HomeMy WebLinkAbout316-A - Ordinances ORDINANCE NO. 316A
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA APPROVING AND ADOPTING AMENDMENT NO. I TO
THE REDEVELOPMENT PLAN FOR THE RANCHO REDEVELOPMENT
-' PROJECT AND REPEALING ORDINANCE NO. 316
WHEREAS, the Rancho Cucamonga Redevelopment Agency Rancho Cucamonga
(the "Agency"), has formulated, prepared and approved Amendment No. I (the
"Amendment No. 1") to the Redevelopment Plan for the Rancho Redevelopment
Project; and
WHEREAS, the Redevelopment Plan was previously approved and adopted by
the City Council of the City of Rancho Cucamonga by its adoption of Ordinance
No. 166 on December 23, 1981; and
WHEREAS, the Planning Commission of the City of Rancho Cucamonga (the
"Planning Commission") has submitted its report and recommendation finding
proposed Amendment No. 1 to the Redevelopment Plan (sometimes hereinafter
collectively referred to as the "Redevelopment Plan") to be in conformity with
the General Plan of the City of Rancho Cucamonga (the "City") and recommending
approval of the proposed Redevelopment Plan; and
WHEREAS, the Agency has previously adopted rules governing
participation and rules for reasonable reentry preferences to property owners,
operators of businesses and tenants in the Rancho Redevelopment project area
(the "Project Area"); and
WHEREAS, pursuant to the requirements of the California Community
Redevelopment Law, the Agency has previously adopted a relocation method or
plan which is to be extended to all persons who may be caused to be displaced
resulting from Agency acquisition of certain property; and
WHEREAS, the Agency submitted to the City Council of the City of
Rancho Cucamonga (the "City Council") the proposed Amendment No. 1; and
WHEREAS, the Agen6~ has submitted its report (the "Report") to City
Council accompanying the Redevelopment Plan to the City Council; and
WHEREAS, after due notice, a joint public hearing has been held by the
Agency and the City Council; and
WHEREAS, all actions required by law have been taken by all
appropriate public agencies; and
Ordinance No. 87-316A
Page 2
WHEREAS, following the joint public hearing, the Agency approved
Amendment No. I and recommended adoption of Amendment No. I to the
Redevelopment Plan to the City Council; and
WHEREAS, to the extent warranted by the proposed Amendment No. I this
Ordinance ~s required to contain the findings required by Section 33367 of the
Health and'Safety Code of the State of California.
NOW THEREFORE, the City Council of the City of Rancho Cucamonga,
California, does hereby ordain as follows:
Section 1. The purposes and intent of the City Council with respect
to approval and adoption of Amendment No. i to the Redevelopment Plan are as
follows:
(a) To increase the amount of tax increment revenue the Agency may
collect in any fiscal (tax) year from $11,255,000 to $100,000,000 and to
increase the amount of outstanding principal of any bonds issued on tax
increment revenues from the Project Area from $50,000,000 to $500,000,000.
(b) To encourage new private sector investment and development within
the Project Area and to provide additional residential housing at affordable
prices and affordable financing terms.
(c) To encourage development of office, industrial, commercial and
permanent uses within the Project Area in order to reinforce, strengthen and
complement economic growth and development in the City.
(d) To provide for construction which in turn will provide short-term
and long-term employment opportunities for local residents.
(e) To mitigate and address the existence of inadequate public
improvements, open spaces, utilities and public facilities with the Project
Area, including but not limited to, flood control, sewer, traffic signal
control and street improvements and to authorize the Agency to finance and
construct the additional public improvements described in the Amendment Nc. 1
to Redevelopment Plan pursuant to Section 33445 of the Health and Safety Code
of the State of California as follows:
(i) Roadway and flood control channels, bridges and traffic
signals and controls.
(ii) Foothill Boulevard improvements and multi-use community and
cultural facili'ties.
(f) To implement the goals and objectives of the General Plan of the
City (the "General Plan").
Ordinance No. 316A
Page 3
Section 2. Amendment Nc. 1 to the Redevelopment Plan for the Rancho
Redevelopment Project is hereby approved and adopted and the Redevelopment
Plan, as amended, is hereby designated as the official Redevelopment Plan for
the Rancho Redevelopment Project of the City of Rancho Cucamonga, and is
incorporated herein by reference and made a part hereof, as if set out fully
herein.
Section 3. The City Council hereby finds and determines that:
(a) For the reasons described in the Redevelopment Plan, the Report
to the City Council and other documentary and visual evidence accompanying the
Redevelopment Plan, including, but not limited to a documentary videotape of
conditions within the Project Area, dated July, 1987, reports and studies of
the Federal Emergency Management Agency, nuisance and building abatement
records of the Building and Safety Division of the City, annual traffic reports
of the City for fiscal years 1985-86 and 1986-87 Statewide Integrated Traffic
Reporting System report dated 1986 and Work Program Records of the Maintenance
Department of the Engineering Division of the City dealing with graffiti, all
of which have been read, reviewed and considered by the City Council and are
incorporated herein by reference and made a part hereof as set forth herein,
Amendment Nc. 1 is necessary to enable the Agency to effectuate the public
purposes declared in the California Health and Safety Code, Section 33000, e_~.t
seq.;
(b) The public improvements authorized to be constructed or financed
pursuant to the Redevelopment Plan are as follows: acquisition, construction
and improvement, including all appurtenances and appurtenant work pertaining to
or related thereto, and all necessary or required work and attendant facilities
and structures to be installed and constructed as public improvements and
public utilities either within or outside the project area of the Redevelopment
Project (the "Project Area"). Such public improvements may include, but are
not limited to, interchanges, overpasses or underpasses, bridges, -streets,
curbs, gutters, sidewalks, street lights, sewers and industrial sewer capacity,
drainage systems, traffic signals and controls, electrical distribution
systems, flood control facilities, natural gas distribution systems, water
supply and distribution systems, fire protection facilities, buildings,
community and cultural facilities, parks, off-street parking, plazas,
playgrounds, landscaped areas, and any other public building, facility,
structure or improvement, in the Project Area as more fully described in the
Redevelopment Plan as amended.
(c) The Redevelopment Plan will redevelop the Project Area in
conformity with the California Health and Safety Code, Section 33000, et seq.
in the interests of the public peace, health, safety, and welfare;
(d) The adoption and carrying out of the Redevelopment Plan is
economically sound and feasible;
(e) The Redevelopment Plan conforms to the General Plan of the City;
Ordinance No. 87-316A
Page 4
(f) The carrying out of the Redevelopment Plan will promote the
public peace, health, safety, and welfare of the City of Rancho Cucamonga and
will effectuate the purposes and policies of the California Health and Safety
Code, Section 33000, et seq;
(g) The condemnation of real property, as provided for in the
Redevelopment Plan, is necessary to the execution of the Redevelopment Plan and
adequate provisions have been made for payment for property to be acquired as
required by law;
(h) The Agency is authorized by California Health and Safety Code
Section 33445 to pay all or part of the value of the land for and the cost of
the installation and construction of any building, facility, structure, or
other improvement which is publicly owned either within or without the Project
Area necessary to carry out this plan. It is contemplated that acquisition of
property and the installation and construction of the buildings, facilities and
structures set forth in the Redevelopment Plan or other improvements may be
undertaken as part of this Redevelopment Plan. The Agency and the City have
determined that such buildings, facilities, structures or other improvements,
are available to the community of Rancho Cucamonga.
(i) The Agency and City Council have considered the following methods
of financing the necessary public improvements.
1. Federal and State assistance programs;
2. General revenue financing;
3. General obligation bond issues;
4. Joint powers agreements with the Agency, the City and/or a
nonprofit corporation.
5. General fund appropriations from the City of Rancho
Cucamonga;
6. User fees;
7. Developer participation through public-private negotiations;
8. A nonprofit corporation acting on behalf of the City of
Rancho Cucamonga and sale and lease-back financing;
9. Assessment district financings;
10. Development fees;
11. Tax allocation bonds or other legal means of financing the
improvements available to the Agency; and
Ordinance No. 316A
Page 5
12. Sales tax revenues.
(j) The City Council hereby finds that it may seek to pay all costs
of the value of land and the cost of the installation and construction of any
facility, structure or other improvement as specified in the Redevelopment Plan
which i.s publicly owned either inside or outside the Project for the following
reasons':
(a) That such facilities, structures or other improvements as
specified in the Redevelopment Plan are of benefit to the Project
Area; and
(b) That no other reasonable means of financing such public
facilities, structures or other improvements as specified in the
Redevelopment Plan are available to the City other than to permit the
Agency to construct or finance said public improvements in whole or in
part with the proceeds of bonds which may be issued from time to time
by the Agency or with the pledge or other use of tax increment
revenues or other revenues that area available to the Agency for such
purposes.
(k) The effect of tax increment financing will not cause a
significant financial burden or detriment on any taxing agency deriving
revenues from the Project Area for the reasons set forth in the Agency's
response to the Document Entitled "Deficiencies of the Project Plan and
Environmental Impact Report as Related to the Five School Districts Serving the
Rancho Project Area and Recommendations Regarding Mitigation" and as discussed
in the Report and Agency staff reports, which discussions are incorporated
herein by reference, and by further reason of the fact that Cucamonga School
District is currently deriving significant revenues for District operations and
capital improvements by reason of the existing agreement between the Ontario
Redevelopment Agency and the Cucamonga School District, dated July 9, 1985.
(1) The findings set forth herein are those findings required by
Section 33367 of the California Health and Safety Code in that they
are, warranted by Amendment No. 1 to the Redevelopment Plan.
Section 4. The Redevelopment Plan provides for the expenditure of
money by the City in carrying cut the Redevelopment Plan, and authorizes the
City to financially assist the Agency by way of loans, grants, or other
financial assistance. The City Council hereby provides that such financial
assistance to the Agency shall be made from time to time as the City Council
shall determine to be necessary, and that all such financial assistance shall
be deemed to be loans to the Agency based on terms to be established by an
agreement between the City and Agency, unless the City Council shall provide in
specific cases that such assistance shall be treated other than as a loan.
