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Home My WebLink About2002/02/20 - Agenda Packet CITY OF RAN C H O~CUCAM O N G A 10500 C v c GEntec. Dr ve Rancho Cuc~mo, nga,~CA 91730 City Office: (90~) 477-2700 AGENDAS REDEVELOPMENT AGENCY FIRE PROTECTION DISTRICT CITY COUNCIL REGULAR MEETINGS: 1sT and 3rd Wednesdays, 7:00 p.m. FEBRUARY 20, 2002 A.qency, Board & City Council Members William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tem Paul Biane ............................... Member Grace Curatalo ......................... Member Bob Dutton .............................. Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5:30 p.m. Closed Session .................................. Tapia Conference Room 7:00 p.m. Regular Redevelopment Agency Meeting ...... Council Chambers Regular Fire Protection District Meeting... Council Chambers Regular City Council Meeting ...................... Council Chambers City Council Agenda February 20, 2002 1 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. 2001 Awards for Design Excellence Program. 2. Presentation of a Proclamation and Certificates to Ruth Musser Middle School in recognition of their award-winning city planning school project. 3. Presentation of a Proclamation in recognition of YMCA Month 2002. 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.~. CONSENT CALENDAR 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: January 16, 2002 February 6, 2002 1 2. Approval of Warrants, Register Nos. 1/30/02 and 2/6/02, and Payroll ending 1/27/02 for the total amount of $2,790,846.12. 3. Approve to receive and file current Investment Schedule as of January 22 31,2002 4. Approval to authorize the advertising of the "Notice Inviting Bids" for the 28 Construction of Church Street Right Turn Lane Improvement from Haven Avenue to 500' west, to be funded from Account No. 11243035650/1336124-0 (Transportation). City Council Agenda February 20, 2002 2 30 RESOLUTION NO. 02-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM HAVEN AVENUE TO 500' WEST IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval to authorize the advertising of the "Notice Inviting Bids" for the 35 Construction of the In-Roadway Warning Light System at the Intersection of 19th Street and Jasper Street, Federal Aid Project STPLHSR-5420 (007), to be funded from Account No. 12343035650/1439234-0. RESOLUTION NO. 02-046 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE "IN-ROADWAY WARNING LIGHT SYSTEM AT THE iNTERSECTION OF 19TM STREET AND JASPER STREET, FEDERAL AID PROJECT STPLHSR-5420 (007)" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 6. Approval for the purchase of two 92) Cushman Turf-Trucksters from 43 Pacific Equipment & Irrigation, Inc., of Chino, in the amount of $33,669.72, funded from Fund No. 1134-303-5603 and 1712-001-5603. 44 7. Approval of a recommendation for Reorganization of the Community Services Network. 8. Approval-of a request from Rancho Cucamonga ACE Softball for 51 Waiver of Rental Fees for their Opening and Closing Ceremonies at the Rancho Cucamonga Epicenter Stadium on March 2, 2002 and June 1, 2002. 9. Approval to determine the rate for Community Facilities District No. 55 2001-01 for fiscal year 2001-02 and providing a method of collection thereof. City Council Agenda February 20, 2002 3 RESOLUTION NO. 02-047 57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DETERMINING THE RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2001- 01 FOR FISCAL YEAR 2001-2002 AND PROVIDING A METHOD OF COLLECTION THEREOF 10. Approval of Improvement Agreement, Improvement Security and 61 Ordering the Annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 for DRCDR01-03, on the east side of Hermosa Avenue, nodh of Sharon Circle, submitted by Paragon Development Corporation. RESOLUTION NO. 02-048 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRCDR01-03 RESOLUTION NO. 02-049 {~5 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 DRCDR01-03 11. Approval of Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3B and 72 Street Lighting Maintenance District Nos. 1 and 6 for DRC2001-00497, on the west side of Hermosa Avenue, north of 6th St,, submitted by Auto Facilities Real Estate Trust 2001-1, a Delaware Business Trust, owner. RESOLUTION NO. 02-050 '/5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY DRC2001-00497 RESOLUTION NO. 02-051 76 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 DRC2001-00497 City Council Agenda February 20, 2002 4 12. Approval of an Agreement (CO 02-010) for Plan Check Services. 85 RESOLUTION NO. 02-052 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT WITH DAN GUERRA AND ASSOCIATES, AUFBAU CORPORATION AND ARCHITERRA DESIGN GROUP, RESPECTIVELY, TO PROVIDE DEVELOPMENT PLAN CHECKING SERVICES 13. Approval of an Agreement between the City of Rancho Cucamonga and 93 Verizon California, inc., (CO 02~011) for the Conveyance of the Underground Conduit and Substructure Facilities for Verizon as part of the Lower Hermosa Avenue, Phase I, Utility Underground and Street Light Improvements between 4th and 8th Streets. 95 RESOLUTION NO. 02-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA, INC., FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE LOWER HERMOSA AVENUE, PHASE I, UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS BETWEEN 4TM AND 8TM STREETS. 14. Approval to accept Improvements, release the Faithful Performance 96 Bonds, accept Maintenance Bonds, and file a Notice of Completion for Tract 15871~1, submitted by William Lyon Homes, Inc., located on the northwest corner of Day Creek Boulevard and Victoria Park Lane. RESOLUTION NO. 02-054 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 15871-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 15. Approval to accept the construction of the Marine Avenue (Humboldt 100 Avenue to 26th Street) and 26th Street (Center Avenue to Haven Avenue) pavement rehabilitation, Contract No. 01-088, as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $127,546.88. City Council Agenda February 20, 2002 5 RESOLUTION NO. 02-055 102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF THE MARINE AVENUE (HUMBOLDT AVENUE TO 26TM STREET) AND 26TM STREET (CENTER AVENUE TO HAVEN AVENUE) PAVEMENT REHABILITATION, CONTRACT NO. 01-088, AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 16. Approval to release Maintenance Guarantee Bond No. 3438954 in the 103 amount of $6,255.86, for the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, Contract No. 00-068. 17. Approval to release Maintenance Guarantee Bond No. 8161-44-71M in 10§ the amount of $16,879.07, for the Banyan Street at Fredricksburg Avenue Traffic Signal and Widening Improvements, Contract No. 00- 051. THE REDEVELOPMENT AGENCY WILL RECONVENE AT THIS TIME FOR A JOINT PUBLIC HEARING WITH THE CITY COUNCIL ROLL CALL FOR THE REDEVELOPMENT AGENCY Roll Call: Alexander Biane Curatalo Dutton , and Williams E. 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. 1. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT FOR '~07 VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP SUBTT15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A public hearing to consider certifying the final Environmental Impact Report (EIR) and approving the Statement of Facts and Findings and Overriding Considerations for the proposed project known ad Victoria Gardens, a mixed use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple family City Council Agenda February 20, 2002 6 residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan and is generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN 227-161-35, 36 and 38, 227-171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 through 43. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 215 DEVELOPMENT AGREEMENT 01-02 (CO 02-012) - FOREST CITY DEVELOPMENT CALIFORNIA, INC. A request to establish a Development Agreement and the detailed review of a master plan for a project known as Victoria Gardens, a mixed use development consisting of approximately 2.45 million square foot retail, office, and civic uses as well as 600 multiple family residential units, on approximately 175 acres of land. Te project site is within the City boundary and the Victoria Community Plan, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek Boulevard to the west. APN: 227-161-35, 36 and 38; 227- 17%22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43. Related files: Victoria Community Plan Amendment 01-01, Tentative Parcel Map 15716. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 2'1~ VICTORIA COMMUNITY PLAN AMENDMENT 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to amend the Victoria Community Plan by changing the land use designation from Regional Center to Mixed Use and modifying various text sections and graphics in the Community Plan to accommodate the proposed project known as the Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek Boulevard to the west. APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43. Related files: Development Agreement 01-02, Tentative Parcel Map 15716. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUBTT15716 FOREST CITY DEVELOPMENT - A request to subdivide approximately 147 acres of land into 97 parcels and 39 lettered lots (private and public street) to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west. APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43. Related files: Development Agreement 01-02, Tentative Parcel Map 15716. RESOLUTION NO. 02-056 '174 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#20010301028) AND APPROVING THE STATEMENT OF FACTS AND FINDINGS AND City Council Agenda February 20, 2002 7 OVERRIDING CONSIDERATIONS FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, TENTATIVE PARCEL MAP 15716, AND A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS-C, LLC., ("THE DDA") CONCERNING A PROPOSED PROJECT KNOWN AS VICTORIA GARDENS, A MIXED USE DEVELOPMENT CONSISTING OF APPROXIMATELY 2.45 MILLION SQUARE FEET OF RETAIL, OFFICE, AND CIVIC USES, AND UP TO 600 RESIDENTIAL UNITS ON APPROXIMATELY 175 ACRES OF LAND, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43 ORDINANCE NO. 678 (first reading) 2'15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 01-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, LLC. INCLUDING A MASTER PLAN FOR THE PURPOSE OF DEVELOPING APPROXIMATELY 2.45 MILLION SQUARE FEET OF RETAIL, OFFICE, AND CIVIC USES AS WELL AS 600 MULTIPLE-FAMILY RESIDENTIAL UNITS, ON APPROXIMATELY 175 ACRES OF LAND. THE PROJECT SITE IS WITHIN THE CITY BOUNDARY AND THE VICTORIA COMMUNITY PLAN AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43 City Council Agenda February 20, 2002 8 ORDINANCE NO. 6 79 (first reading) 419 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 01-01 CHANGING THE LAND USE DESIGNATION FROM REGIONAL CENTER TO MIXED USE AND MODIFYING VARIOUS TEXT AND GRAPHICS IN THE COMMUNITY PLAN TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I- 15 FREEWAY TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF RESOLUTION NO. 02-057 452 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15716, A REQUEST TO SUBDIVIDE 175 ACRES OF LAND INTO 97 PARCELS AND 39 LETTERED LOTS (PRIVATE AND PUBLIC STREETS) TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS THE VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 227~161-35, 36 and 38; 227- 171-22 and 23; 227-201-30, 33, 35 and 36; and 227-211-24 and 39 thru 43 2. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT 479 AGREEMENT (CO RA 02-002) BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS-C, L.L.C. FOR DEVELOPMENT OF A REGIONAL SHOPPING CENTER WITH ANCILLARY COMMERCIAL, OFFICE, AND RESIDENTIAL USES, ON APPROXIMATELY 147 ACRES OF LAND LOCATED NORTH OF FOOTHILL BOULEVARD, SOUTH OF CHURCH STREET, EAST OF FUTURE DAY CREEK BOULEVARD, AND WEST OF 1-15 City Council Agenda February 20, 2002 9 RESOLUTION NO. 02-058 484 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETVVEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS-C, L.L.C. AND MAKING FINDINGS RELATED THERETO RESOLUTION NO. RA 02-002 487 A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, RANCHO CUCAMONGA, CALIFORNIA, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH VICTORIA GARDENS-C, L.L.C. AND MAKING FINDINGS RELATED THERETO THE REMAINDER OF THE REDEVELOPMENT AGENCY ITEMS WILL BE CONSIDERED AT THIS TIME. AFTER THE RDA ADJOURNS, THE CITY COUNCIL WILL CONSIDER THE BALANCE OF THEIR AGENDA. F. 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. G.~. 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. No Items Submitted. H.~. 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. City Council Agenda February 20, 2002 10 1. CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES INLAND 490 EMPIRE DIVISION'S LEGISLATIVE TASK FORCE PROGRAM OF WORK 2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES 494 UPDATE I_. 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. J. 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. K. 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 February 14, 2002, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. January 16, 2002 CiTY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, January 16, 2002, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Agencymembers: Paul Biane, Grace Curatalo, Bob Button, Diane Williams and Chairman William J. Alexander. Also present were: Jack Lam, Executive Director; and James Markman, Legal Counsel. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS James Markman, City Attorney, stated it is requested the following item be added: CONFERENCE WITH LEGAL COUNSEL REGARDING PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) - CITY OF RANCHO CUCAMONGA VS SPIRIT OF THE SAGE. The item was added by unanimous vote. C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The Council recessed at 6:30 p.m. No action was taken in closed session. City Council Minutes January 16, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Reqular Meetin.q A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, January 16, 2002 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:04 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Flavio Nunez, Assistant RDA Analyst; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst Ilk Bill Makshanoff, Building Official; Joe O'Neil, City Engineer; Brad Bullet, City Planner; Larry Henderson, Principal Planner; Nancy Fong, Sr. Planner; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Duane Baker, Assistant to the City Manager; Kimberly Thomas, Management Analyst II; and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Presentation of a Proclamation to "WeTip" Founder Bill Brownell, for his years of service to our community. Pete Ortiz, Police Chief, assisted the Mayor as he presented the Proclamation to Mr. Brownell. Captain Ortiz thanked Mr. and Mrs. Brownell for all of their assistance and dedication over the years and for the vision they had 30 years ago. C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. CONSENT CALENDAR D1. Approval of Warrants, Register Nos. 12/19/01, 12/26/01 and 1/2/02 and Payroll ending 12/20/01 for the total amount of $1,940,640.98. D2. Approve to receive and file current Investment Schedule as of December 31, 2001. D3. Approval to authorize the advertising of the "Notice Inviting Bids" for the Landscape and Irrigation Maintenance Contract for Landscape Maintenance Districts 9 and 10, to be funded from Account Numbers 1139303-5300 and 1140303-5300. City Council Minutes January 16, 2002 Page 3 RESOLUTION NO. 02-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE DISTRICTS 9 & 10 AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D4. Approval to authorize the advertising of the "Notice Inviting Bids" for the Construction of the Hermosa Avenue Storm Drain and Street Improvement from 400' north of Church Street to 500' north of Base Line Road to be funded from Account Nos. 11123035650/1292112 (drainage} and 11763035650/1301176 (Measure I). RESOLUTION NO. 02-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE "HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENT FROM 400' NORTH OF CHURCH STREET TO 500' NORTH OF BASE LINE ROAD" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS D5. Approval of Resolution authorizing the destruction of City Records pursuant to California Government Code Section 34090, the City's Records Retention Schedule, and other applicable legal citations. RESOLUTION NO. 02~027 A RESOLUTION OF THE CITY COUNCIL OF THF CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS WHICH ARE NO LONGER REQUIRED AS SET FORTH IN CALIFORNIA GOVERNMENT CODE SECTION 34090 AND OTHER APPLICABLE LEGAL REFERENCES D6. Approval of Request for Waiver of Rental Fees for the Epicenter Stadium from the Rancho Cucamonga Professional Baseball Club for a Public Workout by the California Angels on February 2, 2002 and February 6, 2002. D7. Approval of Map, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map 15540, located between the south side of Foothill Boulevard and Arrow Route, west of Cucamonga Creek, submitted by Van Daele Development Corporation. RESOLUTION NO. 02-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAP NUMBER AND MONUMENTATION CASH DEPOSIT FOR TRACT MAP NUMBER 15540 RESOLUTION NO. 02-029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 & 2 FOR TRACT MAP 15540 City Council Minutes January 16, 2002 Page 4 D8. Approval of Map, Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District Nos. 1 and 2 for Tract Map No. 15955, located at the northeast corner of San Bernardino Road and Vineyard Avenue, submitted by Jeff Lee. RESOLUTION NO. 02-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING MAP AND MONUMENTATION CASH DEPOSIT FOR TRACT MAP NUMBER 15955 RESOLUTION NO. 02-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 2 FOR TRACT 15955 D9. Approval of Improvement Agreement and Improvement Securities for Rancho Etiwanda Revised University Project Street, Storm Drain and Landscape Infrastructure generally located on Day Creek Boulevard from the 210 Freeway to 600 feet north of Wilson Avenue on Wilson Avenue, Banyan Street and Vintage Drive all generally between Day Creek Channel-SCE Corridor and Bluegrass Avenue (formerly Hanley Avenue, submitted by Rancho Etiwanda 685, LLC, a Delaware Limited Liability Company. RESOLUTION NO. 02-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR RANCHO ETIWANDA REVISED UNIVERSITY PROJECT AND THE STREET, STORM DRAIN AND LANDSCAPE INFRASTRUCTURE IMPROVEMENTS D10. Approval of Improvement Agreement, Improvement Security, Ordering the Annexation to Landscape Maintenance District No. 7 and Street Lighting Maintenance District Nos. 1 and 7 for Tract No. 16147, located southwest corner of Banyan Street (formerly Summit) and Etiwanda Avenue, submitted by Pacific Crest Communities, Inc.- APN'S: 225-171-05, 12, 13, 20, 22 and 25. RESOLUTION NO. 02-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16147, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY RESOLUTION NO. 02-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 7 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 7 FOR TRACT NO. 16147 City Council Minutes January 16, 2002 Page 5 D11. Approval of Amendment No. 2 to the Amended and Restated Lease between the City of Rancho Cucamonga and Valley Baseball Club, Inc., (CO 92-064) relating to Police Security. D12. Approval of an Agreement between the City of Rancho Cucamonga and the California Speedway Corporation (CO 02-005) approving the Lease of Speedway-owned property for development of athletic facilities. ITEM REMOVED FOR DISCUSSION. D13. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for DR 99-32, submitted by Sunrise Development, Incorporated, located on the south side of Base Line Road, east of Amethyst Street. RESOLUTION NO. 02-035 A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99- 32 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D14. Approval of Maintenance Guarantee Bond No. 6075527 in the amount of $14,653.92, for the Traffic Signals and Safety Lighting at Carnelian Street and La Vine/La Grande Streets, Contract No. 00- 052. D15. Approval to accept the Construction of the Wilson Avenue Landscape Improvements from San Sevaine Road to Cherry Avenue, LMD #7, Contract No. 01-048 as complete, retain the Performance Bond as a Guarantee Bond, release the Labor and Material Bond, and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $181,763,22. RESOLUTION NO. 02-036 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE WILSON AVENUE LANDSCAPE IMPROVEMENTS FROM SAN SEVAINE ROAD TO CHERRY AVENUE, LMD #7, CONTRACT NO. 01-048 AS COMPLETE AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Biane, seconded by Dutton to approve the staff recommendations in the staff reports contained within the Consent Calendar with the exception of Item D12. Motion carried unanimously 5-0. DISCUSSION OF ITEM D12. Approval of an Agreement between the City of Rancho Cucamonga and the California Speedway Corporation (CO 02-005) approving the Lease of Speedway-owned property for development of athletic facilities. Kevin McArdle Community Services Director, presented the staff report. He added there were still a couple matters that are being negotiated pertaining to the lease termination clause and indemnity and insurance. Councilmember Williams asked Mr. McArdle to go into detail what would be done with the property. Kevin McArdle, Community Services Director, outlined the amenities of the project would include soccer fields, a snack bar, and a maintenance building. Councilmember Biane inquired about the timing for completion. City Council Minutes January 16, 2002 Page d Kevin McArdle, Community Services Director, stated it would start construction in about eight months and then take approximately nine months to complete it. MOTION: Moved by Dutton, seconded by Williams to approve the staff recommendation in item D12. Motion carried unanimously 5-0. E. CONSENT ORDINANCES D1. AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT Debra J. Adams, City Clerk, read the title of Ordinance No. 674. ORDINANCE NO. 674 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AND ADOPTING AMENDMENT NO. 3 TO THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT PROJECT AREA MOTION: Moved by Williams, seconded by Curatalo to approve Ordinance No. 674. Motion carried 3- 0-0-2 (Biane an Dutton abstained). F. ADVERTISED PUBLIC HEARINGS Fl. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR PERMITS AND SERVICES PROVIDED BY ALL CITY DEPARTMENTS, THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA POLICE DEPARTMENT, BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 00-286 (CONTINUED FROM JANUARY 2, 2002) Staff report presented by Larry Temple, Administrative Services Director. Councilmember Biane inquired if the BIA was notified of this. Larry Temple, Administrative Services Director, stated yes and stated they are in concurrence with the proposed amended fee schedule. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 02-023 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A NEW COMPREHENSIVE FEE SCHEDULE FOR PERMITS AND SERVICES PROVIDED BY ALL CITY DEPARTMENTS, THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AND THE RANCHO CUCAMONGA POLICE DEPARTMENT, BY MODIFYING CERTAIN FEES ESTABLISHED IN RESOLUTION 00-286 City Council Minutes January 16, 2002 Page 7 MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 02-023. Motion carried unanimously 5-0. F2. CONSIDERATION OF THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN - A request to review and approve the Foothill Boulevard/Route 66 Visual Improvement Plan. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRCDCA01-02 - CITY OF RANCHO CUCAMONGA - A request to amend various sections of the Foothill and Industrial Districts by adding or modifying text and graphics regarding the Foothill Boulevard/Route 66 Visual Improvement Plan. CONSIDERATION OF TERRA VISTA COMMUNITY PLAN AMENDMENT DRCTVCPA01-01 - CITY OF RANCHO CUCAMONGA - A request to establish streetscape standards known as the Foothill Boulevard/Route 66 Visual Improvement Plan for that portion of Foothill Boulevard within the Terra Vista Community Plan. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-03 - CITY OF RANCHO CUCAMONGA - A request to establish streetscape standards known as the Foothill Boulevard/Route 66 Visual Improvement Plan for that portion of Foothill Boulevard within the Victoria Community Plan. Staff repod presented by Nancy Fang, Sr. Planner. She turned the presentation over to Urban Design Studio/RBF. Mark Broder gave a power point presentation describing the vision far Route 66. Bob Klekner presented information describing the project. Councilmember Williams asked how flexible this plan can be because she is concerned with East Avenue being a gateway because of the proposed shopping center. Brad Bullet, City Planner, stated the document is for guidelines and that the gateway can be moved. Councilmember Dutton felt from East to the freeway should not be a "no mans land" either. Councilmember Biane stated he agreed with the comments of both Councilmembers Williams and Dutton. Councilmember Williams asked if the arches can go over Foothill and still meet Caltrans' standards. Brad Buller, City Planner, stated that would be something that would have to be worked out. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. RESOLUTION NO. 02-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Dutton, seconded by Biane to approve Resolution No. 02-037. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 675, 676 and 677. City Council Minutes Janua~ 16,2002 Page 8 ORDINANCE NO. 675 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT, DRCDCA01-02, A REQUEST TO AMEND VARIOUS SECTIONS OF THE FOOTHILL BOULEVARD AND INDUSTRIAL DISTRICTS BY ADDING OR MODIFYING TEXT AND GRAPHICS REGARDING THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 676 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRCTVCPA01-01, A REQUEST TO ESTABLISH STREETSCAPE STANDARDS KNOWN AS THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN FOR THAT PORTION OF FOOTHILL BOULEVARD WITHIN TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 677 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-03, A REQUEST TO ESTABLISH STREETSCAPE STANDARDS KNOWN AS THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL iMPROVEMENT PLAN FOR THAT PORTION OF FOOTHILL BOULEVARD WITHIN THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS iN SUPPORT THEREOF MOTION: Moved by Williams, seconded by Biane to waive full reading and set second reading of Ordinance Nos. 675, 676 and 677. Motion carried unanimously 5-0. G. PUBLIC HEARINGS Gl. CONSIDERATION OF THE DISTRIBUTION OF A REQUEST FOR PROPOSALS TO PREPARE THE FEDERALLY REQUIRED UPDATE TO THE CITY'S ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE (CO 02-006} Staff report presented by Larry Henderson, Principal Planner. Mayor Alexander opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Biane, seconded by Grace to approve staff's recommendation. Motion carried unanimously 5-0. City Council Minutes January 16, 2002 Page 9 H. CITY MANAGER'S STAFF REPORTS H1. CABLE TELEVISION UPDATE (ORAL) Staff report presented by Kimberly Thomas, Management Analyst II. Thomas Thompkins of Charter Communications gave a power point presentation which is on file in the City Clerk's office. Councilmember Williams thanked him for his involvement in the community even though she still disagrees with the green cable boxes. Mr. Thompkins also recognized Ruth Leal for all of her efforts. ACTION: Report received and filed. H2. CONSIDERATION OF AN EXTENSION OF THE MOBILE HOME ACCORD FOR SEVEN YEARS WITH ALTA LACUNA, ALTA VISTA, CASA VOLANTE, CHAPPARAL HEIGHTS, FOOTHILL MANOR, SYCAMORE VILLA, AND THE PINES MOBILE HOME PARKS Staff report presented by Duane Baker, Assistant to the City Manager. He referred to a letter recently received from Sycamore Villa owner John Davis who expressed his concerns. He felt all of the other agreements should be approved and that staff will continue to work with Sycamore. He also stated Ramona Villa will also be handled separately. Mayor Alexander suggested the six parks be approved and extend the agreements for the other two parks for 90 days. Mayor Alexander opened the meeting for public hearing. Addressing the City Council were: Glenn Smith, Ramona Villa, felt their agreement meant there would be a reduction in their amenities and that is why they do not agree with being a part of the Accord. Clay Hague, Association of Mobile Home Owners and Operators, stated they concur with the Accord and felt it protected the residents and owners. He felt things could be worked out for any of the parks that have not signed. He added they endorse the Accord. MOTION: Moved by Dutton, seconded by Williams to approve the Accord for Alta Laguna, Alta Vista, Casa Volante, Chapparal Heights, Foothill Manor and the Pines Mobile Home Parks, and extend the existing Accord for Sycamore Villa and Ramona Villa for 90 days. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE ACTION: Report received and filed. 12. CONSIDERATION OF RESOLUTION IN SUPPORT OF INLAND EMPIRE AIRPORTS FIRST (CONTINUED FROM JANUARY 2, 2002) Update on this item was presented by Jack Lam, City Manager. City Council Minutes January 16, 2002 Page 10 Councilmember Biane stated he has been working with Britt Wilson, Management Analyst III, to get more information on what other cities are doing, and felt more information is still needed. He suggested this come back once all the information is complete. RESOLUTION NO. 02-024 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IN SUPPORT OF "INLAND EMPIRE AIRPORTS FIRST" ACTION: To bring back after the research is completed at a future meeting. J. IDENTIFICATION OF ITEMS FOR NEXT MEETING J1. Councilmember Williams stated there are a lot of shopping carts getting stacked up throughout the City. She asked if the stores can be written a letter or a phone call made to them to get them to pick them up. Jack Lam, City Manager, stated the City will make some phone calls to see what can be done. J2. Councilmember Williams asked about the status of the DMV building on Hellman. She stated she would like an update on this at the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Biane, seconded by Williams to adjourn. Motion carried unanimously 5-0 The meeting adjourned at 8:35 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * February 6, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council held a closed session on Wednesday, February 6, 2002, in the Tapia Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; and Brad Buller, City Planner. B. ANNOUNCEMENT OF CLOSED SESSION ITEMS Mayor Alexander announced the closed session items. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 7089 ETIWANDA AVENUE, OWNED BY SAN BERNARDINO ASSOCIATED GOVERNMENTS; BRAD BULLER, CITY PLANNER, NEGOTIATING PARTY, REGARDING PRICE AND TERMS OF PAYMENT - CC C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present to comment on the closed session items. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The Agency recessed at 6:35 p.m. No action was taken in closed session. City Council Minutes February 6, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALLTO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 6, 2002 in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 7:06 p.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, City Attorney; Linda D. Daniels, Redevelopment Agency Director; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst IIh Jodi Sorrell, Marketing Manager; Dave Moore, Recreation Superintendent; Bill Makshanoff, Building Official; Mark Salazar, Code Enforcement Supervisor; Joe O'Neil, City Engineer; Bob Zetterberg, Integrated Waste Manager; Brad Buller, City Planner; Larry Temple, Administrative Services Director; Sid Siphomsay, Information Systems Analyst; Sam Davis, Information Systems Specialist; Chief Dennis Michael, Rancho Cucamonga Fire Protection District; Captain Pete Ortiz, Police Department; Duane Baker, Assistant to the City Manager; Britt Wilson, Management Analyst II; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk and Debra J. Adams, City Clerk. B. ANNOUNCEMENTS/PRESENTATIONS B1. Recognition of Rancho Cucamonga Community Foundation's Founder's Night Gala Sponsors and Ambassadors. Chuck Buquet, President of the Community Foundation, gave a power point presentation. He was assisted with members of the Foundation in recognizing the sponsors by distributing plaques and certificates. C. COMMUNICATIONS FROM THE PUBLIC C1. Raul Delgado of Rancho Cucamonga, addressed the Council regarding coyotes killing people's pets and asked what the City does to control this. He felt all of the construction going on was creating this problem. Mayor Alexander stated animal control would be the agency to contact about this. Jack Lam, City Manager, suggested Mr. Delgado talk to Duane Baker, Assistant to the City Manager, about this matter at the conclusion of the meeting. C2. Gino Filippi wanted to thank the Council for their effods in helping to restore his winery. He also thanked Joe O'Neil for keeping them informed about the work going on along Base Line. He displayed a book called "A Zinfandel Odyssee" by Rhoda Stewart which was about the valley we live in. He read a passage from the book which was about the Regina Winery. He thanked the Council for their support. City Council Minutes February 6, 2002 Page 3 C3. John Lyons, Etiwanda, stated he wanted to talk about elections. He mentioned Bob Dutton running for Assembly and Paul Biane running for Supervisor. He thought it was great that both of them were running and that he is happy the way the City is operating. D. CONSENT CALENDAR D1. Approval of Minutes: January 2, 2002 D2. Approval of Warrants, Register Nos. 1/9/02, 1/16/03 and 1/23/02 and Payroll ending 1/13/02 for the total amount of $3,772,432.03. D3. Approval of Co-Sponsorship of Quakes/Hispanic Chamber of Commerce Mega Mixer at the Epicenter on February 28, 2002. D4. Approval of a Request for Waiver of Epicenter Special Event Area Fees for the Local Chapter of the California Association of School Transportation Official's School Bus Roadeo to be held on March 15- 16, 2002. D5. Approval for Renewal of a Five-Year Agreement between the City of Rancho Cucamonga and Citrus Little League for Snack Bar and Field Use. D6. Approval of Improvement Agreement, Improvement Security, and Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16239 located at the northeast corner of Milliken Avenue and Base Line Road, submitted by Diversified Pacific - APN: 2227-691-01. RESOLUTION NO. 02-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT 16239 RESOLUTION NO. 02-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16239 D7. Approval to accept the Bids received and award and authorize the execution of the Contract in the amount of $50,251.30 ($45,683.00 plus 10% contingency) to the apparent Iow bidder, All American Asphalt (CO 02-008), for the Construction of the 8t~ Street Pavement Rehabilitation from Grove Avenue to Baker Avenue, to be funded from Measure I Funds, Account No. 11763035650/1297176-0. D8. Approval to accept the Bids received and award and authorize the execution of the Contract in the amount of $95,585.60 ($86,896.00) plus 10% contingency) to the apparent Iow bidder, Silvia Construction, ~nc. (CO 02-009), for the Construction of the Base Line Road Pavement Rehabilitation from Lion Street to Hellman Avenue, to be funded from Measure I Funds, Account No. 11763035650/1199176-0. City Council Minutes February 6, 2002 Page ,4 D9. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond and file a Notice of Completion for Improvements for CUP 97-19, submitted by American Stores Properties, Incorporated, located on the northwest corner of Foothill Boulevard and Vineyard Avenue. RESOLUTION NO. 02-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR CUP 97-19 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D10. Approval to accept Improvements, release the Faithful Performance Bonds, accept Maintenance Bonds, and file a Notice of Completion for Tract 15871-2, submitted by William Lyon Homes, Inc., located on the northwest corner of Day Creek Boulevard and Victoria Park Lane. RESOLUTION NO. 02-041 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 15871-2 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Dll. Approval to accept the Construction of the Access Ramp Improvements generally located along Hermosa Avenue and Lemon Avenue, Contract No. 01-078 as complete, retain the Performance Bond as a Guarantee Bond, release Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $68,211.00. RESOLUTION NO. 02-042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE ACCESS RAMP IMPROVEMENTS GENERALLY LOCATED ALONG HERMOSA AVENUE AND LEMON AVENUE, CONTRACT NO. 01-078 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK D12. Approval to release Maintenance Guarantee Bond for DR 97-33, located on the southeast corner of Sixth Street and Rochester Avenue, submitted by Dove Investments, Incorporated. D13. Approval to accept the Construction of the Traffic Signal and Safety Lighting at Rochester Avenue and Lark Drive, Contract No. 01-025 as complete, release the bonds, accept a Maintenance Bond and authorize the City Engineer to file a Notice of Completion and approve the final Contract amount of $83,740.00 RESOLUTION NO. 02-043 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT ROCHESTER AVENUE AND LARK DRIVE, CONTRACT NO. 01-025 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK MOTION: Moved by Dutton, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. City Council Minutes February 6, 2002 Page $ E. CONSENT ORDINANCES El. CONSIDERATION OF ENVIRONMENTAL ASSESSMENT 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 acre adjacent to the ease 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 002-02C. Staff has prepared a Negative Declaration of environmental impacts for consideration. Debra J. Adams, City Clerk, read the title of Ordinance No. 662. ORDINANCE NO. 662 (second 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 TEST AMENDMENTS TO THE DESCRIPTION OF THE VILLAGE COMMERCIAL DESIGNATION, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Diane, seconded by Curatalo to waive full reading and approve Ordinance No. 662. Motion carried unanimously 5-0. E2. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT DRCDCA01-02 - CITY OF RANCHO CUCAMONGA - A request to amend various sections of the Foothill and Industrial Districts by adding or modifying text and graphics regarding the Foothill Boulevard/Route 66 Visual Improvement Plan. CONSIDERATION OF TERRA VISTA COMMUNITY PLAN AMENDMENT DRCTVCPA01-01 - CITY OF RANCHO CUCAMONGA - A request to establish streetscape standards known as the Foothill Boulevard/Route 66 Visual Improvement Plan for that portion of Foothill Boulevard within the Terra Vista Community Plan. CONSIDERATION OF VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-03 - CITY OF RANCHO CUCAMONGA - A request to establish streetscape standards known as the Foothill Boulevard/Route 66 Visual Improvement Plan for that portion of Foothill Boulevard within the Victoria Community Plan. Debra J. Adams, City Clerk, read the titles of Ordinance Nos. 675, 676, and 677. ORDINANCE NO. 675 (second reading) AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT, DRCDCA01-02, A REQUEST TO AMEND VARIOUS SECTIONS OF THE FOOTHILL BOULEVARD AND INDUSTRIAL DISTRICTS BY ADDING OR MODIFYING TEXT AND GRAPHICS REGARDING THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF City Council Minutes February 6, 2002 Page 6 ORDINANCE NO. 676 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TERRA VISTA COMMUNITY PLAN AMENDMENT DRCTVCPA01-01, A REQUEST TO ESTABLISH STREETSCAPE STANDARDS KNOWN AS THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN FOR THAT PORTION OF FOOTHILL BOULEVARD WITHIN TERRA VISTA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF ORDINANCE NO. 677 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT DRCVCPA01-03, A REQUEST TO ESTABLISH STREETSCAPE STANDARDS KNOWN AS THE FOOTHILL BOULEVARD/ROUTE 66 VISUAL IMPROVEMENT PLAN FOR THAT PORTION OF FOOTHILL BOULEVARD WITHIN THE VICTORIA COMMUNITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Biane, seconded by Curatalo to waive full reading and approve Ordinance Nos. 676,676, and 677. Motion carried unanimously 5-0. E. ADVERTISED PUBLIC HEARINGS No Items Submitted. F. PUBLIC HEARINGS No Items Submitted. G. CITY MANAGER'S STAFF REPORTS Gl. PRESENTATION BY CHAFFEY COLLEGE ON PROPOSED BOND MEASURE "L" (Oral) Lee McDougal and Dr. Marie Pepicelli of Chaffey College gave a power point presentation on Chaffey College and Measure L. They distributed a handout, which is on file in the City Clerk's office, about the measure. MOTION: Moved by Williams, seconded by Dutton to endorse the proposed Measure "L" as presented by the Board of Directors and President of Chaffey College. Motion carried unanimously 5-0. G2. CONSIDERATION OF APPLICATION FOR A USED OIL RECYCLING BLOCK GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT A power point presentation was given by Bob Zetterberg, Integrated Waste Manager. City Council Minutes February 6, 2002 Page 7 RESOLUTION NO. 02-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE APPLICATION FOR A USED OIL RECYCLING BLOCK GRANT FUNDS FROM THE USED OIL RECYCLING FUND UNDER THE USED OIL RECYCLING ENHANCEMENT ACT MOTION: Moved by Biane, seconded by Curatalo to approve Ordinance No. 02-044. Motion carried unanimously 5-0. I. COUNCIL BUSINESS I1. CONSIDERATION OF CITY COUNCIL LIBRARY SUBCOMMITTEE'S RECOMMENDATION TO APPOINT PAUL WILLIAMS TO THE LIBRARY FOUNDATION MOTION: Moved by Dutton, seconded by Biane to appoint Paul Williams. Motion carried unanimously 5- 0. 12. UPDATE ON DMV OFFICE IN RANCHO CUCAMONGA ACTION: Report received and filed. Staff report presented by Duane Baker, Assistant to the City Manager. Mayor Alexander opened the meeting for public comment. Addressing the City Council was: Jennifer Briguglio Bandy, with Jay, Cobb & Marley, addressed the Council stating they had concerns about the relocation of the DMV office. She continued to quote from a letter which is on file in the City Clerk's office. She stated as tenants of this building, they oppose this and asked that the City investigate their concerns for safety and traffic problems. Mayor Alexander asked if they have approval from the City to be in the new location and have these concerns that were raised been investigated. Brad Bullet, Cit~, Planner, stated this is a permitted use in this building, but did not think they had submitted an application for the occupancy of the building. James Markman, City Attorney, stated this is a State of California project and the City does not have any authority over this facility. Mayor Alexander felt the City should at least look at this. Councilmember Williams felt ingress and egress should be looked at this location and also monitor the area for possible traffic accidents. Brad Buller, City Planner, stated he would do this. ACTION: Report received and filed. 13. UPDATE ON SHOPPING CART RETRIEVAL Staff report presented by Bill Makshanoff, Building Official. City Council Minutes February 6, 2002 Page $ Councilmember Williams stated she brought this up because of the attitude she had received from Starer Brothers and that they were not receptive in helping this situation. Bill Makshanoff, Building Official, introduced Mark Salazar as the new Code Enforcement Supervisor. J. iDENTIFICATION OF ITEMS FOR NEXT MEETING No items were identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. L. ADJOURNMENT MOTION: Moved by Dutton, seconded by Biane to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:16 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * CITY OF RC IFAS (PROD) 01/30/02 C H E C K R H G I E T E R CHECK REGISTER Page 1 WED, J~N 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FIN/~NCE---job: 73368 #S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check ' Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00178912 004635 A ~ND K 30 MIN PHOTO LAB INC 01/30/02 8.94 NW OH Payee Name different in Check DB AP00178913 000001 AA EQUIPMEN~ RENTALS co INC 01/30/02 152.49 MW OH AP00178914 002732 ABC LOCKSMITHS 01/30/02 4,724.61 MW OH AP00178915 006849 /%BEL, MARY 01/30/02 69.01 NW OH AP00178916 090108 ACE SCREEN AND WINDOW REPAIR 01/30/02 357.75 MW OH AP00178917 000013 ACTION BUSINESS MACHINES 01/30/02 68.00 MW OH AP00178918 006854 ACTS II FAITH 01/30/02 200.00 MW OH AP00178919 005231 AEF SYSTEMS CONSULTING INC 01/30/02 175.00 MW OH AP00178920 005509 AIR CONTROLLED ENVIRONMEN~fS 01/30/02 273.18 MW OH AP00178921 021700 AIR LIQUIDE /LMERICA CORPORATI 01/30/02 40.63 MW OH AP00178922 003448 ALL WELDING 01/30/02 103.20 MW OH AP00178923 004627 ALLEN'S BOOTS 01/30/02 116.09 MW OH AP00178924 005673 ALLEN, SYLVESTER R 01/30/02 283.53 MW OH AP00178925 002644 ALPERTS PRINTING 01/30/02 2,692.09 MW OH AP00178926 000973 /~LPHAGP~APHICS 01/30/02 1,908.56 MW OH AP00178927 006172 ALTA LOMA C}{ARTER LINES 01/30/02 601.50 MW OH AP00178928 006354 /~AZON.COM 01/30/02 6.70 MW OH AP00178929 002283 AMS PI~NNING RESEARCH CORP 01/30/02 441.27 MW OH AP00178930 005807 ARCHITERRA DESIGN GROUP 01/30/02 4,576.00 MW OH AP00178931 006872 AREVALO, RIbiA 01/30/02 227.50 MW OH AP00178932 006647 ARKOI/~N, RAM 01/30/02 105.00 MW OH AP00178933 000667 ARROWHEAD C~EDIT UNION 01/30/02 1,575.89 MW OH AP00178934 002437 ASSOCIATED GROUP 01/30/02 1,875.20 MW OH AP00178935 004102 B ~ K ELECTRIC WHOLESALE 01/30/02 7,305.35 MW OH AP00178936 021995 BAP~RIOS, ~%RTA 01/30/02 55.00 MW OR CITY OF RC IFAS (PROD) 01/30/02 C H E C K R H G I S T E R CBECR REGISTER Pa~e WED, J~ 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FIND/~CE---job: 73368 #S041 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00178937 000033 BASELINE TRUE VALUE HARDWARE 01/30/02 71.74 MW OH AP00178938 006848 BATCHELOR, DARCY 01/30/02 50.00 MW AP00178939 006856 BERGEN BRUNSWIG CORP 01/30/02 4,600.20 MW OH AP00178940 004441 BEST BUY CO INC 01/30/02 174.08 MW OH AP00178941 004407 BETTER ENERGY IDEAS 01/30/02 1,541.00 MW AP00178942 006855 BOOKPAGE 01/30/02 216.00 MW OH AP00178943 004833 BOOKS ON TAPE INC 01/30/02 590.51 MW OH AP00178944 006844 BOSSEPdV~N, KIMBERLY 01/30/02 45.30 MW AP00178945 006843 BOWLING, KAT~LEEN 01/30/02 65.00 MW OH AP00178946 006461 BRADB}~W, DO~NA 01/30/02 57.13 ~4W OH AP00178947 VOID.CONTINU Void - Continued Stub 01/30/02 0.00 VM OH Void AP00178948 004369 BROD/LRT BOOKS 01/30/02 5,513.32 MW OH Payee Name different in Check DB AP00178949 006425 BROOKS PRODUCTS 01/30/02 461.82 MW OH AP00178950 0068~1 BURTON, LINDA 01/30/02 90.00 MW OH AP00178951 006847 CALDERON, LETICIA 01/30/02 10.00 MW OH AP00178952 005164 CALIFOR/~IA LIBRARY ASSOCIATIO 01/30/02 105.00 MW OH AP00178953 005164 CALIFORNIA LIBRARy ASSOCIATIO 01/30/02 105.00 MW OH AP00178954 005442 CALIFORNIA LITERACY INC 01/30/02 59.00 MW OH AP00178955 001223 CALSENSB 01/30/02 899.25 MW OH AP00178956 006107 CALTAC 01/30/02 65.00 ~4W OH AP00178957 006845 C~4AIONI, PATSY 01/30/02 45.00 MW OH AP00178958 006842 CARDON, BEATRICE 01/30/02 36.00 MW OH AP00178959 006853 CELAYA, LANNETTE 01/30/02 36.00 MW OH AP00178960.004349 CLARK, DEBORA/~ 01/30/02 35.26 MW OH AP00178961 006197 CLASSIC STITCHWEAR 01/30/02 1,774.84 MW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CEECK REGISTER Page 3 WED, JAN 30, 2002, 4:43 PM --req: KFINCEER--le~: GL JL--loc: FIND~NCE---job: 73368 #S041 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00178962 006215 CM SCHOOL SUPPLY 01/30/02 118.23 AP00178963 004774 COLE, NINA 01/30/02 14.80 AP00178964 002470 COLTON TRUCK SUPPLY 01/30/02 455.28 MW OH AP00178965 006850 CONOVER, MELISSA 01/30/02 63.00 AP00178966 006874 CONRAD, THERESA 01/30/02 130.00 AP00178967 000633 CONSOLIDATED ELECTRICAL DISTR 01/30/02 311.75 MW OE AP00178968 006846 COWLE, LORENA 01/30/02 88.00 ~5~ OH AP00178969 006857 COX, JACQUIE 01/30/02 5.50 ~ OE AP00178970 VOID.CO~IN~3 Void - Continued Stub 01/30/02 0.00 VM OE Void AP00178971 VOID.CON~INU Void - Continued Stub 01/30/02 0.00 I~4 OH Void AP00178972 000085 CUCD34ONGA CO WATER DIST 01/30/02 17,785.70 MW AP00178973 006852 CUETO, TONYA 01/30/02 36.00 AP00178974 000239 D ~ K CONCRETE COMPLY 01/30/02 242.44 MW AP00178975 006862 DA/~M, BRITON 01/30/02 36.00 ~5~ OH AP00178976 000108 DAN GLq~RRA D-ND ASSOCIATES 01/30/02 50,328.00 MW AP00178977 004366 DEMCO INC 01/30/02 45.44 MW OH AP00178978 090412 DENTAL HEALTE SERVICES 01/30/02 175.75 MW OH AP00178979 000107 DETCO 01/30/02 25.58 MW AP00176980 004544 DICK, ERIC 01/30/02 332.50 MW AP00178981 005809 DIETERICH POST COMPANY 01/30/02 256.46 MW AP00178982 005744 DIRECT 01/30/02 29.39 MW OH AP00178983 003307 DMS LD/qDSCAPE SERVICES 01/30/02 18,176~32 MW AP00178984 005323 DOSS TE~IS COURTS 01/30/02 320.00 MW OH AP00178985 006863 DRbq~MOND ~4ERICA~ CORPORATION 01/30/02 226.53 ~ OH AP00178986 006536 EASTER, PD2~ELA 01/30/02 79.80 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 4 WED, JAN 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FINANCE---job: 73368 #S041 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00178987 006536 EASTER, P~4ELA 01/30/02 45.00 MW OH AP00178988 006864 BDMISON, JOANNE 01/30/02 27.00 MW OH AP00178989 090504 BGGERS, ROBERT 01/30/02 378.00 MW OH AP00178990 006865 BINFALT, KRISTA 01/30/02 41.00 MW OH AP00178991 006866 ELMENDORF, GLADYS 01/30/02 42.00 MW OE AP00178992 005137 EMPIRE MOBILE HOME SERVICE 01/30/02 474.41 MW O~ AP00178993 005137 EMPIRE MOBILE HOM~ SERVICE 01/30/0~ 350.00 MW OH AP00178994 000229 BWING IRRIGATION PRODUCTS 01/30/02 54.46 ~W O~ AP00178995 000123 FEDERAL EXPRESS CORP 01/30/02 174.66 MW OH AP00178996 006867 FERN~2qDEZ, ALICE 01/30/02 65.00 MW OH AP00178997 001670 FICHTNBR, PATRICIA 01/30/02 50.00 MW OH AP00178998 006556 FINESSE PERSOA~NEL ASSOCIATES 01/30/02 10,214.00 MW OH AP00178999 004371 FISHER SCIENTIFIC 01/30/02 790.17 MW OB AP00179000 006868 FOEBLINGER, PATTI 01/30/02 72.00 MW OH AP00179001 006869 FR~NCO, MARIA 01/30/02 200.00 ~4W OH AP00179002 001082 FRANKLIN COVEY CO 01/30/02 7.64 MW OH AP00179003 006232 GADABOUT TOURS INC 01/30/02 100.00 MW OH AP00179004 004540 G~LB GROUP,THE 01/30/02 339.61 MW OH AP00179005 006870 GARY, STELLA 01/30/02 15.00 MW O~ AP00179006 003507 GOVERNING 01/30/02 15.00 MW OH AP00179007 003507 GOVERNING 0~/30/0~ 15.00 MW OH AP00179008 000650 GRAINGER, WW 01/30/02 12.64 MW OH AP00179009 001984 GRIGOLI~ k ND SONS CONST INC 01/30/02 6,821.10 MW OH AP00179010 006871 GRU~BINE, STBPH~NIE 01/30/02 72.00 MW OH AP00179011 004486 GUD~RDIAN 01/30/02 2,854.55 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, J/~N 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FIN~=NCE---job: 73368 #S041 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179012 006084 ~ADDON, DAWN 01/30/02 30.79 MW OH AP00179013 004984 ~3%WTHOR/~E LIFT SYSTEMS 01/30/02 269.21 MW OB AP00179014 006810 BEAGSTEDT, Y~/ETTE 01/30/02 105.00 ~ OH AP00179015 005572 BER/q~/qDEZ, JOSE DE JESUS 01/30/02 85.00 ~ OH AP00179016 004724 HI WAY SAFETY INC 01/30/02 75.00 MW OH AP00179017 001349 HINOJOS, KERI 01/30/02 33.51 MW OH AP00179018 003633 HOMELESS OUTREACH PRGMS ~ E 01/30/02 546.00 MW OH AP00t79019 004172 HOMESAFE INC 01/30/02 500.00 MW OH Payee Name different in Check DB AP00179020 003634 HOUSE OF RUTH 01/30/02 633.00 MW OH AP00179021 000161 HOYT LI/MBER CO, S M 01/30/02 245.55 MW OH AP00179022 006811 HURST, O~3LIE 01/30/02 10.00 MW OB AP00179023 006513 IAPMA 01/30/02 50.00 MW OH AP00179024 006873 IENCMA 01/30/02 76.00 MW OH AP00179025 006813 ILISCUPIDEZ, LORIE 01/30/02 51.00 MW OH AP00179026 006682 INLD/~D FAIR HOUSING D=ND MEDIA 01/30/02 1,600.32 MW OH AP00179027 004747 INLDi~D LIBRARy SYSTEM 01/30/02 1,327.00 ~5~ OH AP00179028 006429 INL~i~D UNIFOR/4S 01/30/02 5,600.00 MW OH AP00179029 002315 INLD/qD WHOLESALE NllRSERY 01/30/02 754.65 MW OH AP00179030 004693 INTER/qATIONAL PRODUCT IN-VESTM 01/30/02 1,000.00 MW OH AR AP00179031 090933 INTERSTATE BATTERIES 01/30/02 117.07 MW OH AP00179032 003452 INTRAVAIA ROCK ~ SA-ND 01/30/02 247.50 ~ OH AP00179033 002507 IN-JENSYS BUILDING SYSTEMS INC 01/30/02 21,026.00 MW OH AP00179034 005616 ISA 01/30/02 10.00 NS~ OB AP00179035 002462 J D C INC 01/30/02 76,266.00 ~ OH AP00179036 001338 JAJ4ESCO 01/30/02 4,422.15 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, JAN 30, 2002, 4:43 PM --req: KFINCHER--leg: GL JL--loc: FIN/~NCE---job: 73368 #S041 ..... prog: CK200 <l.37>--report id: CKREO--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179037 032043 J~/~ECK, LINDA 01/30/02 4.93 MW OH AP00179038 004504 JIMENEZ, YOI~NDA 01/30/02 144.00 MW OH AP00179039 005283 JONES D-ND MAYER, LAW OFFICES 01/30/02 1,250.00 MW OH Payee Name different in Check DB AP00179040 032652 JONES, DOROTHY 01/30/02 36.00 MW OH AP00179041 000179 KAISER FOUNDATION HEALTH PLAN 01/30/02 45,792.04 MW OH AP00179042 006831 KERRIGAN, LYSSA 01/30/02 50.00 MW OH AP00179043 006832 KIL~%NI,SUHA 01/30/02 171.43 MW OH AP00179044 005295 KLAUS AND SONS 01/30/02 305.00 MW OH AP00179045 004217 LADNER COATINGS, INC 01/30/02 1,855.00 MW OH Payee Name different in Check DB AP00179046 002633 I~%M, JACK 01/30/02 35.23 MW OH AP00179047 091207 LARKIN, DAVID W 01/30/02 189.00 MW OH AP00179048 006833 LARSON, LIN~DA 01/30/02 86.00 MW OH AP00179049 000197 LEAGUE OF CALIFORNIA CITIES 01/30/02 180.00 MW OH AP00179050 006834 LEE, GRACE 01/30/02 81.14 MW OH AP00179051 000574 LEWIS, QUELYNN 01/30/02 100.00 MW OH AP00179052 005512 LIBRARY VIDEO COMP~NY 01/30/02 2,282.63 MW OH AP00179053 031959 LIGHTFOOT, DAVID 01/30/02 50.00 MW OH AP00179054 005884 LILBURN CORPORATION 01/30/02 6,160.00 MW OH AP00179055 032534 LOCAL AGENCY FORMATION COMMIS 01/30/02 448.00 MW OH AP00179056 007164 MANELA, ROSA/{IO 01/30/02 23.74 MW OH Payee Name different in Check DB AP00179057 005851 MARKETING SERVICES INTL 01/30/02 104.61 MW OH AP00179058 005207 MARSHALL CAVENDISH CORP 01/30/02 101.95 MW OH Payee Name different in Check DB AP00179059 004727 MARSHALL PLUMBING 01/30/02 1,130.16 MW OH AP00179060 006836 MARSHALL, JA/~IS 01/30/02 46.00 MW OH AP00179061 005267 MCCLUNG, NICHOLE 01/30/02 35.00 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, JAN 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FINANCE---job: 73368 ~S041 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179062 006837 MCDANIEL, ~,AY 01/30/02 60.00 MW OH AP00179063 004458 MCGRAW HILL INC 01/30/02 197.39 MW OH AP00179064 006838 MEP~RICK, LARRY 01/30/02 45.00 MW OH AP00179065 006839 MEYER, DAIM 01/30/02 280.00 MW OH AP00179066 006214 MICROAGE COMPUTERMART 01/30/02 607.38 MW OH AP00179067 005852 MIDWEST TAPE 01/30/02 11.96 MW OH AP00179068 003860 MOBILE MINI INC 01/30/02 432.18 MW OH AP00179069 001020 MOUNTAIN VIEW GLASS AND MIRRO 01/30/02 380.90 MW OH AP00179070 001332 N M A DUES C/O BARBARA WHITE 01/30/02 13.85 ~ OH AP00179071 000744 NATIONAL DEFERRED 01/30/02 23,405~79 MW OH AP00179072 006803 NATIONAL GEOGRAPHIC WOP,~D 01/30/02 17.95 MW OH AP00179073 004527 NIKPOUR, MOR~4MBD 01/30/02 140.00 MW OH AP00179074 000433 NIXON BGLI EQUIPMENT CO 01/30/02 1,339.35 MW OH Payee Name different in Check DB AP00179075 006786 NOR~4AN, CLALrDIA 01/30/02 50.00 MW OH AP00179076 003192 NORTHKIRK PRESBYTERID. N CHURCH 01/30/02 1,151.70 MW OH AP00179077 004853 OCLC INC 01/30/02 18.89 MW OH AP00179078 000523 OFFICE DEPOT 01/30/02 808.64 MW OH AP00179079 005403 OFFICE ~ 01/30/02 26.87 MW OR AP00179080 006859 OLVERA, CARLOS 01/30/02 55.00 MW OH AP00179081 004142 ONTARIO WINNELSON CO 01/30/02 345.08 MW OH AP00179082 006858 OPARC 01/30/02 200.00 MW OH AP00179083 000235 OWEN ELECTRIC 01/30/02 376.79 MW OH AP00179084 000338 PACIFIC EQUIP ~ IRRIGATION 01/30/02 357.52 MW OH AP00179085 004297 P~-NDA DEVELOPMENT 2~ND CONSTRU 01/30/02 5,000.00 MW OH AP00179086 022061 PENINSLU~A LIBRARY SYSTEM 01/30/02 225.00 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, JA~ 30, 2002, 4:43 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 73368 #S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179087 004656 PEREZ, HECTOR 01/30/02 35~00 MW OH AP00179088 006861 PINA, MARGARET 01/30/02 60.00 MW OH AP00179089 007211 PITTENGER, CHRISTINA 01/30/02 43.07 MW OH AP00179090 000791 PMI 01/30/02 2,273.72 MW OH Payee Name different in Check DB AP00179091 005485 POWER, MONICA 01/30/02 48.00 MW OH AP00179092 004401 PRA.)[AIR DISTRIBUTION INC 01/30/02 58.59 MW OH AP00179093 003286 PRINCIPAL LIFE 01/30/02 1,642.20 ~4W OH AP00179094 000345 R D O EQUIPMEN~ CO POWERPLAN 01/30/02 120.36 MW OH AP00179095 005169 RACEWAY FORD 01/30/02 105,774.47 ~ OH AP00179096 005876 RADULESCU, D~tN 01/30/02 70.00 MW OH Payee Name different in Check DB AP00179097 000264 R3~LPHS GROCERY COMPA/~Y 01/30/02 172.09 MW OH AP00179098 004472 REDINGER, TOM 01/30/02 35.00 MW OH AP00179099 006049 Pd~MODELING STORE, THE 01/30/02 60.63 MW OH AP00179100 006814 REYES, MONICA 01/30/02 220.00 MW OH AP00179101 000443 P~{I CONSULTING 01/30/02 960.00 MW OH AP00179102 000276 RIVERSIDE BLUEPRIA~f 01/30/02 208.50 MW OH AP00179103 000418 RMA GROUP 01/30/02 258.00 MW OH Payee Name different in Check DB AP00179104 011971 RO, ROSA 01/30/02 36.00 MW OH AP00179105 003314 ROBINSON FERTILIZER 01/30/02 1,349.95 MW OH AP00179106 006815 ROBINSON, LISA 01/30/02 123.00 MW OH AP00179107 005570 RODRIGI3EZ, OSCAR 01/30/02 60.00 MW OH AP00179108 006816 ROLLENE, S~L~WN 01/30/02 65.00 MW OH AP00179109 006817 RI/DY, KIMBERLY 01/30/02 63.00 MW OH AP00179110 001004 S ~ S WORLDWIDE 01/30/02 972.76 MW OH AP00179111 004047 E AND W PLASTICS 01/30/02 159.18 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I E T E R CHECK REGISTER Page 9 WED, JD2q 30, 2002, 4:43 PM --req: KFINCHER--leg: GL JL--loc: FI~L~NCE---job: 73368 #S041 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Cheek Amount Type Subs Rel To Note AP00179112 006117 S B AND O INC 01/30/02 1,317.72 MW OH AP00179113 001298 SAN BERN COUNTy ASSESSORS OFF 01/30/02 312.00 MW OH AP00179114 000860 SCOTT, CHARLES 01/30/02 102.93 MW OH AP00179115 006818 SERNA, EDITH 01/30/02 50.00 MW OH AP00179116 006875 SHARP, ALVIN 01/30/02 100.00 MW OH AP00179117 006252 SIERRA SPRINGS 01/30/02 132.00 MW OH AP00179118 001327 SMART AND FINAL 01/30/02 250.62 MW OH AP00179119 000317 SO CALIF EDISON CO 01/30/02 1,077.90 MW OH AP00179120 000319 SO CALIF GAS COMPANY 01/30/02 1,668.60 MW OH AP00179121 VOID.CONTINU Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179122 VOID.CONTINU Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179123 VOID.CONTINU Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179124 VOID.CONTINU Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179128 VOID.CONTINqJ Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179126 001432 SOUTHERN CALIFORNIA EDISON 01/30/02 14,968.41 MW OH AP00179127 004176 STATE BOARD OF EQUALIZATION 01/30/02 2,000.00 MW OH AP00179128 001516 STOVER SEED COMPANY 01/30/02 1,405.03 MW OH AP00179129 006819 STRANE, MAXINE 01/30/02 25.00 MW OH AP00179130 004733 SUNRISE FORD 01/30/02 263.38 MW OH AP00179131 005410 T AND D INSTALLATIONS 01/30/02 290.09 MW OH AP00179132 004445 T AND G ROOFING 01/30/02 436.00 MW OH AP00179133 002344 TARGET 01/30/02 1,961.61 MW OH AP00179134 006820 THEIS, MARY 01/30/02 55.00 MW OH AP00179135 002584 TIME WARNER TELECOM 01/30/02 2,598.50 MW OH AP00179136 006821 TISDALE, KIMBERLY 01/30/02 50.00 MW OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 10 WED, JAN 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FINA/~CE---job: 73368 #S041 ..... proD: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179137 006840 TOROSI~, SHSHIN 01/30/02 105.00 ~ OH AP00179138 006822 TORRES, S/~NDRA 01/30/02 40.00 MW OH AP00179139 006841 TUCCI, ~LARIA 01/30/02 55.00 ~ OH AP00179140 005155 U S B~/qK TRUST 01/30/02 141,856.33 MW OH AP00179141 005155 U S BANK TRUST 01/30/02 472,966.13 ~ OH AP00179142 004788 UArDERGROLrb~D SVC ALERT OF SO C 01/30/02 258.75 ~5~ OH AP00179143 003437 LrNIFIRST UNIFOP~M SERVICE 01/30/02 1,910.72 MW OH AP00179144 003214 URISA 01/30/02 132.00 5TW OH AP00179145 006823 VEI~ECO, MARIA 01/30/02 60.00 ~ OH AP00179146 VOID.CONTINq3 Void - Continued Stub 01/30/02 0.00 VM OH Void AP00179147 000137 VERIZON CALIFORNIA 01/30/02 5,126.58 }4W OH Payee Name different in Check DB AP00179148 006661 VERIZON WIRELESS 01/30/02 377.39 ~4 OH AP00179149 006661 VERIZON WIRELESS 01/30/02 803.85 MW OH AP00179150 000441 VL SYSTEMS 01/30/02 11,550.00 MW OH AP00179151 002158 WELLS FARGO B~/~K 01/30/02 243,887.30 MW OH AP00179152 006824 WEST, TINA 01/30/02 35.00 MW OH AP00179153 006825 WILSON, CARRI 01/30/02 12.00 MW OH AP00179154 001940 WORLDCOM 01/30/02 526.13 MW OH AP00179155 000509 XEROX CORPORATION 01/30/02 21,128.41 ~ OH AP00179156 006827 YANES, ~52qUEL 01/30/02 48.00 MW OH AP00179157 004624 YEE, LARRY 01/30/02 15.00 MW OH AP00179158 006826 ZL~NIGA, VALERIE 01/30/02 345.98 ~W OH CITY OF RC IFAS (PROD) 01/30/02 C H E C K R E G I S T E R CHECK REGISTER Page 11 WED, JAN 30, 2002, 4:43 PM --req: KFINCHER--le~: GL JL--loc: FINAi~CE---job: 73368 #S041 ..... pro~: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note GRAND TOTALS: Total Void Machine Written 0.00 Number of Checks Processed: 9 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 1413,531.38 Number of Checks Processed: 238 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled Checks 0.00 Number of Checks Processed: 0 G R A N D T O T A L 1413,531.38 CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 1 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--le~: GL JL--loc: FINANCE---job: 74394 #S052 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~J~ount Type Subs Rel To Note AP00179200 006451 A ~/gD A AUTOMOTIVE 02/06/02 100.00 MW OH Payee Name different in Check DB AP00179201 004635 A ~ K 30 MIN PHOTO ~ INC 02/06/02 39.78 MW OH Payee Name different in Check DB AP00179202 000010 A /~gD R TIRE SERVICE 02/06/02 1,546.65 MW OH AP00179203 000552 A JONTUE, ROSF2~qN 02/06/02 3,431.10 Fl4 OH AP00179204 000001 /%~ EQUIPMENT RENTALS CO INC 02/06/02 9,163.82 }~W OH AP00179205 003070 ABSOLUTE ASP~L~LT INC 02/06/02 474.10 ~5~ OH AP00179206 006901 ACCENT TILE INC 02/06/02 200.00 ~4W OH AP00179207 000013 ACTION BUSINESS M3~CHINES 02/06/02 68.00 MW OH AP00179208 006309 ~SON, RON/LLD 02/06/02 2,144.00 ~5~ OH AP00179209 001098 AG ENGINEERING INC 02/06/02 1,260.83 MW OH AP00179210 005509 AIR CON~EROLLED ENVIRONMENTS 02/06/02 1,229.86 ~ OH AP00179211 005509 AIR CON~ROLLED ENVIRONMENTS 02/06/02 1,014.68 MW OH AP00179212 005509 AIR CONTROLLED ENVIRONMENTS 02/06/02 1,915.48 ~ OH AP00179213 006904 ALAS, EDG~ 02/06/02 100.00 ~K~ OH AP00179214 004966 ALEXETER TECHNOLOGIES LLC 02/06/02 - 4,960.00 ~4W OH AP00179215 003448 ALL WELDING 02/06/02 5,055.19 MW OH AP00179216 000973 ALP}{AGP~APHICS 02/06/02 293.08 MW OH AP00179217 005409 ~24ERICA/~ PLb74BING PARTSNL~STER 02/06/02 28.77 MW OH Payee Name different in Check DB AP00179218 001460 AMETHYST ESTATES LLC 02/06/02 569.44 MW OH Payee Name different in Check DB AP00179219 005206 ;%MS INC 02/06/02 4,064.38 MW OH AP00179220 006902 ~/gTONI, CAROL 02/06/02 18.00 MW OH AP00179221 001823 ~CH WIRELESS 02/06/02 1,357.94 MW OH Payee Name different in Check DB AP00179222 002341 A~RCHIBD~LD FLOWERS 02/06/02 269.38 MW OH AP00179223 VOID.CONTINq3 Void - Continued Stub 02/06/02 0.00 VM OH Void AP00179224 006115 AUFBAU CORPORATION 02/06/02 83,348.78 MW OH CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 2 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--le~: GL JL--loc: FINANCE---job: 74394 #S052 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~/~ount Type Subs Rel To Note AP00179225 004102 B ~2qD K ELECTRIC WHOLESALE 02/06/02 575.26 MW AP00179226 004475 BARNES AND NOBLE 02/06/02 774.37 MW AP00179227 000555 BENEFIELD, KINGSLEY 02/06/02 96.00 MW AP00179228 005119 BENSON, MAURY 02/06/02 520.00 MW AP00179229 004441 BEST BUY CO INC 02/06/02 118~21 MW AP00179230 006602 BODY SHOTS 02/06/02 616.00 MW OH AP00179231 001746 BOISE CASCADE OFFICE PRODUCTS 02/06/02 1,643.63 MW AP00179232 004699 BORDNER, MARGIE 02/06/02 355.20 MW OH AP00179233 001166 BRUNSWICK DEER CREEK LA/qES 02/06/02 463.20 MW OH AP00179234 005746 BUSINESS SPECIALTIES 02/06/02 7,897.50 MW OH AP00179235 001911 CA3~IFOR/gIA MUNICIPAL STATISTI 02/06/02 400.00 MW AP00179236 001223 CALSENSE 02/06/02 2,360.21 MW OH AP00179237 005439 CARTER CONSTRUCTION 02/06/02 3,800.00 MW OH AP00179238 000068 CENTRAL CITIES SIGNS INC 02/06/02 86.20 MW OH AP00179239 006227 CERTIFIED TOWING 02/06/02 250.00 MW OH AP00179240 001061 C~LAMPION AWARDS ~ SPECIALIE 02/06/02 108.58 MW OH AP00179241 003140 CIVIC SOLUTIONS 02/06/02 14,807.00 MW OH AP00179242 000949 CL~RK, KAREN 02/06/02 362.50 MW OH AP00179243 004537 CLASS SOFTWARE SOLUTIONS 02/06/02 5,557.00 MW OH AP00179244 006215 CM SCHOOL SUPPLY 02/06/02 722.68 MW AP00179245 006548 COASTLINE COVER COMPANY 02/06/02 129.30 MW OH AP00179246 005407 COMBINED MARTIAL SCIENCE 02/06/02 2,030.40 MW OH AP00179247 000130 COMPUTER SERVICE CO 02/06/02 7,966.93 MW OH AP00179248 006709 COPP CRUSHING, DDdq 02/06/02 120.00 MW OH AP00179249 021567 CPRS DISTRICT XI 02/06/02 45.00 MW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK ~GISTER Page 3 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--leg: GL JL--loe: FINANCE---job: 74394 #S052 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check A/nount Type Subs Rel To Note AP00179250 001409 CPSRPTC 02/06/02 614.00 MW OH AP00179251 021788 CROA CO ~L~RLENE A~RONA 02/06/02 15.00 MW OH AP00179252 000085 CUC~4ONGA CO WATER DIST 02/06/02 1,511.54 MW OH AP00179253 005596 CUC~J4ONGA CONSTRUCTION CONSUL 02/06/02 2,450.00 MW OH AP00179254 006903 CUArNINGH~24, P~ENEE 02/06/02 31.25 MW OH AP00179255 000604 CYBERCOM RESOLq{CES INC 02/06/02 1,960.00 ~ OH AP00179256 000239 D ~ K CONCRETE COMPD/qY 02/06/02 2,545.44 MW OH AP00179257 004488 DAGHDEVIRID/~, ~3%THY 02/06/02 518.40 MW OH AP00179258 005063 DE LA MORA, 95%RIO 02/06/02 35.00 ~ OH Payee Name different in Check DB AP00179259 006276 DEMPSTER, KERI 02/06/02 168.00 MW AP00179260 000107 DETCO 02/06/02 16.16 MW OH AP00179261 006896 DEWI, SUSA/qTI 02/06/02 47.00 MW OH AP00179262 000839 DIETBRICH INTERNATIONAL TRUCK 02/06/02 236.35 MW OH AP00179263 006906 DODT, HEATHER 02/06/02 60.00 MW OH AP00179264 005788 DUFFY, RICK 02/06/02 308.00 MW OH Payee Name different in Check DB AP00179265 000527 DYD/q INC, DIANE 02/06/02 738.00 ~ OH AP00179266 003364 EIGHTH AVENUE GNAPHICS 02/06/02 2,202.12 MW OH AP00179267 003902 E~INGER, ~L~Ry 02/06/02 45.00 MW OH AP00179268 005137 EMPIP~E MOBILE HOME SERVICE 02/06/02 492.23 MW OH AP00179269 004914 EXCLUSIVE EMAGES 02/06/02 28.02 MW ON AP00179270 005917 FASTENAL COMPANY 02/06/02 139.91 ~4W OH AP00179271 000123 FEDEPJ~L EXPRESS CORP 02/06/02 142.35 MW OH AP00179272 006556 FINESSE PERSON~NEL ASSOCIATES 02/06/02 4,350.30 ~ OH AP00179273 003088 FIRST STOP MOTORSPORTS INC 02/06/02 749.23 MW OH AP00179274 004371 FISHER SCIENTIFIC 02/06/02 157.70 MW OH CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK R~GISTER Page 4 WED, FEB 06, 2002, 4:45 PM --req: CGONZA~E--le~: GL JL--loc: FIN~NCE---job: 74394 #S052 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179275 004879 FLEET GLASS 02/06/02 419.42 MW OH AP00179276 001082 FRANKLIN COVEY CO 02/06/02 75.23 MW OH AP00179277 005502 GIORDANO, MARIANNA 02/06/02 111.80 MW OH AP00179278 006127 HANGER 18 02/06/02 176.00 MW ' OH AP00179279 003334 HEILIG, KELLY 02/06/02 846.75 MW OH AP00179280 006914 HIGHLAND, D~CY 02/06/02 82.50 MW OH AP00179281 004845 HILLSIDE COMMtrNITY CHURCH 02/06/02 1,000.00 MW OH AP00179282 000158 HOLLIDAY ROCK CO INC 02/06/02 592.72 MW OH AP00179283 004852 HOPKINS, LORI 02/06/02 600.00 MW OH AP00179284 001234 HOSE ~ INC 02/06/02 79.84 MW OH AP00179285 002412 HOYT, RAYMOND 02/06/02 739.20 MW OH AP00179286 003405 HSU, STEVE 02/06/02 450.00 MW OH AP00179287 006888 HUCKINS, MD~X 02/06/02 36.00 MW OH AP00179288 000449 HURST, MELISSA 02/06/02 3,594.00 MW OH AP00179289 003276 ICI DULUX PAINT CENTERS 02/06/02 552.01 ~ OH AP00179290 006202 INLA/gD VALLEY DANCE ACADEMY 02/06/02 994.00 MW OH AP00179291 002315 INLAND WHOLESALE NURSERY 02/06/02 175.09 MW OH AP00179292 003452 INTRAVAIA ROCK D~krD SAiqD 02/06/02 240.00 MW OH AP00179293 002507 INVENSYS BUILDING SYSTEMS INC 02/06/02 10,513.00 MW OH AP00179294 000658 JAWOROWSKI, SANDRA 02/06/02 34.31 ~W OH AP00179295 006889 JOHNSON, J~ET 02/06/02 50.00 MW OH AP00179296 006559 JONES, JA~4ES 02/06/02 300.00 MW OH AP00179297 001024 KOCH MATERIALS COMPLY 02/06/02 102.45 MW OH AP00179298 004982 KOP~ANDA CONSTRUCTION 02/06/02 1,789.30 MW OH AP00179299 000172 KOZLOVICE, DEBBIE 02/06/02 1,884.60 MW OH CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 5 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--le~: GL JL--loc: FIN/LNCE---job: 74394 #E052 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check A~ount Type Subs Rel To Note AP00179300 002633 L~M, JACK 02/06/02 100.00 MW OH AP00179301 000941 I~%M, KIN 02/06/02 200.00 ~ OH AP00179302 003994 LAS ROSAS 02/06/02 428.70 MW OH AP00179303 002358 LEAGUE OF CALIF CITIES 02/06/02 22,826.00 MW OH AP00179304 000197 LEAGUE OF CD~LIFORNIA CITIES 02/06/02 85.50 MW OH AP00179305 005512 LIBRARY VIDEO COMPANY 02/06/02 26.95 MW OH AP00179306 006296 LIVE OAK DOG OBEDIENCE 02/06/02 422.40 MW OH AP00179307 006890 LIVINGSTON, H~THER 02/06/02 53.00 MW OH AP00179308 091201 LN CURTIS ~ SONS 02/06/02 44,827.50 MW OH AP00179309 001455 LONGS DRUGS 02/06/02 60.59 MW OH AP00179310 005662 LOS A~NGELES COCA COLA BTL CO 02/06/02 327.08 MW OH AP00179311 001008 LOWE'S COMPANIES INC. 02/06/02 1,257.88 MW OH AP00179312 000471 LUPER, VIOLA LUCERO 02/06/02 168.00 MW OH Payee Name different in Check DB AP00179313 003156 LUS LIGHTHOUSE INC 02/06/02 14.55 MW OH AP00179314 006553 MAGRUDER, KAREN 02/06/02 172.80 MW OH AP00179315 006891 ~MO~-D, MO~L~MED 02/06/02 100.00 MW OH AP00179316 006546 Ni~/TNINO, JOE 02/06/02 100.00 MW OH AP00179317 000549 MARIPOSA RORTICULTLq~AL ENT IN 02/06/02 58,547.82 MW OH AP00179318 005851 MARKETING SERVICES INTL 02/06/02 10.34 MW OH AP00179319 004701 MARSHALL, SYLVIA 02/06/02 749.25 MW OH AP00179320 006892 MARTINEZ, LEOND~DO 02/06/02 200.00 MW OH AP00179321 003842 MCSI 02/06/02 9,497.13 MW OH AP00179322 002198 MICHAELS STORES INC 3019 02/06/02 220.24 MW OH AP00179323 005852 MIDWEST TAPE 02/06/02 79.99 MW OH AP00179324 000940 MIGHTY MOVERS TRAILERS INC 02/06/02 102.36 MW OH CITY OF RC IFAE (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, FEB 06, 2002, 4:45 PM --req: CGON~LE--leg: GL JL--loc: FIN~LNCE---job: 74394 #S052 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179325 006913 MILLER, COURTNEY 02/06/02 553.50 MW OH AP00179326 003363 MILLS, CAREY 02/06/02 315.00 MW OH AP00179327 003365 MOS, JOHN 02/06/02 66.00 MW OH AP00179328 006893 MONTOYA, JOSE 02/06/02 55.00 MW OH AP00179329 000842 MOUNTAIN VIEW SMALL ENG REPAI 02/06/02 408.37 MW OH AP00179330 005269 MULBERRY EARLy LEARNING 02/06/02 300.00 MW OH AP00179331 002248 NAPA AUTO P~TS 02/06/02 1,649.39 MW OH AP00179332 002837 NATIONAL CONSTRUCTION RENTALS 02/06/02 233.60 MW OH Payee Name different in Check DB AP00179333 003324 NATIONAL LEAGUE OF CITIES 02/06/02 7,645.00 MW OH AP00179334 006687 NATIONS RENT 02/06/02 59.27 MW OH AP00179335 004460 NEWPORT PRINTING SYSTEMS 02/06/02 585.89 MW OH AP00179336 004527 NIKPOUR, MO~L~MMED 02/06/02 170.00 MW OH AP00179337 006646 NJUGUNA, S/~MMy 02/06/02 170.00 MW OH AP00179338 000523 OFFICE DEPOT 02/06/02 913.75 MW OR AP00179339 000232 OMNITRANS 02/06/02 355.00 MW OH AP00179340 003964 ONTARIO ICE SKATING CENTER 02/06/02 403.20 MW OH AP00179341 006722 OPEN APPS 02/06/02 1,497.92 MW OH AP00179342 080087 OP,~NGE COAST TITLE CO 02/06/02 118.44 MW OH AP00179343 000224 OP3~NGE COUNTy STRIPING SERVIC 02/06/02 10,041.00 MW OH AP00179344 032259 OUR L~D¥ OF MT CARMEL 02/06/02 200.00 MW OH AP00179345 000235 OWEN ELECTRIC 02/06/02 375.20 MW OH AP00179346 000338 PACIFIC EQUIP A-ND IRRIGATION 02/06/02 261.39 MW OH AP00179347 006907 PANE, P~34ELA 02/06/02 43.40 MW OH AP00179348 005318 PARKER, S~NNON 02/06/02 240.00 MW OH AP00179349 006908 PERFOPJ~ANCE INSTITUTE, THE 02/06/02 695.00 MW OH CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--leg: GL JL--loc: FIN~i~CE---job: 74394 #S052 ..... pro~: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Ddnount Type Subs Rel To Note AP00179350 004267 PETES ROAD SERVICE INC 02/06/02 173.76 F~ OH Payee Name different in Check DB AP00179351 002987 PHOENIX GROUP INFORMATION SYS 02/06/02 1,043.40 ~ OH AP00179352 000255 POMA DISTRIBUTING CO 02/06/02 9,655.35 ~ ON AP00179353 001049 POMONA VALLEY KAWASAKI 02/06/02 2,455.68 F~4 OH AP00179354 006910 POP WARigER, R3%NCHO CUCAJ4ONGA 02/06/02 300.00 ~ OH AP00179355 005776 PORAC 02/06/02 280.00 MW OH AP00179356 006911 POU, EILEEN 02/06/02 255.00 ~FW OH AP00179357 005316 PRECISION GY~SgASTICS 02/06/02 181.50 MW OH AP00179358 006399 PREMIER PERSONNEL 02/06/02 1,308.69 ~4W OH AP00179359 002533 PRENTICE ~3~LL 02/06/02 84.13 MW OH AP00179360 091636 PRINCIPAL LIFE 02/06/02 81,196.78 MW OH AP00179361 005264 PROACTIVE EMPLOYMENT SOLUTION 02/06/02 1,947.75 MW OR AP00179362 000065 PRUDENTIAL OVERALL SUPPLY 02/06/02 14.00 ~5g OH AP00179363 001518 QUAKES CO~JNITY FOUNDATION 02/06/02 140.00 ~ OH AP00179364 005899 QUALITY ONE ENGRAVING 02/06/02 49.45 9FW OH AP00179365 003813 R C PHOTOGRAPHY ~ ASSOCIATE 02/06/02 37.71 ~ OH AP00179366 002705 R H F INC 02/06/02 296.72 ~ OH AP00179367 000264 RA/LPHS GROCERY COMP/~gY 02/06/02 33.77 ~ OH AP00179368 000070 PJ~NCHO CUCAMONGA CH3%MBER OF C 02/06/02 240.00 ~ OH Payee Name different in Cheek DB AP00179369 000070 RANCHO CUCA~4ONGA C~Sd~BER OF C 02/06/02 800.00 ~ OH Payee Name different in Check DB AP00179370 012539 RANCHO CUCAMONGA CITIZEN PATR 02/06/02 80.78 MW OH AP00179371 004130 RBM LOCK /L~D KEY SERVICE 02/06/02 18.86 MW OH AP00179372 000545 RED WING SHOE STORE 02/06/02 417.32 MW OH AP00179373 000545 RED WING SHOE STORE 02/06/02 541.00 ~TW OH AP00179374 000545 RED WING SHOE STORE 02/06/02 150.00 9Kg OH CITY OF RC IFAS (PROD) 02/06/02 C E E C K R E G I S T E R CEECK REGISTER Page 8 WED, FEB 06, 2002, 4:45 PM --req: CGONZ~J~E--leg: GL JL--loc: FINANCE---job: 74394 #E052 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179375 004472 REDINGER, TOM 02/06/02 35.00 MW ON AP00179376 006292 REINEARDT, RITA 02/06/02 380.00 MW OH AP00179377 012049 RESOURCE ONE 02/06/02 43.85 MW OH AP00179378 012529 RIC~IARDSON, ~%TRINA 02/06/02 59.01 ~W OR AP00179379 000626 ROBLES ER, RAUL P 02/06/02 55.00 MW OH AP00179380 003369 RODRIGUEZ, ALICA 02/06/02 43.41 MW OR AP00179381 006898 RUIZE, DAVID 02/06/02 55.00 MW OH AP00179382 006171 S AAID K ENGINEERS 02/06/02 245.00 MW OH AP00179383 001004 S ~ S WORLDWIDE 02/06/02 1,669.41 MW OH AP00179384 005538 S~ D2qTONIO MATERID~LS 02/06/02 162.65 MW OH AP00179385 000261 SAN BERN CO~/~V~Y 02/06/02 1,248.91 MW OH AP00179386 001089 S~N BERNARDINO, CITY OF 02/06/02 2,100.00 MW OH AP00179387 000132 SAN DIEGO ROTARY BROOM CO INC 02/06/02 3,147.60 MW OH AP00179388 003896 SENEC~L~L, CAL 02/06/02 342.00 MW OH AP00179389 006897 SILVA, VICTOR 02/06/02 100.00 MW OH AP00179390 006909 SILVER LEGACY RESORT ~ CASI 02/06/02 625.00 MW OH AP00179391 006900 SLUKA, SUSAN 02/06/02 70.26 MW OR AP00179392 001327 SMART ~ FINAL 02/06/02 606.78 MW OH AP00179393 000317 SO CA3~IF EDISON CO 02/06/02 5,000.00 MW OH AP00179394 006894 SOTO, NEMESIO 02/06/02 200.00 MW OH AP00179395 VOID.CONTINq3 Void - Continued Stub 02/06/02 0.00 VM OH Void AP00179396 VOID.CONTINU Void - Continued Stub 02/06/02 0.00 VM OH Void AP00179397 001432 SOUTHER/q CALIFORNIA EDISON 02/06/02 87,529.83 MW OH AP00179398 011792 ST~NDD~RD PACIFIC 02/06/02 723.04 MW OH AP00179399 005144 STATE NET 02/06/02 275.00 MW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CHECK REGISTER Page 9 WED, FEB 06, 2002, 4:45 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 74394 #S052 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check A~ount Type Subs Rel To Note AP00179400 003597 STATE OF CALIFORNIA 02/06/02 47,946.97 MW OH AP00179401 003632 STEELWORKERS OLDTIMERS FOUNDA 02/06/02 1,251.95 MW OH AP00179402 004132 STERLING COFFEE SERVICE 02/06/02 102.61 MW OH AP00179403 004733 S~NRISE FORD 02/06/02 82.43 MW OH AP00179404 004465 TANGRAM INTERIORS 02/06/02 1,379.01 MW OH AP00179405 003735 TANNER, O C 02/06/02 406.11 MW OH AP00179406 004569 TEES PLUS 02/06/02 1,526.46 MW OH AP00179407 003942 TERMINIX INTERNATIONAL 02/06/02 972.00 MW OE AP00179408 002718 TERRY, DONNA 02/06/02 415.80 MW OH AP00179409 007266 TBOMAS, JOHN 02/06/02 250.00 MW OH AP00179410 006899 TOLLIVER, MICHAEL 02/06/02 110.00 MW OH AP00179411 003388 TRUGREEN LA~DCAP~ REGIONAL 02/06/02 675.00 MW OH AP00179412 006554 TURCH ~ ASSOCIATES, DAVID 02/06/02 4,000.00 MW OH AP00179413 003912 UNIQI/E CREATIONS 02/06/02 170.82 MW AP00179414 001226 UNITED PARCEL SERVICE 02/06/02 145.55 MW AP00179415 004606 UPIJ~TD TENNIS CLUB 02/06/02 475.20 ~4W OH AP00179416 006571 URBAN CROSSRO~DS INC 02/06/02 2,527.50 MW AP00179417 VOID.CONTINU Void - Continued Stub 02/06/02 0.00 VM OH Void AP00179418 000137 VERIZON CALIFORNIA 02/06/02 5,887.68 MW OH Payee Name different in Check DB AP00179419 000137 VERIZON CJ%LIFORNIA 02/06/02 1,650.00 MW OH Payee Name different in Check DB AP00179420 006661 VERIZON WIRELESS 02/06/02 54.49 MW OH AP00179421 006895 VISLAY, MARY 02/06/02 50.00 MW OH AP00179422 001103 VISTA PAI~ 02/06/02 618.69 MW OH AP00179423 001675 WALSH, TIM 02/06/02 960.00 MW OH AP00179424 006912 WATSON, TINA 02/06/02 57.10 MW OH CITY OF RC IFAS (PROD) 02/06/02 C H E C K R E G I S T E R CRECK REGISTER Page 10 WED, FEB 06, 2002, 4:45 PM --req: CGONZ~LE--leg: GL JL--loc: FIN/~NCE---job: 74394 #S052 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179425 000213 WA~XIE 02/06/02 2,169.45 MW OH AP00179426 005222 WHITE CAP 02/06/02 196.43 MW OH AP00179427 003080 WHITTIER FERTILIZER 02/06/02 302.08 MW OR AP00179428 001940 WORLDCOM 02/06/02 69.22 MW OH AP00179429 000509 XEROX CORPORATION 02/06/02 2,240.88 MW OH AP00179430 004697 Y~NEZ, PAOLA 02/06/02 45.00 MW OH AP00179431 004624 YEE, LARRY 02/06/02 51.00 MW OH AP00179432 004773 ZJ~ILO, ROBERT 02/06/02 302.40 MW OR AP00179433 000371 ZEE MEDICAL EERVICE 02/06/02 44.83 MW OH GRAND TOTALS: Total Void Machine Written 0.00 Nu~%ber of Checks Processed: 4 Total Void Hand Written 0.00 Number of Checks Processed: 0 Total Machine Written 670,925.28 Number of Checks Processed: 230 Total Hand Written 0.00 Number of Checks Processed: 0 Total Reversals 0.00 Number of Checks Processed: 0 Total Cancelled Checks 0.00 Number of Checks Processed: 0 O R A N D T O T A L 670,925.28 Ci[y of Rancho Cucamonga City of Rancho Cucamonga Portfolio Management Portfolio Summary January 31, 2002 Par Market Book % of Days to Y'rM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv. Local Agenc? Investment Funds 29,163.823.79 29,163,823.79 29,163,823.79 21.02 I I 3.026 3,068 Certificates of Deposit/Neg, - Bank 1,515,000.00 1,515,925.36 1,515,000.00 1.09 180 116 1.950 1.977 Federal Agency Issues - Coupon 108,100,000.00 109,944,088.83 108,040,868.75 77.88 1,646 1,194 5.578 5.656 Investments 138,778,823.79 140,623,837.98 '138,7'19,692.54 '100.00% '1,284 932 5.002 5.072 Cash Passbook/Checking 1,961,180.13 1,961,180.13 1,961,180.13 I I 1.973 2.000 (not included in y~eld calculations) Total Cash and Investments '140,740,003.92 142,585,0'18.11 '140,680,872.67 '1,284 932 5.002 5.072 Total Earnings January 31 Month Ending Fiscal Year To Date Current Year 597,450.17 4,220,027.21 Average Daity Balance 139,697,324.24 '133,678,585.38 Effective Rate of Return 5.04% 5.36% I certify ~hat this report accurately reflects all City pooled investments and is in comformity with the investment policy adopted November 21, 2001. A copy of the investment policy is available in the Administrative Services Depadment. The Investment Program herein shown provides suffident cash flow liquidity to meet the next six months estimated expenditures. The month-end market values were obtained from (IDC)-Interactive Data Corporation pdcing service. The attached Summary of Cash and Investments with Fiscal Agents as of the prior month's end is provided under the City official Investment Policy. The provisions of the individual bond documents govem the management of these funds. e'~. Fr~r Portfolio CITY CP Run Date: 02/11 f2002 o 15:05 PM (PRF_PM1) SyrnRept VS.02f City of Rancho Cucamonga Portfolio Management Page 2 Portfolio Details - Investments January 31, 2002 Average Purchase Stated YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate Moody's 360 Maturity Date Local Agency Investment Funds 00005 LOCAL AGENCY INVST FUND 29,163,823.79 29,163,823.79 29,163,823.79 3.068 3.026 1 Subtotal and Average 26,403,422.03 29,163,823.79 29,163,823.79 29,163,823,79 3.026 1 CerUflcates of DeposifJNeg. - Bank 06050EB38 1116 BANK OF AMERICA 11/29/2001 1,5t5,000.00 1,515,925.36 1,515,0(X).00 1.950 1.950 116 05/28/2002 Subtntal and Average t,515,000.00 1,515,800.00 t,5t5,925.36 1,515,000,00 t.950 116 Federal Agency Issues - Coupon 31331RAA3 00988 FEDERAL FARM CREDIT BANK 03/2711997 2,000.000.00 2,014,505.92 2.000,000.00 6.620 6.529 54 03/27/2002 31331RDX0 00996 FEDERAL FARM CREDIT BANK 07/17/1997 2,000,000.00 2,039,313.96 1,999.375.00 6.240 6.162 166 07/17/2002 3133IRMA0 01004 FEDERAL FARM CREDIT BANK 01/0W1998 2.000,000.00 2,073,215.94 2,000,000.00 6.220 6.135 339 01/06/2003 31331H6E2 t075 FEDERAL FARM CREDIT BANK 01/24/2001 2,000,000.00 2,066,875,00 2,000,000.00 5.730 5.652 1,088 01/24/2005 31331LHD3 1100 FEDERAL FARM CREDIT BANK 05/24/2001 2,000,000.00 2.020,625.00 1,991,250.00 5.600 5.624 1,564 05/15/2006 31331LKE7 1107 FEDERAL FARM CREDIT BANK 06/14/2001 3.000,000.00 3,040,312.50 2,997,000.00 5.5~0 5.512 1,229 05/14/2005 31331LMP0 1109 FEDERAL FARM CREDIT BANK 0711812001 2,090,000.00 2,034,375.00 1,997,812.50 5.750 5.696 1,628 07118/2006 31331LSG4 1112 FEDERAL FARM CREDIT BAN K 10/29/2001 5,000,000.00 4,984,375.00 5,000,000.00 4.125 4.068 t,183 0412912005 31331LTQ1 1115 FEDERAL FARM CREDIT BANK 11/25/2001 4.000,000.00 4,006,250.00 4,000,000.00 4.750 4.685 1,396 11/28/2005 3133M2US4 01003 FEDERAL HOME LOAN BANK 01/06/1998 1,000,000.00 1,037,187.50 1,000,000.00 6.230 6.145 339 01/06/2003 3133M6NE4 01035 FEDERAL HOME LOAN BANK 12/08/1998 2,000,000.00 2.076,250.00 2.000,000,00 5.530 5.454 675 12/08/2003 3133M75D4 01038 FEDERAL HOME LOAN BANK 01/21/1999 1,000,000.00 1,038,125.00 1,0CO,000.00 5.510 5.435 719 01/21/2004 3133M86L3 01043 FEDERAL HOME LOAN BANK 03~23/1999 3,000,000.00 3,072,187.50 3,000,000.00 5.755 5.676 234 09/23/2002 3133M94J8 01050 FEDERAL HOME LOAN BANK 06/171t999 3,000,000.00 3,168,750.00 2,984,531.25 6.230 6.265 867 06/17/2004 31~3M96K3 010.53 FEDERAL HOME LOAN BANK 06/25/1~99 2,000,000.00 2,036,875.00 1,996,875.00 6.480 6.428 878 05/28/2004 3133MARK7 1059 FEDERAL HOME LOAN BANK 02/25/2000 2,000,000.00 2,006,875.00 1,999,687.50 7.000 6.910 389 02/25/2003 3133MRHV2 1062 FEDERAL HOME LOAN BANK 05/25/2000 2,000,000.00 2,034,375.00 1,994,375.00 7.890 7.850 1,200 05/16/2005 3133MCX34 1076 FEDERAL HOME LOAN BANK 01124/2001 3,000,000.00 3,101,250.00 2,997,187.50 5.760 5.707 1,088 01/24/2005 3133MFBP2 t 103 FEDERAL HOME LOAN BANK 05/30/2(X31 2,000.000.00 2.066.875.00 1,999,062.50 5.800 5.731 1,579 05/30/2006 3133MF7E2 1105 FEDERAL HOME LOAN BANK 06/06/2001 2,000,000.00 2,066,250.00 2,000,000.00 5.750 5.671 1,586 05/0612006 3133MGBV7 1110 FEDERAL HOME LOAN BANK 07/24/2001 2,000,000.00 2,036,250.00 1,999,375.00 5.800 5.728 1,634 07/24/2006 3133MJL81 1114 FEDERAL HOME LOAN BANK 11/20/2001 3,100.000.00 3,097,093.75 3,098,450.00 4.250 4.207 1,204 05/20/2005 3133MKU88 1117 FEDERAL HOME LOAN BANK 01/15/2002 2,000.000.00 2,012,500.00 2.000.000.00 5.000 4.932 1,260 07/15/2005 312923GH2 1078 FEDERAL HOME LOAN MORTO. CORP. 02/14/2001 2,000.000.00 2,002,677.92 2,000,O00.00 6.000 5.918 1,474 02/14/2006 312923MQ5 1081 FEDERAL HOME LOAN MORTG. CORP. 05/20/2001 1,000,000.00 1,025,533.91 1,000,000.00 5.625 5.548 1.508 05/20/2006 312923MJ1 1082 FEDERAL HOME LOAN MORTG. CORP. 03/21/2001 4,000,000.00 4,0t5,844.00 4,000,000.00 5.700 5.622 1,50g 05/21/2006 312923SM8 1086 FEDERAL HOME LOAN MORTG. CORP. 04/1012001 4,000,000.00 4,094.171.75 4,000,000.00 5.510 5,435 1,529 04/10/2006 312923ZB4 1096 FEDERAL HOME LOAN MORTG. CORP. 05/08/2001 6,000,000.00 6,113,381.65 6.000,000.00 5.520 5.444 1,557 05/08/2006 (~ Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Pa0, 3 Portfolio Details - Investments January 31, 2002 Average Purchase Stated Y'i'M Days to Maturity CUSIP Investment # Issuer Balance Date Par Value MaCcat Value Book Value Rate Moody's 360 Maturity Date Federal Agency Issues - Coupon 312923ZY4 1098 FEDERAL HOME LOAN MORTG. CORP. 05/09/2001 5,000,000.00 5,045,559,69 5.000.000.00 5.700 5,622 1,558 05/09/2006 312924SH7 1113 FEDERAL HOME LOAN MORTG CORP. 11/14/2001 3,000.00~.00 2,950,322.57 2,997,187.50 4.150 4.118 1,382 11/14/2006 31364FG96 01018 FEDERAL NATL MTG ASSN 05/19/1998 2,000,000.00 2,086,967.77 2,000,0C~.00 6.125 6.041 472 05/1912003 31364KPT1 1065 FEDERAL NATL MTG ASSN 06/06/2000 3,000.000.00 3,061,875.00 3,000,000.00 7.875 7.767 1,221 06/06/2005 31364KR36 1077 FEDERAL NATL MTG ASSN 02/05/2001 4,000,000.00 4,075,000.00 3,999.375.00 5.625 5.553 916 08/05/2004 31359MGV9 1079 FEDERAL NATL MTG ASSN 03/05/2001 3,000.000.00 3,002,812.50 3,000,000.00 5.450 5.374 741 02/12/2004 3136FOAL6 1085 FEDERAL NATL MTG ASSN 04/0412001 4,000,000.00 4,093,750.00 3,994,375.00 5.300 5.259 1,517 03/29/2006 3136FODW9 108~ FEDERAL NATL MTG ASSN 04/11/2001 2,000,000.00 2.014.375.00 2,000,000.00 5.650 5.573 1,530 04/11/2006 3136FOEV0 1091 FEDERAL NATL MTG ASSN 04/24/200t 2,000,000.00 2,016,250.00 1,999,200.00 5.750 5.680 1,536 04/1712006 3136FOEW8 1092 FEDERAL NATL MTG ASSN 04/24/2001 3,000,000.00 3,084,375.00 2,997,000.00 5.510 5.457 1,536 04117/2006 3136FOLU4 110t FEDERAL NATL MTG ASSN 05/24/2001 2,000,000.00 2,073,125.00 2,000,000.00 5.710 5.632 1,573 05/24/2006 3136FORV6 1108 FEDERAL NATL MTG ASSN 07/18/2001 2,000,000.00 2,032,500.CO 1,998.750.00 5.750 5.685 1,615 07/05/2006 3136FIFF2 1118 FEDERAL NATL MTG ASSN 01/23/2002 2,000.000.00 2,021,875.00 2,000,000.00 5.000 4.932 1.452 01/23/2006 Subtotal and Average 105,718~88.10 108,100,000.00 109,944,088.83 168,040,868.75 5.578 t,194 Treasury Securities - Coupon Subtotal and Average 1,931,852.42 Total Investments and Average t37,568~62.56 t38,778.823.79 140,623,837.98 138,719,692.54 5.002 932 Portfolio CITY CP City of Rancho Cucamonga Portfolio Management Page 4 Portfolio Details - Cash January 31, 2002 Average Purchase Stated YTM Days to CUSIP Inveetment I~ Issuer Balance Date Par Value Mad(et Value Book Value Rate Moody's 360 Maturfly Cash Accounts 00180 BANK OF AMERICA 1,~61,180.13 1,961,180.13 1,g61,180.13 2.000 1.973 1 Cash Subtotal and Average Balance 2,129,061.68 1,961,180.13 1,96¶,¶80.13 t,961,t80.~$ Total Cash and In.~-a[.,=,tta 139,697,32424 140,740,003.92 142,585,018,tt t40,680,872.67 5.002 932 Por~olio CITY City of Rancho Cucamonga Portfolio Management Investment Activity By Type Pege s January 1, 2002 through January 31,2002 Beginning Stated Transaction Purchases Sales/Maturities Ending CUSIP Investment ~t Issuer Balance Rate Date or Deposits or Withdrawals Balance Local Agency Investment Funds (Monthly Summary) 00005 LOC. AL AGENCY iNVST FUND 3.068 8,419,461.03 4,000,000.00 Subtotal 24,744,362.76 8~19,461.03 4,000,000.00 29,163~23.79 Savings/Miscellaneous Accounts (Monthly Summa;y) 00180 BANK OF AMERICA 2.000 0.00 173,477.60 Subtotal 2,134,657.73 0.O0 173,477.60 1,961,180.t3 Certificates of Deposit/Neg. - Bank Subtotal t,515,000.00 1,515,000.00 Federal Agency Issues - Coupon 3133MKU88 1117 FEDERAL HOME LOAN BANK 5.000 01/15/2002 2,000,000.00 3136F1FF2 tt18 FEDERAL NATL MTG ASSN 5.000 01/23/2002 2,000,000.00 0.00 Subtotal 104,040,868.75 4,000,000.00 0.00 108,040.868.76 Treasu;y Securities - Coupon 9128275X6 1058 TREASURY NOTE 6.375 01/31/2002 0.C~ 1,995,937.50 Subtotal t,995,937.50 0.00 t,995,937.50 0.00 Mortgage Backed Securities 313401WW7 00071 FEDERAL HOME LOAN MORTG. CORP. 8.000 01/01/2002 0.00 0.00 Subtotal 0,00 0.00 0.00 0.00 Total 134,430,826.74 12,419,461.03 6,169,415.10 140,680,872.67 Portfolio CITY CP Run Date: 02/11/2002 - 15;05 PM (PRF_PM3) SymRept V$.02/ City of Rancho Cucamonga Summary of Cash and investments with Fiscal Agents For the Month Ended December 31, 2001 Trustee and/or Purchase Maturity Cost Bond Issue PayInfl Aqent Account Name Investment Date Date Yield Value Assessment District No 93-1 US Bank Imprvmnt Fund First Amedcan Treasury Obligation 8/4/1997 N/A* 1.40% $ 257,311.00 Masi Plaza Imprvmnt Fund Cash N/A N/A N/A 0.78 Reserve Fund First Amedcan Treasury Obligation 8/4/1997 N/A* 1.40% 244,522.00 Reserve Fund Cash N/A N/A N/A 0.11 Redemp. Fund First American Treasury Obligation 8/4/1997 N/A 1.40% 3,791.00 Redemp. Fund Cash N/A N/A N/A 0.32 $ 505,625.21 PFA RFDG Rev Bonds series US Bank Ex~pense Fund First Amedcan Treasury Obligation 7/1/1999 N/A* 1.40% $ Cash N/A N/A N/A 0.04 1999 A (Sr) & 1999 B (Subord) Sub Resrv. Fund First American Treasury Obligation 7/1/1999 N/A* 1.40% 582,493.00 Cash N/A N/A N/A 0.44 Sr. Resrv. Fund First American Treasury ObligatJon 7/1/1999 N/A* 1.40% 1,094,284.00 Cash N/A N/A N/A 0.57 Redemption Fund First American Treasury Obligation 7/1/1999 N/A* 1.40% Cash N/A N/A N/A Revenue Fund First American Treasury Obligation 3/2/2000 N/A* 1.40% 159.00 Cash N/A N/A N/A 0.99 Residual Fund First American Treasury Obligation 1/16/2001 N/A* 1.40% 216,469.00 Cash N/A N/A N/A 0.22 $ 1,893~407.26 TOTAL CASH AND INVESTMENTS WITH FISCAL AGENTS $ 2,399~032.47 * Note: These investments am money market accounts which have no stz, ted matudty date as they may be liquidated upon demand. ~ i:tfinance[Cash with Fiscal Agents.xls 1/16/2002 8:44 AM 1~ A N C H O C U C A M O N G A ENGINEERING DEPART~IENT DATE: February 20, 2002 TO:' Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Lucinda E. Hackett, Associate Engineer~' SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM HAVEN AVENUE TO 500' WEST TO BE FUNDED FROM ACCOUNT NO. 11243035650/1336124 (TRANSPORTATION) RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of Church Street Right Turn Lane Improvement from Haven Avenue to 500' West and approve the Attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND / ANALYSIS: Church Street Right Turn Lane Improvement scope of work in general consists of, but not limited to, removal of existing berm to allow for widening on south side of street, removal and replacement of existing a.c. pavement, installation of a.c. berm, miscellaneous grading, Utility relocation, placement of detector loops, striping and pavement markings. The project is to be funded from Transportation funds, Account No. 11243035650/1336124. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for Church Street Right Turn Lane Improvement is $56,520. Legal advertising is scheduled for February 26, 2002 and March 5, 2002, with bid opening at 2:00 p.m. on Tuesday, March 12, 2002. Res~-~ully s,,ubmitted., City'Engineer WJO:LEH:Ieh VICINITY MAP P.r, oject S~te ii HILLSIDE 24TH ST * CHURCH STREET 0q~oM R~v~ Ars. ?o 400' PAVE~'I~.NT REHABH JTATION ... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE "CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM HAVEN AVENUE TO 500' WEST" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM' HAVEN AVENUE TO 500' WEST ". 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 Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga 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 Tuesday, March 12, 2002, sealed bids or proposals for the "CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM HAVEN AVENUE TO 500' WEST" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of the CHURCH STREET RIGHT TURN LANE IMPROVEMENT FROM HAVEN AVENUE TO 500' WEST". 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 RESOLUTION NO. February 20, 2002 Page 2 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 Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, 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 fifty dollars ($50.00) 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 herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions 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 work's 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 journeymen in such cases shall not be less than one to five except: A. 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 B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. 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 D. 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 apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. RESOLUTION NO. Febmary 20, 2002 Page 3 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 City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before 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 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, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga 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 100% of the contract price thereof, and an additional bond in an amount equal to 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 RESOLUTION NO. February 20, 2002 Page 4 which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the submittal of the Bidder's Proposal the Prime Contractor shall possess any and all contractor 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 "A" License (General Engineering Contractor) or a combination of Specialty Class "C" licenses sufficient to cover all the work to be performed by the Prime Contractor in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations 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 on file in the Office of the City Clerk at 10500 Civic Center Drive, 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 (FII~TEEN 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 reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucanaonga, California. Dated this 20th day of February, 2002. RESOLUTION NO. February 20, 2002 Page 5 Publish Dates: February 26, 2002 and March 5, 2002 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 20th day of February, 2002. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 20th day of February, 2002. Executed this 20th day of February, 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: February 26, 2002 and March 5, 2002 R A N C H O C U C A M O N G A ~NGINEEI~ING DE PArT,lENT DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: James T. Harris, Associate Engineer SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF THE IN-ROADWAY WARNING LIGHT SYSTEM AT THE INTERSECTION OF 19TM STREET AND JASPER STREET, FEDERAL AID PROJECT STPLHSR-5420(007) TO BE FUNDED FROM ACCOUNT NO. 12343035650/1439234-0 RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of the In-Road Warning Light System at the Intersection of '19~ Street and Jasper Street and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND I ANALYSIS: In April of 2000, staff prepared an application in association with Jasper Elementary School, the California Highway Patrol and the Rancho Cucamonga Police Department for the then-new Safe Route to School federal funding program. The program grents federal funds for projects that enhance the safety of children on their way to school. Jasper Elementary School is just north of 19th Street, currently State Route 30. Some students must cress 19~h Street on their way to school. While there is not enough traffic on Jasper Street to warrant a traffic signal or all-way stop control, it was determined that something could make the crossing safer than the existing advance beacon, in place for some time. Several lighted crosswalk facilities were investigated. The most promising, "LightGuard System", was proposed for the federal grant. On October 4, 2000, we were notified as being eligible for funding. It should be pointed out that State Senator Nell Soto (D-Ontario) was instrumental in the City receiving the grant funds of $30,000, including 10% matching City funds. The In-Roadway Warning Light System at the Intersection of 19th Street and Jasper Street scope of work in general consists of, but is not limited to, the installation of in-roadway lighting fixtures, conduit and conductors with traffic signal poles, safety lights, pedestrian pushbuttons and pertinent signing, striping and pavement markings. The project is to be funded from Safe Route to School funds, Account No. 12343035650/1439234~0, under the Federal Safe Route to School grant CITY COUNCIL STAFF REPORT In-Roadway Warning Light System at Intersection of 10th Street and Jasper Street February 20, 2002 Page 2 program, Project No. STPLHSR-$420 (007). Staff has determined and Caltrans and FHWA concur that the project has a Programmatic Categorical Exclusion per 23 CFR 771.117(d). The Engineer's estimate for the In-Roadway Waming Light System at the intersection of 19~h Street and Jasper Street project is $30,000. Legal advertising is scheduled for February 26, 2002 and March 5, 2002, with bid opening at 2:00 p.m. on Tuesday, March 19, 2002. Res~submitted, * . cWiilli~lm~· O'ty.E_ngine~~ WJO:JTH Attachments RESOLUTION ~,~- 0~/(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE "IN- ROADWAY WARNING LIGHT SYSTEM AT THE INTERSECTION OF 19TM STREET AND JASPER STREET, FEDERAL AID PROJECT STPLHSR-5420(007)" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS,, the City of Rancho Cucamonga has caused to be prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the. IN-ROADWAY WARNING LIGHT SYSTEM AT THE INTERSECTION OF 19TM STREET AND JASPER STREET". 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 PROPOSAl R" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga 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 Tuesday, March 19, 2002, sealed bids or proposals for the" IN-ROADWAY WARNING LIGHT SYSTEM AT THE INTERSECTION OF 19TM STREET AND JASPER STREET" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "bid for Construction of the IN- ROADWAY WARNING LIGHT SYSTEM AT THE INTERSECTION OF 19TM STREET AND JASPER STREET". RESOLUTION NO. Page 2 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 Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, 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 fifty dollars ($50.00) 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 herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions 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 work's 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 journeymen in such cases shall not be less than one to five except: A. 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 B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. 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 RESOLUTION NO. Page 3 D. 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 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 City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day dudng 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 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, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga 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 Iow bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. RESOLUTION NO. Page 4 The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract pdce 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. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. On the date and at the time of the execution of the contract for this project the Prime Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and ail of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulations adopted pursuant thereto. