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2003/11/05 - Agenda Packet
CITY OF RANCHO CUCAMONGA 10500 Civic Center Drive + Rancho Cucamonga, CA 91730-3801 909 477-2700 AGENDAS · Redevelopment Agency · Fire Protection District · City Council REGULAR MEETINGS ,1st and 3rd Wednesdays + 7:00 p.m. TO BE HELD AT THE CUCAIVlONGA COUNTY WATER DZSTRICT BOARDROOIVl 10440 ASHFORD ST., RANCHO CUCAIVlONGA, CA 909 987-2591 NOVEMBER 5, 2003 AGENCY~ BOkRD & CITY COUNCIL MEMBERS William J. Alexander .................... Mayor Diane Williams ............... Mayor Pro Tern Rex Gutierrez ............................ Member Robert d. Howdyshell ............... Member Donald J. Kurth, M.D ................ Member Jack Lam ......................... City Manager James L. Markman ............. City Attorney Debra J. Adams ..................... City Clerk ORDER OF BUSINESS 5:30 p.m. Closed Session .................................. CGWD 7:00 p.m. Regular Redevelopment Agency Meeting .. CCWD Boardroom Regular Fire Protection District Meeting ... CCWD Boardroom Regular City Council Meeting ............ CCWD Boardroom INFORMATION FOR THE PUBLIC ,,.~RANcHO ~,~UC, AMONOA TO ADDRESS THE CITY COUNCIL The City Council encourages free expression of ali points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the City Council on any agenda item. Please sign in on the clipboard located at the desk behind the staff table. Please list your name, address and phone number. Comments are limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Communications". There is opportunity to speak under this section at the beginning and the end of the agenda. Any handouts for the City Council should be given to the City Clerk for distribution. To address the City Council, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. All items to be placed on a City Council Agenda must be in writing. The deadline for submitting these items is 6:00 p.m. on Tuesday, one week prior to the meeting. The City Clerk's office receives all such items. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter and the Public Library. A complete copy of the agenda is also available at the sign-in desk located behind the staff table during the Council meeting. LIVE BROADCAST Beginning with the Wednesday, July 16, 2003, City Council meeting, the meetings will not be broadcast Live, but are scheduled to air on RCTV-3 on a tape-delayed basis the night after (Thursday) at 7:00 p.m. Normal, regularly-scheduled replays of City Council meetings will air on RCTV-3 the second and fourth Wednesdays of each month at 11:00 a.m., and 7:00 p.m. The temporary relocation to the Cucamonga County Water District will last until after the first of the year, 2004. The City Council meets regularly on the first and third Wednesday of the month at 7:00 p.m. (temporarily in the CCWD Boardroom located at 10440 Ashford St., Rancho Cucamonga, CA). Members of the City Council also sit as the Redevelopment Agency And the Fire District Board. Copies of City Council agendas and minutes can be found at: http:l/www.ci.rancho-cucamonga.ca.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 1 The meetin9 will be held at the Cucamonga County Water District at 10440 C[:~WCHO Ashford St., Rancho Cucamonga, CA I A. CALLTO ORDER I 1. Roll Call: Alexander __, Gutierrez__, Howdyshell __, Kurth , and Williams II B. ANNOUNCEMENTS/PRESENTATIONS [ 1. Presentation of Certificates from the League of California Cities in Recognition of Councilmember Howdyshell and Councilmember Kurth for the Completion of Basic Leadership Program at the 2003 Annual Conference. 2. Presentation of Certificates to Jim and Gwyn Frost for their commitment to promoting the history of the City during the City's Silver Anniversary celebration. 3. Presentation of a Proclamation in recognition of "National Alzheimer's Disease Month 2003". l[ c. PUBLIC COMMUNICATIONS I This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. Il D. COUNCIL COMMUNICATIONS I This is the time and place for reports to be made by members of the City Council on matters not on the agenda. [] E. CONSENT CALENDAR I The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Council at one time without discussion. Any item may be removed by a Councilmember or member of the audience for diseuesion. 1. Approval of Minutes: October 1, 2003 CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 2 The meeting will be held at the Cucamonga County Water District at 10440 c~CHO Ashford St., Rancho Cucamonga, CA UCAMONGA 2. Approval of Warrants, Register Nos. October 7 through October 27, '1 2003 and Payroll ending October 27, 2003 for the total amount of $3,652,865.41. 3. Approval of Landmark Designation DRC2003~00630 - James Bank, Jr. and Marsha Meeks Banks - A request to designate the Hippard Ranch 32 Vineyards as a Designated Local Landmark. The Vineyard is located at 13100 Victoria - APN: 0227-121-54 and 0227-121-53. (Related file: Mills Act Agreement DRC2003-00631). RESOLUTION NO. 03-268 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2003-00630 DESIGNATING THE HIPPARD RANCHO VINEYARDS A HISTORIC LANDMARK, LOCATED AT 13100 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121-53 AND 54 4. Approval of Mills Act Application DRC2003-00631 and Mills Act 32 Agreement (CO 03-119) - James Banks, Jr. and Marsha Meeks Banks - A request to implement the use of the Mills Act to reduce property tax on the Hippard Ranch Vineyards, currently applying for Historic landmark Status, located at 13100 Victoria - APN: 0227-121-54 and 0227-121-53. (Related file: Landmark Designation DRC2003-00630). 5. Approval of Landmark Designation DRC2003-00628 - James Banks, 56 Jr. and Marsha Meeks Banks - A request to designate the Etiwanda Telephone Switching Station as a Designated Local Landmark. Building is located at 13103 Victoria - APN: 0227-121-31. (Related file: Mills Act Agreement DRC2003-00629). RESOLUTION NO. 03-269 70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2003-00628, DESIGNATING THE ETIWANDA TELEPHONE SWITCHING STATION AND WATER TANK A HISTORIC LANDMARK, LOCATED AT 13103 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121-31 6. Approval of Mills Act Application DRC2003-00629 and Mills Act 56 Agreement (CO 03-120) - James Banks, Jr. and Marsha Meeks Banks - A request to implement the use of the Mills Act to reduce property tax on the Etiwanda Telephone Switching Station, currently applying for Historic Landmark Status, located at 13103 Victoria - APN: 227-121- 31. (Related file: Landmark Designation DRC2003-00628). CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 3 The meeting will be held at the Cucamonga County Water District at 10440 RANCHO Ashford St., Rancho Cucamonga, CA 7. Approval of Historic Point of Interest Designation DRC2003-00818 - 84 City of Rancho Cucamonga - A request to designate the Blessent residence located at 9317 6th Street as a Historic Point of Interest - APN: 0210-062-05. (Related file: Tentative Tract Map SUBTT 16311). RESOLUTION NO. 03-270 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF INTEREST DRC2003-00818 DESIGNATING THE BLESSENT PROPERTY AS A HISTORIC POINT OF INTEREST, LOCATED AT 9317 6TM STREET- APN: 0210-062-05 8. Approval of a Professional Services Agreement (CO 03-121) with 94 Lilbum Corporation and authorization to prepare an Environmental impact Report associated with Tentative Tract 16324, which also includes a General Plan Amendment, and a request for annexation for a proposed project located at the northerly end of Wardman-Bullock Road; and authorization to appropriate additional funds equal to the contract amount of $76,553, into account number 1001000-4509 (Planning-Special Service Fees) and account number 1001314-5303 (Contract Services - Reimbursable). 9. Approval to release the Faithful Performance and Labor and Material '133 Bond for Tract 15766, located on the north side of Base Line Road, approximately 800' west of Victoria Park Lane, submitted by D. R. Horton. 10. Approval to release Maintenance Guarantee Bonds for DR 99-77, '135 located on the southeast corner of Hermosa Avenue and Sixth Street, submitted by Cabot Industrial Properties. 11. Approval to release Maintenance Guarantee Bond for Base Line Road South Side Parkway Landscaping, for Tract 15947 and Tract 15948, 137 located at the southwest corner of Base Line Road and Etiwanda Avenue, submitted by WL Homes LLC DBA John Laing Homes. 12. Approval to release Maintenance Guarantee Bond for Tract 15948, located at the southeast corner of Etiwanda and Base Line Road, '139 submitted by WL Homes LLC, DBA John Laing Homes. 13. Approval to release Maintenance Guarantee Bond for Parcel Map '14'1 14376, located at the northwest corner of Rancheda and Red Hill Country Club Drive, submitted by Longwell Investments, Inc. 14. Approval to accept Improvements, release Faithful Performance Bond, accept a Maintenance Bond, file a Notice of Completion for '143 Improvements for DRC2002-00040, located on the east side of Hermosa Avenue, north of Sharon Circle, submitted by 7th and Hermosa JP/PI, LLC (Panattoni Development). CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 4 The meeting will be held at the Cucamonga County Water District at 10440 C[~'CHO Ashford St., Rancho Cucamonga, CA UCAMONGA RESOLUTION NO. 03-271 145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00040 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 15. Approval to accept improvements, release the Faithful Performance 146 Bond and file a Notice of Completion for improvements for Regional Plant #4 (CUP 90-16), located at 6m Street and Etiwanda Avenue, submitted by Chino Basin Municipal Water District. RESOLUTION NO. 03-272 148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR REGIONAL PLANT #4 (CUP 90-16) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 16. Approval to accept Improvements, Release the Faithful Performance 149 Bond and File a Notice of Completion for improvements for DR00-08, located at the northwest corner of Fourth Street and Santa Anita Avenue; submitted by Vichen Corporation. RESOLUTION NO. 03-273 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00-08 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 17. Approval to accept improvements, release the Faithful Performance '152 Bond and file a Notice of Completion for improvements for DR99-59, located at the northwest corner of 7th Street and Toronto Avenue, submitted by Oxmoor II, Inc. RESOLUTION NO. 03-274 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR99-59 AND AUTHORIZING THE FILE OF A NOTICE OF COMPLETION FOR THE WORK 18. Approval to accept improvements, release the Faithful Performance 155 Bond, accept a Maintenance Bond and file a Notice of Completion for improvements for Tract 16217, located on the west side of Milliken Avenue, south of Greenway Park, submitted by Western Land Properties and LDC Cougar, LLC. CITY COUNCIL AGENDA .NOVEMBER 5, 2003 - 7:00 P.M. The meeting will be held at the Cucamonga County Water District at 10440 5 c~CHO Ashford St., Rancho Cucamonga, CA [J~.JLMONG~ RESOLUTION NO. 03-275 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16217 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 19. Approval to accept improvements, release the Faithful Performance 158 Bond, accept the Maintenance Bond and file a Notice of Completion for improvements for Tract 16105, located between East Avenue and the 1-15 Freeway, south of Base Line Road, submitted by K. Hovnanian Forecast Homes, Inc. (formerly Rancho Cucamonga land Co., LLC). RESOLUTION NO. 03-276 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16105 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK 20. Approval of Improvement Agreement, Improvement Securities, and Real Property Improvement Contract and Lien Agreement for Project '16'1 DRC2002-00806, consisting of the conversion of a Local Historic Residential landmark to an Office, located at 10213 Foothill Boulevard, submitted by Soheila and Faramarz Azizi. RESOLUTION NO. 03-277 '164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PROJECT DRC2002-00806, PHASES I AND II RESOLUTION NO. 03-278 165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PROJECT DRC2002- 0086, PHASE III 21. Apprevalof map, Improvement Agreement, Improvement Security, and 166 Ordering the Annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16371 located on the southwest corner of Victoria Park Lane and Base Line Road submitted by Greystone Homes, Inc., A Delaware Corporation - APN: 227-171-26. CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 6 The meeting will be held at the Cucamonga County Water District at 10440 ~,~'~CHO Ashford St., Rancho Cucamonga, CA RESOLUTION NO. 03-279 168 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16371, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY RESOLUTION NO. 03-280 "169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16371 22. Approval of Improvement Agreement, Improvement Security, and 176 Ordering the Annexation to Landscape Maintenance District No. 4 and Street Lighting Maintenance District Nos. 1 and 4 for DRC2001-00437 located at the northeast corner of Haven Avenue and Town Center Drive, submitted by Exxon Mobile Oil Corporation. RESOLUTION NO. 03-281 179 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DRC2001-00437 RESOLUTION NO. 03-282 '180 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AND ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DRC2001-00437 23. Approval of map, Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 2 and 187 Street Lighting Maintenance District Nos. 1 and 3 for Tract No. 16373 located on the northwest corner of Victoria Park Lane and Church Street submitted by US Home Corporation - APN: 227-171-32. RESOLUTION NO. 03-283 189 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16373, IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 7 The meeting will be held at the Cucamonga County Water District at 10440 cRANcHO Ashford St., Rancho Cucamonga, CA UCAMONGA RESOLUTION NO. 03-284 A RESOLUTION OF THE CITY COUNCIL OF '190 THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16373 24. Approval to accept the Beryl Park Tot Lot and Irrigation Renovation '198 Project, Contract No. 02-041, as complete, approval to appropriate $41,223.18 to Account No. 11203055650/1204120-0 from Park Development fund balance, retain the Faithful Performance Bond as a Guarantee Bond, release the Labor and Material Bond and authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $561,223.18. RESOLUTION NO. 03-285 201 A RESOLUTION OF THE CITY COUNCIL OF THE CtTY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL PARK TOT LOT AND IRRIGATION RENOVATION PROJECT, CONTRACT NO. 02-041, AND AUTHORIZING THE FILE OF A NOTICE OF COMPLETION FOR THE WORK 25. Approval of a Resolution ordering to be vacated the remaining portions of two alleys and disposition of a portion of City-owned property, 202 generally within the Northtown Area, located on the south side of Feron Boulevard, west of Hermosa Avenue, submitted by Northtown Housing Development Corporation (V-195). RESOLUTION NO. 03-286 204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED THOSE PORTIONS OF CITY STREETS (ALLEYS) GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE RESOLUTION NO. 03-287 2'10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEEDS, A COPY OF WHICH CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 8 The meeting will be held at the Cucamonga County Water District at 10440 RANCHO Ashford St., Rancho Cucamonga, CA IS ATTACHED HERETO AS EXHIBIT "E" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED HEREIN 26. Approval of the final property settlement (CO 03-122) , in conjunction with CFD 2001-01 Rigi?t-of-Way Acquisition of Base Line Road and 229 Day Creek Boulevard, at the Pierotti Parcel, to be funded from CFD 2001-01 funds, Account No. 16123035650-1442612-0 and to appropriate in the amount of $421,760.00 - Assessor's Parcel Number 227-161-21. 27. Approval of Tract Map 16279-1, located On the north and south sides of Highland Avenue, between Etiwanda and East Avenues submitted 247 by Toll Brothers Land Development - APN: 227-051-01, 04, 05, 06, 09 and 28 and 227-061-05. RESOLUTION NO. 03-288 249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16279-1 28. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue to be funded from Account No. 11763035650/1373176-0 (Measure 'T' Funds). RESOLUTION NO. 03-289 251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS 29. Approval to enter into a Professional Services Agreement (CO 03- 257 123) with Grueneich Resource Advocates to provide regulatory/utility legal services, in an amount not-to-exceed $85,000 for the remainder of FY 2003-04, to be funded from Account No. 1025001-5300; and approval to transfer $75,000 from Account No. 1025001-5417 (General Liability Claims) to Account No. 1025001-5300 (Contract Services). CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 9 The meeting will be held at the Cucamonga County Water District at 10440 RANCHO Ashford St., Rancho Cucamonga, CA CUC~MONGA F. CONSENT ORDINANCESI The following Ordinances have had public hearings at the time of first reading. Second readings are expected to be routine and non- controversial. The Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion. 1. CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT CODE AMENDMENT DRC2003-00616 - CITY OF RANCHO CUCAMONGA - A request to amend Chapter 17.30 of the Development Code to redesignate the Industrial Districts Subarea 8 portion of Day Creek Boulevard south of Foothill Boulevard, east of Rochester Avenue from a Secondary Street to a Modified Local Collector Street - APN: 0229-021-20, 34, 47, 53, 54, and 55. Related Files: General Plan Amendment GPA2002- 00002, Tentative Parcel Map SBUTPM16033, Conditional Use Permit DRC2002-00839, and Development Agreement DRC2003-00858. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. ORDINANCE NO. 717 (second reading) 258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURES 17.30.080-J AND 17.30.040-B AND TEXT CHANGES TO SECTION 17.30.080.1.4 AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229-021-20, 34, 47, 53, 54 AND 55 CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 10 The meeting will be held at the Cucamonga County Water District at 10440 RANCHO Ashford St., Rancho Cucamonga, CA CONSIDERATION OF ADDENDUM TO CITY OF RANCHO CUCAMONGA 2001 GENERAL PLAN FINAL ENVIRONMENTAL IMPACT REPORT AND DEVELOPMENT AGREEMENT DRC2003- 00858 - FOOTHILL CROSSING, LLC - The review of a Development Agreement for a proposed shopping center of up to 315,000 square feet that includes in-line retail stores and individual retail pad buildings on 60 acres of land on the southeast and southwest corners of Foothill Boulevard and Day Creek Boulevard within the Regional Related Office/Commercial District of the Victoria Community Plan - APN: 0229-021-62, 63, and 64. Related Files: General Plan Amendment GPA2002-00002, Development Code Amendment DCA2003-00616, Tentative Parcel Map SUBTPM16033, and Conditional Use Permit DRC2002-00839. An Environmental Impact Report was previously certified in October 2001. The addendum is being prepared in accordance with the California Environmental Quality Act. ORDINANCE NO. 718 (second reading) 263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00858 WITH FOOTHILL CROSSING, LLC, TO ESTABLISH A PROCESS FOR FINANCING THE CONSTRUCTION OF DAY CREEK BOULEVARD WITHIN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED ON THE SOUTHWEST AND SOUTHEAST CORNERS OF DAY CREEK AND FOOTHILL BOULEVARDS AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-53 THRU 57 II c.ADVERTISED PUBLIC HEARINGS I The following items have been advertised and/or posted as public hearings as required by law. The Chair will open the meeting to receive public testimony. 1. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038 - 307 CARNEY - A request to subdivide .817 acres of land into four parcels in the Low Residential District (2-4 dwelling units per acre) located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003-00016. (CONTINUED FROM OCTOBER 1, 2003) CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 11 The meeting will be held at the Cucamonga County Water District at 10440 C,~.,~HO Ashford St., Rancho Cucamonga, CA UC~IONOA RESOLUTION NO. 03-290 364 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP SUBTPM16038, A SUBDIVISION OF FOUR LOTS ON 1.1 GROSS ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-401-05 2. CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A 307 request to develop four single family homes on .817 acres of land in the Low Residential (2-4 dwelling units per acre) District located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401- 05. Related Files: Minor Exception DRC2003-00016, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419 and Tentative Parcel Map SUBTPM16038. (CONTINUED FROM OCTOBER 1, 2003) RESOLUTION NO. 03-291 382 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2003-00015, THE DEVELOPMENT REVIEW OF FOUR HOMES WITHIN TENTATIVE PARCEL MAP NO. SUBTPM16038, ON 1.1 GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF-APN: 1062-401-05 3. CONSIDERATION OF APPEAL OF VARIANCE DRC2003-00017 - 307 CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback for four proposed single family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003- 00015, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419, and Tentative Parcel Map SUBTPM16038. (CONTINUED FROM OCTOBER 1, 2003) CITY COUNCIL AGENDA NOVEMBER $, 2003 - 7:00 P.M. 12 The meeting will be held at the Cucamonga County Water District at 10440 cRANcHO Ashford St., Rancho Cucamonga, CA UCAMONGA RESOLUTION NO. 03-292 401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING 'COMMISSION AND APPROVING VARIANCE DRC2003-00017 TO REDUCE THE LOT DEPTH FROM 100 FEET TO 80 FEET FOR THE 1.1 ACRE PROPERTY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF- APN: 1062-401-05 4. CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 405 DRC2003-00709 - CHARLES JOSEPH ASSOCIATES - A proposed amendment to the text of the Development Code to allow self-storage facilities within residential zones, under specific circumstances, with the approval Of a Conditional Use permit. ORDINANCE NO. 719 (first reading) 423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00709, AMENDING PORTIONS OF SECTION 17.08 - RESIDENTIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ALLOWING PUBLIC STORAGE FACILITIES WITHIN RESIDENTIAL LAND USE DISTRICTS UNDER SPECIFIC CIRCUMSTANCES WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND MAKING FINDINGS IN SUPPORT THEREOF H. PUBLIC HEAR1NGS i The following items have no legal publication or posting requirements. The Chair will open the meeting to receive public testimony. No items submitted. , ,g~ CITY COUNCIL AGENDA NOVEMBER 5, 2003 -- 7:00 P.M. 13 The meeting will be held at the Cucamonga County Water District at 10440 C[:~CHO Ashford St., Rancho Cucamonga, CA UCAMONGA CITY MANAGER'S STAFF REPORTSI I. The following items do not legally require any public testimony, although the Chair may open the meeting for public input. 1. CONSIDERATION OF A RESOLUTION TO WAIVE PLAN CHECK AND 430 BUILDING PERMIT FEES FOR THE RECONSTRUCTION OF DAMAGED BUILDINGS AS A RESULT OF THE GRAND PRIX FIRE RESOLUTION NO. 03-293 432 A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING A TEMPORARY WAIVER OF PERMIT FEES APPLICABLE TO REPAIR AND RECONSTRUCTION OF HOMES DAMAGED IN THE "GRAND PRIX" FIRE II j. COUNCIL"USINESS II The following items have been requested by the City Council for discussion. They are not public hearing items, although the Chair may open the meeting for public input. 1. DISCUSSION OF PARKING SPACE SPECIFICATIONS - Oral Report 2. LEGISLATIVE UPDATE - Oral Report K. IDENTIFICATION OF ]ITEMS FOR THE NEXT MEETING This is the time for City Council to identify the items they wish to discuss at the next meeting. These items will not be discussed at this meeting, only identified for the next meeting. [ L. PUBLIC COMMUNICATIONS I This is the time and place for the general public to address the City Council. State law prohibits the City Council from addressing any issue not previously included on the Agenda. The Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual. CITY COUNCIL AGENDA NOVEMBER 5, 2003 - 7:00 P.M. 14 The meeting will be held at the Cucamonga County Water District at 10440 cRANCH Ashford St., Rancho Cucamonga, CA U~MONGA I, Debra J. Adams, City Clerk of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on October 30, 2003, seventy-two (72) houm prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. October 1, 2003 CITY OF RANCHO CUCAMONGA CITY COUNCIL CLOSED SESSION MINUTES [I A. CALL TO ORDER I The Rancho Cucamonga City Council held a closed session on Wednesday, October 1, 2003, at the Cucamonga County Water District facilities located at '10440 Ashford Street, Rancho Cucamonga, California. lhe meeting was called to order at 5:30 p.m. by Mayor William J. Alexander. Present ware Councilmambers: Rex Gutierrez, Robert J. Nowdyshall, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; James Markman, Legal Counsel; Joe O'Neil, City Engineer; and Linda D. Daniels, Redevelopment Agency Director. ]l B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) Mayor Alexander announced the closed session item. B1. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED SOUTH OF FOOTHILL BOULEVARD, WEST OF 1-15, GARY SAFADY, O&S HOLDINGS, AND JOE O'NEIL, CITY ENGINEER, NEGOTIATING PARTY, REGARDING TERMS OF AGREEMENT - CITY II c. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No one was present to comment on the closed session item. D. CONDUCT OF CLOSED SESSION Closed session began at 5:35 p.m. E. RECESS The closed session recessed at 6:17 p.m. with no action taken. City Council Minutes October 1, 2003 Page 2 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES Regular Meetinq A regular meeting of the Rancho Cucamonga City Council was held on Wednesday, October 1,2003, at the Cucamonga County Water District Board Room, located at 10440 Ashford Street, Rancho Cucamonga, California. Mayor William J. Alexander called the meeting to order at 7:04 p.m. Present were Councilmembers: Rex Gutierrez, Robert J. Howdyshell, Donald J. Kurth, M.D., Diane Williams and Mayor William J. Alexander. Also present were: Jack Lam, City Manager; Pamela Easter, Deputy City Manager; James Markman, City Attorney; Linda D. Daniels, RDA Director; Mike Nelson, Sr. RDA Analyst; James C. Frost, City Treasurer; Larry Temple, Administrative Services Director; Tamara Layne, Finance Office; Bob Bowery, Information Systems Manager; Sid Siphomsay. Information Systems Analyst; Shelly Munson, Information Systems Specialist; Dawn Haddon, Purchasing Manager; Joe O'Neil, City Engineer; Jon Gillespie, Traffic Engineer; Mike TenEyck, Management Analyst III; Brad Buller, City Planner; Kevin McArdle, Community Services Director; Dave Moore, Recreation Superintendent; Francie Martindale, Marketing Manager; Deborah Clark, Library Director; Captain Pete Ortiz, Rancho Cucamonga Police Department; Fire Chief Dennis Michael, Deputy Chief Bob Corcoran, Fire Prevention Specialist Kelly Larson - Rancho Cucamonga Fire Protection District; Kimberly Thomas, Management Analyst II; Kathy Scott, Deputy City Clerk; and Debra J. Adams, City Clerk. II B. ANNOUNCEMENTS/PRESENTATIONS I B1. Presentation of Certificates of Recognition to three Little League Divisions for winning their District/Section Championships. Mayor Alexander introduced Doug Morris, District 21 Area Administrator, who introduced the teams and told about their accomplishments. He assisted the Mayor with the presentation of the certificates to the players. A recess was taken at 7:16 p.m. The meeting was called back to order at 7:20 p.m. with all Councilmembers present. B2. Presentation of a Proclamation in recognition of "Fire Prevention Week." Mayor Alexander presented the Proclamation to Kelly Larson, Fire Prevention Specialist. Kelly Larson, Fire Prevention Specialist, told about Fire Prevention Week and the open house to be held Saturday, October 11,2003 from 10:00 a.m. to 3:00 p.m. at the Jersey Fire Station. City Council Minutes October 1,2003 Page 3 B3. Presentation of a Proclamation in recognition of"Adopt a Shelter Dog Month." Mayor Alexander presented the Proclamation to Mark Scina of San Bernardino County Animal Control. 