Ordinance No. 87-316A
Page 6
Section 5. In order to implement and facilitate the effectuation of
the Redevelopment Plan hereby approved and adopted, it is found and determined
that certain official actions must be taken by the City Council with reference,
among other things, to changes in zoning, the location and relocation of sewer
and water mains and other public facilities and other public action, and
accordingly,, the City Council hereby:
(a) Declares its intention to undertake and complete any
proceedings necessary to be carried out by the City of Rancho
Cucamonga under the provisions of the Redevelopment Plan; and
(b) Requests the various officials, departments, boards, and
agencies of the City having administrative responsibilities for the
City likewise to cooperate to such end and to exercise their
respective functions and powers in a manner consistent with the
Redevelopment Plan.
Section 6. The City Council finds that pursuant to Section 33334.2 of
the California Health and Safety Code, the use of tax revenues by the Agency
outside of the Project Area for purposes of increasing and improving the
community's supply of low and moderate income housing for persons and families
of low or moderate income will benefit the Project Area.
Section 7. The City Council is convinced that the effect of tax
increment financing will not cause a significant financial burden or detriment
on any taxing agency deriving revenues from the Project Area.
Section 8. A full and fair public hearing having been held on the
Redevelopment Plan, as stated in the recitals herein, and the City Council
having considered all evidence and testimony for and against the adoption of
the Redevelopment Plan and all written and oral objections thereto, and this
City Council being fully advised in the premises, all written and oral
objections to the Redevelopment Plan hereby are overruled.
Section 9. The City Clerk hereby is directed to send a certified copy
of this ordinance to the Agency, and the Agency is hereby vested with the
responsibility for carrying out the Redevelopment Plan.
Section 10. The City Clerk hereby is directed to record with the
County Recorder of San Bernardino County a description of the land within the
Project Area and a statement that the proceedings for the redevelopment of the
Project Area have been instituted under the California Health and Safety code,
Section 33000, et seq. The Agency hereby is directed to effectuate recordation
in compliance with the provisions of Section 27295 of the Government Code to
the extent applicable.
Ordinance No. 316A
Page 7
Section 11. The Community Development Department through the Building
and Safety Division is hereby directed for the two year period after the
effective date of this ordinance to advise all applicants for building permits
within the Project Area that the site for which a building permit is sought for
the construction of buildings or for other improvements is within a
Redevelopment Project Area.
Section 12. The City Clerk is hereby directed to transmit a copy of
the description and statement recorded pursuant to Section 33373 of the Health
and Safety code of the State of California, a copy of this Ordinance and a map
or plat indicating the boundaries of the Project Area to the Auditor and Tax
Assessor of the County of San Bernardino; to the officer or officers performing
the functions of auditor or assessor for any taxing agencies which, in levying
or collecting its taxes, do not use the County Assessment Roll or do not
collect its taxes through the County; to the governing body of each of the
taxing agencies which levies taxes upon any property in the Project Area and to
the State Board of Equalization. Such documents shall be transmitted as
promptly as practicable following the adoption of this Ordinance, but in any
event, such documents shall be transmitted within 30 days following the
adoption of the Redevelopment Plan.
Section 13. 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 Daily Report, a newspaper of general circulation published
in the City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
Section 14. Ordinance No. 316 is hereby repealed effective
immediately.
PASSED, APPROVED and ADOPTED, this 13th day of August, 1987.
AYES: Buquet, Stout, Wright
NOES: None
ABSENT: Brown, King ~~
Dennis L. Stout, Mayor
ATTEST:
~ever~ly A.<uthe~l~~ C1 erk
Ordinance No. 87-316A
Page 8
I, BEVERLY A. AUTHELET, 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 Cucamon!)a held on the 6th
day of August, 1987, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the 13th day of August, 1987.
Executed this 14th day of August, 1987 at Rancho Cucamonga,
California.
Beverly A/. Authelet, City Clerk
Ordinance Mo. 316A
Page 9
RANCHO CUCAMONGA REDEVELOPMENT AGENCY
RANCHO REDEVELOPMENT PROJECT
AMENDMENT NO. 1
AGENCY BOARD OF DIRECTORS
Dennis L. Stout, Chairman
Deborah Brown
Charles J. Buquet, II
Jeffrey King
Pamela J. Wright
PLANNING COMMISSION
E. David Baker, Chairman
Suzanne Chitiea
Bruce Emerick
Larry McNeil
Peter Tolstoy
CITY/AGENCY STAFF
Lauren M. Wasserman, Executive Director
Jack Lam, Deputy Executive Director
Jim Hart, Treasurer
Linda D. Daniels, Senior Redevelopment Analyst
Olen Jones, Redevelopment Analyst
Ordinance No. 316A
Page 10
CITATION INDEX
California Health and Redevelopment Plan
Safety Code Section Number Section Number
33331 311
33332 Appendix A
33333 312, 313,314, 321,322
330, et seq.
33333.2 211,505
33334 501
33334.1 505
33334.2 505
33334.3 505
33334.5 231
33335 251
33336 252
33337 252
33338.1 205
33339 211,212
33339.5 211,213
33340 211
33341 501,503
33342 201
33343 501
33344 301
33345 211
33400-33402 205
33410-33411,33411.1 221,223,402
33412 221
33413-33413.5 231,402
33420 231,242
33435-33436 252,341
33443 251
33445 232
33450-33458 603
.i.
Ordinance No. 316A
Page 11
TABLE OF CONTENTS
I. INTRODUCTION 1
(100) REDEVELOPMENT AUTHORITY AND PURPOSE 1
(101) Authority 1
(102) Project Objectives 1
(103) Definitions 2
H. REDEVELOPMENT IMPLEMENTATION 4
(200) PROPERTY ACQUISITION AND MANAGEMENT 4
(201) Acquisition of Real Property 4
(202) Acquisition of Personal Property 5
(203) Property Management 5
(210) PARTICIPATION BY OWNERS AND TENANTS 6
(211) Participation Priorities 6
(212) Opportunities for Owners and Tenants 7
(213) Re-Entry Preferences for Owners and Tenants 8
(214) Participation Agreements 8
(220) RELOCATION OF PERSONS, FAMILIES
AND BUSINESSES 9
(221) Relocation Assistance 9
(222) Relocation Payments 9
(223) Temporary Relocation Housing 10
(230) DEMOLITION, CLEARANCE, PUBLIC
IMPROVEMENTS AND SITE PREPARATION 10
(231) Demolition and Clearance 10
(232) Public Improvements 11
(233) Temporary Public Improvements 14
(234) Building Site Preparation 14
(240) REHABILITATION AND CONSERVATION OF
STRUCTURES 14
(241) Rehabilitation of Structures 14
(242) Moving of Structures 15
-ii-
Ordinance No. 316A
Page 12
(250) REAL PROPERTY DISPOSITION AND
DEVELOPMENT 15
(251) General Requirements 15
(252) Disposition and Development Documents 16
(253) Development by Participants 16
{254) Development by Agency 17
(255) Personal Property Disposition 17
HI. DEVELOPMENT IN THE PROJECT AREA 18
(300) AGENCY COOPERATION WITH OTHER
JURISDICTIONS 18
(301) Agency/City Cooperation 18
(302) Cooperation With Other Public Jurisdictions 19
(310) LAND USES FOR THE PROJECT AREA 20
(311) Conformance to City's General Plan 20
(312) General Commercial Uses 20
(313) Residential Uses 21
(314) Industrial Uses 21
(320) PUBLIC USES FOR THE PROJECT AREA 21
(321) Public Street Layout, Rights-of-Way
and Easements 21
(322) Semi-Public, Institutional, and NonProfit Uses 22
(330) DEVELOPMENT STANDARD,q 22
(331) Conformance With This Plan 22
(332) New Construction 22
(333) Incompatible Uses 22
(334) SubdiVision or Consolidation of Parcels 23
(335) Limitation of Building Density 23
(336) Limitation on Type, Size and Height
of Buildings 23
(337) Open Space, Landscaping, and Parking 23
(338) Light, Air and Privacy 24
(340) DEVELOPMENT REQUIREMENTS 24
(341) Nondiscrimination and Nonsegregation 24
(342) Minor Variations 25
-iii-
Ordinance No. 316A
Page 13
IV. LOW AND MODERATE INCOME HOUSING 27
(400) AGENCY OBLIGATIONS 27
(401) 20% Requirements 27
(402) Low and Moderate Income Housing
Replacement 27
V. PROJECT FINANCING 29
(500) FINANCING MECHANISMS AND LIMITATIONS 29
(501) General Description of the Proposed
Financing Method 29
(502) Tax Increments 29
(503) Issuance of Bonds and Notes 31
(504) Loans and Grants 31
(505) Financing and Limitations 31
(506) General Method of Financing the
Redevelopment Project 33
VI. SPECIAL ADMINISTRATIVE PROVISIONS 36
(600) ENFORCEMENT AND DURATION OF PLAN 36
(601) Enforcement 36
(602) Duration 36
(603) Procedure for Amending Plan 36
Exhibits
Appendix - Legal Description
'iv'
Ordinance No. 316A
Page 14
L INTRODUCTION
(100) REDEVELOPMENT AUTHORITY AND PURPOSE
(101) Authority
This Redevelopment Plan (hereinafter "Plan") for the Rancho
Redevelopment Project Amendment No. 1 was prepared by the Rancho Cucamonga
Redevelopment Agency in accordance with the California Community
Redevelopment Law, California Health and Safety Code Section 33000 et seq., and
all applicable laws and ordinances.
.The basis for this Plan is the Preliminary Plan formuli~ted and adopted by the
Planning Commission on August 12, 1981 by Resolution No. 8193 and the
Redevelopment Plan adopted and approved by the Rancho Cucamonga City Council
on December 23,1981 by Ordinance No. 166.
(10 2) Project Objectives
Redevelopment is most commonly used in the clearance of
dilapidated areas. However, the California Redevelopment Law recognizes that
blighting conditions are not limited to dilapidated buildings which cause a serious
burden to the community and which cannot be reasonably expected to be reversed or
alleviated by private enterprise acting alone. Redevelopment has also been used to
eliminate economic blight which includes the elimination of conditions which have
led to underntilization or disuse of, or a lack ofprivate investment in the area.