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, 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, reserves the right to reject any or all bids. By order of the Council of the City of Rancho Cucamonga, California. RESOLUTION NO. Page 5 Dated this 20th day of February, 2002. Publish Dates: February 26, 2002 and March 5, 2002 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 20th day of February, 2002. William J. Alexander, Mayor ATTEST: Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the 20th day of February, 2002. Executed this 20th day of February, 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk ADVERTISE ON: February 26, 2002 and March 5, 2002 _~ NO SCALE ' . ~ HA ~TI-IORNE ST "~ R2 ~ ~ ~-~ (s~-ao) CRO~A~ W66A ~N ~ J~PER ~ ELEMENTARY ~ ~ Ro~omo~ m~N scHOoL FIGURE "A" TH E CITY OF I~ANCHO CIJCAHONGA TO: Mayor, Members of the Gily Gouncil and ,lack Lam, AIGP, Gity Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Dawn Haddon, Purchasing Manager DATE: February 20, 2002 SUBJECT: AUTHORIZATION FOR THE PURCHASE OF TWO (2) CUSHMAN TURF- TRUCKSTERS FROM PACIFIC EQUIPMENT & IRRIGATION, INC., OF CHINO~ IN THE AMOUNT OF $33~669.72~ FUNDED FROM FUND 1134-303-5603 AND 1712- 001-5603 RECOMMENDATION It is recommended that the City Council authorize the pumhase of two (2) Cushman Turf-Trucksters from Pacific Equipment & Irrigation, Inc., of Chino, in the amount of $33,669.72, funded from fund 1134-303-5603 and 1712-001-5603. BACKGROUND/ANALYSIS City Council approved the purchase of these vehicles as identified in the fiscal year 2001/2002 budget document under account 1134-303-5603, as a new equipment purchase, and in account 1712-001-5603, to replace unit #570. Maintenance provided specifications to Purchasing for the Cushman Tuff-Trucksters. Purchasing prepared a Request for Bid and sent it to four (4) vendors. Three (3) responses and one (1) "No Bid" were received. After analysis of the bids by John Gonzales, Maintenance Supervisor, and Purchasing Staff, it has been determined that Pacific Equipment & Irrigation, Inc. is the lowest, most responsive and responsible vendor that meets the specifications required by the Engineering Department. Respectfully submitted, Lawrence I. Temple Administrative Services Director R A N C H O C U C A M O N G A OO~'~U~ITY Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III DATE: February 20, 2002 SUBJECT: Approval of a Recommendation for Reorganization of the Community Services Network RECOMMENDATION The Park and Recreation Commission and staff recommend that the City Council approve the proposed reorganization of the Community Services Network BACKGROUND/ANALYSIS In January 1999, City Council approved the Park and Recreation Commission's and staffs recommendation to establish a Community Services Network that would meet on a quarterly/monthly basis to coordinate resources/services and promote teamwork in addressing recreational and social needs of the residents of Rancho Cucamonga. (See attached staff report from January 1999). The Community Services Network has met monthly since April 1999. Dianna Lee Mitchell, Executive Director of the Rancho Cucamonga/Fontana Family YMCA, has served as Chairperson of the Network since it began. During its first year, the Network established a model for the Network that included information on membership, goals, objectives, meeting date/time, meeting format, leadership, facilitator, etc. The Network also developed a Mission Statement for the Network that is as follows: The mission of the Rancho Cucamonga Community Services Network is to coordinate resources, network services and promote teamwork in addressing recreational and social needs of residents in the City of Rancho Cucamonga. Participants at the meetings throughout the first year (approximately 15-25) had the opportunity to learn about community resoumes and the various agencies that attended the Network meetings. CITY COUNCIL APPROVAL OF RE-ORGANIZATION OF COMMUNITY SERVICES NETWORK FEBRUARY 20, 2002 During the second year of operation, Network meetings focused on bringing speakers to the group to address various aspects of non-profit agency managementJoperation. Specific programs included: · Tips for Working with the Press - presented by Jackie Amsler of the Inland Valley Daily Bulletin. · An informational presentation on Central Park - provided by Kevin McArdle, Community Services Director. · Mentoring/Workplace Preparation Program - presented by Kathy Dutton and Debbie Smith from Chaffey College. · Hospice Programs and Services - presented by Rev. Jim Covey, Inland Hospice. · Programs and Services for Children and Adults- presented by Dianna Lee- Mitchell, Rancho Cucamonga Family YMCA. · Grantsmanship - a presentation by Bonnie Konowitch, Children's Network. · An informational presentation on the City of Rancho Cucamonga's Kids' Plate Grant and Youth Enrichment Services Grant (Proposition 10) - provided by Paula Pachon, City of Rancho Cucamonga. · How to Build an Effective Website - a presentation by Cassie Zupka, Project Hero. · Power Outages and Emergency Preparedness - a featured presentation by Alicia Rodriquez, City of Rancho Cucamonga. · Program Outcomes - a training provided by Mt. Baldy United Way. · A presentation on the City of Rancho Cucamonga's performing arts feasibility study and a request for input from the Network on their individual views of the future need/desire for performing arts programs and facilities in Rancho Cucamonga. · Recruiting, Retaining and Recognizing Volunteers - a presentation by Jayne Stephenson, Pomona Valley Hospital. · Marketing and Public Relations- a presentation by Carolyn Uber, Uber Advertising and Public Relations. Attendance at the Network meetings during the second year of operation ranged from 5- 12 participants. -2- Cl'~f COUNCIL APPROVAL OF RE-ORGANIZATION OF COMMUNITY SERVICES NETWORK FEBRUARY 20, 2002 With the difficulties in gaining and retaining regular attendees at the Community Services Network meetings, staff and the Chair of the Network have met several times over the past year to brainstorm avenues to increase participation in and value of the Community Services Network. The Network recently changed their meeting time from 6:00 p.m. to 4:00 p.m. in an attempt to acquire more participation in the Network meetings. Unfortunately, we have not seen an increase in attendance at the Network meetings. Due to persistent problems in achieving solid attendance at the Network meetings and the inability of the group to broaden their leadership potential for the Network's continuation, the Park and Recreation Commission and staff are recommending a totally new approach to the Network. It is the Commission's and staff recommendation that the Network change its focus from a quarterly/monthly networking meeting to an annual meeting that would bring together community representatives along with professionals in the field of networking and community strategizing to hold a community conference that would focus on the benefits of working together; learning about new community programs; sharing information concerning upcoming events, identifying assets and needs of our community; and coordinating partnership opportunities. The Park and Recreation Commission discussed these proposed changes to the Community Services Network at their January 17, 2002, meeting. Dianna Lee Mitchell, the current chairperson of the Network was at this meeting and concurred with the recommendation. It was further recommended that this annual meeting take place only if a community planning committee could be organized to participate in the planning and implementation of such a large-scale activity. Therefore, the Park and Recreation Commission and staff recommend that the City Council approve the propose change the meeting format for the Community Services Network from a quarterly/monthly meeting to an annual meeting to be supported by a commuter planning committee. R~itted,. Kevin I~lcArdle- Commhnity Services Director h~MM~ERV~unci~&B~a~ds1cityc~unc~Sta~Rep~rts~2~2~cSNetw~rkRe~rganizati~n2~2~.~2~d~c -3- ~" ' CI']'Y ()F RANC110 C[JCAMON(b\ I STAFF REPORT DATE: January 20, 1999 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director SUBJECT: CONSIDERATION AND DISCUSSION OF PARK AND RECREATION COMMISSION'S RECOMMENDATIONS FOR ESTABLISHMENT OF A COMMUNITY SERVICES NETWORK RECOMMENDATION: The Park and Recreation Commission and staff recommend that the City Council approve the formation of the proposed Community Services Network as described on the attached pages. BACKGROUND/ANALYSIS: On August 19, 1998, the City Council discussed the possible formation of a Youth Advisory Group within the City which would be formed to help coordinate the delivery of youth programs throughout the community. The City Council referred this topic to the Park and Recreation Commission for their recommendations. On September 17, 1998, the Park and Recreation Commission initially reviewed the proposed concept and developed a more specific recommendation to the City Council. The Commission's discussions resulted in recommending formation of a community organization which would include representatives of all non-profit organizations within the City which offer community service programs. On October 7, 1998, the City Council reviewed the suggestions by the Park and Recreation Commission and supported their recommendations. Staff and the Commission were asked to refine a more specific recommendation. In developing a recommended model for the proposed community organization, staffheld a number of discussions regarding the proposed objectives and challenges for the group. Additionally, staff received input from a number of community members who were aware of the proposed concept. Following this analysis, staffdeveloped recommendations for the proposed community organization and referred to it as the Rancho Cucamonga Community Services Network. On November 19, 1998, the Park and Recreation Commission reviewed staffs' recommendations and refined the proposal. The Commission unanimously voted to recommend approval of the attached proposal to the City Council for consideration. The most positive aspects of the proposed Community Services Network will be the creation of a thrum to encourage sharing of ideas and resources amongst organizations having similar goals. Representatives from these groups would be able to get together to conduct joint trainings, discuss common programs and share resources to make each group's efforts more effective. Mayor and Members of the CiO' Council Page 2 £'ommunity Services Network ,hmuttr. r 20. 1999 One challenge to overcome with the formation of a Community Services Network will be to avoid any unhealthy competition amongst the groups. All efforts must be made to work together for the improvement of the community without putting too much emphasis on the resources or objectives of any particular group or groups. It will also be important for all members to keep in mind that while the services offered by some groups may be similar in nature, that does not mean that all such services, with their specific goals and iarget populations, are not extremely valuable to the Rancho Cucamonga community. As part of the discussions by the Park and Recreation Commission, the Commission members discussed opening membership in the proposed organization to all community serving groups regardless of their targeted age populations.. While preparing specific recommendations, staff felt that it might be best to start the group with an emphasis on youth serving organizations, which constitutes the majority of the service groups in the community. Staff felt that initiating .the Community Services Network with all age group providers included might result in too large of an organization with such varied interests and priorities that development of a specific initial focus would be difficult. The Parks and Recreation Commission felt it would be more appropriate to implement the Network with all age groups represented and let the priorities of the group representatives work themselves out. The proposal approved by the Commission will permit membership in the Network by all non-profit community service organizations serving the community. Attached is the specific recommendation from the Park and Recreation Commission regarding formation of the Rancho Cucamonga Community Services Network. FISCAL IMPACT: The fiscal impact to the City for formation of the Community Services Network will include the time spent by department staff to attend meetings, mail out meeting reminders, and preparation of the abbreviated minutes from the quarterly meetings. The annual City cost is estimated at $2,500.00. K~vi~/McArd Com[munity Services Director Attachments KM/mam ATTACHMENT # 1 NAME: Rancho Cucamonga Community Services Network. MEMBERSHIP: Representatives from non-profit community services organizations serving the residents of Rancho Cucamonga. GOAL: To coordinate resources/services and to promote teamwork in addressing the recreational and social needs of residents in the City of Rancho Cucamonga. OBJECTIVES: 1. Analyze legislation relating to community services issues. 2. Networking and sharing of information regarding group programs and services. 3. Identification of gaps in community services programs and services in the community. 4. Training in areas of common interest. 5. Developing a list of resources and services available to the community. MEETINGS: Meetings will be hc 13 on a quarterly basis at a time and location to be determined. Meeting locations will vary amongst the member groups. MEETING FORMAT: Quarterly meetings will consist of the following components. - Approval of minutes of the previous meeting. - Announcements from individual organizations. - Training programs or presentations. - Review of legislation or topic discussion. COMMUNITY SERVICES NETWORK FACILITATOR: A representative of the City's Community Services Department will initially serve as facilitator for the Community Services Network and will prepare information regarding the quarterly meeting schedule and distribution of minutes from each meeting. COMMUNITY SERVICES NETWORK LEADERSHIP: The membership will elect a Chairperson on an annual basis, who will appoint Committee chairs, as needed. SUB-COMMITTEES: Sub-committees will be formed, as needed, by the Community Services Network to address specific topic areas. BY-LAWS: The Community Services Network will develop its own by-laws and modify them, as necessary, to meet its goals and objectives. ' - ATTACHMENT # 1 (cont.) TRIAL PERIOD: The Community Setwices Network will be initially established for a period of twelve months. At the conclusion of this one year period, members will evaluate the effectiveness of the Community Services Network tbr future continuation. R A N C H O C U C A M O N G A ~O~NITY TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director BY: Paula Pachon, Management Analyst III DATE: February 20, 2002 SUBJECT: Approval of a Request from Rancho Cucamonga ACE Softball for a Waiver of Rental Fees for their Opening and Closing Ceremonies at the Rancho Cucamonga Epicenter Stadium on March 2, 2002 and June 1, 2002. RECOMMENDATION It is recommended that the City Council approve a request from Rancho Cucamonga ACE Softball for a waiver of rental fees for their Opening and Closing Ceremonies at the Rancho Cucamonga Epicenter Stadium on March 2, 2002 and June 1, 2002. BACKGROUND/ANALYSIS Staff has recently received a letter of request from Rancho Cucamonga ACE Softball for a waiver of rental fees for their Opening and Closing Ceremonies at the Rancho Cucamonga Epicenter Stadium on March 2, 2002, from 8:00 a.m. until 12-noon and on June 1,2002 from 8:00 a.m. until 3:00 p.m. respectively. As noted in their letter of request, Rancho Cucamonga Softball and ACE Youth Girls Softball have recently merged leagues and are now known as Rancho Cucamonga ACE Softball. This merger has resulted in a larger membership and a challenge of how to facilitate their players and families during both their opening and closing ceremonies. Due to an anticipated attendance of 2,500-3,000 individuals at both of these events the non-profit organization has requested to be able to hold these activities at the Rancho Cucamonga Epicenter Stadium and for the standard rental fee for the use of the facility to be waived. In reviewing this request for fee waiver against Resolution Number 99-049, A Resolution of the City Council of the City of Rancho Cucamonga Adopting Facility ¥/ CITY COUNCIL RANCHO CUCAMONGA ACE SOFTBALL'S REQUEST FOR WAIVER OF EPICENTER RENTAL FEES FEBRUARY 20, 2002 Rental Fee Waiver and City Service Fee Waiver Policies for the Epicenter, staff has determined that ACE Softball does meet the criteria required for a waiver of the facility rental fee but does not meet the criteria for a waiver of City service charges. The attached table illustrates the results of staff's review. FISCAL IMPACT Should the City Council approve Rancho Cucamonga ACE Softball's request for waiver of rental fees for their Opening and Closing Ceremonies for the 2002 year the total fiscal impact to the City of this action would be $4,000. According to Resolution Number 99- 049, Rancho Cucamonga ACE Softball would still be required to pay their direct service charges {public works personnel, facility materials and supplies, lights, etc.), a security damage deposit, any applicable taxes and provide the City comprehensive public liability insurance coverage in the amount of $2 million dollars. The exact cost of the direct services charges will be determined after meeting with the applicant through our City Event Team process. Kevir{: ~ Comn ~ity Services Director Attachment ~MMSERv~unci~&B~ards~i~y~unci~tSta~Rep~tst~2~2~R~A~ES~ftba~2~2~.~2~d~c -2- Evaluation Tool for Review of Requests for Waiver of Rental Fees and Direct Services Charges for the Epicenter* Requesting Organization: Rancho Cucamonga ACE Softball Event Date(s): March 2, 2002 (8am-12 noon); June 1, 2002 (8am-3pm) Requested Facility: Rancho Cucamonga Epicenter Stadium Criteria Applicable to Facility Rental Fee Waiver/Reduction Meets Does Not Criteria Meet Criteria Entity conducts substantial business activities within the City of X Rancho Cucamonga. Entity is a properly formed California non-profit organization X holding a current City business license. The event for which the facility is to be used and for fee waiver X is requested is: (1) not limited in attendance on the basis of any discriminatory criteria; (2) is not designed or intended to solicit, encourage, to persuade or induce membership into the sponsoring entity or financial support; and (3) is intended and planned to appeal to and benefit all residents of the City of Rancho Cucamonga. Criteria Applicable to Waiver of Direct City Service Meets Does Not Charges for Community Special Events: Criteria Meet Criteria That all of the above criteria are met. X That the proposed Community Special Event will provide a X direct and tangible benefit to a program or service offered by the City. That the activity will not unreasonably subject the City to X foreseeable liability. That the sponsoring entity will positively identify and advertise X the event and the City of Rancho Cucamonga on a regional or greater scale and the Community Special Event is of a nature that will convey a positive image for the City. That the event is designed, intended and organized in a X manner that will either result in the substantial patronage of a significant number of businesses located within the City and/or involve participation of numerous community organizations. That the event will offer the citizens of the City of Rancho X Cucamonga opportunities to participate in unique community activities and events that are not otherwise available within the City by or through the City or any other private party. That the event is not in conflict with or similar to any other X event that the City is participating in or assisting in any manner. That the event is not designed or intended to produce or result X in a profit for any involved entity. · Based upton City Resolution Number 99-049, A Resolution of the City Council of the City of Rancho Cucamonga Adopting Facility Rental Fee Waiver and City Service Charge Waiver Policies for the Epicenter. I:tCOMMSERV~Epicente~tFeeWavierslEvalution Tool2. doc 4~..~~ P.O. Box 344. Alta Loma. CA 91701 City of Rancho Cucamonga Attention: Paul Pauchon Rancho Cucamonga, CA 91730 January 25, 2002 Dear Pauh: Rancho Cucamonga Softball and ACE Youth Girls Softball have recently merged leagues and are now known as Rancho Cucamonga ACE Softball, a non-profit organization teaching the young girls in our community the sport of softball. Since both leagues have combined, our membership is now approximately 700 players for the Spring season. Our new league proudly represents the majority of the young girls in our community playing softball. Along with this new and exciting adventure, comes some new challenges for our league, the number one being how to facilitate our players and their families during our Opening and Closing Day Ceremonies. None of the local parks or schools were able to accommodate the amount of people expected to attend, nor the anticipated parking issues, without upsetting our local neighborhoods. We respectfully request use of the Rancho Cucamonga Epicenter for our Opening and Closing Day Ceremonies and request consideration for a waiver of the standard rental fee. The dates needed for these ceremonies are March 2, 2002 (Sam - 12pm) and June 1, 2002 (Sam - 3pm). If these dates are not available or you have any questions, please contact me at (909) 944-0523. Your consideration is g~eatly appreciated. Thank you, Lisa DiNoto Vice President Telephone #: 909/989-2272 www.eteamz.com/ranchoacesoftball T H C I T Y 0 F RANCHO CUCAMONGA Smff cpo L DATE: February 20, 2002 TO: Mayor and Members of City Council Jack Lam, AICP, City Manager FROM: Lawrence I. Temple, Administrative Services Director BY: Ingrid Y. Bruce, GIS/Special Districts Supervisor S~: APPROVAL TO DETERMINE THE RATE FOR COMMUNITY FACILITIES DISTRICT NO. 2001-01 FOR FISCAL YEAR 2001-2002 AND PROVIDE A METHOD OF COLLECTION THEREOF RECOMMENDATION It is recommended that City Council adopt the attached Resolution that determines the rate and the method of collection for Community Facilities District No. 2001-01 (Improvement Area No. 3) for fiscal year 2001-2002. Pursuant to Section 53340 and 53358 of the Government Code Mello-Roos Community Facilities District Act of 1982, City Council is authorized to annually levy the tax rate to pay debt service on the bonds in the amount of $32,725 to the property owner, CSM&C Expansion, LLC effective September 2, 2002. BACKGROUND/ANALYSIS On June 20, 2001, an election was held and the property owners within the boundary of Community Facilities District No. 2001-01 (Improvement Area No. 3) authorized the district to incur bonded indebtedness to finance the acquisition and construction of facilities within its boundary. On August 15, 2001 the City Council adopted Ordinance No. 01-019 authorizing the issuance of bonds. Bonds were issued on August 29, 2001 in the amount of $935,000. These bonds included capitalized interest to pay debt service on March 2, 2002, with the agreement that the property owner would make the September 2, 2002 payment. Page 2 February 20, 2002 City Council Staff Report CFD 2001-01 (Improvement Area 3) Respectfully submitted Lawrence I. Temple Administrative Services Director Attachments: Resolution Invoice A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALiFORNIA, DETERMINiNG THE SPECIAL TAX RATE FOR COMMUNITY FACILITIES DISTRICT 2001-01 FOR FISCAL YEAR 2001- 2002 AND PROVIDING A METHOD OF COLLECTION THEREOF Recitals WHEREAS, by its Resolution No. 01-162, adopted on June 20, 2001, the City Council of the City of Rancho Cucamonga, California (the "City Council"), pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311 and following of the California Government Code) (the "Act") established City of Rancho Cucamonga Community Facilities District No. 2001-01 (the "District") and established within the District an improvement area designated Improvement Area No. 3 (the "Improvement Area"); and WHEREAS, at an election held on June 20, 2001, the qualified electors of the Improvement Area unanimously approved the levy of a special tax against properties in the Improvement Area (the "Special Tax"); and WHEREAS, by its Ordinance No. 658 (the "Ordinance"), adopted on July 18, 2001, the City Council authorized the levy of the Special Tax in accordance with the Act; and WHEREAS, on September 18, 2001, the District delivered its $935,000 City of Rancho Cucamonga Community Facilities District No. 2001-01 Improvement Area No. 3 Special Tax Bonds Series 2001-B (the "Bonds"); and WHEREAS, in a Fiscal Agent Agreement dated as of August 1, 2001, by and between the City and Wells Fargo Bank, National Association (the "Fiscal Agent"), the City covenanted to fix and levy the Special Tax within the Improvement Area for each fiscal year in an amount required for the payment of principal and interest on the Bonds becoming due and payable during that fiscal year, plus administrative expenses, but taking into account certain balances in funds held by the Fiscal Agent (the "Covenant"); and WHEREAS, interest will become due and payable on the Bonds during Fiscal Year 2001- 2002 in an amount exceeding funds held by the Fiscal Agent and designated for the payment for such interest; and WHEREAS, the Bonds were delivered subsequent to the deadline for directing the County Auditor-Controller of the County of San Bernardino to collect the Special Tax along with and in the same manner as the ad valornm property taxes for Tax Year 2001; and WHEREAS, the City Council intends to levy the Special Tax for Fiscal Year 2001-2002 as authorized by the Ordinance and required by the Covenant; and WHEREAS, the City Council intends to provide for the collection of such Special Tax for Fiscal Year 2001-2002 by City staff. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That the specific rate and amount of the Special Tax to be collected to pay for the costs and expenses for Fiscal Year 2001-2002 for the District is hereby determined and established as set forth Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference SECTION 3: That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this legislative body, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4: That the proceeds of the Special Tax shall be used to pay, in whole or in part, the costs of the following, in the following order of priority: A. Payment of principal and interest on any outstanding authorized bonded indebtedness; B. Necessary replenishment of bond reserve funds or other reserve funds; C. Payment of costs and expenses of authorized public facilities and public services, and incidental expenses pursuant to the Act; and D. Repayment of advances and loans, if appropriate. The proceeds of the special taxes shall be used as set forth above, and shall not be used for any other purpose. SECTION 5: The City instructs the GIS/Special Districts Manager, or his or her designee, to collect the Special Tax for Fiscal Year 2001-2002 by the mailing of a letter of collection to the owner of each parcel of real property upon which the Special Tax has been levied. Where multiple parcels subject to the Special Tax are owned by the same person(s), a single letter of collection may be sent, indicating the Special Tax due on each parcel under common ownership. Payment of the Special Tax shall be due on the 60th day following the mailing of such letter of collection. This method of collection is hereby authorized by the City Council pursuant to Section 6 of the Ordinance. To the extent applicable, the payment of the Special Tax shall be subject to all penalties and all procedures, including foreclosure, provided for with regard to the Ad Valorum property tax. SECTION 6: All monies collected pursuant to this Resolution shall be paid into the Community Facilities District funds, including any bond fund and reserve fund. PASSED, APPROVED, and ADOPTED this day of February 2002. William J. Alexander, Mayor ATTEST: 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 Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular meeting of said City Council held on the day of February 2002. Executed this day of February 2002, at Rancho Cucamonga, California. Debra J. Adams, CMC, of R ncho Cuc mong INVOICE FOR FISCAL YEAR 2001/02 Mail payment to: City of Rancho Cucamonga If you have any questions, please call: Attn: Ingrid Brace, GIS/Special Districts Supervisor (909) 477-2700 ext. 2575 10500 Civic Center Drive Rancho Cucamonga, CA 91729 (NOTIb¥ OFFICE OFANY CI.L4NGE OFADDRES3' OR O!Y/NEPO'HIP) Assessor's Parcel Numbers: 022%021 62,63 & 64 District: Community Facilities District No. 2001-01 CSM&C Expansion, LLC 2131 Convention Center Way Ontario, CA 91764 Installment Due by August 1, 2002 Special Tax Due: $ 32.725.00 The above referenced parcels are witlfin Community Facilities District 2001 01 (hnprovement Area 3) and per an agreement entered into during the formation of this district, you are obhgated for the September 2, 2002 debt service payment. (RETAIN TOP PORTION FOR YO UR RECORDS) Assessor Parcel Numbers: 0229-021-62,63 & 64 Mail payment to: City of Rancho Cucamonga District: Community Facilities District No. 2001-01 Arm: Ingnd Bruce, GIS/Specld Disulcts Supervisor 10500 Civic Centcr Drive Rancho Cucamonga, CA 91729 Instalhnent Due byAugust 1, 2002 Special Tax Due: $ 32.725.00 R A N C H O C U C A M O N G A ENGINEEDIN G DEDAI~?HEN~p Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Henry Murakoshi, Associate Engineer SUBJECT: 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 DRCDR01-03, LOCATED ON THE EAST SIDE OF HERMOSA AVENUE, NORTH OF SHARON CIRCLE, SUBMITTED BY PARAGON DEVELOPMENT CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving the Improvement Agreement and Improvement Security, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRCDR01-03, located on the east side of Hermosa Avenue, north of Sharon Circle, was approved by the City Planner on July 10, 2001, for the development of a 89,314 square foot industrial building on 8.0 acres of land in the General Industrial District. The Developer, Paragon Development Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $30,800.00 Labor and Material Bond: $15,400.00 Copies of the agreement and security are available in the City Clerk's Office. CITY COUNCIL STAFF REPORT DRCDR01-03 February 20, 2002 Page 2 A letter of approval has been received from the Cucamonga County Water District. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:HM:sc Attachments VICINITY MAP CITY OF RANCHO CUCAMOHGA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRCDR01-03 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed by Paragon Development Corporation, as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Hermosa Avenue, north of Sharon Circle; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRCDR01-03; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2 That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. ~-~ 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 DRCDR01-03 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. I 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 XlIID of the Constitution of the State of California ("Article XlIID") 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 RESOLUTION NO. DRCDR01-03 February 6, 2002 Page 2 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 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: a. 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. b. 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 proceedings 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: HERMOSA AVENUE PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The legal description of the Property is: PARCEL NO. 1: APN NO. 209-261-09 THE WEST 320 FEET OF THE NORTH 652 FEET OF LOT C, NORTH CUCAMONGA TOWNSITE, 1N THE COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA, AS PER ' PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY. NOTE: AREAS AND DISTANCE OF THE ABOVE-DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREET AS SHOWN ON SAID MAP. PARCEL NO. 2: APN NO. 209-2261-30 THE NORTH 652 FEET OF THAT PORTION OF LOT "C", CUCAMONGA TOWNSITE, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARD1NO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 13 OF MAPS, PAGE 15, RECORDS OF SAID COUNTY, LYING WESTERLY OF THE WEST LINE OF THAT CERTAIN 100 FOOT STRIP OF LAND, AS CONDEMNED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, IN SUPERIOR COURT CASE NO. 119404, RECORDED MAY 4, 1965, IN BOOK 6384, PAGE 344, OFFICIAL RECORDS OF SAID COUNTY. EXCEPTING THEREFROM THE WESTERLY 320 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE FINAL ORDER IN CONDEMNATION RECORDED OCTOBER 8, 1982, AS INSTRUMENT NO. 19820202093, OFFICIAL RECORDS. NOTE: AREAS AND DISTANCE OF THE ABOVE-DESCRIBED PROPERTY ARE COMPUTED TO THE CENTERS OF THE ADJOINING STREET AS SHOWN ON SAID MAP. Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 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. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD # 1) is used to fund the maintenance and/or installation of street fights 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 commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. Exhibit "B' continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: DRCDR01-03 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 ............... SLD # 6 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 3B --- 3265 --- 13 *Existing items installed with original project Assessment Units by District Parcel Acres S 1 S 6 L 3B N/A 8.0 -- 8.0 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit T.v.ne ! ]nits tInit~ Factor Unit~ [ Init Revenue Comm/Ind Acre 2063.86 1.0 2063.86 $352.80 $728,129.81 The Proposed Annual Assessment against the Property (DRCDR01-03) is: 8.0 Acres x 1 A.U. Factor x $352.80 Rate Per A.U. = $2,822.40 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Thc rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land []se l/nit Ty,ne Units l/nits Factor I/nits Unit Revenu~ Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Multi- Family Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property (DRCDR01-03) is: 8.0 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $284.32 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 smnmarizes the assessment rate for Street Light Maintenance District No. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and Use Unit Type llnits llnit~ Factor l/nits 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 (DRCDR01-03) is: 8.0 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $411.20 Annual Assessment C-2 R A N H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Mark Brawthen, Contract Engineer SUBJEC'r: 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 DRC2001-00497, LOCATED ON THE WEST SIDE OF HERMOSA AVENUE, NORTH OF 6TM STREET, SUBMITTED BY AUTO FACILITIES REAL ESTATE TRUST 2001-1, A DELAWARE BUSINESS TRUST, OWNER RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DRC2001-00497, accepting the subject Agreement and Improvement Security, ordering the annexation to Landscape Maintenance District No. 3B and Street Lighting Maintenance District Nos. 1 and 6 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2001-00497, located on the west side of Hermosa Avenue, north of 6th Street in the General Industrial Development District (Subarea 5), of the Industrial Area Specific Plan, was approved by the Planning Commission on October 24, 2001 for the development of a 405,940 square foot building on 19.24 acres of land. The Developer, Oltmans Construction Company, together with Hogle-lreland, Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: CITY COUNCIL STAFF REPORT DRC2001~00497 February 20, 2002 Page 2 Faithful Performance Bond $94,700.00 Labor and Material Bond: $47,350.00 Copies of the agreement and security are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Property Owner are on file in the City Clerk's office. Respectfully submitted, Wilh~m J. O'Neil City Engineer WJO:MB:dlw Attachments Vicinity Map ~IIIIIIIIH ~II IIHI III L~ KrtllliiiiiJiii'iiiiiil i ~ ~/ I~ City of Rancho Cucamonga N 7~ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00497 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Oltmans Construction Company, Together with Hogle-lreland, Inc., hereinafter referred to as the developer, for the improvement of public right-of-way adjacent to the real property specifically d,~scribed therein, and generally located on the west side of Hermosa Avenue, north of 6"' Street; and WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property referred to as DRC2001-00497; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Security, which is identified in said Improvement Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES as follows: 1. That said Improvement Agreement be and the same is approvedandthe Mayor is authorized-toexecute-same on behalf of said City and the City Clerk is authorized to attest thereto; and 2 That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. RESOLUTION NO. A RESOLUTION OF THE CIT~ COUNCIL OF THE CIT~ 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 DRC2001- 00497 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 XlIID") 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 RESOLUTION NO. DRC2001-00497 February 20, 2002 Page 2 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 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 fodh 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: a. 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. b. 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 proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. 77 Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: AUTO FACILITIES REAL ESTATE TRUST 2001-1, A DELAWARE BUSINESS TRUST, OWNER The legal description of the Property is: LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, AND DESCRIBED AS FOLLOWS: PARCEL NO. 1.: THAT PORTION OF LOT 11, SECTION 14, TOWNSHIP 1 SOUTH RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT OF CUCAMONGA FRUIT LANDS RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, LYING WEST OF A LINE WHICH IS PARALLEL WITH AND DISTANT WESTERLY 659.20 FEET, MEASURED ALONG THE SOUTH LINE OF SAID LOT FROM THE CENTER LINE OF THAT CERTAIN UNNAMED STREET (NOW KNOWN AS TURNER AVENUE) SHOWN ON SAID MAP ALONG THE EASTERLY SIDE OF SAID LOT. EXCEPT THEREFROM FROM THE WESTERLY 17.00 FEET, MEASURED AT RIGHT ANGLES AS CONVEYED TO THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY BY INSTRUMENT RECORDED APRIL 19, 1967, 1N BOOK 6805, PAGE 985, OFFICIAL RECORDS OF SAIL COUNTY. PARCEL NO. 2: THAT PORTION OF LOT 11, SECTION 14, TOWNSHIP 1 SOUTH RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT OF CUCAMONGA FRUIT LANDS RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, LYING EAST OF A LINE WHICH IS PARALLEL WITH AND DISTANT WESTERLY 659.20 FEET, MEASURED ALONG THE SOUTH LINE OF SAID LOT FROM THE CENTER LINE OF THAT CERTAIN UNNAMED STREET (NOW KNOWN AS TURNER AVENUE) SHOWN ON SAID MAP ALONG THE EASTERLY SIDE OF SAID LOT. ABOVE AS AMENDED BY CERTIFICATE OF COMPLIANCE NO. 510, FOR LOT LINE ADJUSTMENT; DOCUMENT NO. 20020013307 RECORDED 01/09/02. THE ABOVE DESCRIBED PARCEL IS SHOWN ON SHEETS A-2, AND A-3 ATI'ACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT ASSESSMENT DIAGRAM LANDSCAPE lvlAIN'rENAIVCE DISTRICT NO. 3B sTREET LIGHTING lvIAI'NTENANCE DISTRICT NOS. 1 AND PER LLA MO. Doc..0,2~Z00,.307 , CURB LINE- ~I~' CITY OF RANCHO CUCAMONGA NORTH co,.,NTY o,~ sA~ s~'^T~: o~ CAU~o~,~ SHEET ~-Z. EXHIBIT ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT qO. 3B STREET LIGHTING MAINTENANCE DISTRICT ~k-AROH 1 DALD AVE. LOT ~l~ 3E, CTfON ~ 1-00~97 N£RMOJA AVENI.,tE W LEqF_ND ~ ¢86)0 L. lt?$V 5TRE£T LIGHT CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO .. , .i)ffczo01-oo:,/-~i STATE OF CALIFORNIA _ , , SHEET ~,,- S · ~ Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 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. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (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 commercial streets and traffic signals (or a portion thereof) on industrial or commercial streets generally south of Foothill Boulevard. B - 1 DRC2001-00497 ~/ Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: DRC2001-00497 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 4* ......... SLD # 6 3+ ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L 3B ......... 26+ *Existing items installed with original project + This DRC will add three(3) street lights off-site on 7t" Street cul-de-sac, and 26 street trees along the Hermosa Avenue frontage of the project. Assessmem Units by District Parcel Acres S 1 S 6 L 3B N/A 19.91 2 ...... 19.91 1 19.91 1 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 3B (COMMERCIAL/INDUSTRIAL): The rate per assessment unit (A.U.) is $352.80 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 3B (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and ll~e llnit Tyne l~nit~ Ilnit~ Factor I lnit.~ TInit Revenue Commflnd Acre 2063.86 1.0 2063.86 $352.80 $728,129.81 The Proposed Annual Assessment against the Property (DRC2001-00497) is: 19.91 x 1 A.U. Factor x $352.80 Rate Per A.U. = $7,024.25 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and ll~e lInit Tyne lTnit~ llnit~ Factor Ilnit~ llnit revenue, Parcel 18,894.00 1.00 18,894.00 $17.77 $335,746.38 Multi- Unit 6,563.00 1.00 6,563.00 $17.77 $116,624.51 Family Commercial Acre 2,245.47 2.00 4,490.94 $17.77 $79,804.00 TOTAL $532,174.89 The Proposed Annual Assessment against the Property (DRC2001-00497) is: 19.91 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $707.60 Annual Assessment C- 1 DRC2001-00497 i~ 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. 6 (Commercial/Industrial): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and ll~e llnlt Tyne l lnit~ I lnit~ Faetnr Ilnlt~ llnit Revenue Comm/Ind Acre 1,716.63 1.00 1,716.63 $51.40 $88,235.00 The Proposed Annual Assessment against the Property (DRC2001-00497) is: 19.91 Acres x 1 A.U. Factor x $51.40 Rate Per A.U. = $1,023.37 Annual Assessment C-2 DRC2001-00497 ~7'/ THE CITY OF ]~ANCIIO ClJ CAbi ON GA Slaff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF AN AGREEMENT FOR PLAN CHECK SERVICES RECOMMENDATION: It is recommended that the City Council approve amending Plan Check Consultant contracts of Dan Guerra and Associates, Aufbau Corporation and Amhiterra Design Group, to increase the hourly rate for fee supported plan check, due to cost of living expenses and authorize the Mayor to sign the Resolution approving same. BACKGROUND/ANALYSIS: Plan Check Consultants, Dan Guerra and Associates, Aufbau Corporation and Architerra Design Group, are requesting amendments to their existing contracts to increase the hourly rate due to cost of living expenses. These contracts have been in place for ten, three, and two years with no changes to their hourly rates. The cost of living increase affects the hourly rate only. The cost of plan checking wilt not be increased. These adjustments apply to special projects and work over and above the usual plan check costs. The contracted per sheet 'not to exceed' plan check amount will not increase. Contract numbers 92-013, 99-001 and 98-021, for Dan Guerra and Associates, Aufbau Corporation and Architerra Design Group, respectively, are required to modify their existing contracts in writing if a change is desired. These written requests are attached hereto as Exhibits 'A', 'B' and 'C' and are incorporated herein by this reference. CITY COUNCIL STAFF REPORT PLAN CHECK SERVICES February 20, 2002 Page 2 The following are the requested amendments: Dan Guerra and Associates contract hourly rates will change from: Current New Principal Engineer $92.00 $160.00 hourly Map & legal check $80.00 $115.00 hourly General research $75.00 $110.00 hourly Aufbau Corporation contract hourly rates will include a new line item: Current New In-house C.E. $70.00 $74.00 hourly Architerra Design Group contract hourly rates will change from: Current New Principal $85.00 $100.00 hourly Sr. Project Mgr. $65.00 $75.00 hourly Project Mgr. $50.00 $65.00 hourly CAD Draftsman $40.00 $55.00 hourly Clerical $30.00 $35.00 hourly Respectfully Submitted, William J. O'Neil City Engineer W JO:DJ:sc Attachment DAN GUERRA & ASSOCIATES 10271-B Tmdema~ S~et ~NCHO CUCAMONGA, CA 91730 F~ (~9) 941-1528 VVE ARE SENDING YOU ~ Attached [] Under separate cover via the following items: ~ [] Shop drawing§/\ [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] COPIES DATE NO. DESCRIPTION TI-IESE ARE TRAI~SMI I I ED as checked below: [] For approval [] Approved as submitted [] Resubmit. copies for approval ~.~F...~.~..y~T~..._~our use [] Approved as noted [] Submit copies for distribution /'D As re quested [] Returned for corrections [] RehJrn corrected prints [] For review and comment [] [] FOR BIDS DUE [] PRINTS RETURNED AFTER LOAN TO US REMARKS CITY OF RANCHO CUCAMONGA Plan Check Rates Fiscal Year 2001/2002 DAN GUERRA AND ASSOCIATES Principal Engineer $160.00flmur Tract Map/Parcel Map/Legal Description Checking $115.00/hour General Research Checking $110.00/hour Overtime rotes will be charged at 50% greater than the rates noted, upon authorization by the C y. EXHIBIT "A" PAGE 2 OF ~ Aufbau Consulting Engineers, Construction lnspec'don and Management Services January 3, 2002 City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Attention: Mr. Dan James Subject: Request for hourly rate adjustment Mark Bmwthen's services Dear Mr. James: By this letter, we would like to request an adjustment in the hourly rate of Mark Bmwthen from $70.00/hour to $74.00/hour. This hourly rate reflects the cost of living/ salary adjustment that Mark received in January of 2001, and his upcoming cost of living/ salary adjustment in January of 2002. Mark started his services with the City of Rancho Cucamonga in September of 2000. The above hourly rate will include the personal/company vehicle usage associated with the projects assigned to Mark. The rate would be effective fi.om the date of your approval of the above request, and will be good until July 1, 2004. We would like to take this opportunity to thank you again for the opportunity to be of service. Should you have any questions or comments, please do not hesitate to call. Sincerely, Vartan Vartanians Director of Engineering VVV/tbm CC: File EXHIBIT "B" 639 W. Broadway, Glendale, CA 91204 Tel: 818.240.3655 Fax: 818.240.Tg91L November 7, 2001 City of Rancho Cucamonga Engineering Division 10500 Civic Center Dr. LANDSCAPE Rancho Cucamonga, CA 91730 ARCHITECTURE Attn.: Laura Bonaccorsi, R.L.A. SITE PLANNING Associate Park Planner RE: Contract for Landscape Plan Check and Consulting Services Dear Mrs. Bonaccorsi: Architerra Design Group would like to continue our contract with the City for landscape plan check and consulting services. Attached is a revised contract for the above referenced services. Would you please modify your contract to reflect these changes and forward us a copy for our signature. Sincerely, Principal 10621 Church Street Suite 106 Rancho Cucamonga CA 91730 {909} 484-2800 Fax (909) 484-2802 EXHIBIT "C" PAGE 1 OF 2 Richard W. Krumwiede CA Lic. #2834 ?~) AZ Lic. #29115 NV Lic. #446 EXHIBIT "A" Charges will be billed with maximum charges as set forth below. MAXIMUM CHARGES ARCHITERRA DESIGN G~OUP 1. Reeular Landscape Architectural Plan Check: $240.00 per sheet 2. Rush Landscape Architectural Plan Check: $360.00 per sheet 3. Landscape plans and irrigation plans which occur on the same sheet shall be considered two (2) sheets and charged accordingly. 4. These charges will be effective thirty days from the City Council approval of the contract agreement. 5. The "LANDSCAPE ARCHITECT reserves the right to renegotiate billing and maximum charge rates on an annual basis. The above rates apply to those projects which take up to three plan check reviews of originally submitted plans. Design changes to the original submittal may require additional plan checks. If authorized by the CITY, additional plan checks will be billed at the hourly rates below submitted by consultant. Maximums for rush jobs will be 50% greater than the hourly rates noted. Consulting services xvill be at the hourly rate noted. Principal ~* ]00~'~'a ' -e~5.G$;l-I°ur Project Manager ~;-}.~'~ -$6-5:00~our M~~ ~ fi~-~' trS0~0/Hour Draftsman ~f ~,a~-, -$40~00/Hour Clerical ~ ~ t,-30:O0/Hour EXHIBIT "C" PAGE 2 OF 2 -6- RESOLUTION NO. ~)c,~- O,.~(~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT WITH DAN GUERRA AND ASSOCIATES, AUFBAU CORPORATION AND ARCHITERRA DESIGN GROUP, RESPECTIVELY, TO PROVIDE DEVELOPMENT PLAN CHECKING SERVICES WHEREAS, Dan Guerra and Associates, Aufbau Corporation and Architerra Design Group, contract 92-013, 99-001 and 98-021, respectively, were approved by City Council; and WHEREAS, Dan Guerra and Associates, Aufbau Corporation and Architerra Design Group have requested approval of amendment to their contracts to increase the hourly rate for fee supported plan check, due to cost of living expenses; and WHEREAS, said request is hereby approved and by this resolution the contracts are hereby amended as follows: Contract 92-013 with Dan Guerra and Associates new hourly rates are Principal Engineer $160.00 hourly, Map & legal check $115.00 hourly, and General research $110.00 hourly; and Contract 99-001 with Au~au Corporation new hourly rate is In-house C.E. $74.00 hourly; and Contract 98-021 with Architerra Design Group new hourly rates are Principal $100.00 hourly, Sr. Project Mgr. $75.00 hourly, Project Mgr. $65.00 hourly, CAD Draftsman $55.00 hourly, and Clerical $35.00 hourly. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that the contracts are hereby amended to increase the hourly rate for fee supported plan check, due to cost of living expenses, and the Mayor is authorized to sign this resolution. ENGINEERING DEPARTMENT Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council ,Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer ~ SUBJECT: APPROVAL OF A BILL OF SALE BETVVEEN THE CITY OF RANCHO CUCAMONGA AND VERIZON CALIFORNIA, INC. FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE LOWER HERMOSA AVENUE, PHASE 1, UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS BETVVEEN 4TH AND 8TM STREETS RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Bill of Sale between the City and Verizon California, Inc., and authorizing the City Clerk to attest and the City Engineer to sign the Bill of Sale, for the conveyance of the underground conduit and substructure facilities for Vedzon as part of the Lower Hermosa Avenue, Phase 1, Utility Underground and Street Light Improvements between 4ta and 8m Streets. BACKGROUND/ANALYSIS: The City's project to install conduit in conjunction with the Lower Hermosa Avenue Phase I project is nearing completion. Verizon has a requirement that the City convey to them the rights to their portion of the conduits before they will install their lines in the conduit. The attached Bill of Sale will convey those rights to Vedzon and relieve the City of any future maintenance responsibly for those conduits and related facilities. City Engineer WJO:JAD Attachments: Vicinity Map Resolution 24TH 5T ~NS~ RR ~Tn ~T NTS 4TH 5T ? R.OJ E CT ONTARIO CITY LIMIT CITY OF RANCHO CUCAMONGA L0r/ER HERMOSA AVENUE PHASE 1 UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS 4TH STREET TO 350' S/0 §TI-I STREET VICINITY MAP A RESOLUTION OF THE CITY COUNCIL Of THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A BILL OF SALE BETWEEN THE CITY AND VERIZON CALIFORNIA INC. FOR THE CONVEYANCE OF THE UNDERGROUND CONDUIT AND SUBSTRUCTURE FACILITIES FOR VERIZON AS PART OF THE LOWER HERMOSA AVENUE, PHASE 1, UTILITY UNDERGROUND AND STREET LIGHT IMPROVEMENTS BETWEEN 4TM AND 8TM STREETS WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration a Bill of Sale between the City of Rancho Cucamonga and Verizon California Inc. for the conveyance of the underground conduit and substructure facilities for Verizon as part of the Lower Hermosa Avenue, Phase 1, Utility Underground and Street Light Improvements between 4th and 8th Streets; and WHEREAS, the Bill of Sale will transfer title of the facilities over to Vedzon. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Bill of Sale be hereby approved and the City Engineer is hereby authorized to sign the Bill of Sale on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. R A N C H O C U C A M O N G A ~NGINI~E DIN G DEDADT~E~T DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Linda R. Beek, Jr. Engineer,,~ SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BONDS, ACCEPT MAINTENANCE BONDS AND FILE A NOTICE OF COMPLETION FOR TRACT 15871-1, SUBMITTED BY WILLIAM LYON HOMES, INC., LOCATED ON THE NORTHWEST CORNER OF DAY CREEK BOULEVARD AND VICTORIA PARK LANE RECOMMENDATION: The required improvements for Tract 15871-1 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bonds and accept Maintenance Bonds. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 15871-1, located on the northwest corner of Day Creek Boulevard and Victoria Park Lane, the applicant was required to complete improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bonds and accept Maintenance Bonds. Developer: William Lyon Homes, Inc. 4490 Von Karman Avenue Newport Beach, CA 92660-2008 CITY COUNCIL STAFF REPORT TRACT 15871-1 February 20, 2002 Page 2 Release: Faithful Performance Bonds 3SM 958 442 00 $1,462,900.00 3SM 958 443 00 410,900.00 Accept: Maintenance Bonds 3SM 958 442 00 146,290.00 3SM 958 443 00 41,090.00 Respectfully submitted, Williar'n J. O'Neil City Engineer WJO:LRB:Is Attachments TRACT' 15871-1 1 HILLSIDE lilLL8#IE WILSON BANi'AN N HIOHLANO UPLAND BAB£LINE . irONTANA · THE CITY OF' RAIg~HO CU~AMON(~A 4lb ONTARIO A RESOLUTION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE IMPROVEMENTS FOR TRACT 15871-1 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 15871-1, have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW THEREFORE, be it resolved, 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 County. R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Lucinda Hackett, Project Manag~ Richard Oaxaca, Engineering T~ SUBJECT: ACCEPT THE CONSTRUCTION OF THE MARINE AVENUE (HUMBOLDT AVE. TO 26TM ST.) AND 26TM STREET (CENTER AVE. TO HAVEN AVE.) PAVEMENT REHABILITATION, CONTRACT NO. 01-088 AS COMPLETE, RETAIN THE PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE THE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $127,546.88 RECOMMENDATION: It is recommended that the City Council accept the construction of the Marine Avenue (Humboldt Ave. to 26t~ St.) and 26th Street (Center Ave. to Haven Ave.) Pavement Rehabilitation, Contract No. 01-088 as complete, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a guarantee bond for one year, authorize the release of the Labor and Materials Bond in the amount of $113,983.34 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $12,754.69, 35 days after acceptance. Also, approve the final contract amount of $127,546.88. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $127,546.88, which included one contract change order resulting in a change in the original contract amount of 11.90%. The original amount approved by Council was $125,381.67 ($113,983.34 plus 10%). Resp/~e~tfully submitted, Vvilli~h J. 0 Nei~ City Engineer WJO:LH/RO:Is RESOLUTION NO. DD-055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE MARINE AVENUE (HUMBOLDT AVE. TO 26TM ST.) AND 26TM STREET (CENTER AVE. TO HAVEN AVE.) PAVEMENT REHABILITATION, CONTRACT NO. 01-088 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Marine Avenue (Humboldt Ave. to 26th St.) and 26t~ Street (Center Ave. to Haven Ave.) Pavement Rehabilitation, Contract No. 01-088, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the Cty of Rancho Cucamonga h.ereby resolves, that the work is hereby accepted and the City Engineer is authorized to s~gn and file a Notice of Completion with the County Recorder of San Bemardino County. R A N C H O C U C A M O N G A ]~ N CIN E E I~ I N C D E PAD T~IE ~ T SlaffReport DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer ~Z~'.~ Richard Oaxaca, Engineering Technician ;~ SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 3438954 IN THE AMOUNT OF $6,255.86, FOR THE HERMOSA AVENUE STREET AND STORM DRAIN IMPROVEMENTS ON THE EAST SIDE OF HERMOSA AVENUE 2000 FEET SOUTH OF WILSON AVENUE, CONTRACT NO. 00-068 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 3438954 in the amount of $6,255.86 for the Hermosa Avenue Street and Storm Drain Improvements on the east side of Hermosa Avenue 2000 feet south of Wilson Avenue, Contract No. 00-068. BACKGROUND/ANALYSIS: The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Contractor: 4-CON Engineering, Inc. 14771 Washington Drive P.O. Box 2217 Fontana, CA 92334-2217 Respectfull~ submitted, William J. O'Neil City Engineer WJO:JAD/RO:Is Attachments EXHIBIT "A" PROJECT N.T,S, HennosaAve, ~.aJtdStorm Drab Improvmeflts,EastSJde2OOOfeetS/ordsoflAve, VICINITY MAP R A N C H O C U C A M O N G A ~ ~GIN EI~I~IN G DEPAI~THE~T Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jerry A. Dyer, Associate Engineer ~ Richard Oaxaca, Engineering Technician~ SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND NO. 8161-44-71M IN THE AMOUNT OF $16,879.07, FOR THE BANYAN STREET AT FREDERICKSBURG AVENUE TRAFFIC SIGNAL AND WIDENING IMPROVEMENTS, CONTRACT NO. 00-051 RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release Maintenance Guarantee Bond No. 8161-44-71M in the amount of $16,879.07 for the Banyan Street at Fredericksburg Avenue Traffic Signal and Widening Imprevements, Contract No. 00-051. BACKGROUND/ANALYSIS: The required one-year maintenance period t~as ended and the street improvements remain free from defects in materials and workmanship. Contractor: Gentry Brothers, Inc. 384 E. Live Oak Avenue Irwindale, CA 91706 Re~sp~ctfully submitted,~ WilliaFn J. O'Neil City Engineer WJO:JAD/RO:Is Attachments /o5- EXHIBIT "A" PROJECT LIMITS ILT. S. BANYAN STREET AT FREDERICKSBURG AVENUE TRAFFIC SIGNAL AND WIDENING IMPROVEMENTS VICINITY MAP I I I I I I I I I i I ! ,) ...... ! I ¥[CTONJA GARDENS ! I i I I i ! I I i I I ! I I ! I I ! ! ! ! ! ! ! ! ! I I i I I ! I ! I I I ! I ! i I I ! ! ! I I ! I I 2, TH~ MASTER PLAN VINEYARDS ARBORS ! I ! I I I I I I ! I ! I II ! ! ! I ! I ! I I I I I I I I ! I I I I I I I I I I R~sidentia~ Area ! I I 1 II ! I ! I ! ! ! ! ! ! ! ! ! I ! I ! I ! I ! I ! ! ! ! ! ! I I ! I ! ! ! ! I ! ! I I ! I I i I I I ! I I I I I I I ! I I I I I I I I I I I I ! ! I I ! ! I i ! ! ! ! I I I I I I I I I ! ! ! ! ! ! I I i I I I I I I I I ! 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I II ! 1 1 1 l l l 1 1 1 TH E CITY OF I~AN C [10 C{J CAMONCA StaffRe rt DATE: February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP SUBTT15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A public headng to consider certifying the Final Environmental Impact Report (EIR) and approving the Statement of Facts and Findings and the Statement of Overriding Considerations for the proposed project known as Victoda Gardens, a Mixed Use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple-family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan and is generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APNs: 227-161-35, 36 and 38, 227-171-22 and 23, 227-201-30, 33, 35, and 36, and 227-211-24 and 39 through 43. RECOMMENDATION: The Planning Commission recommends that the City Council certify the Environmental Impact Report and adopt the Statements of Facts and Findings and Overriding Considerations through the adoption of the attached Resolution for the proposed Victoria Gardens project. BACKGROUND/ANALYSIS: On January 9, and continued to January 23, 2002, the Planning Commission conducted a public hearing to review the Environmental Impact Report (EIR) for the proposed Victoria Gardens Project. At the hearing, there was no input from the public other than a presentation of the project by the developer. After concluding the hearing, the Commission found that the EIR was prepared in compliance with the California Environmental Quality Act (CEQA) and unanimously recommended certifying the EIR as complete and adequate. The certification of the EIR will provide environmental clearance for the project where future discretionary actions for design review of buildings will be covered and will not require further environmental assessment. Because there are two environmental impacts that are unavoidable and significant, a Statement of Facts and Findings and a Statement of CITY COUNCIL STAFF REPORT EIR FOR VCPA 01-01, DA01-02, AND TPM SUBTT15716 FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 2 Overriding Consideration must be adopted before approving the project. The two unavoidable significant environmental impacts are Traffic and Air Quality. The attached January 23, 2002, Planning Commission staff report (Exhibit "B") provides a summary of the identified significant environmental impacts, the mitigation measures, and the unavoidable impacts. The Commission reviewed the unavoidable impacts of Traffic and Air Quality and determined that the economic and social benefits outweigh the adverse impacts. Therefore, the Commission unanimously recommended that the Council adopt the Statements of Facts and Findings and Overriding Considerations as shown in the attached Resolution before approving the project. FACTS FOR FINDING: The Planning Commission recommends the Council make the findings and conclusions as contained in the attached Resolution for Statements of Facts and Findings and Overriding Considerations. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted with 4-foot by 8-foot public hearing signs, and notices were mailed to all property owners within 600 feet around the project site. Respectfully submitted, Brad Buller City Planner BB:NF/jc Attachments: Exhibit "A" Final EIR (Document Transmitted Separately) Exhibit "B" Planning Commission Staff Report, dated January 23, 2002 Exhibit "C" Planning Commission Minutes, dated January 23, 2002 Exhibit "D" Planning Commission Resolution 02-19 recommending approval for certifying the EIR and adopting the Statements of Facts and Findings and Overriding Considerations Proposed City Council Resolution Certifying the EIR and Adopting Statements of Facts and Findings and Overriding Considerations FINAL EIR FOR VICTORIA COMMUNITY PLAN AMENDMENT 01- 01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL 15716 (DOCUMENT TRANSMITTED UNDER SEPARATE COVER) Exhibit "A" THE CITY OF !~AN CllO CUCAMONGA Staff Report DATE: January 23, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Nancy Fong, AICP, Senior Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP SUBTT15716 - FOREST CITY DEVELOPMENT-A public headng to consider certifying the Final Environmental Impact Report (EIR) and approving the · Statement of Facts and Findings and the Statement of Overriding Considerations for the proposed project known as Victoria Gardens, a mixed use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan and is generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. ABSTRACT: The project was continued from January 9, 2002, to this meeting at the request of the applicant. The purpose of this hearing is for the Planning Commission to review the report, receive testimony, and forward a recommendation of certifying the Environmental Impact Report (EIR) and adopting the Statement of Facts and Findings and the Statement of Overriding Considerations to the City Council. BACKGROUND: The project site is within the Victoria Community Plan where a regional mall was planned since the inception of the Community Plan in 1981. In November of 1984, a supplemental EIR was certified by the City Council for the development of a 1.2 million square foot traditional regional mall on 94 acres of land. Last year, the Redevelopment Agency assembled the planned regional mall site and the additional land area around it, and created an opportunity for planning a new regional center that will serve the City today and future generations. In July 2001, the City adopted a new General Plan where a Mixed Use designation was established for the regional center site. The purpose of the new Mixed Use designation is to stimulate and guide development in creating special urban places. Forest City Development Company, in partnership with Lewis Operating Company, will be developing this new 175-acre mixed-use regional center. The proposed PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT January 23, 2002 Page 2 regional center is known as the Victoda Gardens and envisioned to be the "new downtown" and "main street" for the City. The development scenado consists of a mixed use of retail, office, restaurants, entertainment, residential units, civic and cultural uses. Because of the change in the zoning to Mixed Use and an increase in the density of the project in acreage and square footage, a new Project EIR was required. ANALYSIS: A. Project EIR: The purpose of the Project EIR is to evaluate any significant impacts to the physical environment resulting from the development of a project, identify ways to avoid or lessen the impacts, identify alternatives, and promote public pa~cipation. Contents ofthe EIR become a planning tool and an information document for the Planning Commission and the City Council to use in considering the discretionary actions required for project approval. The EIR is also a public disclosure document available to agencies and the public for review and comment before consideration of project approval The certification of the Victoda Gardens Project EIR will provide environmental clearance for the project area. Future discretionary actions for design review of buildings will be covered and will not require further environmental assessment. B. EIR Process for Victoda Gardens; The EIR has been processed in compliance with the California Environmental Quality Act (CEQA): 1. Notice of Preparation (NOP): A NOP for the EIR was prepared by the City and distributed on March 7, 2001. The NOP, describing the proposed project and issues to be addressed, was distributed to the State Clearinghouse, responsible agencies, and other interested parties for a 30-day review pedod. The purpose of a NOP is to identify and determine the full range and scope of environmental issues of concern so that these issues could be fully evaluated in the EIR. Comments received dudng the NOP process have been addressed in the applicable sections of the EIR. 2. Public Scopin.q Meefin.q: The City held a Public Scoping Meeting at City Hall on April 3, 2001. Responsible agencies, property owners within 600 feet around the project site, and key community representatives were invited to attend the meeting. Only one business representative plus City staff and representatives of the consultant and the applicant attended the meeting. A Public Scoping Meeting is similar to a community open house where the proposed project was introduced to the public and comments were to be received. The one attendee did not raise any environmental issues. 3. Notice of Completion and Availability for Draft EIR: The Draft EIR was completed on September 21, 2001, and circulated according to CEQA requirements with the 45-day public review period ending On November 5, 2001. The Notice of Availability for the public review was advertised in the Inland Valley Daily Bulletin newspaper on December 21,2001. A copy of the Draft EIR was made available to the public at the City Planning Division and Library. A total of six agencies provided written comments on the draft EIR and one letter was received from an attomey representing three residents in the City. Our consultant, LSA, prepared responses to each environmental related comment received, which are included in the Final EIR. PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT January23,2002 Page 3 4. Miti.qation Monitodn.q Pro,qram (MMP): In compliance with CEQA, the City has prepared a monitoring program as shown in Exhibit "C." The MMP is a reporting program, which identifies each mitigation measure or the required changes in the project design that reduce the significance level of a particular impact. The MMP indicates responsibility and timing milestones for each mitigation measure. 5. Statement of Facts and Findin.qs and Statement of Overridinq Considerations. CEQA states that the City cannot approve any project for which an EIR was prepared, which identifies one or more significant impact, unless certain findings are made and statement of facts are considered. If the significant unavoidable environmental impacts result with a project, the City must balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits outweigh the unavoidable adverse impacts, the City may adopt a statement of its view that the significant unavoidable adverse impacts are acceptable because of overriding considerations. A Statement of Facts and Findings and a Statement of Overriding Considerations are prepared for this project as shown in the attached proposed City Council Resolution. C. Summary of Siqnificant Impacts and Miti.qations: This section summarizes those identified significant environmental impacts resulting from the proposed project and the mitigation measures being recommended to reduce the impact to an insignificant level. Other environmental issues or impacts identified with a determination of no mitigation are listed in the EIR. '1. Traffic: Impact: The project will have an increase in traffic. A Traffic Study (Congestion Management Program Traffic Impact Analysis - CMP/TIA) was prepared, which concludes that 28 intersections and freeway intemhanges, as well as 3 freeway segments, are impacted and will be operating at an unsatisfactory level of service with the development of the project at the projected years of 2007 and 2020. They are listed below. The CMP/TIA study also determined the fair share contributions to the impacts and the corresponding traffic fees for the improvements as mitigation measures that will reduce the impacts to an acceptable level. · 6 Intersections within Project Area: Day Creek Boulevard/Base Line Road Day Creek Boulevard/Victoria Gardens Lane Day Creek Boulevard/Foothill Boulevard Victoda Gardens Lane/Base Line Road Victoda Gardens Lane/Church Street Etiwanda Avenue/Chumh Street Mitigation: A Community Facilities Distdct (CFD) was formed recently to provide infrastructure improvements for both the Victoda Gardens regional center and the Victoda Arbors village. The infrastructure improvements include all the above listed intersections for the regional center and the developer is required to participate in the CFD. PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT January23,2002 Page 4 · 12 Intereections outside Project Area but within City: Archibald Avenue/Foothill Boulevard Haven Avenue/Base Line Road Milliken Avenue/Base Line Road Milliken Avenue/Foothill Boulevard Milliken Avenue/Arrow Route Milliken Avenue/4th Street Rochester Avenue/Arrow Route Day Creek Boulevard/Summit Avenue Day Creek Boulevard/Highland Avenue Etiwanda Avenue/Foothill Boulevard Etiwanda Avenue/Arrow Route Etiwanda Avenue/4th Street (San Bemardino Road) Mitigation: The developer is required to pay their fair share of trensportation fees in the sum of $296,181. However, the developer requested to pay the trensportafion fees for the EtJwanda/Foothill Boulevard intersection only ($67,720) and not pay the remainder mitigation fees because it would render the project financially infeasible for development. The developer has submitted a pre-forma economic projection of development cost and estimated returns for the project and independently reviewed by the City, which showed that the additional mitigation costs beyond the budgeted amounts in the pro-forma would make this prelect economically undesirable and the project would not be developed. The above-mentioned 11 intersections mitigations are not feasible and consequently the impact is significant and unavoidable and will be further discussed in Section D of this report. (See Exhibit "E") · 8 Freeway interchanges within City: Milliken Avenue/SR-210 Eastbound Ramps Day Creek Boulevard/SR-210 Westbound Ramps Day Creek Boulevard/SR-210 Eastbound Ramps 1-15 Freeway Southbound Ramps/4th Street 1-15 Freeway Southbound Ramps/Foothill Boulevard 1-15 Freeway Northbound Ramps/Base Line Road 1-15 Freeway Ramps/Base Line Road East Avenue/Base Line Road Mitigation: The mitigation is for the developer to pay their fair share of traffic fees in the sum of $4.8 million ($4,801,482). Approximately $4.54 million is for the 1-15 Freeway Ramps/Base Line Road and East Avenue/Base Line Road improvements. The City has committed to perform these improvements at no cost to the prelect. However, the developer requested to pay the traffic fees for the 1-15 Freeway Southbound/Foothill Boulevard ($86,807) but not to pay the remainder mitigation fees ($170,675) because it will render the project financially infeasible for development. The developer cited the same reasons as above. The above-mentioned 5 freeway interchanges mitigation are not feasible and consequently the impact is significant and unavoidable and will be further discussed in Section D of this report. //3 PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT January 23,2002 Page 5 · 2 Intersections Outside City: Etiwanda Avenue/Slover Avenue Chemj Avenue/Foothill Boulevard Mitigation: The developer is required to pay traffic fees in the sum of $63,224. · 3 Freeway Segments: 1-15 Freeway northbound between State Route 60 to Duncan Canyon Road 1-10 Freeway eastbound from Vineyard Avenue to 1-15 Freeway from Efiwanda Avenue to Cherry Avenue SR-210, from Carnelian Street to Day Creek Boulevard, from Cherry Avenue to East Avenue Mitigation: The fair share cost of the improvements for the above freeway mitigation is approximately $2.12 million. Currently, the improvements are under the authority of the State Department of Transportation (CALTRANS). There is no mechanism to collect the traffic fees to contribute to the improvement, there and there is no way to ensure that such fees are dedicated the specific freeway improvements. Further, the developer cited that the imposition of the mitigation will render the project financially infeasible for the same reasons as mentioned above. Consequently, the impact is significant and unavoidable and will be further discussed in Section D of this report 2. Noise: The EIR identifies that noise levels will be increased from the construction activities and from the increased traffic with the development of the project. Mitigation: The EIR finds that implementation of the mitigation measures listed in Exhibit "B" will reduce the impact to a level of insignificance. 3. Air Quality: The short term and long term air quality impacts as a result of the development of the project will exceed the South Coast Air Quality Management District (SCAQMD) Mitigation: The EIR finds that the short term impacts coming from grading and construction activities with mitigation cannot be reduced to an insignificant level, and the emissions from increased vehicular trip with mitigation will continue to exceed the SCAQMD threshold of significance. This is an unavoidable impact that will be further discussed in Section D of this report. 4. Schools: The project area is within the Etiwanda School District and Chaffey Joint Union High School District. Future residential development will cause an increase of 306 students. Mitigation: The developer will pay the statutory school fees to the two school districts subject to Government Code Section 65995 et. seq. PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT Janua~ 23,2002 Page 6 5. Police and Fire Services: The development of the project will place considerable demand on law enforcement and fire protection services. Mitigation: The EIR finds that the implementation of fifo protection mitigation measures will reduce the impact to an insignificant level. With respect to law enforcement service, the developer is roquirod to submit a Public Safety and Security Plan that identifies the safety services provided to the project by the developer, which will supplement the normal City Police Services. D. Unavoidable Impacts: As outlined in the section above, air quality and traffic aro the two environmental impacts that are significant and unavoidable. The EIR finds that the air quality will exceed SCAQMD thresholds of significance even with implementation of mitigation measures. With respect to the traffic impacts, the developer has submitted a pro- forma economic projection of the development cost with the estimated returns for the project, and independently reviewed by the City, which showed that the additional mitigation costs beyond the budgeted amounts in the pro-forma would make this project economically undesirable and the project would not be developed. As discussed previously, the City must balance the benefits of the proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits outweigh the unavoidable adverse impacts, the City may adopt a statement of its view that the significant unavoidable adverse impacts aro acceptable because of overriding concerns. A Statement of Facts and Findings and a Statement of Overriding Considerations has been prepared for Planning Commission review. E. AItematives Considered: As required by CEQA, a total of four altematives were evaluated. The "No Build" altemative is no development for the project site. The "Enclosed Mall" alternative include 1.5 million square feet for the core retail and the reduction to half of the residential, office and retail uses for the outlying areas around the coro. The "Increased Retail/Civic" altemative is to have all retail use and the same size civic use as the proposed project. The "Increased Residential" alternative is to have 100 acres for residential use with the remaining acres for retail, office, and civic uses. In comparing the alternatives to the proposed project, the EIR finds that the "Enclosed Mall" is environmentally superior because it is only 81 percent of the proposed project. However, the "Enclosed Mall" alternative is not a viable project in today's economic environment, according to the developer. It does not meet the objective of the "Proposed Project" in creating a successful and unique urban village that is within a regional retail environment, set in shady, landscaped streets with a feel of walkable main streets and striking mountain vistas. The City's vision in the General Plan and it's Economic Development Element is to create such a unique urban village as the proposed project. It will encourage and conveniently draw residents from the northerly Victoria Arbors Village, the community and the region who will enjoy a groat variety of activities from shopping to eating and relaxing. Therefore, the "Proposed Project" will become a major regional landmark that offers lifestyle choices not previously available in the City, strengthen the economic base of the City, minimize economic "leakage" to surrounding areas, and provide direct and indirect stimulation of other economic investments in the City. CEQA allows the City to balance the economic, social, or other benefits of a proposed project against its unavoidable environmental risks where the adverse impacts may be considered "acceptable." PLANNING COMMISSION STAFF REPORT EIR FOR VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST CITY DEVELOPMENT January 23,2002 Page 7 F. Conclusion: Based on the above analysis, staff concluded that the EIR has been prepared in compliance with CEQA. Staff also determines that the economic and social benefits outweigh the adverse impacts. To approve the proposed project, a Statement of Facts and Findings and a Statement of Overriding Considerations would need to be adopted by the City Council. 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. RECOMMENDATION: Staff recommends that the Planning Commission determine the Environmental Impact Report for Victoda Community Plan Amendment 10-01, Development Agreement 01-02, and Tentative Parcel Map SUBTT15716 to be complete and adequate and forward a recommendation to the City Council to certi~ the EIR and adopt a Statement of Facts and Findings and Overriding Considerations. City Planner BB:NF:mlg Attachments: Exhibit "A" - Project Area Map Exhibit "B" - Summary of Significant Impacts and Mitigation Exhibit "C" - Mitigation Monitoring Plan (MMP) Exhibit "D" - Final EIR (Document Transmitted Separately) Exhibit "E" - Letter from Applicant Resolution Recommending EIR Certification Proposed City Council Resolution Certifying the EIR and Adopting a Statement of Facts and Findings and Overriding Considerations ~ REGIONAL I~ALL Development Areas I OUTPARCEL$ EXHIBIT "Al" PROJECT AREA MAP /l ? TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCITY EXHIBIT "A2" MASTER SITE PLAN EIR FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL 15716 SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION Exhibit "B" Table 1.A - Environmental Snmm~ry of the Victoria Gardens Project Issues/Impacts Miti~ation Measures Analysis of Significance 4.1 TRAFFIC Less Than Significant Impacts Thc addition of project traffic tn year 2007 and year 2020 condltiena will not have a significant impact on the project No mitigation is required. access driveways on Day Creek Boulevard, Church Street, Victoria Gardens Lane, and Foothill Boulevard. Analyses of the project driveways under year 2007 with project and year 2020 with project conditions indicate that all project access driveways will operate with satisfactory levels of service based on the turn restrictions and stop conUol proposed as part of the project. Consequently, impacts at the proposed project driveways are considered to he less than significant. Potentially Significant Impacts Year 2007 ~Tth Project Intersection Conditions Impact 4.1.1 E!e':e.". Ten intersections are forecast to 4.1.lA The project shall make a fair share contribution Less than significant. operate below the LOS threshold (C for intersections to following improvements: entirely within Fontana, D for others) under year 2007 with · Day Creek Boulevasd/SR-210 Westbound Ramps project conditions in the a.m. and/or p.m. peak hour. These - Addition of a free southbound right turn lane. intersections are ss follows: · Day Creek Boulevard/Victoria Gardens Lane - · Day Creek Boulevard/$R-210 Westbound Ramps .............. r--r ...................... a fmc nmihbound right turn lane. Short eastbound · Victoria Gardens Lane/Church Street excen ohase will necessitate orohibition of · Etiwanda Avenue/Arrow Route oedestrian croasinn of Day Creek Boulevard on the south lea of this intersection.~ · i-15 Northbound Ramps/Base Line Road R:~CRO 13 I',Fissl EIR\Table I-A_Final4.do~ (12/19/01) 1-5 Table 1.A - Environmental Summary of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance · Cherry Avenue/FoothiJl Boulevard · Day Creek Boulevard/Foothill Boulevard - The project creates or con~butes to these unsatisfactory Addition of a free westbound right turn lane, which conditions, which is considered to bo a significant impact, will continue to become the free northbound right turn lane at Day Creek Boulevard/Victoria Gardens Lane. Conversion of one northbound left turn lane to a northbound through lane. Addition of a free northbound right turn lane, which will continue to become a dedicated right turn lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition nfs third southbound left turn lane. Conversion of southbound shared though/right tom lane to a dedicated southbound right turn lane. Modification of signal phnsin8 to provide right turn overlap phasing for southbound right turn movement. As an alternative to the overlan nhn~ieg, n free (uncontrolled) right turn for this movement would improve overall intersection operations slightly and permit eastbound U-tums, although a LOS calcalntico will show greater average delay for controlled movements. This signal will need to be operated "split phase" northbound and southbound to allow three southbound Innee to turn left. Coordination of signal timing with Day Creek Boulevard/Victoria Gardens Lane shall bo implemented to provide maximum uso of southbound green time. ~ g~nsider uedest~an crossinn of the enat lea of the intersection in order to connect n nedestrinn trail ffgm north to south. Short northbound throuoh ~een oh~e will renuire neclestrians esossint Foothill Boulevard on the east let of this intersection to cron to the median on one nhane nnd then continua on n subsoouent obese. A countdown nedestrian slenal and an eiaht-foot wide raised median to serve ns n m:destrian refute R:'~RO 13 I~Final EIR\Table I -A_Final4.dm: ( 12/I 9/01 ) m mmmm ~ m mmm mmm mm m m mmm mm ,.m m m .m m ~ m mm Table 1.A - Environmental Summary of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Si?lficance · Victoria Gardens Lane/Base Line Rand- Conversion of planned northbound shared through/right turn lane to u free right turn lane. Addition of a dedication eastbound right turn lane. · Victoria Gardens Lane/Church Strcct - Modification of signal phasing to provide right turn overlap phasing for northbound right turn movement. ·Etiwanda Avenue/Arrow Route - Addition of a second northbound through lane. · Etiwanda Avenue/Slover Avenue - Addition of a second southbound leR rum lane and a free westbound right turn lane. ::::.-.'J- -~.--~-b-:'-:.-.a- :~--.-"-'gh !=.-.:..'~..'.': .-:..-.'~g:t~._--:: · :.,'.'!t. .'r. ::.::~".: t~.: !r.':! cf :.-r..'.::: :t th!s th.- C.~.~' *-f F --'.".°-~ .".:': LO-e C · 1- I $ Southbound and Northbound Rarnos/Base Line Road - Freeway interchanae must~ reconstructed to include southbound and northbound Iooo on-famos. Plans for the reconstruction of this interchanue are currentl~v being nreoat~'d bv Calt~ans. SANBAG. and th~ this interchan~ze will include the reconstruction of the intersection of East Avenue and Base Line · Cherty Avenue/Foothill Boulevard - Addition of n second southbound leR turn lane. This mitigation will maintain the level of service at this intersection et its 2001 level, which did not meet the City of Fontana's LOS C standard. '~' R:~CROI 3 I~Final EIg\Table I-A_Final4.doc (12/19/01) 1-7 m m m m m mmmm m mm mm m m m m m m mm mm m Table 1.A - Environmental Snmm~ry of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance Year 2007 With Project Fi ~,,~y Conditions Impact 4.1.2 Three freeway segments are forecast to operate below the LOS E threshold under year 2007 with 4.1.2A The addition of the following freeway lanes There are no feasible mitigation measures for these project conditions in the a.m. and./or p.m. peak hour. would maintain freeway operations under year 2007 impacts. The impacts remain significant and These segments are as follows: with project conditions at acceptable levels of service: unavoidable. · Interstate 15 Northbound from Sumpa Street to l- I 0 · Interstate I$ from Jumpa Street to I-I 0 - Addition of one nar~hbound HOV lane. · Interstate I 0 Eastbound from Archibald Avenue to I- 15 · Interstate I0 from Archibald Avenue to 1-15 - Addition of one easthound mixed-flow lane. · Interstate 10 Eastbound from Etlwandn Avenue to Cherry Avenue. · Interstate I 0 from Etiwanda Avenue to Valley The project crostes or contributes to these unsatisfnctood Boulevard - Addition of one eastbound HOV lane. conditions, which is considered to be a significant impact. · Interstate I 0 from Valley Boulevard to Cherry Avenue - Addition of one eastbound mixed flow lane and one eastbound HOV lane. Year 2020 With Project Intersection Conditions Impact 4.1.3 Twenty .':L':.: _~ intersections are forecast to operate below the LOS threshold (C for intersections 4,1.3A The project shall make n fair share contribution Less than significant. entirely within Fontana, D for others) under year 2020 with to the following improvements: project conditions in the a.m. and./or p.m. peak hour. These intersections are as follows: · Archibald Avenue/Foothill Boulevard - Addition of n dedicated eastbound right turn lane, a · Archibald Avenue/Foothill Boulevard dedicated northbound right turn lane, and n second southbound left tam lane. · Haven Avenue/Base Line Road · Haven Avenue/Base Line Road - Addition of n · Milliken Avenue/SR-210 Eastbound Ramps third eastbound through lane and n second · Milliken Avenue/Base Line Road eastbound left mm lane. · Milliken Avenue/SR-210 Eastbound Ramps - · Milliken Avenue/Foothill Boulevard Addition of a free northbound right turn lane. · Milliken Avenue/Arrow Route · Milliken Avenue/Base Line Road - Addition ora · Milliken Avenue/4th Street third eastbound through lane and a third southbound through lane. · Rochester Avenue/Arrow Route · Milliken Avenue/Foothill Boulevard - Addition of · i-I 5 Southbound Rnmps/4th Steer a third eastbound through lane, a third and a fourth southbound through lanes, and a dedicated R:~CRG 13 l~iasl EIR\Table l-A_Final4.doc (12/19/01) 1-8 Table 1.A - Environmental S.mmnry of the Victoria Gardens Project Issues/Impacts Miti?tion Measures Analysis of Significance · Day Creek Boulevard/Summit Avenue southbound through lanes, and a dedicated · Day Creek Boulevard/SR-210 Westbound Ramps northbound right turn lane. · Day Creek Boulevard/SR-210 Eastbound Ramps · Milliken Avanue/Arrow Route - Addition of a second eastbound left turn lane, a third eastbound · Day Creek Boulevard/Highland Avenue through lane, and a fourth northbound through · Day Creek Boulevard/Base Line Road lane. · Day Creek Boulevard/Victoria Gardens Lane · Milliken Avanue/4th Street - Addition of a third southbound left turn lane. Modification of signal · Day Creek Boulevard/Foothill Boulevard phasing to provide right turn overlap phasing for · l-I 5 Southbound Ramps/Foothill Boulevard northbound right turn movement. · Victoria Gardens Lane/Base Line Road * Rochester Avenue/Ar;ow Route - Conversion of second northbound left turn lane to a second · Victoria Gardens Lane/Church Street northbound through lane. · Etiwanda Avenue/Church Street · I- 15 Southbound Ramps/4th Street - Addition of a free southbound right turn lane. Modification of · Etiwanda Avenue/Foothill Boulevard signal phasing to provide right turn overlap · Etiwanda Avenue/Arrow Route phasing for northbound right turn movement. · Etiwanda Avenue/San Bemardino Avenue · Day Creek Boulevard/Summit Avenue - Addition of dedicated northbound and southbound fight turn · Etiwanda Avenue/Slover Avenue lanes. · I-15 Southbound Ramps/Base Line Road · Day Creek Boulevard/SR-210 Westbound Ramps - · East Avenue/Base Line Road Construction of a loop off-romp for westbound SR- 210 traffic exiting south onto Day Creek · 1-15 Northbound Ramps/Base Line Road Boulevard. C~:..~' !.v:.-.'-'-'.n2'--': L!.':e R~ad * Day Creek Boulevard/SR-210 Eastbound Ramps - · Cherry Avenue/Foothill Boulevard. Addition of a free noflhbound right turn lane. Conversion of easthound shared left The project creates or contributes to these unsatisfactory tunVthmugh/right turn lane to a shared conditions, which is considered to be a significant impact, through/right turn lan~. · Day Creek Bou]evardatighland Avenue - Addition of dedicated northbound and southbound fight rum lanes. Conversion of westbound shared through/right turn lane to a dedicated right turn lane. Modiftcation of signal phasing to provide right turn overlap phasing for westbound right turn R:'~CRO 131 ~Final E1R\Table 1 -A_Final4.do~ (12/19101) 1-9 m m m m m m m m. m m m m m m mm m m m Issues/Impacts Table 1~-~-~- Environmental Summary of the Victoria Gardens Project Mitigation Measur-~--'~ Analysis of Significance · Day Creek Boulevard/Base Line Road - Addition ora second eastbound left turn lane nnd a second westbound left turn lane. · Day Creek Boulevasd/Victofia Gardens Lane - Addition ora free northbound fight turn lane. Short eastbound green phase will necessitate prohibition of pedestrian cmsslng of Day Creek Boulevard on the south leg of this intersection. · Day Creek Boulevard/Foothill Boulevard - Addition of a free westbound right turn lane, which will continue to become the free northbound fight turn Isoe at Day Creek Boulevnrd/Victofia Gardens Lane. Conversion of uae northbound left turn lane to a northbound through lane. Addition ora free northbound right tom lane. which will continue to become a dedicated right turn Isoe nt I-I 5 Southbound Ramps/Foothill Boulevard. Addition ora third southbound left turn lane. Conversion of southbound shared though/right tom lane to n dedicated southbound fight tum lane. Modification of signal phasing to provide right turn overlap phasing for southbound right turn movement. As an alternative to the ov~fln,~ p~ n free (uncontrolled) right tom for this movement would improve overall intersection operations slightly nnd pennlt eastbound U-tums, although a LOS calculation will show granter average delay for controlled movements. This signal will need to be operated "split phase" northbound sod southbound to allow three southbound Isoas to turn left. ~ ~d__e:.?_-. :.~_=L':g -': f F_':=t h'.'!! _n _-"_'!::.~_-d ':-n t~'._ · ' ' Short westbound through green phase will require pedestrians crossing Day Creek Boulevard on the north leg of this inte~ectioo to crass to the median on one phese and then continue on a subsequent phase. A countdown pedes~an signal ~md nn eight-foot R:~RGI 3 I~Final EIR~?able t-A_Fi~14.doc { 12/I 9/Or ) 1-10 m m m m m m m m m m m m mm m m m m m Table 1.A - Environmental Summary of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance · ust b' ' p)tcrsactioq~!_~ .-_-=_.~_-.-.~_~_ t-': =-d,:'.':_~ of ~-'-'=!!=b)e -".'~s--'.'.'t~ t!..~.:. Southbound left turn lanes must be side-by-side with the northbound left turn lane at Victoria Gardens Lane to provide sufficient queuing capacity for southbound left turn movements. (See Figure 4. I. 15.) ~!: d .-:'.'~.. :.".t'J-.":--st!on. Coordination of signal timing with Day Creek Boulevard/Victoria Gardens Lane shall be implemented to provide maximum use of southbound green consider t~desnian eraasinn of the east leu intersection in order to connect a nedestrien tr~j from north to south. Short northbound throuoh re'eeo nhase will reouire nedestriena .Foothill I~loulevard on the ea.nt lee of tll)! Intersection to cross to the fr~dinn on one and then continue on a aubseouent nhaae. A countdown t~scles~an Simlal and an eiaht-foot wide raised median to serve aa a nedeatrien reft,o,, must be orovlded in the eaat leu of the intersection~ ·1-15 Southbound Ramps/Foothill Boulevard. Addition of a free eastbound right turn lane· · Victoria Gardens Lane/Base Line Road - Conversion of planned northbound shared through/right turn lane to a free right turn lane. · Victoria Gardens Lune/Church Street - Addition of a second westbound le~ turo lane. Modification of signal phasing to provide right turn overlap phasing for northbound right turn movement. · Etiwenda Avenue/Church Street - Addition of a dedicated northbound left turn lane, resulting in a single left turn lane and a single shared through/right turn lane. Addition of a dedicated eastbound left turn lane, ~sulting in a single left R:kCRG 13 I~Final EIR\Table I -A Final4.doc ( 12/I 9/01} - m m m m mm m m m m m m mm m m mm m m m Issues/Impacts Table I.A - Environmental Summ~ry of the Victoria Gardens Project Mitigation Measures Analysis of Significance turn lane and a single shared through/right turn lane. Addition ora dedicated westbound )eft turn lane, resulting in a single left turn lane and a single shared through/right turn lane. · Etiwanda Avenue/Foothill Boulevard - Addition of a second southbound through lane, a second northbound through lane, and a second northbound left turn lane. Modification of signal phasing to provide right rum overlap phasing for the northbound right turn movement. · £tiwanda Avenue/Anrow Route - Addition of a second northbound through lane, a second southbound through lane, a second eastbound through lane, a second eastbound left turn lane, a second westbound left turn lane, and a dedicated northbound right turn lane. · Etiwanda Avenue/San Becnarthno Avenue - Addition of a second eastbound left turn lane. · Etiwanda Avenue/glover Avenue - Addition of a third and e fourth northbound through lane, a second eastbound left turn lane, a second southbound left turn lane, a second westbound left turn lane, and a free westbound right, turn lane. These mitigations will maintain the level of service at this intersection at its 2001 level, which did not meet the City of Ontsrio's LOS D standard. · I- 1 $ Southbound and Northbound Ramps/Base Line Road - Freeway interchange must bo reconstructed to include southbound and northbound loop en-ramps. Plans for the reconmuction of this interchange are cunently being prepnred by C. altrens, SANBAG, and the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. · East Avanuc~Base Linc Road - Mitigation at this R:'~CRGI3 I~Final EIR\Table I-A_Final4.doe (12/19/01) 1-12 Issues/ImpactsTable 1.A - Environmental Summary of the Victoria Gardens Project Mitigation Measures Analysis of Significance intersection i~ase Line Road interchange reconstruction. · Cherry Avenue/Foothill Boulevard - Addition ora second e~tbound left turn lane, a dedicated eaatbound right t.m lane, a second southbound left tarn lane, a dedicated northbound right turn lane, and a dedicated westbound right turn lane. These mitigations will maintain the level of service at this intersection at its 2001 level, which did not meet the City of Footana's LOS C standard. Year 2020 With Project Freeway Conditions Impact 4.L4 Six freeway segments are forecast to operate 4.1.4A The addition of the following freeway lanes Improvements to 1-10 and I-I 5 ara under the authority of below the LOS E threshold under year 2020 with project would maintain freeway operations under year 2020 Caltrans. However, there is no mechanism for conditions in the a.m. and./or p.m. peak hour. These with project conditions at acceptable levels of service: development project proponents to pay fees or make fair segments are as follows: · share contributions towards improving mainline freeway · Interstate 15 from SR-60 to Duncan Canyon Road lanes, and even if there were such a mechanism, there ia · Interstate 15 Northbound from SR-60 to Duncan - Addition of one northbound mlxed-flow lane and no way to ensure that such payments would be directed to Canyon Road one northbound HO¥ lane. a specific freeway improvement project. Consequently, · Interstate I 0 Eastbound from Vineyard Avenue to !- · Interstate I 0 from Vineyard Avenue to Archibald there are no feasible mitigation measures for these 15 Avenue - Addition of one eastbound mixed-flow impacts and the project's impacts on the freeways remain · Interstate 10 Eastbound from Etiwanda Aven.e to lane. significant and unavoidable. Cherty Avenue · Interstate l0 from Archibald Avenue to Milliken · Interstate I 0 Westbound from I- 15 to Milliken Avenue - Addition of two eastbound mixed-flow Avenue lanes. · State Route 210 Eastbound from Carnelian Street Day ' Interstate 10 from Milliken Avenue to 1-15 - Creek Boulevard Addition of two e~tbound mixed-flow lanes and one westbound mixed-flow lane. · State Route 210 Eastbound fi.om Cherty Avenue to East Avenue. · Interstate I 0 from Etiwanda Avenue to Chen'y R:'~CRG 13 I~Final EIR\TnbIe I -A_Final4,do¢ (12/19/01) 1-13 Table 1.A - Environ,mental Summ,ry of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance East Avenue. Avenue - Addition of two eastbound mixed-flow The project creates or contributes to these unsatisfactory lanes and one eastbound HOV lane. conditions, which is considered to be a significant impact. · State Route 210 from Carnelian Street to Day Creek Boulevard - Addition of one eastbound mixed-flow lane. · State Route 210 from Cherry Avenue to East Avenue - Addition of one eastbound mixed-flow lane. Less Thno Slgnlfleaut Impacts Parking Lot Activity. Representative parking activities, No mitigation required. such es customer conversing or door closing, would ganemte intermittent, maximum noise levels of approximately 60 dBA at :50 feet. This level of noise is much lower than that of the traffic on the area roads or the loading/unloading of trucks. Therefore. it is not anticipated that noise associated with the parking lot activities in the proposed commercial and office use areas will have any significant impact on off-site or on-site residences. Transportation to Construction Site Impacts. Transport No mitigation required. of construction equipment/materials to the project site and worker commute would incrementally increase noise levels on access roads leading to the site. Although there would be relatively high single event noise exposures (up to 87 dBA Lmas at 50 feet from passing trucks), when averaged over a longer period of time such as one hour or eight hours the effect in long-term ambient noise levels would be small and negligible. Therefore, short-term construction noise impacts associated with worker contrnute and equipment tnmspon would not result in significant adverse impacts on noise sensitive receptors along the acuass routes leading to the proposed project site. Cumulative impact~. The short-term construction noise No mitigation required. and long-term operational noise impacts (parking lot R:9:RO 131 ~Final F~R\Table I -A_Fina~4.doc ( 17./19/01 ) 1-14 Table I.A - Environmental Snmm~ry of the Victoria Gardens Project . Issues/Impacts Mitigation Measures Analysis of S;~,,iGcance activity, loading/unloading activity, and traffic noise) associated with the proposed project were determined to be less than significant. The proposed project's short.term const~uctian activity and on-site stationary sources ate !ocalized noise sources and would only affect land uses Immediately adjacent to the project site with direct line of sight of the project boundary. These noise sources are not considered cumulative. Construction and operations (excluding vehicular traffic) at other off-site locations .would not cumulatively add to project related noise tmpacts. Potentially Significant Impacts Impact 4.2.1. Noise levels from grading and other constroction activities for thc proposed project may range 4.2.1A Cons~rnction shall be limited to the hours of Less than significant up to 85 dBA Lmax at the closest planned residential uses 6:30 a.m. through 8:00 p.m. on Monday through to the north of the project site for very limited times when Saturday, excluding national holidays. No construction constroction occurs near them. Construction noise impacts shall be allowed on Sundays. of the proposed project would be potentially adverse. Therefore, mitigation measures would be required. 4.2.1B There shall be preper muffling of and maintenance of ail interoal combustion engines for construction equipment and vehicles used on the site. 4.2.1C All stationary noise generating sources, such as air compressors and portable power generators, shall be located as far away as possible from existing sensitive Impaet 4.2.2: There will be a significant increase in 4.2.2A Residential units located within 86 to 172 feet Less than significant project related traffic noise on Victoria Park Lane from of the centerline of Day Creek Boulevard shall be Base Line Road to south of Church Street. In addition, equipped with building facade upgrades, such as double proposed residential properties on the project site may be panad (or dual glazing) windows, and mechanical exposed to potentially significant traffic noise impacts, ventilation, such as an air conditioning system. ~--2.2-~ P-'"~--°':! '-'.--:~ L"c=t~ ;':::~:.': !72 f~; nft~.. R:~RGI 3 IWinal EIRXTable I .A_Final4.doc (I 2/I 9/0t ) 1-15 Table 1.A - Environmental Summary of the Victoria Gardens Project Issues/Impacts Mitigation~-~-~easures Analysis of Significance 4.2.2 ~ Residential units located within 364 feet of the ceetedine of Day Creek Boulevard or within 99 feet of the ceatariine of Chureh Street shall be equipped with mechanical ventilation, such as an air conditioning system. The following mitigation measures are required for off- site sensitive uses that would experience potentially significant project related traffic noise impacts: 4.2.2C Sensitive receptors located along Victoria Gardens Lane within the proposed Victoria Arbors Village may require a six foot sound wall if outdoor land uses fall within 77 feet of the roadway. A form of mechanical ventilation, such as air conditioning, will be required if the residences are within 165 feet of Victoria Gardens Lane. The following mitigation measure is required for outdoor on-site uses which may be exposed to project related traffic noise. 4.2.210 Outdoor plazas and dining areas shall incorporate features to mask or reduce noise generated from project related traffic. Specifically, the project design shall utilize water features (e.g. fountains), either alone, or in tandem with other noisc-reducing features (e.g., vegetative screening, slructural design), to reduce noise levels within outdoor gathering and dining areas. Impact 4.2.3: Noise levels from the truck delivery and 4.2.3A On-site residences located within 2:50 feet of Lass than significant. leading/unloading activities for the proposed project may any loading dock shall be equipped with mechanical range up to 61 dBA Lmax nt the closest residential uses ventilation, such as an air conditioning system. proposed on the project site. Noise impacts from the truck delivery and loading/unloading activities would be 4.2.3B In accordance with CRv Code Section 17.10.0S_0 potentially adverse, of the Perfornmaea Standards. no Ioedinn or unloodino R:'xCROl31~inal EIR\Table I-A Final4.doc (12/19/01) 1-16 - Table I.A - Environmental Smmmrna~cy of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance Cumulative Impacts. The cumulative study area for noise No mitigation is required. impacts is the portions of the Cities of Rancho Cucamonga, Fontana, Ontario and the unincorporated areas of the County ulsan Bemardino. The short-term construction noise and long-term operatioaal noise impacts (parking lot activity, loading/unloading activity, and traffic noise) associated with the proposed project were determined to be less than significant. The proposed project's short.term construction activity and on-site stationary sources are localized noise sources and would only affect land uses immediately adjacent to the project site with direct line of sight of the project boundary. These noise sources are not considered cumulative. Construction and operations (excluding vehicular traffic) at other off-site locations .would not cumulatively add to project related noise impacts. 