11 C. PUBLIC COMMUNICATIONS I C1. Melanie Ingrain, Co-Chair of Rancho Recall stated today was the deadline for the recall signatures to be submitted. She stated they were unable to collect the required number of signatures for the ballot due to the amount of time given them. She stated they do have thousands of signatures and that people do want the Council gone because of doing business behind closed doors. She stated they are going to start working on Plan 2 for the removal of Councilmembers Williams, Gutierrez, Kudh and Howdyshell. She mentioned Councilmembers Kurth and Howdyshell are currently placeholders on the Council, and added that Councilmembers Gutierrez and Williams have done damage to the City. She told about the process the Council went through to make the appointments of Councilmembers Kurth and Howdyshell. She thanked the members of Rancho Recall for all their work toward this effort. She stated phase 2 begins tomorrow. C2. Dominic Melillo, President-elect of the Chamber of Commerce, wanted to talk about the Grape Harvest Festival, which will take place October 3 - 5, 2003. He told about the events that would be happening at the event. C3. Norm McKenzie, Executive Director of the Chamber of Commerce, stated there is a mixer on Friday, October 3 from 4:00 p.m. to 6:00 p.m. C4. Gwyn Frost stated she wanted to talk about the Chamber also. She talked about when the City first incorporated and her and her husband's involvement with the grape stomp. C5. Leslie Grimes stated she was thrilled the County was appealing the judge's decision on the Colonies Project. She stated there was one descending vote and that was from Paul Biane and felt that was because of all the campaign contributions he has received from that developer. She thought Mr. Biane should represent all of the area in the County, not just Upland. She stated it was perception why he voted the way he did on this. She stated there is perception that the Council does not give their opinion on the Colonies project. She felt the Councilmembers Kurth and Howdyshell should give their vision for the City. She stated all of this is perception. C6. John Lyons reminded everybody about the Grape Harvest Festival and what a great event it is. He thanked the thousands of people that were involved with the recall. He felt the recall committee should go after Councilmember Gutierrez and stated the committee collected the most signatures on Councilmember Gutierrez with the second most collected on Councilmember Williams. He asked everyone to support the troops and the Grape Harvest Festival. C7. Wil Wright wanted to thank the Rancho Cucamonga voters for getting involved with the recall. He stated the recall group registered several hundred voters. He stated they gained the respect of many people in the City. He stated some people got the California Governor recall missed up with the Rancho Recall, but stated they would not get mixed up with phase 2 when that starts. C8. Hilda Phillips stated she will soon have two poems published with a prestigious publishing company. C9. Pauline Dean stated she received her invitation to the grounding breaking for the Senior Center, which will be built in Central Park. City Council Minutes October 1, 2003 Page 4 [I D. COUNCIL COMMUNICATIONS I D1. Councilmember Kurth congratulated Ms. Phillips on getting her poems published. He felt it was great to have the little league kids here tonight. He commented on the Grape Harvest Festival and stated he was once President of the Chamber of Commerce. He stated he had also adopted a dog at from the animal shelter several years ago. He stated he was glad the recall is behind everyone. He stated that is what democracy is about with people that have different views on various issues. He hoped that ever, yone can now work together. D2. Councilmember Williams commented on the golf event at Empire Lakes. She stated she volunteered there and commented on how fabulous all the volunteers were. She stated ~ast week she attended a LAFCO conference and told what a great event it was. She reported on some of the sessions she attended. She encouraged everyone to go to the Grape Harvest Festival. D3. Councilmember Gutierrez expressed his appreciation to those people who help out at the Grape Harvest Festival. He commented on the little league volunteers, the volunteers at Grace Community Church and those that volunteered at the golf tournament. He stated these are people that care about the City and want to make it a better place. He commented about the beautiful new Day Creek Park in the north Etiwanda area. He stated he had asked that a survey be done of bank ATM sites that have security surveillance. He tl~anked Pete Ortiz for getting right on this and that there are only two sites that do not have operational surveillance available. He felt the City should approach them and encourage them to do something about this. He stated he continues to help people in the community with all kinds of issues and that the City does want to help people. D4. Councilmember Howdyshell stated he and Councilmember Gutierrez have worked on the task force to protect animals from euthanasia and that there have been less animals put down and more pets adopted. He stated they are working on our shelter becoming a "no kill" shelter. D5. Mayor Alexander commented on someone that got a $279.00 fine for parking a car and felt they did not know the ordinance and felt they should have been made aware of it before they were given a fine. He felt we should go after graffiti artists rather than something like this. Il E. CONSENT CALENDAR Jack Lam, City Manager, referred to a correction to item 10 with the Chaffey College Agreement. A memo is on file in the City Clerk's office and was distributed to the Council. El. Approval of Minutes: September 10, 2003 (Special Joint Meeting) September 17, 2003 E2. Approval of Warrants, Register September 10 through September 23, 2003, and Payroll ending September 23, 2003. for the total amount of $2,916,222.79. E3, Approval to authorize the advertisement of a "Notice Inviting Bids," including the pre-qualification of bidders, for the Fire Station #173 Construction Project, to be funded from the RDA Fire Protection Fund, Acct. #2505801-5650. City Council Minutes October1,2003 Page 5 RESOLUTION NO. 03-246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "FIRE STATION #173 CONSTRUCTION PROJECT" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE PRE-QUALIFICATION STATEMENTS AND BIDS E4. Approval to a0thorize the advertisement of a "Notice Inviting Bids" for the construction of Base Line Road at the 1-15 Traffic and Street Improvements, to be funded from Acct. No. 1124-303-5650/1283124-0 (Transportation Fee Program Funds). REMOVED FOR DISCUSSION BY JAMES FROST, CITY TREASURER. RESOLUTION NO. 03-247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "BASE LINE ROAD AT THE 1-15 TRAFFIC AND STREET IMPROVEMENTS" IN SAID CiTY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E5. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Haven Avenue Pavement Rehabilitation from Alta Loma Drive to Lemon Avenue, to be funded from Acct. No. 11763035650/1376176-0 (Measure "1" Funds). RESOLUTION NO. 03-248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "HAVEN AVENUE PAVEMENT REHABILITATION FROM ALTA LOMA DRIVE TO LEMON AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E6. Approval to authorize the advertising of the "Notice Inviting Bids" for the construction of Traffic Signals and Safety Lighting at the intersection of Victoria Street and Etiwanda Avenue, to be funded from Acct. No. 11243035650/1285124-0. RESOLUTION NO. 03-249 A RESOLUTION OF THE CITY COUNCIl. OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF "TRAFFIC SIGNALS AND SAFETY LIGHTING AT THE INTERSECTION OF VICTORIA STREET AND ETIWANDA AVENUE" IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS E7. Approval to appropriate an additional $150,000 into Acct. Nos. 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund developer reimbursed services associated with various active planning cases, and to fund additional projects anticipated for fiscal year 2003/04. City Council Minutes October 1, 2003 Page 6 E8. Approval of a Resolution modifying the project description of the Electric Substation to be located at the northeast corner of Rochester Avenue and Stadium Parkway as detailed in the Notice of Exemption previously approved on February 19, 2003. RESOLUTION NO. 03-250 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ITS RESOLUTION NO. 03-002 BY PROVIDING A MORE DETAILED DESCRIPTION OF THE PUBLIC PROJECT REFERRED TO IN SAID RESOLUTION NO. 03-002 E9. Approval of an appropriation of $100,000 to Acct. No. 1001305-5303 for Reimbursable Contract Services and authorization to utilize existing Plan Check Consultants. El0. Approval to execute an agreement with the Charley College Foundation (CO 03-108) to broadcast the "Chaffey College Telethon" on RCTV-3, October 24-26, 2003. CORRECTION MADE E11. Approval to execute a Professional Services Agreement in the amount of $185,200 with Butsko Utility Design, /nc. (CO 03-109) and authorize the expenditure of a 10% contingency in the amount of $18,520 for the inspection of the Electrical Distribution Conduit and Substructure Project, the project management and inspection of the Electrical Distribution Cabling, Connections, and Equipment Project, the plan check of the onsite electrical substructure plans and design of the onsite Electrical Cable, Connections and Equipment Project for the Foothill Crossing development, and continuing consultant services for electric distribution operations and support for the Rancho Cucamonga Municipal Utility, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0 and Acct. No. 10250015300, and appropriate $137,720 to Acct. No. 10250015650/1382025-0 and $66,000 to Acct. No. 10250015300, for a total appropriation of $203,720 (contract award of $185,200 plus 10% contingency in the amount of $18,520) from Capital Reserve fund balance. E12. Approval to execute a Professional Services Agreement in the amount of $112,938 with Electrical Power Systems, Inc. (CO 03-110) and authorize the expenditure of a 10% contingency in the amount of $11,292 for the project management and inspection of the 12Kv Electrical Substation Project, to be funded from Capital Reserve funds, Acct. No. 10250015650/1382025-0, and appropriate $124,230 (contract award of $112,938 plus 10% contingency in the amount of $11,292) to Acct. No. 10250015650~1382025-0 from Capital Reserve fund balance. E13. Approval to award the annual contract for the printing and production of "The Grapevine," "R.C. Reporter," and "Annual Report" for Fiscal Year 2003/04, with an option to renew, upon mutual consent, for an additional two (2) years to Holiday Printing (CO 03-111) of the City of industry, in the amount of $104,484, funded as follows: $73,832 from Fund 1001-401-5300 and $30,176 from Fund 1001-001-5300. E14. Approval to execute an agreement and accept surety for encroachment into City easement or right- of-way between the City of Rancho Cucamonga and Young Homes, LLC, (CO 03-112) at a location within Trademark Street, west of Center Avenue. E15. Approval of Facilities Use Agreement between Hillside Community Church (CO 03-113) and the City of Rancho Cucamonga, and authorize expenditure of funds in the amount not to exceed $20,000 from Acct. No. 12504015300 for the rental of classrooms, play areas and utilities for City Playschool Classes. E16. Approval to award and execution of a Professional Services Agreement to Kleinfelder, Inc., (CO 03- 114) for Geotechnical Inspection and Material Testing for the construction of the Rancho Cucamonga Central Park SeniodCommunity Center project in the amount not to exceed $30,000, to be funded from Acct. No. 1120305-5650/1343120-0. City Council Minutes October1, 2003 Page 7 E17. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for DR 99-75, located at the northwest corner of Jersey Avenue and Rochester Avenue, submitted by Jersey Park, LLC. RESOLUTION NO. 03-251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-75 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E18. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for DR 00-67, located on the north side of 4th Street, west of Milliken Avenue, submitted by Ironwood Apartments, LLC. RESOLUTION NO. 03-252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 00~67 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E19. Approval to release a $580.00 Maintenance Guarantee Bond (Cash) for Parcel Map 15529, located at the southern terminus of Pilgrims Court, south of 19th Street, submitted by Fred A. Nelson, Jr. E20. Approval of Improvement Agreement Extension for Tract 13527, located at the northwest corner of Wilson Avenue and Cervantes Place, submitted by Mastercraff-Etiwanda, LP. RESOLUTION NO. 03-253 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13527 E21. Approval to accept Improvements, release the Faithful Performance Bond, and file a Notice of Completion for Improvements for Tract 16181, located on the east side of Etiwanda Avenue, north of Foothill Blvd., submitted by SRG/CAMREAL, LLC. RESOLUTION NO. 03-254 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16181 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK E22. Approval to accept Improvements, release the Faithful Performance Bond, accept a Maintenance Bond, and file a Notice of Completion for Improvements for Tract 16239, located at the northeast corner of Milliken Avenue and Base Line Road, submitted by Diversified Pacific Development Group. RESOLUTION NO. 03-255 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16239 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK City Council Minutes October 1, 2003 Page 8 MOTION: Moved by Kurth, seconded by Williams to approve the staff recommendations in the staff reports contained within the Consent Calendar with the correction made to item El0 and with the exception of item E4. Motion carried unanimously 5-0. Discussion of item E4. Approval to authorize the advertisement of a "Notice Inviting Bids" for the construction of Base Line Road at the 1-15 Traffic and Street Improvements, to be funded from Acct. No. 1124-303-565011283124-0 (Transportation Fee Program Funds). James Frost, City Treasurer, stated this involves the Base Line and 1-15 Intersection. He talked about the many citations that have been written and how unsafe this is. He wanted to thank the City for getting this done and felt it was a good improvement. Jon Gillespie, Traffic Engineer, talked about this unusual intersect[on and all the City went through to get this approved. MOTION: Moved by Williams, seconded by Kurth to approve item E4. Motion carried unanimously 5-0. II ~. CONSENT ORDINANCES I No Items Submitted. I[ G. ADVERTISED PUBLIC HEARINGS I Gl. CONSIDERATION OF APPEAL OF VARIANCE DRC2003-000!,7 - CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback for four proposed single family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419, and Tentative Parcel Map SUBTPM16038. (TO BE CONTINUED TO NOVEMBER 5, 2003) CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038 - CARNEY - A request to subdivide .817 acres of land into four parcels in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-40-105. Related Files: Development Review DRC2003-00015, Minor Exception DRC2003-00016, Variance DRC2003-00017, and Tree Removal permit DRC2003-00419. (TO BE CONTINUED TO NOVEMBER 5, 2003) CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A request to develop four single family homes on .817 acres of land in the Low Residential (2-4 dwelling units per acre) District located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Minor Exception DRC2003-00016, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419 and Tentative Parcel Map SUBTPM16038. (TO BE CONTINUED TO NOVEMBER 5, 2003) MOTION: Moved by Williams, seconded by Kurth by continue this item to November 5, 2003 at 7:00 p.m. in the Boardroom of the Cucamonga County Water District Offices located at 10440 Ashford Street, Rancho Cucamonga, California. Motion carried unanimously 5-0. City Council Minutes October 1, 2003 Page 9 No Items Submitted. I. CITY MANAGER'S STAFF REPORTS H. DEMONSTRATION OF THE CITY'S WEBSITE A brief staff report was given by Larry Temple, Administrative Services Director. A power point presentation was given by Bob Bowery, Information Systems Manager. ACTION: Report received and filed. I[ J. COUNCIL BUSINESS I 31. PROGRESS REPORT ON FIRE STATION 175 (Oral) A power point presentation was given by Chief Michael, Rancho Cucamonge Fire Protection District, which is on file in the City Clerk's office. Councilmember Gutierrez stated thare were a lot of residents in that area that fait they needed better fire protaction. He thanked Chief Michael and his staff for what they have done to get better services for this area. Councilmember Kurth stated this is how government is supposed to work. Mayor Alexander thanked the people in that area for getting this started sooner than it was supposed to occur. ACTION: Report received and filed. J2. LEGISLATIVE UPDATE (Oral) Councilmember Williams talked about the grass roots movement for the stetewide effort to protect City's revenue. She stated she would like to get a Resolution on the next agenda so the City can take action to suppod this effort. She also stated funds have been approved, thanks to Congressman Dreier, for the 1-15 and Base Line Interchange. She stated the City should be very grateful to him for his work on this. City Council Minutes October 1, 2003 Page 10 K. IDENTIFICATION OF ITEMS FOR THE NEXT MEETING K1. See item identified in Legislative update given by Councilmember Williams. L. PUBLIC COMMUNICATIONS L1. Hilda Phillips commented on the fundraising being done for the wellness area to be in the new Senior Center and stated she would like to be able to give a report on these fundraising efforts at the next meeting. L2. Leslie Grimes felt Councilmember Gutierrez, through his previous comments, insulted people that signed the recall petition. She commented on Councilmember Gutierrez's campaign statements and his contributions from developers. She felt he was insincere. She commented on the day laborer job center issue and stated this item was not shown on television from the last meeting and felt it should be shown again so that people can see this. She felt people in the City should know of the Council's illegal behavior involving this matter. She asked that it be readvertised when this will be shown again, and why it was not shown when it was supposed to. She felt people should come here legally to work and that the City should require documentation to prove this. Mayor Alexander stated the City would look into the problem of part of that meeting not being shown on television. MOTION: Moved by Williams, seconded by Kurth to adjourn. Motion carried unanimously 5-0. The meeting adjourned at 8:45 p.m. Respectfully submitted, Debra J. Adams, CMC City Clerk Approved: * City Co ncil Age da · November 5, 2003 O 1. Presentation of Certificates from the League of California Cities in Recognition of Councilmember Howdyshell and Councilmember Kurth for the Completion of Basic Leadership Program at the 2003 Annual Conference. · Through the League of California Cities, Councilmembers Howdyshell and Kurth attended and completed the "Mayors and Council Members Academy Basic Leadership". · This two-part program was held in January and April 2003 in the City of Sacramento. · The academy is an effective way for Mayors and Council Members to gain the knowledge, skills and abilities needed to serve the public. · Some of the education and training programs included through the program are topics relating to fiscal management, the Brown Act, Ethics and Laws Governing Cities. Assistingwith t_he presentation__ofthe Certificates will bet iKurt Wiison~-'lSt-Vice President Of the-Inland Empire Division of the~ !League of California_ Cities, who also serves__as IVl_a~yor Pro Tem,t City of Ria[~.~ 2. Presentation of Certificates to Jim and Gwyn Frost for their commitment to promoting the history of the City during the City's Silver Anniversary celebration. · Jim and Gwyn Frost have been showing their collective commitment to the City for decades. They are a driving force as a couple and as individuals. They have committed their lives to giving back to our community. · During the City's Silver Anniversary year, they have taken the time to provide historical information to our residents at our City Council meetings. As the City ends its yearlong celebration, we wanted to take a moment to thank the Frost's. .P~_e~se call Up jim and GWYn F-rpst to_receive their ~ertificates.l City Codicil Agenda ove ober 5, 2003 0 3. Presentation of Proclamation in recognition of "National Alzheimer's Disease Month 2003". · Alzheimer's disease is a progressive, degenerative disease of the brain and the most common form of dementia. It results in impaired memory, thinking and behavior. · Today there are 4.5 million Americans with Alzheimer's disease. · Unless a cure or prevention is found, that number will jump to 14 million by the year 2050. · This Proclamation is being presented to support the Alzheimer's Association for their efforts and enhance public awareness of the disease. ~ccepiing the ProClamation will be~. ~lorene Boya~ - Development Officer with the Inland Empire Region of the Alzheimer's Association of Los Angeles, Riverside and San Bernardino Counties ~odd Land~ - President of the Advisory Counsel to the Inland Empire Region of the AIzheimer's Association and Board Member, Secretary/Treasurer, of the Alzheimer's Association of Los Angeles, Riverside and San Bernardino Counties Jim Frost: · Jim's family has been active in the community since the days of his Great Grandfather. He served on the City Incorporation Committee, he served as the City's first Mayor, and is currently the City Treasurer. ,, · His roots in the City are strong. Jim's Great Grandfather, George Frost, knew the Chaffey Brothers and moved to the Etiwanda area in 1882, to work for them. Being a horticulturalist, George was hired to clear the land and to plant crops. · In the mid 1890's, George bought an existing general store, which he named Frost and Son. The family operated the store until 1966 when it tragically burned down. · He is also active in the Etiwanda Historical Society. Gwyn Frost: · Gwyn Frost has given back to our community in so many ways through her varied volunteer work and activities. · She is committed to promoting the health and welfare of our community's children and those in need, and has worked with Head Start and the Homeless Outreach Program and Education (HOPE) to further children's causes. · She also serves on the Board of the Etiwanda Historical Society and is active in her church. · She is the mother of two grown children. T H C I T Y O F l~A N C 11 0 C g C A M 0 N GA Memorandum DATE: November 4, 2003 TO: Rex Gu~ier~~ber FROM: Pam Eas/~ty City Manager SUBJECT: Warrants Review for Council MeetingmNovember 5, 2003 The City Attorney has had an opportunity to review the Summary of Warrants for the November 5, 2003, Council meeting and has found no conflict of interest. If you have any questions, please give me a call at extension 2003. c: Jack Lam, AICP, City Manager Jim Markman, City Attorney C"Debbie Adams, City Clerk Lawrence I. Temple, Administrative Services Director Tamara Layne, Finance Officer Ann Haworth, Accounting Services Supervisor T H C I T Y 0 F i~ANCH 0 CUCAHONGA Memorandum DATE: October 30, 2003 TO: Debbie Adams, City Clerk CC: Jack Lam, City Manager Pamela Easter, Deputy City Manager Jim Markman, City Attorney Lawrence I. Temple, Administrative Services Director Ann Haworth, Accounting Services Supervisor FROM: Tamara L. Layne, Finance Officer SUBJECT: Summary of Warrants Issued to Vendors Representing Possible Conflict of Interest for Councilmember Gutierrez - Council Meeting Date: Nov 5, 2003 Attached for your reference is a summary of warrants by entity that were issued to vendors representing a possible conflict of interest for Councilmember Gutierrez due to his personal business dealings with them. These warrants are included in the Consent Calendar section of each entity's agenda. If you have any questions regarding the attached, please give me a call at extension 2430. Thank you. CITY OF RANCHO CUCAMONGA SUMMARY OF WARRANTS COUNCILMEMBER GUTIERREZ SHOULD ABSTAIN FROM VOTING ON COUNCIL MEETING DATE: November 6, 2003 VENDOR CHECK # DATE AMOUNT Southern Cai Edison 202836 10/8/2003 $66,845.93 Southern Cai Edison 203057 10/15/2003 $53,654.84 Southern Cai Edison 203058 10/15/2003 $4,494.07 Southern Cai Edison 203059 10/15/2003 $19,429.89 Southern Cai Edison 203315 10/22/2003 $10,775.88 CITY kifinance~accounts payabletcouncil warrant list. xls 1 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT SUMMARY OF WARRANTS COUNCILMEMBER GUTIERREZ SHOULD ABSTAIN FROM VOTING ON COUNCIL MEETING DATE: NOV 5, 2003 VENDOR CHECK # DATE. AMOUNT NONE hlfinancelaccounts payablelcouncil warrant list. xls FIRE-1 RANCHO CUCAMONGA REDEVELOPMENT AGENCY SUMMARY OF WARRANTS COUNCILMEMBER GUTIERREZ SHOULD ABSTAIN FROM VOTING ON COUNCIL MEETING DATE: NOVEMBER 6, 2003 VENDOR CHECK # DATE AMOUNT NONE k~financetaccounts payable~council warrant list. xls RDA-1 CITY OF RANCItO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202632 10/8/2003 A AND K 30 MIN PHOTO LAB INC 51.71 AP - 00202632 10/8/2003 A AND K 30 MIN PHOTO LAB INC. 9.34 AP - 00202632 10/8/2003 A AND K 30 MIN PHOTO LAB INC 10.59 AP - 00202633 10/8/2003 AA EQUIPMENT 279.07 AP - 00202634 10/8/2003 ABC LOCKSMITHS 80.16 AP - 00202635 10/8/2003 ABLAC 285.87 AP - 00202636 10/8/2003 ABLETRONICS 28.27 AP - 00202638 10/8/2003 ALL AMERICAN ASPHALT 120,377.97 AP - 00202639 10/8/2003 ALL WELDING 7,241.43 AP - 00202640 10/8/2003 ALLEN, SYLVESTER R 227.40 AP - 00202641 10/8/2003 ALPHAGRAPHICS 138.19 AP - 00202642 10/8/2003 ALTA FIRE EQUIPMENT CO 82.41 AP - 00202642 10/8/2003 ALTA FIRE EQUIPMENT CO 37.93 AP - 00202643 10/8/2003 ALTA LOMA CHARTER LINES 484.21 AP - 00202644 10/8/2003 AMAZON.COM CREDIT 89.29 AP - 00202646 10/8/2003 AMERICAN TRAINING RESOURCES INC 427.59 AP - 00202647 10/8/2003 AMO RECOVERIES INC. 3,302.90 AP - 00202648 10/8/2003 ARCH WIRELESS 1,200.11 AP - 00202650 10/8/2003 ARRIUZ, ELISSA 104.15 AP - 00202651 10/8/2003 ASSOCIATED ENGINEERS 902.50 AP - 00202651 10/8/2003 ASSOCIATED ENGINEERS 9,187.50 AP - 00202652 10/8/2003 AUTO RESTORATORS INC 289.61 AP - 00202653 10/8/2003 B AND K ELECTRIC WHOLESALE 20.21 AP - 00202653 10/8/2003 B AND K ELECTRIC WHOLESALE 246.75 AP - 00202654 10/8/2003 BAKER, SHARI 149.50 AP - 00202655 10/8/2003 BANAAG, ELLEN 100.00 AP - 00202656 10/8/2003 BARNES AND NOBLE 306.16 AP - 00202657 10/8/2003 BAUTER, LYNN 85.00 AP - 00202659 10/8/2003 BELLATO, DEBORAH 67.73 AP - 00202661 '10/8/2003 BERTOLINO, GARY 40.00 AP - 00202662 10/8/2003 BILL BLANCHARDS LITTLE BIG BAND 100.00 AP - 00202662 10/8/2003 BILL BLANCHARDS LITTLE BIG BAND 300.00 AP - 00202663 10/8/2003 BISHOP COMPANY 716.51 AP ~ 00202664 10/8/2003 BOYLE ENGINEERING 4,474.60 AP - 00202664 10/8/2003 BOYLE ENGINEERING 554.30 AP ~ 00202665 10/8/2003 BRODART BOOKS 285.51 AP - 00202666 10/8/2003 BURLINGTON NORTHERN AND SANTA FE RAR 37,500.00 AP- 00202667 10/8/2003 BUZZ AD PROMOTIONS 1,151.91 AP - 00202667 10/8/2003 BUZZ AD PROMOTIONS 2.32 AP - 00202668 10/8/2003 C 18 INC. 7,490.00 AP - 00202669 10/8/2003 CALIFORNIA, STATE OF 40.27 AP - 00202669 10/8/2003 CALIFORNIA, STATE OF ~ 71.37 AP ~ 00202670 10/8/2003 CALLAWAY, CHARLES 3.80 AP - 00202671 10/8/2003 CAMPBELL, KRISTEN 50.00 AP - 00202672 10/8/2003 CENTRAL CITIES SIGNS ]?NC 67.88 AP - 00202673 10/8/2003 CHA/N~E¥ COLLEGE 860.00 AP - 00202673 10/8/2003 CHAPPk~Y COLLEGE 200.00 AP - 00202674 10/8/2003 CHAMPION AWARDS AND SPECIALIES 12.93 AP - 00202675 10/8/2003 CHEVRON USA INC 168.81 AP - 00202676 10/8/2003 CLARK, DEBORAH 30.00 AP - 00202677 10/8/2003 CLARKE PLUMBING SPECIALTIES, INC. 232.74 AP - 00202678 10/8/2003 CLARY, ROSA 143.00 AP - 00202679 10/8/2003 COAST RECREATION INC 1,629.50 User: AHAWORTH - Ann Haworth Page: 1 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:5 / CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202679 10/8/2003 COAST RECREATION INC 1,026.20 AP - 00202680 10/8/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00202680 10/8/2003 COPP CRUSHING CORP, DAN 20.00 AP - 00202680 10/8/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00202682 10/8/2003 COURT TRUSTEE 200.00 AP - 00202682 10/8/2003 COURT TRUSTEE 118.50 AP - 00202684 10/8/2003 CREATIVE DATA PRODUCTS 1,417.84 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 246.33 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 269.43 AP - 00202686 10/8/2003 CuCAMONGA CO WATER DIST 195.73 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 138.78 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 157.48 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 1,457.33 AP ~ 00202686 10/8/2003 CUCAMONGA CO WATER DIST 861.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 2,629.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 71.58 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 1,012.93 AP ~ 00202686 10/8/2003 CUCAMONGA CO WATER DIST 241.77 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 55.20 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 426.35 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 147.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 751.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 3,703.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 78.18 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 1,136.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 431.03 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 4,934.33. AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 468.78 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 69.48 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 79.38 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00202686 I0/8/2003 CUCAMONGA CO WATER DIST 1,928.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 405.83 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 10.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 171.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 163.73 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 249.53 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 113.13 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 182.