Rancho Cucamonga is experiencing major physical deterrents to growth due, in
particular, to the existence of inadequate flood control public improvements, as well
as a lack of public facilities, open spaces, and utilities which cannot be remedied by
private or governmental action without redevelopment. At the present time, the
Rancho Redevelopment Project Area is characterized by properties which suffer from
economic dislocation, deterioration, or disuse because of a prevalence of depreciated
values, impaired investments, and social and economic maladjustment due, in part,
to the existence of lots or other areas which are subject to being submerged by water.
It is anticipated that the Redevelopment Plan can eliminate the existing conditions
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Ordinance No. 316A
Page 15
causing a reduction of, or lack of, proper utilization of the Rancho Redevelopment
Project Area to the extent that such conditions will no longer constitute a serious
physical, social, or economic burden on the economy. These conditions cannot
reasonably be expected to be reversed or alleviated by private enterprise acting
alone without redevelopment. (See Assessment of Conditions Report).
The implementation of these various redevelopment activities will be carried out in
accordance with this Redevelopment Plan which details the development standards,
the project implementation methodology and the methods of project financing.
(103) Definitions
The following definitions will govern in the e6ntext of this Plan unless
otherwise stipulated herein:
~Agencv" means the Rancho Cucamonga Redevelopment Agency.
~Area Median Income~ means the median household income of a
geographic area of the State, as adjusted for family size as determined by
the Agency.
"City" means the City of Rancho Cucamonga, California.
~City Council~ means the City Council of the City of Rancho Cucamonga,
California.
~County" means the COunty of San Bernardino, California.
~Legal Description" means a description of the land within the Project
Area prepared in accordance with map specifications approved by the
California State Board of Equalization.
"Low or Moderate Income" means persons and families whose income does
not exceed 120% of the area median income as defined by California
Health and Safety Code Section 50093.
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Ordinance No. 316A
Page 16
"Occupant" means the persons, families, or businesses holding possession
ora building or part ora building (as an apartment or office).
"person" means any individual, or any public or private entity.
"Plan" means the Redevelopment Plan for the Rancho Redevelopment
Project Amendment No. 1, in the City of Rancho Cucamonga, California.
"Planning Commission" means the Planning Commission of the City of
Rancho Cucsmonga, California.
''Project Area" means the area included within the boundaries of the
Rancho Redevelopment Project Area as depicted on the maps and legal .
description attached hereto.
"Redevelopment Law" means the Community Redevelopment Law of the
State of California (California Health and Safety Code, Sections 33000 et
seq.), as amended to date.
"State" means any state agency or instrumentality of the State of
California.
"Tenant" means a persons or group of persons who rents or otherwise is in
lawful possession of a dwelling or business, including a sleeping room
which is owned by another.
'W'e .ry Low Income" means persons and fsmilies whose incomes do not
exceed the qualifying limits for very low income facilities as defined in
California Health and Safety Code Section 50105 and established
pursuant of Section 8 of the United States Housing Act of 1937, or in the
event such federal standards become obsolete, persons and families whose
incomes do not exceed 50% of the median income, as estimated by the
Agency from time to time, for the area in which the housing units in
question are located.
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Ordinance No. 316A
Page 17
II. REDEVELOPMENT IMPLEMENTATION
(200) PROPERTY ACQUISITION AND MANAGEMENT
(201) Acquisition ofReal Prooert¥
The Agency may for purposes of redevelopment, purchase,
lease, obtain option upon, acquire by gift, grant, bequest, devise, or any other lawful
means any real or personal property, any interest in property, and any
improvements on it ifa determination is made by the Agency that such acquisition is
necessary to implement this Plan. Such acquisition does not include the
employment of condemnation nor eminent domain proceedings, pursuant to Section
33342 and 33391(b) of the California Health and Safety Code, except as provided for
in Section 211 ofthis Redevelopment Plan.
The Agency may also acquire property already devoted to a
public use, but property of a public body shall not be acquired without its consent.
The Agency is authorized to acquire structures without
acquiring the land upon which those structures are located. The Agency is also
authorized to acquire any other interest in real property less than full fee title.
Properties may not be acquired by the Agency through the use
of eminent domain if any of the following conditions exist:
a. The real property is to be retained by an owner pursuant
to a Participation Agreement and the owner fully
performs under that agreement. Furthermore, the
Agency shall not acquire through use of eminent domain,
property owned by owners who have entered into and are
performing under an Owner Participation Agreement as
more specifically explained in the Participation by
Owners and Tenants section of this Plan.
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Ordinance No. 316A
Page 18
b. The real property is owned by public bodies which do not
consent to such acquisition. The Agency is authorized,
however, to acquire public property transferred to private
ownership before the project is completed, unless the
Agency and the private owner enter into a Participation
Agreement and the owner completes his responsibilities
under such an agreement.
c. The real property is included within either the Terra
Vista Planned Community or the Victoria Planned
Community and is planned for residential use.
(202) Acquisition of Personal Property
Generally, personal property shall not be acquired. However,
where necessary for the execution of this Plan, the Agency is authorized to acquire
personal property in the Project Area by any lawful means.
(203) Prooert¥ Management
During such time as property in the Project Area is owned by
the Agency, such property shall be under the management and control of the
Agency. Such property may be maintained, managed, operated, repaired, cleaned,
rented or leased to an individual, fzmily, business or other appropriate entity by the
Agency pending is disposition for redevelopment.
The Agency shall maintain all Agency-owned property that is
not to be demolished in a reasonably safe and sanitary condition. Furthermore, the
Agency may insure against risks or hazards, any of the real or personal property
which it owns. In accordance with Section 33401 of the California Health and Safety
Code, the Agency may in any year during which it owns property in the Project Area
pay directly to any city, county, city and county district, including, but not limited to,
a school district, or any other public corporation for whose benefit a tax would have
been levied upon such property had it not been exempt, an amount of money in lieu
of taxes.
-5-
Ordinance No. 316A
Page 19
The Agency is not authorized to own and operate rental
property acquired and rehabilitated in prospect of resale, beyond a reasonable period
of time necessary to effect such resale.
The Agency may also pay to any taxing agency with territory
located within the Project Area other than the community which has adopted the
project, any amount of money which the Agency determines is appropriate to
alleviate any financial burden or detriment caused to any taxing agency by the
redevelopment project.
(210) PARTICIPATION BY OWNERS AND TENANTS
(211) Participation Priorities
Participation opportunities shall necessarily be subject to and
limited by such factors as the land uses designated for the Project Area: the provision
of public facilities, realignment of streets; the ability of owners to finance acquisition
and development of structures in accordance with this Plan; and any change in the
total number of individual parcels in the Project Area.
In order to provide an opportunity to owners and tenants to
participate in the growth and development of the Project Area, the Agency has
promulgated rules for owner and tenant participation.t If conflicts develop between
the desires of participants for particular sites or land uses, the Agency has
established reasonable priorities and preferences among the owners and tenants.
Some of the factors considered in establishing the priorities and preferences included
present occupancy, participant's length of residency or occupancy in the area,
accommodation of as many participants as possible, similar land use to similar land
use, conformity of participants' proposals with the intent and objectives of this
Redevelopment Plan, ability to finance the implementation, development experience
Owner Participation Rules adopted by the Redevelopment Agency of the City of Rancho Cucamonga
by Resolution No. RA-81-9 adopted on November 4, 1981.
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Ordinance No. 316A
Page 20
and total effectiveness of each participant's proposal in providing a service tn the
community.
Owner participation priorities shall take effect at the time that
this Redevelopment Plan is adopted by the Rancho Cucamonga City Council.
In addition to opportunities for participation by individual
persons and firms, participation to the extent it is feasible shall be available for two
or more persons, firms or institutions, to join together in partnerships, corporations,
and other joint entities.
Opportunities to participate shall be provided first to owners
and tenants in the Project Area (if any) without competition with persons and firms
from outside the Project Area. Secondary participation opportunities will be granted
to owner occupants relocating within the Project Area in accordance with and as a
result of Plan implementation. Third level priority shall be afforded existing
tenants relocating within the Project Area in accordance with and as a result of Plan
implementation. Last priority shall be accorded to firms and persons from outside
the Project Area.
Except as limited by Sections 201 a. and 201 c. of this Plan, if
an owner/participant fails to perform as mutually agreed between the Agency and
the owner, then the Agency shall have the authority to acquire the subject real
property by any legal means including eminent domain proceeding pursuant to
Section 33391(b) of the Health and Safety Code as an alternative to effectuate the
purposes of this Plan. Such eminent domain proceedings, if employed to acquire
property in the Project Area for purposes under this Plan's Section (211), shall be
instituted in accordance with Section 33333.2 of the Health and Safety Code within
12 years of the adoption of this Plan, except that an extension to this time limit is
permissible by amendment of this Plan.
(212) Participation Opportunities for Owners and Tenant~
Persons who are owners of residential, business and other
types of real property in the Project Area shall be given the opportunity to
participate in redevelopment by retaining all or a portion of their properties, by
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Ordinance No. 316A
Page 21
acquiring adjacent or other properties in the Project Area, or where the Agency
deems appropriate, by selling their properties to the Agency and purchasing other
properties in the Project Area.
The Agency specifically intends to limit acquisition of real
property to those properties which are essential to accomplishing the objectives of
this Plan. Persons who own property within the Project Area shall be afforded ample
opportunities to retain and develop or rehabilitate their properties consistent with
the objective of this Plan.
(213) Re-Entry Preferences for Owners and Tenants
The Agency shall extend preferences to persons who are
engaged in business in the Project Area to re-enter into business within the Project
Area, if they otherwise meet the requirements prescribed in this Plan. The Agency
shall also extend preferences to Project Area tenants, if any, to re-enter within the
Project Area if they otherwise meet the requirements prescribed in this Plan.
Business, residential, institutional and semipublic tenants shall be perm/tted, if
they so desire, to purchase and develop real property in the Project Area if they
otherwise meet the requirements prescribed in this Plan.
(214) Participation Agreements
At the Agency's option each participant may be required to
enter into a binding agreement with the Agency by which the participant agrees to
develop, rehabilitate, or use the property in conformance with this Plan and be
subject to the provisions in the Participation Agreement. In such agreements,
participants who retain real property shall be required to join in the recordation of
such documents as is necessary to make the provisions of this Plan applicable to
their properties.