4.3 AIR QUALITY Less than Significant Impacts Long Term Mlcroseale Projections. An assessment of No mitigation required. project related impacts on localized ambient air quality requires that future ambient air quality levels be projected. Because the proposed project would add new vehicular trips to future traffic volumes in the project vicinity, deterioration in the level of service at adjacent intersections would occur as a result oftbe proposed project. Localized CO hot spot analysis is required. At many receptor locations, there would be a reduction in the CO concentrations with implementation of the project. Because the composite CO levels would be below both the State and federal one hour and eight hour CO standards, these project related CO concen~ation increases are not considered sisnificant. ~'~ R:~CR613 l~Final EIR\Table I -A_Final4.do~ (12/19/01) 1-1 ? Table 1.A - Environmental SummnFy of the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance Potentially Significant Impacts Short-Term Construction Related Impacts · Impact 4.3.1: Peak grading and construction emissions 4.3.1A. The Construction Contractor shall select the Short-term construction emissions would exceed the would exceed the $CAQMD thresholds for the criteria construction equipment used on site based on Iow $CAQMD's daily thresholds for the criteria pollutants of pollutants of NOX and PMI0, which are 100 pounds per emission factors and high energy efficiency. The · NOx and PM:o. Emissions of other criteria pollutants day and 150 pounds per day, respectively. Emissions of Construction Contractor shall ensure that construction would be below the standards. Short-term construction other criteria pollutants would be below the standards, grading plans include a statement that all construction emissions would remain significant with implementation equipment will be tuned and maintained in accordance of mitigation measures. with the manufacturer's specifications. 4.3.1B. The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. 4.3.1C. The Construction Contractor shall ensure that construction grading plans include a statement that work crows will shut offequipraent when not in use. During smog season (May through October), the overall length oflbe construction period should be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4.3.1D. The Construction Contractor shall time the construction activities so as not to interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacent to the site; if necessary, a flagporson shall be retained to maintain safety adjacent to existing roadways. 43.1E. The Construction Conlsactor shall support and encourage ridesharing and transit incentivts for the constmction crew. 43.1F. Dust generated by the development activities shall be retained on site and kept to a minimum by R:~CRG 13 I~Final EIR\Table I -A..Final4,doc (12/19/01) l- 1 8 Table I.A - Environmental Snmmnry of the Victoria Gardens Project Issues/Impacts Mifiooaflon Measures Analysis of Significance following the dust control measures listed below. a. During clearing, grading, earth moving, excavation, or transportation of cut or fiH materials, water trucks or sprinkler ~stems shall be used to prevent dust from leaving the s~te and to create a crust after each day's activities cease. b. During constmetien, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the late morning and after work is completed for the day, and whenever wind exceeds I $ miles per hour. c. After clearing, grading, earth moving, or excavation is completed, the entire area of disturbed soil shall be treated immediately until the area is paved or otherwise developed so that dust generation will not occur. d. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust saneration. e. Trucks transporting soil, sand, cut or fill materials, and/or construction debris to or from the site shall be tarped from the point of origin. 4.3.1C. The Construction Contractor shall utilize as much as possible preeoated/natural colored building materials, weter based or Iow VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as a high volume Iow pressure (HVLP) spray method, or rannual coatings application such as paint brush, hand roller, trowel, spntula, dauber, rag, or sponge. '~ R:~CRG 13 l~Final £1R~Table I -A_Final4.doc (12/I 9/0 I) 1-19 Table 1.A - Environmental ~the Victoria Gardens Project Issues/Impacts Mitigation Measures Analysis of Significance Air Pollutants with Regional I~pacta Impact 4.3.2: Long-term air pollutant emission impacts 4.3.2A. The project shall comply with Title 24 of the are those associated with changes in permanent usage of California Code of Regulations established by the the project site. Area sources include on-site emissions Energy Commission regarding energy conservation such as natural gas consumption and emissions associated Standards. with consumer products. Mobile source emissions result from vehicle trips associated with the proposed project. 4.3.2B. Use of transportation demand measures (TDM), such as preferential parking for vanpooling/sarpooling, subsidy for transit pass or vanpooling/carpooling, flextime work schedule, bike racks, lockers, showers, and on-site cafeteria, shall be incorporated in the design of the commercial land uses. Prewire houses for elec~'ical charging EV cara, if InStall condmts for fiber ontlcsfor residential and noq residential uses. 4.3.2D. Install EV chargers or alternative fuel stations (natural gas) for community wide use at key commercial and public location(s). 4.3.2E. The developer shall contract with a mitigation monitor to assure compliance with and implementation of the mitigation monitoring program. C~ R:~CROI 3 I~Flnal EIR\Tabte l-A_Final4.doc ( 12/I 9/01 ) 1-20 Cumulative Impacts. The cumulative study area for air Mitigation proposed for the project will help reduce Significant and unavoidable. quality impacts encompasses the Basin, which is cumulative air quality impacts on the regional air basin designated nonattainment for ozone, PM 10, and CO. but will not reduce the cumulative impacts to a less than .Operational emissions associated with the proposed project significant level. m conjunction with build out of the City's General Plan will result in significant, cumulative air quality impacts within the Basin. Emission of NOX from construction of the proposed project would cumulatively contribute to regional ozone formation. Because the Basin is a nonattainment zone for ozone, this is a significant air quality impact. Emissions of criteria pollutants and fugitive dust from construction activity would result in mostly localized air quality impacts in the project vicinity. It is not anticipated that construction at other off-site locations would add to the project related localized air quality impacts. Both long-term stationary (on-site energy consumption) and mobile (vehicular traffic) sources would contribute to regional criteria pollutant emissions. Because the Basin is a nonattainmcot zone for ozone and CO, these emissions would cumulatively contribute to significant regional air quality impacts. 4.4 BIOLOGICAL RESOURCES Less than Significant Impacts Impacts to On-Site Drainage. A drainage course exists No mitigation is required. on site that is presumed to be jurisdictional non-wetland waters of the U.S., per previous studies conducted on a portion of the same drainage directly to the north in the Victoria Arbors project. A jurisdictional delineation will be conducted for the proposed project site to determine the limits and acreage of any waters subject to jurisdiction by the Corps under Section 404 of the Clean Water Act and CDFG under Sections 1601-1603 of the Califomia Fish and Game Code· Impacts to the drainage will not be considered significant due to the fact that the drainage is non-wetland weters and that the drainage is isolated from · other wetland waters. Adherence to measures set forth by all applicable permits will eliminate any ascociated R:~CRG 131 ~inal EIR\Table I -A_Final4.doc ( 12/19/01 ) ] -21 impacts. Impacts to Special Interest Species. The results of the No mitigation is required. literature review indicated the potential occurrence of 29 s.pe.ci? interest plant and animal species in the project vanmty. Of these 29 species, 21 are considered absent based on the lack of suitable habitat or based on focused survey results. Of the remaining 8 species, 2 are present, 2 are considered to have a moderate to high probability of occurrence, and 4 are considered to have a Iow probability of oecurrence. The special interest species occurring or potentially occurring on the project site include: · Plummecs mariposa lily (Calochortus plummerae) · PanT's spianflowec (Choriznthe parryi var. panyi) · Parish's desert thom (Lycium parishii) · San Diego horned lizard (Phrynosoma coronamm blainvillei) ·Orange-throated whiptail (Cnemidophon~s hypenhrus) · Western mastif bat (Eumops perotis cali£omicus) · Western burrowing owl (Athene cunicularia hypugea) · Bell's sage sparow (Amphispiza belli belli) San Bernardlno Kangaroo Rat (SBKR). The SBKR No mitigation is required. (Dipodomys merriami pervus) was emergency listed as endangered on January 27, 1998 (USFWS, 1998) and finnl listed on September 24, 1998. The site is within proposed critical habitat for this species. The habitat of the SBKR is described as being confined to primary and secondary alluvial fan scrub habitats, with sandy soils deposited by fluvial (water) rather than aeolian (wind) processes. The focused trapping survey for the SBKR revealed that the species does not occur on the project site. California gnatcatcher. The California gnatcatcber is a No mitigation is required. small insectivorous bird found almost exclusively within coastal sage scrub habitat f~om Los Angeles County south to upper Baja California. The Califomia gnatcotcber was R:~'RO 13 I~Finst E[R\Tnble I-A_Final4.doc (I 2/1910 I) 1-22 to upper Baja California. The California gnatcatcher was listed under the federal ESA as a threatened species on March 25, 1993. The site is not within critical habitat for the California gnatcatcher. The California gnetcatcher critical habitat is approximately one and a half miles to the northwest. The entire site was surveyed for the presence of the California gnatcatcher. The focused survey conducted for the California gnatcatcher revealed that the species is not present on the project site. Habitat Fragmentation~Vildllfe movement. Habitat No mitigation is required. fragmentation occurs when a single, unified habitat area is divided into two or more areas, such that the division isolates the two areas from each other. Isolation of habitat limits the free movement of wildlife from one portion of habitat to another, or from one habitat type to another. The wildlife movement on the Victoria Gardens site is mainly restricted to localized movements because linkages to surrounding habitats are limited by existing barriers, primarily major roadways (Foothill Boulevard on the south and the 1-15 on the southeast) and approved residential housing developments (to the noah and west). No wildlife corridor extends, or is in proximity, to the habitat of the proposed project site. The habitat on site is disjunct and in n highly urbanized area. Therefore, the proposed project will not result in significant impacts on wildlife movement routes or contribute to habitat fragmentation. Local And Regional Polleles/MSHCP. The proposed No mitigation is required. project would not conflict with any local policies or ordinances protecting biological resources. Local Ordinance Protecting Biological Resources. The No mitigation is required. City of Rancho Cucamonga has a e'en preservation ordinance to protect heritage trees, including all eucalyptus windrows and trees in excess of 15 feet in height. The windrows of eucalyptus trees and the individual eucalyptus tree in the center of the site fall under the definition of heritage trees. The tree ordinance allows for the removal of heritage trees by filing a Tree Removal Permit with the City Planner. Removal of the eucalyptus trces is not considered significant and no mitigation is required. RACRQI3 I~inal E~.\Table I-A_Finnl4.dm: (12/19/01) 1-23 However, the City may impose measures (such as replanting) as a part of the permit process that ruust be implemented. Sensitive Spesles Present or Habitat Present. Based on No mitigation is required. surveys, no federally or state listed threatened or end. angered species are present on site. Thus, there will bc no ~mpacts to federally or state listed threatened or endangered species, and no mitigation is required. Plant Comruunltles. Impacts resulting from thc project No mitigation is required. will incledc approximately $4 acres to disturbed Riversidesn alluvial fan sage scrub (RAFSS), approx!mately 20 acres to non-native grasslands, and approximately 100 acres of abandoned vineyards. The disturbed RAF$$ on site is not a contiguous block of habitat. The 54 acres of disturbed RAF$$ are distributed in ~wo locations on site, ranging from 7 to 47 acres. The patch of RAF$S in thc northern portion of the projecl site is adjacent to Victoria Arbors Village, an approved development site that will no longer sustain a RAFSS community. The lack of any threatened or endangered species further indicates the Iow habitat value of the site. Impects to RAFSS are not significant because of the degradation and isolation of the site. Wetlands. No wetlands are determined to be on site, per No mitigation is required. focused surveys with no detection of hydrophytic vegetation. Therefore, there are no impacts to wetlands and no mitigation required. Raptor Habitat, The golden eagle, red-shouldered hawk No mitigation is required. and burrowing owl were observed on site. While these species were observed foraging on site, due to lack of suitable nesting habitat (the red-shouldered hawk nests in dense riparian arecs and the golden eagle nests typically on cliffs, although may also nest in large trees in open areas), it is not likely that the golden eagle or the red-shouldered hawk nest on site. The eucalyptus trees are potentially nesting habitat, however, no nests (nor nesting behavior) were observed on site. The foraging area of these raptora is extensive; the golden eagle in southern California has a territorial and foraging area of approximately 36 sqanre R:\CRG 13 fxFinal EIR\Table I -A_Final4.do~ ( 12/I 9/01 ) 1-24 miles. The limited knowledge avuilable on the red- shouldered hawk home ranges points to a territorial and foraging area between 156 and 480 acres (in Michigan). Due to the extensive home range of these raptors, the loss of foraging habitat for raptors is not considered to be s significant impact. Cumulative Impacts. Thc study area between the No mitigation is required. proposed $R-30 and SR-60 Day Creek watershed (Figure 4.4.3) has approximately 2,300 acres of undeveloped land with similar habitat to the proposed project (active and abandoned vineyards). The 174 acres of the Victoria Gardens proposed project will contribute to the loss of approximately 8 percent of the undeveloped land in the erea. Other approved and proposed projects (including the Victoria Gardens project) within the study area will contribute to the loss of 612 of the 2,300 acres, or approximately 27 percent. Given the car~nt rate of development within the study .ar~, the accessibility to bi- or rtl-modal transit (railway, interstate, and airport), and the fact that the area is slated for development, it is reasonnble to predict that all 2,300 acres will be developed in the future. The 2,300-acre area has been historically used for agricultural purposes and is degraded habitat. Due to the degradation of the erea and the fmgmentstion of habitats by interstate freeways, state routes, and residential and industrial development, the loss of habitat (8 percent of the total undeveloped habitat) from the site is not considered significant. '~ R:~CRGI31~Finst EIR\Table I-A_Final4.do~ (12/19/01) 1=25 4.s ~ Less Than Significant Impacts ,The proposed project will have a less than significant No mitigation is required. ,repast on the Foothill Fieldstone Stockpiles since it docs not meet the criteria for listing on the California Register of Historic Resources. SCHOOLS Potentially Significant Impacts Impact 4.6.1. As a result of the overcrowding in the 4.6.1A. 'r,..~..~, ..... ~,~. k .... :.~ ........ ,- ............ -~ .............. : .~. Less than significant. classrooms of the Etiwanda and Chaffey School Districts, . ...... + ...:,s. =,:...~_.4_ o.,.~^, r~:..~ o ..4 ~ both have urged and continue to urge the City not to .~c -' ' ,-:r.~.~ u:.. e~..., n:..~.o .... a. approve development unless adequate school facilities are ~;*:-~o: ..... ~.:~o · ..... s., ..... development will generate more students for the already pc-+.'-.".!!:! .L--..~:'.= :_-cc'::-.a .,,~,~- .... ;. ~= ;. School mitigation plans would be enacted between the ...... ,..~ ..~. o^ r,... t-.....;, ....... ~ .c ,s. Etiwanda School District/Chaffey Joint High School ......... " ......... ' ......... ""' ......... "' p~j_~-t_.. The develooer shall oav statutory school f'e~s District and the project developer by providing a per the Etiwanda SchoolDistrict and Cbeft'ev Joint UnifilyI dwelling unit tee rate for the residential and rate per Eliuh School District subiect to the limitationq 0f square-toot of commercial development of the project site. Ooveroment Code Sections 66995 et Implementation of this mitigation would reduce impacts on schools to a less-than-significant level, Cumulative Impacts. As identified in the previously No mitigation is required, discussion, new development associated with Victoria Gardens would increase the demand on schools and the school districts' education services in the project vicinity. The proposed project would require additional staffing and facilities to accooanodate the proposed 600 multi-family residential units. However, implementation of identified mitigation measures would lessen the project's cumulative contributions to educational service impacts. In addition, nil other projects within the City will be required to adhere to the uniform Stute environmentul standards nnd evaluations set forth by the Califoroin Environmental R:\CROl3 I~Fiasl EIR\Table I-A_Finnl4.dec (12/19/01) 1-26 ,Quality Act (cEQA). Therefore, the pmpose~ project !mpacts is considered to be less than significant with ~mplementstion of mitigation mrasures. POLICE Potentially Significant lmpncts Impact 4.6.2. Development of the proposed commercial, 4.6.2A. A_* _~_.=,._..~_ !r. '.~: ~_-.-.~_.~=! p.:g.=.!.-~_=~::. ~.1 residential, or of~ce uses may increase the demand for ~ ...... , ~.. ,~.~ n~:~. r~ .... · ~. ,~-~ r-, ~ Less than significant police services, Additional police personal, facilities -~g=..:~ ::.".:--.':t =':.~ ;v-;'.-- *' .... :*;. ~a~_. ~ _ and/or equipment will be required to service any increased *.. ~.r ..... .r.~ .,. ~ . .......................... '-':: -/- :::!:'-:~ ~:--'~-.-':! :.".all demand for police services associated with development of ................ · SOo. ........ o ,- ............m:,~ the Victoda Gardens project, This impact s potentially mgnificant. -~:-c'-'r: ~.-:t_. F:_ .'~..=:'.':.-. _*: .-.'.: :~:!! ~: ~.~..: ,::,. ,_~: _- ~_=.:!_..;::. The develooet shall submit to the CRv n Public Safety ,~coritv Plan. which identifies the develoocr's intent to orovide safety services to the oroiec~ to auoolemen~ 4.6.211. To address the increased demand on Ci~ police se~ices resulting from the proposed project, an area within the retail center will be set aside for an on-site .~ police -"-'~.~:t~.:.': o~ce. Cumulative Impacts. The Victoria Gardens project would increase the demand of police protection in the area. No mitigation is required. However, the proposed project's impacts on police services were determined to be less than significant contingent upon the implementation of nil mitigation measures. As other development projects ate constructed citywide and in the vicinity oftbe proposed project, the City will be responsible for ensuring that adequate police service is provided. Tharefore, cumulative impacts associated with development of the proposed project are considered to be less than significant. ~*~ R:XCRGI31~Final ElR\Tnble I-A_Firml4,doc (12/19/01) 1-27 FIRE Less Than Significant Impact Thc Rancho Cucamonga Fire District has a standard No mitigation is required. response time threshold of five minutes, including call-in- time. Based on this standard, the maximum travel time would be three minutes. Due to the project's location relative to Stations 3, 4, and .fi, the site is anticipated to fall within the 5 minute response time criteria. Potentially Significant Impacts Impact 4.6.3. Construction of the proposed project will 4.6..tA. The developer shall join Community Facilities Less than significant. increase the demand on cur~nt Fire District forces and District (CFD) 85-1 to provide fire protection services available resources. Therefore, additional fire protection to the site. services will be required. Impacts, resulting from Victoria Gardens, on the City of Rancho Cucamonga Fire District's 4.6.3B. The developer shall install full, automatic fire fire services are therefore, potentially significant, sprinklers systems in all commercial/retail, office, civic and multi-family residential units in accordance with Rancho Cucamongn Fire District Ordinance No. 15 and Rancho Cucamongn Fire District Ordinance No. 22. 4.6.3C. The Fire District shall be consulted on street name assignments to assure compliance with response plans. Cumulative impncts. New development associated with No mitigation is required. the Victoria Community Plan built out would increase the demand for fire protection in the area and would require additional staffing and facilities to accommodate growth. However, implementation of identified mitigation measures would lessen the project's cumulative contributions to potential impacts relating to public fire protection services. Therefore, the proposed project's contributions to potential impacts on fire protection services is considered to be less than significant with implementation of mitigation measures. R:\CRG 13 I~Firzl EIR\Table l-A=Final4.doc (12/19/01) 1-28 WATER Less Than Significant Impacts it is anticipated that the future development will increase No mitigation is required. water production demands by approximately 68.8 mgd. These future demands will be met with an aggressive capital improvement program, which includes construction of transmission mains, well sites, increasing the reservoir s!omge capacities in all pressure zones, and increasing the ssze of the L. W. Michael Treatment Plant. Most of all of these facilities are slated for completion within the next 10- 15 years. The Dist]'ict is developing n reclaimed water pmgnun, which will utilized processed water from the Regional Plant No. 4 located at the southwest comer of Etiwanda Avenue and Sixth Street. The reclaimed water will provide service to major landscaping and recreationnl areas and many parkway and median island improvements. Cumulative Impacts. In conjunction with cumulative projects, the proposed development will increase water service demand to the City of Rancho Cucamonga by approximately 732.20-acre feet par year (654,000 gallons per day). The increased water demand associated with this proposed project is an increase of less than 2% of the current average total of water supplied by the District. CCWD supplies the majority water using both imported surface water and local groundwater and these water sources are expected to be available to meet service area water demand in the future. Any projects within the City will be subjected to all applicable environmental standards and evaluation set forth by the California Environmental Quality Act addressing project specific water service impacts. In addition, CCWD has anticipated increases in water demand and associated infrastructure in its water facilities and supply planning eff'orts. Therefore, the proposed project's contributions to potential cumulative water service impacts are considered to bc less than significant. ~ R:~CRGI31~Finst EIR\Tnble I-A_Final4.doc (12/19/01) 1=29 WASTEWATER Less thnn Slgnlflcnnt Impacts The proposed project will increase wastewater effluent No mitigation is required. flows to the Inland Empire Utilities Agency's treatment system. However the Inland Emp re Utilities Agency ' ndicates that there is sufficient wastewater capacity to treat the wastewatsr generation estimated for Victoria Gardens. While, the ultimate capacity of P,.P.-4 totals 7.0 mgd, on an average day, this facility treats approximately 4.4 mgd. Average daily surplus capacity at RP-.4 totals 2.6 mgd. Development oftbe Victoria Gardens project will result in the generation of approximately 277,200 gallons of wastewater per day. The volume of wastewater generated by the proposed project will amount to approximately 6% of the wastewatcr currently treated by RP-4 every day, less than 4% of RP-4's ultimate daily capacity, and less than I 1% of the plants average daily surplus capacity. If bypassed to RP-I, wastewater flows would amount to less than I% of this facility's current treatment load and ultimate daily capacity, and approximately 6.0% of the average daily surplus capacity at RP-Consequanfly, potential impacts associated with increases ofwastewater flows to local treatment which will occur with development of the Victoria Gardens project are considered less than significant. Cumulutive Impacts. The increase in wastewater No mitigation is required. generation associated with the construction of Victoria Gardens will elevate the demand for wastewater services from the Inland Empire Utilities Agency. Existing wastewater treatment facilities can accommodate the projected westewater genamted by the proposed project in combination with all other projects within the City. Existing and planned wastewater facilities are expected to be available to meet citywide wastewater generation in the future. Both RPI and RP-4 have adequate daily surplus capacity to accept westewater flows genamted from the proposed on-site uses; therefore, potential cumulative wactewater service impacts am considered to be less than significant. R:~CRG 13 I~insl EIR\Tsble I -A_Final4.doc (I 2/I 9/01 ) EIR FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL 15716 MITIGATION MONITORING PLAN (MMP) Exhibit "C" APPENDIX H MITIGATION MONITORING PLAN This mitigation monitoring plan has been prepared for use in implementing mitigation measures identified in the Environmental Impact Report for the Victoria Gardens project. This program has been prepared in compliance with the State law to ensure compliance with mitigation measures adopted for the project by the City of Rancho Cucamonga. Assembly Bill 3180 (Public Resources Code, Paragraph 201081.6), effective January 1, 1989, requires adoption of a reporting or monitoring program for those conditions of approval placed on a project to mitigate or avoid adverse effects on the environment. The law states that the monitoring or ~porting program shall be designed to ensure compliance during project implementation. Thc monitoring program contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action, such as plan review, may be used to verify implementation of several conditions of approval. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. Thc program has been designed to be flexible. As monitoring progresses, changes to com- pliance procedures may be necessary based on recommendations by those responsible for the program. If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program. R:\CRO 131 ~Firal EIR~V/idgation Mon Roring Plan Fina/.doc ( 12/21/01 ) H- 1 Mitigation Monitoring and Reporting Program Environmental Impact Report - Victoria Gardens Traffic to following improvements (Year 2007): · Day Creek Boulevard/SR-210 Westbound Ramps Applicant shall pay traffic fees Applicant shall pay - Addition of a free southbound right turn lane, to the City. the (air share City Engineer contribution for traffic mitigation in a sum of $149,631 to the City Engineer prior to issuance of building permit. · Day Creek Boulevard/Victoria Gardens Lane - Applicant shall participate in the Formation of CFD to City Engineer conversion of proposed westbound shared Community Facilities Dislrict be completed prior through/right turn lane to a dedicated left turn lane (CFD) that will construct this to issuance of and conversion of proposed dedicated westbound improvement certificate of right turn lane to a shared through/right turo lane, occupancy. resulting in three two westbound left turn lanes and a single shared through/right turn lane. Addition ora free northbound right turn lane. This signal will need to be operated "split phase" eastbound and westbound to allow three two westbound lanes to turn left. · Day Creek Boulevard/Foothill Boulevard - Applicant shall participate in the Formation of CFD to City Engineer Addition of a free westbound right turn lane, Community Facilities District be completed prior which will continue to become the free (CFD) that will construct this to issuance of northbound right mm lane at Day Creek improvement certificate of Boulevard/Victoria Gardens Lane. Conversion of occupancy. one northbound left turn lane to a northbound through lane, Addition of a free northbound right R:~CR.G 13 I~inst EIR~4itigntion Mon~o~ng PIm~ Final.doc (12/19/01) H-22 tu~ I~e, which will continue to become a ,: ...... ~}~ ~ i d~icat~ right turn lane at I-I ~ Southbound Ramp~oothill Boulevard. Addition ofa~i~ ~u~und leR turn lane. Conve~ion of ~uthbound shar~ though/~ght turn lane to a dedicat~ southbound ~ght turn lane. M~ifi~tion of signal ph~Jng to provide ~ght tu~ or.lap ph~ing for ~uthbound right ~m movement. As an alternative to the overlap ph~ing, a free (uncon~oll~) right turn for this movement would improve ove~ll inters~tion ope~tions slightly and ~it ~tbound U-tums, although a LOS calculation will show ~at~ avenge delay tot con~ll~ move~nts. ~is sigaal will ne~ to be o~l~ "~lit ph~e" no~h~und and ~uth~und to allow thee ~uthbound lan~ to ~m leR C~Jnation o[ signal timing with Day C~ek Boulev~ictoria Oa~ens ~e shall be impl~ent~ to prov de m~mum use of southbound g~en time. gignal timing must consider p~es~ crossing of ~e ~t leg of the int~s~tion in o~er to conner a ~es~i~ ~il from no~h to south. Sho~ no~h~und through g~ ph~ will r~uire ~des~s cm~ing Foothill Boulevard on the ~t leg of this int~section to c~ss to the m~ian on one ph~e ~d th~ continue on a sub~quent ph~e. A ~untdown p~e~rian signal and ~ eight-foot wide ~i~d m~i~ to ~e ~ a ~e~ ~fuge must be provided in the e~t leg of the intention. Victo~a O~ens ~B~ Line Ro~ - Applic~t shall pmicipate in the Fo~ation oFCFD to Ci~ Engin~ Conv~ion of pl~n~ no~und sh~ Co~uni~ Faciliti~ Dis~ct be complet~ p~or thmug~ght ~m lane to a fr~ ~ght turn I~e. (CFD) that will ~ns~ this to i~u~ of Addition ora d~ication ~und ~ght ~ I~e. improvement ~.ifi~te of o~up~cy. ~ R:~CRG 13 I~Final EIR~Mitigation Montorin$ Plan Final.doe ( 12/I 9/01 ) H-23 m m m m m m m m m m m m m m mm m m m m Applicant shall participate in the Formation of CFD to City Engineer · Victoria Gardens Lane/Church Street- Community Facilities District be completed prior Modification of signal phasing to provide right (CFD) that will construct this turn overlap phasing for northbound right turn to issuance of movement, improvement certificate of occupancy. · Etiwanda Avanue/Arrow Route - Addition of a Applicant shall pay Applicant shall make City Engineer second northbound through lane. transportation fees to the City. a fair sham contribution to traffic mitigation in the sum of $41,387 to the City Engineer prior to issuance of building permit. · Etiwanda Avenue/Slover Avenue - Addition of a Applicant shall pay traffic fees Applicant shall pay City Engineer second southbound left turn lane nnd a free to the City. the fair share westbound right turn lane. contribution for trnffic mitigation in a sum of $10,705 to the City Engineer prior to issuance of building permit · I-I 5 Southbound and Northbound Ramps/Base The City's intent is to fulfill this The City has City Engineer Line Road - Fn~eway interchange must be mitigation for all development, determined this to be reconstructed to include southbound and a public project. northbound loop on-ramps. Plans for the mennstruction of this interchange are currently being prepared by Caltrans, SANBAG, and the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. R:~CRGI31 ~Final EIR~litigstion Monlofin8 Plan Final.doc (12/19/01) H-24 · Cherry Avenue/Foothill Boulevard - Addition ora Applicant shall pay traffic fees The Applicant shall City Engineer second southbound left turn lane. This mitigation to the City. pay the fair share will maintain the level of servico at this contribution for intersection at its 2001 level, which did not meet h'affic mitigation in a the City of Fontena's LOS C standard, sum of $52,500 to the City Engineer prior to issuance of building permit. 4.1.3A Thc project shall make a fair share contribution to the following ~,~piuvements (Year 2020): Applicant shall make City Engineer · Archibald Avenue/Foothill Boulevard - Addition Applicant shall pay a fair share of a dedicated eastbound right mm lane, a lransponation fees to the City. contribution in a sum dedicated northbound right turn lane, and a of $29,167 to the second southbound left turn lane. City Engineer prior to issuance of building permit. .· Haven Avenue/Base Line Road - Addition of a third eastbound through lane and a second Applicant shall pay Applicant shall make City Engineer eastbound left turn lane transportation fees to the City. a fair share contribution to traffic mitigation in the sum of $31,201 to the City Engineer prior to issuance of building permit. · Milliken Avenue/SR-210 Eastbound Ramps - Addition of a free northbound right turn lane. Applicant shall pay t~affic fees Applicant shall make City Engineer to the City. a fair share contribution to tnfffic mitigation in the sum of $2,568 to the City Engineer prior to issuance of building permit. R:~CRG 13 IWinal ElR'~Mitiption Monto~ng Plan Final.doc (12/19/01) H-25 -- -- mm m m mm m m mm ~ m m m m m m m m mm · Milliken Avenue/Base Line Road - Addition ora The Applicant shall pay traffic The Applicant shall City Engineer third eastbound through lane and a third fees. pay the fair share southbound through lane. contribution for traffic mitigation in a sum of $27,950 to the City Engineer prior to issuance of building permit. · Milliken Avenue/Foothill Boulevard. Addition of Applicant shall pay The Applicant shall City Engineer a third eastbound through lane, a third and a transportation fees to the City. pay the fair share fourth southbound through lanes, and a dedicated contribution for northbound right turn lane. trnffic mitigation in a sum of $43,462 to the City Engineer prior to issuance of building ~..;L , · Milliken Avenue/Arrow Route - Addition ora Applicant shall pay The Applicant shall City Engineer second eastbound leR turn lane, a third eastbound transportation fees to the City. pay the fair share through lane, and a fourth northbound through contribution for lane. traffic mitigation in a sum of $13,097 to the City Engineer prior to issuance of building permit. I ® Milliken Avanue/4th Street - Addition of a third Applicant shall pay The Applicant shall City Engineer southbound leR turn lane. Modification of signal transportation fees to the City. pay the fair share phasing to provide right turn overlap phasing for contribution for northbound right turn movement, traffic mitigation in a sum of $6,539 to the City Engineer prior to issuance of · ~ R:~CRG 13 I~Final ElR~litigation Moldoring Plan Final.doc ( 12/19/01 ) H-26 building p~, · Rochester Avenue/Arrow Route - Conversion of Applicant shall pay The Applicant shall City Engineer second northbound left turn lane to a second transportation fees to the City. pay the fair share northbound through lane. contribution for traffic mitigation in n sum of $20,011 to the City Engineer prior to issuance of building permit. · 1-15 Southbound Ramps/4t~ Stroet - Addition ora free southbound right turo lane. Modification of Applicant shall pay traffic fees Applicant shall make City Engineer signal phasing to provide right turn overlap to the City. a fair share in the phasing for northbound right turn movement. amount of $7,061 prior to issuance of building permit. · Day Creek Boulevard/Summit Avenue - Addition Applicant shall pay The Applicant shall City Engineer of dedicated northbound and southbound right transportation fees to the City. pay the fair share turn lanes, contribution for traffic mitigation in a sum of $5,303 to the City Engineer prior to issuance of building permit. · Day Creek Boulevard/SR-210 Westbound Ramps Applicant shall pay traffic fees [Note: Applicant is City Engineer - Construction of a loop off-ramp for westbound to the City. making fair share SR-210 traffic exiting south onto Day Creek payment for this Boulevard. mitigation in its payment of $149,631 for mitigation measure 4. I. IA. The intent is not to duplicate the payment again for R:~CRG 13 IWinal EIR'~Mitigat ion Monio~ng Plan Final.doc (12/19/01) H-27 -- -- -- .m. mm m m .m m mm ~, m mm m ,~, m .m m mm 2020 impacts.] · Day Creek Boulcvard/SR-210 Eastbound Ramps Applicant shall pay traffic fees Applicant shall make City Engineer - Addition of a free northbound right turn lane. to the City. a fair share in the Conversion of eastbound shared {eft turn/through/right turn lane to a shared amount of through/right turn lane. $11,4 iS.prior to issuance of buHdlng permit. · Day Creek Boulevard/High{sod Avenue - Applicant shall pay The App{icant shall City Engineer Addition of dedicated northbound and southbound transportation fees to the City. pay the fair share right turn lanes. Conversion ofwastbound shared contribution for through/right turn lane to a dedicated right turn mane. Modification of signal phasing to provide traffic mitigation in a sum of $14,406 to the right turn overlap phasing for westbound right City Engineer prior turn movement. to issuance of building permit. · Day Creek Boulevard/Base Line Road - Addition Applicant shall participate in the Formation of CFD to City Engineer of a second eastbound left turn lane and a second Community Facilities Dis~ict be completed prior westbound left turn lane. (CFD) that will construct this to issuance of improvement certificate of occupsocy. · Day Creek Boulevard/Victoria Gardens Lane - Applicant shall participate in the Formation of CFD to City Engineer Addition of a free northbound right turn lane. Community Facilities District be completed prior Short eastbound green phase will necessitate (CFD) that will constmet this to issuance of prohibition of pedestrian crossing of Day Creek improvement certificate of Boulevard on the south leg of this intersection, occupancy. R:'d3RG 13 I~Final EIR'~vliligation Montodng Plan Final.doc (12/19/01) H-28 · Day Creek Boulevard/Foothill Boulevard - Addition of a free westbound right turn lane, Applicant shall participate in the Formation of CFD to which will continue to become the free Community Facilities District be completed prior northbound right turn lane at Day Creek (CFD) that will construct this to issuance of Boulevard/Victoria Gardens Lane. Conversion of improvement certificate of one northbound left turn lane to a northbound occupancy. through lane. Addition ofn free northbound right turn lane, which ~i[I continue to become a dedicated right turn lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition of a third southbound left turu lane. Conversion of southbound shared though/right turn lane to a dedicated southbound right turn lane. Modification of sigual phasing to provide right turn overlap phasing for southbound right turn movement. As an alternative to the overlap phasing, a free (uncontrolled) right turn for this movement would improve overall intersection operations slightly and permit eastbound U-tums, although a LOS calculation will show greater average delay for controlled movements. This signal will need to be operated "split phase" northbound and southbound to allow three southbound lanes to turn left. Short westbound through green phase will require pedestrians crossing Day Creek Boulevard on the north leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the north leg of the intersection. Southbound left turn lanes must be side-by-side with the northbound left turn lane at Victoria Gardens Lane to provide sufficient queuing capacity for southbound left turn movements (See Figure 4.1.15 in the EIR). Coordination of sigual timing with Day Creek Boulevard/Victoria Gardens Lane shall be implemented to provide maximum use of southbound green time. Signal timing must consider pedestrian crossing of the east leg of the R:~CR(313 I~Final EIR~Vlitigation Mantoting Plan Fi~Ldoc (12/19/01) H-29 intersection in order to connect a pedestrian trail from north to south. Short northbound through green phase will require pedestrians crossing Foothill Boulevard on the east leg of this intersection to crnss to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the east leg of the intersection. · 1-15 Southbound Ramps/Foothill Boulevard - Applicant shall pay traffic fees Applicant shall make Addition ora free eastbound right turn lane. to the City. a fair share in the City Engineer amount of $86,807 prior to issuance of building permiL · Victoria Gardens Lane/Base Line Road - Applicant shall participate in the Formation of CFD to City Engineer Conversion of planned northbound shared Community Facilities District be completed prior through/right turn lane to a free right turn lane. (CFD) that will construct this to issuance of improvement certificate of occupancy. · Victoria 0ardens Lane/Church Street- Addition Applicant shall participate in the Formation of CFD to City Engineer of a second westbound left turn lane. Community Facilities Dis~ict be completed prior Modification of signal phasing to provide right (CFD) that will construct this to issuance of rum overlap phasing for northbound right turn improvement certificate of movement, occupancy. · Etiwanda Avenue/Church Street - Addition of a dedicated northbound left turn lane, resulting in a Applicant shall participate in the Fommtion of CFD to City Engineer single left turn lane and a single shared Community Facilities District be completed prior through/right turn lane. Addition of a dedicated (CFD) that will construct this to issuance of eastbound left turn lane, resulting in a single left improvement eenificate of turn lane and a single sharnd through/right turn occupancy. lane. Addition of a dedicated westbound left turn lane, resulting in a single left turn lane and a sluglc sha~l thrnugh/right turn lane. R:~CRG 13 I~Final EIR'~dit igation Monlorin8 Plan Final.do~ (12/19/01) H-30 · Etiwanda Avanue/Foothill Boulevard - Addition of a second southbound through lane, a second Applicant shall pay traffic fees Applicant shall make City Engineer northbound through lane, and a second to the City. a fair share in the northbound left turn lane. Modification of signal amount of $67,720 phasing to provide right turn overlap phasing for prior to issuance of the northbound right rum movement building permit. · Etiwanda Avenue/Arrow Route - Addition of a [Note: Applicant is City Engineer second northbound through lane, a second Applicant shall pay making fair share · southbound through lane, a second eastbound transportation fees to the City. payment for this through lane, a second eastbound left turn lane, a mitigation in its second westbound lelt turn lane, and a dedicated payment of $44,387 northbouod right turn lane. for mitigation measure 4.1.lA. The intent is not to duplicate the payment again for 2020 · Etiwanda Avenue/San Bemardino Avenue, only Applicant shall pay traffic fees Applicant shall make City Engineer 25% in the City - Addition of a second eastbound to the City. left turn lane. a fair share in the amount of $10,344 prior to issuance of building permit. · Etiwanda Avenuc/Slover Avenue - Addition of a third and a fourth northbound through lane, a Applicant shall pay traffic fees [Note: Applicant is City Engineer second eastbound lel~ turn lane, a second · to the City. making fair share southbound lel~ turn lane, a second westbound left i payment t'or this turn lane, and a free westbound right turn lane. mitigation in its payment of $10,705 for mitigation mcosure 4.1.lA. The intent is not to duplicate the payment again for 2020 impacts.] R:'~CRG13 I',Final EIR~4itigalion Monforing Plan Final.do~ (12/19/01) H-31 · I- 15 Southbound and Northbound Ramps/Base The City has Line Road - Freeway interchange must be The City's intent is to fulfill this determined this to be City Engineer reconstructed to include southbound and mitigation for all development, a public project. northbound loop on-remps. Plans for the reconstruction of this interchange are currently being prepared by Caltrans, SANBAG, and the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconmuction of the intersection of East Avenue and Base Line Road. · East Avenue/Base Line Road - Mitigation at this See above See above intersection is included as par~ of I-1 S/Base Line Road interchange reconstruction. · Cherty Avenue/Foothill Boulevard - Addition of [Note: Applicant is second eastbound left turn lane, a dedicated Applicant shall pay traffic fees making fair share City Engineer eastbound right turn lane, a second southbound to the City. payment for this left turn lane, a dedicated northbound right turn mitigation in its lane, and a dedicated westbound right turn lane payment of $52,500 for mitigation measure 4.1.lA. The intent is not to duplicate the payment again for 4.2.1A Construction shall be limited to the hours of Applicant shall submit to the Prior to the issuance of City Building ~ 6:30 a.m. through 8:00 p.m. on Monday through City proof that the mitigation grading permits. Department Saturday, excluding national holidays. No measure listed is included in the construction shall be allowed on Sundays. construction documents with the developer's coat, astor. 4.2.1B There shall be proper muffling of and Applicant shall submit to the Prior to the issuance of City Building maintenance of all internal combustion engines for City proof that the mitigation grading permits. Department construction equipment and vehicles used on the site. measure listed is included in the construction documents with the developer's contractor. R:~'RG ] 3 I~Final EIR~Vlitigation Mordoring Plan FinaLdo~ (12/19/01) H-32 4.2.1C All stationary noise generating sources, such as Applicant shall submit to the · Prior to the issuance of City Building air compressors and portable power generators, shall City proof that the mitigation grading permits. Department be located as far away as possible from existing measure listed is included in the sensitive receptors, construction documents with the developer's contractor. 4.2.2A Residential units located within 86 feet of the Applicant shall submit to the Prior to the issuance of City Building centerline of Day Creek Boulevard shall be equipped City proof that the mitigation building permits. Department with building facade upgrades, such as double paned measure listed is included in the (or dual glazing) windows, and mechanical ventilation, building plans. such as an air conditioning system. 4.2.2B Residential units located within 172 feet of the Applicant shall submit to the Prior to the issuance of City Building centerline of Day Creek Boulevard shall be equipped City proof that the mitigation building permits. Department with building facade upgrades, such as double paned measure listed is included in the (or dual glazing) windows, and mechanical ventilation, building plans. such as an air conditioning system. 4,2.2C Residential units located within 364 feet of the Applicant shall submit to the Prior to the issuance of City Building centerline of Day Creek Boulevard or within 99 feet of City proof that the mitigation building permits. Department the centerline of Church Street shall be equipped with measure listed is included in the mechanien] ventilation, such as an air conditioning building plans. system. 4.2.2D Sensitive receptors located along Victoria The developer of the Victoria Prior to the issuance of City Building Gardens Lane within the proposed Victoria Arbors Arbors Village tTaet shall submit building permits. Department Village may require a six foot sound wall if outdoor to the City proof that the land uses fall within 77 feet ofthe roadway. A form of mitigation measure listed is mechanical ventilation, such as air conditioning, will included in the building plans. be required if the residencas are within 165 test of (Note: The approved TTI.~974 Victoria Gardens Lane. Victoria Arbors Village is conditioned to provide a six-foot block wall) 4.2.2E Outdoor plazas and dining areas shall Applicant shall submit to the Prior to the issuance of' City Building incorporate features to mask or reduce noise generated City proof that the mitigation building permits. Department from project related traffic. Specifically, the project measure listed is implemented in design shall utilize water features (e.g. fountains), the building plans. R:~CRG 13 I~Final ElR~Mitigation Montoring Pla~ Final.doc (12/19/01) H-33 either alone, or in tandem with other noise-reducing features (e.g., vegetative screening, structural design), to reduce noise levels within outdoor gathering and dining areas. 4.2.3A On-site residences located within 250 feet of Applicant shall submit to the Prior to the issuance of City Planning any loading dock shall be equipped with mechanical City proof that the mitigation building permits. Department ventilation, such as an air conditioning system, measure listed is implemented it the building plans. 4..2.3B In accordance with City Code Section Applicant shall submit to the On-going throughout the City Code 17. I 0.050 of the Performance Standards, no loading o~ City proof that the mitigation life of the project. Enforcement unloading activities, including truck idling shall occur measure listed is implemented in between the hours of I 0 p.m. to 7 a.m. within 250 feet the building plans. of any residential development. 4.3.1A. The Construction Contractor shall select the Applicant shall submit to the City Prior to the issuance of City Planning construction equipment used on site based on Iow proof that the mitigation measure grading permits. Depmment emission factors and high energy efficiency. The listed is included in the Construction Contractor shall ensure that construction construction documents with the grading plans include a statement that all construction developer's contractor. equipment will be tuned and maintained in accordance with the manufacturor'a specifications. 4.3.1B. The Construction Contractor shall utilize Applicant shall submit to the City Prior to the issuance of City Building and electric or diesel powered equipment in lieu of gasoline proof, that the mitigation measure grading permits. Safety Department powered engines where feasible, listed is included in the construction documents with the developer's contractor. 4..1.1C. The Construction Contractor shall ensure that Applicant shall submit to the City Prior to the issuance of City Building construction grading plans include a statement that proof that the mitigation measure grading permits. Depaax'ment work crews will shut off equipment when not in use. listed is included in the During smog season (May through October), the construction documents with the overall length of'the construction period should be developer's contractor. extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and R:~CR(313 I~inal £1R'~ditigation Monlofin8 Plan Final.dm: (12/19/01) H-34 -equip.,=.t operating at the same time. 4.3.1D. The Construction Contractor shall time the Applicant shall submit to the City Prior to the issuance oF City Engineering construction activities so as not to interfere with peak proof that the mitigation measure grading permits. Department hour traffic and minimize obstruction of thruugh traffic: listed is iocluded in the lanes adjacent to the site; if necessary, a flagperenn construction documents with the shall be retained to maintain safety adjaennt to existing developer's contractor. roadways. 4.3.1E. The Construction Contractor shall support and Applicant shall submit to the City Prior to the issuance oF City Building encourage ride, sharing and transit incentives for the proof that the mitigation measure grading permits. Depar[ment construction crew. listed is included in the construction documents with the developer's enn~n~tor, 4.3.1F. Dust generated by the development activities Applicant shall submit to the City Prior to the issuance of City Building shall be retained on site nad kept to a minimum by proof that the mitigation measure grading permits. Department following the dust control measures listed below, listed is included in the construction documents with the a. During clearing, grading, earth moving, developer's contractor. excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust niter each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep nil aseas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such aseas in the late morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c. After clearing, grading, earth mo~ing, or excavation is completed, the entire area of disturbed soil shall be treated immediately until the area is paved or othenvise developed so that dust generation will not occur. d. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to R:~CRG 13 I~Final EIR~¥1itigation Mon~oring Plan FinaLdoc (12/19/01) H-~35 e. Trucks transporting soil, sand, cut or fill materials, and/or construction debris to or from the site shall be tarped from the point of origin. 4.3.1G. The Construction Contractor shall utilize as Applicant shall submit to thc City Prior to the issuance of City Building much as possible presosted/natural colored building proof that the mitigation measure building permits. Department materials, water based or Iow VOC coating, and listed is included in thc coating transfer or spray equipment with high transfer construction documents with the efficiency, such as a high volume Iow pressure (HVLP) developer's contractor. spray method, or manual coatings application such as paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 4.3.2A. The project shall comply with Title 24 of the The applicant shall prepare and Prior to the issuance of City Building California Code of Regulations established by the submit to the City for review and building permits. Department Energy Commission regarding energy conservation approval development plans that standards, incorporate the listed Title 24 of the California Code of Regulations. 4.3.2B. Use of transportation demand measures The applicant shall prepare end Prior to the issuance of City Planning (TDM), such as preferential parking for submit to the City for review and building permits. Department vanpooling/cerpooling, subsidy for transit pass or approval development plans that vanpooling/cerpooling, flextime work schedule, bike incorporate the listed TDM racks, lockers, showers, and on-site cafeteria, shall be measures. City Building incorporated in the design of the commercial land uses. Department 4.3.2C. Prcwire houses for electrical charging EV cars, The applicant shall prepare and Prior to the issuance of n City Planning if feasible. Install conduits for fiber optics for submit to the City for review and certificate of occupancy. Department residential and non-residential uses. approval, development plans indicating the fiber optics mitigation. 4,3.2D. Install EV chargers or alternative fuel stations The developer shall prepare and Prior to the issuance of City Building (natural gas) for community wide use at key submit to the City for review and building permits for any Department commercial and public location(s), approval building plans that commercial building incorporate the listed mitigation and/or public facility. · H-36 R:'~CRG 13 I~Final EIR'~'vlitigation Monlofing plan Finnl.doc (12/19/01) 4.3.2E. The developer shall contract with a mitigation The developer shall submit to the Prior to the issuance of City Building monitor to assure compliance with and implementation ' City evidence that the developer grading permits. Department of the mitigation monitoring program, has contracted with a mitigation monitor to implement the ~ mitigation monitoring program. --~ 4.6.1A. The developer shall pay statutory school fees Proof of payment of the applicable Prior to the issuance of City Building to the Etiwanda School District and ChatTey Joint fees shall be provided to the City. building permits for an)' Department Unified High School District subject to the limitations of Government Code Sections 66996(e) and (h). residential development. 4.6.2A. The developer shall submit to the City a Public The developer shall submit a Prior to issuance of Engineering Safety and Security Plan, which identifies the Pub ic Safety and Security Plan to certificate of occupancy. Depertment developer's intent to provide safety services to the the City for review and approval. project. 4.6.2B. To address the increased demand on police The developer shall submit to the Prior to the issuance of City Building services resulting from the proposed project, an asea City for review and approval building permits. Department within the retail center will be set aside for an co-site building plans which shows an police office, area set aside for n police office within the retail center. Police Department. 4.6.3A. The developer shall join Community Facilities The developer shall provide Prior to issuance building Fire Dept. Dis~ict (CFD) 85-1 to provide fire protection services written proof that he/she has permits. Building & Safety to the site. joined the Community Facilities DeparUnent District (CFD) 85-1 for fire protection. 4.63B. The developer shall install full, automatic fire The developer shall submit to the Prior to the issuance of Fire Department I sprinklers systems in all commarcial/retail, office, civic City for review and approval building permits. and multi-family rssidentinl units in accordance with building plans that include Rancho Cucamonga Fire District Ordinance No. 15 automatic fire sprinkler systems. and Rancho Cucamooga Fire District Ordinance No. City Building 22. Depn~ment 4.6.3C. The Fire DistTict shall be consulted on street The developer shall provide Prior to the issuance Of Fire Depemnent R:~CRG 13 I~FJnnl EIR~Vfiti~ation Mon~oring Plnn Finst.doc (12/19/01) name assignments to assure compliance with written proof to the City that Final Maps. response plans, he/she has consulted with the City's Fire District City Building Department '~ R:'~CRG 13 I~inal EIR'~4itigation Monlor~n$ Plnn FinaLde~ (I 7-/19/0 t ) ~-]'~ EXHIBIT "D" Owner will pay all fees in effect on the effective date of this Agreement, except: A) For processing fees in Section III D of the Development Agreement; B) And, the City Transportation Development Fee will not be paid on the first 1.4 Million square feet of commercial development, excluding development on the eastern area which is bounded by Victoria Gardens Lane, Church Street, and 1-15, and provided that all development for which building permits are issued more than four (4) years after opening of the project shall pay the City Transportation Development Fee in the amount in effect on the effective date of this agreement. Jan-l?-02 05:24~a From-Forest City Oev. LA 12134689308 ?-267 P.002/003 F-648 ORESTCITY Colrn Nlacken Senior Vice President / Chief Development Officer 3anuary 17, 2002_ Hr. Brad Buller Planning Direcl:or ¢iLy of Rancho Cucamonga ~.0500 Civic Center Drive P.O. Box 807 P. ancho Cucamonga, CA 93.729 P.e; l_imitations of the Capadty of the Project to Underwrite or Guarantee Traffic Zmprovements Called for in the ETP. Dear Brad: The final environmental impact report for our project (FEIR) identifies the need for major improvements to 1-15 and 1-10 and other offsite traffic improvements respectively. At your request, Forest City has .consulted with its Economic Advisor, Nlan Kotin and has prepared this letter to indicate the limitations on the ability of the project to pay the costs of these improvements or, in the case of the offsite b3ffic improvements~ to guarantee their completion prior to the opening of the retail center. The following discussion addresses the costs and timing of traffic mitigation recommended in the EII1 and lays out the masons why Forest C'~y and the Project cannot accept the full responsibility for providing these recommended traffic improvements In the amounts and on the schedule recommended. Cost of Traffic Mitigation Requiring the developer to pay for traffic mitigation in excess of what is allocated to the project in the Draft FlifigaUon Monitoring Program and the Draft Cond~ons of Approval, however~ would render the project financiallY/infeasible for development A pro-forma economic proJecUon of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro-forma shows that the developer's antidpated "cash on cost" return is slightly less that the 3.2% return or "hurdle rate" ordinarily needed to induce a developer to move Forest City Development California, Inc., 949 South Hope Street, Suite 200, Los Angeles, CA 90015, (213) 488-0010, Fax: (213) 488-9308 //~ ~ Jan-1?-O2 05:ZSpm From-Forest City Dev. LA 12134899308 T-Z$? P.003/003 F-$48 Mr. Brad Buller .lanuary 17, 2002 Page 2 of 2 forward with a project of this type and scope. Accordingly, any additional cost, contribuUon or exaction beyond the amounts budgeted in the proforma would make the project an undesirable investment, and it would not be developed. The additional mitigation suggested by the EIR is not within the pre-forma budget. Possible Delay of Completion of Mitigation Measures Past the Opening Date of the Center Several of the mitigation measures for Traffic and CirculaUon impacts require the payment of a "fair share" conbibution by the project or completion of an improvement by the city or CFD, rather than requiring the project to pay the entire cost of the improvement or guaranty that it be installed and completed by the Ume the prejett opens. [f the remainder of the funding from other sources is not timely obtained, or if the imprevements are delayed for other reasons, the project may operate with addilJonal unmitigated traffic impacts. P, equidng the developer to pay any portion of this cost beyond its fair sharo for the mitigaUon being imposed, however, would render the project finandally infeasible for development- The pro-forma projection reference above and shared with the City's consultant shows that the developer's anUcipated 'cash on cost" return is slightly less that the 12% return or =hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost beyond the amounts budgeted in the prororma would make the project an undesirable invesb~ent and it would not be developed. In addition, construction financing and leasing practices for a large development like the project will require the project developer to commit to a an opening date for the projedrv and will not allow the opening to be postponed because of delays in funding or completing offsita traffic improvements. Opening dales are cr'Ydcal ~o retailers. Because of this, lenders and tenants aro consistently unwilling to accept delays in opening contingent on completion of improvements outside the direct control of themselves or the developer of the center. Consequently, the above staled mitigation measures are not feasible, and will not be imposed. [ trust that this letter and reasoning provided will be satisfactory to the Ob/. If there are further questions or discussions, please feel free to contact me. Sincerely, Colm Macken Sr. Vice President Motion: seconded by Macias, to issue a Negative Declaration and adopt the resolutions approving Map SUBTr16257 and Conditional Use Permit DRC2001-00557 v lighting requirements and provide for City Planner approval of the wall, sidewalk and trash en, and underground utility connections. Motion carded by the following vote: AYES: MAClAS, MANNERINO, MCNIEL, STEWART NOES: NONE - carried ,.~ F. ENVIRONMENTAL IMPACT REPORT FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP SUBTI'15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. -A public headng to consider certifying the final Environmental Impact Report (EIR) and approving the Statement of Facts and Findings and Overriding Considerations for the proposed project known as Victoria Gardens, a mixed use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan and is generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west -APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. G. ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-02_ FOREST CITY DEVELOPMENT CALIFORNIA, INC.- A request to establish a Development Agreement and the detailed review of a master plan for a project known as Victoria Gardens, a mixed-use development consisting of approximately2.45 million square feet of retail, office, and civic uses, as well as 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west -APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201- 30, 33, 35, and 36; and 227-211-24 and 39 through 43. Related files: Victoda Community Plan Amendment 01-01 and Tentative Parcel Map 15716. H. ENVIRONMENTAL IMPACT REPORT AND VICTORIA COMMUNITY PLAN AMENDMENT 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. -A request to amend the Victoria Community Plan by changing the land use designation from Regional Center to Mixed Use and modifying various text sections and graphics in the Community Plan to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. Related files: Development Agreement 01-02 and Tentative Parcel Map 15716. I. ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUBTT15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to subdivide approximately 147acres of land into 97 parcels and 39 lettered lots (private and public streets) to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; and 227-201-30, 33, 35, and 36. Related files: Development Agreement 01-02 and Victoria CommunityPlan Amendment 01-01. Planning Commission Minutes -10- January 23, 2002 Nancy Fong, Senior Planner, presented the staff report with respect to the Environmental Impact Report and indicated the latest version of the Mitigation Monitoring Plan was in front of the Commissioners as well as pages to indicate that the Etiwanda Avenue/Foothill Boulevard and Etiwanda Avenue/San Bemardino Avenue (4th Street) intersections would be switched from the unavoidable impacts section to be mitigated. Brent Le Count, Associate Planner, presented the staff report with respect to the Development Agreement, Victoria Community Plan Amendment, and Parcel Map. He suggested revisions to the resolutions to clarify conditions of approval with respect to what had been agreed to by staff and the developer. He also indicated there ~ere slight text changes to the Master Plan text in front of the Commissioners. Commissioner Stewart asked for clarification regarding automobile sales and service uses on Main Street and coin operated car washes on Route 66. She did not recall any discussions regarding those uses. Mr. Le Count responded that it was his understanding that the applicant would be willing to accept a requirement that coin operated car washes be a conditional use as opposed to being a permitted use but he thought theywere adamant about keeping them as a use. Chairman McNiel opened the public hearing. Colm Macken, Forest City Development, 949 South Hope Street, #200, Los Angeles, expressed thanks for the opportunity to appear before the Commission. He introduced Randall Lewis of Lewis Operating Company;, Frank Fuller and Yahn Taylor of Field Paoli (Master Plan and architects); David Birksen of SWA Landscape Architects; civil engineer Start Morse; attorney Josh Gottheim of Brand, Winfield and Canasari; Victor Grgas of Forest City;, and consultant Steve Wessen. He thanked City staff for input and working with them. He noted they appeared before the Design Review Committee on four occasions and said its comments and suggestions were helpful and were incorporated into design modifications for the project. He felt they had addressed cencems raised bystaff and the Design Review Committee and made modi~cations to the planning and design when needed. Frank Fuller, Principal, Field Paoli ga~e a PowerPoint presentation on the Master Plan. Hearing no further testimony, Chairman McNiel closed the public hearing. Commissioner Stewart asked for clarification regarding automobile sales and service uses on Main Street as conditionally permitted uses and coin operated car washes on Route 66 as a permitted use, Mr. Macken said that such uses would be more likely to occur in the Route 66 area or the eastern area. He did not think it ~ould occur in the Main Streets area. Commissioner Stewart said she could not envision such uses in the Main Streets area. Victor Grgas, Forest City Development, observed that Paragraph 4.3a-1 listed uses that should not be included in the Main Streets area. Brad Buller, City Planner, stated that the intent of 4.3a-1 was to not allow such uses. Chairman McNiel asked if the intent was to delete the use from Main Streets but not to preclude it from other areas. Mr. Macken confirmed that was their intention. Planning Commission Minutes -11- January 23, 2002 /~ Chairman McNiel stated that if it were struck from Main Street, he felt a conditional use permit would be appropriate in any other location in the City. Mr. Buller questioned the intent of Paragraph 4.3c with respect to the Route 66 area. Commissioner Mannedno thought it meant theyare not permitted at all. Kevin Ennis, Assistant City Attorney, suggested that the ambiguity could be resolved by revising 4.3a-1 to read that automotive sales and services uses shall not be permitted. Chairman McNiel agreed. He reopened the public headng. Mr. Macken said that one of the department stores they are talking to has a tire, battery, and accessory facility and they would like to be able to include it in the Main Streets area with a conditional use permit. He stated there is not one currently in the plan, but they wanted to be able to accommodate such an au~liary use. Mr. Buller suggested adding that they would not be permitted unless ancillary to a major retail user, subject to a conditional use permit. Chairman McNiel said that would be acceptable. Mr. Macken concurred. Mr. Bullet asked for clarification regarding car washes in the Route 66 area. He believed it is likely that there may be an automated car wash in conjunction with a service station. He was not sure of the Commission's feelings regarding a coin-operated car wash in that area~ He asked if the applicant wants automotive sales and service uses and car washing facilities in that area. Mr. Macken stated they do not currently have such a user, but he felt confident there will be some sort of car wash. Chairman McNiel felt the uses need to be defined. He felt the applicant probably was probably looking for a service station with an attached car wash or an integrated car wash as opposed to a transmission service facility. Mr. Macken said they do not know what those uses would be as yet. Commissioner Mannerino felt that a transmission service use may have a good-looking facility and a conditional use permit would allow the City to apply appropriate conditions. He felt automotive uses would be appropriate on Route 66. Chairman McNiel agreed. Mr. Bullet suggested changing Paragraph 4.3c2 to indicate that automotive sales and service uses including car washing would be subject to a conditional use permit. Chairman McNiel felt that was good. Mr. Macken indicated that would be acceptable. Chairman McNiel again closed the public hearing. He noted that within the PowerPoint presentation, there was an exhibit that shows two major signs along the freeway. He noted there had been some discussions regarding those signs and he made his position clear that he was not in Planning Commission Minutes -12- January 23, 2002 favor of allowing the second sign because he does not want the appearance of billboards running down the freeway. He wanted to be sure it was clear that the second sign is not approved merely because it was in the presentation. Motion: Moved by Mannedno, seconded by Stewart to adopt the resolution recommending approval of the Environmental Impact Report for Victoria Community Plan Amendment 01-01, Development Agreement 01-02, and Tentative Parcel Map SUBTT15716 and adoption of the Statement of Facts and Findings and Overriding Considerations as amended by staff. Motion carded by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carded Motion: Moved by Mannedno, seconded by Stewart, to adopt the resolutions recommending approval of Development Agreement 01-02 and Victoria CommunityPlan Amendment 01-01 and approving Tentative Parcel Map SUBTT15716 with modifications recommended by staff and clarification of the wording in the Master Plan with respect to automotive uses. Motion carded bythe following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carded Chairman McNiel stated the communitydeserves the best and he was sure the applicant will live up to the promises made. The Commission recessed from 9:26 p.m. to 9:32 p.m. J. CONDITIONAL USE PERMIT DRC2001-00778 - LEWIS APARTMENT request to construct a temporary modular recreation building View Apartments (Tract 12365) in The Medium-High Residential District ~ ~g units per acre) of the Terra Vista Community Plan, located at the southwest and Terra Vista Parkway - APN: 1077-651-07. Debra Meier, Contract Planner, presented the Chairman McNiel asked for confirmation that ti building would be removed within one year. Chairman McNiel opened Christopher Greiner, I Apartment Communities, thanked staf for its assistance. He said the modular until will al get a jump-start on their after-school programs. He hoped the trailer will not be )ear. Chairmal ;I asked if it will be handicapped accessible. ne~ner confirmed that it will. no further testimony, Chairman McNiel dosed the public headng. Planning Commission Minutes -13- January 23, 2002 /7/ RESOLUTION NO. 02-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#20010301028) AND APPROVE THE STATEMENT OF FACTS AND FINDINGS AND OVERRIDING CONSIDERATIONS FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP 15716, FOR A PROPOSED PROJECT KNOWN AS VICTORIA GARDENS, A MIXED USE DEVELOPMENT CONSISTING OF APPROXIMATELY 2.45 MILLION SQUARE FEET OF RETAIL, OFFICE, AND CIVIC USES, AND UP TO 600 RESIDENTIAL UNITS ON APPROXIMATELY 175 ACRES OF LAND, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-161-35, 36 AND 38; 227-171-22 AND 23; 227-201-30, 33, 35, AND 36; AND 227-211-24 AND 39 THROUGH 43. A. Recitals. 1. A Final Environmental Impact Report (EIR) for Victoria Community Plan Amendment 01-01, Development Agreement 01-02, and Tentative Parcel Map SUB'I-r15716 entitled "Final Environmental Impact Report, Victoria Gardens Project, City of Rancho Cucamonga, SCH~20010301028" has been presented to this Commission with the Commission's consideration of the Victoda Community Amendment 01-01 and Development Agreement 01-02. 2. The public comment period for the EIR was duly and lawfully closed on November 5, 2001, following due notices to the public and all applicable public agencies 3. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the certification of the EIR. 4. All legal prerequisites prior to the adoption of this Resolution have occun'ed. 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 January 9, and January 23, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds and concludes as follows: a. The Final EIR prepared for Victoria Community Plan Amendment 01-01, Development Agreement 01-02, and Tentative Parcel Map SUB'I-I'15716 has been completed in compliance with the previsions of the California Environmental Quality ACT, California Public Resource code Sections 21000 et seq. (CEQA) with the State and the City Guidelines for implementing CEQA, and all other applicable laws and regulations. PLANNING COMMISSION RESOLUTION NO. 02-19 VCPA 01-01, DA 01-02, TPM SUBTT15716 - FOREST ClTY DEVELOPMENT January 23,2002 Page 2 b. The Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to the Planning Commission's consideration of the proposed project. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Commission hereby recommends that the City Council certify the Final EIR and adopt the Statement of Facts and Findings and Overriding considerations. 4. The Secretary to this commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA (.../ Larry T. ~Niel, Chairman 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 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: ~,CZAS, t~NflER[N0, MCN]'EL, STEWART NOES: COMMISSIONERS: NONE .- ABSENT: COMMISSIONERS: TOLSTOY /73 RESOLUT,ON NO. O 9- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH#20010301028) AND APPROVING THE STATEMENT OF FACTS AND FINDINGS AND THE STATEMENT OF OVERRIDING CONSIDERATIONS FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, TENTATIVE PARCEL MAP SUBTT15716, AND A DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE RANCHO CUCAMONGA DEVELOPMENT AGENCY AND VICTORIA GARDENS-C, L.L.C., ("THE DDA") CONCERNING A PROPOSED PROJECT KNOWN AS VICTORIA GARDENS, A MIXED USE DEVELOPMENT CONSISTING OF APPROXIMATELY 2.45 MILLION SQUARE FEET OF RETAIL, OFFICE AND CIVIC USES, AND UP TO 600 RESIDENTIAL UNITS, ON APPROXIMATELY 175 ACRES OF LAND, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-161-35, 36 AND 38, 227-171-22 AND 23, 227-201-30, 33, 35, AND 36, AND 227-211-24 AND 39 THROUGH 43. A. Recitals. 1. A Final Environmental Impact Report (EIR) for Victoria Community Plan Amendment 01-01, Development Agreement 01-02, and Tentative Parcel Map SUBTT15716 Forest City Development California, Inc. entitled "Final Environmental Impact Report, Victoria Gardens Project, City of Rancho Cucamonga, SCH#20010301028" has been presented to this Council with the Council's consideration of the Victoria Community Plan Amendment 01-01 and Development Agreement 01-02. 2. The public comment period for the EIR was duly and lawfully closed on November 5, 2001, following due notices to the public and all applicable public agencies. 3. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng to review and consider the information contained in the Final EIR, the Statement of Facts and Findings, and the Statement of Overriding Considerations, pdor to the Planning Commission's consideration of the proposed project entitled "Final Environmental Impact Report, Victoria Gardens Project, City of Rancho Cucamonga, SCH#20010301028," and recommended approval per Planning Commission Resolution No. 02-19. 4. On February 20, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing to review and consider the information contained in the Final EIR, the Statement of Facts and Findings, and the Statement of Overriding Considerations, prior to the Council's consideration of the proposed project entitled "Final Environmental Impact Report, Victoda Gardens Project, City of Rancho Cucamonga, SCH#20010301028/' 5. APl legal prerequisites prior to the adoption ofthis Resolution have occurred. CITY COUNCIL RESOLUTION NO. EIR FOR VCPA01-01, DA01-02, TPM SUB'I-]'15716 FOREST CITY DEVELOPMENT, CALIFORNIA, INC. February 20, 2002 Page 2 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 February 20, 2002, including written and oral staff reports, together with public testimony, and the consideration of the contents of the Final EIR, this Council hereby finds and concludes as follows: a. The Final EIR prepared for Victoda Community Plan Amendment 01-01, Development Agreement 01-02, Tentative Parcel Map SUBTT15716, and the Disposition and Development Agreement has been completed in compliance with the previsions of the California Environmental QualityAct, Califomia Public Resource Code Sections 21000 et seq. (CEQA)with the State and the City Guidelines for implementing CEQA, and all other applicable laws and regulations. b. The Final EIR was presented to the Council and the Council reviewed and considered the information contained in the Final EIR prior to the consideration of the proposed project. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Council hereby takes the following actions: a. Certifies the Final EIR to be in compliance with the provisions of the California Environmental QualityAct, California Public Resource Code Sections 21000 et seq. (CEQA) with the State and the City Guidelines for implementing CEQA, and all other applicable laws and regulations. b. Adopts a Statement of Facts, Findings, and Statement of Overriding Considerations for the EIR attached hereto as Exhibit "A" respectively, based on the following findings: 1) The facts and findings set forth in the Statement of Facts and Findings and the Statement of Overriding Considerations are supported by substantial evidence in the administrative record and the Final EIR. 2) The Final EIR identified all significant environmental impacts of the project and there are no known potentially significant environmental impacts not addressed in the Final EIR. 3) All significant impacts identified in the Final EIR as a result of the project have been identified, avoided, or reduced to an acceptable level by the imposition of mitigation measures on the project. These mitigation measures are attached hereto as part of the Mitigation Monitoring Program and are incorporated herein bythe reference. CITY COUNCIL RESOLUTION NO. EIR FOR VCPA01-01, DA01-02, TPM SUB'i-1'15716 FOREST CITY DEVELOPMENT, CALIFORNIA, INC. February 20, 2002 Page 3 4) The Final EIR considered a reasonable range of alternatives to the project. Potential mitigation or project alternatives have been incorporated into the project to reduce the impacts. 5) The cumulative impacts of the project in relation to other projects in the area have been considered. Except for the identified unavoidable impacts described in the Statement of Facts of Findings and the Final EIR, mitigation measures are incorporated into the project to reduce such impacts to less than significant levels. 6) The unavoidable significant impacts of the project as identified in the Statement of Facts of Findings and the Final EIR is outweighed by the economic, social, and other benefits of the project identified in the Statement of Overriding Considerations. 4. The Secretary to the City Council shall certify to the adoption of this Resolution. /% Facts, Findings and Statement of Overriding Considerations Regarding the Environmental Effects from the Victoria Gardens Project (SCH # 2001031028) I. INTRODUCTION The City Council of the City of Rancho Cucamonga ("this Council") hereby adopts this entire document, including the Statement of Overriding Considerations in Section VII below, as its findings ("Findings") pursuant to the California Environmental Quality Act ("CEQA') for the Victoria Gardens project ("Project") described in the Final Environmental Impact Report ("FEI~") for thc Project, State Clearinghouse Number 2001031028. The "project" as described in the FEIR includes all discretionary actions that will be considered by the City of Rancho Cucamonga ("City"), the Rancho Cucamonga Redevelopment Agency, and other public agencies that may have approval authority over aspects of the Project. City's discretionary actions in approving the Project will include: 1) the General Plan Amendment, 2) the Victoria Community Plan Amendment, 3) the Development Agreement, 4) the Master Plan, and 5) the Tentative Parcel Map, for the Victoria Gardens Project. In considering the potential benefits of the proposed Project, the City identified the following objectives that will be achieved upon development of the project site: · Implementation of the regionally oriented commercial development envisioned for the project site in the General Plan and Victoria Community Plan; · Development of commercial uses that will attract established businesses, which will strengthen economic viability of thc City; · Augmentation of the City's economic base by providing sales and property tax-ganemting uses; · Creation of employment opportunities for citizens of the City and surrounding communities; · Creation of a place for people to spend time, for children and families; a place with colorful plants, shops, and graphics; a place with a town square, pedeslrian paseos, shaded courtyards, outdoor dining, and fountains; · Meeting the demands of the community for shopping opportunities, by expanding retail options to an area on the east side of the City; · Creation of a successful, regional retail environment, set in shady, landscaped sheets with a feel of walkable Main Streets, and with striking mountain vistas; · Creation of a vibrant and active downtown, which can accommodates the civic activities, commerce and public events resulting from the interact/on ofbnsinesses, residents, and visitors; and · Capture of retail sales that may be lost to adjacent cfi/cs. These Findings are based upon the entire record before this Council, including the Final E1R prepared for the Project. The EIR was prepared by the City of Rancho Cucnmonga, acting as the lead agency under the California Environmental Quality Act (CEQA). II. PROJECT SUMMARY A. PROJECT DESCRIPTION The 174-acre project site has been assembled in the eastern portion of the City, through the combination of 147 acres of (City of Rancho Cucamonga) Redevelopment Agency controlled property, 18 acres of undeveloped property, and 9 acres of land previously dedicated for street right-of-ways. At ultimate build out, the project site will include approximately 2.45 million square feet of retail, office, and civic uses as well as up to' 600 multiple-family residential The development scenario for the proposed Victoria Gardens envisions development of a "new downtown" consisting of an open air mixed use complex which includes an attxacfive and compatible blend of major retail ten'mB, specialty commercial uses, restaurant and entertainment outlets, office uses, residential dwellings, and community facilities. These uses will be built along a setting that is reminiscent of a traditional "main street" with interesting streetscapes exhibiting individually designed storefronts, wider sidewallcs, street furniture, and landscaping including pocket parks. Second story office space will be built above portions of some retail uses to accommodate professional uses (medical/dental offices, accountants, lawyers, etc.). The project will include a variety of sit-down restaurants, cafes, and coffeehouses. The proposed project will include civic and cultural uses that may include a branch library, community play house, performing arts theater, or community center. The use of landscaping, awnings, canopies, sun shelters, misting systems and other architectural elements will serve to help shield patrons of the shopping district from extreme weather conditions. The area located between Foothill Boulevard and the future Victoria Gardens Lane will be developed with fast food uses, automobile service station(s), restaurants, and retail uses. This area will be oriented to vehicle traffic. The area of the Victoria Gardens project, which directly abuts I- 15 may be developed with either retail or office/hotel uses. The proposed Victoria Gardens project includes the development of up to 600 multiple-family residential units. These dwelling units will be located north of the "new downtown," within walking distance of commercial, public, and civic uses. The residential component of the proposed project may include clubhouse facilities, reereatioual features, or open space reserved for the exclusive use of project residents. The Final EIR evaluated the potential environmental effects that would result from the development of proposed project. The "project" under CEQA, for purposes of the City's discretionary action(s) is the approval of the amendments to the General Plan and Victoria Community Plan, approval of the Development Agreement, and approval of the Master Plan, which together will govern the development of the Victoria Gardens Project site. Specifically, the proposed discretionary actions by the City will include: · City of Rancho Cucamongn General Plan Amendment (GPA): Changes the designation of the project site from Regional Center (RC) to Mixed Use (MU); modifies established criteria for the spacing of roadway medians. · Victoria Community Plan Amendment (VCPA): Changes the designation of the project site from Regional Center to Mixed Use; modifies text and graphics. · Development Agreement: vests land use entitlements. · Master Plan: sets forth the permitted land uses and development standards for the project site. · Approval of Tentative Parcel Maps: subdivides the project site for commercial uses. In addition, the Rancho Cucamonga Redevelopment Agency will consider a Disposition and Development Agreement governing terms for disposition and use of the portion of the Project site currently owned by the Redevelopment Agency. 2 /Tg B. PROJECT OBJECTIVES The primary goal of the Victoria Gardens project is to provide residents of the City with a convenient, accessible, and affordable retail uses which compliments existing retail uses within the City, and along Foothill Boulevard. Other objectives of the Project include the following: · Ensure that development of the site is in accordance with established functional standards and design and aesthetic standards contained in the Victoria Community Plan, including the incorporation of certain elements representative of commuulty heritage styles found within the City. Thus providing the City with a development, which creates a distinctive "downtown" environment. ·Implement the regionally oriented commercial development envisioned for the project site in the General Plan and Victoria Community Plan. ·Ensure the commercial development will attract established businesses, which will strengthen economic viability. ·Meet the demands of the community for shopping opportunities, by expanding retail options to an area on the east side of the City. ·Create a mixed use neighborhood with public spaces, shopping, entertainment, residences, offices and civic uses, within walking distance. ·Create a place for people to spend time, for children and families; a place with colorful plants, shops, and graphics; a place with a town square, pedestaSan paseos, shaded courtyards, outdoor dining, and fountains. · Create a successful, regional retail environment, set in shady, landscaped streets with a feel of wall{able Main Streets, and with striking mountain vistas. · Augment the City's economic base by providing sales and properly m-generating uses. · Create employment opportunities for citizens of the City and surrounding communities. · Provide conanercial development in conformance with applicable policies and programs included in the City's General Plan; inclusive of the rezoning of a portion of the site. · Create a vibrant and active downtown, which can accommodates the civic activities, commerce and public events resulting f~om the interaction ofbnsinasses, residents, and visitors. · Capture retail sales that may be lost to adjacent cities. III. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION The City of Rancho Cucamonga previously conducted environmental review for development of the Project site. On March 19, 1984, HFA Associates and the City's Redevelopment Agency signed a participation agreement for a redevelopment project known as the Rancho Redevelopment Project. This agreement was intended to result in the development of a regional shopping center within the area bounded by Day Creek Boulevard, Miller Avenue (Church Street), and Victoria Loop (now Victoria Gardens Lane). Under the terms of the agreement, Redevelopment Agency funds were to be used for the acquisition of the project site for sale to HFA Associates (the redeveloper). The redeveloper would then have the responsibility to prepare and obtain City approval for site plans and related documents. The redeveloper sought approval of the regional mall project via a Conditional Use Permit (CPU) 84-06. The regional shopping center proposed under CPU 84-06 envisioned a two-story mall with approximately 170 shops and six major department stores connected by an air-conditioned pedestrian mall. The proposed project included approximately 1,242,000 square feet of retail uses divided amongst six major retail tenants (838,000 square feet), mall shops (325,000 square feet), ancillary buildings (69,000 square feet), 5,950 parking spaces, and required community service amenities/facilities. The project was oriented for maximum visibility for Interstate 15 (1-15) and to allow for easy access via the freeway and Foothill Boulevard. Four major access points into the project site were planned, one each at Day Creek Boulevard and Miller Avenue, and two on Victoria Loop (Victoria Gardens Lane). Ancillary structures located away from the mall were to include restaurants, fmancial iustimtions, and automotive service providers. A Final Supplemental Environmental Impact Report (SCH No. 80050706), addressing three specific issues (drainage, traffic, and aesthetics) associated with activities permitted under Condition Use Permit 84-06, was certified by the City Council in October 1984. Portions of land included in the project site are adjacent to the Victoria Arbors Village project site and have been previously analyzed in the Victoria Arbors Village EIR (SCH /t98041137). Although pox'dons of the project site have received previous environmental clearance, the entire 174-acre project site is included in the environmental documentation prepared for the Victoria Gardens project. To date, no development has taken place that was analyzed in the Victoria Arbors Village EIR. The following is a summary of the City's CEQA review for this Project: A Notice of Preparation (NOP) and Initial Study identifying the scope of environmental issues, were distributed to 41 federal, state and local agencies, organiTations end/or individuals on March 6, 2001, and notice was provided through publication on March 7, 2001, in the Inland Valley Daily Bulletin. A total of nine conmaent letters were received. Copies of those comment letters are included in Appendix A of the DraR EIR (under separate cover). Relevant comments received in response to the NOP/Iulthd Study were incorporated into the Draft EI1L · The Draft EIR was distributed for public review on September 17, 2001, for a 45-day review period with the comment period expiring on November 5, 2001. Seven comn~nt letters were received at the close of the public comment period. The responses to comments are included in the Final EIR. A Notice of Completiun CNOC) was sent with the Draft EIR to the State Clearinghouse on September 21, 2001, and notice was provided on September 21, 2001 in the Inland Valley Daily Bulletin. · The Final EIR was distributed for a 1 O-day period beginning on December 24, 2001. · The Rancho Cucamonga Planning Commission held a public heating to consider various Project approvals and staff recon'unendations on January 23, 2002. Following public testimony, and staff recommendations, the Commission recommended to the City Council that the FEIR is adequate and should be certified and that the City Council adopt these Findings and Statement of Oven'/ding Considemtous and approve the Project. On February , 2002, the City Council held a public hearing to consider the Project and staff recommendations. Following public testimony and staffreconauendafions, the City Cotmcil certified the FEIR and hereby adopts these Findings and Statement of Overriding Considerations. A. INDEPENDENT JUDGMENT FINDIIqG The City of Rancho Cucamonga retained LSA Associates, Inc., to prepare the Draft and Final EIR. The Draft and Final EIRs were prepared under the direction and supervision of the City of Rancho Cucnmonga Community Developmer~t Department, Planning Division. Finding: The Draft and Final EIRs reflect the City's independent judgment. The City has exercised its independent judgment in accordance with Public Resources Code, Section 21082.1(c)(3) in retaining its own enviromnental consultant, directing the consultant in preparation of the Drag and Final EIRs, as well as reviewing, analyzing, and revising material prepared by the consultant. B. GENERAL FINDING ON MITIGATION MEASURES The City has reviewed the mitigation measures identified in the Final EIR. The City has determined that in preparing the conditions of approval for Victoria Gardens project, the City incorporated the mitigation measures recolmaended in the Final EIR, except where determined infeasible as discussed below in these Findings. In the event that the conditions of approval do not use the exact wording of the mitigation measures recommended in the Final EIR, in each such instance, the adopted conditions of approval are intended to be identical or substantially similar to the recoranaended mitigation measure. Any minor revisions were made for the purpose of improving clarity or to better define the intended propose. Findings: Unless specifically stated to the contrary in these findings, it is the City's intent to adopt all mitigation measures recommended by the Final EIR. If a measure has, through error, been omitted from the Conditions of Approval or fi.om these Findin4gs, and that measure is not specifically reflected 'in these Findings, that measure shall be deemed to be adopted pursuant to this paragraph. Additionally, unless specifically stated to the contrary in these Findings, all Conditions of Approval repeating or rewording mitigation measures recommended in the Final EIR are intended to be substantially similar to the mitigation measures as worded in the Final and are found to be equally effective in avoiding or lessening the identified environmental impact. IV. ENVIRONMENTAL IMPACTS AND FINDINGS City staff reports, the FEIR, written and oral testimony at all relevant public meetings or hearings, and these Facts, Findings and Statement of Overriding Considerations and other information in the adminigixafive record serve as thc basis for the City's environmental determination. The detailed analysis of potential environmental impacts and proposed mitigation measures for the Victoria Gardens Project are presented in Chapter 4 of the DEIR. Responses to comments and any revision~qomissious to the DEIR are provided in Appendix G, or indicated by strikethough (deletions) or double-underline (additions) in the FEIR, respectively The DEIR evaluated six major environmental categories (txaffic and circulation, noise, air quality, biological resources, cultural services, and public services) for potential significant adverse impacts, including curraflative impacts. Both project-specific, short- and long-term, and cmnlative impacts were evaluated. In addition to the six major environmental categories addressed in the DEIIL ten other major categories were found to be nonsignificant in the Initial Study prepared for the Victoria Gardens Project. Except as may be otherwise expressly provided herein, these Findings incorporate the conclusiom on these categories as outlined in the Initial Study (Appendix A of the DEIR) and the City finds that no significant impacts have been identified as to those categories identified in the lmtial Study and no further analysis is required. A. IMPACTS H)ENIIFIED 1N THE DEI~ AS LESS THAN SIGNII~'ICANT REQUIRING NO ]MITIGATION The following issues were identified in the Initial Study (Appendix A of the DEIR) as having the potential to cause significant impact and were carded forward to the DEIR for detailed evaluation. These issues were found in the DEIR as having no potential to cause siginficant impact and therefore require no project-specific mitigation. In the following presentation, each resource issue is identified and the potential for significant adverse envkonmental effects is discussed. 1. TRAFFIC AND CIRCUALTION a. Project Access Less than Significant Impact: The addition of project lraffic to year 2007 and year 2020 conditions will not . have a significant hnpact on the project access driveways on Day Creek Boulevard, Church Street, Victoria Gardens Lane, and Foothill Boulevard. Finding: An analysis of project access is included in Section 4.1 of the FEIR. This analysis concluded that ~opacts at the proposed project driveways are considered to be less than significant. No mitigation ~s required. Facts and Analysis in Support of the Finding: Analyses of the project driveways under year 2007 with project and year 2020 with project conditions indicate that all project access driveways will operate with satisfactory levels of service based on the turn restrictions and stop control proposed as part of the project. 2. NOISE a. Parking Lot Activity Less than Significant Impact: Noise levels resulting from typical parking lot activities will not be significantly increased in a manner that would create a potential impact to adjacent land uses. Finding: Potential noise impacts resulting from development of the proposed project are addressed in Section 4.2 of the FEIR. The analysis concluded that, noise associated with the parking lot activities in the proposed commercial and office use areas will not have any significant impact on off-site or on- site residences such as residences, schools, hospitals and similar uses. No mitigation is required. Facts and Analysis in Support of the Finding: Representative parking activities, such as customer conversing or door closing, would generate intermittent, maximum noise levels of approximately 60 dBA at 50 feet. This level of noise is much lower than that of the traffic on the area roads or the loading/unloading of trucks. Therefore, it is not anticipated that noise associated with the parking lot activities in the proposed commercial and office use areas will have any significant impact on off-site or on-site residences. b. Transportation to Construction Site Impacts Less than Significant Impact: Noise resulting fi-om the transport of construction equipment to the project site will not significantly increase noise levels in the vicinity of the proposed project. Finding: Potential noise impacts resulting from development of the proposed project are addressed in Section 4.2 of the FEIR. The analysis concluded that, noise associated with the movement of construction equipment to the project site will not have any significant impact on off-site or on-site residences. No mitigation is required. Facts and Analysis in Support of the Finding: Transport of construction equipment/materials to the project site and worker commute would incrementally increase noise levels on access roads leading to the site. Although there would be relatively high single event noise exposures (up to 87 dBA Lm~ at 50 feet from passing tracks), when averaged over a longer period of time such as one hour or eight hours the effect in long-term ambient noise levels would be small and negligible, q[herefore, short-term construction noise impacts associated with worker commute and equipment txansport would not result in siginficant adverse impacts on noise sensitive receptors along the access routes leading to the proposed project site. c. Cumulative Noise Impacts Less than Significant Impact: Cumulative noise impacts resulting from the transport of construction equipment to the project site will not significantly increase noise levels in the vicinity of the proposed project. Finding: Potential noise impacts resulting from developmem of the proposed project are addressed in Section 4.2 of the FEI1L l'he analysis concluded that, cumulative noise impacts in the vicinity of the project site and the City will not be significant. No mitigation is require& Facts and Analysis in Support of the Finding: The short-term construction noise and long-term operational noise impacts (parking lot activity, loading/unloading activity, and traffic noise) associated with the proposed project were determined to be less than significant. The proposed project's short-term construction activity and on-site stationary sources are localized noise sources and would only affect land uses hmaediately adjacent to the project site with direct line of sight of the project boundary. These noise sources are not considered cunmlafive. Construction and operations (excluding vehicular traffic) at other off-site locations would not cumulatively add to project related noise impacts. 