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 41.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 130.73 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 227.63 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 838.03 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 120.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 296.19 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 99.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 270.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 224.58 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 88.18 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 676.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 107.73 User: AHAWORTH - Ann Haworth Page: 2 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 98.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 49.63 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 128.63 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 103.58 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 845.73 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 100.23 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 36.48 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 55.20 AP~- 00202686 10/8/2003 CUCAMONGA CO WATER DIST 545.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 409.57 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 32.68 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 801.83 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 801.84 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 203.43 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 73.60 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 473.93 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 4,057.33 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 2,276.83 AP - 00202686 10/8/2003 CIJCAMONGA CO WATER DIST 2,240.25 AP - 00202686 10/8/2003 CUCAMONGA CO WATER DIST 1,531.03 AP - 00202687 10/8/2003 D AND K CONCRETE COMPANY 684.22 AP - 00202689 10/8/2003 DAN GUERRA AND ASSOCIATES 15,057.50 AP - 00202689 10/8/2003 DAN GUERRA AND ASSOCIATES 54,532.50 AP - 00202690 10/8/2003 DAPPER TIRE CO 105.25 AP - 00202691 10/8/2003 DIETZEL, JANE 45.00 AP - 00202692 10/8/2003 DIVERSLVIED REPAIR & CONSTRUCTION 2,500.00 AP - 00202693 10/8/2003 DYNASTY SCREEN PRINTING 2,008.78 AP - 00202695 10/8/2003 EBSCO 70.11 AP - 00202695 10/8/2003 EBSCO -18.00 AP - 00202696 10/8/2003 EGGERS, BOB 513.50 AP - 00202697 10/8/2003 EMPIRE MOBILE HOME SERVICE 186.20 AP - 00202698 10/8/2003 ERMAN, GLORIA 24.00 AP - 00202699 10/8/2003 ESGIL CORPORATION 90,252.84 AP - 00202700 I0/8/2003 EVANS SPORTING GOODS 4,514.30 AP - 00202700 10/8/2003 EVANS SPORTING GOODS 16.59 AP - 00202701 10/8/2003 EWI]NG IRRIGATION PRODUCTS 39.75 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 107.46 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 124.12 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 67.26 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 204.46 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 135.84 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 994.36 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 63.79 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 597.19 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 51.39 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 51.20 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 297.07 AP - 00202701 10/8/2003 EWI2~G IRRIGATION PRODUCTS 1,000.89 AP - 00202701 10/8/2003 EWING IRRIGATION PRODUCTS 561.07 AP - 00202702 10/8/2003 EZ RENTALS 164.18 AP - 00202703 10/8/2003 FARRAR, JACKIE 92.50 AP - 00202704 10/8/2003 FEDERAL EXPRESS CORY' 19.48 User: AHAWORTH - Ann Haworth Page: 3 Current Date: 10/28/20~ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202704 10/8/2003 FEDERAL EXPRESS CORP 15.71 AP - 00202705 10/8/2003 FILARSKY AND WATT 3,139.16 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 486.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 870.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES ' 594.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 680.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 594.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 792.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 720.00 AP - 00202706 10/8/2003 FINESSE PERSONNEL ASSOCIATES 662.40 AP - 00202707 10/8/2003 FINGERPRINT AMERICA 999.00 AP - 00202708 10/8/2003 FUKUSHIMA, JUDITH 2,100.00 AP - 00202709 10/8/2003 GALE GROUP,THE 32.27 AP - 00202709 10/8/2003 GALE GROUP,THE 54.12 AP - 00202709 10/8/2003 GALE GROUP,THE 175.05 AP - 00202710 10/8/2003 GALLAGHER'S FINISHING TOUCH ENGRAVING 96.98 AP - 00202711 10/8/2003 GARCIA, VIVIAN 26.64 AP - 00202712 10/8/2003 GARZA, LAURIE 72.55 AP - 00202714 10/8/2003 GERMAN, RUTH 30.00 AP - 00202716 10/8/2003 HAKIMI, SUSAN 198.97 AP - 00202717 10/8/2003 HANSEN, FRANCES 86.00 AP - 00202718 10/8/2003 HARALAMBOS BEVERAGE COMPANY 1,177.59 AP - 00202719 10/8/2003 HARDY, BRADLEY 260.50 AP - 00202720 10/8/2003 HOLLIDAY ROCK CO liNC 713.88 AP - 00202720 10/8/2003 HOLLIDAY ROCK CO iNC 32.02 AP - 00202720 10/8/2003 HOLLIDAY ROCK CO INC 517.21 AP- 00202721 10/8/2003 HOME DEPOT/GECF 7.51 AP - 00202721 10/8/2003 HOME DEPOT/GECF 139.59 AP - 00202722 10/8/2003 HOOPER, ALLISON 750.00 AP - 00202723 10/8/2003 HOPKINS, LORI 300.00 AP - 00202725 10/8/2003 HUMANSCALE CORPORATION 184.48 AP - 00202727 10/8/2003 HURST, CHERYL 288.50 AP - 00202728 10/8/2003 HYDROSCAPE PRODUCTS 1NC 85.22 AP - 00202730 10/8/2003 INLAND LIBRARY SYSTEM 1,467.00 AP - 00202732 10/8/2003 ISA 270.00 AP - 00202733 10/8/2003 JANECEK, LiNDA 11.25 AP - 00202734 10/8/2003 JENSEN, ERIC 673.00 AP - 00202735 10/8/2003 KC PRINTING & GRAPHICS INC 103.60 AP - 00202735 10/8/2003 KC PRINTING & GRAPHICS INC 352.14 AP - 00202736 10/8/2003 KILLEBREW, LINDA 11.40 AP - 00202738 10/8/2003 L S A ASSOCIATES INC 12,196.25 AP - 00202739 10/8/2003 LAB SAFETY SUPPLY INC 98.87 AP - 00202740 10/8/2003 LACLAIRE, MICHELLE 55.00 AP- 00202741 10/8/2003 LAM, JACK 17.93 AP - 00202742 10/8/2003 LAMM, CARIN 34.00 AP - 00202743 10/8/2003 LEAGUE OF CALIFORNIA CITIES 260.00 AP - 00202744 10/8/2003 LETS STOR IT 45.00 AP - 00202747 10/8/2003 LOPEZ, ELIZABETH 21.00 AP - 00202748 10/8/2003 LOWER, DARLENE 251.00 AP - 00202750 10/8/2003 MARSHALL FIELDS 16.05 AP - 00202751 10/8/2003 MARTINEZ, ALVARO 48.00 AP - 00202752 10/8/2003 MASSACHUSETTS DEPARTMENT OF REVENUE 92.04 AP - 00202753 10/8/2003 MAXIMUS 5,580.00 User: AHAWORTH - Ann Haworth Page: 4 Current Date: 10/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202754 10/8/2003 MCMASTER CARR SUPPLY COMPANY 223.60 AP - 00202755 10/8/2003 MEDRANO, DANIELA 200.00 AP - 00202757 10/8/2003 MENDEZ-RUEDA, RAQUEL 72.00 AP - 00202758 10/8/2003 MIJAC ALARM COMPANY 60.00 AP - 00202759 10/8/2003 MILLIKEN, KEELY 1,200.00 AP - 00202761 10/8/2003 MITY LITE 455.47 AP - 00202763 10/8/2003 MORGAN, TU1E 3.80 AP - 00202765 10/8/2003 MOUNTAIN VIEW GLASS AND MIRROR 295.09 AP - 00202766 10/8/2003 MOUNTAIN VIEW SMALL ENG REPAIR 46.31 AP - 00202767 10/8/2003 MUNIIqNANCIAL INC 19,725.00 AP - 00202768 10/8/2003 N M A DUES C/O NAOMI ROBERTS 11.08 AP - 00202770 10/8/2003 NASH, KELVIN 60.00 AP - 00202771 10/8/2003 NATIONAL DEFERRED 24,978.29 AP - 00202772 10/8/2003 NEC BUSINESS NETWORK SOLUTIONS 1NC 200.00 AP - 00202772 10/8/2003 NEC BUSINESS NETWORK SOLUTIONS INC 300.00 AP - 00202773 10/8/2003 NEWPORT PRINTING SYSTEMS 46.28 AP - 00202774 10/8/2003 NKEMERE, BERTHA 40.00 AP - 00202775 10/8/2003 O C B REPROGRAPHICS/NC 67.46 AP - 00202775 10/8/2003 O C B REPROGRAPHICS [NC 1,723.32 AP - 00202775 10/8/2003 O C B REPROGRAPHICS/NC 91.53 AP - 00202776 i0/8/2003 OCLC INC 61.30 AP ~ 00202777 10/8/2003 OFFICE DEPOT 283.07 AP - 00202777 10/8/2003 OFFICE DEPOT 61.01 AP - 00202777 10/8/2003 OFFICE DEPOT 2,973.90 AP - 00202777 10/8/2003 OFFICE DEPOT 126.77 AP - 00202777 10/8/2003 OFFICE DEPOT 2.89 AP - 00202777 10/8/2003 OFFICE DEPOT 11.01 AP ~ 00202777 10/8/2003 OFFICE DEPOT 212.60 AP - 00202777 10/8/2003 OFFICE DEPOT -7.81 AP - 00202777 10/8/2003 OFFICE DEPOT 144.59 AP - 00202777 10/8/2003 OFFICE DEPOT 28.88 AP - 00202777 10/8/2003 OFFICE DEPOT 57.97 AP - 00202777 10/8/2003 OFFICE DEPOT 45.66 AP - 00202777 10/8/2003 OFFICE DEPOT 613.20 AP - 00202777 10/8/2003 OFFICE DEPOT 332.49 AP - 00202777 10/8/2003 OFFICE DEPOT 125.44 AP - 00202777 10/8/2003 OFFICE DEPOT 8.26 AP - 00202777 10/8/2003 OFFICE DEPOT 88.80 AP - 00202777 10/8/2003 OFFICE DEPOT 26.54 AP - 00202777 10/8/2003 OFFICE DEPOT -12.56 AP - 00202777 10/8/2003 OFFICE DEPOT 5.07 AP - 00202777 10/8/2003 OFFICE DEPOT 5.55 AP - 00202777 10/8/2003 OFFICE DEPOT -126.77 AP - 00202777 10/8/2003 OFFICE DEPOT 269.34 AP - 00202777 10/8/2003 OFFICE DEPOT -61.01 AP - 00202777 10/8/2003 OFFICE DEPOT 13.95 AP - 00202777 10/8/2003 OFFICE DEPOT 45.97 AP - 00202778 10/8/2003 OHIO CHILD SUPPORT PAYMENT CENTRAL 77.35 AP - 00202780 10/8/2003 PERFORMANCE AUTO BODY 598.07 AP - 00202781 10/8/2003 PERRY, DENISE 33.00 AP - 00202782 10/8/2003 PERVO PAINT CO 3,006.01 AP - 00202784 10/8/2003 PMI 1,078.20 AP - 00202784 10/8/2003 PMI 958.40 User: AHAWORTH - Ann Haworth Page: 5 Current Date: 10/28/20¢ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Porn-alt Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00202785 10/8/2003 PORAC 240.00 AP - 00202786 10/8/2003 PRE-PAiD LEGAL SERVICES INC 183.87 AP ~ 00202787 10/8/2003 PROCUREMENT PUBLICATIONS 103.60 AP - 00202788 10/8/2003 PROMOTIONS TEES & MORE 987.34 AP - 00202788 10/8/2003 PROMOTIONS TEES & MORE 958.97 AP - 00202789 10/8/2003 PROVENZALE, ELEANOR 3.80 AP - 00202791 10/8/2003 QUINTANA, ZITA 193.00 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 218.68 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 41.92 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 59.42 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 45.72 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 928.78 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 56.31 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 31.92 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 579.68 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 379.06 AP - 00202792 10/8/2003 R AND R AUTOMOTIVE 128.62 AP - 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00203036 10/15/2003 RED WING SHOE STORE 150.00 AP - 00203036 10/15/2003 RED WING SHOE STORE 264.47 AP - 00203036 10/15/2003 RED WING SHOE STORE 150.00 AP - 00203036 10/15/2003 RED WlNG SHOE STORE 277.97 AP - 00203037 10/15/2003 RED WING SHOE STORE 137.38 AP - 00203038 10/15/2003 REESE, CHARLEEN 75.00 AP - 00203039 10/15/2003 RH TECHNOLOGY 792.00 AP - 00203040 10/15/2003 RICE, YVONNE 75.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 4,689.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 17,337.15 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 4,852.50 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 56.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 395.20 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 12,088.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 56.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 9,125.23 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 283.91 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 288.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 386.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 160.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 894.40 AP 00203041 10/1512003 RICHARDS WATSON AND GERSHON 892.00 AP 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 2,472.42 AP 00203041 10/15/2003 RICHARDS WATSON AND OERSHON 3,975.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 1,302.95 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 4,232.31 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 495.50 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 7,532.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 3,530.40 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 160.00 User: AHAWORTH - Ann Haworth Page: 17 Current Date: 10/28/2012 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 /'7 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSItON 4,541.97 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSItON 3,275.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSItON 2,191.52 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 7,139.78 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 29.60 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 795.53 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 1,080.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 3,056.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 120.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 32.00 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 5,909.50 AP - 00203041 10/15/2003 RICHARDS WATSON AND GERSHON 9,069.57 AP - 00203042 10/15/2003 RIVERSIDE BLUEPRINT 39.44 AP - 00203042 10/15/2003 RIVERSIDE BLUEPRINT 23.81 AP - 00203043 10/15/2003 ROBLES SR, RAUL P 85.00 AP - 00203043 10/15/2003 ROBLES SR, RAUL P 100.00 AP - 00203044 10/15/2003 RODRIGUEZ, VALARIE 80.00 AP - 00203045 10/15/2003 ROYAL WHOLESALE ELECTRIC 394.63 AP - 00203047 10/15/2003 SAN BERNARDINO, COUNTY OF 25.00 AP - 00203048 10/15/2003 SCHAbFER, CARL 200.00 AP - 00203048 10/15/2003 SCHAI~FER, CARL 450.00 AP - 00203050 10/15/2003 SHARP SEATING 674.00 AP - 00203051 10/15/2003 SIERRA SPRINGS 135.00 AP - 00203052 10/15/2003 SMART MONEY 19.97 AP - 00203054 10/15/2003 SOUTH COAST AQMD 194.30 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 14,992.80 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 4,212.90 AP - 00203057 10/15/2003 SOUTNERN CALIFORNIA EDISON 27.36 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.59 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 13.02 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 13.06 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 13.48 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.19 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.90 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 1.23 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 13.43 AP - 00203057 10/15/2003 SOIJTHERN CALIFORNIA EDISON 28.96 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.46 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 17.87 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 28.32 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.63 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 21.19 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 7.72 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 22.27 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.73 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 41.07 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.47 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 14.37 AP 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.46 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.47 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 12.47 User: AHAWORTH - Ann Haworth Page: 18 Current Date: 10/28/20£ Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203057 10/15/2003 S OLITHERN CALIFORNIA EDISON 20.44 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 16.99 AP - 00203057 10/15/2003 SOUTHERN CALIFORNIA EDISON 13.22 AP - 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00203072 10/15/2003 UNDERGROUND TECHNOLOGY INC. 257.54 AP - 00203072 10/15/2003 UNDERGROUND TECHNOLOGY INC. 88.77 AP - 00203072 10/15/2003 UNDERGROUND TECHNOLOGY 1NC. 160.77 AP - 00203072 10/15/2003 UNDERGROUND TECHNOLOGY INC. 249.54 AP - 00203073 10/15/2003 UNIX'II, ST UNIFORM SERVICE 38.53 AP - 00203073 10/i5/2003 UNI~'IRST LrNIFORM SERVICE 65.95 AP - 00203073 10/15/2003 UNIFIRST UNIFORM SERVICE 21.65 AP - 00203073 10/15/2003 UN~LRST UN[FORM SERVICE 38.53 AP - 00203073 10/15/2003 UNIFIRST UNIFORM SERVICE 147.74 AP - 00203073 10/15/2003 UNIF1RST UNIFORM SERVICE 50.82 AP - 00203073 10/I5/2003 UNII~'IRST UNIFORM SERVICE 584.07 AP - 00203073 10/15/2003 UNIFIRST UNIFORM SERVICE 21.65 AP - 00203073 10/15/2003 UNI~'IRST UNIFORM SERVICE 532.81 AP - 00203073 10/15/2003 UNIFIRST UNIFORM SERVICE 123.89 AP - 00203075 10/15/2003 UNITED WAY 55.00 AP- 00203076 10/15/2003 UPS 26.12 AP- 00203076 10/15/2003 UPS 20.62 User: AHAWORTH - Ann Haworth Page: 20 Current Date: 10/28/20C Report:CK_AGENDA REG PORTRAIT_RC - 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00203100 10/22/2003 A AND R TIRE SERVICE 1,433.44 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 1,382.11 AP ~ 00203100 10/22/2003 A AND R TIRE SERVICE -144.95 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 624.87 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 11.00 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 152.60 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 349.79 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 80.36 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 54.94 AP - 00203100 10/22/2003 A AND R TIRE SERVICE -50.44 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 50.44 AP - 00203100 10/22/2003 A AND R TIRE SERVICE -284.35 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 32.06 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 659.52 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 53.70 User: AHAWORTH - Ann Haworth Page: 21 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203100 10/22/2003 A AND R TIRE SERVICE 235.86 AP - 00203100 10/22/2003 A AND R TIRE SERVICE 42.73 AP - 00203101 10/22/2003 AARON CORP 285.50 AP - 00203102 10/22/2003 ABC LOCKSMITHS 65.46 AP - 00203102 10/22/2003 ABC LOCKSMITHS 36.16 AP - 00203102 10/22/2003 ABC LOCKSMITHS 56.56 AP-00203103 10/22/2003 ABLAC 285.87 AP - 00203105 10/22/2003 AEP WORKSHOPS 140.00 AP - 00203108 10/22/2003 ALLEN, SYLVESTER R 204.66 AP - 00203109 10/22/2003 ALTA FIRE EQUIF1VIENT CO 32.31 AP - 00203112 10/22/2003 AMTECH ELEVATOR SERVICES 179.00 AP - 00203112 10/22/2003 AMTECH ELEVATOR SERVICES 10,000.00 AP - 00203112 10/22/2003 AMTECH ELEVATOR SERVICES 187.00 AP - 00203113 10/22/2003 ARVS DIESEL FUEL SYSTEMS 1NC 50.00 AP - 00203114 10/22/2003 ASSI SECIJRITY 1,474.99 AP - 00203114 10/22/2003 ASSI SECURITY 0.01 AP - 00203115 10/22/2003 ASSOCIATED ENGINEERS 6,000.00 AP - 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 23.10 AP - 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 828.38 AP - 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 619.24 AP - 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 780.89 AP 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 111.31 AP 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 179.50 AP 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 856.61 AP 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 161.38 AP 00203117 10/22/2003 B AND K ELECTRIC WHOLESALE 79.01 AP 00203118 10/22/2003 BAKER, SHARI 149.50 AP - 00203120 10/22/2003 BODY SHOTS 1,386.00 AP - 00203121 10/22/2003 BORDNER, MARGIE 607.20 AP- 00203122 10/22/2003 BRODART BOOKS 2,173.86 AP - 00203123 10/22/2003 BUCKNAM AND ASSOCIATES 1,404.64 AP - 00203124 10/22/2003 BURKE, KAREN 22.20 AP - 00203127 10/22/2003 CALIFORNIA TENT INC 4,248.23 AP - 00203127 10/22/2003 CALIFORNIA TENT INC 47.05 AP - 00203128 10/22/2003 CALIFORNIA, STATE OF 40.27 AP - 00203128 10/22/2003 CALIFORNIA, STATE OF 71.37 AP - 00203129 10/22/2003 CALSENSE 6,118.61 AP - 00203130 10/22/2003 CARAWAY, ROBIN 9.00 AP- 00203131 10/22/2003 CARL WARREN & COMPANY 221.56 AP - 00203132 10/22/2003 CARLSON, TERESA 56.00 AP - 00203133 10/22/2003 CARRIAGE ESTATES II LLC 7,000.00 AP - 00203133 10/22/2003 CARRIAGE ESTATES II LLC 1,000.00 AP - 00203134 10/22/2003 CERTII~IED AUTO CARE 1,274.38 AP - 00203134 10/22/2003 CERTII~IED AUTO CARE 34.64 AP - 00203134 10/22/2003 CERTIFIED AUTO CARE 130.08 AP - 00203134 10/22/2003 CERTLFIED AUTO CARE 900.29 AP - 00203134 10/22/2003 CERTIFIED AUTO CARE 73.64 AP - 00203134 10/22/2003 CERTII~IED AUTO CARE 935.97 AP - 00203134 10/22/2003 CERTIFIED AUTO CARE 392.41 AP- 00203134 10/22/2003 CERTII~IED AUTO CARE 1,101.82 AP - 00203135 10/22/2003 CERTII~II:D TOWING 125.00 AP - 00203136 10/22/2003 CHAI~I~EY JOINT UNION HS DISTRICT 23,520.00 AP - 00203137 10/22/2003 CHEVRON USA INC 132.77 User: AHAWORTH - Ann Haworth Page: 22 Current Date: 10/28/20C Report:CK_AGENDA REG PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:5 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203138 10/22/2003 CHOICE POINT BUSINESS AND GOVERNMENT ~ 195.00 AP - 00203139 10/22/2003 CHON, MEELA 58.25 AP - 00203140 10/22/2003 CHRISP COMPANY 30.00 AP - 00203141 10/22/2003 CLARK, KAREN 326.00 AP - 00203143 10/22/2003 CLOUT 60.00 AP - 00203144 10/22/2003 COBB, SUSAN 170.00 AP - 00203145 10/22/2003 COMBINED MARTIAL SCIENCE INC 2,215.80 AP - 00203146 10/22/2003 COMPETITIVE EDGE CYCLERY 244.90 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 622.00 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 65.19 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 84.55 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 94.50 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 47.60 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 82.69 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 196.10 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 164.50 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 59.90 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 119.87 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 81.80 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 59.90 AP - 00203147 10/22/2003 CONCENTRA MEDICAL CENTERS 109.65 AP - 00203148 10/22/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00203148 10/22/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00203148 10/22/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00203148 10/22/2003 COPP CRUSHING CORP, DAN 10.00 AP - 00203150 10/22/2003 COUNTY OF, SAN BERNARDINO 55.00 AP - 00203151 10/22/2003 COURT TRUSTEE 200.00 AP - 00203151 10/22/2003 COURT TRUSTEE 118.50 AP - 00203152 10/22/2003 CREATIVE 18.80 AP - 00203152 10/22/2003 CREATIVE 178.54 AP - 00203153 10/22/2003 CRUZ, RICHARD 85.00 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 91.48 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 864.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 313.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 176.93 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 77.13 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 213.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 568.63 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 151.98 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 173.63 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 89.28 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 186.08 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 965.63 AP 00203156 10/22/2003 CUCAMONGACOWATERDIST 111.03 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 402.43 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 366.13 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 131.08 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 150.06 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 150.07 AP 00203156 10/22/2003 CUCAMONGA CO WATER DIST 680.73 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 237.45 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 16.61 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 271.55 User: AHAWORTH - Ann Haworth Page: 23 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 153.84 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 40.57 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 159.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 202.58 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 112.38 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 393.98 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 166.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 106.88 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 67.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 164.83 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 167.38 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 169.33 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 103.33 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 110.93 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 234.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 413.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 67.18 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 1,824.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 192.33 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 134.03 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 180.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 348.88 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 504.83 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 93.68 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 608.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 391.53 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 419.03 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 174.83 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 278.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 265.03 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 113.76 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 113.77 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 251.73 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 467.33 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 434.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 396.93 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 260.53 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 305.63 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 196.73 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 140.73 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 85.21 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 85.22 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 58.48 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 435.56 AP - 00203 I56 10/22/2003 CUCAMONGA CO WATER DIST 435.57 AP - 00203156 10/22/2003 CIJCAMONGA CO WATER DIST 91.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 7,718.43 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 256.23 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 221.28 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 616.93 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 1,889.93 AP - 00203156 10/22/2003 CUCAMONGA CO WATER DIST 823.83 AP - 00203158 10/22/2003 D 3 EQUIPMENT 32.51 User: AHAWORTH - Ann Haworth Page: 24 Current Date: 10/28/20E Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP- 00203158 10/22/2003 D 3 EQUIPMENT I7.40 AP - 00203159 10/22/2003 D AND K CONCRETE COMPANY 550.07 AP - 00203159 10/22/2003 D AND K CONCRETE COMPANY 499.96 AP - 00203160 10/22/2003 DAGHDEVIRIAN, KATHY 1,082.40 AP - 00203162 10/22/2003 DAN GUERRA AND ASSOCIATES 6,200.00 AP - 00203163 10/22/2003 DANCE TERRIFIC 3,149.50 AP - 00203165 10/22/2003 DAVES TOWING SERVICE 100.00 AP - 00203166 10/22/2003 DAVIS, RHONDA 20.00 AP - 00203167 10/22/2003 DEER CREEK CAR CARE CENTER 56.00 AP - 00203168 10/22/2003 DICK, ERIC 50.00 AP - 00203168 10/22/2003 DICK, ERIC 50.00 AP - 00203169 10/22/2003 DIVERSIFIED REPAIR & CONSTRUCTION 5,000.00 AP - 00203 I70 10/22/2003 DPDG FUND III LLC 3,000.00 AP - 00203 I71 10/22/2003 DRACHAND, DI ANNE 900.00 AP - 00203172 10/22/2003 DUI~YY, RICK 1,190.00 AP - 00203173 10/22/2003 DUGAN, ALLISON 586.50 AP ! 