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Ordinance No. 316A
Page 22
(220) RELOCATION OF PERSONS, FAMIL~W,S AND BUSLNESSES
(221) Relocation Assistance
The Agency shall assist all persons (including families,
business concerns, and others) displaced from the Project Area in accordance with a
relocation method or plan as required in Section 33411 through Section 33411.4 of
the Community Redevelopment Law.
Before actual displacement occurs, the Agency will assure that
within a reasonable period of time, there will be available comparable, decent, safe,
and sanitary housing sufficient to meet the needs of the displacees and which are
available at prices they can afford. The available housing may be located inside or
outside the Project Area, but in any case, will be reasonably located.
Permanent housing facilities shall be made available within
three years from the time occupants are displaced and that' pending the development
of such facilities there will be available to such displaced occupants adequate
temporary housing facilities at rents comparable to those in the community at the
time of their displacement.
Business and institutional site occupants will be interviewed
to determine their relocation needs and preferences, provided appropriate
informational material, assisted in preparing relocation claims and assisted in
finding other suitable locations within or outside the Project Area.
(222) Relocation Payments
The Agency shall make relocation payments to persons
(including families, business concerns, and others) displaced by the project, for
moving expenses and direct losses of personal property (businesses only) for which
reimbursement or compensation is not otherwise made. In addition, the Agency will
reimburse owners for certain settlement incurred in the sale of their property to the
Agency, and make additional relocation payments to those eligible therefore. Such
relocation payments shall be made pursuant to the Relocation Method adopted by
the Agency. The Agency may make such other payments as may be appropriate and
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Ordinance Mo. 316A
Page 23
for which funds are available. The Agency shall make all reasonable efforts to
relocate individuals, families, and commercial and industrial establishments within
the Project Area.
(223) Temporary Relocation Housing
The Agency is authorized to provide temporary relocation
housing on cleared sites within the Project Area. Such action by the Agency would
be to provide additional safe, standard and decent relocation housing resources for
families and businesses within the Project Area prior to permanent disposition and
development of such cleared sites. If feasible and desirable, the Agency may also
utilize sites outside the Project Area for providing relocation housing resources. The
Agency is also authorized to provide temporary relocation housing in houses
acquired by the Agency that are being held for sale and/or rehabilitation.
(230) DEMOLITION, CLEARANCE, PUBLIC IMPROVEMENTS
AND SITE PREPARATION
(231) Demolition and Clearance
The Agency is authorized to demolish and clear or move, or
cause to be demolished and cleared or moved, buildings, structures, and other
improvements from any real property in the Project Area as necessary to carry out
the purposes of this Plan.
If in implementing this Plan any dwelling units housing
persons and fsmilies of low or moderate income are destroyed or removed from low
and moderate income housing market as part of the Redevelopment Project, the
Agency shall, within four years of such destruction or removal, rehabilitate, develop,
or reconstruct, or cause to be rehabilitated, developed, or constructed, for rental or
sale to persons and families of low or moderate income an equal number of
replacement dwelling units at affordable costs within the Project Area or within the
territorial jurisdiction of the Agency, in accordance with all of the provisions of
Sections 33413 and 33423.5 of the California Health and Safety Code.
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Ordinance No. 316A
Page 24
(232) Public Improvements
The Agency is authorized by California Health and Safety
Code Section 33445 to pay all or part of the value of the land for and the cost of the
installation and construction of any building, facility, structure, or other
improvement which is publicly owned either within or without the Redevelopment
Project Area necessary to carry out this plan. It is contemplated that acquisition of
property and the installation and construction of the following buildings, facilities,
structures, or other improvements, may be undertaken as part of this
Redevelopment Plan:
1. Day Creek/Etiwanda Creel~
These improvements would consist of the 'construction of adequate
headworks to intercept the storm flows northerly of the Project
Area, along with the necessary channels through the Project Area
and an adequate outlet for the storm flows downstream of the
Project Area.
2. 1-15 Foothill Boulevard Interchsnge
The development of the Project Area, will require the upgrading of
Foothill Boulevard/I-15 Interchange to adequately provide for traffic
as outlined in the City's Traffic Plan.
3. 1-15 Seventh Street Interchange
This interchange is necessary for the orderly growth of the area and
will serve the cities of Rancho Cucamonga and Ontario in addition
to the Project Area.
4. Comoletion of drainage system per
City's Master Planofstorm drains
To eliminate flooding Day/Etiwanda Creek and Deer drainage
areas, it is necessary to construct an adequate drainage system to
collect the storm waters and discharge into the appropriate creek.
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Ordinance Mo. 316A
Page 25
5. Milliken Avenue Grade Separation at the Atchison, Topeka
& Santa Fe Railroad
Milliken Avenue is a major planned north-south street to serve the
Project Area and cities of Rancho Cucamonga and Ontario. The
ultimate development of the street requires a grade separation at
the Atchison Topeka & Santa Fe crossing.
6. Haven Avenue Grade Separation at Atchison Topeka
& Santa Fe Railroad
Haven Avenue is a major north south street within the Project Area
that also serves the cities of Rancho Cucamonga and Ontario. The
grade separation at the Atchison Topeka & Santa Fe railroad is vital
for traffic safety on this street.
7. Deer Creek Bridges
The city's wide traffic analysis indicates the need to widen the
proposed bridges across Deer Creek at 6th .Street, Milliken Avenue,
Church Street and Baseline Road. Other bridges may also be needed
to accommodate future development.
8. Traffic Signal & Controls
The traffic projections within and through the Project Area will
require the construction of a coordinated traffic signal system on the
major arteries. The following proposed streets should be signalized
to provide smooth coordinated traffic flow: Haven Avenue, Baseline
Road, east of Haven Avenue, Milliken Avenue, Foothill Blvd.,
Arrow Route, 6th Street, Fourth Street, Etiwanda Avenue, and Day
Creek Boulevard. Other traffic signals may also be needed to
accommodate future development.
9. Other City Program
A. Hellman Avenue, widening at Foothill Blvd., drainage
protection and traffic signals.
B. Turner Avenue, signals at Foothill Blvd., widening and
correction of drainage.
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Ordinance No. 316A
Page 26
C. Turner Avenue at Atchison Topeka & Santa Fe Railroad
crossing, widening and correction ofdrainage deficiencies.
D. Arrow Route, Archibald to Haven Avenue, widening.
E. Etiwanda Avenue, 7th Street to Arrow Route, reconstruction
and widening.
F. Church Street, Center Avenue to Haven Avenue, street
widening.
G. Development of parks and recreation areas and facilities
within the Project Area.
10. City/County Administrative Civic Center
Construction of onsite and offsite public improvements, including,
but not limited to, streets, roadways, storm drains, sanitary sewers,
water system, and all other pertinent public improvements
necessary to provide service for a central jail fadlity, located within
the City of Rancho Cucamonga.
11. Water System
Upgrade water system to provide service for additional
developments.
12. Sewer System
Current sewer treatment plant does not have adequate capacity for
additional developments.
13. Industrial Sewer Tanks
Additional capacity necessary for industrial development.
14. Fire Protection Facilities
Due to the expected increase in population and development, four
proposed fire stations are to be located within the Project Area; one
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Ordinance No. 316A
Page 27
within the Victoria Plan Community, one within the Terra Vista
Planned Community and two within the Industrial Specific Plan.
15. Improvements Added by Amendment No.1
Construction of improvements to Foothill Boulevard and
construction of multi-use community and cultural facilities at
locations to be determined.
The Agency and the City have determined that such buildings,
facilities, structures, or other improvements are of benefit to the Project Area or the
immediate neighborhood in which the project is located, and that no other
reasonable means of financing such buildings, facilities, structures or other
improvements, are available to the community of Rancho'Cucamonga.
(233) Temporary Public Improvements
The Agency is authorized to install and construct or cause to be
installed and constructed temporary public improvements and temporary public
utilities necessary to carry out the Plan. Such temporary public improvements shall
include, but are not limited to, streets, public facilities and utilities. Temporary
utilities may be installed above ground.
(234) Building Site Preparation
The Agency is authorized to prepare or cause to be prepared as
building sites any real property in the Project Area owned by the Agency.
(240) REHABILrrATION AND CONSERVATION OF STRUCTURES
(241) Rehabilitation of Structures
The Agency is authorized to rehabilitate and conserve or cause
to be rehabilitated and conserved any building or structure in the Project Area
owned by the Agency. The Agency is also authorized and directed to advise,
encourage, and assist in the rehabilitation and conservation of property in the
Project Area not owned by the Agency.
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Ordinance No. 316A
Page 28
The Agency and the City may conduct a rehabilitation
program to encourage owners of property within the Project Area to upgrade and
maintain their property consistent with City codes and standards developed for the
Project Area. Properties may be rehabilitated provided that rehabilitation and
conservation activities on a structure are carried out in an expeditious manner and
in conformance with this Plan.
(242) Moving of Structures
As is necessary in carrying out this Plan and where it is
economically feasible to so do, the Agency is authorized to move or cause to be moved
any standard structure or building when it can be rehabilitated to a location within
or outside the Project Area.
(250) REAL PROPERTY DISPOSITION AND DEVELOPM~.NT
(251) General Requirements
For the purpose of this Plan, the Agency is authorized to sell,
lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed
of trust, or otherwise dispose of any interest in real property. The Agency shall lease
or sell all real property acquired by it in the Project Area, except property conveyed
by it to the community.
All real property acquired by the Agency in the Project Area
shall be sold or leased for development at prices which shall not be less than fair
market value for uses permitted under this Plan except when a lesser consideration
is necessary to effectuate the purposes of this Plan. Property containing buildings or
structures rehabilitated by the Agency shall be offered for resale within one year
after completion of rehabilitation or an annual report concerning such property shall
be published by the Agency as required by Section 33443 of the California Health
and Safety Code.
All purchasers or lessees of property in the Project Area shall
be obligated to use the property for the purposes designated in this Plan, to begin and
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Ordinance Mo. 316A
Page 29
complete development of the property within a period of time which the Agency fixes
as reasonable, and to comply with other conditions which the Agency deems
necessary to carry out the purposes of this Plan.