3. AIR QUALITY a. Long Term Microscale Projections Less than Significant Impact: Although development of the proposed project will add new vehicular trips to thturc traffic volumes in the project vicinity, deteriorating the level of sen, icc at some adjacent intersections, a corresponding increase in carbon monoxide (CO) hot spots will not occur. Finding: Potential impacts related to this issue are discussed in Section 4.3 of the FEIR. Based on the analysis provided in the FEIR, composite CO levels would be below both the State and federal one hour and eight hour CO standards. Therefore, project related CO concentration increases are not considered significant. No mitigation is required. Facts and Analysis in Support of the Finding: An assessment of project related impacts on localized ambient air quality requires that future ambient air quality levels be projected. Because the proposed project would add new vehicular trips to furore traffic volumes in the project vicinity, deterioration in the level of service at adjacent intersections would occur as a result of the proposed project. Localized CO hot spot analysis was required and conducted. At many receptor locations, there would be a reduction in the CO concena'ations with implementation of the project. Because the composite CO levels would be below both the State and federal one hour and eight hour CO standards, these project related CO concentration increases are not considered significant. 4. BIOLOGICAL RESOURCES a. Impacts to On-site Drainage Less than Significant Impact: Development of the proposed project will not alter and/or eliminate on-site drainage in a manner that is significant. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. Based on the analysis provided in the FEIR, impacts to this drainage will not be considered significant due to the fact that the drainage is non-wetland waters and that the drainage is isolated fi.om other wetland waters. No mitigation is required. Facts and Analysis in Support of the Finding: Impacts to the drainage will not be considered significant due to the fact that the drainage is non-wetland waters and that the drainage is isolated fi.om other wetland waters. Adherence to measures set forth by all applicable permits will eliminate any associated impacts. b. Impacts to Special Interest Species Less than Significant Impact: Development of the proposed project will not slL, nificantly impact "special interest" plant and/or animal species. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. However, none of these species are listed as a threatened or endangered species. Due to the degradation of the project site, and the fact that these species are not listed as a threatened or endangered, potential impacts associated with this issue are not significant. No mitigation is required. Facts and Analysis in Support of the Finding. The results of the literature review indicated the potential occurrence of 29 special interest plant and animal species in the project vicinity. Of these 29 species, 21 are considered absent based on the lack of suitable habitat or based on focused survey results. Of the remaining 8 species, 2 are present, 2 are considered to have a moderate to high probability of occurrence, and 4 are considered to have a low probability of occurrence. The specia! interest species occurring or potentially occurring on the project site include: · Plummars manposa lily (Calochortus plummerae) · Party's spineflower (Chorizntheparryi var. parryO · Parish's desert thom (Lycium parishiO · San Diego homed lizard (Phrynosoma coronatum blainvillei) · Orange-throated whiptail (Cnemidophorus hyperthrus) · Western mastif hat (Eumops perotis californicus) · Western burrowing owl (Athene cunicularia hypugea) · Bell's sage sparow (Amphispiza belli belli) The western burrowing owl was observed on site during the San Bemardino kangaroo rat survey. Based on this sighting, the owl is considered to currently occupy the site. However, the owl was only observed during two surveys, and not during the focused surveys for the California gnatcatchar. The infi.equency of the sightings during the surveys indicates that there are low numbers of burrowing owls that may use the site for foraging habitat. The burrowing owl is not listed as a threatened or endangered species. Potential impacts to the few individuals or the foraging habitat used by low numbers of individuals are not considered significant. The Department of Fish and Game Codes (DFG) 3503 and 3503.5 prohibit the destxuction of individual owls and owl nests. Certain measures will be reqfftred to ensure that the project is in accordance with the DFG Code. Additional surveys will be required prior to construction to ensure that no burrowing owls will be on site during , consU-ucfion activities. If burrowing owls are present on site, the owls may be passively relocated, during the non- breeding season (September 1 to January 31), by placing one-way doors on the burrow entrances. Owls cannot be passively relocated during the breeding season and a 250-foot buffer zone would be required to avoid disturbance to the owl nest (burrow) per DFG Codes 3503 and 3503.3. The bell's sage sparrow was observed on site during the year 2001 SBKR and California gnateatcher focused surveys. However, this species is not listed as a threatened or endangered species. Due to the degradation of the site, and the fact that the bird is not listed as a threatened or endangered species, potential impacts to the species are not significant. DFG Code 3503.5 prohibits the destruction of bird nests. Certain measures will be required to ensure that the project is in accordance with the DFG Code. The project will need to be cleared during the non-breeding season of (September 1-January 31) for this species. The San Diego homed lizard was observed approximately 1.0 mile north (north of Baseline Road) of the project site in 1998. Suitable habitat for this species is present on site, although it was not observed on site. However, this species is not listed as federally or state endangered or threatened and impacts to this species are not significant. Based on surveys, no federally or state listed threatened or endangered species are present on site. Thus, there will be no impacts to federally or state listed threatened or endangered species. No mitigation is required. c. Impacts to the San Bernardino kangaroo rat Less than Significant Impact: Development of the proposed project will not si~ificanfly impact the San Bernardino kangaroo mt (Dipodomys merriami parvus), a federally listed endangered species. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. The focused trapping survey for the SBKR revealed that the species does not occur on the project site; therefore, no significant impact to this species will occur. No mitigation is required. Facts and Analysis in Support of the Finding. The San Bemardino kangaroo rat (SBKR) was emergency listed as endangered on January 27, 1998 (USFWS, 1998) and final listed on September 24, 1998. The site is located within the area proposed for designation as critical habitat for the SBKR and may meet some limited criteria for the designated critical habitat, i.e., it has some limited, severely degraded habitat, and a limited portion of it is currently subject to natural processes that potentially could rejuvenate and maintain habitat (flooding). The focused trapping survey for the SBKR revealed that the species does not occur on the project site. This fact and the lack of a viable corridor from either the noOtt or south leaves the subject property completely isolated from areas occupied by the species. Due to the absence of SBKR from the site and the low value of the site as critical habitat, potential impacts to the species (i.e., loss of proposed critical habitat) are not considered significant. d. Impacts to the California gnatcatcher Less than Significant Impact: Development of the proposed project will not significantly impact the California gnatcatehcr (Polioptila californica californica), a federally listed threatened species. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. The entire project site was surveyed for the presence of the California gnatcatcher. The focused surveys revealed that this species is not present on-site; therefore, no significant impact to the California gnatcatcher will occur. No mitigation is required. Facts and Analysis in Support of the Finding. The California gnatcatcher is a small insectivorous bird found almost exclusively within coastal sage scrub habitat from Los Angeles County south to upper Baja California. The California gnatcatcher was listed under the federal ESA as a threatened species on March 25, 1993. The site is not within critical habitat for the California gnatcatcher. The California gnatcatcher critical habitat is approximately one and a half miles to the northwest. The entire site was surveyed for the presence of the California gnatcatcher. The focused survey conducted for the California gnatcatcher revealed that the species is not present on the project site e. Impacts Related to Habitat Fragmentation]Wildlife Movement Less than Significant Impact: Development of the proposed project will not significantly impact the movement of wildlife in the vicinity of the project site and/or result in the fragmentation of wildlife habitat. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. No wildlife corridor extends, or is in proximity, to the habitat of the proposed project site. The habitat on site is disjunct and in a highly urbanized area; therefore, impacts related to this issue are less than significant. No mitigation is required. Facts and Analysis in Support of the Finding. Habitat fragmentation occurs when a single, unified habitat area is divided into two or more areas, such that the division isolates the two areas from each other. Isolation of habitat limits the free movement of wildlife from one portion of habitat to another, or fi.om one habitat type to another. The wildlife movement on the Victoria Gardens site is mainly restricted to localized movements because linkages to surrounding habitats are limited by existing barriers, primarily major roadways (Foothill Boulevard on the south and the 1-15 on the southeast) and approved residential housing developments (to the north and west). No wildlife corridor extends, or is in proximity, to the habitat of the proposed project site. The habitat on site is disjunct and in a highly urbanized area. Therefore, the proposed project will not result in significant impacts on wildlife movement routes or contribute to habitat fragmentation. f. Impacts to Local and Regional Policies/MSHCP Less than Significant Impact: Development of the proposed project will not conflict with local and/or regional policies established for the preservation/protectiun of biological resources. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR The proposed project would not conflict with any local or regional policies/ordinances protecting/preserving biological resources; therefore, impacts related to this issue are less than significant. No mitigation is required. Facts and Analysis in Support of the Finding. The North Etiwanda Open Space Habitat Preservation Program (NEOSHPP) was adopted by the San Bernardlno Board of Supervisors on April 26, 1994. The NEOSH?P area is located northeasterly of the City of Rancho Cucamonga and is roughly bounded by Deer Creek on the west, the City of Fontana on the east, the City of Rancho Cucamonga on the south, and the San Bemardino National Forest on the north. The majority of the program area is within the City of Rancho Cucamonga sphere-of-influence, with a small portion being within the City of Fontana sphere-of-influence and the remaining area being within the National Forest boundary. The 7,243-acre program area was established in 1994. The project site is not within the NEOSItPP area. The County of San Bernardino, the USFWS, the CDFG, and 14 affected cities are currently involved with the preparation of a regional a Valley-Wide Multi-Species Habitat Conservation Plan (VMSHCP) for target species and associated habitats. This conservation plan is not yet approved and, therefore, cannot be reviewed as to its potential relevance to the proposed project. The City of Rancho Cucamunga has a tree preservation ordinance to protect heritage trees, including all eucalyptus windrows and trees in excess of 15 feet in height. The windrows of eucalyptus trees and the individual eucalyptus tree in the center of the site fall under the definition of heritage trees. The tree ordinance allows for the removal of heritage trees by filing a Tree Removal Permit with the City Planner. Removal of the eucalyptus trees is not considered significant and no mitigation is required. However, the City may impose measures (such as replanting) as a part of the permit process that must be implemented. g. Impacts to Plant Communities Less than Significant Impact: Development of the proposed project will eliminate approximately 54.0 acres of disturbed Riversidian alluvial fan sage scrub (RAFSS), approximately 20.0 acres of non-native grasslands, and approximately 100.0 acres of abanduned vineyards. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. Because the project site does not host endangered/threatened species and because of the significant degradation and isolation of the project site, impacts to un-site plant corcanuinties are not significant. No mitigation is required. Facts and Analysis in Support of the Finding. Impacts resulting fi.om thc project will include approximately 54 acres to disturbed Riversidean alluvial fan sage scrub (RAFSS), approximately 20 acres to non-native grasslands, and approximately 100 acres of abandoned vineyards. The disturbed RAFSS on site is not a contiguous block of habitat. The 54 acres of disturbed RAFSS are distributed in two locations on site, ranging fi.om 7 to 47 acres. The patch of RAFSS in the northern portion of the project site is adjacent to Victoria Arbors Village, an approved development site that will no longer sustain a RAFSS community. The lack of any threatened or endangered species further indicates the low habitat value of the site. Impacts to RAFSS are not significant because of the degradation and isolation of the site. h. Impacts to Wetlands Less than Significant Impact: Development of the proposed project will not impact on-site wetlands. Finding: Because no wetlands are present on-site, maPacts associated with this issue are less than significant. No mitigation is required Facts and Analysis in Support of the Finding. Per focused surveys, and the absence ofhydrophyfic vegetation, it was determined that no wetlands are present within the project boundaries. i. Impacts to Raptor Habitat Less than Significant Impact: Development of the proposed project will not significantly impact foraging sites for mptor species. il/g? Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. Due to the extensive home range of these raptors, the loss of foraging habitat for raptors is not considered to be a significant impact. No mitigation is required. Facts and Analysis in Support of the Finding. The golden eagle, red-shouldered hawk and burrowing owl were observed on site. While these species were observed foraging on site, due to lack of suitable nesting habitat (the red- shouldered hawk nests in dense riparian areas and the golden eagle nests typically on cliffs, although may also nest in large trees in open areas), it is not likely that the golden eagle or the red-shouldered hawk nest on site. The eucalyptus trees are potentially nesting habitat, however, no nests (nor nesting behavior) were observed on site. The foraging area of these raptora is extensive; the golden eagle in southern California has a territorial and foraging area of approximately 36 square miles. The limited lmowledge available on the red-shouldered hawk home ranges points to a territorial and foraging area between 156 and 480 acres (in Michigan). Due to the extensive home range of these raptors, the loss of foraging habitat for raptors is not considered to be a significant impact. DFG Code and the Migratory B~rd Treaty Act prohibits the take of raptor nests and certain measures must be implemented by the project to be in compliance. Proposed project construction activities (that may result in the desmtction of active raptor nests) should be scheduled outside the peak raptor nesting season (March through July). j. Cumulative Impacts to Biological Resources Less than Significant Impact: Development of the proposed project will not have a significant ctunulafive impact on biological resomces on/adjacent to the project site and within the region. Finding: Potential impacts related to this issue are discussed in Section 4.4 of the FEIR. Due to the degradation of the area and the fragmentation of habitat by interstate freeways, state routes, and residential and industrial development, the loss of habitat resulting from implementation of the proposed project is not considered significant. Facts and Analysis in Support of the Finding. The study area between the proposed SR-30 and SR-60 Day Creek watershed has approximately 2,300 acres of undeveloped land with sirrdlar habitat to the proposed project (active and abandoned vineyards). The 174 acres of the Victoria Gardens proposed project will contribute to the loss of approXtmately 8 percent of the undeveloped land in the area. Other approved and proposed projects (including the Victoria Gardens projec0 with/n the study area will contribute to the loss of 612 of the 2,300 acres, or approximately 27 percent. Given the current rate of development within the study area, the accessibility to bi- or th-modal transit (railway, interstate, and airport), and the fact that the area is slated for development, it is reasonable to predict that all 2,300 acres will be developed in the future. The 2,300-acre area has been historically used for agricultural purposes and is degraded habitat. Due to the degradation of the area and the fragmentation of habitats by interstate freeways, state routes, and residential and industrial developmant, the loss of habitat (8 percent of the total undeveloped habitat) from the site is not considered significant. 5. CULTURAL RESOURCES a. Impacts to On-site Cultural Resources Less than Significant Impact: Development of the proposed project will not significantly alter and/or eliminate archeological resources. Finding: Potential impacts related to this issue are discussed in Section 4.5 of the FEIR. The proposed project will have a less than significant impact on the Foothill Fieldstone Stockpiles since it does not meet the criteria for listing on the California Register of Historic Resources. No mitigation is required. Facts and Analysis in Support of the Finding: The western two-thirds of the parcel is planted in grapevines interspersed with dumping sites containing non-indigenous cobbles and gravels, chunks of concrete, asphalt, automobile parts, appliances, coin-operated video game cabinets, tires, lumber, pieces of wood and metal, and miscellaneous household refuse. A homeless person shalter/habitatiun site was encountered under the only tree in the southeast quarter of the site. The eastern portion of the parcel is crossed from north to south by a wash that provides exposures of the upper three feet of sediment on the parcel. The original ground surface was severely impacted by rock removal methods that allowed vines to be planted, and subsequently impacted by cultivation and discing associated with agriculture. The remainder of thc parcel is covered by grapevines, native plants, weeds, and grasses with a surface visibility of approximately 50 to 80 percent. The survey crew encountered the remnant of an abandoned irrigation system, CA-SBR-7095H, consisting two rows of precast concrete standpipe; it is not known whether it was associated with the Ellana Winery, but it was clearly used to irrigate the vineyards on the parcel. The irrigation system has been partially destroyed by flooding along the north/south wash. This resource is not known to be associated with historically significant events or important persons, and it does not embody distinctive characteristics, represent the work of an important creative individual, or possess high artistic values. It is not likely to yield important historical irfformafion; therefore, it is not a significant resource. Three very large piles of cobbles and boulders, which had probably been cleared from the vineyard, and trace historic refuse were also observed in the project area. Historically, on the lower slopes of the fanglomerates from the San Gabriel Mountains, boulders had to be removed to make land available for agriculture. These boulders were either stockpiled or placed as hedgerows along property boundaries. It is possible that laborers from the Chinese labor camp, reported to be located one mile north of the parcel (Laska, this records search), could have been involved in clearing the parcel. The date range of the clearance is unknown. Due to the unknown affiliation and lacking a precise date of these stockpiles, their alteration or removal would not constitute a significant impact to cultural resources. Designated, LSA-RCG131-1, LSA-RCG131-2, and LSA-RCG131-3 (Foothill Fieldstone Stockpiles), this historic site was recorded during the archaeological survey. The Foothill Fieldstone Stockpiles do not appear to meet any of the criteria for listing on the California Register of Historic Resources (PRC SS5024.1, Title 14 CCR, Section 4852). Due to the unknown affiliation and lacking a precise date of these stockpiles, their alteration or removal would not constitute a significant impact to cultural resources. Recordation of the resource fidfills the requirements of mitigation. No fiu~her work is recommended for this resource. 6. PUBLIC SERVICES a. Impacts to Fire Protection Service Response Times Less than Significant Impact: Development of the proposed project will not significantly alter Rancho Cucamonga Fire Dis~ct response times. Finding: Potential impacts related to this issue are discussed in Section 4.5 of the FEIR. Because the project site is located within the 5-minute response area of Rancho Cucamonga Fire District facilities, no significant impact related to this issue will occur. No mitigation is required. Facts and Analysis in Support of the Finding: The Rancho Cucamonga Fire District has a standard response time threshold of five minutes, including call-in-time. Based on this standard, the maximum travel time would be three minutes. Due to the project's location relative to Stations 3, 4, and 5, the site is anticipated to fall within the 5 minute response time criteria. b. Impacts to Water Supply Less than Significant Impact: Development of the proposed project will not significantly impact the supply and/or distribution of water. Finding: Potential impacts related to this issue are discussed in Section 4.6 of the FEIR. The potential water demands associated with the development of the proposed on-site uses have been anticipated in recent Cucamunga County Water District (CCWD) Water Master Plans. CCWD supplies the majority water using both imported surface water and local groundwater and these water sources are expected to be available to meet service area water demand in the future. Therefore, the proposed project's water service impacts are considered to be' less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: Future increases in the demand for water will be met with by aggressive capital improvement program, which includes coustmctiun of txausimssiun mains, well sites, increasing the reservoir storage capacities in all pressure zones, and increasing the size of the L. W. Michael Treatment Plant. Most of all of these facilities are slated for completion within the next 10-15 years. The District is developing a reclaimed water program, which will utilize processed water from the Regional Plant No. 4 located at the southwest comer of Etiwanda Avenue and Sixth Street. The reclaimed water will provide service to major landscaping and recreational areas and many parkway and median island improvements. Based on CCWD water demand factors, development of the proposed Victoria Gardens project will increase water service demand to the City of Rancho Cucamunga by approXtmately 732.20 acre feet per year (654,000 gallons per day). The Cucamunga County Water District supplies an approximate average total of 40,000 acre feet per year (41.7 million gallons per day). Therefore, the increased water demand associated with this proposed project is an increase of less than 2% of the current average total of water supplied by the District. As previously stated, the project site has been planned for a "Regional Center" since at least 1981, therefore, potential water demands associated with the development of the proposed un-site uses have been anticipated in recent CCWD Water Master Plans. CCWD supplies the majority water using both imported surface water and local groundwater and these water sources are expected to be available to meet service area water demand in the future. Therefore, the proposed project's water service impacts are considered to be less than significant. c. Impacts to Wnstewater Facilities Less than Significant Impact: Development of the proposed project will not significantly impact wastewater treatment facilities. Finding: Potential impacts related to this issue are discussed in Section 4.6 of the FEIR. Capacity at Inland Empire Utilities Agency wastewater treatment facilities are adequate to process the volume of wastewater anticipated to originate from the proposed on-site land uses; therefore, the proposed project's water service impacts are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: The proposed project will increase wastewatar effluent flows to the Inland Empire Utilities Agency's treatment system. However, the Inland Empire Utilities Agency indicates that there is sufficient wastewatar capacity to treat the wastewater generation estimated for Victoria Gardens. While, the ultimate capacity of RP-4 totals 7.0 mgd, on an average day, this facility treats approximately 4.4 mgd. Average daily surplus capacity at RP-4 totals 2.6 mgd. Development of the Victoria Gardens project will result in the generation of approXnnately 277,200 gallons of wastawater per day. The volume of wastawater generated by the 14 /?~) proposed project will amount to approximately 6% of the wastewater currently treated by RP~4 every day, less than 4% of RP-4's ultimate daily capacity, and less than 11% of the plant's average daily surplus capacity. If bypassed to RP-1, wastewater flows would amount to less than 1% of this facility's current treatment load and ultimate daily capacity, and approximately 6.0% of the average daily surplus capacity at RP-I. Consequanfly, potential impacts associated with increases of wastewater flows to local treatment wttich will occur with development of the Victoria Gardens project are considered less than significant d. Cumulative Impacts to School Facilities Less than Significant Impact: Development of the Victoria Gardens project will not have a si~enificant cumulative impact on the provision of school services and/or facilities. Finding: Cumulative impacts to school facilities are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: Development of the Victoria Gardens project would increase the demand on schools and the school districts' education services in the project vicinity. The proposed project would require additional staffing and facilities to accommodate the increase in the student population resulting fi.om the development of the proposed 600 multi-family residential units. However, implementation of mitigation measures identified in Section 4.6 of the FEIR would lessen the project's cumulative contributions to educational service impacts. Additionally, other development projects within the City will be required to adhere to the uniform State environmental standards and evaluations set forth by the California Environmental Quality Act (CEQA). Therefore, the proposed project impacts is considered to be less than significant with implementation of mitigation measures. e. Cumulative Impacts to Police Protection Services/Facilities Less than Significant Impact: Development of the Victoria Gardens project will not have a significant cunaflative impact on the provision of police protection services and/or facilities. Finding: Cumulative impacts to police protection services/facilines are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: The Victoria Gardens project would increase the demand of police protection in the area. However, the proposed project's impacts on police services were determined to be less than significant contingent upon the implementation of all mitigation measures. As other development projects are constructed citywide and in the vicinity of the proposed project, the City will be responsible for ensuring that adequate police service is provided. Therefore, cumulative impacts associated with development of the proposed project are considered to be less than significant. f. Cumulative Impacts to Fire Protection Services/Facilities Less than Significant Impact: Development of thc Victoria Gardens project will not have a significant cumulative impact on the provision of fire protection services and/or facilities. Finding: Cumulative impacts to fire protection services/facilnies are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: Development of the proposed project would increase the demand for fire protection in the area and would require additional staffing and facilities to accommodate growth. The FEIR identifies mitigation measures, the implementation of which will reduce potential impacts to fire protection services/facilities to a less than significant level. Therefore, the cumulative effect development of the proposed project will have on fire protection services/facilities will be less than significant. g. Cumulative Impacts to Water Supply Facilities Less than Significant Impact: When considered with other proposed or planned development within the service area of the Cucamonga County Water District, development of the Victoria Gardens project will not contribute to a significant water service impact. Finding: The proposed project's conlribufinns to potential cumulative water service impacts are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: The proposed development will increase water service demand to the City of Rancho Cucamanga by approximately 732.20 acre feet per year (654,000 gallons per day). The increased water demand associated with this proposed project is an increase of less than 2% of the current average total of water supplied by the District. CCWD supplies the majority water using both imported surface water and local groundwater and these water sources are expected to be available to meet service area water demand in the future. Development projects within the City will be subjected to all applicable environmental standards and evaluation set forth by the CEQA addressing project specific water service /mpacts. In addition, CCWD has anticipated increases in water demand and associated infrastructure in its water facilities and sUpPly planning efforts. h. Cumulative Impacts to Wastewater Treatment Facilities Less than Significant Impact: When considered with other developments within the service area of the Inland Empire Utilities Agency, development of the Victoria Gardens project will not have a significant cumulative impact on wastewater treatment facilities. Finding: The proposed project's contxibutions to potential cumulative wastewater service impacts are considered to be less than significant. No mitigation is required. Facts and Analysis in Support of the Finding: The increase in wastewater generation associated with the construction of Victoria Gardens will elevate the demand for wastewater services from the Inland Empire Utilities Agency. Existing wastewater treatment facilities can accommodate the projected wastewater generated by the proposed project in combination with all other projects within the City. Existing and planned wastewater facilities are expected to be available to meet citywide wastewater generation in the future. Both RP1 and RP-4 have adequate daily surplus capacity to accept wastewater flows generated from the proposed on-site uses; therefore, potential cumulative wastewater service impacts are considered to be less than significant. B. POTENTIALLY SIGNIFICANT IMPACTS WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE AND MITIGATION MEASURES. The following impacts related to Transportation and Circulation, Noise, and Public Services were found to be potentially significant, but, unless otherwise noted below, can be feasibly mitigated to a less than significant level with the /mposition of mitigation measures. The City finds that, except as stated to the contrary, all potentially significant Project impacts listed below can and will be mitigated, reduced or avoided by imposition of the mitigation measures, and these mitigation measures are set forth in the Mitigation Monitoring and Reporting Program Plan adopted by the City. Specific findings of the City for each category of such impacts are set forth in detail below. Public Resources Code Section 21081 states that no public agency shall approve or carry out a project for winch an Envkonmental Impact Report has been completed winch identifies one or more significant effects unless the public agency makes one or more of the following findings: 1. Changes or alterations have been required in, or incorporated into, the project winch mitigate or avoid the significant effects on the environment. 2. Those changes or alterations are within the responsibility and jurisdiction of another pubhc agency and have been, or can and should be, adopted by that other agency. 3. Specific economic, legal, social, technological, or other considerations, make infeasible the mitigation measures or alternatives identified in the FEIR. The City hereby finds, pursuant to Section 21081 that, except as otherwise stated in these Findings, the following potential environmental impacts can and will be mitigated to below a level of sigrfificance. Each mitigation measure discussed in this section of the findings is assigned an alpha-numeric designation correlating it with the environmental category used in the Mitigation Monitoring Program included in the FEIR, and adopted by the City to provide for the enforcement of such mitigation measures. 1. TRAFIqC AND CIRCULATION a. Year 2007 with Project Intersection Conditions Potential Significant Impact: Impact 4.1.1. Ten intersections are forecast to operate below the LOS threshold (C for intersections entirely within Fontana, D for others) under year 2007 with project conditions in the a.m. and/or p.m. peak hour. These intersections are as follows: · Day Creek Boulevard/SR-210 Westbound Ramps · Day Creek Boulevard/Victoria Gardens Lane · Day Creek Boulevard/Foothill Boulevard · Victoria Gardens Lane/Base Line Road · Victoria Gardens Lane/Church Street · Etiwanda Avenue/Arrow Route · Etiwanda Avenue/Slover Avenue · 1-15 Southbound Ramps/Base Line Road · 1-15 Northbound Ramps/Base Line Road · Cherry Avenue/Foothill Boulevard. The project creates or contributes to these unsatisfactory conditions, which is considered to be a significant impact except to the extent mitigated below. Finding: The impact is analyzed in Section 4.1 of the FEIR. The FEIR analysis identified several mitigation measures to reduce potential impacts associated with this issue to a less than significant level. The City is adopting all of the ~'affic and circulation mitigation measures recommended in the FEIR, with the exception of those rejected measured discussed in Section IV.C. below in these Findings. Except as discussed in Section IV.C. below, imposition of the following mitigation measure will reduce these impacts to a level of insignificance: 4.1.lA Except where noted below that full funding for the improvement has been assured by the City or by the existing Community Facilities District (CFD) 2001-1, the project shall make a fair share contribution, through payment of traffic fees pursuant to the Development Agreement, to the following improvements: · Day Creek Boulevard/Victoria Gardens Lane - Addition of a free northbound right turn lane. Short eastbound green phase will necessitate prohibition of pedestrian crossing of Day Creek Boulevard on the south leg of this intersection. · Day Creek Boulevard/Foothill Boulevard - Addition of a flee westbound right turn lane, which will continue to become the l~ee northbound right turn lane at Day Creek Boulevard/Victoria Gardens Lane. Conversion of one northbound left mm lane to a northbound through lane. Addition of a flee northbound right mm lane, which will continue to become a dedicated right turn lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition of a third southbound left turn lane. Conversion of southbound shared though/right turn lane to a dedicated southbound right turn lane. Modification of signal phasing to provide right turn overlap phasing for southbound right mm movement. As an alternative to the overlap phasing, a free (uncontxolled) right mm for this movement would improve overall intersection operations slightly and permit eastbound U-roms, although a LOS calculation will show greater average delay for contxulled movements. This signal will need to be operated "split phase" northbound and southbound to allow three southbound lanes to turn left. Coordination of signal timing with Day Creek Boulevard/Victoria Gardens Lane shall be implemented to provide maximum use of southbound green time. Signal timing must consider pedestrian crossing of the east leg of the intersection in order to connect a pedestrian tn'ail from north to south. Short northbound through green phase will require pedestrians crossing Foothill Boulevard on the east leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestxian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the east leg of the intersection. ·Victoria Gardens Lane/Base Line Road - Conversion of planned northbound shared through/right turn lane to a free right mm lane. Addition of a dedication eastbound right turn lane. Funding and completion of this improvement has been assured by the ex~sting CFD 2001-1 at no cost to the project. ·Victoria Gardens Lane/Church Street - M)dification of signal phasing to provide right turn overlap phasing for northbound right turn movement. Funding and completion of this improvement has been assured by the existing CFD 2001-1 at no cost to the project. · 1-15 Southbound and Northbound Ramps/Base Line Road - Freeway interchange must be reconstructed to include southbound and northbound loop on-ramps. Plans for the reconstruction of this interchange are currently being prepared by Caltxans, SANBAG, and the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. The City has committed to perform these improvements at no cost to the project. · Cherry Avenue,'Foothill Boulevard - Addition of a second southbound left turn lane. This mitigation will maintain the level of service at this intersection at its 2001 level, which did not meet the City of Fontana's LOS C standard. Facts and Analysis in Support of the Finding: The Congestion Management Program (CMl~) standard level of service (LOS) is LOS E. However, the CMP also allows local discretion and requirements to be used to determine project impacts and appropriate mitigation. In the City of Rancho Cucamonga, LOS D is the standard level of service. Therefore, any level of service condition in excess of LOS D is considered an impact requiring mitigation. Since this analysis is also being used for CEQA clearance in the City of Rancho Cucamonga, local discretion and requirements are used to determine project impacts on local roadways and, hence, appropriate mitigation. The project will add U'affic to roadways in the cities of Fontana and Ontario and in unincorporated San Bernardino County. In the City of Fontana and the County, LOS C is the standard for intersection level of service; in the City of Ontario, LOS D is the standard. As stated in Table 4.1.J of the FEIR, levels of service at the above referenced intersections exceed the level of service standard established by the City of Rancho Cucamonga and/or neighboring jurisdictions. With the implementation of the recommended intersection improvements outlined in the above stated mitigation measures, minimum level of service standards are maintained at these intersections (refer to Table 4.1.K of the FEIR); therefore, impacts related to the intersections listed above will be reduced to a less than significant level except as otherwise noted in Section IV.C. below. b. Year 2020 with Project Intersection Conditions Potential Significant Impact: Impact 4.1.3. Twenty-eight intersections are forecast to operate below the LOS threshold (C for intersections entirely within Fontana, D for others) under year 2020 with project conditions in the a.m. and./or p.m. peak hour. These intersections are as follows: · Archibald Avenue/Foothill Boulevard · Haven Avenue/Base Line Road · Milliken Avenue/SR-210 Eastbound Ramps · Milliken Avenue/Base Line Road · Milliken Avenue/Foothill Boulevard · Milliken Avenue/Arrow Route · Milliken Avenue/4th Street · Rochester Avenue/Arrow Route · 1-15 Southbound Ramps/4th Street · Day Creek Boulevard/Stunmit Avenue · Day Creek Boulevard/SR-210 Westbound Ramps · Day Creek Boulevard/SR-210 Eastbound Ramps · Day Creek Boulevard/Highland Avenue · Day Creek Boulevard/Base Line Road · Day Creek Boulevard/Victoria Gardens Lane · Day Creek Boulevard/Foothill Boulevard · 1-15 Southbound Ramps/Foothill Boulevard · Victoria Gardens Lane/Base Line Road. · Victoria Gardens Lane/Church Street · Etiwanda Avenue/Church S~eet · Etiwanda Avenue/Foothill Boulevard · Etiwanda Avenue/Arrow Route · Etiwanda Avenue/San Bemardino Avenue · Etiwanda Avenue/Slover Avenue · 1-15 Southbound Ramps/Base Line Road · East Avenue/Base Line Road · I-15 Northbound Ramps/Base Line Road · Cherry Avenue/Foothill Boulevard. The project creates or contributes to these unsatisfactory conditions, winch is considered to be a significant impact except to the extent mitigated below. Finding: This impact is analyzed in Section 4.1 of the FEIR. The FEIR analysis identified several mitigation measures to reduce potential impacts associated with this issue to a less than significant level. The City is adopting all of the traffic and circulation mitigation measures recommended in the FEIR, with the exception of those rejected measured discussed in Section IV.C. below in these Findings. Except as discussed in Section IV.C. below, imposition of the following mitigation measure will reduce these impacts to a level of insignificance: 4.1.3A Except where noted below that full funding for the improvement has been assured by the City or by the existing Community Facilities District (CFD) 2001-1, the project shall make a fair share contribution, through payment of traffic fees as provided in the project Development Agreement, to the following improvements: · Day Creek Boulevard/Base Line Road - Addition of a second eastbound left turn lane and a second westbound lefic turn lane. Funding and completion of this improvement has bean assured by the existing CFD 2001-I at no cost to the project. · Day Creek BoulevardFv'ietoria Gardens Lane - Addition of a flee northbound right mm lane. Short eastbound green phase will necessitate proinbition of pedestrian crossing of Day Creek Boulevard on the south leg of this intersection. · Day Creek Boulevard/Foothill Boulevard - Addition of a free westbound right mm lane, winch will continue to become the free northbound right turn lane at Day Creek Boulevard/Victoria Gardens Lane. Conversion of one northbound left mm lane to a northbound through lane. Addition ora free northbound right mm lane, winch will continue to become a dedicated right mm lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition of a third southbound left mm lane. Conversion of southbound shared though/right mm lane to a dedicated southbound right turn lane. Modification of signal phasing to provide right turn overlap phasing for southbound right mm movement. As an alternative to the overlap phasing, a free (uncontrolled) right mm for this movement would improve overall intersection operations slightly and permit eastbound U-tums, although a LOS calculation will show greater average delay for controlled movements. This signal will need to be operated "split phase" northbound and southbound to allow three southbound lanes to turn left. Short westbound through green phase will require pedestrians crossing Day Creek Boulevard on the north leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the north leg of the intersection. Southbound left turn lanes must be side-by-side with the northbound left mm lane at Victoria Gardens Lane to provide sufficient queuing capacity for southbound left mm movements (See Figure 4.1.15. in the EIR). Coordination of signal timing with Day Creek Boulevard/Victoria Gardens Lane shall be implemented to provide maxhunm use of southbound green time. Signal timing must consider pedestrian crossing of the east leg of the intersection in order to connect a pedestrian trail from north to south. Short northbound through green phase will require pedestrians crossing Foothill Boulevard on the east leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the east leg of the intersection. · I-15 Southbound Ramps/Foothill Boulevard - Addition of a free eastbound right mm lane. · Victoria Gardens Lane/Base Line Road - Conversion of planned northbound shared through/right mm lane to a free right mm lane. Funding and completion of this u'nProvement has been assured by the existing CFD 2001-1 at no cost to the project. · Victoria Gardens Lane/Church Street - Addition of a second westbound left turn lane. Modification of signal phasing to provide right mm overlap phasing for northbound right turn movement. Funding and completion of these improvements has been assured by the existing CFD 2001-1 at no cost to the project. · Etiwanda Avenue/Church Street - Addition of a dedicated northbound left mm lane, resulting in a single left turn lane and a single shared through/right turn lane. Addition of a dedicated eastbound left turn lane, resulting in a single left turn lane and a single shared through/right mm lane. Addition of a dedicated westbound left mm lane, resulting in a single left mm lane and a single shared through/fight mm lane. Funding and completion of these improvements has been assured by the existing CFD 2001-1 at no cost to the project. · Etiwanda Avenue/Slover Avenue - Addition of a third and a fourth northbound through lane, a second eastbound left turn lane, a second southbound left turn lane, a second westbound left turn lane, and a free westbound right mm lane. These mitigations will maintain the level of service at this intersection at its 2001 level, which did not meet the City of Ontario's LOS D standard. · 1-15 Southbound and Northbound Ramps/Bnse Line Road - Freeway interchange must be recons~racted to include southbound and northbound loop on-ramps. Plans for the reconstmctiun of this intemhange are currently being prepared by Cal~'ans, SANBAG, and the City of Rancho Cucamunga. The reconslmction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. The City has committed to perform these improvements at no cost to the project. · Cherry Avenue/Foothill Boulevard - Addition of a second eastbound left mm lane, a dedicated eastbound right mm lane, a second southbound left mm lane, a dedicated northbound right mm lane, and a dedicated westbound right mm lane. These mitigations will maintain the level of service at this intersection at its 2001 level, which did not meet the City of Funtana's LOS C standard. · East Avenue/Base Line Road - Mitigation at this intersection is included as part of 1-15/Base Line Road interchange recons~uction. · Etiwanda Avenue/Foothill Boulevard - Addition of a second southbound through lane, a second northbound through lane, and a second northbound left mm lane. Modification of signal phasing to provide right turn overlap phasing for the northbound right mm movement. Facts and Analysis in Support of the Finding: The level of service for the impacted intersections (Year 2020 with project conditions) is detailed in Table 4.1.N of the FEIR. With the implementation of the recommended intersection improvements outlined in the above stated mitigation measure, minimum level of service standards are maintained at these intersections (refer to Table 4.1.O of the FEIR); therefore, impacts related to this issue will be reduced to a less than significant level, except as otherwise noted in Section W.C. below. 2. NOISE a. Construction Activities Potential Significant Impact: Impact 4.2.1. Noise levels from grading and other construction activities for the proposed project may range up to 85 dBA Lm~ at the closest planned residential uses to the north of the project site for very limited times when construction occurs near them. Cons~'ucfiun noise impacts of the proposed project would be potentially adverse. Therefore, mitigation measures would be required. Finding: This impact is analyzed in Section 4.2 of the FEIR. The City is imposing the following mitigation measure that will reduce potential impacts associated with this issue to a less than significant level. 4.2.1A Construction shall be limited to the hours of 6:30 a.m. through 8:00 p.n~ on Monday through Saturday, excluding national holidays. No construction shall be allowed on Sundays. 4.2.1B There shall be proper muffling of and maintenance of all internal combustion engines for constmctiun equipment and vehicles used on the site. 4.2.1C All stationary noise generating sources, such as ah: compressors and portable power generators, shall be located as far away as possible from existing sensitive receptors. Facts and Analysis in Support of the Findings: Construction of the proposed project is expected to require the use of earthmovers, bulldozers, scrapers, graders, backfillers, front loaders, and water and pickup. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Each bulldozer would also generate 88 dBA ]Lm~x at 50 feet. The maximum noise level generated by water and pickup macks is approximately 86 dBA L~ at 50 feet from these vehicles. Each doubling of the sound sources with equal strangth increases the noise level by 3 dBA. Assuming that each piece of construction equipment operates as an individual noise source, the worst case composite noise level during ttfis phase of consmaction would be 91 dBA Lmax at a distance of 50 feet from an active consmaction area. As these noise sources are point sources, the noise decreases at a rate of 6 dB per doubling of distance. The nearest residences are located to the north of the project site on the opposite side of Church Sheet. These residences are approximately 100 feet from the project boundary and may be subjected to short-term noise reaching 85 dBA Lmax intermittenfly generated by construction activities on the project site. This level of noise is comparable with vehicular traffic noise on Church Street. To minimize the impact of the construction noise on residences adjacent to the project area, compliance with the City's Noise Control Ordinance would be required. Construction related noise impacts of the proposed project would be potentially adverse; however, with the implementation of applicable mitigation measures, the impact would be reduced to a less than significant level. b. Long Term Noise Impact Potential Significant Impact: Impact 4.2.2. There will be a significant increase ia project related traffic noise on Victoria Gardens Lane from Base Line Road to south of Church Street. In addition, proposed residential properties on the project site may be exposed to potentially significant traffic noise impacts. Therefore, mitigation measures are required to ensure that the sensitive receptor locations are not exposed to traffic noise levels exceeding the City's standards. Finding: This impact is analyzed in Section 4.2 of the FEIR. The City is imposing the following mitigation measure that will reduce potential impacts associated with this issue to a less than significant level. 4.2.2A Residential units located within 86 to 172 feet of the centerline of Day Creek Boulevard shall be equipped with building facade upgrades, such as double paned (or dual glazing) windows, and mechanical ventilation, such as an ak conditioning system 4.2.2B Residential units located within 364 feet of the centefline of Day Creek Boulevard or within 99 feet of the centerline of Church Street shall be equipped with mechanical ventilation, such as an ak conditioning system. The following mitigation measure is required for off-site sensitive uses that would experience potentially significant project related traffic noise Unpacts: 4.2.2C Sensitive receptors located along Victoria Gardens Lane within the proposed Victoria Arbors Village may requffe a six foot sound wall if outdoor land uses fall within 77 feet of the roadway. A form of mechanical ventilation, such as air conditioning, will be required if the residences are within 165 feet of Victoria Gardens Lane. The following mitigation measure is required for outdoor on-site uses which may be exposed to project related U'affic noise: 4.2.2D Outdoor plazas and dining areas shall incorporate features to mask or reduce noise generated from project related traffic. Specifically, the project design shall utilize water features (e.g. fountains), either alone, or in tandem with other noise-reducing features (e.g., vegetative screening, slxuctural design), to reduce noise levels within outdoor gathering and dining areas. Facts and Analysis in Support of the Findings: The FI-IWA Highway Traffic Noise Model (FI-lWA-77-108) was used to evaluate the traffic related noise conditions in the vicinity of the project site. This model requires various parameters, including traffic volumes, vehicle mix, vehicle speed, and roadway geometry to compute typical equivalent noise levels during daytime, evening, and nighttime hours. The future no project and future with project average daily traffic (ADT) volumes in the area were taken from the traffic report prepared for this project. The resultant noise levels are weighted and summed over 24 hour periods to determine the L,~ value. L~ contours are derived through a series of computerized iterations to isolate the 60, 65, and 70 dBA L~ contours for future traffic noise levels in the area. Future Iraffic noise levels are detailed in Tables 4.2.C and 4.2.D of the FEIR. Traffic noise under future (2020) baseline conditions would range from moderate to high in the project vicinity. Projected traffic noise along future Day Creek Boulevard, Base Line Road, and Foothill Boulevard is high, whereas projected traffic noise along Rochester Avenue, Victoria Gardens Lane, Etiwanda Avenue, and Church Street is moderate. A significant increase in project related traffic noise would occur on Victoria Gardens Lane from Base Line Road to south of Church Street. As stated in the FEIR, implementation of the above stated mitigation measures will reduce traffic related noise to a below City standards; thereby reducing potential impacts related to this issue to a less than significant level. c. Truck Delivery and Loading/Unloading Potential Significant Impact: Impact 4.2.3. Noise levels from the truck delivery and loading/unloading activities for the proposed project may range up to 61 dBA Lmax at the closest residential uses proposed on the project site. Noise impacts from the truck delivery and loading/unloading activities would be potanfially adverse. Therefore, mitigation measures would be required. Finding: This impact is analyzed in Section 4.2 of the FEIR. The City is imposing the following mitigation measure that will reduce potential impacts associated with this issue to a less than significant level. 4.2.3A On-site residences located within 250 feet of any loading dock shall be equipped with mechanical ventilation, such as an air conditioning system. 4.2.3B In accordance with City Code Section 17.10.050 of the Performance Standards, no loading or unloading activities, including truck idling shall occur between the hours of 10 p.m. to 7 a.m. within 250 feet of any residential development. Facts and Analysis in Support of the Findings: The closest off-site sensitive receptors are at a distance of approximately 300 feet from the nearest area that an on-site loading/unloading area could be located. The noise attenuation of loading/unloading activities provided by distance divergence at 300 feet is approximately 16 dBA compared to the leyel at 50 feet. Therefore, residences to the north of the commercial portion of the project site would be exposed to loadfug/unloading noise levels of 59 dBA Lmm. This noise level is expected to be further attenuated by the on-site buildings. This noise level is below the nighttime Lm~ oft0 dBA (10 p.m. to 7 a.m.) from commercial activities specified in Section 17.10.050 of the Performance Standards; therefore, no mitigation for noise impacts to off-site sensitive receptors is required. 23 /?9 The on-site noise generating activities closest to sensitive uses would be from the loading/unloading activities associated with the proposed retail stores. Unloading and loading activities of trucks include the idling of refrigerator trucks. The closest loading dock to the proposed on-site residences are at a distance of approximately 250 feet. Based on noise readings fi.om loading and unloading activities for other similar projects, a noise level of 75 dBA Lm~ at 50 feet was used in this analysis. The noise attenuation of loading/unloading activities, provided by distance divergence at 250 feet, is approXnnatoly 14 dBA compared to the level at 50 feet. Therefore, residences of the project site would be exposed to loading/unloading noise levels of 61 dBA Lm~x. This noise level exceeds the nighttime Lm~ of 60 dBA (10 p.m. to 7 a.m.) fi.om commercial activities specified in Section 17.10.050 of the Performance Standards. Implementation of the above stated mitigation measures will reduce potential impacts to proposed on-site sensitive receptors to a less than significant level. 3. PUBLIC SERVICES a. Impacts to School Facilities Potential Significant Impact: Impact 4.6.1. As a result of the overcrowding in the classrooms of the Etiwanda and Chaffey School Districts, both have urged and continue to urge the City not to approve development unless adequate school facilities are available to serve the development project. Future development will generate more students for the already impacted school districts and is considered significant before mitigation. Finding: This impact is analyzed in Section 4.6 of the FEfiL The City is imposing the following mitigation measure that will reduce potential impacts associated with this issue to a less than significant level 4.6.1A The developer shall pay statutory school fees to the Etiwanda School District and Chaffey Joint Unified High School District subject to the limitations of Government Code Section 65995 et seq. Facts and Analysis in Support of the Findings: Students generated fi.om the project site, for grades K-8 would be served by schools within the Etiwanda School District where additional capacity can be created by temporary classrooms. Terra Vista Elementary School is within close proximity of thc project site and will provide education for grades K-5. For intermediate education, sunmut Intermediate School is closest to the project site.. Starting with the 1996/1997 school year, the State instituted a mandate to place an enrollment cap on all elementary schools that results in a student to teacher ratio of 20:l for grades K-3 and a ratio of 30:l for all other grades. Duc to the lack of available classroom facilities within the Efiwanda School District, some schools cannot comply with this State mandate. One method used to provide additional facilities is accomplished through requiring school fees and or deductions. The Etiwanda School District's (3/30/01) assessment fee for residential development is $2.61 per square foot and $0.23 per square foot for commercial. The cost per dwelling of providing grades K-8 facilities may vary. In general, using current construction cost information for thc district, the total cost of new school facilities and related expenses for enrollment growth is $11,619 per home. As of March 30, 2001, Etiwanda School District has a total of 8 elementary schools and 2 intermediate schools. Projections indicate nine elementary and three intermediate schools are required to acconmaodate the projected 2002 student population. The Chaffey Joint Unified High School Dislrict (CJUHSD) serves 'the communities of Montclair, Ontario and Rancho Cucamonga. Approximately 20,805 students are currently enrolled at the District's six high schools and two continuation high schools. The Victoria Gardens project site is located within the attendance area of Etiwanda High School. The student population at this school current exceeds capacity. Within the District, two new high schools, Los Osos and Colony, are scheduled to open in September 2002. The District's adopted Boundary Plan, indicates, that upon opening of these two new high schools, the project site will be located within die attendance area of Rancho Cucamonga High School. The CJUHSD collects developer fees of $0.10 per square foot for commercial/industxial development and $0.64 per square foot for residential development. The proposed project would require additional staffing and facilities to accommodate the proposed 600 multi-family residential units. However, implementation of the identified mitigation measure will reduce potential school related impacts to a less than significant level. b. Impacts to Police Protection Services/Facilities Potential Significant Impact: Impact 4.6.2. Development of the proposed commercial, residential, or office uses may increase the demand for police services. Additional police personal, facilities and/or equipment will be required to service any increased demand for police services associated with development of the Victoria Gardens project. This impact is potentially significant. Finding: This mipact is analyzed in Section 4.6 of the FEIR. The City is imposing the following mitigation measures that will reduce potential impacts associated with this issue to a less than significant level. 4.6.2A The developer shall submit to the City a Public Safety and Security Plan, which identifies the developer's intent to provide safety services to the project to supplement normal City Police Services. 4.6.2B To address the increased demand on City police services resulting fi.om the propnsed project, an area within the retail center will be set aside for an un-site City police office. Facts and Analysis in Support of the Findings: The construction and occupation of new residential and commercial uses may provide targets for criminal activity; therefore, the proposed project will contribute to an incremental increase in demand on police services and facilities. Development of the proposed commercial, office and residential uses may increase the potential for crimes against persons and property; therefore, additional police protection will be required. During construction of the proposed land uses, crimes of grand theft and malicious mischief will be the major crime problem Afl, er consWuctiun and occupancy of the proposed Victoria gardens project, an increased potential for crimes against property (theft, robbep/, and burglary) will become the primary concern of local police. The expansion of police protection services and facilities is routinely associated with commercial growth. Additionally, development of the proposed Victoria Gardens project will require adequate emergency access into the project site. Potential impacts to existing pohce protection services and facilities resulting fi.om development of the Victoria Gardens project will be adequately mitigated through adherence to the above stated mitigation measures. c. Impacts to Fire Protection Services/Facilities Potential Significant Impact: Impact 4.6.3. Construction of the proposed project will increase the demand on current Fire District forces and available resources. Therefore, additional fire protection services will be required. Impacts resalting fi.om Victoria Gardens, on the City of Rancho Cucamonga Fire District's fire services are therefore, potentially significant. Finding: This impact is analyzed in Section 4.6 of the FEIR. The City is imposing the following mitigation measures to reduce potential impacts associated with this issue to a less than significant level. 4.6.3A ~he developer shall join Community Facilities District (CFD) 85_ 1 to provide f~re protection services to the site. 4.6.3B The developer shall install f~ll, automatic fire sprinklers systems in all commercial/retail, office, civic and multi-family residential units in accordance with Rancho Cucamonga Fire District Ordinance No. 15 and Rancho Cucamonga Fire Distcict Ordinance No. 22. 4.6.3C The Fire Distxict shall be consulted on street name assignments to assure compliance with response plans. Facts and Analysis in Support of the Findings: The proposed project includes approximately 2.45 million square feet of commercial/retail, office, and civic uses and up to 600 multi-family residential units. Development of the proposed land uses would potentially increase the demand for fire protection services. The project site is located within the area served by the Rancho Cucamonga Fire Dis~ct. Fire Station 3, located on Base Line Road, approximately 1,000 feet east of Day Creek Boulevard, would serve the project site. Additionally, Fire Station 4 (located on Jersey Boulevard, approximately 3 miles west of the "future" Day Creek Boulevard), and Fire Station 5, located on Banyan Street, approximately 2.5 miles west of the "future" Day Creek Boulevard would also assist in provision of fire/emergency services. An impact to fire protection is considered significant if it creates a demand for fire protection services that results in response times in excess of five (5) minutes for fire and emergency medical calls to the project site area. With implementation of the proposed mitigation measures, all potential significant effects on fire services associated with the Victoria Gardens project would be reduced to below the level of significance. C. IMPACTS ANALYZED IN THE FEIR AND DETERMINED TO BE SIGNIFICANT AND UNAVOIDABLE. Based upon information in the FEI1L in the record, and based upon testimony provided during the public hearings on this project, the following adverse impacts of the Victoria Gardens project as more particularly discussed below are considered to be significant and unavoidable, both individually and cumulatively: Traffic and Circulation, and Air Quality. Despite implementation of the adopted mitigation measures that will reduce impacts to the extent feasible, these impacts are considered significant and unavoidable despite the adopted mitigation. 1. Traffic and Circulation a. Year 2007 Freeway Segment Conditions Significant Unavoidable Impact: Impact 4.1.2. Three freeway segments are forecast to operate below the LOS E threshold under year 2007 with project conditions in the a.m. and./or p.m. peak hour. These segments are as follows: · Interstate 15 Northbound fi:om Jumpa Street to I-10 · Interstate 10 Eastbound fi'om Archibald Avenue to I-15 · Interstate 10 Eastbound fi:om Etiwanda Avenue to Cherry Avenue. The project creates or contributes to these unsatisfactory conditions, which is considered to be a significant impact. Finding: This impact is analyzed in Section 4.1 of the FEIR. The FEIR analysis identified the following mitigation measures that would maintain freeway operations under year 2007 with project at acceptable levels of service. These measures are infeasible, and will not be imposed by the City. 4.1.2A As shown in Table 4.I.M in the FEI1L the addition of the following freeway lanes would maintain freeway opemtiuns under year 2007 with project conditions at acceptable levels of service: · Interstate 15 from Jurupa Street to I-10 - Addition of one northbound HOV lane. · Interstate 10 from Archibald Avenue to 1-15 - Addition of one eastbound mixed-flow lane. · Interstate 10 from Etiwanda Avenue to Valley Boulevard - Addition of one eastbound HOV lane. 26 o,~OC~ · Interstate 10 from Valley Boulevard to Cherry Avenue - Addition of one eastbound mixed flow lane and one eastbound HOV lane. There are no feasible mitigation measures for these impacts. Since there are no feasible mitigation measures for these conditions, impacts remain significant and unavoidable. Facts and Analysis in Support of the Findings: As detailed in Table 4.1.L of the FEIR, all the freeway segments examined, with the exception of those identified above, are forecasted to operate at satisfactory levels of service (LOS E or better) under 2007 with project conditions. Improvements to 1-10 and 1-15 are under the authority of Caltrans. As shown on Table S-3 of the SEIR, the cost of making the recommended 1-15 and 1-10 improvements would be approximately $7,800,000. Requiring the developer to pay any portion of this cost, however, would render the project financially infeasible for development. A pro-forma economic projection of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro-forma shows that the developer's anticipated "cash on cost" return is slightly less that the 12% return or "hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost, contribution or exaction beyond the amounts budgeted in the proforma would make the project an undesirable investment, and it would not be developed. The freeway segment mitigation described above is not within the pro-forma budget. Consequently, the above stated mitigation measures are not feasible, and will not be imposed. b. Year 2020 with Project Freeway Segment Conditions Significant Unavoidable Impact: Impact 4.1.4 Six freeway segments arc forecast to operate below thc LOS E threshold under year 2020 with project conditions in the a.m.and./or p.m. peak hour. These segments are as follows: · Interstate 15 Northbound from SR-60 to Duncan Canyon Road · Interstate 10 Eastbound from Vineyard Avenue to I- 15 · Interstate 10 Eastbound from Etiwanda Avenue to Cherry Avenue · Interstate 10 Westbound from 1-15 to Milliken Avenue · State Route 210 Eastbound from Carnelian Street Day Creek Boulevard · State Route 210 Eastbound from Cherry Avenue to East Avenue. The project creates or contributes to these unsatisfactory conditions, which is considered to be a significant impact. Finding: This impact is analyzed in Section 4.1 of the FEIR. The FEIR analysis identified the following mitigation measures that would maintain freeway operations under year 2020 with project at acceptable levels of service. These measures arc infeasible, and will not bc imposed by the City. 4.1.4A As shown in Table 4.1.Q in the FEIR, thc addition of the following freeway lanes would maintain freeway operations under year 2020 with project conditions at acceptable levels of service: · Interstate 15 from SR-60 to Duncan Canyon Road - Addition of one northbound mixed-flow lane and one northbound HOV lane. · Interstate 10 from Vineyard Avenue to Archibald Avenue - Addition of one eastbound mixed-flow lane. · Interstate 10 from Archibald Avenue to Milliken Avenue - Additon of two eastbound mixed-flow lanes. · Interstate 10 from Milliken Avenue to I-15 - Addition of two eastbound mixed-flow lanes and one westbound mixed-flow lane. · Interstate 10 from Etiwanda Avenue to Cherry Avenue - Addition of two eastbound mixed-flow lanes and one eastbound HOV lane. · State Route 210 from Carnelian Street to Day Creek Boulevard - Addition of one eastbound mixed-flow lane. · State Route 210 from Cherry Avenue to East Avenue - Addition of one eastbound mixed-flow lane. There are no feasible mitigation measures for these impacts. Since there are no feasible mitigation measures for these conditions, impacts to these freeway segments remain significant and unavoidable. Facts in Support of the Finding: As detailed in Table 4.1.P of the FEIR, all the freeway segments examined, with the exception of those identified above, are forecasted to operate at satisfactory levels of service under 2020 with project conditions. Improvements to 1-10 and 1-15 are under the authority of Cala~ms. As shown on Table S-5 of the SEIR, the cost of making the recorcunended SR 210, 1-15 and I-I0 improvements would be approximately $51,480,000; of which $2,117,188 is the project's "fair share". Requiring the developer to pay any portion of this cost, however, would render the project financially infeasible for development. A pro-forma economic projection of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro-forma shows that the developer's anticipated "cash on cost" return is slightly less that the 12% return or "hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost, contribution or exaction beyond the amounts budgeted in the proforma would make the project an undesirable investment, and it would not be developed. The freeway segment mitigation described above is not within the pro-forma budget. Consequently, the above stated mitigation measures are not feasible, and will not be imposed. c. Project Intersection Conditions Significant Unavoidable Impact: Impact 4.1.4. Mitigation identified in the FEIR for the following intersections will not be imposed on the project by the City, thereby creating a potential for unsatisfactory levels of service in conflict with the CMP: 2007: · Day Creek Boulevard/SR-210 Westbound Ramps - Addition of a free southbound right turn lane. · Etiwanda Avenue/Arrow Route - Addition of a second northbound through lane. · Etiwanda Avenue/Slover Avenue - Addition of a second southbound left turn lane and a free westbound fight turn lane. 2020: · Archibald Avenue/Foothill Boulevard - Addition of a dedicated eastbound right turn lane, a dedicated northbound right turn lane, and a second southbound lefl~ turn lane. · Haven Avenue/Base Line Road - Addition of a third eastbound through lane and a second eastbound lefr turn lane. · Milliken Avenue/SR-210 Eastbound Ramps - Addition of a free northbound right turn lane. · Milliken Avenue/Base Line Road - Addition of a third eastbound through lane and a third southbound through lane. · Milliken Avenue/Foothill Boulevard - Addition of a third eastbound through lane, a third and a fotuth southbound through lanes, and a dedicated northbound right turn lane. · Milliken Avenue/Arrow Route - Addition of a second eastbound leR mm lane, a third eastbound through lane, and a fourth northbound through lane. · Milliken Avenue/4th Street - Addition of a third southbound left turn lane. Modification of signal phasing to provide right turn overlap phasing for northbound right turn movement. · Rochester Avenue/Arrow Route - Conversion of second northbound left turn lane to a second northbound tin'ough lane. · 1-15 Southbound Ramps/4th Street - Addition of a free southbound right mm lane. Modification of signal phasing to provide right turn overlap phasing for northbound right turn movement. · Day Creek Boulevard/Summit Avenue - Addition of dedicated northbound and southbound right mm lanes. · Day Creek Boulevard/SR-210 Westbound Ramps - Construction ora loop off-ramp for westbound SR-210 traffic exiting south onto Day Creek Boulevard. · Day Creek Boulevard/SR-210 Eastbound Ramps - Addition of a flee northbound right turn lane. Conversion of eastbound shared let~ turn/through/right mm lane to a shared through/right turn lane. · Day Creek Boulevard/Highland Avenue - Addition of dedicated northbound and southbound right mm lanes. Conversion of westbound shared through/right mm lane to a dedicated right mm lane. Modification of signal phasing to provide right mm overlap phasing for westbound right mm movement. · Etiwanda Avenue/Arrow Route - Addition of a second northbound through lane, a second southbound through lane, a second eastbound through lane, a second eastbound let~ turn lane, a second westbound lef~ mm lane, and a dedicated northbound right mm lane. · Etiwanda Avenue/San Bernardino Avenue - Addition of a second eastbound left turn lane. Finding: Impacts at these locations are analyzed in Section 4.1 of the FEIR. The FEIR analysis identified the preceding mitigation measures that would maintain intersections under year 2020 with project at acceptable levels of service. These measures are infeasible, and, in accordance with the Development Agreement for the project, will not be imposed by the City. Level of service impacts at these locations will be significant and unavoidable. Facts in Support of the Finding: As shown on Tables S-3 and S-5 of the FEIR, the cost of making these improvements would exceed three million dollars, of which the project's "fair share" would be more than four hundred thousand dollars. Requiring the developer to pay any portion of this cost, however, would render the project financially infeasible for development. A pro-forma economic projection of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro-forma shows that the developer's anticipated "cash on cost" return is slightly less that the 12% return or "hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost, contribution or exaction beyond the amounts budgeted in the proforma would make the project an undesirable investment, and it would not be developed. The intersection mitigation described above is not within the pro-forma budget. Consequently, the above stated mitigation measures are not feasible, and will not be imposed. d. Potential Delays in Implementation of Traffic and Circulation Improvements Significant Unavoidable Impact: Impact 4.1.5. Several of the mitigation measures for Traffic and Circulation impacts require the payment of a "fair share" contribution by the project, rather than requiring the project to pay the entire cost of the improvement or guaranty that it be installed and completed by the time the project opens. Other measures identify the City or a CFD as a funding source. If the remainder of the funding from other sources is not timely obtained, or if the improvements are delayed for other reasons, the project may operate with additional unmitigated traffic impacts. Finding: Impacts from the project before mitigation are analyzed in Section 4.1 of the FEIR and will be significant. These impacts could be avoided if the City required the project to pay 100 percent of the cost of each improvement and to assure or guaranty that the project would not open until all required improvements were installed. Such a requirement is infeasible, and will not be imposed by the City. Accordingly, level of service impacts at locations where the developer is contributing a "fair share" may be significant and unavoidable if the remainder of the funding is not available when needed or the improvements are otherwise delayed. Facts in Support of the Finding: As shown on Tables S-3 and S-5 of the FEIR, the cost of all the offsite traffic improvements needed to fully mitigate project impacts exceeds 85 million dollars. Requiring the developer to pay any portion of this cost beyond its fair share for the mitigation being imposed, however, would render the project £mancially infeasible for development. A pro-forma economic projection of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro-forma shows that the developer's anticipated "cash on cost" return is slightly less that the 12% return or "hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost, contribution or exaction beyond the amounts budgeted in the proforma would make the project an undesirable invesanent, and it would not be developed. In addition, construction financing and leasing practices for a large development like the project will require the project developer to commit to a an opening date for the project, and will not allow the opening to be postponed because of delays in funding or completing offsite traffic improvements. Consequently, the above stated mitigation measures are not feasible, and will not be imposed. 2. AIR QUALITY a. Short-term Construction Related Impacts Significant Unavoidable Impact: Impact 4.3.1. Peak grading and construction emissions would exceed the SCAQMD thresholds for the criteria pollutants of NOx and PM~0, which are 100 pounds per day and 150 pounds per day, respectively. Emissions of other criteria pollutants would be below the standards. Implementation ofimtigafion measures will minimize air quality impacts; however, the impacts will remain significant. Finding: Issues associated with the proposed project's effects on air quality are discussed in Section 4.3 of the FEIR. The City is imposing the following mitigation measures that would reduce the level of construction related emissions, but not below a level of siguificance. 43.1A The Consmtction Contractor shall select the consh'ucfion equipment used on site based on Iow emission factors and high energy efficiency. The Construction Contractor shall ensure that construction grading plans include a statemant that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 4.3.1B The Construction Contractor shall utilize electric or diesel powered equipment in lieu of gasoline powered engines where feasible. 4.3.1C The Construction Contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. During smog season (May through October), the overall length of the construction period should be extended, thereby decreasing the size of the area prepared each day, to minimize vehicles and equipment operating at the same time. 4.3.1D The Construction Contractor shall time the consh-action activities so as not to interfere with peak hour traffic and minimize obstruction of through traffic lanes adjacem to the site; if necessary, a flagperson shall be retained to maintain safety adjacent to existing roadways. 30 4.3.1E The Construction Contractor shall support and encourage ridesharing and transit incentives for the construction crew. 4.3.1F Dust generated by the development activities shall be retained on site and kept to a minimum by following the dust control measures listed below. a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water tracks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the late morning and after work is completed for the day, and whenever wind exceeds 15 miles per hour. c. After clearing, grading, earth moving, or excavation is completed, the entire area of disturbed soil shall be treated immediately by pickup of the soil until the area is paved or otherwise developed so that dust generation will not occur. d. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. e. Tracks transporting soil, sand, cut or fill materials, and/or construction debris to or from the site shall be tarped from the point of origin. 43.1G The Constmctiun Contractor shall utilize as much as possible precoated/natoral colored building materials, water based or low VOC coating, and coating transfer or spray equipment with high transfer efficiency, such as a high volume low pressure (HVLP) spray method, or manual coatings application such as paint brush, hand roller, lxowel, spatula, dauber, rog, or sponge. Despite implementation of the stated mitigation, short-term construction emissions would exceed the SCAQMD's daily thresholds for the criteria pollutants of NOx and PM~o.. Therefore, impacts associated with this issue would remain significant and unavoidable. Facts in Support of the Finding: Grading and construction activities would cause combustion emissions from utility engines, heavy-duty construction vehicles, haul tracks, and vehicles transporting the cons~uction crew. Exhaust emissions during grading and construction activities envisioned on site would vary daily as construction activity levels change. It is assumed that construction or building erection would not begin until at, er mass grading on the project site is completed. Therefore, there would be no overlap in emissions from grading or building erection/constmctiun. Construction emissions associated with grading of the proposed project have been estimated based on the methodology outlined in the SCAQMD CEQ~t ~4ir Quality Handbook and on analysis of similar projects. Fugitive dust emissions are generally associated with demolition, land clearing, exposure, vehicle, and equipment travel on unpaved roads and with cut and fill operations. Dust generated during construction activities would vary substantially depending on the level of activity, the specific operations, and weather conditions. Nearby sensitive receptors and workers may be exposed to blowing dust, depending upon prevailing wind conditions. Assuming that a limited amount of debris will be imported or exported from the project site, exhaust emissions from haul tracks and dust from soil transfer are expected to be minimal. The SCAQMD estimates that each acre of graded surface creates about 26.4 pounds of PMl0 per workday during the construction phase of the project and 21.8 pounds of PM~o per hour from dirt/debris pushing per dozer. Because the project area covers 174 acres, it is not expected that the entire project site would be graded at the same time. Therefore, it is assumed that a maximum often acres of land would be under mass grading on any one day. It is also assumed that two dozers would be used up to eight hours a day each. A maximum of one acre of open stockpiles would occur on the project site, which will generate 85.6 ppd of PM~0. Therefore, a total of 698 pounds of PMio per day would be generated from soil disturbance without mitigation during peak construction phase. Tiffs level of dust emission would exceed the SCAQMD threshold of 150 pounds per day. The project will be required to comply with regional roles, which would assist in reducing the short-term air pollutant emissions. SCAQMD Rule 403 requires that fugitive dust be controlled with best available control measures so that the presence of such dust does not remain visible in the atmosphere beyond the property line of the emission source. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance offsite. Implementation of these dust suppression techniques as required by the SCAQMD can reduce the fugitive dust generation (and thus the PM~0 component) by 50 to 75 percent. Assuming a mitigating efficiency of 50 pement by implementation of the standard mitigation, daily PM~0 emissions from soil disturbance would be reduced to approximately 349 pounds. Compliance with these roles would reduce impacts on nearby sensitive receptors. However, fugitive dust impacts would remain adverse. Mitigation measures would be required. It is assumed further that, on a peak grading day, a total of 24 workers would be working on the project site. Assuming an average 50 mile round trip commute length for every worker, emissions from the daily 1,200 miles of travel by worker commute would generate 10.3 pounds per day (ppd) of CO, 1.9 ppd of ROC, 3.3 ppd ofNOx, 0.6 ppd of SOx, and 1.2 ppd of PM~0. As shown, peak grading day construction equipment emissions would exceed the SCAQMD daily thresholds for the criteria pollutants NOx and PM~0. Because short-term construction emissions would exceed the SCAQMD daily threshold for NO~ and PMm, even after implementation of the above stated mitigation, this impact remains significant. b. Air Pollutants with Regional Impacts Significant Unavoidable Impact: Impact 4.3.2. Long-term air pollutant emission impacts are those associated with changes in permanent usage of the project site. Area sources include on-site emissions such as natural gas consumption and emissions associated with consumer products. Mobile source cmissinns result from vehicle trips associated with the proposed project. These impacts would be potentially significant Finding: Issues associated with the proposed project's effects on air quality are discussed in Section 4.3 of the FEIR. The City is imposing the following mitigation measures that will reduce regional air quality impacts, but not below a level of significance. 43.2A The project shall comply with Title 24 of the California Code of Regnlations or City requirements regarding energy conservation standards. 4.3.2B Use of transportation demand measures (TDM), such as preferential parking for vanpooling/carpooling, subsidy for transit pass or vanpooling/carpooling, flextime work schedule, bike racks, lockers, showers, and on-site cafeteria, shall be incorporated in the design of the commercial land uses. 43.2C Prewire houses for electrical charging EV cars, if feasible. Install conduits for fiber optics for residential and non-residential uses. 4.3.2D Install EV chargers or alternative fuel stations (natural gas) for community wide use at key commercial and public location(s), if feasible. 4.3.2E The developer shall contract with a mitigation mohitur to assure compliance with and implementation of the mitigation monitoring program. Total emissions from long-term project operations would include stationary sources added to the mobile sources. The emissions for CO, NOx, ROC, and PMl0 would exceed the SCAQMD thresholds for daily operations emissions. No feasible mitigation measures are available to reduce long-term air quality emissions from project related vehicles to a less than significant level. Transportation demand management (TDM) measures and the other measures imposed as described above are effective in reducing mobile source emissions, but cannot feasibly reduce impacts below a level of significance, particularly with a retail-based development in a suburban setting. Therefore, the project would have a significant impact on air quality after mitigation. Facts in Support of the Finding: Proposed on-site uses include approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple family residential units on 174 acres of land. These land uses would consume natural gas and electricity. While the consumption of electricity and natural gas by the proposed on- site land uses would not hi itself exceed the emission thresholds established by the SCAQMD, when combined with mobile emissions resulting from project related traffic would be significant (Table 4.3.G of the FEIR). There would be 57,312 daily vehicular trips associated with the proposed on-site uses. Based on the latest URBEMIS7G air quality model, the proposed land nscs would generate criteria pollutant emissions that would exceed the operational thresholds for CO, ROC, PM~o and NOx established by the SCAQMD. No feasible mitigation measures are available to reduce long-term air quality emissions from project related vehicles to a less than significant level. Therefore, the project would have a significant impact on air quality after mitigation. c. Cumulative Air Quality Impacts Significant Unavoidable Impact: Development of the proposed project will cumulatively impact air quality within the South Coast Air Basin, and area which is designated nonattamment for ozone, PM~0, and CO. Finding: Both long-term stationary (on-site energy consumption) and mobile (vehicular traffic) sources would contribute to regional criteria pollutant emissions. Because the Basin is a nonattainment zone for ozone and CO, these emissions would cumulatively con~-ibute to significant regional air quality impacts. This cumulative effect is significant and unavoidable. Facts in Support of the Finding: The cumulative study area for air quality impacts encompasses the Basin, which is designated nonat~ainment for ozone, PM10, and CO. Operational emissions associated with the proposed project in conjunction with build out of the City's General Plan will result in significant, cumulative air quality impacts within the Basin. Emission of NOX from construction of the proposed project would cumulatively contribute to regional ozone formation. Because the Basin is a nonattainment zone for ozone, this is a significant air quality impact. Emissions of criteria pollutants and fugitive dust from construction activity would result in mostly localized air quality impacts hi the project vicinity. It is not anticipated that construction at other off-site locations would add to the project related localized air quality impacts. V, PROJECT ALTERNATIVES Chapter 6.0 of the FEIR includes four project alternatives. These alternative address potential impacts associated with: 1) a no-build alternative, 2) an enclosed mall alternative, 3) a retail/civic alternative, and 4) an increased residential alternative. The City has considered these alternatives for the development of the Victoria Gardens project and makes the following findings. No Build Alternative. Under this alternative, no development would take place on site. 'l~e project site would be retained in its current condition. No ground disturbing activities would occur, nor would any form of structure or facility be erected. Finding: Under this alternative, the significant traffic, air quality, and noise impacts associated with the proposed Project would not occur. The project site has been planned for "Regionally Related" commercial uses for over twenty years. While this alternative would significantly reduce the traffic, air quality, noise, and public service impacts associated with development of the proposed project, allowing the project site to remain vacant and undeveloped would not realize the goals and objectives stated in City's General Plan and the stated objectives of the proposed Project. Accordingly, this alternative is rejected as infeasible. Enclosed Mall Alternative. Development of the "Enclosed Mall" would allow construction of an enclosed mall containing the retail, entertainment, and restaurant uses envisioned in the proposed project's "downtown" area (approXUnately 1.543 million square fcc0. While occupying the same acreage as the proposed project, the intensity of residential, outlying retail, and office uses would bc reduced by one-half, resulting in coustmction of up to 300 residential units, 285,000 square feet of office uses, and 150,000 square feet of outlying retail uses. Additionally, thc Enclosed Mall Alternative will include 40,000 square feet of civic uses. Finding: Under the Enclosed Mall Alternative, impacts related to biological resources, cultural resources, and the provision of public services would be similar to the proposed project. Impacts related to public facilities would be proportionally reduced. Traffic volumes would be reduced; thereby, triggering reductious in the noise levels and operational emissions. While the total amount of developed uses envisioned under the Encluscd Mall Alternative equals 81 percent of that included in the proposed project, and will offer a varied mix of retail, office, and residential uses, it will not allow for the development of thc "downtown" environment which is thc keystone component of thc propuscd project. In addition, while some impacts of the Proposed project could be reduced by scaling back the proposed Project so that it would match the dcvalopment densities of the Enclosed Mall Alternative and still provide an open air mixed-use center, the substantial reduction in residential dwelling units, office space and ancillary retail uses would preclude the successful integration of a "new downtown" live-work environment that the City seeks to achieve on this Site. Accordingly, this alternative is rejected as infeasible. Retail/Civic Alternative. Under this alternative, the 174-acre project site would be developed with retail and civic uses only. Using a Floor Area Ratio of 0.25, a maxtmum of 1,851,300 square feet of retail uses would be permitted within the limits of the proposed project site. Additionally, 40,000 square feet of civic uses would be developed on 4 acres within the limits of the project site. Rather than being developed under a Master Plan, development would occur in a more piecemeal fashion. Finding: The Retail/Civic Alternative would result in the development of approximately 1,851,300 square feet (or approximately 77 percent of that of the proposed projeco of retail uses on the 170.0 acre project site and 40,000 square feet of civic uses on 4.0 acres. Iraplemantation of this alternative would substantially modify the project site, resulting in the loss of on-site vegetation, and replacing undeveloped land with urban uses. While impacts to biological and cultural resources would be similar to those resulting from the proposed project, /mplernentation of the Retail/Civic Alternative, traffic volumes would be reduced; thereby, triggering reductions in the noise levels and operational emissions. Accordingly, this alternative is rejected as infeasible. While the development of the Retail/Civic Alternative will permit the development of 1,851,300 square feet of retail uses, it is not possible at this time to identify the location, configuration, type or mix of uses that may occur on-site. Piecemeal development may occur. While development within the project site will continue to be governed by applicable design guidelines established and 34 enforced by the City, the potential for inconsistent or incompatible developmem is a possibility under this alternative. Because the blend of retail, office, residential, and civic uses envisioned under the proposed Project will be Master Planned, it will be possible to establish design guidelines and performance standards to ensure the compatibility and consistency of the proposed Project's varied uses. Additionally, without the residential or office components missing from the Retail/Civic Alternative, the oppommity to develop the "inviting" downtown environment, envisioned as an integral part of the proposed Project, would be lost. Increased Residential Alternative. Development of the project site under this alternative would permit the coustxuctiun of up to 1,500 multiple-family residential units on 100 acres (15 dwelling units/acre), 435,600 square feet of retail uses on 40 acres (FAR 0.25), 522,720 square feet of office uses (FAR 0.40) on 30 acres, and 40,000 square feet of civic uses on 4 acres. Finding: The Increased Residential Alternative would increase the number of residential uses developed on the 174-acre project site. Implementation of this alternative would substantially modify the project site, resulting in the loss of on-site vegetation, and replacing vacant land with urban uses. While impacts to biological and cultural resources would be similar to those resulting from the proposed project, implementation of this alternative would result in a reduction in ADT volumes; thereby, triggering corresponding decreases in vehicle emissions and noise sources. Implementation of this alternative would result in significant increases in the water demand, wastewater genemtiun, and the student populations at local schools. Development of the majority of the project site with residential uses would preclude coustmction of the varied mix of uses and the establishment of the "downtown" venue which are key components of the proposed Project. Accordingly, this alternative is rejected as infeasible. VI. PROJECT BENEFITS The project will provide the following benefits to the City, the Redevelopment Agency, and the community at large: 1. Establishment of a master-planned "downtown" that incorporates complementary retail/cormnercial, office, residential and civic uses. 2. The Victoria Gardens Project provides a mix of cultural and regional commercial uses that gives the City a stable, not transitory, type of development. 3. The Victoria Gardens Project provides a mix of residential, office and commemial uses at an intimate scale that offers lifestyle choices not generally available to residents elsewhere in the City. 4. The Victoria Gardens Project offers an unprecedented opportunity to add a performing arts and library complex to the community. 5. The Victoria Gardens Project offers exceptional economic prominence, strengthened economic base for the City, elimination of economic "leakage" to surrounding areas, direct and indirect stimulation of other economic investments in the community, jobs oppommity for workers, and overall fiscal benefits for the residents. 6. The Victoria Gardens Project provides some major backbone infi'astracture that allow for adequate circulation, delivery of utilities, control of dra/nage and disposal of waste water, which would not be made available to the community without the Project's development. 