00203174 10/22/2003 DYAN INC, DIANE 720.00 AP - 00203 I75 10/22/2003 EASTER ELECTRONICS TRANSPORT, INC. 10.20 AP - 00203177 10/22/2003 EMPIRE MOBILE HOME SERVICE 4,100.00 AP - 00203177 10/22/2003 EMPIRE MOBILE HOME SERVICE 1,600.00 AP - 00203178 10/22/2003 EN POINTE TECHNOLOGIES 848.98 AP - 00203179 10/22/2003 ESPINO'S COP SHOP INC 164.61 AP - 00203179 10/22/2003 ESPINO'S COP SHOP INC 194.95 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 21.87 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 33.39 AP - 00203180 10/22/2003 EWING iRRIGATION PRODUCTS 491.12 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 123.48 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 62.13 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 36.01 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 96.24 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 817.20 AP ~ 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 204.80 AP - 00203180 10/22/2003 EWING IRRIGATION PRODUCTS 131.40 AP - 00203181 10/22/2003 EXCLUSIVE EMAGES 151.92 AP - 00203182 10/22/2003 FEDERAL EXPRESS CORP 28.25 AP - 00203182 10/22/2003 FEDERAL EXPRESS CORP 11.00 AP - 00203182 10/22/2003 FEDERAL EXPRESS CORP 19.48 AP - 00203182 10/22/2003 FEDERAL EXPRESS CORP 25.38 AP - 00203182 10/22/2003 FEDERAL EXPRESS CORP 17.14 AP - 00203 I83 10/22/2003 FINESSE PERSONNEL ASSOCIATES 680.00 AP - 00203183 10/22/2003 FINESSE PERSONNEL ASSOCIATES 662.40 AP - 00203185 10/22/2003 FIRST PLACE TROPHIES 30.17 AP - 00203187 10/22/2003 FOOTHILL CARPET AND MATTRESS 5,000.00 AP - 00203188 10/22/2003 FORD OF UPLAND INC 76.45 AP - 00203188 10/22/2003 FORD OF UPLAND INC 180.78 AP - 00203188 10/22/2003 FORD OF UPLAND INC 232.15 AP - 00203188 I0/22/2003 FORD OF UPLAND INC 71.07 AP - 00203188 10/22/2003 FORD OF UPLAND INC -71.07 AP - 00203188 10/22/2003 FORD OF UPLAND INC 76.46 AP - 00203192 10/22/2003 GEOGRAPHiCS 978.37 AP - 00203192 10/22/2003 GEOGRAPHICS 452.55 AP ~ 00203~93 10/22/2003 GIORDANO, MARIANNA 360.00 AP - 00203195 10/22/2003 GONSALVES AND SON,JOE A 2,500.00 User: AHAWORTH - Ann Haworth Page: 25 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203195 10/22/2003 GONSALVES A~D SON,JOE A 360.00 AP - 00203196 10/22/2003 GREEN FLOAT 2,000.00 AP - 00203197 10/22/2003 GREEN ROCK POWER EQUIPMENT 114.22 AP - 00203197 10/22/2003 GREEN ROCK POWER EQUIPMENT 76.10 AP - 00203198 10/22/2003 GREENWOOD'S UNIPORMS 123.21 AP - 00203198 10/22/2003 GREENWOOD'S UNIFORMS 57.05 AP - 00203199 10/22/2003 HAKIMI, SUSAN 227.40 AP - 00203200 10/22/2003 HANGER 18, LLC 525.00 AP - 00203201 10/22/2003 HARALAMBOS BEVERAGE COMPANY 2.18 AP - 00203201 10/22/2003 HARALAMBOS BEVERAGE COMPANY 218.65 AP - 00203202 10/22/2003 HARDY, BRADLEY 260.50 AP - 00203203 10/22/2003 HEILIG, KELLY 1,289.70 AP - 00203204 10/22/2003 HERNANDEZ, ADRIANA 38.00 AP - 00203205 10/22/2003 HI STANDARD AUTOMOTIVE 98.19 AP - 00203206 10/22/2003 HILLCREST CONTRACTING INC. 2,000.00 AP - 00203206 10/22/2003 HILLCREST CONTRACTING INC. 2,000.00 AP - 00203206 10/22/2003 HILLCREST CONTRACTING INC. 2,000.00 AP - 00203207 10/22/2003 HOME DEPOT/GECF 122.68 AP - 00203207 10/22/2003 HOME DEPOT/GECF 387.90 AP - 00203207 10/22/2003 HOME DEPOT/GECF 111.67 AP - 00203207 10/22/2003 HOME DEPOT/GECF 29.69 AP - 00203207 10/22/2003 HOME DEPOT/GECF 56.54 AP - 00203207 10/22/2003 HOME DEPOT/GECF 273.44 AP - 00203207 10/22/2003 HOME DEPOT/GECF 144.58 AP - 00203207 10/22/2003 HOME DEPOT/GECF 491.56 AP - 00203207 10/22/2003 HOME DEPOT/GECF 838.62 AP - 00203207 10/22/2003 HOME DEPOT/GECF 123.21 AP - 00203207 10/22/2003 HOME DEPOT/GECF 123.45 AP - 00203207 10/22/2003 HOME DEPOT/GECF 103.31 AP - 00203207 10/22/2003 HOME DEPOT/GECF 228.48 AP - 00203207 10/22/2003 HOME DEPOT/GECF 58.37 AP ~ 00203207 10/22/2003 HOIV~ DEPOT/GECF 114.84 AP - 00203207 10/22/2003 HOME DEPOT/GECF 6.40 AP - 00203207 10/22/2003 HOME DEPOT/GECF 141.66 AP - 00203207 10/22/2003 HOME DEPOT/GECF 21.53 AP - 00203208 10/22/2003 HOSE MAN INC 125.85 AP - 00203208 10/22/2003 HOSE MAN INC -32.16 AP - 00203210 10/22/2003 HOYT, RAYMOND 1,278.60 AP - 00203211 10/22/2003 HSU, STEVE 414.00 AP - 00203212 10/22/2003 HURST, CHERYL 288.50 AP - 00203213 10/22/2003 INDUSTRIAL SUPPLY COMPANY 60.08 AP - 00203213 10/22/2003 INDUSTRIAL SUPPLY COMPANY 390.44 AP - 00203213 10/22/2003 INDUSTRIAL SUPPLY COMPANY 754.25 AP - 00203214 10/22/2003 INLAND VALLEY DALLY BULLETIN 114.60 AP - 00203214 10/22/2003 INLAND VALLEY DAILY BULLETIN 114.60 AP - 00203214 10/22/2003 INLAND VALLEY DALLY BULLETIN 453.50 AP - 00203214 10/22/2003 INLAND VALLEY DAILY BULLETIN 114.60 AP - 00203214 10/22/2003 INLAND VALLEY DALLY BULLETIN 114.60 AP - 00203215 10/22/2003 INLAND VALLEY DALLY BULLETIN 573.30 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 621.60 AP - 00203215 10/22/2003 INLAND VALLEY DALLY BULLETIN 122.85 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 130.20 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 132.30 User: AHAWORTH - Ann Haworth Page: 26 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 200.55 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 737.10 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 602.70 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 301.35 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 296.10 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 98.70 AP - 00203215 10/22/2003 INLAND VALLEY DAILY BULLETIN 196.35 AP - 00203216 10/22/2003 INLAND VALLEY DANCE ACADEMY 1,323.00 AP ~ 00203217 10/22/2003 INTERSTATE BATTERIES 50.13 AP - 00203218 10/22/2003 J T WIMSATT CONTRACTING COMPANY INC 115.63 AP - 00203219 10/22/2003 HMENEZ, SHARON 56.00 AP - 00203220 10/22/2003 JONES, JAMES 105.00 AP - 00203221 10/22/2003 JOSEPH C TRUXAW AND ASSOCIATES INC 15.00 AP - 00203222 10/22/2003 KARL HOSTETLER 500.00 AP - 00203223 10/22/2003 KC PRINTING & GRAPHICS INC 114.95 AP - 00203224 10/22/2003 KEITH COMPANIES, THE 11,163.50 AP - 00203224 10/22/2003 KEITH COMPANIES, THE 1,398.84 AP - 00203225 I0/22/2003 KIMMEL, LINDA 40.00 AP - 00203226 10/22/2003 KNOTTS BERRY FARM 1,440.00 AP - 00203226 10/22/2003 KNOTTS BERRY FARM 96.00 AP - 00203227 10/22/2003 KOLA 99.9 4,500.00 AP - 00203228 10/22/2003 KORANDA CONSTRUCTION 2,655.00 AP - 00203228 10/22/2003 KORANDA CONSTRUCTION 587.50 AP - 00203229 10/22/2003 KOZLOVICH, DEBBIE 2,697.00 AP - 00203230 10/22/2003 LaLONDE, JOHN 819.00 AP - 00203231 10/22/2003 LAM, JACK 75.00 AP - 00203232 10/22/2003 LEIIq~ER, LUKAS 72.00 AP - 00203233 10/22/2003 LIL STITCH 746.44 AP - 00203233 10/22/2003 LIL STITCH 603.40 AP ~ 00203234 10/22/2003 LIM, HEATHER' 876.00 AP - 00203235 10/22/2003 LITTLE BEAR PRODUCTIONS 145.00 AP ~ 00203236 10/22/2003 LIVE OAK DOG OBEDIENCE 586.50 AP - 00203237 10/22/2003 LOS ANGELES COCA COLA BTL CO 1,453.82 AP - 00203238 10/22/2003 LOWE'S COMPANIES INC. 338.02 AP - 00203238 10/22/2003 LOWE'S COMPANIES INC. 21.51 AP - 00203239 10/22/2003 LOWER, DARLENE 251.00 AP - 00203240 10/22/2003 MAGRUDER, KAREN 84.00 AP - 00203241 10/22/2003 MARSHALL PLUMBING 800.00 AP - 00203241 10/22/2003 MARSHALL PLUMBING 409.77 AP - 00203241 10/22/2003 MARSHALL PLUMBING 852.90 AP - 00203242 10/22/2003 MARSHALL, SYLVIA 1,150.80 AP - 00203243 10/22/2003 MASSACHUSETTS DEPARTMENT OF REVENUE 75.74 AP - 00203244 10/22/2003 MCI 690.43 AP - 00203245 10/22/2003 MCWELCO PRODUCTS 548.02 AP - 00203247 10/22/2003 MIKE JORDAN 500.00 AP - 00203248 10/22/2003 MILLS, CAREY 774.90 AP ~ 00203249 10/22(2003 MITCHELL, WALTER Z 787.50 AP - 00203251 10/22/2003 MOBILE STORAGE GROUP INC 145.34 AP - 00203252 10/22/2003 MOE, JOHN 306.00 AP - 00203253 10/22/2003 MONTGOMERY, MICHAEL 500.00 AP - 00203254 10/22/2003 MORRIS, EDWARD 85.00 AP - 00203256 10/22/2003 MYERS NUART LIGHTING PRODUCTS 3,514.81 AP - 00203258 10/22/2003 N M A DUES C/O NAOMI ROBERTS 11.08 User: AHAWORTH - Ann Haworth Page: 27 Current Date: 10/28/20~2 Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 CITY OF RANCHO CUCAMONGA Agenda Check Register 10/7/2003 through 10/27/2003 Check No. Check Date Vendor Name Amount AP ~ 00203259 10/22/2003 NAPA AUTO PARTS 25.50 AP - 00203259 10/22/2003 NAPA AUTO PARTS 46.55 AP - 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00203349 10/22/2003 WITTER, JOANNE 200.00 AP - 00203350 10/22/2003 YODER, MARY 120.00 AP - 00203351 10/22/2003 ZAILO, ROBERT 345.60 AP - 00203352 10/27/2003 SAL'S pIT:ZA_ 230.00 Total for Check ID AP: 2,179,959.36 Total for Entity: 2,179,959.36 User: AHAWORTH - Ann Haworth Page: 31 Current Date: 10/28/20C Report:CK_AGENDA_REG_PORTRAIT_RC - CK: Agenda Check Register Portrait Layout Time: 17:51:2 THE CITY OF I~A N C Ii 0 CIICAHONGA Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Lori. Shriver, Planning Aide SUBJECT: LANDMARK DESIGNATION DRC2003-00630 - JAMES BANKS, JR. AND MARSHA MEEK BANKS - A request to designate the Hippard Ranch Vineyards as a Designated Local Landmark, located at 13100 Victoria - APN: 0227-121-53 and 54. Related file: Mills Act Agreement DRC2003-00631. MILLS ACT APPLICATION DRC2003-00631 - JAMES BANKS, JR AND MARSHA MEEKS BANKS - A request to implement the use of the Mills Act to reduce property tax on the Hippard Ranch Vineyards, currently applying for Historic Landmark Status, located at 13100 Victoria - APN: 0227-121-53 and 54. Related file: Landmark Designation DRC2003-00630. RECOMMENDATION: The Historic Preservation Commission unanimously recommends designation of the Hippard Ranch Vineyards as a Designated Local Landmark and approval of a Mills Act Agreement by adoption of the attached Resolution and Mills Act Agreement. BACKGROUND: The proposed designated landmark at 13100 Victoria Street was purchased by an Ohio congregation for their minister, Samuel Hippard, from the Chaffey brothers in 1882. Vineyards were planted prior to 1916 and remained in use until the mid-1920s, when they were removed because of prohibition. The Banks family, who also own the Hippard Ranch home, re-planted the vineyards in 1997 and have continued to maintain the vineyards. ANALYSIS: The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of the Hippard Ranch Vineyards. ENVIRONMENTAL ASSESSMENT: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. City Planner BB:LS\ma Attachments: Exhibit "A" - Historic Preservation Commission Staff Report dated September 24, 2003 Draft Resolution of Approval for DRC2003-00630 Mills Act Agreement THE CITY OF I~AN CII 0 CIJCAMONGA DATE: September 24, 2003 TO: Chairman and Members of the Histodc Preservation Commission FROM: Brad Buller, City Planner BY: Led Shriver, Planning Aide SUBJECT: LANDMARK DESIGNATION DRC2003-00630 - JAMES BANKS, JR. AND MARSHA MEEK BANKS- A request to designate the Hippard Ranch Vineyards as a Designated Local Landmark. The Vineyard is located at 13100 Victoria- APN: 0227-121-54 and 0227-121-53. Related file: Mills Act Agreement DRC2003-00631. MILLS ACT APPLICATION DRC2003-00631 ,- JAMES BANKS, JR. AND MARSHA MEEKS BANKS - A request to implement the use of the Mills Act to reduce property tax on the Hippard Ranch Vineyards, currently applying for Historic Landmark Status, located at 13100 Victoria - APN: 0227-121-54 and 0227-121-53. Related' files: Landmark Designation DRC2003-00630. BACKGROUND: The Landmark Designation/Mills Act request was continued from the August 13, 2003, Historic Preservation Commission meeting at the applicant's request. Background and Analysis of the property can be reviewed in the attached staff report from August 13; 2003. AMENDMENTS: The odginal staff report dated August 13, 2003, estimates [he Mills Act tax savings to the property owner to be approximately $1,166 annually (ANALYSIS, Section C). This should be amended as an unknown amount because the applicant is currently working with the county assessor to possibly receive a higher reduction. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2003-00630 and Mills Act Agreement DRC2003-00631 to be forwarded to the City Council for final action. City Planner BB:LS\ma Attachments: Exhibit "A" - Staff Report dated August 13, 2003 Draft Resolution Recommending Approval of Landmark Designation DRC2003-00630 THE CITY 0 F I~AN CI~ 0 CUCASONGA S affReport DATE: August 13, 2003 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Lori'Shriver, Planning Aide SUBJECT: MILLS ACT APPLICATION DRC2003-00631 - JAMES BANKS, JR. AND MARSHA MEEKS BANKS - A request to implement the use of the Mills Act to reduce property tax on the Hippard Ranch Vineyards, currently applying for Historic Landmark Status, located at 13000 Victoria Street - APN: 0227-121-53 and 54. Related file: Landmark Designation DRC2003-00630. LANDMARK DESIGNATION DRC2003-00630 - JAMES BANKS, JR. AND MARSHA MEEK BANKS - A request to designate the Hippard Ranch Vineyards as a Designated Local Landmark, located at 13000 Victoria Street- APN: 0227-121- 53 and 54. Related file: Mills Act Agreement DRC2003-00631. BACKGROUND A. Historical $iqnificance: The Chaffey brothers pumhased this pamel from the South Pacific Railway July 26, 1882. Also in 1882, a congregation in Ohio bought the land from the Chaffey brothers for their minister, Samuel Hippard. Mr. Hippard passed away before he was ever able to see the land, and bequeathed it to his son George. George Hippard and his family built the Hippard Ranch on the pamel adjacent to the vineyards, and his wife Alice lived there year-round while George used the residence as a vacation home. The vineyards were removed between 1920 and 1930 because of prohibition, and the land remained unplanted until 1997. The Hippard family sold the land separately from the residence, which resulted in it changing ownership frequently until the Banks family purchased it. When the parcel that was previously vineyards was purchased, the original land belonging to Hippard Ranch once again was all under the same ownership. The Banks replanted the original vineyards in 1997 and have continued maintenance thereafter. B. Site Characteristics: The vineyard sits on a 9 acre parcel consisting of the replanted vineyards. The land use zoning of the site and the surrounding area is designated Very Low Residential (.1-2 dwelling units per acre). HISTORIC PRESERVATION STAFF REPORT DRC2003-00630 AND DRC2003-00631-BANKS Augu~ 13,2003 Page2 .ANALYSIS A. General: The site is planted with vineyards in a setup similar to its planting, prior to removal in the 1920s-1930s. The vines are part of a working vineyard and are maintained by the Banks family to retain their agricultural value. These vines were planted in 1997, while the previous vines were planted prior to 1916. B. Landmark Desi.qnation: The subject site qualifies for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as; historical, cultural, neighborhood, and geographic setting. Details conce~:ning these areas of significance are contained in the Facts for Findings section. The requested designation area includes the subject lot and vineyard (Exhibit "B"). C. Mills Act Aqreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit "C"). The concept of the Mills Act program is to provide an incentive for the properly owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. Staff estimates the property tax savings to the owner could be as much as $1,166 per year. The exact amounts are dependent upon the County Assessor's property valuation, which is based on income potential and capitalization rate at the time of assessment. D. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Findinq 1: The proposed landmark is particularly representative of an historical period, type, style, region or way of life. Fact/s: The property is an excellent example of the agricultural period of the Etiwanda area, also exemplifying the livelihood of many settlers in this region. Findinq 2: The proposed landmark is of greater age than most of its kind. FacEs: The original vineyards were planted prior to 1916. Findinq 3: The proposed landmark was connected witl'i someone renowned or important or a Focal personality. FacEs: Both the Chaffey and Hippard families were well known in the region. The Chaffey family owned the property less than a year, but the vineyards 35' HISTORIC PRESERVATION STAFF REPORT DRC2003-00630 AND DRC2003-00631 - BANKS August 13, 2003 Page 3 remained in the Hippard family for over 50 years. The Chaffey family was involved with the creation of the Etiwanda Colony while Mrs. Hippard was active within the community through her work as an Etiwanda librarian from 1941-1948. Finding 4.: The proposed landmark is connected with a business or use, which was once common but is now rare. Fact/s: The vineyards represent one of the most popular agricultural livelihoods in the area. Vineyards were once seen throughout the region, but are now a rare sight. B. Neighborhood and Geographic Setting: Findinq 1: The proposed landmark materially benefits the historic character of the neighborhood. Fact/s: The proposed landmark is the location of one of the earliest vineyards in the area and the new vineyards are reminiscent of the agricultural days of the Etiwanda Model Colony established by the Chaffey Brothers. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletiq newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2003-00630 and Mills Act Agreement DRC2003-00631 to be forwarded to the City Council for final action. Brad Buller City Planner BB:LS:mlg Attachments: Exhibit "A" - Primary Record and Building, Structure and Object Surveys Exhibit "B" - Location Map Exhibit "C" - Photographs of Residence Exhibit "D" - Agreement Schedule Draft Resolution of Approval for DRC2003-00628 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code 5S1 Other Listings Review Code Reviewer Date Page 1 of 2 . *Resource Name or # (Assigned by recorder) Hip@ard Ranch Vineyards Pl. Other Identifier: *P2. Location: [] Not for Publication [] Unrestricted *a. County San Bernardino and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad. Cucamonga Peak Date 1988 T1N;R6W ;H 1/2 of SWl/4 of Sec 33; S.B. B.M. c. Address 13100 Victoria City Rancho Cucamonga Zip 91739 d. UTM: (Give more than one for large and/or linear resources) Zone __ __ mE/ mN e. Other Locational Data: (e.g., pamel #, directions to resource, elevation, etc., as appropriate) APN- 227-121-53 and 227-121-54 *P3a. Description: (Describe resource and its major elements. Include design, materials, conditions, alterations, size, setting, and boundaries) The Chaffey brothers purchased this 9-acre vineyard in 1882. The original vines existed in the vineyard until 1920-1930, when the Hippard family due to prohibition removed them. The Hippard family sold the property to the Vithen family, who did not use the land where the vineyards were. The Banks family planted new vines in 1997 in order to restore the vineyard to its original status. *P3b. Resource Attributes: (List attributes and codes) HP33--Farm/Ranch *P4. Resource Present: [] Building [] Structure [] Object [] Site [] District []Element of District []Other (Isolates, etc.) P5b. Description of Photo: (view, date, accession #) View of Vineyard *P6. Date Constructed/Age and Source: [] Historic [] Prehistoric [] Both *P7. Owner and Address: James and Marsha Banks 10788 Civic Center Drive R~ncho Cucamonaa. CA 91730 *P8. Recorded by: (Name, affiliation, and address) Lori Shriver- Planninc Aide 10500 Civic Center Drive F{~pnh~3 ~uc:am~ng,~ ~A .q17.30 *P9. Date Recorded: ~ *P18. Survey Type: (Describe) Reconnaissance *Pll. Report Citation: (Cite survey report and other sources, or enter 'none'.) Ftiw~nWa: Th~ First 100 years and A History of Etiwanda by Robert Hickcox. Interview with James Banks, owner of the properly. *Attachments: []NONE F-ILecation Map []Continuation Sheet []Building Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record []Milling Station Record []Rock Art Record []Artifact Record []Photograph Record []Other (List): £ ×¼,¥,T'A" J7 DPR 523a (1/95) *Required information State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD HRI # *NRHP Status Code ~S1 Page ? of~ *Resource Name or # (Assigned by recorder) Hippard Ranch Vineyard B1. Historic Name: HioDard Vinevards B2. Common Name: Hip~ard Ranch Vin~_vard __ B3. Original Use: Vineyard B4. Present Use: Vineyard __ *BS. Architectural Style: Agriculture *B6. Construction History: (Construction date, alterations, and date of alterations) Land first bought in 1882 by Chaffey brothers. Vineyards planted prior to 1916. Vines removed between 1920 and 1930 due to regulations from prohibition. Banks family replanted vineyards in 1997. *S7. Moved? No X Yes Unknown Date: Original Location: *B8. Related Features: None B9a. Architect: b. Builder: Chaffey Brothers *B10. Significance: Grape industry Theme: Agriculture Area: Etiwanda Period of Significance: 1880-1920 Property Type: Ranch Applicable Criteria: (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) The land was purchased by Chaffey brothers in 1882. The Chaffey's were one of the most important families in the area due to their expanse of land ownership and involvement within the developing community. The land was later sold to the Hippard family who used the Etiwanda area as a vacation place until Hippard Ranch was built. Mrs. Alice Hippard lived with the children in the Etiwanda home year round, and was active within the community~ During prohibition Mrs. Hippard made wine in her basement, although the vineyards were eventually removed. The vineyard exemplifies the agricultural history of the original Cucamonga Rancho area through use of the vineyards. Although the vines are not original, the land is being used as it had for during one of the most significant periods in the history of Etiwanda. Bll. Additional Resource Attributes: (List attributes and codes) *B12. References: Etiwanda: The First 100 Years. A History of Etiwanda by Robert Hickcox, and interview with James Banks, ~ ~c B13. Remarks: ~. Victoria *B14. Evaluator: Larry Henderson, AICP ~ *Date of Evaluation: 07/17/2003 Telephone Sta~on (This space reserved for official comments) Water Tank O DPR 523b (1/95) [ACROBAT WEBDOC Posted 11/98] *Required information ippard Ranch Vineyards ~ ;~ uu v~ctoria Hippard Ranch Vineyard City of Rancho Cucamonga Historic Preservation. Commission MILLS. ACT AGREEMENT SUPPLEMENTAL: (To be completed by the Applicant) Potential Structure / Property Improvement Time - Line Please list the improvements which are intended to take place over the next 10 years. List them in ord~ of owners priority. I certify that I am presently the legal owner.~e sub~t prop/~y~u-'ther, I acknow_ledge the supplemental information on this form wilf be/fsed ~.. {~e_~h.e _~_ .e Millet /~ Agreement. Date: ~,/t,lo~ Sig~,nS~-l:l. ~,~-~-~-.'!g--'~' ~g.-,~ ¢k2. ~ RESOLUTION NO. (~)3- ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING HISTORIC LANDMARK DRC2003-00630 DESIGNATING THE HIPPARD RANCH VINEYARDS A HISTORIC LANDMARK, LOCATED AT 13100 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121- 53 AND 54. A. Recitals. 1. James Banks Jr. and Marsha Meeks Banks filed an application for Landmark Designation DRC2003-00630, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On September 24, 2003, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and recommended approval. 3. On November 5, 2003, the City Council held their meeting and approved Landmark Designation DRC2003-00630. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately .57 acres of land, basically a rectangular configuration, located at 13100 Victoria Street. 3. Based upon substantial evidence presented to this Council, including minutes of the public hearing by the Historic Preservation Commission on September 24, 2003, written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: FACT FOR FINDING: A. Historical and Cultural Si.qnificance: Finding 1: The proposed landmark is particularly representative of a historical period, type, style, region, or way of life. FacEs: The property is an excellent example of the agricultural period of the Etiwanda area, also exemplifying the livelihood of many settlers in this region. Finding 2: The proposed landmark is of greater age than most of its kind. FacEs: The original vineyards were planted prior to 1916. CITY COUNCIL RESOLUTION NO. LANDMARK DESIGNATION DRC2003-00630 November 5, 2003 Page 2 Finding 3: The proposed landmark was connected with someone renowned or important or a local personality. Fact/s: Both the Chaffey and Hippard families were well known in the region. The Chaffey family owned the property less than a year, but the vineyards remained in the Hippard family for over 50 years. The Chaffey family was involved with the creation of the Etiwanda colony while Mrs. Hippard was active within the community through her work as an Etiwanda librarian from 1941- 1948. Finding 4: The proposed landmark is connected with a business or use, which was once common but is now rare. Fact/s: The vineyards represent one of the most popular agricultural livelihoods in the area. Vineyards were once seen throughout the region, but are now a rare sight. B. Neighborhood and Geographic Setting: Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. Fact/s: The proposed landmark is the location of one of the earliest vineyards in the area and the new vineyards are reminiscent of the agricultural days of the Etiwanda Model Colony established by the Chaffey Brothers. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, as Landmark Designations are exempt under CEQA, section 15331 as a Class 31 exemption (historical resource/restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation DRC2003-00630. 6. The Mayor shall certify to the adoption of this Resolution. RECORDING REQUESTED BY and when RECORDED MAIL TO: city Clerk, city of Rancho Cucamonga P.O. BOX 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this 5th day of November, 2003, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "city") and James Banks, Jr. and Marsha Meek Banks (hereinafter referred to as the "Owner"). WITN ES SETH : A. Recitals. (i) california Government code Section 50280, et seq. authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Etiwanda Switchinq Station and generally located at the street address 13103 -I- victoria Street. Rancho Cucamonaa. CA 91739 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On November 5, 2003, the city Council of the city of Rancho cucamonga adopted its Resolution No. thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal code; and, (iv) city and Owner, for their mutual benefit, now desire to enter into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic Property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division i of the california Revenue and Taxation Code. B. Agreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and Conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on November 5. 2003, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of nonrenewal is mailed as provided herein. If either Owner or city desires in any year not to renew the Agreement, Owner or city shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. unless such notice is served by Owner to city at least 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as provided herein. O~ner may make a written protest of the notice, city may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. standards for Historical Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements, and restrictions: a, Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property .according to the rules and regulations of the office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvements, drafted by the applicant and approved by the city Council, attached hereto as Exhibit c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the city, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Provision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the city which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. -3- 5. Cancellation. city, following a duly noticed public hearing as set forth in California Government code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property, city may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the property in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in california Government code Sections 50280, et seq. 6. Enforcement of Aqreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, city shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the city within 30 days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. city does not waive any claim of default by Owner if city does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in city's regulations governing historic properties are available to the city to pursue in the event that there is a breach of this Agreement. No waiver by city of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. -4- 7. Bindinq Effect of Aqreement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the HistOric Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. city and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby, city and owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictiens touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. TO City: city of Rancho Cucamonga 10500 civic Center Drive P.O. BOX 807 Rancho Cucamonga, CA 91729 Attention: city Planner TO Owner: Mr. And Mrs. Banks 10788 civic Center Drive Rancho Cucamonga, CA 9~730 -5- 9. General Provisions. a. None of the terms, provisions, or .conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold city and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. owner hereby agrees to and shall defend the city and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the city prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and governed in accordance with the laws of the state of £alifornia. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the county Recorder of the county of San Bernardino. The Owner shall be responsible for any fees required by the County for recording this Agreement. Ii. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, city and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: william 3. Alexander, Mayor Dated: By: ]ames Banks, 3r. Dated: By: Marsha Meek Banks -7- STATE OF ~ALIFORNIA ) ~ SS. COUNTY OF SAN BERNARDINO ) On , Kathy Scott, Deputy City Clerk of the city of Rancho Cucamonga, personally appeared WILLIAM ]. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathy Scott Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO On the day of , 2003, before me Notary public, personally appeared , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and the by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official seal. Notary Public in and for said state -8- LEGAL DESCRIPTION for James Banks, Jr. and Marsha Meek Banks 13103 victoria Street Rancho Cucamonga, CA 91739 Mailing: 10788 Civic Center Drive Rancho Cucamonga, CA 9~730 Real property in the city of Rancho Cucamonga, County of San Bernardino, State of California: The westerly 75 feet of the north one-half of Lot 2, Block "K", Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 2 of Maps, Page 24, in the office of the county Recorder of the said County. Exhi b'i t "A" THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effoKt shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. 3.All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4.Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site, and its environment. S.Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6.Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7.The surface cleaning of structures shall be undertaken with the most gentle means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8.Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9.Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10.wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Exhibit "B-l" PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: i. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" POTENTIAL HOIqE IMPROVEMENTS For James Banks, Jr. and Marsha Meek Banks 13103 victoria Street Rancho Cucamonga, CA 91739 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM YEAR TASK i. 2005 Paint sign on water tank- "Hippard Ranch vineyards". 2. 2012 Remove non-historical Italian Cypress trees planted by Water District in last 10-IS years 3, 2012 Replace historical eucalyptus trees on victoria street. 4. 2012 Move historical house onto property. EXHIBIT "C" TH E C I ~ Y OF I~AN CIi 0 CU CAH ONGA $ Repor DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Lori Shriver, Planning Aide SUBJECT: LANDMARK DESIGNATION DRC2003-00628 - JAMES BANKS, JR. AND MARSHA MEEK BANKS - A request to designate the Etiwanda Telephone Switching Station as a Designated Local Landmark, located at 13103Victoria Street - APN: 0227-121-31. MILLS ACT APPLICATION DRC2003-00629 - JAMES BANKS, JR AND MARSHA MEEK BANKS - A request to implement the use of the Mills Act to reduce property tax on the Etiwanda Telephone Switching Station, in conjunction with the application for Historic Landmark Status, located at 13103 Victoria Street - APN: 0227-121-31. RECOMMENDATION The Historic Preservation Commission unanimously recommends designation of the Etiwanda Switching Station as a Designated Local Landmark and approval of a Mills Act Agreement by adoption of the attached Resolution and Mills Act Agreement. BACKGROUND The proposed designated landmark at 13103 Victoria Street was built in approximately 1930 by the Home Telephone Company as the first automatic switching station in the Etiwanda area. The station has had no major alterations in the past 73 years and retains its unique fish-scale roofing. A contributing factor to the parcel is the poured-in-place concrete water tank possibly built by Henry Klusman in 1947. The water tank was used to supply water to the homes and for agricultural uses in the northern Etiwanda area. CITY COUNCIL STAFF REPORT DR02003-00628 - JAMES BANKS, JR. & MARSHA MEEK BANKS November 5, 2003 Page 2 ANALYSIS The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of the Etiwanda Switching Station. ENVIRONMENTAL ASSESSMENT The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Respectfully submitted, Brad Buller City Planner BB:LS'mlg Attachments: Exhibit "A" - Historic Preservation Commission Staff Report dated September 24, 2003 Draft Resolution of Approval for Landmark Designation DRC2003-00628 Mills Act Agreement 'f H E CITY OF ~ANC~O CUCAMONGA SlaffReport DATE: September 24, 2003 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Lori Shriver, Planning Aide SUBJECT: LANDMARK DESIGNATION DRC2003-00628 - JAMES BANKS, JR. AND MARSHA MEEK BANKS- A request to designate the Etiwanda Telephone Switching Station as a Designated Local Landmark, located at 13103 Victoria Street - APN: 0227-121-31. Related file: Mills Act Agreement DRC2003-00629. MILLS ACT APPLICATION DRC2003-00629 - JAMES BANKS, JR. AND MARSHA MEEKS BANKS - A request to implement the use of the Mills Act to reduce property tax on the Etiwanda Telephone Switching Station, currently applying for Historic Landmark Status, located at 13103 Victoria Street - APN: 0227-121~31. Related file: Landmark Designation DRC2003~00628. BACKGROUND: The Landmark Designation/Mills Act request was continued from the August 13, 2003, Historic Preservation Commission meeting at the applicant's request. Background and Analysis of the property can be reviewed in the attached staff report from August 13, 2003. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2003-00628 and Mills Act Agreement DRC2003-00629 to be forwarded to the City Council for final action. City Planner BB:LS\ma Attachments: Exhibit "A" - State Report dated August 13, 2003 Draft Resolution Recommending Approval of Landmark Designation DRC2003-00628 THE CiTY OF ~ ....... , ....... ~+ I II1~ I~AN CliO CUCAHONGA DATE: August 13, 2003 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Lori Shriver, Planning Aide SUBJECT: MILLS ACT APPLICATION DRC2003-00629 JAMES BANKS, JR. AND MARSHA MEEKS BANKS - A request to implement the use of the Mills Act to reduce property tax on the Etiwanda Telephone Switching Station, currently applying for Historic Landmark Status, located at 13103 Victoria Street - APN: 0227-121-31. Related file: Landmark Designation DRC2003-00628. LANDMARK DESIGNATION DRC2003-00628 - JAMES BANKS, JR. AND MARSHA MEEK BANKS - A request to designate the Etiwanda Telephone Switching Station as a Designated Local Landmark, located at 13103 Victoria Street - APN: 0227-121-31. Related file: Mills Act Agreement DRC2003-00629. BACKGROUND A. Historical Siqnificance: The telephone switching station at 13103 Victoria Street was built in approximately 1930. It was the first automatic dialing system for the Etiwanda area. The Home Telephone Company began June 2, 1907, as a mutual cooperative company. Mrs. Florence Fischer and her daughter Nellie operated the telephone switchboard for the Home Telephone Company from their home on Etiwanda Avenue. The Home Telephone Company's operations were taken over by Associated Telephone Company in 1930. At this time the Associated Telephone Company agreed to maintain telephone service as is until an automatic switching station could be built. This was achieved the same year. The Associated Telephone Company constructed the first automatic dialing system in Etiwanda, which provided service to the area from 1930 until 1953, when the Associated Telephone Company was sold to the General Telephone Company. General Telephone built a larger center, causing the station at Etiwanda to become obsolete. The water tank on the southern end of the parcel was constructed in 1947, possibly built by Henry Klusman, as he constructed many poured-concrete structures during this time. Etiwanda Water Company commissioned the building and used the water tank until Southwest Water Company bought out Etiwanda. Southwest owned the water tank until Southwest was bought by Cucamonga County Water District. The Cucamonga County Water District decommissioned the water tank in the 1980's and cut a garage door into it for use as a service yard for the Etiwanda area. They renamed the tank the 'roundhouse,' and eventually sold it to the Banks family. HISTORIC PI~IESERVATiOh~STAFF REPORT DRC2003-00628 AND DRC2003-00629 - BANKS August 13, 2003 Page 2 B. Site Characteristics: The buildings sit on a 0.57 acre pamel, containing the water tank and the telephone station. The water tank is currently used as a storage area while the telephone station is not presently being used. The zoning of the site and surrounding area is designated Very Low Residential (.1-2 dwelling units per acre). ANALYSIS: A. General: The Etiwanda telephone switching station is rectangular in shape, with a steeply pitched roof. The one-story, brick masonry structure is roofed with composition shingles laid in a fish-scale pattern. · The water tank is poured-in-place concrete with alterations including a garage-entry way and shelves on the interior for storage. The tank was built in 1947, possibly by the well- known Henry Klusman. The Cucamonga County Water District made alterations, although the Banks family has removed some of the alterations. B. Landmark De._~nation: The subject structures certainly qualify for landmark designation based upon much of the criteria from the City's Historic Preservation Ordinance, including such significant areas as; historical, cultural, neighborhood and geographic setting. Details concerning these areas of significance are contained in the Facts for Findings section. The requested designation consists of the subject lot, including the telephone switching station and water tank (Exhibit "C"). C. Mills Act Aqreement: In accordance with City policy, the owner has requested a Mills Act Agreement. The Agreement Schedule List of Improvements has been drafted and reviewed and is attached for reference (Exhibit "D"). The concept of the Mills Act program is to provide an incentive for the property owner to protect and preserve the property by retaining its characteristics of historical significance. This intent is encouraged through the reduction of property taxes, thus enabling the property owner to reinvest the money saved from the reduced property tax on improvements. The properties that enter into the agreement are to be inspected by City staff on an annual basis to determine whether notable progress has been made in rehabilitating the property. The exact property tax savings are dependent upon the County Assessor's preperbj valuation, which is based on income potential and capitalization rate at the time of assessment. D. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed landmark is particularly representative of an historical period, type, style, region or way of life. Fact/s: The telephone station is an excellent example of the technological advances made in the early part of the 20th Century. Findinq 2: The proposed landmark is an example of a type of building that was once common but is now rare. HISTORIC PRESERVATIO~TAFF REPORT DRC2003-00628 AND DRC2003-00629 - BANKS August 13, 2003 Page 3 Fact/s: Automatic dialing stations were once a major technological advance, but now are obsolete in this form and few remain. Findinq 3: The proposed landmark is of greater age than most of its kind. Fact/s: The Etiwanda telephone switching station is approximatelY 73 years old with no major alterations. Fact/s: The water tank is 56 years old with a few alterations. B. Historic Architectural and Engineering Significance: Finding 1: The construction materials or engineering methods used in the proposed landmark are unusual, significant or uniquely effective. Fact/s: The brick masonry of the building has a unique effect. C. Neighborhood and Geographic Setting: Findinq 1: The proposed landmark materially benefits the historic character'of the neighborhood. Fact/s: The proposed landmark is the first automatic dialing system for the Etiwanda area and is easily seen from Victoria Street, causing it to be a noticeable part of the historic area. Fact/s: The water tank has remained on the property for over 50 years and is also visible from Victoria Street, adding to the historical character of the property. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 feet of the'project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Landmark Designation DRC2003-00628 and Mills Act Agreement DRC2003-00629 to be forwarded to the City Council for final action. City Planner BB:LS:mlg Attachments: Exhibit "A" - Primary Record and Building, Structure and Object Surveys Exhibit "B" - Location Map Exhibit "C" - Photographs of Proposed Landmark Exhibit "D" - Agreement Schedule Draft Resolution of Approval for DRC2003-00628 State of California - The Resources Agency Prima~y # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code 5S1 Other Listings Review Code Reviewer Date Page 1 of 3 *Resource Name ar # (Assigned by recorder) Pl. Other Identifier: Etiwanda Telephone Sw tchinq Station *P2. Location: [] Not for Publication [] Unrestricted *a. County San Bernardino and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessa~J.) *b. USGS 7.5' Quad Cucamonga Peak Date1988 TI.~;N'R6W ;H 1/2ofSW 1/4 of Sec 33 ; S.B. B.M. c. Address 13103 Victoria City RanchoCucamcnga Zip 91739 d. UTM: (Give more than one for large and/or linear resoumes) Zone __ __ mE/ mN e. Other Locational Data; (e.g., parcel #, directions to resoume, elevation, etc., as appropriate) APN- 227-121-31 *P3a. Description: (Describe resource and its major elements. Include design, materials, conditions, alteraticos, size, setting, and boundaries) This building from the 1930's is rectangular in shape, with a high- pitched, gabled roof. The one-story, brick masonry structure is roofed with composition shingles. The building style is colonial. Also on this parcel of land is a water tank, built in 1947. The tank was constructed through poured-in-place concrete and is 14 feet deep with a diameter of 50 feet. *P3b. Resource Attributes: (List attributes and codes) HP9 Public Utilitv Buildin(~ *P4. Resource Present: [] Building [] Structure [] Object [] Site [] District r-lElement of District []Other (isolates, etc.) P5b. Description of Photo: (view, ~ .... date, accession #) *P6. Date Constructed/Age and Source:[] Historic [] Prehistoric [] Both ~,pDroximatelv 1930 *P7. Owner and Address: James and Marsha Banks 10788 Civic Center Drive Rancho Cucamonea. CA 91730 *P8. Recorded by: (Name, affiliation, and address) Lori Shrivel- Plannino Aide City of Rancho Cucamonea 10500 Civic Center Drive I Rancho Cucamonga, CA 91739 *P10, Survey Type: (Describe) Reconnaissance *P11. Report Citation: (Cite survey report and other sources, or enter "none".) Etiwanda: The First 100 Years and A History of Etiwanda by Robert Hickcox. interview with owner, James Banks. *Attachments; I--INaNE []Location Map i--{Continuation Sheet []Building Structure, and Object Record []Archaeological Record []District Record I--ILinear Feature Record []Milling Station Record []Rock Art Record []Artifact Record []Photograph Record []Other (List): aPR 523, (1/95) *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD HRI # *NRHP Status Code 5S1 *Resource Name or # (Assigned by recorder) Etiwanda Telephone Switchinq Station Page 2 of 3 BI. Historic Name: Associated Teleohone Switchin(3 Station B2. Common Name: EtiwandaTeleghone Switching Station B3. Original Use: HgusP-d automatic dialing sy.~tem for Ftiwanda are~. B4. Present Use: No Current Use *B5. Architectural Style: Gnlonial *B6. Construction History: (Construction date, alterations, and date of alterations) Built in approximately 1930 by the Home Telephone Company. No known alterations. *B7, Moved? No X Yes Unknown Date: Original Locatlonl *B8. Related Features: Water Tank B9a. Amhitect: unknown b, Builder: unknown *B10, Significance: 20th Century Technological Advances Theme: Colonial Area: Etiwanda Period of Significance: 1930-1950 Property Type: Public Utility Applicable Criteria: Local Landmark (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) Associated Telephone Company constructed this building to contain the first automatic dialing system in Etiwanda. Prior to this Mrs. Fischer operated the telephone switching station at her residence on Etiwanda Avenue. The switching station's simple architecture relates to its purpose of sheltering the automatic system from weather. This building is unique because it is the first station to house the automatic system and was built as early as the 1930's and remained in use until the 1953, when Associated Telephone Company was sold to General Telephone Company. B11. Additional Resource Attributes: (List attributes and codes) HPg--public Utility buildino *B12. References: Etiwanda: The First 100 yeats and A History of Etiwanda by Robert Hickcox. James Banks, property owner. ~ B13. Remarks: e_ Victoda *B14. Evaluator: Larry Henderson, AICP ~ Telephone Station *Date of Evaluation: 07/17/2003 Water Tank O (This space reserved for official comments) I[ DPR 523b (1/95) [ACROBAT WEBDOC Posted 11/98] *Required inforrnation~3 State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD HRI #. *NRHP Status Code 5S1 Page ,3 of ,3 *Resource Name or # (Assigned by recorder) Water Tank BI. Historic Name: EtiwandaWater ComoanvTank B2. Common Name: Roundhouse __ B3. Original Use: Water Tank B4. Present Use: Storaqe *B5. Architectural Style: Poumd-in-piacaconcrete *B6. Construction History: (Construction date, alterations, and date of alterations) Built in 1947 by Etiwanda Water Company, Altered in the 1980s by the Cucamonga County Water District to include a garage entry and shelves for a service yard and later storage use. *B7. Moved? No X Yes Unknown Date: Original Location: *B8. Related Features: None B9a. Amhitect: Unknown b. Builder; Unknown *B10. Significance: Public Utility Theme: Citrus Industry/Residential Area: Ftiwanda Period of Significance: Property Type: Pllh~i~ I Ifilih/. Applicable Crlterla:J.,D..~ (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Aisc address integrity.) Etiwanda Water Company built the water tank in order to meet the rising demands of agriculture and increasing population in the Etiwanda area. The tank was constructed through the use of poured-in-place concrete, possibly by Henry Klusman, as he was involved in many similar projects in the Etiwanda area. B11. Additional Resource Attributes: (List attributes and codes) HP9--Public Utility *B12. References: Etiwanda: The First 100 Years. Sketch Map with communications with Russell Silva of CCWD. B13. Remarks: ~ T *B14. Evaluator: Larry Henderson Victoria *Date of Evaluation: 07/23/2003 Telephone (This space reserved for official comments) station water Tank O DPR 523J (1/95) *Required informati~ F 13103 Victoria __~ Etiwanda School Distdct Hippard Ranch ~~ Telephone Switching Station :- T 1 ph S it hi g Stat' ¢ e e one w c n 1on Fishscale Pattern Date: 1947 Diameter: 50 ft Height: 14 ft Water Tank Garage Entry City of Rancho Cucamonga Historic Preservation Commission MILLS. ACT AGREEMENT SUPPLEMENTAL: (To be completed by the AppliCant) Potential Structure / Property Improvement Time - Line Please list the improvements which are intended to take place over the next 10 years. List them in order of ownegs priority. 2005 Paint sign on water tank "HIPPARD Pa%NC~ VINEYARDS" 2012 Remove non-historical Italian Cypress trees planted by Water District in last 10-15 years. 2012 Replace historical eucalyptus trees on Victoria Street. 2012 Move historical house onto property. .... ~: ..... , :- : :: . '. ~:~?~:~:::~:~:~:~*~:~:~¢~*:~:r~i~:~:~:~ ~i*:i~:' :.:':~i:~:~'~i~.~" ~i""~ ff-'!i~?~?:~?":-' I certify that I ara presently the legal own?/o~ subjteo~op~ I acknowledge the supplemental information on this form -0rill be I/sed as%~r ~ibit IWmched t~$ the Mills Act RESOLUTION NO. 03- ~ ~ ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DRC2003-00628, DESIGNATING THE ETIWANDA TELEPHONE SWITCHING STATION AND WATER TANK A HISTORIC LANDMARK, LOCATED AT 13103 VICTORIA STREET, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0227-121-31. A. Recitals. 1. James Banks, Jr. and Marsha Meeks Banks filed an application for Historic Landmark Designation DRC2003-00628, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Landmark is referred to as "the application." 2. On August 13, and September 24, 2003, the Historic Preservation Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application. 3. On November 5, 2003, the City Council held a meeting and approved Landmark Designation DRC2003-00628. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part "A," of this Resolution are true and correct. 2. The application applies to approximately 0.57 acres of land, basically a rectangular configuration, located 13103 Victoria Street. 3. Based upon substantial evidence presented to this Council during the above-referenced public hearing on August 13, and continued to September 24, 2003, including written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: a. Historical and Cultural Significance: Findinq 1: The proposed landmark is particularly representative of an historical period, type, style, region or way of life. Fact/s: The telephone station is an excellent example of the technological advances made in the early part of the 20th Century. Fact/s: The water tank exemplifies the agricultural roots of Etiwanda's history. Findinq 2: The proposed landmark is an example of a type of building that was once common but is now rare. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00628 - BANKS November 5, 2003 Page 2 FacEs: Automatic dialing stations were once a major technological advance, but now are obsolete in this form and few remain. FacEs: Few poured-in-place concrete water tanks remain in this region. Finding 3: The proposed landmark is of greater age than most of its kind. FacEs: The Etiwanda telephone switching station is approximately 73 years old with no major alterations. FacEs: The water tank is 56 years old with a few alterations. b. Historic Architectural and En.qineerinq Si.qnificance: Finding 1: The construction materials or engineering methods used in the proposed landmark are unusual, significant or uniquely effective. .FacEs: The brick masonry of the building has a unique effect. c. Nei.qhborhood and Geoqraphic Settinq: Finding 1: The proposed landmark materially benefits the historic character of the neighborhood. FacEs: The proposed landmark is the first automatic dialing system for the Etiwanda area and is easily seen from Victoria Street, causing it to be a noticeable part of the historic area. FacEs: The poured-in-place concrete of the water tank is unusual and uncommon. FacEs: The water tank has remained on the property for over 50 years and is also visible from Victoria Street, adding to the historical character of the property. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970, as landmark designations are exempt under CEQA, Section 15331 as a Class 31 exemption (historical resource/restoration/ rehabilitation). 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Landmark Designation DRC2003-00628. 6. The Mayor shall certify to the adoption of this Resolution. RECORDING REQUESTED BY and when RECORDED MAIL TO: City Clerk, City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91729 HISTORIC PROPERTY PRESERVATION AGREEMENT THIS AGREEMENT is made and entered into this 5th day of November 2003, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation (hereinafter referred to as the "City") and James Banks, Jr. and Marsha Meek Banks (hereinafter referred to as the "Owner"). WITNESSETH: A. Recitals. (i) California Government Code Section 50280, et seq~ authorize cities to enter into contracts with the Owners of qualified Historical Property to provide for the use, maintenance and restoration of such Historical Property so as to retain its characteristics as property of historical significance; (ii) Owner possesses fee title in and to that certain real property, together with associated structures and improvements thereon, commonly known as the Etiwanda Switchinq Station and generally located at the street address 13103 Victoria Street, Rancho Cucamonqa, CA 91739 (hereinafter such property shall be referred to as the "Historic Property"). A legal description of the Historic Property is attached hereto, marked as Exhibit "A" and is incorporated herein by this reference; (iii) On November 5, 2003, the City Council of the City of Rancho Cucamonga adopted its Resolution No. thereby declaring and designating the Historic Property as a historic landmark pursuant to the terms and provisions of Chapter 2.24 of the Rancho Cucamonga Municipal Code; and, (iv) City and Owner, for their mutual benefit, now desire to enter' into this agreement both to protect and preserve the characteristics of historical significance of the Historic Property and to qualify the Historic property for an assessment of valuation pursuant to the Provisions of Chapter 3, of Part 2, of Division 1 of the California Revenue and Taxation Code. B. Aqreement NOW, THEREFORE, City and Owner, in consideration of the mutual covenants and conditions set forth herein, do hereby agree as follows: 1. Effective Date and Term of Aqreement. This Agreement shall be effective and commence on November 5, 2003, and shall remain in effect for a term of ten years thereafter. Each year upon the anniversary of the effective date, such initial term will automatically be extended as provided in paragraph 2, below. 2. Renewal. Each year on the anniversary of the effective date of this Agreement (hereinafter referred to as the "renewal date"), a year shall automatically be added to the initial term of this Agreement unless notice of non-renewal is mailed as provided herein. If either Owner or City desires in any year not to renew the Agreement, Owner or City shall serve written notice of nonrenewal of the Agreement on the other party in advance of the annual renewal date of the Agreement. Unless such notice is served by Owner to City at least 90 days prior to the annual renewal date, or served by City to Owner at least 60 days prior to the annual renewal date, one year shall automatically be added to the term of the Agreement as provided herein. Owner may make a written protest of the notice. City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to Owner of nonrenewal. If either City or Owner serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards for Historical Property. During the term of this Agreement, the Histodc Property shall be subject to the following conditions, requirements, and restrictions: a. Owner shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto, marked as Exhibit "B," and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use, and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. b. Owner shall, where necessary, restore and rehabilitate the property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the attached schedule of potential home improvemer~ts, drafted by the applicant and approved by the City Council, attached hereto as Exhibit "C." c. Owner shall allow reasonable periodic examinations, by prior appointment, of the interior and exterior of the Historic Property by representatives of the County Assessor, State Department of Parks and Recreation, State Board of Equalization, and the City, as may be necessary to determine Owner's compliance with the terms and provisions of this Agreement. 4. Prevision of Information of Corporation. Owner hereby agrees to furnish City with any and all information requested by the City, which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. City, following a duly noticed public hearing as set forth in California Government Code Sections 50280, et seq., may cancel this Agreement if it determines that Owner breached any of the conditions of this Agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property. City may also cancel this Agreement if it determines that the Owner has failed to restore or rehabilitate the properbJ in the manner specified in subparagraph 3(b) of this Agreement. In the event of cancellation, Owner may be subject to payment of those cancellation fees set forth in California Government Code Sections 50280, et seq. 6. Enfomement of Aqreement. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of this Agreement. In the event of a default, under the provisions of this Agreement by Owner, City shall give written notice to Owner by registered or certified mail addressed to the address stated in this Agreement, and if such a violation is not corrected to the reasonable satisfaction of the City within 30 days thereafter, or if not corrected within such a reasonable time as -3- may be required to cure the breach or default if said breach or default cannot be cured within 30 days (provided that acts to cure the breach or default may be commenced within 30 days and must thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such other relief as may be appropriate. City does not waive any claim of default by Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity, which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereinunder. 7. Bindinq Effect of Aqreement. The Owner hereby subjects the Historic Property described in Exhibit "A" hereto to the covenants, reservations, and restrictions as set forth in this Agreement. City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, .reservations, and restrictions expressed in this Agreement regardless of whether such covenants, reservations, and restrictions are set forth in such contract, deed or other instrument. City and Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth herein touch and concern the land in that Owner's legal interest in the Historic Property is rendered less valuable thereby. City and Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations, and restrictions touch and concern the land by enhancing and maintaining the historic characteristics and significance of the Historic Property for the benefit of the public and Owner. 8. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto. --4- To City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729 Attention: City Planner To Owner: Mr. And Mrs. Banks 10788 Civic Center Drive Rancho Cucamonga, CA 91730 -5- 9. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnemhip between the parties hereto and any of their helm, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. b. Owner agrees to and shall hold City and its elected officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of Owner or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relates to the use, operation, and maintenance of the Historic Property. Owner hereby agrees to and shall defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of Owner's activities in connection with the Historic Property. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property. c. ' All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever. d. In the event legal proceedings are brought by any party or parties to enfome or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. -6- e. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. f. This Agreement shall be construed and govemed in accordance with the laws of the State of California. 10. Recordation. No later than 20 days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of San Bemardino. The Owner shall be responsible for any fees required by the County for recording this Agreement. 11. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. IN WITNESS WHEREOF, City and Owner have executed this Agreement on the day and year first written above. CITY OF RANCHO CUCAMONGA Dated: By: William J. Alexander, Mayor Dated: By: James Banks, Jr. Dated: By: Marsha Meek Banks STATE OF CALIFORNIA ) )SS. COUNTY OF SAN BERNARDINO ) -7- On , Kathy Scott, Deputy City Clerk of the City of Rancho Cucamonga, personally appeared WILLIAM J. ALEXANDER, personally know to me to be the person whose name is subscribed to within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Kathy Scott Deputy City Clerk City of Rancho Cucamonga STATE OF CALIFORNIA' ) )SS. COUNTY OF SAN BERNARDINO ) On the _ day of ,2003, before me , Notary Public, personally appeared , personally known to me or proved to on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and the by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State -8- LEGAL DESCRIPTION for James Banks, Jr. and Marsha Meek Banks 13103 Victoria Street Rancho Cucamonga, CA 91739 Mailing: 10788 Civic Center Drive Rancho Cucamonga, CA 91730 Real property in the City of Rancho Cucamonga, County of San Bernardino, State of California: The westerly 75 feet of the north one-half of Lot 2, Block "K," Etiwanda Colony Lands, in the City of Rancho Cucamonga, County of San Bernardino, State of Califomia, as per map recorded in Book 2 of Maps, Page 24, in the Office of the County Recorder of the said County. EXHIBIT "A" -9- THE SECRETARY OF INTERIOR'S REHABILITATION STANDARDS 1. Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure, or site, and its environment, or to the use of a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure, or site, and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive amhitectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations which have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the coume of time are evidence of the history and development of a building, structure, or site, and its environment. 5. Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure, or site, shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical, or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any acquisition, protection, stabilization, preservation, rehabilitation, restoration, or reconstruction project. 9. Contemporary design for alteration and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historic, architectural, or cultural material and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. EXHIBIT "B-1" -10- PROPERTY MAINTENANCE Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner, which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited: 1. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls, and windows; 2. Scrap lumber, junk, trash or debris; 3. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; 4. Stagnant water or excavations, including pools or spas; 5. Any device, decoration, design, structure or vegetation, which is unsightly by reason of its height, condition or its inappropriate location. EXHIBIT "B-2" -Il- POTENTIAL HOME IMPROVEMENTS For James Banks, Jr. and Marsha Meek Banks 13103 Victoria Street Rancho Cucamonga, CA 91739 The following is a list of renovation projects the applicant plans to complete. Future projects proposed by the applicant or by the legal inheritors of this contract will be reviewed by the Historic Preservation Commission's staff. ITEM YEAR TASK 1. 2005 Paint sign on water tank- "Hippard Ranch Vineyards." 2. 2012 Remove non-historical Italian Cypress trees planted by Water District in last 10-15 years 3. 2012 Replace historical eucalyptus trees on Victoria Street. 4. 2012 Move historical house onto property. EXHIBIT "C" -12- ~ H ~ c ~ T V 0 F Illl I~AN CII 0 CIJCAMONGA DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Lori Shriver, Planning Aide SUBJECT: HISTORIC POINT OF INTEREST DESIGNATION DRC2003-00818 - CITY OF RANCHO CUCAMONGA - A request to designate the Blessent residence as a Historic Point of Interest, located at 9317 6th Street - APN: 0210-062-05. Related File: Tentative Tract Map SUB'I-I'16311. RECOMMENDATION The Historic Preservation Commission unanimously recommends designation of the Blessent property as a Historical Point of Interest by adoption of the attached Resolution. BACKGROUND Antonio Serra and Tomas Boero built the residence located at 9317 6th Street in 1922. The home was sold to Antonio and Julia Blessent in 1925 and a member of the Blessent family has resided there until the present day. The Blessent's son Albert was active within the community as Manager of the Cucamonga branch of Bank of America and as a member of the Tri- Community Incorporation Committee. The Blessent residence has been altered several times over the years, causing it to lose its historical integrity. However, the influence of the Blessent family in the Cucamonga area merits designation as a local Point of Interest. ANALYSIS The attached Historic Preservation Commission staff report provides a detailed analysis of the historical and cultural significance of the Blessent property (Exhibit "A"). During public comment at the Historic Preservation Commission meeting, Mr. Jim Frost noted as an item of clarification, that the Bank of Italy became part of Bank of America in 1928, and in 1934 the Bank of America also acquired the National Bank of Cucamonga. CITY COUNCIL DRC2003-00818 - CITY OF RANCHO CUCAMONGA November 5, 2003 Page 2 ENVIRONMENTAL ASSESSMENT The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. Respectfully submitted, City Planner BB:LS:mlg Attachments: F_.,,~ibit "A" - Historic Preservation Commission Staff Report dated October 8, 2003 Draft Resolution of Approval for DRC2003-00818 TH E CITY OF I~A N C 11 0 CUCAMONGA Staff Report DATE: October 8, 2003 TO: Chairman and Members of the Historic Preservation Commission FROM: Brad Buller, City Planner BY: Lori Shriver, Planning Aide SUBJECT: HISTORIC POINT OF INTEREST DESIGNATION DRC2003-00818 - CITY oF RANCHO CUCAMONGA - A request to designate the Blessent residence as a Historic Point of Interest, located at 9317 6th Street - APN: 0210-062-05. Related File: Tentative Tract Map SUBTT16311. BACKGROUND A. Historical Si.qnificance: Antonio Serra and Tomas Boero built the residence located at 9317 6thStreet, in 1922. Antonio and Julia Blessent pumhased the home and property in 1925, and various members of their family have resided there ever since. The Blessent's are known within the Cucamonga community as one of several Italian families who owned vineyards. The Blessent's were active within the community, with Antonio's son becoming a manager for the Bank of America (formerly Bank of Italy), and a board member of the Tri-Community Incorporation Committee. Bo Site Characteristics: The house sits on a 9.54 acre parcel. The land use zoning of the site and the surrounding area is designated Low Residential (2-4 dwellings per acre). ANALYSIS A. General: This dwelling is from the early 1920s and is an irregular shape of wood construction. The one-story structure has a cross gable roof with composition shingles. The entire structure is covered with stucco and has a front addition from approximately the 1950s. B. Historical Point of Interest Desiqnation: The subject site and structure qualify for Point of Interest designation based upon much of the criteria from the City's Historic Preservation Ordinance, including historical and cultural significance. Details concerning these areas of significance are contained in the Facts for Findings section. The requested point of interest designation relates to the site only. The residence has been altered several times since its original construction in 1922, including the addition of a front room and exterior stucco. Because of these alterations, the structure has lost its architectural historical integrity and does not qualify for landmark designation. However, the significant roll the Blessent family played within the Italian community of Cucamonga warrants designation as a Historical Point of Interest. HISTORIC PRESERVATION STAFF REPORT DRC2003-00818 CITY OF RANCHO CUCAMONGA October 8, 2003 Page 2 C. Environmental Assessment: The project is categorically exempt under Section 15331 as a Class 31 exemption of the guidelines for the California Environmental Quality Act. FACTS FOR FINDING: A. Historical and Cultural Significance: Finding 1: The proposed Point of Interest is particularly representative of a historic period, type, style, region, or way of life. FacEs: The property was the site for one of the early Italian wine producing families of the Cucamonga area. Finding 2: The proposed Point of Interest was connected with someone renowned or important or a local personality. FacEs: The Blessent family was a well-known wine making family of the Cucamonga area. Also, Antonio Blessent's son was active within the community, especially in the formation of the City of Rancho Cucamonga through the Tri-Community Incorporation Committee and as manager of the Cucamonga Bank of America. Finding 3: The proposed Point of Interest is connected with a business or use, which was once common but is now rare. FacEs: The property was used by one of several immigrant Italian families th. at supported themselves from viticulture. Findin.q 4: The site is the location of an important or historic family. FacEs: The Blessent family resided on this property since 1925, remaining active within the Cucamonga community. CORRESPONDENCE: The Historic Landmark designation was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300. feet of the project site. RECOMMENDATION: Staff recommends that the Historic Preservation Commission recommend approval of Historic Point of Interest Designation DRC2003-00818, to be forwarded to the City Council for final action. City Planner Attachments: Exhibit "A" Primary Record Exhibit "B" Building, Structure, and Object Record Exhibit "C" Location Map Exhibit "D" Photograph of Residence Draft Resolution Recommending Approval of Historic Point of Interest Designation DRC2003-00818 State of California -The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code 5S1 Other Listings Review Code Reviewer L. Shriver Date 09/16/2003 Page .1 of 2 *Resource Name or # (Assigned by recorder) Blessent House PI. Other Identifier: *P2, Location: [] Not for Publication [] Unrestricted *a. County San Bemardino and (P2c, P2e, and P2b or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad Guasti Date 1988 T1S;R;~Y ;NW tl4 of SE tl4 of Sec 15 '_ S.B.B.M. c. Address 9317 6th Street City Rancho Cucemonga Zip 91701 d. UTM: (Give more than one for large and/or linear resources) Zone 11 '444595 mE/ 3772490 mN e. Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) Assessor's Pamel Number: 210-06-205 *P3a. Description: (Describe resource and its major elements, include design, materials, conditions, alterations, size, setting, and boundades) A single story, irregularly shaped structure of wood construction. Roof is Cross gable with composite shingles. Siding is stucco. Windows are wood, with narrow glass transom and fixed rectangular glass pane. Front door is multiple panel wood door and does not appear to be original. Foundation is unknown. Low concrete steps extending straight out from the front door. The structure has been added to along the front, however it is not apparent the extensiveness of the additions. These appear to have been done in the fifties, giving the structure a tract home type feeling. Mature landscaping consists of large trees and a row of oleander bushes along the street. *P3b. Resource Attributes: (List attributes and codes) HP-2 Single Family *P4. Resource Present: [] Building [] Structure [] Object [] Site [] Distdct [-]Element of District []Other (Isolates, etc.) P5b. Description of Photo: (view, date. accession #) *P6. Date Constructed/Age and Source: [] Histodc [] Prehistoric [] Both ~.n.nrn×im~t~l .v t *P7. Owner and Address: Mr. Tom Blessent 9333 6~ Street Rancho Cucamonga, CA 91730 *P8. Recorded by: (Name. affiliation, and address) Lod Shdver, Planninq Aide City ef Rancho Cucamon(]a 10~00 Civic Center Drive Rancho Cucemonaa. CA 91730 *P9. Date Recorded: 09/16/2003 *P11. Report Citation: (Cite survey report and other sources, or enter "none".) Historic Resoumes Inventory, 1987 Lynn Merrill *Attachments: J~NONE I~Location Map ~lContinuation Sheet []Building Structure, and Object Record [-IAmhaeological Record I--IDistrict Record []Linear Feature Record r-IMilling Station Record [-]Rpck Art Record [-IArtifact Record r-IPhotograph Record i-]Other (List): DPR 523a (1195) *Required information State of California - The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD HRI # *NRHP Status Code 5Sl Page 2 of 2 *Resource Name or # (Assigned by recorder) Blessent House BI. Historic Name: Ble~sent House B2. Common Name: Blessent House __ B3. Original Use: Single Family Residence B4. Present Use: Sinqle Family Residence __ *BS. Architectural Style: *B6. Construction History: (Construction date, alterations, and date of alterations) Residence built in 1922. Front addition estimated in the 1950's and stucco added to entire structure. *B7. Moved? No [] Yesi--I Unknownl-] Date: Original Location: *B8. Related Features: None B9a. Architect: Unknown b. Builder: Tomas Boero and Antonio Serra *B10. Significance: Theme: Area: Alta Loma Period of Significance: 1920s Property Type: Residence Applicable Criteria: Local Landmark (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) This structure is significant due to its association with Antonio Blessent and the Blessent family. This family was one of the italian families within the Cucamonga community who owned vineyards. The residence is an example of the kind of prosperity that some Italian immigrants found by settling within the community. The Blessent's were active within the community, as Antonio's son Albert became a manager of the Cucamonga branch of the Bank of America, formerly the Bank of Italy. Albert also was a board member of the Tri-Community Incorporation Committee, which helped to incorporate the towns of Alta Loma, Cucamonga and Etiwanda to form the City of Rancho Cucamonga. Bll. Additional Resource Attributes: (List attributes and codes) *B12. References: Lioht Over the Mountain bv Donald Clucas and 1987 survey by Lynn Men'ill B13. Remarks: *B14. Evaluator: L. Shriver *Date of Evaluation: September 16, 2003 (This space reserved for official comments) DPR 523b (1/95) [ACROBAT WEBDOC Posted 11/98] *Required information Blessent House S 9317 Blessent House RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING POINT OF INTEREST DRC2003-00818 DESIGNATING THE BLESSENT PROPERTY AS A HISTORIC POINT OF INTEREST, LOCATED AT 9317. 5TH STREET - APN: 0210-062-05. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Point of Interest Designation DRC2003-00818 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Point of Interest is referred to as "the application." 2. On October 8, 2003, the Historic Preservation Commission held a duly noticed public hearing and recommended approval of Point of Interest Designation DRC2003-00818. 3. On November 5, 2003, the City Council of the City of Rancho Cucamonga conducted a meeting and approved Point of Interest Designation DRC2003-00818. 4. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part"A," of this Resolution are true and correct. 2. The application applies to approximately 9.54 acres of land, basically a rectangular configuration, located at 9317 6th Street. 3. Based upon substantial evidence presented to this Council, including minutes of the public hearing by the Historic Preservation Commission on October 8, 2003, written and oral staff reports, together with public testimony, and pursuant to Section 2.24.090 of the Rancho Cucamonga Municipal Code, this Council hereby makes the following findings and facts: FACTS FOR FINDING: A. Historical and Cultural Si.qnificance: Findin.q 1: The proposed Point of Interest is particularly representative of a historic period, type, style, region, or way of life. Fact/s: The property was the site for one of the early Italian wine producing families of the Cucamonga area. Findin.q 2: The proposed Point of Interest was connected with someone renowned or important or a local personality. · Fact/s: The Blessent family was a well-known wine making family of the Cucamonga area. Also, Antonio Blessent's son was active within the community, especially in the formation of the City of Rancho Cucamonga through the Tri-Community Incorporation Committee and as manager of the Cucamonga branch of Bank of America. CITY COUNCIL RESOLUTION NO. DRC2003-00818 - CITY OF RANCHO CUCAMONGA November 5, 2003 Page 2 Finding 3: The proposed Point of Interest is connected with a business or use, which was once common but is now rare. FacEs: The property was used by one of several immigrant Italian families that supported themselves from viticulture. Finding 4: The site is the location of an important or historic family. Fact/s: The Blessent family have resided on this property since 1925, remaining active within the Cucamonga community. 4. This Council hereby finds that the project has been reviewed and considered in compliance with the California Environmental Qualify Act of 1970, as amended, and the Guidelines promulgated thereunder, as Point of Interest Designations are exempt under CEQA, section 15331 as a Class 31 exemption (historical resource/restoration/rehabilitation). 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby resolves that pursuant to Chapter 2.24 of the Rancho Cucamonga Municipal Code, that the City Council of the City of Rancho Cucamonga hereby approves Historic Point of Interest Designation DRC2003-00818. 6. The Mayor shall certify to the adoption of this Resolution. THE CITY OF I~ANCHO CUCAFIONGA SmffRq or DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: A PROFESSIONAL SERVICES AGREEMENT WITH LILBURN CORPORATION AND AUTHORIZATION TO PREPARE AN ENVIRONMENTAL IMPACT REPORT ASSOCIATED WITH TENTATIVE TRACT 16324, WHICH ALSO INCLUDES A GENERAL PLAN AMENDMENT, AN ETIWANDA NORTH SPECIFIC PLAN AMENDMENT, A DEVELOPMENT AGREEMENT, AND A REQUEST FOR ANNEXATION, FOR A PROPOSED PROJECT LOCATED AT THE NORTHERLY END OF WARDMAN-BULLOCK ROAD; AND AUTHORIZATION TO APPROPRIATE ADDITIONAL FUNDS EQUAL TO THE CONTRACT AMOUNT OF $76,553, INTO ACCOUNT NUMBERS 1001000-4509 (PLANNING-SPECIAL SERVICE FEES) AND ACCOUNT NUMBER 1001314-5303 (CONTRACT SERVICES-REIMBURSABLE). RECOMMENDATION Staff recommends that the City Council, by minute action, authorize the Mayor to execute the Professional Services Agreement awarding the Contract to Lilburn Corporation. In addition, staff recommends that the City Council authorize an additional appropriation in the amount of $76,553 into account numbers 1001000-4509 (Planning-Special Service Fees) and 1001314-5303 (Contract Services-Reimbursable) to fund developer reimbursed services required for the preparation of the Environmental Impact Report for Tentative Tract 16324/Henderson Creek Properties. BACKGROUND/ANALYSIS The applicant, Henderson Creek Properties, has submitted a Tentative Tract Map, a General Plan Amendment, an Etiwanda North Specific Plan Amendment, a Development Agreement, and request for Annexation affecting a 90.4-acre project site located at the northerly terminus of CITY COUNCIL STAFF REPORT PROFESSIONAL SERVICES AGREEMENT - LILBURN CORPORATION November 5; 2003 Page 2 Wardman-Bullock Road. The proposed Tentative Tract Map proposes a subdivision of 90.4 acres into approximately 121 lots for single-family development, and remainder parcels for San Bernardino County Flood Control District for Henderson Creek. Staff prepared a Request for Proposal dated September 11, 2003, and received three responses. Based upon a review of the proposed scope of services, document preparation schedule, and anticipated costs, staff recommended the selection of Lilburn Corporation for the preparation of the Environmental Impact Report for the proposed project. Staff recommends that the City Council authorize the Mayor to execute the Professional Services Agreement awarding the contract to Lilburn Corporation. The contract amount is $72,908, and including the 5 percent contingency, the total contract amount is $76,553. The total amount of the contract will be deposited by the applicant. Respectfully submitted, Brad Buller City Planner BB:DM:mlg Attachments: Exhibit "A" - Request for Proposal dated September 11,2003 Exhibit "B" - Lilburn Corporation Scope of Services and Estimated Costs Exhibit "C" - Professional Services Agreement Exhibit "D" - Consultant Selection Matrix Mayor Wn_uAM J. Mayor Pro Ton DL'U,q; WLL.t.~M S Councilmemben ~ G~ ROBOT J. H~H~ DON~ J. K~, M.D. ~ Ma~g~ THE Cl~ OF ~CHO CU~ON~ J~ cR C o S,ptom~r ~ ~, 200~ Nancy Ferguson Lilbum Corporation 1905 Business Center Ddve San Bemardino, CA 92408 SUBJECT: REQUEST FOR PROPOSALS FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR TENTATIVE MAP 16324 AND RELATED APPLICATIONS IN THE CITY OF RANCHO CUCAMONGA SPHERE OF INFLUENCE. Dear Ms. Ferguson: The City of Rancho Cucamonga, acting as Lead Agency, is seeking proposals from qualified environmental consulting firms to perform all services necessary to complete an Environmental Impact Report for a proposed Tentative Tract Map and related applications. The project site is comprised of 90.4 acres gross, located at the north end of Wardman-Bullock Road in the City Sphere of Influence. Applications related to the Tentative Tract Map include a General Plan Amendment, an Etiwanda North Specific Plan Amendment, a ,Development Agreement, and Annexation. The City of Rancho Cucamonga will accept proposals on or before October 9, 2003 at 5:00 p.m. A postmark date or faxed proposals are not acceptable. If you have any questions regarding the project or the proposal process please contact Debra Meier, Associate Planner, at 909-477-2750 Monday through Thursday 7 a.m. to 6 p.m. Sincerely, City Planner BB:DIVNs Enclosure: Request for Proposals Tentative Tract Map 16324 Technical Studies (Air Quality, Traffic/Circulation, Geology, and Biology) CORPORATION September 30, 2003 City of Rancho Cucamonga Planning Department P.O. Box 807 Rancho Cucamonga, CA 91729 ATTN: Debra Meier, AICP, Associate Planner SUBJECT: Proposal to Prepare an Environmental Impact Report for the Henderson Creek Properties (SUBTT16324) Dear Ms. Meier: Lilbum Corporation is pleased to submit the enclosed five (5) copies of our proposal to assist the City in the environmental review and CEQA documentation for the proposed SUBTT16324 - Henderson Creek Properties. We have assembled a team of in-house professionals who are expert in preparing CEQA documents. All key Lilbum Corporation personnel have been responsible for preparing environmental documents and special studies for numerous private and public projects in the City of Rancho Cucamonga and throughout southern California. Lilbum Corporation has been providing CEQA compliance services in San Bemardino County since the 1980's. Our environmental and planning experience gives us the confidence to commit to meeting local needs. We have a keen understanding of environmental issues and the environment in the Inland Empire. We are available to begin work immediately and are committed to completing all work described in our proposal within the estimated contract time period as outlined in the Request for Proposals. As President of the corporation, I am authorized, as well as Cheryl Tubbs, Vice-President who will serve as Project Director and Principal-in-Charge for this work effort, to negotiate with the City on behalf of Lilbum Corporation. We are both located in our San Bernardino office, at 1905 Business Center Drive, San Bemardino, CA 92408. We look forward to the opportunity to further present our experience and interest in assisting the City with this project. This proposal, its estimated costs, and schedule shall be valid for up to ninety (90) days. Sincerely, q7 1905 Business Center Drive · San Bernardino · CA 92408 · 9{19-890-1818 · Fax 909-890-1809 PROPOSAL TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED TENTATIVE TRACT MAP 16324 AND RELATED APPLICATIONS Prepared for: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, California 91729-0807 Prepared by: Lilburn Corporation 1905 Business Center Drive San Bernardino, California 92408 September 3Q, 2003 TABLE OF CONTENTS PAGE SECTIONS 1.0 INTRODUCTION AND PROJECT UNDERSTANDING .................................................... 1 2.0 OVERALL CAPABILITIES AND HISTORY ...................................................................... 3 3.0 PROJECT TEAM AND KEY PERSONNEL ........................................................................ 5 4.0 STUDY METHODOLOGY AND SCOPE OF WORK .........................................................9 $.0 COST SUMMARY ............................................................................................................... 16 6.0 PROJECT SCHEDULE ........................................................................................................ 16 LIST OF FIGURES AND EXHIBITS FIGURE 1 Project Team Organization ...................................................................................... 6 TABLE I Estimated Costs ...................................................................................................... 17 TABLE 2 Detail of Costs - Tasks 2 and 3: Screencheck Draft EIR ...................................... 18 TABLE 3 Schedule For Preparation of the Henderson Creek Properties EIR ....................... 19 PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR 1.0 INTRODUCTION AND associated easements, and five single-family PROJECT UNDERSTANDING residences are located north of the site. Vacant land occurs to the south and west and is INTRODUCTION presently being annexed to the City. This proposal has been prepared at the request The project site is located on the Etiwanda Fan of the City of Rancho Cucamonga for the and supports four plant communities including preparation of an Environmental Impact Report Upland sage scrub, flat-top buckwheat scrub, (Ell>,) for the subdivision of 62.5 acres of a disturbed annual grasslands dominated by 90.4-acre site into 121 lots for future single- deerweed, and disturbed annual grassland. family residential development, with the Based on a recent Biological Assessment of the remaining 28 acres intended for Flood Control site, there would be a reduction in non-sensitive improvements along Henderson Creek. The wildlife species as a result of the proposed project site is located at the northerly end of development. As noted in the report, non- Wardman-Bullock Road at the intersection with sensitive wildlife are species that are common Colonbero Road within the City's Sphere of in abundance and distribution in San Influence. Bernardino County. The number of individuals of each species are high, and their habitats are This proposal addresses the study m6thodology, common in the San Beruardino and Riverside cost, schedule and project team qualifications for county areas. Therefore, reductions in non- sensitive wildlife are not considered to be preparation of the EIR. We have included a scope of work that we feel is an appropriate substantially adverse. The southern and western course of action to analyze the effects of the boundaries of the site are adjacent to San proposed project. Our methodology for Bernardino County Flood Control Preservation preparation of the EIR, as described in Areas. These areas were established as Section 4.0 herein addresses the basic outline of mitigation by San Bernardino County Flood an EIR in conformance with the State guidelines Control as a result of improvements within the for compliance with the California area. Environmental Quality Act (CEQA). In addition, the project site is located near the PROJECT UNDERSTANDING Cucamonga fault (approximately 1,200 feet north of the site) and the Etiwanda fault Project Location (approximately 2,000 feet southwest of the site). Finally, the northeast 28 acres of the site The project site is currently within an are separated from the remainder of the site by unincorporated portion of San Beruardino a County Flood Control channel and diversion County and is within the City of Rancho dike associated with Henderson Canyon Creek. Cucamonga's Sphere of Influence and Etiwanda North Specific Plan. The City's Proposed Project current city limits are located immediately east of the site. Specifically the site is located north The proposed project consists of a General Plan of Summit Avenue, west of Wardman Bullock Amendment, Specific Plan Amendment, Road, and northwest of Colonbero Road. Annexation, Development Agreement, and Sheridan Estates (Tract 13564) is located east Tentative Tract Map for a 121-lot single-family of the site. Overhead power transmission lines, residential subdivision located at the northerly PRO 03 ~026/09/30/03 I /.~ PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR end of Wardman-Bullock Road at the model URBEMIS 2001. An updated intersection with Colonberg Road. The version of this model (URBEMIS 2002) is proposed General Plan Land Use Amendment available. An update to the air analysis would change the current zoning of Very Low prepared by Giroux & Associates will be Residential (.1 - 2 dwelling units per acre to r~quired however, no significant change is Low Residential (2 to 4 dwelling units per acre) anticipated. for 62.5 acres of the 90.4-acre site. The [] Aesthetics - related to the loss of open proposed amendment to the Etiwanda North Specific Plan would include a zone change space and increased human activity. from Very Low Residential (.1 - 2 dwelling tn Biology- loss of wildlife habitat. units per acre) to Low Residential (2 - 4 dwelling units per acre), and a modification to rn Geology - proximity to the Cucamonga and the circulation system in the Etiwanda Etiwanda faults. Highlands Neighborhood. The Development Agreement would address specific conditions Other issues that have been identified by of development and annexation for the Lilburn Corporation include potential impacts 90.4 acres of land. The proposed project will be to Hydrology and Drainage associated with construction and future urban runoff. a single-family community developed at a density of 1.9 dwelling units per acre. The Additionally, an evaluation of Cumulative proposed 121 lots range in size from impacts including loss of open space and loss 14,025 square feet to 35,886 square feet, with of habitat shall be discussed in the EIR. Other two lettered lots totaling 28,975 square feet of issues may be raised in response to the Notice of Preparation or in the Public Scoping improved open space. Meeting. Issues that have been identified by the City are listed below and shall be the key focus of the Several studies have been prepared by the EIR. applicant and would be summarized in the EIR and attached as Appendices. These include: [] Land Use - effects of change in land use intensities due to the General Plan [] Air Quality Impact Analysis, prepared by Amendment from Very Low Residential to Giroux & Associates, dated August 21, Low Residential, and compatibility with 2002; existing adjacent land uses designated for n Noise Impact Analysis, prepared by Giroux flood control. & Associates, dated August 21, 2003; [] Noise - impacts of construction activities [] Traffic Impact Analysis, prepared by Urban and post-construction noise (vehicular Crossroads, dated June 10, 2002; traffic on adjacent streets) on existing sensitive receptors. ~ Geologic and Soils Engineering Review, prepared by Leighton and Associates, dated [] Traffic - increase in traffic due to the October 29, 2002; and general plan amendment from Very Low Residential to Low Residential. [] General Biologic Assessment, prepared by Natural Resources Assessment, Inc., dated [] Air Quality - related to construction and January 8, 2003. post-construction activity. Potential impacts to air quality were evaluated using air PROPOSAL:FoR HENDERSON CREEK PROPERTIES EIR 2.0 OVERALL CAPABILITIES o EIR for the Baseline Road Master Plan, a AND HISTORY Master Plan for several parcels comprising approximately 98 acres of currently vacant Lilburn Corporation's experience with local land on the north side of 16th Street between government regulations and permitting Benson Avenue on the east and the new I- processes provides strategic insight to 2t0 Freeway on the west. The proposed procedural requirements, regulatory discretion, project consists of commercial retail uses, and applicable federal, state and local and a City owned facility consisting of permitting requirements. Based on regulatory playing fields and flood control facilities and environmental factors, and the project and spreading grounds on the remaining objectives and engineering design portion of the project site (Draft EIR in requirements, we assist local governments and progress), City of Upland. project developers in developing a project a E1R for the Master Planned Development of specific approach for individual land use Martin Ranch. An application was filed for permitting, the following entitlements: a General Plan Amendment to prezone the project site as a Lilbum Corporation has prepared and directed Planned Residential Development (PRD) technical analyses for complex and and establish the Hillside Management controversial land use projects, including Overlay District (HMOD); a Conditional commercial and residential projects, industrial Use Permit required for residential facilities, communication facilities, public subdivisions in the Hillside Management infrastructure projects, golf courses, mining of Overlay District to ensure the proposed industrial materials and precious metals, and subdivision complies with applicable solid waste landfills. We have also prepared provisions of the City of San Bernardino technical documentation and environmental Development Code and to develop a analyses of more focused projects for local helipad for fire emergencies; and a agencies such as residential subdivisions, Tentative Tract Map to subdivide the commercial projects, and for the adoption of project site for 359 lots including 330 single General Plans and Specific Plans. family residential lots, open space, mini- parks, water reservoir sites and private A brief listing of our most recent relevant roads including Martin Ranch Road, project experience follows. County of San Bernardino. n EIR for the Outdoor Adventures Center to [3 EIR for a General Plan Amendment, Zone include a large commercial recreation project Change, Tentative Tract Map, and Site Plan that will provide various goods and services Review for Alexander Communities, a related to sports and leisure activities gated 54-1ot. single-family residential including boat and RV sales, a fitness center, subdivision with 2.9 acres of private open skating center, the Pico Sports Park, and a space and passive recreation. The existing large water feature where water craft can be General Plan Land Use designation was test ridden. The Pico Sports Park is an Flood Control, with a proposed General existing City park with baseball diamonds Plan Land Use designation of SFR 4-6 that will remain and be integrated into the (Single-family residential with a density of project (Draft EIR in progress), City of 4 to 6 dwelling units per acre). The project Grand Terrace. as approved, was a gated residential PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR community to be developed at a density of References: 4.7 dwelling units per acre, City of Upland. [] EIR for the 18th & Benson Avenue City of Upland Residential Subdivision. The project Mr. Jeff Bloom included a General Plan Amendment (GPA- Community Development Director 98-03) to amend the land use designations 460 North Euclid Avenue from Light Industrial to Single Family Upland, CA 91786 Residential, 4 to 6 du/ac; and a concurrent (909) 931-4143 Zone Change (ZC~98-02) to change the zoning from ML (Light Industrial) to Mr. Scheu, Allyn 8/Mr. Leland RS-7.5 (Single Family Residential - P.O. Box 250 7,500 SF minimum lot area). The 11 acres Upland, CA 91785 included in a Tentative Tract Map was (909) 945-4589 (c/o Steve Wheatley) considered concurrently with the GPA and Zone Change, Scheu & Scheu landowners, Mr. Dave Reno City of Upland. Community Development Department 15776 Main Street c~ EIR for the Wal-Mart Regional Distribution Hesperia, CA 92345 Warehouse Facility (including supporting (760) 947-1200 buildings/infrastructure) for the distribution of consumer products throughout the Mr. Randy Scott southwestern U.S. Development of the site County of San Bemardino, Planning Division included 1,120,918 sq. ft. of building floor 385 North Arrowhead Avenue area, with future building expansion San Bernardino, CA 92415 capability of an additional 220,079 sq. ft. of (909) 387-4096 floor area. The facility included an additional 43 acres of paved areas for Mr. Dean Maners driveways, tractor and trailer parking, and Young Homes (formerly with Alexander employee parking. The project provided Communities) approximately 650 temporary construction 10370Trademark Street jobs and 850 permanent jobs at fully Rancho Cucamonga, CA91730 operational - Town of Apple Valley. (909) 466-3574 [] EIR for the expansion of the existing Mr. Frank Molina Drydock Depot RV and Boat Storage. The County of San Bernardino, Public Works Dept. project included a Conditional Use Permit 825 East Third Street for the expansion of the Drydock Depot RV San Bernardino, CA 92415 and Boat Storage facility onto the eastern (909) 387-8113 10.5 acres of the closed Upland Landfill. The existing facility utilized 11.76 acres, Mr. Pat Meyer and the proposed expansion on the Urban Environs remainder of the closed landfill consisted of 133 East Nine Street 10.5 acres for a total of 22.26 acres of Redlands, CA 92373 vehicle storage and space for up to 1,720 (909) 798-4446 vehicles, City of Upland. PROPosAL FORHENDERSON CREEK PROPERTIES EIR 3.0 PROJECT TEAM AND KEY conservation plans; and public PERSONNEL information/public participation programs. LILBURN CORPORATION Relevant Experience: Ms. Tubbs was the Principal-in Charge and/or The project team members include individuals Project Manager for the following projects: with the appropriate experience and knowledge Initial Study for Blackfoot Trails East of specific issues relevant to the proposed project, and who have experience working with Realignment in Rim Forest, San Bemardino the City of Rancho Cucamonga. An County; Initial Study for Fawnskin Residential Tract and Realignment of SR-38, Urban organizational chart depicting the project Environs; EIR for the East Valley Corridor manager and other key personnel is presented Specific Plan, San Bernardino County; EIR for in Figure 1. the County of San Bemardino High Desert Detention Center; Initial Study for the Patton Cheryl A. Tubbs Station Golf & Resort Complex, Highland; EIR Principal-in-Charge for Expansion of the Mid-Valley Sanitary Landfill, Rialto; Initial Study for the City of Project Role: Malibu Water Pollution Control Facility As Principal-in-Charge, Ms. Tubbs will be Rehabilitation, Los Angeles County; Ell>, for responsible for ensuring that all issues are the IVDA Redevelopment Plan; EIR/EIS for addressed in the CEQA process and that the City of San Bemardino Enterprise Zone; and schedule is adhered to. She will serve as a key Program E1R for San Bemardino/Colton point of contact for the City for any contract- Regional Tertiary Treatment System. related issues. Education: Professional Experience Summary: M.B.A. Operations Management, California Ms. Tubbs has 26 years of environmental and State University, San Bemardino. water resources planning and public B.A. Geography, California State administration experience. She has provided University, San Bemardino. consulting services in water resources management and environmental planning to Nancy M. Ferguson public and private agencies; and has served as Senior Project Manager, Environmental Assistant General Manager of the City of San Bemardino Water Department and Deputy Programs Manager of Western Municipal Water District. Project Role: Ms. Tubbs' project experience includes the As Project Manager, Ms. Ferguson will be preparation and management of Environmental responsible for managing the day-to-day tasks Impact Reports and Assessments in compliance during preparation of the EIR. She will review with both CEQA and NEPA; land use all work products and will be the primary feasibility studies; regional wastewater author. She will attend all meetings with the treatment facilities; groundwater and surface applicant and the City, and all public meetings, water supply studies; solid waste and public including a public scoping meeting. facilities plans; urban water management and FIGURE 1: PROJECT TEAM ORGANIZATION FOR THE HENDERSON CREEK PROPERTIES EIR Cheryl A. Tubbs Project Director/ Principal-in-Charge Contract Management QAJQC Nancy Ferguson Project Manager [ Troy Goodwalt Natalie Patty Paul Kielhold Land Use Graphics/Visual Aesthetics Natural Resources Simulations Alternatives Analysis Studies Review PRopOsAL FOR HENDERSON CREEK PROPERTIES EIR Professional Experience Summary: Paul Kielhold Ms. Ferguson has 17 years experience in land Senior Project Manager- Natural Resources use planning and technical analysis of environmental issues related to the Project Role: development of a variety of projects. She has Mr. Kielhold will be responsible for peer been Project Manager and primary author of review of the biological documents prepared by environmental documents for development others, and for preparation of the biological and projects including: industrial parks, public hydrology/water quality sections of the EIR. He facilities, residential subdivisions, urban mixed will also have input into the Cumulative use development projects, redevelopment Impacts section of the document with regard to project areas, court systems, shopping centers, the biological resources. universities and community colleges, and solid waste facilities. Professional Experience Summary: Mr. Kielhold has 25 years experience including She is experienced in all aspects of CEQA, 12 years with Lilburn Corporation. He was from justifying Categorical Exemptions to the previously a Supervising Planner for the r, preparation of Program and Master EIRs. County of San Bernardino, a Project Manager for firms specializing in remote sensing and ·. Ms. Ferguson is a member of the Association Geographic Information Systems; and a Range of Environmental Professionals, serving at both Conservationist and Technician for the U.S. the State and local chapter levels, including Forest Service and the U.S. Bureau of Land Financial VP/CFO 1992-1996. She is also a Management. As a Supervising Planner with speaker for CEQA workshops and was the the County, he directed the preparation of EIRs chairperson of the AEP 2002 State Conference for public and private projects including the Committee. County General Plan, Hazardous Waste Management Plan, Airport Master Plan, Relevant Experience: Detention Center, Zone Changes, General Plan Project Manager and Principal author for: Amendments, and various land development projects. He holds a Federal Wetlands EIR for the 18th Street and Benson Avenue Delineation Certificate from UC Berkeley. residential subdivision - City of Upland, EIR for Alexander Communities residential Relevant Experience: subdivision, City of Upland; EIR for Martin Mr. Kielhold has been responsible for: Ranch hillside residential subdivision; EIR for Endangered Species Act Compliance at the the County of San Bemardino Victorville Milliken Sanitary Landfill and several mine Sanitary Landfill; EIR for the County of San sites throughout the County of San Bemardino; Bemardino High Desert Detention Center; EIR Biological Survey and Construction Monitoring for the Wal-Mart Regional Distribution at the Barstow Sanitary Landfill, Lytle Creek Facility, Town of Apply Valley. Levee, and several mine sites; Monitoring of waterline construction and preparation of a , ~ Education: Resource Management Plan in compliance with B.A., Geography, California State University, a Streambed Alteration Agreement for San Bemardino. Mitsubishi's Cushenbury Springs site; Habitat Conservation Plan for Cushenbury sand and gravel quarry, and several resource surveys and PR003-026/09/30/03 7 /~ PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR reports for landfills in Redlands, Colton, Cucamonga Travel Center CUP; Initial Study Ontario, Victorville, Phelan, Twentynine for construction of two concrete, tilt-up Palms, and Lucerne Valley. industrial buildings (Cabot Industrial) in Rancho Cucamonga; Initial Study for Hoffinger Education: Industries' Industrial Building and Initial Study B.S., Natural Resource Management, for GaineD, Transportation Services Tmck California State University, Humbolt. Maintenance Facility in Rancho Cucamonga, 1997, Certified for Federal Wetlands and numerous initial studies for residential Delineation subdivisions in Rancho Cucamonga. Natalie Patty Education: Environmental Analyst B.S., Environmental Science, University of California, Riverside. Project Role: Ms. Patty will assist in preparation of the EIR Troy Goodwalt and be responsible for preparing the analyses of CAD Manager impacts including land use, aesthetics, and alternatives. Project Role: Mr. Goodwalt will be responsible for preparing Professional Experience Summary: all graphics for the El/>,. Ms. Patty is an Environmental Analyst with over eight years of professional experience Professional Experience Summary: including solid waste planning, environmental Mr. Goodwalt has over 20 years of design compliance, and Phase I Site Assessments. She experience in various environmental and civil has experience with environmental analysis, engineering fields. As a CAD Manager/ CEQA compliance, and mine reclamation Designer he is responsible for the preparation planning. She has completed and assisted with of graphic illustrations for a wide range of several Initial Studies, Environmental Impact environmental documents including mine and Reports, and Phase I Site Assessments. As an reclamation plans, revegetation plans, interim Environmental Analyst her responsibilities management plans, initial studies, biological include data collection in the field and by studies, and EIRs. Mr. Goodwalt provides a full contacts with clients and agencies; performing complement of civil and environmental analysis of data and preparing written reports, computer design skills necessary to analyze, permit, and construct projects. He is Relevant Experience: experienced in digital terrain modeling and Ms. Patty has assisted in the preparation of volume calculations for major mines and several environmentaldocumentsincluding: landfills throughout the United States and South America. He provides innovative three- Initial Studies for the San Bernardino County dimensional modeling for potential mine sites, Courts Master Plan; EIR for the proposed Oak landfills and underground toxic plumes as well Hills Community Plan in Hesperia; Phase I Site as photo-realistic simulations and animated Assessment for the Proposed Senior Center in "fly-throughs" for sensitive land development Fontana; Phase I Site Assessment for the projects. He has provided state-of-the-art County's Yard 2 - Central Avenue presentations and figures for reports, marketing, Improvements; Initial Study for the Rancho and research. 8 PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR Relevant Experience: objectives and a list of permits/approvals Graphic illustrations for the Martin Ranch that wouldbe required. Tentative Tract Map and General Plan rn Prepare an Initial Study to focus the Draft Amendment for the City of San Bernardino, EIR on issues where significant including viewpoint simulations of the project environmental effects may occur. at buildout (330 homes); graphic illustrations and illustrated photo-realistic simulations for ca Prepare and distribute a Notice of the Mid-Valley Landfill Mine Reclamation Preparation (NOP) and the Initial Study, Plan and Landfill Expansion; graphic using a distribution list supplied by City illustrations for the High Desert Detection staff. Center for the County of San Bernardino; visual simulations for estate development in City of n Conduct a Public Scoping Meeting Walnut, for Tise Development, Inc.; and the [] Review and discuss responses to the NOP Modernization of the TXI Oro Grande Cement and Scoping meeting comments with City Plant, for the County of San Bemardino. staff and finalize the scope of the EIR. " Education: [] Prepare a Screencheck Draft EIR for review A.A., Riverside Community College. by City staff. 4.0 STUDY METHODOLOGY ca Prepare the Draft EIR and Notice of Completion and distribute for public review. AND SCOPE OF WORK [] Respond to public comments on the Draft An EIR for the Henderson Creek Properties EIR. residential subdivision will be prepared to [] Prepare a Mitigation Monitoring Program in evaluate the issues identified during our on- accordance with applicable CEQA going discussions and during the public scoping meeting. This document will be used by the City requirements. of Rancho Cucamonga in the decisionmaking [] Prepare a Scmencheck Final EIR containing process for consideration and approval of the the Draft EIR, any revisions to the Draft and project, responses to public comments for review by City staff. Our overall approach to the preparation of the EIR is summarized below. The tasks required are o Prepare Draft Findings of Fact and outlined in detail herein. Statements of Overriding Consideration if required, for City Attorney review. [] Meet with City staff and the applicant to rn Attend up to three meetings with the City finalize the project description, and to clearly staff, including a Project kick-off meeting. define the objectives of the work to be undertaken. [] Attend up to two Planning Commission public hearings and up to two City Council [] Review adequacy of technical studies and public hearings. '- determine whether additional data will be required and prepare a data request. [] Complete Administrative Record Final EIR including resolutions and minntes of public t~ Prepare a project description that contains hearing. all required elements including project PR003-026/09/30103 9 /~'~ PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR TASK 1: PROJECT INITIATION be raised, we will discuss with City staff how to incorporate them into the Screencheck Draft This task includes completing the review of EIR. The Scope of the EIR may be refined after existing data, preparation of the Initial Study and reviewing public comments received on the Notice of Preparation (NOP), final scoping of NOP. the issues to be evaluated, and identifying alternatives and related projects in the area. Task 1 Meetings: One kick-off meeting (maybe a site Identifying the related projects will form the review), and one Public Scoping Meeting. We auticipate that the basis of the cumulative impact analysis in the applicant would also be present at EIR. this meeting. Task 1.1: Prepare an Initial Study Task 1 Deliverables: Lilburn Corporation will print fifty (50) copies of the NOP including This task includes preparing an Initial Study for the Initial Study for public distribution, and one (1) unbound the project. The Initial Study will focus on the reproducible copyforthe Ci~,. issues that should be addressed in the EIR based on discussions with City staff and our Status memos, meeting minutes and experience working in the City of Rancho schedule updates will be prepared throughout the EIR process. Cucamonga. Refined scope and schedule if Following the City's review of the Initial Study, necessary.. we will compile and distribute the NOP package Lilburn Corporation will be and begin work on the Screencheck Draft EIR. responsible for distributing the The NOP package will include a Notice of NOP using a mailing list compiled Completion, the Initial Study, and the by City staff. distribution list. TASK 2: PREPARE ENVIRONMENTAL Task 1.2: Conduct Public Scoping Meeting ANALYSIS The Public Scoping Meeting would occur during Task 2.1: Project Description/Description of the NOP period. City staff will be responsible Alternatives for noticing the meeting. We will be responsible for presenting the project in terms of A project description will be prepared to include environmental review. We will explain the the information currently available from the CEQA process and discuss milestones when applicant and any additional relevant information public input should occur. We will summarize obtained during the initial meeting with City the public's input and incorporate their staff to refine the project description. The EIR comments into the Draft EIR. project description will also include site maps and photographs to characterize the project site Task 1.3: Review of NOP Responses and vicinity. Following the public scoping meeting and the The description of project alternatives will be City's receipt of any responses to the NOP we prepared in conjunction with the project will prepare a summary of the issues raised by description to allow a review by City staff prior. agencies or the public. Should any new issues to commencing the environmental analysis. We anticipate evaluation of up to three alternatives PR003-026/09/30/03 l0 PROPOSAL FoRHENDERSON CREEK PROPERTIES EIR including a no-project alternative and will summarized in a Noise section of the EIR identify the remaining two alternatives during and recommendations incorporated as our review of the project's objectives, mitigation measures. Task 2.2: Land Use Task 2.4: Traffic/Circulation Existing Environment. Evaluate the effects of Existing Environment. The project site is the proposed General Plan Amendment and located in an unincorporated area of the County Etiwanda North Specific Plan Amendment on of San Bemardino within the City of Rancho the project site currently designated Very Low Cucamonga Sphere of Influence. As noted in Residential and proposed for Low Residential. the June 2002 revised Traffic Impact Analysis prepared by Urban Crossroads, the number of ca We will conduct a windshield survey of the proposed vehicle trips associated with a 121 lot area and take photographs. These subdivision will not require the preparation of a photographs will be used in the Land Use Congestion Management Plan Traffic Impact Section to characterize the existing Analysis (CMPTIA). The following will be conditions in the vicinity of the project site. conducted by Lilbum Corporation: ca The land use intensity analysis will focus on r, Discuss with the City of Rancho Cucamonga the effects of the change in land use Traffic Engineer to confirm study analysis designation from the City's current procedures. designation of Very Low Residential to the proposed Low Residential. We will also tn Evaluate the existing Traffic Impact Analysis evaluate land use compatibility with the for adequacy. Additional information or data adjacent flood control lands and discuss may berequested. potential growth inducing impacts that could be caused by the project. ~ Summarize the traffic analysis for inclusion in the Traffic Section of the EIR. a We will evaluate impacts associated with the annexation of the 96.6 acres that includes the ca Cumulative impacts will be reviewed and proposed project. Contiguous City included in the analysis if required by the boundaries will be visually presented. City. ta Mitigation measures to reduce potential Task 2.5: Visual Quality and Aesthetics impacts will be incorporated into this discussion. Existing Environment. The project site is undeveloped land in an unincorporated portion Task 2.3: Noise Assessment of San Bemardino County. Land uses surrounding the site include utility easements to Existing Environment. Single-family homes exist the north and south, vacant land to the west, east of the site. flood control (Henderson Creek) transversing the northeast portion of the site, and Wardman '- t~ The Noise Impact Analysis, prepared by Bullock Road and single-family residential to Giroux & Associates will be reviewed for the east. The site is dominated by upland sage adequacy. Additional information or data scrub. may be requested. Findings will be PRO 03-026/09/30/03 I 1 PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR n We will conduct a site visit with City staff Task 2.7: Biological Resources and the applicant to determine the viewpoints to be used in assessing visual Existing Environment. The project site is vacant impacts, and is surrounded by undeveloped land, with the exception of the area to the immediate east, o Project plans, including grading plans, will which includes the improved Henderson Creek be reviewed and evaluated in light of the and single-family residential development. existing aesthetic environment as an open, Upland sage scrub is the dominant vegetation undeveloped area. type on-site. Annual grasslands can be found on level terrain in portions along the eastern ~ We will work with the applicant to prepare a visual assessment using typical elevations property boundary. Focused protocol surveys for the federally listed endangered San to relate the proposed project to the existing Bernardino kangaroo rat and the federally listed viewshed, threatened California gnatcatcher were c~ Mitigation measures to reduce potential conducted on the project site. Results of these impacts will be incorporated into the surveys and the January 8, 2003 Biological discussion. Assessment will be discussed in the EIR. Task 2.6: Hydrology and Drainage ~ Summarize Biological Assessment Report and discuss impacts identified. The proposed project site is located in an ~ Incorporate any recommendations within the undeveloped area. Development could cause assessment as mitigation in the EIR. changes in drainage patterns and increase stormwater runoff from the site. Development Task 2.8: Other CEQA Required Analysis could add urban pollutants to the storm drain system. The following effort will be CEQA Guidelines Section 15126.2(d) requires undertaken for the EIR: an evaluation of growth inducing impacts that may result from the project. A project that is ~ Describe the potential effects associated growth inducing is defined as one that directly with the runoff from the site. or indirectly fosters economic growth, n Identify the concerns of the Regional