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HomeMy WebLinkAbout2002/03/06 - Agenda Packet OI'T YOF RAN C HO~G~CAM O N GA 1 ~edter/t~'r ye ~ancho ~ucamon~a, GA 0~730 City Office: (~0~) 477-2700 AGENDAS REDEVELOPMENT AGENCY CITY COUNCIL REGULAR MEETINGS: IsT and 3rd Wednesdays, 7:00 p.m. March 6, 2002 A¢lencv, 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 City Council Meeting ...................... Council Chambers City Council Agenda March 6, 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. Fire Explorer presentation to the City Council and Fire Chief Dennis Michael in appreciation for all the support they have given to the Exploring Organization. 2. Presentation of an Energy Conservation Rebate Check from Southern California Edison (SCE) to the City Council for retrofit work done in the City. 3. Presentation of Certificates of Recognition to the Public Works Maintenance Manager and City Facility Supervisor on behalf of the Public Works Staff who worked to promote energy conservation as a part of the retrofit project. 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: February 20, 2002 February 21,2002 (Adjourned Meeting) 2. Approval of Warrants, Register Nos. 2/23/02 and 2/20/02 and Payroll 1 ending 2/24/02 for the total amount of $3,229,609.09. City Council Agenda March 6, 2002 3. Approval to authorize the advertising of the "Notice Inviting Bids" for '19 the Modification of Traffic Signals and Safety Lighting at the Intersection of Banyan Street and Fredericksburg Avenue, to be funded from Account No. 11243035650/XXXX124-0. RESOLUTION NO. 02-059 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 4. Approval to authorize the advertising of the "Notice Inviting Bids" for the ;26 Modification of Traffic Signals and Safety Lighting at the Intersection of Carnelian Street and La Vine/La Grande Streets, to be funded from Account No. 11243035650/XXXX124-0. RESOLUTION NO. 02-060 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 5. Approval of a Professional Services Agreement with ABS Consulting $3 (CO 02-010) for architectural, engineering, design and bid services for seismic upgrades of the Civic Center, and approval of a budget appropriation of $187,500 to be funded from Capital Facilities Repair Account No. 1025-001-5300. 6. Approval of a Resolution adopting the updated General City Master 35 Plan of Drainage Repod and approval of a Resolution establishing an Updated Drainage Improvement Fees for all development within the General City Local Drainage Area. City Council Agenda March 6, 2002 3 RESOLUTION NO. 02-061 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 2002) FOR ALL DEVELOPMENTS WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. 02-062 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE UPDATED GENERAL CITY AREA MASTER PLAN OF DRAINAGE REPORT 7. Approval of Improvement Agreement, Improvement Security and 4'1 Ordering the Annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 for DR 00-61, located on the south and west sides of the Knuckle Intersection of Malvern Avenue and Salina Street, submitted by Southern California Housing Development Corporation and Malvem Housing Partners, L.P. RESOLUTION NO. 02-063 44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DR 00-61 RESOLUTION NO. 02-064 45 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 NQS. 1 FOR DR 00-61 8. Approval of Map, Improvement Agreement, Improvement Securities 52 and Monumentation Cash Deposit and Ordering the Annexation to Landscape Maintenance District No. 9 and Street Light Maintenance District Nos. 1 and 8 for Tract 16021, located at the northwest corner of East Avenue and the Southern Pacific Railroad Right-of-Way, submitted by Crestwood Corporation, a California Corporation. City Council Agenda March 6, 2002 4 RESOLUTION NO. 02-065 55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP 16021, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT RESOLUTION NO. 02-066 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT MAP 16021 9. Approval to accept the Bids received and award and authorize the 64 execution of the Contract in the amount of $2,271,522.00 ($2,065,020.00, plus 10% contingency) to the apparent Iow bidder, Mike Bubalo Construction Co., Inc. (CO 02-013), for Construction of the Hermosa Avenue Storm Drain and Street improvements from 400' north of Church Street to 500' north of Base Line Road, to be funded from Measure I Funds, Acct. No. 11763035650/1301176-0, Drainage Funds, Acct. No. 11123035650/1292112-0, AD 84-2 Funds, Acct. No. 16043035300, and AD 86-2 Funds, Acct. No. 16063035300. 10. Approval of a Contract Amendment with JDC, Inc. for the "City Wide 68 Concrete Repair, Tree Removal and Tree Planting Annual Maintenance Agreement (CO 01-075). 11. Approval of the Construction and Maintenance Agreement between the City of Rancho Cucamonga and the Southern California Regional Rail 69 Authority (SCRRA) (CO 02-014), for the proposed widening improvements to the Etiwanda Avenue At-Grade Railroad Crossing, located south of Whittram Avenue, designated as CPUC Crossing No. 101 SG-44.10 and U.S. Department of Transportation No. 026151P. RESOLUTION NO. 02-067 72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BE'I'WEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE ETIWANDA AVENUE AT-GRADE RAILROAD CROSSING, LOCATED SOUTH OF WHITTRAM AVENUE, DESIGNATED AS CPUC CROSSING NO. 101 SG-44.10 AND U.S. DEPARTMENT OF TRANSPORTATION NO. 026151P City Council Agenda March 6, 2002 5 12. Approval of the Construction and Maintenance Agreement between the 73 City of Rancho Cucamonga and the Southern California Regional Rail Authority (SCRRA) (CO 02-015), for the proposed widening improvements to the Hermosa Avenue At-Grade Railroad Crossing, located south of 8th Street, designated as CPUC Crossing No. 101 SG- 40.60 and U.S. Department of Transportation No. 026160N. RESOLUTION NO. 02-068 76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE HERMOSA AVENUE AT-GRADE RAILROAD CROSSING, LOCATED SOUTH OF 8TM STREET, DESIGNATED AS CPUC CROSSING NO. 101 SG-40.60 AND U.S. DEPARTMENT OF TRANSPORTATION NO. 026160N 13. Approval of an Underground Communication Facilities Agreement 77 between the City of Rancho Cucamonga and Verizon California, Inc. (CO 02-016) for the Lower Hermosa Avenue-Phase 2, Storm Drain, Street Widening and Utility Underground Improvements from 350 feet south of 8th Street to north of the Metrolink Railroad Tracks. RESOLUTION NO. 02-069 80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN UNDERGROUND COMMUNICATION FACILITIES AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA, INC., FOR THE REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES FOR THE LOWER HERMOSA, PHASE 2, STORM DRAIN, STREET WIDENING AND UTILITY UNDERGROUND IMPROVEMENTS FROM 350 FEET SOUTH OF 8TM STREET TO NORTH OF THE METROLINK RAILROAD TRACKS 14. Approval of a Cooperative Agreement with the County of San 81 Bemardino (CO 02-017) relating to the provision of First Time Homebuyer Programs. City Council Agenda March 6, 2002 6 15. Approval to execute an Addendum to the Epicenter Rental Contract 8:3 with the Rancho Cucamonga High School for Waiver of Rental Fees associated with Graduation Ceremonies at the Rancho Cucamonga Epicenter in exchange for City use of the Rancho Cucamonga High School's Gymnasium for the City's Youth Basketball Program for 2003 and 2004. 16. Approval to release the Labor and Material Bond for Tract 13812, 86 submitted by Wealth V, LLC, located west of Etiwanda Avenue, between Summit and Highland Avenues. 17. Approval to accept the construction of the Lower Hermosa Storm Drain and Street Widening-Phase I, Contract No. 00-078, as complete, 88 release the bonds and authorize the City Engineer to file a Notice of Completion. RESOLUTION NO. 02-070 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOWER HERMOSA STORM DRAIN AND STREET WIDENING, PHASE 1, CONTRACT NO. 00-078 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E. CONSENT ORDINANCES The following Ordinances have had public hearings at the time of first reading, Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. 1. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 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. 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. Related files: Victoria Community Plan Amendment 01-01, Tentative Parcel Map 15716. City Council Agenda March 6, 2002 7 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. Related flies: Development Agreement 01-02, Tentative Parcel Map 15716. ORDINANCE NO. 678 (second reading) 91 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 March 6, 2002 ORDINANCE NO. 679 (second reading) 93 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VICTORIA COMMUNITY PLAN AMENDMENT 0%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, 1-15 FREEWAY TO THE EAST, AND FUTURE DAY CREEK BOULEVARD TO THE WEST, AND MAKING FINDINGS IN SUPPORT THEREOF F. ADVERTISED PUBLIC HEARINGS The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF APPEAL FOR ENVIRONMENTAl 95 ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16257 - FORECAST CORPORATION - The appeal of the Planning Commission's decision to approve a request to subdivide 24.2 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre}, Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 and a portion of 17. Related files: Conditional Use Permit DRC2001-00557 and Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL FOR ENVIRONMENTAl ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - The appeal of the Planning Commission's decision to approve a request to construct 340 apartments on 24.2 acres of land in the Medium Residential District (8- 14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Et[wanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04-, 05-, 09, 10, 15, 20, 29 and a portion of 17. Related files: Tentative Tract Map SUTT16257 and Tree Removal Permit DR2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. City Council Agenda March 6, 2002 RESOLUTION NO. 02-071 264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16257, A CONDOMINIUM SUBDIVISION OF ONE LOT, AND THE RELATED TREE REMOVAL PERMIT DRC2001-00567, FOR 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17 RESOLUTION NO. 02-072 267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. DRC2001-00557 TO CONSTRUCT 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17 G.~. PUBLIC HEARINGS The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA 270 FACIE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN AND AMETHYST AVENUF City Council Agenda March 6, 2002 10 ORDINANCE NO. 680 (first reading) 277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN STREET AND AMETHYST AVENUE H. CITY MANAGER'S STAFF REPORTS The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. PRESENTATION ON THE CITY'S FIRST EDITION OF THE RANCHO CUCAMONGA REPORTER COMMUNITY NEWSLETTER. (Oral) I. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. UPDATE ON LEGISLATIVE ISSUES (Oral) J. IDENTIFICATION OF ITEMS FOR NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. K. COMMUNICATIONS FROM THE PUBLIC This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. L. 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 28, 2002, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. February 20, 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 20, 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 Chairman William J. Alexander. Present were Agencymembers: Paul Biane, Grace Curatalo, Bob Dutton, Diane Williams and Chairman William J. Alexander. Aisc present were: Jack Lam, City Manager; James Markman, City Attorney; and Linda D. Daniels, Redevelopment Agency Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM,<; Chairman Alexander announced the closed session item. B1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) - CITY OF RANCHO CUCAMONGA VS INTEX PROPERTIES NLAND EMPIRE, ET AL - SAN BERNARDINO COUNTY SUPERIOR COURT CASE NO. RCV 058755 - CITY C. COMMUNICATIONS FROM THE PUBLIC ON CLOSED SESSION ITEMS No one was present 1o 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 6:25 p.m. No action was taken in closed session. City Council Minutes February 20, 2002 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meeting A. CALL TO ORDER A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, February 20, 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 7:17 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; Jan Reynolds, RDA Analyst; Kevin McArdle, Community Services Director; Paula Pachon, Management Analyst II1: Bill Makshanoff, Building Official; Joe O'Neil, City Engineer; Brad Bullet, City Planner; Nancy Fong, Sr. Planner; Brent LeCount, Associate Planner; Donald Granger; Assistant Planner; Warren Morelion, Assistant Planner; Jim Frost, City Treasurer; Larry Temple, Administrative Services Director; Lorraine Phong, Information Systems Analyst; Shelly Munson, Information Systems Specialist; Deborah Clark, Library Director; Robert Karatsu, Library Services Manager; 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. 2001 Awards for Design Excellence Program. Brad Bullet, City Planner, introduced the staff that worked on this project. A power point presentation was given which displayed all the project winners and their projects. B2. Presentation of a Proclamation and Certificates to Ruth Musser Middle School in recognition of their award-winning city planning school project. Mayor Alexander presented the Proclamation to Patricia Carlson, parent and mentor of the school, and the school principal. They assisted with the distributing of the certificates to the students. B3. Presentation of a Proclamation in recognition of YMCA Month 2002. Mayor Alexander presented the Proclamation to Diana Lee-Mitchell and Jeannie McClellan of the YMCA. C. COMMUNICATIONS FROM THE PUBLIC C1. John Lyons, Etiwanda, mentioned that Jeffrey King is now a judge and used to be on the Council. He added that Dennis Stout, Bob Dutton and Paul Biane are now running for other elected offices. He told about a letter he received from Sheriff Penrod stating that Rancho Cucamonga is the 10t*~ safest City. He also mentioned the crime stats for the City. City Council Minutes February 20, 2002 Page 3 C2. Janet Klotz, 9990 Banyan, stated she would like the City to participate in the Rose Parade by building a float. She stated at this stage there is no financial obligation, but indicated there were spots open in the parade if Rancho Cucamonga wanted to participate. She felt this would be a wonderful opportunity for the City to get involved with. C3. Jim Frost continued to talk about the possibility of a float in the Rose Parade and the information he received from the City of Ontario explaining how they previously did this. He asked that the City Council put this on their next agenda to consider signing the application to be considered for a parade spot. C4. Gwen Frost also spoke about the possibility of a Rancho Cucamonga building a float for the parade. She stated she supported this and asked for the Council to consider it. D. CONSENT CALENDAR D1. Approval of Minutes: January 16, 2002 February 6, 2002 D2. 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. D3. Approve to receive and file current Investment Schedule as of January 31, 2002 D4. 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. 11243035650/1336124-0 (Transportation). 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 D5. Approval to authorize the advertising of the "Notice Inviting Bids" for the 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 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 City Council Minutes Februa~ 20,2002 Page 4 D6. Approval for the purchase of two 92) Cushman Turf-Trucksters from Pacific Equipment & Irrigation, Inc., of Chino, in the amount of $33,669.72, funded from Fund No. 1134-303-5603 and 1712-001-5603. D7. Approval of a recommendation for Reorganization of the Community Services Network. DS. Approval of a request from Rancho Cucamonga ACE Softball for Waiver of Rental Fees for their Opening and Closing Ceremonies at the Rancho Cucamonga Epicenter Stadium on March 2, 2002 and June 1, 2002. D9. Approval to determine the rate for Community Facilities District No. 2001-01 for fiscal year 2001-02 and providing a method of collection thereof. RESOLUTION NO. 02-047 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 D10. 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, on the east side of Hermosa Avenue, north of Sharon Circle, submitted by Paragon Development Corporation. RESOLUTION NO. 02-048 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 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 Dll. 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, 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 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 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 D12. Approval of an Agreement (CO 02-010) for Plan Check Services. City Council Minutes February 20,2002 Page 5 RESOLUTION NO. 02-052 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 D13. Approval of an Agreement between the City of Rancho Cucamonga and 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. RESOLUTION NO. 02-053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN AGREEMENT BETVVEEN 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 BETVVEEN 4TM AND 8TM STREETS. D14. Approval to 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. RESOLUTION NO. 02-054 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 D15. Approval to accept the construction of the Marine Avenue (Humboldt 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. RESOLUTION NO. 02-055 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 City Council Minutes February 20, 2002 Page 6 D16. Approval 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. D17. Approval to release Maintenance Guarantee Bond No. 8161-44-71M in the amount of $16,879.07, for the Banyan Street at Fredricksburg Avenue Traffic Signal and Widening Improvements, Contract No. 00-051. MOTION: Moved by Dutton, seconded by Biane to approve the staff recommendations in the staff reports contained within the Consent Calendar. Motion carried unanimously 5-0. THE REDEVELOPMENT AGENCY RECONVENED AT 7:55 P.M. FOR A JOINT PUBLIC HEARING WITH THE CITY COUNCIL. ALL MEMBERS WERE PRESENT. E. ADVERTISED PUBLIC HEARINGS El. 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 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 residential units, on approximately 175 acres of land. The project site is within the City boundary and the Victoria Community Plan and is 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. CONSIDERATION OF ENVIRONMENTAL IMPACT REPORT AND 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 Chumh 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: Victoria Community Plan Amendment 01-01, Tentative Parcel Map 15716. OF ENVIRONMENTAL IMPACT REPORT AND TENTATIVE PARCEL 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. Related files: Development Agreement 01-02, Tentative Parcel Map 15716. City Council Minutes February 20, 2002 Page ? CONSIDERATION 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; 227-17'~-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. Jack Lam, City Manager, introduced the item and turned the presentation over to Linda Daniels, Redevelopment Agency Director. Linda Daniels, Redevelopment Agency Director, introduced Brian Jones of Forest City. Brian Jones, Forest City, introduced Randall Lewis, Frank Fuller, Josh Gottheim, Colm Macken, and Victor Grgas. Brian Jones, Forest City, continued to talk about the process they have gone through to get the project to this point. He thanked everyone involved with this. He stated they want to move very quickly to get this through. Mr. Jones indicated they have tenants who are interested in locating to this center, but that they could not be announced at this time. Frank Fuller, Field Paoli Architects, thanked the City and staff for all the work on this project. He also gave a power point presentation. Staff report was presented by Linda Daniels, Redevelopment Agency Director, on the Disposition and Development Agreement and information on the actions and steps they would be taking to get the mall built. She talked about the financing for this project through the Redevelopment Agency. James Markman, City Attorney, referred to changes in the documents that have been submitted for the record to the City Clerk. He referred to the findings the Council would be making. Nancy Fong, Sr. Planner, presented the staff report on the EIR. Brent LeCount, Associate Planner, made the presentation on the Development Agreement between the City and the Developer, the Victoria Community Plan Amendment and the Tentative Parcel Map. He stated the Planning Commission is recommending approval of these documents. Councilmember Dutton wanted to make sure the public knew that if the project failed, the property would come back to the City. He also wanted clarification that along with sales tax generation there would be property tax revenue generated from this. Linda Daniels, Redevelopment Agency Director, stated there would be approximately $2,000,000 generated in property tax revenue. Councilmember Dutton asked Joe O'Neil, City Engineer, to talk about the infrastructure because of this project. Joe O'Neil, City Engineer, stated Day Creek Boulevard would be extended and stated Foothill Boulevard would also improve. He felt the streets would be landscaped very nicely including the streets inside the mall project. Mayor Alexander opened the meeting for public hearing. Addressing the City Council was: John Lyons, Etiwanda, felt this was a great night. He commended the City for the vision they had to go forward with this project. City Council Minutes February 20, 2002 Page 8 There being no further input, the public hearing was closed. RESOLUTION NO. 02-056 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 OVERRIDING CONSIDERATIONS FOR VICTORIA COMMUNITY PLAN AMENDMENT 01-01, DEVELOPMENT AGREEMENT 01-02, TENTATIVE PARCEL MAP 15716, AND A DISPOSITION AND DEVELOPMENT AGREEMENT BETVVEEN 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 MOTOIN: Moved by Biane, seconded by Dutton to approve Resolution No. 02-056. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 678. ORDINANCE NO. 678 (first reading) 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 MOTION: Moved by Dutton, seconded by Williams to waive full reading and set second reading of Ordinance No. 678 for the March 6 City Council meeting. Motion carried unanimously 5-0. Debra J. Adams, City Clerk, read the title of Ordinance No. 679. City Council Minutes Februa~ 20,2002 Page 9 ORDINANCE NO. 679 (first reading) 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 QF 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 MOTION: Moved by Williams, seconded by Curatalo to waive full reading and set second reading of Ordinance No. 679 for the March 6 City Council meeting. Motion carried unanimously 5-0. RESOLUTION NO. 02-057 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 MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. 02-057. Motion carried unanimously 5-0. E2. CONSIDERATION OF A DISPOSITION AND DEVELOPMENT 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 FUTURF DAY CREEK BOULEVARD, AND WEST OF 1-15 SEE DISCUSSION OF THIS ITEM UNDER ITEM El. RESOLUTION NO. 02-058 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, 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 MOTION: Moved by Dutton, seconded by Williams to approve Resolution No. 02-058. Motion carried unanimously 5-0. City Council Minutes February 20, 2002 Page l0 RESOLUTION NO. RA 02-002 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 MOTION: Moved by Biane, seconded by Curatalo to approve Resolution No. RA 02-002. Motion carried unanimously 5-0. THE REMAINDER OF THE REDEVELOPMENT AGENCY ITEMS WERE CONSIDERED AT THIS TIME. THE REDEVELOPMENT AGENCY ADJOURNED AT 8:33 P.M., AND THE CITY COUNCIL CONSIDERED THE BALANCE OF THEIR AGENDA. F. PUBLIC HEARINGS No Items Submitted. G. CITY MANAGER'S STAFF REPORTS No Items Submitted. H. COUNCIL BUSINESS H1. CONSIDERATION OF LEAGUE OF CALIFORNIA CITIES INLAND EMPIRE DIVISION'S LEGISLATIVE TASK FORCE PROGRAM OF WORK Staff report presented by Councilmember Williams. MOTION: Moved by Biane, seconded by Curatalo to approve the recommendation. Motion carried unanimously 5-0. H2. PARKS, RECREATION FACILITIES AND COMMUNITY SERVICES UPDATF ACTION: Report received and filed. I. IDENTIFICATION OF ITEMS FOR NEXT MEETINC~ No items were identified for the next meeting. City Council Minutes February 20, 2002 Page ! ! J. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. K. ADJOURNMENT MOTION: Moved by Williams, seconded by Biane to adjourn to Thursday, February 21, 2002, 9:00 a.m. in the Training Conference Room at the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California, for the annual team building/goal setting maintenance workshop. Motion carried unanimously 5-0. The meeting adjourned at 8:38 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * February 21, 2002 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Adiourned Meetinq A. CALL TO ORDER An adjourned meeting of the Rancho Cucamonga City Council was held on Wednesday, February 21, 2002 in the Training Conference Room of the Civic Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 9:00 a.m. by Mayor William J. Alexander. Present were Councilmembers: Paul Blanc, Grace Curatalc Bob Dutton, Diane Williams, and Mayor William J. Alexander. Aisc present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; Linda D. Daniels, Redevelopment Agency Director; Joe O'Neil, City Engineer; Brad Bullet, City Planner; Bill Makshanoff, Building Official; Larry Temple, Administrative Services Director; Tamara Layne, Finance Officer; Deborah Clark, Library Director; Kevin McArdle, Community Services Director; Pete Ortiz, Police Chief; Dennis Michael, Fire Chief; Duane Baker, Assistant to the City Manager; Britt Wilson, Management Analyst III; Kimbedy Thomas Management Analyst II; and Debra J. Adams, City Clerk. B. ITEM OF BUSINESS 1. ANNUAL TEAM BUILDING/GOALS MAINTENANCE WORKSHOP The City Council and Department Heads met to discuss goals for the year 2002. (A copy is on file in the City Clerk's office.) C. COMMUNICATIONS FROM THE PUBLIC No communication was made from the public. D. ADJOURNMENT The workshop adjourned at 11:30 a.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 1 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loc: FINA/~CE---job: 75485 #S031 ..... prog: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179490 000001 ~3~ EQUIP~NT P~EN"~ALS CO INC 02/13/02 1,058.77 ~ OH AP00179491 001334 AB~C 02/13/02 294.06 MW OH AP00179492 000007 ABLETRONICS 02/13/02 42.02 F~ OH AP00179493 006937 ACCEI~% 02/13/02 700.00 MW OH AP00179494 002579 ACCOUNTABILITY CONCEPTS 02/13/02 750.70 ~5~ OH AP00179495 000014 ACTION TRAVEL AGENCY 02/13/02 194.50 MW OH AP00179496 000211 mT SECURITY SERVICES INC 02/13/02 564.00 ~5~ OH AP00179497 005679 ;~DVD/~CED DRAINAGE SYSTEMS 02/13/02 362.37 ~ OH AP00179498 006489 AES 02/13/02 450.00 ~4W OH AP00179499 006904 ALAS, EDGAR 02/13/02 100.00 ~4W OH AP00179500 005673 ALLEN, SYLVESTER R 02/13/02 216.51 ~ OE AP00179501 006172 ALTA LOMA C}L~RTER LI~r~S 02/13/02 391.98 N/~ OH AP00179502 002693 AMTECH ELEVATOR SERVICES 02/13/02 658.36 MW OH AP00179503 006930 AP~%MBb-LA, A~NGELIC 02/13/02 48.75 MW OH AP00179504 000024 ARBOR N~3RSERY INC 02/13/02 1,589.31 MW ON AP00179505 005807 ARCHITERRA DESIGN GROUP 02/13/02 628.12 MW OH AP00179506 000667 AP~ROWNEAD CREDIT UNION 02/13/02 1,288.84 MW OH AP00179507 006255 ASSI SECURITY 02/13/02 3,602.50 MW OH AP00179508 000026 ASSOCIATED ENGINEERS 02/13/02 9,675.25 ~ OH AP00179509 000402 AUTO RESTORATORS 02/13/02 10,597.72 ~ OH AP00179510 004102 B ~ K ELECTRIC WHOLESALE 02/13/02 1,608.41 MW OH AP00179511 006934 BARKSDALE, SHAWN 02/13/02 36.00 MW OH AP00179512 004475 BARNES ~ NOBLE 02/13/02 276.11 MW OH AP00179513 006372 B~qRONS 02/13/02 245.00 MW OH AP00179514 000033 BASELINE TRL~E V~J~UE ~ARDWARE 02/13/02 71.64 MW OH CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 2 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loe: FINANCE---job: 75485 #S031 ..... prog: CK200 <1.37>--report id: C~-REG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179515 002820 BER/~ELL HYDRAULICS INC 02/13/02 16.00 MW OH AP00179516 004441 BEST BUY CO INC 02/13/02 293.98 MW OH AP00179517 006301 BLUE OCEA/g SO~rWARE INC 02/13/02 3,326.50 ~ OH AP00179518 004833 BOOKS ON TAPE INC 02/13/02 357.76 ~5~ OH AP00179519 005525 BOWERY, ROBERT 02/13/02 500.00 ~K~ OH AP00179520 006828 BRIAN HEBB 02/13/02 100.00 MW OH /LR AP00179521 VOID.CONTINU Void - Continued Stub 02/13/02 0.00 %q4 OH Void AP00179522 004369 BRODART BOOKS 02/13/02 4,696.57 ~K~ OH Payee Name different in Check DB AP00179523 006931 Bbq{DETTE, DAVID 02/13/02 25.00 ~ OH AP00179524 001001 BURTRONICS BUSINESS SYSTEMS 02/13/02 420.76 ~ OH AP00179525 002559 C~LBO 02/13/02 650.00 MW OH AP00179526 000068 CENTP~L CITIES SIGNS INC 02/13/02 349.38 MW OH AP00179527 032438 CH29~{ILL CONTRACTORS 02/13/02 60,439.50 ~K~ OH AP00179528 001061 C~L~MPION AWARDS ~ SPECIALIE 02/13/02 14.01 MW OH AP00179529 000947 C~LARTER COMMUNICATIONS 02/13/02 48.76 ~ OH AP00179530 000488 CHEVRON USA INC 02/13/02 69.77 MW OH AP00179531 006933 CHI/N, JULIA 02/13/02 93.00 MW OH AP00179532 000074 CITY P~ENTALS 02/13/02 99.00 MW OH AP00179533 002698 CL~%IM JT~4PER 02/13/02 160.00 MW OH AP00179534 004279 CIg%RK, DEBOR/~H 02/13/02 22.56 9H4 OH AP00179535 006929 CLAVILLE, JEREICJ% 02/13/02 22.00 MW O~ AP00179536 006932 CLIFFOR/3, SUZI 02/13/02 72.00 MW OH AP00179537 006464 COASTAJ~ BUILDING SERVICES INC 02/13/02 15,723.00 MW OH AP00179538 006936 COMMIRqICATION BRIEFINGS 02/13/02 49.00 MW OH AP00179539 004301 COMP USA INC 02/13/02 40.33 MW OH CITY OF RC IFAB (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 3 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--le~: GL JL--loc: FINANCE---job: 75485 #S031 ..... prog: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179540 001328 CONCANNON, SHARI 02/13/02 199.50 MW OH AP00179541 006709 COPP CRUSHING, DM 02/13/02 130.00 MW OH AP00179542 006935 CORBETT, BRItoN 02/13/02 16.06 MW OH AP00179543 001321 COURT TRUSTBE 02/13/02 200.00 MW OH AP00179544 001321 COURT TRUSTEE 02/13/02 118.50 MW OH AP00179545 001437 CPRS 02/13/02 415.00 MW OH AP00179546 000085 CUCAMONGA CO WATER DIET 02/13/02 4,908.62 MW OH AP00179547 000284 DAISY WHEEL RIBBON CO INC 02/13/02 2,564.45 MW OH AP00179548 000105 DD2q GL~RRA ~_ND ASSOCIATBS 02/13/02 12,938.13 MW OH AP00179549 006948 DAVID, LOUIH 02/13/02 200.00 MW OH AP00179550 006949 DE LEON, STBPHANIB 02/13/02 36.00 MW OH AP00179551 004366 DEMCO INC 02/13/02 56.43 MW OH AP00179552 004544 DICK, ERIC 02/13/02 75.00 MW OH AP00179553 004544 DICK, ERIC 02/13/02 330.00 MW OH AP00179554 004466 DOUBLETREB HOTEL 02/13/02 925.00 MW OH AP00179555 003364 EIGHTH AVEN~3E GRAPHICS 02/13/02 2,884.43 MW OH AP00179586 005137 EMPIRE MOBILE HOME SERVICE 02/13/02 6,189.50 MW OH AP00179557 090520 EMPLOYMENT SYSTEMS INC. 02/13/02 2,838.57 MW OH AP00179558 004436 EPIXTECH INC 02/13/02 2,142.00 MW OH AP00179599 005262 EVANS SPORTING GOODS 02/13/02 148.03 MW OH AP00179560 000229 EWING IRRIGATION PRODUCTS 02/13/02 971.50 MW OH AP00179561 004817 FATLAND, SA/gDRA 02/13/02 30.06 MW OH AP00179562 000123 FEDERAL EXPRESS CORP 02/13/02 181.70 MW OH AP00179563 000124 FENCE CRAFT OF UPLAND INC 02/13/02 75.43 MW OH Payee Name different in Check DB AP00179564 001846 FIELDING, RICHARD 02/13/02 25.00 MW OH CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 4 WED, FEB 13, 2002, 5:01 PM --req: KFINCHHR--leg: GL JL--loc: FINANCE---job: 75485 #S031 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179565 006556 FINESSE PERSONNEL ASSOCIATES 02/13/02 5,853.40 ~ OH AP00179566 006950 FIRE PROTECTION SERVICES 02/13/02 821.41 MW OH AP00179567 005892 FIRST PLACE TROPHIES 02/13/02 2,033.95 MW OH AP00179568 004371 FISHER SCIENTIFIC 02/13/02 117.71 MW OH AP00179569 004762 FOOTHILL F/~4ILY SHELTER 02/13/02 250.00 MW OH AP00179570 001082 FR/L~KLIN COVEY CO 02/13/02 64.43 MW OH AP00179571 006074 FUkq3SHIMA, Oq3DITH 02/13/02 1,215.00 MW OH AP00179572 005113 FUTURE COMPUTING SOLUTIONS IN 02/13/02 258,050.16 MW OH AP00179573 001815 G W ENTERPRISE 02/13/02 450.09 MW OH Payee Name different in Check DB AP00179574 006951 GAi~TE, SARAH 02/13/02 55.00 MW OH AP00179575 080050 GEOGRAPHICS 02/13/02 2,994.95 MW OH AP00179576 041163 GILLI, CHRIS 02/13/02 136.00 ~4W OH AP00179577 006952 GILLUM, CONNIE 02/13/02 22.00 MW OH AP00179578 006952 GILLUM, CONNIE 02/13/02 28.00 ~W OH AP00179579 000650 GRAINGER, WW 02/13/02 27.11 MW OH AP00179580 003827 GREEN ROCK POWER EQUIPMENT 02/13/02 427.44 MW OH AP00179581 006953 GUZ~{~N, ~ 02/13/02 40.00 MW OH AP00179582 005699 HARALA/~BOS BEVERAGE COMP/%Ny 02/13/02 1,471.99 MW OH AP00179583 000462 HCS CUTLER STEEL CO 02/13/02 52.12 MW OH AP00179584 006920 HENDERSON, LARRY 02/13/02 35.00 MW OH AP00179585 006921 HERRERA, KIM 02/13/02 77.50 MW OH AP00179586 006922 HICKS, IRIS 02/13/02 83.00 MW OH AP00179887 000158 HOLLIDAY ROCK CO INC 02/13/02 363.11 MW OH AP00179588 006923 HOLLOWAY, AMY 02/13/02 110.00 MW OH AP00179589 001234 HOSE MAN INC 02/13/02 11.01 MW OH CITY OF RC IFAS (PROD) 02/13/02 c H E C K R E G I S T E R CHECK REGISTER Page 5 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--le~: GL JL--loc: FIAULNCE---job: 75485 #S031 ..... pro~: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179590 000161 HOYT LU~4BER CO, S M 02/13/02 39.87 ~4W OH AP00179591 001325 HURST, CHERYL 02/13/02 313.50 ~ OH Payee Name different in Check DB AP00179592 000495 HYDROSCAPE PRODUCTS INC 02/13/02 397.00 NW OH AP00179593 006513 IAPMA 02/13/02 50.00 MW OH AP00179594 004254 IBM CORPORATION 02/13/02 8,029.20 MW OH AP00179595 000167 ICBO 02/13/02 250.00 MW OH Payee Name'different in Check DB AP00179596 002733 ICMA 02/13/02 82.00 MW OH Payee Name different in Check DB AP00179597 000607 IKON TECHNOLOGY SERVICES 02/13/02 39,238.06 MW OH Payee Name different in Check DB AP00179598 002577 IMAGE CON~V~3NICATIONE 02/13/02 52.68 ~ OH AP00179599 006682 INLY=ND FAIR HOUSING A/gD MEDIA 02/13/02 1,770.74 MW OH AP00179600 000122 INL~/gD VALLEY DAILY BULLETIN 02/13/02 559.46 ~D~ OH AP00179601 000122 INLA~{D VALLEY DAILY BULLETIN 02/13/02 2,964.00 MW OH AP00179602 000092 INI~ND V/LLLEY DAILY BULLETIN 02/13/02 84.50 MW OH AP00179603 000092 INLJLND VALLEY DAILY BULLETIN 02/13/02 156.00 ~ OH AP00179604 002315 INfJ~gD WHOLESD~LE ~3RSERY 02/13/02 64.00 ~ OH AP00179605 005193 INTER-ACTIVE DATA CORPOP~%TION 02/13/02 78.50 MW OH AP00179606 090933 INTERSTATE BATTERIES 02/13/02 447.92 MW OH AP00179607 003452 INTRAVAIA ROCK A~ND SAND 02/13/02 210.00 MW OH AP00179608 005616 ISA 02/13/02 93.95 MW OH AP00179609 006812 JDJ4ES WILSON 02/13/02 100.00 FS~ OH AR AP00179610 006925 JOHNSON, TRACI 02/13/02 40.00 MW OH AP00179611 006939 KIEWIT PACIFIC COMPANY 02/13/02 1,038.71 FfN OH AP00179612 006940 KOH, AMPARO 02/13/02 72.00 MW OH AP00179613 004982 KORD/gDA CONSTRUCTION 02/13/02 14,032.70 F~ OH AP00179614 004447 LASTING IMPRESSIONS PRINTING 02/13/02 525.68 MW ON CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 6 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 75485 #S031 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~%mount Type Subs Rel To Note AP00179615 000849 LAWSON PRODUCTS INC 02/13/02 561.74 MW OH AP00179616 005468 LEXINGTON TECHNOLOGY INC 02/13/02 1,508.04 MW OH AP00179617 003275 LIGHT El]LES ETC 02/13/02 68.37 MW OH AP00179618 001005 LIL STITCH 02/13/02 184.68 NW OH AP00179619 005662 LOS A/~GELES COCA COLA BTL CO 02/13/02 816.88 MW OH AP00179620 000200 LOS A/~GELES TIMES 02/13/02 66.80 MW OH AP00179621 001336 LOWER, DARLENE 02/13/02 251.00 MW OH AP00179622 003156 LUS LIGHTHOUSE INC 02/13/02 6.16 ~ OH AP00179623 006882 M J S}[~TTUCK 02/13/02 300.00 MW OH AP00179624 006942 MAGNUS, DELO~S 02/13/02 69.00 MW OH AP00179625 006941 MAHONEY, DONALD 02/13/02 30.00 MW OH AP00179626 006943 ~GOLD, DAWN 02/13/02 40.00 MW OH AP00179627 000549 MARIPOSA HORTICULTURAL ENT IN 02/13/02 26.54 MW OH AP00179628 000250 MARTINEZ UNION SERVICE 02/13/02 180.00 MW OH Payee Name different in Check DB AP00179629 006085 MCARDLE, KEVIN 02/13/02 9.80 MW OH AP00179630 004458 MCGRAW HILL INC 02/13/02 119.05 MW OH AP00179631 005852 MIDWEST TAPE 02/13/02 367.83 MW OH AP00179632 000749 MIJAC ~ COMPANy 02/13/02 96.00 MW OH AP00179633 006944 MORENO, MARIA 02/13/02 40.00 MW OH AP00179634 000521 MOSS, ANGELAISE 02/13/02 54.13 MW OH AP00179635 001020 MOUNTAIN VIEW GLASS D/qD MIRRO 02/13/02 172.58 MW OH AP00179636 000842 MOUNTAIN VIEW SMALL ENG REPAI 02/13/02 22.72 MW OH AP00179637 004442 FNJNICIPAL 5~%NAGEMEAFr 02/13/02 20.00 MW ON AP00179638 006945 bK/NOZ, TRACEy 02/13/02 33.00 MW OH AP00179639 006965 MYCK-P~AWSON, KIMBEP~Ly 02/13/02 32.00 95q OR CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 7 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 75485 #S031 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179640 001332 N M A DUES C/O BA~ WHITE 02/13/02 13.85 MW OH AP00179641 002248 ~APA AUTO P~TS 02/13/02 43.67 MW OH AP00179642 000744 NATIONAL DEFERRED 02/13/02 23,626.88 MW OH AP00179643 001228 NATIONAL RECREATION AND PARK 02/13/02 450.00 MW OH AP00179644 006137 NATIONAL SAFETY COUNCIL 02/13/02 472.10 MW OH AP00179645 006137 NATIONAL SAFETY COUNCIL 02/13/02 103.44 MW OH AP00179646 006687 NATIONS RENT 02/13/02 40.41 MW OH AP00179647 002361 NEWPORT TRAFFIC STUDIES 02/13/02 110.00 MW OH AP00179648 004527 NIKPOUR, MON3~v~ED 02/13/02 105.00 ~f~ OH AP00179649 000433 NIXON EGLI EQUIPMENT CO 02/13/02 386.95 MW OH Payee Name different in Check DB AP00179650 006646 NJUGUNA, SAMMY 02/13/02 70.00 MW OH AP00179651 002582 NOBLE COMP/~NY, R J 02/13/02 12,754.68 MW OH AP00179652 002582 NOBLE COMPANy, R J 02/13/02 114,792.20 MW OH AP00179653 003192 NORTHKIRK PRESBYTERIAN CHURCH 02/13/02 500.00 MW OH ~ AP00179654 006964 NYEMA, NATHANIEL 02/13/02 100.00 MW OH AP00179655 000523 OFFICE DEPOT 02/13/02 5,337.25 MW OH AP00179656 000232 O~ITRANS 02/13/02 139.50 ~{W OH AP00179657 002821 PEEK TRAFFIC SIGNAL MAINTENAN 02/13/02 15,385.00 MW OH AP00179658 022061 PENINSUT_~ LIBRARY SYSTEM 02/13/02 75.00 MW OH AP00179659 006522 PERALTA, GIO 02/13/02 50.00 MW OH AP00179660 006206 PLAI~NING CENTER, THE 02/13/02 427.29 MW OH AP00179661 006681 POMONA INIJ~ND VA~SLEY COUNCIL 02/13/02 675.00 MW OH Payee Name different in Check DB AP00179662 006958 PRINT TO MAIL 02/13/02 805.78 MW OH AP00179663 000734 QUICENO, PATRICIA 02/13/02 60.00 ~ OH AP00179664 001323 QUINT~/qA, ZITA 02/13/02 193.00 MW OH CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 8 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loc: FIN~NCE---job: 75485 #S031 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179665 001890 R ;%ND R LIGHTING 02/13/02 105.73 MW OH AP00179666 000345 R D O EQUIPMENT CO POWERPLAN 02/13/02 6.40 MW OH AP00179667 005876 P~ADULESCU, DD.N 02/13/02 35.00 MW OR Payee Name different in Check DB AP00179668 000264 RALPRS GROCERY COMPly 02/13/02 77.09 MW OH AP00179669 003497 REG~kN, SARA~ 02/13/02 40.00 MW OH AP00179670 001324 REIN}L~RDTSEN, DEBRA 02/13/02 282.50 MW OH AP00179671 006926 RENNIE, JAMIE 02/13/02 53.00 MW OH AP00179672 000443 REI CONSULTING 02/13/02 3,536.00 MW OH AP00179673 006927 RISTOLA, R~CREL 02/13/02 40.00 ~ OH AP00179674 000276 RIVERSIDE BLUEPRINT 02/13/02 162.30 MW OH AP00179675 001322 RIVERSIDE CO DEPT CHILD SUPPO 02/13/02 226.00 MW OH AP00179676 006928 ROBERTS, F~R~N 02/13/02 191.54 MW OH AP00179677 001004 S ~ S WORLDWIDE 02/13/02 366.41 MW OH AP00179678 006117 S B D/gD O INC 02/13/02 1,170.00 MW OH AP00179679 004438 S C A C E O 02/13/02 120.00 MW OH AP00179680 001590 SAN BERN COUNTy CRILD SUPPORT 02/13/02 200.00 MW OH AP00179681 001990 S~ BERN COUNTY CHILD SUPPORT 02/13/02 289.68 MW OH AP00179682 001089 SD-N BERNARDINO, CITY OF 02/13/02 900.00 MW OH AP00179683 006492 S~CHEZ, JOE 02/13/02 395.00 MW OR AP00179684 001441 SBC/PACIFIC BELL 02/13/02 3,450.39 MW OH Payee Name different in Check DB AP00179685 006946 SCEOLTZ, DEBORD~q 02/13/02 29.00 MW OH AP00179686 002185 SETON IDENTIFICATION PRODUCTS 02/13/02 1,489.08 MW OH AP00179687 005308 SILVIA CONSTRUCTION INC 02/13/02 133,403.40 MW OH AP00179688 000692 SIR SPEEDY 02/13/02 244.59 MW OH AP00179689 001327 SMART ~ FIN~.L 02/13/02 132.01 MW OH CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 9 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--le~: GL JL--loc: FINANCE---job: 75485 #S031 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179690 012139 SMITN, GISELLA 02/13/02 59.00 ~ OW AP00179691 000319 SO CA, IF GAS COMPANY 02/13/02 3,648.25 MW OH AP00179692 001825 SOFT CHOICE CORP 02/13/02 1,576.71 MW ON AP00179693 VOID.CONTINU Void - Continued Stub 02/13/02 0.00 VM OH Void AP00179694 VOID.CONTINU Void - Continued Stub 02/13/02 0.00 VM OH Void AP00179695 001432 SOUTHERN CALIFORNIA EDISON 02/13/02 19,585.64 MW OH AP00179696 006728 SPECTRA CONTRACT FLOORING:ORA 02/13/02 498.00 MW OH Payee Name different in Check DB AP00179697 000682 SPEEDWAY MUFFLER INC 02/13/02 206.37 MW OH AP00179698 006947 STATE FARM INS 02/13/02 1,624.17 MW OH AP00179699 001335 STATE OF CALIFORNIA FP~NCHISE 02/13/02 49.65 MW OH Payee Name different in Check DB AP00179700 003597 STATE OF CALIFORNIA 02/13/02 48,122.02 MW OH AP00179701 005281 STERICYCLE INC 02/13/02 537.40 MW OH AP00179702 007256 STOFA, JOSEPN 02/13/02 25.00 MW OH AP00179703 005685 Sb-RE SHRED DOCUMENT DESTRUCT! 02/13/02 252.00 MW OH AP00179704 003735 T~NER, O C 02/13/02 188.77 MW OH AP00179708 002344 TARGET 02/13/02 119.38 MW OH AP00179706 011916 TAYLOR, CHERI 02/13/02 36.00 MW OH AP00179707 006955 THOMAS, MIC~ELLE 02/13/02 38.00 MW OH AP00179708 003204 TOGO'S 02/13/02 93.90 MW OH Payee Name different in Check DB AP00179709 003893 U.S. IDENTIFICATION MANUAL 02/13/02 88.48 MW OH AP00179710 002958 UMPS D~RE US ASSOCIATION 02/13/02 3,125.50 MW OH AP00179711 003437 UNIFIRST UNIFORM SERVICE 02/13/02 90~.61 MW OH AP00179712 003912 UNIQUE CREATIONS 02/13/02 235.81 MW OH AP00179713 000919 UNITED WAY 02/13/02 632.32 MW OH AP00179714 000350 US POSTMASTER 02/13/02 6,500.00 MW OH CITY OF RC IFAS (PROD) 02/13/02 C H E C K R E G I S T E R CHECK REGISTER Page 10 WED, FEB 13, 2002, 5:01 PM --req: KFINCHER--leg: GL JL--loc: FINANCE---job: 75485 #S031 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~ount Type Subs Rel To Note AP00179715 002210 VARNEY, G~Y 02/13/02 139.64 MW OH AP00179716 000137 VERIZON CALIFORigIA 02/13/02 1,225.87 MW OH Payee Name different in Check DB AP00179717 000137 VERIZON CALIFOP~NIA 02/13/02 74.90 MW OH Payee Name different in Check DB AP00179718 006661 VERIZON WIRELESS 02/13/02 94.65 MW O~ AP00179719 006616 VILLAGOMEZ, CHARLEI 02/13/02 27.75 MW OH AP00179720 006957 VILLEGAS, TONY 02/13/02 300.00 MW OH AP00179721 001329 VOLM, LIZA 02/13/02 112.50 MW OH Payee Name different in Check DB AP00179722 006959 WHEELER, KIM 02/13/02 67.50 MW OH AP00179723 003985 WILLID~4S, PAT 02/13/02 153.00 MW OH AP00179724 006960 WINDSHIELDS OF CUCAMONGA 02/13/02 182.88 MW OH AP00179725 006961 WOLFF, STEVE C/O RANCHO CUCAM 02/13/02 53.86 MW OH AP00179726 006962 WORD & BROWN 02/13/02 209.63 MW O~ AP00179727 006963 WYNDHAM EMERALD PLAZA 02/13/02 680.00 MW OH AP00179728 000509 XEROX CORPORATION 02/13/02 216.99 MW OH AP00179729 004624 YEE, LARRY 02/13/02 15.00 MW OH GRAND TOTALS: Total Void Machine Written 0.00 Number of Checks Processed: 3 Total Void Hand Written 0.00 Nunlber of Checks Processed: 0 Total Machine Written 927,553.15 Number of Checks Processed: 237 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 927,553.15 CITY OF RC IFAS (PROD) 02/20/02 C E E C K R E G I S T E R CEECK REGISTER Page 1 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--le~: GL JL--loc: FINA~NCE---job: 76272 #S033 ..... proD: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179817 006791 411 Pb-BLISEING 02/20/02 80.34 MW OF AP00179818 004635 A ~ K 30 MIN PHOTO ~ INC 02/20/02 99.48 5fW OF Payee Name different in Cheek DB AP00179819 000014 ACTION TRAVEL AGENCY 02/20/02 238.00 MW OH AP00179820 006309 A/D~4SON, RONALD 02/20/02 896.00 MW OH AP00179821 005679 ADVA/~CED DPJ%INAGE SYSTEMS 02/20/02 4,207.46 ~ OH AP00179822 005231 AEF SYSTEMS CONSULTING INC 02/20/02 175.00 ~5~ O~ AP00179823 005650 ALTA LO~ PSYCHOLOGICAL ASSOC 02/20/02 3,700.00 ~ OH AP00179824 006994 APODACA, ~ECTOR 02/20/02 60.00 MW O~ AP00179825 000026 ASSOCIATED ENGINEERS 02/20/02 2,979.85 MW OH AP00179826 000402 AUTO RESTORATORS 02/20/02 1,198.10 MW OH AP00179827 002981 BEARD PROVENCEER ~ ASSOC 02/20/02 1,460.00 ~ OH AP00179828 006855 BOOKPA~E 02/20/02 216.00 MW OH AP00179829 003863 BOPRO, CHRISTOPHER 02/20/02 481.40 MW OH AP00179830 006993 BOWHAY, JEILNNIE 02/20/02 200.00 ~ OH AP00179831 006695 BOYLE ENGINEERING 02/20/02 14,007.00 ~5~ OH AP00179832 006991 BRONZE Y~EY CORPOP3%TION 02/20/02 4,660.70 MW OH AP00179833 003754 BSNUG 02/20/02 100.00 .MW OH AP00179834 006990 BURNETT, STEVE 02/20/02 100.00 MW OH AP00179835 006545 CAFE JUSTICE 02/20/02 619.56 MW OH AP00179836 004403 CALIFORNIA PAVEMENT ~INT CO 02/20/02 53,829.12 MW OH AP00179837 006992 CARLTON O~(S GOLF COURSE 02/20/02 312.70 ~ OH AP00179838 000266 CERTIFIED AUTO CARE 02/20/02 62.00 MW OH AP00179839 000069 C~L~FFEY JOINT UNION HS DISTRI 02/20/02 35.00 ~ OH AP00179840 001061 CHAMPION AWARDS ~ SPECIALIE 02/20/02 33.94 MW OH AP00179841 006052 CHARTER ~DIA 02/20/02 1,768.00 NW OH Payee Name different in Check DB CITY OF RC IFAS (PROD) 02/20/02 C H E C K R E G I S T E R CEECK REGISTER Page 2 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--le~: GL JL--loc: FIN/%NCE---job: 76272 #S033 ..... proD: CK200 <1.37>--report id: C~REG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179842 006644 CHE TANG 02/20/02 500.00 MW OH ~ AP00179843 005361 CISNBROS, CORY 02/20/02 712.50 MW OH AP00179844 000073 CITRUS MOTORS ONT~RIO INC 02/20/02 1,155.31 MW OH AP00179845 005533 CLAYTON GROUP SERVICES INC 02/20/02 977.18 MW OH AP00179846 002228 COMMUNITY BA/~K 02/20/02 295.48 MW OR AP00179847 006857 COX, JACQUIE 02/20/02 29.93 MW OH AP00179848 002456 CSUSB COLLEGE OF EXTENDED LEA 02/20/02 548.00 MW OH Payee Name different in Check DB AP00179849 VOID.CONTINU Void - Continued Stub 02/20/02 0.00 VM OH Void AP00179850 000085 CUCAMONGA CO WATER DIST 02/20/02 7,995.20 MW OH AP00179851 005596 CUC~J~ONGA CONSTRUCTION CONSUL 02/20/02 1,120.00 MW OH AP00179852 000105 DAN GUERRA AND ASSOCIATES 02/20/02 1,570.00 MW OH AP00178853 005063 DE LA MORA, MARIO 02/20/02 35.00 MW OE Payee Name different in Check DS AP00179854 004366 DEMCO INC 02/20/02 31.49 MW OR AP00179855 003875 DUNN EDW~J{DS CORPORATION 02/20/02 31.93 MW OH AP00179856 003364 EIGHTH AVENUE GRAPHICS 02/20/02 721.94 MW OH AP00179857 001577 ELEF~NTE, LINDA 02/20/02 38.00 MW OH Payee Name different in Check DB AP00179858 005137 EMPIRE MOBILE HOME SERVICE 02/20/02 7,121.61 MW OH AP00179859 001231 ENVIRONMENT PLANNING INC 02/20/02 1,000.00 MW OH AR AP00179860 002349 ESGIL CORPORATION 02/20/02 33,524.04 MW OH AP00179861 006447 ETIW;~Xq~A INTERMEDIATE SCHOOL 02/20/02 68.00 MW OH AP00179862 003806 ETIWANDA SCHOOL DISTRICT 02/20/02 3,080.00 MW OH AP00179863 005521 RXPERIAN 02/20/02 50.00 MW OH AP00179864 005917 FASTENAL COMPAlqY 02/20/02 11.26 MW OH AP00179865 000123 FEDERAL EXPRESS CORP 02/20/02 51.17 MW OH AP00179866 006556 FINESSE PERSONNEL ASSOCIATES 02/20/02 7,079.46 MW OH CITY OF RC IFAS (PROD) 02/20/02 C H E C K R E G I S T E R CHECK REGISTER Page 3 WED, FEB 20, 2002, 4:16 PM --req: C~ONZ~LE--leg: GL JL--loc: FINANCE---job: 76272 #S033 ..... pro~: CN200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179867 006999 FIRE PROTECTION SPECIALIST 02/20/02 1,000.00 MW OH AP00179868 004540 G~E GROUP,THE 02/20/02 94.37 MW OR AP00179869 005928 GE SUPPLY 02/20/02 656.02 ~5~ OH AP00179870 007000 GON~LES SAIZA, NANCy 02/20/02 30.00 ~5~ OH AP00179871 004014 GR3%NT, RITA 02/20/02 30.04 MW OH EX AP00179872 004972 H.V. GROUP LLC 02/20/02 500.00 MW OH AR AP00179873 006044 HAPPy ELVES DBCOP~TING 02/20/02 4,050.00 ~ OH AP00179874 005699 HARA~BOS BEVERAGE COMPS%NY 02/20/02 322.76 MW OH AP00179875 006920 HENDERSON, I~ARRY 02/20/02 71.00 MW OH AP00179876 006972 HERRBRA, YVETTE 02/20/02 45.00 ~ OH AP00179877 000616 HIGHSMITH CO INC 02/20/02 14.96 ~5~ OH AP00179878 000158 HOLLIDAY ROCK CO INC 02/20/02 948.67 ~ OH AP00179879 090904 IAPMO 02/20/02 73.45 MW OH AP00179880 004254 IBM CORPORATION 02/20/02 838.99 ~ OH AP00179881 006973 IBS PRI~F~ING 02/20/02 92.07 MW OH AP00179882 002577 ISU%GE COM~3NICATIONS 02/20/02 482.72 5~W OH AP00179883 005682 INL~i~D INDUSTRIAL ~DICAL GRO 02/20/02 437.02 ~5~ OH AP00179884 006259 INI~ND ~ILING SERVICES INC 02/20/02 359.46 ~ OB AP00179885 006974 INTEGRATED CO~ERCIAL ELECTRI 02/20/02 70.00 ~ OH AP00179886 032043 J~ECK, LINDA 02/20/02 50.53 MW OH AP00179887 006881 K~2qDACE R Pb-LLIN 02/20/02 250.00 ~ OH AR AP00179888 006975 KELLY BLUE BOOK 02/20/02 165.55 MW OH AP00179889 002220 KELLY PAPER COMPly 02/20/02 34.52 MW OH AP00179890 000149 KING, LD 02/20/02 8,102.34 ~g~ OH AP00179891 005295 K~US ~ SONS 02/20/02 2,160.00 MW OH CITY OF RC IFAS (PROD) 02/20/02 C H E C K R E G I S T E R CEECK REGISTER Page 4 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--le~: GL JL--loc: FINANCE---job: 76272 #S033 ..... pro~: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Cheek Amount T~rpe Subs Rel To Note AP00179892 006976 KONGMEBONL, EING 02/20/02 46.00 ~ OH AP00179893 004982 KOR~/qDA CONSTRUCTION 02/20/02 14,943.10 ~{W OH AP00179894 006833 LARSON, LINDA 02/20/02 86.00 MW OR AP00179895 000979 LEWIS OPERATING CORP 02/20/02 17.00 MW OH AP00179896 005468 LEXINGTON TECHNOLOGY INC 02/20/02 571.63 MW OH AP00179897 031959 LIGETFOOT, DAVID 02/20/02 100.00 N~ OH AP00179898 005884 LILBURN CORPORATION 02/20/02 13,000.08 MW OH AP00179899 005274 LITTLE BEAR PRODUCTIONS 02/20/02 1,000.00 MW OH AP00179900 007164 MANELA, ROS~IO 02/20/02 60.05 MW OH Payee Name different in Check DB AP00179901 006986 F~RTIN, RAQUEL 02/20/02 51.00 NS~ ON AP00179902 006579 MARTINEZ, JOELLEN 02/20/02 375.00 MW ON AP00179903 006987 MICHTAVY, LESLEY 02/20/02 23.00 ~ OH AP00179904 006170 MICROAGE COMPUTERMART 02/20/02 1,621.19 MW OH AP00179905 005852 MIDWEST TAPE 02/20/02 39.98 MW OH AP00179906 006988 MIPJ~u~R COLLEGE 02/20/02 72.00 MW OH AP00179907 006989 MIXON, CAROLYN 02/20/02 33.00 MW OH AP00179908 007004 MORELS_ND ~ ASSOCIATES 02/20/02 275.00 MW OH AP00179909 006996 NGUYEN, LAN 02/20/02 9.37 MW OH AP00179910 003600 NIELSEN, NETTIE 02/20/02 145.60 MW OH AP00179911 006649 NIKPOUR, MOE 02/20/02 100.00 MW OH AP00179912 004853 OCLC INC 02/20/02 88.31 MW OH AP00179913 000523 OFFICE DEPOT 02/20/02 2,575.08 MW OH AP00179914 006971 OFFICE OF JUSTICE PROGRAMS OF 02/20/02 1,955.69 MW OH AP00179915 006998 OFFICE TED34 02/20/02 132.64 MW OH AP00179916 005461 ORCHARD SUPPLY F~WARE 02/20/02 1,381.01 MW OH Payee Name different in Check DB CITY OF RC IPAB (PROD) 02/20/02 C H E C K R E O I S T B R CEECK REGISTER Page 5 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 76272 #S033 ..... prog: CK200 <i.37>--report id: CKREG--- Check Payee ID. Payee Name Date Cheek D2mount Type Subs Rel To Note AP00179917 003741 PALLOTTO, BILL 02/20/02 184.00 ~ OH AP00179918 002833 PARAGON ROCHESTER LLC 02/20/02 1,675.00 ~ OH AP00179919 004952 PARKER DIRECTORY 02/20/02 71.55 ~W OH AP00179920 004529 PARBAC 02/20/02 7,480.11 MW OH AP00179921 006623 PENWORTHY 02/20/02 835.12 MW OH AP00179922 007001 PICKARD ARCHITECTUPd~ & CONSTR 02/20/02 53.25 5~W OH AP00179923 000272 PITNEY BOWES 02/20/02 317.11 MW OH AP00179924 000251 R ~LND R AUTOMOTIVE 02/20/02 3,212.40 MW OH AP00179925 000264 RALPHS GROCERY COMP~NY 02/20/02 70.70 MW OH AP00179926 006329 RANCHO TRANSMISSION SERVICE 02/20/02 1,878.78 ~ OH AP00179927 004130 RBM LOCK ~2~D REy SERVICE 02/20/02 30.28 ~W OH AP00179928 006995 RED LION/SACP~A~ro I~r~ 02/20/02 382.24 ~4W OH AP00179929 004472 P~EDINGER, TOM 02/20/02 35.00 ~4W OH AP00179930 006978 P~ESOURCE CE~ER NON PROFIT MG 02/20/02 125.00 ~W OH AP00179931 000443 REI CONSULTING 02/20/02 1,792.00 MW OH AP00179932 004474 RIVAE, MIGL~EL 02/20/02 100.00 ~ OH AP00179933 000276 RIVERSIDE BLUEPRINT 02/20/02 61.42 MW OH AP00179934 004257 RIVERSIDE CONSTRUCTION COM~ 02/20/02 6,610.82 MW OH AP00179935 003314 ROBINSON FERTILIZER 02/20/02 1,839.90 MW OH AP00179936 003369 RODRIGUEZ, ALICIA 02/20/02 250.00 NUN OH Payee Name different in Check DB AP00179937 006979 ROSSI, RENZO 02/20/02 100.00 MW OH AP00179938 001298 SAN BERN COUNTy ~SSESSORE OFF 02/20/02 55.00 MW OH AP00179939 000301 B~N BERN COLEqTy SHERIFFS 02/20/02 1023,181.00 ~ OH AP00179940 000301 S~N BERN CO~TY SHERIFFS 02/20/02 118.00 ~K~ OH AP00179941 000150 SAN BER/4 CODqqTy 02/20/02 30.90 MW OH Payee Name different in Cheek DB CITY OF RC IFAS (PROD) 02/20/02 C B E C K R E G I S T E R CHECK REGISTER Page 6 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--le~: GL JL--loc: FIN/~NCE---job: 76272 #S033 ..... pro~: CK200 <1.