(252) Disposition and Development Documents
To provide adequate safeguards ensuring that the provisions of
this Plan will be carded out and to prevent the recurrence of blight, all real property
sold, leased, or conveyed by the Agency shall be made subject to the provisions of this
Plan by lease, deeds, contracts, agreements, declarations, provisions of the zoning
ordinance, conditional use permits, or other lawful means. Where determined
appropriate by the Agency, such documents or portions thereof shall be recorded in
the Office of the Recorder of the County of San Bernardino.
The leases, deeds, contracts, agreements, and declarations of
restrictions may contain restrictions, covenants, convenants, covenants running
with the land, rights of reverter, conditions subsequent, equitable servitudes, or any
other provisions necessary to carry out this Plan.
All deeds, leases, or contracts for the sale, lease, sublease, or
other transfer of any land in a redevelopment project shall contain the provisions
and nondiscrimination clauses prescribed in Section 33435 and 33436 of the
Redevelopment Law.
(253) Development by Participants
Pursuant to the provisions of this Plan and the rules adopted
by the Agency, the Agency shall, as appropriate, offer real property in the Project
Area for purchase and development by owner participants and tenant participants
who have appropriately expressed an interest in participating prior to the time that
real property is made available for purchase and development by persons who are
not owners or tenants in the Project Area.
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Ordinance No. 316A
Page 30
(254) Development by Agency
To the extent now or hereafter permitted by law, the Agency is
authorized to pay for, develop, or construct any buildings, facilities, structures, or
other improvements either within or outside the Project Area for itself or for any
public body or entity ifa determination is made that such improvements would be of
benefit to the Project Area and that no other reasonable means of financing such
construction is ava/lable to the community. During the period of development in the
Project Area, the Agency shall ensure that the provisions of this Plan and other
documents formulated pursuant to this Plan are being observed, and that
development in the Project Area is proceeding in accordance with development
documents and time schedules.
The Agency shall require that development plans (whether
public or private) conform to the requirements of this Plan, City's General Plan and
zoning ordinances as well as all other local requirements formulated pursuant to this
Plan. In order to insure that the requirements of this Plan are carried out, the
Agency may, as it deems necessary, require that development plans (whether public
or private) shall be submitted to it for review and approval. All development must
conform this Plan and all applicable federal, state and local laws as amended from
time to time, and must receive the approval of appropriate reviewing public
agencies.
(255) Personal Property Disposition
For purposes of this Plan, the Agency is authorized to sell,
lease, exchange, transfer, assign, pledge, encumber, or otherwise dispose of personal
property that has been acquired by the Agency.
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Ordinance No. 316A
Page 31
III. DEVELOPMENT IN THE PROJECT AREA
(300) AGENCY COOPERATION WITH OTHER JURISDICTIONS
(301) Agency/City Cooperation
Subject to any limitation in law, the City will aid and
cooperate with the Agency in carrying out this Plan and may take any further action
necessary to insure the continued fulfillment of the purposes of this Plan and to
prevent the recurrence or spread of .blight or those conditions which caused the
blight in the Project Area. Actions by the City may include, but are not necessarily
limited to, the following:
--- Institution and completion of proceedings for opening, closing, vacating,
widening, or changing the grades of streets, alleys, and other public
rights-of-way, and for other necessary modifications of the streets, the
street layout, and other public rights-of-way in the Project Area. Such
action by the City may include the abandonment and relocation of public
utilities in the public right-of-way necessary to carry out this Plan.
--- Institution and completion of proceedings necessary for changes and
improvements in publicly-owned public utilities within or affecting the
Project Area.
--- Revisions to the General Plan and zoning as necessary within the Project
Area to permit the land uses and development authorized by this Plan.
--- Imposition wherever necessary of appropriate design controls within the
limits of this Plan upon parcels in the Project Area to ensure their proper
development and use.
Provision of administration/enforcement of this Plan by the City after
development
--- Performance of the above, and of all other functions and services relating
to public health, safety, and physical development normally rendered in
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Ordinance No. 316A
Page 32
accordance with a schedule which will permit the redevelopment of the
Project Area to be commenced and carried to completion without
unnecessary delays.
--- The initiation and completion of any other proceedings necessary to carry
out the project.
The Agency is authorized, but not obligated, to provide and
expend funds to ensure the completion of the project as a whole in accordance with
this Plan. The obligation of the Agency to perform the actions indicated in this
section shall be contingent upon the continued availability of funding for this project
primarily from tax increment revenues as defined in Section 502 hereof. However,
the Agency may utilize any legally available sources of ~evenue for funding projects
in accordance with this Plan.
(302) Cooperation With Other Public Jurisdictions
Certain public bodies are authorized by state law to aid and
cooperate, with or without consideration, in the planning, construction, or operation
of this project. The Agency shall seek the aid and cooperation of such public bodies
and shall attempt to coordinate this Plan with the activities of such public bodies in
order to accomplish the purposes of redevelopment and the highest public good.
The Agency, by law is not authorized to acquire real property
owned by public bodies without the consent of such public bodies. However, the
Agency will seek the cooperation of all public bodies which own or intend to acquire
property in the Project Area. Any public body which owns or leases property in the
Project Area will be afforded all the privileges of owner and tenant participation if
such public body is willing to enter into a participation agreement with the Agency.
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Ordinance No. 316A
Page 33
(310) LAND USES FOR THE PROJECT AREA
(311) Conformance to City's General Plan
Exhibit 1 and the legal description attached as Appendix A
and incorporated herein illustrate the Project Area boundaries and immediately
adjacent streets.
The proposed land uses as described in the following sections
conform to the General Plan and also conform to existing specific and Community
Plans which have been adopted for certain portions of the Project Area. (See Exhibit
2 for General Plan and Proposed Land Uses.) The Redevelopment Plan's main
purpose is to facilitate the provision of needed public, improvements and thereby .
enables development of underutilized areas by providing feasible financing
mechanisms. All of the proposed redevelopment activities conform to the General
Plan and more specifically, conform to all elements of the General Plan which
include: land use, circulation, housing, conservation, open space, seismic safety,
noise, community design (includes scenic highways) and safety elements. All
elements in the General Plan contain objectives for achieving established goals, the
implementation of which will be enhanced by the Redevelopment Plan.
(312) General Commercial Uses
The lack of adequate commercial uses within the Project Area
has made the City aware of the need for additional commercial locations in this area.
The commercial uses are generally located along Foothill Boulevard. Vacancies and
deteriorated structures have caused shoppers to move to newer locations to do their
shopping. Therefore, new general commercial land uses are designated for the
corner of Haven Avenue and Arrow Route, along Foothill Boulevard and in the
vicinity of Day Creek and Foothill Boulevard. A regional shopping center planned to
be located in the vicinity of the Devote Freeway/Foothill Boulevard Interchange
anticipates adequate provision for sufficient retail commercial space within the
proposed Project Area. The retention of existing commercial uses contemplates the
revitalization and reoccupancy of the area.
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Ordinance No. 316A
Page 3 4
(313) Residential Uses
The Housing Element of the Rancho Cucamonga General Plan
indicates the need for providing affordable housing within the City. It is anticipated
that the development of residential uses of approximately 17,800 units in the Project
Area will go forward with a minimum of Agency involvement. The Agency will
minimize the use of tax increment funds in favor of other financing techniques or
revenues if the use of such alternative means does not compromise the Agency's
objectives for the Project Area.
(314) Industrial Uses
The entire southern portion of the-Pioject Area contains 5,000
acres which comprise the industrial portion of the City. Major portions of this
industrial area are within the flood hazard area which serves as a major impediment
to development. Overall development guidelines for this area are contained in the
Industrial Specific Plan.
(320) PUBLIC USES FOR THE PROJECT AREA
(321) Public Street Layout, R/ghts-of-Way and Easemen~_-q
The public rights-of-way, easements, and principal streets
proposed or existing in the Project Area are shown on Exhibit 3, Proposed Plan
Objective Map.
Such streets and rights-of-way may be widened, altered,
abandoned, vacated, or closed by the Agency and the City as necessary for proper
development of the Project. Additional public streets, alleys and easements may be
created by the Agency and the City in the Project as needed for proper circulation.
The public rights-of-way shall be used for vehicular and
pedestrian traffic as well as for public improvements, public and private utilities,
and activities typically found in public rights-of-way. In addition, all necessary
easements for public uses, public facilities, and public utilities may be retained and
created.
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Ordinance No. 316A
Page 35
(322) Semi-Public, Institutional, and Nonprofit Uses
In any portion of the Project Area the Agency is authorized to
permit the establishment or enlargement of semi-public, institutional and nonprofit
uses. All such uses shall conform so far as possible with the provisions of this Plan
applicable to the uses in the special area involved. The Agency shall impose such
other reasonable restrictions as are necessary to protect the development and use of
the Project Area.
(330) DEVELOPMENT STANDARDS
(331) Conformance With This Plan
All real property in the Project Area is hereby made subject to
the controls and requirements of this Plan. No real property shall be developed,
rehabilitated, or othervAse changed after the date of the adoption of this Plan except
in conformance with the provisions of this Plan. In order to insure that the
requirements of this Plan are carried out, the Agency may, as it deems necessary,
require that development plans (whether public or private) shall be submitted to it
for review and approval.
(332) New Construction
All construction in the Project Area shall comply with and
meet or exceed all applicable state and local laws in effect as amended from time to
time including, but not necessarily limited to, fire, building, electrical, zoning,
plumbing, sign and subdivision codes of the City of Rancho Cucamonga.
(333) Incompatible Uses
No use or structure shall be permitted in any part of the
Project Area which would be incompatible with the surrounding areas, structures or
uses because of appearance, traffic, smoke, glare, noise, odor, or similar factors.
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Ordinance No. 316A
Page 36
(334) Subdivision or Consolidation of Parcels
No parcels in the Project Area, including any parcels retained
by a participant, shall be subdivided or consolidated without the prior approval of
the Agency. In order to insure that the requirements of this Plan are carried out, the
Agency may as it deems necessary, require that development plans (whether public
or private) shall be submitted to it for review and approval.