7. The Victoria Gardens Project will meet each of the objectives set forth in Sections I and II.B above in these Findings. VII. STATEMENT OF OVERRIDING CONSIDERATIONS The City of Rancho Cucamonga adepts this Statement of Oveniding Considerations with respect to the significant unavoidable impacts identified above and in the FEIR, specifically (1) Traffic and Circulation related to (a) Year 2007 with project conditions, (b) Year 2020 with project conditions, and (2) Ak Quality related to (a) short-term construction emissions, 00) long-term operational emissions, and (c) cumulative regional air quality. This section of findings specifically addresses the requirements of Section 15093 of the CEQA Guidelines, which requires the lead agency to balance the benefits of a proposed pmject against its unavoidable significant impacts and to determine whether the impacts are acceptably ovenidden by the project benefits. California Public Resoumes Code 21002 provides: "In the event specific economic, social, and other conditions make infeasible such project alternatives or such mitigation measures, individual projects can be approved in spite of one or more significant effects thereof." Section 21002.1(c) provides: "If economic, social, or other conditions make it infeasible to mitigate one or more significant effects of on the environment of a project, the project may nonetheless be approved or carried out at the discretion of a public agency... ' Finally, California Administrative Code, Title 14, 15093(a) states: "If the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable The City finds that the previously stated major project benefits (see Section VI above) of the Victoria Gardens project outweigh the unavoidable significant adverse environmental impacts noted above. Each of the separate benefits of the proposed develepmant cited in Section VI above is hereby determined to be, in itself and independent of the other pmject benefits, a basis for overriding all unavoidable environmental impacts idantified in the FEIR and these Findings. The City's fmdings set forth in the preceding sections have identified all of the adverse environmental impacts and the feasible mitigation measures which can reduce impacts to less than significant levels where feasible, or to the lowest feasible levels where significant impacts remain. The findings have also analyzed alternatives to determine whether there are reasonable or feasthle alternatives to the preposed action or whether they might reduce or eliminate the significant adverse impacts of the proposed Project. The FEIR presents evidence that implementing the development of the Victoria Gardens project will cause significant adverse impacts, which cannot be substantially mitigated to nonsignificant levels. These significant impacts have been outlined above and the City makes the following finding: Finding: Having considered the unavoidable adverse impacts oftbe Victoria Gardens project, the City hereby determines that all feasible mitigation has been adepted to reduce or avoid the potentially significant impacts identified in the FEIR, and that no additional feasible mitigation is available to further reduce significant impacts. Further, the City finds that economic, social, and other considerations of the Victoria Gardens project outweigh the unavoidable adverse impacts described above. The project benefits and other reasons for accepting these remaining anmitigated impacts are described in these Findings. In making this finding, the City has balanced the benefits of the Victoria Gardens project as developed in accordance with the preposed Master Plan against its unavoidable environmental impacts and has indicated its willingness to accept those risks. Furthermore, the City has considered the alternatives to the project, and makes the following finding: 36 Finding: Alternatives to thc Victoria Gardens project that might have been capable of reducing identified /mpacts have been considered and rejected because the alternatives are not feasible and fail to provide economic and corranunity benefits that will result fi'om the Victoria Gardens project. The City further finds that the Victoria Gardens project benefits are substantial and override each unavoidable impact of the project, as follows: 1) Findings Regarding Traffic and Circulation Impacts The Victoria Gardens project's imp acts to intersections, streets and freeway segments remain significant and unavoidable because paying for improvements other than those provided by the Mitigation Monitoring Program would render the Project fmancially infeasible. Requiring the developer to pay any portion of this cost, however, would render the project financially infeasible for development. A pro- forma economic projection of development costs and estimated economic returns for the project has been submitted by the developer and independently reviewed by the City's economic consultant. The pro- forma shows that the developer's anticipated "cash on cost" return is slightly less that the 12% return or "hurdle rate" ordinarily needed to induce a developer to move forward with a project of this type and scope. Accordingly, any additional cost, contribution or exaction beyond the amounts budgeted in the proforma would make the project an undesirable investment, and it would not be developed. The freeway segment mitigation described above is not within the pro-forma budget. Consequently, the above stated mitigation measures are not feasible, and will not be imposed. This impact is overridden by the new commemial/retail, civic, office, and housing opportunities, infrastructure improvements, and other benefits provided by the Victoria Gardens project. 2) Findings Regarding Air Quality Impacts Construction activities resulting fi'om development of the proposed project, including mass grading, will result in shurt-tenn increases in air emissions that exceed applicable thresholds of the SCAQMD, despite the imposition of mitigation measures. Short-term increases in air emissions fi'om coustmction can be mitigated but are not entirely avoidable, as construction activities within this region will continue to provide necessary and vital housing. Emission of air pollutants resulting fi'om project-related traffic will contribute to a significant long-term air quality. These impacts are overridden by the cona~Jercial/retatl, civic, office, and housing oppormmties, infmstmcture improvements, and other benefits provided by the Victoria Gardens project. 3) Findings Regarding Cumulative Impacts The Victoria Gardens project will contribute to cumulative air quality impacts including short-term impacts to air quality during coustmction or other major projects in the area and on a long term basis as a source of vehicle emission fi'om the proposed project and other projects in the region contributing to an increase in pollutants. Since the South Coast Air Basin is a nonattainment area for federal air quality standards, cumulative increases are considered significant and unavoidable. This impact is overridden by the new commercial/retail, civic, office, and housing opportunities, infrastructure improvements and other benefits provided by the Victoria Gardens project. As the Lead Agency for the FEIR, the City has reviewed the project and the FEIR and fully tmderstands thc Project proposed by Forest City Development. Further, the City finds that all potential adverse environmental impacts and all feasible mitigation measures to reduce these impacts have been identified in thc FEIR and public testimony. These impacts and mitigation measures are discussed in Section 1V above. 37 The City also finds that a reasonable range of alternatives was considered in the FEIR and this documem, Section V above, and that no feasible alternatives which substantially lessen project impacts are available for adoption. The City has identified economic and social benefits and important public policy objectives enumerated in Section VI above, which will result from implementing the Victoria Gardens project. The City has balanced these substantial social and economic benefits against the unavoidable siEnificant adverse effects of the proposed project. Given the substantial social and economic benefits that will accrue to the City of Rancho Cacamonga, and the region, from developing the proposed project, the City finds that the benefits identified herein override the unavoidable environmental effects. VIII. ADOPTION OF A MONITORINGfREPORTING PROGRAM FOR THE CEQA MITIGATION MEASURES Section 21081.6 of the Public Resources Code requires the City adopt a monitoring or reporting program regarding the changes in the project and mitigation measures imposed to lessen or avoid siLgnificant effects on the environment. The Mitigation Monitoring and Ropordag Program (MMRP), included as Appendix H in the FEIR, is adopted as modified, because it falfills the CEQA mitigation monitoring requirements: a) The MMRP is designed to ensure compliance with the changes in the project and mitigation measures imposed on the project during project implementation; and b) Measures to mitigate or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. THE CITY OF i~AN C ~1 0 C~ICAMONGA Staff Report DATE: .February 20, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to establish a Development Agreement and the detailed review of a master plan for a project known as Victoda Gardens, a mixed-use development consisting of approximately 2.45 million square foot retail, office, and civic uses as well as 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 thru 43. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND VICTORIA COMMUNITY PLAN AMENDMENT 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. -A request to amend the Victoria Community Plan by changing the land use designation from Regional Center to Mixed Use and modifying various text sections and graphics in the Community Plan to accommodate the proposed project known as the Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 thru 43. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUBTT15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to subdivide approximately 147 acres of land into 97 pa rcels and 39 lettered lots (private and public streets) to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. RECOMMENDATION; The Planning Commission recommends that the City Council certity the Environmental Impact Report as adequate and approve Development Agreement 01-02, Victoda Community Plan Amendment 01-01, and Tentative Parcel Map SUBq-1'15716 applications through the adoption of the attached Resolutions and Ordinances. CITY COUNCIL STAFF REPORT DA01-02, VCPA01-01, TPMSUBTT15716 - FOREST CITY DEV. CALIFORNIA, INC. February 20, 2002 Page 2 ANALYSIS/BACKGROUND: In March of 2001, the City approved the Victoria Arbors Master Plan for the area within the Victoria Planned Community previously known as the Village of Victoda Lakes. Along with the Master Plan, the City adopted General Plan and Victoria Community Plan Amendments to designate the area for Mixed Use development but this did not affect the Victoria Gardens Regional Center site. The General Plan Update adopted by the City Council in October 2001 designates the area Mixed Use. The area south of Church Street, east of Day Creek Boulevard, north of Foothill Boulevard, and west of the 1-15 Freeway was designated "Regional Center" by the Victoria Arbors Master Plan. Forest City Development is now requesting approval of a Development Agreement that includes a Master Plan, Victoda Community Plan Amendment, and Tentative Parcel Map for the development of the Regional Center to be known as Victoria Gardens. The draft Master Plan was presented to the City Council and Planning Commission on July 10, 2001. Discussion included project phasing, how much land area would be devoted to residential development, traffic circulation, parking, tenants, and a desire for high qualitydesign. Staff has been working closely with the applicant by meeting weekly with their team to assist them in preparing a plan that best meets the City's requirements and to address concerns raised at the joint City Council/Planning Commission workshop and Design Review Committee meetings. The applicant has been very cooperative and accommodating in addressing/issues. The Planning. Commission reviewed the applications on January 23, 2002. The Commission expressed concern about master plan provisions for allowance of coin operated carwashes along Foothill Boulevard (referred to as the "Route 66 Parcels" in the Master Plan) and auto service uses in the "Main Streets Area" (the core area of the regional center). The applicant said that they may wish to have a large retail tenant that would have some auto service as part of their operation. It was agreed that auto service uses would only be allowed when ancillary to a major retail user subject to the Conditional Use Permit process. The Commission similarly felt that carwash establishments could be designed and operated so as not to conflict with the City's vision for Foothill Boulevard but that this would require that the use be subject to a Conditional Use Permit. The applicant agreed to the re~ision. There was no public comment at the Planning Commission hearing. Attached for Council review are copies of the January 23, 2002 Planning Commission staff report and minutes that contain detailed analysis of the project, and the Commission's conclusions and recommendations. Copies of the Commission's actions including Conditions of Approval are attached to the Development Agreement. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted with two, 4-foot by 8-foot public hearing signs conspicuously located along Foothill Boulevard, and notices were mailed to all property owners within a 600 foot radius of the project site. Brad Bu'ller, City Planner BB:BLC:mlg Attachments: Exhibit "A" - Planning Commission Staff' Report dated January23, 2002 Exhibit "B"- Planning Commission Minutes dated January 23, 2002 Exhibit "C"- City Council Joint Meeting dated July 10, 2001 Draft Ordinance Adopting Development Agreement 01-02 Draft Ordinance Adopting Victoria CommunityPlan Amendment 01-01 Draft Resolution Approving Tentative Parcel Map 15716 with Conditions ":::::~/~'"'. ~ THE CITY OF I~AN C IlO CI~CAFIONGA Staff Report DATE: January 23, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Brent Le Count, AICP, Associate Planner SUBJECT: ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENTAGREEMENT 01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to establish a Development Agreement and the detailed review of a master plan for a project known as Victoria Gardens, a mixed-use development consisting of approximately 2.45 million square feet of retail, office, and civic uses as well as 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 thru 43. (Continued from January 9, 2002.) ENVIRONMENTAL IMPACT REPORT AND VICTORIA COMMUNITY PLAN AMENDMENT 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to amend the Victoria Community Plan by changing the land use designation from Regional Center to Mixed Use and modifying vadous text sections and graphics in the Community Plan to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. (Continued from January 9, 2002.) ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SU B'I-1'15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC.-A request to subdivide 147 acres of land into 97 parcels and 39 lettered lots (private and public streets) to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west. APN: 227-161-35, 36 and 38; 227-171-22 and 23; and 227-201-30, 33, 35, and 36. (Continued from January 9, 2002.) BACKGROUND: The project was continued from January 9, 2002, to this meeting, at the request of the applicant. In March of 2001, the City approved the Victoda Arbors Master Plan for the area within the Victoda Planned Community previously known as the Village of Victoria Lakes. Along with PLANNING COMMISSION STAFF REPORT DA01-02, VCPA01-01,TPM15716 - FOREST ClTY DEVELOPMENT CALIFORNIA, INC. January 23,2002 Page 2 the Master Plan, the City adopted General Plan and Victoria Community Plan Amendments to designate the area for Mixed Use development but this did not affect the Victoria Gardens Regional Center site. The General Plan Update adopted by the City Council in October 2001 designates the area Mixed Use. The area south of Church Street, east of Day Creek Boulevard, north of Foothill Boulevard, and west of the 1-15 Freeway was designated "Regional Center'' by the Victoria Arbors Master Plan. Forest City Development is now requesting approval of a Development Agreement that includes a Master Plan, Victoria Community Plan Amendment, and Tentative Parcel Map for the development of the Regional Center to be known as Victoda Gardens. The draft Master Plan was presented to the City Council and Planning Commission on July 10, 2001. Discussion included project phasing, how much land area would be devoted to residential development, traffic circulation, parking, tenants, and a desire for high quality design. Staff has been working closely with the applicant by meeting weekly with their team to assist them in preparing a plan that best meets the City's requirements and concerns raised at the joint City Council/Planning Commission workshop and Design Review Committee meetings. The applicant has been very cooperative and accommodating in addressing/resolving issues. PROJECT AND SITE DESCRIPTION: A. Surroundin.q Land Use: North - Vacant land within the Village of Victoria Arbors; Mixed Use Single-Family (4 to 6 dwelling units per acre) Victoda Arbors Master Plan South - Foothill Boulevard with vacant land on the south side; Regional Related Commercial East 1-15 Freeway West - Vacant land within the Village of Victoria Arbors and a utility corridor and single-family homes (the Rochester Tract) west of Day Creek Channel; Mixed Use Commercial, Mixed Use Single-family (4 to 10 dwelling units per acre), Mixed Use Medium-High Residential, Victoda Arbors Master Plan B. General Plan DesiRnations: Project Site - Mixed Use North - Mixed Use South - General Commercial East General Industrial West - General Commemial and Medium Residential (8 to 14 dwelling units per acre) C. Site Characteristics: The project site is within the Village of Victoria Arbors, a part of the larger Victoda Planned Community. The site is undeveloped and generally fiat and slopes to the south. It contains Iow growing vegetation and remnant vineyards. ANALYSIS: This section of the report will summarize and analyze the individual entitlement applications as they relate to the Victoria Gardens project. A. Development A.qreement 01-02: A Development Agreement is a contract between the City and the applicant. A Development Agreement is beneficial to both the City and the applicant. The benefits for the City include assurance that the project will be implemented as an urban village with outdoor development and that certain community facilities will be included, such as a library/community theater. The City will provide approximately 55 acres to the development and establish a Community Facilities Distdct for road construction, which will facilitate the PLANNING COMMISSION STAFF REPORT DA01-02, VCPA01-01,TPM15716- FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23,2002 Page 3 development ofthe Regional Center. The Development Agreement provides assurances that the applicant can develop and complete their project according to the approved Master Plan for a longer period of time than a normal Tentative Tract Map. Subsequent projects such as Development Reviews for Phase 1 of the project, anchor tenant buildings, and multi-family housing development within the Master Plan are still subject to the City's normal discretionary review process. The Development Agreement establishes development criteria in the form of a Master Plan that is included by reference with the agreement. This Master Plan establishes development standards, design standards, sign standards, development/design review process, phasing, and ultimate build out character for the mall. Victoria Gardens is intended to be a mixed-use center (retail, high density residential, civic, cultural, open space, and office uses) developed in an open-air, urban setting (zero front and side setbacks, parking on the street, outdoor dining, streets/corridors defined by building edges as opposed to rolling landscaped berms and large parking lots). The development will be phased, with Phase I including the majority of surrounding infrastructure serving the mall and a major portion of the mall gross leasable area. The project is comprised of four subareas: 1) the downtown or core area, 2) the 18-acre residential area along the north edge of the project to be developed in the future at a density of up to 30 units per acre, 3) the eastern (Leggio) out parcel, and 4) the southern (Foothill Boulevard) out parcels. The downtown or core area is the only part of the project where specialized and specific development criteria will pertain. This is necessary to accommodate the intense urban development of the core. The residential area and the two out parcels will be subject to established development cdteria per the Development Code, Victoda Community Plan, and other regulations. The Master Plan simply establishes a land utilization program for these areas. The building plotting is only shown to demonstrate development viability. Reduced/Modified Development Standards: 1. The landscape setback along Day Creek Boulevard is proposed to be reduced from 45 feet average to 43 feet and along Victoda Gardens Lane from 35 feet average to 33 feet. The Master Plan calls for dense tree and shrub planting combined with high meandering berms to offset the nominal setback reduction and effectively screen parking. Furthermore, the parking fields themselves are designed with lushly landscaped planters throughout. Also, buildings are plotted along Day Creek Boulevard with increased setbacks/landscape areas in front. 2. The Development Code requires the preparation of a special parking study to establish parking requirements for shopping centers of over 1,000,000 square feet of gross leasable area. The Regional Center will occupy as much as 2.4 million square feet upon build out.. The parking study recommended a parking ratio of 4.5 parking spaces per 1,000 square feet of floor area for the first 1,250,000 square feet, and 4.25 parking spaces per 1,000 square feet of floor area in excess of 1,250,000 square feet. Also, office space is recommended to be parked at a ratio of 3 spaces per 1,000 square feet. The office space would utilize retail parking during normal business hours when retail parking demand is reduced. These parking ratios were ascertained by analyzing data from the Urban Land Institute and by surveying the parking ratios of other existing regional centers. The developer will utilize parking management practices such as off-site employee parking and valet parking at extremely busy times of the year should PLANNING COMMISSION STAFF REPORT DA01-02, VCPA01-01,TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23,2002 Page 4 the need adse. Originally, the Master Plan proposed up to 30 percent compact parking spaces (8 feet wide versus City's standard of 9 feet wide); however, the developer has agreed to drop that request. 3. Day Creek/Foothill Boulevards Intersection Design: The Day Creek Boulevard Master Plan and the Victoda Arbors Master Plan establish a lushly landscaped, 95-foot deep comer area at Day Creek and Foothill Boulevards. The applicant is concemed that this takes up substantial land area that could be used for development and is therefore proposing an alternative design. The designs shown to the Design Review Committee were not favorably received. The Committee agreed to a possible reduction in land area devoted to intersection treatment so long as the overall quality established by the existing design is maintained and the ultimate approved design applies to all four comers of the intersection. In order to avoid delay of the overall Master Plan approval process, this matter will be re-addressed either in the near future or with submittal of design review for the first phase of the project. B. Victoda Community Plan Amendment 01-01: The land use for the specific site for the Victoda Gardens development did not get changed in the Victoda Community Plan with the Victoda Arbors development because of property ownership issues. The amendment would change the existing Regional Related Commercial land use designation to Mixed Use. This would allow for the urban style development anticipated by the Development Agreement and associated Master Plan. The Amendment also changes, as necessary, specific exhibits within the Victoria Community Plan to accommodate the Victoria Gardens Regional Center development. No General Plan Amendment is necessary because the land use district was changed to Mixed Use with approval of the 2001 General Plan Update. C. Tentative Parcel Map 15716: The Tentative Parcel Map will create parcels for the purposes of financing and conveyance of land to future tenants. In some cases the parcel configurations are of odd shape but this is necessary to accommodate the urban theme of the development. Note that the Tentative Parcel Map does not include subdivision of the tdangular"Leggio" site at the northeast comer of the Regional Center (south side of Church Street, west of the 1-15 Freeway, and east of Victoda Gardens Lane). The applicant does not have total control of this site and is therefore including it only in the Master Plan and for land use amendment (the General Plan already designates the site as Mixed Use). This explains the difference in acreage between the Master Plan area and the Tentative Parcel Map. D. Desi.qn Review Committee: The Design Review Committee reviewed the project on July 17, 2001, and requested that issues related to compact parking, drive-thru activity locations, and residential/commercial interface be restudied and brought back for further review. The Committee reviewed project revisions on November 6, 2001, and requested further enhancement of the buffering of the interface between commercial development south of Church Street and single-family homes to the north, parking ratios, setbacks, and ddve-thro locations. On November 27, 2001, the Committee held a special meeting on the revised project and recommended approval. Several items were brought back on January 15, 2002, and the Commission provided direction, which has been incorporated into the conditions of approval. Please refer to the attached Design Review Action Agendas for further details (Exhibit "E"). PLANNING COMMISSION STAFF REPORT DA01-02, VCPA01-01,TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. Janua~ 23,2002 Page 5 E. Environmental Assessment: An Environmental Impact Report (EIR) has been prepared for the project and acted upon separately by the Planning Commission. See related staff report prepared for the Environmental Impact Report by Nancy Fong, Senior Planner. CORRESPONDENCE: This item was advertised as a public headng in the Inland Valley Daily Bulletin newspaper, the property was posted with three, 4-foot by 8-foot public hearing signs, and notices were mailed to all property owners within a 600 foot radius of the project site. RECOMMENDATION: Staff recommends the Planning Commission recommend approval ofthe Development Agreement and Victoda Community Plan Amendment to the City Council through the adoption of the attached Resolution, and staff recommends the Planning Commission approve Tentative Parcel Map 15716 through the adoption of the attached Resolutions with Conditions. Respectfully submitted, Brad Bullet City Planner BB:BLC:mlg Attachments: Exhibit"A" - Development Agreement Exhibit"B" - .Master Plan (Provided Under Separate Cover) Exhibit "C" - Tentative Parcel Map Exhibit"D" - Victoda Community Plan Amendment Exhibit"E"- Design Review Committee Action Agendas dated July 17, November 6, and November 27, 2001 Resolution Recommending Approval of Development Agreement 01-02 Resolution Recommending Approval of Victoda Community Plan Amendment 01-01 Resolution Approving Tentative Parcel Map 15716 COMMERCIAL SUBDIVISION PARCEL MAP - TENTATIVE PARCEL MAP NO. 15716 '~'~,1 ~ ~! 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V~CTOR~A ~ARD~S SHEET 15 OF 15 DESIGN REVIEW COMMENTS 8:35 p.m. Brent Le Count July 17, 2001 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-01 - FOREST CITY DEVELOPMENT- The detailed review of a master plan for a 2.45 million square foot open air mixed use mall development including retail, office, specialty commercial, restaurant, and entertainment uses as well as approximately 600 multi-family dwelling units on 175 acres of land located within the limits of the Victoda Community Plan generally bounded by the future Church Street to the north, the 1-15 Freeway to the east, Day Creek Boulevard to the west, and Foothill Boulevard to the south - APN: 227-161-33 and 36,227-201-33, 35, and 36; 227-171-14; 227-211-7, 28, 30, 39, and 40. Related Files: Victoda Community Plan Amendment 01-01, General Plan Amendment 01-02. This Master Plan establishes development standards, design standards, development/design review process, phasing, and ultimate build out character for the mall. This meeting is intended to introduce the project to the Design Review Committee and begin preliminary design discussions. The Victoda Gardens Mall is intended to be a mixed-use center (retail, high density residential, civic, culture, open space, and office uses) within the heart of the '~/ictoda Arbors" community. It is designed as an open-air mall with an urban setting (zero front and side setbacks, parking on the street, outdoor dining, streets/corridors defined by building edges as opposed to rolling landscaped berms and large parking lots). The internal streets would all be private with reduced width. The development will be phased with Phase I including the majodty of surrounding infrastructure serving the mall and a major portion of the mall gross leasable area. Staff Comments: The following comments are intended to provide an outline for Committee discussion: Review Process: 1. The development review process for the project is intended to be as fast as possible. To that end, it has been suggested that the City Planner eventually handle design review. A development proposal that does not meet design cdteda of the Master Plan would be referred to the Design Review Committee for review and recommendation. The Committee may wish to discuss when, dudng the overall review process, a level of comfort might be reached to allow for an abbreviated process. See page 109. TranspOrtation/Parking: 1. A majority of the parking is remotely located along the periphery of the mall similar to Ontado Mills. Some form of shuttle system would help to bring customers into the central areas of the mall. A connection to the public transit system for the surrounding community would also be beneficial. 2. Angled parking spaces along the internal streets seem more user friendly and would not block traffic as much as parallel spaces. 3. A 10-foot wide sidewalk may not be sufficient, given shop doors opening onto sidewalk and previsions for outdoor dining. The Brea downtown mall has similar sidewalk dimensions and site visits indicate this to be relatively tight, especially when signage, street furniture, and various outdoor displays are present. Outdoor dining areas should not encroach into the minimum sidewalk dimension. See street sections starting on page 78. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT July 17, 2001 Page 2 Landscapin,q: 1. The use of Palm trees, Eucalyptus trees, and Pepper trees make sense because they relate to the Rancho Cucamonga hedtage and landscape vemacular. The Rancho hedtage theme should be continued down to the street level, including trees, shrubs, and groundcover. Explore the use of shrubs or ground covers, or other plant types that have natural colors similar to the grape/wine types used for the street names that could further enhance street,'community identity. See Landscape Plan, page 21. 2. Explore the use of specialized landscaping along the 1-15 Freeway to screen large parking areas and act as visual "draw" to project. Landscaping can be designed to frame %vindows" into the mall as viewed from the 1-15 Freeway accentuating key elements. Buildinq Heiqht: 1. The maximum building height is proposed to be as high as 70 feet. This would allow a five-story building. This height is also proposed to be allowed along Foothill Boulevard. Perhaps higher buildings/features should be located towards the center of the project to draw the distant view (such as from the 1-15 Freeway or Foothill Boulevard) into the development. Otherwise, tall buildings on the periphery (where majors are proposed) will block views into the site. Perhaps building height limitations could be based upon building/lease type-office, major, department store, 15,000 square foot lease and smaller, etc. Perhaps only towers and other architectural features should be allowed as high as 70 feet. Building height should be considered in relation to the grade difference of the site (approximately 65 feet of fall from north to south). See Development Standards, page 89. 2. Project ID signs, communication equipment, and two "signature" buildings are proposed to be as tall as 90 feet. Suggest limiting tall pylon type signs to one sign with freeway exposure, requiring all wireless communication facilities to be stealth type located on or within buildings or on pylon sign, and allowing a specific number of"signature" buildings to be 70 feet tall with the remainder much lower. Signs (see $iqnaqe, startinq on pa.qe 45): 1. Roof signs are a concem; they often appear tacked on as opposed to an integral building component as the Master Plan photo examples show. How will wind loads be handled? Suggest mounting signs to a bridge connecting second floors of buildings across the street from one another. This would achieve the grand elevated statement sought through roof- mounted signs. 2. Provide stronger definition of periphery/edge of mall site, including monumentation for comers of site and main entrances off public streets. Monumentation related to the mall should be provided at intersections of Day Creek Boulevard and Church Street, Day Creek Lane and Foothill Boulevard, and Foothill Boulevard and Shiraz Street. 3. Avoid exposed neon for large signs. The Sign Ordinance prohibits exposed neon; signs must have covering, such as clear plexiglas. Visually exposed neon has traditionally been discouraged in the community. The Committee may wish to discuss use of neon in limited areas for accent and when the sign can be well incorporated with the building design. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT July 17, 2001 Page 3 4. Do not rely on "Sponsored Murals" to decorate large blank building walls. How will large blank walls be treated in the interim? Consider a graffiti wall or similar area for non- professional large-scale art. Anti-graffiti coatings may be necessary throughout the project to aid graffiti removal. 5. Suggest computerized information kiosks throughout the project to help patrons navigate the large area. The kiosks could also provide advertising and notification for upcoming special events. General Desiqn: 1. The term "development grain" refers to the appearanca of organic small lot development that occurred over time. Clarif7 how the small parcel "grain" appearance will be accomplished (per page 32-33), given that the project will be built at one time. 2. Increase emphases on site-specific/Cucamonga-specific heritage and history, especially wine making. A good example is the Masi project historic wine walk. The development scheme should answer the question, "why is the project named Victoria Gardens?" 3. Provide water features; public art: statues; agricultural heritage features such as windmills, smudge pots, wagon wheels, etc; and cornerstones. Waterfalls could be designed following grade changes in the paseos. 4. Page 100 indicates that no two adjacent buildings shall have the same appearance, same color or material, but there is no discussion about how to blend one building with the next or develop overall project cohesiveness. NOT SURE THEY WAN]' TO "BLEND" Consider the use of common architectural features (awnings, wall-mounted lights, metal work, tile work, cornices, colors, shapes) to tie the buildings together. Consistent use of street-furniture - tables, chairs, benches, trash receptacles, streetlights, bollards, Iow-level lighting, etc., can also foster visual continuity. 5. Roof equipment screening should include discussion of specially designed architectural roof equipment, if possible. 6. Residential buildings in the northem area could have steps down along the south side to accommodate grade and to have row house appearance. 7. Climate Control should include ways to control wind (such as building orientation, screens, double door foyers, avoidance of Ventud effect, etc), heat (water misters and shade at key locations for rest and recuperation), cold (gas heaters), and rain. 8. Suggest use of traditional building materials such as wood, Spanish tile, fieldstone, and brick (maybe used brick). Use pedestrian friendly colors, materials, textures, shapes at street level/wainscoting (such as brick instead of split faced block, use of earth tone colors). 9. Provide sensitive transition from parking lots/structures to pedestrian aspects of mall and avoid conflicts with auto circulation. Provide enhanced entry "portals" linking tucked behind parking to Main Street. Avoid alley like appearance. 10. Treatment of alleys and loading areas should acknowledge 360-degree architecture. Avoid having loading and trash areas conflict with pedestrian/customer traffic. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT July 17, 2001 Page 4 11. Provide for interim construction fencing. For instance, Fashion Island mall in Newport Beach has generic storefront looking construction fencing as opposed to plain chain link or plywood fencing. Similarly, suggest specialized treatment for vacant storefronts to block views into unfinished shops from the street. 12. Light fixtures shall integral with the architectural design as opposed to ordinary tacked on shoebox type. 13. Window size and location should be responsive to mountain views, especially second-story or higher windows. 14. Screen ground-mounted equipment with Iow walls. Best to congregate equipment, trash, etc., into service areas surrounded by decorative walls. 15. Suggest designating specific areas within the project for street kiosk type businesses to avoid the potential of having these businesses block main pedestrian walkways. 16. Include provisions for handling special events that require street closure. 17. Use stdng lights to emphasize unique building, structure, and landscape shapes. 18. Use decorative paving to define pedestrian circulation and parking spaces (textured/colored paving for cross walks, parking spaces) 19. Provide a buffer (noise, light, night time activity) between retail, civic, parking and residential uses. Page 24 indicates, "Many living areas are within 100 feet of retail shops." Staff Recommendation: The Design Re~;iew Committee may wish to direct the applicant to incorporate the above comments into a revised Master Plan document for further, more detailed Design Review in mid-August. DesiRn Review Committee Action: Members Present: Larry McNiel, Pam Stewart, Larry Henderson Staff Planner: Brent Le Count Staff introduced the project to the Committee and reviewed recommended items of discussion. The Committee had the following comments: Compact Parkinq: The Committee is opposed tothe inclusion of compact parking spaces. It is felt that reduced parking space size will lead to difficulties for patrons of the mall including limited car door swing open area, overhang of vehicles into travel/fire lanes, and difficult pull-in/pull-out movements. Forest City agreed to provide a parking/traffic circulation analysis to demonstrate whether reduced parking numbers and space dimensions function in large, urban themed malls such as Victoria Gardens. Internal pedestrian and vehicle circulation will also be addressed in response to Committee concerns that an overwhelming number of patrons will be drawn to internal streets for parking. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT July 17, 2001 Page 5 Parkinq: The Committee wishes to see as much angled parking along intemal mall streets as possible as opposed to parallel parking spaces. While parallel spaces allow for reduced pavement widths and therefore more room for leasable building area, angled spaces are far easier to use and would cause fewer traffic blockages. The Committee asked why so much of the parking is located around the periphery of the mall. Forest City indicated that the intent is to foster a dense downtown feel so parking is pulled out of the core area as much as possible. Also, the large periphery parking fields serve the large anchor tenants. The project is designed so that there is parking within 400 feet of any given shop. Pedestrian Connections: The Committee wishes to see a strong pedestrian connection to the rest of the Victoda Arbors community, especially the Fillipi Winery to the north. Desiqn Review Process: The Committee recognizes the need for accelerated design review processing of buildings within the mall. it is difficult at this time to ascertain exactly when in the process the Committee will acquire enough comfort level to allow City Planner-only review of projects. Certainly Phase I of the mall should be reviewed by the Committee, further reviews beyond Phase I may be acceptable for City Planner-only review depending upon the track record established by Phase I. Landscapinq: Explore the potential for involvement and cooperation with the Filipi Winery to establish a strong sense of wine/grape growing hedtage in the landscape. Consider including a demonstration garden where various plants and trees, etc., are labeled and their significance to the area outlined. Drive-thru Activities: The Committee is opposed to allowing drive-thru uses along Day Creek Boulevard. Day Creek Boulevard, functions as a gateway to the residential areas to the north. Ddve-thrus would be inappropriate for the public view "window" into the rest of the mall from Day Creek Boulevard. Including ddve-thrus along this stretch of Day Creek Boulevard could result in a "restaurant row" phenomenon thereby setting a precedent for development of ddve-thrus on the west side of Day Creek Boulevard. The Foothill Boulevard frontage of the mall site is more appropriate for drive-thru uses given the existing ddve-thrus on Foothill Boulevard, the "Route 66" drive-thru hedtage theme, and proximity to the 1-15 Freeway. Special cdteda will be necessary for drive-thru uses to guarantee high quality development consistent with the new downtown theme of the mall. Roof Siqns/Icons: The Committee is in favor of tall, well-designed icons that can be seen from the 1-15 Freeway and surrounding streets. This includes tastefully designed roof-mounted signs such as the photograph of the "Ghirardelli" sign in the draft Master Plan document. The Committee is open to a variety of different types of signs so long as a festive environment is fostered and clutter minimized. The Committee encourages the developer and staff to "think outside the box" relative to sign design so long as dangerous precedents aren't set for the rest of the City. Architecture/Exterior Buildinq Materials: There should be a significant variety of different building materials utilized in the project. The design of Ontario Mills mall is not what is hoped for with the Victoria Gardens Mall. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT July 17, 2001 Page 6 It is recognized that certain major tenants will seek "signature" amhitecture so it is cdtical that the Master Plan establish enforceable design guidelines to ensure high quality development consistent with the rest of the mall. Forest City indicated that they intend to select at least four architects in addition to Field Paoli to design the vadous buildings within the project to ensure the appearance of organic growth over time. Furthermore, Forest City will have it's own internal architectural review/screening process that projects will be subject to before being brought to the City for review. Plans may even have a stamp of approval from Forest City before submitted to the City. Residential/Commercial Interface: It is cdticel that the higher intensity commercial development activity be buffered relative to the multi-family development and single-family development to the north. The Committee expressed concern about the large major tenant building shown in the northeast corner of the master plan area. This building is located very close to residential to the west and north and seems out of place. Forest City agreed, indicating they have their own reservations about such a large building in this Iocetion. This will be further studied. Height Limits: The Committee is concerned that 70-foot to 90-foot high buildings may overwhelm the pedestrian friendly atmosphere intended for the mall. Such a high overall height limit may negate the affect of higher visual icons that would be visible frorn the I-15 Freeway and surrounding streets. The Committee requested that the Master Plan include criteria for sensitive areas where building heights would be limited. Further review of the Master Plan by the Design Review Committee will be undertaken when staff determines necessity. Staff will continue to work with the applicant to resolve detailed design issues. DESIGN REVIEW COMMENTS 7:30 p.m. Brent Le Count November 6, 2001 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-01 - FOREST CITY DEVELOPMENT - The detailed review of a master plan for a 2.45million square foot open air mixed use mall development including retail, office, specialty commemial, restaurant, and entertainment uses as well as approximately 600 multi-family dwelling units on 174 acres of land located within the limits of the Victoda Community Plan generally bounded by the future Church Street to the north, the 1-15 Freeway to the east, Day Creek Boulevard to the west, and Foothill Boulevard to the south -APN~ 227-161-33 and 36; 227-201-33,35, and 36; 227-211-7, 28, 30, 39, and 40. Related tiles: Victoda Community Plan Amendment 01-01, General Plan Amendment 01- 02. PLANS WILL BE AVAILABLE AT THE MEETING. Desi.cln Review Committee Action: Members Present: Larry McNiel, Pam Stewart, Nancy Fong Staff Planner: Brent Le Count The applicant presented the changes that had been made to the project since the July7 17, 2001 Design Review meeting. The Committee responded positively to many of the changes but expressed some remaining concerns as listed below. It was agreed that the applicant would address the comments with a full set of plans and details to be presented to the Committee at a special meeting on November 27, 2001. Comments: 1. The frontage of the site on to Church Street at the northeast comer area of the site should be designed as sensitively as possible relative to single-family homes planned to the north. The Terra Vista Town Center frontage along Church Street provides an excellent example to this type of sensitive design. 2. The alignment of Shiraz Street through the Foothill Boulevard "out parcels" is acceptable but the Committee is concerned that two northbound lanes and only one southbound lane may not be sufficient. The traffic engineer for the project (Mobility Group) was asked to explore the option of having two southbound lanes. 3. The Foothill Boulevard and Leggio "out parcels" shall be parked according to the standards contained in the Development Code. The parking ratios established for the Mall proper will not apply to the out parcels. 4. The Committee is reluctant to accept less than 5 parking spaces per 1,000 square feet of floor area without more proof that this is viable. The applicant agreed to provide more documentation to justify the parking ratios requested (4.5 per 1,000 square feet for first 1,250,000 square feet and 4.25 per 1,000 square feet for floor area in excess of 1,250,000 square feet). The applicant will explore parking efficiencies such as valet parking and shuttling to further justify the suggested parking ratios. 5. Parallel parking spaces are acceptable in limited areas to create a small-scale downtown atmosphere. However, the Committee would like to see as much angles on street (private street) parking as possible. DRC COMMENTS DR 01-01 - FOREST CITY DEVELOPMENT November 6, 2001 Page 2 6. The concept presented for Arbor Lane with removed median and pedestrian pathways down either side with town homes fronting the street is acceptable. The Master Plan document should include as much detail as possible to convey this concept. 7. The requested reduction in setbacks along Victoria Gardens Lane from 35 feet average, 25-foot minimum down to 22 feet will require very specialized landscape design treatment to justify. The Committee wishes to see a thoroughly developed concept for this pdor to making a final decision. 8. The Committee would prefer to see drive-thru businesses located only along the Foothill Boulevard frontage and not along Day Creek Boulevard as it functions as a gateway to the urban themed mall. DESIGN REVIEW COMMENTS 7:00 p.m. Brent Le Count November 27, 2001 ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT 01-01 - FOREST CITY DEVELOPMENT - The detailed review of a master plan for a 2.45million square foot open air mixed use mall development including retail, office, specialty commemial, restaurant, and entertainment uses as well as approximately 600 multi-family dwelling units on 174 acres of land located within the limits of the Victoda Community Plan generally bounded by the future Church Street to the north, the 1-15 Freeway to the east, Day Creek Boulevard to the west, and Foothill Boulevard to the south -APN: 227-161-33 and 36; 227-201-33,35, and 36; 227-211-7, 28, 30, 39, and 40. Related files: Victoda Community Plan Amendment 01-01, General Plan Amendment 01- 02. PLANS AND STAFF COMMENTS WILL BE PROVIDED AT THE MEETING, Members Present: Larry McNiel, Pam Stewar[, Nancy Fong Staff Planner: Brad Buller, Brent Le Count Forest City Development presented their landscape design concepts for Arbor Way, reduced landscape setbacks along Day Creek Boulevard and Victoda Gardens Lane, and for Foothill Boulevard frontage. There was also a presentation by Forest City's traffic and parking consultant, The Mobility Group, regarding the parking analysis that had been prepared which provide justification for the recommended parking ratios for the project. Forest City made it clear that no compact parking is proposed. The Committee recommends approval of the project subject to the following comments: 1. The reduced landscape setbacks along Day Creek Boulevard from 45 feet to 43 feet and Victoda Gardens Lane from 35 feet to 33 feet are acceptable because the reduction is minimal and the dense tree and shrub planting combined with high meandering berms will adequately screen parking.- Furthermore, the parking fields themselves are designed with lushly landscaped planters throughout. 2. The revised design for the intersection of Foothill Boulevard and Day Creek Boulevard is unimpressive especially relative to the current design provided by the Day Creek Master Plan. If Forest City is to modify the current conceptual plan for the intersection, the overall quality will need to be upgraded substantially in order to be comparable to the Day Creek Master Plan design. The Committee used words such as "stunning" and "breathtaking" to describe the level of quality of design treatment this intersection deserves. If there were insufficient time to actually come up with a revised schematic design for the intersection, a statement in the Master Plan stating the design intent, including a commitment to matching the quality of the current Day Creek Master Plan design would suffice, and be subject to Design Review Committee review. 3. The Committee agrees with the applicant that treatment of the frontage of Foothill Boulevard from the 1-15 Freeway southbound off-ramp to Day Creek Boulevard is critical relative to the entry statement for the project as well as the City as a whole. However, similar to the Day Creek/Foothill Boulevards intersection design, the Committee wishes to see substantial upgrade of the landscape/hardscape design treatment for this section of Foothill Boulevard. This may be handled by a statement in the Master Plan describing the special nature and function of this section of Foothill Boulevard and how Forest City intends to treat it. DRC COMMENTS DA 01-01 - FOREST CITY DEVELOPMENT November 27, 2001 Page 2 4. The Committee is willing to recommend approval of the project with the parking ratios provided by the applicant so long as the Master Plan includes provisions for parking efficiency measures such as valet parking (tandem parking), off-site employee parking, and perhaps shuttling/trolley system should the need adse. 5. The Committee prefers not so see drive-thru fast food restaurants located along the Day Creek Boulevard frontage from Foothill Boulevard north to Church Street. Day Creek Boulevard functions as a gateway into the more urban mall atmosphere and it is felt that drive-thru type uses, no matter how well screened, undermine the urban theme. It would be acceptable however, to locate drive-thru uses along the Foothill Boulevard frontage of the site. 6. The Master Plan should include a provision that there are no vehicle entry points to the residential parcels along Arbor Way other than the main east-west spine street shown on the Site Plan. 7. The Master Plan should include a statement that dimensions shown are conceptual only and subject to change with Phase One Design Review. Specifically agreed upon dimensions such as the average and minimum setbacks along Day Creek Boulevard, etc., may be stated as such for clarification. The applicant agreed to the requested change and comments. If possible the applicant may present the Committee with revised landscape designs for Foothill Boulevard and Foothill Boulevard/Day Creek Boulevard intersection, pdor to review by the Planning Commission. Motion: Moved b' seconded by Macias, to issue a Negative Declaration and adopt the resolutions approving Map SUBTT16257 and Conditional Use Permit lighting requirements and provide for City Planner approval of the wall, sidewalk and and underground utility connections. Motion carded bythe following vote: AYES: MAGIAS, MANNERINO, MCNIEL, STEWART NOES: NONE AB: - carried F. ENVIRONMENTAL IMPACT REPORT FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, AND TENTATIVE PARCEL MAP SUB'i-1'15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. -A public headng to consider certifying the final Environmental Impact Report (EIR) and approving the Statement of Facts and Findings and Overriding Considerations for the proposed project known as Victoria Gardens, a mixed use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as up to 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoda Community Plan and is generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west-APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. G. ENVIRONMENTAL IMPACT REPORTAND DEVELOPMENTAGREEMENT 01-02- FOREST CITY DEVELOPMENT CALIFORNIA, INC.- A request to establish a Development Agreement and the detailed review of a master plan for a project known as Victoda Gardens, a mixed-use development consisting of approximately 2.45 million square feet of retail, office, and civic uses, as well as 600 multiple family residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan, generelly bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201- 30, 33, 35, and 36; and 227-211-24 and 39 through 43. Related files: Victoda Community Plan Amendment 01-01 and Tentative Parcel Map 15716. H. ENVIRONMENTAL IMPACT REPORT AND VICTORIA COMMUNITY PLAN AMENDMENT 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. -A request to amend the Victoria Community Plan by changing the land use designation from Regional Center to Mixed Use and modifljing various text sections and graphics in the Community Plan to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 to the east, and future Day Creek Boulevard to the west- APN: 227-161-35, 36 and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; and 227-211-24 and 39 through 43. Related files: Development Agreement 01-02 and Tentative Parcel Map 15716. I. ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL MAP SUB'I-r15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. - A request to subdivide approximately 147acres of land into 97 parcels and 39 lettered lots (private and public streets) to accommodate the proposed project known as Victoria Gardens on approximately 175 acres of land, generally bounded by future Church Street to the north, Foothill Boulevard to the south, ~ I-15 Freeway to the east, and future Day Creek Boulevard to the west - APN: 227-161-35, 36 and 38; 227-171-22 and 23; and 227-201-30, 33, 35, and 36. Related files: Development Agreement 01-02 and Victoria CommunityPlan Amendment 01-01. Planning Commission Minutes -10- January 23, 2002 Nancy Fong, Senior Planner, presented the staff report with respect to the Environmental Impact Report and indicated the latest version of the Mitigation Monitoring Plan was in front of the Commissioners as well as pages to indicate that the Etiwanda Avenue/Foothill Boulevard and Etiwanda Avenue/San Bernardino Avenue (4th Street) intersections would be switched from the unavoidable impacts section to be mitigated. Brent Le Count, Associate Planner, presented the staff report with respect to the Development Agreement, Victoria Community Plan Amendment, and Parcel Map. He suggested revisions to the resolutions to clarify conditions of approval with respect to what had been agreed to by staff and the developer. He also indicated there ware slight text changes to the Master Plan text in front of the Commissioners. Commissioner Stewart asked for clarification regarding automobile sales and service uses on Main Street and coin operated car washes on Route 66. She did not recall any discussions regarding those uses. Mr. Le Count responded that it was his understanding that the applicant would be willing to accept a requirement that coin operated car washes be a conditional use as opposed to being a permitted use but he thought theywere adamant about keeping them as a use. Chairman McNiel opened the public headng. Colm Macken, Forest City Development, 949 South Hope Street, #200, Los Angeles, expressed thanks for the opportunity to appear before the Commission. He introduced Randall Lewis of Lewis Operating Company; Frank Fuller and Yahn Taylor of Field Paoli (Master Plan and architects); David Birksen of SWA Landscape Architects; civil engineer Stan Morse; attomey,Josh Gottheim of Brand, Winfield and Canasari; Victor Grgas of Forest City; and consultant Steve Wessen. He thanked City staff for input and working with them. He noted they appeared before the Design Review Committee on four occasions and said its comments and suggestions were helpful and were incorporated into design modifications for the project. He felt they had addressed concerns raised bystaff and the Design Review Committee and made modifications to the planning and. design when needed. Frank Fuller, Principal, Field Paoli ga~9 a PowerPoint presentation on the Master Plan. Hearing no further testimony, Chairman McNiel closed the public headng. Commissioner Stewart asked for clarification regarding automobile sales and service uses on Main Street as conditionally permitted uses and coin operated car washes on Route 66 as a permitted use. Mr. Macken said that such uses would be more likely to occur in the Route 66 area or the eastern area. He did not think it ~ould occur in the Main Streets area. Commissioner Stewart said she could not envision such uses in the Main Streets area. Victor Grgas, Forest City Development, observed that Paragraph 4.3a-1 listed uses that should not be included in the Main Streets area. Brad Buller, City Planner, stated that the intent of 4.3a-1 was to not allow such uses. Chairman McNiel asked if the intent was to delete the use from Main Streets but not to preclude it from other areas. Mr. Macken confirmed that was their intention. Planning Commission Minutes -11- January 23, 2002 Chairman McNiel stated that if it were struck from Main Street, he felt a conditional use permit would be appropriate in any other location in the City. Mr. Buller questioned the intent of Paragraph 4.3c with respect to the Route 66 area. Commissioner Mannerino thought it meant theyare not permitted at all. Kevin Ennis, Assistant City Attorney, suggested that the ambiguity could be resolved by revising 4.3a-1 to read that automotive sales and services uses shall not be permitted. Chairman McNiel agreed. He reopened the public hearing. Mr. Macken said that one of the department stores they are talking to has a tire, battery, and accessory facility and they would like to be able to include it in the Main Streets area with a conditional use permit. He stated there is not one currently in the plan, but they wanted to be able to accommodate such an auxiliary use. Mr. Buller suggested adding that they would not be permitted unless ancillary to a major retail user, subject to a conditional use permit. Chairman McNiel said that would be acceptable. Mr. Macken concurred. Mr. Buller asked for clarification regarding car washes in the Route 66 area. He believed it is likely that there may be an automated car wash in conjunction with a service station. He was not sure of the Commission's feelings regarding a coin-operated car wash in that area. He asked if the applicant wants automotive sales and service uses and car washing facilities in that area. Mr. Macken stated they do not currently have such a user, but he felt confident there will be some sort of car wash. Chairman McNiel felt the uses need to be defined. He felt the applicant probably was probably looking for a service station with an attached car wash or an integrated car wash as opposed to a transmission service facility. Mr. Macken said they do not know what those uses would be as yet. Commissioner Mannerino felt that a transmission service use may have a good-looking facility and a conditional use permit would allow the City to apply appropriate conditions. He felt automotive uses would be appropriate on Route 66. Chairman McNiel agreed. Mr. Buller suggested changing Paragraph 4.3c2 to indicate that automotive sales and service uses including car washing would be subject to a conditional use permit. Chairman McNiel felt that was good. Mr. Macken indicated that would be acceptable. Chairman McNiel again closed the public hearing. He noted that within the PowerPoint presentation, there was an exhibit that shows two major signs along the freeway. He noted there had been some discussions regarding those signs and he made his position clear that he was not in Planning Commission Minutes -12- January 23, 2002 favor of allowing the second sign because he does not want the appearance of billboards running down the freeway. He wanted to be sure it was clear that the second sign is not approved merely because it was in the presentation. Motion: Moved by Mannedno, seconded by Stewart to adopt the resolution recommending approval of the Environmental Impact Report for Victoria Community Plan Amendment 01-01, Development Agreement 01-02, and Tentative Parcel Map SUBTT15716 and adoption of the Statement of Facts and Findings and Overriding Considerations as amended by staff. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carried Motion: Moved by Mannefino, seconded by Stewart, to adopt the resolutions recommending approval of Development Agreement 01-02 and Victoda CommunityPlan Amendment 01-01 and approving Tentative Parcel Map SUBTT15716 with modifications recommended by staff and clarification of the wording in the Master Plan with respect to automotive uses. Motion carded by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carded Chairman McNiel stated the communitydeserves the best and he was sure the applicant will live up to the promises made. The Commission recessed from 9:26 p.m. to 9:32 p.m. J. CONDITIONAL USE PERMIT DRC2001-00778 - LEWIS request to construct a temporary modular recreation building of 360 square feet in th View Apartments (Tract 12365) in The Medium-High Residential District (1 units per acre) of the Terra Vista Community Plan, located a and Terra Vista Parkway - APN: 1077-651-07. Debra Meier, Contract Planner, presented the Chairman McNiel asked for confirmation that ti building would be removed within one year. Ms. Meier confirmed that was Chairman McNiel o Christopher Greiner, Communities, thanked star for its assistance. He said the modular until will all get a jump-start on their after-school programs. He hoped the trailer will not a ~ear. Chairmar I if it will be handicapped accessible. that it will. g no further testimony, Chairman McNiel closed the public hearing. Planning Commission Minutes -13- January 23, 2002 July 10, 2001 CITY OF RANCHO CUCAMONGA JOINT CITY COUNCIL/PLANNING COMMISSION MINUTES Special/Adiourned Meetinq A. CALLTO ORDER A special/adjourned meeting of the Rancho Cucamonga City Council and Planning Commission was held on Tuesday, July 10, 2001 in the Tri Communities Room of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting convened at 7:05 p.m. Present were Councilmembers: Bob Dutton (arrived at 7:20 p.m.), Diane Williams and Mayor William J. Alexander. Present were Planning Commissioners: Rich Macias, John Mannerino, Pamela Stewart, Peter Tolstoy and Chairman Larry McNiel. Also present were: Pamela Easter, Deputy City Manager; Linda Daniels, Redevelopment Agency Director; Jan Reynolds, RDA Analyst; Joe O'Neil, City Engineer; Shintu Bose, Deputy City Engineer; Bred ~uller, City Planner; Brent LeCount, Associate Planner; Deborah Clark, Library Director; Chief Dennis ichael, Rancho Cucamonga Fire Protection District; James C. Frost, City Treasurer; and Debra J. Adams, City Clerk. Absent were: Councilmembers Paul Biane and Grace Curatalo B. ITEM OF DISCUSSION BI. PRESENTATION AND DISCUSSION OF DRAFT MASTER PLAN FOR VICTORIA GARDENS REGIONAL CENTER DEVELOPMENT - The detailed review of a master plan for a 2.3 million square foot open air mixed use mall development including retail, office, specialty commercial, restaurant, civic, and entertainment uses as well as approximately 600 multi-family dwelling units on 175 acres of land located within the limits of the Victoria Community Plan, generally bounded by the future Church Street to the north, the I-15 Freeway to the east, Day Creek Boulevard to the west and Foothill boulevard to the south -APN: 227-161-35, 35, and 38; 227-171-22 and 23; 227-201-30, 33, 35, and 36; 227-211-24, 39, and 40 to 43. Related Files: Victoria Community Plan Amendment 01-01 and General Plan Amendment 01-22. Linda Daniels, Redevelopment Agency Director, stated tonight the developer for the regional canter wanted to give a presentation on the latest plan for this project. She stated the design review process would start in September. She stated they want to allow for the Council and Commission to give input, advice and guidance on the proposed plan. She introduced the President of Forest City Development, Brian Jones. Brian Jones, Forest City Development, stated they have looked all over the United States for ideas for the regional mall. He stated this mall would be the largest in the western United States. He talked about what woutd make this center special so that it would attract businesses to it. He stated after being at the ICSC conference, he feels they will get the tenants they want. He stated they hope to start construction in 2003 and open in 2004. City Council/Planning Commission Minutes July 10, 2001 Page 3 Commissioner McNiel asked if they have done an outdoor mall like this before. Brian Jones stated not like this particular one that is as large as this, He stated they have built outdoor malls about 25 years ago, but this is a breakthrough as far as its size. Frank Fuller talked about other outdoor malls and how successful they have been. Commissioner McNiel asked where they are in their calculations for parking. Brian Jones stated there are 4,500 stalls for 1.2 million square feet. Commissioner Tolstoy suggested they need to rethink their plan on compact parking spaces. Councilmember Williams stated she thinks everyone wants to be reassured that there are movie screens in the center. Brian Jones stated they have a mutual interest and felt they are very important to the center. Counciimember Williams wants people to feel safe in their own community through being at the center. Commissioner Tolstoy felt it should be a place where people can come and do other things other than just shop. He felt it should be a place where they can eat and gather as a family. He asked when the complete build-out would be. Colin Macken stated about 5 years. Commissioner Tolstoy wanted to make sure a variety of materials would be used on the exteriors of the buildings. He talked about Rodeo Drive II and how wonderful that is. David Bergston stated he felt there was already some of this planned for the regional center. Sandra Quilty asked if there would be on-street parking allowed. Frank Fuller stated yes. Sandra Quilty felt covered parking would be very important. She asked about public works, police and other emergency services for the center. Brian Jones stated all of the tenants pay to maintain the landscaping, streets, etc. Victor Grgas stated the City will have their own security as well as the mall security. Jim Pugh, City View. asked who would control all of the events that would take place at the regional center. Brian Jones stated they would bring people in for the events and that all of the streets within the center are private. Commissioner Tolstoy talked about New Orleans and a parade he saw that was so great. Brian Jones stated he wishes they could have an event every week. Gino Filippi stated he is grateful to have been a part of the plan for the center and asked to have the City's heritage included in the plan, i.e. grape vineyards. ORDINANCE NO. ~:) ? ~'~ AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 01-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, LLC. INCLUDING A MASTER PLAN FOR THE PURPOSE OF DEVELOPING APPROXIMATELY 2.45 MILLION SQUARE FOOT RETAIL, OFFICE, AND CIVIC USES AS WELL AS 600 MULTIPLE FAMILY RESIDENTIAL UNITS, ON APPROXIMATELY 175 ACRES OF LAND. THE PROJECT SITE IS WITHIN THE CITY BOUNDARY AND THE VICTORIA COMMUNITY PLAN, GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1- 15 FREEWAY TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST - APN: 227-161-35, 36 AND 38; 227-171- 22 AND 23; 227-201-30, 33, 35, AND 36; AND 227-211-24 AND 39 THRU 43. A. Recitals. 1. 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. 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..." 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 CITY COUNCIL ORDINANCE DA01-02 - VICTORIA GARDENS-C, LLC February 20,2002 Page 2 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, Exhibit "A" and incorporated herein by this reference is proposed Development Agreement 01-02, concerning that property generally bounded by future Church Street to the north, Foothill Boulevard to the south, 1-15 Freeway to the east, and the future Day Creek Boulevard to the west as legally described in the attached Development Agreement. The Development Agreement includes a Master Plan that establishes design guidelines and development standards and cdteria for the Victoria Gardens Regional Center. Hereinafter in this Ordinance, the Development Agreement with included Master Plan attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On January 23, 2002, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public headng concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of Resolution No. 02-20. 6. On February 20, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. 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 an Environmental Impact Report and certified said report as legally sufficient for the Victoda Gardens Regional Center project. SECTION 3: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 4: This Council hereby approves Development Agreement 01-02, including the Master Plan attached hereto as Exhibit "A." SECTION 5: 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, Califomia. RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO AND WHEN RECORDED MAIL TO: GOVERNMENT CODE SECTION 27383 Brown, Winfield & Canzoneri, Inc. 300 So Grand Avenue, Suite 1500 Los kngeles, CA 90071 Attn: Joshua C. Gottheim, Esq. (Space Above Line For Recorder's Use Only) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, L.L.C. SECTION VII. TABLE OF CONTENTS Page Section I. DEFINITIONS ........................................ 5 Section II. BENEFITS TO CITY ................................... 6 Section III. PROJECT DEVELOPMENT ................................ 6 A. Permitted Uses ....................................... 6 B. Rules, Regulations and Official Policies ............. 6 1. Applicable Rules ................................... 6 2. Conflicting Enactments ............................. 7 3. Setbacks, Design Guidelines, Landscape Guidelines and Park Improvements ................ 8 C. Future Approvals ..................................... 8 D. Permitted Fees ....................................... 9 E. Permitted Conditions ................................ 10 F. Term of Map(s) and Other Project Approvals .......... 10 G. Timing of Development ............................... 10 H. Moratorium .......................................... 11 I. Vesting of Owner's Rights ........................... 12 J. Infrastructure Capacity ............................. 12 K. Infrastructure Phasing Flexibility .................. 12 L. Development Agreement/Project Approvals ............. 13 Section IV. COOPERATION/IMPLEMENTATION ........................ 13 A. Further Assurances; Covenant to Sign Documents ...... 13 B. Public Financing of Improvements .................... 13 D. Processing During Third Party Litigation ............ 14 E. State, Federal or Case Law .......................... 14 i 02/13/02 F. Other Governmental Bodies ........................... 15 G. Defense of Agreement ................................ 15 H. Design/Development Standards ........................ 15 I. Day Creek Channel ................................... 16 J. Condemnation ........................................ 16 K. Landscape Areas ..................................... 17 L. Electronic Reader Board; Pylon Signs ................ 17 M. Community Event Programming ......................... 17 N. Municipal Services; Public Safety Office ............ 19 O. Americans with Disabilities Act ..................... 20 P. Fiber Optic Conduit ................................. 20 Q. Public Art .......................................... 21 Section V. GENERAL PROVISIONS ................................ 20 A. Covenants Run with the Land ......................... 20 B. Transfers and Assignments ........................... 21 1. Right to Assign ................................... 21 2. Liabilities Upon Transfer ......................... 21 C. Mortgagee Protection ................................ 22 D. Statement of Compliance ............................. 23 E. Default ............................................. 24 F. Annual Review ....................................... 25 G. Default by City ..................................... 26 Legal Action ........................................ 26 I. Waiver; Remedies Cumulative ......................... 27 J. Future Litigation Expenses .......................... 28 ii 02/13/02 ~57 1. Payment to Prevailing Party ....................... 28 2. Scope of Fees ..................................... 28 K. Term ................................................ 28 L. Permitted Delays; Supersedure by Subsequent Laws .... 29 1. Permitted Delays .................................. 29 2. Supersedure by Subsequent Laws .................... 30 M. Amendment of Agreement .............................. 31 N. Operating Memoranda ................................. 31 Section VI. MISCELLANEOUS ..................................... 31 A. Negation of Partnership ............................. 32 B. No Third Party Beneficiary .......................... 32 C. Entire Agreement .................................... 32 D. Severability ........................................ 33 E. Construction of Agreement ........................... 33 F. Section Headings .................................... 33 G. Applicable Law ...................................... 34 H. Notices ............................................. 34 I. Time is of the Essence .............................. 35 J. Limitation of Liability ............................. 35 K. Recordation ......................................... 36 iii 02/13/02 D~~ DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, L.L.C. THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this 20th day of February, 2002, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and VICTORIA GARDENS-C, L.L.C., a California limited liability company ("Owner"). W I TNE S SETH: 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 development, 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. California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property. C. By virtue of a Disposition and Development Agreement (~DDA") with the Rancho Cucamonga Redevelopment Agency ("Agency") dated February 20, 2002 and an option agreement with Church Gardens LLC dated November 15, 2000, Owner has a legal or equitable interest in approximately 165 acres of real property located in City more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"). D. Subject to the provisions of the ~Project Approvals" (defined below)as modified from time to time by mutual agreement of Owner and the City, the Property will be developed as a "new downtown" open-air mixed use complex with major retail tenants, specialty commercial uses, restaurants and entertainment outlets, office uses, residential dwellings and community facilities consistent with the Master Plan and as described in the Victoria Community Plan amendment attached hereto as Exhibit ~B" (the ~Project"). The first phase of the Project ("Phase I") will include at least three "major" retail stores (each 80,000 s.f. or more) and at least 350,000 s.f. of other retail, restaurant and entertainment uses. E. The Project will be governed by City planning, zoning and subdivision documents including the City's General Plan (the "General Plan"), the Victoria Community Plan (the ~Community Plan"), the Victoria Arbors Master Plan, the Victoria Gardens Master Plan (the "Master Plan"), and Tentative Parcel Map No. 15716 (the "Tentative Map"). Following review by the Planning Commission of the City of Rancho Cucamonga, the City Council of the City of Rancho Cucamonga ("City Council") approved the Master Plan on February 20 and March 6, 2002 and amendments to the Community Plan and the General Plan on February 20, 2002. The City Council of the City of Rancho Cucamon~a approved the Tentative Map on February 20, 2002. 83966.9 2 02/i3/02 ~ ~ F. On February 20, 2002, the City Council of the City of Rancho Cucamonga, after making appropriate findings, certified a Final Environmental Impact Report for the Victoria Gardens Project pursuant to the provisions of the California Environmental Quality Act, such Final Environmental Impact Report being more specifically identified as State Clearinghouse No. 2001031028(the ~EIR#). The EIR analyzed environmental impacts of the Project and this Development Agreement. G. A depiction of the Tentative Map is attached hereto and incorporated herein as Exhibit "C". Collectively, the General Plan, Community Plan, Victoria Arbors Master Plan, EIR certification and Mitigation Monitoring Program, Master Plan (including but not limited to the Master Plan signage program) and Tentative Map, including amendments to any of the foregoing approved by the City through and including the date of this Agreement, are hereinafter referred to as the "Project Approvals". H. Development of the Project will further the comprehensive planning objectives contained within the Project Approvals and will result in public benefits, including, among others, the following: 1. Fulfilling long-term economic and social goals for City and the community; 2. Providing fiscal benefits to City's General Fund; 3. Providing both short-term construction employment and long-term permanent employment within City; 4. Financing and constructing significant infrastructure improvements that will serve the region and the community; 5. Phasing the construction of public infrastructure improvements with private development; 6. Providing housing which will help to satisfy City's obligation to meet City's share of regional housing needs; 7. Enhancing City's active and passive recreational elements; 8. Significantly enhance the possibility that the goals of the Project Approvals will be realized, including the development of a regional commercial center ("Regional Commercial Center") that will substantially benefit the community; and 9. Facilitating the City's development of a library/community theater within the Project. I. For the reasons recited herein, City has determined that the Project is a development for which a development agreement is appropriate under the Development Agreement Statute. J. The City Council of the City of Rancho Cucamonga has determined that this Agreement is consistent with the Project Approvals and specifically has determined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public 83966.9 4 02/13/02 C~. ~, ~:~ health, safety and welfare will be best served by entering into this Agreement. K. The Planning Commission of the City of Rancho Cucamonga (the "Planning Commission") held duly noticed public hearings on this Agreement on January 23, 2002 and recommended approval of this Agreement. L. The City Council of the City of Rancho Cucamonga, after a duly noticed hearing, adopted Ordinance No. __, approving this Agreement, which ordinance will become effective on April 5, 2002 (the "Effective Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: SECTION I. DEFINITIONS. The following terms shall have the meanings defined for such terms in the Sections set forth below: Term Section Agency Recital C Agreement Introduction Applicable Rules Section III.B.1. CFD Section IV.B. City Introduction City Council Recital E Community Plan Recital E Development Agreement Statute Recital B DDA Recital C Effective Date Recital L EIR Recital F Master Plan Recital E Future Approvals Section III.C. General Plan Recital E Ministerial Approvals Section IV.C. Mortgagee Section V.C. 8396..9 5 02113/02 Notice of Non-Compliance Section V.F. Owner Introduction Planning Commission Recital K Project Recital D Project Approvals Recital G Property Recital C Regional Commercial Center Recital H Related Parties Section VI.J. Subsequent Rules Section III.B.2. Tentative Map Recital E Term Section V.K. SECTION II. BENEFITS TO CITY. In consideration of the benefits resulting from this Project, including, but not limited to, increasing the likelihood of development of the Regional Commercial Center, the significant infrastructure improvements that Owner will be contributing to through a CFD as described below, and the benefit to the community that the development of the Project represents, all of which will provide a significant overall benefit to City, City has agreed to enter into this Agreement. SECTION III. PROJECT DEVELOPMENT. A. Permitted Uses. The parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, shall be those set forth in this Agreement, the Project Approvals and the "Applicable Rules" (as hereinafter defined). B. Rules, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the rules, regulations and official policies governing permitted uses, governing density, and governing design, improvement and specifications applicable to development of the Property shall be those rules, regulations and official policies in force at the time of the Effective Date, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying changes occurring from time to time in the Uniform Building Code, Uniform Electrical Code, Uniform Fire Code, Uniform Mechanical Code, or Uniform Plumbing Code, provided that such changes are generally applicable to all property in City. Prior to the Effective Date, City and Owner shall use reasonable efforts to compile and copy two identical sets of the Applicable Rules, one set for City and one set for Owner, so that if it becomes necessary in the future to refer to any of the Applicable Rules, there will be a common set of the Applicable Rules available to both parties. 2. Conflicting Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable general, community plan, master plan, area or specific plan, zoning, subdivision rule or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the City Council of the City of Rancho Cucamonga, the Planning Commission of the City of Rancho Cucamonga or any other board, agency, 83966.9 7 commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Applicable Rules (~Subsequent Rules"), shall not be applied by City to the Property. 3. Setbacks, Design Guidelines, Landscape Guidelines and Park Improvements. The front, side, and rear setbacks for all dwelling units and commercial structures shall be consistent with the Applicable Rules. Design guidelines, landscape guidelines and park improvements shall conform to the Applicable Rules. C. Future Approvals. Any development of the Property shall require all discretionary approvals required by the Applicable Rules (collectively, the ~Future Approvals"). City shall retain any applicable discretionary review authority with respect to future discretionary entitlements for development of the Project, including, but not limited to future tentative tract map, parcel maps and development/design review, if applicable. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement, and City may only impose conditions upon such discretionary entitlements that are consistent with the Project Approvals and Applicable Rules, except as otherwise specifically required by State or Federal law. In connection with Future Approvals for development consistent with the Master Plan, City shall not impose any fee, exaction, condition or restriction that is more restrictive or onerous than the Project Approvals and Applicable Rules. New procedural rules and requirements adopted by the City and applicable City-wide, including but not limited to notice requirements and appeal periods, shall apply to Future Approvals unless the new rules and requirements are substantially more onerous or restrictive than the Applicable Rules. Upon granting of any of the Future Approvals, as they may be amended from time to time, they shall, at the written election of Owner, become part of the Applicable Rules, and Owner shall have a "vested right", as that term is defined under California law, in and to such Future Approvals by virtue of this Agreement. D. Permitted Fees. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City, City shall only charge and impose those fees and exactions, including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, in the amount, if any, in effect on a City-wide basis as of the Effective Date. Owner shall only be responsible for payment of those development fees listed in the attached Exhibit "D" to be calculated as indicated therein. This Section shall not be construed to (i) limit fees charged by governmental agencies or utility providers other than the City; or (ii) limit the authority of City to charge normal and customary application, processing, and permit fees for land use approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing and permitting and are in force and effect on a City-wide basis at such time as said approvals and permits are granted by City. E. Permitted Conditions. Provided Owner's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, City shall process in a timely manner the Future Approvals in accordance with the Applicable Rules and reasonably expedite development of the Property for the uses and to the density of the Project described herein. City shall only have the right to impose conditions consistent with those conditions indicated on the attached Exhibit "E," which include the Conditions of Approval for the Tentative Map and any applicable EIR Mitigation Measures as set forth in Exhibit E, in approving subsequent tentative subdivision maps. F. Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section V.K below. G. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties therein to provide for the timing of development resulted in a later- adopted initiative restricting the timing of development to l0 prevail over the parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that Owner shall have the right (without obligation) to develop the Property in such order and at such rate and at such times as Owner deems appropriate within the exercise of its subjective business judgment. Notwithstanding the foregoing, Owner agrees that it will not be entitled to commence construction on the residential portion of the Project until six months after construction has commenced on Phase I of the retail component of the Project. H. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the City Council of the City of Rancho Cucamonga, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations to the extent required by other governmental agencies (including but not limited to the Cucamonga County Water District) or courts having jurisdiction over the City and/or the Property. I. Vesting of Owner's Rights. The rights and entitlements granted to Owner pursuant to this Agreement shall be and constitute "vested rights" or the equivalent of ~vested rights", as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, including, without limitation, vested rights in and to building permits and certificates of occupancy. J. Infrastructure Capacity. To the extent that City is the provider of utility service and infrastructure in the Project area, including without limitation traffic circulation, storm drainage, flood control and sanitation services, City hereby agrees that it will serve the Project and that there shall be no restriction on hookups or service for the Project, except for reasons beyond City's control. K. Infrastructure Phasing Flexibility. Notwithstanding the provisions of any of the Project Approvals, Owner and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed by the CFD. Therefore, City and Owner hereby agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that varies from the order previously contemplated by the CFD, Owner and City shall collaborate in good faith and City shall permit any reasonable variation requested by Owner so long as the variation continues to ensure adequate infrastructure consistent with the Project Approvals. The City Manager shall have the authority to grant variations pursuant to this section. L. Development Agreement/Project Approvals. In the event of any inconsistency between any of the Project Approvals and this Agreement, the provisions of this Agreement shall control. SECTION IV. COOPERATION/IMPLEMENTATION. A. Further Assurances; Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and writings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. B. Public Financing of Improvements. The cost of installation of all of the offsite public improvements that the City will require in connection with the Project Approvals shall be funded either by (i) fees listed on Exhibit KD" payable by Owner; or (ii) by a Community Facilities District of the City ("CFD") and associated special taxes imposed in accordance with a rate and method and other implementing documents reasonably approved by City and Owner and adopted in connection with the CFD (the "CFD Documents"), or by an alternative financing arrangement reasonably approved by City and Owner. Except for the payment of fees payable under this Agreement and special taxes or assessments imposed on the Property in accordance with the CFD Documents or mutually-approved alternative financing 13 arrangement, Owner shall not be required to pay for or provide any public improvements associated with the Project. C. Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not require Owner to delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of "Ministerial Approvals" (as hereinafter defined), unless the third party obtains a court order preventing the activity. City shall not stipulate to the issuance of any such order. For purposes of this Agreement the term ~Ministerial Approvals" shall be defined to mean approvals requiring the determination of conformance with the Applicable Rules, including, without limitation, site plans, design review, development plans, land use plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, conditional and temporary use permits, certificates of use and occupancy and approvals and entitlements and related matters as may be necessary for the completion of the development of the Property. D. State, Federal or Case Law. Where any state, federal or case law allows City to exercise any discretion or take any act with respect to that law, City shall, in an expeditious and timely manner, at the earliest possible time, (a) exercise its discretion in such a way as to be consistent with, and carry out the terms of, this Agreement and (b) take such other actions as may be necessary to carry out in good faith the terms of this Agreement. E. Other Governmental Bodies. To the extent that City, the City Council, Planning Commission or any other City agency constitutes and sits as any other board or agency, it shall not take any action that conflicts with City's obligations under this Agreement. Owner shall be responsible for obtaining all Project permits and approvals, if any, needed from the County of San Bernardino, the State of California, or other governmental agencies with authority over the Project; provided, however, that City shall cooperate by attending meetings with the agencies and supporting Owner's applications for such permits and approvals. F. Defense of Agreement. City shall take all actions which are necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement to render it valid and enforceable to the extent permitted by applicable law. G. Design/Development and Maintenance Standards. Notwithstanding the provisions of the Applicable Rules, the following design/development standards shall apply to the Project: 1. This Agreement shall grant Owner the vested right to develop the Project consistent with the Project Approvals; 2. The Project shall be subject to design review, to the extent required pursuant to the Master Plan; 3. Easements dedicated for pedestrian use shall be permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use; and 4. Following development, Owner shall maintain the Property in good condition comparable to at least the prevailing standard of maintenance among other retail centers in the City of Rancho Cucamonga. H. Day Creek Channel. City shall diligently and in good faith support negotiations with the County Flood Control District to provide the absolute right for the Project to connect with Day Creek Channel without creating any detention/retention basin. I. Condemnation. If necessary, and subject to all applicable legal requirements, including holding of a public hearing for purposes of consideration of a resolution of necessity, City (itself or through an applicable Community Facilities District (CFD) or financing district) shall use its power of eminent domain to acquire necessary offsite rights-of- way and easement areas required for construction of roads, grading, temporary detention basins and offsite infrastructure to serve the Project consistent with the Project Approvals. As 83966.9 16 02/~3/02 ~7~ a condition precedent to the commencement of any eminent domain proceedings requested by Owner, Owner shall enter into an agreement with the City whereby Owner, or the CFD or other financing district, if applicable, shall pay the costs and expenses (excluding City staff time and overhead) associated with such proceedings. J. Improvement Plans. City shall help coordinate and expedite improvement plans through the California Department of Transportation and other local, State or Federal agencies, as required. K. Landscape Areas. City or a City landscaping and lighting or similar district shall assume ownership and maintenance of public streets (including Caltrans right of way, if applicable) at the perimeter of the Property. To the extent reasonably necessary, the Project shall annex into the applicable City Landscape District to pay its fair share of costs associated with maintenance of median landscaping and parks in the City. The Landscape Districts' aggregate annual assessments on the Project currently estimated to be $352.80 per commercial acre and $356.49 per residential dwelling unit. L. Electronic Reader Board; Pylon Signs. The City shall allow construction and operation of a large changeable electronic reader board (double-sided, if desired by Owner) on a pylon sign (major vertical identity sign) in a permissible pylon sign location identified in the Master Plan. In addition, in consideration of Owner's commitment to contribute to the operating budget of the performing arts 83966.9 17 02/13/02~7~ theater under Section 303 of the DDA, Owner shall have the non- exclusive right in perpetuity to maintain a Project identity sign in a prominent position on the fly tower portion of the theater building, of a size and in a location reasonably approved by the City. M. Community Event Programming. Owner shall meet not less than twice annually with City representatives to discuss proposals by either City or Owner to provide entertainment, festivals or other community events of mutual benefit to Owner and City periodically at locations within the Property. Except as otherwise provided in the Project Approvals, Owner shall be required to obtain Temporary Use Permits for special events in accordance with the Applicable Rules. City shall cooperate in processing combined Temporary Use Permits for the annual or semi-annual calendar of events discussed above in this paragraph. No Temporary Use Permit shall be required for sidewalk sales on private property by merchants at the Project. N. Municipal Services; Public Safety Office. Except as otherwise agreed in writing by City and Owner, City will provide police, fire, and other municipal services to the Property on the same terms and to the same extent as other commercial and residential properties in the City. The City acknowledges (i) that in planning its own security program, Owner is relying on a municipal police presence at the Project; and (ii) that the quality and availability of City services, including but not limited to police services, are critical to making the Project a success for Owner and the community at large. 83966.9 18 02/13/02 Concurrent with the openin9 of Phase I of the Project, and continuing for the life of the Project, Owner will provide to the City, without rental charges of any nature, up to 2,000 square feet of enclosed building space for a public safety office within the general retail sector of the Project. Owner shall provide, at Owner's expense, the initial "build out" of basic interior improvements for the space, including restrooms, a public counter, ceiling lights, air conditioning, partition walls and doors for interior offices, ll0v electrical outlets, and carpet or linoleum floor coverings. Owner will provide eight (8) reserved parking stalls for use by the substation. All equipment, furnishing, staffing and operating costs of the public safety office and other City police services to the Project will be at the City's sole expense. Owner shall maintain, repair and replace at Owner's expense as necessary the exterior walls, roof and parking spaces. City shall be solely responsible to maintain, repair and replace at City's expense all interior areas, doors, windows, fixtures, furnishings and equipment. The City further recognizes that plan check and other planning, building and safety processing and expediting services are a critical part of making the Project feasible to develop. At Owner's request from time to time, the City shall retain consultants to provide additional staffing in plan check and other development processing functions during the Project's pre- development and development phases, provided that Owner pays 83.~6.9 19 02/13/02 additional expediting fees and cost reimbursements in accordance with the Applicable Rules. 0. Americans With Disabilities Act. Internal streets, pedestrian pathways, building entrances and other facilities in the Project shall comply with the Americans with Disabilities Act to the extent required under applicable federal law. P. Fiber Optic Conduit. Conduit for future fiber optic lines will be provided in streets in locations reasonably accessible by buildings in accordance with the Mitigation Monitoring Program. Q. Public Art. Owner shall incorporate into the Project, in locations accessible to patrons and visitors, artistic elements consistent with the Master Plan. Artistic elements will be selected by Owner and may consist of heritage landscaping, water features, stained glass, sculpture, ornamental monument signs, decorative paving, or other artworks and design features. SECTION V. GENERAL PROVISIONS. A. Covenants Run with the Land. Ail of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties ~.~ 20 o~/~/o~ and their respective heirs, successors and assigns. Ail of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers and Assignments. 1. Right to Assign. Owner shall have the right to sell, assign or transfer all or portions of the real property comprising the Property to any person at any time during the term of this Agreement. 2. Liabilities Upon Transfer. Upon the delegation. of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has provided to City ten days' written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Owner's obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The 83~6~.9 21 02/13/02 transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. C. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following rights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 02/13/02 2. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 3. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of Owner arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. within thirty days following any written request which either City or Owner (or Owner's lender(s)) may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that to the other party's knowledge: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and 83966.9 23 02/13/02 effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager shall be authorized to execute any such statement on behalf of the City. E. Default. Failure by City or Owner to perform any term or provision of this Agreement for a period of thirty days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30-day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council of the City of Rancho Cucamonga within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. F. Annual Review. Pursuant to Government Code Section 65865.1, throughout the term of this Agreement, good faith compliance with the terms of this Agreement by Owner shall be reviewed by the Planning Commission of the City of Rancho Cucamonga at the regularly scheduled Planning Commission meeting next following each annual anniversary of the Effective Date. If as a result of such review, City reasonably determines, on the basis of substantial evidence presented at such meeting, that Owner has not complied in good faith with the terms and conditions hereof, City shall provide written notice thereof ("Notice of Non-Compliance"), stating in specific detail and specific reasons for such finding. After City delivers the Notice of Non-Compliance, Owner shall have the right to cure such non-compliance as provided in Section V.E. above. In the event that Owner does not timely cure the non-compliance after a Notice of Non-Compliance is delivered by City or, if during the period which Owner must cure such default, Owner ceases to make reasonable efforts to effect such cure, City may proceed to terminate this Agreement on ten days' prior written notice to Owner in accordance with the termination procedure set forth in Section V.E. above. G. Default by City. In the event City defaults (as defined in Section V.E. herein) under the terms of this Agreement, Owner shall have all rights and remedies provided herein or under applicable law, including the specific performance of this Agreement. H. Legal Action. Any party may, in addition to any other rights or remedies specified herein, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions shall be heard by a referee who shall be a retired judge from either the San Bernardino County Superior Court, the California Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Owner and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. The judgment shall be entered by the Superior Court and shall be subject to appeal as provided in Code of Civil Procedure 83966.9 26 02/13/02~ Sections 644 and 645. If Owner and City are unable to agree on a referee within ten days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section V.H. shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. I. Waiver; Remedies Cumulative. Failure by City or O~ner to insist upon the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner of a default or breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Owner to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default and opportunity to cure under Section V.E., all of the remedies permitted or available under this Agreement, 83966.9 27 at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. J. Future Litigation Expenses. 1. Payment to Prevailing Party. If City or Owner brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, counterclaim, or third-party claim) by reason of defaults, breaches, tortious acts, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and expert witness fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. K. Term. Unless the "Term" (as hereinafter defined) of this Agreement is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent ~.~ 28 o~/~/o~ of the parties, the duration of this Development Agreement (the "Term") shall be from the Effective Date until the fortieth (40th) anniversary of the Effective Date; provided, however, that the Term shall be subject to immediate termination by majority vote of the City Council of the City of Rancho Cucamonga if Phase I of the Project (as defined in the Recitals above) has not been completed and opened for business on or before the seventh (7th) anniversary of the Effective Date, plus any period of force majeure extension applicable under this Agreement. Upon request by the then owner of the Property or any portion thereof following expiration or termination of the Term, the City shall execute such documents as are necessary to remove this Agreement from title. This Agreement shall impose no obligations with respect to any single family residential lot and such lot shall be released from any obligations pursuant to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(~s) on the lot. L. Permitted Delays; Supersedure by Subsequent Laws. 1. Permitted Delays. In addition to any specific provisions of this Agreement, performance of obligations hereunder shall be excused and the Term of this Agreement shall be similarly extended during any period of delay caused at any time by reason of: acts of God such as floods, earthquakes, fires, or similar catastrophes; wars, riots or similar hostilities; strikes and other labor difficulties beyond the 83966.9 29 02/13/02~ party's control (including the party's employment force); the enactment of new laws or restrictions imposed or mandated by other governmental or quasi-governmental entities preventing this Agreement from being implemented; litigation involving this Agreement, the Project Approvals, the Future Approvals or the Ministerial Approvals, which directly or indirectly delays any activity contemplated hereunder, delay in the issuance of bonds or formation of the CFD or other financing mechanism; or other causes beyond the party's control. City and Owner shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. 2. Supersedure by Subsequent Laws. If any federal or state law, made or enacted after the Effective Date prevents or precludes compliance with one or more provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement. Owner and/or City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. At Owner's sole option, the term of this Agreement may be 03966.9 30 02/13/02 extended for the duration of the period during which such new law precludes compliance with the provisions of this Agreement. M. Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868. N. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Owner and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Owner. If and when, from time to time, during the term of this Agreement, City and Owner agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Owner, which, after execution by City and Owner, shall be attached hereto and shall be binding on the parties hereto. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney and City Manager shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section V.M. The City Manager may execute any operating memoranda hereunder without City Council action. SECTION VI. MISCELLANEOUS. 83966.9 31 o2/~_3/o2 (~'~, A. Negation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiary; Application to Church Gardens Property. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. City and Owner acknowledge that the easterly approximately 18 acres of the Property ("Church Gardens Parcels") are currently owned by Church Gardens, LLC, but are subject to the terms of an Option Agreement dated November 15, 2000 (~Option") in favor of Forest City Development California, Inc. ("FCD") Pursuant to the terms of the Option, City agrees that any Project Approvals heretofore or hereafter requested by Owner or FCD shall be effective with respect to the Church Gardens Parcels only upon the close of escrow for acquisition of the Church Gardens Parcels by Owner, FCD or their designee. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings 83966.9 32 02/13/02 ~b or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enforcement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. E. Construction of Agreement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Owner or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 8396~.9 33 02/~3/02 ~ / G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive, Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager Facsimile: (909) 477-2849 Copy to: Richards, Watson & Gershon Attorneys at Law Number One Civic Center Circle P. O. Box 1059 Brea, CA 92822-1059 Attention: James L. Markman, Esq. Facsimile: (714) 990-6230 Owner: Forest City Development California, Inc. 949 S. Hope Street, Suite 200 Los Angeles, CA 90015 Attention: Mr. Brian Jones & Mr. Colm Macken Facsimile: (213) 488-9308 83966.9 34 02/z3/02 ~ Forest City Enterprises, Inc. 1160 Terminal Tower, 50 Public Square Cleveland, Ohio 44113-2203 Attention: William M. Warren, General Counsel Facsimile: (216) 263-6206 Lewis Investment Company, LLC c/o Lewis Operating Corp. 1156 N. Mountain Avenue P.O. Box 670 Upland, CA 91785-6070 Attention: Mr. John Goodman Facsimile: (909) 949-6700 Copy to: Brown, Winfield & Canzoneri, Inc. 300 S. Grand Avenue, Suite 1500 Los /tngeles, CA 90071 Attention: Joshua C. Gottheim, Esq. Facsimile: (213) 687-2149 Either City or O~rner may change its mailing address and/or fax number at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. J. Limitation of Liability. City hereby acknowledges and agrees that Owner's obligations under this Agreement are solely those of Victoria Gardens-C, L.L.C. and in no event shall any present, past or future officer, director, shareholder, member, employee, partner, affiliate, manager, representative or agent 83966.9 35 02/~3/02 ~ of Owner ("Related Parties") have any personal liability, directly or indirectly, under this Agreement and recourse shall not be available against any of the Related Parties in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Owner or any Related Party provided by law or in any other contract, agreement or instrument. K. Recordation. In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of San Bernardino County within ten (10) days after the Effective Date. IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA, a municipal corporation By: Mayor ATTEST: City Clerk Approved as to Form: By: City Attorney "Owner" VICTORIA GARDENS-C, L.L.C., a California limited Liability company By: FC VICTORIA GARDENS, INC., a California Corporation, its Administrative Member By: President By: Lewis Investment Company, LLC, a California limited liability company, its Member By: Name: Title: 83966.9 37 02/13/02 ~ STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. (i) Notary Public STATE OF CALIFORNIA ) ) SSo COUNTY OF ) On , 2002, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be.the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public 83966.9 38 02/~3/02 ~ EXHIBIT ~A" LEGAL DESCRIPTION OF PROPERTY APPROXIMATELY 165 ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, GENERALLY BOUNDED BY DAY CREEK BOULEVARD, FOOTHILL BOULEVARD, 1-15 FREEWAY, AND CHURCH STREET [FULL LEGAL DESCRIPTION TO BE PROVIDED PRIOR TO RECORDATION] Exhibit A 02/13/02 ~'~ VICTORIA COMMUNITY PLAN AMENDMENT· ADMINISTRATIVE DRAFT JANUARY 18, 2002 SUBMITTED TO TffE CITY 'OF RANCHO CUCAMONGA BY FOREST CITYDEVELOPMENT AND. LEWIS OPERATING coMPANY PREPARED BY I,'I/:;LD PAOLI ARCHITECTS INTRODUCTION This document is an Amendment to the Victoria community Plan, which is within Village of Victoria Arbors of the City of Rancho Cucamen~, Califomiz_ Thin · amendment is dated January 18, 2002 and is amendiB~o the Victoria Commra~iO, Plaa' Amendment~ dated October 2, 2000, which was prepared by PDS West °fSan Ju~ Capistrano, .Californio. The current amendment as~!mes that the Ogtober, 2000, amendment was adopted by the Cit~. Amendments are included'for text and graphics. The studded text is underlined the amended graphics are noted in the text and are o---h.~ The amendments to the Victoria Community Plan have been mad. by Field Paoli Architects of San Francisco, Califomia~ and are SUbmln~ to the City 0fRaneho Cueamonga by Forest City Development and LeWis Operating.Company. submittal of this document~ Victoria Community Plan-.4mendme~ is mude in eoniunetion With the submittal of the Victoria Gardem Ma~ter Plan, d.?ed J~mmr~ I~ 2002. Page 1. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Vict0ria Arbors, City Of]Rancho Cucamonga, California ' January 18, 2002 Page 26 - Area 4 . Area 4, Victoria Arbors, will bo a unique, multi-me commullity which features a linear boulevard/pedestrian way that ties a historic winery to a centrally-located school/park to new downtown with a town square and village green. Page 27 Graphic-An Interrelated Community of Vffiages C. CREATE A COMMUNITY:WIDE OPEN SPACE SYSTEM - A ,'LINEAR PARK'; THAT TIES THE VILLAGES TOGETHER AND CONNECTS TO THE EXISTING AND PROPOSED CITY AND COUNTY OPEN SPACE SYSTEMS. Victoria Linear Park will connect each of the Villages' central open spaces and, in turn, connect the residential portions of the commuulty together. In most of the villages, the park will have a rustic, natural feeling: informal ~ee masses and naturalized shrubs and grasses, meandc~_ug pedestrian and bicycle trails will run the entire length, providing a framework for COmmtlllity activity. The open-space sTstem will texi~lnate in VictOria Arbors whose key element is a landscaped boulevard spine which connects a historic vineyard, centrally-located parldschoo! site, and regional downtown with a main street, town green and central town square. Page 28 - Graphic - Victoria Linear Park Drawing Page 2. VICTORIA COMMUNITY PLAN - AMENDNI~NT Village of Victoria Arbors, City of Rancho Cueamonga, California January 18, 2002 D. CREATE A RECREATIONAL TRAIL SYSTEM THAT ENCOURAGES PEDESTRIAN, BICYCLE AND EQUESTRIAN CIRCULATION A system of trails will weave throughout the community, connecting residential areas to one another, and to the cOmmlnlity open space system. The trails will connect the commuulty With the regional opel1 space and trail system alon~ Day creek and Deer Creek. Page 29 - Graphic - Community Trail System (emended and attached) The trail system.will take various forms: sometimes along wads, between different land uses, through residential areas, or within open space corridors. It is a system which is adapted to its particular location, yet ties together as an nnlntelTupted connecting system. The Community Trail System diagram shoWS conceptually how the open space and trail system will work to accomplish this. Page 31 - Graphic - Local Circulation. (emended and attached) Page 3. COMMUNITY TRArt. SYSTEM no'rth' · Circulation · VICTOTM CO/VI1VI~ PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho C~eamonga, California January 18, 2002 Page 34 - Text'- Section G O. CREATE AN OVERALL LANDSCAPED UP, BAN ENVIRO~ WHICH IS PERCEIVED AND USED AS A SPECIAL PLACE BY THE RESIDENTS AND VISITORS OF VICTORIA, THE CITY OF RANCHO CUCAMONOA, AND THE REGION. The special landscape quality of Victoria will be ~reated by using the established vocabulary throughout the new community. The windrow style of planting -'trees with a vertical growing habit that are planted in a closely spaead, linear pat'~rn - will be found throughout Victoria as "special boulevards", 'adjacent to utility eorridom, and weaving through residential areas as part of the trail system. The naturalized landscape character of Victoria Linear Park is an extension and enrichment of the rustic quality that pervades the planning area. The landse, aped bouleVard/pedes~ian spine in Victoria Arbors is an important new element of the'plan that provides the connection belween the residential areas and the school/park with the new downtown to the south and the historic winery to the north. Page 37- The Victoria Community Land Use plan TI-IE VICTORIA COMMUNITY LAND USE PLAN On the following pages is the land use plan for the planning are~ On this diagram, the integrative open space elements that unify the residential and commemial uses of each village have been illustrated. Victoria Groves, Victoria Vineyards and Victoria Page 4. VICTORIA COMMUNITY PLANS AlVIEND/VIENT Village of Victoria Arbors, City of Rancho Cucamonga, California January 1 g, 2002 Windrows eaCh'have a multi-use community facility as the central villa~e amenityl Victoria Linear Park link~ these open spaces together and provides one.COntinuous ' pedestrian and bicycle trail system for the entire COmmunity. The terminus of Victeria Linear Park is in the Village of Victoria Arbors, where i~ COnnects to a landscaped boulevard/pedestrian spine, which in turn connects the hiStOric winery to the park/school site and ends as a Town Green and Town Square within the new downtown. The downtown is'named Victoria Gardenn.' This central activity and transportation spine will provide multiple COnnections. The primary COnnect/on is l~om the restored winery to the downtown. SeCOndary cgnnections include:, residential to residential neighborhoods; residential to the park/school site; ' and residential to the COmmercial and regional downtown. Arbor Lane is the name of the road that inCOrporates the Victoria ~.inoar Park as it connects the Town Green and Town Square of Vietoria'Gardens with the neighborhoods, parks and winery to th._. north. On the Town Omen a City cultural co. nt~r is planned~ Whleh is to ineiude a children's theater and a library. As the spine or boulevard enters the mixed use, downtown area of offices, restaurants and civic uses, it becomes the ..Town Green. The linear park then proceeds to the Town Square, the most urban feature of the open space corridor, located within the new downtown. Access to this open space corridor is provided by a series of pedestrian ways and generous, landscaped sidewalk~, and is complemented with accented intersections and crosswalks. Page 5. VICTORIA COMMUNITY PLAN- AMENDlV[ENT ' Village of Victoria Arbors, City of Rancho Cucamongs, California .January 18, 2002 · Page 37 - Regional Downtown REGIONAL DOWNTOWN The focus of urban activity within the Victoria Community is the regional mixed-use center within Victoria Arbors - a main street shopping area surrounded by civic, commercial and'residential uses. The name of this new, mixed-use downtown is ' ' Victoria Gardens. The downtown will feature retail uses of regional and community. interest in a landscaped Main Street setting with a Town Square and a Town Crreen~ The downtown area will feature enhanced pedemian amenities, pocket parks, public transportation, and potentially, a shuttle system from parking lots to the Main Streets and from the Mai, Streets to the winery and residential and park uses along Arbor Lane. Surrounding the regional center will be related mixed uses of commereial businesses, offices, a City cultural center, and residential uses of varying densities. This hierarchy of uses will provide a balance of commercial activities within Victoria and Rancho Cucamongathat encourage a more interesting and diverse city and promote the conservation of energy and natural resources by placing facilities close to people who will be using them. At the time the first development plan is submitted for commercial mixed use and residential mixed use, a Master plan with development standards and design guidelines shall be established. Page 39 - Graphic - Victoria Arbors - Land Use (mended and attached) . Page 6. V CTO - Village of Victoria Arbors, City of Rancho Cucamonga, C.iiforlli8 January 18, 2002 Pages 73 to 100 - The Village of Victoria Arbors THE VILLAGE OF VICTORIA ARBORS VILLAGE CONCEPT The Village of Victoria Arbors is multi-usc community thematically tied to its historic winery and containing a centrally located neighborhood school/park and an adjacent regional retail downtown. The historic winery at the north of the community should provide the village with its thematic identity, with a "vineyard buff~" that both separates and connects the winery with the village. The village will incorporate landscape references to the viticulture history and incorporate element that ~irror 'brine eoun~'y' ehaxaeter in its streetseapes and en~es and will use street names evoking "wine ceuntry" and the area's rich alPienltural heritage. The design, architecture and choice of materials should work to enforce this theme of · "wine coUntry." This character is evoked not only in Rancho Cucamonga's history, but ' in other wine regions, including Napa and Sonoma Valleys, and those of France and other parts of Europe. These areas should be a source of inspiration in design and development of Victoria Arbors. The use of vines on builalng wails and trellises is' encouraged. The use of smooth, ha, d-trowelled-finish stucco, and stone as building · wall material is appropriate. Stone, including cobble, field and quarry,' could be included in exterior wall design, alone or in combination with smooth stucco 6nish. Wro,,ght iron could be an appropriate material for use in walls and fencing, gates, trim and balustrades. Page 7. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga,'California Janumy 18, 2002 To solidify the identity of Victoria Arbors, all residential architecture shall incorporate either or both a porch and trellis. These two architectural elements will become an architectural icon for this village. Trellises should be a part of entry monumentation, street furniture; and pedestrian ways. Trellises can take many forms including long shaded walk-ways, building appurtenances, sculptural accents and gazebos. Architectural styles appropriate fOr residential uses in this village include Monterey, Craftsman, Bungalow and other traditional forms typical of agrarian and viticulture areas. N° barrel file roofing material will be allowed. No Santa Barbara style architecture will be allowed. A Master Plan will be required as part of the first Tentative Map submittal, in compliance with the General Plan-and Development Code, Which will include more detailed design guidelines and exemplary photOgraphs. The residential portion of the village will have a mix of housing types and will be oriented around an elementary school, an adjacent neighborhood park, with a multi- purpose building shared with the school, an amphitheater and plaza, and a small wetlands park. Victoria Arbors will transition in hivrarohy of intensity from the winery and its buffer; to single family residential focused around the school/park; to multi family residential and mixed commercial/civic/office use with the regional retail o__fthe new downtown, Victoria Gardens. The area to'the west of Day Creek Boulevard will transition southerly from single family residential to multi-family homing to commercial uses, all fxonted along Day Creek BOulevard by mixed use. A Master Plan for Victoria Gardens shall include a development concept showing a transition from the relatively low-inten~itY~ re.~kle~nt~al land uses to the somewhat more intense, mixed- use nature of the new downtown. Page 8. · · vicromX COM u-Nn ?LA - Village of Victoria Arbors, City of Rancho Cueamonga, California January 18; 2002 .. The parcel oflandnorth of Church Street, abutting Etiwanda Avenue is de-annexed firom the Etiwanda Specific Plan and becomes part of the Victoria C°mmtlnity Plan. A strip of land, 150 fc in depth, adjacent to Etiwanda Ave., will be developed with large lots comparable to those existing on Efiwancla Ave. The homes on these lots will face Etiwanda, but will be accessed from the Victoria Arbors residential area behind them. This strip of land and its lots will continue to be subject to all provisions, development requirements~ and design guidelines in the Etiwanda Specific Plan. In this way, the integrity of the Efiwanda Specific Plan will be maintained, since Efiwanda'Avenue forms the western most visual edge of the Specific Plan area. A generous.system of both regional and villag6-SCale trails and walkways with greenwayS with a cenWal boulevm'd/pedestrian spine, will provide easy access to the community, the re.il area. and recreation/open-space am~rfities within the village. The' greenwa~s will also provide residonts andvisitors with pedes~/an-scale amenities such as benches, picnic tables and trash receptacles. This trail system will link the village to the adjolnin~ community anda potential shuttle system, which will take customers fxom'parking to the "Main Street" area of downtown, and could also provide access from the mmaroond near the winery to residential neighborhoods and the park, and to the regional downtown. A central transportation node is planned for the regional downtown to provide aCCess from within and outside of the Village. Page 9. VICTORIA COMMUNITY PLAN -.AMENDMENT Village of Victoria Arbors, City of Rancho.Cucamonga, California January 18, 2002 VILLAGE ENTRIES The major access points to Victoria Arbors will contain large setbacks and generOusly landscaped.entry statements with ties to regional trails (see "Trails and Enlr~ Plan"). The most dramatic entry will be at the northeast comer of the village where Arbor Lane enters the community at Base Line ROad (''special en~"). Here, the generously landscaped lane will be continued with a wide linear parkway along the west side of Victoria Gardens Lane. Within one block, views.of the park and wetlands area open to . the right as motorists, bicyclists or pedestrians have the option of accessing the park and continuing on to the Day Creek Regional Trail or continuing south along Victoria Gardens Lane' Other key intersections inthe village are: · major community.entry at Day Creek Blvd. and Base Line Road · residential entry at Day Creek Blvd. and Church St. · residential entry at Church Street and Victoria Gardens Lane · residential entries along Victoria Gardens Lane and Day Creek Blvd. at their collectors · commercial entries along Victoria Gardens Lane and Day Creek Blvd. at the new "downtown" anti'les At these entries, the pedes~ian parkways widen ~o contain village en'ay signage, resting areas and enhanced landscaping. Insert Graphic - Trails and Entry Plan (amended and attached) Page 10. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victorin Arbors, City of Rancho Cucamongn, California January 18, 2002 VILLAGE EDGES The village edges along Base Line Road, Day Creek Boulevard, Claureh Street, Victoria Gardens Lane and Foothill Boulevard (Route 66) will feature sPecially- ' landscaped linear parkways which provide visual continuity, pedestrian amenities and buffers to adjoining residential uses. Landscaping along Day Creek Boulevard will be consistent with the Day Creek Boulevard SCenic/Recreational Corridor Ma~ter P lar~ The key interseCtions of Base Line Rd. and Day Creek Blvd., will be consistent with Community Entrance B in the Day Creek Boulevard Scenic/Recreational Corridor Master Plan. . · HISTORIC WINERY Fundamental to the identity of Victoria Arbors is the historic winery located in the . northern portion of the village on Base Line Road. The Ixiadition of viticulture in Cueamong~ Valley cla,~s back to the mid-1800s with the introduction of Spanish .grapes first grown at the San Gabriel Mission. By the mm of the century, there were forty-five wineries in the Valley, and the Ellena Brothers founded the subject winery (in Victoria Arbors) in 1917. Atter !934, production was changed to wine vinegar sold under the brand name Regina, and the City of Rancho Cucamonga declared the site a hi~OriC landmark. Victoria Arbors will use the viticulture theme in its village identity, including street names, signage, streetseaPe and monument landscaping. The winery is tied to Victoria Arbors by a boulevard with a wide pedestrian island terminating in a formally Page 1 l. · WCTOTM Village of Victoria Arbors, City of Rancho Cucamonga~ California January 18, 2002 landscapeA lumaround with water feature. This pedestrian island may contain demous~ration vineyards and viticulture/agriculture displays and landscaping, as well as a trail and rest areas with benches and a gazebo. However, the major entrance to the winery is located on Base Line Rd., in order to prevent disruption and inconvenience to nearby residents. With a demonstration vineyard, a store, tasting room, wine production and a strong ' visual presence, the winery will be the thematic focal point for the village. It is possible in the fa~ure that historic homes, machinery and ProduCtS related to the history of the area and its viticulture may be moved onto the winery site. PUBLIC PARK AND WETLANDs AREA A key amenity in the Village of Victoria Arbors is its centrally located neighborhood park and wetlands park area adjacent to the school site. The seven and a half a~re park is designed to serve the entire village and, due to its connection te the regional trail system along Arbor Lane, and the inclusion of a wetlands park, will also draw ~ from adjoining comm~liti~s. An added feature will be a restored wetland park, situated as a diagonal SPine into the. park, potentially containing trails, walkways and educational exhibits. The w~.lands will contain examples of flora and fauna typical to the region and kept secure by an open, wrought-iron fence. Due to its location along the ragional trail network, the park and wetlands area will serve residents from adjoining areas as well as from Victoria Arbors. Those traveling north or south along Victoria Gardens Lane and Arbor Lane or east or west through the village will pass directly by the park, and many will be Page 12. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cuenmonga, California · January 18, 2002 drawn in. The recreational amenities of the park include both active and passive uses and therefore appeal to all ages. DOWNTOWN OPEN SPACE The landscaped boulevard/pedestrian island of ye Victoria Linear Trail becomes a Town Green as it leaves'the single-family residential area and enters the.mixed use area of attached residential, retail and civic uses. The Town C-men is a Park containing the Victoria Linear Trail, landscaping, and street furniture. This Green is connected in the new downtown to the Town Square and the pattern of streets, landscaped sidewalks -and small p. arks in the main street shopping are~ The Town Square is the most urban of the open spaces in the downtown, and will be used for events within downtown. Seve~. pocket parks will be located in the downtown area, at intersections and in pedestrian circulation %ddies."- These small green spaces will provide rest areas and serve to soften the shopping environment. .TRAIL SYSTF2vi A key element to the Village of Victoria Arbors is its extensive trail system, oriented both to the region and to the village itseff. The entire trail system, described earlier, serves three major Purposes: · links Victoria Arbors to surrounding communities, regional trails and proposed commercial uses · surrounds and bUffers the village with linear parkways containing walkways, pedestrian amenities and theme landscaping Page 13. VICTOTM COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucnmonga, California January 18, 2002 · provides convenient access to the village's park, school, wetlands area and winery as well as n direct connection to the new downtown area ' Insert Graphic - Illustrative Concept Plan ' The Village of Victoria Arbors (amended and attached) The Arbor Lane CommUnity Trail enmrs the village at Base Line Road and oontinues south along Arbor Lane until connecting to the park/school/wetlands site. From here.it continues west, meeting the laadseaped boulevard/pedestrian spine of the village, Arbor Lane. Users of the trial can continue west cross'rog Arbor Lane and through a small residential neighborhoOd to link up with the Day'Creek Blvd. Scenic/Recreational Corridor trail system; or lravel.south along Arbor Lane to the regional downtown, Victoria Crardens; or travel north a short distance to the historic The Day Creek Boulevard Scenic/Recreational C~rridor with its re~onal trail system ' continues north of Base Line Road, past the Foothill Freeway connection to the Efiwanda North Trail System. It continues south past Foothill Boulevard to Jack · Benny Drive to a trail connecting to the Epieanter Stadium and adult sports park. Iatcl~ally, thc trail and wa vay sys m provides convani~nt and safe access to school and park sites with' widened sidewalks provided along f~ler struts. Internal street patterns with their many cul-de-sacs provide that children can walk to the school and park on a trail system with minimal street crossings. In addition, at several important inter~ecfions, pedestrian walk-ways are provided through blocks to link to the regional trail system Page 14. Illustrative Concept Pla~ The Village.ofVictarla Arbor~ VICTORIA COMMUNITY PLAN- AMENDMENT Village of Victoria Arbors~ City of Rancho Cucamonga, California January 18, 2002 RESIDENTIAL LAND USE IN VICTORIA ARBORS There will be a mix of housing types provided in Vi~orim This single'family housing is oriented around the school and park sites and is conSistent'with the family nature of the village and adjacent residential areas to the west, north and east. Multi family housing will provide a transitional use between the single family residential and commercial and civic uses. Multi Family residential will be provided west of Day Creek Boulev.ard, which will be fronted along the Boulevard by mixed use. This mix of housing types will provide more choices to future residents and is consistent with planned and adjacent uses. The following residential land use densities are planned: · L -'low (2-4 dwelling units per acre) · LM - loW-medium (4;8 dwelling units per acre) · M-medium (8-10 dw¢lling units peracm) · Mit'- medium-high (14-24 dwelling units p~r acre) · It - high (24-30 dwelling·units per acr~). TRANSITION OF RESIDENTIAL DENSITY Residential density will transition from the more rural feeling area arOund the winery and vineyards to the north, to smaller and attached homes'near the new downtown in the south. Due to the more nh-al character and a family orientation, low-medium density housing will be the most common use in the north half of the village. The extensive use of cul- Page 15. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga, Califoraia January 18, 2002 de-sacs will provide s~fe public space for children and necessitate some variation in lot sizes and configuration. A mw of large (appro×imat~ly 14,000 square foot) lots will front on Etiwanda Avenue to conform to other large lots that exis~ along this rural street, while being accessed from their backs from within Victoria Arbors. All homes, which back onto major arterial and secondary highways, will be buffered with a landscaped slope easement and wall. Medium-high to high residential uses will occur in the residential mixed use area adjacent to the downtown, Victoria Gardens. This area will include attached residential dwellings, retail, office and civic uses. It will create an exciting, urban living environment that will form a symbiotic relationship with the downtown, extending activities into the evenings. Additional medium-high density and possibly high density senior housing will occur west of Day Creek Boulevard and sOUth of Church Street, behind a strip of mixed use area. This strip of mixed uses may include attached residential and/or retail uses. A Master Plan for the downtown area, Victoria Gardens, has been prepared as part of the first development plan submittals for residential uses and mixed retail/office/residential uses. This Master Plan includes a development (lend use) concept for location and configuration of residential, civic, commercial, and ~ uses. Page 16. · VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga, California Sanuary 18, 2002 REGIONAL CENTER I8 URBAN FOCUS FOR VICTORIA Thc new downtown will be the commercial focus °f Victoria and of the region, extending beyond the City of Rancho Cucamonga to include western San Bcmardino County. It is important that this center fulfill its role as the active terminus of the community-wide open space system and as an outstanding regional oommeroial facility. To accomplish these goah, the regional center will be designed as a downtown, Main Street concept. An array of department stores and commercial, retail' and civic uses will be complemented with attractive public spaces including a Town Green which is connected to an urban square - Town Square. This combination of gathering/recreating spaces and the trail system which connects the regional center to the community will make this downtown a unique place that will function as the focus of the Village of Victoria Arbors and the retail heart of Ranch0 Cucamonga. · The regional Center will be surroUnded by civic, mixed use and multi-family residential · uses which will serve to support the retail uses. Furthermore, the open space corridor - in the form of the village's landscaped boulevard/pedestrian way - will conveniently draw both village residents and visitors from outside Victoria Arbors - into the heart of the downtown. Once there, visitors will enjoy a great variety of activities from shopping to eating to strolling to relaxing. The rcgiomal center will provide a lively stm~t scene with both regional and specialty retail and commercial/office uses complemented with restaurants and service c~mrn~rd~l. Pedestrian-friendly amenities along the downtown streets Will include pocket parks, outdoor restaUrants, be~tches, accented paving and specialized landscaping. Page 17. VICTORIA coMMuNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga, California · January 18, 2002. PUBLIC TRANSPORT AND MASS TRANSIT The Village of Victoria Arbors will accommodate several levels of public ~rzn~ortation. A shuttle'system could potentially operate within the retail area, taking visitors fi'om parking facilities located in peripheral areas of the commercial center to the regional center. Local public lransit services could serve residents of Victoria Arbors as well as provide a direct phYsical connection of the winery to the new downtown. In addition, this regional downtown could contain a cenlral tran~ortation node for public buses to serve not only the Village but also the region.. In order to msl~e the best use of space in the regional center and in order to maintain relatively short wzllc~n.o, distances wlthln downtown, the use of parking structures is permitted and may be necessary. As the regional center develops over time, parking structures probably would be built to accommodate future mixed-use development. Most likely, the psrkin~ structures would comprise a few levels, they would be naturally venfil~t~ wherever possible, and they would need to be li~,.ht, airy. and secure for the users. COMMUNITY FACILITIES The Victoria Comm~mity Plan will provide specific facilities to meet community needs~ These facilities will be convenient to village ?esidents and will miniraiT£ dependence on facilities outside the community. These facilities include schools, parks, trails, and community-serving retail in village commercial centers and the new downtown area. 'A children's theater~ a library~ and a town green are to be provided in the downtown~ Victoria Gardens. Page. 18. · VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cueamonga, California January 18, 2002 PARKS AND OPEN SPACE Parks and open space have been integrated into the community to form the c]~aracte~ and identity of each individual village, as well as Victoria as a whole. This will 'be accomplished by locating park and community facilities at the center of each village, connecting the residential areas to the central facilities via an extensive trail system, and then connecting each village open SPace through the Victoria Linear Park. Village parks in residential areas will be large enough to accommodate facilities for use by all village residents. Placing parks next to school playgrounds and facilities will also maxjmiT~ efficient use of con~munity open space. There is a wide variety of open SPaces in the Village of Victoria Arbors. In addition to the extensive trails end parkways described earlier, the village has a 7.5 acre neighborhoOd park, a 1.5 'acre restored wetland park, and a prominent, north/south · open space corridor that extends from the winery into the heart 0f the doWntown mall. This greenWay Consists of an extensively landscaped boulevard (Arbor Lane) with a wide median stxip with a trail that extends from a formal turnaround at the neighborhood park, near the winery, to the beginnl,g of the mixed use area near the regional doWntown. At this point and continuing south, the corridor becomes a Town Green - a landscaped spine with internal pathways. With this variety of open space and park amenities, the Village of Victoria Arbors provides many recreational opportunities for both residents end visitors. The park, adjacent tothe landscaped boulevard, will be easily accessible to nearby residents but is also located along the regional trail system. The adjoining wetlands park is also along the regional trail system from victOria Gardens Lane. More urban public space Page 19. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga, California · January 15~ 2002 can be found within the regional center with its Town Green, ToWn Square and pocket parks located along the main commercial streets. The downtown, main streets area will have generously landscaped sidewalks and planters, which when added to the small parks, the Crreen and the Square, w/ll make the regional center the Victoria Gardens. sCHOOLS Schools have been planned for Victoria to complement and reinforce the open space system. They Will be located dose to the village parks in residential neighborhoods, and access by foot or bicycle via the trail system is assured.. Joint use of school facilities for. broad commllnity needs will be encouraged to make the schools a hub of activity for village activities. · These goals are thoroughly implemented in Victoria Arbors. The ten-acre elementary school is adjacent to the park and accessible by car, bus, shuffle, bicycle, or on f°ot. The school is just off the regional trail system that enters the village from the north at Victoria Gardens Lane and is directly adjoining the trail that ru~ east from the boulevard/open space corridor. The school's central location w~thin the village and its inclusion in a central open space with a park and restored wetlands site give it a . prominent and efficient location with unique recreational and educational opportunities. Page 20. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho CUcamonga, Californin = January 18, 2002 CHURCHES Churches can be accommodated ill the Vii]age of ¥ictofia Arbors in the following ways: a. Shared facilities at local schools. Though thi~ is not a suitable permanent solution, it can serve temporary needs. b. The regional retail area and mixed use areas o£the plan, are permissible locations for churches. They can share use of commercial parking during off-hours. c. Condominium churches permit joint use church complexes and a reduced land cost for church groups. Such innovative use and p!ans are encouraged w~thln the villages. CONSERVATION OF RESOURCES Within the Villages of the Victoria Commullity Plan, many elements have been slructm~ to provide for the conservation of resources. This will be accomplished in the following ways. 1. Use water for plant materials where the community benefits most Water will be conserved whereve~ possible by using Iow maintenance or drought tolerant plant material. Conserving water in naturalized areas will allow the use of water where it will be most needed for more intense community use, such as in parks and water features. The Page 21. VICTORIA COMMUNITY PLAN - AMENDMENT Village of Victoria Arbors, City of Rancho Cucamonga, California Sanuary 18, 2002 parks and schools, therefore, will have some extensive lawn areas, which require regular watering. 2. Extensive trail system encourages use of bicycles andpedestrians Trail systems work best where they connect the community residents to the places they use most. The Irial system in Victoria is eXtenSive and will provide the connections that provide the best options for residents and visitors. Direct access is provided to local parks and schools, to village commercial centers, to regional Wails and open space and to other villages. On a regional level, connections will be made to the community's major commercial centers, to the developing industrial center and to neighborin~ Terra Vista. The Village of Victoria Arbors provides pedestrians 'and biCYClists aa array of choices that do not necessitate use ora ear. In addition.to the regional trail system that enters the village from the north at Victoria Gardens Lane, pedestrians and bicyclists can travel along the landscaped boulevard as they move south towards the downtown mixed-use area. Once arriving in the downtown, the pedestrian pathways continue through and terminate at the Town Green. The extensive system of inter-village trails and walkways also provide access to the park, scho°t and wetlands park. A shuttle system is possible for inter-village travel, going from the turnaround near the winery, accessing the School and park, and ending within the downtown regional center. The shuttle system should be coordinated with a parking facility in the new downtown so that people can leave their vehicles and use the village transit. This interconnected trail system combined with a shuttle could reduce automobile waffle and improve air Page 22. VICTORIA COMMUNITY pLAN _ AMENDMENT Village of Victorla Arbors, City of Rancho CUcamonga, California January 18, 2002 STATISTICAL SUMMARY PLAN EVOLVES THROUGH TIME The purpose of this section is to explain how residential density and the mount of acreage devoted to the land uses proposed can work together to make the Victoria Community Plan a reality. As the plan is presented here, the optimum residential yield is 8,255 dwelling units, or approximately 8.64 residential dwelling units per acre within the residential portion of the planned community. SUMMARY OF LAND USE ACREAGE The acreage figures found on the Land Use Acreage Table on the following page, represent the proportions devoted to each land use as shown on the Land Use Plan. These calculations arc based on current plans and are subject to corrections based on more refined data as it is available, (Amend) Insert Graphic - Land Use for Victoria Arbors - September 2000 (amended and attached) Insert Graphic - Proposed Land Use for Victoria Arbors (amended and attached) Page 23. LEGEND H = High ~iDENTU~L ~ = L~IUM' M~ = M~D u~ ~ ='O~F~E ~: ~* ~O[O~ OE~ ....... ~ND USE FOR ~CTOR~ ARBORS - SEPTEMBER 2000 PROPOSED LAND USE FOR VICTORIA ARBORS COMMERCIAL SUBDIVISION PARCEL MAP ,~. I .~., TENTATIVE PARCEL MAP NO. 15716 _m ~1~i~ ~-- VICTOmA GARDENS ~,~.,-,'~-' ..... '--'"'"--' FOREST CITY L~:~.~,~ The Mobility Group 81TE IJTILIZ~TION ~ %_-~ ~ T TENTATI[VE PARCF~ MAP NO. 1~716 , '-' '~'~ VICTORI~ G~RDEN$ .... ,~.. $~- 1 o~ 15 COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS I~ %TEST CITY C~~ StJBO~lS~N P~ ~ TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS ~ ~ESTCITY I ..;..-'~ . ;-~ ~' .~ I ,. II ~-; !''~ TENTATIVE PARCEL MAP NO. 15716 " --' , SHEET 9 OF 15 C, Oh&~:F~C~sJ. SOBDKq,~ PPJ~C~. M~d~ TENTATIVE P~CEL M~ NO. 15716 ~CTO~ GA~ENS ~-] -~ ~ . T' ; '-i,~ x:-'i~M~lJ~l._.' ,_ _~ ' ,L ~2~,~, ~ ~ COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCITY FIRE ACCF. SS COI~.~CIAL 8UBOMIIC~ pARCI~ MAP T~NTATIY~ PARCEL ~ NO. M716 ...... ~- ~CTO~ GARDENS ~ -- 8HE~ 11 OF 15 COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCITY PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS 17~ 8HEET 3 OF 15 COMMERCIAL 8LIBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS ~.~ T T " FORESTCITY PARCEL MAP - ~ I~tDMIJ~ P~ M~ TENTATIV]g PARCR. L MAP NO. 1~716 VICTORLS, GARDENS SHEET 4 OF 15 COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS ~____~t~T T TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS ~ ' ~ar SHEET 5 OF 15 COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCrr¥ pARCEL MAP 'i'E/CI'ATIVE PARCEL MAP NO. 1~716 VICTORIA GARDENS SHEET 6 OF 15 COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCITY PARCEL MAP 'I'~NTATIV~ PARCEL MAP NO. 15716 VICTORIA GARDENS SHEET 7 OF 15 TENTATIVE PARCEL MAP NO. 15716 VICTORI~ GARDENS COMMERCIAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS FORESTCITY GObJ,/~lOl~ 8LIBDlV181ON PAFIOI~I. MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS t ~F~EST CITY FIRE TRUCK & SEMI-TRAILER TURNING RADIUS 'rFaNTATIV]g PARCEL MAP NO. I~/16 VICTORIA GARDENS 8HEET 13 OF 15 COIVlVERCtAL SUBDIVISION PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS :1 t.i~~ I -. ~ ~ ~ -----. ___.-~___ FIRE TRUCK & SEMI-TRAILER TURNING RADIUS 'rl~TATIV~ PARCEL MAP NO. 15716 VICTORIA GARDENS SHEET 14 OF 15 C~CIAL SIJBDIVI,.~3N PARCEL MAP TENTATIVE PARCEL MAP NO. 15716 VICTORIA GARDENS ,, f', ~ ,~-,~ ~. ~RESTCITY ~ ~UCK & SE~-~ER ~G ~ ~A~ P~L ~ NO. ~716 ~CTO~ GARDENS ~ s~ 15 o~ 15 EXHIBIT ~D" APPLICABLE FEES Owner will pay all fees in the amount in effect on the effective date of this Agreement, except: A) For processing fees in Section III D of the Development Agreement; B) And, the City Transportation Development Fee will not be paid on the first 1.4 Million square feet of commercial development, excluding development on the eastern area which is bounded by Victoria Gardens Lane, Church Street, and 1-15, and provided that all development for which building permits are issued more than four (4) years after opening of the project shall pay the City Transportation Development Fee in the amount in effect on the effective date of this agreement. 83966.9 Exhibit D 02/07/02 RESOLUTION NO. 02-20 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 01-02, INCLUDING A MASTER PLAN FOR THE DEVELOPMENT OF A PROJECT KNOWN AS VICTORIA GARDENS, A MIXED-USE DEVELOPMENT CONSISTING OF APPROXIMATELY 2.45 MILLION SQUARE FOOT RETAIL, OF, AND CIVIC USES AS WELL AS 600 MULTIPLE-FAMILY RESIDENTIAL UNITS, ON APPROXIMATELY 175 ACRES OF LAND. THE PROJECT SITE IS WITHIN THE CITY BOUNDARY AND THE VICTORIA COMMUNITY PLAN AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Forest City Development Califomia, Inc., filed an application for Development Agreement No. 01-02, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as '1he application." 2. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said headng on that date. 3. The subject property of the Development Agreement is legally described heroin. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A" to the staff report. 5. The Planning Commission has reviewed and considered the associated Environmental Impact Report prepared for said project. 6. 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 am true and correct. 2. This Commission hereby specifically finds that the Development Agreement and each and every term and provi~sion contained therein, including the associated Master Plan, conform to the General Plan of the City of Rancho Cucamonga. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 2 3. Based upon the facts and information contained in the "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028," together with all written and oral reports, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment beyond those impacts related to air quality and ~,~c that are significant and unavoidable and will, therefore, necessitate a Statement of Oven'iding Considerations by the City Council. a. That the "Final Environmental Impact Report for Victoria Gardens $CH No: 2001031028," has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Environmental Impact Report prepared therefore reflects the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Environmental Impact Report with regard to the application. b. The "Final Environmental Impact Report for Victoda Gardens SCH No: 2001031028," identifies that all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project with the exception of those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. c. Pursuant to the provisions of Section 753.5(c) of TAle 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the i'Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028" for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031 028," the staff reports and exhibits, and the information provided to the Planning Commission during Ihe public hearing, the Planning Commission hereby rebuts the presumption of adverse effects as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations and recommends that the City Council adopt a Statement of Overriding Considerations relative to significant unavoidable impacts related to air quality and traffic. 4. This Commission hereby recommends approval of the Development Agreement listed as Exhibit "A" of the staff report inc/uding the referenced Master Plan listed as Exhibit "B" of the staff report subject to each and every condition set forth below and the affached standard conditions incorporated hereto by this reference: Plannina Division: 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and affomey's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 3 2) The development of the triangular "Leggio" out parcel at the northeast comer of the project bound by future Church Street to the north, future Victoda Gardens Lane to the west, and the 1-15 Freeway to the east, the Foothill Boulevard out parcels bound by future Victoria Gardens Lane to the north, future Day Creek Boulevard to the west, the 1-15 Freeway to the east, and Foothill Boulevard to the south, and the roughly 18 acres of future residential development along the north edge of the project between future Church Street and "D" Street shall comply' with applicable regulations of the Development Code and the Victoria Community Plan, except where specifically detailed in the Master Plan. 3) The allowed list of land uses for Day Creek Boulevard shall not include fast food drive-thru restaurants north of Victoda Gardens Lane. Other forms of drive-thru uses may be permitted subject to Development Review/Conditional Use Permit. Drive-thru uses that inciude fast food restaurants, as defined by Development Code Section 17.30.030 (w), may be permitted on Day Creek Boulevard between Foothill Boulevard and victoria Gardens Lane with the exception of the comer parcel at Foothill Boulevard and Day Creek Boulevard (Parcel 53 on Tentative Parcel Map), on which no drive-thru uses may be permitted. All drive- thru development on Day Creek Boulevard shall be very well screened and designed to be consistent with the urban atmosphere of the Regional Center. 4) The revised design for the intersection of Foothill Boulevard and Day Creek Boulevard shall be per the Day Creek Master Plan. Any revised design shall be subject to Design Review Committee review. The revised design may have reduced land area devoted to intersection enhancement, but the overall level of quality must be on par with the current design per the Day Creek Boulevard and Victoria Arbors Master Plans. VVhataver design is established for the northeast comer shall apply to the other three comers as wall. 5) No compact parking spaces shall be allowed. 6) The frontage of the site on Church Street at the northeast comer area of the site shall be designed as sensitively as possible relative to single-family homes planned to the north. The Term Vista Town center frontage along Church Street provides an excellent example to this type of sensitive buffer design. 7) The building on Parcel 68 shall comply with the building, parking and average landscape setbacks relative to Church Street per the Development Code. 8) All environmental mitigation measures per the approved Mitigation Monitoring Program, shall apply. 9) Within 45 days of City Council approval, a revised Master Plan text incorporating the changes required shall be submitted to the City Planner for review and approval. Upon acceptance by the City Planner, a total of 50 unbound, 3-hole punch copies of the Master Plan shall be PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 4 submitted to the Planning Division. In addition, one camera-ready odginal (unbound) and one executable copy on a CDROM in Microsoft Word or Microsoft 11 shall be subroitted. 10) All interior streets, drive aisles, and pedestrian pathways shall comply with the applicable provisions of the Aroericans with Disabilities Act to the satisfaction of the City Planner, City Engineer, and City Building Official. 11) Only one freeway pylon sign shall be allowed for the Mall project. THE ENGINEERING SPECIAL CONDITIONS SHALL TAKE PRECEDENCE OVER ENGINEERING STANDARD CONDITIONS 1) Foothill Boulevard at 1-15 Freeway on/off romps: a) Provide a southbound off-ramp frae right-turn only lane with a "pork-chop" channelization island. b) Construct a free right-turn lane for eastbound Foothill Boulevard to southbound 1-15 Freeway. c) Modifl~ traffic signal, as required. 2) Foothill Boulevard at Day Creek Boulevard: a) Provide a westbound free right-tum lane. b) Provide two westbound left-turn lanes 200 feet in length with a 120-foot taper. c) Provide two eastbound left-turn lanes 420 feet in length with a 120-foot taper. d) Provide a southbound free right-turn lane 200 feet in length with a 120-foot taper. e) Provide northbound and southbound bus bays on Day Creek Boulevard. f} Provide eastbound and westbound bus bays on Foothill Boulevard. g) Provide throe southbound left-turn lanes, one southbound through, and one southbound free right-tum lane. h) Provide an 8-foot wide roedian to serve as a pedestrian refuge on the north leg of this intersection subject to City Engineer approval. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. Janua~j 23, 2002 Page 5 3) Foothill Boulevard between 1-15 Freeway and Day Creek Boulevard: a) To be improved to the City's and Caltrans "Major Divided Highway" standards (Typical mid-block section curb-to-curb = 20x12x12x14x14x14x12x12x20feet, exceptat intersections). b) Provide curb, gutter, and sidewalk, as required. c) Provided raised landscaped medians. d) Median openings will not be allowed between Day Creek Boulevard and 1-15 Freeway. e) Provide 16,000 lumen HPSV streetlights, as required. 0 Provide R26(s) "No Stopping Any Time" signs, as required. g) Provide signing and striping, as required. h) Foothill Boulevard, west of Day Creek Boulevard, shall be constructed full width and tmnsitioned to join existing subject to City Engineer Approval. 4) Day Creek Blvd at Victoria Gardens Lane: a) Provide a northbound frae right-tum lane. b) Provide a northbound left-turn lane 200 feet in length with a 90-foot taper. c) Provide a southbound left-turn lane 300 feet in length with a 90-foot taper. d) Provide two westbound left-turn lanes 320 feet in length with a 120-foot taper, one left and through shared lane, and a separate right-turn lane. The taper for the westbound right-turn only lane shall begin at the ECR of Private Drive "A." e) Provide a traffic signal. 5) Day Creek Boulevard at Church Street: a) Provide a northbound left-turn lane, throe through lanes, and one separate right-turn lane. b)Provide a northbound left-turn lane 350 feet in length with a 120-foot taper. c) Provide a northbound right-turn lane 200 feet in length with a 60-foot taper. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02-FOREST CITY DEVELOPMENTCALIFORNIA, INC. January23, 2002 Page 6 d) Coordinate with the American Beauty project so that striping will line up across this intersection. e) Provide a traffic signal. 6) Day Creek Boulevard at Private D~ve "L" (North Main): a) Provide two southbound left-turn lanes 375 feet in length with a 120-lout taper. b) Provide a northbound left-turn pocket 250 feet in length with a 90-fcot taper. c) Provide for northbound and southbound bus bays, d) Provide a traffic signal. 7) Day Creek Boulevard at Private Drive "V" (South Main): a) Provide a southbound left-turn pocket 275 feet in length with a 120-foot taper. b) No northbound left tums or eastbound left tums will be permitted. c) No eastbound or westbound through traffic will be permitted. d) Provide a traffic signal. 8) Day Creek Boulevard between Foothill Boulevard and Church Street: a) To be improved to the City's "Major Divided Arterial" standards. (Typical mid-block section curb = curb 16 x 11 x 13 x 14 x 13 x 11 x 16 feet, except at intersections) b) Provide curb, gutter, and sidewalk, as required. c) Provide raised landscaped medians. Median openings will only be allowed at signalized intersections. d) Provide bike lanes on Day Creek Boulevard. e) Provide streetlights, as required. (residential, 9500 and commercial 16,000 lumen HPSV) 0 Provides R2.6(s) "No Stopping Any Time" signs, as required. g) Provide signing and striping, as required. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 7 9) Church Street at Victoda Gardens Lane: a) Provide an eastbound left-turn lane 200 feet in length with a 90-foot taper. b) Provide a separate eastbound right-turn only lane 200 feet in length with a 60-foot taper. c) Provide two westbound left-turn lanes 250 feet in length with a 120-foct taper. d) Provide one northbound left-turn lane, one through lane and separate right-turn lane. e) Provide a northbound left-turn lane 300 feet in length with a 120-foot taper. f) Provide a traffic signal with northbound right-turn overlap phasing. g) Provide a continuous raised median island 4 feet in width on Victoda Gardens Lane from Church Street to Private Drive "L" (North Main). The curb-to-curb width of the street shall be 68 feet. 10) Church Street at "unnamed street" east of Victoria Gardens Lane: a) Provide a driveway for the future development located on the southeast comer of Church Street and Victoria Gardens Lane. This driveway shall align with "unnamed street." b) Provide westbound left-turn lane 200 feet in length with a 90-foot taper. 11) Church Street between Victoda Gardens Lane and Etiwanda Avenue: a) To be improved to the City's "Modified Major Arterial" standards (Typical mid-block section curb to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). Modifications to the existing 1-15 Freeway support system may be required. b) Provide curb, gutter, and sidewalk, as required. c) Provide a raised median on Church Street, between Victoria Park Land and Etiwanda Avenue. d) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). e) Provides R26(s) "No Stopping Any Time" signs, as required. 0 Preside signing and striping, as required. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 8 g) Provide bike lanes on Church Street. 12) Church Street between Victoria Gardens Lane and Day Creek Channel: a) To be improved to the City's "Modified Secondary Arterial" standards. (Typical mid-block section curb' to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). b) Provide curb, gutter, and sidewalk, as required. c) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). d) Provides R26(s) "No Stopping Any Time" signs, as required. e) Provide signing and striping, as required. f) Provide bike lanes on Church Street. 13) Victoria Garden Lane at Private Drive "L" (North Main): a) Provide a northbound left-turn lane 300 feet in length with a 120-foot taper. b) Provide a southbound left-turn lane 200 feet in length with a 120-foot taper. c) Provide a continuous raised median island 4 feet in width from Private Drive "L" (North Main) to 300 feet south of Private Drive "L" (North Main). The curb-to-curb width of the street shall be 68 feet. d) Provide a traffic signal. 14) Victoria Gardens Lane at Pdvate Drive "11": a) Provide an eastbound left-turn lane 300 feet in length with a 120-foot taper. b) Provide a traffic signal. 15) Victoria Gardens Lane at Private Drive "J J": a) Provide an eastbound left-turn lane 260 feet in length with a 90-foot taper. b)Provide a westbound left-turn lane 200 feet in length with a 90-foot taper. c) Provide a raised median island 340 feet in length east of Private Drive "JJ." PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02- FOREST ClTY DEVELOPMENT CALIFORNIA, INC. Janua~23, 2002 Page 9 d) Provide a traffic signal. 16) Victoria Gardens Lane between Church Street and Day Creek Boulevard: a) To be improved to the City's "Modified Major Arterial" standards. (Typical mid-block section curb to curb = 64 feet (16 x 11 x 10xll x16 feet), or 68 feet where a raised median island is required. b) Provide curb, gutter, and sidewalk, as required. c) Provide streetlights, as required (residential 9500 and commemial 16,000 lumen HPSV). d) Provides R26(s) "No Stopping Any Time" signs, as required. e) Provide signing and striping, as required. f) Provide for bike lanes. 17) Lot "B" (Arbor Lane) at Church Street: a) Provide eastbound and westbound left-turn lanes 200 feet in length with a 90-foot taper. b) The north/south through lanes must align and be coordinate with the American Beauty Project. c) Provide two northbound left-turn lanes 100 feet in length with a 120-foot taper. d) Provide for bike lanes. e) The first 50 feet of lane lines and curb south of Church Street shall be parallel to the centerline. 0Use a 20:1 taper for lanes and curb on Arbor Way from Church Street to Lot "D" beyond the first 50 feet. g) Alternate improvement standards to those listed above, (16a through 160, may be considered subject to satisfaction of the City Engineer. 18) Foothill Boulevard, Day Creek Boulevard, Church Street, Lot "MM", Lot "KK", Lot "D" from Day Creek Boulevard to Arbor Lane (Lot "B"), Lot"B" and Victoria Gardens Lane shall be public streets. All other intemal leffered lots shall be considered to be private drive aisles. 19) Lot "D" from Day Creek Boulevard to Arbor Lane ("B") and Lot "B" shall be maintained by the Developer through a maintenance agreement approved by the City Engineer. PLANNING COMMISSION RESOLUTION NO. 0250 DA01-02-FOREST CITY DEVELOPMENT CALIFORNIA, INC. Janua~ 23,2002 Page 10 20) The developer shall make a fair share contribution for mitigation of Traffic impacts outside the jurisdiction of the City in the following amounts prior to recordation of map: a) Etiwanda Avenue at Slover Avenue - $10,700. b) Cherry Avenue at Base Line Road - $29,400. c) Chemj Avenue at Foothill Boulevard - $52,500. d) Foothill Boulevard at Etiwanda Avenue - $67,720. e) Etiwanda Avenue at San Bemardino Avenue - $10,344. 21) Traffic signals within the vicinity of this project shall be interconnected. Interconnect shall be provided to future signals. 22) Provide an on-street master controller and telephone drop. 23) Provide traffic signal coordination timing for the morning and night peak periods using the Synchro and Sim traffic software program. Traffic model data shall be provided to the City on 3.5 diskettes. 24) The City "Driveway Policy" shall be in accordance with the approved Master Plan on Victoria Gardens Lane. 25) Bus bays shall be provided at the following locations: northbound and southbound on Day Creek Boulevard at Foothill Boulevard, Church Street, and North Main Street. 26) Bus Bays shall be provided eastbound and westbound on Foothill Boulevard at Day Creek Boulevard. 27) A Fire Department access circular plan shall be approved by the Fire Department. 28) All crosswalks at intersections need to be setback at least 1-foot from traveled way. This is to prevent pedestrians from being hit by parallel through traffic. 29) Reciprocal access for ingress and egress is required for all parcels not having access to a public street. 30) Internal private drive aisles: a) Provide curb, gutter, sidewalk and driveways, as required. b) Provide signing and striping, as required. c) Driveways into parking lots shall be a minimum of 100 feet from intersections. PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02-FOREST CITY DEVELOPMENT CALIFORNIA, INC. January23, 2002 Page 11 d) Only one mid-block pedestrian crossing will be permitted between street intersections. 31) The developer shall install landscaping to Caltrans standard on the west side of the 1-15 Freeway from westerly of the southbound off-ramp at Foothill Boulevard to Etiwanda Avenue, which will be maintained by Caltrans. In the event that Caltrans does not accept the landscaping for maintenance, the developer shall provide for maintenance for a 20- year period as approved by the City Engineer. 32) Staff attempted to address all streets and intersections. If any were overlooked, then those missed shall be designed with the general intent of the other locations around the mall. 33) The CFD is constructing a large portion of the off-site facilities. Any off-site requirement not constructed with the CFD is subject to developer-to-developer reimbursement. Submit for reimbursement agreement within six months of acceptance by City or all rights to reimbursements are void. 34) Special medians, such as Foothill Boulevard median, will require electrical power to facilitate community programming slated for the median/street. 35) LMD areas shall have a maximum of 3:1 slopes with maximum retaining wall of 30 inches, except the east side of Day Creek Boulevard shall have maximum slope of 4:1. Top of slope and toe of slope shall have a minimum 1-foot fiat area to pedestrian walkways, 2-foot fiat area at top of slope for larger slopes, per City standard. 36) Parkways shall be 2 percent from the top of the curb to the back of the walk. 37) All utilities off-site and on-site shall be handled according to the underground utility policy. Utilities on the opposite sides of the streets fronting the project shall have fees paid in accordance with the policy. Utilities on the project side of the street fronting the project shall be undergrounded in accordance with the policy. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNING COM/~ISSION OF THE CITY OF RANCHO CUCAMONGA Larry T. ~/ll~iel,~Chairman PLANNING COMMISSION RESOLUTION NO. 02-20 DA01-02 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 12 ATTEST~ I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certi~ 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 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MAClAS, MANNERINO, MCNIEL, STEWART · NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DA01-02 SUBJECT: DEVELOPMENT AGREEMENT/MASTER PLAN FOR VICTORIA GARDENS APPLICANT: FOREST CITY DEVELOPMENT CALIFORNIA, INC. LOCATION: NWC OF FOOTHILL BOULEVARD/I-15 FREEWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements comoletion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. B. Site Development 1. The site shall be developed and maintained in accordance with the approved Master Plan, the conditions contained herein, Development Code regulations, and the Victoria Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection Distdct and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4.Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval pdor to the issuance of building permits. Project No. DA01-02 CornDletJon Date 5. Ail site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / consistency prior to issuance of any permits (such as grading, tree removal, encroachment building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code / all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance beyond the associated Victoria Community Plan amendments and the Development AgraementJMaster Plan. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved / by the City Planner and Police Department (477-2800) pdor to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 8. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with / all receptacles shielded from public view. 9. Trash receptacle(s) ara required and shall meet City standards. The final design, locations, and / the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 10. Ail ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 11. Street names shall be submitted for City Planner review and approval in accordance with the / adopted Street Naming Policy prior to approval of the final map. 12. All building numbers and individual units shall be identified in a clear and concise manner / including proper illumination. 13. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed / control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 14. Ail parkways, open areas, and landscaping shall be permanently maintained by the property owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved pdor to the issuance of building permits. 15. The developer shall submit a construction access plan and schedule for the development of all / lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concems, hours of construction activity, dust control measures, and security fencing. 16. Where rock cobble is used, it shall be real dver rock. Other stone veneers may be manufactured / products. C. Shopping Centers 1. The Master Plan is approved. Future development for (each building pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. Project No. DA01-02 Comolefion Date 2. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of (the shopping center/the project). b. Separate pedestrian access that does not require the opening of the main doors and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. / d. Roll-up doors. / e. Trash bins with counter-weighted lids. / f. Architecturally treated overhead shade trellis. / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to __ be hidden from view. 3. Graffiti shall be removed within 72 hours. / 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and / debris remain for more than 24 hours. 5. Signs shall be conveniently posted for "no ovemight parking" and for "employee parking only." 6.All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - Ail commemial activities shall not create any noise that would exceed an / exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, closing, or / /__ other handling of boxes, crates, containers, building materials, garbage cons, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would couse a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. __ They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. 8. Ail future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be __ included in the landscope and irrigation plans to be submitted for Planning Division approval prior to the issuance of building permits. 9. The lighting fixture design shall compliment the amhitectural program. It shall include the plaza arsa lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 10. All future projects within the shopping center shall be designed to be compatible and consistent with the amhitectural program established by the Master Plan. t 1. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the City Planner prior to the issuance of building permits. D. Building Design 1. Ail roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. Project No. DA01-02 Comelet~on Date 2.For commercial and industrial projects, paint roll-up doors and service doors to match main building colors. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts __ a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall / contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be provided __ throughout the development to connect dwellings/units/buildings with open spaces/plazas/ recreational uses. 4. Ail parking spaces shall be double striped per City standards and all driveway aisles, entrances / and exits shall be striped per City standards. 5. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho / Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn-around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 6. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 7. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 8. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 9. Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. F, Trip Reduction 1. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and single- family developments of 500 or mom units. 2. Shower facility accessible to both men and women shall be provided for persons walking or bicycling to work for each project which meets the following thresholds: Commercial 250,000 square feet Industrial 325,000 square feet Office 125,000 square feet Hotels and Motels 250 rooms Project No. DA01-02 Completion Date G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision, 2. A minimum of 30% within commercial and office projects, shall be specimen size trees - 24-inch / box or larger. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking / stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one / tree per 30 linear feet of building. 5. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 / slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. Ail private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ff. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer pdor to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible for / the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant matedal shall be replaced within 30 days from the date of damage. 8. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included / in the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 9. Special landscape features such as mounding, alluvial rock, specimen size trees, meandering sidewalks (with horizontal change), and intensified landscaping, is required along public street frontage. 10.Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 11. All walls shall be provided with decorative treatment. If located in public maintenance areas, the __/__ __ design shall be coordinated with the Engineering Division. 12. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 13. Landscaping and irrigation shall be designed to conserve water through the principles of /__ Xeriscape as defined in Chapter 19,16 of the Rancho Cucamonga Municipal Code. SC-11-01 5 3~/ Project No. DA01-02 Comoletion Date 14. On projects which abut the 1-15 Freeway, the developer shall provide landscaping within the freeway right-of-way along the boundary of this project. The landscape and irrigation plans shall be prepared in conformance with Caltrans and City Standards through the City of Rancho Cucamonga. Plans shall be reviewed and approved by the City Planner and City Engineer. Landscape and irrigation shall be installed prior to the release of occupancy of the project. If final approvals and/or installation are not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way. H. Signs 1. Directory monument sign(s) shall be provided for apartment, condominium, or town homes pdor i to occupancy and shall require separate application and approval by the Planning Division prior to issuance of building permits. I. Environmental 1. A final acoustical report shall be submitted for City Planner review and approval prior to the issuance of building permits. The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and if appropriate, verify the adequacy of the mitigation measures. The building plans will be checked for conformance with the mitigation measures contained in the final report. 2. Mitigation measures are required for the project. The applicant is responsible for the cost of implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $ 1,000.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 3. In those instances requiring long term monitoring (i.e.).beyond final certificate of occupancy), the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. J. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. General Requirements 1. Submit five complete sets of plans including the following: a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; Project No. DA01-02 COmDletior) Date d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g.Planning Division Project Number (i.e., TI' #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. Architect's/Engineer's stamp and "wet" signature ara required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. 4. Contractors must show proof of State and City licenses and Workers' Compensation coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., DA01-02). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but a~'e not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 4. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and / prior to issuance of building permits. 5.Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. 6.Construct trash enclosure(s) per City Standard (available at the Planning Division's public counter). M. New Structures 1. Provide compliance with the Uniform Building Code for the property line clearances considering / / use, area, and fire-resistiveness. Project NO.. DA01-02 Completion Date 2. Provide compliance with the Uniform Building Code for required occupancy separation(s). 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Plans for food preparation areas shall be approved by County of San Bernardino Environmental Health Services prior to issuance of building permits. 5. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 6. Provide draft stops in attics in line with common walls. 7. Roofing materials shall be Class "A." 8. Exterior walls shall be constructed of the required fire rating in accordance with UBC Table 5-A 9. Openings in exterior walls shall be protected in accordance with UBC Table ,5-A. 10. If the area of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour. 11.Walls and floors separating dwelling units in the same building shall be not less than 1-hour fire-resistive construction. 12. Provide smoke and heat venting in accordance with UBC Section 906. / 13. Provide method of airborne and impact sound transmission control between dwelling units. 14. Upon tenant improvement plan check submittal, additional requirements may be needed. N. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2.A soils report shall be prepared by a qualified engineer licensed by the State of California to perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building permits. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O, Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cress-lot drainage, local feeder trails, etc.) shall be; reserved as shown on the plans and/or tentative map. P~oject No. DA01-02 CornDle§on Date 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from / street centerline): Varies total feet on Foothill Boulevard / Varies total feet on Church Street / Varies. total feet on Day Creek Boulevard / Varies total feet on Victoria Gardens Lane / Varies total feet on Arbor Lane / 65 total feet on Lot D / 3. Corner property line cutoffs shall be dedicated per City Standards. / 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common reads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. 6.Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 7. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 8.Easements for public sidewalks and/or street trees placed outside the public right.of-way shall be dedicated to the City. 9. Additional street right-of-way shall be dedicated along right rum lanes, to provide a minimum of 7 / feet measured from the face of curbs. If curb adjacent sidewalk is used along the right tum lane a parallel street tree maintenance easement shall be provided. 10. The developer shall make a good faith effort to acquire the required off-site property interests / necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer 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 these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Master Plan storm drain and off-site right-of-way. P. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped / / areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, streetlights, and street trees. project No. DA01-02 Comaletion Date 2. Construct the following perimeter street improvements including, but not limited to: __ __/__ Curb& A.C. Side- Drive Street Street Camm Medan Bke _._ Street Name JGutter J Pvmt walk Appr. Lights Trees Trail Island TrailUmer Il FoothilIBoulevard , l lCl Church Street X X X X X X X Day Creek Boulevard X X X X X X X X Victoria Gardens Lane X X X X X X X Arbor Lane X X X X X X Lot D X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and ovedays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. 3. improvement Plans and Consbuction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a construction __/__ permit shall be obtained from the City Engineer's Office in addition to any other permits raquired. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and __ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for futura traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: (1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City ! Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with / adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. __1 __ Project No. DA01-02 Completion Date 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 6.A permit shall be obtained from Caltrans for any work within the following right-of-way: Foothill Boulevard and 1-15 Freeway. Q. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: The medians within the perimeter public streets not constructed with the CFD. 2.Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surfaces. 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 4. AJl required public landscaping and irrigation systems shall be continuously maintained by the / developer until accepted by the City. 5. Parkway landscaping on the following street(s) shall conform to the results of the respective __/__ Beautification Master Plan Day Creek and Foothill Boulevards. R. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the __/ property from adjacent areas. 3. A permit from the San Bemardino County Flood Control District is required for work within its / / right-of-way. 4. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe measured / / from the outer edge of a mature tree trunk. 5. Public storm drain easements shall be graded to convey overflows in the event of a blockage in a __/__/ sump catch basin on the public street. S. Improvement Completion 1. If the required public improvements are not completed pdor to approval of the final pamel map, __/__/ an improvement secudty accompanied by an agreement executed by the Developer and the City will be required for: Parcel Map 15716. Project No. DA01-02 Completion Date T. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, / electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. __/__ 3. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. U. General Requirements and Approvals 1. Pdor to approval of the final map, a deposit shall be posted with the City covedng the estimated / cost of apportioning the assessments under Assessment District TBA among the newly created parcels. 2. Permits shall be obtained from the following agencies for work within their right-of-way: SBCFCD and Caltrans. 3. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all new street lights for the first six months of operation, pdor to final map approval or prior to building permit issuance if no map is involved. 4. Prior to finalization of any development phase, sufficient improvement plans shall be completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0507-B PROJECT #: DA 01-02 PROJECT NAME: Victoria Garden Regional Center DATE: January 17, 2002 PLAN TYPE: Commedcal/Industdal APPLICANT NAME: Forest City OCCUPANCY TYPE: Group M, B, A (Mixed uses) FLOOR AREA ($): TYPE CONSTRUCTION: LOCATION: North of Foothill between Da}, Creek and 1-15 FD REVIEW BY: Steve Locati, Fire Protection Planning Specialist PLANNER: Brent Le Count ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, IF YOU HAVE QUESTIONS REGARDING THE FOLLOWING CONDITIONS: The following comments and conditions represent the minimum standard for Fire District approval of the project as submitted. These conditions are based upon review of the plans submitted. Although we have tried, not all Fire District requirements for the proposed project may be included. Additions to or changes in the project may result in additional or changed Fire District requirements. Please make the necessary changes or corrections prior to resubmitting for review. "Bold" items identified below, as a "Required Note" shall be included as notes on plans resubmitted to the Planning Division to obtain Fire District approval. If your project is approved by the City of Rancho Cucamonga, all other Fire District conditions and comments must be addressed before construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A, Community Facilities Districts 1. Required Note: The project is located within a "Mello-Roos' Community Facilities District for fire protection services. B. Water Plans for Fire Protection 1. Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. 2. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans," 3. Required Note: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, on-site fire hydrants and mains capable of supplying the required fire flow sha~l be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight, 4. Required Note: The required fire flow for this project shall be 4000 gallons per minute at a minimum residual pressure of 20 pounds per square inch, This requirement is made in accordance with Fire Code Appendix Ill-A, as amended. For planning purposes one fire hydrant is required per 1000 gallons of required fire flow. 5. Required Note: The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix Ill-B, as amended, 6. Public fire hydrants located with a 500-foot radius of the proposed may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 7. If the system is private the applicant shall do the following prior to the issuance of the building permit: a. Submit proof that provisions have been made for the annual testing, repair, and maintenance of the system. A copy of the maintenance agreement shall be submitted to the District. b. For developments with multiple owners, they shall establish a reciprocal maintenance agreement, that shall be submitted to the Fire District for acceptance. 8. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. C, Water Availability 1. Required Note: Pdor to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be completed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. D. Automatic Fire Sprinkler Systems 1. Required Note: Conditions set by the Fire District during the Environmental Impact Review to mitigate the impact on public fire protection services require that ALL structures and buildings require the installation of an approved automatic fire sprinkler system. E. Fire Access 1. Required Note: Fire District access roadways shall be provided for every facility, building, or portion of a building constructed when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150-feet from an approved fire district vehicle access. The distance is measured by an approved route around the exterior of the facility or building. 2. Fire District access roadways include public roads, streets, highways, as well as private roads, streets and designated fire lanes. 3. Commercial/Industrial and Multi-family Residential-Required Note: Prior the issuance of any grading permit, whichever occurs first, the applicant shall submit plans and specification for the approval of the Fire Disthct for all Fire District access roadways to within 150 feet of all portions of the exterior of every structure on-site. 4. Roadways and Fire Lanes-Required Note: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all public and/or roads, streets, courts and cul-de-sacs from the Fire District in consultation with the Grading Committee. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus tumarounds shall be cleady marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc.), control gates, boliards, or other modifications in fire lanes or access roadways without pdor wTitten approval of the Fire District, Fire Safety Division. 5. Private Roadways and Fire Lanes-Required Note: The inside turn radius shall be 20 feet. The outside turn radius shall be not less than 50 feet. The minimum radius for cul-de-sacs is 45 feet. The minimum unobstructed width for a Fire District access roadway or fire lane is 26 feet. The minimum vertical clearance is 14 feet, 6 inches. At any entry median the minimum width of traffic lanes shall be 20 feet. 6. Dead-end Fire District Access Roadways-Required Note: Dead-end Fire District access roadways in excess of 150-feet shall be provided with approved provisions for the turning around of fire apparatus. This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District. 7. Required Note: All portions of the facility or any portion of the extedor wall of the first story shall be located within 150 feet of Fire District vehicle access, measured by an unobstructed approved reute around the extedor of the building. Landscaped areas, unpaved changes in elevation, gates and fences are an obstruction. 8. Approved access walk'ways shall be provided flora the fire apparatus access road to extedor building openings. 9. Required Note: Ail buildings that have three or more sE)des, or are 30 feet in height shall be provided with fire apparatus access on at least two sides. Access to extedor walls shall extend from 5 to 50 feet horizontally, with no vertical obstructions. 10. Knox Rapid Entry System: A Knox rapid entry key vault shall be installed pdor to final inspection. Proof of purchase shall be submitted pdor to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 11. Required Note: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire vehicles. 12. A building or site directory shall be required, as noted below: Lighted directory within 20 feet of main entrance(s) to the site. Standard directory in building lobby. Other: 13. Required Note: Emergency access, a minimum 26 feet in width and 14 feet, 6 inches in height shall be provided and maintained flea and clear of any obstructions at all times dudng construction, in accordance with Fire District Standards. 14. Pdor to the issuance of a building permit, the applicant shall submit plans and obtain approval fTom the Fire District for fire lanes on required Fire District access roadway less than 40 feet in width. When Fire Lanes are required by the Fire District the plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection Dis~ct at (909) 477-2770 for a copy of the "FD Access - Fire Lanes" standard. 15. New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated dudng periods of darkness. When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. 16~ In multi-unit complexes approved address numbers, and/or building identification letters shall be provided on the front and back of all units, suites, or buildings. The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga. F. Combustible Construction Letter 1. Required Note: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-sita. The roadway shall be maintained at all times. (~. Architectural Building Plans 1. Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire District. Call the Fire Construction Services Unit at (909) 477-2713 for any required notes to be placed on the plans pdor to submittal. H. Fire District Service Fees* 1. The following fees may be applicable to this project and are being identified at this time to assist the applicant in planning for future costa. Other comments in this letter identify fire protection features or other required installations subject to approval by the Fire District. The fees for these additional plan reviews are to be paid at the time plans submitted. When the required plans are submitted the following fees will be assessed by the Fire Safety Division: ** $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $66 Fire District Access Review (Includes Fire Lane Plans) $132 Minor Development Review Fee (MDR) (Remodel/Tenant Improvement) $132 Conditional Use Permit Fee (CUP) $132 for Water Plan Review for Public Fire Protection $132 for Private Fire Mains or Fire Sprinkler Underground Water Supply $877 (per new building) for New Commercial and Industrial Development ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. * Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. 2. The following service fees are due to the Fire District and payable at this time: $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $132 Fire District Review of Tract or Parcel Maps other than Single-family Residential Tract $214 - Total due at this time. Remit payment by check made payable to the "Rancho CucamonRa Fire District." ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. I. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon approved use(s): a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. b. Operate a place of public assembly. c. To install any access control device, system, or any material under, upon or within the required fire district access roadway. This includes any gate, barrier, traffic-calming device, speed bump, speed hump or any device that delays or slows Fire District response. d. ILiigh piled combustible storage. e. Candles and open flame in public assembly. J. Plan Submittal Required Notice 1. Plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. K. Other Fire District Requirements or Comments 1. NOTE: Compliance with Fire District mitigation measures identified in Environmental Impact Report. Fire District Conditions of Approval- Template SL 10/24/01 Revision RESOLUTION NO. 02-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF VICTORIA COMMUNITY PLAN AMENDMENT 01-01 CHANGING THE LAND USE DESIGNATION FROM REGIONAL CENTER TO MIXED USE AND MODIFYING VARIOUS TEXT AND GRAPHICS IN THE COMMUNITY PLAN TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS THE VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. Forest City Development California, Inc., filed an application for Victoria Community Plan Amendment 01-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Victoda Community Amendment is referred to as "the application." 2. On January 9, and continued to January 23, 2002, the Planning Commission conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. 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 January 9, and January 23, 2002, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to approximately 175 acres of land, generally bounded by future Church Street to the north, the 1-15 Freeway to the east, Foothill Boulevard to the south, and future Day Creek Boulevard to the west, and is presently undeveloped. Said property is currently designated as Regional Related Commercial; and b. The property to the north of the subject site is designated Mixed Use, and is partially developed with a winery, undeveloped land, which is approved for single-family residential development within the Amedcan Beauty project. The property to the west is designated Regional Related Commercial/Office and Utility Corridor, and is undeveloped. The 1-15 Freeway lies immediately to the east with the land further east designated Low-Medium Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related Commercial, and is undeveloped. Foothill Boulevard lies to the south with vacant property further south designated Regional Related Office/Commercial. PLANNING COMMISSION RESOLUTION NO. 02-21 VCPA 01-01- FOREST CITY DEVELOPMENTCALIFORNIA, INC. Janua~j 23,2002 Page 2 c. The applicant contemplates changing the subject site to Mixed Use as shown and attached hereto as Exhibit "A," and modify vadous text and graphics of the Victoda Community Plan as shown as shown as Exhibit "D" in the staff report. d. 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. The General Plan designates the property as Mixed Use; and e. This amendment promotes the goals and objectives of the Land Use Element; and f. 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; and b. That the proposed amendment would not have significant impacts on the environment nor the sun'ounding properties; and c. That the proposed amendment is in conformance with the General Plan. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends approval of Victoria Community Amendment 01-01, changing the land use as shown in Exhibit "A," various text and graphics changes to the Victoria Community Plan as shown in Exhibit "D" in the staff report. 5. The Secreta~ to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNIN~ISSION OF THE CITY OF ,RANCHO CUCAMONGA ~ T. ~Jel,)Chairman PLANNING COMMISSION RESOLUTION NO. 02-21 VCPA 01-01 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 3 I, Bred 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 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY RESOLUTION NO. 02-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE PARCEL MAP 15716, A REQUEST TO SUBDIVIDE 175 ACRES OF LAND INTO 97 PARCELS AND 39 LETTERED LOTS (PRIVATE AND PUBLIC STREETS) TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS THE VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST AND MAKING FINDINGS IN SUPPORT THEREOF. APN: 227-161-35, 36 AND 38; 227-171-22 AND 23; 227-201-30, 33, 35, AND 36; AND 227-211-24 AND 39 THRU 43. A. Recitals. 1. Forest City Development California Inc. filed an application for the approval of Tentative Parcel Map 15716 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. AIl 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 meeting on January 9, and January 23, 2002, including written and oral staff reports, this Commission hereby specifically finds as follows: a. The application applies to property generally bounded by future Church Street to the north, future Victoria Gardens Lane and the 1-15 Freeway to the east, Foothill Boulevard to the south, and futura Day Creek Boulevard to the west; the site is presently vacant, unimproved land. b. The property to the north of the subject site consists of vacant land planned for single-family residential development within the American Beauty Development within the Mixed Use district; Foothill Boulevard lies immediately to the south with the property to the south across Foothill Boulevard consisting of vacant, unimproved property with a Regionally Related Office/Commercial designation; the property to the east is vacant to be designated Mixed Use per the related Victoria Community Plan Amendment 01-01 and the 1-15 Freeway; and the property to the west consists of the vacant land and existing single-family residential development commonly referred to as the Rochester Tract with a Mixed Use and Low-Medium Density residential designation. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 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 1 and 2 above, this Commission hereby finds and concludes as follows: a. That the Tentative Parcel Map is consistent with the Victoria Community Plan and the General Plan. b. That no improvements are proposed with this subdivision, which is intended for financing and conveyance purposes only. c. That the site is physically suitable for the proposed future development. d. That the proposed subdivision will not cause substantial environmental damage or public health problems or have adverse effects on abutting properties. 4. Based upon the facts and information contained in the "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028," together with all written and oral reports, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment beyond those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. a. That the "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028," has been prepared in compliance with the Califomia Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Environmental Impact Report prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Environmental Impact Report with regard to the application. b. The "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028," identifies that all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project with the exception of those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. 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 "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028" for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the "Final Environmental Impact Report for Victoria Gardens SCH No: 2001031028," 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-l-d) of Title 14 of the California Code of Regulations and recommends that the City Council adopt a Statement of Overriding Considerations relative to significant unavoidable impacts related to air quality and traffic. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and the standard conditions attached incorporated hereto by this reference. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST ClTY DEVELOPMENT CALIFORNIA, INC. Janua~ 23,2002 Page 3 Plannin,q Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the altemative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2) This Tentative Parcel Map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within three years from the date of the approval. 