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~Jnount Type Subs Rel To Note AP00179942 005704 SAN DIEGO LEATHER JACKET FACT 02/20/02 1,354.30 MW OH ====================================== AP00179943 000132 SAN DIEGO ROTARy BROOM CO INC 02/20/0~ 191.35 MW OB AP00179944 006997 SANCREZ, EST~LA 02/20/02 179.00 MW OH AP00179945 003689 SCHAFER DEVELOPMEN~f GROUP INC 02/20/02 1,000.00 MW OH AR AP00179946 006604 SCHNEIDER, DANIEL 02/20/02 46.51 MW OB AP00179947 006980 SEA LODGE HOTEL 02/20/02 570.00 MW OB AP00179948 006621 SEARCB SYSTEMS INC 02/20/02 6,089.03 MW OB AP00179949 006982 SEATON, MONICA 02/20/02 45.00 MW OB AP00179950 006981 SKILLE, STEVE 02/20/02 81.00 MW OB AP00179951 001327 SMART ~=ND FINAL 02/20/02 263.93 MW OB AP00179952 000317 SO CALIF EDISON CO 02/20/02 109,909.26 MW OB AP00179953 000319 SO CALIF GAS COMP~/qY 02/20/02 1,598.19 MW OB AP00179954 001432 SOUTBERN CALIFORNIA EDISON 02/20/02 3,387.76 MW OB AP00179955 004192 SPAIN JR, WILLIAM V 02/20/02 737.50 MW OB Payee Name different in Check DB AP00179956 006355 SUNGARD BI TECB INC 02/20/02 736.92 MW OE AP00179957 004733 SUNRISE FORD 02/20/02 644.91 MW ON AP00179958 006983 SW/%N-PRUNG, JUA~E 02/20/02 100.00 MW ON AP00179959 012566 TAPIA, ALVIN 02/20/02 250.00 MW OB AR AP00179960 000836 TARGET SPECIALTy PRODUCTS 02/20/02 1,488.35 MW OB AP00179961 002344 TARGET 02/20/02 39.24 MW OH AP00179962 002344 TARGET 02/20/02 143.68 MW OB AP00179963 006955 THOMAS, MICEELLE 02/20/02 27.22 MW OH AP00179964 006984 THOMPSON, STEPHANIE 02/20/02 168.00 MW OH AP00179965 004351 TOBIN, RENEE 02/20/02 5.00 MW OB AP00179966 003388 TRUGREEN LANDCARE REGIONAL 02/20/02 142,238.47 MW OB CITY OF RC IFAS (PROD) 02/20/02 C H E C K R E G I S T E R CRECK REGISTER Page 7 WED, FEB 20, 2002, 4:16 PM --req: CGONZALE--leg: GL JL--loc: FINANCE---job: 76272 #S033 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note AP00179967 002958 UMPS ~ US ASSOCIATION 02/20/02 147.00 MW OH ====================================== AP00179968 001226 UNITED PARCEL SERVICE 02/20/02 19.25 MW OH AP00179969 002682 UNITED STATES POSTAL SERVICE 02/20/02 4,500.00 MW OH AP00179970 006004 UNITEK TECHNOLOGY INC 02/20/02 2,336.02 MW OR AP00179971 080127 URBAN LAND INSTITUTE 02/20/02 81.54 MW OR AP00179972 000137 VERIZON CALIFORNIA 02/20/02 22.53 MW OH Payee Name different in Check DB AP00179973 003742 VIGI~/qCE, TERRENCE 02/20/02 96.00 MW OR AP00179974 004002 WASTE MANAGEMENT 02/20/02 1,154.77 MW OR AP00179975 000213 W~XIE 02/20/02 2,679.46 MW OH AP00179976 000399 WEST VALLEY VECTOR CONTROL DI 02/20/02 12,985.72 MW OH AP00179977 005003 WHITE, LARRy 02/20/02 73.00 ~W OR AP00179978 007005 WIERSMA CONSTRUCTION 02/20/02 9.78 MW OR AP00179979 000212 WILLDAN ASSOCIATES 02/20/02 27,135.50 MW OH AP00179980 012510 WILLIA24S, MELANIE 02/20/02 29.84 MW OH AP00179981 004827 WORLD BOOK DIRECT MARKETING 02/20/02 24.40 MW OH AP00179982 005658 X PECT FIRST AID ~ SAFETy 02/20/02 30.39 MW OH AP00179983 004624 YEE, LARRy 02/20/02 41.00 MW OH CITY OF RC IFAS (PROD) 02/20/02 C H E C K R E G I S T E R CHECK REGISTER Page 8 WED, FEB 20, 2002, 4:16 PM --req: CGONZ~LE--leg: GL JL--loc: FI~L~NCE---job: 76272 #S033 ..... prog: CK200 <l.37>--report id: CKREG--- Check Payee ID. Payee Name Date Check ~ount ~ype Subs Rel To Note G R A N D T O T A L S: ====== ====================================== Total Void Machine Written 0.00 Number of Che~ks Processed: 1 Total Void Hand Written 0.00 Nu~er of Checks Processed: 0 Total Machine Written 1591,994.76 Nun~ber of Checks Processed: 166 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 1591,994.76 E A N C H O C U C A M O N G A ~ NC INI~EI~IN C D~:DADT~I~N T R l ort DA'IF_: March 6, 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~'¥~ SUBJEC'r: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE TO BE FUNDED FROM ACCOUNT NO. 11243035650/XXXX124-0 RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND / ANALYSIS: The MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE scope of work in general consists of, but is not limited to, the installation of east bound left turn phasing, emergency vehicle preemption for the nearby fire station and pertinent signing, striping and pavement markings. The project is to be funded from Account No. 11243035650/XXXX124.0. Staff has determined that the project is Categorically Exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate for the Modification of Traffic Signals and Safety Lighting at the Intersection of Banyan Street and Fredericksburg Avenue project is $20,000. Legal advertising is scheduled for March 19 and 26, 2002, with bid opening at 2:00 p.m. on Tuesday, April 2, 2002. Res~y/,~.,,~.,~ ~ f submi~ed, cWiil a~ J. Oty Enginee~ WJO:JTH Attachments Figure "A" Banyan ~t Fredericksburg Modification Project RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE 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 "MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE". 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 19, 2002, sealed bids or proposals for the "MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, Califomia 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF BANYAN STREET AND FREDERICKSBURG AVENUE". 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 22 RESOLUTION NO. Page 3 D. When the Contractor provides evidence that he employs registered apprenti.ces 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 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 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 price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. 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 all 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 6th day of March, 2002. Publish Dates: March 19 and 26, 2002 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of March, 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 6th day of March, 2002. Executed this 6th day of March, 2002, at Rancho Cucamonga, California. Debra J. Adams, OMC, City Clerk ADVERTISE ON: March 19 and 26, 2002 ~ A N C H O C U C A M O N G A ENGINEERING DEPARTMENT DA31~: March 6, 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 MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS TO BE FUNDED FROM ACCOUNT NO. 11243035650/XXXX124-0 RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND I ANALYSIS: The MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS scope of work in general consists of, but is not limited to, the installation of north and south bound left turn phasing and pertinent signing, striping and pavement markings. The project is to be funded from Account No. 11243035650/XXXX124-0. Staff has determined that the project is Categorically Exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for the Modification of Traffic Signals and Safety Lighting at the Intersection of Carnelian Street and La Vine/La Grande Streets project is $30,000. Legal advertising is scheduled for March 19 and 26, 2002, with bid opening at 2:00 p.m. on Tuesday, April 2, 2002. Respectfully submitted, Cit~-Engineer WJO:JTH Attachments Figure "A" Carnelian, LaVine and LaGrande Tragic Signal Project 27 RESOLUTION 0 2-~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS 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 "MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS". 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 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 "MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS" 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 MODIFICATION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF CARNELIAN STREET AND LA VINE/LA GRANDE STREETS". 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 Cbntractor 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 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 price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. 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 all 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 6th day of March 2002. Publish Dates: March 19 and 26, 2002 PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga, California, this 6th day of March, 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 6~h day of March, 2002. Executed this 6th day of March 2002, at Rancho Cucamonga, Califomia. Debra J. Adams, CMC, City Clerk ADVERTISE ON: March 19 and 26, 2002 R A N C H O C U C A M O N G A CITY ]~AN A GE R' S OFFICE Staff Report TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Duane A. Baker, Assistant to the City Manager DATE: March 6, 2002 SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH ABS CONSULTING FOR ARCHITECTURAL, ENGINEERING, DESIGN AND BID SERVICES FOR THE SEISMIC UPGRADE OF THE CIVIC CENTER AND APPROVAL OF A BUDGET APPROPRIATION OF $187,500 FROM CAPITAL FACILITIES REPAIR ACCOUNT 1025 001- 5300 RECOMMENDATION It is recommended that the City Council approve an agreement with ABS Consulting to perform architectural, engineering, design and bid services for a seismic upgrade of the Civic Center, which includes the Council Chambers. The amount of the agreement would not exceed $187,500 and would be funded from Capital Facilities Repair Account 1025 001-5300. BACKGROUND/ANALYSIS In May 2001 a contract was approved with ABS Consulting (formerly EQE International) to complete a seismic evaluation of the Civic Center and Council Chambers. Even though the Civic Center and Council Chambers were designed to exceed the building code at the time of their construction, the Northridge earthquake uncovered some issues with steel "moment frame" construction similar to that used here. ABS has completed their seismic analysis and cost analysis to retrofit the Civic Center and Council Chambers to meet the post-Northridge earthquake codes. The agreement before the Council tonight would cover the design, engineering and bid services for the seismic upgrade of the Civic Center and Council Chambers. If approved, it is anticipated that construction would begin in December 2002 and last up to six months. Because the public services we provide are critical and need to continue without interruption during construction, staff has developed interim service plans. The work in the Civic Center and Council Chambers will be localized to certain sections of the building. Generally the work will involve placing additional bracing in specific walls and in specific sections of some ceilings. However, the main walls that will require bracing are in the rotunda behind our service counters. This will require us to close the rotunda to complete this work. We also need to close the rotunda because scaffolding and equipment for lifting beams to the upper level and dome will have to be placed in the middle of the rotunda floor. While the rotunda is closed, we will continue to provide service to our customers. All offices and functions not located in the rotunda will still be open. The counter staff actually stationed in the rotunda will be relocated to temporary offices set-up in the employee parking lot where the carpool spaces are located. The functions that will be relocated will be the counter staff for Building and Safety, Engineering, Planning, Business Licenses and Cashier. Customers will either be able to use the walkway around the Council Chambers to reach these functions or enter through the main entrance to the Civic Center and use the hallway between Community Services and the Council Chambers to access the north parking lot. To help lessen the inconvenience, we also plan to install canopies over the walkway leading from the door to the north parking lot to the entrance of the temporary offices. When the upper level of the rotunda is closed, the Serrano Conference Room will have a temporary counter installed to house a receptionist for the all of the Upper Level Departments. A customer needing service from Administration, RDA or the City Clerk will be directed to this counter. Staff from the upper level offices can then come down to help the customers there or the customer can be escorted up the back stairs to the appropriate office. The seismic upgrade will also require that the Council Chambers be closed for up to four months. During that period we would have to hold public meetings in alternate locations. Staff is currently exploring the options available to us. Some of these alternate locations are the CCWD Board Room, Central School District Board Room and Lions West. While this work will cause some inconvenience to our staff and customers, service will not be interrupted. During construction we will continue to provide our full array of services. After construction we will have a Civic Center that will incorporate the building safety lessons learned from the Northridge earthquake helping to insure that essential services will always be available from City Hall. For these reasons, it is recommended that the City Council approve this Professional Services Agreement and the associated budget allocation of $187,500 from account 1025 001-5300. Respectfully submitted, Duane A. Baker Assistant to the City Manager -2- R A N H O C U C A M O N g A E NC. INEEI~I NC, DIVI&ION Memorandum DATE: March 6, 2002 TO:. Jack Lam, AICP, City Manager' '~ William J. O'Neil, City Engin~//~-- FROM: SUBJECT: CITY COUNCIL AGENDA ITEM D-6 - APPROVAL OF A RESOLUTION ADOPTING THE UPDATED GENERAL CITY MASTER PLAN OF DRAINAGE REPORT AND APPROVAL OF A RESOLUTION ESTABLISHING AN UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENT WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA Please remove item D-6 from the City Council agenda. This items is being reviewed by the City Attorney's ofl~ce and will come before the City Council at a later date. WJO:dlw CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Mamh 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer SUBJECT: APPROVAL OF A RESOLUTION ADOPTING THE UPDATED GENERAL CITY MASTER PLAN OF DRAINAGE REPORT AND APPROVAL OF A RESOLUTION ESTABLISHING AN UPDATED DRAINAGE IMPROVEMENT FEES FOR ALL DEVELOPMENT WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA RECOMMENDATION It is recommended that City Council approve a resolution adopting the updated General City Master Plan of Drainage Report, and that City Council approve a resolution establishing an updated drainage improvement fee for all development within the General City Local Drainage Area. BACKGROUNDIANALYSlS The General City Local Drainage Area of the City encompasses that area generally west of Deer Creek Channel. It is intended to address any area of the City that is outside a master planned development such as Victoria or Terra Vista, or not included in an drainage assessment district, or outside the Etiwanda area that due to its unique drainage requirements has its own master plan. The Master Plan of Drainage performs three objectives. First it identifies those areas of the City where nonexistent drainage improvements are necessary. That necessity is based on a need to protect the City from flooding. Secondly, it addresses a need to provide drainage improvements to accommodate future development. And third, it identifies facilities needed to relieve existing streets and drainage facilities that are overtaxed. In 1985 the City revised its General City Drainage Fee to $5,000 per acre. Since that time the fee has remained unchanged. Recently the City reviewed and updated its master plan study for the General City area and based on the adjustment of proposed drainage facilities sizes and locations, as well as the update of the cost of installing those facilities, has calculated an updated fee amount of $15,300 per acre. This amount represents a fair share amount for development in the General City drainage area. The drainage fee is the developers fair share cost of the General City drainage improvements. CITY COUNCIL STAFF REPORT GENERAL CITY DRAINAGE March 6, 2002 Page 2 The resolution provides this fee will be adjusted on an annual basis according to the Engineering News Record Construction Cost Index for Los Angeles. Respectfully submitted, William .~O'Nei~ City Engineer WJO:dlw Attachments RESOLUTION NO. OZ- ~)~-~ / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING UPDATED DRAINAGE IMPROVEMENT FEES (FOR CALENDAR YEAR 2002) FOR ALL DEVELOPMENTS WITHIN THE GENERAL CITY LOCAL DRAINAGE AREA OF THE CITY OF RANCHO CUCAMONGA WHEREAS, the City Council for the City of Rancho Cucamonga has adopted Ordinance No. 286 creating and establishing the authority for imposing and charging a General City Area Drainage Improvement Fee; and WHEREAS, a master plan of drainage study, and subsequent updates to said study, of the impacts of contemplated future development on existing public facilities in the General City Local Drainage Area, along with an analysis of the need for new development was conducted, and said study set forth the relationship between new development, the needed facilities, and the estimated costs of those improvements. The update to said study, entitled "General City Area Master Plan of Drainage", was prepared by DGA, is dated 2001, and was adopted on January 2, 2002; and WHEREAS, the City Council finds as follows: A. The purpose of this fee is to finance drainage facilities to reduce the impacts of flooding caused by new development, within the General City Local Drainage Area; B. The drainage fees collected pursuant to this resolution shall be used to finance only the public facilities described or identified in the "General City Area Master Plan of Drainage"; C. There is a need in this described impact area for drainage facilities which have not been constructed or have been constructed, but new development has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the City's Public Health and Safety Element of its General Plan; D. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts on development for which the corresponding fee is charged, and, also there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the study referred to above; RESOLUTION NO. Page 2 E. The cost estimates set forth in the "General City Area Drainage Fees Adjustment-2001" are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by new development will not exceed the total of these costs. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby resolve that: 1. Definitions. For purposes of this resolution: (a) "Benefit area" is that property which is generally tributary to that particular drainage facility. (b) "Net area" is the net of the area of the entire parcel, after exclusion of the area of all public street and highway rights-of-way and public lands, with respect to which a Building Permit is issued. 2. A drainage improvement fee shall be assessed upon approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit for development in the General City Local Drainage Area and shall be paid either prior to the recording of a subdivision map, a parcel map, the waiver of a parcel map or the issuance of a building permit, whichever occurs first, in the benefit area depicted and described in the "General City Area Master Plan of Drainage". When fees are collected upon the issuance of a building permit, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the Building Official. When fees are collected prior to the recording of a final or parcel map, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the City Engineer. In either case, the Building Official or the City Engineer shall determine if the development lies within this benefit area, the type of development and the corresponding fee to be charged in accordance with this resolution. 3. Fee. The fee structure shall apply to all development in the benefit area and shall equal $15,300.00 per net acre. 4. Funds. Fees collected shall be placed into a separate fund designated for the construction of the applicable drainage facility. 5. Use of Fee. The fee shall be solely used to pay (1) for the described public facilities to be constructed by the City; (2) for reimbursing the City for the development's fair share of those capital improvements already constructed by the City; or (3) to reimburse other developers who have constructed public facilities described in the "General City Area Master Plan of Drainage", where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. 6. Fee Review. The City Council shall review and adjust this fee to determine whether the fee amounts are reasonable related to the impacts of RESOLUTION NO. Page 3 developments whether the described public facilities are still needed. This fee shall be adjusted on January 1 of each year by the Engineering News Record Construction Cost Index for Los Angeles of January 1 of that year in proportion to a base index of 7228 (November 12, 2001). RESOLUTION NO. 0,~- ~--~ a RESOLUTION OF THE CITY COUNCIL Of THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE UPDATED GENERAL CITY AREA MASTER PLAN OF DRAINAGE REPORT WHEREAS, the City Council for the City of Rancho Cucamonga recognizes that the public health and safety require that adequate flood control and drainage facilities accompany additional land development; and WHEREAS, the City Council adopted the General City Area Master Plan of Drainage Report; and WHEREAS, minor alterations of a technical nature have occurred since that adoption which have warranted a need for the City Council to adopt an updated version of that plan; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY RESOLVE as follows: SECTION 1: That the City Council adopts the updated General City Area Master Plan of Drainage Report. SECTION 2: That the City Engineer may make minor modifications of a technical nature to said Plan and Policy upon more detailed reviews of the physical characteristics and hydrology/hydraulic analyses within the General City Area. RAN H O C U C a M O N G A ENGINEERING DEPARTMENT Staff Report DA[E: Mamh 6, 2002 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROffi: William J. O'Neil, City Engineer BY: Mark N. Brawthen, Contract Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1 FOR DR 00-61, LOCATED ON THE SOUTH AND WEST SIDES OF THE KNUCKLE INTERSECTION OF MALVEN AVENUE AND SALINA STREET, SUBMITTED BY SOUTHERN CALIFORNIA HOUSING DEVELOPMENT CORPORATION AND MALVERN HOUSING PARTNERS, LP. RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DR 00-61, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 1 and Street Lighting Maintenance District No. 1 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DR 00-61, located on the south and west sides of the knuckle intersection of Malven Avenue and Salina Street, in the High Residential District with a Senior Housing Overlay District of the Consolidated Development Code Residential Development District, was approved by the Planning Commission on December 13, 2000, for the development of 49 senior apartments on 1.31 acres of land. The Developer, Southern California Housing Development Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $12,600.00 Labor and Material Bond: $ 6,300.00 CITY COUNCIL STAFF REPORT DR 00-61 March 6, 2002 Page 2 Copies of the agreement and security are available in the City Clerk's Office. 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:MNB:sc Attachments Vicinity Map City of Rancho Cucamonga RESOLUTION NO. O2-- 0~3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT . SECURITY FOR DR 00-61 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement by Southern California Housing 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 south and west sides of the knuckle intersection of Malven Avenue and Salina 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 DR 00-61; 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. O~- gO ~-~ 5r/' 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 NO. 1 FOR DR 00-61 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. 1, and Street Lighting Maintenance District No. 1 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to lew 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. DR 00-61 March 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: SECT__ION 1: That the above recitals are all tree 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 m amounts not to exceed the amounts set forth m Exhibit B SECTION 4: All future proceedings °f the Maintenance Districts' including the levy °f 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: MALVEN HOUSING PARTNERS, L.P., A CALIFORNIA LIMITED PARTNERSHIP The legal description of the Property is: PARCEL 1: That portion of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11, township 1 South, Range 7 West, in the City of Rancho Cucamonga, County of San Bemardino, State of California, as shown on the map of Cucamonga Lands, recorded in Book 4, Page 9 of Maps in the office of the County Recorder of said County, described as follows: Beginning at the Northwest comer of the East half of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11, said point being in the South line of Arrow Route Highway (40.00 feet wide) and also being the Northeast comer of the parcel of land conveyed to Stanley D. Weaver, ey ux, by Instrument No. 135, recorded July 19, 1966 in Book 3990, Page 594, Official Records; thence South along the East line of said Weaver property, 273.00 feet, more or less, to the Southeast comer thereof; thence Westerly to the Northeast comer of the property conveyed to Chino Basin Municipal Water District, by Instrument No. 27, recorded November 12, 1954 in Book 3504, Page 160, Official Records; thence Southerly along the Easterly line of said Chino Basin Municipal Water property 333.20 feet to the Southeast comer thereof; thence West along the South line of said Chino Basin Municipal Water property, 302.71 feet to the East line of Archibald Avenue 60.00 feet wide; thence South along the East line of Archibald Avenue, 57.00 feet, more or less, to the South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11, thence South 89° 42' 56" East along the said South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11,665.45 feet, more or less, to the Southeast comer thereof, said point also being the Southwest comer of Lot 36, Tract No. 5347, as per plat recorded in Book 66 of Maps, Page 12; thence North along the East line of the said Northwest quarter of the Northwest quarter of the Southwest quarter of Section 11, beingalso the Westerly line of Tract No. 5347, said West line extended Northerly 663.98 feet to the South line of Arrow Route Highway; thence West along the South line of Arrow Route Highway 332.70 feet, more or less, to point of beginning. Except the interest conveyed to the County of San Bemardino for road purposes by deed recorded May 3, 1960 in Book 5127, Page 402 of Official Records, in the office of the County Recorder of said County. Also except that portion thereof described in the deed to the County of San Bemardino recorded May 28, 1964 in Book 6158, Page 909 of Official Records. Excepting therefrom that portion Northwest quarter, Southwest quarter, Section 11, Township 1 South, Range 7 West commencing at the Northwest comer of Lot 53, Tract No. 5347; thence North 89° 42' 34" West along the Westerly prolongation of the North line of said lot, 85.00 feet to the tree point of beginning; thence continuing North 89° 42' 34" West 116.85 feet to the beginning of a tangent curve concave Southeasterly having a radius of 20.00 feet; thence Southwesterly along said curve, through an angle ofg0° 25' 05" a distance of 31.56 feet; thence tangent to said curve South 0° 07' 39" East 184.00 feet; thence South 89° 42' 34" East 136.83 feet; thence North 0° 07' 39" West 204.00 feet more or less to the tree point of beginning. ^-1 Exhibit "A" continued Together with any interest in that 60foot wide strip of land known as Alpine Street (unimproved) lying within the above described parcel. Also excepting therefrom that portion of the Northwest one-quarter of the Northwest one-quarter of the Southwest one-quarter of Section 11, Township 1 South, Range 7 West, Cucamonga Lands, in the County of San Bemardino, State of California, as per map in Book 4, Page 9 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at the Southwest comer of Lot 37 of Tract No. 5347, as per map recorded in Book 66, Page(s) 11 and 12 of Maps, in the office of the County Recorder of said County; thence North along the West line of said Lot 37 and the West line of Lot 52 of said Tract No. 5347, to the Southeast comer of the land conveyed to the County of San Bemardino by deed recorded April 28, 1978 in Book 9421, Page 1867 of Official Records of said County; thence West along the South line of said County property to the Southwest comer thereof, said point also being the Easterly line of Malvem Avenue as conveyed to County of San B emardino, by deed recorded May 3, 1960 in Book 5127, Page 402 of Official Records of said County; thence Southerly, Southeasterly and Easterly along the Easterly line of Malvem Avenue and the North line of Salina Street to the point of beginning. Also excepting therefrom that portion of said land as described by deed recorded August 21, 1978 in Book 9500, Page 578 of Official Records of said County, also known as Parcel 3 of Parcel Map No. 4875 as per map recorded in Book 46, Page(s) 91 and 92 of Parcel Maps, records of said County. Except therefrom that portion thereof lying Northerly of the following described line: Beginning at the intersection of the Southerly prolongation of the Easterly line of the property conveyed to Chino Basin Municipal Water District, by instrument No. 27, recorded November 12, 1954 in Book 3504, Page 160, Official Records with the South line of the Northwest quarter of the Northwest quarter of the Southwest quarter of said Section 11; thence Northerly along said prolongation and said Easterly line North 00° 07' 22" West 245.15 feet to the Tree Point of Beginning; thence South 89° 50' 52" East 129.84 feet, more or less to the Westerly line of Malvem Avenue 66.00 feet wide. Also except therefrom that portion thereof lying Westerly of above-described Southerly prolongation of the Easterly line of the property conveyed to Chino Basin Municipal Water District, by Insmunent No. 27, recorded November 12, 1954 in Book 3504, Page 160, Official Records. As per Certificate of Compliance No. 479 for Lot Line Adjustment recorded February 21, 2001 as Instmmen~JFile No. 20010063631 of Official Records. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. EXHIBIT "A" ASSESSMENT DIAGRAM Tp.ELANDSCAPE MAINTENANCE D!STPJCT NO. I ET LIGH ! lNG MAINTENANCE DISTRICT NO, 1 · 1'AN=~9.20' - AREA TO BE ~ 69.20' $0UTHRLY LINE OF' ~ NSg'42'l 1 "E: SAUNA $1'REE'I' TR. NO. 5,54.7 ',4' 00-61 -° LOREN C. PHILLIPS, DATE: P.L.$. 3173 $ , $sg'42'$g"E 332.g 1' LEGEND PREPARED DY ~ DENOTES VACAT~O~ OF R-O-W BY CiTY TO OWNER. LOREN PHILUP$ & 22632 e, OLDEN SPmNC$ D~. SUITE ~SE~ENT LINE DIAMOND DA~, OA. Exhibit B To Description of the District Improvements Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): Landscape Maintenance District No. 1 (LMD #1) represents 33.93 acres of landscape area and 41.88 acres of parks, which are located at various sites throughout the City. These sites are not considered to be associated with any one particular area within the City, but rather benefit the entire City on a broader scale. As such, the parcels within this district do not represent a distinct district area as do the City's remaining LMD's. Typically parcels within this district have been annexed upon development. The various sites maintained by the district consist of parkways, median islands, paseos, street trees, entry monuments, Community Trails and Parks. The 41.88 acres of parks consist of Bear Gulch Park, East and West Beryl Park, Old Town Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. 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. Proposed additions to Work Program {Fiscal Year 2001/2002) For Project: DR 00-61 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 2 1 ......... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L#1 --- --' *Existing items installed with original project Assessment Units by District Parcel DU S I L 1 N/A 49 1 0.5 Exhibit C Proposed Annual Assessment Fiscal Year 2001/2002 LANDSCAPE MAINTENANCE DISTRICT NO. 1 (GENERAL CITY): The rate per assessment unit (A.U.) is $92.21 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 1 (General City): # of Assessment # of Rate Per Physical Units Factor Assessment Assessment Land Use Type Units Units Unit Revenue Single DU 7573 1.0 7269 $92.21 $670.274.49 Family Multi- DU 5952 0.5 2976 $92.21 $274,416.96 Family TOTAL $944,691.45 The Proposed Annual Assessment against the Property (DR 00-61) is: 49 DU x 0.5 A.U. Factor x $92.21 Rate Per A.U. = $2,259.15 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and ITse lTnit Tyne lTnits l Inlts g'netnr lTnit~ Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property (DR 00-61) is: 49 DU x 1 A.U. Factor x $17.77 Rate Per A.U. = $870.73 Annual Assessment c-1 R A N C H O C U C A M O N G A E NGIN E E [~l N G DE PAI~TI~EN T DATE: March 6, 2002 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, MONUMENTATION CASH DEPOSIT AND ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT NO. 16021, LOCATED AT THE NORTHWEST CORNER OF EAST AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY, SUBMI~ lED BY CRESTWOOD CORPORATION, A CALIFORNIA CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract No. 16021, accepting the Improvement Agreement, Improvement Securities, Monumentation Cash Deposit and ordering the annexation to Landscape Maintenance District No. 9 and Street Lighting Maintenance District Nos. 1 and 8 and authorizing the Mayor and the City Clerk to sign said agreement and to cause said map to record. BACKGROUND/ANALYSIS Tract No. 16021, located at the northwest corner of East Avenue and the Southern Pacific Railroad right-of-way, in the Low Residential District (2-4 dwelling units per acre), of the Etiwanda Specific Pan, was approved by the Planning Commission on December 8, 2001 for the development of 16 single family lots on 7.53 acres of land. CITY COUNCIL STAFF REPORT TRACT NO. 16021 March 6, 2002 Page 2 The Developer, Crestwood Corporation, a California Corporation, is submitting an agreement and securities to guarantee the construction of the off-site improvements in the following amounts: Faithful Pe[formance Bond $593,300.00 Labor and Material Bond: $296,650.00 Monumentation Cash Bond $ 3,200.00 Copies of the agreement and securities are available in the City Clerk's Office. The Consent and Waiver to Annexation forms signed by the Developer are on file in the City Clerk's office. A letter of approval has been received from the Cucamonga County Water District. Respectfully submitted, City Engineer WJO:WV:dlw Enclosures 5.5 BASELINE ROAD CITY OF rrEM: ~ RANCHO CUCAMONGA 'rrlx~~ ENGINE. ERING DIVISION RESOLUTION NO. (~) 2- ~ '~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16021 AND IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES AND MONUMENTATION CASH DEPOSIT WHEREAS, Tentative Tract Map No. 16021, submitted by Crestwood Corporation, a California Corporation, located at the northwest comer of East Avenue and the Southern Pacific Railroad Right-of-way, for the dev. elopment o.f 16 single family lots on 7.53 acres of land, was approved by the Planning Commission of the Cxty of Rancho Cucamonga on December 8,2001, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 16021 is the final map of the division of land approved as shown on said Tentative Tract Map; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Securities by Crestwood Corporation, a California Corporation, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Securities submitted by said developer be and the same are hereby approved, and the Mayor is hereby authorized to sign said Maintenance and Improvement Agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Tract Map No. 16021 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. KESOLUTION NO. O2-O~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 9 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 8 FOR TRACT 16021 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. 9, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 8 (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 Califomia ("Article XIIID'') establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. TRACT 16021 March 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 mounts not to exceed the amounts set forth in Exhibit B. SECTION 4: AIl furore 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: CRESTWOOD coRPoRATION, a California Corporation Thc l~gal description ofth~ Property is: Thc above-dcscrib~ parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. ASSE$$NIENT DIAGRA~ LAnDsCAPE IVLAfl~AI~CE DISTRICT sTI~EET LI6HTIIqG kiAIlqTE~ANCE DISTRICT 1~/O$. CITY OF R~NCItO CUCAMONGA ~o~ COUNTY OF SAN BE~A~INO ~ Exhibit B To Description of the District Improvements Fiscal Year 2000/2001 LANDSCAPE MARqTENANCE DISTRICY NO. 9 (LOWER ET1WANDA): Landscape Maintenance District No. 9 (LMD #9) represents landscape sites throughout the Lower Etiwanda Area. 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 sites maintained by the district consist of parkways, median islands and street trees 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 easemems of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA): Street Light Maintenance District No. 8 (SLD #8) is used to fund the maintenance and/or installation of street lights and traffic signals located on local streets in what is termed the South Etiwanda area of the City. Generally this area encompasses the area of the City east of Efiwanda Avenue, north of Foothill Boulevard and south of Highland Avenue within the incorporated area of the City. 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 local streets and traffic signals (or a portion thereof) on local street within the South Etiwanda area. B- 1 TR 16021 Exhibit "B" continued Proposed additions to Work Program (Fiscal Year 2001/2002) For Project: Tract 16021 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD # 1 --- 3 ......... SLD # 8 9 ......... Community Trail Cobble Non-Turf Trees Landscaping DGSF SF SF EA L9 ... 3381 1895 83 *Existing items installed with original project Assessment Units by District Parcel DU S 1 S 8 L 9 --- 16 16 16 16 B - 2 TR 16021 Exhibit C Proposed Annual Assessment Fiscal Year 2000/2001 LANDSCAPE MAINTENANCE DISTRICT NO. 9 (LOWER ETIWANDA) The rate per assessment unit (A.U.) is $375.91 for the fiscal year 2001/02. The following table summarizes the assessment rate for Landscape Maintenance District No. 9 (Lower Etiwanda): # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Parcel 269 1.0 269 $375.91 $101,119.79 Family The Proposed Annual Assessment against the Property (TR 16021) is: 16 SFR x 1 A.U. Factor x $375.91 Rate Per A.U. = $6,014.56 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2000/01. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment Land Use Unit Type Units Units Factor Units Unit Revenue Single Parcel 16,956.00 1.00 16,956.00 $17.77 $301,310.00 Family Multi- Unit 6,257.00 1.00 6,257.00 $17.77 $111,190.00 Family Commercial Acre 1,999.52 2.00 3,999.04 $17.77 $71,060.00 TOTAL $483,560.00 The Proposed Annual Assessment against the Property (TR 16021) is: 16 SFR x 1 A.U. Factor x $17.77 Rate Per A.U. = $284.32 Annual Assessment C-1 TR16021 ~ Exhibit "C" continued STREET LIGHT MAINTENANCE DISTRICT NO. 8 (SOUTH ETIWANDA) The rate per assessment unit (A.U.) is $193.75 for the Fiscal Year 2001/02. The following table summarizes the assessment rate for Street Light Maintenance District No. 8 (South Etiwanda): # of Rate Per Physical # of Physical Assessment Assessment Assessment l,and line IInit Tyne l/nit~ 1 Ioit~ Fac. tot lInits llnit Revenue Single Parcel 350 1.00 350 $193.75 $67,812.50 Family The Proposed Annual Assessment against the Property (TR 16021) is: 16 SFR x 1 A.U. Factor x $193.75 Rate Per A.U. = $3,100.00 Annual Assessment C - 2 TR 16021 ~,~ ~ A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: Mamh 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Lucinda Hackett, Associate Engine~ Richard Oaxaca, Engineering Tech~-ciah;~ SUBJEC'r: ACCEPT THE BIDS RECEIVED AND AWARD AND AUTHORIZE THE EXECUTION OF THE CONTRACT IN THE AMOUNT OF $2,271,522.00 ($2,065,020.00,PLUS 10% CONTINGENCY) TO THE APPARENT LOW BIDDER, MIKE BUBALO CONSTRUCTION CO., INC., FOR THE CONSTRUCTION OF THE HERMOSA AVENUE STORM DRAIN AND STREET IMPROVEMENTS FROM 400' NORTH OF CHURCH STREET TO 500' NORTH OF BASE LINE ROAD, TO BE FUNDED FROM MEASURE I FUNDS, ACCOUNT NO. 11763035650/1301176-0, DRAINAGE FUNDS, ACCOUNT NO. 11123035650/1292112-0, AD 84-2 FUNDS, ACCOUNT NO. 16043035300, AND AD 86-2 FUNDS, ACCOUNT NO. 16063035300 RECOMMENDATION: It is recommended that the City Council accept the bids received and award and authorize the execution of the contract in the amount of $2,271,522.00 ($2,065,020.00 plus 10% contingency) to the apparent Iow bidder, Mike Bubalo Construction Co., Inc., for the construction of the Hermosa Avenue Storm Drain and Street Improvements from 400' north of Church Street to 500' north of Base Line Road, to be funded from Measure I funds, Account No. 11763035650/1301176-0, Drainage Funds, Account No. 11123035650/1292112-0, AD 84-2 Funds, Account No. 16043035300, and AD 86-2 Funds, Account No. 16063035300. BACKGROUNDIANALYSlS: Per previous Council action, bids were solicited, received and opened on February 19, 2002, for the subject project. The Engineer's estimate was $3,278,457.50. Staff has reviewed all bids received and found them to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. City Engineer HERMOSA AVENUE STORM. DRAIN AND STREET IMPROVEMENTS (FROM 400'+ N. OF CHURCH STREET TO 500'± N. OF BASE LINE ROAD) : - ................... ~..~. :-' ............. ~ CITY OF RANCHO CUCAMONGA VICINITY MAP BID SUMMARY FOR BID OPENING FEBRUARY 19, 2002 Avoarent Low Bidder HERMOSA AVENL~ STORM DRAIN & STREET ENGINEERS Mike Bubalo Steve Bubalo IMPROVEMENTS ESTIMATE Construction Co.? Inc. Construction Co. KEC Engineering AMOUNT COST AMOUNT COST AMOUNT NO (~T~ UNIT DESCP.~]?TION COST AMOUNT COST ]. LS ;leafing & Grubbing (ind. removals, unclas, excav.~[I & disp.)$25,000.0( $25,se0.0( $40.000.00 $40,000.00 $66,000.0( $66,000.0( $30,000.00 $30,000.0( ;~. ]70( TONS .;rushed A~l~m~ate Base (0.50') $20.0( $34,000.0( $15.00 $25,500.00 $20.0( $34,000.0( $25.00 $42,500.0( 3. 160( TONS ~,sphalt Concrete (incl, pavement preparation) $50.0( $80,000.0{ $40.00 $64,000.00 $30.0( $48,000.0( $40.00 $64,000.0( 4. 190( TONS ~,RHM Ove~},, ind. pavement prop., mulJng & crack seal $55.0( $t04,so0.o~ $75.00 $t42,$00.00 $60.0c $!14,000.0( $45.00 $85,500.0( 5. 410( SY /aiable Cold Plane horn 0' to 0.12' Deep $t.2c $4,920.0( $2.50 $10,250.00 $2.0c $8,200.00 $4.00 $16,400.0( 6. il EA ~,djust Manhole to Finished Grade $200.0c $3,200.01 $500.00 $8,000.00 $400.0( $6,400.00 $620.00 $9,920.0( 7. 2( E^ ~,disst Water Valve, Water Meter & PB to FG $150.0( $3,000.c~ $200.00 $4,000.00 $200.0( $4,000.00 $520.00 $10,400.00 s. 2 ~A ,;arch Basin, W=60', including local depression $20,o0o.o( $40,000.0~ $:zo,ooo.oo $40,000.00 $15,000.00' $30,0c0.00 $20,000.0(3 $40,000.c0 9. i F~ ;atchBasin, W=42',indudinglocaldepression $15,0c0.0( $15,000.0~ $15,000.00 $15,000.00 $ll,000.00 $11,000.00 $17,000.0c $17,000.00 lo. 3 EA ,;atch Basin, W=28', including local depression $i2,e00.0( $36,000.0~ $7,500.oo $22,500.00 $6,000.o0 $18,000.00 $11,o00.0( $33,000.~0 I 1. 5 EA 3arch Basin, W=21', includin~l local depression $8,000.0( $40,000.c~ $6,0c0.00 $30,0~0.0( $(;,000.00 $30,000.00 ss,000.0c $40,000.00 12. 11 EA ',,lonolithic Catch Basin Connection $soo.o( $5,500.c0 $250.00 $2,750.0( $300.00 $3,300.00 $540.0( $5,940.0v 36 LS Relocate exisL 8' CML & C Water Line {see CCWD Ptan) $9,sse.0( $9,800.0( $17,500.00 $17,500.00 $5,000.00 $5,000.00 $30,000.0( $30,000.0u 39 EA ConsL Blkt Prat. for exist 8" VCP Sewer per Cit'/Std. 340 $500.0c $1,000.0{ s250.00 s500.0e $1,000.00 $2,000.00 $1,200.001 $2,400.uu 40.I EA Pipe Closure Ty~e 'A", per SBCFD SP.176 $2,000.0c $4,~00.0~ $2,soo.oo $5,000.00 $1,000.00 S2.000.00 $t,000.00 $3,600.uu 43.i LS IInsL SL Lk~ht Conduit, Pull Rope & PB & Coord. wi SCE $10,000.0( $10,000.0~ $10,000.00 $10,000.0c $10,000.00 $10,~00.00 $30,0o0.00 $30,000.0( 45. LS :~emove and Replace Dama~led Ldssp. & Ini~l. in like and kind $5,000.0( $s,ooo.o~ $5,000.00 $5,000.0( $8,000.00 $8.00o.00 $11,000.00 $1 l,ooo.oc 46. LS rreffic Sil)nir~, Stdpin~,l & Pavement Markings S~O,00o.0( $2o,ooo.o $2o,ooo.oo $~o,ooo.0( $15,ooo.o0 $15,ooo.00 StO,Oeo.oo $1o,ooo.o( Page I BID SUMMARY FOR BID OPENING FEBRUARY 19, 2002 Southern California Sean Malek . HERMOSA AVENUE STORM DRAIN & STREET Underground Engineering &; IMPROVEMENTS Albert W. Davies~ Inc. Cornish Construction Contractors, Inc. Belczak & Sons~ Inc. Construction, Inc. 24. 120 LF Masonry Retaining Wall, Type B (City Standard No. 604) $76.00 $9,120.0( $100.OO $12,0OO,0C $75.0( $9,OO0.OO $45.00 $$,400.0( $100.OC S ~ 2,OO0.OO 39 EA 3onsL BIk~ Prot. for exist 8" VCP Sewer per City Std, 340 $2,420.00 $4,840,0c $1,ooo.oo $2,000,00 $1 ,~00.00 $2,oo0.0{ $soo,oo $1 ,ooo.o£ $2,oo0.0c ~4,0oo.oo 43J LS InstSlLightConduiLPullRope&PB&Coord. w/SCE S26.800.OO $26.800.C( $15,OOO.OO $15,OO0.0~ S2,OO0.0~ $2,000.00 $22,OO0.OO $22,OO0.00 S13,OO0.00 $13,OOO.I,, 45. I.S Tralfic Si~lnin~, Stdpi~ & Pav~iiie~iMarki~s $12,840.00 $12,840.0( $15,000.00 $15,oo0.0c $15,0c0.0c $15,0oo.00 $3o,o00.oo $30,0oo.oo $10,000.00 $10,000.{~ ~ Page 2 R A lq C H O C U C A M O N G A ]~ NGINZI~DING D~DAI~TM~NT Slaff Report DATF_z March 6, 2002 TO:. Mayor and Members of the City Council Jack Lam, AICP FROM: William J. O'Neil, City Engineer - BY: Dave Blevins, Public Works Maintenance Manager SUBJECT: APPROVE A CONTRACT AMENDMENT WITH JDC, INC. FOR THE "CITY WIDE CONCRETE REPAIR, TREE REMOVAL AND TREE PLANTING ANNUAL MAINTENANCE AGREEMENT (CO001-075) RECOMMENDATION It is recommended that the City Council ap~r.o, ve .a. contract am~end.me~ to increase the agreement by the amount of $180,000 for the C~tyw~de Uoncrete tcepmr, ~ree Removal and Tree Planting Annual Maintenance Agreement (CO-01-75). BACKGROUND/ANALYSIS For several years now the City has been fortunate enough to sustain an aggressive sidewalk and street tree replacement program which helps to, be.autify our neighbo,[h.oods and to, mak,e them safer by replacing damaged sidewalk.s an, drep)antmg street tr. ees.~ ms,,year we nave .naa~,an unusually mild winter that has penmttea work to progress at a roster man normat rate. ~ ne contract amendment being recommended will per~.it us t.o ta~.e, a, dv. an~tag,e of. the mild winter and to keep up a good momentum of badly needed repmrs to the c~ty s ~ntrasrructure. City Engineer WJO:DC:ju R A N C h O C U C A M O N G A ENGINEERING DEPART~IENT DATE: Mamh 6, 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 THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE ETIWANDA AVENUE AT-GRADE RAILROAD CROSSING, LOCATED SOUTH OF WHITTRAM AVENUE, DESIGNATED AS CPUC CROSSING NO. 101 SG-,!.,!.10 AND U. S. DEPARTMENT OF TRANSPORTATION NO. 026151P RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Construction and Maintenance Agreement between the City and SCRRA, and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the proposed widening improvements to the Etiwanda Avenue at-grade railroad crossing, located south of Whittram Avenue, designated as CPUC crossing No. 101 SG-44.10 and also designated as U. S. Department of Transportation No. 026151P. BACKGROUND/ANALYSIS: Execution of this agreement is required prior to constructing improvements to the railroad crossing, which include automatic signal protection system, track structure, and crossing pad surfacing. The railroad improvements will be 90% Federally funded with 10% local matching funds. Etiwanda Avenue will be widened to its ultimate width to provide future two CITY COUNCIL STAFF REPORT RE: CONSTRUCTION & MAINTENANCE AGREEMENT WITH SCCRA MARCH 6, 2002 PAGE 2 lanes in each direction across the railroad tracks then transition to meet the existing improvements. This project will only widen the street a sufficient distance north and south of the tracks to complete the crossing to its ultimate configuration. Respectfully submitted, William ~J(. O'Neil City Engineer WJO:JAD Attachments: Vicinity Map Resolution Construction and Maintenance Agreement · .,.._j~l ,,~_- _~z~E~'./-~f~-17-- ,. // "~ ~- - ~ ~ ~ ~ ~,o~ I~ .,; ~-- ~ ~ · PROJECT LOCATION ~ ~~ CI~ OF RANCHO CUC~ONGA ~ ETIW~DA STREET AND RM~OAD IMPRO~MENTS VICINITY MAP 7/ RESOLUTION NO. i~2.'O~) ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE ETIWANDA AVENUE AT- GRADE RAILROAD CROSSING, LOCATED SOUTH OF WHI'I-rRAM AVENUE, DESIGNATED AS CPUC CROSSING NO. 101 SG-44.10 AND U. S. DEPARTMENT OF TRANSPORTATION NO. 026151P WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an Agreement between the City of Rancho Cucamonga and Southern Califomia Regional Rail Authority (SCRRA), for the proposed widening improvements to the Etiwanda Avenue at-grade railroad crossing, located south of Whittram Avenue, designated as CPUC crossing No. 101 SG-44.10 and U. S. Department of Transportation No. 026151 P. WHEREAS, the Agreement is for the construction and maintenance of at- grade railroad crossing improvements that include automatic signal protection system, track structure, and crossing pad surfacing. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Agreement between SCRRA and City for the construction and maintenance of at-grade railroad crossing improvements be hereby approved and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ?2_ R A N C H O C U C A M O N G A ~NCIN~EI~ING D~PAI~T~q~T Staff Report DATE: March 6, 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 THE CONSTRUCTION AND MAINTENANCE AGREEMENT BETVVEEN THE CiTY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE HERMOSA AVENUE AT-GRADE RAILROAD CROSSING, LOCATED SOUTH OF 8TM STREET, DESIGNATED AS CPUC CROSSING NO. 101 SC-40.60 AND U. S. DEPARTMENT OF TRANSPORTATION NO. 026160N RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Construction and Maintenance Agreement between the City and SCRRA, and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the proposed widening] improvements to the Hermosa Avenue at-grade railroad crossing, located south of 8"' Street, designated as CPUC crossing No. 101 SG-40.60 and also designated as U. S. Department of Transportation No. 026160N. BACKGROUND/ANALYSIS: Execution of this agreement is required prior to constructing improvements to the railroad crossing which include; rehabilitation of the railroad tracks, placing of concrete crossing panels, and the installation of new railroad signals and street improvements. These improvements are funded with Redevelopment Agency funds and will be constructed with CITY COUNCIL STAFF REPORT RE: SCRRA AGREEMENT-HERMOSA AVE. March 6, 2002 Page 2 the Lower Hermosa Phase II storm drain, street widening, traffic signal, and utility underground improvements. When completed Hermosa Avenue will be striped for two lanes in each direction from 4"~ Street to north of the Metrolink tracks north of 8t~ Street. Respecff~ly submitted, William 3:'. O'Neil City Engineer WJO:JAD Attachments: Vicinity Map Resolution Construction and Maintenance Agreement 24TH 5T NT$ DT ~ GTM ~T 4TM ~T PRO J E CT ONTAP. IO CITY LIMIT LOCATION CITY OF RANCHO CUCAMONGA LOWER HERMOSA AVENUE PHASE 2 ST. ~IDEN, S.D., T.S., UPGRADE R/R TRACKS & UG UTILITIES S/0 8TH ST. TO N/0 METROLINK TRACKS N/O 8TH ST. VICINITY MAP RESOLUTION NO. ~)2"~)/z) ~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMONGA, CALIFORNIA, APPROVING A CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA), FOR THE PROPOSED WIDENING IMPROVEMENTS TO THE HERMOSA AVENUE AT-GRADE RAILROAD CROSSING, LOCATED SOUTH OF 8TM STREET, DESIGNATED AS CPUC CROSSING NO. 101 SG-40.60 AND U. S. DEPARTMENT OF TRANSPORTATION NO. 026160N WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an Agreement between the City of Rancho Cucamonga and Southern California Regional Rail Authority (SCRRA), for the proposed widening improvements to the Hermosa Avenue at-grade railroad crossing, located south of 8th Street, designated as CPUC crossing No. 101 SG-40.60 and U. S. Department of Transportation No. 026160N. WHEREAS, the Agreement is for the construction and maintenance of at- grade railroad crossing improvements that include automatic signal protection system, track structure, and crossing pad surfacing. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Agreement between SCRRA and City for the construction and maintenance of at-grade railroad crossing improvements be hereby approved and the Mayor is hereby authorized to sign said Agreement 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 ENGINEERING DEPARTMENT DATE: Mamh 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer Jerry A. Dyer, Associate Engineer ~'~ BY: SUBJECT: APPROVAL OF AN UNDERGROUND COMMUNICATION FACILITIES AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VERIZON CALIFORNIA INC. FOR THE LOWER HERMOSA AVENUE, PHASE 2, STORM DRAIN, STREET WIDENING AND UTILITY UNDERGROUND IMPROVEMENTS FROM 350 FEET SOUTH OF 8TM STREET TO NORTH OF THE METROLINK RAILROAD TRACKS RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution approving the Underground Communication Facilities Agreement between the City and Verizon California Inc., and authorizing the City Clerk to attest and the Mayor to sign the agreement, for the Lower Hermosa Avenue, Phase 2, Storm Drain, Street Widening and Utility Underground Improvements from 350 feet south of 8th Street to north of the Metrolink railroad tracks. BACKGROUND/ANALYSIS: Plans and specifications are currently being prepared for the second phase of the Lower Hermosa Project, extending from south of 8th Street to north of the Metrolink Railroad tracks north of 8th Street. The project will construct storm drain, widen the street, smooth out the grade over the railroad tracks, construct a traffic signal at 8th Street, upgrade the Metrolink crossing, and underground the existing overhead utilities. The attached agreement pertains to the utility under grounding portion of the project. The City will install underground conduit and related facilities for the utility companies. The attached agreement covers the work to be done by the City and the reimbursement of Vedzon for their cost to remove/relocate their existing overhead lines to the new underground conduit installed by the City. CITY COUNCIL STAFF REPORT LOWER HERMOSA- VERIZON AGREEMENT March 6, 2002 Page 2 A copy of the Underground Communication Facilities Agreement is available in the City Clerk's Office. Respectfully submitted, William O. O'Neil City Engineer WJO:JAD:Is Attachments: Vicinity Map Resolution (Underground Communication Facilities Agreement ~~ ~r ~~7~ ~ il P~OJECT i~ ONTAK, O C,~ LIMIT LOCATION LO~R ~R~OSA AV~NU~ P~g g ST. ~D~N, S.D., T.S., ~G~ R/R T~CKS & UG HTI~TI~S VICINITY MAP RESOLUTION NO. ~2- ~~z~) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCMONGA, CALIFORNIA, APPROVING AN UNDERGROUND COMMUNICATION FACILITIES AGREEMENT BETWEEN THE CITY AND VERIZON CALIFORNIA, INC., FOR THE REPLACEMENT OF OVERHEAD WITH UNDERGROUND FACILITIES FOR THE LOWER HERMOSA, PHASE 2, STORM DRAIN, STREET WIDENING AND UTILITY UNDERGROUND IMPROVEMENTS FROM 350 FEET SOUTH OF 8TM STREET TO NORTH OF THE METROLINK RAILROAD TRACKS WHEREAS, the City Council of the City of Rancho Cucamonga has for its consideration an Agreement between the City of Rancho Cucamonga and Verizon California, Inc., for the replacement of overhead with underground facilities for the Lower Hermosa, Phase 2, Storm Drain, Street Widening and Utility Underground Improvements; and WHEREAS, the Agreement is for the placement of underground conduit and substructures by the City and for the replacement of the overhead with underground facilities by Verizon along Hermosa Avenue and 8th Street. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, hereby resolves that said Agreement for the replacement of the overhead with underground facilities be hereby approved and the Mayor is hereby authorized to sign said Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. T H E CITY O F RANCHO CUCAMONGA Staff Report DATE: Mamh 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Linda D. Daniels, Redevelopment Director BY: Lynda L. Thompson, Redevelopment Technician SUBJECT: APPROVAL OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO RELATING TO THE PROVISION OF FIRST TIME HOMEBUYER PROGRAMS RECOMMENDATION Approval of a Cooperative Agreement between the City of Rancho Cucamonga and the County of San Bernardino relating to the provision of first time homebuyer programs. BACKGROUND/ANALYSIS Under Federal and State Law, Cities and Counties have the authority to issue bonds that provide a public benefit. One of these benefits includes home ownership opportunities to help Iow-to-moderate income households acquire their first home with a minimum down payment. Cities and counties join together to form cooperative agreements to allow the issuance of bonds to fund and administer homeownership programs that serve income-eligible households. Mortgage funding generated in this manner poses no risk to the funds of the participating entities. The proceeds of the monthly payments that are made by the homebuyers are used to repay the bond investors. In 1995, the City entered into a Cooperative Agreement with the County. During the past two years, the County has implemented additional homeownership programs, now available countywide based on the terms of the existing Cooperative Agreements that were executed in 1995, and which has been extended and expanded through subsequent amendments. The new programs include a Lease Purchase Program administered by the California Cities Home Ownership Authority (CCHOA) and the Extra Credit Teacher Home Purchase Program. The changes to the Cooperative Agreement authorized in the resolution will: 1) allow the Cooperative Agreement to be renewed automatically each year upon written notification to the City by the Director of ECD; 2) add clarification that the Cooperative Agreement will automatically apply to any additional homeownership programs to be developed by the County, if not otherwise restricted by applicable federal or state program regulations; and 3) will require the County to advise the City of any new programs that may be offered countywide under the Cooperative Agreement. There is no cost to the City for participation in the County bond program. Respectfully submitted, Linda D. Daniels Redevelopment Director -2- R A N C H O C U C A M O N G a ~Ot~r~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: March 6, 2002 SUBJECT: Approval to Execute an Addendum to the Epicenter Rental Contract with the Rancho Cucamonga High School for Waiver of Rental Fees Associated with Graduation Ceremonies at the Rancho Cucamonga Epicenter in Exchange for City Use of Rancho Cucamonga High School's Gymnasium for City's Youth Basketball Program for 2003 and 2004. RECOMMENDATION: Staff recommends entering into a two-year agreement to provide Rancho Cucamonga High School the Epicenter Stadium for high school graduation in the years 2003 and 2004. In exchange, the City will receive the usage of the Rancho Cucamonga High School's gymnasium for its City Youth Basketball Program in 2003 and 2004. BACKGROUND/ANALYSIS: Rancho Cucamonga High School has requested that the City once again consider an addendum to their Epicenter Rental Contract to allow its 2003 and 2004 graduation classes to conduct their commencement ceremonies at the Epicenter Stadium. A similar agreement has been in place since 1996. In exchange for the stadium's base rental fee of $2,000, the City would continue to be allowed use of the high school's gymnasium for its Youth Basketball Program. The City's basketball program has continually grown over the past several years. The participant levels have exceeded Community Services ability to provide in-door game space, which in the past has resulted in games played outside or indoors on Sundays, which has not been popular with parents. CITY COUNCIL APPROVAL TO EXECUTE ADDENDUM TO EPICENTER RENTAL CONTRACT WITH RCHS FOR GRADUATION CEREMONIES AT THE EPICENTER IN EXCHANGE FOR CITY'S USE OF RCHS GYMNASIUM MARCH 6, 2002 Fiscal Impact: The $2,000 fee exchange applies only to facility rental. It does not include staff, maintenance or operational expenses associated with usage of the Epicenter Stadium. The high school would continue to provide comprehensive public liability insurance in the amount of $2 million dollars. Dates for use of the Epicenter Stadium are coordinated with Valley Baseball prior to approval. In summary, the past has shown that this agreement is mutually beneficial to both the City of Rancho Cucamonga and Rancho Cucamonga High School therefore staff recommends that the City Council approve the attached addendum to the Epicenter Rental Contract. ~/~ ~~ed, Kevin~ VlcArdle Community Services Director ~:~C~MMSER~1c~unci~&B~ards~cityc~unci~Sta~Rep~rts~2~RcHSGraduati~nAddendum3~6. 02. doc -2- '~ITY COUNCIL APPROVAL TO EXECUTE ADDENDUM TO EPICENTER RENTAL CONTRACT WITH RCHS FOR GRADUATION CEREMONIES AT THE EPICENTER IN EXCHANGE FOR CITY'S USE OF RCHS GYMNASIUM MARCH 6, 2002 ADDENDUM TO THE TERMS AND CONDITIONS OF PERMIT USE OF THE EPICENTER STADIUM The terms and conditions of permit for facility use of the Epicenter are hereby modified to incorporate the following provisions between the City of Rancho Cucamonga and the Rancho Cucamonga High School (RCHS): 1. Rancho Cucamonga High School shall be permitted to rant the Epicenter Stadium for its 2003 and 2004 senior graduation. The City and RCHS will coordinate and develop a graduation event plan to insura a successful commencement program and to mitigate any problems ralated to public safety and crowd control and potential damage to the Epicenter Stadium Complex. 2. The rantal payment for RCHS's one day use of the Epicenter Stadium in 2003 and 2004 shall be exchanged for the City's use of the RCHS full gymnasium space for seven (7) to ten (10) Saturdays between January and March of 2003 (January 4, 11,18, 25; February 1, 8, 15, 22; and March 1 and 8~) and 2004 (January 3, 10,17, 24; February 7, 14, 21, 28; and March 6th and March 13th) from 11:30 a.m. until 10:00 p.m. The City and RCHS will coordinate a procedura to insura a successful youth basketball program and to mitigate any problems ralated to safety, crowd control, vandalism and damage to the RCHS gymnasium. (a) If seven (7) to ten (10) Saturdays cannot be provided by the end of the basketball program (2003 - March 8th; 2004 -- March 13th) the City will have the option of using additional Saturdays through March 2003~2004 to extend its season. The City may or may not utilize this option. Due to the basketball season time constraints, the City requiras the use of ten Saturdays prior to March 8, 2003/March 6, 2004. (b) The exchange applies to rantal fees only and does not include other facility use costs such as staffing. 3. A meeting of the City and RCHS staff will be held no later than the first week of October to raview the school's calendar and confirm the City,s gymnasium program usage. Facility conflicts will be resolved by City and RCHS personnel 4. The rantal date of Epicenter Stadium for the RCHS graduation ceramonies shall be coordinated with Valley Baseball Club, Inc. and the Quakes baseball season home schedule. City of Rancho Cucamonga Rancho Cucamonga High School Kevin McArdle Joann Cadwallader Community Services Diractor ~ School Operations Manager Date: ~"[~ate: '~//~ ~/,~.~- -3- R A N C h O C U C A M O N G a F~ N C- IN E [: 1~ I N G L) t: PAI~ Tf~ E NT $ Repor DALE: Mamh 6, 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: RELEASE THE LABOR AND MATERIAL BOND, FOR TRACT 13812, SUBMITTED BY WEALTH V, LLC, LOCATED WEST OF ETIWANDA AVENUE, BETWEEN SUMMIT AND HIGHLAND AVENUES RECOMMENDATION: The required improvements for Tract 13812 have been completed and accepted, and it is recommended that the City authorize the City Clerk to release the Labor and Material Bond at this time. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 13812, located west of Etiwanda Avenue, between Summit and Highland Avenues, the applicant was required to complete street improvements. The improvements have been completed and accepted. It is recommended that the City Council release the Labor and Material Bond at this lime. Developer: WEALTH V, LLC 1028 Westminster Avenue Alhambra, CA 91803 Release: Labor and Material Bond LG 210042 $282,000 City Engineer WJO:LRB:Is :T CITY OF rrE~ Tract 13812 RANCHO CUCAMONGA TrrL~:Vicinity Map ENGINEERING DMSION l~l~nlT: '*A' [~ A N C H O C U C A M O N G A ~NGINI~EI~ING D~ DAI~THI~NT $t fRepo DATE: March 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Jerry A. Dyer, Associate Engineer Richard Oaxaca, Engineering Technician SUBJECT: ACCEPT THE CONSTRUCTION OF THE LOWER HERMOSA STORM DRAIN & STREET WIDENING-PHASE I, CONTRACT NO. 00-078 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION RECOMMENDATION: It is recommended that the City Council accept the construction of the Lower Hermosa Storm Drain & Street Widening-Phase I, Contract No. 00-078, as complete, authorize the City Engineer to file a Notice of Completion, accept a Maintenance Bond, release the Faithful Performance Bond and authorize the release of the Labor and Materials Bond in the amount of $3,087,182.00 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 $145,871.11, 35 days after acceptance. 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 is pending litigation. The original amount approved by Council was $3,395,889.20 ($3,087,172.00 plus 10%). v'~al~m J. O ~eil City Engineer WJO:JAD/RO:Is Attachments LoWer Hermosa Avenue Storm Drain and Street Widening VICINITY MAP RESOLUTION NO. OZ-O?t~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE LOWER HERMOSA STORM DRAIN & STREET WIDENING-PHASE I, CONTRACT NO. 00-078 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Lower Hermosa Storm Drain & Street Widening-Phase I, Contract No. 00-078, 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 City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. ORDINANCE NO~ ~{:~ ? ~'~ AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 01-02, A DEVELOPMENT AGREEMENT BETVVEEN 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 6586~4 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 properbj, 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 criteria 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 hearing 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 Cucemonga conducted a duly noticed public hearing conceming 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 Cucemonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically flpds 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 Victoria 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 Ordinanc_~ 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 Cucemonga, California. ORDINANCE NO. ~ 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 ~NOWN 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, I-1§ 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 hearing on the application and issued Resolution No. 02-21, recommending to the CityCouncil ~that the application be approved. 3. On February 20, 2'002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded sand headng on that date. 4. All legal prerequisites pdor to the adoption ofihis 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 amendh~ent does promote the g0ais 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 by the City Council. a. That the "Final Environmental Impact Report for Victoda 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 City Council; and, further, this Council has reviewed and considered the information contained in said Environmental Impact Repor~ 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 am 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 dudng the public headng, 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 signiflcent 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 Victoria 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. THE CITY OF I~AN Cl~ 0 C~CAMONGA Staff Report DATE: March 6, 2002 TO:. Mayor and Members of the City Council Jack Lam, AClP, City Manager FROM: Brad Buller, City Planner BY: Kirt A. Coury, Associate Planner SUBJECT: CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16257 - FORECAST CORPORATION - The appeal of the Planning Commission decision to approve a request to subdivide 24.2 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda · Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29, and a portion of 17. Related files: Conditional Use Permit DRC2001- 00557 and Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. CONSIDERATION OF APPEAL FOR ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - The appeal of the Planning Commission decision to approve a request to construct 340 apartments on 24.2 acres of land in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29, and a portion of 17. Related files: Tentative Tract Map SUBTT16257 and Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that the City Council deny the appeal filed in opposition to the project, thus upholding the decision of the Planning Commission approving the Conditional Use Permit application. BACKGROUND: Neighborhood meetings were conducted on November 20, 2001, and January 17, 2002. Subsequently, the project was reviewed by the advisory committees. The project was redesigned based upon recommendations of the Design Review Committee. The Planning Commission CITY COUNCIL STAFF REPORT SUBTT16257 AND DRC2001-00557 - FORECAST CORPORATION Mamh 6, 2002 Page 2 conducted a public hearing to consider Tentative Tract Map SUBTT16257, and Conditional Use Permit DRC2001-00557 on January 9, 2002, and continued the item to the January 23, 2002, meeting (Exhibit "F"). Eight residents cited their concerns about the project, which included traffic and blocked access to their properties, design and site layout of the project, and fire safety concerns. The subject appeal was filed in a timely fashion by six petitioners on January 31,2002 (Exhibit ANALYSIS-, The appellants pose the following points in their appeal: January 31, 2002 Letter from Don Glover 1. The residents surrounded by the proposed project were not satisfactorily involved in the City review process. Response: The City followed established practice by mailing hearing notices, posting the property, and publishing a legal advertisement in the local newspaper. In addition, residents were given the additional opportunity of participating in various neighborhood meetings after the application was deemed complete for processing (Exhibit "B"). Neighborhood meetings are not required by ordinance. The City's ordinance provides primary opportunity for public comment through the duly noticed public hearing of the Planning Commission. 2. The environmental study with subsequent Negative Declaration did not involve input from the affected property owners. In addition, No written response was provided to issues identified in a January 9, 2002, letter of concern. Response: Neither CEQA (California Environmental Quality Act) nor the City's Environmental Guidelines require written response to comments on proposed Negative Declarations. A neighborhood meeting was conducted before the Draft Initial Study was circulated for public comment prior to the scheduled Planning Commission meeting. No written comments were provided by the public until January 9, 2002 (the date of the original public hearing). The adopted initial study addresses the environmental issues identified by the CEQA Guidelines, and is compliant with said Guidelines. A Notice of Intent to adopt a Mitigated Negative Declaration was provided to the public 20 days prior to the public hearing, above and beyond the single method required, by 1) publication in newspaper, 2) posting on site, and 3) mailing to residents. Lastly, at the January 23 Planning Commission meeting, the environmental concerns and issues identified by the adjacent property owners were discussed and addressed in the written staff report and during the public hearing process (Exhibit "F"). 3. Concerns raised in a letter dated January 8, 2002, regarding access, grading, utilities, aesthetics and prescriptive easements were not addressed at the January 23, 2002, Planning Commission Meeting. Response: All of the concerns identified in the January 8, 2002, meeting were responded to in the written staff report to the Planning Commission. Regarding alleged "prescriptive easement" rights; staff consistently informed residents that the burden of proof is theirs. Despite repeated requests, no evidence was submitted indicating a court decision establishing prescriptive easements. CITY COUNCIL STAFF REPORT SUBTT16257 AND DRC2001-00557- FORECAST CORPORATION March 6, 2002 Page 3 4. Issues identified in a letter dated January 23, 2002, to the Planning Commission were not addressed. Response: There was considerable overlap of issues in the letters received. Again, no evidence was ever submitted by residents to substantiate that this project will create environmental effects that warrant mitigation. One of the key decisions in the CEQA process is determining whether a project will have a significant effect. In short, determining significant effect requires careful judgment based to the extent possible on scientific and factual data and based on information in the record. To date, no factual data has been provided to support such claims. 5. Resolution No. 02-18 imposing conditions on the developer in regard to utilities is in error. Response: The condition regarding utilities for the adjacent lots, as written in Resolution 02-18, was read aloud and approved by the Planning Commission at their January 23, 2002, meeting. This condition reads "The applicant shall provide underground utility connections to the lots surrounded by the proposed project subject to City Planner review and approval." The minutes reflect the discussion between the Commissioners and the developer in which the developer agreed to provide the utility connections. January 31, 2002 Letter from Other Residents 1. Resolutions imposing conditions on the developer in regard to utilities are in error. Response: The condition regarding utilities for the adjacent lots, as written in Resolution 02-18, was read aloud and approved by the Planning Commission at the January 23, 2002, meeting. This condition reads, "The applicant shall provide underground utility connections to the lots surrounded by the proposed project subject to City Planner review and approval." The minutes reflect the discussion between the Commissioners and the developer in which the developer agreed to provide the utility connections. 2. Issue regarding ingress and egress of an existing dirt road for property owners along Chervil Street, as well as emergency access and proper turn-around area. Response: Residents of a private dirt road, Chervil Street, have made no improvements to their access. After visiting the street, Fire Marshal Ralph Crane, told the Planning Commission that the street is not wide enough for fire trucks, nor have the trees been trimmed to allow access. The Fire Marshal also stated that the proposed project would eliminate a fire hazard (open grassy fields) around residences, and provide ample fire hydrants for water supply. The proposed development will not change Chervil Street in any way, except to extend certain utilities or storm drains. The residents have the ability to provide an access "turn-around" within their own properties, Specifically, there is sufficient room for turn-around on the south side of Chervil Street (the rear yard of APN 227-211-23). CITY COUNCIL STAFF REPORT SUBTI'16257 AND DRC2001-00557 - FORECAST CORPORATION March 6, 2002 Page 4 3. Concerns of developing an apartment project to surround existing single-family residences. Response: The property for the proposed project has been designated for Multi-Family (8-14 dwelling units per acre) since the 1981 General Plan adoption. The 1981 General Plan designated the properties owned by the petitioners at 4-8 dwelling units per acre. The recent General Plan Update amended the designation of the petitioners' properties to 8-14 dwelling units per acre so that all of the properties in this block have the same General Plan Designation of 8-14 dwelling units per acre. 4. Statement regarding that it would have been beneficial to have further negotiations between the developer and the surrounding residents. Response: Two neighborhood meetings were conducted. In addition, the developer met with the residents at least two times prior to the Planning Commission review and approval. Acceptable terms between the developer and the residents could not be reached. 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. Respectfully submitted, Brad Buller City Planner BB:KC:Is Attachments: Exhibit "A" - Appellants' Letters dated January 31,2002 Exhibit "B" - Chronological time line of project events Exhibit "C" - Planning Commission Staff Report dated January 23, 2002 Exhibit "D"- Planning Commission Resolution 02-17 Exhibit "E" - Planning Commission Resolution 02-18 Exhibit "F" - Planning Commission Minutes dated January 23, 2002 Draft Resolution to Deny Appeal for Tentative Tract Map SUBTT16257 Draft Resolution to Deny Appeal for Conditional Use Permit DRC2001-00557 TO: City Clerk, City of Rancho Cucamonga ~::~'C~'/~,~ City Council, City of Rancho Cucamonga Don GIover 7954 Etiwanda Avenue, Rancho Cucamonga, CA RI; Appea[~f t~ Following; C/~.O/. ~, ~(.~, 41) DRC_2OO1=O0557 (Forec~sl Homes - Efiwanda Gardens) (2) SUB-TT 16257 (Forecast Homes - Etiwanda.Gardens) DATE: January 31, 2002 Dear Sirs & Madams: I hereby appe{~l the vote of approval by the Plannin8 Commission of the City. of Rancho Cucamonga'al their meefin8 on January 23, 2002 in regard to DRC 2OO1- 00557 and SUBTT 16257 (Forecast Homes - Etiwanda Gardens). The reasons for the appeai include, among other reasons that will be presented to the City Council, the following: (1) The residents surrouhded by the above referenced project, said project being referred to as the 'Donut Hole' project by city staff, failed to satisfactorily involve the affected homeowners In the city review process as has been previously done for other projects, thus violating well established city practices. The only meetings that were noticed were on or about November 21, 2001, January 17, 2002 and January 23, 2002. The affected homeowners were not made aware of technical review or design review meetings or provided with sufficient information In a timely manner by city staff. ' (2) The environmenlal study by the city consultant, with subsequent negative declaration, did not involve any input from the affected 'Donut Hole" homeowners or. the surrounding community. The City failed to respond to Trace Glover's questions, issues snd disagreement as outlined in her letre~ of January 9, 2002, to the Plannin8 Commission. It is ou.r understandin8 that Slate law requires that the City address these questmns, issues and' concerns, point by point, and in writing. Addltionally~.we understand that City policy has historically solicited input from the commur~!ty prior to starting the study; this was completely ignored here. ' ,! ; City Clerk, City of Rancho Cuc~monga/Cily Council, City of Rancho Cucamonga January 31~ 2002 Page 2 (3) The Don Glover & Joe Rusling letter of January g, 2002 to the Plannin8 Commission was for the most part igflored. Issues of access, 8radiflg, utilities, aesthetics, were left unanswered. Issues o[ prescriptive ~ easements both to the City and the 'Oonut Hole' homeowners were brushed aside as not being relevant withou! any legal Justification or case law cited by the City Attorney· (4) The letter of January 23, 2002 to the Planning Commission by Glover and most other affected residents was complelely ignored. This letter centered on Chervil Street and Ihe need to provide adequate easements and utilities to the residents. Additionally, the entire Issue of mltl..~J~Jga.U.~L that is, ... mitigating the adverse impact to our homes caused by this development, is completely ignored. This project is not an 'as of right' development, but . instead, necessitated discretlona~ approvals by the Plannln8 Commissions. As such, the Planning Commission had full authority to impose CONDITIONS OF APPROVAl, on this project as to protect the h°meowners. (5) Most regrettably, the resolution imposing conditions.on the developer in re~ard ro utilities Is IN ERROR. A review of the meetin8 transcripts will . show that the Plannin8 Commission intended that all utilities be provided to the homeowners so as to Provide for maximum apartment density, about 65 units in total, on the homeowner lots if they were developed and that the utilities would be provided at the west end of Chervil and the west end of the Glover easement (:not stoppin8 at Etiwanda). : " In short, we "Donut Hole" homeowners are being 'walled-in' and forgotten by the City. We will no longer be part of !he community. We cannot use the. . sidewalks or streets o[ this development. No City easements have been required through conditions o! approval like other projects. We request that the C!ty Council send this project back to the Planning Commission and involve the. homeowners. Please do not abandon usl P.S. Further information shall be provided on February 4, 2002. TO: C,i~' of Rancho Cuc~monga planning Commission . -'~O~:/[/~0 ' 10721 Hillside Road, Alta ~ . . 12830 Cheil S~e~ R~ho Dmiel & J~m S~d~ (~ ot~ a~s) ' . R~ to Ap~al ~e J~ 23, 2002 app~ of Fo~e~ Devel0pmem al Etiw~~ ' We ~ above ~d home O~ would like ~o appeal ~e d~c~i~.~e by ~e RC P~ Co--sion ~ app~ved D~ng ~ ~llc'~ on Jan~ 23, 2002 it o~ adja~nt pro~a~e~, how~vor, m r~e~ Repeatedly, ~ ~ ~e issm over ~ e~ d~ ~ ~t ~ ~n. in : ' " pubic ~e f~ sev~l )~ (mo~ ~ 18 y~) ~ ~'e~ss ~ ~ess f~ the prope~ o~ ~n, '~ pubgc ut~ ~d ~ce ~m~. We" ~e Wo~d cut ~ss to (hb road offma~ng ~Omd, fo~g ~ m' b~k up ~ entke le~ ora 700' mad o~ o~ . " Eti~ Ave, eHm;~ ~ alie~te way othe~i~ block~ m~ duz m ~y ~ of~ad would like to demand that the developer be required to research the possibility ora set-back of thai wall to allow adequate space to turn vehicles around at the vc~ lea.~t or considcr the poss~ility of leave.8 the entire road as_is for thorough ingress and egress. Another concem raised is the narrow entry to Chervil Street. The property on the South-eastern portion of Chel~il street is owned by the Forecast Development. Although, this property is not currently being developed, it should be noted that in a master Plan for this community it would be beneficlal for there to be at leas~ a 15' setback onto the Forecast property of the proposed future perimeter wall to allow adequste space to widen Chervil Street to min. 30' al the Etiwanda enUance to Chervil and on to the end. Furthermore, leaving 9 single family residential homes comPletely sUrrOunded by 368 unit lwo-story apartment complex just doesn't make sense in reran'of master planning a cohesive community. We are diligent in requesting the conditions of approval that we are for the sake Ofretalnlng real-estate value in our homes for future 'development of our land since the proposed zonir~ change would be raised to sustain up to 14 units per acre. These ~ .r~luests do little to alleviate our concerns as people being subjected to living in a.f°rtress'_ . .' '. of apartments but hopefully these conditions will help protect our' · investments. It would make more sense to either develop the surromiding ',' ' land to conform to the existin~ land use of shale family homes,.re~grdlees of the zoning, or to chance.the use of our land to n~t the rna~dinmu ~ ...... Petential to cOn,tm to the proposed development. 'To leave' 9hom~ · s~i'ounded by 368 apartments is not smart planning. !t seems that fuitlmr-' consideration should be given to master-planning this co~)-),aulty before Forecast breaks ground on this development. Finally,, Planning Commission members refc-rred that "it would have been beneficial" had there been further negotiations between the developer and us the residents at neighborhood meetings. However, the project was approved deSPite the/ipparent need for further discussion for us to come {o better ' terv~. We would like the opportunity to see the develO...l~, modify the ' apartmen[ complex plans to add_tess our concen~s in 'writinP~draWing before' final approval ofthls project. Therefore, we request an appeal approval of this project to.The City Council of Ranch0 CuoamoaSa. Respectfully submitted by the above named property Owneo. · .... Page2 of 2 CHRONOLOGY FILING DESCRIPTION/ACTIVITY FILING DATE Reviewed for completeness by Planning & Engineering Divisions September 11,2001 Application filed for second round process and review October 16, 2001 Deemed complete for processing November 1, 2001 Reviewed by Grading Review Committee November 20, 2001 ~,pplicant conducted first Neighborhood Meeting November 20, 2001 Reviewed by Design Review Committee as consent calendar item December 4, 2001 Public Hearing Notices mailed out for January 9, 2002 P.C. Meeting December 20, 2001 Planning Commission Public Hearing/Environmental Consideration January 9, 2002 Item continued to next Planning Commission Public Hearing January 9, 2002 Planning Commission Public Hearing Review and Approval January 23, 2002 Public Hearing Notices mailed out for March 6, 2002 City Council Hearing February 21, 2002 City Council Appeal Public Hearing March 6, 2002 THE CITY OF Staff Report DATE: January 23, 2002 TO: Chairman and Members of the Planning Commission FROM: Brad Bullet, City Planner BY: Kirt A. Coury, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUB'I-1'16257 - FORECAST CORPORATION - A request to subdivide 26.7 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay Distdct within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related files: Conditional Use Permit DRC2001-00557 and Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from January 9, 2002) ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001- 00557 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in the Medium Residential Distdct (8-14 dwelling units per acre), Etiwanda South Oveday District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard -APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related files: Tentative Tract Map SUBTT16257 and Tree Removal Permit DRC2001- 00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. (Continued from January 9, 2002) BACKGROUND: The proposed project was continued from the January 9, 2002, Planning Commission meeting to allow the applicant an opportunity to conduct a second public neighborhood meeting on January 17, 2002, (the original neighborhood meeting was held on November 20, 2001) with the adjacent property owners to address identified issues and concerns noted to date. The continuance was requested by both the applicant and the surrounding residents. Attached are letters of correspondence received to date regarding issues and concerns relating to the proposed project (Exhibit "A"). Additionally, attached is a letter dated January 17, 2002, by the applicant 'Forecast Homes' noting an amendment to the project to delete the 2.5-acre parcel fronting Etiwanda Avenue (APN: 227-211-17) from the application (Exhibit "B"). Removal of this parcel will eliminate two buildings (one Building Type B, and one Building Type C) resulting in a reduction of "C" PLANNING COMMISSION STAFF REPORT SUB'Fr 16257 AND DRC2001-00557 - FORECAST HOMES January 23, 2002 Page 2 26 apartment units from the proposed project. The revised project area is 24.2 acres and the revised total number of apartments is 342 units. Revised plans will be provided at the January 23, 2002, Planning Commission Meeting. ANALYSIS: In their January 9 letter, Mr. Don Glover (7954 Etiwanda) and Mr. Joe Rusling (12837 Chervil Street) request that additional conditions of approval be imposed to address 10 issues. Staff believes that the deletion of the 2.5-acre parcel from the proposed project resolves many of these issues. 1. Utilities to Glover and Rusling Lots - The residents believe they have utility easement and possibly prescriptive rights for certain utilities lines; however, no copies of the alleged easements or legal documents establishing prescriptive rights have been submitted. With the deletion of the 2.5-acre parcel, the proposed project will not alter any existing utilities serving the surrounding residents. No condition is recommended. 2. Access to Sidewalks - The project is proposed to be developed under the Optional Development Standards (Figure 5-3) of the Etiwanda Specific Plan which requires one 10-20 foot wide continuous on-site greenway easement across the project site for the express purpose to "link pdvate common areas with public areas, such as streets or community trails" and to "provide connections to existing or planned greenways located on adjacent property." There are numerous sidewalk connections through the proposed project. Although them am no existing greenways on surrounding properties, it is reasonable to assume that development of the surrounding properties at a similar density would also require a greenway. A condition of approval has been added to the resolution. 3. Easement on Entry Road and Streets "A" and "B" - With the deletion of the 2.5 acre parcel, which contains the existing access easement for Mr. Glover, the proposed project will not alter the existing access via dirt roads to either parcel. Mr. Rusling's lot takes access from Chervil Street, which is a private street that is not being altered by this development. No condition is recommended. 4. Elimination of Masonry Barriers Along Streets "A" and "B" - The residents want the block wall changed to a wrought iron fence. A condition of approval has been added to the resolution. 5. Access Easements Along Streets "A" and "B" - Same as #3. 6. Electric Gates Eliminated - The proposed prOject is a gated development. Again, with the deletion of the 2.5 acre parcel, which contains the existing access easement for Mr. Glover, the proposed project will not alter the existing access via dirt roads to either parcel. Mr. Rusling's lot takes access from Chervil Street, which is a private street that is not being altered by this development. No condition is recommended. 7. Landscape Screening -' Residents desire "heavy landscape screening" around their lots for privacy. The project design includes the desired extensive landscaping, in particular trees. Per the City's standards, the project is required to plant 45 trees per gross acre, including 20 percent in large "box" sizes. This condition was already recommended as Planning Division Standard Condition F.2. in the CUP resolution. PLANNING COMMISSION STAFF REPORT SUBTT 16257 AND DRC2001-00557 - FORECAST HOMES January 23, 2002 Page 3 8. Construction Access - Residents desire construction access through the proposed project in the future. See #3. 9. Existing Utilities for Single Family Homes - Same as #1. Residents want this developer to connect their existing homes to his utility and telephone system. Again, with the deletion of the 2.5 acre parcel, the proposed project will not alter existing utility service to the existing homes. No condition is recommended. 10. Trash 8, MairRelocatlon - Residents want easement for trash and pick-up. Again, with the deletion of the 2.5-acre parcel, the proposed project will not alter existing trash or mail access. No condition is recommended. RECOMMENDATION: Staff recommends approval of the project through adoption of the attached Resolutions of Approval with conditions and issuance of a Mitigated Negative Declaration. Respectfully submitted, Brad Buller City Planner BB:KC/jc Attachments: Exhibit "A" - Letters of Correspondence Exhibit "B" - Letter from Forecast Homes dated January 17, 2002 Exhibit "C" - Planning Commission Staff Report dated January 9, 2002 Draft Initial Study Draft Resolution of Approval for Tentative Tract Map SUBTT16257 Draft Resolution of Approval for Conditional Use Permit DRC2001-00557 ~'~Y OF R~NCHo CUC~fONGA JAN 03 20~ · TO: Brad Buller, City Planner City of Rancho Cucamonga . RECEIVED ~ PLANNIN~ FROM: Don Gloat 7954 Etiwanda Avenue, Rancho Cvcamon~a Joe Ru;li~ 12837 Chewil Street, Rancho Cucamon~a SUBJECT: ;tiwanda Apartments - Impact on O~ Homestead Properties January 2, 2002 Dear Sir: · We are two contiguous home owners whose properties wou?d be surrounded on three sides by the proposed £tiwanda Apartments, a project by Forecast Homes. Rustll 's roperty Is lot 22 (approximately 2 acres) and Don Glover's property is ~e ng .P . . L ....... s.~ -.ached County AsseSsors Map. lo? 23 (approximate y ~ acres~ as snown ~, ,,~ o ', Also note the proposed [tiwanda Apartments development shown on the map. We were invited, alon8 with other ne ghbors, to a meeting held by Forecast Homes at City Hall on November 20, 2000. Forecast Homes presented their plan and asked if we had any questions. We were frankly shocked. We expres~ed our concem ........ · ~- & ,,as from Etiwende about access to our properties, how we wouia 8e~ w,e.~, e ........... Avenue to our properties and expressed our 8enerai concern aoom · foot high' wall towering over our properties aton8 the property lines of the proposed development. Additionally, there was also nothing in the plans that indicated what the Impact would be of surface water drainage on or over our properties from the proposed development. Ahhou h the plans showed some form of access to our properties, the developer questi~nred o~rji,ght to a county easement to our properties, stares that the easement was. h~s easement". Also, there was no discussion of how we would access our properties while the project was being developed. All in a I the meet ng 8ave us no assurances that our properties would not be adversely affected. Additional y, the city representat ye that was present said very little and did not advise us about our rights. · i 1~e next meeting we had was on December 27, 2OOI with theJ~veloper. We (GIover & Rus~'iing~ were lhere along with four of the six properly owners Chervil Street, It uickly became apparent that the sole purpose of the meeting was for Forecasl to buqy us out. However, in our opinion, Forecast was looking to buy our properties at below market value. Don Glover asked the developer fo~ land sale comparubJes, bvt the developer said it was not relevant. We have subsequently received a lener from City Hall that there will be a Planning Board meeting on January g, 2002 in resard Io the approval of the project. Frankly, this was a great surprise to us. We were surprised that ii has 8otten this far without any Input from us, the people most affected. We do not believe that The developer or the city have adequately provided us with the Information necessary for us to respond. So, we request that you postpone any delJbe'atien In regard to EtJwanda Gardens on your scheduled January g, 2002 meeting. Also, in order for us to adequately evaluate the impact on our houses, we requesl thai you provide us with the followln8 information needed by our planning consultanl; i. The complete submittal set for Etiwanda Gardens, including all concepiual 8rodin8 and utility plans. 2. A copy of the ci~s negative declaration in regad to the project. 3. Forecast's application and all staff reports in regard 1'o the properly. 4. If available, transcripts of design review meetings between Forecast alii the We believe the negative dec!aratten on this projecl was premature and that the oily did not provide us with the reformation needed 1'o respond. ' · The ci of Rancho Cucamonga has a reputation for respecting, Ihe property r.i.ght,s of ,, ty ........... not iUSt bi, develol~ers Don Glover's family has owne. d ~ts lane ~lr Por~>ePrel~O~,~'r~'~ J~o~ Rusl~n8 has ~lso beene Ion8 lime resident. Ago,n, we request that this project not 8o forwa.rd until we are adequately and faJdy informed and thai we have an adequate and fair opp.ortuni~, to respond. We need assurances from the cily ihai our property r~ghts wdl be protected through conditions placed on this development, If It Is approved. As a first step, we look forward to meeting with you and being provided with the above requested information. Please call Don Glover at g0g-22~i-g465 if you have any questions. Sincerely, Don Glover ~l~e RusJin8 We ~e a oonc~med ~mmunity ofb~me owners who are seeking to postl~m¢ thc public hearing ~ ,_.-__..~ Affl~ m~.~n~ until DsniM Sandoval th~ · .. _~.__ m~ltinned nnmertv owller$ were no{ mimm,~ o ~ ..'17~ ,_ __,. .s. · ,.,,. ~h~, ~ · not prepared to ..~ A~ a c~mmunity'w° haY° dJscu'~d thc imPaCt that this d°vol°pment w°uld haY° iflho Etiw:mda Cmrdem Aparmlent$ were m °~ ·thisdevclopmeat, re~rdkssofthe"upscale* desi~nationoftheseapartmmtbuildin~- (AsconsultM by an experlmced Pollee Officer this is a knomi fitot.) · Difficulty to Improve this eomm~mityw°uld result if the bl°ck wall pr°p°sed by the devel°pment were to be put in place before property owners have time to research maklng the f°ll°win8 p!~nnlng and development is c~nplet~d. ~' Aesthetic is..mes su~ as, lo~s ofmouataln view, tm'al nntore of the sm-rmmdlng prolong, and inerensed noise and traffic due to the apanmant development. e' Construcfian ofa bloctc wall around our properties, especially along the ex.lng dirt road should the developer choose to purchase LOt #22 and Lot #23 leaving the other properties, would limit the ability f~r vehicles to turn around on our road, would re~lt in a potential b~rd should future construction cn our road be required since there would be no access by As properly owners we feel like our concerns have not been given the forum to be addressed and resolved. All meetln~ to this point with the developers er the city have been primarily focused on informing us what is planned to go in aroand us rather than seriously considering our canc~s. We have attempted to point out some of our concerns but to o~r knowledge these issues have not been f,~,,,aliy recorded ncr given any atUmfion towards resolving these potential problems that could re~lt due to the devel,~ont being started bef~e we could take any action. · We respectfully request that the scheduled public hcerlns be postponed antil we have been giwn time and council to formally address, research, and eventually resolve o~ concerns. According to Notice of Public Hearing received by the Sandoval's the final statement alarms us to the pessibility that rely those is.roes raised at the public hearing would be subjeot to uballen~ in a court ofinw. Also in concernment with the above raised need to postpone the public hearing to allow time and cmmcil i/l TO: City Plan ommissio City of Rancho Cucamonga ~'/),~, FROM: Don Gl~ver ' . 