(335) Limitation of Building Density
The number of buildings in the Project Area will be consistent
with building intensities permitted pursuant to existing local ordinances or
resolutions for the City of Rancho Cucamonga.
(336) Limitation on Type, Size and Height of Buildings
The height, type and size of buildings shall be limited by
applicable state statutes and local building and zoning codes and other applicable
codes and ordinances as amended from time to time and this Plan. Where a conflict
exists between such local codes and ordinances and specific provisions of this Plan,
this Plan shall supersede.
All new buildings constructed within the Project Area shall
complement the overall aesthetic and physical scale of the existing buildings, if any,
adjacent to the Project Area.
(337) Open Space, Landscaping, and Parking
The Rancho Cucamonga General Plan provides for open space
in the form of parks, median strips, recreational areas, school grounds, public rights-
of-way and areas created by building set-back requirements and limits on land
coverage. The approximate amount of open space to be provided in the Project Area
is the total of all these areas.
Within the Project Area, both public and private streets and
public and private parking shall be provided for in each development consistent with
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Ordinance No. 316A
Page 37
or exceeding City codes and ordinances in effect and as amended from time to time.
Any private streets or off-street parking must also comply with regulations imposed
by this Plan.
(338) Light, A.ir and Privacy
In all areas sufficient space shall be maintained between
buildings and structures and the densities of such buildings and structures shall be
restricted to provide adequate light, air, and privacy.
(340) DEVELOPMENT REQUIREMENTS
(341) Nondiscrimination and Nonsegregation
Restricting the rental, sale or lease of property on the basis of
race, color, religion, sex, marital status, ancestry or national origin of any persons by
lessees and purchasers of real property acquired in redevelopment projects and
owners of property improved as a part of a redevelopment project is prohibited.
Redevelopment agencies, in accordance with Sect/on 33435 of the California Health
and Safety Code shall obligate said lessees and purchasers to refrain from
discriminatory practices.
In accordance with Section 33436 of the California Health and
Safety Code, leases and contracts which the Agency proposes to enter into with
respect to the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of
any real property in the Project Area shall include the following provisions:
In deed the following language shall appear: "The grantee herein
covenants by and for himself, his heirs, executors, administrators, and
assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of
persons on account or race, color, creed, religion, sex, marital status,
national origin, or ancestry in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the premises herein conveyed, nor
shall the grantee himself or any person claiming under or through him,
establish or permit any such practice or practices of discrimination or
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Ordinance No. 316A
Page 38
segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the
premises herein conveyed. The foregoing covenants shall run with the
land."
In leases the following language shall appear: 'The lessee herein
covenants by and for himself, his heirs, executors, administrators, and
assigns, and all persons claiming under or through him, and this lease is
made and accepted upon and subjected to the following conditions:
There shall be no discrimination against, or segregation of, any person or
group of persons, on aCcount of race, color, creed, religion, sex, marital
status, national origin, or ancestry, in the leasing, subleasing,
transferring, use, occupancy, tenure or enjoyment of the premises herein
leased nor shall the lessee him~lf, or any person claiming under or
through him, establish or permit any such practice or practices of
discrimination or segregation with reference to the selection, location,
number, use of occupancy of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
In contracts entered into by the Agency relating to the sale, transfer, or
leasing of land or any interest therein acquired by the Agency within any
Survey Area or Redevelopment Project Area the foregoing provisions in
substantially the forms set forth shall be included and such contracts
shall further provide that the foregoing provisions shall be binding upon
and shall obligate the contracting party or parties and any subcontracting
party or parties, or other transferees under the instrument.
(342) Minor Variations
Under exceptional circumstances, the Agency is authorized to
permit minor variations from the limits, restrictions, and controls established by
this Plan. In order to permit such minor variations, the Agency must determine
that:
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Ordinance No. 316A
Page 39
-- The strict application of the provisions of the Plan would result in
practical difficulties or unnecessary hardships inconsistent with the
general purpose and intent of this Plan.
-- There are exceptional circumstances or conditions applicable to the
property or to the intended development of the property which do not
generally apply to other properties having the same standards,
restrictions and controls.
-- Permitting a minor variation will not be materially detrimental to the
public welfare or injurious to the property or improvements within or
outside the Project Area.
-- Permitting a minor variation will not be contrary to the objectives of this
Plan.
No minor variation shall be granted which permits substantial
departure from the provisions of this Plan. In permitting any such minor variation,
the Agency shall impose such conditions as are necessary to protect the public
health, safety, or welfare, and to assure compliance with the purposes of this Plan.
Nondiscrimination and nonsegregation clauses shall not be subject to minor
variation
No minor variation permitted by the Agency shall be effective
until conditional use permits, variances, or changes in zoning requirements, if any,
have been effectuated by the City to the extent necessary to obtain consistency with
such minor variations permitted bY the Agency.
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Ordinance No. 316A
Page 40
IV. LOW AND MODERATE INCOME HOUSING
(400) AGENCY OBLIGATIONS
(401) 20% Requirement
Not less than 20 percent of all taxes allocated to the Agency
pursuant to Section 33670 of the California Health and Safety Code (subject to the
findings as set forth in Section 502 of this Redevelopment Plan) shall be used by the
Agency for the purposes of increasing and improving the City's supply of housing for
persons and families of low-or moderate-income. The Agency has determined that it
may use these funds inside or outside the Rancho Redevelopment Project Area. The
Agency and the City have found that such use will be of benefit to the Rancho
Redevelopment Project and that the provision of low-and moderate-income housing
outside the Rancho Redevelopment Project Area will be of benefit to the project.
(402) Low-and Moderate-Income Housing Replacement
In carrying out the activities contemplated in the
Redevelopment Plan, it may become necessary, from time to time, for the Agency to
enter into various agreements, such as an agreement for acquisition of real property,
an agreement for the disposition and development of property, or an Owner
Participation Agreement, which would lead to the destruction or removal of dwelling
units from the low-and moderate-income housing market. Not less than 30 days
prior to the execution of such an agreement, the Agency shall adopt by resolution a
Replacement Housing Plan which shall include the general location of the
replacement housing, an explanation of the means for financing the replacement
housing, a finding that the replacement housing does not require the approval of the
voters pursuant to Article XXXIV of the California Constitution or that such
approval has been obtained, the number of dwelling units housing persons or
families of low-or moderate-income planned for construction or rehabilitation and a
timetable for meeting the Plan's relocation, rehabilitation and replacement housing
objectives. A dwelling unit whose replacement is required by Section 33413 of the
California Health and Safety Code, but for which no Replacement Housing Plan has
been prepared, shall not be removed from the Iow-and moderate-income housing
market.
-27 -
Ordinance No. 316A
Page 41
For a reasonable period of time prior to adopting a
Replacement Housing Plan, the Agency shall make available a draft of the proposed
Plan for review and comments by the Project Area Committee (if any), other public
agencies, and the general public.
- 28 -
Ordinance No. 316A
Page 42
V. PROJECT FINANCING
(500) FINANCING MECHANISMS AND LIMITATIONS
(501) General Description of the Proposed Financing Method
Upon adoption of this Plan by the City Council, the Agency if it
deems appropriate, is authorized to finance this project with assistance from the City
of Rancho Cucamonga, San Bernardino County, State of California, United States
Government, any other public agency, property tax increments, interest revenue,
income revenue, Agency issued notes and bonds, or from any other available sources
of financing which are legally available and do not conflict with the objective of this
Plan.
The City may supply advances and expend money as
necessary to assist the Agency in carrying out this project. Such assistance shall be
on terms established by an agreement between the City of Rancho Cucamonga, and
the Rancho Cucamonga Redevelopment Agency.
(502) Tax Increments
Pursuant to Section 33670 of the California health and Safety
Code, all taxes levied upon taxable property within the Rancho Redevelopment
Project Area each year by or for the benefit of the State of California, County of San
Bernardino, City of Rancho Cucamonga, any district, or other public corporation
(hereinafter sometimes called "taxing agencies") after the effective date of the
ordinance approving this Redevelopment Plan, shall be divided as follows:
-- That portion of taxes which would be produced by the rate upon which the
tax is levied each year by or for each of the taxing agencies upon the total
sum of the assessed value of the taxable property in the redevelopment
project as shown upon the assessment roll used in connection with the
taxation of such property by such taxing agency, last equalized prior to
the effective date of such ordinance, shall be allocated to and when
collected shall be paid into the funds of the respective taxing agencies as
taxes by or for said taxing agencies on all other property are paid (for the
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Ordinance No. 316A
Page 43
purpose of allocating taxes levied by or for any taxing agency or agencies
which did not include the territory in a redevelopment project on the
effective date of such ordinance but to which such territory has been
annexed or otherwise included after such effective date, the assessment
roll of the County of San Bernardino last equalized on the effective date of
the ordinance shall be used in determining the assessed valuation of the
taxable property in the project on said effective date); and
-- that portion of the levied taxes each year in excess of such amount shall be
allocated to and when collected shall be paid into a special fund of the
Redevelopment Agency to pay the principal of and interest on loans,
monies, advanced ~o, or indebtedness (whether funded, refunded,
assumed, or otherwise) incurred by such Redevelopment Agency to
finance or refinance, in whole or in part; such redevelopment project.
Unless and until the total assessed valuation of the taxable property in a
redevelopment project exceeds the total assessed value of the taxable
property in such project as shown by the last equalized assessment roll
referred to above, all of the taxes levied and collected upon the taxable
property in such redevelopment project shall be paid into the funds of the
respective taxing agencies. When such loans, advances and indebtedness,
if any, and interest thereon, have been paid, all monies thereafter
received from taxes upon the taxable property in such redevelopment
project shall be paid into the funds of the respective taxing agencies as
taxes on all other property are paid.
-- That portion of taxes discussed in this Subsection is hereby irrevocably
pledged for the payment of the principal of and interest on the advance of
monies, or the making of loans, or the incurring of any indebtedness
(whether funded, refunded, assumed, or otherwise) by the Agency to
finance or refinance in whole or in part in Rancho Redevelopment Project.