3) All Conditions of Approval contained in Development Agreement 01-02 shall apply. 4) The approval of Tentative Parcel Map 15716 shall be contingent upon, and shall not be effective until, the Ordinance approving Development Agreement 01-02 is effective. 5) The future building to be located on Parcel 68 shall comply with the building, parking, and average landscape setbacks per the Development Code. 6) All environmental mitigation measures per the approved Mitigation Monitoring Program, shall apply. 7) All interior streets, ddve aisles, and pedestrian pathways shall comply with the applicable provisions of the Americans with Disabilities Act to the satisfaction of the City Planner, City Engineer, and City Building Official. En.qineerino Division: THE ENGINEERING SPECIAL CONDITIONS SHALL TAKE PRECEDENCE OVER ENGINEERING STANDARD CONDITIONS 1) Foothill Boulevard at 1-15 Freeway on/off ramps: a) Provide a southbound off-ramp free right-turn only lane with a "pork-chop" channelization island. b)Construct a free right-turn lane for eastbound Foothill Boulevard to southbound 1-15 Freeway. c) Modify traffic signal, as required. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 4 2) Foothill Boulevard at Day Creek Boulevard: a) Provide a westbound free right-turn lane. b) Provide two westbound left-tum lanes 200 feet in length with a 120-foot taper. c) Provide two eastbound left-turn lanes 420 feet in length with a 120-foot taper. d) Provide a southbound free right-turn lane 200 feet in length with a 120-foot taper. e) Provide northbound and southbound bus bays on Day Creek Boulevard. f) Provide eastbound and westbound bus bays on Foothill Boulevard. g) Provide three southbound left-turn lanes, one southbound through, and one southbound free right-turn lane. h) Provide an 8-foot wide median to serve as a pedestrian refuge on the north leg of this intersection subject to City Engineer approval. 3) Foothill Boulevard between 1-15 Freeway and Day Creek Boulevard: a) To be improved to the City's and Caltrans "Major Divided Highway" standards (Typical mid-block section curb-to-curb = 20x12x12x 14 x14 x14 x12 x12 x 20 feet, exceptat intersections). b) Provide curb, gutter, and sidewalk, as required. c) Provided raised landscaped medians. d) Median openings will not be allowed between Day Creek Boulevard and 1-15 Freeway. e) Provide 16,000 lumen HPSV streetlights, as required. f) · Provide R26(s) "No Stopping Any Time" signs, as required. g) Provide signing and striping, as required. h) Foothill Boulevard, west of Day Creek Boulevard, shall be constructed full width and transitioned to join existing subject to City Engineer Approval. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENTCALIFORNIA, INC. Janua~ 23,2002 Page 5 4) Day Creek Blvd at Victoria Gardens Lane: a) Provide a northbound free right-turn lane. b) Provide a northbound left-turn lane 200 feet in length with a 90-foot taper. c) Provide a southbound left-turn lane 300 feet in length with a 90-foot taper. d) Provide two westbound left-turn lanes 320 feet in length with a 120-foot taper, one left and through shared lane, and a separate right-turn lane. The taper for the westbound right-turn only lane shall begin at the ECR of Private Drive "A." e) Provide a traffic signal. 5) Day Creek Boulevard at Church Street: a) Provide a northbound left-turn lane, three through lanes, and one separate right-rum lane. b) Provide a northbound left-turn lane 350 feet in length with a 120-foot taper. c) Provide a northbound right-turn lane 200 feet in length with a 60-foot taper. d) Coordinate with the American Beauty project so that striping will line up across this intersection. e) Provide a traffic signal. 6) Day Creek Boulevard at Private Drive "L" (North Main): a) Provide two southbound left-turn lanes 375 feet in length with a 120-foot taper. b) Provide a northbound left-turn pocket 250 feet in length with a 90-foot taper. c) Provide for northbound and southbound bus bays. d) Provide a traffic signal. 7) Day Creek Boulevard at Pdvate Drive '~" (South Main): a) Provide a southbound left-turn pocket 275 feet in length with a 120-foot taper. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 6 b) No northbound left tums or eastbound left tums will be permitted. c) No eastbound or westbound through traffic will be permitted. d) Provide a traffic signal. 8) Day Creek Boulevard between Foothill Boulevard and Church Street: a) To be improved to the City's "Major Divided Arterial" standards. (Typical mid-bloc~ section curb = curb 16 x 11 x 13 x 14 x 13 x 11 x 16 feet, except at intersections) b) Provide curb, gutter, and sidewalk, as required. c) Provide raised landscaped medians. Median openings will only be allowed at signalized intersections. d) Provide bike lanes on Day Creek Boulevard. e) Provide streetlights, as required. (residential, 9500 and commercial 16,000 lumen HPSV) f) Provides R26(s) "No Stopping Any Time" signs, as required. g) Provide signing and striping, as required. 9) Church Street at Victoria Gardens Lane: a) Provide an eastbound left-turn lane 200 feet in length with a 90-foot taper. b) Provide a separate eastbound right-tum only lane 200 feet in length with a 60-foot taper. c) Provide two westbound left-turn lanes 250 feet in length with a 120-foot taper. d) Provide one northbound left-turn lane, one through lane and separate right-turn lane. e) Provide a northbound left-turn lane 300 feet in length with a 120-foot taper. f) Provide a traffic signal with northbound right-turn overlap phasing. g) Provide a continuous raised median island 4 feet in width on Victoria Gardens Lane from Church Street to Private Ddve "L" (North Main). The curb-to-curb width of the street shall be 68 feet. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 7 10) Church Street at "unnamed street" east of Victoria Gardens Lane: a) Provide a driveway for the future development located on the southeast comer of Church Street and Victoria Gardens Lane. This driveway shall align with "unnamed street." b) Provide westbound left-tum lane 200 feet in length with a 90-foot taper. 11) Church Street between Victoria Gardens Lane and Etiwanda Avenue: a) To be improved to the City's "Modified Major Arterial" standards (Typical mid-block section curb to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). Modifications to the existing 1-15 Freeway support system may be required. b) Provide curb, gutter, and sidewalk, as required. c) Provide a raised median on Church Street, between Victoria Park Land and Etiwanda Avenue. d) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). e) Provides R26(s) "No Stopping Any Time" signs, as required. f) Provide signing and striping, as required. g) Provide bike lanes on Church Street. 12) Church Street between Victoria Gardens Lane and Day Creek Channel: a) To be improved to the City's "Modified Secondary Arterial" standards. (Typical mid-block section curb to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). b) Provide curb, guffer, and sidewalk, as required. c) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). d) Provides R26(s) "No Stopping Any Time" signs, as required. e) Provide signing and striping, as required. f) Provide bike lanes on Church Street. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23, 2002 Page 8 13) Victoda Garden Lane at Private Drive "L" (North Main): a) Provide a northbound left-turn lane 300 feet in length with a 120-foot taper. b) Provide a southbound left-turn lane 200 feet in length with a 120-foot taper. c) Provide a continuous raised median island 4 feet in width from Private Drive "L" (North Main) to 300 feet south of Private Drive "L" (North Main). The curb-to-curb width of the street shall be 68 feet. d) Provide a traffic signal. 14) Victoria Gardens Lane at Private Drive "11": a)Provide an eastbound left-turn lane 300 feet in length with a 120-foot taper. .b) Provide a traffic signal. 15) Victoria Gardens Lane at Private Drive "J J": a) Provide an eastbound left-turn lane 260 feet in length with a 90-foot taper. b) Provide a westbound left-turn lane 200 feet in length with a 90-foot taper. c)Provide a raised median island 340 feet in length east of Private Drive "JJ." d) Provide a traffic signal. 16) Victoria Gardens Lane between Church Street and Day Creek Boulevard: a) To be improved to the City's "Modified Major Arterial" standards. (Typical mid-block section curb to curb = 64 feet (16 x 11 x 10x 11 x 16 feet), or 68 feet where a raised median island is required. b) Provide curb, gutter, and sidewalk, as required. c) Provide streetlights, as required (residential 9500 and commercial 16,000 lumen HPSV). d) Provides R26(s) "No Stopping Any Time" signs, as required. e) Provide signing and striping, as required. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST ClTY DEVELOPMENT CALIFORNIA, INC. Janua~ 23,2002 Page 9 f) Provide for bike lanes. 17) Lot "B" (Arbor Lane) at Church Street: a) Provide eastbound and westbound left-tum lanes 200 feet in length with a 90-foot taper. b) The north/south through lanes must align and be coordinate with the American Beauty Project. c) Provide two northbound left-turn lanes 100 feet in length with a 120-foot taper. d) Provide for bike lanes. e) The first 50 feet of lane lines and curb south of Church Street shall be parallel to the centedine. f)Use a 20:1 taper for lanes and curb on Arbor Way from Church Street to Lot 'D' beyond the first 50 feet. g) Alternate improvement standards to those listed above, (16a through 160, may be considered subject to satisfaction of the City Engineer. 18) Foothill Boulevard, Day Creek Boulevard, Church Street, Lot MM, Lot KK, Lot D from Day Creek Boulevard to Arbor Lane (Lot B), Lot B and Victoria Gardens Lane shall be public streets. All other internal lettered lots shall be considered to be private drive aisles. 19) Lot D from Day Creek Boulevard to Arbor Lane (Lot B) and Lot B shall be maintained by the Developer through a maintenance agreement approved by the City Engineer. 20) The developer shall make a fair share contribution for mitigation of Traffic impacts outside the jurisdiction of the City in the following amounts prior to recordation of map: a) Etiwanda Avenue at Slover Avenue - $10,700. b) Cherry Avenue at Base Line Road - $29,400. c) Cherry Avenue at Foothill Boulevard - $52,500. d) Foothill Boulevard at Etiwanda Avenue - $67,720. e) Etiwanda Avenue at San Bemardino Avenue - $10,344. 21) Traffic signals within the vicinity of this project shall be interconnected. Interconnect shall be provided to future signals. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENTCALIFORNIA, INC. Janua~ 23,2002 Page 10 . 22) Provide an on-street master controller and telephone drop. 23) Provide traffic signal coordination timing for the moming and night peak periods using the Synchro and Sim traffic software program. Traffic model data shall be provided to the City on 3.5 diskettes. 24) The City "Driveway Policy" shall be in accordance with the approved Master Plan on Victoria Gardens Lane. 25) Bus bays shall be provided at the following locations: northbound and southbound on Day Creek Boulevard at Foothill Boulevard, Church Street, and North Main Street. 26) Bus Bays shall be provided eastbound and westbound on Foothill Boulevard at Day Creek Boulevard. 27) A Fire Department access circular plan shall be approved by the Fire Department. 28) All crosswalks at intersections need to be setback at least 1-foot from traveled way. This is to prevent pedestrians from being hit by parallel through traffic. 29) Reciprocal access for ingress and egress is required for all parcels not having access to a public street. 30) Intemal private drive aisles: a) Provide curb, gutter, sidewalk and driveways, as required. b) Provide signing and striping, as required. c) Driveways into parking lots shall be a minimum of 100 feet from intersections. d) Only one mid-block pedestrian crossing will be permitted between street intersections. 31) The developer shall install landscaping to Caltrans standard on the west side of the 1-15 Freeway from westerly of the southbound off-ramp at Foothill Boulevard to Etiwanda Avenue, which will be maintained by Caltrans. In the event that Caltrans does not accept the landscaping for maintenance, the developer shall provide for maintenance for a 20- year period as approved by the City Engineer. 32) Staff attempted to address all streets and intersections. If any were overlooked, then those missed shall be designed with the general intent of the other locations around the mall. PLANNING COMMISSION RESOLUTION NO. 02-22 TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. January 23,2002 Page 11 33) The CFD is constructing a large portion of the off-site facilities. Any off-site requirement not constructed with the CFD is subject to developer-to-developer reimbursement. Submit for reimbursement agreement within six months of acceptance by City or all Hghts to reimbursements are void. 34) Special medians, such as Foothill Boulevard median, will require electrical power to facilitate community programming slated for the median/street. 35) LMD areas shall have a maximum of 3:1 slopes with maximum retaining wall of 30 inches, except the east side of Day Creek Boulevard shall have maximum slope of 4:1. Top of slope and toe of slope shall have a minimum 1-foot fiat area to pedestrian walkways, 2-foot fiat area at top of slope for larger slopes, per City standard. 36) Parkways shall be 2 percent from the top of the curb to the back of the walk. 37) All utilities off-site and on-site shall be handled according to the underground utility policy. Utilities on the opposite sides of the streets fronting the project shall have fees paid in accordance with the policy. Utilities on the project side of the street fronting the project shall be undergrounded in accordance with the policy. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 23RD DAY OF JANUARY 2002. PLANNING COM~,~SSION OF THE CITY OF RANCHO CUCAMONGA I, Bred Bullet, 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 Cucemonga, at a regular meeting of the Planning Commission held on the 23rd day of January 2002, by the following vote-to-wit: AYES: COMMISSIONERS: IvlACZAS, t, IANNER[N0, HCN]'EL, STENART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: VICTORIA GARDENS REGIONAL CENTER SUBJECT: TENTATIVE PARCEL MAP 15716 APPLICANT: FOREST CITY DEVELOPMENT CALIFORNIA, INC. LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND 1-15 FREEWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, / its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval, The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2.Approval of Tentative Parcel Map. No. 15716 is granted subject to the approval of DA01-02 and VCPA01-01. 3. A copy of the signed Resolution of Approval and all Standard Conditions, shall be included in legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B, Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C, Site Development 1. The site shall be developed and maintained in accordance with the approved Victoria / Gardens Master Plan on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Victoria Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all / Conditions of Approval shall be completed to the satisfaction of the City Planner. Project No. TPM15716 ComPletion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code __/____ and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development / Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance beyond the associated amendments to the Victoria Community Plan and the Development Agreement 01-02. 6. All ground-mounted utility appurtenances such as transformem, AC condensem, etc., shall / be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformem shall be placed in underground vaults. 7. Street names shall be submitted for City Planner review and approval in accordance with the / adopted Street Naming Policy prior to approval of the final map. 8. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Parcel Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements, 9. Ail parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, homeownem' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved pdor to the issuance of building permits. 10. The developer shall submit a construction access plan and schedule for the development of __ all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, houm of construction activity, dust control measures, and security fencing. 11. For multiple family development, a minimum of 125 cubic feet of exterior Iockable storage __ space shall be provided. 12. Where reck cobble is used, it shall be real river rock. Other stone veneers may be __ manufactured products. D. Shopping Centers 1. The Master Plan is approved. Future development for (each building pad/parcel) shall be subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the City Planner: a. Architecturally integrated into the design of (the shopping center/the project). b.Separate pedestrian access that does not require the opening of the main doom and to include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. Project No. TPM15716 Com~)letion Date d. Roll-up doors. / / e. Trash bins with counter-weighted lids. / / f. Architecturally treated overhead shade trellis. / / g. Chain link screen on top to prevent trash from blowing out of the enclosure and designed to be hidden from view. 3. Graffiti shall be removed within 72 hours. / / 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash ! ! and debris remain for more than 24 hours. 5. Signs shall be conveniently posted for "no overnight parking" and for "employee parking only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commercial activities shall not create any noise that would exceed an __/ ! exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, __/ / closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza. / They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. 8. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall be included in the landscape and irrigation plans to be submitted for Planning Division approval prior to the issuance of building permits. 9.The lighting fixture design shall compliment the architectural program. It shall include the plaza area lighting fixtures, building lighting fixtures (exterior), and parking 10t lighting fixtures. 10. Any outdoor vending machines shall be recessed into the building faces and shall not extend into the pedestrian walkways. The design details shall be reviewed and approved by the City Planner prior to the issuance of building permits. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. Ail parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall / contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be / provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. 4. Ail parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. Project No. TPM15716 Completion Date 5. Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate tum- around space in front of the gate and a separate visitor lane with cell box to avoid cers stacking into the public right-of-way. 6. Handicep accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicepped. 7. Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 8. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential projects or more than 10 units. Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no cese shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 9. Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. If covered, the verticel clearance shall be no less than 9 feet. F. Trip Reduction 1. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and single-family developments of 500 or more units. 2. Shower facility accessible to both men and women shall be provided for persons walking or ! ! bicycling to work for each project which meets the following thresholds: Commercial 250,000 square feet Industrial 325,000 square feet Office 125,000 square feet Hotels and Motels 250 rooms G. Landscaping I. A detailed landscepe and irrigation plan, including slope planting shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 30% within commercial and office projects, shall be specimen size trees - 24- inch box or larger. 3.Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. Project No. TPM15716 Completion Date 5. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or __/____ greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible ! for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. Special landscape features such as mounding, alluvial rock, specimen size trees / meandering sidewalks (with horizontal change), and intensified landscaping, is required along all public street frontages. 9. Landscaping and irrigation systems required to be installed within the public right-of-way on the perimeter of this project area shall be continuously maintained by the developer. 10. Ail walls shall be provided with decorative treatment. If located in public maintenance areas the design shall be coordinated with the Engineering Division. 11. Tree maintenance criteria shall be developed and submitted for City Planner review and approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. 13. On projects which abut the 1-15 Freeway, the developer shall provide landscaping within the freeway right-of-way along the boundary of this project. The landscape and irrigation plans shall be prepared in conformance with Caltrans and City Standards through the City of Rancho Cucamonga. Plans shall be reviewed and approved by the City Planner and City Engineer. Landscape and irrigation shall be installed prior to the release of occupancy of the project. If final approvals and/or installation are not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way. H. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of __ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $1,000 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 2. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), __ __/__ the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. Project No. TPM1571S Completion Date I. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and / / location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Requirements 1. Submit five complete sets of plans including the following: __/__/__ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils / report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. / 4. Contractors must show proof of State and City licenses and Workers' Compensation / coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Building and Safety Division. K. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., TPM15716). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contac~ the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Pdor to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development Pro, ct No. TPM15716 Coml)lefion Date Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 4. Street addresses shall be provided by the Building Official, after trectJparcel map recordation __1__1 and pdor to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday __/ ! through Saturday, with no construction on Sunday or holidays. 6. Construct trash enclosure(s) per City Standard (available at the Planning Division's public __/ / counter). L. Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City __/ / Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / / perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building / permits. 4. A separate grading plan check submittal is required for all new construction projects and for / / existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M, Dedication and Vehicular Access - 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centedine): Varies total feet on Foothill Boulevard. Vades total feet on Church Street. Varies total feet on Day Creek Boulevard. Vades total feet on Victoria Gardens Lane. Varies total feet on Arbor Lane 65 total feet on Lot D 3. Comer property line cutoffs shall be dedicated per City Standards. 4. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. Project No. TPM15716 Completion Date 6. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 7. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 8. Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City. 9. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 10. The developer shall make a good faith effort to acquire the required off-site property interests necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Cede Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer 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 these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Master Plan Storm Drain and off-site right-of-way. N, Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Construct the following perimeter street improvements including, but not limited to: & Ac. I sid.- I D,vo I I I co,.= I M ,a. I eiko I o,h Church Street X X X X X X X Day Creek Boulevard X X X X X X X X Victoria Gardens Lane X X X X X X X Arbor Lane X X X X X X Lot D X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3.Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. Project No. TPM15716 Completion Date b. Prior to any work being performed in public right.-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: (1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2)Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City roads requiring construction shall remain open to traffic at all times with / adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cast of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / / installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan / / check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in __/ / accordance with the City's street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with / / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. 6. A permit shall be obtained from Caltrens for any work within the following right-of-way: / Foothill Boulevard and 1-15 Freeway. O. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: the medians within the perimeter public streets not constructed with the C.F.D. 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared cobble or other acceptable non-irrigated surfaces. 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 4. All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. Project No. TPM15716 Completion Date 5. Parkway landscaping on the following street(s) shall conform to the results of the respective / /__ Beautification Master Plan Day Creek and Foothill Boulevards. P. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final / / map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of surface drainage entering / / the property from adjacent areas. 3. A permit from the San Bernardino County Flood Control District is required for work within its / / right-of-way. 4. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe ! '/ measured from the outer edge of a mature tree trunk. 5. Public storm drain easements shall be graded to convey overflows in the event of a blockage __/__ __ in a sump catch basin on the public street. Q. Improvement Completion 1. If the required public improvements are not completed pdor to approval of the final parcel __/____ map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Parcel Map 15716. R. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, / gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility ! Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the __/____ Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. S. General Requirements and Approvals 1. Prior to approval of the final map, a deposit shall be posted with the City covering the ! estimated cost of apportioning the assessments under Assessment District TEA among the newly created parcels. 2. Permits shall be obtained from the following agencies for work within their right-of-way: / SBCFCD and Caltrans. 3. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for / all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 4. Prior to finalization of any development phase, sufficient improvement plans shall be / completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. 3?' ,7 Project No. TPM15716 Comoletion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-11-01 11 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0507-B PROJECT #: TPM 15716 PROJECT NAME: Victoria Garden Regional Center DATE: January 17, 2002 PLAN TYPE: Commerical/Industfial APPLICANT NAME: Forest City OCCUPANCY TYPE: Group M, B, A (Mixed uses) FLOOR AREA (S): TYPE CONSTRUCTION: LOCATION: North of Foothill between Day Creek and 1-15 FD REVIEW BY: Steve/ocati, Fire Protection Planning Specialist PLANNER: Brent Le Count ALL OF THE FOLLOWING CONDITIONS APPLY.TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, IF YOU HAVE QUESTIONS REGARDING THE FOLLOWING CONDITIONS: The following comments and conditions represent the minimum standard for Fire District approval of the project as submitted. These conditions are based upon review of the plans submitted. Although we have tried, not all Fire District requirements for the proposed project may be included. Additions to or changes in the project may result in additional or changed Fire District requirements. Please make the necessary changes or corrections prior to resubmitting for review. "Bold" items identified below, as a "Required Note" shall be included as notes on plans resubmitted to the Planning Division to obtain Fire District approval, If your project is approved by the City of Rancho Cucamonga, all other Fire District conditions and comments must be addressed before construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Community Facilities Districts 1. Required Note: The project is located within a "Mello-Roos" Community Facilities District for fire protection services. B. Water Plans for Fire Protection 1. Pdor to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. 2. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans." 3. Required Note: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. 4. Required Note: The required fire flow for this project shall be 4000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended. For planning purposes one fire hydrant is required per 1000 gallons of required fire flow. 5. Required Note: The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix Ill-B, as amended. 6. Public fire hydrants located with a 500-feet radius of the proposed may be used to provide the required fire flow subject to Fire District review and approval. Private fire hydrants on adjacent property shall not be used to provide required fire flow. 7. If the system is private the applicant shall do the following prior to the issuance of the building permit: a. Submit proof that provisions have been made for the annual testing, repair, and maintenance of the system. A copy of the maintenance agreement shall be submitted to the District. b. For developments with multiple owners, they shall establish a reciprocal maintenance agreement, that shall be submitted to the Fire District for acceptance. 8. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On pdvate properly these markers arc to be maintained in good condition by the property owner. C, Water Availability 1. Required Note: Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Rancho Cucarnonga Fire Protection District Water Availability for Fire Protection Form shall be completed by the Water District and submitted for approval by the Rancho Cucamonga Fire Protection District. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. D. Automatic Fire Sprinkler Systems 1. Required Note: Conditions set by the Fire District during the Environmental Impact Review to mitigate the impact on public fire protection services require that ALL structures and buildings require the installation of an approved automatic fire sprinkler system. E. Fire Access 1. Required Note: Fire District access roadways shall be provided for every facility, building, or portion of a building constructed when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150-feet from an approved fire district vehicle access. The distance is measured by an approved route around the exterior of the facility or building. 2. Fire District access roadways include public roads, streets, highways, as well as private reads, streets and designated fire lanes. 3. Commercial/Industrial and Multi-family Residential-Required Note: Prior the issuance of any grading permit, whichever occurs first, the applicant shall submit plans and specification for the approval of the Fire District for all Fire District access roadways to within 150 feet of all portions of the exterior of every structure on-site. 4. Roadways and Fire Lanes-Required Note: Pdor to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all public and/or roads, sb'eets, courts and cul-de-sacs from the Fire District in consultation with the Grading Committee. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus tumarounds shall be cleady marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc.), control gates, bollards, or other modifications in fire lanes or access roadways without prior written approval of the Fire District, Fire Safety Division. 5. Private Roadways and Fire Lanes-Required Note: The inside turn radius shall be 20 feet. The outside turn radius shall be not less than 50 feet. The minimum radius for cul-de-sacs is 45 feet. The minimum unobstructed width for a Fire Distdct access roadway or fire lane is 26 feet. The minimum vertical clearance is 14 feet, 6 inches. At any entry median the minimum width of traffic lanes shall be 20 feet. 6. Dead.end Fire District Access Roadways-Required Note: Deed-end Fire District access roadways in excess of '150-feet shall be provided with approved provisions for the turning around of fire apparatus. This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District. 7. Required Note: All portions of the facility or any podion of the exterior wall of the first story shall be located within 150feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates and fences are an obstruction. 8. Approved access walkways shall be provided from the fire apparatus access road to extedor building openings. 9. Required Note: All buildings that have three or more stories, or are 30 feet in height shall be provided with fire apparatus access on at least two sides. Access to exterior walls shall extend from 5 to 50 feet horizontally, with no vertical obstructions. 10. Knox Rapid Entry System: A Knox rapid entry key vault shall be installed pdor to final inspection. Proof of purchase shall be submitted pdor to final building plan approval. Contact the Fire Safety Division for specific details and ordering information. 11. Required Note: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire vehicles. 12. A building or site directory shall be required, as noted below: Lighted directory within 20 feet of main entrance(s) to the site. Standard directory in building lobby. Other: 13. Required Note: Emergency access, a minimum 26 feet in width and 14 feet, 6 inches in height shall be provided and maintained free and clear of any obstructions at all times during construction, in accordance with Fire District Standards. 14. Pdor to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire District for fire lanes on required Fire Distdct access roadway less than 40 feet in width. When Fire Lanes are required by the Fire District the plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the "FD Access - Fire Lanes" standard. 15. New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated dudng periods of darkness. When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. 16. In multi-unit complexes approved address numbers, and/or building identification letters shall be provided on the front and back of all units, suites, or buildings. The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga. F. Combustible Construction Letter 1. Required Note: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times. (~. Architectural Building Plans 1. Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire District. Call the Fire Construction Services Unit at (909) 477-2713 for any required notes to be placed on the plans prior to submittal. H. Fire District Service Fees* 1. The following fees may be applicable to this project and are being identified at this time to assist the applicant in planning for future costs. Other comments in this letter identify fire protection features or other required installations subject to approval by the Fire District. The fees for these additional plan reviews are to be paid at the time plans submitted. When the required plans are submitted the following fees will be assessed by the Fire Safety Division: ** $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $66 Fire District Access Review (Includes Fire Lane Plans) $132 Minor Development Review Fee (MDR) (Remodel/Tenant Improvement) $132 Conditional Use Permit Fee (CUP) $132 for Water Plan Review for Public Fire Protection $132 for Private Fire. Mains or Fire Sprinkler Underground Water Supply $677 (per new building) for New Commemial and Industrial Development ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. * Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. 2. The following service fees are due to the Fire District and payable at this time: $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $132 Fire District Review of Tract or Parcel Maps other than Single-family Residential Tract $2'14 - Total due at this time. Remit payment by check made payable to the "Rancho Cucamon.qa Fire District." ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Fire Consb'uction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. I. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon approved use(s): a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. b. Operate a place of public assembly. c. To install any access control device, system, or any material under, upon or within the required fire district access roadway. This includes any gate, barrier, traffic-calming device, speed bump, speed hump or any device that delays or slows Fire District response. d. High piled combustible storage. e. Candles and open flame in public assembly. J. Plan Submittal Required Notice 1. Plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. K. Other Fire Distdct Requirements or Comments 1. NOTE: Compliance with Fire District mitigation measures identified in Environmental Impact Report. Fire District Conditions of Approval- Template SL 10/24/01 Revision APPENDIX H MITIGATION MONITORING PLAN This mitigation monitoring plan has been prepared for use in implementing mitigation measures identified in the En 'vn'onmental Impact Report for tha Victoria Gardens project. This program has been prepared in compliance with thc State law to ensure compliance with mitigation measures adopted for the project by the City of Rancho Cucamonga. Assembly Bill 3180 (Public Resources Code, Paragraph 201081.6), effective January 1, 1989, requires adoption ora reporting or monik,, ~,ug program for those conditions of al~oval placed on a project to mitigate or avoid adverse effects on the environment. Thc law states that the monitoring or reporting program shall be designed to ensure compliance during project implementation. The monitoring program contains the following elements: I. Conditions of approval that act as impact mitigation measures are recorded with the action and procedure necessary to ensure compliance. In some instances, one action, such as plan review, may be used to vexify implementation of several conditions of approval. 2. A procedure of compliance and verification has been outlined for each action necessary. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. 3. The program has been designed to be flexible. As monitoring progresses, changes to com- pliance procedures may be necessary based on recommendations by those responsible for the program- If changes are made, new monitoring compliance procedures and records will be developed and incorporated into the program.. C:~Doom~nt~ smd Settings~oogkLo~d S~*t~in~\T~mponuy lr~met Fik~OI~Xiitigati~ Mo~it~ing Plan_v4.DOC (01/220.002) Mitigation Monitoring and Reporting Program Environmental Impact Report - Victoria Gardens 4.1.lA Except where noted below that funding for the improvement has been assured by the City or by the existing Community Facilities District (CFD) 2001-1, the project shall make a fair share contribution m the following improvements (Ye~' 2007): · Day Creek Boulevard/Victoria Gardens Lane - Applicant shall particil~te in the Fonontion of C:t'L~ to C~ty Engineer Addition of a free northbound right mm lane. new Community Facilities be completed prior to Sho~ eastbound green phase will necessitate District (CFD) that will issuance of boilding prohibition of pedestrian ~rossing of Day Creek consiruct this improvement, permit Boulevard on the south leg of this intersection. · Day Creek Boulevard/Foothill Boulevard - Applicant shall I~rticipate in the Fonmtion of CFD to City Engineer Addition of a free westbound right mm lane, n~w Conmmnity Facilities be compl~ed prior which will continue to become the free District (CFI)) that will to issuance of onrthboond right turn lane at Day Creek conatront this improvement, building l~iii,li. Boulevard/Victoria Gardens Lane. Conversion of one northbound left turn lane to a northboond through lane. Addition of a free northbound right turn lane, which will continue to become a dedicated right mm lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition of a third southbound left turn lane. Conversion of southbound shared though/right turn lane to a d~licated southbound right turn lane. Modification of signal phasing to provide right turn overlap phasing for southbound tight turn movement. As an alternative to the overlap phasing, e free (uncontrolled) right mm for this movement would improve overall intersection operations slightly and permit eastbound U-tums, although e LOS calculation will show greater ¢:~m~ asd ~fons'~l..o~l S~tin~\T~l~rar~ Int~-~ Filial J~..B'~lilismio~ Monitors ?ln_v4.DO~ (Oltl.~O02) 1-1-22 signal will need to be operated "aplit pboso" northbound end southbound to allow three southbound lanes to turn left. Coordination of signal timing with Day Creek Boulevard/Victoria C~.ens Lane shall be implemented to provide maximum use of southbound green time. Signal timing must consider pedestrian crossing oftbe east leg oftbe intersection in order to connect a pedestrian trail llom north to south. Short northbound through green phase will require pedes~ians crossing Foothill Boulevard on the east leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eight-foot wide raised median to serve as a pedestrian refuge must be provided in the east leg of the intersection. · Victoria Gardens Lane/Base Line Road - Not applicable. Not applicable. Conversion of planned northbound shared through/right mm lane to a flee right turn lane. Addition of a dadicatiun eastbound right turn lane. This mitigation measure is not imposed on the project, becaase funding and completion of this improvement has been assured by the existing CFD 2001-1 at no cost to the Project. · Victoria Gardens Lane/Church Sweet- Not applicable. Modification of signal phasing to provide right l~ot applicable. turn overlap phasing for northbound right turn movement. Th/s mitigation measure Is not imposed on the project, because funding and completion of this improvement has been assured by the existtng CFD 2001-1 at no cost to the C:~oounents and Settings~n fong'~)cal 5e~ings\Tempon~y Interne~ FileaV~)LK2 EB',Mitigatio~ Monitoring Plaa_v4.DOC (01/22/2002) H-23 · Etiwanda Avenue/Slover Avenue - Addition of a Applicant shall make a fair share Prior to issuance of City Engineer second soathbound left turn lane and a free payment to the City Enginec~ in building permit wemhoond right turn l~c. the amount of $10,705. · 1-15 Southbound and Northbound Ramps/Base The City's intent is to fulfill this The City has City Engineer Line Road - Freeway interchange must be m/figatinn for all development, detelmined this to be reconstructed to include southbound and a public project. northboand loop on-ramps. Plans for the reconstruction of this interchange are currently being I~parnd by Caltrans, SANBAG, end the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. This mitigation measure ts not imposed on the project, because the City has committed to peoCorm these improvements at no cost to the project. · Cherry Avenue/Foothill Boulevard - Addition of a The Applicant shall pay the fu/r Prior to i~nmnec of City Engineer second southbound lel~ turn lane. This m/tigation share contribution for traffic building permit. will maintain the level of service at this m/tigation in a sum of $52,500 intersection at its 2001 level, which did not meet to the C/ty Engineer. the City of Fontuna's LOS C standard. 4.1.,3A Except where noted below that f.....l;..= for the improvement has been assured by the City or b~ the existing Cormnunity Facilitias District (CFD) 2001-1, the project shall make a fair share contn'bufion to the following improvements (Year 2020): · Day Creek Bonleverd/Base Line Road - Addition ~Vot,4pplicable. l~ot,ippllcable. Not Applicable. ora second eastbound left turn lane and a second westbound left tom lane. Thts mitigation measure is not imposed on the project, because funding and completion of this improvement bas been C:~ocume~ts and Setting~n fons~l.~al $cnings~Tcrai~iar7 Interact Fil~s~Ot.K2EB~Jviifisafion Monitoring Plan_v4.DOC (0 I/2Z~2002) H-24 tAe Project. at no cost to · Day Creek Boulevard/Victoria Gardens Lane - AppliCant shall participate in the Fonuntiun of CFD to City Engineer Addition of a flee northbound right tam lane. new Community Facilities .be con~gleted prior to Short easthound green phase will necessitate Dis~ict (CFD) that will ~anance of building prohibition of pedestrian crossing of Day Creek cons~uct this improvement, permit. Boulevard un the south leg of this intersection. · Day Creek Boulevard/Foothill Boulevard - Addition of a free westbound right turn lane, Applicant shall participate in the Formation of CF1) to City Engineer which will continue to become the free new Community Facilities bo completed prior to northbound right turn lane at Day Creek Di~ict (CFD) that will issuance of building Bunlevard/Victoria Gardens Lane. Conversion of construct this improvement, permit one northbound left turn lane to a northbound through lane. Addition of a free northbocxld right turn lane, which will continue to become a dedicated right torn lane at 1-15 Southbound Ramps/Foothill Boulevard. Addition of a third southbound left tom lane. Conversion of southbound shared though/right mm lane to a dedicated southbound right tom lane. Modification of signal phasing to provide right turn overlap phasing for southbound right turn movement. As an alternative to the overlap phasing, a free (uncontrolled) right turn for this mov~t would improve overall intersection operations slightly and permit eastbound U-tams, although e LOS calculation will show greater average delay for controlled movements. This signal will need to be operated "split phase" northbotmd and southbound to allow three southbound lanes to tom left. Short westbound through green phase will require pedestrians crossing Day Creek Boulevard un the north leg of this intersection to cross to the median on one phase and then continue on a subsequent phase. A countdown pedestrian signal and an eisht-funt C:~)ecument~ and Senings~n fongR.ocal Seninga\Tempon~ Inteme~ Files~OLK2EB'~ditigation Monitoring PIan_v4.DOC (01t22/2002) H-25 intersection. Southbound left tom lanes must be side-by-side with the northbound left tom lane at Victoria C. mrdens Lane to provide sufficient queuing capacity for southbound left turn movemems. (See Figure 4.1.1:5). Coordination of , signal timing with Day Creek Boulevard/Victoria Gar~.ens Lane shall be implemented to provide maxunurn use of southbound green time. Signal timing must consider pedestrian crossing of the east leg of the intersection in order to connect a pedelmlen hail from north to south. Short oorthboand through green phase will require pedastrians crossing Foothill Boulevard on the east leg of this interse~oo to cross to the median on one phase end then continue on a subsequent phase. A countdown pedestrian signal end an eight-foot wide raised roedien to serve as a pedastrian ~fuge must be provided in the east leg of the interasctian. · I-15 Southbound Rsrn?~Foothill Boulevard - Applicant shall pa~iciln6= in the Foiuu~ilon of CFD to Addition of a free eastbound fight turn lane. new Community Facilities be completed prior to City Engineer District (CFD) that will iasuenee of building construct this ha,l, io~a,,.*~* · Victoria Gardens Lane/Base Line Road - IVot applicable. Not applicable. Not applicable. Conversion of planned northboend shared through/right turn lane to a f~e right mm lane. D~IS mitigation measure is not imposed on the project, because funding and completion of this improvement has been assured by the existing CFD 2001-1 at no cost to the Project. · Victoria C-ardens Lane/Church Street - Addition of a second westbound left tom lane. Not applicable. Not applicable. Not applicable. Modification of signal phasing to provide right turn ovcrlap phasin~ for northbound right turn C:'Oo~um~ais and Set tin gsln fo n 8'J~w.a I Settings\Tempoi~y ln~-rn~ Files~OLK2El~Miti~at ioo Monitoring Plan_v4.DOC (01/22/2002) H-26 ·lmposed on the project, because funding and completion of this improvement has been assured by the erlztlng CFD 2001-1 at no cost to the Project, · Etiwanda Avenue/Church Street - Addition of a dedicated northboend left turn lane, resulting in a blot applicable. Not applicable, blot applicable. single left turn lane and a single shared through/right turn lane. Addition ora dedicated eastbound le~ turn lane, resulting in a single left turn lane and a single shared flu'ongh/right turn lane. Addition of a dedicated westbound left turn lane, resulting in a single left turn lane and a single shared through/right turn lane. Th/s ' mitigation measure is not imposed on tbeproject, because funding and completion of this improvement bus been assured by the ex.lng CFD 2001-1 at no cost to the Project. · I~tiwanda Avenue/Foothill Boulevard - Addition of a second southbound through lane, a second Applicant shall make a fair share Prior to issuance of City Engineer northbound through lane, and a second payment to the City Engineer in building p~ii~i. northbound left turn lane. Modification of signal the amount of $67,720, phasing to provide right turn overlap phasing for the northbound right turn movement · Efiwanda Avenue/Slover Avenue - Addition of a third and a fourth northbound through lane, a Applicant shall make a fair share Prior to issuance of City Engineer second eastbound let~ turn lane, a second payment to the City Engineer in building permit. southbound left turn lane, a second westbound left the amount of $10,705. [Notn: this fair sha~ turn lane, and a free westbound right turn lane. contribution will have already been paid pursuant to the 2007 mitigalien measure listed shove. C:~gummts and Setfings~nfong~Local Segings\Temporary Interact Filesq)LK2EB'd~itigatioa Monitoring Plan_v4.DOC (01/22/2002) H-2 7 the applic~t pay this ........ t twice.] · Etiwanda Avenue/San Bemardino Avenue - Add Applicant shall make a fair share Prior to issoanen of City Engineer. a second eastbound leto mm lane. payment to the City Engineer in building peimit. ~ the amount of $10,344. · I-I $ Southbound and Northbound Ramps/Base Line Road - Freeway interchange must be Not applicable. Not applicable. reconstructed to include southbound and Not applicable. nurthboand loop on-ramps, Plus for the reconsh'uction of this interchange are currently being prepared by Caltrans, SANBAG, and the City of Rancho Cucamonga. The reconstruction of this interchange will include the reconstruction of the intersection of East Avenue and Base Line Road. TMs mitigation mcosure is not imposed on the project, because the Cit~ has committed to · perform these improvement~ at no cost to the project. · East Avenue/Base Line Road - Mitigation at this Sen above Sen above intersection is included as part of 1-15/Baso Line Road interchange reconstruction. · Che~y Avenue/Foothill Boulevard - Addition of a second eastbouud left mm lane, a dedicated Applicant shall make s fair she~e Prior to issuance of City Engineer eastbound fight turn lane, a second southbound payment to the City Engineer in building permit. left turn lane, a dedicated northbound right tom the amount of $$2,500. [Note: this fair share lane, and a dedicated westbound right turn lane. contribution will have already been paid pursuant to the 2007 mitigation measure listed above. It is not intended the applicant pay this amount mice.] C:~Documeats and Seninss~n fong'~Loca] Se~tings\Temporary Into'net Filcs'OLK2 EB'iviifi~alioo Monitodn$ Phn_v4.DOC (01f22f2002) H-28 4.2.1A Construction shall be limited to the hours of Applicant shall submit to the Prior to the issu~ce of City Building 6:30 a.m. through 8:00 p.m. on Monday through City proof that the mitigation Saturday, excluding national holidays. No grading permits. Department conmuction shall be allowed on Sundays. measure listed is included in the construction documants with the 4.2.1B There shall be proper mu~ing of and Applicant shall submit to the Prior to the issuance of City Building maintenance of all internal combustion engines for City proof that the mitigation grading permits. DeparUnant confax~ction equipment and vehicles used on the site. measure listed is included in the consUuction doonmants with the -- __ developer's contraetor. 4.2.1C All stationary noise g~i~.ing sources, such aa ~ppticant shall submit to the air compressors and portab e power generators, shall [ 'i . . Prior to the issuance of City Building ~ ty proof that the rmtigatlon be located aa far away as possible from existing ~ grading permits. Department scusitive receptors, neasure listed is included in the · ~ ....... consUuedon documents with the developer's contractor. 4.2.2A Rssidcntial units located within 86 to'l?~ feet Applicant shall submit to the Prior to the issuance of City Building . of the centerpiece of Day Creek Boulevard shs~"~ be City proof thst the mitigation building permits. equipped with building facade upgrades, sur~. as Deparanent measure listed is included in the double parted (or dual glazing) windows, and building plane. rnsehan~:,al ventilation, such aa an air condi~ning 4.2.2B Rssidentinl units located within 364 feet of the Applicant shall submit to the Prior to the issuance of City Building centerline of Day Creek Boulevard or within 99 feet of City proof that the mitigation building permits. Department the centerline of Church Street shall be equipped with measure listed is included in the mechanical ventilation, such as an air conditioning building plans. 4.2.2C 5enaltive receptors located along Victoria The developer of the Victoria Prior to the issuance of City Building i C. mrdans Lane within the proposed Victoria Arbors Arbors Village uact shall submit building permits. Department ~ Village may require a six foot sound wall f outdoor to the City proof that the land aaas fall within 77 feet of the roadway. A form of mitigation measure listed is mechanical ventilation, such as air conditioning, will included in the building plans. be required if the realdeoces are within 165 fset of (Note: Theat, proved2TlS974 C:~Docum~t~ and 5ening~nfong\Local Set~ing~\Tempara~ lntem~t File~OLK2EB'~litigatias Monito~g Plan_v4.DOC (01f22f2002) H-29 Victoria Gardens !an~ Flctorla ~rbors Fillage is conditioned to provide a six-foot block wall) .4.2.2D Outdoor plazas and dining areas shall Applicant shall submit to the Prior to the issuance of City Building incorporate features to mask or reduce noise generated City proof that the mitigation building permits. Department from project related traffic. Specifically, the project msusu~ listed is implemented in ' design shall utilize water features (e.g. foonta/ns), the bu/lding plans. either alone, or hi tandem with other noise-reducing features (e.g., vegetat/ve screening, structural design), to reduce no/se levels within outdoor gnthedng and d/ning areas. 4.2.3A On-site residences located within 250 feet of Applicant shall submit to the Prior to the issuance of C/ty Planning any loedinS dock shall be equipped w/th mechanical City proof that the mitigation building permits. DeperUnent ventilation, such as an air conditioning system, measure listed is implemented in the building plans. 4.2.3B In ~dance with City Code Scction Applicant shall submit to the On-gn/ng throughout the City Code ~ i · 17.10.050 of the Perfurmancc Standerds, no loading or City proof thst the mitigation life of the projeet. Enforcement ~' . unloading setivities, including truck idling shall occur measure listed is implemented in between the hours of 10 p.m. to 7 a.m. within 250 feet the building plan~ ] of any residential development. 4. AIR QUALITY 4.3.1A. The Construction Contractor shall select the Applicant shall submit to the Prior to the issuance of City Planning conslruction equipment used on site based on low City proof that the mitigation grading permits. Deparlment emission factors and high energy efllcioncy. The measure listed is included in the Consmaction Con~antor shall ensure that construction conslruction documents with the grading plans include a statement that all construction developer's contractor. equipment will be tuned and mainhtined in accordance with the manufacturer's specifications. 4.3.1B. The Cons~uction Co,~iu, shall utilize Applicant shall submit to the Pdor to the issuance of City Building and electric or diesel powered equipment in lien of gasoline City proof that the mitigation grading permits. Safety Department powered engines where fenalble, measure listed is included hi the cons~uction documents with the devalo~er'$ contn~ctns. C:'~.~,,,,,~,~ and S~i~/n~n fon$'~Locst SeUln~\To,~nuy Intoner Fil~OLK2Ei~Mitigad~m Monitoring Plan_v4.DOC (0102/2002) H-30 4.3.1C. The Construction Contractor shall ensure that Applicant shall submit to the Prior to thc issuance of City Building construction grading plans include a statement that City proof that the mitigation grading permits. Depamnont work crews will shut off equipment when not in use. measure listed is included in the During smog season (May through October), the construction documents with the overall length of the construction period should be developer's contractor. extended, thereby decreasing the size of the saran prepared each day, to minimize vehicles and equipment operating at the same time. 4.3.1D. The Consh'uodon Contractor shall lime the Applic~t shall submit to the Prior to the issuance of City Engineering cons~action activities so as not to interfere with peak City proof that the mitigation grading permits. Depamnent hour Uaffi¢ and minimize obstruction of through lraffic measure listed is included in the lanes adjacent to the site; if nenesss~, a flagpe~on onnatruction documents with the shall be retained to maintain safety adjacent to existing developer's onn~ractor. roadways. 4.3.1E. The ConsUuction Con.actor shall support and Applicant shall submit to the Prior to the issuance of City Building encourage ridesharing and transit incentives for the City proof that the mitigation grading pexmits. Depamnent conslruction crew. measure listed is included in the construction documents with the deveinlm"s contractor. 4.3.1F. Dust generated by the development activities Applicant shall submit to the Prior to the issuance of City Building shall ha retained on site and kept to a minimum by City proof that the mitigation grading pennits. Department following the dust control measures listed below, measure listed is included in the conslmcfion documents with the n. During clearing, grading, earth moving, developer's contractor. excavation, or transportation of cut or fill materials, water ~rucks or sprinkler systems shall be used to prevent dust from leaving the site and to create a crust ax~er each day's activities cease. b. During conslsuctinn, water ~nzcks or sprinkler systerm shall be used to keep all 0a~as of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include we~ing down such areas in the late morning and after work is convicted for the day, and whenever wind exceeds 15 miles per hour. C:~ocument~ and SeUlngs~n fongkt~al Se~ings\To~x~,~,~ y Internel FiJes~OLK2 EB',Mitig~ion Monito~ng Plnn_v4.DOC (0 If22/2002) c. A~er clearing, grading, earth moving, or excavation is completed, the antire area of disturbed soil shall be treated ircanediatcly until thc area is paved or otherwise developed so that dust generation will not Occur. d. Soil stockpiled for more than two days shall be covered, kept moist, or ~eated with soil binders to prevent dust generation. e. Tracks transporting soil, sand, cut or fill materials, and/or eonsiruction debris to or from the site shall be tarped from the point of origin. 4.3.1G. Thc Cons~uction ConUactor shall utilize as Applicant shall submit to the Prior to the issuance of City Building much as possible precoated/natural colored building City proof that the mitigation building permits. Department materials, water based or low VOC coating, and measure listed is included in the coating transfer or spray equipment with high transfer cons~uction doearrm~ts with tho efficiency, such as a high volume low pressure (HVLP) developer's con~'astor. spray method, or manual coatings application such as (i~.- paint brush, hand roller, trowel, spatula, dauber, rag, or sponge. 4.3.2A. The project shall comply with Title 24 of the The applicant shall prepare and Prior to ~he issuance of City Building Califomin Code of Regulations ea~ublished by the submit to tho City for review building permits. DeparUnent Energy Commission regarding energy conservation and approval development plans standards. that incorporate the listed 'Pitle 24 of the Califomin Code of 4.3.2B. Use of Iransportation demand measures The applicant shall I~'pare and Prior to the issuance of City Planning (TDM), such as preferential parking for submit tu the City for ~view building penuits. Depanmeat vanpooling/cespooling, subsidy for transit pass or and approval development plans vaopooling/cmpooling, flextime work schedule, bike that ineaq~orate tho listed TDM racks, lockers, showers, and on-site cafeteria, shall be measures. incoq~orated in the design of the commercial land uses. City Building 4.3.2C. Prewire houses for electrical charging EV cars, Tho applicant shall p~pare and Prior to the issuance of a City Planning if legible. Install conduits for fiber opties for submit to the City for review certifieate of occupancy. Department residential and non-realdenmil uses. end approval~ devalopm~t plans C:~)ocumen~s and Setting~n fong~.ocal Seuings\Tempora~7 Interne{ Files~OLK2EB',Mifigatio~ Monito~ng P~_v4.DOC (01/22/2002) H-32 indicating the fiber optics miti~ntion. 4.3.2D. Install EV chargers or alternative fuel stations The developer shall prepare and Prior to the issuance of City Building (natural gas) for community wide use at key submit to the City for review building permits for any Depamnent counneralal and public location(s), and approval building plans that co~raneroial building incorporate the listed mitigation and/or public facility. me$surec. 4.3.2E. Thc developer shall contract with a mitigation The developer shall submit to Prior to thc issuance of City Building monitor to assure compliance with and implemcotarion the City ~videnec that the grading permits. Depatm~cot of the mitigation monitoring program, developer has contracted with a mitigation monitor to implement the mitigation monitoring PUBLIC SERVICES AND FACILITIES 4.6.1A. The developer shall pay statutory school fees Proof of payment of the applicable Prior m the issuance of City Building to the Efiwanda School District and Chaffey $oint fees shall be provided to the City. building permits for any Deparlment Unified High School District subject to the limitstiom of Goveroment Code Sections 65995(e} and (h). residential devalopmmt. 4.6.2A. The developer shall submit to the City a Public The developer shall submit a Safety and Security Plan, which identifies the Prior to iasuanco of Engineering ' Public Safety and Security Plan to certificate ofocsupancy. Department developer's intent to provide safety services to the the City for review and approval. project to supplement normal City police services. 4.6.2B. To add~ the increased demand on police The developer shall submit to the Prior to the issuance of City Building services resulting from the proposed project, an area City for roview and approval building permits. Department within the retail center will be set aside for an on-site building plans which shows an police office. area set aside for a police oftiec within the retail center. Police 4.6.3A. The developer shall join Corranunity Facilities The developer shall provide Prior ~ issuance building Fire Dept. District (CFD) 85-1 to provide fire protection services written proof that be/she has permits. Building & Safety to the site. joined the Community Facilities Depa~'hnent District (CFD) 85-1 for fire protection. ~ ~' Y ~r~'~zl~l~'~mgationMonitofingPlan_v4.DOC(0 tZ2t2002) H-33 4.6.3B. Thc developer shall install full. aui,,.~ii~ fire sprinklers systems in all commerciaVretail, office, civic ! The developer shall submit to the Prior to the issuance of Fire Department and multi-family residential units in accordance with City for review and approval building permits. Rancho Cucamongn Fire District Ordinance No. 15 building plans that include and Rancho Cucemonga Fire District Ordinance No. automatic fire sprinkler systems. 22. City Building 4.6.3C. The Fire District shall be consulted on street The developer shall provide Prior to the issuance of Fire Department name assignments to assure compliance with written proof to the City that Final Maps. reepon~e plans, he/she has consulted with the City's Fire District City Building Depastment C:~D~ume~ and S~dngs~n fong~:ol Settings\Temporary Inten~ Fil~z~OLK2EB~lifigMi(m M(mito~g Plan_v4.DOC (01/22/2002) H-34 VICTORIA GARDENS MASTER PLAN PROVIDED UNDER SEPARATE COVER ORDINANCE NO. ~ r~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 01-01 CHANGING THE LAND USE DESIGNATION FROM REGIONAL CENTER TO MIXED USE AND MODIFYING VARIOUS TEXT AND GRAPHICS IN THE VICTORIA COMMUNITY PLAN TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND AND IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST. A. Recitals. 1. Forest City Development California, Inc., filed an application for Victoda Community Plan Amendment 01-01, as described in the title of this Ordinance. Hereinafter in this Ordinance, the subject Victoria Community Plan Amendment is referred to as "the application." 2. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and issued Resolution No. 02-21, recommending to the CityCouncil that the application be appro~d. 3. On February 20, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded sand heating on that date. 4. All legal prerequisites prior to the adoption ofthis 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 February 20, 2002, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan; and b. This amendment does promote the goals and objectives of the Land Use Element; 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. CITY COUNCIL ORDINANCE NO. VCPA 01-01 FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 2 3. Based upon the facts and information contained in the "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," together with all written and oral reports, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment beyond those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations bythe City Council. a. That the "Final Environmental Impact Report for Victoda Gardens SCH No. 2001031028," has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Environmental Impact Report prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Environmental Impact Report with regard to the application. b. The "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," identifies that all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project with the exception of those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Coundl finds as follows: In considering the record as a whole, the "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028" 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 "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," 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-l-d) of Title 14 of the California Code of Regulations and adopts a Statement of Overriding Considerations relative to significant unavoidable impacts related to air qualityand traffic. 4. 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 proposed amendment would not have significant impacts on the environment nor the surrounding properties; and c. That the proposed amendment is in conformance with the General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3 and 4 above, this Council hereby approves Victoda Community Plan Amendment No. 01-01 attached as Exhibit "A" and incorporated herein by this reference. 6. The Secretary to this Council shall certify to the adoption of this Ordinance. VICTORIA COMMUNITY PLAN AMENDMENT ADMINISTRATIVE. DRA_Irr JANUARY 18, 2002 SUBM1Tr~ TO THE · CITY OF: RANCHO CUCAMONGA BY FOREST CITYDEVELOPMF. NT LEWIS OPERATING coMPANY %% ~[[ PREPA~n BY FmJ.n PAOLI ARCmT~n'S 'INTRODUCTION This document is an Amendment to.the Victoria Commu~ty P/an~ which is withi~ the amendment is dated Sanuary 18, 2002 and is amending the Hctor/a Commum~ty'Plan ~4mendment, dated October 2~ 2000~ which was prepared by PDS Wes~ Of Capis~z~no,-California. Tho CUZTmlt arnendmellt aSbmm~t~ that the Ootob~', 2000, amendme,'nt was adopted by the City. ' ' ' Amendments are included for text and graphiCS~ The amended text is tmderlined tho ~,mnended ~apMcs are noted in the text and are a~tsched_ . '" The amendments to thc ~ctoria Community Plan have been ramie by Field Paoli Archite~ of San Francisco, Callfermla~ and are anbmlmsd to'the City Cucamonga by Forest CiW Development and Lewis Operalln~.Cn~. The submittal of this document, Hctor/a Com~nunity Plan-.dmendme~ is ma,ia in conjunction with the submittal of the F~¢toria Gardens Master Pla~ d~_~_A_ Jnmmvy 1 2002. ' VICTORIA COMMUNITY PLAN. AW~,NDMENT ' Village of Victoria Arbors, City 0f Rancho. Cucamonga~ cal/forn/a · January 18, 2002 · . Area 4, Victoria Arbors, will be a unique, multi-use co,~,~,mity which feattae~ a linear ~oulevara/~estaan Way ttat ties a hist°tic winer/to a cennanydomat s&ooVpark Page 27 Graphic- An interrelated Community of Villages . ". C, CREATE. A COMMUNITY, WiDE OPBN SPACE SYS~ - A ~INEAR PARK"THAT TIES THE VILLAGES TOGEI'H]~ AND CONNECTS TO THE EXISTING AND.PROPOSED CITY AND COUNTY OPEN SPACE SYSTEMS. Victoria Linear Park will connect each of the Villages' c~ntral' open spaces and, in turn, connect the re, dent/al port/OhS of the COmmunity together. In most oftl~¢ villages, thc' park will have a rustic, natural feeling: informal tree masses and natur~i~,~l shrubs and grasses, meaude~,,S pedestrian and bioyol~ nails will run ~he ~n~ length, providing a. Th~ ol~-n-spa~ sys~ will t=..,~,~ in Victoria Arbors whose key element is a landscal~ boulevard spine which ¢onne~ a historic vineyard, ce~rally-located park/schoo! site, and regiona! downtown with a,n~i,~ s~-eet, town green and central Page 28 ~ Graphic ~ Victoria Linear lark Drawing Page 2. VICTORIA COMMUNITY pLAN_ AMENDMENT Village of Victoria Arbors, City of Rancho Cucsmonga, California 'January 18,2002 D. CREATE A RECREATIONAL TRAIL SYSTEM THAT ENCOURAGES PEDESTRIAN, BICYCLE AND'EQUESTRIAN CIRCULATION .' A system of trails Will weave throughout the'comm-nity, connecting re~id~fial areas . t° one another, and to the commt/Dity.open b'pa~ 8ystellL The trail8 will c, ormect tho community wi~h the regional op~ space and trail system alon~ Day Creek and Deer · Creek. · Page 29 - Graphic - Community Trail System (ameuded and' attached) The trail system.will lake various forms: sometimes along roods~ betwe~.differe~ land uses. through residential areas, or within open'apace conidors. It is a system · · which is sa?~d to its particular location, y~t ties together as an ,n;ntermpted The Comm~mi .W Trail System diagram showsconcoptuany how the open spa~ and trail system will work to accomp!inh this. Page 31 -Graphic- Local Circulafioa (amended and ~ched) Circulation. · WCTORIA COM~W'mT~ PLA~- Village of Victoria Arbors, City of Rancho c~Camonga, Califol~ia January 18, 2002 Page 34 - Text'- Section G The special landscape quality of Victoria will be Created by using the.estabLished vocabulary throughout the new commtmity. The windrow style of planing ."trees with a ve~fica/growing habit that are planted in a Closely spaced,.linear p.__tt__~n - will ~ found throUghOut Victor/a as "special boulevards",'adjacent to utility corridors, and . w~.s through wsi&n~l areas as part of the tra/l ~ystem. The natural/zed lan&cape · character of Victoria Linear Park is an extension and enricbr~ent of the rustic quality ele~nent of the'plan tl~ provides the connection b~veen the residential areas and the school/park with the new downtown to the south md the historic win~ry to the nortk · Page 37- The'Victoria Community Land Use plan THE VICTORIA COMMUNITY ~ USE PLAN 'On the following page~/s the land usephm for th¢.pl,-n~-g area. Onthis diagr, m~ the integrative open space elements that unlfy the residential and commercial uses of each village have been illustrs~L Victoria Groves, Victoria Vineyards and Vi~wria .Page 4. V~CTOP.~ COMMUhTrY PL~'~ AMg~OME~ Village of Victoria Arbors, City of Ranch0 CUcamonga, california January 18, 2002 WindroTM each'hav¢'a multi-uso comm'~lnJty facility as the Cellll'al'vills~e alncllity. Victoria Linear Park ii.k, these open spaces tOgether and provides one.~onfi.uuous pedestrian and bicycle ~ system for the entire co'inanity. · The tey~im~ of Victoria Linear.Park is in the Village of Victoria Arbors, where ii historic winery to the park/school site aUd ends as a Town C-teen and Town Square within the ilew downtown. The doWntown is'named Victoria Gardens.' This central. acovity an tm .~ortation spree Will provide multiple connections, The primary connection is from the restored winery to the downtown. SeCOndary c.~.. nnectio~s . .nd residential to the com,~ercial and regional downtow~ · Arbor Laneis the name of the road that incorporates the Victoria Linear Park as it connects the Town Crreen and Town Square of Victoria 'Gardens with the neighborhoods~ parks and wine~.to'the nortk On the Town Omen a City cultural center is pl.nned, Which is to inciude a children's theater and a library. As the spine or boulevard enters the mixed use, downtown area of offices, restaurau~ and civic uses, it becomes the Town Crreen. Thc linear park then pr0ceeds to the Town Square, the most urban feature 0f the oPe~ space corrid°r~ lOCated within'the new .. downtown. Access to this open spac~ corridor is provided by a seziO$. 0fpedest~gan ways and generous~ landscaped sidewalk.~ and is compie~nanted with accented Page 5. · VICTORIA COMMUNIT~ PLAN- ~MF, NT Village of Victoria Arbors, Ci~ of ~ncho Cucamonga, C~lifornia .January 18, 2002 · Page 37- Regional Downtown REOIONAL DOWNTOWN The .focus of urban activity within the Victoria Commnnity is the r~gional mixed-use center Within Victoria Arbors. a main street shopping area surrounded by civic, commercial and residential 'uses. The name of this new, mixed-use downtoroll is.. Vict0fi~ Gardens. The downtown will feature retail us~ ofrcgional and community- interest in a landscaped lv[sln Street setting with a.Town Square and a Towu ~ The downtown area will femure enlumce~ ~ ameniiies, pocket parks, public transponati°n' and POtentially, a shuttle system from parki~! lots to the Main $1re~s and from ~ Main Streets to the winery and residential and park uses along Arbor · Lane. Surrouvdln~ the regionsl center will be related mix~l us~ of commm'cial businesses, offices, a City cultmal center, and residential uses of varying densities. This hierarchy of uses will. Pr°vide a b.l.nce of commercial aclivities withi, Victoria and Rancho · ' Cucamonga'that encourage a more intere~n~ and iiiverse city and promote the. . . comscrvali°n.of energy and nalura! resources by placing facilities close to people who will be using th~m. At thc tlm¢ thc first development plan is submitted for commgr~ial mixed usc and residential mixed usc, a Master pldn with development standaxds and Page 39 - Graphic - Victoria Arbors - Land Use (amended and attached) ' Page 6. TIlE VILLAGE OF VICTORIA ARBORS VILLAGE CONCEPT The Village of Victoria Arbors is multi.use community thematically tied to its historic winery and co~inl,~ a centrally, loCa~l neighborhood school/park and an adjacent . ' regional retail downtown. The historic winery at ~¢ north of the communit~ should provide the village with i~s them.tic identiVy, with a "vineyard buffS" :that both ' ' landscape references 1o the viticulture history and incorporate element that mirror ' 'harin¢ country" character in'its streetscapes and envies and will use street ,~.nes evoklns %tine country" and the area's rich agricultural heritage. The design, architecture and choice of materials should worlc to. enforce this lheane of "wine county." ~ charact~ is evoked not only in Rancho Cucam0nga's history, but in other wine regions, including Napa and S0noma Valleys, ~nd thos~ of France ami other parts of Europe. These areas should be a source of inspiration in design and oncouraged. The uso of smooth, lmnd-trowelled-t%~*h stucco, and stone as building wall material is approX. Stone, incbwll,g cobble, field and quarry,, could be 'included in ,xtea'ior wall design, alone or in.comb!-~ion with smooth stucco ~,i.~k Wrought iron .COuld be aa appropriate mateaSal for uso in walls and fencing, gatez, trim Page 7. . VlCTORIA COMMUNITY PLAN -AWnC~I)MENT Village of Victoria Arbors,. City of Rancho Cucamonga,'California January 18, 2002 To Solidify the identity of Victoria Arbors, all residential architecture shall incorporate either or both a porch and trellis. These two architectural elements will become an architectural icon for this village. Trellises should be a pan of entrymonume~tati0n, street furniture; and pedestrian ways. Trellises can take msny forms incb~dlng long shaded walkways, building appurtenances,, sculptural accents and gazebos.. Architectural styles appropriate for residential uses in this village include Monterey, c Bungalow and other mditio-,i tni of g a ian and.ti arces[ No barrel tile rco~nE material will be allowed. No Santa Barbara style architecture will be allowed. A Master plan will be required as part of the fu'st Tentative Map submittal, in compliance with the General Plan.and Development Code, Which will include more detailed design guidelines end exemplary photographs. · oriented around an elementary school, an adjacent neighborhood park, with a multi- purpose building shared with &e school, an amphith,'~*~ and pla~; and a wetlands park. Victoria Arbors will trsnsition in hierarchy' of intensity from the winery and its buffe~, to single family residential focused around the school/perk; to multi family residential and mixed commereial/eivic/office use With the regional re~,, il o._ftbo. new downtown, Victoria C-erdens. The area to'thewest 0fDay Creek Boulevard will tra,~ifiun southerly from single family residential to multi-f~mily housing to commelcial uses, all fronted along Day Creek B0Ulevard by mixed use. A ~ Plan for Victoria Gardens shall include a development concept showing a tr~,~.~ition from the relatively low-l-te"-~tY, resid~tla! land uses to the somewhat more inteose, mixed- use nature of the new downtown. · v~c"roP.~ cOMMmaTV PL~- Page 9. .. · VICTORIA COMMUNITY PLAN-AM~,NDMENT ' Village of Victoria Arbors, City of Rancho.Cueamonga, California January 18, 2002 VILLAGE ENTRIE~ . : The major access points to Victoria Arbors will contain large setbacks and generOusly landscaped.miry statements with.ties to regional O-ail.~ (see '~rralls and'EnVy plum"). The most dramatic entry will ~e at me. northe~t corner of the village whe~. ArBor Lane enters the comr~unity at Base Line Road ("special enlry"). Here, the generously · ' ' landscaped lane will be COntinued with a wide linear parkway.al°ng the west si& of ViCtoria Crardens Lane. Within one block, views.0fthe park and wetlandsarea open to the right es motorist% bicyclists or pedestr/~os have the option of accessing the park and continuing on to the Day Creek' Reg/onal Trail or continuing south along Victoria C, ardensh e. . Other key intersections in'the village are: ' · major commRoityentry ~ Day Creek Blvd. and BaSe Line Road r~sidantial entry at Day Creek Blvd. and Church St. · residentialenU-y at Church Street and Victoria Oardem Len~ · residential entries along Victoria Gardens Lane and Day Creek Blvd. at their · commercial entri~ along Victoria Gardens Laneand Day Creek Blvd. at the new "downtown" entries At these entries, the pedestrian parkways widen to contalnvillage entry sj~n%oe, Im~rt Graphic- Trails and i%[r~ Plan (amended and attached) Page 10. VILLAGE EDGES " Tho village edges along Base Line Road, Day Creek Boulevard, Church Street, Vi0tOria Oardens Lane'and Foothill Boulevard (Route 66) will feature Specially- · landscaped linear parkways whi;h provide visual continuity, pedestrian amenities and bUffers:to adj0~nlng residential uses.. Landscaphag along Day Creek Boulevard will.be consistent with the Day Crud; ~oul~vard $¢enie/R~creatio,al Corridor ~ast~ Pla~ The I/ey intersections of Base L/ne Rd. and Day Creek BlvcL, will be' consistent with Community Entrance 1~ in the Day Creek Boulevard Scenic/ReCreational Corridor. Master Plan. . · HISTORIC WINERY "Fund.mental to the identity of Victoria Arbors is the hi'tic ~ located in the · · north~ gordon of the village on Base Lin~ Road. Th~ tradition of vitioulturo in Eueamonga valley d~s baok to th~ mid-1 gOOs with the introdue~on of '.grapes first grown at the San Oabriel MiSsion. By :the mm of the ~atury, th~r~ forty-five win~ies in the ~all~y,'and the Ell~na Broth~'~ roundel the subj~;t winory (in. Vio~oria Arbors) ia 1917. ~ !934, produotion was chAngod to wine vinegar sold. · 1,11Idea' the blg.tld nnrne l~g~ alld file City ofRaxle~lO Clle-nmollga Vioto~a Arbors will us~ thc ~ifioulture theme in its village identity, incl,,aln~ stn~ aame , sig a e, aaa mon ,' eat The wi. aea to Vim 'Arbors by a boulevan:l with a wide pedestrian island t. ennlnafing in a formally Page 11. With a demonsUafion vineyard, a store, resting room, wine pmduotion and a strong' ' visual presence, the winery will be the thematic focal point for the vill~e. It is possible in the future that historic homes, machinery and Products rel,~ to 6ae history of the area andits viiiculture may be moyed onto the winery site.: A key amenity in the Village of viCt°ria Arbors. is its centrally l°cated neighborhood park and wetlands pazk area adjacent to thc school site. The seven and a half acre park is designed to serve the eniire village and, due to i~ c°nnectionto the regional ~ system along Arbor Lane, and the inclusion of a wethmds park, will also ch-aw interest. from adjoining communiges. park, poieatially containing ira,s, walkWays and. educational exhibits. ~ho weals,ids · will con,si, examples of flora and f~,,,~s typical to the region and kept secure by an open, wrought-iron fence. Due to its localion along the regional trail netwOrk, the park and wetlands area will serve residents from adjoi,~i%o areas as well as from Victoria. - · · Arbors. Those lraveli~g north or south.along Victoria c-ard -ens Lane. and Arbor Lane · .. or east or West throUgh the villa :e will pass directly by the Park, and msny will be' Page 12. WCTORL~ coMMuNrrY PLAN -, AMEND~ Village of Victoria Arbors, City of Rancho Cueamongs, Cslifornin · ' January 1 $, 2002 drawn in. The recreational amenities of the park include both activ~ and passive uses and therefore appeal to all ages. ' DOW rro The la~clscsped boulevard/pedestrian island of the Victoria Linear Trsii becomes a Town Green as it leaves'the single-family residential .ama and eaters the minced use are~ ofat~hed residential, retail and civic uses. The Town Green is a park coI)t~inln~o the Victoria Linear Trail, landscaping, and street fumitu~. This Green is connected in the new downtown, to the Town Square and the pattern of street, lanclscaPed sidew~lic~ · and small p. arks in the main street shopping area. · The Town Square is the most urban of the open spaces in the downtown, and will be for downtow, , sev downtown ar~ at intersections and in pedestrian circulation"eddies.". These small green spaces will provi& rest areas and serve to solon the shopping environment. TRAm SYSTF.~ · A key element to the Village of Victoria Arbors is its ex~e~sive trail system,, oriented both to the region and to the village itself. The entire trail system, described earlinr, se~es three major purpose: · ~]inlcs Victoria Arbors to sllrroundixlg commRnities,, regional ~rai]$ and proposed commercial uses . .' · surrounds and buffers the village with linear parkways containing w~lt'~ays, Page 13. .. WCTOmA PLAN- AMzm) rr Village of Victoria Arbors, City of Rancho. Cucamonga, C~lifornia Sanuary 18, 2002 · provid~ e°nvenient access to the village's p~rk, seh°°l, wetlands area and as well as a direr e°nueetion to the new downtown · Insert Graphic- Illustrative Concept Plan - The Village of Victoria ArborS (amended and aliached) · .. ' The Arbor Lane Communi~ , Trail enters the village at Base Line ROad and.c°ntinues From hereit continues west, meeting the landscaped boulevard/pede~hlan spine of the village, Arbor Lane. Users oft~e uial can continue west crossing Arbor Lane thr°ugh a .,~,, residential neighborhood ~o rmk up wi~h the D~'Ceeei~ Blvd. $eenie/Recreational Corridor trail sysiem; or lravel south along Arbor Lane to' resioml d0wntow~ Victoria Ganl~; or UaVel nora a short disumce ~o the hi~oric ' The Da~ Creek Boulevard $eenic/Rec~ealional Corridor with i~s're~onal trail system COntinues north of Base Line Road, past the Foot~ilIFreeway connection lo the Etiwanda North Trail System. It continues south past FootbH! Boulevard to Jack Benny Drive to a trail connecting to the EpiCenter Stadium and adult spor~ park. Internally, the trail and walkway syslem provides 'convenien~ and safe access to the school and park sites'wifla widened sidewall~s provided along feeder slreeis. Internal street patterns with their, m~ny cul-de-sacs provide that children can walle tot he school and park on a trail system with ~-i~,~ street crossings, In addi~0n, at several maportant intersections, pedestrian walkways are provided through blocks to imlc to the mustrafive'Concept Plax The VHlage of'Victori~ Arbor~ VICTORIA COlVI~ PLAN- AlVlENDlVIENT Village of ¥ictoria Arbors, Ciiy of Rauch0 CUeamonga, Califoraia Sanuary 1'8, 2002 RESIDENTIAL LAND USE IN VICTORIA ARBORS ~ . Thea~ will be a mix of housing types provided.in Victoria. This. singleJ~am{ly is oriented around the school and park sites end is couSistentwith the meami{y ~ of "' the village and adjaccntresidenfial areas ~o the west, north and east. Multi family housing will provide a trausitional use ~ the shlgle f~mHy residential and commercial and civic uses. Multi.F~m{ly residential will be provided west 'of Day Creek Boulevard, which will be fronted along the Boulevard by mixed use. This mix of housing types will provide more choices W future residents and is consistent with p!a,m~ed and adjacent uses. The following residential land use densities are pla~ed: ' · .L -.l°w (2-4 dwel{{,~ units per a~re) . . · LM - low-medium (4-8 dwe{{{n~ units per. a~r~) · M - medium (8-10 dwelling units per iu:ro) · H - high (24-30 dWeI{in~ units perac~) TRANSITION OF RESIDENTIAL DI~IStTY Resi~ density will transition f~om themor~ rural fc~lln~ area around the winery and vineyards W the nort~ to smaller and attached h°mesn~ar the n~ downtown in the SOuth. Due to the more rural character and a ~mily orientation, low-medium density housing . w/Il be the most common u~ in tho north half of the' viiiage. The eriendw' use of cul- Page 15, de-sacs will provide safe public space for chfldren and necessitate some vm'imion in lot. sizes and confgm'ation. A row 0flarg¢ (approximately 14,000 square foot) lots will f~ont on Etiwancla Avenue to conform to other l~g¢ lots that exist along th~ nmd · s~.~ while being accezsed from their backs from w~tliin Victoria Arbers. All homes, .. which back onto major arterial and secondary highways, will be buflL-md'with a landscaped slope easement and wall. Medium-high to high.resicle~al uses will occur in the residential mixed use area adjacent to the downtown, Victoria Gardens. This area will include alIached residential . dwellings, retail, office and civic uses. It will create.an eXcitln..% urban living environment that will form a symbiotic relationship with the downtown, extending activities into the evenin~s~. 'Addiiional medium'high density and possibly high density senior housing will occur west of Day Creek Boulevard and SOuth of Church Sireet, behind a strip ofmlxed use area. This strip of mixed uses may include attached residential and/or ~ uses. A Master Ptan'f0r the downtown area, Victoria Gardens, has been prepared as part of the first development plan submittals for residential uses and mixed re'mil/officedresidenfial uses. This Master Plan in¢!udes a development (land use) . con~ for location and configuration of residential,' civic, commercial, and ~ uses. Page 16. .. Village of Victoria Arbors, CiO/of Rancho.Cucamonga, C~lifornia Sanum7 18, 2002 '. REGIONAL 'CENTER IS URBAN FOCUS FOR VICTORIA The new downtown will be the commercial focus of Victoria and'of the region, · exttmding beyond the City ofRancho Cucamonga to include Western San Bemardino CoUnty. It is important that this center, fulfill its role as the active terminus of the ' commlmity-wid¢ open spa~ system, and as an outsta~rling regional cOmmer~ild. facility. To accomplL~h these goals, the regional crater will be designed as ~ · downtown, Main Street concept..An array of department stores and commercial, retail' and civic uses will be complemented with am'active public spaces includin__g .a Town Green which is connected to en urban squere - Town Square. This combination of the co~unity will make this downtown a unique place that will function es the focus of thC Village of Victoria Arbors and the ~ beast of Rancho Cucamonga. Thc regional ce°tot will be smToUnded by civic, mixed use and multi-~mily re~ideotial uses which will serve to su~n thc retail uses. Furth~ore, the o~n space coniaor-' in the form of the village's landscaped boulevard/pedestriea way - will conveniently . · the downtown Once the~, visitors will tmjoy a grea~ variedly of activities f~om to to to le g. win uveay ~ scc~ with both regional end epecielty retail end co,~e~ciel/offico, uses complemented with restaurants and service cornmel'ciaL ?edcs~trian-ffiendly amenities along the downtown streets Witl include l~ket l~erks; OU~tOOr resteunt~, benches, Pa~e 17. VICTORIA coMMuNITY PLAN - AMENDMENT Village of ¥ictoria Arbors, City of Rancho Cueamonga, California January 18, 2002. PUBLIC TRANSPORT AND MASS-TRANSIT The Village of Victoria Arbors will accommodete several l~vels of public tran.qportsfion A shultl~'system could potentially operate within the retail aree, taking visitors from parking fac/lit/es located in periPheral areas of the commercial center to the regional center. Local public Wansit services could serve residents of Victoria · Arbors as well as provide a direct physical connection of the winery to the new · downtown In addition, this regional downtown could co~t,,in a central transportation node for Public buses tO serve not Only.the Village but also the region.. .. In order to make the.best use of space in the regional center and in order to maintain. relatively short walking distances within downtown, the use of parking si~uclures is. permitted and may be necessary.. As the regional center develops over time, parking structures probably would be built to accommodate future mi~ed-use development. Most likely, the parking: structures would comprise a few levels, they would be naturally ventilated wherever possible, and they Would need to be light~ airy, and secure for the usm... COMM-jN1TY FACILITIES The Victoria ~ommunlty Plan will provide specific fedlities to meet community needs: These facilities will be conveaient to village'residents and will minlmi~e dependence on facilities outside the COmmUnity. These facilities include schools, pal~ t~ls,/Hld communi~y-s~.ilg rets~l in v[Llago comme,~,i/~l c~nters and tho now downtown area. 'A Children's theater, a library, and a town green ~re to be provided in the downtown, Victoria Crardens. . ~. Pn~e- 18.· PARKS ~ND OPEN SPACE Parks.and open space have been integrated into the c°mm,udty to form the and identity of each individual village, as wcli asVictoria as a whole. This will be aCCOmplished by l°cafing park and commRBity fagilitie~ at the CA~t~T of eac~l villago, conn/x~ag the residential areas to the c~n~al facilities via an extensive trail system, and then connecting each village open space through the viCtori~ Linear Park Vilhge parks in residential areas will be large enough to accommodote facilities for ~ by all. village residents. Placing parks next to school playgrounds and facilities will also ' ma~miTe efficient use of.community open space. .. There is a wide variety of open spaces in the Village of Victoria Arbors. In addition to the ex'temive tr~0s and parkways described earlier, the village has a 7.5'acre neighborhood parle, a 1.5 acre restored wetland park, and a prominent, north/south oI~n spac~ corridor that extends from the winory into thcheart -of the downtown ma!!. This gx~nway COnsists of an extensively landscaped boulevard (Arbor Lane) with a wide median slrip with a trail that extends from a formal turnaround at the neighborhood park~ near the winery, to tbe be~nn{ng of the m/xed use area near the regional downtown. At this point and continuing south, the corridor becomes ~ Town With thin variety of ~ space and park amenities, the village of Victoria Arbors provides many recreational opportunities for both residents and visitors. The park, adjacent to the landscaped boulevard, will be easily accessible to nearby reside~ but. is also located along the regiohal trail Systen~ The adjo{-{~g wetlands park is also .. · along the regional trail system from Victoria Gardens Lane. More urban public space Page 19. VICTORIA COMMUNITY PLAN- AMENDMENT ' ' Village of Victoria Arbors, City of Rancho Cucamonga, California January 18~ 2002 -' · can be found within the regional cen~r with i~ Town Green, ToWa Square and pocket parks loca~d along the main comme~cial street. The doWntown~ main streets area will have generously landsCaPed sidewalks and planters, which When added to the small parks~ the Green and the Square? will make the ~,~ional center the Victoria C-ardens. sCHOOLS Schools have bean planned for Victoria to comple~nent and reinforce the open space system~ They Will be loCated close to the village parks in residential neighborhoods,. and access by foot or bicycle via the trail system is assured... Joint use of sshool activity for ~'illage activities. . ' .. . These goals are thoroughly implemented in Victoria'Arbors. The ten-acre elementary school is adjacent to the park and accessible by car, bus, shuttle, bicycle, or on foot. The school is just off the regional ~ system that enters the village fxom the north at Victoria Crardens Lane and is directly adjol,ln~ the trail that hms east from the beulevard/0Pan sPace corridor. The school's central location within the vill~e and inclusion in a central open space with a park and restored wetlands site giw it a prominent and efficient location with uniqUe recre~tioueI and educational · ' opportunitieS. Page 20.. V~CTORIA COMMO'hUTY PLAN- ~rDi~rr Village of Victoria Arbors, Cfly of Rancho Cucamonga, California January 18; 2002 ~Churches can be accommoa.t,-d in ~he Village of Victoria Arbors in the following ways: a. Sha~ed'fac/]/tie~ ~t local schools. Though th~ is not a suitable permanent solution, it can serve temporary needs. ' b..The reg/olm[ retail area and mi~ed.use areas of thc plan, are l~miss/ble locations for churches. They can Share use of comm~*ial parking durln__g off-houts. c. Condominium churches permit joint use church complexes and a reduced land cost for church groups. Such innovative use and plans are encouraged within the CONSERVATION OF R.ESOURCE.~ Within ~he Villagez of thc Vi~oxia Co-~-~unity Plan, many elem~nt~ have been slructured to provide for the'conservation of resoUrCe. This will'be a~complished in the following waYS. 1. Use water for plant materials where the community benefits most Water will i~ conserved wh~Ver possible by using low maint~'~ or drough~ ' tolerant plant mata~\ . Cons~mg water'in naau'ati~e,d areas will allow th~ usa.of water Wh~ it will b~ most needed for more intense community use, such as in parks and water fea~.s. The Pa~e WCTO~ COM~ ~,L~_ zavm~rv~m~rr .'. Village of Victoria Arbors, City of Rancho Cueamonga, Califor~a Sanuary 18, 2002. parks and schools; therefore, will have some extensive lawn areas, Which require regular watering. 2. Extensive trail system encourag~ use ofbicycles and pedestrians Trail s~stems work best wh~r~ they connect the C.~mrrllJ~i~y residers to the places they use most. The trial system in Victoria is extensive and will provide' the connecti°ns that provide the best options for residents and visit°rs. Direct accesS'is provided to local parl~ and schOOls, to village commercial centeI~, to regiOnal trails and Open space and to other villages. 'On a regional level, connections will be made to the gommlmity's major COmmercial ggl~ter~, to the developing'industrial center and to neighboringTerra Vi~. , The Village 0f Victoria Arbors provides pedestriaUS and bicyclists an array of choices that do not necessitate us~ of a car. In addition, to the regional trail system that enters the village from thc north at Victoria Gardens Lane, pedestr~ and .bicyclists can travel along thc landscaped b0ul~vard as they move south towards the downtown mixed-use are~ Once aniving in the downtown, the pedestrian pathways continue through and termlnzte at the Town Green. The extensive sys~m of inter-village trails ~ and walk'ways also proVide acc. ess to the park, schooi and wetlands park. A shuffle ' ' syst~n is P°ssibl¢ for in~-vm~e ~v¢~ go~ from thc turnaround n~r the win~, accessing the school and park, and ending within thc downtown regional center. The shuttle system shodd be coordinated with a park~ug facility in the new downtown so. system combined with a shuttle could reduce automobile traffic and improve air Page 22. PLAN EVOLVES' THROUGH TIME The Purpose of this section is to .explain how residential density ~nd the mount of acreage devoted to the land uses proposed can work together, to make the Victoria Community'Plan a reality. As the plan iS presented here, the optimum resideraial yield is 8,255 dwelling units, Or approximately 8.64 residential dwelling units per acre within the residential portion of the plan.ed community. SUMMARY OF LAND USE ACREAGE : The acreage figures found on the Land Use Acreage Table on the foll0wing page, represet the proportions devoted to each land use as shown on the Land use Pla~ These calculations are based on current plans and are subject tO corrections based on more refineat data as it is available, .... ( mend) ' Insert Graphic- Land Use for Victoria Arbors - September 2000 '.' ( mend and amched) ' :" Insert Graphic- Proposed Land Use for Victoria Arbors (amended and attached)' ' Page 23. LAND USE FOR VICTORIA ARBORS - SEPTEMBER 2000 H=H~ PROPOSED LAND USE FOR VICTORIA ARBORS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLYAPPROVING TENTATIVE PARCEL MAP 15716, A REQUEST TO SUBDIVIDE 175 ACRES OF LAND INTO 97 PARCELS AND 39 LETTERED LOTS (PRIVATE AND PUBLIC STREETS) TO ACCOMMODATE THE PROPOSED PROJECT KNOWN AS VICTORIA GARDENS ON APPROXIMATELY 175 ACRES OF LAND THAT IS GENERALLY BOUNDED BY FUTURE CHURCH STREET TO THE NORTH, FOOTHILL BOULEVARD TO THE SOUTH, 1-15 FREEWAY TO THE EAST, AND THE FUTURE DAY CREEK BOULEVARD TO THE WEST AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-161-35,36 AND 38; 227-171-22 AND 23; 227-201-30, 33, 35, AND 36; AND 227-211-24 AND 39 THRU 43. A. Recitals.. 1. Forest City Development California, Inc. filed an application for the approval of Tentative Parcel Map 15716 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request is referred to as "the application." 2. On January 9, and continued to January 23, 2002, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date and recommend that the CityCouncil approve the application. 3. On February 20, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 4. AIl legal prerequisites prior to the adoption ofthis 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 City Council during the above- referenced meeting on February 20, 2002, including written and oral staff reports, this Council hereby specifically finds as follows: a. The application applies to property generally bounded by future Church Street to the north, future Victoria Gardens Lane and the 1-15 Freeway to the east, Foothill Boulevard to the south, and future Day Creek Boulevard to the west; the site is presently vacant, unimproved land. b. The property to the north of the subject site consists of vacant land planned for single-family residential development within the Victoria Arbors master planned development within the Mixed Use district; Foothill Boulevard lies immediately to the south with the property to the south across Foothill Boulevard consisting of vacant, unimproved property with a Regionally Related Office/Commercial designation; the preperty to the east is vacant to be designated Mixed Use per CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. Februa~20,2002 Page 2 the related Victoria Community Plan Amendment 01-01 and the 1-15 Freeway; and the property to the west consists of a utility corridor and flood control channel and existing single-family residential development commonly referred to as the "Rochester Tract" with a Mixed Use and Low-Medium Density residential designation. 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 paragrephs 1 and 2 above, this Council herebyfinds and concludes as follows: a. That the Tentative Parcel Map is consistent with the Victoda Community Plan and . the Generel Plan. b. That no improvements are proposed with this subdivision, which is intended for financing and conveyance purposes only. c. That the site is ph~,sicelly suitable for the proposed future development. d. That the Proposed subdivision will not ceuse substantial environmental damage or public health problems or have adverse effects on abutting properties. 