7954 Et~wanda Avenue, Rancho Cucamonga '~'g,,- ~/4',~ Joe Rusling ' ' ~'~, 12~37 Chevil Street, Rancho ~camonga .. ~'/~'" SUBJECT: Et,wanda Apartments - Add,tlonal C°ndlhons of Approval January 9, 2002 . Dear Members of the City Planning Commission: We are the homeowners on lots 22 (Rusling) and 23 (Glover) that will be surrounded on three sides by the above referenced project. . Detailed plans and related staff reports were not made available. to us until January 8, · 2002, just one day before this meeting. We were not notified about or invited to any design review Or technical review committee hearings.~.. The only official city .m. eetin8 that occurred was on November 20, -2001; no technical info~mati0n was made avadable to us at that meeting. The only other meeting was one held by the developer on November 20, 2000 at City Hall to "unveiff his preliminary scheme. Although "open to questions', no background information was volunteered by the developer. The city representative present did not advise us of our rights. Additionally, we believe this project was not adequately posted. The city Planner advised us on January 8, 2002 that there was a public posting on Chervil Street. Frankly, this posting, although it may have been there, was not visible to us. No posting was made near the entry road to our property on Etiwanda. Additionally, there should have been a posting on each of the legal parcels comprising this development, especially the ones adjacent to our property. How would we know which parcels the posting applies to? Don Glover and neighborhood friends met with the city planner and the project planner on Tuesday evening, January 8, 2002; the meeting was at our request. Don asked that additional "conditions of approval" be applied to the proposed development to protect our utility and access rights, as well as to ensure that our properties can be feasibly redeveloped in the future if we decide to move from our homes due to the great adverse impact the development will have on our quality of life. The 'city planner did not make any commitments, but requested that we do a conceptual site Plan, embodying our proposed conditions for this planning commission meeting, today, January 9, 2002. Regrettably' the twenty-four hours available to us was not sufficient to meet his request. Pnge I of 3 Proposed Additional Conditions of Approval (1) Utilities to Donut Lots - Lot 23 (Glover) and Lot 22 (Ruslin~). We understand that we have both a legal easement and possibly prescriptive rights for certain utility lines to our properties through the proposed project. We request that the city condition the developer to provide easements to any future development on our Pdroperties to enable such development to nplug-into" the proposed project's water, gas, rainage 8. sewer hnes, as well as telephone 8, cable conduits.· The infrastructure should be upsized Jf necessary to accommodate at least 32 apartment units as shown on the developer's conceptual plan for the development of our lots. We want these utility access rights from streets A 8. B as labeled by. us for clarity on the attached site plan~ ~2) Access to $ideWalks~ · We want access easements to sidewalks on streets 'A' & "B", as well as all ~idewalks leading out of the development to Foothill Boulevard or Chervil Street. This can also be possible in the form of a public easement to the city. Access to these sidewalks or roads via pedestrians should be allowed at any reasonable location from our properties. (3) Easement on Entry Road and Streets '^~ & 'B', . " We want access easements to the entry road from Etiwanda Avenue (generally shown were our existing easement lies) as well as easements to use streets UA' & 'B". This Can be ·accomplished also by giving the city a public easement over these· areas. Emergency easement access to any future connection by the project to Chervil Street should also be given. (4) Elimination of Masonry Barriers Alon8 ·Streets '~A" & ~B",' The eight foot masonry walls should be eliminated on these streets and replaced with aesthetically pleasing six foot wrought iron fencing. Also, a four foot landscape buffer should be provided between the property lines and the fence on the side of the donut home lots. The city has required this elsewhere. .(S) Access Easements Alons~ Streets ~'A' & ~B', ' We require two access easements onto Street UA" and one onto street~"B', as shown on ' the attached plan. Again, we believe we may already have 'prescriptive easement rights' along the roads bordering the property lines on two sides of our homes. Again, we request that the city require public easements onto these roads. SimilarlY' we want the right to have full driveways handling any level of development on our properties connecting to these streets. (6) Electric Gates Eliminated, Consistent with our legal and prescriptive easement rights, there should not be any electric gates along the access road from Etiwanda Avenue or alon8 Streets 'A' & P~e 2 of 3 (7) Landscape$creening~ · Heavy landscape screening should be required for the buildings surrounding our property to a/Iow us privacy. The city has required this elsewhere. (8) Construction:Access. A specific condition should be imposed on the project allowing for construction access in the event the donut ·properties are developed. . (9) Existing Utilities for Single Family Hom~. The developer should be required to connect our existing homes on lots 22 and 23 directly to his utility and telephone system. The current connections to Etiwanda Avenue will likely be disturbed during construction anyway. Adequate provisions for utility meters should be made also. ,(10) Trash & Mail Relocatioo~ A condition for an easement for trash pick-up and also mail pick-up should be·included for donut lots 22 and 23. Conclusion~' : These proposed conditions should be considered by the planning commission before any vote is taken on this project. : The staff report briefly touches on easement rights but is sketchy at best and prOposedno clear conditions. We request that a meeting be set up with the city planner, city engineer` water district, the developer and us to work out anagreement. Sincerely, Do"'rrdl~ver ., Page 3 of 3 TO: Jack Lam, Cit~Manager Brad Bullet, City Planner Jim Markman, City Attorney , CITy OF RANCHo CUCAMONGA City of Rancho Cucamonga FROM: Don & Tra~y GloVer JAN ] 7g$4 E tlwanda Avenue, Rancho Cuc~ monga Joe Ruslln8 RECEIVED. PLANNINg 12837 Chevil Street, Rancho Cucamor~a SUBJECT: Request for Public Hearing on Environmental Issues Regarding the Etiwande Apartments Project (The "Oonul ~oject~') Dear Sirs: · ?racy Glover submitted the attached letter commentin8 on the Negative Declaration prepared by the City Consultant In regard to the above referenced project. This was to be presented at the Plannln8 Commission meerin8 of January 9 on this project but this project was pulled.from the agenda. As can be seen from the attached letter, we believe the negative declaration was premature and that the consultant's review of the issues Is woefully incomplete. Furthermore, because of the impact that the a .bore development, referred to by city staff as the "Donut Project', has on our homes and our n~ghbors lying In the "whole of ~he dc~ut", a public hearin~ should have been held with the ci~/consultant to solicit questions end comments and to outline the scope · ' of the environmental analysis. This.was not done. In her letter, Tre~y has prepared comments and raised questions about the environmental consultants report. These questions should be addressed In wrltln8 before anything else happens on this project. Additionally, a public meeting or forum should be held to brief and solicit questions and comments from our neighb~'s; lhese questions and comments should then also be answered in writing. It is our understanding that state law requited a public meetln$ a.~.. public input on projects this magnitude before they are approved and that the public Is entitled to have their questions and comments answered in writing. Therefore, we believe that any Plannln8 Commission vote at the newly rescheduled meeting of January 2.t, 2002 Is greatly premature. At best, this meetin8 should be a publicly noticed meeting on the cons,ltanrs environmental reporl in which the public can ask questions and make comments. 'This should be followed by follow-up meetings In which the consultant addresses the community's concerns and subsequently answers these concerns in wrltin& On a related matter, we understand that the city arranged to have a meetin8 room available Mr. Prevlrl {Forecast) and we and our neighbors in the 'donut hole" presumably so that Mr. Previti can make another bid for our homes. The city should know that in a previous 'group meeting' in Mr. Prevltl's office a few weeks ago, Mr. Previfi appeared desirous of negotiating with u~'and our fellow neighbors of the "donut hole' as a group. As we remember, he sold he had only one million dollars to buy our houses and that we and our neighbors should decide among ourselves how to split it up. It appeared to us as if Mr. Previti was throwing e bone onto the middle of his conference table and expectin8 us and our nel8hbors to.fight over it like a paci~ of wild dog.s,. This was quite hum liar ng to us, although wa hope to believe that this was ~ot Mr. Previfi s intent. ' ' · In this regard, we think it was a very bad idea that she city provide city facilities :to facilitate Forecast's "group negotiation' on Wednesday night, such action by the city can only be mistakenly interpreted by the community that the city is involved in the "bone throwing" or, tossing crumbs to the "donut hole' homeowners, as well. Therefore, and for your Information, we have Informed Forecast that we w ~1 only negotiate wl~'h him in private and not with our neighbors (or city staff present and that we believe that our other neighbors should get same courtesy of 'confidentialily, that we seek). In conclusion, we th nk the city was previously movin8 too quickly on this project up until ils · planned January g, 2002 Planning Commission meerin8. Fortunately, this item was pulled from the agenda at the January 9 meeting and the p~anned final vote of approval did not occur, We: request that more public hearings and meetings and ex' forums will be held ~o Insure that any final vote by the Planning Commission is fair and reasonable to all parties. Finally. you should knOw that Don Glover's family has owned his homesite for over 100 years and Joe Ruslin8 has lived Jn his home for many Ion8 years. Don Glouer cc: City Planning Commission TO: Planning Commission City of Rancho Cucamonga FROM: Tracy Glover 7954 Etiwanda Avenue, Rancho Cucamonga SUBJECT: Project: Etiwanda Apartments/DRC 2001-OO557 Initial Study: Proposed Negative Declaration January 9, 2002 Dear Members of the Planning Commission: I am greatly disturbed by the recommended negative declaration proposed by staff for the above referenced project. I believe that the city's Contract Environmental Analyst overlooked several key issues: Issue 1. Land Use Planninl~. (a) The consultant maintains that there is Uno impactn in regard to issue 1 (Land Use & Planning) on the Environmental Checklist. Specifically, no impact is recorded for the following items: (b) conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project. (c) be incompatible with existing land use in the vicinity. (d) disrupt or divide the physical arrangement of an established community. In regard to item (b), the project does conflict with an established city planning policy that projects should not be distorted and piecemeal. The city should have required that the nhole in the donutn be acquired before this disjointed development be approved. In regard to item (c), this project is not compatible with existing land uses in that it virtually surrounds nine residential homes on eight lots. My home (lot 23) and my neighbor Joe Rusling (lot 22), are surrounded on three sides by this development. -1- In regard to item (d), t evelopment will significantly ud s t" or divide the physical arrangement of an established community. The continuity of single family homes along Etiwanda Avenue is being disrupted by placing this high-density development between our single family homes and the single family homes to the north on Etiwanda Avenue, some of which are historic. Additionally, the perceived access to our homes from Etiwanda Avenue is virtually eliminated, forcing residents to drive through a high density apartment complex with no indication from Etiwanda that there are privately owned homes surrounded by this development. The consultant views this issue in terms of building height compatibility, rather than as a density and access issue. .Issue 3: Geological Problems. The consultant maintains that there is no impact in regard to item (e), landslides and mudflows, and a potentially significant impact for item (f), erosion, change in topography, etc., unless mitigated. In regard to item e (landslides or mudflows) we believe that possible impacts may result to lots 20 and 23 (the hole in the donut) because it appears that these lots are at a lower level than the proposed development. Regardless, there is no evidence of any engineering study addressing this impact on any of the residential lots. In regard to item f.(erosion, change in topography, etc) the consultant makes no reference to the impact on the "donut lots" and how any potential impact would be mitigated. Issue 4: Water. Again, the consultant failed to consider the impact on the Udonut properties~ in regard to all issues here. Because of the possible adverse impact in regard to the "donut properties', the applicant should prepare a storm drainage study to the engineering division addressing the impacts on the above referenced property and the overall area before this project is approved. We understood that this is the standard policy for large scale projects. The environmental consultant should have this study available before making any findings here. Issue 6: Transportation/Circulation. The consultant did not address the transportation and circulation issues on the "donut properties". In particular, the consultant states that there is no impact in regard to item (c), ~inadequate emergency access or access to nearby uses". However, there is no discussion about emergency access/egress plans for the Udonut properties~. Additionally, the consultant maintains that there is no impact in regard to item (e) ~hazards or barriers for pedestrians or bicyclists". Specifically, the ~donut properties" are ~walled-in" along the property their lines with no access to sidewalks or surrounding internal streets (except disputed limited easements). -2- Issue 13: Aesthetics. The consultant says there is no impact in regard to the above. I disagree. (I) the architectural character of the development is not consistent with the architectural character of the "donut properties". (2) My property, and the others, is being surrounded by an eight-foot high block wall, right on the property line, with no landscape setbacks as often is required by the city so as to aesthetically protect adjacent properties affected. Issues Not Addressed by Consultant. The consultant did not address the following: a) Econ~ The Economic Impact on the Value of Donut Homes surrounded by Development was not addressed. How much will the value of the homes go down? b) Impact of Construction On "Donut Homes". In particular, 1) interrupted access to donut homes, 2) breakage of existing utilities to homes, 3) construction site hazard protection during grading & excavation, 4) security, 5)interruption of mail delivery, 6) mitigation measures for dust and noise, and 7)interim drainage measures to protect donut homes from water drainage, during grading operations. c) ExistJn~ Utilities to "Donut Homes". Can these utilities be integrated into proposed development at a later date, if any of these properties are redeveloped? Can future development on the donut lots "plug into" the proposed development's utility system as to facilitate the permissible level of apartment development? d) Alternative Buildin~ Plan Consistent with Surroundin~ Single Family, One-Story Homes. - Impact of one-story development vs. two-story development not addressed. Also, single family homes are being eliminated, discouraging the traditional home ownership pattern for the area. Was condominium development, rather than rental housing, investigated as a better way to provide for the needs of the community? e) Le_gal Issues. Outstanding issues remain unaddressed about both existing easements and "prescriptive easements." My family and my neighbor, Joe Ruslin~, believe that we have possible prescriptive easement rights that the city may not have taken into consideration. My Conclusions: This initial study is woefully inadequate. It does not address the above stated issues raised. A negative declaration is far to premature here. I request that no vote be taken on this project until the following occurs: 1. The city consultant addresses these issues in writing. 2. The affected property owners have a public meeting with the city, consultant and developer in regard to the above.' 3. Proper ~ion measures are put in place to protect the Udonut properties" surrounded by this development. I understand via my conversations with legal & environmental consultants that the city must, by law, address in writing our questions and responses to the city environmental consultant's report, before you vote on this project. Additionally, we must also insist on a public forum on these issues before any action is taken. Sincerely, T~a cy~i~ver ETIWANDA AVE. ET1WANDA APART19~.NTS ~2 FORECAST HOMES Jan~u~ry ] 6, 2002 Don Olovet 7954 l~tiwa=da Avenu~ P~ho Cuca~onga, CA 91730 ~. OIo~ ~ ~h~Fof Fo~st Hom~ ~ wo~d l~ke ~o ~ you ~ yo~ ~]l~s ~ re~ol~ ~ iss~s ~olvin~ o~ pro~s~d a~t development. Ho~v~, I f~ ~ Fore.st ~ ~ g~-~ m~e a c~ncd effort m a~g yo~ pro~, ~d ~ p~scn~ ac~isi~ of 7o= pro~; ~ I fool, we ~ll n~ ~s~y ~lv= ~ dis~ be~een what w= ~ ~1~ to off= ~d yO~ ~ price, We ~l~me yo= ~ ~vol~=~nt ~d ~ici~tion in ~ ~velopmont pr~s, as w~ ~vo ~hod~ a for su~ p~os~ I app~ yo~ ~i~. ~ acgve ~t~g in ~s ma~. .~b~cemly, ~ J~" vi~ Area Manager Forecast Homes 3536 Conco~'= S'cree{ !~uJte 100 - Ozite'lo, CA 917~ - Phone 909,48,~.73~0 · l:'~x 909.980.1169 wv~w.~r~cuthomgs,com TO: Brad BuIler, City Planner DATE: January 1~.~'1~2~Ai/i/~./~,. Kirt Coury, Associate Planner Planning Commission ".u Ci./CA~Oi~G City of Rancho Cucamonga ~ J4N FROM: Undersigned Neighbors Surrounded by the "Donut Project'q£C£/l/£D. PLAtIIltlIIV~ PROJECT: Etiwanda Apartments RE: January 17, 2002 Meeting Forecast Homes at City Hall We, the undersigned, strongly obJect to the above referenced meetin8. We understand that the purpose of.the meeting, accordin8 to the city, is for the 'developer and residents to work out their differences' and that a "city representative will be available to answer technical questions'. This meeting has no agenda and ~vas not publicly noticed. If this meeting was intended to be another meeting between Forecast (the developer) and the affected residents of the ~donut project' for the purpose of allowing Forecast to 'collectively" negotiate with our fellow neighbors over the acquisition of our homes, we strongly object. We insist on our right to individual 'confidentiality' In any negotiation and refuse to be pitted against our neighbors in dividing up the limited total amount Forecast may be willing to pay. However, if the purpose of the meetin8 was to work out a 'deal" with the developer as to how he should develop his property, we likewise object because this would be usurpln8 the authority of the plannin8 commission and the 'right oF the public to know". In either case. please be advised that the undersigned In good conscience carl not attend the January 17. 2002 meeting. However, we do request that the city hold additional public meetings and/or public forums on the following: (1) Whether th. is project is the appropriate design for the nel8hborhood, including the Issues of apartments vs. the benefit of home ownership (like a one-story condominium development); P~e ! of 2 (2) The proposed negative declaration by the city consultant on this project (we believe the current s~udy end determination is woefully inadequate and public environmental study ~scopin8~ meetings w~th the city consullant are necessary); and, (3) ~conditions of approvaF that may be placed on this project to protect to protect our quality of life If we elect to remain or, if we are forced to move out, protect the development potential of our properties. We appreciate your understanding in these matters and hope you w~II consider the above requests. Sincerely, the un~d~rsigned: ~Name ' ,~ddress Na~ Address Name Add,ss Name Address Page 2 or'2 TO: ~'ad Bullet, City Planner DATE: January 16, 2002 Jack Lam, City Manager Jim Markman, City Attorney City of Rancho Cucamonga FR: Don GIover- 7954 Ellwands Ave, Rancho Cucsmonga Joe Ruslin8 - 12837 Chervil Street, Rancho Cucamonga . E:~twanda Apartments. Forecast Homes January ]7, 2002 Msetin8 Dear Sirs: I received a letter In my mall box on January 15, 2002 ~n regard to the above referenced meeting. Kirt Coury, Associate Planner with the City, called me the evening of January 15, 2002 to remind me about the meetin8. He said the purpose of the meeting was for the developer and the residents surrounded three sides of this development (referred to es the 'donut hole' project) to "work out their differences~ and that'a city representative would be there to answer technical questions First, if this Is a meetin8 for Previti to negotiate f~ the purchase of eight houses in a "colleclive" settln8 with all the effected 'donut hole' residents present, as he has previously attempted to do, then this is highly unacceptable to us. As we pointed out to all of you In our letter of January 15, 2002 {copy enclosed), we believe that tt Is our right, ss well as that of the other "donut hole" homeowners) to have 'confidentially~ in any negotiations with Mr. Previti. As a side note, we did send a loller to Mr. Previfl on January 15, 2002 requesting to negotiate with him for the purchase o~ ou~ properties with condition of confldenliallty; Mr. Previti turned down our offer In his loner dated ,~anuary 16, 2002. Our loller to Mr. Previfl and his letter of response us is attached. Second, if the purpose of this meeting i~ for the developer (Forecast) and the "donut hole' homeowners to privately hammer out or negotiate conditions of approval among ourselves, then we think this Is highly unusual. Our understandln8 is that I1' Is for the Planning Commission, after receipt of written recommendations frern the planning staff, to decide on the merits of approving thls Project and what condition of approvals should be placed on Ibis Project. A "city slaff representative standing by ?o answer technical questicms' wttile the developer and the "donut hole' residents 'resolve our differences' so~nds like a "back room' deal; we would assume that I~ Planning Commissioners would strongly disapprove of such back room agreements that usurp their authority. In any event, we have already writlen e letter to the Pla.~nlng Commission, dated January 9, 2002, outlining the conditions of approval thal we believe should be imposed on this Proiec! before its approval. That letter was intended to be read at the Planning, Commission's January 9, 2002 meeting; but this ProJect was pulled from the agenda so we delivered the letter :he next day to the Planning Department. As of the wri:ing of this letter, we have nol received any response from the City regardin8 our letter dared January 9, 2002. In conclusion, this .January 17, 2002 meetin8 appears to have no aBende. We can oniy assume that the purpose for it Js either 1) to facilitate Forecast's ability Io negotiate 'collectively' with the "donut hole' homeowners without our respective rights to 'ccnfident~aiity" or 2) ro 'work out a back room agreerrmnt belween the developer and the 'donut hole" homeowners in regard to conditions of approval. Again, this we believe is tantamount to back room negotiations that usurp the authority of the Planning Commission and the right of the public to know. in either case, we feel that it would be inappropriate for us to attend this~ill advised private meeting bain8 held at City However, we would be quite happy to attend a publicly noticed meelin8 for design review and technical review meetings where we can voice, our concerns and present out c~se for our "proPosed conditions of approval~ ~as outlined in the Don Glover & Joe Rusling letter of January cj, 2002) to representatives of the Plannin8 Commission; the developer would presumably have the same opportunity here to present his case. Secondly, we again urge the City to hold a public meetin8 or forum on the environmental survey & Proposed Negative declaration for the Froject by the ~i!y consultant; as stared in Tracy Gtover's erter of January o~, 2002 on the p'r~posed negative declaration, we believe that serious Issues remain unanswered and must be addressed In separate public hearings before this project can be~voted on by the Planning Commission. Finally, we are ready to meet with Staff or participate in a public forum to clarJ~y our ~etters ~egardln8 *conditions of approval' and the proposed Negative Dectara~lon. We will alsO'be v, ill~g ~o .debate the developer in. this regard if the city so desires, in a public forum that is publicly noticed, Please call Don G!over at 909-463-6081 if you have any questions. Iz7 Jir~mV ~'r,~it!, .Y'. ~on G~wer ]2837 ~e~ll Str~ - Rl~ho Ri' ~fln8 of Jinul~ 17. ~ar Jimmy: Thank you for your invitation f~ a 8roup mee~ n8 on Thursday, Janu~ 17. Hoover. Don is out of fo~. ~ & Don can followin8 wee~ *he ~ek of Janua~ 20, in the e~nin{. Hoover, ~ went any n~otiitl~s reBardinB ~e acquisition of our pr~edy t~ be strictly confidential in res~rd m lhe substance of our m~1ln& ,ny Yerms d~scussed ind fha p~le Involved in the n~oflitions. J~ & D~, tn~ our r~resenfeflve, ~11 meet with you m consider the slle of our joint prope,~s as a ~8e If th s is a~eptable ~o you, please let ~etin8 pike for ~ ~ek of Janua~ 20. We ~f ~u a{;e~ tg ou,' ~clim ~ confidentiality, time y~ wl~h to ~gf. { ho~ you und~'~;*r4 i;,at we f~t qui~G mee'tin~s. Although ~ ,re sure it wa/not your Intent, It ippeired to us end ~r ~el~b~l that ~u ~ IhrowlnB e bo~ ~ table with e o~ milli~ ~1 nr price us and our ne:~hbors tn~ .nd ~pe~ Rememb~ , at our ~tJn~ ~r~ ~t you did ~ fi~e, E,~ { ~ ~1 this was not y~ u~de~ s{nnd our cor~cern for confldenfiiiJty bu~ 6~ ~r nei{hbors..s well. Si~ereiy, ~ ~lovRr )31 , TO: Jack Lam, C!t'.~a .L~r r;.~t,r ~..O, ry 15, Brad Bullet, City Planner Jim Marian, Cil? c~'~y oF Rancho C~:arr~n~ FROM: ~on & ?racg 7S54 ~tlwand~ A~-en~, ga~cho SUBJECT: Request fo~ P~blic Heari~:8 on gnv:ro~mental Issues R~ardin8 ~a :tiwanda Apartments Proj~t ~he 'Don:r~ Dear Sirs: Tra~ Glover submitled the altached letter commentJn8 on the Negative ~cl~at~n prepared by the City Consultan~ in regard to the able ~ferenced proJ~. This was to ~ pmsen~ ~ Planning Commission ~ln8 of Janua~ g on this project but this pro]~f was pulled from ~ agenda. As can be seen from the attached letter, ~ belie~ ~ negative ~clarat~ was ~emamre and that I~ consultant's review of the issues is w~fully I~pl~e. Fu~mm~e, because the Im~ct that the e~ve de~l'opmenL referred to by cl~ staff as the '~ut Pro~', has on our ~mes and our nelgh~rs lying In ~he 'whole of the d~ut~, a public hearing should b~n held ~vltt~ the c~ co~u~ent to sollcil q~st~ons and ¢~menrs and m ~fllrm ~ ~ of ~he environmenfal analysis. This was ~t ~ In he~ ~e~er, Tracy has prepared ~mments a~ rals~ questions ab~t the env)ronmentel consultants r~por~ Th~,~ e,u~?i~s s~c::.ld be address~ In wrl11~ ... ~e,. u.t. ~b~ld be held ~n~hing else hap~ns on ~b~s project. A~dlr~onally, a public meenn8 or '-' , ~nd s~,~it q~esll~s and comme~t~ from our r.~g~rs; the~ q~slions and corn~enfs shou~ ~en al~ ~ answered in ~l~tn8. It is our understandin8 lha~ state I~w required a public meeting and public Input on proj~s of ~h~s magnitude ~ore they are approved and that the public is entitled ~o have their questions a~ :omme~ts answered In wrltin8. Theref~,re, we ~lleve that any PJannl~ CommJ~s~an ~le at t~ newly r~ch~uled meelin8 Janua~ 23, 2~2 ts greatly pr~atu~. At best, ~i~ ~iin8 sl:~.be · pub~ly ~ting on the consultants enwronmental rep~l ~n ~h~h tk~e p~hc can a~k questions ~ ...... c,,.men~ '-,~. Th~s abound- "be mllowea' ..... oy ~o ow-up meetings in which the consultant .~d~es~s the communir ~s co~erm and subsequewJy answers these con~rns in On a related mat~.-:r, we u~r~a~ ;hs~ .'.ia city ~rr~,,-.g~.d :o ~a~ ~e.~.,ati~& ro,>m available ~o Mr. Pre~,dfi ~orec~st) ~ we a~d our r,~:~s in the 'donut hale* presumeb~' so 1hat Mr. ~ev fi can make ~r, ot~r b d f~ ~r ~ ~e ~t~ sh~u!d k~w that ~n · Dre~: '8r~p meeting" In Mr~ Previ~i's ~ffic~ e fe~' we~k~ ~go, 7~t, Previt~ a~pear~ ~l,~as :)f negoflafin8 with us and ~r tallow r~eig~b~nl of ~he '~:~nu~ boil* as ~ gr~. As v;~ re~e~beL he said h~ had only o~ m{lhen duffars to buy ~r ~e~es a~d ~t we ~d ~r ~lghbe~ s~ould d~de onto lhe middle of his c~n}ere~c~ ~a~>ic ~ ~pz<t~ us a~J ~r ~eigh~oti :o Fight o~r it lik~ a pack of wild d:~g~. ~h~ was quite hum;:~:lin8 to u~.. ahhough we ho~ tc~ ~eli~ve that this was ~o1 ~r. Pre~i's in this r~ard, w~ ~h~k ~ ~e~ a ve~ b,~ ~e fhat 7~ c [y p 'or de ci~ ~:~lltiei to f,c~lhate Forecasrs "group ne~tiation" on Wed~sday night; such action by the city can only be mistakenly interpre~ by ~he communi~ that the oily is Involved tossi~ cr:~,lb~ tc' the 'c~ut hob" Kom~n~r~. ~ well. Theref~e. and f~ your information. we have in,orm~d Fore, st ~hat we will only ne8otinte wdh h~m In private and not w~th ~r eeigh~s {or city staff present and that we belie~ ~at our oI~ nei~b~s should ~t the same c~rtesy of "confidentially" thai ~ see~. In c~clusion, we think lhe city was previously movin8 t~ qulck~ on this proj~t up until its planned Janua~ ~. 2~2 PI,nnin8 Commission meeting. Fortunately. this ite~ was pull~ from the ~da at the January g meeting ,nd ~ planned final vote of ,pproval did request that more public h~rings and ~etings and or f~ums will ~ held to ins~e that nny final vote by the Planning Commission Is fair and reasonable to all Finally. you sh~ld k~w lhal ~n Giver's f, mily h~ owed his ~site for o~ 1~ ~ers and Jo~ Rusllng hns li~d in his ~e for ma~y ~n8 yenrs. Sincerely. Don Glover Tracy Glover Joe Rb:llng cc: Ci!'~/Pin n nir~g Con',i:~,i ~'sl on Page 2 of 2 J~-17-02 08:26AM FI~IA-FOR~¢~,~B~E$ SOC~L 906493T3~I 'T-IOO P.01/OI F"-411 FORECAST HOMES Kirt Com~ 10500 Civic Ce,T~ Dr. P.O, Box 807 Rancho Cucnma~tla, CA 91729 RE: WJ-raOP,.~w~o. OF P.~C£L No. 2~7-211-017 FaoM Omc~ SUaMITrAL P~c~c~., TI' M.~ SUB 16257. Mr. Coury, As a ms~g~r of court, 1 ,,,ould like to modify lhe original ~ubmis.~on packet of Foreca-~ ttow.~s, m consm.~ 358 ap~lme~! u~i~s al th~ North Wes~ cor~'r of Eliwancla Bl,~d and Foofl'fill. The case fl~a~ ~he C~ is ~urrendy processing, will ~ow ~xclu& parcel nmnb~r 227-211-017. 1 apprcciaI¢ yolir ~.m..~ arid cm~sidcradon in this mailer. If you havg any questions please co~_ .m._el me a~ ~721 -g 166. Sincerely, John Mil~ Planning Specialist Forecast Homes 353b Concour~ Sueer Suite 100 ° ~ CA 91764* · Phone 9U9.483.7320 - F~x 909.980.1169 THE CITY OF ]~ANCHO CUCANONGA DATE January 9, 2002 TO:. Chairman and Members of the Planning Commission FROk~ Brad Bullet, City Planner BY: Kirt A. Coury, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUBTT16257 - FORECAST CORPORATION - A request to subdivide 26.7 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north .of Foothill Boulevard -APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related file: Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard -APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related file: Tree Removal Permit DRC2001-00567. Staff has prepared a Negative Declaration of environmental impacts for consideration. PROJECT AND SITE DESCRIPTION: A. Project Density: 13.8 dwelling units per acre B. Surroundinq L.and Use and Zonin.q: North - 1-15 Freeway South - Community Commercial East - Medium Residential (8-14 dwelling units per acre)/Low Medium Residential (4-8 dwelling units per acre) West - 1-15 Freeway 152- PLANNING COMMISSION STAFF REPORT SUBTT16257 & DRC2001-00557 - FORECAST HOMES January 9, 2002 Page 2 C. General Plan Desiqnations: Project Site - Medium Residential (8-14 dwelling units per acre) North - 1-15 Freeway South - Community Commercial East Medium Residential (8-14 dwelling units per acre)/Low-Medium Residential (4-8 dwelling units per acre West 1-15 Freeway D. Site Characteristics: The property is generally fiat, sloping downward to the south and east. The site is currently vacant with native trees and grasses present. Eight existing single-family residences, located on an inverted L-shaped property at the central portion of the site, are not a part of the proposed project. E. Parking Calculations: Multi-Family/Condominium Residential Type Number Parking Number of Number of of Use of Units Ratio Spaces Spaces Required .Provided One Bedroom 158 1.50/unit 237 Two Bedroom 188 1.80/unit 339 Three Bedroom 22 2.00/unit 44 Guest Parking 0.25/unit 92 Total 712 719 ANALYSIS: A. General: The project is located within the Etiwanda Avenue Oveday District, which requires a Conditional Use Permit to develop except for single-family homes. The project density of 13.8 dwelling units per acre is essentially at the top of the density range for this zone; therefore, transition of density to adjoining single-family homes is critical. The Site Plan has been designed to create transitions through building orientation and setbacks to the identified single-family residences. The project includes a total of 41 apadment buildings comprised of four building types. In addition, two recreation buildings with one off]ce/leasing building are included in the proposed project. The proposed buildings fronting Etiwanda Avenue have enhanced elevations and the building masses include both two-story and one-story elements to articulate the massing. There are 19 two-story apartment buildings proposed along the freeway corddor at the north and west project perimeter. The buildings are plotted to assist with the mitigation of freeway noise. Single- story garage structures perform as a good buffer and Iow building mass transition along the south property line, adjacent to the commercial property. A substantial recreation/open space corridor is provided within the development, which will include both active and passive recreation facilities. Active recreation uses include a community pool and spa, several tot lots, half court basketball, a grass volleyball court, horseshoe pit, barbecue areas, and exercise facilities within the recreation building. The buildings will include a stucco finish, painted wood knee braces, ledge-stone battered walls, and a concrete fiat tile roof. The project perimeter will involve 6-foot high tubular steel fencing and split face masonry wall. Fencing along Etiwanda Avenue will include tubular steel fencing with decorative native stone pilasters. PLANNING COMMISSION STAFF REPORT SUBTT16257 & DRC2001-00557 - FORECAST HOMES January 9, 2002 Page 3 B. Desiqn Review Committee: The Committee (McNeil, Stewart, Fong) reviewed the project on November 20, and December 4, 2001. At the December 4, 2001, meeting, the Design Review Committee recommended approval of the project, subject to the applicant's providing stone wainscot treatment on all sides of the buildings fronting Etiwanda Avenue. It should be noted that the applicant has provided the wainscot treatment to the front and side elevations, but not to the rear. The applicant met with the City Planner on January 2, 2002, to consider other options to resolve the matter. Action comments from the Design Review Committee have been attached for your convenience (Exhibit I). The City Planner will continue to work with the applicant and hopes to bring a recommended solution to the Planning Commission on the use of native rock on the buildings facing Etiwanda Avenue. C. Gradinq Review and Technical Review Committees: The Grading Committee reviewed the project on November 20, 2001. The Technical Review Committee reviewed the project on November 21, 2001. Both Committees recommended approval of the project subject to conditions contained in the attached Resolutions of Approval. D. Tree Removal Permit DRC2001-00567: Several mature trees exist throughout the project site. The only other plant materials are annual and perennial weeds and grasses. Several of the mature trees that occur on-site must be removed to allow for the proposed construction. The trees are subject to the City's Tree Preservation Ordinance No. 276. The impact is not considered significant due to the project design which inc!udes planting numerous box size trees E. Nei.clhborhood Meetin.q A neighborhood meeting was held on November 20, 2001. Twelve people attended the meeting, which included property owners of the single-family residences, located on the inverted L-shaped property at the central portion of the project site. The residents asked questions and raised concerns regarding traffic, access, drainage, maintaining a single-family quality of life and neighborhood in the middle of an apartment project, and the potential negative impacts to the property values of the single- family homes. The developer presented the project regarding site design, building orientation, parking, access and landscaping to address several of the identified concerns. The nearest building to the L-shaped property is 32 feet from their common property line. F. Environmental Assessment: The Initial Study has been prepared. Staff determined that the project could have a significant adverse environmental impact through short-term air quality impacts during site preparation such as grading and equipment exhaust. Staff also determined that there may be noise impacts to future residents within the subject development resulting from traffic along the 1-15 freeway and Etiwanda Avenue, as well as biological impacts resulting from on-site tree removal. A noise study was prepared which identified noise attenuation measures. The project design cleverly uses buildings along the west boundary as the sound attenuation barrier;, hence, no sound wall is necessary along the 115 Freeway. Special sound attenuation design will be necessary for those units facing Etiwanda Avenue. Mitigation measures will be required to reduce the short-term air quality and predicted future noise impacts to a less than significant impact and trees are required to be replaced pursuant to the City's Tree Preservation Ordinance No. 276. If the Planning Commission concurs, then the issuance of a Mitigated Negative Declaration would be in order. CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Dail~ Bulletin newspaper, the property was posted, and notices were mailed to all property owners · within a 300-foot radius of the project site. PLANNING COMMISSION STAFF REPORT SUBTT16257 & DRC2001-00557 - FORECAST HOMES January 9, 2002 Page 4 RECOMMENDATION: Staff recommends that the Planning Commission approve Tentative ~'ract Map SUBTT16257 and Conditional Use Permit DRC2001-00557 through the adoption of the attached Resolutions of Approval with Conditions and the issuance of a Mitigated Negative Declaration, Respectfully submitted, Brad Buller City Planner BB:KC~Is Attachments: Exhibit "A" - Location Map Exhibit "B" - Site Utilization Map Exhibit "C"- Tentative Tract Map 16257 Exhibit "D"- Site Plan Exhibit "E" - Grading Plan Exhibit "F" - Landscape Plan Exhibit "G'- Elevations Exhibit "H"- Floor Plans Exhibit"l" -Design Review Committee MinuteS, Dated November 20, and December 4, 2001 Exhibit "J" - Environmental Initial Study Resolution of Approval for Tentative Tract Map SU B'I=1'16257 Resolution of Approval for Conditional Use Permit DRC2001-00557 LOCATION MAP B'R"I62571DRC2001-00557 All Pan.la, N ._0 800 '1600 2400 3200. 4000 4800 F¢~ ]*~ CAMINO REAL II APARTMENTS TENTATIVE TRACT 16257, SITE UTILIZATION MAP ~ '-... / :~ % I / . I ~ ~ .,~. .~~.' / .. ~i / ~~,.~,k 'e ~ / ................ ~..~:".~, . .. . ......... . .... ~ ,., ,. ..... " ....... ~-'~' "'~'- ..... t~ ,~- ) ,.~,'~" ~,,' ' " / ':~c~-: f. ~k.-/ , '~E?~ :, B~ ~d', ~ '~-~r~ J ~ -- .... ..~ ~'~F~'f-~_.? .,'/,~~ ~ / I -'..'.', I: , ,7-;~ = ~;., ~ k I t ~1.-'--.-~' ] a ., ..~ / · , ~; , '~,. · % k , ~ · ~ ~ ~.. ,%-,, - ~-...-, ~-. -... ~ I . .. I , : , ~ , ... ~ -,.....l~ ..... . .. :l, , CAMINO REAL II ~TMENT~ TENTATIVE T~CT M~ 16257 DETAIl,ED SITE PLAN ETIWANDA APARTMENTS "~' APPLICATION FOR CITY OF R~NCHO CUCAMONOA, CA DEVELOPMENT DESIGN REVIEW & FORECAST GROUP TENTATIVE MAP · .. -- g.~,.'T:;~-- ., / CAMINO REAL II APARTMENTS TENTATIVE TRACT 16257, CONCEPTUAL GRADIN~ PL~N~ ..~ ~ ~ SOUTItERLY PORTION ETIWANDA APARTMENTS ETIWAI~IDA APAR*I'h~_,NTS ADULT COMMUNITY CI~3qTER FRONT ELEVATION LEASING BLIlL~D,..I.I.I~C, CLU~I-IQ! FRONT ELEVATION' ~h ETIW~A APARTMENTS .----~ ~ ' ETIW'ANDA APAI~ -- FRONT ELEVATION FP. ONT ELEVATION REA~ ItI.RVATION 2."2~ ~ & RIGHT I~BVATION 4~ ETiwAND^ APARTMENTS ~ L~SINO BUILDING C-"LUBHOURI~. U~ 'ETIWANDA APARTMENTS ___--_~._--- ADULT ~ ETI~ANDA APARTMENTS ..~J~' 'ETIWANDA APAP, TI~r~--:NTS ~ · SF~OND FLOOR LOFT ].~VEL FI~'T FLOOR ~ ETIWANDA APARTM:F-2~TS . -- FRONT I~EVATION FRONT ELEVATION 10-CAR GARAGE S-CAR GARAGE ~ ~TIWAI~A APAE.TMt~NT$ / DESIGN REVIEW COMMENTS 11:00 a.m. Kirt Coup/ November 20, 2001 ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT SUB'Ir 16257 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in. the Medium ReSidential District (8-14 dwelling units per acre), Etiwanda South Oveday District, and'Efiwanda Avenue Oveday District within the Etiwanda Specific Plan, located on the west side of Etiwanda north of Foothill Boulevard - APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related Files: Conditional Use Permit DRC2001-00557, Vadance DRC2001-00566, and Tree Removal Permit DRC2001-00567. ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Oveday District within the Etiwanda Specific Plan, located on the west side of Etiwanda north of Foothill Boulevard - APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related Files: Tentative Tract SUB'Fi' 16257, Vadance DRC2001-00566, and Tree Removal Permit DRC2001-00567. Desiqn Parameters: The site is located between Efiwanda Avenue and the 1-15 Freeway, north of Foothill Boulevard. The lot is generally fiat, sloping downward to the south and east. The site is currently vacant with native trees and grasses presenL Eight existing single-family residences, located on an inverted L-shaped property at the central portion of the site, are not a part of the proposed project. The property to the south is vacant, but is planned for commercial development. To the west and north is the 1-15 Freeway. To the east across Etiwanda Avenue, Is the approved, but not yet built, Camino Real Apartments by this same developer. The :project density of.13.8 dwelling units Per acre;~is essentially at the top o[ thedensity, range for this zone;therefore, transition of density to adjoining single,family homes is criticaL.- Site Plan has been designed to create transilJons through building orientation and setbacks to the,Identified single- family residences. The project will Include a total of 41 apartment buildings comprised of four bbildingtypes. In.addition, there will,also be two recreation buildings with one office/leasing building. The proposed buildings fronting Etiwanda Avenue have, enhanced elevations~and;~.bUildlng masses include both two-story and one-story elements to articulate the massing. There are 19 two- story apartment buildings proposed along :the freeway corridor at the nodh and west project' perimeter. The buildings are intended to assist with the mitigation of freeway noise.* Single-sto~ garage structures perform as a good buffer and Iow building mass tzansition.along the sou~ property line, adjacent to the commercial property. The project will require a Vadance to allow for the increase Jn the wall height up to 25 feet for sound attenuation along the 1-15 Freeway. A substantial recreation/open space corridor is provided within the deve!opment, which will include both active and passive recreation facilities. Active recreatiori Uses incli)a~=~ c~m~u'rilty pool and spa; several tot lots, half court basketball, grass volle~ll copt;t, hors~hoe pi~, ba~.areas, and exercise facilities within the recreation buildings. Thej3ropo'~d bdildir~gs Wiliindudb ~ stu~ finish, painted wood corbels, wood siding, and a concrete fiat tile roof. The project perimeter Will involve 6-foot high tubular steel fencing and a masonry wall. Fencing along Etiwanda Avenue'willindude 6~foot h!gh tub~ular steel [encing with ~ecorative masonry pila. stem. DRC COMMENTS TT SUBTI'16257 AND DRC2001-00557 - FORECAST CORPORATION November 20, 2001 Page 2 Re.qulations: the Etiwanda Specific Plan only allows the proposed density under the Optional Development Standards. The key requirement is a minimum of 30 percent common open space. The project site's frontage, within 200 feet of the street centeriine, !s located within the Etiwanda Avenue Overlay DistricL The Overlay District is intended "to protect and enhance the visual and historical character and the quality of Etiwanda Avenue and its immediate surroundings.' The key requirement is for multi-family structures to be designed "to present an:image of large single-family structures." River rock is encouraged as a design elemenL A minimum of 15 recreational amenities is required based upon the total number of units. Staff Comments: The following comments ara intended to provide an outline for Committee discussion. Maior Issues: The following broad design issues will be the focus Of Committee discussion regarding this project: 1. Roof style and materials of the apartment buildings and garage structures should match. 2. Incorporate design elements of the proposed buildings into the architecture of the garage structures (i.e., gable roof element, stucco finish, painted wood corbels, wood siding, etc.). 3.. AJI walls and fences shall be of decorative mate~al. 4. Two of the proposed elevations should incorporate decorative materials other than wood siding to provide variation in the buildings. For example, Buildings B and D could include stacked stone or real river rock treatment. 5. '~. The'deCOrative perimeter fence along Etiwanda Avenue shall incorporate:large decorative - masonry pilasters (i.e~- real riVer rock or stacked stone)in its design. The pilasters shall be develoPed~at:a minimum of 30,Inches,squared;. Policy ISsues: ,The~ following :items, ~re a matte~' of planning:Commission policy and should be incoi'poratedinto the project design without dlscussiorl: 1. Vary the roll-Up garage door designs to avoid monotony. Suggest pairing together doors wi~ Staff Recommendation: Staff recommends that the Design Review Committee approve the I~roject subject to the modifications as recommended above. Desl.qn Review Committee Action: Member Prasen~ ':~ P~ s~wart, Nancy Fong The Committee reviewed the pr0j~t :and r~¢~0mmer{~ied file applican{ ~ke all 'major and policy issue revisions, with the exception of the fourth identified major Issue, The raviston should incorporate decorative meterlal other than wood siding and could include stacked stone or real river rock treatment on the four buildings along Etiwanda Avenue as wall as the leasing/clubhouse building, The applicant agreed to make the necessary ravistons and bring back the revised elevations and sample meterlats, The Committee asked to see the project on Consent Calendar at the next Design Review Committee mse,ng. 7:00 p.m. Kirt Coury December 4, 2001 ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in the Medium Residential Distdct (8-14 dwelling units per acre), Etiwanda South Oveday District, and Etiwanda Avenue Oveday District within the Etiwanda Specific Plan, located on the west side of Etiwanda horth of Foothill Boulevard - APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related Files: Tentative Tract SUB'Ir 16257, Variance DRC2001-00566, and Tree Removal Pem~tt DRC2001-00567. DeslRn Review Committee Action: Members Present: Larry McNiel, Para Stewart Staff Planner:. Nancy Fong for Kirt Coury The applicant was not present at the meeting with the revised colored elevations. The Committee reviewed the faxed 8 1/2 by 11 elevations showing the addition of stacked stones enrichment to Buildings B and C. The Committee recommended that the stacked stones be used as a wainscot for all sides of the buildings and to bdng the stacked stones up to the level of the cornice treatment and as marked on the faxed elevations. If the applicant disagreed with the Committee"s recommendations, the project should be referred back to Committee as a regular item for discussio~. pdor to Planning Commission review. /65  '~ ENVIRONMENTAL ~ ~' %¥ INFORMATION FORM ~o,Ro=o~, (Part I -' Initial Study) Planning Divtsfoe {~os) 477-2750 INCOMPLb 1 E APPLICATION$ WILL NOT BE PROCESSED. Please note that it ia the responsibility of the applicant to ensure Umt the applica#on is complete at the time of submittal,' City ataff will not be available to per[orm work required to provide missing in formalin. Application Number for the project to which this form proteins: Name & Address of project Name & Address of developer or pmject -~ ~ spon~oc Telephone Information indicated by aste#sk (*) is not required of non-cona~rucfon CUPs unless otherwfse requested by sfaff. 'I) Provide a full scale (8-1/2 x 11) copy of the USGS Quadrant Sheet(s) which includes the project site, and Indicafe ~he site boundeSes. 2) Provide a set of color photographs which show representative views into the site from the north, south, east and wast; views into and from the site from the pdmaty access points which selve the site; and repmsenteffve views of significant features from the site. Include a map showing IocaSon of each photograph. '~ . · ~. 