-- The Agency is authorized to make such pledges as to specific advances,
loans, and indebtedness as appropriate in carrying out the project, subject
to the limitations on allocation of taxes, debt creation, and bonded
indebtedness contained in this Subsection.
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Ordinance No. 316A
Page 44
-- Taxes levied in a Project Area and allocated to the Agency as provided in
Section 33670 of the California Health and Safety code may be used
anywhere within the territorial jurisdiction of the Agency to finance the
construction or acquisition of public improvements which will enhance
the environment of a residential neighborhood containing housing for
persons and families of low or moderate income, and public improvements
which will be of benefit to the Project Area with the additional restriction
that public improvements shall be limited to street improvements; water,
sewer, and storm drain facilities; and neighborhood parks and related
recreational facilities.
(503) Issuance of Bonds and Notes
The Agency may issue bonds or notes when a determination
has been made that such financing is required and feasible. Such bonds or notes
shall be issued only after the Agency has determined that funds are, or will be,
available to repay principal and interest when due and payable. In any case, the
issuance of bonds or notes shall be subject to the limitations stipulated in Section 505 -
below.
(504) Loans and Grants
Any other loans, grants, or financial assistance from the
United States, or any other public or private source will be utilized subject to the
limitations of Section 505 below as the Agency deems appropriate to its purposes.
(505) Financing Limitations
Consistent with Section 33333.2 and 33334.2 of the California
Community Redevelopment Law, the following limitations are imposed on this Plan:
-- Taxes as defined in Section 33670 of the California Community
Redevelopment Law shall not be divided and shall not be allocated to the
Agency in excess of $100,000,000 during any one fiscal (tax) year except
by amendment of this Plan.
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Ordinance No. 316A
Page 45
-- No loans, advances, or indebtedness to finance in whole or in part the
Rancho Redevelopment Project, and to be repaid from the allocation of
those taxes described in the before-mentioned Section 33670 shall be
established or incurred by the Agency beyond twenty (20) years from the
date of adoption of this Plan by the City Council unless the time
limitation is extended by amendment of this Plan. However, such loans,
advances or indebtedness may be repaid over a period of time longer than
such time limit.
-- From time to time as may be appropriate, the Agency may issue bonds
and/or notes for any of its corporate purposes. The Agency may issue such
types of bonds on which the principal and interest are payable in whole or
in part from tax increments. The total outstanding principal of any
bonds, so issued and repayable from said tax increments, shall not exceed
$500,000,000 at any one time except by Amendment of this Plan.
Not less than 20% of all taxes which are allocated to the Agency pursuant
to Section 33670 shall be held in a separate low and moderate income
housing fund and used by the Agency for the purposes of increasing and
improving the community's supply of housing for persons and families of
low or moderate income, as defined in Health and Safety Code Section
50093 and very low income households as defined in Section 50105, unless
one of the following findings are made:
a. That no need exists in the community, the provision of which would
benefit the Project Area to improve or increase the supply of low-or
moderate-income housing; or
b. That some stated percentage less than 20% of the taxes which are
allocated to the Agency pursuant to Section 33670 is sufficient to
meet such housing need; or
c. That a substantial effort to meet low-and moderate-income housing
needs in the community is being made, and that this effort,
including the obligation of funds currently available for the benefit
of the community from state, local, and federal sources for low- and
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Ordinance No. 316A
Page 46
moderate-income housing alone or in combination with the taxes
allocated, under this section, is equivalent in impact to the funds
otherwise required to be set aside pursuant to this section. The City
Council of the City shall consider the need that can be reasonably
foreseen because of displacement of persons and faxnilies of Iow or
moderate income or very low income households from within or
adjacent to the Project Area, because of increased employment
opportunities, or because of any other direct or indirect result of
implementation of this Plan.
The Agency may use such tax funds inside the Project Area, or,
upon resolution of the Agency and the City Council that such use will be of benefit to
the Project, outside the Project Area. Unless the City Cotincil finds before this Plan
is adopted, that the provision of low and moderate income housing outside the
Project Area will be of benefit to the Project, the Project Area shall include property
suitable for low and moderate income housing.
(506) General Method of Financing the Redevelopment Proiect
A. Tax Allocation Financing
The primary source of funds for financing the major public
improvements within the redevelopment project are expected to be from the issuance
of Tax Allocation Bonds. During the earlier years of the redevelopment project,
shorter term bonds or notes with terms of perhaps two to three years will be
considered for issuance based upon tax increment revenue anticipated to be
generated from initial developments which may be in progress and expected
developments pursuant to agreements with developers.
Construction of public improvement projects will be phased to
correspond with the availability of funds. As the development phase of the
redevelopment project progresses, larger and longer term bonds will be issued to
permanently finance the major public improvements.
As an alternative and supplementary to tax allocation bond
financing for the construction of public buildings, which will benefit the
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Ordinance No. 316A
Page 47
Redevelopment Project Area, the Redevelopment Agency could issue Lease Revenue
Bonds or Lease Participation backed by the City's agreed lease payments to the
Agency for use of the public buildings.
B. Mortgage Revenue Bonds
To facilitate the development of affordable housing and attract
families with spendable income which will in turn improve the economic base of the
Redevelopment Project Area, Mortgage Revenue Bonds will be considered for
issuance to provide below market interest rate loans for new home buyers. The
construction of new residences will further augment the tax base for issuing the
required Tax Allocation Bonds discussed above.
C. Conduit Financing
There are several financial mechanisms available through the
Agency which could facilitate and may determine the economic feasibility of
industrial, commercial and public facilities. As they become viable given the
economic conditions then prevailing, the Agency could issue the following:
1. Commercial Revenue Bonds - for commercial uses which are
integral to the neighborhood.
2. Industrial Development Bonds - primarily for manufacturing uses.
3. Certificates of Participation Financing
D. Federal Funding Programs
The Agency will seek Urban Development Action Grants,
Community Development Block Grants, and Economic Development Program funds
to finance the redevelopment project in concert with the previously discussed sources
&financing.
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Ordinance No. 316A
Page 48
E. Special Assessment Financing
This method is already employed by the City of Rancho
Cucamonga and will continue to be employed as appropriate.
F. Community Facilities Districts
This method is already employed by the City of Rancho
Cucamonga and will continue to be employed as appropriate.
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Ordinance Mo. 316A
Page 49
VI. SPECIAL ADMINISTRATIVE PROVISIONS
(600) ENFORCEMENT AND DURATION OF PLAN
(601) Enforcement
Upon adoption, the administrative enforcement of this Plan or other
documents implementing this Plan shall be performed by the City and/or Agency, as
appropriate.
The provisions of this Plan or other documents entered into
pursuant to this Plan may also be enforced by court litigation instituted by either the
Agency or the City. Such remedies may include but are not limited to specific
performance, damages, reentry, injunctions, or any other remedies appropriate to
the purposes of this Plan. In addition, any recorded provisions which are expressly
for the benefit of owners of property in the Project Area may be enforced by such
owners.
(602) Duration
Except for the nondiscrimination and nonsegregation provisions
which shall run in perpetuity, the provisions of this Plan shall be effective and the
provisions of other documents, formulated pursuant to this Plan may be made
effective for 40 years from the date of adoption ofthis Plan by the City Council.
(603) Procedure for Amending Plan
This Plan may be amended by means of the procedure established in
Section 33450-33458 of the Redevelopment Law or by any other procedure hereafter
established by Law.
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Ordinance No. 316A
Page 50
Ordinance No. 316A
Page 51
A P P E N D ! X - LEGAL DESCRIPTION
- 37 -
Ordinance No. 316A
Page 52
Ordinance No. 316A
Page 53
RANCHO REDEVELOPMENT PROJECT AREA
LEGAL DESCRIPTION
That real property in the City of Rancho Cucamonga, County of San Bernardino,
State of California, described as follows:
Beginning at the intersection of the centerline of Highland Avenue, 60 feet
wide, State Highway No. 190, and.the East line of Hanley Avenue, 30 feet wide;
thence Easterly, 1,320 feet, more or less, along said centerline of Highland
Avenue, to the Northerly Projection of the Easterly line of that certain parcel,
shown in San Bernardino County Assessor's Map Book 227, Page 03, Block 031,
as Parcel 2, the same being the Northerly projection of the Westerly line of Lot
2, Block I, of the Etiwanda Colony Land Subdivision, C.S. File 474, recorded in
Book 2, Page 24; thence Southerly along a line parallel to said East line of
Hanley Avenue and its Southerly projection, along the Westerly line of Lots 2,
7, 10, and 15, Block I, Lots 2, 7, 10, 15, Block J, Lots 2, 7, 10, and 15, Block S, of
said Etiwanda Colony Lands Subdivision, further described as Southerly, along
the Northerly projection and Easterly line of said Parcel 2, continuing
Southerly along the Easterly line of Parcel 9 in said County Assessor's Map
Book 227, Page 03, Block 031, continuing Southerly along the Easterly line of
Parcel 2 in said County Assessor's Map Book 227, Page 04, Block 041,
continuing Southerly along the Easterly line of Parcel 13, shown in said
County Assessor's Map Book 227, Page 04, Block 041, to the Northerly line of
Victoria Avenue, 66 feet wide; thence Southerly, across said Victoria Avenue,
along the Northerly projection and Easterly line of Parcel 3, shown in said
County Assessor's Map Book 227, Page 10, Block 101, continuing Southerly
along said Parcel 3, continuing Southerly along the Southerly projection and
easterly line of Parcel I in said County Assessor's Map Book 227, Page 10,
Block 101, to the Northerly line of the Southern Pacific Railroad right-of-way,
100 feet wide; thence continuing Southerly, 1,420 feet, along the Northerly
projection and the Easterly line of Parcel 17, shown in said County Assessor's
Map Book 227, Page 11, Block 111, to the Northerly line of Baseline Avenue, 66
feet wide; thence continuing Southerly along the Southerly projection of the
East line of said Parcel 17, along the Easterly line of Parcels 8, 9, 20, and the
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Ordinance No. 316A
Page 54
Southerly projection of said parcels, shown in said Assessor's Map Book 227,
Page 17, Block 171, to the Westerly projection of the centerline of Miller
Avenue, 66 feet wide; thence S 89° 41' 50" E, along said centerline of M~iller
Avenue, to the centerline of Etiwanda Avenue, 80 feet wide; thence Southerly
along the said centerline of Etiwanda Avenue, to the Southerly City boundary
line of said City of Rancho Cuc-monga, said City Boundary also being the
Northerly City boundary of the City of Ontario, and the centerline of Fourth
Street, 120 feet wide; thence Westerly, along said City boundary line, to the
centerline of Archibald Avenue, 100 feet wide; thence Northerly, along the said
centerline of Archibald Avenue, to the centerline of Feron Boulevard, 68 feet
wide; thence S 89° 50' 10" E, 2663.17 feet, along said centerline of Feron
Boulevard, to the centerline of Turner Avenue, 80 feet wide; thence Northerly
along said centerline of Turner Avenue, to the Westerly projection of the South
line of Tract No. 9337, recorded in Map Book 134, Pages 65 and 66, in the Office
of the Recorder of said County, said Southerly line being 132 feet, more or less,
Southerly of the centerline of Devon Street, 60 feet wide; thence S 89° 27" 36' E,
822.74 feet, along said Westerly projection and South line of Tract No. 9337, to
the East line of said Tract No. 9337; thence N 0° 08' 34" W, 979.86 feet, along
said East line of Tract No. 9337, to the North line of said Tract No. 9337; thence
N 89° 19' 32"W, 822.32 feet, along said North line of Tract No. 9337, to the said
centerline of Turner Avenue, thence Northerly, along said centerline of Turner
Avenue, to the centerline of Foothill Boulevard, 110 feet wide; thence
S 89° 35' 40" W, 1329.57 feet, along said centerline of Foothill Boulevard, to
the Northerly projection of the East line of Ramona Avenue, 55 feet wide;
thense S 0° 07' 00' E, 340 feet, more or less, along said East line of Ramona
Avenue, to the Easterly projection of the South line of an alley, 20 feet wide;
thence S 89° 54' 40' W, 937.78 feet, more or less, along said Westerly projection
and South line of the alley, said South line also being the North line of Lots No.