4. Based upon the facts and information contained in the "Final Environmental Impact Report for Victoda Gardens SCH No. 2001031028," together with all written and oral reports, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment beyond those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. a. That the "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Environmental Impact Report prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Environmental Impact Report ,~ith regard to the application. b. The "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," identifies that all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project with the exception of those impacts related to air quality and traffic that are significant and unavoidable and will, therefore, necessitate a Statement of Overriding Considerations by the City Council. 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 "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028" 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 "Final Environmental Impact Report for Victoria Gardens SCH No. 2001031028," 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-l-d) of CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 3 Title 14 of the California Code of Regulations and adopts a Statement of Overriding Considerations relative to significant unavoidable impacts related to air qualityand traffic. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, the City Council hereby approves the application subject to each and every condition set forth below and the standard conditions attached incorporated hereto bythis reference: Planninq Division 1) The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2) This Tentative Parcel Map shall expire, unless extended by the Planning Commission, unless a complete final map is filed with the City Engineer within three years from the date of the approval. 3) All Conditions of Approval contained in Development Agreement 01-02 shall apply. 4) The approval of Tentative Parcel Map 15716 shall be contingent upon, and shall not be effective until, the Ordinance approving Development Agreement 01-02 is effective. 5) The future building to be located on Parcel 68 shall comply with the building, parking, and average landscape setbacks per the Development Code. 6) All environmental mitigation measures per the approved Mitigation Monitoring Program, shall apply. 7) All interior streets, drive aisles, and pedestrian pathways shall comply with the applicable provisions of the Americans with Disabilities Act to the satisfaction of the City Planner, City Engineer, and City Building Official. Enqineerinq Division THE ENGINEERING SPECIAL CONDITIONS SHALL TAKE PRECEDENCE OVER ENGINEERING STANDARD CONDITIONS: 1 ) Foothill Boulevard at 1-15 Freeway on/off ramps: CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. Februa~ 20,2002 Page 4 a) Provide a southbound off-ramp free right-turn only lane with a "pork-chop" channelization island. b) Construct a free right-tum lane for eastbound Foothill Boulevard to southbound 1-15 Free~ay. c) Modify traffic signal, as required. 2) Foothill Boulevard at Day Creek Boulevard: a) Provide a westbound free right-turn lane. b) Provide two westbound left-turn lanes 200 feet in length with a 120-foot taper. c) Provide two eastbound left-turn lanes 420 feet in length with a 120-foot taper. d) Provide a southbound free right-turn lane 200 feet in length with a 120-foot taper. e) Provide northbound and southbound bus bays on Day Creek Boulevard. f) Provide eastbound and westbound bus bays on Foothill Boulevard. g) Provide three southbound left-turn lanes, one southbound through, and one southbound free right-turn lane. h) Provide an 8-foot wide median to serve as a pedestrian refuge on the north leg of this intersection subject to City Engineer approval. 3) Foothill Boulevard between 1-15 Freeway and Day Creek Boulevard: a) To be improved to the City's and Caltrans "Major Divided Highway" standards. (Typical mid-block section curb-to-curb = 20 x 12 x 12 x 14 x 14 x 14 x 12 x 12 x 20 feet, except at intersections). b) Provide curb, gutter, and sidewalk, as required. c) Provided raised landscaped medians. d) Median openings will not be allowed between Day Creek Boulevard and 1-15 Freeway. e) Provide 16,000 lumen HPSV streetlights, as required. CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 5 f) Provide R26(s) "No Stopping AnyTime" signs, as required. g) Provide signing and striping, as required. h) Foothill Boulevard, west of Day Creek Boulevard, shall be constructed full width and transitioned to join e~isting subject to City Engineer Approval. 4) Day Creek Boulevard at Victoria Gardens Lane: a) Provide a northbound free right-tum lane. b) Provide a northbound left-turn lane 200 feet in length with a 90-foot taper. c) Provide a southbound left-tum lane 300 feet in length with a 90-foot taper. d) Provide two westbound left-turn lanes 320 feet in length with a 120-foot taper, one left and through shared lane, and a separate right-turn lane. The taper for the westbound right-turn only lane shall begin at the end of curb retum of Private Drive "A." e) Provide a traffic signal. 5) Day Creek Boulevard at Church Street: a) Provide a northbound left-turn lane, three through lanes, and one separate right-turn lane. b) Provide a northbound left-turn lane 350 feet in length with a 120-foot taper. c) Provide a northbound right-turn lane 200 feet in length with a 60-foot taper. d) Coordinate with the American Beauty project so that striping will line up across this intersection. e) Provide a traffic signal. 6) Day Creek Boulevard at Private Drive "L" (North Main Street): a) Provide two southbound left-turn lanes 375 feet in length with a 120-foot taper. b) Provide a northbound left-turn pocket 250 feet in length with a 90-foot taper. CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 6 c) Provide for northbound and southbound bus ba~s. d) Provide a traffic signal. 7) Day Creek Boulevard at Private Drive "V" (South Main Street): a) Provide a southbound left-turn pocket 275 feet in length with a 120-foot taper. b) No northbound left turns or eastbound left tums will be permitted. c) No eastbound or westbound through traffic will be permitted. d) Provide a traffic signal. 8) Day Creek Boulevard between Foothill Boulevard and Church Street: a) To be improved to the City's "Major Divided Arterial" standards. (Typical mid-block section curb = curb 16 x 11 x 13 x 14 x 13 x 11 x 16 feet, except at intersections) b) Provide curb, gutter, and side~elk, as required. c) Provide raised landscaped medians. Median openings will only be allowed at signalized intersections. d) Provide bike lanes on Day Creek Boulevard. e) Provide streetlights, as required. (residential, 9500 and commercial 16,000 lumen HPSV) f) Provide R26(s) "No Stopping AnyTime" signs, as required. g) Provide signing and striping, as required. 9) Church Street at Victoda Gardens Lane: a) Provide an eastbound left-turn lane 200 feet in length with a 90-foot taper. b) Provide a separate eastbound right-turn only lane 200 feet in length with a 60-foot taper. c) Provide two westbound left-turn lanes 250 feet in length with a 120-foot taper. d) Provide one northbound left-turn lane, one through lane and separate right-turn lane. //5'2 CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20,2002 Page 7 e) Provide a northbound left-turn lane 300 feet in length'with a 120-foot taper. f) Provide a traffic signal with northbound right-turn ovedap phasing. g) Provide a continuous raised median island 4 feet in width on Victoda Gardens Lane from Church Street to Pdvate Ddve "L" (North Main Street). The curb-to-curb width of the street shall be 68 feet. 10) Church Street at "unnamed street" east of Victoda Gardens Lane: a) Provide a driveway for the future development located on the southeast corner of Church Street and Victoria Gardens Lane. This driveway shall align with "unnamed street." b) Provide westbound left-turn lane 200 feet in length with a 90-foot taper. 11) Church Street between Victoria Gardens Lane and Etiwanda Avenue: a) To be improved to the City's "Modified Major Arterial" standards (Typical mid-block section curb to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). Modifications to the existing 1-15 Freeway support system may be required. b) Provide curb, gutter, and sidewalk, as required. c) Provide a raised median on Church Street, between Victoda Park Lane and Etiwanda Avenue. d) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). e) Provides R26(s) "No Stopping AnyTime" signs, as required. f) Provide signing and striping, as required. g) Provide bike lanes on Church Street. 12) Church Street between Victoria Gardens Lane and Day Creek Channel: a) To be improved to the City's "Modified Secondary Arterial" standards. (Typical mid-block section curb to curb = 20 x 12 x 14 x 12 x 20 feet, except at intersections). b) Provide curb, gutter, and sidewalk, as required. CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 8 c) Provide streetlights, as required (residential, 9500 and commercial 16,000 lumen HPSV). d) Provide R26(s) "No Stopping AnyTime" signs, as required. e) Provide signing and striping, as required. 0 Provide bike lanes on Church Street. 13) Victoria Garden Lane at Private Drive "L" (North Main Street): a) Provide a northbound left-turn lane 300 feet in length with a 120-foot taper. b) Provide a southbound left-turn lane 200 feet in length with a 120-foot taper. c) Provide a continuous raised median island 4 feet in width from Private Drive "L" (North Main Street) to 300 feet south of Private Drive "L" (North Main Street). The curb-to-curb width of the street shall be 68 feet. d) Provide a traffic signal. 14) Victoda Gardens Lane at Pdvate Drive "11": a) Provide an eastbound left-turn lane 300 feet in length with a 120-foot taper. b) Provide a traffic signal. 15) Victoria Gardens Lane at Private Drive "J J": a) Provide an eastbound left-turn lane 260 feet in length with a 90-foot taper. b) Provide a westbound left-turn lane 200 feet in length with a 90-foot taper. c) Provide a raised median island 340 feet in length east of Private Ddve "JJ." d) Provide a traffic signal. 16) Victoria Gardens Lane between Church Street and Day Creek Boulevard: CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. February 20, 2002 Page 9 a) To be improved to the City's "Modified Major Arterial" standards. (Typical mid-block sec'don curb to curb = 64 feet (16xllx10xllx16 feet), or 68 feet where a raised median island is required. b) Provide curb, gutter, and side~elk, as required. c) Provide streetlights, as required (residential 9500 and commercial 16,000 lumen HPSV). d) Provide R26(s) "No Stopping AnyTime" signs, as required. e) Provide signing and striping, as required. f) Provide for bike lanes. 17) Lot "B" (Arbor Lane) at Church Street: a) Provide eastbound and westbound left-turn lanes 200 feet in length with a 90-foot taper. b) The north/south through lanes must align and coordinate with the American Beauty Project. c) Provide two northbound left-turn lanes 100 feet in length with a 120-foot taper. d) Provide for bike lanes. e) The first 50 feet of lane lines and curb south of Church Street shall be parallel to the centerline. f) Use a 20:1 taper for lanes and curb on Arbor Way from Church Street to Lot D beyond the first 50 feet. g) Alternate improvement standards to those listed above, (16a through 160, may be considered subject to satisfaction of the City Engineer. 18) Foothill Boulevard, Day Creek Boulevard, Church Street, Lot MM, Lot KK, Lot D from Day Creek Boulevard to Arbor Lane (Lot B), Lot B and Victoria Gardens Lane shall be public streets. All other internal lettered lots shall be considered to be prkete drive aisles. 19) Lot D from Day Creek Boulevard to Arbor Lane (Lot B) and Lot B shall be maintained by the developer through a maintenance agreement approved by the City Engineer. CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST ClTY DEVELOPMENT CALIFORNIA, INC. February20,2002 Page 10 20) The developer shall make a fair share contribution for mitigation of Traffic impacts outside the jurisdiction of the City in the following amounts, prior to recordation of map: a) Etiwanda Avenue at Slover Avenue - $10,700. b) Cherry Avenue at Base Line Road - $29,400. c) Cherry Avenue at Foothill Boulevard - $52,500. d) Foothill Boulevard at Etiwanda Avenue - $67,720. e) Etiwanda Avenue at San Bernardino Avenue - $10,344. 21) Traffic signals within the vicinity of this project shall be interconnected. Interconnect shall be provided to future signals. 22) Provide an on-street master controller and telephone drop. 23) Provide traffic signal coordination timing for the moming and night peak periods using the Synchro and Sim traffic software program. Traffic model data shall be provided to the City on 3.5 diskettes. 24) The City "Driveway Policy" shall be in accordance with the approved Master Plan on Victoria Gardens Lane. 25) Bus bays shall be provided at the following locations: northbound and southbound on Day Creek Boulevard at Foothill Boulevard, Church Street, and North Main Street. 26) Bus Bays shall be provided eastbound and westbound on Foothill Boulevard at Day Creek Boulevard. 27) A Fire Department access circular plan shall be approvgd by the Fire Department. 28) All crosswalks at intersections need to be setback at least 1-foot from traveled way. This is to prevent pedestrians from being hit by parallel through traffic. 29) Reciprocal access for ingress and egress is required for all parcels not having access to a public street. 30) Internal private drive aisles: a) Provide curb, gutter, sidewalk, and driveways, as required. b) Provide signing and striping, as required. CITY COUNCIL RESOLUTION NO. TPM15716 - FOREST CITY DEVELOPMENT CALIFORNIA, INC. Februa~20,2002 Page 11 c) Driveways into parking lots shall be a minimum of 100 feet from intersections. d) Only one mid-block pedestrian crossing will be permitted between street intersections. 31) The developer shall install landscaping to Caltrans standard on the west side of the 1-15 Freeway from westedy of the southbound off-ramp at Foothill Boulevard to Etiwanda Avenue, which will be maintained by Caltrans. In the event that Caltrans does not accept the landscaping for maintenance, the developer shall provide for maintenance for a 20-year period as approved by the City Engineer. 32) Staff attempted to address all streets and intersections. If any were overlooked, then those missed shall be designed with the general intent of the other locations around the mall. 33) The Comrounity Facilities District is constructing a large portion of the off-site facilities. Any off-site requirement not constructed with the CFD is subject to developer-to-developer reimbursement. Submit for reimbursement agreement within six months of acceptance by City or all rights to reimbursements are ~id. 34) Special medians, such as Foothill Boulevard median, will require electrical power to facilitate community programming slated for the median/street. 35) Landscape Maintenance Distdct areas shall have a maximum of 3:1 slopes with maximum retaining wall of 30 inches, except the east side of Day Creek Boulevard shall have maximum slope of 4:1. Top of slope and toe of slope shall have a minimum 1-foot fiat area to pedestrian walkways, 2-foot fiat area at top of slope for larger slopes, per City standard. 36) Parkways shall be 2 percent from the top of the curb to the back of the walk. 37) All utilities off-site and on-site shall be handled according to the underground utility policy. Utilities on the opposite sides of the streets fronting the project shall have fees paid in accordance with the policy. Utilities on the project side of the street fronting the project shall be undergrounded in accordance with the policy. 6. The City Clerk shall certify to the adoption of this Resolution. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: VICTORIA GARDENS REGIONAL CENTER SUBJECT: TENTATIVE PARCEL MAP 15716 APPLICANT: FOREST CITY DEVELOPMENT CALIFORNIA, INC. LOCATION: NORTHWEST CORNER OF FOOTHILL BOULEVARD AND 1-15 FREEWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, /__/ its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Parcel Map. No. 15716 is granted subject to the approval of DA01-02 ~ / and VCPA01-01. 3. A copy of the signed Resolution of Approval and all Standard Conditions, shall be included in ~ / legible form on the grading plans, building and construction plans, and landscape and irrigation plans submitted for plan check. B. Time Limits 1. This tentative parcel map shall expire, unless extended by the Planning Commission, unless /~ a compiote final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved Victoria .__/ /__ Gardens Master Plan on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Victoria Community Plan. 2. Prior to any use of the project site or business activity being commenced thereon, all ___/ / Conditions of Approval shall be completed to the satisfaction of the City Planner. SC-11-01 I Project No, TPM15716 Completion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code / / and State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ~ / consistency prior to issuance of any permits (such as grading, tree removal, encroachmen! building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance beyond the associated amendments to the Victoria Community Plan and the Development Agreement 01-02. 6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single family residential developments, transformers shall be placed in underground vaults. 7. Street names shall be submitted for City Planner review and approval in accordance with the /.__/ adopted Street Naming Policy prior to approval of the final map. 8. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for City Planner review and approval prior to approval and recordation of the Final Parcel Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 9. All parkways, open areas, and landscaping shall be permanently maintained by the property .~ / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 10. The developer shall submit a construction access plan and schedule for the development of / / all lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 11. For multiple family development, a minimum of 125 cubic feet of exterior Iockable storage / / space shall be provided. 12. Where reck cobble is used, it shall be real river rock. Other stone veneers may be /..~ manufactured products. D. Shopping Centers 1. The Master Plan is approved. Future development for (each building pad/parcel) shall be _._/ /__ subject to separate Development/Design Review process for Planning Commission approval. Modifications to the Shopping Center Master Plan shall be subject to Planning Commission approval. 2. Provide for the following design features in each trash enclosure, to the satisfaction of the / / City Planner: a. Architecturally integrated into the design of (the shopping center/the project). / / b. Separate pedestrian access that does not require the opening of the main doors and to /_ / include self-closing pedestrian doors. c. Large enough to accommodate two trash bins. / / SC-11-01 2 Project No. TPM15716 Completion Date d. Roll-up doors. e. Trash bins with counter-weighted lids. f. Architecturally treated overhead shade trellis. .__/ / g. Chain link screen on top to prevent trash from blowing out of the enclosure and _~/ / designed to be hidden from view. 3. Graffiti shall be removed within 72 hours. / / 4. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 5. Signs shall be conveniently posted for "no overnight parking" and for "employee parking / / only." 6. All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants: a. Noise Level - All commemial activities shall not create any noise that would exceed an / / exterior noise level of 60 dB during the hours of 10 p.m. until 7 a.m. and 65 dB during the hours of 7 a.m. until 10 p.m. b. Loading and Unloading - No person shall cause the loading, unloading, opening, / / closing, or other handling of boxes, crates, containers, building materials, garbage cans, or other similar objects between the hours of 10 p.m. and 7 a.m. unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area. 7. Textured pavement shall be provided across cimulation aisle, pedestrian walkway, and plaza. They shall be of brick/tile pavers, exposed aggregate, integral color concrete, or any combination thereof. Full samples shall be submitted for City Planner review and approval prior to the issuance of building permits. 8. All future building pads shall be seeded and irrigated for erosion control. Detailed plans shall ~ / be included in the landscape and irrigation plans to be submitted for Planning Division approval prior to the issuance of building permits. 9. The lighting fixture design shall compliment the architectural program. It shall include the / / plaza area lighting fixtures, building lighting fixtures (exterior), and parking lot lighting fixtures. 10. Any outdoor vending machines shall be recessed into the building faces and shall not extend / / into the pedestrian walkways. The design details shall be reviewed and approved by the City Planner prior to the issuance of building permits. E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long. When a side of any parking space /.__ abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide. 2. All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall /.__ contain a 12-inch walk adjacent to the parking stall (including curb). 3. Textured pedestrian pathways and textured pavement across circulation aisles shall be /.____ provided throughout the development to connect dwellings/units/buildings with open spaces/plazas/recreational uses. 4. All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. SC-11-01 3 ~.~/. Project No. TPM15716 Completion Date 5. Plans for any security gates shall be submitted for the City Planner, City Engineer, and /. / Rancho Cucamonga Fire Protection District review and approval prior to issuance of building permits. For residential development, private gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way. 6. Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls. Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped. 7. Motorcycle parking area shall be provided for commemial and office facilities with 25 or more / / parking stalls. Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet. 8. Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily / / residential projects or more than 10 units. Minimum spaces equal to five pement of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces. Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent on the required automobile parking spaces with a minimum of a 3-bike rack. In no case shall the total number of bicycle parking spaces required exceed 100. Where this results in a fraction of 0.5 or greater, the number shall be rounded off to the higher whole number. 9. Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 pement of the total parking area. If covered, the vertical clearance shall be no less than 9 feet. F. Trip Reduction 1. Category 5 telephone cable or fiber optic cable shall be provided for office buildings and / / single-family developments of 500 or more units. 2. Shower facility accessible to both men and women shall be provided for persons walking or /.~/ bicycling to work for each project which meets the following thresholds: Commercial 250,000 square feet Industrial 325,000 square feet Office 125,000 square feet Hotels and Motels 250 rooms G. Landscaping 1. A detailed landscape and irrigation plan, including slope planting shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. A minimum of 30% within commercial and office projects, shall be specimen size trees - 24- inch box or larger. 3.Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking stalls. 4. Trees shall be planted in areas of public view adjacent to and along structures at a rate of one tree per 30 linear feet of building. SC-11-01 4 Project No. TPM15716 Completion Date 5. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than /.__/ 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 6. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or /___/ greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, l-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 7. For multi-family residential and non-residential development, property owners are responsible / / for the continual maintenance of all landscaped areas on-site, as well as contiguous planted areas within the public right-of-way. All landscaped areas shall be kept free from weeds and debris and maintained in healthy and thriving condition, and shall receive regular pruning, fertilizing, mowing, and trimming. Any damaged, dead, diseased, or decaying plant material shall be replaced within 30 days from the date of damage. 8. Special landscape features such as mounding, alluvial rock, specimen size trees, / /.~ meandering sidewalks (with horizontal change), and intensified landscaping, is required along all public street frontages. 9. Landscaping and irrigation systems required to be installed within the public right-of-way on /__/ the perimeter of this project area shall be continuously maintained by the developer. 10. All walls shall be provided with decorative treatment. If located in public maintenance areas ~ / the design shall be coordinated with the Engineering Division. 11. Tree maintenance criteria shall be developed and submitted for City Planner review and / / approval prior to issuance of building permits. These criteria shall encourage the natural growth characteristics of the selected tree species. 12. Landscaping and irrigation shall be designed to conserve water through the principles of / / Xeriscape as defined in Chapter 19.16 of the Rancho Cucamonga Municipal Code. 13. On projects which abut the 1-15 Freeway, the developer shall provide landscaping within the / / freeway right-of-way along the boundary of this project. The landscape and irrigation plans shall be prepared in conformance with Caltrans and City Standards through the City of Rancho Cucamonga. Plans shall be reviewed and approved by the City Planner and City Engineer. Landscape and irrigation shall be installed prior to the release of occupancy of the project. If final approvals and/or installation are not complete at that time, the City will accept a cash deposit for future landscaping of the Caltrans right-of-way. H. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of / / implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $1.000 prior to the issuance of building permits, guaranteeing satisfactory pedormance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. 2. In those instances requiring long term monitoring (i.e.) beyond final certificate of occupancy), / / the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of building permits. Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. SC-11-01 5 ¢~7 Project No. TPMf5716 Completion Date I. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location of mail boxes. Multi-family residential developments shall provide a solid overhead structure for mail boxes with adequate lighting. The final location of the mail boxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. General Requirements 1. Submit five complete sets of plans including the following: /__/ a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils __/ / report. Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Separate permits are required for fencing and/or walls. ___/ / 4. Contractors must show proof of State and City licenses and Workers' Compensation / / coverage to the City prior to permit issuance. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by / / the Building and Safety Division. K. Site Development 1. P~ans shall be submitted for p~an check and approved prior to construction. All plans shall be marked with the project file number (i.e., TPM15716). The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, Title 24 Accessibility requirements, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Please contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential dwelling unit(s) or major addition to existing unit(s), the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Checking Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3. Prior to issuance of building permits for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but are not limited to: Transportation Development SC-11-01 6 Project No. TPM15716 Completion Date Fee, Drainage Fee, School Fees, Permit and Plan Checking Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 4. Street addresses shall be provided by the Building Official, after tract/pamel map recordation ~ / and prior to issuance of building permits. 5. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / / through Saturday, with no construction on Sunday or holidays. 6. Construct trash enclosure{s) per City Standard (available at the Planning Division's public / / counter). L, Grading 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City /_~/ Grading Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to /. / perform such work. 3. The final grading plans shall be completed and approved prior to issuance of building __J / permits. 4. A separate grading plan check submittal is required for all new construction proiects and for ___/ /__ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The Grading Plan shall be prepared, stamped, and signed by a California Registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS; M. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dodicated to the City for afl interior public streets, community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public fecilitias (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on tha plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured ___/ / from street centarline): Varies total feet on Foothill Boulevard. __/ / Varies total feet on Church Street. / / Varies total feet on Day Creek Boulevard. / / Varies total feet on Victoria Gardens Lane. / / Varies total feet on Arbor Lane / / 65 total feet on Lot D /__/ 3. Comer property line cutoffs shall be dedicated per City Standards. 4. Reciprocal access easements shall be provided ensuring access to all pamels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map is involved. 5. Reciprocal parking agreements for all pamels and maintenance agreements ensuring joint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent with, the final parcel map. Project No. TPM15716. Completion Date 6. Private drainage easements for cross-lot drainage shall be provided and shall be delineated ~/ / or noted on the final map. 7. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on ~ / the final map. 8. Easements for public sidewalks and/or street trees placed outside the public right-of-way / / shall be dedicated to the City. 9. Additional street right-of-way shall be dedicated along right turn lanes, to provide a minimum / / of 7 feet measured from the face of curbs. If curb adjacent sidewalk is used along the right turn lane, a parallel street tree maintenance easement shall be provided. 10. The developer shall make a good faith effort to acquire the required off-site properly interests / / necessary to construct the required public improvements, and if he/she should fail to do so, the developer shall, at least 120 days prior to submittal of the final map for approval, enter into an agreement to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires the property interests required for the improvements. Such agreement shall provide for payment by the developer 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 these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. This condition applies in particular, but not limited to: Master Plan Storm Drain and off-site right-of-way. N. Street Improvements 1. All public improvements (interior streets, drainage facilities, community trails, paseos, /__./ landscaped areas, etc.) shown on the plans and/or tentative map shall be constructed to City Standards. Interior street improvements shall include, but are not limited to, curb and gutter, AC pavement, drive approaches, sidewalks, street lights, and street trees. 2. Construct the following perimeter street improvements including, but not limited to: ~ / Curb& A.C. Side- Drive Sb'eet Street Corem Median Bike Other IGu rl..m. I welk II ,.il I I.l .d I..,I Church Street X X X X X X X Day Creek Boulevard X X X X X X X X Victoria Gardens Lane X X X X X X X Arbor Lane X X X X X X Lot D X X X X X X Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 3.Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. SC-11-01 8 Project No. TPM15716 Completion Date b. Prior to any work being performed in public right-of-way, fees shall be paid and al __/ _/ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit ___/ / and interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or _~/ / reconstruction project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: (1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. (2)Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all corners of intersections per City / / Standards or as directed by the City Engineer. f. Existing City reads requiring construction shall remain open to traffic at all times with / / adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cress sidewalks. Under sidewalk drains shall be /~ installed to City Standards, except for single family rasidential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan / / check. 4. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in ___/ / accordance with the City's street tree program. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance witl' ___/ / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commemial or industrial driveways may have lines of sight plotted as required. 6. A permit shall be obtained from Caltrans for any work within the following right-of-way: / / Foothill Boulevard and 1-15 Freeway. O. Public Maintenance Areas 1. A separate set of landscape and irrigation plans per Engineering Public Works Standards / / shall be submitted to the City Engineer for review and approval prior to final map approval or issuance of building permits, whichever occurs first. The following landscaped parkways, medians, paseos, easements, trails or other areas shall be annexed into the Landscape Maintenance District: the medians within the perimeter public streets not constructed with the C.F.D. 2. Public landscape areas are required to incorporate substantial areas (40%) of mortared /. / cobbie or other acceptable non-irrigated surfaces. 3. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting ~/ / Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. 4. All required public landscaping and irrigation systems shall be continuously maintained by the ~ / developer until accepted by the City. SC-11-01 9 Project No. TPM15716. Completion Date 5. Parkway landscaping on the following street(s) shall conform to the results of the respective ~ / Beautification Master Plan Day Creek and Foothill Boulevards. P. Drainage and Flood Control 1. A final drainage study shall be submitted to and approved by the City Engineer prior to final ~__/ map approval or the issuance of building permits, whichever occurs first. All drainage facilities shall be installed as required by the City Engineer. 2. Adequate provisions shall be made for acceptance and disposal of sudace drainage entering / / the property from adjacent areas. 3. A permit from the San Bernardino County Flood Control District is required for work within its / / right-of-way. 4. Trees are prohibited within 5 feet of the outside diameter of any public storm drain pipe / / measured from the outer edge of a mature tree trunk. 5. Public storm drain easements shall be graded to convey overflows in the event of a blockage /.__/ in a sump catch basin on the public street. Q. Improvement Completion 1. If the required public improvements are not completed prior to approval of the final parcel map, an improvement security accompanied by an agreement executed by the Developer and the City will be required for: Parcel Map 15716. R. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water / / gas, electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / / Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bemardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. Approval of the final parcel map will be subject to any requirements that may be received from them. S. General Requirements and Approvals 1. Prior to approval of the final map, a deposit shall be posted with the City covering the ~ / estimated cost of apportioning the assessments under Assessment District TEA among the newly created parcels. 2. Permits sha~l be obtained from the following agencies for work within their right-of-way: / / SBCFCD and Caltrans. 3. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for / / all new street lights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. 4. Prior to finalization of any development phase, sufficient improvement plans shall be / / completed beyond the phase boundaries to assure secondary access and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the approved tentative map. sc.,.0, lo Project No. TPM15716 Completion Date APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-11-01 11 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0507-B PROJECT #: TPM 15716 PROJECT NAME: Victoria Garden Regional Center DATE: January 17, 2002 PLAN TYPE: Commedcal/Industdal APPLICANT NAME: Forest City OCCUPANCY TYPE: Group M, B, A (Mixed uses) FLOOR AREA (S): TYPE CONSTRUCTION: LOCATION: North of Foothill between Day Creek and 1-15 FD REVIEW BY: Steve Locati, Fire Protection Planning Specialist PLANNER: Brent Le Count ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (999) 477.2770, EXT. 3099, IF YOU HAVE QUESTIONS REGARDING THE FOLLOWING CONDITIONS: The following comments and conditions represent the minimum standard for Fire District approval of the project as submitted. These conditions are based upon review of the plans submitted. Although we have tried, not all Fire District requirements for the proposed project may be included. Additions to or changes in the project may result in additional or changed Fire District requirements. Please make the necessary changes or corrections pdor to resubmitting for review. "Bold" items identified below, as a "Required Note" shall be included as notes on plans resubmitted to the Planning Division to obtain Fire District approval. If your project is approved by the City of Rancho Oucamonga, all other Fire District conditions and comments must be addressed before construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Community Facilities Districts 1. Required Note: The project is located within a "Mello-Roos' Community Facilities District for fire protection services. B. Water Plans for Fire Protection 1. Prior to issuance of any building permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District. 2. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District. Plans and installation shall comply with Fire District standards. Contac the Fire Safety Division for a copy of "Fire District Notes for Underground and Water Plans." 3. Required Note: When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. 4. Required Note: The required fire flow for this project shall be 4000 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended, For planning purposes one fire hydrant is required per 1000 gallons of required fire flow. 5. Required Note: The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix Ill-B, as amended. 6. Public fire hydrants located with a 500-foot radius of the proposed may be used to provide the required fire flow subject to Fire Disthct review and approval. Private fire hydrants on adjacent property shall not be used to provide required flra flow. 7. If the system is pdvate the applicant shall do the following prior to the issuance of the building permit: a. Submit proof that provisions have been made for the annual testing, repair, and maintenance of the system. A copy of the maintenance agreement shall be submitted to the District. b. For developments with multiple owners, they shall establish a reciprocal maintenance agreement, that shall be submitted to the Fire District for acceptance. 8. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucemonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. C. Water Availability 1. Required Note: Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The Rancho Cucamonga Fire Protection District Water Availability for Fire Protection Form shall be completed by the Water Distdct and submitted for approva! by the Rancho Cucamonga Fire Protection District. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by the insufficient flow. D. Automatic Fire Sprinkler Systems 1. Required Note: Conditions set by the Fire District during the Environmental Impact Review to mitigate the impact on public fire protection services require that ALL structures and buildings require the installation of an approved automatic fire sprinkler system. E. Fire Access 1. Required Note: Fire District access roadways shall be provided for every facility, building, or portion of a building constructed when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150-feet from an approved fire distdct vehicle access. The distance is measured by an approved route around the exterior of the facility or building. 2. Fire District access roadways include public roads, streets, highways, as well as private roads, streets and designated fire lanes. 3. Commercial/Industrial and Multi-family Residential-Required Note: Prior the issuance of any grading permit, whichever occurs first, the applicant shall submit plans and specification for the approval of the Fire District for all Fire District access roadways to within 150 feet of all portions of the exterior of every structure on-site. 4. Roadways and Fire Lanes-Required Note: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all public and/or roads, streets, courts and cul-de-sacs from the Fire District Jn consultation with the Grading Committee. The plans shall include the plan view, sectional view, and indicate the width of the street or court measured flow line to flow line. All proposed fire apparatus tumarounds shall be cleady marked when a dead-end street exceeds 150 feet or when otherwise required. Applicable CC&R's, or other approved documents, shall contain provisions that prohibit obstructions such as traffic calming devices (speed bumps, humps, etc.), control gates, bollards, or other modifications in fire lanes or access roadways without prior written approval of the Fire District, Fire Safety Division. 5. Private Roadways and Fire Lanes-Required Note: The inside turn radius shall be 20 feet. The outside turn radius shall be not less than 50 feet. The minimum radius for cul-de-sacs is 45 feet. The minimum unobstructed width for a Fire District access roadway or fire lane is 26 feet. The minimum vertical clearance is 14 feet, 6 inches. At any entry median the minimum width of traffic lanes shall be 20 feet. 6. Dead-end Fire District Access Roadways-Required Note: Dead-end Fire District access roadways in excess of 150-feet shall be provided with approved provisions for the tuming around of fire apparatus. This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District. 7. Required Note: All portions of the facility or any portion of the extedor wall of the first story shall be located within 150feet of Fire Disthct vehicle access, measured by an unobstructed approved route around the extedor of the building. Landscaped areas, unpaved changes in elevation, gates and fences are an obstruction. 8. Approved access walkways shall be provided from the fire apparatus access road to extedor building openings. 9. Required Note: All buildings that have three or more stodes, or ara 30 feet in height shall be provided with fire apparatus access on at least two sides. Access to extedor walls shall extend from 5 to 50 feet horizontally, with no vertical obstructions. 10. Knox Rapid Enlry System: A Knox rapid enby key vault shall be installed pdor to final inspection. Proof of purchase shall be submitted pdor to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 11. Required Note: Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches from the ground up, so as not to impede fire vehicles. 12. A building or site directory shall be required, as noted below: Lighted directory within 20 feet of main entrance(s) to the site. Standard directory in building lobby. Other: 13. Required Note: Emergency access, a minimum 26 feat in width and 14 feet, 6 inches in height shall be provided and maintained free and clear of any obstructions at all times dudng construction, in accordance with Fire District Standards. 14. Pdor to the issuance of a building permit, the applicant shall submit plans and obtain approval from the Fire District for fire lanes on required Fire District access roadway less than 40 feet in width. When Fire Lanes aro raquirad by the Fire District the plans shall indicate the locations of red curbing and signage. A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved. Contact the Rancho Cucamonga Fire Protection Disthct at (909) 477-2770 for a copy of the "FD Access - Fire Lanes" standard. 15. New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during pededs of darkness. When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance. 16. In multi-unit complexes approved address numbers, and/or building identification letters shall be provided on the front and back of all units, suites, or buildings. The Fire District shall review and approve the numbering plan in coordination with the City of Rancho Cucamonga. F. Combustible Construction Letter 1. Required Note: Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site. The roadway shall be maintained at all times. G. Architectural Building Plans 1. Prior to the issuance of a building permit the applicant shall submit plans for the review and approval of the Fire District. Call the Fire Construction Services Unit at (909) 477-2713 for any required notes to be placed on the plans prior to submittal. H. Fire District Service Fees* 1. The following fees may be applicable to this project and are being identified at this time to assist the applicant in planning for future costs. Other comments in this letter identify fire protection features or other required installations subject to approval by the Fire District. The fees for these additional plan reviews are to be paid at the time plans submitted. When the required plans are submitted the following fees will be assessed by the Fire Safety Division: ** $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $66 Fire District Access Review (Includes Fire Lane Plans) $132 Minor Development Review Fee (MDR) (Remodel/Tenant Improvement) $132 Conditional Use Permit Fee (CUP) $132 for Water Plan Review for Public Fire Protection $132 for Private Fire Mains or Fire Sprinkler Underground Water Supply $677 (per new building) for New Commercial and Industrial Development ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. * Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. 2. The following service fees are due to the Fire District and payable at this time: $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $132 Fire District Review of Tract or Parcel Maps other than Single-family Residential Tract $2f4 - Total due at this time. Remit payment by check made payable to the "Rancho Cucamon,qa Fire District." ** Plus a microfiche/laser-fiche fee of $1.00 per plan sheet for all final plans approved by the Fire Safety Division. *Note: Separate plan check fees will be assessed by the Fire Construction Services unit for review of tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews upon submittal of plans. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon approved use(s): a. General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property. b. Operate a place of public assembly. c. To install any access control device, system, or any material under, upon or within the required fire district access roadway. This includes any gate, barrier, traffic-calming device, speed bump, speed hump or any device that delays or slows Fire District response. d. High piled combustible storage. e. Candles and open flame in public assembly. J. Plan Submittal Required Notice 1. Plans shall be submitted and approved prior to construction in accordance with 1997/98 Building, Fire, Mechanical, and Plumbing Codes; 1999 Electrical and RCFPD Ordinances FD15 and FD32, Guidelines and Standards. NOTE: In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. K. Other Fire District Requirements or Comments 1. NOTE: Compliance with Fire District mitigation measures identified in Environmental Impact Report. Fire District Conditions of Approval- Template SL 10/24/01 Revision I~ A N C H O C U C A M O N G A P~DEVghODMENT AGI~NCY Staff Report DATE: February 20, 2002 TO: Mayor and Members of the City Council Chairman and Redevelopment Agency Members Jack Lam, AICP, City Manager/Executive Director FROM: Linda D. Daniels, Redevelopment Director SUBJECT: CONSIDERATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS-C, L.L.C. FOR THE DEVELOPMENT OF A REGIONAL SHOPPING CENTER AND ANCILLARY OFFICE, COMMERCIAL AND RESIDENTIAL USES ON PROPERTY GENERALLY LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF THE 1-15 FREEWAY. RECOMMENDATION: Approval of a Resolution authorizing the Redevelopment Agency Chairman to execute a Disposition and Development Agreement (DDA) between the Rancho Cucamonga Redevelopment Agency and Victoria Gardens-C, EL.C, for the development of a regional shopping center and ancillary office, commercial, and residential uses on property generally located north of Foothill Boulevard, west of the I-15 Freeway. BACKGROUND: In January 2001, the Redevelopment Agency accomplished a major milestone in the development of a regional shopping center by approving a Memorandum of Understanding (MOU) with Forest City Development and Lewis Investment LLC. The MOU outlined the general scope, design and financial structure for development of a regional shopping center and ancillary uses on approximately 147 acres of land. Over the course of the next 12 months, the Agency and City worked closely with the development team in the creation of a unique Master Plan to reflect the City's vision for a premiere shopping and cultural center to benefit the entire region. These discussions have culminated in the actions before the City Council and Redevelopment Agency including a Disposition and Development Agreement, which provides the terms and conditions for the Agency's sale of the land to the developer. The following provides an overview of the project, Agency and Developer participation, and overall community benefit. THE PROJECT Victoria Gardens has been designed as a "Main Street" shopping center unlike any other in the Inland Empire. Whether you choose to visit this center for shopping, dining, or civic activities, each visit will be a new experience. As you enter, you will have the opportunity to create your own starting point based on the destination attractions and activities that appeal to you. It's a place where a family can stroll along the tree lined avenues to the plaza and enjoy a music festival. Or, on a lunch hour, a dentist from a nearby office can dine in an outdoor terraced cafe and enjoy people watching along the main street. It's a place where tourist group's can enjoy a walk through paseos with vine-covered trellis as they explore the variety of shops and restaurants. Or, a couple can sit and relax in a park like setting and enjoy the changes in colors of the landscape after a day of shopping. There will be enough variety offered that anyone can create their own experience. Whether the purpose of your visit is to enjoy a community event with a large group, or simply relax and appreciate the beautiful mountain vistas while you shop, you will find it here. Physically, the project will be built north of Foothill Boulevard and east of proposed Day Creek Boulevard on approximately 147-acres and will include 1.3 million square foot retail and office space when complete. The project will be built in phases with the first phase planned to begin construction in Summer 2003. This phase will include the construction of at least three major retail fashion tenants as well as general retail, restaurant and entertainment space. Beginning in summer of 2002 the Community Facilities District 01-01 (CFD) will begin installing major storm drain and public street improvements including portions of Day Creek Boulevard, Foothill Boulevard, and Church Street. These public improvements will enhance traffic circulation and storm water protection in the community. HISTORY OF LAND ACQUISITION The Agency acquired the original 92-acre site from the prior developer (Hahn and Foothill Associates) in 1999. The property purchase was approximately $13 million; however, the Agency paid only approximately $8 million with the balance of the property purchase price credited to the Agency by HFA that fully reimbursed the Agency for costs incurred during the term of the Agreement. The Agency also acquired an additional 55 acres of land surrounding the regional center site, at a cost of $13.9 million. This expanded site adds to the commercial value of the project by enhancing visibility from major transportation corridors, allows for expansion, and provides opportunities for future retail and office development. -2- RANCHO CUCAMONGA CULTURAL CENTER In December 2001, the City conducted a study to determine feasibility of a Performing Arts and Library complex as part of the retail center. The results of the study indicated strong support of such a facility in the Community. As a result, the Agency will retain ownership of the land proposed to include a 56,000 sq.ft, public cultural center to include a library and a 500-seat performing arts theater. AGREEMENT Under terms of the DDA, the developer will construct approximately 1.3 million sq ft of retail and office space on approximately 147 acres of land in phases. The initial phase will be approximately 900,000 sq.ft, in size and will consist of a minimum of three major fashion retail anchors and in-line retail, office, restaurant and entertainment space. The estimated construction and investment by the Developer at build out is approximately $200 million. The Developer will break ground in Summer 2003 and will open the retail center in Fall 2004. In order to connect the project with the major arterials in the community, public street and storm drain improvements will be built concurrent with the first phase of the retail center rather than piecemeal as typical of most other projects. The developer has master planned the project with the surrounding landowners so the City receives a more comprehensive and well-designed proposal. The Developer will be involved with the formation of a Community Facilities District (CFD) that will finance approximately $6.3 million in public street and storm drain improvements. In addition, the Developer will be contributing approximately $5.7 million for the construction of the Cultural Center to be located in the project. The total cost of the public improvements that the Developer will be paying for is $12 Million. The Developer and the property within the project's boundary are responsible for any tax associated with the CFD financing. Also included in the Agreement is the Developer's obligation to contribute $500,000 over a five-year period towards the operations of the Cultural Center. The Developer will also be delivering a rough graded pad with utility stubs for the construction of the Cultural Center. The Agency intends on completing the construction of the Cultural Center approximately 6 months after the retail project has been finished. This will allow a portion of the sales tax generated from the project to be used for the operations of the Cultural Center beyond what the Developer is contributing directly. The Developer will also construct a 2,000 sq.ft, public safety satellite facility within the project. Public Safety is one of the priorities for this community and the Developer's inclusion of the public safety satellite office supports this priority as well. Both Police and Fire personnel will use the space. Services and programs that -3- could be provided include first aid and CPR training as well as enhanced police services. Under terms of the Agreement, the Agency will sell the property to the developer for fair re-use value. The Agreement requires the developer to secure financing, have binding commitments from major retailers, and a minimum of 50% pre-leasing of the retail space before beginning the project. Additionally, the Agency will construct for the benefit of the cultural center a minimum 300 space parking deck in proximity to the community building. The Agency will provide capital maintenance for the parking deck, with general maintenance and security provided by the developer. The Agency will also contribute $2 million towards the construction of two public streets providing access to the cultural center and freeway landscaping on the west side of the Foothill Boulevard off-ramp. To provide a more aesthetically pleasing project, the Agency will also complete landscape installation in the cloverleaf area of the I-15 and Foothill off-ramp. FINANCIAL AND COMMUNITY BENEFITS OF PROJECT The City sees this project as being like no other in the Inland Empire and will create a truly unique environment that incorporates retail, office and public uses. The Agency and City will benefit economically from the development through the annual property tax generated from the project (estimated at $2 million) and through the annual sales tax generated to the City from the project (estimated at $3 million) for the first stabilized year of operation. Approximately 3,000 new full and part time employment opportunities will be created through the businesses that locate in the center. The payroll from the new employment is estimated to exceed $50 million annually. When an economic multiplier is applied to this estimated payroll, an additional $25 million in new economic growth could be added to the local economy annually. These employment and payroll estimates do not include the substantive construction jobs that will be created during construction of this major project. The estimated internal rate of return on the Agency's investment exceeds 16.5% and over $167 million in revenues are estimated to come to Rancho Cucamonga over a 30-year period. As part of the return and security of the Agency's investment, the developer will provide a Promissory Note to the Agency. Under terms of the Note, the Agency will be entitled to share in any excess return achieved above the Developer's 12% threshold in the event the project out performs the projections in the Developer's proforma. The Agency could also share in any future proceeds of financing or selling the project under the terms of the Promissory Note. in addition to the annual sales and property taxes generated from the project, the developer will also provide up to $13 million in revenue from any future private re-financings on the -4- project where money is not reinvested into the project. This is in addition to the $12 million in public improvements the City will receive as a result of the project. The City also benefits from the regional marketing, tourism and the economic development impetus provided by the regional center uses. With the estimated revenues generated from the project (sales tax and property tax) the Agency expects to recover its investment in this project in 6 to 7 years. This does not include any revenues that may be generated from expansions of the center. As required by California Government Code Section 33433, the sale of the property at re-use value has been substantiated in the 33433 Summary Report reviewed by the City Council and Redevelopment Agency. This report details the estimated value of the property under the Redevelopment Plan, the purchase price, and describes how the sale will assist in elimination of blight. This report and a copy of the Disposition Development Agreement are available for reviewing or copying by the public. In addition, public notice of this hearing has appeared in The Inland Valley Daily Bulletin. Respectfully submitted, Linda D. Daniels Redevelopment Director -5- ERRATA SHEET - FEBRUARY 20, 2002 Victoria Gardens - Forest City Development California, Inc. 1. Disposition and Development A,qreement. A. Schedule of Performance (Attm. 4). Change Developer s deadrne for dehvering rough graded Cultural Center site to 150 days after start of construction. B. Agency Participation Note (Exh. 3 to Attm. 6). Illustration should show Agency receiving $8,560,000; not $5,923,000. 2. EIR Staff Report and Resolution. A. Traffic impact and mitigation discussion in 1/23 Staff Report to Planning Commission (Exh. B) is not current and should be disregarded. Refer to proposed Mitigation Monitoring Plan and Findings, Facts and Statement of Overriding Considerations documents for final proposed conclusions and recommendations. B. The draft Mitigation Monitoring Plan (Appendix H) attached to the EIR Staff Report is not current and should be disregarded. The correct final proposed Mitigation Monitoring Plan is the version attached to the proposed Development Agreement. C. The following changes are made to the draft Findings, Facts and Statement of Overriding Considerations: Page 18, Para. 4.1.1A. Delete the words "through payment of traffic fees pursuant to the Development Agreement" and add to the list of improvements: "Etiwanda Ave/Slover Ave - Addition of a second southbound left turn lane and a free westbound right turn lane." Page 20, Para. 4.1.3A. Delete the words "through payment of traffic fees pursuant to the Development Agreement" and add to the list of improvements: "Etiwanda Ave/San Bernardino Ave - Addition of a second eastbound left turn lane." Page 28, Impact 4.1.4. Delete Etiwanda Ave/Slover Ave from the list of unavoidable significant Year 2007 impacts. 3. Staff Report for Planninq Approvals. The following two changes are made to the 1/23 Planning Commission Staff Report (Exh. A): (a) Page 2 (Analysis), Paragraph A, delete w'll provide approximately 55 acres to the development and"; (b) Page 3 (Reduced/Modified Development Standards), change average landscape setback along Day Creek Boulevard to 41 feet. RESOLUT,ON NO. 00-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY AND VICTORIA GARDENS - C, L.L.C. AND MAKING FINDINGS RELATED THERETO. A. Recitals. (i) The Rancho Cucamonga Redevelopment Agency ("Agency") is engaged in activities necessary to execute and implement its Redevelopment Plan for its Rancho Cucamonga Redevelopment Project Area ("Project Area"). (ii) In order to implement the Redevelopment Plan for the Project Area, the Agency proposes the development and improvement of certain real property located in the Project Area pursuant to the terms and provisions of that certain Disposition and Development Agreement ("DDA") discussed herein by and between the Agency and Victoria Gardens- C, L.LC. ("Developer"), concerning approximately 147 acres of land ("the Site") located south of Foothill Boulevard and west of 1-15 and a project for the development of a regional commercial area, community amenities and housing on that land. (iii) Pursuant to Section and 33433 of the California Health and Safety Code, the Agency has prepared and reviewed, and this Council has reviewed and considered, a summary setting forth the cost of the DDA to the Agency, the estimated value of the interests to be conveyed determined under the Redevelopment Plan, the purchase price, and the reasons such sale will assist in the elimination of blight, and made said summary available for public inspection in accordance with the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.). (iv) The development and improvement of the real property which is the subject of the DDA ("the Project") has undergone review pursuant to the California Environmental Quality Act (CEQA) by this Council and this Council has certified an Environmental Impact Report for the Project and has adopted a Statement of Overriding Considerations concerning the Project. (v) The DDA provides for Agency's payment for certain publicly owned facilities; accordingly, California Health and Safety Code Section 33445 requires that certain findings be made to support said payment. (vi) Pursuant to provisions of the California Community Redevelopment Law, the Agency and this Council conducted and concluded a duly noticed joint public hearing on the proposed sale of the Site and the DDA on February 20, 2002. B. Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RANCHO CUCAMONGA as follows: Resolution No. 02- Page 2 of 3 1. This Council hereby finds that the facts stated in the Recitals, Part A, of the Resolution, are true and correct. 2. This Council hereby finds and determines that the sale of the Site in accordance with the terms and provisions of the DDA will assist in the elimination of blight existing in the Project Area. 3. This Council hereby finds and determines that the consideration to be paid to the Agency pursuant to the DDA is not less than the fair reuse value of the subject property at the use and with the covenants and conditions and development costs authorized by the sale of the Site and the DDA. 4. The Council hereby finds and determines that the DDA is consistent with the Agency's Implementation Plan adopted pursuant to California Health and Safety Code Section 33490. 5. In accordance with California Health and Safety Code Section 33445, this Council hereby makes the following findings in reference to Agency's payment for publicly owned facilities provided for in the DDA: a. All of said facilities are of benefit to the Project Area; b. No other reasonable means of financing the facilities are available to the community; c. Agency's payment for subject facilities will assist in the elimination of one or more blighting conditions inside the Project Area; and d. The installation of the subject publicly owned facilities is provided for in the redevelopment plan for the Project Area. 6. The Disposition and Development Agreement, and all attachments thereto, by and between this Agency and Developer which establishes the terms and conditions for the sale, improvement and operation of the Site, are hereby approved. 7. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED, AND ADOPTED this 20th day of February 2002. AYES: NOES: ABSENT: ABSTAINED: William J. Alexander, Mayor RESOLUTION NO. ~-,'~ A RESOLUTION OF THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY, APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH VICTORIA GARDENS - C, L.L.C AND MAKING FINDINGS RELATED THERETO. A. Recitals. (i) The Agency is engaged in activities necessary to execute and implement its Redevelopment Plan for its Rancho Cucamonga Redevelopment Project Area ("Project Area"). (ii) In order to implement the Redevelopment Plan for the Project Area, the Agency proposes the development and improvement of certain real property located in the Project Area pursuant to the terms and provisions of that certain Disposition and Development Agreement ("DDA") discussed herein by and between the Agency and Victoria Gardens- C, L.LC. ("Developer"), concerning approximately 147 acres of land ("the Site") located south of Foothill Boulevard and west of 1-15 and a project for the development of a regional commercial area, community amenities and housing on that land. (iii) Pursuant to Section and 33433 of the California Health and Safety Code, the Agency has prepared and reviewed, and this Council has reviewed and considered, a summary setting forth the cost of the DDA to the Agency, the estimated value of the interests to be conveyed determined under the Redevelopment Plan, the purchase price, and the reasons such sale will assist in the elimination of blight, and made said summary available for public inspection in accordance with the California Community Redevelopment Law (California Health and Safety Code Sections 33000 et seq.). (iv) The development and improvement of the real property which is the subject of the DDA ("the Project") has undergone review pursuant to the California Environmental Quality Act (CEQA) by this Council and this Council has certified an Environmental Impact Report for the Project and has adopted a Statement of Overriding Considerations concerning the Project. (v) The DDA provides for Agency's payment for certain publicly owned facilities; accordingly, California Health and Safety Code Section 33445 requires that certain findings be made to support said payment. (vi) Pursuant to provisions of the California Community Redevelopment Law, the Agency and this Council conducted and concluded a duly noticed joint public hearing on the proposed sale of the Site and the DDA on February 20, 2002 B. Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE RANCHO CUCAMONGA REDEVELOPMENT AGENCY as follows: 1. This Agency hereby finds that the facts stated in the Recitals, Part A, of the Resolution, are true and correct. Resolution No. RA02- Page 2 of 3 2. This Agency hereby finds and determines that the sale of the Site in accordance with the terms and provisions of the DDA will assist in the elimination of blight existing in the Project Area. 3. This Agency hereby finds and determines that the consideration to be paid to the Agency pursuant to the DDA is not less than the fair reuse value of the subject property at the use and with the covenants and conditions and development costs authorized by the sale of the Site and the DDA. 4. The Agency hereby finds and determines that the DDA is consistent with the Agency's Implementation Plan adopted pursuant to California Health and Safety Code Section 33490. 5. The Disposition and Development Agreement, and all attachments thereto, by and between this Agency and Developer which establishes the terms and conditions for the sale, improvement and operation of the Site, are hereby approved. 6. This Agency hereby authorizes its Chairman and its Executive Director to execute all reasonably necessary documents to implement the DDA on behalf of the Agency. 7. In accordance with California Health and Safety Code Section 33445, this Council hereby makes the following findings in reference to Agency's payment for publicly owned facilities provided for in the DDA: a. All of said facilities are of benefit to the Project Area; b. No other reasonable means of financing the facilities are available to the community; c. Agency's payment for subject facilities will assist in the elimination of one or more blighting conditions inside the Project Area; and d. The installation of the subject publicly owned facilities is provided for in the redevelopment plan for the Project Area. 8. This Agency hereby finds and determines that it has reviewed the Environmental Impact Report and Statement of Overriding Considerations referred to in Recital (vi) above in its capacity as a Responsible Agency specified in the California Environmental Quality Act and that it concurs with the findings and actions thereon contained in Resolution No. of the Rancho Cucamonga City Council. 9. The Agency Secretary shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. T H E C I T Y O F I~ANCIIO CUCAM ONGA Staff Report DATE: February 20, 2002 TO: Fellow Council Members FROM: Mayor Pro Tem Diane Williams SUBJECT: Consideration of League of California Cities' Inland Empire Division's Legislative Task Force Program of Work Recommendation 1. Ratify the action taken by the League of California Cities' Inland Empire Division Legislative Task Force (LTF) to adopt "Legislative Priorities" to guide the LTF's legislative efforts. 2. Instruct the City Clerk to have a "Legislative Update" on the first City Council meeting of each month to allow for legislative updates from LTF members or other City officials. 3. Instruct staff to budget a minimum of $1,200 in travel costs to Sacramento for legislative lobbying. Back.qround As you know, the Inland Empire Division of the League of California Cities created a Legislative Task Force (LTF) which meets monthly to discuss issues of concern in the legislative arena. To help guide its efforts, the LTF has adopted "Legislative Priorities" that generally set forth the philosophy of fiscal protection and local control for cities. At its January 24, 2002 meeting, the LTF unanimously adopted its "Legislative Priorities" for Fiscal Year 2002-2003 (attached) and asked that each member city have their respective city councils ratify the vote of the LTF. It is recommended that the City Council ratify the action taken at the January 24, 2002 LTF meeting. The LTF also recommended that each member city place an item on their respective city council agendas allowing for a legislative update by the LTF member (or another City official) for that city. It was further requested that this item appear each month th on the first meeting of the month. The LTF meets the 4 Thursday of each month so Page 2 February 20, 2002 Consideration of Inland Empire Division's Legislative Task Force Program of Work placing the "Legislative Update" item on the first city council meeting of each month will be more timely for disbursing information discussed at the LTF meeting. The LTF's final request for action from the January 24th meeting was to request that each member city budget $1,200 or more in travel money, specifically for travel to Sacramento, for lobbying on legislation. All of the above requests are reflected in the attached Action Items from the January 24, 2002 LTF meeting (only the cover sheet is included, not all the attachments). Rancho Cucamonga has been an active member of the League, as well as the Inland Empire Division, including the LTF, and it is recommended that we approve of the LTF recommendations. Respectfully Submitted, Diane Williams Mayor Pre Tem Legislative Task Force Member Attachments: 1. Legislative Priorities as adopted by the LTF on January 24, 2002 2. Action Items from the January 24, 2002 LTF Meeting INLAND EMPIRE DIVISION 2002-2003 LEGISLATIVE PRIORITIES REPRESENTING THE CITIES OF: Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland and Yucaipa PRIORITY: Stabilization and Protection of Local Government Revenues. The Division will work in partnership with the State League to formulate a solution to state and local government fiscal reform that will stabilize and protect local government revenues. MONITOR: · Local Control. The Division will work to restore and protect local control, authority, decision making, and will oppose efforts by other governmental entities to diminish it. · Reduction of Low-income Housing Concentration in the Inland Empire. The Division will work in partnership with SANBAG to address the concentration of Iow-income housing in the Inland Empire region caused by flaws in the Regional Housing Needs Assessment. · Expansion of Local Government Funding Sources for Transportation. The Division will pursue expansion of funding options available to local governments to maintain the transportation infrastructure. · Enhancement of Alameda Corridor East Financing. The Division will work in partnership with regional associations as well as the state and federal governments to obtain additional construction funds to mitigate the impact of increased goods movement through the Inland Empire. · Economic DevelopmentlJobs The Division will pursue legislation to facilitate job creation and economic development in the Inland Empire, with the goal of improving the jobs/housing balance in the region. · Endangered Species The Division will support legislation that enables cities to protect endangered species through development of species habitat plans that mitigate negative impacts on community land use. Approved by the Legislative Task Force at its January 24, 2002 meeting. LEAGUE OF CALIFORNIA CITIES INLAND EMPIRE DIVISION LEGISLATIVE TASK FORCE ACTION ITEMS FROM JANUARY 24, 2002 MEETING 1. League Division Legislative Priorities ACTION: Each Legislative Task Force (LTF) city to approve of direction of Legislative Task Force: · Ratify Legislative Priorities adopted by LTF on January 24, 2002 (see attached) · Seek to budget minimum of $1,200-1,500 in each city's budget to pay for legislative trips to Sacramento · Place a "Legislative Update" section on the first meeting of the month of each city's Council meetings to allow the LTF member(s) to report on legislative activities. 2. Protection of Revenue (see attached report by Sam Racadio, City Manager, Highland) ACTION: League Board of Directors to vote on initiative at Directors Board Meeting in Long Beach 3. Housing (see attached report by Daniel Carrigg, League of California Cities) ACTION: · LTF member cities to provide input, if any, on draft language. Comments may be e-mailed to Britt Wilson at the City of Rancho Cucamonga at bwilson@ci.rancho-cucamonga.ca.us · LTF member cities to ensure that comprehensive Housing Element legislation/reforms is one of the top legislative priorities for your city. · LTF member cities to make contact with local legislators on importance of Housing Element reform and asking them to continue to oppose any damaging legislation like SB 910. 4. Transportation (see attached report by Darren Kettle, SANBAG) ACTION: LTF member cities should support Proposition 42 (dedicates state's share of sales tax to local transportation projects). Cities are asked to O:\TEA 21 PRINCIPLES-NKK.DOC ~73 E A N C H O C U C A M O N G A ~OMMUNITY ~Ei%VICE$ TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Kevin McArdle, Community Services Director Joe O'Neil, City Engineer BY: Paula Pachon, Management Analyst III Karen McGuire-Emery, Senior Park Planner DATE: February 20, 2002 SUBJECT: Parks, Recreation Facilities and Community Services Update BACKGROUND In accordance with the City Council's request to become more informed of park, recreation facility issues, recreation programs, projects and events, this report is provided to highlight pertinent issues, projects and programs occurring in both the Community Services Department and the Park Design/Development and Maintenance Sections of Engineering. A. Parks and Facilities Update Ralph M. Lewis Park: Construction of the park is complete. The contractor will be entering the 90-day maintenance period once the turf is established. Heritage Park: · Construction of the park is proceeding well. The perimeter walls are constructed and the contractor is working on the drainage system and walkways. East Beryl Park: · The combination of the freeway construction and rain damage/damage control measures in late January, have made East Beryl Park inaccessible from Beryl Street for both vehicular and pedestrian traffic. The only access is to walk through West CiTY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 Beryl Park until Beryl Street is repaired. The freeway construction also damaged the sewer and water lines that service the park. While repairs are being made, Yeager Construction is also providing portable toilets for the park. Rancho Etiwanda Park: · Construction plans of this 10+/- acre park site have been completed and it As anticipated that permits will soon be issued for the construction of the Rancho Etiwanda Park project. The site is located on the northeast corner of Day Creek Boulevard and Banyan/Summit Avenue. Amenities will include 2 lighted tennis courts, 2 lighted ball fields, a tot IotJplay area, restroom facilities, an exercise course and on site parking. B. Community Services Update Seniors: · Roman Banquet, March 1, 2002, 5:00 p.m. Travel back to ancient Rome to enjoy a feast fit for an emperor. Entertainment will also be included. Reservations required for this free fun-filled zany evening. · St. Patrick's Day, Thursday, March 14, 2002. Bring your friends and good cheer as we gather for some good old Irish fun. Don't forget to wear the color green. There will be refreshments, games and a lot of fun. Entertainment will be provided by a local singer, performing old Irish favorites. · An introductory Computer Class for seniors will be offered at the Center in late February through Chaffey Adult Education. This class provides an opportunity to gain hands-on experience and a chance to learn many of the basics on how to use a computer effectively. This class will provide 12 hours of training and unlimited personalized training after completion of the course. The cost for the class is only $15, limited to 12 students. · The Senior Legislative Election will again be held at the Senior Center on March 12, 2002. The Senior Legislative is made up of 40 Senior Senators and 80 Senior Assembly members who are elected as non-partisan representatives of the elderly in their area. Elections are held every two years. · The next meeting of the Senior Advisory Committee will be held at the Senior Center on Monday, February 25, 2002, beginning at 9:00 a.m. · A new class being offered at the Senior Center beginning in February is House and Garden. In this new class participants will learn "how to" for around the house, including crafts, cooking, baking and gardening. This new and exciting class will feature demonstrations, outings and guest speakers. -2- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 · Money Management Workshop, taking contrel of your financial future. Four free workshops will be held monthly. Topics will include: Asset Allocation, 2002 Tax Law Changes, Charitable Giving, Long Term Care and much more. Trips and Tours: · Indio National Date Festival - February 23, 2002. Come and enjoy the celebration of the end of the harvest season. Take in all the exotic date exhibits not to mention all the displays of fine art, woodcarving, gems and minerals, crafts, and flowere. Try your luck at the camel and ostrich races. Enjoy great food, entertainment, carnival rides, and everything that is date. Cost is $31 per person. · Solvang - Mareh 20, 2002. Step into this quaint Danish village and enjoy all the sights, sounds and scents that surround you. Enjoy the day at your leisure to explore the Scandinavian import shops and the bakeries of $olvang. Cost is $24 per person. · Carlsbad Flower Fields - Apdl 30, 2002. Nestled high on the hillside overlooking the Pacific Ocean, the flower fields at Carlsbad Ranch bloom annually into a 50-acre rainbow of bright ranunculus flowers. We'll take a guided tour with a wagon ride threugh the fields. You can shop, have lunch (on your own) or mine for gemstones, there's something for everybody. We'll conclude the trip with a stop at the Carlsbad Company Stores for shopping and lunch (on your own). Cost is $28 per person. · California Strawberry Festival - May 18, 2002. The delicious heart-shaped fruit of Oxnard is ripe and the 19th Annual California Strawberry Festival is ready to tempt the taste buds of Southern Californians everywhere. One of the nation's most popular weekend celebrations, this event is held May 18th and 19th and pays tasty tribute to the luscious fruit garnered from the City's bountiful 6,600 berry acres. Presented by the California Strawberry Festival Committee, this multi-faceted event serves up a menu of delectable strawberry delights, from strawberry pizza, strawberry shortcake to chocolate dipped strawberries and much more. The event also includes non-stop entertainment and participatory activities for berry lovers of all ages. HUMAN SERVICES · Choices - Proctor & Gamble will sponsor a free 5-week workshop on osteoporesis. They will cover bone health threugh self-management. February 6-27th, 2002, 3:30 p.m.-6:30 p.m. Interested participants need to call Proctor & Gamble at 982-4252 to register. · The Alzheimer's Association will present a free lecture on No Place Like Home. Representatives from home care, assisted living and skilled nursing facilities will be on hand to answer questions on costs, payment options and staffing options of -3- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 various facilities. February 8, 2002, 10:00 a.m. Pre-registration at the Center is required. · Senior Job Counseling - The Senior Employment program sponsored by the County Department of Aging and Adult Services will offer free job counseling and training to seniors age 55 and older every second and forth Thursday of the month from 9:00 a.m. until 12:00 noon, by appointment only. · DAAS Lecture - The County Department of Aging and Adult Services will do a presentation on the various senior services that are available. February 14, 2002, 12:30 p.m. until 1:30 p.m. Walk-ins are welcome. · Tax Counseling - Counselors from AARP will provide free tax filing for seniors and Iow income residents beginning February 5th through April 12th, 2002. The service is available from 9:00a.m. - 12:00 noon, by appointment only. Appointments maybe made by calling the Senior Center. · Senior Employment Program / Grandparent Mentoring Program - The Department of Aging and Adult Services will be giving a presentation on an early childhood education program they are introducing, where seniors receive 20 hours of paid training to work with young children in a class/day care setting. Upon successful completion of the training, seniors will receive a certificate and will be assisted with job placement in the child development field. The presentation will also consist of recruiting interested seniors for this program. March 6, 2002 1:00 p.m., pre- registration is required · Senior Safety - Project Sister Sexual Assault Crisis and Prevention Services will present a free workshop on senior safety. The presentation will cover information on how to increase awareness and personal safety as well as what one can do to improve the security of their home. March 26, 2002, 10:00 a.m. Registration required. · Fibromyalgia - The Arthritis Foundation will offer a 7-week self-help course for people with fibromyalgia. The class is designed to teach people how to take a more active role in their health care. It will offer information on pain control, relaxation, exercise, fatigue and depression. April 2nd through May 14, 2002. Registration required, $15.00 material fee. Volunteer Services: · The Community Services Department's Volunteer Services Leader is in the process of preparing for the upcoming Citywide Volunteer Recognition Pregram on April 21, 2002. -4- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 · Staff is currently contacting businesses in the community in order to develop a Community Volunteer Partnership Program. · The table below summarizes CSD volunteer usage for the month of December and year to date. MONTH: DECEMBER 2001 YEAR TO DATE # of # of Hours $ Value # of # of Hours $ Value Volunteers Volunteers Administration 5 15 $210 60 153 $2,142 Sports 396 2,003 $28,042 2,462 27,464 $384,496 Senior and 32 139 $1,946 691 2,705.5 $37,877 Human Services Special 37 168 $2,352 262 1,122 $15,708 Events Youth 18 107 $1,498 315 1,885 $25,270 Programs Total 488 2,432 $34,048 3,790 33,329.5 $465,493 *Dollar value based on $14.00 per hour. Teens: · The Teen Center had a busy month during January 2002 with over 500 youngsters coming to the Center to participate in activities, programs or to just hang out with friends. It is anticipated that February will be just as active of a month. · The Teen Center Homework Room is the place to be. Two hundred and forty- three (243) youngsters have used the computers in the room since January 2002 to complete their homework assignments. Staff is currently developing a tutoring program to assist the teens. It is anticipated that this type of assistance will be well received. · The Teen Recreation Activity Club's (TRAC), twice monthly babysitting service, Night on the Town is going very strong and is usually at capacity. In January, 45 youngsters were taken care of while their parents enjoyed an evening free of childcare duties. It is estimated that February's figures will increase up to 90 with the Valentine's Day holiday. -5- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 Over 30 TRAC teens participate in our monthly meetings. TRAC youth ara hosting the Senior's Valentines Lunch/Dance in February. The youth attending will assist by serving the seniors lunch along with an afternoon of dancing. · The Teen Workshop Series continued with a Babysitting Workshop held on January 19th with 75 participants. Future workshops include: the High School - Budget Workshop on March 14th the annual Career Expo on Mamh 21st and a Parent/Teen Communication Workshop to be held in April. · The Spruce Avenue Park Skate Facility is being used on a daily basis, weather permitting. Attendance this month is slightly lower due to the cold weather. Staff has been making appearances at the skate park on weekly basis, checking to make sure that safety equipment is being worn by the skaters. Staff is currantly developing a safety outraach program for skaters that will be offerad on a quarterly basis. The first skate demonstration and safety clinic of the year is scheduled for May 11,2002. Youth Activities: · Playschool classes resumed on January 7th. Two new Letter Learners classes wera added this session. We currantly have approximately 600 Playschool childran ragisterad. · The Mobile Recraation Program, Fun on the Run is going strong. It is estimated that the program will serve over 600 youth for the first three months of the year. During the week of January 28th through February 1st, the Mobile Recreation program had a special guest visit their sites. The Home Town Buffet Mascot, The Home Town Bee, visited a site every day. The youngsters raally enjoyed having a special visitor. The schedule for the Recraation unit continues as follows from 2:30 p.m. until 5:00 p.m.: Monday, Bear Gulch Park, Tuesday, Old Town Park, Wednesday, Hermosa Park, Thursday, Mountain View Park, Friday Windrows Park. Grants: · The Youth Enrichment Services (YES) program at Mulberry Learning Center continues to expand. It is estimated that during the first three months of the year we -6- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 will have served over 2,900 youngsters, ages 0-5 and their families at the Mulberry Center and 2,600 at the Lions East Community Center. A grand opening ceremony for the Lions East Community Center FACTS Center took place on February 4th. Sixty-seven community members stopped by to see our new FACTS Center. Staff is currently developing a Request For Proposal (RFP) for the Children and Families Commission for San Bemardino County Proposition 10 Grant. The RFP will be completed by March 8, 2002; the proposal is for funding for the next two years (July 1, 2002 - June 30, 2004). A letter of intent was submitted to the Commission stating that we would be submitting a grant request for approximately $610,000 in funding for the two year period. During the next two months the following classes/services will be offered for the community through the YES grant: o Accountability Concepts - Tuesdays, February 5t~ and 12th, 6:00 p.m. - 8 p.m. Revolutionary new program guaranteed to help parents put power back in the home. o Coupons, Coupons, Coupons - Saturday, February 23rd, 10:00 a.m. - 11:30 a.m. Learn how to save 50 - 90% on your groceries. Instructed by Coupon Chasers. Com o Parent Education Classes in Spanish - Mondays, March 4th - April 8th, 9:30 - 11:30 a.m. This class gives those parents of children ages 0 to 5 that either only speak Spanish or prefer to attend classes in Spanish the opportunity to leam basic parenting skills. Sponsored by Northtown Community Center. Instructed by: Luz Vieyra-Valadez M.$., West End Family Counseling Services. o Stop Smoking - Tuesdays, March 5th - 26th, 6:30 p.m. - 8:30 p.m. This class is designed to help even the most adamant smoker to quit. Instructed by: Reach Out West End. o Preschool Ready Reader- Wednesday, March 6th, 6:00 p.m. - 8 p.m. Learn what books are best to read to your little ones. Instructed Francis Samaha o Organizing Your Time - Friday, March 8th -10:00 a.m. - noon Learn how to reduce your stress level by better organizing your time. Instructed by: Vicky Miller, Bilingual Family Counseling Services. -7- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 o Preparing for Kindergarten - Thursday, March 21st, 4:30 p.m. - 6:30 p.m. Learn helpful hints on how to make sure your child is prepared for this very important step. Instructed by Coyote Canyon Elementary School. o Financial Fitness for Families with Small Children- Wednesday, March 27th, 6:30 p.m. - 8:00 p.m. This workshop is designed to introduce young parents to the basics of Financial Planning. Instructed by: Tony Zapico, Certified Financial Planner, Integrity Planners, Inc. o Empathy Belly (A Pregnancy Simulator)Ars you pregnant and your partner is having a difficult time showing empathy for your condition because they just do not have a clue what is like to be pregnant? Well, call the FACTS Center and learn how you can check out "The Empathy Belly". The Empathy Belly Pregnancy Simulator is a multi-component, weighted garment that will through accurate simulation enable the wearers to temporarily experience mots than 20 of the typical symptoms and effects of pregnancy. Wearers will find out what if feels like to be pregnant and gain a realistic understanding of the changes and demands imposed by the pregnant condition. o Car Seat Safety Checks the FACTS Center now has a certified Car Seat Safety Inspector on staff. Interested persons can call the FACTS Center to schedule an appointment to have their car seats inspected. Thanks to the Campaign for Alcohol Free Kids a limited number of car seats ars available free of charge for Iow-income families. o Pregnancy and New Mom Exercise Classes continue to be taught at Lions East Community Center. · Our new program, The Teen Connection is operating on our local high school campuses. Staff has finalized a list of activities/programs in the Community Services Department that teens may use to find volunteer opportunities. The program operates during school lunch hours on the following days: Tuesdays - Etiwanda High School; Wednesdays - Rancho Cucamonga High School; and Thursdays - Alta Loma High School. This program is currently funded through the State Department of Parks and Recreation. Youth Events: · Kids Fest - March 30, 2002 - A grsat event just to celebrate being a kid! We'll have the best fun zone around with a mega slide, moon bouncers, game booths, hands- -8- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 on-crafts, obstacle courses, visits from Peter Cottontail and free bags of candy for the youngsters (while supplies last). The event runs from 10:00 a.m. until 2:00 p.m. at Red Hilt Community Park. Contract Classes: · Contract classes resumed on January 7, 2002. There are eight (8) new classes for the winter session. The classes are Scrap Booking, Cards for Busy Moms, Creative Balloon Decorating, Balloon Animals, Stamp Therapy, Film and TV Acting Workshop and Tae Kwon Do Self Defense. Youth Sports: · The next meeting of the Sports Advisory Committee is scheduled for April 11, 2002. Field request materials for fall/winter 2002 (August 1 through January 31, 2003) are due at this meeting. · The table below summarizes youth sports activities for the reporting period: Activity # Participants Age/Gender # Teams Pee Wee Basketball 200 3-5/boys & girls 22 Roller Hockey 153 6-13/boys & girls 16 Basketball 950 6-15/boys & girls 122 Track and Field 100 6-13/boys & girls N/A Non-Profit Sports Organizations: · Bi-annually, the Community Services Department, through the Sports Advisory Committee allocates sport fields for non-profit orqanized youth sport leagues. For the reporting period, 11 non-profit sport groups utilized 18 City parks and had 188,767 participants and spectators enjoying our parks. RC Family Sports Center: · The table below provides drop-in/open play participation at the Center for the reporting period: Activity # Participants Adult Basketball 1,012 Youth Basketball 1,388 Adult Racquetball 493 Youth Racquetball 57 Adult Volleyball 91 Youth Volleyball 99 Jazzercise N/A -9- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 Adult Sports: · The table below summarizes adult sports activities for men and women for the reporting period: Activity # Participants # Teams Gender Softball 2,304 144 Male/Female Flag Football 100 10 Male Tennis 28 N/A Male/Female Soccer 644 144 Male/Female · Three adult softball tournaments are scheduled for the month of February and four for the month of March 2002, at the Epicenter and Adult Sports Complex. Community Wide Special Events: · Staff is busy gearing up for our springtime special events that are just around the corner. Our first community wide special event of the year is Cinco de Mayo that is co-sponsored with Northtown Housing and Development Corporation. This event will be held in early May at Old Town Park. Cultural and Performing Arts: · Auditions were held for the upcoming production of The Sound of Music that will be presented at the Alta Loma High School Theater in April 2002. Approximately 220 youth, between the ages of 5 and 20 auditioned. The show will be directed by Barbara Hinrichsen, owner of The Theatre Company in Upland. Ms. Hinrichsen is known for her many stage performances and directing efforts at the Candlelight Pavilion Dinner Theater in Claremont. The cast for our production will include approximately 70 local youth. The professional sets and costumes created for the production when performed at the Candlelight Pavilion will be contracted for use in our production. With such an enormous turnout for auditions, it was clear that theater arts programs are greatly needed in our community. Therefore, staff is quickly working to put together a number of free workshops for the nearly 150 youth who were not cast, as well as a variety of programs and classes in the summer months that will be open to the public. A summer youth production is also being planned. Additionally, there were many requests by adults for adult productions, thereby supporting the plan to implement adult theater programs, in the very near future. -10- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 * A new session of classes is now underway, offering the ongoing, existing programs: Talent Connection, Acting for the Stage, Cinderella Charm & Etiquette and Vocal Expression and Performance. All classes are offered at the Lions West Community. Center. Parks and Facilities: · The table below provides information on park reservations for the month of January 2002: Shelter Location Attendance Number of Numbel Hours of Use Applications Processe¢ Rentals Red Hill 345 6 7 17 Community Park Heritage Community 0 0 0 0 Park* Hermosa Park 133 3 5 12 Coyote Canyon Park 100 3 4 13 Civic Center 0 0 0 0 Courtyard* Total 778 14 18 42 * NO rentals due to scheduled construction. Heritage Park Equestrian Center; · Equestrian Center usage for the months of February/March 2002 is shown in the table below. Group Date Event/Time Frame Alta Loma Riding Club February 7t~ Board Meeting/7:30-9:30 p.m. 4-H Club February 10~n Valentine's Home Show/7a.m.-5:00 p.m. 4-H Club February 25m General Meeting/7:00-9:00 p.m. Alta Loma Riding Club March 7u' Board Meeting/7:30-9:30 p.m. Alta Loma Riding Club March 17tn Play Day/8:00 a.m.-4:00 p.m. 4-H Club March 18tn General Meeting/7:00-9:00 p.m. Alta Loma Riding Club March 19t~ General Meeting/6:30-9:30 p.m. Rising Stars of Equestrian March 23ra Disabled Easter Show/8:00 a.m.-5:00 p.m. Therapy (RSET) Park and Recreation Commission: -11 - CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 · A special meeting of the Park and Recreation Commission took place on February 7, 2002. At this meeting, the results from the Parks and Recreation Special Study were presented to the Commission. · At the Commission's regular February 21, 2002, meeting the following items will be discussed/acted upon: -Senior Advisory Committee update. -Sports Advisory Committee update. -Quarterly report on Epicenter marketing efforts. -Review and budget recommendations for Fund 20. -Trails priorities annual review. -Report on the status of legislative efforts for the Senior Center project. -Consideration of appointments of Park and Recreation Commissioners to various sub-committees. Rancho Cucamonga Community Foundation: · The following items were discussed at the Foundation's February 12, 2002, meeting: -Consideration of providing sponsorship funding for the Community Services Department's production of The Sound of Music. -Review of planning for the Foundation's annual strategic planning workshop. -Grant Submittal to The Community Foundation Serving Riverside and San Bernardino Counties. · Staff has submitted a grant proposal to The Community Foundation Serving Riverside and San Bernardino Counties for support of two of our upcoming children theater productions as well as performing art classes and workshops to support those individuals participating in our productions. Award notification date for this grant is eady April 2002. Rancho Cucamonga Epicenter: · The following activities took place at the Epicenter during the reporting period: -12- CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 -County Fire Chiefs/County Training Officers/ Rancho Cucamonga Fire Protection District - Multi-casualty Incident Training - Epicenter Stadium - January 22, 23 and 25, 2002. -Rancho Cucamonga Quakes - Angels Public Workout- Epicenter Stadium - February 2 and 6, 2002. · Staff is working with the following organizations for future/tentative bookings at the Epicenter: -ProVantage Cars Inc - Used Car Sale - Epicenter Special Event Area - February 14, 15, 16, 17, 18 and 19, 2002. -Rancho Cucamonga Quakes and Hispanic Lifestyle Magazine - Hispanic Chamber of Commerce Mega Mixer- Epicenter Stadium - February 28, 2002. -Rancho Cucamonga ACE Softball - Opening Ceremonies - Epicenter Stadium - March 2, 2002. -California Association of School Transportation Officials - School Bus Roadeo - Epicenter Special Event Area - March 16 and 17, 2002. -Abundant Living Family Church - Easter Services - Epicenter Stadium - March 30 and 31, 2002. -American Cancer Society - Relay for Life - Epicenter Adult Sports Complex Soccer Fields - April 20 and 21, 2002. -Rancho Cucamonga Quakes - Post Game Friendship Rally- Epicenter Stadium - May 5, 2002. -Rancho Cucamonga ACE Softball - Closing Ceremonies - Epicenter Stadium - June 1,2002. -Daily Bulletin - Inland Valley All Stars Game - Epicenter Stadium - June 3 and 4, 2002. -Rancho Cucamonga High School - Graduation Ceremonies - Epicenter Stadium - June 12, 2002. -Mt. High Entertainment -Concert Series - Epicenter Stadium - spring/summer 2002 (Tentative). CITY COUNCIL PARK, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATE FEBRUARY 20, 2002 ///Joe O'Neil rector L.~ City Engineer h~COMMSERtACouncil&Boards[CityCouncil~StaffReports[2OO2iupdate2.20.O2, doc -14-