4) Assessors Pamel Numbers (aEach addiEonal sheet 7)Dssc~fbe any proposed general plan amendment or zone change which would affect the project site (Mtach addYdonal sheet ff necessaOc. I:~PLANNING~FINAL~FORMS~COUNTER~JNITSTDI.WPD 3/00 Page 2 " 8) include a description of ail permits which will be necessary from the City of Rancho Cucamonga and other govemmentel agencies in order to fully implement the project: 9)Describe the physical seffing of the site as it 'exists'betom the pmjecf including i~fon'nation on topography, soil stability, plants and animals, mature trees, trails and roads, drainage courses, and scenic aspecte. Desc. dbe any ex. i. ailng structures on site (including age and condffion) and the use of the stroclums. Attach photographs of $igniilcant featums descdbed. In addison, site ail soui'ces of information (i.e., geological and/or hydrologic studies, biotic and aroheologicel surveys, baffic studte~): t 10)Describe the known cultural and/or historical aspec~ of the site. Site all soumes of infotma§on (books, published reports end oral history): 11) Descdbe any noise souroes and their levels that now affect the Site (aircrall, roadway noise, etc.) and how they will aftect 2)Describe the proposed project in deteil. This shouldpmv~de an adequate description o~ the site in terms of ultimate use which will result from ~he prop. osed project. Indicate ff them am proposed phases for development, the extent of development to occur with each phase, and the anticipated compietion of each incremenL' Attach additk~nal sheet(e) ff necessao~: 13)Desc#be the sum)unding properties, including information on plante and animals and any cultural, hlsto~=al, or ~canto aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one-family, apartment house& shops, depa~lment =toros, etc.) and scale of development (heigh~ frontage, setback, mar yawl, e~): · / / ' 14) Will the pmrnn-~el project change the pattern, scale or character of the surrounding general area of the project'? '. 15) Indicate the type of shoE-term and long-term noise to be genere~ed, including source and amount. How will these noise levels affect adjacent properties and on-site uses. Wl~at methods of seund proofing am pmposed? '16) Indicate proposed, removals, and/or replacements,k. of m.ature, or scenic bees: ~cw ~¥-~1 'I- ~.~ v~O ~'~ 17) Indicate any bodies of watsr (including domestic water supplies) into which the site drains: 18) Indicate expected amount of water usage. (See Attachment A for usage e~timatss). For fur~her, ctarifice§on, please contact the Cucemonge County Watsr District at 987-259f. e. Rosiden§al (gal/day) [ ~ ~'~ ~ o 0 Peak use (gal/Day) b. Comme~ciaVlnd. (gal/day/ac) Peek use (gal/ml,rVac) / 19) lndicats proposed mothod of sewage disposal. __ Sep#c Tank ~/Sewer. If sepUc tonks am proposed, attach percolaUon tests. If discharge to a sanitary sewage system is proposed indicate expected daily sewage genera#on: (See Attachment A for usage estimates). For further clarification, please contact the Cucamonga County Water Disbfnt at 987- 2591. a. Residential (gel~day) 7 -~ 0 a b b. Commereiaklod. (gal~day/ac) RESIDENTIAL PROJECTS: ' ' 20) Number of residential units: Detached (indicate range of parcel sizes, minimum lot size and maximum for size: i.tf~l Akl&llklf~-UClldAI %I~M.~M~.OUhJ'F~_RIlMIT,~FI~4 WPJ~ ~ Page 21)Anticipated range of sale p#ces and/or mnts: Sale P#ce(s) $. ~ to $ Rent (per month) $ ~ o ~ to $ ~/ ~ ~ " -' 22) Specify number of bedrooms by unit fype: 23) Indicate anticipated household size by ~ 24)Indicate the expected number of school children who wfll be residing within the project: Contact the approptfate School Districts as shown in Aitachment B: a. Elementary:_ b. JuniorHIgh:__ c. Senior High COMMERCIALt INDUSTRIAL AND INSTITUTIONAL PROJECT~ 25) De$c#be type of use(s) and major function(s) of commercial, Indusbfal or instal 26) ~p~! floor ama of corn · ' 27) Indicate hours of operaUon: 28) Number of Total: employees: Maximum Shift.. Time of Maximum Shift: 2g)Pmvide ~ ranges, as well as an indication of the Kite of hire for each classification 30) Estimation of the J , reside in the c~: (Data should be Coast Air ( ALL PROJECT~ 32)Have the water, sewer, conbol agencies serving file project been contected to detenTline their abitib/ to provide adequate sen,ice to the ff ~o, please indicate thelr respon~e. . i:~OLANNING~INAL~=ORMb-'~COUNTER~INITSTDI.WPD 3/00 Page 7 ~ In the known history of this properS, has them been any use, storage, or discharge of hazardous and/or toxic mate~fals? · ~w Examples of hazardoua and/or toxic materials include, but am not limited to PCB-s; radioacEve substances; pesticides and herbicides; fuels, oils, solvents, and other flammable liquids and gases. 'Alse note unde~jmund atomge of any of the above. Please list the materials and desctfbe their use, storage, and/or discharge on the property, as well as the dates of use, ff known. 34) t4411 the proposed project involve the temporary or long-term use, storage or discharge of hazardous and/or toxic maledals, including but not limited to those examples listed above? ff yes, provide an inventory of all such matedate to be used and proposed method of disposal. The Ioca§on of such uses, along with the storage and shipment ames, shall be shown and labeled on the application pter, s. I hereby cerffy that the statements furnished above andin the attached exhibits present the data and information required for adequate evaluation of this project to the best of my abllib/, that the facts, stafamenfa, and information presented am hue and correct tot be best of my knowledge and belief. I further undemtend that additional information may be required to be submitted before, an adequate evaluation can be made by the ~ of Rancho Cucamonge. /~ ~ ~ ~.~... Oete.' '=/'/lO / ', _ / ' T/tie: City of Rancho Cucamonga ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: DRC 2001-00557 2. R~lated Files: Tentative Tract Map No. 16257, DRC 2001-00567 and DRC 2001-0566 3. Description of Project: Environmental Assessment and Development Review 2001- 00557-The project is the development and design review of plans for Tentative Tract Map No. 16257, and the construction of 368 multi-family units in buildings ranging from one to three stories in height. The site is approximately 26.7 acres in the Medium Residential District (8-14 dwelling units per acre) within the Etiwanda Specific Plan. The project also requires a Conditional Use Permit (CUP) and a Tree Removal Permit. The project site is within the Etiwanda Avenue Overlay District. All proposed developments within the overlay district are subject to the issuance of a CUP with the exception of single-family residences. The Tree Removal Permit will allow the removal of onsite trees that meet the Tree Ordinance's minimum size criteria for heritage trees. Currently there are three single-family residences onsite. The proposed project includes the removal of these residences. The site is located southeast of the elevated 1-15 Freeway, approximately 550 feet north of Foothill Boulevard and immediately west of Etiwanda Avenue (APN Nos.22.7-21-003, 004, 005, 009, 010, 017, 020 and 029). 4. Project Sponsor's Name and Address: Forecast Corporation 10670 Civic Center Drive Rancho Cucamonga, CA 91730 5. General Plan Designation: Medium Residential (8-14 dwelling units per acre) of the Etiwanda Specific Plan. 6. Zoning: Medium Residential District (8-14 dwelling units per acre) Etiwanda Specific Plan. 7. Surrounding Land Uses and Setting: The site is bordered on the west and north by the 1-15 Freeway. The freeway is elevated through this section and runs southwest to northeast at an approximate 45° angle to the site. The area south of the site is vacant followed by a realty office, a liquor store, single-family residences and a church (located near the southwest comer of the site). The site surrounds an existing neighborhood that includes eight single-family residences. These are not a part of the project and will remain in place. The project includes a perimeter wall around the existing residents. There are three single-family residences that occur onsite that will be removed to allow for site development. The westernmost portion of the site is currently clear of residential structures and will allow full access to the northern/southern portion of the site. /7¢ Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 2 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Kirt Coury Senior Planner (909) 477-2750 10. Other agencies whose approval is required: State Water Resources Control Board - General Construction Activities Storm Water Runoff Permit. /75 Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is 'Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated,' or 'Less Than Significant Impact' as indicated by the checklist on the following pages. I( ) Land Use and Planning ('/) Transp°rtati°n/Circulati°n I ( ) Population and Housing (v') Biological Resources (v') Public Services (v') Geological Problems ( ) Energy and Mineral Resources (v') Utilities and Service Systems (v') Water (v') Hazards (~') Aesthetics (,/) Air Quality (v') Noise ( ) Cultural Resources (v') Mandatory Findings of Significance (v') Recreation DETERMINATION On the basis of this initial evaluation: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project, or agreed to, by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. Signed: ~ .~//~ ffZ.f' Natalie P. Patty /// ' Contract Environmental AnalySt December 18, 2001 Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 4 EVALUATION OF ENVIRONMENTAL IMPACTS Pursuant to Section 15063 of the California Environmental Quality Act Guidelines, an explanation is required for all "Potentially Significant Impact,' "Potentially Significant Impact Unless Mitigation Incorporated,' and "Less Than Significant Impact' answers, including a discussion of ways to mitigate the significant effects identified. Issues and Supporting Information Soumes: ~x~,,a~ u.~ ~. s~acant ~ga~ I s~a~t 1. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ( ) ( ) ( ) (,,,) b) Conflict with applicable environmental plans or ( ) ( ) ( ) (~,) policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land use in the ( ) ( ) ( ) (~,) vicinity? d) Disrupt or divide the physical arrangement of an ( ) ( ) ( ) (~,) established community? Comments: a-b) The project site is located immediately west of Etiwanda Avenue, north of Foothill Boulevard and is bordered on the west/northwest by the 1-15 within the Etiwanda Specific Plan area, The project site is within the Etiwanda Avenue Overlay District and therefore is subject to a CUP and all special design requirements contained in Part II, Chapter 5, Section .304 of the Etiwanda Specific Plan. The site is within the Medium Residential District (8 to 14 dwelling units per area). The applicant has proposed a tract map showing 13.8 dwelling units per acre on a net site area of 26.7 acres. No increase in density or plan amendment is proposed, and therefore no impacts will result from the project.. c-d) The nearest residence is located 40 feet from a proposed building with a proposed height of 32 feet. Standard two-story homes have heights ranging from 25 to 35 feet. The proposed development will be compatible with existing residences in the vicinity as the building are sufficiently setback from the existing residences and do not exceed the maximum height requirements of a two-story single-family home. Issues and Supporting Information Sources: ~ :,~'~o;.'~ I ~ I ~.,~t I 2. POPULATION ~ HOUS~IG. Would the proposal: a) Cumulatively exceed official regional or local ( ) ( ) ( ) (~,) population projections? /77 Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 5 Issues and Supporting Information Sources: u,~ ~ b) Induce substantial growth in an area either ( ) ( ) ( ) (,~) directly or indirectly (e.g., through projects in an undeveloped ama or extension of major infrastructure)? c) Displace existing housing, especially affordable ( ) ( ) (~') ( ) housing? Comments: a-b) The project includes the construction of 368 apartments on approximately 26.7 acres of land designated as Medium Residential (8 to 14 dwelling units per area) located immediately west of Etiwanda Avenue and approximately 100 feet north of Foothill Boulevard. No increase in density or plan amendment is proposed. Therefore, the project will not result in a change in population projections. The proposed project will not require the expansion of any major infrastructure as the area surrounding the site is development with scattered single-family residences, with commercial development along Foothill Boulevard. c) The project site includes three existing single-family residences. These residences will be removed to allow site development. The site surrounds an existing neighborhood that includes eight single-family residences, These eight residences are not apart of the project and will remain in place. The three residential structures that occur onsite will be removed and replaced with 368 dwelling units. The impact is considered less than significant. Issues and Supporting nformation Sources: la~i ~ No I Imp~ I In(x.~,~ IIn'~ I In~p~ 3.. GEOLOGIC PROBLEMS. Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? ( ) ( ) ( ) (,/) b) Seismic ground shaking? ( ) ( ) (,/) ( ) c) Seismic ground failure, including liquefaction? ( ) ( ) (~,) ( ) d) Seiche hazards? ( ) ( ) ( ) (,/) e) Landslides or mudflows? ( ) ( ) ( ) (,~) f) Erosion, changes in topography, or unstable soil ( ) (,/) ( ) ( ) conditions from excavation, grading, or fill? g) Subsidence of the land? ( ) ( ) ( ) (v) h) Expansive soils? ( ) ( ) ( ) (~,) Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 6 Issues and Supporting Information Sources: M.~. s~r~. .o i) Unique geologic or physical features? ( ) ( ) ( ) (~') Comments: a-b) No known faults pass through the site, and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Rod Hill Fault. The Red Hill Fault, or Etiwanda Avenue Fault, passes within 3 miles northwest of the site, and the Cucamonga Fault Zone lies approximately 4.8 miles north. The magnitude of the maximum probable event along these faults is estimatod at moment magnitude (Mw) 6.0 - 7.0 earthquakes, respectively. Also, the San Jacinto fault, capable of producing up to Mw 7.5 earthquakes is 9.0 miles northeast of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 11.5 miles northeast of the site. Each of these faults can produce strong ground shaking. Adhering to the City grading standards and the Uniform Building Code will ensure that geologic impacts are less than significant. c) In the absence of shallow groundwater, the project site is not considered susceptible to soil liquefaction. d) The 26.7-acre site is not located near a body of water. Therefore the proposed development will not expose people to a seiche hazard. e) The site is relatively flat, therefore there is no danger of landslides or mudflows. Grading will be minimal and will even out the site and create the necessary slope gradient to allow proper site drainage. f) Based on a Preliminary Geotechnical Investigation Report prepared for the site by Converse Consultants in August 2001, the project site is suitable for the proposed development, provided the findings and conclusions presented in the report are considered in the development of the site. As discussed in the report, the upper three to four feet of alluvial soils are not considered suitable for supporting structures or additional fills. However, typically, during grading, these soils can be over excavated and compacted to meet or exceed foundation requirements. The following mitigation measures, as contained in the report, will ensure impacts to development of the site are less than significant. 1. Site grading shall include removal and recompaction of surtace soils. Relative compaction shall be as determined by the project engineer in a final geotechnical report. 2. Prior to issuance of grading permits for the project, a final grading plan shall be prepared in compliance with recommendations contained in the final geotechnical report. g/h) Based on the Preliminary Geotechnical Investigation Report prepared by Converse Consultants in August 2001, two representative samples from the top layer of /7¢ Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 7 alluvial deposit were tested to evaluate expansion index (El) in accordance with the Uniform Building Code (UBC, 1997) Standard 18-2. The value of the measured El is 0. This value of El indicates that the site soils have very Iow expansion potential. As discussed in the report, the average shrinkage factor for the upper five feet of alluvial soils is estimated to be 2 to 16 percent. Subsidence will depend on the construction methods including type of equipment utilized. For estimation purposes, ground subsidence may be taken as 0.20 feet. Subsidence may occur in the City relative to groundwater withdrawals, if groundwater drawn down is done at varying rates in the Cucamonga groundwater basin. However, to date this phenomenon has not occurred anywhere in the City and is unlikely to occur due to the consistent groundwater management practices of the various water agencies. Therefore, this impact is considered to be less than significant. Soil type at the site and in the vicinity is Tujunga association (TvB). The Tujunga series consists of somewhat excessively drained, nearly level to moderately sloping soils formed on alluvial fans in granitic alluvium. Soils are present at slopes of zero to nine percent in elevations ranging from 1,000 to 2,000 feet. Vegetation present with these soils is thin strands of chamise, some large sagebrush, and annual grasses. Runoff is slow to very slow. The hazard of water erosion is slight, but the soil will blow if left unprotected. The hazard of soil blowing is moderate to high on bare soil. The City's General Plan indicates that most soil types in the City are very adaptable to land development and are not of an expansive nature. i) The site contains no unique geologic or physical features. Issues and Supporting Information Sources: 4. WATER. Will the proposal result in: a) Changes in absorption rates, drainage patterns, ( ) (,,') ( ) ( ) or the rate and amount of surface water runoff? b) Exposure of people or property to water related ( ) ( ) ( ) (,~) hazards such as flooding? c) Discharge into surface water or other alteration ( ) (~-) ( ) ( ) of surface water quality (e.g., temperature, dissolved oxygen, or turbidity)? d) Changes in the amount of surface water in any ( ) ( ) ( ) (~,) water body?. e) Changes in currents, or the course or direction . ( ) ( ) ( ) of water movements? f) Change in the quantity of ground waters, either ( ) ( ) ( ) through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations, or through substantial loss of groundwater recharge capability? Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 8 Issues and Supporting Information Sources: P~,,,~y u,~ ~ g) Altered direction or rate of flow of groundwater? ( ) ( ) ( ) (,') h) Impacts to groundwater quality?. ( ) ( ) ( ) (,,') i) Substantial reduction in the amount of ( ) ( ) ( ) (v) groundwater otherwise available for public water supplies? Comments: a-b) Based on the Flood Insurance Rate Map (FIRM, 1984) prepared by the Federal Emergency Management Agency (FEMA), the project site is located within a "Flood Hazard Zone C.' This zone is defined by FEMA as an area of minimal flooding. As described in the Preliminary Drainage Study prepared by Dan Guerra & Associates the project site drains southerly to Foothill Boulevard, through the Foothill Market Place, and ultimately to the Day Creek Channel. The City's Master Plan of Drainage proposed to redirect this area easterly to the Etiwanda/San Sevaine Channel. Interim conditions do not allow additional flows to the facility until downstream regional facilities are completed. In addition, the property is not physically capable of draining to the basin. A Final Drainage Report prepared for Tract 15711 (located north of the project site) in September 1997, provides for the redirection of the undeveloped runoff from this area, with mitigation detention occurring in Basin No. 6 to account for this increased undeveloped flow. The report suggests onsite detention of the incremental developed runoff from this area to occur as a potential option. The following mitigation measure shall be implemented prior to issuance of grading permits: 3. The applicant shall submit a final drainage plan showing how stormwater will be conveyed across the site and directed into the City's storm drain systero. c-e) Since grading onsite will exceed five acres, the applicant must prepare a Storm Water Pollution Prevention Plan (SWPPP) for submittal to the State Water Resources Control .Board (SWRCB). The project will also require a General Construction Activity Storm Water Runoff Permit from the SWRCB. Both the SWRCB and the Regional Water Quality Control Board (RWQCB) will require the use of Best Management Practices (BMPs) during construction to control the discharge of pollutants and sediments into streets and/or stormwater conveyance channels. BMPs would include, but are not limited to street sweeping of paved roads during construction, and the use of hay bales or sand bags to control erosion during the rainy season. The following mitigation measure will be implemented to ensure impacts from water runoff and erosion is less than significant: 4. Prior to issuance of grading permits, the applicant shall identity BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 9 A final grading plan will be prepared in accordance with City standards and show how storm water runoff will be handled both during construction and operation. Approval of grading plans and conditions applied to the project by the Building Official to ensure adequate site drainage and adherence to BMPs identified in the SWPPP will make this impact less than significant. f-i) The project will not interfere with groundwater management practices in the area as the site is not used for groundwater recharge. Additionally, groundwater was not encountered in any of the borings (maximum explored depth of 50 feet) taken for the preparation of the Preliminary Geotechnical Investigation Report, prepared by Converse Consultants; Based on available information depth to groundwater is greater than 400 feet below the project site. Issues and Supporting Information Sources: u.~. ~ M~ 5. AIR QUALITY. Would the proposal: a) Violate any air quality standard or contribute to ( ) (v) ( ) ( ) an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? ( ) (v) ( ) ( ) c) Alter air movement, moisture, or temperature, or ( ) ( ) ( ) (.,') cause any change in climate? d) Create objectionable odors? ( ) ( ) ( ) (v) Comments: a) The proposed project was screened using the Urban Emission Model 7G (URBEMIS7G) prepared by Jones & Stokes under the guidance of the San Joaquin Valley Unified Air Pollution Control District, the Ventura County Air Pollution Control District, and the South Coast Air Quality Management Distdct (SCAQMD). The program generates emissions estimates for land use development projects. The criteria pollutants screened for included: reactive organic gases (ROG), nitrous oxides (NOx), carbon monoxide (CO), and particulates (PM~0). Though not required, construction emissions ars screened and quantified to document the eff~ctiveness of control measures (Table 1). The operational mobile source emissions were calculated using the Institute of Traffic Engineers (ITE) Trip Generation Manual 6th edition values programmed into the URBEMIS7G model. In order to reflect the residential nature of the proposed project, the default fleet mix was modified to increase the number of light passenger vehicles and decrease the number of medium and heavy-duty diesel trucks. The proposed project operational emissions will not exceed SCAQMD thresholds of significance (Table 2). However, since the South Coast Air Basin is in non-attainment status for ozone and suspended particulates (PMm) mitigation measures will be used to minimize the project contribution to regional emission of criteria pollutants. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 10 Generally, construction of a project this size will not exceed SCAQMD thresholds during grading activities for PM~o and NOx, nor SCAQMD thresholds for developed condition (operational impacts) for NOx. Tables 1 and 2 show project impacts before and after mitigation measures have been implemented. During grading, fugitive dust (PM~0) will be generated. Additionally, painting activities will increase ROG levels. The model simulates all of the units being painted at the same time (worst case) and shows that combined ROG during construction to exceed the 75 pounds per day threshold by 1.68 pounds. However, it is likely that painting activities will be spaced out and will not occur at the same time. If painting activities do occur simultaneously Mitigation Measure No. 11 will ensure emissions are below SCAQMD thresholds. And since, there are existing residential units within the vicinity of the site, and since the region is in non-attainment for PM~0, fugitive dust will be mitigated by the following measures: 5. Painting activities shall be spaced out over a period of 80 days. 6. The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~0 emissions, in accordance with SCAQMD Rule 4{)3. 7. Efiwanda Avenue shall be swept according to a schedule established by the City to reduce PM~0 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 8. Grading operations shall be suspended when wind speeds excccd 2S mph to minimize PM~o emissions from the site during such episodes. 9. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. During operation exhaust emissions from trucks and employees traveling to the site will increase CO levels in the area. As shown in Table 2, operation activities at the site will not exceed SCAQMD thresholds. Based on a Traffic Impact Analysis (TIA) prepared by Kunzman Associates in October 2001, the project will generate approximately 2,466 daily trips. Total AM peak hour trips would be approximately 139 and PM peak hour trips would be 169, with a continued LOS D capacity or better at intersections in the vicinity. Traffic associated with the project was projected to occur in the area as the area is designated Medium Residential and is expected to generate related traffic trips. Emissions associated with these vehicle trips are below SCAQMD thresholds (Table 2). Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 11 Table 1 URBEMIS7G Construction Emissions Summary (Pounds per Day) Source ROG N(~x " CO PM~0 Unmit. Mit. Unm t Mit. Unmit, Mit. Unmit. Mit. Demolition 16.80 16.80 Grading 4.67 4.67 53.22 50.56 - 25.36 10.99 Worker Trips 1.09 1.09 1,54 1.54 2.91 2.91 0.29 0.29 Stationary Equip. 0.34 0,34 0.27 0.27 0.02 0.02 Mobile Equip. 3.12 2.96 28.80 27.36 2.23 2.12 Arch. Coatings 69.72 66.23 Asphalt 1.70 1.62 Totals 80.64 76.68 83.83 79.73 2.91 2.91 44.70 13.42 SCAQMDThres. 75 75 100 100 550 550 150 150 Significance Yes Yes No No No No No No Table 2 URBEMIS7G EXISTING Operations Emissions (Pounds per Da]r) Source ROG N(~x " CO PM~0 Unmit. Mit. unmit. Mit. Unmit. Mit. Unmit. Mit. Area Source 0.06 0.00 0.81 0.00 0.32 0.00 0.00 0.00 Mobile Source 10.16 10.16 20.29 20.29 90.46 90.46 5.16 5.16 Totals 10.22 10.16 21.10 20.29 90.78 90.46 5.16 5.16 SCAQMDThres. 55 55 55 55 550 550 150 150 Significance No No No No No No No No b) During construction exhaust emissions from construction vehicles and equipment, and fugitive dust generated by equipment traveling over exposed surfaces will increase NOx and PM~0 levels in the area. The following mitigation measures will ensure impacts to existing residential units located a minimum of 40 feet from proposed construction activities, are at less than significant levels. 10. The construction contractor shall select the construction equipment used on-site based on Iow emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 11. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 12. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 12 c-d) The proposed project is the construction of 368 apartment units on a 26.7-acre lot with demolition of three existing residential units in accordance with the City code. The end use of the proposed project, Medium residential, will not generate emissions that could cause climatic changes or objectionable odors. Issues and Supporting Information Soumes: ~,~ u,,e~ ~ 6. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ( ) (,~) ( ) ( ) b) Hazards to safety from design features (e.g., ( ) ( ) ( ) (,~) sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to ( ) ( ) ( ) (v) nearby uses? d) Insufficient parking capacity on-site or off-site? ( ) ( ) ( ) (,~) e) Hazards or barriers for pedestrians or bicyclists? ( ) ( ) ( ) (,,') f) Conflicts with adopted policies supporting ( ) ( ) ( ) (,~) alternative transportation (e.g., bus turnouts, bicycle racks)? g) Rail or air traffic impacts? ( ) ( ) ( ) (,~) Comments: a) A traffic study was prepared for the project by Kunzman Associates in October 2001. The study contains documentation of existing traffic conditions, traffic generated by the project, distribution of the proiect traffic to roads outside the project, and an analysis of future traffic conditions. The following is a summary of the traffic study prepared for the project. Roadways that will be utilized by the development include Foothill Boulevard and Etiwanda Avenue. Currently the project site is vacant with the exception of three single-family residences that generate minimal traffic. Existing intersections in the vicinity of the site currently operate at Level of Service (LOS) D capacity or better. Once constructed, the project would generate approximately 2,466 daily trips. Total AM peak hour trips would be approximately 139 and PM peak hour trips would be 169, with a continued LOS D capacity or better at intersections in the vicinity. These traffic generation levels are below the San Bernardino County Association of Governments threshold of 250 peak hour trips to require a Congestion Management Plan Traffic Impact Analysis (CMP/'I'IA). The following mitigation measures contained in the traffic study will ensure impacts to traffic and roads in the vicinity are at less than significant levels: Initial Study for City of'Rancho Cucamonga DRC 2001-00557 Page 13 13. Maintain a high level of service along arterials by restricting parking and controlling roadway access. 14. Construct all streets internal to the project to full ultimate cross-sections as adjacent development occurs. 15. Construct all streets bordering the project to ultimate half-section widths in conjunction with development. 16. Landscape planting and signs should be limited to 36 inches in height within 25 feet of project driveways to assure good visibility. 17. Install a STOP sign on site egress roadway to adjacent arterials. The applicant will be responsible for paying the City traffic impact fees and improving the project's frontage along Etiwanda Boulevard. The applicant shall pay traffic impact fees that amount to the project's fair share of roadway improvements as identified by the City Engineer. b-c) Project design will not result in the creation of hazardous traffic conditions or create dangerous intersections. The proposed project includes two full access points from Foothill Boulevard. The southernmost access point is the main gated entrance and includes a 22-foot entrance and a 20-foot exit, with an eight-foot island separating the two. The second gated entrance is located approximately 700 feet north of the main entrance and includes both a 20-foot entrance and exit, with an eight-foot island separating the two. Both entrances will provide adequate points of ingress/egress and are accessible by emergency vehicles. d) The proposed project must provide a total of 712 parking spaces. The site plan includes 719 parking spaces. e-f) The new facility will not cause a hazard or barrier to pedestrians or cyclists because adequate points of ingress/egress have been provided and there is adequate parking along streets. No bus turnout has been provided. g) Located approximately seven miles northeast of Ontario Airport, the site is offset north of the flight path and will not be dangerous to users or aircraft. 7. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, threatened, or rare species or their ( ) ( ) ( ) habitats (including, but not limited to: plants, fish, insects, animals, and birds)? Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 14 Issues and Supporting Information Sources: u.~ ~ I impact I In,~ted mpac~ Impacl b) Locally designated species (e.g., heritage trees, ( ) ( ) (,~) ( ) eucalyptus.windrow, etc.)? c) Locally designated natural communities (e.g., ( ) ( ) ( ) (,~) eucalyptus grove, sage scrub habitat, etc.)? d) Wetland habitat (e.g., mamh, riparian, and ( ) ( ) ( ) (~') vernal pool)? e) Wildlife dispersal or migration corridors? ( ) ( ) ( ) (~') Comments: a) The site and surrounding area is not within the Ontario Habitat Recovery Unit for the Delhi Sands Flower-Loving Fly (DSFLF) as identified within Figure 6 of the US Fish & Wildlife Service Final Recovery Plan for the DSFLF dated September 14, 1997. The 26.7-acre site contains three residential units within the easternmost area and a vineyard within the westernmost area. The site is mostly vegetated with non-native grasses, a vineyard, and windrows of eucalyptus trees. Past agricultural and residential development has eliminated native vegetation at this site, b-c) According to the Arborist Report prepared by Jim Borer, Certified Arborist for the project site on September 20, 2001, a total of 86 trees on site meet the Tree Ordinance's minimum size criteria for heritage trees. There are 72 eucalyptus of various specimens and types, ten Italian cypress, one fan palm, one fruitless mulberry, and two California peppers. In general the eucalyptus trees are quite mature and are in declining condition with 13 dead specimens. Many of the other specimens are under going structural decline. One eucalyptus tree is under attack from an insect that has caused it to defoliate and therefore decline. The eucalyptus trees vary in condition between extremely mature specimens and smaller specimens that have grown underneath the canopies of the larger trees. Trees in both categories are in decline. Based on the proposed site development plan that calls for mass grading operations and widening of the west side of Etiwanda Avenue frontage, all of the existing specimen trees on site are expected to be affected. Up to 75 of the 86 trees on site must be removed to allow for the proposed grading to accommodate construction. As stated in the report, several of the species are candidates for relocation. Ornamental trees onsite, including one fan palm and 10 Italian cypress trees are viable candidates for relocation and preservation onsite. However none of these 11 trees are individually mature or distinct in either form or character and it would not be considered a significant impact if the trees were removed. The applicant has applied for the necessary Tree Removal Permit and has paid all associated fees. The impact is not considered significant as a majority of the trees are in declining condition and the project design indicates that they will be replaced with 120, 36-inch box trees, 120, 24-inch box trees, and 962, 15-gallon trees for a total of 1,202 new trees onsite. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 15 d) There is no riparian or wetland habitat on-site. e) The 1-15 Freeway borders the site along the west and northwest. The site is immediately west of Etiwanda Avenue and approximately 550 feet north of Foothill Boulevard. Scattered single-family residences occur near and on the site. This development has eliminated any wildlife corridors that may have occurred in the past. Issues and Supporting Information Sources: 8. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation ( ) ( ) ( ) (,~) plans? b) Use non-renewable resources in a wasteful and ( ) ( ) ( ) (~') inefficient manner?. c) Result in the loss of availability of a known ( ) ( ) ( ) mineral resource that would be of future value to the region and the residents of the State? Comments: a-b) The project will be required to conform with applicable City standards for energy conservation. c) The project site is located on the Day Creek alluvial fan, an area classified as a Mineral Resource Zone (MRZ-2). An MRZ-2 zone contains deposits of known value and marketability. However, the State Geologist has determined that the area is not a Designated Area of available resources due to urbanization. Issues and Supporting Information Sources: u~ ~ 9. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of ( ) ( ) ( ) (,~) hazardous substances (including, but not limited to: oil, pesticides, chemicals, or radiation)? b) Possible interference with an emergency ( ) ( ) ( ) (,,') response plan or emergency evacuation plan? c) The creation of any health hazard or potential ( ) ( ) ( ) (,,') health hazard? Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 16 Issues and Supporting Information Sources: ~,,.t~,~ IUnlea~ ~1 d) Exposure of people to existing sources of ( ) ( ) ( ) (~') potential health hazards? e) Increased fire hazard in areas with flammable ( ) ( ) ( ) (.,') brush, grass, or trees? Comments: a) There is no evidence of commercial or industrial uses. No evidence of discarded drums, containers, or hazardous wastes were observed during a site visit. Several piles of non-hazardous debris were observed onsite and will be removed prior to grading. There was no indication of underground storage tanks or illegal dumping of refuse on-site. Past and current uses at and near the site include vineyard and residential development. Demolition of residential structures shall be done in accordance with applicable City regulations. The proposed project will not expose people or the environment to hazardous materials. b) Two 50-foot driveways along Etiwanda Avenue will provide adequate access for emergency vehicles for the 26.7-acre site. Fire hose locations will be approved per the Fire Department. All terminating streets on-site provide appropriate turn radii for emergency vehicles. d) No evidence of discarded drums, containers, hazardous wastes or discolored soils was observed onsite. There was no indication of underground storage tanks or illegal dumping of refuse on-site. e) Development of the sites will remove dry vegetation and continued development of the area will decrease the potential of fire within the vicinity. The site is not located in a brush/wildland fire hazard area. 10. NOISE. Will the proposal result in: a) Increases in existing noise levels? ( ) ( ) (~') ( ) b) Exposure of people to severe noise levels? ( ) (v) ( ) ( ) Comments: a) The proposed project consists of 368 units in four building ranging in height between one and three stories. The single and two-story buildings will house conventional apartments, while the building with three stories will include loft style apartments on the third floor. The project would increase noise levels on-site and in the vicinity because the site is currently vacant. The site surrounds an existing Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 17 neighborhood that includes eight single-family residences that are not a part of the project, and that will remain in place. Construction activities are short-term and related elevated noise levels will cease once construction is complete. Implementation of the City's standard regulations on construction noise will ensure impacts to these residential units are at less than significant levels. These include limiting hours of construction to day-time hours Monday through Friday. Project-related increases in noise associated with developing a vacant site with 368 multi-family units will be consistent with the City's General Plan Noise Element for multi-family projects. The project is not anticipated to generate other than residential noise (i.e., children playing, vehicles entering and exiting, landscape maintenance, etc.) Construction noise can be mitigated through adherence to the City's requirements for restricting noise including delimiting the hours and days when construction can occur. Also the placement of stockpile areas and equipment storage away from the existing residences adjacent to the project site. These conditions of project approval are adequate so that no additional mitigation measures are required. b) The 368 apartment units will be sited immediately east of the elevated 1-15 freeway and west of Etiwanda Avenue. Traffic along freeways and highways can be a significant source of noise. The City's General Plan indicates noise levels exceeding 65 dBA along the 115 Freeway and Etiwanda Avenue. The project site is located 550 feet from Foothill Boulevard which is also subject to noise levels exceeding 65 dBA. Environmental noise is normally measured using a special frequency-dependent rating scale because the human ear is not equally sensitive to sound at all frequencies. The A-weighted decibel scale (dBA) compensates for this discrepancy by discriminating against frequencies in a manner approximating the sensitivity of the human ear. A-weighting de-emphasizes the very Iow and very high frequencies of sound in a manner similar to the human ear. The result is a decibel corrected for the variation in frequency response of the typical human ear at commonly encountered noise levels. In general, people can perceive a three-dBA difference in noise levels; a difference of 10 dBA is perceived as being twice as loud; 20 dB higher four times as loud; and so forth. Everyday sounds normally range from 30 dB (very quiet) to 100 dB (very loud). Environmental noise levels typically fluctuate over time, and different types of noise descriptors are used to account for this variability. The most useful noise descriptors measure time-averaged noise levels rePresenting various times of the day as sensitivity to noise increases/decreases (sensitivity to noise increases during evening and night-time hours). The following are definitions of the terminology commonly used to describe noise and noise related impacts. CNEI. (Community Noise Equivalent Level) - The average equivalent A-weighted sound level during a' 24-hour period, obtained after addition of approximately five decibels to sound levels in the evening from 7:00 p.m. to 10:00 p.m. and ten decibels to sound levels in the night after 10:00 p.m. and before 7:00 a.m. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 18 dB(A) (A-Weighted Sound Pressure Level) - The sound pressure level, in decibels, as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very Iow and very high frequency components of the sound, placing greater emphasis on those frequencies within the sensitivity range of the human ear. Ldn (Day-Night Noise Level) - The average equivalent A-weighted sound level during a 24-hour day obtained by adding ten decibels to the hourly noise levels measured during the night (from 10 p.m. to 7 a.m.). In this way Ldn takes into account the lower tolerance of people for noise during nighttime periods. Leq (Equivalent Energy Level) - The sound level corresponding to a steady- state sound level containing the same total energy as a time-varying signal over a given sample period, typically 1, 8 or 24 hours. La,= (Maximum Sound Level) - A statistical value that represents the highest maximum sound level reading during a given period. A traffic noise study report was'prepared for the proposed 368-unit project using both City and State of California noise standards. The City's Noise Element requires that where exceeded, the exterior noise adjacent to residential uses must be mitigated to 65 CNEL for outside living areas and that interior noise from exterior noise sources be mitigated to 45 CNEL for indoor living areas. In addition, the state's criteria for implementing surface traffic noise controls from the Noise Abatement Criteria (NAC) established by the Federal Highway Administration are 65 dBA leq for exterior residential areas and 52 dBA leq for interior areas. Under state regulations, highway traffic noise must be mitigated when the predicted noise levels "approach or exceed" the NAC or when predicted noise levels substantially exceed existing ambient noise levels and it is reasonable and feasible to mitigate. For the noise study, two sound level monitoring systems were used at two sites within the project boundary over a 24-hour period. In addition, short-term noise measurements were taken at three locations to assist in defining the traffic noise propagation on-site. Both the monitoring results and the noise prediction model show that noise due to current traffic on the 1-15 freeway exceeds 65 CNEL at the freeway right-of-way property line. Predictions show that traffic noise due to Foothill Boulevard, and Etiwanda Avenue does not exceed 65 CNEL at the respective property lines. According to traffic information provided by the City, future traffic noise from both Etiwanda Avenue and the 1-15 freeway will increase, while traffic noise from Foothill Boulevard will remain essentially the same. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 1,q For project apartments along the westerly property lines closest to the 1-15 freeway, no aoutdoor living areas" are planned for either the sides or the rear of these buildings. They have been designed to serve as 31-foot high by 61 feet long noise barriers for the interior buildings on-site. Without these buildings to act as sound barriers for the 1-15 traffic, noise would be approximately 65 CNEL 1,236 feet from the centerline of the freeway. With the noise mitigation provided by these buildings, freeway traffic noise would not exceed 65 CNEL in the outdoor living areas past the noise barrier apartments, except for the central portion of the freeway right-of-way where no barrier buildings are planned. For the patios and balconies with a full or partial view of the 1-15 freeway through the unmitigated central right-of-way portion of the project, mitigation must be built into the project to reduce noise levels to 65 CNEL or less. Likewise, for units along Etiwanda Avenue, traffic noise at the front of the buildings will be a combination of unmitigated traffic noise from Etiwanda and mitigated 1-15 traffic noise, which would be approximately 65 CNEL 116 feet from the centerline of Etiwanda Avenue. Since Etiwanda Avenue traffic noise would exceed the City's noise standards, the following mitigation is required to reduce exterior noise levels to 65 CNEL or below. 18. A seven-foot high, 5/8-inch thick, solid Lexan (or an equivalent abrasion resistant, non-yellowing transparent material) patio and balcony sound barrier panels should be installed at front yard patios and balconies within 350 feet of the freeway right-of-way that have a full or partial view of the 1-15 freeway and within 140 feet of the centerline of Etiwanda Avenue and that have a full or partial view of Etiwanda Avenue. Final size and composition of material to be used in the noise barriers shall be determined in a final acoustical analysis of the final site plans submitted to the City. As described in the noise analysis, the worst-case exterior noise exposure would occur at the second floor of the buildings nearest to the freeway and Etiwanda Avenue. The overall noise levels at the roadway facing sides of the front line apartments would be approximately 75 CNEL along the freeway and 69 CNEL along Etiwanda Avenue. An outdoor-to-indoor noise reduction of 30 dB and 26 dB, respectively, will be required to comply with the 45 CNEL interior noise level target. The following mitigation measure will ensure interior noise 'levels at within City standards. 19. An appropriate ventilation or cooling system shall be included in the design to provide ventilation for the units without requiring that windows be opened. The type of ventilation system will be chosen in consultation with City staff prior to issuance of building permits. 20. First floor apartment windows in buildings walls that would have a full or partial view of either the 1-15 freeway or Etiwanda Avenue will require the placement of acoustically rated 'windows. The exact rating shall be determined in a final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 20 21. Buildings nearest the roadways that have a full or partial view of either the 1-15 freeway or Etiwanda, will require the placement of acoustically rated exterior doors. The final design and rating of the doors and related materials shall be determined in the final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. Issues and Supporting Information Sources: 11. PUBLIC SERVICES. Would the proposal have an effect upon or result in a need for new or altered government services in any of the following areas: a) Fire protection? ( ) ( ) ( ) (~,) b) Police protection? ( ) ( ) ( ) c) Schools? ( ) ( ) (~,) ( ) d) Maintenance of public facilities, including marls? ( ) ( ) (v) ( ) e) Other governmental services? ( ) ( ) ( ) (,,.) Comments: The Etiwanda Specific Plan identifies the project area as one of the highest intensities within the Etiwanda planning ama. The area is planned to contain one of the higher land use intensities. Appropriate conditions of approval will be placed on the project prior to development. a-e) Fire Protection - The project site is located immediately west of Etiwanda Avenue and approximately 550 feet north of Foothill Boulevard, and is served by the Foothill Fire Protection District. The nearest fire station is located on Baseline Road, west of Day Creek Boulevard, and approximately two miles northwest of the site. The Foothill Fire Distdct is responsible for evaluating the project through the City's Development Review and Growth Management process. The proposed project will include structural fire protection standards contained in the Uniform Fire Code. Police protection - Police Protection for the area is provided under a contract with the County Sheriff's Department. The proposed residential development will include standard security devices such as street lighting, and locks on all windows and doors. Since a portion of the site contains existing residential units, with commercial development occurring less than 550 feet south of the project site, the area is currently patrol and will not required additional police protection. Schools -The Etiwanda School District and the Chaffey Joint High School District serve the project area. A standard condition of approval will require the developer to pay the school impact fees. With this standard mitigation, impacts to the School Districts are not considered significant. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 21 Parks - The proposed project will include recreational facilities onsite for the 368 dwelling units. Facilities will include a Main Recreational Building, an Adult Recreation Center, and a Family Recreation Center. Additional amenities include: a tot lot for ages 2-5, a children's wading pool, a tot lot for ages 5-12, a pool and spa, half-court basketball, a grass volleyball court, horseshoe pit, and four barbecue/picnic facilities. Since the project provided several recreational amenities onsite, the impact to local parks or future recreational opportunities is less than significant. b) Public facilities - The proposed residential development will not significantly increase traffic on adjacent streets and it is consistent will the City's Etiwanda Specific Plan which designates the area Medium Residential with projected future traffic after development. The project includes improvements along Etiwanda Avenue right-of-way. Additionally, the proponent will be required to construct all other necessary street improvements and pay traffic impact fees as established by the City Council to off-set the incremental increase in traffic as a result of the project. Issues and Supporting Information Soumes: I ~mp~ I ~"~ 12. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies or substantial alterations to the following utilities: a) Power or natural gas? ( ) ( ) ( ) (v) b) Communication systems? ( ) ( ) ( ) c) Local or regional water treatment or distribution ( ) ( ) ( ) facilities? d) Sewer or septic tanks? ( ) ( ) ( ) (,,,) e) Storm water drainage? ( ) ( ) (,,) ( ) f) Solid waste disposal? ( ) ( ) ( ) (,,,) g) Local or regional water supplies? ( ) ( ) ( ) (,,,) Comments: a-g) The proposed project will include the construction of 368 dwelling units. The proposed development will extend as necessary existing systems and utilities available in the immediate area. The area, as discussed within the Etiwanda Specific Plan, is scheduled to include one of the higher relative land use intensities within the planning area. Utility systems installed to service existing development within the area, are adequate and will not require major modifications or alterations. Solid waste disposal will be provided by the current City contracted hauler. e) The project will increase demand upon storm drain systems due to the increased runoff from new hardscape and roof tops proposed on the currently vacant site. A /9¥ Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 22 Preliminary Drainage Report prepared for the project by Dan Guerra & Associates indicated that existing Basin Number 6 be excavated to accommodate additional capacity. This will allow development to occur, not increase runoff to the Etiwanda/San Sevaine Channel and eliminate the adversity associated with onsite detention. Drainage Plans will be included in application submittals in addition to the Final Drainage Report for City Engineer review and approval. See Section 4, Water for a discussion of Best Management Practices. s~ Issues and Supporting Information Sources: Impa¢l j 13. AESTHETICS. Would the proposah a) Affect a scenic vista or scenic highway?. ( ) ( ) ( ) (~') b) Have a demonstrable negative aesthetic effect? ( ) ( ) ( ) (,/) c) Create light or glare? ( ) ( ) ( ) (,/) Comments: a-b) The project site is net within a scenic vista or scenic highway. The area is designated Medium Residential development within the Etiwanda Specific Plan. The proposed project will blend with current and proposed surrounding development. The project site is within the Etiwanda Avenue Overlay District. With the exception of single-family residences, all other proposed development within the overlay district is subject to the issuance of the CUP; In addition to applying for a CUP, it is the intent of the Etiwanda Avenue Overlay District to protect and enhance the visual and historical character and the quality of Etiwanda Avenue by requiring special setbacks, traditional architectural styles, and landscaping to be consistent with the streetscape theme for Etiwanda Avenue. The proposed project includes aesthetically pleasing elevations with large open space area and the replacement of declining trees with 1,202 new trees. c) The project will create new light and glare as the site is currently vacant. However, the site has been identified as a residential site so new light will not significantly affect sensitive receptors such as other residential development in the area. Issues and Supporting Information Sources: 14. CULTURAL RESOURCES. Would theproposah a) Disturb Paleontological resources? ( ) ( ) ( ) b) Disturb archaeological resources? ( ) ( ) ( ) c) Affect historical or cultural resources? ( ) ( ) ( ) (,/) Initial Study for · City of Rancho Cucamonga DRC 2001-00557 Page 23 Issues and Supporting Information Sources: Po~ u~,, ~ d) Have the potential to cause a physical change, ( ) ( ) ( ) (~') which would affect unique ethnic cultural values? e) Restrict existing religious or sacred uses within ( ) ( ) ( ) (.,') the potential impact area? Comments: a-e) The site has not been identified in the City's Master Environmental Assessment as containing historic or cultural resoumes. The site is located in a developing residential area and to date, no resources have been uncovered in the vicinity of the project site. Issues and Supporting Information Sources: I .~ 15.RECREATION. Would the proposal: a) Increase the demand for neighborhood or ( ) ( ) (,,') ( ) regional park~ or other recreational facilities? b) Affect existing recreational opportunities? ( ) ( ) ( ) (v) Comments: a) The proposed project will include recreational facilities onsite for the 368 dwelling units. Recreational facilities will include a Main Recreational Building, an Adult Recreation Center, and a Family Recreation Center. Additional amenities include: a tot lot for ages 2-5, a children's wading pool, a tot lot for ages 5-12, a pool and spa, half-court basketball, a grass volleyball court, horseshoe pit, and four barbecue/picnic facilities. Since the project provides several recreational amenities onsite, the impact to local parks or future recreational opportunities is less than significant. b) The proposed project will be constructed on land that contains three existing residential units, and is designated Medium Residential. Surrounding and adjacent land are also designated residential or commercial and are either currently developed, being developed or proposed for development. Initial Study for City of Rancho Cucamonga DRC 2001-00557. Page 24 Issues and Suppoding Information Sources: 16. MANDATORY FINDINGS OF SIGNIFICANCE. a) Potential to degrade: Does the project have the ( ) ( ) (,~) ( ) potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Short term: Does the project have the potential ( ) ( ) (,,') ( ) to achieve short-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief, definitive pedod of time. Long-term impacts will endure well into the future.) c) Cumulative: Does the project have impacts that ( ) ( ) (~') () are individually limited, but cumulatively considerable? ('Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects,' and the effects of probable future projects.) d) Substantial adverse: Does the project have ( ) (~') ( ) ( ) environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly?. Comments: a) The site and surrounding area is not within the Ontario Habitat Recovery Unit for the Delhi Sands Flower-Loving Fly (DSFLF) as identified within Figure 6 of the U.S. Fish & Wildlife Service Final Recovery Plan for the DSFLF dated September 14, 1997. The 26.7-acre site contains three residential units within the eastemmost area and a vineyard within the westernmost area. The site is mostly vegetated with non-native grasses, a vineyard, and windrows of eucalyptus trees. Past agricultural and residential development has eliminated native vegetation at this site. According to the Arbodst Report prepared for the project site on September 20, 2001, a total of 86 trees on site meet the Tree Ordinance's minimum size criteda for heritage trees. There are 72 eucalyptus of various specimens and types, ten Italian initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 25 cypress, one fan palm, one fruitless mulberry, and two California peppers. In general the eucalyptus are quite mature and are in declining condition and 13 specimens are dead. Many of the other specimens are under going structural decline. One eucalyptus tree is under attack from an insect that has caused it to defoliate and therefore decline. The eucalyptus trees vary in condition between extremely mature specimens and smaller specimens that have grown underneath the canopies of the larger trees. Trees in both categories are in decline. Based on the proposed site development that calls for mass grading operations and widening of the west side of Etiwanda Avenue frontage, all of the existing specimen trees on site are expected to be grossly impacted. Therefore 75 of the 86 trees on site must be removed to allow for the proposed grading to accommodate construction. As stated within the report, several of the species are candidates for relocation. Ornamental trees onsite,' including one fan palm and 10 Italian cypress are viable candidates for relocation and preservation onsite. However none of these 11 trees are individually mature or distinct in either from or 'character and it would not be considered a significant impact if the trees were removed. The developer has acquired the necessary Tree Removal Permit and has paid all associated fees. The impact is not considered significant as a majority of the trees ars in declining condition and the project design indicates they will.be replaced with 120, 36-inch box trees, 120, 24-inch box trees, and 962, 15-gallon trees for a total of 1,202 new trees onsite. b) The Initial Study identified short-term impacts to air quality and noise with development of the project site. The short-term impacts will occur due to proposed construction activities. However, the impacts will cease once construction activities are completed. Implementation of'mitigation measures presented in this Initial Study will reduce short-term impacts to less than significant. c) The proposed project is consistent with the City of Rancho Cucamonga General Plan that was recently adopted along with the certification of a Program EIR, Findings of Fact, and a Statement of Overriding Consideration for significant adverse environmental effects of buildout in the City and sphere of influence. The City made findings that adoption of the General Plan would result in significant adverse effects to air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however they would not reduce impacts to less than significant levels. As such, the City adopted statements of overriding consideration balancing the benefits of development under the General Plan update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and statements of overriding consideration, no further discussion or evaluation of cumulative impacts is required. c) Development of 368 apartments would not cause substantial adverse effects on humans, either directly or indirectly. The Initial Study identified construction-related emissions of criteria pollutants as having a potentially significant impact. However, proposed mitigation measures will reduce impacts to less than significant. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 26 Additionally, impacts resulting from air quality are short*term and will cease once construction activities are completed. A noise study was prepared for the project to identify traffic noise levels at the project site. The report indicated that the 1-15 Freeway would be the dominate noise impact for the area. The noise model in conjunction with the onsite noise measurements indicated that the building face for the first row of apartments along the freeway would be exposed to noise levels as high as 79.2 CNEL. and that the entire site experiences noise levels greater than 65 CNEL. The first row of apartments along Etiwanda Avenue would be exposed to a maximum traffic noise level of about 67.2 CNEL. The exterior living areas in the project must comply with the City's 65 CNEL. Mitigation measure contained in the report are preliminary and are contained in this Initial Study. A final repor~ shall be prepared to finalize findings and measures prior to the issuance of building permits. Additionally, the proiect must comply with the City of Rancho Cucamonga's indoor noise standard of 45 CNEL. As previously stated, the first row of buildings along the 1-15 will experience noise levels as high as 79.3 CNEL. This will require outdoor to indoor noise reductions of 34.2 dB to achieve the indoor noise standard. This is a substantial level of noise reduction to achieve. Windows facing the freeway should be small and will need to be upgraded with a high noise rating. The exact rating of window will depend on the size and other elements. A final noise analysis must be prepared to address the interior noise levels prior to the issuance of buildings permits. The second row of buildings along 1-15 will experience noise levels as high as 73 CNEL This will require outdoor to indoor noise reductions of 28 dB. High noise rating windows will be required for these units. The rating of window depends on size and other elements.'The first row of buildings will experience noise levels of about 67 CNEL. A noise reduction of 22 dB will meet the City's standards. Window and other buildings upgrades will not likely be required for these units. Initial Study for City of Rancho Cucamonga DRC 2001-00557 Page 27 EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): · Etiwanda Specific Plan EIR (Certified 1983) · Rancho Cucamonga General Plan (October 2001) · Rancho Cucamonga Development Code (adopted December 7, 1983, revised June 1999) · United States Fish & Wildlife, Final RecoverY Plan for the Delhi Sands Flower-loving Fly, Figure 6, September 14, 1997. APPLICANT CERTIFICATION I certify that I am the applicant for the project described in this Initial Study. I acknowledge that I have read this Initial Study and the proposed mitigation measures. Further, I have revised the project plans or proposals and/or hereby agree to the proposed mitigation measures to avoid the effects or mitigate the effects to a point where clearly no significant environmental effects Signature: (,.~-/ _ : Print Name and Title: / RESOLUTION NO. 02-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP SUBTT16257, A CONDOMINIUM SUBDIVISION OF ONE LOT, AND THE RELATED TREE REMOVAL PERMIT DRC2001-00567, FOR 340 APARTMENTS ON 24.2 ACRES OF LAND iN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 227-211-02, 04, 05, 09, 10, 15, 20, and 29. A. Recitals. 1. Forecast Corporation filed an application for the approval of Tentative Tract Map SUBTT16257 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract 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. All legal prerequisites prior to the adoption of this Resolution have occurred. B. . Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe 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 prOPerty located on the west side of Etiwanda Avenue, north of Foothill Boulevard, with a street frontage of approximately 1,700 feet on Etiwanda Avenue, and an approximate lot depth of 1,500 feet, and is presently vacant; and b. Eight existing single-family residences, not a part of the proposed project, are located on an inverted L-shaped property at the central portion of the site. The 1-15 Freeway borders the property on the north and west. The property to the south is vacant, but is planned for commercial development. To the east, across Etiwanda Avenue, the property has been approved for a 272 multi-family residential development; and c. The application contemplates a condominium subdivision of one lot for 340 apartments on 24.2 acres of land within the Medium Residential District, Etiwanda South Overlay District, and Etiwanda Avenue Overlay District of the Etiwanda Specific Plan; and PLANNING COMMISSION RESOLUTION NO. 02-17 SUB'l-r16257 - FORECAST CORPORATION January 23,2002 Page 2 d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. 3. Based upon the substantial evidence presented to this Commission during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows: a. The tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program affached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed as Conditions of Approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resources orthe hab'~at upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Deciaration, the staff reports and exhibits, and the information provided to the Planning PLANNING COMMISSION RESOLUTION NO. 02-17 SUBTI'16257 - FORECAST CORPORATION January 23, 2002 Page 3 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. 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 in the Standard Conditions, attached hereto and incorporated herein by this reference. Plannin.q Division: 1) Provide a greenway connection in accordance with Etiwanda Specific Plan Section 5.33.400. 2) Construct a 6-foot decorative wrought iron fence along project boundary adjoining the following parcels: APN: 227-211-22 and 23. 3)Walls shall comply with setback requirements of the Etiwanda Specific Plan. 4) Tree Removal Permit DRC2001-00567 is hereby approved subject to replacement planting as shown in the conceptual landscape plan. En(]ineerina Division: 1) Construct Etiwanda Avenue to "Secondary Arterial" and Etiwanda Specific Plan Standards, including cobble curb and gutter, sidewalk, drive approaches, street lights, street trees, a.c. pavement, traffic signs, and striping: a)Provide a sidewalk/walkway on the west side of Efiwanda Avenue from the north project boundary to Miller Avenue. b) Provide separate right -rum lanes at both project entrances. The right turn lane south of Garcia Drive can be combined with a school bus bay per City Standards. 2) Provide a focused Traffic Impact Analysis (TIA) for the intersection of Foothill Boulevard and Etiwanda Avenue. Mitigate traffic impacts to an acceptable level of service. 3) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to Final Map approval. The fee shall be one-half the City adopted unit amount times the length of the project frontage. 4) Install Etiwanda/San Sevaine Master Plan System 9 drainage facilities in Foothill Boulevard from Etiwanda Avenue to the existing terminus south of Tract 15711-1. Standard drainage fees for the site shall be credited to the cost of the facility and the developer shall be eligible for reimbursement of costs in excess of fees, for permanent master plan facilities, in accordance with City policy. This area is subject to the PLANNING COMMISSION RESOLUTION NO. 02-17 SUBTT16257- FORECAST.CORPORATION January 23, 2002 Page 4 modified fee adopted March 21, 2001. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. 5) Install local storm drain facilities as needed from the project site to Foothill Boulevard. Install manhole at public/private junction. 6) Sumps in the'private storm drain system shall be designed for Q100. Pond depth shall not exceed 12 inches. 7) Provide an ingress/egress access easement in favor of Assessor Parcel Nos. 227-211-17, 227-211-22, and 227-211-23. 8) Flow increases as a result of development shall be mitigated by enlarging Basin No. 6. 9) Tract 15711-1 has provided land for an area-wide detention basin. The owner of the land is eligible for reimbursement to recover proportionate cost of the land and ultimate basin related facilities(outlet, etc.). The fair share amount has been determined to be $5,000 per acre, which shall be paid prior to building permit issuance. 10) Caltrans has not allowed storm drain facilities within Foothill Boulevard. The required storm drain shall be constructed within the parkway or a City easement north of the Caltrans right-of-way. Off-site easements shall be obtained prior to Final Map approval. Environmental Miti,qation: Geologic 1) Site grading shall include removal and recompaction of surface soils. Relative compaction shall be as determined by the project engineer in a final geotechnical report. 2) Prior to issuance of grading permits for the project, a final grading plan shall be prepared in compliance with recommendations contained in the final geotechnical report. Water 1) The applicant shall submit a final drainage plan showing how stormwater will be conveyed across the site and directed into the City's storm drain system. 2) Prior to issuance of grading permits, the applicant shall identify BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. PLANNING COMMISSION RESOLUTION NO. 02-17 SUB'UF16257 - FORECAST CORPORATION January23,2002 Page 5 Air Quality 1) Painting activities shall be spaced out over a period of 80 days. 2) The site shall be treated with water or other soil-stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~o emissions, in accordance with SCAQMD Rule 403. 3) Etiwanda Avenue shall be swept according to a schedule established by the City to reduce PM~0 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction, 4) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~0 emissions from the site during such episodes. 5) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 6) The construction contractor shall select the construction equipment used on-site based on Iow-emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 7) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 8) The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. Transporlation 1) Maintain a high level of service along arterials by restricting paddng and controlling roadway access. 2) Construct all streets internal to'the project to full ultimate cross-sections as adjacent development occurs. 3) Construct all streets bordering the project to ultimate half-section widths in conjunction with development. 4) Landscape planting and signs shall be limited to 36 inches in height within 25 feet of project driveways to assure good visibility. 5) Install a STOP sign on site egress roadway to adjacent arterials. 05 PLANNING COMMISSION RESOLUTION NO. 02-17 SUB-C1'16257 - FORECAST CORPORATION January 23, 2002 Page 6 Noise 1) Seven-foot high 5/8-inch thick, solid Lexan (or equivalent abrasion resistant, non-yellowing transparent material) patio and balcony sound barrier panels should be installed at front yard patios and balconies within 350 feet of the freeway right-of-way that have a full or partial view of the 1-15 freeway and within 140 feet of the centerline of Etiwanda Avenue and that have a full or partial view of Etiwanda Avenue. Final size and composition of matedal to be used in the noise barriers shall be determined in a final acoustical analysis of the final site plans submitted to the City. 2) An appropriate ventilation or cooling system shall be included in the design to provide ventilation of the units without requiring that windows be opened. The type of ventilation system will be chosen in consultation with City staff prior to issuance of building permits. 3) First floor apartment windows in building walls that would have a full or partial view of either the 1-15 Freeway or Etiwanda Avenue will require the placement of acoustically rated windows. The exact rating shall be determined in a final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. 4) Buildings nearest the roadways that have a full or partial view of either the 1-15 Freeway or Etiwanda Avenue will require the placement of acoustically rated exterior doors. The final design and rating of the doors and related materials shall be determined in the final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. 6. 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 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: PLANNING COMMISSION RESOLUTION NO. 02-17 SUBTT16257 - FORECAST CORPORATION January23,2002 Page 7 AYES: COMMISSIONERS: MACIAS, MANNERINO, MCNIEL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUBTT16257 and Conditional Use Permit DRC2001-00557 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recorded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 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 MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to compliance procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each Citydepartment shall ensure compliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucamonga. 1. A fee covering all costs and expenses, including any consultants' fees, incurred by the City in performing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significant impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and ~eporting documentation will be kept in the project file with the department having the original authority for processing the project. Reports will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division) 10500 Civic Center Ddve Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TT SUB'1~'16257 & CUP DRC2001-00557 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is verified for compliance, no further action is required for the specific phase of development. 5. AIl MMP Reporting Forms for an impact issue requiring no further monitoring will be signed off as completed by the project planner or responsible Citydepartment at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City department and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible Citydepartment also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Devision shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporting the monitoring results to the City, Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented. The monitoring/reporting plan shall conform to the Cib/s MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC 2001-00557/SUBTT16257 Applicant: Forecast Corporation Initial Study Prepared by: _ Natalie P. Patty Date: December 18, 2001 Site grading shall include removal and racompacton of surfaco soils. CE B Review of Plans C Relative compaction shall be as determined by the project engineer in 2 a final geotechnical report. Prior to issuance of grading permits for the project, a final grading plan CP/CE B Review of Plans D 2 shall be prepared in complianco with recommendations contained in the final gectechnical report. The applicant shall submit a final drainage plan showing how CP/CE B Review of Plans D 2 stormwatar will be conveyed across the site and directed into Ihe Ci['/s storm drain s~tem. Prior to issuance of grading permits, the applicant shall identify BMPs CE B Review of Plans C 2 to be implemented during the period the site is under consl~ucton. BMPs shall be Identified on the grading plans for review and approval by the City Engineer. Painting activities shall be spacod out over a period of 80 days. CP C Review of Plans A 2 The site shall be treated with water or other soil stabilizing agent CP C Review of Plans A 2 (approved by SCAQMD and RWQCB) daily to reduco PM10 emissions, in accordanco ~ith SCAQMD Rule 403. Eflwanda Avenue shall be swept according to a schedule established CP C Review of Plans A 2 by the City to reduce PM 10 emissions associated with vehicle Imcking of soil off-site. Timing may vary depending upon time of year of construction. Grading operations shall be suspended when wind speeds excoed CP C Review of Plans A 2 25mph to minimize PM10 emissions from the site during such episodes. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall CP C Review of Plans A 2 be applied to all inactive construction areas that remain Inactive for 96 hours or more to reduco PM10 emissions. The conslructon contractor shall select the constructon equipment CP C Review of Plans A 2 used on-site based on Iow emission factom and high-energyeffidency. The construction contractor shall ensure the constmcton grading plans Include a statement that all construction equipment will be tuned and maintained in accordanco with the manufacturar's specltications. The construction contractorshall uttiize elecbic or(loan altsmative fuel CP C Review of Plans A powered equipment v. here feasible. 2 The consbuction contractor shall ensure that construction-grading CP B/C Review of Plans A/C 2 plans include a statement that work crews will shut offequipmentwhen not in use. Maintain a high level of service along arterials by restricting parking PO C Review of Plans A and controlling roadv~y access. 2 Construct all streets internal to the project to full ultimate cross- CE C Review of Plans A sections as adjacent development occurs. 2 Construct all streets bordering the project to ultimate half-section CE C Review of Plans A widths in conjun~on 'Nth development. 2 Landscape planting and signs should be limited to 36 inches in height CP D Review of Plans A within 25 feet of project driveways to assure good visibitity 3 Install a STOP sign on site egress roadoay to adjacent arterials. CP D Review of Plans A 3 Seven-feet high, 5/8-1nch thick, solid Lexan (or an equivalent abrasion CP D Review of Plans A 3 resistant, non-yellowing transparent material) patio and balconysound harder panels should be instatied at front yard patios and balconies within 350 feet of the freeway fight-of-way that have a full or partial view of the 1-15 freeway and within 140 feet of the conteriine of Etiwanda Avenue and that have a full or partial view of Efiwanda Avenue. Final size and composifion of material to be used in the noise barriers shall bo determined in a final acoustical analysis of the final site plans submitted to the City An appropriate ventilation or cooling system shall be thc~uded in the BO D Review of Plans A 3 design to provide ventilation for the units without requiring that windows be opened. The type of ventilation system will be chosen in consultation ~tth Citystalf prior to issuance of building permits. First floor apartmentwindows in building walls that would have a futi or BO O Review of Plans A 3 pa[fial view of either the I-15 freeway or Etiwenda Avenue will require the placement of acousticatiy rated windows. The exact reting shall be determined in a final acoustical analysis that shall be conducted prior to issuance of building pormita for the affected buildings. Buildings nearest the roadways that have a full or partial view of either BO D Review of Plans A 3 the 1-15 freeway or Egwanda Avenue will require the placement of acoustically rated exterior doors. The final design and rating of the doors and related mateflals shall be determined in the final acoustical analysis that shall be conducted prior to Issuanse ofbullding permits fur the affected buildings. ~ to Checklist Abbreviations CDD - Community Development Director or designee A - With Each New Development A - On-site inspection I - Withhold Recordation of Final Map CP - Ci~ designee B - Prior To Construction B - Other Agency Permit ! Approval 2 - Withhold Grading or Building Permit CE - City Engineer or designee C - Throughout Construction C - Plan Check 3 - Withhold Certificate of Occupancy BO - Building Offidal or designee D - On Completion D - Separate Submittal (Reports / Studies / Plans) 4 - Stop Work Order PO- Police Captain or designee E - Operating FC - Fire Chief or designee 5 - Retain Deposit or Bonds 6 - Revoke CUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUB'I-r16257 SUBJECT: Etiwanda Apartments APPLICANT: Forecast Corporation LOCATION: West Side of Etiwanda, North of Foothill Boulevard 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 attomey'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 Tract No. 16257 is granted subject to the approval of Conditional Use Permit DRC2001-00557. 3. ^ copy of the sJgned Resolution of Approval or City Planner's letter 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 pamel 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 plans which include / site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and the Development Code regulations and the Etiwanda Specific Plan. sc.,,-o, , Project No. SUB'I-r16257, ComDletion Date 2. 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. 3. 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. 4. 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. 5. 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. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of .Incorporation of the / Homeowners' Association are subject to the approval of the Planningand Engineering Divisions and the City Attomey. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 7. 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 prior to the issuance of building permits. 8. 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. D. Landscaping 1. 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. Ail landscaped areas shall be kept flee 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. 2. 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. 3. Special landscape features such as mounding, alluvial ~'ock, specimen size trees, meandering / sidewalks (with horizontal change), and intensified landscaping, is required along Etiwanda Avenue E. Environmental 1. Mitigation measures ara 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 $719 prior to the issuance of building permits, guaranteeing satisfactory performance 2 Project No. SUBTr16257 Completion Date 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: F. 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. G. 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., CUP 98-01). 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 Ordinanca 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. Street addresses shall be provided by the Building Official, after tract/parcel map recordation and prior to issuance of building permits. 4. 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. Project No. SUBTT16257 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public __/ counter). 6.Submit pool plans to the County of San Bemardino's Environmental Health Services Department for approval. H. New Structures 1. Provide compliance with the California Building Code for the property line clearances considering __/____ use, area, and fire-resistiveness. 2. Provide compliance with the Califomia Building Code for required occupancy separation(s). __/____ 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. / / 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table ! / 5-A. 5. Provide draft stops in attics in line with common walls. / / 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. ! / 7. If the area of habitable space above the first floor exceeds 3,000 square feet, then the / / construction type shall be V-1 Hour. 8. Walls and floors separating dwelling units in the same building shall be not less than 1-hour / / tiro-resistive construction. I, Grading 1. Grading of the subject property shall be in accordance with the California 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.A geological repot1 shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. 4. The final grading plans shall be completed and approved prior to issuance of building permits. §. 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: J. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from street centerline): 50 total feet on Eitwanda Avenue SC-11-01 4 c~/~:? Project No, SUBTT16257 Coml)lefion Date 2. Vehicular access rights shall be dedicated to the City for the following streets,, except for approved openings: Etiwanda Avenue 3. 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. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 5. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the final map. 6. 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. 7. 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: Foothill Boulevard Storm Drain. K. 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 censtmcted 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: / S,r.,.ame Ce, . I J S,,.- I D,.e I I Street ICom,. I I e,ko I O,,e J IGutterl Pvmt J walk IAppr'JLightsITreesl Trail I Island ITra'll rI EtiwandaAvenue / (f) / X / X / X J X J X J / i / / / / I I I I f Notes: (a) Median island includes landscaping and irrigefion on meter. (b) Pavement reconstruction and ovedays 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 canstmction fee shell be provided for this item (e) Traffic Si0nals, (f) Cobble Curb 3. Improvement Plans and Construction: a. Street improvement plans, including street treee, street lights, and intersection safety lighte 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 agraement 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 fha issuanca of building permits, whichever occurs first. Project No. SUBTT16257 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 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 residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. / 4. A permit shall be obtained from Caltrens for any work within the following right-of-way: 1-15 / Freeway L. Public Maintenance Areas 1. 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. 2.All required public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City. M. 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. N, 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. Project No. SUB'I-F16257 Coml)letJon Date 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 Bernardino. 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. O, General Requirements and Approvals 1. Etiwanda/San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage / Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. Permits shall be obtained from the following agencies for work within their right-of-way: Cai / Trans. -- -- 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. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-114)1 7 PROTECTION I STRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0532 PROJECT #: SUBTT16257/DRC2001-00557 PROJECT NAME: Forecast Group DATE: December 18, 2001 PLAN TYPE: CUP for 386 Unit Apartments APPLICANT NAME: Michele Schiro OCCUPANCY TYPE: Group R, Division 3 w/Group A, Division 3 Uses FLOOR AREA (S): 16 or more dwelling units LOCATION: N/O of Foothill W/O Etiwanda FD REVIEW BY Steve Locati, Fire Protection Planning Specialist PLANNER: Kirt CouP/ ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: The following conditions of approval represent the minimum standard for approval of the project as submitted. These conditions are based on the plans submitted and may not include all Fire District requirements for the proposed project. Changes in the project may result in additional or changed Fire Distdct requirements. Please make the necessary changes or corrections prior to resubmitting for review. Prior to approval by the Planning Division compliance with all conditions and/or corrections must be completed. All Fire District conditions and comments must be addressed for construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Community Facilities Districts 1. This project is subject to the requirements of the Mello-Roos Community Facilities District. 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. 3. Fire flow requirements for this project shall be 2500 gallons per minute at a minimum residual pressure of 20 pounds per square inch in accordance with Fire Code Appendix Ill-A, as amended. The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix Ill-B, as amended. 4. When any portion of~cility or building is located in excess of Ofeet from a fire hydrant located on a public street on-site fire hydrants and mains capable of supplying ~e required fire flow shall be provided. The distance is measured as vehicular path of travel on access roadways, not line of sight. 5. All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Water District personnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit test report to the Fire Safety Division. 6. All private on-site fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Fire Construction Services representative shall inspect the installation and witness hydrant flushing. The builder/developer shall submit final test report to the Fire Safety Division. 7. For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate. The builder/developer shall submit the final test report to the Fire Safety Division. 8. Existing fire hydrants and mains within 600 feet of the project shall be shown on the water plan submitted for review and approval. Include main size. 9. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground. 10. Required Note: 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, which shall be submitted to the Fire District for acceptance. 11. 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. 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 signed 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. O. Automatic Fire Sprinkler Systems 1. RCFPD Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed throughout the building(s). 2. All cemmemial structures greater than 7,500 square feet, all Group A or E Occupancies with an occupant load of 50 or more persons, all multi-family residential structures, and all structures which do not meet Fire District access requirements (Section E. Fire Access), shall be protected by an approved automatic fire sprinkler system. 3. Required Note: Prior to the recordation of ANY map, a note shall be placed on the map stating that all commercial structures great than 7,500 square feet, all Group A or E Occupancies with an occupant load of 50 or more persons, all multi-family residential structures, and all structures which do not meet Fire District ' access requirements (Section E. Fire Access), shall be protected by an automatic fire sprinkler system meeting the approval of the Fire District. 4. Prior to the issuanc~!~lla building permit, the applicant shall sut~plans for any automatic fire sprinkler system Fire Construction Services for review arid approval. No work is allowed without a Fire Construction Services permit. 5. Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services. 6. The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system. Monitoring is required with 20 sprinklers in Group I Occupancies, or 100 or moro sprinklers in all other Occupancies. E. Fire Access 1. 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 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 shall include public roads, streets, highways, as well as private roads, streets and designated fire lanes. 3. Residential: Prior to recordation of a subdivision/tractJparcel map, the applicant shall obtain approval of the Fire District for all Fire District access roadways and fire lanes. All roadways or fire lanes shall comply with RCFPD Ordinance FD32 and other applicable standards. 4. Residential & Commercial: Pdor to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all reads, streets and courts, public or private, from the Fire Distdct 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 turnarounds shall be dearly marked when a dead-end skeet 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. 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. Ail portions of the facility or any portion of the exterior wall of the first story shall be located within 150 feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Approved access walkways shall be provided from the fire apparatus access road to exterior building openings. 7. A Knox rapid entry key vault shall be installed prior to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 8. Pdor to the issuance of any grading permits, the applicant shall submit and obtain the Fire Disthct's approval of the censfl'uction of any gate across required Fire Dislrict access roadways/driveways. 9. Gated or restricted access requires the installation of a Knox rapid entry system. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. The gate shall remain in the open position until reset by Fire District key switch. Gates shall open by means of an approved Traffic Pre-emption Device. Contact the Fire Safety Division for specific details and ordering information. 10. The installation of gates and restricted access to residential developments may necessitate installation of approved automatic fire sprinkler systems. This condition applies when the Fire District determines that gates, other means of restricting access or delaying response exists. 11. Trees and shrubs planted in any median shall be kept trimmed to a minimum of 14 feet, 6 inches fi.om 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. 13. A note shall be placed on all plans which cleady indicates the following: 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. Dead-end Fire Distric~lcess roadways in excess of 150-feet shal~ provided with approved provisions for the taming around of fire apparatus. This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District. 15. Prior 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. 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. 16. Pdor to the issuance of any Cedificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents shall contain a fire lane map and provisions that prohibit parking in the fire lanes. The method of enforcement shall be documented. The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all required fire lanes. 17. New buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during 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. 18. 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 ConstnJction 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. Pdor to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first 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 the Fire Safety Site/Architectural Notes to be placed on the plans pdor to submittal. H, Fire Alarm System 1. An automatic fire alarm (and detection) system is required by RCFPD Ordinance 15, based on use or fleer area, or by another adopted code or standard. 2. Prior to issuance of a building permit, plans for the fire alarm system shall be submitted to Fire Construction Services for review and approval. No work is allowed without a Fire District permit. 3. Pdor to any remodel, modification, additions, or exchange of devices, Fire District approval and a permit are required. Plans and specifications shall be submitted to Fire Construction Services. 4. Pdor to the issuance of a Certificate of Occupancy, the fire alarm (and detection) system(s) shall be tested and accepted by Fire Construction Sen/ices. I. Fire District Fees Due 1. Fire Dis~ct fee(s), plus a $1.00 microfilm fee per "plan page" will be due to the Rancho Cucamonga Fire District as follows: * $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $132 Conditional Use Permit Fee (CUP) $132 for Water Plan Review for Public Fire Protection $132 for Priva~re Mains or Fire Sprinkler Underground )Supply $677 (per new building) for Multi-family Residential Development *Note: Separate plan check fees for tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews will be assessed upon separate submittals of plans. J. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon intended use: 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, which 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. Compressed gases (storege, handling, or use exceeding 100 cubic feet. e. Operate dust-producing processes and operations. f. Flammable and combustible liquid (storage, handling, and/or use). g. Liquefied petroleum gas (storage, handling, use or trensport, exceeding 120 gallons). h. Hot work operations (welding and cutting operations in any occupancy). K. Hazardous Materials - Compliance with Disclosure and Reporting Regulations 1. The below listed businesses, operations, uses or conditions require that the San Bemardino County Fire Department review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bernardino County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. They are the CUPA for the City of Rancho Cucamonga. 2. Any business that uses, generates, processes, produces, treats, stores, emits, or discharges a hazardous material in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time in the course of a year. 3. All hazardous waste generators, regardless of quantity generated. 4. Any business that handles, stores, or uses Category (I) or (11) pesticides, as defined by FIFRA, regardless of amount. 5. Any business that handles DOT Hazard Class I (explosives, found in 49 CFR) regardless of amount. 6. Any business that handles extremely hazardous substances (EHS's) in quantities exceeding the threshold planning quantity (T.P.Q.). Extremely Hazardous Substances are designated pursuant to the Emergency Planning and Community Right to Know Act Section 302, and are listed in 40 CFR Part 355. 7. Any business subject to the Emergency Planning and Community Right to Know Act (EPCRA), also known as SARA Title II1. Generally, EPCRA includes facilities that handle hazardous substances above 10,000 pounds, or extremely hazardous substances above threshold planning quantities. There are some exceptions, including retail gas stations with up to 75,000 gallons of gasoline or 100,000 gallons of diesel fuel in Underground Storage Tanks (UST's) that meet the 1998 upgrade requirements. To get more information on EPCRA requirements call 1-800-535-0202. Due to State disclosure consolidation laws, Tier il forms need not be submitted to the various State and Federal agencies. Submission of your Business Emergency/ Contingency Plan will meet this requirement; however, EPCRA does require full annual inventory submission rather than a certification statement each March 1. Also, EPCRA facilities are bound by the trade secret limitations of EPCRA, and must sign every page of inventory. 8. Any business that radioactive material that is listed in ~ix B of Chapter 1, of 10 CFR. 9. If the facility is a NEVV business, a Certificate of Occupancy issued by Building and Safety will not be finalized until the San Bemardino County Fire Department reviews your Business Emergency/Contingency Plan. California Government Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure requirements. A Risk Management Program (RMP) may also be required if regulated substances are to be used or stored at the new facility. Contact County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. 10. Any business that operates on rented or leased property, and is required to submit a Plan, is required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates, and has complied with the prevision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner. 11. The Fire Code adopted by the Fire District has a provision requiring collection of information regarding hazardous materials at facilities for purposes of Fire Code implementation and emergency response. Prior to issuance of a Certificate of Occupancy a copy of the Business Emergency/Contingency Plan - New Business (Hazardous Materials Release Response Plans and Inventory) shall be submitted to the Fire District after it is approved by the San Bernardino County Fire Department. In some cases additional information that is not in the Business Emergency/Contingency Plan may be required in order to support local fire prevention and emergency response programs. L. 