101 through 115 of Tract No. 3054, recorded in Map Book 54, Pages 14 and 15,
in the Office of the Recorder of said County; thence N 44° 03' 20" W, 167.11 feet,
continuing along said South line of the alley; thence S 89° 56' 00" W, 275.89
feet, to the centerline of said Archibald Avenue; thence S 0° 05' 20" E, 121 feet,
more or less, along said centerline of Archibald Avenue, to the Easterly
projection ofthe South line of an alley, 10 feet wide, said South line of the alley
also being the North line of Tract No. 5121, recorded in Map Book 64, Page 18,
in the Office of the Recorder of said County; thence S 89° 59' 07" W, 1338.26
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Ordinanc~ No. 316A
Page 55
feet, along said North line of Tract No. 5121, to the West line of said Tract No.
5121; thence S 0° 03' 12" E, 331.04 feet, along said West line of Tract No. 5121,
to the North line of Tract No. 9083-1, recorded in Map Book 129, Pages 11
through 13, in the Office of the Recorder of said County; thence S 89° 58' 44" W,
1338.33 feet, along said North line of Tract No. 9083-1, and continuing along
the Westerly projection and North line of Tract no. 9083-2, recorded in Map
Book 130, Pages 14, and 15, in the Office of the Recorder of said County, to the
centerline of Hellman Avenue, 74 feet wide; thence N 89° 40' 22" W, along the
North line of Tract No. 9617, recorded in Map Books 137, Pages 56 through 59,
in the Office of the Recorder of said County, and continuing along the Westerly
projection of said North line of Tract No. 9617, to the Southerly projection of the
centerline of San Diego Avenue; thence Northerly, along the said Southerly
projection and centerline of San Diego Avenue, to a tine parallel with the said
centerline of Foothill Boulevard and 524 feet Northerly of said centerline of
Foothill Boulevard; thence Easterly, along said line parallel with the
centerline of Foothill Boulevard, to the centerline of carnelian Avenue, 60 feet
wide; thence Northerly, along said centerline of Carnelian Avenue, to the
centerline of San Bernardino Road, 60 feet wide; thence S 88° 06' 00" E, 1500.02
feet, along said centerline of San Bernardino Road, to the Northerly projection
of the West line of Tract No. 9297, recorded in Map Book 130, Pages 65 and 66,
in the Office of the Recorder of said County; thence S 14° 33' 28" W, 162.40,
along said Northerly projection and West line of Tract No. 9297; thence
S 0° 12' 37' W, 314.89 feet, along the West line of said Tract 9297, to the South
line of said Tract No. 9297; thence S 89° 46' 53" E, 1185 feet, along said South
line of Tract 9297, to the centerline of Hellman Avenue, 63 feet wide; thence
N 0° 08' 14' E, 438.71 feet, along said centerline of Hellman Avenue, to the said
centerline of San Bernardino Road; thence S 87° 56' 00" E, 2000.00 feet, along
said centerline of San Bernardino Road, to the centerline of Klusman Avenue,
66 feet wide; thence S 0° 08' 00' W, 385 feet, more or less, along said centerline
of Klusman Avenue, to the centerline of Estacia Street, 50 feet wide; thence
Easterly, 676.25 feet, more or less, along said centerline of Estacia Street, to
the said centerline of Archibald Avenue; thence Northerly, 345 feet, more or
less, along said centerline of Archibald Avenue, to the Westerly projection of
the North line of Tract No. 9409, recorded in Map Book 135, Pages 85 through
87, in the Office of the Recorder of said County; thence N 89° 05' 36" E, 667.88
feet, more or less, along said Westerly projection and North line of
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Ordinance No. 316A
Page 56
Tract No. 9409; thence N 0° 03' 07" W, 677.05 feet; thence S 89° 56' 53" W,
667.88 feet, to the said centerline of Archibald Avenue; thence N 0° 03' 48" W,
676.89 feet, along said centerline of Archibald Avenue; thence N 89° 57' 15" E,
663.44 feet; thence N 0° 06' 21" W, 505.81 feet; thence N 89° 57 38" E, 230.77
feet; thence N 0° 6' 21" W, 185 feet, to the centerline of Church Street, 88 feet
wide; thence Easterly, 465.91 feet, along said centerline of Church Street, to
the Centerline of Ramona Avenue, 66 feet; thence S 0° 08' 53~ E, 2044.96 feet,
more or less, along said centerline of Rsm_ona Avenue, to the Easterly
projection of the North line of said Tract No. 9409; thence N 89° 05' 36" W,
664.36 feet, along said North line of Tract No. 9409, and continuing along the
boundary lines of said Tract No. 9409, through the following bearings and
distances:
S O0° 15' 13' E, 10.62 feet;
S 89° 56' 25" W, 289.25 feet;
S 00° 03' 56' E, 496.76 feet;
N 89° 55' 32" E, 288.51 feet;
N 89° 56' 23' E, 348.51 feet;
Northeasterly, 105.45 feet;
N 00° 08' 28' W, 15.00 feet;
thence N 89° 55' 45' E, 232.87 feet, to the said centerline of Ramona Avenue;
thence N 0° 08' 28' W, 416.75 feet, along said centerHne of RAmona Avenue, to
the Westerly projection of the South line of Tract 9422-1, recorded in Map Book
137, Pages 10 through 13, in the Office of the Recorder of said County; thence
N 89° 56' 52' E, 664.67 feet, along said South line of Tract 9422-1, to the West
line of Tract 9153 recorded in Map Book 130, Pages 22 through 24, in the Office
of the Recorder of said County; thence S 0° 11' 25' E, 330 feet, more or less,
along said West line of Tract No. 9153, to the South line of said Tract No. 9153;
thence N 89° 36' 14" E, 664.97 feet along said South line of Tract No. 9153, to
the centerline of Turner Avenue, 66 feet wide; thence N 0° 14' 30" W, 330.97
feet, along said centerline of Turner Avenue, to the Westerly projection of the
South line of Tract 5591, recorded in Map Book 67, Pages 61 and 62, in the
Office of the Recorder of said County; thence S 89° 30' 45" E, 689.32 feet, along
said Westerly projection and South line of Tract 5591, to the South line of Tract
5592, recorded in Map Book 69, Pages 38 and 39, in the Office of the Recorder of
- 45 -
Ordinance No. 316A
Page 57
said County; thence continuing S 89° 30' 45" E, 1947.42 feet, along the Easterly
projection and South line of Tract No. 5592, recorded in Map Book 69, Pages 38
and 39, in the Office of the Recorder of said County, to the centerline of Haven
Avenue, 66 feet wide; thence Northerly, 6260 feet, more or less, along said
centerline of Haven Avenue, to the North r/ght-of-way line of the Southern
Pacific Railroad, 80 feet wide; thence Easterly, 2098.25 feet, along the said
North line of Southern Pacific Railroad right-of-way, to the Westerly line of a
flood control easement, 100 feet wide; thence Northeasterly, 4084 feet, more or
less, along the Westerly line of said flood control easement, to the centerline of
said Highland Avenue, thence Easterly, along said centerline of Highland
Avenue, to the Point of Beginning.
EXCEPTIONS
Except for the following described parcel;
Beginning at the intersection of the centerline of Baseline Avenue, 120 feet
wide, and the centerline of Rochester Avenue, 50 feet; thence Southerly, 5042
feet, more or less, along said centerline of Rochester Avenue; thence Easterly,
903.40 feet; thence Northerly, 947.10 feet, to the South line of Effen Street, 60
feet wide; thence Easterly, 27.55 feet, along said South line of Effen Street, to
the Southerly projection of the East line of Parcel 2, recorded in Book 227, Page
28, in the Office of the Recorder of said County; thence Northerly, 4089.18 feet,
to the centerline of said Baseline Avenue; thence Westerly, 886 feet, more or
less, to the Point of Beginning, the property more particularly described as
Tract 8806, recorded in Map Book 130, Pages 38 through 39, in the Office of the
Recorder of said County, Tract 8805, recorded in Map Book 126, Pages 61 and
62, in the Office of the Recorder of said County, and Tract 8369, recorded in
Map Book 118, Pages 36 through 39 in the Office of the Recorder of said
County.
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