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: Separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. Fire Distdct Conditions of Approval- Template SL 7/24/01 Revision RESOLUTION NO. 02-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT DRC2001-00557, THE DEVELOPMENT OF 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 227-211-02, 04, 05, 09, 10, 15, 20, AND 29. A. Recitals. 1. Forecast Corporation filed an application for the approval of Conditional Use Permit DRC2001-00557 as described in the title of this Resolution. Hereinafter in this Resolution, the subject conditional use permit 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 headng 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 wriffen and oral staff reports, together with .public testimony, this commission hereby specifically finds as follows: a. The application applies to property located on the west side of Etiwanda Avenue, north of Foothill Boulevard, with a street frontage of approximately 1,700 feet on Etiwanda Avenue, and an approximate lot depth of 1,500 feet, and is presently vacant; and b. Eight existing single-family residences, not a part of the proposed project, are located on an inverted L-shaped property at the central portion of the site. The 1-15 Freeway borders the property on the north and west. The properly to the south is vacant, but is planned for commercial development. To the east, across Etiwanda Avenue, the property has been approved for a 272 multi-family residential development; and c. The application contemplates the development of 340 apartments on 24.2 acres of land within the Medium Residential District, Etiwanda South Oveday District, and Etiwanda Avenue Overlay District of the Etiwanda Specific Plan; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557 - FORECAST CORPORATION 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. The conditional use permit is consistent with the General Plan, Development Code and any applicable specific plans; and b. The design or improvements of the project is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The development of the proposed project will not cause a significant traffic impact on the surrounding area; and e. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and f. The design of the project will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the applicetion, the Planning Commission finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder;, that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the Planning Commission; and, further, this Commission has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project, which are listed as Conditions of Approval. c. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the Planning Commission finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration 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 Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the Planning Commission during the public hearing, the Planning Commission hereby rebuts the prasurnption of adverse effect as set forth in Section 753.5(c-l-d) of Title 14 of the California Code of Regulations. PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557- FORECAST CORPORATION January 23, 2002 Page 3 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. PlanninR Division: 1) Provide a greenway connection in accordance with Etiwanda Specific Plan Section 5.33.400. 2) Construct a decorative wrought iron fence or wall along the interior project boundary, subject to City Planner review and approval. 3) Wails shall comply with setback requirements of the Etiwanda Specific Plan. 4) Tree Removal Permit DRC2001-00567 is hereby approved subject to replacement planting as shown in the conceptual landscape plan. 5) The roll-up garage door designs shall be subject to City Planner review and approval. 6) Architectural enhancements through the use of native river rock shall be provided to the buildings fronting Etiwanda Avenue, subject to City Planner review approval. 7) Additional landscaping and trees shall be provided at the interior project perimeter adjacent to the existing single-family residences at the portion of the site, to reduce the visual impact of the proposed buildings on the surrounding neighbors, to the satisfaction of the City Planner. 8) The decorative perimeter fence along Etiwanda Avenue shall incorporate large native stone pilasters in its design. The stone pilasters shall be developed at a minimum of 30 inches squared and subject to City Planner approval. 9) All applicable' Conditions of Approval for Tentative Tract Map SUBTT16257 shall apply. 10) Lighting shall be required to provide a minimum 1-foot candlepower. Freestanding light standards shall not exceed 15 feet in height. Security lighting f~dures shall not project above the fascia or roofline of the building. All lighting shall be shielded to confine light spread within the site boundaries. 11) The final sidewalk locations and trash enclosure location immediately adjacent to the existing single-family homes along Chervil Street shall be subject to City Planner review and approval. 12) The applicant shall provide underground utility connections to the lots surrounded by the proposed project subject to City Planner review and approval. PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557- FORECAST CORPORATION January23,2002 Page 4 En.qineerin.q Division: 1) Construct Etiwanda Avenue to "Secondary Arterial" and Etiwanda Specific Plan Standards, including cobble curb and gutter, sidewalk, drive approaches, street lights, street trees, a.c. pavement, traffic signs, and striping: a) Provide a sidewalk/walkway on the west side of Etiwanda Avenue from the north project boundary to Miller Avenue. b) Provide separate fight turn lanes at both project entrances. The fight turn lane south of Garcia Drive can be combined with a school bus bay per City Standards. 2) Provide a focused Traffic Impact Analysis (TIA) for the intersection of Foothill Boulevard and Etiwanda Avenue. Mitigate traffic impacts to an acceptable level of service. 3) An in-lieu fee as contribution to the future undergrounding of the existing overhead utilities (telecommunications and electrical) on the opposite side of Etiwanda Avenue shall be paid to the City prior to Final Map approval. The fee shall be one-half the City adopted unit amount. times the length of the project frontage. 4) Install EtiwandaJSan Sevaine Master Plan System 9 drainage facilities in Foothill Boulevard from Etiwanda Avenue to the existing terminus south of Tract 15711-1. Standard drainage fees for the site shall be credited to the cost of the facility and the developer shall be eligible for reimbursement of costs in excess of fees, for permanent master plan facilities, in accordance with City policy. This area is subject to the modified fee adopted March 21, 2001. If the developer fails to submit for said reimbursement agreement within 6 months of the public improvements being accepted by the City, all fights of the developer to reimbursement shall terminate. 5) Install local storm drain facilities as needed from the project site to Foothill Boulevard. Install manhole at public/private junction. 6) Sumps in the private storm drain system shall be designed for QIO0. Pond depth shall not exceed 12 inches. 7) Provide an ingress/egress access easement in favor of Assessor Parcel Nos. 227-211-22 and 227-211-23. 8) Flow increases as a result of development shall be mitigated by enlarging Basin No. 6. 9) Tract 15711-1 has provided land for an area-wide detention basin. The owner of the land is eligible for reimbursement to recover proportionate cost of the land and ultimate basin related facilities (outlet, etc.). The PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557 - FORECAST CORPORATION January 23~ 2002 Page 5 fair share amount has been determined to be $5,000 per acre, which shall be paid prior to building permit issuance. 10) Caltrans has not allowed storm drain facilities within Foothill Boulevard. The raquirad storm drain shall be constructed within the parkway or a City easement north of the Caltrans right-of-way. Off-site easements . shall be obtained prior to Final Map approval. Environmental Miti,qation: Geologic 1) Site grading shall include removal and recompaction of surface soils. Relative compaction shall be as determined by the project engineer in a final geotechnical report. 2) Prior to issuance of grading permits for the project, a final grading plan shall be prepared in compliance with recommendations contained in the final geotechnical report. Water 1) The applicant shall submit a final drainage plan showing how storm water will be conveyed across the site and directed into the Ciys storm drain system. 2) Prior to issuance of grading permits, the applicant shall identify BMPs to be implemented during the period the site is under construction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. Air Qualify 1) Painting activities shall be spaced out over a period of 80 days. 2) The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMto emissions, in accordance with SCAQMD Rule 403. 3) Efiwanda Avenue shall be swept according to a schedule established by the City to reduce PM~0 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time .of year of construction. 4)Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site during such episodes. 5) Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMso emissions. PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557- FORECAST CORPORATION Janua~ 23,2002 Page 6 6) The construction contractor shall select the construction equipment used on-site based on Iow-emission factors and high-energy efficiency. The construction contractor shall ensure the construction grading plans include a statement that all construction equipment will be tuned and maintained in accordance with the manufacturer's specifications. 7)The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 8) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. Transportation 1) Maintain a high level of service along aderials by restricting parking and controlling roadway access. 2) Construct all streets internal to the project to full ultimate ~oss-sections as adjacent development occurs. 3) Construct all streets bordering the project to ultimate half-section widths in conjunction with development. 4)Landscape planting and signs shall be limited to 36 inches in height within 25 feet of project driveways to assure good visibility. 5) Install a STOP sign on site egress roadway to adjacent arterials. Noise 1) Seven-foot high 5/8-inch thick, solid Lexan (or equivalent abrasion resistant, non-yellowing transparent material) patio and balcony sound barrier panels should be installed at front yard patios and balconies within 350 feet of the freeway right-of-way that have a full or partial view of the 1-15 freeway and within 140 feet of the centedine of Etiwanda Avenue and that have a full or partial view of Etiwanda Avenue. Final size and composition of material to be used in the noise barriers shall be determined in a final acoustical analysis of the final site plans submitted to the City. 2) An appropriate ventilation Or cooling system shall be included in the design to provide ventilation of the units without requiring that windows be opened. The type of ventilation system will be chosen in consultation with City staff prior to issuance of building permits. 3) First floor apartment windows in buildings walls that would have a full or partial view of either the 1-15 Freeway or Etiwanda Avenue will require the placement of acoustically rated windows. The exact rating shall be determined in a final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. PLANNING COMMISSION RESOLUTION NO. 02-18 CUP DRC2001-00557 - FORECAST CORPORATION January 23, 2002 .. Page 7 4) Buildings nearest the m~dways that ha~,e a full or partial view of either the 1-15 Freeway dr Etiwanda Avenue, Will require the placement of acoustically rated exterior doore. The final design and rating of the · doore and related materials shall be determined in the final acoustical analysis that shall be conducted prior to issuance of building permits for .the affected buildings. 6. 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 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 bythe · 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, STEVVART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLSTOY City of Rancho Cucamonga MITIGATION MONITORING PROGRAM Project File No.: Tentative Tract Map SUB'I-1'16257 and Conditional Use Permit DRC2001-00557 This Mitigation Monitoring Program (MMP) has been prepared for use in implementing the mitigation measures identified in the Mitigated Negative Declaration for the above-listed project. This program has been prepared in compliance with State law to ensure that adopted mitigation measures are implemented (Section 21081.6 of the Public Resources Code). Program Components - This MMP contains the following elements: 1. Conditions of approval that act as impact mitigation measures are recerded with the action and the procedure necessary to ensure compliance. The mitigation measure conditions of approval are contained in the adopted Resolution of Approval for the project. 2. A procedure of compliance and verificetion 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 MMP has been designed to provide focused, yet flexible guidelines. As monitoring progresses, changes to complianco procedures may be necessary based upon recommendations by those responsible for the program. Program Management - The MMP will be in place through all phases of the project. The project planner, assigned by the City Planner, shall coordinate enforcement of the MMP. The project planner oversees the MMP and reviews the Reporting Forms to ensure they are filled out correctly and proper action is taken on each mitigation. Each Citydepartment shall ensure cempliance of the conditions (mitigation) that relate to that department. Procedures - The following steps will be followed by the City of Rancho Cucemonga. 1. A fee covedng all cests and expenses, including any consultants' fees, incurred by the City in perfom3ing monitoring or reporting programs shall be charged to the applicant. 2. A MMP Reporting Form will be prepared for each potentially significent impact and its corresponding mitigation measure identified in the Mitigation Monitoring Checklist, attached hereto. This procedure designates who will take action, what action will be taken and when, and to whom and when compliance will be reported. All monitoring and reporting documentation will be kept in the project file with the department having the original authority for processing the project. Repor/s will be available from the City upon request at the following address: City of Rancho Cucamonga - Lead Agency Planning Division) 10500 Civic Center Drive Rancho Cucamonga, CA 91730 Mitigation Monitoring Program TT SUBTr16257 & CUP DRC2001-00557 Page 2 3. Appropriate specialists will be retained if technical expertise beyond the City staff's is needed, as determined by the project planner or responsible City department, to monitor specific mitigation activities and provide appropriate written approvals to the project planner. 4. The project planner or responsible City department will approve, by signature and date, the completion of each action item that was identified on the MMP Reporting Form. After each measure is vedfied for compliance, no further action is required for the specific phase of development. 5. All MMP Reporting Forms for an impact issue requiring no further monitoring will be s~gned off as completed by the project planner or responsible Citydepartment at the bottom of the MMP Reporting Form. 6. Unanticipated circumstances may arise requiring the refinement or addition of mitigation measures. The project planner is responsible for approving any such refinements or additions. An MMP Reporting Form will be completed by the project planner or responsible City depadment and a copy provided to the appropriate design, construction, or operational personnel. 7. The project planner or responsible City department has the authority to stop the work of construction contractors if compliance with any aspects of the MMP is not occurring after written notification has been issued. The project planner or responsible Citydepartment also has the authority to hold certificates of occupancies if compliance with a mitigation measure attached hereto is not occurring. The project planner or responsible City department has the authority to hold issuance of a business license until all mitigation measures are implemented. 8. Any conditions (mitigation) that require monitoring after project completion shall be the responsibility of the City of Rancho Cucamonga Planning Division. The Devision shall require the applicant to post any necessary funds (or other forms of guarantee) with the City. These funds shall be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measure for the required period of time. 9. In those instances requiring long-term project monitoring, the applicant shall provide the City with a plan for monitoring the mitigation activities at the project site and reporfing the monitoring results to the City. Said plan shall identify the reporter as an individual qualified to know whether the particular mitigation measure'has been implemented. The monitoring/reporting plan shall conform to the City's MMP and shall be approved by the Community Development Director or City Planner prior to the issuance of building permits. MITIGATION MONITORING CHECKLIST (INITIAL STUDY PART III) Project File No.: DRC 2001-00557/SUBTT16257 Applicant: Forecast Corporation Initial Study Prepared by: Natalie P. Patty Date: December 18, 2001 Site grading shall inctude removal and re~,~pacfion of surfaco soils. CE B Review of Plans C Relative compaction shall be as determined by the project engineer in 2 a final geotechnical report. Pr[or to issuance of grading permits for the project, a final grading plan CP/CE B Review of Plans D 2 shall be prepared in compliance with recommendations contained in the final geotechnical report, The applicant shall submit a final drainage plan showing how CP/CE B Review of Plans D storrm~ter will be conveyed across the site and direc~:l into the Clfy's 2 storm drain s~tem. Prior to issuance of grading permits, the appticant shall identify BMPs CE B Review of Plans C 2 to be implemented during the period He site Is under consthJction. BMPs shall be identified on the grading plans for review and approval by the City Engineer. Painting activities shall be spaced out over a period of S0 days. CP C Review of Plans A 2 The site shall be treated with water or other soil stabilizing agent CP C Review of Plans A 2 (approved by SCAQMD and RWQCB) daily to reduce PM10 emissions, in accordance 'Nth SCAC~MD Rule 403. Etiwanda Avenue shall be swept according to a schedule established CP C Review of Plans A bythe City to raduco PM10 emissions aseociated with vehicle becking of soil off-site. Timing may vary depending upon time of year of constn~ction. Grading operations shati be suspended when wind speeds exceed CP C Review of Plans A 2 25mph to minimize PM10 emissions from the site during such episodes. Chemical soil stabiliz~ra (approved by SCAQMD and RWQCB) shall CP C Review of Plans A 2 be applied to all inactive construction areas that remain inactive far 96 hours or more to reduce PM10 emissions. The construction contractor shall select the construction equipment CP used on-site based on Iow emission factors and high-energy effidency. C Review of Plans A 2 The constroction contractor shall ensure the constmcfion grading plans include a statement that all construction equipmant will be toned and maintained in accordanco with the manufacturar's speclficefions. The c°nstruction contractor shall utilize etacthc or dean altamative toel CP C Review of Plans A powered equipment where feasible. 2 The construction contractor shall ensure that construction-grading CP B/C Review of Plans A/C 2 plans include a statement that work crews will shut offequipment when not in use. Maintain a high level of service along arterials by iesi~k;[ing p&i~.i,~y PO C Review of Plans A and controlling roadway access. 2 Construct all streets internal to the project to full ultimate cross- CE C Review of Plans A sections as adjacent development occurs. 2 Construct all streets bordering the project to ultimats half-section CE C Review of Plans widths in conjunction v, ith development. A 2 Landscape planting and signs should be limited to 36 inches in height CP D Review of Plans A within 25 feet of project ddvev~ys to assure good visibility 3 Install a STOP sign on site egress road,~ay to adjacent arterials. CP D Review of Plans A 3 Seven-foot high, 5/8-inch thick, solid Lexan (or an equivalent abrasion CP D Review of Plans A resistant, non-yellowing transparent matsdal) patio and balcony sound 3 barrier panels should be installed at front yard patios and balconies within 350 feet of the freeway right-of-way that have a full or padial view of the 1-15 freeway and within 140 feet of the centeriine of Eflwanda Avenue and that have a fell or partial view of Etiwanda Avenue. Final size and composition of matedal to be used in the noise bardem shall be determined in a final acoustical analysis of the final site plans submittsd to the City An appmpdata ventilation or cooling system shall be thduded in the BO D Review of Plans A 3 design to provide ventilation for the units without requiring that windows be opened. The type of ventilation system will be chosen in consultation with City staff prior to issuance of building permits. First floor apartmentwindows in building walls that would have a full = BO D Review of Plans A 3 partial view of etther the I-15 freeway or Etiwanda Avenue will require the placement of acoustically mtsd windows. The exact rating shall be detarmthed in a final acoustical analysis that shall be conducted prior to issuance of building permits for the affected buildings. Buildingsnearesttheroadwaysthathaveafu orpa~alviewofeither 80 D ReviewofPlans A 3 the 1-15 freeway or Efiwanda Avenue will require the placement of acoustically rated exterior doom. The final design and rating of the doors and related materials shall be determined in the final acoustical analysis that shall be conducted prior to issuance ofbuilding permits for the affected buildings. % Ke, Checklist Abbreviations ODD - ~mmuni~ ~velopment Director or desigfl~ A - ~ Ea~ New ~velopment A - ~-site Inspe~ I - Wilhold Re~rdaUon of Final Map CP - Ci~ Planner or designee B - PHor To ~.~en B - ~er ~en~ Pe~it / ~pmval 2 - Withhold Grading or Building Pe~it CE -Ci~ Engineer or designee C - ~ghout ~ns~on C - Plan Che~ 3 - Wilhold Ce~i~te of ~pancy BO - Building ~dal or d~ignee D - ~ ~mplefion D - Sepam~ Submi~l (Repo~ / S~di~ / Plans) 4 - Stop Wo~ ~er PO- Poli~ Ca~ee E - ~mfing FC - Rre Chief ~ 5 - Re~in De.sit or Bonds ~ ~ ~ ~6-Rev°keCUP COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: Conditional Use Permit DRC2001-00557 SUBJECT: Etiwanda Apartments APPLICANT: Forecast Corporation LOCATION: West Side of Etiwanda Avenue, North of Foothill Boulevard 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 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. A copy of the signed Resolution of Approval or City Planner's letter 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. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans, which / include sJte plans, architecturaJ elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Etiwanda Specific Plan. Project No. DRC2001-00557 Com~)letion Date 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 District 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 prior to the issuance of building permits. 5. 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. 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. 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) prior 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. Trash receptacle(s) are 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. 9. 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. 10. 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. 11. Ail building numbers and individual units shall be identified in a clear and concise manner / including proper illumination. 12. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the / Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 13. 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 prior to the issuance of building permits. 14. 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. Project No. DRC2001-O0557 Completion Date 15. Six-foot decorative block walls shall be constructed along the project perimeter. Ifa double wall / condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/fences along the project's perimeter. 16. Wood fencing shall be treated with stain, paint, or water sealant. / 17. For multiple family development, laundry facilities shall be provided as required by the Development Code. 18. For multiple family development, a minimum of 125 cubic feet of exterior Iockable storage space / shall be provided. 19. For residential development, recreation area/facility shall be provided as required by the / Development Code. 20. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured / products. D. Building Design 1. AJl 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. 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. 5. Ail units shall be provided with garage door openers if driveways are less than 18 feet in depth from back of sidewalk. 6. The Covenants, Conditions and Restrictions shall restrict the storage of recreational vehicles on this site unless they ara the principal source of transportation for the owner and prohibit parking on interior circulation aisles other than in designated visitor parking areas. 7. 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. Project No. DRC2001-00557 Completion Date 8. Bicycle storage spaces shall be provided in all commemial, 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. F. 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 45 trees per gross acre, comprised of the following sizes, shall be provided within __/ / the project: 0% - 48-inch box or larger 10% - 36-inch box or larger, 10% - 24- inch box or larger, 80% - 15-gallon, and 0% - 5 gallon. 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three parking __/ / stalls, sufficient to shade 50% of the parking area at solar noon on August 21. 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. 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. 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 Etiwanda Avenue Project No, DRC2001-00557 Comr)lefion Date 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. 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 or pay an in-lieu of construction cash deposit. 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. 14. New windrow planting of Eucalyptus Maculata (Spotted Gum) is required at a ratio of 50 linear / feet per acre. The size, spacing, staking, and irrigation of these trees shall comply with the City's Tree Preservation Ordinance (RCMC 19.08.100). G. Signs 1. The signs indicated on the submitted plans are conceptual only and not a part of this approval. __ __/ Any signs proposed for this development shall comply with the Sign Ordinance and shall require separate application and approval by the Planning Division prior to installation of any signs. 2. Directory monument sign(s) shall be provided for apartment, condominium, or town homes prior / to occupancy and shall require separate application and approval by the Planning Division pdor to issuance of building permits. H. 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 cast 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 $719 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. I, Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location / / of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. SC-11-01 5 (~./_.//~ Project No. DRC2001-00557 Completion Date 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., 3-1' #, 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. 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 (P.e., CUP 98-01). 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. Street addresses shall be provided by the Building Official, after tractJparcel map recordation and / prior to issuance of building permits. 4.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. 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public __/ counter). SC-11-01 6 Project No. DRC2001-00557 Completion Date 6,Submit pool plans to the County of San Bernardino's Environmental Health Services Department for approval. L. New Structures 1. Provide compliance with the California Building Code for the property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separation(s). 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. 4. Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with UBC Table 5-A. 5. Provide draft stops in attics in line with common walls. 6. Openings in exterior walls shall be protected in accordance with UBC Table 5-A. 7. If the aroa of habitable space above the first floor exceeds 3,000 square feet, then the construction type shall be V-1 Hour. 8.Walls and floors separating dwelling units in the same building shall be not less than 1-hour tiro-resistive construction. M, Grading 1. Grading of the subject property shall be in accordance with the California 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. A geological report shall be prepared by a qualified engineer or geologist and submitted at the ! time of application for grading plan check, 4. The final grading plans shall be completed and approved prior to issuance of building permits. __/ 5. 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: N. Dedication and Vehicular Access 1. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from / street centerline): 50 total feet on Etiwanda Avenue / 2. Vehicular access rights shall be dedicated to the City for the following streets, except for __ __/ approved openings: Etiwanda Avenue. SC-11-01 7 Project No. DRC2001-00557 Completion Date 3. 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. 4. Private drainage easements for cross-lot drainage shall be provided and shall be delineated or / noted on the final map. 5. All existing easements lying within future rights-of-way shall be quit-claimed or delineated on the / final map. 6. 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. 7. 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 I property interests required in connection with the subdivision. Security for a portion of these I costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by I the City, at developer's cost. The appraiser shall have been approved by the City prior to I commencement of the appraisal. This condition applies in particular, but not limited to:_Foothill I Boulevard Storm Drain. O, Street Improvements 1. Ail 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: / Street Name Icurb & I A.C. r side- I Drive I Street I Street I Comm I Median I B,ke I Other I Etiwanda Avenue (t') 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. (d) If so marked, an in-lieu of construction fee shall be provided for this item (e) Traffic Signals, (f) Cobble Curb. 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. 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. SC-11-01 8 Project NO.DRC2001-00557 Completion Date 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 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. / / 4. A permit shall be obtained from Caltrans for any work within the following right-of-way: 1-15 / /__ Freeway. P. Public Maintenance Areas 1. 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. 2. All required public landscaping and irrigation systems shall be continuously maintained by the __ __/ developer until accepted by the City. Q. 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. Ail 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. 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. ____ / SC-11-01 9 Project No. DRC2001-00557 Completion Date 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 Bernardino. 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 er 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. Etiwanda~San Sevaine Area Regional Mainline, Secondary Regional, and Master Plan Drainage Fees shall be paid prior to final map approval or prior to building permit issuance if no map is involved. 2. Permits shall be obtained from the following agencies for work within their right-of-way: Cai / / Trans. -- -- 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. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: T. Security Lighting 1. All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell. 2. All buildings shall have minimal security lighting to eliminate dark areas around the buildings, with direct lighting to be provided by all entryways. Lighting shall be consistent around the entire development. 3.Lighting in exterior areas shall be in vandal-resistant fixtures. U. Security Hardware 1. A secondary locking device shall be installed on all sliding glass dooms. 2. One-inch Single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. 3. All garage or rolling doors shall have slide bolts or some type of secondary locking devices. 4. All roof openings giving access to the building shall be secured with either iron bars, metal gates, or alarmed. V. Security Fencing 1. Ail businesses or residential communities with security fencing and gates will provide the police with a keypad access and a unique code. The initial code is to be submitted to the Police Crime Prevention Unit along with plans. If this code is changed due to a change in personnel or for any other reason, the new code must be supplied to the Police via the 24-hour dispatch center at (909) 941-1488 or by contacting the Crime Prevention Unit at (909) 477-2800 extension 2474 or extension 2475. sc.1,.Ol lO Project No. DRC2001~0557 Completion Date W. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted / from frame or track in any manner. 2.Security/burglar bars are not recommended, particularly in residences, due to the delay or prevention of a speedy evacuation in case of fire. X. Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime __/____ visibility. 2. At the entrances of commercial or residential complexes, an illuminated map or directory of project shall be erected with vandal-resistant cover. North shall be at the top and so indicated. Sign shall be in compliance with Sign Ordinance, including an application for a Sign Permit and approval by the Planning Division. 3. All developments shall submit a 8 ~" x 11" sheet with the numbering pattern of all multi-tenant / developments to the Police Department. Y. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed. Instructing management and / employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and lives. 2. Alarm companies shall be provided with the 24-hour Sheriff's dispatch number: (909) 941-1488. / APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE AFl'ACHED SC-11-01 11 FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-01-0532 PROJECT #: DRC2001-00557/SUBTT16257 PROJECT NAME: Forecast Group DATE: December 18, 2001 PLAN TYPE: CUP for 386 Unit Apartments APPLICANT NAME: Michele Schiro OCCUPANCY TYPE: Group R, Division 3 w/Group A, Division 3 Uses FLOOR AREA (S): 16 or more dwelling units LOCATION: N/O of Foothill W/O Etiwanda FD REVIEW BY Steve Locati, Fire Protection Planning Specialist PLANNER: Kirt Coury ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: The following conditions of approval represent the minimum standard for approval of the project as submitted. These conditions are based on the plans submitted and may not include all Fire Distdct requirements for the proposed project. 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. Pdor to approval by the Planning Division compliance with all conditions and/or corrections must be completed. All Fire District conditions and comments must be addressed for construction permits can be issued. Contact the Fire Safety Division to schedule an appointment to verify compliance. A. Community Facilities Districts 1. This project is subject to the requirements of the Mello-Roos Community Facilities District. 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. Pdor 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. 3. Fire flow requirements for this project shall be 2500 gallons per minute at a minimum residual pressure of 20 pounds per square inch in accordance with Fire Code Appendix Ill-A, as amended. The required fire flow shall be delivered by fire hydrants located in accordance with Fire Code Appendix Ill-B, as amended. 4. When any portion of a facility or building is located in excess of 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. 5. All required public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Water District persohnel shall inspect the installation and witness hydrant flushing. The builder/developer shall submit test report to the Fire Safety Division. 6. All private on-site fire hydrants shall be installed, flushed, and operable prior to delivering any combustible building materials on-site (i.e., lumber, roofing materials, etc.). Fire Construction Services representative shall inspect the installation and witness hydrant flushing. The builder/developer shall submit final test report to the Fire Safety Division. 7. For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate. The builder/developer shall submit the final test report to the Fire Safety Division. 8. Existing fire hydrants and mains within 600 feet of the project shall be shown on the water plan submitted for review and approval. Include main size. 9. Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications and calculations for the fire sprinkler system underground. 10. Required Note: 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, which shall be submitted to the Fire District for acceptance. 11. Prior to the issuance of any Certificate of Occupancy, all fire hydrants shal! 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. 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 signed by the Water Distdct and submitted for approval by the Rancho Cucarnonga 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. RCFPD Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed throughout the building(s). 2. All commercial structures greater than 7,500 square feet, all Group A or E Occupancies with an occupant load of 50 or more persons, apl multi-family residential structures, and all structures which do not meet Fire District access requirements (Section E. Fire Access), shall be protected by an approved automatic fire sprinkler system. 3. Required Note: Prior to the recordation of ANY map, a note shall be placed on the map stating that all commercial structures great than 7,500 square feet, all Group A or E Occupancies with an occupant load of 50 or moro persons, all multi-family residential structures, and all structures which do not meet Fire District access requirements (Section E. Fire Access), shall be protected by an automatic fire sprinkler system meeting the approval of the Fire District. 4. Prior to the issuance of a building permit, the applicant shall submit plans for any automatic fire sprinkler system Fire Construction Services for review and approval. No work is allowed without a Fire Construction Services permit. 5. Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(~) shall be tested and accepted by Fire Construction Services. 6. The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system. Monitoring is required with 20 sprinklers in Group Occupancies, or 100 or more sprinklers in all other Occupancies. E. Fire Access 1. 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 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 shall include public roads, streets, highways, as well as private roads, streets and designated fire lanes. 3. Residential: Prior to recordation of a subdivision/tractJparcel map, the applicant shall obtain approval of the Fire District for all Fire District access roadways and fire lanes. All roadways or fire lanes shall comply with RCFPD Ordinance FD32 and other applicable standards. 4. Residential & Commercial: Prior to issuance of any grading permits, the applicant shall submit and obtain approval of plans for all roads, s~'eets and courts, public or private, 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 feat 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. The minimum unobstructed width for a Fire District access roadway or fire lane is 26 feat. The minimum vertical clearance is 14 feet, 6 inches. At any entry median the minimum width of traffic lanes shall be 20 feet. 6. All portions of the facility or any portion of the exterior wall of the first story shall be located within 150 feet of Fire District vehicle access, measured by an unobstructed approved route around lhe extedor of the building. Approved access walkways shall be provided from the fire apparatus access road to extedor building openings. 7. A Knox rapid entry key vault shall be installed pdor to final inspection. Proof of purchase shall be submitted prior to final building plan approval. Contact the Fire Safety Division for specific details and ordedng information. 8. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire District's approval of the construction of any gate across required Fire District access roadways/driveways. 9. Gated or restricted access requires the installation of a Knox rapid entry system. Vehicle access gates shall be provided with an approved Fire District Knox Key Switch. The gate shall remain in the open position until reset by Fire District key switch. Gates shall open by means of an approved Traffic Pre-emption Device. Contact the Fire Safety Division for specific details and ordering infom~ation. 10. The installation of gates and restricted access to residential developments may necessitate installation of approved automatic fire sprinkler systems. This condition applies when the Fire District determines that gates, other means of restricting access or delaying response exists. 11. 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. 13. A note shall be placed on all plans which clearly indicates the following: Emergency access, a minimum 26 feet in width and 14 feet, 6 inches in height shall be provided and maintained free and dear of any obstructions at all times during construction, in accordance with Fire District Standards. 14. Dead-end Fire District access roadways in excess of 150-feet shall be provided with approved previsions for the turning around of fire apparatus. This may include a cul-de-sac, "hammerhead," or other means approved by the Fire District. 15. Prior 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. 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. 16. Pdor to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan. The CC&R's or other approved documents shall contain a fire lane map and provisions that prohibit parking in the fire lanes. The method of enforcement shall be documented. The CC&R's shall also identify who is responsible for not less than annual inspection and maintenance of all required fire lanes. 17. New buildings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during pedods 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. 18. 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: Pdor 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 matedal is placed on-site. The roadway shall be maintained at all times. 1~. Architectural Building Plans 1~ Pdor to approval of a site development/use permit, or the issuance of a building permit, whichever occurs first, 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 the Fire Safety Site/Architectural Notes to be placed on the plans prior to submittal. H. Fire Alarm System 1. An automatic fire alarm (and detection) system is required by RCFPD Ordinance 15, based on use or fleer area, ow by another adopted code or standard. 2. Prior to issuance of a building permit, plans for the fire alarm system shall be submitted to Fire Construction Services for review and approval. No work is allowed without a Fire District permit. 3. Prior to any remodel, modification, additions, or exchange of devices, Fire District approval and a permit are required. Plans and specifications shall be submitted to Fire Construction Services. 4. Prior to the issuance of a Certificate of Occupancy, the fire alarm (and detection) system(s) shall be tested and accepted by Fire Construction Services. I. Fire District Fees Due 1. Fire District fee(s), plus a $I.00 microfilm fee per "plan page" will be due to the Rancho Cucamonga Fire District as follows: * $82 Start-up fee for commercial, industrial or multi-family dwelling units (Paid prior to TRC) $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 Multi-family Residential Development · Note: Separate plan check fees for tenant improvement work, fire protection systems (fire sprinklers, alarm systems, fire extinguishing systems, etc.), and/or any consultant reviews will be assessed upon separate submittals of plans. J. Hazard Control Permits 1. As noted below Special Permits may be required, dependent upon intended use: 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, which 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. Compressed gases (storage, handling, or use exceeding 100 cubic feet. e. Operate dust-producing processes and operations. f. Flammable and combustible liquid (storage, handling, and/or use). g. Liquefied petroleum gas (storage, handling, use or transport, exceeding 120 gallons). h. Hot work operations (welding and cutting operations in any occupancy). K. Hazardous Materials - Compliance with Disclosure and Reporting Regulations 1. The below listed businesses, operations, uses or conditions require that the San Bemardino County Fire Department review your Business Emergency/Contingency Plan for compliance with minimum standards. Contact the San Bemardino County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. They are the CUPA for the City of Rancho Cucamonga. 2. Any business that uses, generates, processes, produces, treats, stores, emits, or discharges a hazardous material in quantities at or exceeding 55 gallons, 500 pounds, or 200 cubic feet (compressed gas) at any one time in the course of a year. 3. All hazardous waste generators, regardless of quantity generated. 4. Any business that handles, stores, or uses Category (I) or (11) pesticides, as defined by FIFRA, regardless of amount. 5. Any business that handles DOT Hazard Class 1 (explosives, found in 49 CFR) regardless of amount. 6. Any business that handles extremely hazardous substances (EHS's) in quantities exceeding the threshold planning quantity (T.P.Q.). Extremely Hazardous Substances are designated pursuant to the Emergency Planning and Community Right to Know Act Section 302, and are listed in 40 CFR Part 355. 7. Any business subject to the Emergency Planning and Community Right to Know Act (EPCRA), also known as SARA Title II1. Generally, EPCRA includes facilities that handle hazardous substances above 10,000 pounds, or extremely hazardous substances above threshold planning quantities. There are some exceptions, including retail gas stations with up to 75,000 gallons of gasoline or 100,000 gallons of diesel fuel in Underground Storage Tanks (UST's) that meet the 1998 upgrade requirements. To get more information on EPCRA requirements call 1-800-535-0202. Due to State disclosure consolidation laws, Tier II forms need not be submitted to the various State and Federal agencies. Submission of your Business Emergency/ Contingency Plan will meet this requirement; however, EPCRA does require full annual inventory submission rather than a certification statement each March I. Also, EPCRA facilities are bound by the trade secret limitations of EPCRA, and must sign every page of inventory. 8. Any business that handles radioactive material that is listed in Appendix B of Chapter 1, of 10 CFR. 9. If the facility is a NEVV business, a Certificate of Occupancy issued by Building and Safety will not be finalized until the San Bernardino County Fire Department reviews your Business Emergency/Contingency Plan. California Govemment Code, Section 65850.2 prohibits the City from issuing a final Certificate of Occupancy unless the applicant has met or is meeting specific hazardous material disclosure requirements. A Risk Management Program (RMP) may also be required if regulated substances are to be used or stored at the new facility. Contact County Fire, Hazardous Materials Division at (909) 387-3041 for forms and assistance. 10. Any business that operates on rented or leased property, and is required to submit a Plan, is required to submit a notice to the owner of the property in writing stating that the business is subject to the Business Emergency/Contingency Plan mandates, and has complied with the provision, and must provide a copy of the Plan to the property owner within 5 working days after receiving a request from the owner. 11. The Fire Code adopted by the Fire District has a provision requiring collection of information regarding hazardous materials at facilities for purposes of Fire Code implementation and emergency response. Prior to issuance of a Certificate of Occupancy a copy of the Business Emergency/Contingency Plan - New Business (Hazardous Materials Release Response Plans and Inventory) shall be submitted to the Fire District after it is approved by the San Bemardino County Fire Department. In some cases additional information that is not in the Business Emergency/Contingency Plan may be required in order to support local fire prevention and emergency response programs. L. Plan Submittal Required Notice 1. Plans shall be submitted and approved pdor 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: Separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans. Fire District Conditions of Approval- Template SL 7/24/01 Revision C. DEVELOPMENT REVIEW DRC2001-00516 - US HOMES - The design review of building elevations and detailed site plan for three previously approved tentative tract maps consisting of 113 single-family lots in the Low Residential District (2-4 dwelling units per acres) of the. Etiwanda North Specific Plan in the Rancho Etiwanda Planned Development, located on the southeast comer of Day Creek Boulevard and Banyan Street and approximately 300 feet north of the northwest comer of Day Creek Boulevard and Banyan Street. APN: 225-101-44. Related files: Tentative Tract Map SUBTT14523-1, Tentative Tract Map SUBTI'14494, and Tentative Tract Map SUBTT15902. Brad Bullet, City Planner, stated that staff was requesting that item B be pulled from the Consent Calendar. Motion: Moved by Mannerino, seconded by Stewart, to adopt items A and C of the Consent Calendar. Motion carried by the following vote: AYES: MAClAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - carried B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEVV DRC2001-00675 Debra Meier, Contract Planner, presented the staff report and indicated staffwas suggesting three minor revisions to the resolution to increase the wall height to 8 feet along the project perimeter and to clarify the conditions regarding the wall along the south boundary and the security lighting. Chairman McNiel invited public comment. Joe Carroll, Copart, Inc., 2176 The Alameda, San Jose, concurred with the changes. He stated he has the opportunity to fly around the country and he felt it had been a real pleasure to work with Rancho Cucamonga, particularly Ms. Meier. There were no additional public comments. Chairman McNiel stated the developer had been very cooperative. He supported the project. Motion: Moved by Mannerino, seconded by Macias, to issue a Negative Declaration and adopt the resolution approving Development Review DRC2001-00675 with modifications suggested by staff. Motion carried by the following vote: AYES: MACIAS, MANNERINO, MCNIEL, STEVVART NOES: NONE ABSENT: TOLSTOY - carried PUBLIC HEARINGS D. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP SUB3-r16257- FORECAST CORPORATION - A request to subdivide 26.7 acres of land into one lot for condominium purposes in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, ~ located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APN: 227-211-02,  04, 05, 09, 10, 15, 17, 20, and 29. Related files: Conditional Use Permit DRC2001-00557 and {' Tree Removal Permit DRC2001-00567. Planning commission Minutes -2- January 23, 2002 *. · E; ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION - A request to construct 368 apartments on 26.7 acres of land in the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay Dist~ct, and Etiwanda Avenue Overlay District within the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard - APN: 227-211-02, 04, 05, 09, 10, 15, 17, 20, and 29. Related tiles: Tentative Tract Map SUBTT16257 and Tree Removal Permit DRC2001-00567. KJrt Coury, Associate Planner, presented the staff report and indicated a newsite utilization map, site map, conceptual grading plan, and landscape plan were placed in front of the Commissioners. Chairman McNiel asked if staff had met with the surrounding residents with respect to the issues brought forth. Mr. Coury responded affirmatively. He said he met with several at the Planning counter, spoke with them on the telephone, and met with them at the neighborhood meeting. Chairman McNiel asked how many attended the neighborhood meeting. Mr. Coury replied approximately 10 residents attended the first meeting on November 20, 2001, and approximately 12 attended the meeting on January 17, 2002. Chairman McNiel opened the public hearing. Jimmy Previti, Forecast Homes, 10670 Civic Center Drive, Rancho Cucamonga, stated they read the staff report and were willing to accept all conditions. Chairman McNiel noted Mr. Previty met with the neighbors and asked if they were working to resolution on the issues raised by the neighbors. Mr. Previti felt they were. Brad Buller, City Planner, noted that several issues were raised at the neighborhood meeting including one issue regarding fire safety. He reported that fire staff met with homeowners on the property earlier in the day and a representative of the Fire District was available to respond. He said staff had tried to be available and had encouraged them to question such things as sewer locations and capacities or direction on whether a new system might have to be built if the residents wish to develop their properties in the future. He indicated staff suggested the residents work directly with Cucamonga County Water District. He said that one of the questions asked by the residents concamed the street improvements being done and what the drive access will be like when the street improvements are done and when the proposed project is done. Dan Guerra, Dan Guerra and Associates, 10271B Trademark Street, Rancho Cucamonga, observed that at the neighborhood meeting, residents asked questions relative to the improvements currently being constructed on Etiwanda Avenue by another development project. He said that project is. across the street and his firm happens to be the consultants on that project as well. He said they had not specifically answered those questions at the neighborhood meeting, but it was indicated that . the plans are available at City Hall. He stated that Etiwanda Avenue is currently being widened and the Etiwanda frontage across the current residents' properties is not being widened at the present time. He said the existing rock and rubble curb is being replaced with an asphalt berm in the same location and asphalt driveways are being installed onto the existing access driveways on the west side of Etiwanda Avenue, including Chervil Street to improve the situation. Mr. Bulier pointed out that the residents questioned the southerly drive access location on Etiwanda Avenue. He said the residents wondered if the access could or should be moved. He reported that Planning Commission Minutes -3- January' 23, 2002 " the Design Review Committee was aware that this driveway access was aligned with the apartment project across the street. He said staff again looked at the access, and believes that it is better to have the driveways aligned than to have them offset. Mr. Coury noted that the wall along the northwest property line would be a minimum of 8 feet and a maximum of 10 feet including a 2-foot retaining wall. He said there may be a maximum of 14-foot high walls in some areas with an 8-foot exposed wall and a 6-foot retaining wall because of the grade difference. He stated that at the first neighborhood meeting two property owners indicated they did not want an 8-foot wall and the developer indicated a willingness to use wrought iron fencing. He commented the neighbors accepted that solution at the first neighborhood meeting; however, they indicated at the January 17 meeting they may prefer the block wall. Don Glover, 7954 Etiwanda Avenue, Rancho Cucamonga, stated he owns the lot south of Chervil Street with two houses and has lived there for 23 years and his family owned the property for over 100 years. He said he received a flyer for. a neighborhood meeting and was told they would be building apartments adjacent to his lot. He agreed the apartments are beautiful but said he will be driving through an apartment complex to get to his driveway. He did not feel that was right. He felt he would be landlocked if the project were approved and his properb/would not be of value to anyone except Forecast. He said he would have walls completely surrounding him. He commented that he was told prior to the latest neighborhood meeting that the 2-~ acre parcel would not be developed and he had assumed that meant the entry would be moved. He said he has records to show there is an easement that was dedicated in 1921 and rededicated in 1964 for ingress and egress to his property and his neighbor's property. He stated that. 10 cars currently use that easement and he objected to now having to share that read with 346 apartment dwellers. He felt that traffic is definitely impacted. He said that there will be a great visual impact as the area is currently open fields. He commented that it is now quiet except for noise from the freeway, which puts him to sleep. He asked that the developer stub out infrastructure utilities (gas, water, etc.) so his land will be worth something. He said they were told at the neighborhood meeting that water and sewer would be stubbed in. He stated he asked about electric, gas, cable, and telephone and the developer responded they would not stub out for those. He acknowledged that the developer was trying to work with the residents but felt that the situation was benefiting Forecast Homes and not his lifestyle. He said that the developer has asked to move his (Mr. Glover's) 20-foot easement to Chervil Street and said the developer had suggested giving him property along his easterly property line, but he would then have to do a u-turn to get into his garage. He thought the project would then have to go back through Design Review. He asked if Chervil Street would then become a public street. He inquired if the developerwould be required to bring in all utilities. He commented that the 2Y-,-acre parcel will eventually be built when the zoning is changed from Low Medium to Medium. Mr. Glover said his way of life is being affected. He requested the project be denied. Juanita Sandoval, 12820 Chervil Street, Rancho Cucamonga, stated she lives in the house at the west end of Chervil Street and will be surrounded on two sides by the proposed apartment development. She objected to the apartments because it will interfere with her mountain view, afternoon breezes, privacy, and lack of traffic. She said migratory birds visit the mature trees surrounding her property. She believed there had been no environmental specialist to determine if the development will adversely impact the survival of the birds. She asked if the birds are protected under the Migratory Bird Act and asked if the California Fish and Game and United States Fish and Wildlife Service had reviewed and approved the environmental documents. She objected to the loss of her rural atmosphere. She noted an 8-foot block wall is proposed to be located approximately 5 feet from her home. She said she lives in a single-story house and a two-story apartment building is proposed to be located approximately 30 feet from her property line and the apartments will be at a higher elevation. She objected to the apartments having windows that would have a view into her backyard and bedroom windows. She acknowledged that the developer has indicated he will provide landscaping to provide privacy and she asked that they be required to do so. She was also concemed that there will be a sidewalk adjacent to the wall that borders his backyard. She felt that would encourage graff'~ and vandalism to the wall and grant easy access to climbing over the wall: Plknning Commission Minutes -4- Janua~ 23, 2002 -. She preferred that the sidewalk be removed and landscaping such as thorny vines be planted to grow on the wall to deter wall climbing. She expressed concerns about the safety of her children. She said that Chervil Street is a private dirt mad that varies from 15 feet to 25 feet wide and has litiie traffic. She stated the proposed block wall will abruptly dead-end Chervil Street on the west end. She reported that trash tracks currently use the dirt mad to rum around safely rather than backing down the mad. She said she currently has an alternate escape mute but the proposed development will block off that exit. She felt that large vehicles such as trash trucks will be forced to back up the entire length of the dirt mad. She said she contacted Burtec and was told they did not have an official comment but the mute supervisor feared they may not be able to staff their trucks with only one pemon if they have to back up onto Etiwanda Avenue. She said that pedestrians and bicyclists use the dirt mad as well and they would be endangered if the trash trucks back out. She was concerned that the dirt mad they have been able to use for the last 6 yearn would no longer be available as an alternate escape mute in case offira or earthquake. She said that at the January 17 neighborhood meeting, they asked the developer to grant an access easement to allow trucks to safely turnaround and he responded it was not his responsibility to give up any of his land. She felt they may have a prescriptive easement and asked that the City make the developer grant access to the property for a cul-de-sac to remain in its pre-existing location. She felt that would solve many safety and traffic concems. She was appalled the City would allow a zoning change to support apartment units adjacent to land where only single-family homes exist. She felt her investment in her home will be lost once the apartments are built. She thought single-family homes or single stoqf condominiums should be built. She asked that the project not be approved until the developer addresses the problems created with respect to privacy, safety, and the investments of the existing homeowners. Daniel Sandoval, 12820 Chervil Street, presented a list of requested conditions including: 1) require developer to bring in water mains to support the City code for minimum fire hydrant spacing for residential districts, 2) allow existing cul-de-sac to remain at the west end of Chervil Street through prescriptive easement rights, 3) require developer to grant sewer access at each existing property or at the west end of Chervil Street to the proposed maximum density of 14 units per acre to avoid more costly installation in the future, 4) require developer to grant land along the southeastern portion of Chervil Street and to pave and widen Chervil Street to 26 feet, 5) remove sidewalk bordering the wall along his property line, 6) require trash disposal dumpstera be located away from his property to avoid odor or debris from going onto his property, 7) require locations and coverings of lights to prevent visible glare and lighting from affecting his property, and 8) require sufficient landscaping to provide privacy screening and prevent graffiti and vandalism and discourage people from climbing the wall. He thought the Etiwanda Specific Plan requires logical phasing of facilities such as sewers and water in order to minimize the cost of service to an area. He said that Cucamonga County Water District felt it would be logical to require the developer to provide access points for sewer and water access for fire hydrants to the adjacent properties to avoid possibly having to install a pumping station at a later time. He showed some pictures of the current dirt road turn-around and the proposed location of the wall. He thought the mad does not currently conform to the 14 foot 6 inch height access for emergency access and noted the read is only 15 feet wide in some areas. Joe Rusling, 12839 Chervil Street, Rancho Cucamonga, stated that the staff report indicates he has access to Chervil Street and that resolves some of the issues. He did not think Chervil Street is a street, but is instead his neighbor's driveway and he did not feel he or Mr. Glover have any legal right · to use lt. He said he does not currently use Chervil Street because he uses the easement that has been in place since 1921. He observed that the C'~ has never developed Chervil Street as a street. He noted that many of the issues raised by residents were considered resolved by the deletion of the 2Y-z-acre parcel from this development. He felt that was irrelevant because the parcel' will be developed as soon as the zoning is changed. Wesley La Nier, 12830 Chervil Street, stated he would like to second everything that his neighbora said. He noted that reports showed there should be no problems with flooding. He said Chervil Planning Commission Minutes .5. Janua~7 23, 2002 '. Street has a 10-foot rise near Etiwanda Avenue and then drops back down. He feared that debris would be carried down and back up at the wall at the west end of Chervil, clogging up the drainage and cause flooding. He indicated that his house closed escrow the day before his first meeting with Forecast and the escrow papers stated his house was in a Low Medium area. He felt changing the zoning to Medium will result in an increase in crime. He stated he was concerned about the change to his way of life. He said that pairs of Red Tail Hawks and Kestrel Hawks use the area for feeding. He stated the United States Postal Service moved their mailboxes to a turnout that is about 75 feet off Etiwanda Avenue because of the current widening of Etiwanda Avenue. He said the mail boxes did not indicate where the mailboxes will ultimately be located, but said they would not be placed back on Etiwanda Avenue because of traffic issues. He felt their property values would decrease or stagnate. He submitted a letter signed by four homeowners requesting that the project be referred back for further evaluation. It asked that the developer be required to dedicate land to allow the widening of Chervil Street and allow the City to provide utility services. The letter also stated their belief that the environmental review of the process was not adequate and asked that the project not be approved until such time as public meetings are held to discuss whether apartments are appropriate of if the project should be a condominium development. They also asked for further environmental review and consideration of conditions of approval to protect the current residents' way of life or protect their development potential. He said it is currently a nice, quiet place to live and that children play in the street and that will no longer be possible. Trecy Glover, 7954 Etiwanda Avenue, Rancho Cucamonga, stated that the utilities for her property and the Rusling property are undergrounded where the proposed driveway will be located. She said that if they have a water or gas leak, they did not know how they would get to the pipes. She noted their water meters are currently on Etiwanda Avenue on Forecast's property and she questioned where they would be moved. She did not like the prospect of having to drive through an apartment complex to reach her home and felt it would interfere with her ability to sell her home. She said they - would be virtually landlocked; particularly once the 2~-acre parcel is developed. Hearing no further testimony, Chairman McNiel dosed the public hearing. Chairman McNiel asked staff to respond to some of the comments raised. Mr. Buller reported that there was no zone change before the Commission tonight. He said the property has had the current zoning of Medium and Low Medium for quite some time and the single- family homes have always had the multi-family zoning surrounding them since the adoption of the Etiwanda Specific Plan in the early 1980s. He stated there had been a neighborhood meeting in an attempt to address some of the issues raised by the neighbors and the applicant has indicated a willingness to address some of the issues. He observed that some of the issues raised this evening were new requests, such as the removal of the sidewalk along the Sandoval properly. He said staff could handle the site design issues such as the intense landscaping request, relocation of the sidewalk and trash receptacles, etc. Regarding the issue of prescfiptiVe rights, he commented that the Commission does not sit as a court on that decision. He said there has been no evidence presented to the City that concludes that they have easement fights over Forecast property. He stated the Commission may still consider the actions or requests of the homeowners. He noted the developer has indicated a willingness to consider providing a pedestrian gate for emergency exit into the apartment project. He said the developer had also indicated a willingness to consider a turn- around at the end of Chervil Street, but staff pointed out there is sufficient room on the existing properties without going onto the applicant's property. He said all parties involved could solve the problem with cooperation or on their own. He remarked that a representative of the Fire District was there and had indicated to staff that .the proposed project benefits the fire safety elements of the existing homes. He said there is currently a surrounding field that may or may not be maintained and the Fire District had indicated the project could create a firebreak around the existing homes. With respect to the trash trucks and safety equipment coming up the private street, he said the maintenance of the private street is the responsibility of the homeowners and they need to repair potholes or widen the street/f necessary. He indicated staff does not believe it should be the Planning commission Minutes -6- January 23, 2002 -. obligation of the developer to pave Chervil or run new utility lines. He believed the Glover and Rustling properties have electrical service off Chervil Street, so he felt there must be some utility access easements in place. He noted the applicant agreed to run the other services along the most southerly property line. He said he could not respond to the postal delivery comment other than to state the Post Office will provide postal service to the residents. He was not sure why the mailboxes were moved because Etiwanda Avenue is not being widened in that location, but merely replacing one curb with another curb. He said the Fire District staff personnel were available to answer questions with respect to the existing homes. He noted the Fire District indicated the current dirt read is probably not the best maintained for serviceability. Mr. Buller stated it is a private drive and is the responsibility of the private property owners. With respect to the 2% acres, he noted the residents were correct that the applicant is not proposing a change or development on that parcel tonight and the Commission therefore had no action before them on that parcel. He said the current resolution is conditioned to require sidewalk and street improvements along the front of that parcel be consistent with respect to curb and gutter and sidewalk. Mr. Bullet said staff believes the environmental documentation presented to the Commission is sufficient under the environmental · requirements and shows there are no significant impacts that would require the City to deem the project infeasible or unapprovable. He said staff believes the driveway is of sufficient capacity to serve the vehicle trip generations onto Etiwanda Avenue. He noted the applicants do not went their new driveway tom up for future utility access, therefore, they will provide the ability for the parcels which are not a part of this project to get access without having to tear up the improvements. Chairman McNiei asked if it would cover all utilities including telephone. Mr. Buller believed the applicant has indicated he would include all utilities. Chairman McNiel felt the potential alteration of the sidewalk, potential relocation of dumpsters, and . light coverings for glare could be handled by staff. Mr. Bullet suggested a condition be added that the landscaping and sidewalk and trash enclosure locations adjacent to the existing homes along Chervil Street be subject to City Planner review and approval. He said he would be sure the property owners are notified of that decision. Chairman McNiel asked if that would include the property-adJacent landscaping. Mr. Butler responded affirmatively. Commissioner Stewart suggested that Fire District personnel respond to the residents' comments. Ralph Crane, Fire Marshal, stated he visited the site eadier in the day after being contacted by the residents along Chervil Street. He said the support of the Fire District is a standard conceptual support. He observed there are a lot of places in the District that are existing non-conforming: and any time those areas can enhance their existing water supply or access, it is a benefit to the emergency services that can be provided. He said he directed the questions related to fire hydrants to Cucamonga County Water District, as they are the proper agency to address hydrant issues and water supply issues with the individual property owners. He also noted that several suggestions were made to the property owners regarding things they could do immediately to improve the Fire District's ability to respond rapidly and those suggestions are not dependent upon the project itself. · He said that includes puffing addresses on the existing homes that don't have addresses on them, removing the limbs on some of the trees that may block access, and grading the road to allow for faster response. He stated that the Fire District definitely feels spdnklered residences are a lower fire dsk than a grassy vineyard left to grow. He said the Fire District has no issues that have not been satisfied on the project being proposed; but they do have concems with the existing residences, which were addressed to those owners. Planning Commission Minutes -7- January 23, 2002 · . Commissioner Mannerino stated this is one of the areas of the City that is in transition. He said it is difficult because Etiwanda continues to be the more rural part of the City and it is now changing as the whole City has changed. He said he has reminded people on several occasions that he used to shoot rabbits where City Hall now sits. He thought it may have been better if there had been another meeting between the developer and the residents on Chervil Street; however, he felt the primary thrust of the problem is that the cun'ent residents do not want apartments and medium density structures around their homes. He observed that that the area is zoned for that use and has been so zoned for at least 20 years. He said that anyone who buys the property will build the maximum number of units that it is zoned for because that is how you make money in real estate. He felt that if this developer does not build, it will be another developer and it will be high density housing around the current residents because that is how the area is zoned. He saw nothing that would negate a Negative Declaration with the conditions that were being imposed. He felt there was some more detail that may be worked out such as site changes and landscaping and he u~ged the developer to continue his dialogue to adjust the tract and make it more palatable to the residents and he thought Mr. Previty will do so. Commissioner Mannerino felt it is a project which complies with the standards and he noted that even some of the residents have commented that it is nice looking. He supported the project with adjacent landscaping and the additional conditions proposed by Mr. Bullet. Commissioner Stewart concurred with Commissioner Mannerino. She also felt the project could have benefited from another neighborhood meeting to iron out some of the things. She was comfortable with the fire and safety issues that the Fire District discussed. She said the bottom line is that the property is zoned Medium and that is how it will be developed. She supported the project with the additional suggested conditions to address the identified issues subject to City Planner approval. Commissioner Macias stated the land use designation has been that way for a long time and withstood public scrutiny during the recently approved General Plan. It said it is unfortunate that there are often homeowners stuck in this kind of a situation. He agreed with Commissioner Mannerino that this is a time of change and this is an area that has been struck for change. Taken as a whole, he felt the project benefits the City as a whole. He noted there are going to be some losers, and that is because of the change and movement that the City is going in. He supported the project. Mr. Butler observed that Planning Condition 7 of the Conditional Use Permit resolution already provides that additional landscaping and trees shall be provided at the interior project perimeter adjacent to the existing single-family residences subject to City Planner approval. He felt the minutes will reflect that the intent is to screen out the visibility from the upstairs windows of the project's buildings into the neighbors' properties. He said staff will be looking for evergreen trees and shrubs to do that. He stated staff would also be looking for the type of plant materials that would deter people from wanting to get dose to the block wall from the apartment side to reduce the potential for graffiti. He suggested adding a condition regarding lighting to limit free-standing lights to a maximum of 15 feet, prohibit security lighting f'~dures from projecting above the fascia or roofline, and shield al/lighting to confine light spread within the project boundaries. He also suggested adding a condition that final sidewalk locations and the trash enclosure location immediately adjacent to Chervil Street be subject to City Planner review'and approval. He asked if the Commissioners wished to add a condition with respect to utility connections, noting that the applicant had gone on record that they will do it because it will benefit the project. commissioner Mannerino stated that if the applicant had indicated a wi!lingness to do it, a condition should be added. Mr. Butler suggested the applicant respond. Chairman McNiel reopened the public hearing. Planning Commission Minutes .8- January 23, 2002 Mr. Previty said they did not necessarily agree to stub to each residence. He said the con(em of the residents was that they felt their zoning would be changing in the near future to conform to the General Plan and they thought the Forecast project would prevent them from developing as a multi- family project in the future. He agreed to stub the utilities at a common point on the south property line of Mr. Glover and Mr. Rusling's property. He noted that properties along Chervil Street can access from Etiwanda Avenue and said he would even go so far as to stub for additional water and sewer lines for them because of the high spot in the road for Chervil Street. He was agreeable to any condition that would reflect that agreement. Mr. Butler suggested inserting a condition that the applicant shall provide underground utility connections to the lots surrounded by the proposed project pursuant to an agreement between the owners of this project and the interior lots. He suggested that the agreement provide that the applicant would be reimbursed for the portion of the cost of the utility connections that would represent the benefit pro-rata share provided to the lots surrounded by the project. He said that way the project proponent and the residents would have to determine where the best point is and the Mr. Previty said he was not proposing that he be reimbursed. Chairman McNiel felt the wise thing to do would be to put the stubs in where they need to be, Mr. Bullet suggested the condition then read that the applicant shall provide connections to the lots. Chairman McNiel thought it should be tO the property lines. Kevin Ennis, Assistant City Attorney, asked if the Commission was speaking only of water and sewer. Chairman McNiel stated he wes thinking all utilities. Commissioner Stawert agreed. Commissioner Mannerino stated they were talking about water, sewer, gas, and electric. Commissioner Stewart agreed. Chairman McNiel added telephone and cable. Mr. Previty said they would be amenable to such a condition assuming that the regulating agencies are agreeable. Chairman McNiel again closed the public hearing. He noted that there had been a discussion regarding the wall and noted the applicant agreed to provide either view fencing or a block wall, He. asked that staff clarify which the homeowners would prefer, Mr. Buller suggested modifying Planning Condition 2 to provide for either a wrought iron fence or wall subject to City Planner review and approval, Motion: Moved by Mannerino, seconded by Macias, to issue a Negative Declaration and adopt the resolutions approving Tentative Tract Map SUBTT16257 and Conditional Use Permit DRC2001-00557 with modifications to clarify the lighting requirements and provide for City Planner approval of the wall, sidewalk and trash encJosure locations, and underground utility connections. Motion carried by the following vote: Planning Commission Minutes -9- January 23, 2002 AYES: MACIAS, MANNERINO, MCNIEL, STEWART NOES: NONE ABSENT: TOLSTOY - 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 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 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 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 through 43. Related files: Victoria 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 Victoda Community Plan Amendment 01-01. 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. Planning Commission Minutes . -10- January 23, 2002 RESOLUTION NO. ~)~, "'~ ?~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE TRACT MAP SUBTT16257, A CONDOMINIUM SUBDIVISION OF ONE LOT, AND THE RELATED TREE REMOVAL PERMIT DRC2001-00567, FOR 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17. A. Recitals. 1. Forecast Corporation filed an application for the approval of Tentative Tract Map SUBTT16257 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." 2. On November 20, 2001 and January 17, 2002, the applicant conducted neighborhood meetings, which was attended by 8 and 9 residents, respectively. 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 and approved the application. 4. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 5. On March 6, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 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 March 6, 2002, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 02-17 and 02-18, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located on the west side of Etiwanda Avenue, north of Foothill Boulevard, with a street frontage of approximately 1,700 feet on Etiwanda Avenue and an approximate depth of 1,500 feet, and is presently vacant; and CITY COUNCIL RESOLUTION NO. TENTATIVE TRACT MAP SUBTT16257 - FORECAST CORPORATION March 6, 2002 Page 2 b. Eight existing single-family detached residences, not a part of the proposed project, are located on an inverted L-shaped property at the central portion of the site which take access from Etiwanda Avenue via dirt roads. The 1-15 Freeway borders the property on the north and west. The property to the south is vacant, but is planned for commercial development. To the east, across Etiwanda Avenue, the property has been approved for a 272 multi-family residential development, and c. The application contemplates a condominium s,~bdivision of one lot for the development of 340 apartments on 24.2 acres of land within the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Overlay District, and Etiwanda Avenue Overlay District of the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. e. On April 6, 1981, the City Council adopted a General Plan for the City of Rancho Cucamonga which included a land use designation of Medium Residential (8-14 dwelling units per acre) for the subject property and the surrounding neighborhood. f. According to the Fire Marshal of the Rancho Cucamonga Fire Protection District the proposed project will benefit the community by eliminating a fire hazard (grass fields) and install a water supply and fire hydrant system. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. The tentative tract is consistent with the General Plan, the objectives of the Development Code, and any applicable specific plans; and b. The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the tentative tract is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or the habitat; and e. The design of the tentative tract is not likely to cause serious public health problems; and f. The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in the Planning Commission Resolution Nos. 02-17 and 02-18, attached hereto. CITY COUNCIL RESOLUTION NO. TENTATIVE TRACT MAP SUB'I-D16257 - FORECAST CORPORATION March 6, 2002 Page $ 5. This Council hereby provides notice to Forecast Corporation that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Forecast Corporation at the address identified in City records. RESOLUTION NO. O 2."~ ?Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING CONDITIONAL USE PERMIT NO. DRC2001-00557 TO CONSTRUCT 340 APARTMENTS ON 24.2 ACRES OF LAND IN THE MEDIUM RESIDENTIAL DISTRICT (8-14 DWELLING UNITS PER ACRE), ETIWANDA SOUTH OVERLAY DISTRICT, AND ETIWANDA AVENUE OVERLAY DISTRICT WITHIN THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE WEST SIDE OF ETIWANDA AVENUE, NORTH OF FOOTHILL BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF - APNs: 227-211-02, 04, 05, 09, 10, 15, 20, 29 AND A PORTION OF 17. A. Recitals. 1. Forecast Corporation filed an application for the approval of Conditional Use Permit No. DRC2001-00557, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit request is referred to as "the application." 2. On November 20, 2001 and January 17, 2002, the applicant conducted neighborhood meetings, which was attended by 8, and 9 residents respectively. 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 and approved the application. 4. The decision represented by said Planning Commission Resolution was appealed in a timely manner to this Council. 5. On March 6, 2002, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 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 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 Mamh 6, 2002, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution Nos. 02-17 and 02-18, and together with public testimony, this Council hereby specifically finds as follows: a. The application applies to property located on the west side of Etiwanda Avenue, north of Foothill Boulevard, with a street frontage of approximately 1,700 feet on Etiwanda Avenue and an approximate depth of 1,500 feet, and is presently vacant; and CITY COUNCIL RESOLUTION NO. CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION March 6, 2002 .. Page 2 b. Eight existing single-family detached residences, not a part of the proposed project, are located on an inverted L-shaped property at the central portion of the site which take access from Etiwanda Avenue via dirt roads. The 1-15 Freeway borders the property on the north and west. The property to the south is vacant, but is planned for commercial development. To the east, across Etiwanda Avenue, the property has been approved for a 272 multi-family residential development, and c. The application applies to the development of 340 apartments on 24.2 acres of land within the Medium Residential District (8-14 dwelling units per acre), Etiwanda South Oveday District, and Etiwanda Avenue Overlay District of the Etiwanda Specific Plan, located on the west side of Etiwanda Avenue, north of Foothill Boulevard; and d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. e. On April 6, 1981, the City Council adopted a General Plan for the City of Rancho Cucamonga which included a land use designation of Medium Residential (8-14 dwelling units per acre) for the subject property and the surrounding neighborhood. f. According to the Fire Marshal of the Rancho Cucamonga Fire Protection District the proposed project will benefit the community by eliminating a fire hazard (grass fields) and install a water supply and fire hydrant system. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. The proposed use is in accord with the General Plan, the objectives of the Development Code, and any applicable specific plans; and b. The proposed development, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; and c. The site is physically suitable for the type of development proposed; and d. The development of the proposed project will not cause a significant traffic impact on the surrounding area; and e. The design of the project is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or the habitat; and f. The design of the project will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property. 4. Based upon the findings and conclusions set forth in paragraphs 1,2, and 3, above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to all conditions of approval contained in the Planning Commission Resolution Nos. 02-17 and 02-18, attached hereto. CITY COUNCIL RESOLUTION NO. CONDITIONAL USE PERMIT DRC2001-00557 - FORECAST CORPORATION March 6, 2002 Page 3 5. This Council hereby provides notice to Forecast Corporation that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to Forecast Corporation at the address identified in City records. ENGINEERING DEPARTMENT StaffRe rt DATE: March 6, 2002 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Jon A. Gillespie, Traffic Engineer SUBJECT: CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FAClE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN STREET AND AMETHYST AVENUE RECOMMENDATION Approve staff's recommendation to amend Section 10.20.020 of the Municipal Code in order to establish a prima facie speed limit of 40 mph on Wilson Avenue between Carnelian Street and Amethyst Avenue. BACKGROUND/ANALYSIS Wilson Avenue between Carnelian Street and Hellman Avenue is a new street segment that was opened to public traffic in September of 2001. Wilson Avenue between Hellman Avenue and Amethyst Avenue was an existing street segment with a posted speed limit of 40 mph. The purpose of this ordinance is to establish a prima facie speed limit for the newly opened segment of Wilson Avenue and to amend the limits of an existing street segment. City staff conducted an Engineering and Traffic Survey, and determined that the 85~ pementile speed on Wilson Avenue is 42 mph. Therefore, City staff is recommending that a prima facie speed limit of 40 mph be established for Wilson Avenue. Since this is a new street segment, there have been no accidents in prior years. Also, this newly constructed street segment conforms to City design standards, and City staff did not identify any "not readily apparent" conditions that would justify any further reduction in the posted speed limit. dTO CITY COUNCIL STAFF REPORT SUBJECT: CONSIDERATION OF AN ORDINANCE TO ESTABLISH A PRIMA FAClE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETVVEEN CARNELIAN STREET AND AMETHYST AVENUE March 6, 2002 Page 2 Respectfully Submitted, Willia~rfi"J. O'Neil City Engineer W JO:JAG:jag Attachment "A"- Vicinity Map Attachment "B"- Engineering and Traffic Survey ZT/ Wilson Avenue - Carnelian Street to Amethyst Avenue Vicinity Map TRAFFIC AND ENGINEERING SURVEY City of Rancho Cucamonga, Engineering Department Street: WILSON AVENUE Bv: Judv Acosta Date: 11/20/01 From: Carnelian To: Beryl Area Descrinfion Txme of Street Secondarv Distance 2_566 feet tAB mil Vertical Alignment 1% trade Parklnv Restrictions Parkim, 'arohibited Street Width 64 feet No of Lanes & Median 2 Janes each direction with 2-way left: turn Jane Fronting, Development Residential with side street access Average Daily Traffic 2 327 vehicles Sueed Cheek Date 11/20/01 Averaae Sneed Ell: 40 ranh ' WB: 39 nmb 85% Percentile Sneed 42 nmh 42 rnnh 10 Mile Pace 35 - 44 mnh 35 - 44 mnh Accident Records Time Period 1999 & 2000 (2 veara~ Intersection Accidents 0.0 Midblock Accidents 0 0 Accident Rate Expected 1.90 Accident Rate Calculated 0 0 Conditions Not Readily Annarent None Existina Sr~eed Zone Not hosted Proposed Speed Zone 40 rrmh I, DEBRA J. ADAMS, City Clerk of the City of Rancho Cucamonga, hereby certify that the above Traffic and Engineering Study was approved and adopted by the City Council. Debra J. Adams, City Clerk Date The Traffic and Engineepng~rvey prepared under the supervision of: , ~:Gil~espie, P.E. ~p~42156 O~ 73 ROAD: WILSON AVENUE FROM: Carnelian TO: Bell RANCHO CUCAMONGA DATE: 11/20/01 LOCATION: halfway RADAR SURVEY SHEET BEGS: 2:00 END: 3:15 WEATHE~ROAD COND.: cloudy / d~ POSTED S-~-~-~D: NP DIRECTION: Eastbound DIRECTION: Westbound MPH NUMBER OF VEHICLES CUM. MPH NUMBER OF VEHICLES CUM. 5 10 15 20 25 30 3~ # % 5 10 15 20 25 30 3~ # % 50 I I I I I J I I I I I I I I [ I I I I I I I I I I I 501 i i i I I I I I I I I I I I I I I I I I I I [ I I 45,~,~,~,~,~1 illl,,,,,,I,,,,,,,,I,,,,,, ~ 45,~,~,~,x,,,,, xlxlxlxlxlx I I I I I I J r I I I I I i i I I I I I 6 Ixlxlxlx I I I I I i i i I I r i i i i i ixlxlxJxlxl¥1xl I I I I i i i r i i I I I I i i i i I { I i i i 7 ~ Ixl~x I I I I I I I i i i i i i i i i II I I I I I I I I [ I I I 1~ h IXIxIx'xlxIxIxIxlXIxlxlxI~x Illll Illlllrll Ill lZ fi~ IXJxlxlxlxlxlxlxl~ 'rlllllllllllllllllrlllll 40]xlxlxlxlxl~xixlxl~xl I r ] i [ I I I I I I I I I I I I ' I I _~_~ 401xl~xlx,~xlxlxlxlx, I I , , i i i, i i i I , ] I I r I I I I I I 1{ Ixlxlxlxlxlxlxx I I I I I I I I I I I I I I I I a~ Ixlxl~xlxlxlxlxlxlx I I ] I I I I I I I I [xlx, xlxlx, x, , I I I I I I I I I I [ [ I I I I I I , I I I I ~ ixlxl~¥1x,~xlxl¥1¥]xlxlxx I I I I I I I , I , I I I` I [ I I I( Ixlxlx[xlxlxl I I I I ] II I I II I I ri I I I] III I r 2 I~xlxlxl¥1xl~ ~1 r I I I I i i J II I ] t i i I I I r 3~ I xl xl xl xl xl ~ xl xl xl xl i ixlxl¥l¥, [ I i i i i , t r I I I I I I r I I , , I I I I I I I I I I 1. I 35,xlxxxxlxl~xxxxx, i i i i i i , , r i , i i i i i i i i i 12 illllllllllll,ll,li'''" ,,,,,,,,, ,~,,,,,,,,, Il,,,,,,,I 4 ~ ~olI,,,,,,~,,~,,,,,II '''"II,,1111 I,,,,,,~,,,,,,, ,,,11,, ,,,,,l'"~"l ,,,,,,,I,I IIII,,,, I,,,,,,, ,,,,,,,, IIIII'"' '"'" I,,,,,,,, ,I,,,I ,, "~'"'"' '"'"~"1 ~'"" ~'~'"" ,,~,,,,~, '"'"~1 [111111,, ,11,~,,, I,,,,,,I,,,,,,,,,l, ~o ,ll,,,,I,, ,,,,,I,,,I,,,,,,,,111 III'"'"1'""'"',,,,~, ,,,,,,,,, ,,,'"'~"1,,,, Ill Illltlllllll,,,,,~,,,,,,,,,,,I,,, ,,,,,,,,,,,,,,,~,,,,,,,, ,,,,, I I I I I I I I I I I I I I I I I I I I I ~011 I I I I I I I I I I I I I I I I I I I I ~ ~ IIIllllllllllllllllll~lll IIIlllll IIIIIIIIIIIIIIIllll[lllll ,,,,,,, ,,,,,,,,,,,,,,,,,,,,, IIIllllllllllllI Illlll [11 Illll II Illlll ,,~llllllllllllll'"'" ,,,,,,,,,lllll ,,,,,,I, ,,,~,,, II,, ~ TOTAL NUMBER OF VEHICLES 100 N\\%~ TOTAL 15 PERCENTILE SPEED 35 10 MPH PACE: 35 - 44 15 PERCENTILE SPEED 35 10 MPH PACE: 35 - 44 50 PERCENTILE SPEED 40 # OF VEHICLES IN PACE: 90 50 PERCENTILE SPEED 39 # OF VEHICLES IN PACE: 90 85 PERCENTILE SPEED 42 % OF VEHICLES IN PACE: 90 85 PERCENTILE SPEED 42 % OF VEHICLES IN PACE: 90 TRAFFIC AND ENGINEERING SURVEY City of Rancho Cucamonga, Engineering Department Street: WILSON AVENUE Bv: JudvAcosta Date: 11/21/01 From: Beryl St To: Amethvst Ave ~LSONAV ~ ~ Area Descrindon Tyne of Street Secondary Distance 2.700 feet (.50 mi/ Vertical Alimament 1% re'adc Parklno ReslTicfion~ Parkln~, nrohibited Street Width 64 feet No. of Lanes & Median 2 lanes each direction with double vellow centerline Fronting, Develonmellt Residential with side ~treet accegs Average Daily Traffic 2.994 vehicles Soeed Cheek Date I 1/21/01 Average Shoed EB: 38 mnh Wlt: 38 nmh 85% Percentile Shoed 41 mnh 41 mnh 10 Mile Pace 35 - 44 mnh 35 - 44 mnh Accident Records Time Period 1999/2000 r2 vears'l Intersection Accidents 0.0 Midblock Accident~ 0.0 Accident Rate Exnected 1.90 Accident Rate Calculated 0.0 Conditions Not Readily Annarent None Existing Shoed Zone Not Posted Pronosed Soeed Zo~le 40 nmb I, DEBRA J. ADAMS, City clerk of the City of Rancho Cucamonga, hereby certify that the above Traffic and Engineering Study was approved and adopted by the City Council. Debra J. Adams, City Clerk Date ,/t c andf~mgine~,~, urvey prepared under the supervision of: e~ A. (~illespie, P.-Eff~E 42156 tS~ 75 ROAD: WILSON AVENUE FROM: Beryl TO: Amethyst i RANCHOCUCAMON(~A I DATE: 11/21/01 LOCATION: W/o Hellman (Cousins) RADAR SURVEY SHEET SEGIN: 2:30 END: 3:30 WEATHER/RO~AD COND.: cloudy / dry POSTED SPEED: NP DIRECTION: Eastbound DIRECTION: Westbound J NUMBER OF VEHICLES I C M MPHI 5 10 15 20 25 30 34 # ~a NUMBER OF VEHICLES - 65 5 10 15 20 25 30 3,' ss i i __ so - - _~' 15 PERCENTILE SPEED 35 10 MPH PACE: 35 - 44 15 PERCENTILE SPEED 35 10 MPH PACE: 35 - 44 50 PERCENTILE SPEED 38 # OF VEHICLES IN PACE: 92 50 PERCENTILE SPEED 38 # OF VEHICLES IN PACE: 90 85 PERCENTILE SPEED 41 % OF VEHICLES IN PACE: 92 85 PERCENTILE SPEED 41 % OF VEHICLES IN PACE: 90 O ANCE NO. 6g 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING SECTION 10.20.020 OF THE RANCHO CUCAMONGA CITY CODE REGARDING PRIMA FACIE SPEED LIMIT OF 40 MPH ON WILSON AVENUE BETWEEN CARNELIAN STREET AND AMETHYST AVENUE A. Recitals (i) California Vehicle Code Section 22357 Provides that this City Council may, by ordinance, set prima facie speed limits upon any portion of any street not a state highway. (ii) The City Traffic Engineer has conducted an engineering and traffic survey, of certain streets within the City of Rancho Cucamonga which streets as specified in Part B of this Ordinance. (iii) The determinations conceming prima facie speed limits set forth in Part B, below, are based upon the engineering and traffic survey identified in Section A (ii), above. B. Ordinance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: Section 1 Section 10.20.020 hereby is amended to the Rancho Cucamonga City Code to read, in words and figures, as follows: 10.20.020 Decrease of state law maximum speed It is determined by City Council resolution and upon the basis o fan engineering and traffic investigation that the speed permitted by state law is greater than is reasonable or safe under the conditions found to exist upon such streets, and it is declared the prima facie speed limit shall be as set forth in this section on those streets or parts of streets designated in this section when signs are erected giving notice hereof: (Ord. 169 Section I (part), 1982; Ord. 39 Section 5.1, (1978). Rancho Cucamonga 5/82 124 Existing Posted Proposed Prima Facie Name of Street and Limits Speed Limit (mph'} Speed Limit (mph) 1. Wilson Avenue - Carnelian Street NP 40 to Hellman Avenue 2. Wilson Avenue - Hellman Avenue NP 40 to Amethyst Avenue (i) Both sixty-five (65) miles per hour and fifty-five (55) miles per hour are speeds which are more than are reasonable or safe; and ' SPEED LIMIT ORDINANCE Page 2 (ii) The miles per hour as stated are the prima facie speeds which are most appropriate to facilitate the orderly movement of traffic and are speed limits which are reasonable and safe on said streets or portions thereof; and (iii) The miles per hour stated are hereby declared to be the prima facie speed limits on said streets; and (iv) The Traffic Engineer is hereby authorized and directed to install appropriate signs upon said streets giving notice of the prima facie speed limit declared herein. Section 2 The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. Section 3 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Inland Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga. PASSED, APPROVED, and ADOPTED this AYES: NOES: ABSENT: ATTEST: William J. Alexander Debra J. Adams, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Rancho Cucamonga held on the and was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the Executed this , at Rancho Cucamonga, California. Debra J. Adams, City Clerk