Water population growth, or additional housing; when Quality Control Board and County Flood it removes obstacles to growth; when it taxes Control District and summarize the flood public facilities and services; or when it control improvements that currently exist, encourages or facilitates other activities that could significantly affect the environment. n Summarize the performance standards that must be met by the project to ensure that We will evaluate the potential of the proposed drainage from the project site will not cause project to cause or create significant amounts of a significant adverse effect on the additional growth in the surrounding environment, communities. u Identify mitigation measures to reduce ~n Growth inducing impacts will be discussed potential impacts, as they relate to the ability of the project to foster economic or population growth, or put PRO 03-026/09/30/03 12 /Il PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR additional pressure on existing public environmental impacts that would occur with infrastructure, development of the proposed 121-lot single- family subdivision. tn A cumulative impacts analysis will be conducted based on the findings of the TASK 3: COMPILE SCREENCHECK analysis of issues. The potential area of DRAFT EIR impact for the cumulative analysis of those issues determined to have significant impacts In addition to the tasks outlined above, the may he a radius of one to five miles. A list of Screencheck Draft EIR will include an proposed or reasonably foreseeable projects Introduction, Project Description and Summary in the City will be compiled, of the EIR. The Introduction will explain the The cumulative impacts evaluation will be in purpose and scope of the EIR, the need to the form of a matrix for each of the identified prepare an EIR, regulatory requirements for review and approval of the project, and the potentially significant impacts. The analysis intended use of the EIR. will focus on whether implementation of the ~ project adds significant incremental The Project Description Chapter will describe ~ contribution to impacts that are expected existing conditions on-site and in the vicinity of with consideration of other planned projects, the site, and describe adjacent land uses. We will r, Also summarized in this section will be summarize the proposed project including Significant Unavoidable Impacts and any project objectives, and identify permits and Significant Irreversible Changes in the approvals required for project implementation. Environment, and Impacts Found Not to be The Summary Chapter will include a brief Significant. A summary table will identify all summary of the proposed development plan and impacts and levels of significance both its environmental consequences. Included in the : before and after mitigation measures are Summary will be a matrix of impacts, level of implemented, significance before mitigation, proposed mitigation measures and the level of significance Task2.9: Alternatives Analysis after mitigation. Also included will be a After review of the project objectives, we will summary of the alternatives evaluated in the EIR. compile a list of reasonable alternatives to the project (Task 1). Alternatives may include but Task 3.1: Reproduction and Review of are not limited to: 1) the no-project alternative; Screencheck Draft EIR 2) a reduction in the size of the project; and 3) an alternative residential use. These and other The Screencheck Draft EIR and appendices will alternative scenarios will be discussed with City be compiled. A total of ten (10) copies of the staff in the initial project team meeting, document will be delivered to the City for review. We anticipate two rounds (five copies We will summarize the project description and each) of review by City staff prior to completion ~_~ project objectives, and summarize the findings of the Draft EIR for public review. The applicant of the Environmental Impact Evaluation. Finally we will identify and evaluate may also receive a copy of the document for their review. alternatives to the proposed project that would reduce or eliminate any significant PRO 03-026/09/30/03 13 ~ l,~ PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR Following completion of the review by City staff TASK 5: PREPARE FINAL EIR of the first version of the Screencheck Draft EIR, we will meet to review and discuss the City's Task 5.1: Review/Respond to Public comments, and agree on the approach to revising Conunents on Draft EIR the document. We will provide a revised screencheck with the City's first round of Following receipt of all comment letters received comments. This will ensure that the Draft EIR on the Draft EIR during the public review responds effectively and adequately to concerns period, Lilbum Corporation will discuss with expressed by City staff. The revised screencheck City staff the approach that will be undertaken to will be reviewed by staff and we may meet to respond to comments and to prepare a Final EIR. discuss the second round of comments and All comments will be indexed, numbered, and revisions, appropriate responses will be developed. Task3 Meetings: Two meetings with Ci0' Staff as If any comments warrant the development of needed to discuss project analysis additional data or technical analysis, direction and necessarydocument revisions, will be given by the City as to how it wishes Task 3 Deliverables: Lilburn Corporation will provide Lilbum Corporation to proceed. the City with a total often copies of the Screencheck Draft EIR for Task5.2: Mitigation Monitoring Plan internal review. This assumes two (2) rounds of comments/revisions. Upon completion of the environmental analysis TASK 4: CIRCULATE DRAFF EIR/NOC and review of the Screencheck Draft EIR, we will prepare a Mitigation Monitoring Plan Task 4.1: Revise Screencheck Draft EIRl (MMP). The MMP will be prepared in the Prepare Draft EIR for Distribution City's preferred format and will contain at a minimum: Following Task 3.2, the Draft EIR will be r] Description of impact to be mitigated. completed and reproduced for public review. In conjunction with assembly of the Draft EIR, we ca Mitigation measure. will prepare the Notice of Completion to accompany the Draft EIR. We will also work ~ Action to be taken to verify fulfillment of the with City staff to compile a list of State agencies measure. and other interested parties recommended for receipt of the document. Upon approval by City c~ Identity of the agency and/or department staff, we will print and distribute 50 copies of the responsible for implementing the action. Draft and circulate for a 45-day review period. Task 5.3: Prepare Findings of Fact/Statement Task 4 Deliverables: FifO' (50) copies of the Draft EIR of Overriding Consideration. and NOC will be printed and distributedforpublicreview. During preparation of the Final EIR we will prepare Draft Findings of Fact and Statements of One (1) reproducible unbound cop), and one (1) electronic cop)' of the Overriding Consideration (if there are any EIR will be submitted to Ci0' staff significant impacts that cannot be mitigated), for City Attorney review. The City Attorney in turn, would be responsible for ensuring the adequacy PR0034~26109130/03 14 //3 PRoPoSA: FOR HENDERSON CREEK PROPERTIES EIR of the Findings. This document would be (1) electronic copy of the document. Also, copies incorporated into the Administrative Record of all maps and exhibits in electronic form will Final EIR. be provided. Task 5.4: Prepare Administrative Record Task 5 Meetings: One (1) meeting with staff. Final EIR Task5 Deliverables: One (1) cop), of a Screencheck Final EIR will be submitted for The Final EIR will consist of the following: City staff review. A total of fifty (50) copies of all final documents c~ Draft EIR and MMP; will be reproduced. Ia A compilation of all comments received, and TASK 6: PROJECT MANAGEMENT responses to each comment on the Draft EIR; Task 6.1: Project Management [] Findings of Fact and Statements of Management of the Henderson Creek Properties Overriding Consideration, EIR includes on-going coordination with the applicant and City staff, and preparation of o Minutes from the Public hearings; and memos, meeting minutes and schedule updates. This task also includes meeting preparation and n Resolutions. attendance. In order to maximize our efforts to conduct the environmental evaluation and keep The Final EIR will be prepared as a full the EIR on track, we propose to attend up to disclosure document that thoroughly addresses three meetings with City staff at milestone the significant issues raised by the agencies and intervals. the public. However, the degree of public and other agency comment on an EIR may be 'We have allocated time for meeting preparation unrelated to the technical adequacy of the and attendance; estimated hours are based on our document. Public controversy, input from experience working on projects with time special interest groups, or comment from other constraints. We have provided a schedule in agencies with varying mandates and goals, can Section 6.0 of this proposal that shows project require additional unanticipated effoa in milestones and when meetings will likely occur. preparing the Final EIR. Public meeting attendance by Lilbum Our budget includes a low level of public . Corporation staff includes the following: response based on the nature of the project and the potential for controversy. ~ Up to two Planning Commission public hearings Task 5.5: Review Staff Comments/Finalize Final EIR a Up to two City Council public hearings - Following the receipt of City staff's comments Task 6 Meetings: Up to four (4)public hearings. on the Administrative Record Final EIR, we will prepare a final document. Fifty (50) copies of the Final EIR will be submitted to the City, along with one (1) unbound reproducible and one PR003-026/09130103 15 PROPOSAL FOR HENDERSON CREEK PROPERTIES EIR 5.0 COST ESTIMATE n Other CEQA sections will include a discussion of cumulative impacts based on a The estimated hours to prepare the EIR, summary of reasonably foreseeable projects complete the tasks described herein are shown in in the area. Table 1. Table 2 shows a breakdown of subtasks n A maximum of 50 copies of the Draft EIR to be completed for the Screencheck Draft EIR. and 50 copies of the Final EIR will be Cost management is an important responsibility printed. of a reliable consultant; our project management rn The Final EIR will include the Draft EIR, system focuses on the monitoring of responses to comments, the MMP and a expenditures and level of effort to ensure summary of changes to the Draft EIR (if adherence to budgets. Many factors outside of applicable), Findings, Resolutions, and our control can affect costs. Costs may also be Minutes from Public Heatings. reduced if issues are found to be less than significant in the scoping process, fewer [] The cost estimate assumes the project will meetings are required, or a lesser .degree of not be phased. dnalysis is required for other project issues or alternatives. Likewise, cost can increase if 6.0 PROJECT SCHEDULE additional analysis is needed, additional alternatives are desired, issues are found to be The anticipated timeframe for preparation of the more significant than anticipated, there are EIR is provided in Table 3. Although the steps in extensive comments to either the administrative the EIR process are relatively predictable, Draft or circulated Draft of the document that unexpected issues, events, public or decision- would reflect a new direction on the EIR maker concerns, and other factors can occur, analysis, or additional meetings are required, particularly with projects of a controversial or sensitive nature. The ability of our team to avoid Assumptions Used in Estimating Hours or contend with such effects and minimize schedule delays can be attributed to our ability to ~ Project Management includes budget anticipate problems and potential solutions, management, contract management and flexibility within the task assignments, and meetings by the Principal-in-Charge and creative problem solving. Project Manager with City staff and the applicant. We have budgeted for the Project Our schedule provides for a City Council public Manager to attend up to three meetings with hearing in early June 2004. This project schedule staff. Additional meetings can be added on a is aggressive but we are committed to providing time and materials basis, the Screencheck Draft EIR by December 18, 2003 for staff review, with public review period tn The Screencheck Draft EIR will be scheduled to begin'February 20, 2004. This is submitted to City staff for review; we have based on the City's ability to process the contract assumed two rounds of comments/revisions and provide review comments on a fast-track. prior to circulation of the Draft EIR. c~ Analysis of up to three alternatives to the project will be undertaken including the no- project alternative. PR003-026109/30103 16 //~,~ Table 1 Estimated Costs Environmental Impact Report for the Henderson Creek Properties Residential Developmenl ~ of Rancho Cucamonga COS r CA FEGOR¥ LABOR TOTAL rask 1: Project Iniliation 2 8 8 4 22 $1,893 $1.892 Task 3: Compile Screencheck Dra ff El R 16 154 168 88 g 60 44 538 $40,81; $40.812 Task 6: Pro. icc{ Managemenl e 8 40 8 56 $5.98~ $5.98, TOTAL: 26 268 220 120 8 60 136 838 $64A0~ $5.50{ $69.908 a, Includes/he Public Scoping Meeting, plus printing and distdbution of the NOP, '(Rancho PRO 03-026 Henderson Creek '09/30A)3) Lilbum Coq3oration will prepare, pdnt and mail NOPs and NOAs according to a mailing list approved by City staff, c, Includes Screencheck Final EIR and Administrative Record Final EIR at the end of the process. d. Up to 50 copies pi the final EIR will be printed for distribution to agencies/interested parties, Table 2 Detail of Costs - Tasks 2 and 3: Screencheck Draft EIR (Included in Table 1) Henderson Creek Properties - City of Rancho Cucamonga ~ COST CATEGOR~ LABOR TOTAL SCREENCHECK EIR ISSUES H.urs I Casts Project Description 8 24 4 16 52 $3,54(3 $3,54[ Environmental Impact Analysis o $(~ Land Use and Plannin~l 8 24 4 36 $2,63~ $2.63; Traffic/Circulation 32 8 40 $2,16( Air Quality 2 ~6 ~ SL~c Vis ual Resources/Aesthetics s 16 24 $1,92( $ I Biological Resources 16 16 $1,04( $1.040 Geolog~//Soils s 24 32 $2.2(~ Hydrolo~yANater Quality 24 24 $2.~( $2,~4o Cumulative Impacts ~6 16 $1,O4( $1 Other CEQA Sections 2 12 14 $1,00( References/Glossar~ 2 8 I0 $74( $74O Compile and Edit Document a 12 60 4 16 40 132 St 1,42( $l 1.420 TOTAL: 16 154 168 88 8 40 44 518 $39,81: $0 $39,8~z 10/09/200~ 18:59 9098901809 LI~URN CDRP P~S£ 02/02 LILBURN StrategicPi~nnili.~. & E:';v~r0r rmrntd 5:~rrv/eeS C O R P O R AT I O N ii I ~f~l,v~ ~ ~J~ October 9, 2003 Ms. Debra Meier, AICP, Associate Planner City of Rancho Cucamonga Planning Department 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Re: Culmnd Resources Assessment of the 90±acre Hendzrson Creek Proly'.:ties Site, R~m:ho C-'ucamonga, San Bemardino County. Dear Debra: A Cultural Resources Assessment .will be conducted that will meet CJty/Covnty requirements and will be acceptable for incorporation into the BIlL In order to determine whether significant archaeological resources are situaled withj~ thc su'a.i,.-ct property, it will bc necessary to: 1) conduct a review of prcviously le. co~ lec[ let al ar::haeclogieal surveys and sites ou file at the Archaeological Information Center at the Say l~;emartlJno ,2cunty Museum; 2) conduct a field reconnaissance of all surveyable areas cf Ibc Dropv. rty; ,and 3) compile a narrative report describing the study and its results. The cost for performing the assessment a.q proposed is $3,000. If the ec;se~sm,nt r::,'ultf i~'. the discovery of any prehistoric or historic archaeological sites that require re;aiding :n- up:laJng, then a per site fee of $350 would be required. This per site fee would enccmpasi all I;.ut the larger or mom complex sites. Costs for recording these types of sites wil!. site basis. Barring inclement weather, the assessment as proposed can b~ cmrple':ed within 4-5 wee, les of thc notification to Sincerer, Natalie P. Patty Environmental Analyst ~%~--~'~ San Bernardino - S~acramen~o o Reno - Las Vege 1905 Business Cenl~.r Drive * San Berna~lino · CA 92408 * 909-890-1.818 TABLE 3: SCHEDULE FOR PREPARATION OF THE HENDERSON CREEK PROPERTIES EIR 4 Prepare In[rial Study and NOP 11,~ ~1~ ~_.~..2 i 7 Meetings with City staff ~ 11~ · tm · ~tll · ~12 PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 5th day of November, 2003, between the City of Rancho Cucamonga, a Municipal Corporation (hereinafter referred to as "CITY") and _Lilbum Co~ (hereinafter referred to as "CONSULTANT"). A. Recitals. 1. CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to the preparation, of an Environmental Impact Report for Tentative Tract 16324 and all associated applications ("Project" hereafter), a full, true, and correct copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. 2. CONSULTANT has now submitted its proposal for the performance of such services, a full, true, and correct copy of which proposal is attached hereto as Exhibit"B" and by this reference made a part hereof. 3. CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's Planning Commission, City Council, and staff in the preparation of Project. 4. CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as/hereinafter defined. NOW, THEREFORE, it is ~greed by and between CITY and CONSULTANT as follows: B. Aqreement. 1. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: a. Proiect: The preparation of an Environmental Impact Report for Tentative Tract 16324 and all associated applications described in Exhibit"A" hereto including, but not limited to, tl'ie preparation of maps, surveys, reports, and documents; the presentation, both oral and in writing, of Page 1 such plans, maps, surveys, reports and documents to CITY as required; and attendance at any and all work sessions, public hearings, and other meetings conducted by CITY with respect to the project. b. Services: Such professional services as are necessary to be performed by CONSULTANT in order to complete the project. c. Completion of Project: The date of completion of ail phases of the project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations, and attendance by CONSULTANT at public headngs regarding the certification of the Final Environmental Impact Report as set forth in Schedule 1 of Exhibit "A" hereto. 2. CONSULTANT aRrees as follows: a. CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibits "A" and "B" hereto and all in accordance with Federal, State, and City statutes, regulations, ordinances, and guidelines, all to the reasonable satisfaction of CITY. b. CONSULTANT shall supply copies of all maps, surveys, reports, plans, and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Schedule 1 of Exhibit "A." Copies of the documents shall be in such numbers as are required by Exhibit"A." CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B.2.(b) may be extended upon wdtten approval of CITY. c. CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion of CONSULTANT, be necessary to complywith the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, Page 2 CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the pdor wdtten approval of CITY. 3. CITY aqrees as follows: a. To pay CONSULTANT a maximum sum of $76,553 for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and indirect costs or fees, including the work of employees, consultants, and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. b. Payments to CONSULTANT shall be made by CiTY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to houdy rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95 percent of the individual task totals described in Exhibits "A" and "B." c. CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95 percent of the maximum payable hereunder pdor to receipt by CITY of all final documents, together with all supplemental technical documents, as desc~bed herein, acceptable in form and content to CITY. Final payment shall be made no later than 60 days after presentation of final documents and acceptance thereof by CITY. d, Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT'S proposal as set forth in Exhibit "B" hereof, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in said Exhibit"B." Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time alter said invoices are received by CITY. 4. CITY aqrees to provide to CONSULTANT: Page 3 a. Information and assistance as set forth in Exhibit "A" hereto. b. Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the project. c. Such information as is generally available from CITY files applicable to the project. d. Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least 15 days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable houdy rates as set forth in Exhibit "B," on a pro-rata basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in Paragraph B.3.a. above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs, and repods, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Desiqnated Representatives: Any and all notices, demands, invoices, and wdtten communications between the parties hereto shall be addressed as set forth in this Paragraph Page 4 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Any such notices, demands, invoices, and wdtten communications, by mail, shall be deemed to have been received by the addressee 48 hours after deposit thereof in the United States mail, postage prepaid and pmpedy addressed as set forth above. 8. Insurance: The CONSULTANT shall not commence work under this contract until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on its subcontract until all insurance required of the subcontractor has been obtained. The CONSULTANT shall take out, and maintain at all times dudng the life of this Contract, the following policies of insurance: a. Compensation Insurance: Before beginning work, the Contractor shall furnish to the CITY a certificate of insurance as proof that it has taken out full compensation insurance for all persons whom the CONSULTANT may employ directly or through subcontractors in camjing out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered bythis contract. Further, such policy of insurance shall provide that the insurer waives all rights of subrogation against CITY and its elected officials, officers, employees, and agents. In accordance with the provisions of Section 3700 of the California Labor Code, every contractor shall secure the payment of cempensation to his employees. CONSULTANT, prior to commencing work, shall sign and file with the CITY a certification as follows: '1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code; and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONSULTANT or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage: Page 5 />¢ (1) Commemial General Liability (occurrence) - for bodily injury, death, and property damage for products/completed operations and any and all other activities undertaken by the CONSULTANT in the performance of this Agreement; or (2) (Alternative to Commercial General Liability) - Comprehensive, broad-form General Public Liability (occurrence) - for bodily injury, death, and property damage arising out of any activities undertaken by CONSULTANT in the performance of this Agreement. (3) Comprehensive Automobile Liability (occurrence) - for bodily injury, death, and property damage insudng against all liability adsing out of the use of any vehicle. (4) Professional Errors and Omissions Liability - insudng against all liability adsing out of professional errors and/or omissions, providing protection of at least $1,000,000 for errors and/or omissions ("malpractice") of CONSULTANT in the performance of this Agreement. Such policy may be subject to a deductible or retention in an amount acceptable to CITY and shall further be subject to the provisions of subsections (2) and (6) of Section B.8.c., below. If a "claims made" policy is provided, such policy shall be maintained in effect from the date of performance of work or services on CITY's behalf until three years after the date the work or services are accepted as completed. Coverage for the post-completion pedod may be provided by renewal or replacement of the policy for each of the three years or by a three-year extended reporting period endorsement which reinstates all limits for the extended reported pedod. If any such policy and/or policies have a retroactive date, that date shall be no later than the date of first performance of work or services on behalf of CITY. Renewal or replacement policies shall not allow for any advancement of such retroactive date. Each such policy or policies shall include a standard "notice of circumstances" provision. (5) Other required insurance, endorsements, or exclusions as required by the request for proposal. (6) The policies of insurance required in this Section B.8.b. shall have no less than the following limits of coverage: Page 6 (a) $2,000,000 (Two Million Dollars) for bodily injury or death, and (b) $1,000,000 (One Million Dollars) for property damage; or (c) The total of the limits specified in Subsections (i) and (ii), above, where a combined single limit is provided. c. The policies of insurance required in Subsections (1), (2), and (3) of Section B.8.b., above, shall: (1) Be subject to no deductible amount unless otherwise provided, or approved in writing by CITY; (2) Lilbum Corporation currently is insured by the following: Workers Compensation insurance is provided by Fremont Employers Insurance Companywhich is rated A- :VIII by the A.M. Best Co. Rating Guide, and is admitted and licensed in California; Liability coverage is provided by Gulf Underwriters Insurance Company (a member of the Travelers Property Casualty Group) which is rated A:X by the A.M. Best Co. Rating Guide, although the company is not admitted in California, they are approved to do business in California by the Surplus Lines Association, which is approved by the Depadment of Insurance; (3) Name as additional insureds the CITY, its elected officials, officers, employees, attorneys, and agents, and any other parties, including subcontractors, specified by CITY to be included; (4) Specify that it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy; (5) Specify that it applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability; (6) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of coverage thereof reduced until thirty (30) days after receipt by CITY of wdtten notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." Page 7 (7) Specify that any failure to comply with reporting or other provisions of the required policy, including breaches of warranty, shall not affect the coverage required to be provided; (8) Specify that the insurer waives all rights of subrogation against any of the named additional insureds; and (9) Specify that any and all costs of adjusting and/or defending any claim against any insured, including court costs and attorneys' fees, shall be paid in addition to and shall not deplete any policy limits. (10) Otherwise be in form satisfactory to CITY. d. Pdor to commencing performance under this Agreement, the CONSULTANT shall furnish the CITY with odginal endorsements, or copies of each required policy, effecting and evidencing the insurance coverage required by this Agreement. The endorsements shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf. All endorsements or policies shall be received and approved by the CITY before CONSULTANT commences performance. If performance of this Agreement shall extend beyond one year, CONSULTANT shall provide CITY with the required policies or endorsements evidencing renewal of the required policies of insurance pdor to the expiration of any required policies of insurance. 9. Indemnification: CONSULTANT shall defend, indemnify, and save harmless CITY, its elected and appointed officials, officers, agents, and employees, from all liability from loss, damage, or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner adsing out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the pdor written consent of CITY. P~e8 11. Independent Contractor: The parties hereto agree that CONSULTANT and its employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Govemin.q Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 13. Attomey's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 14. EntireAqreement: ThisAgreementsupersedesanyandallotheragreements, eitheroral or in wdting, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: Page 9 "CONSULTANT" By: Its: '"'~ r,L~.. STATE OF CALIFORNIA ) COUNTY OF * ) ss. On I~- I~,- 0 ~ , before me, /--,.~,- ~, ~;/I.'~,~/~-- e~/;c pe~onally appeared ~ ~ ~;/~ , ~or proved to me on ~ basis of satisfacto~ evidence) to be the pemon whose name is subscribed to the within instrument and acknowledged to me that he/~executed the same in his/~authodzed capacity, and that by his~ signature on the instmmentthe pemon, or the enti~ upon behalf of which the pemon acted, executed the instrument. WITNESS my hand and official seal. ,~~RY PUBLIC-CALIFORNIA SAN BERNARDINO COUNTY ~ MyComm. Exp. Dec. 18. 2003 Page 10 /)7 CITY OF RANCHO CUCAMONGA A Municipal Corporation By: Mayor Attest: City Clerk Approved: City Attomey STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. On , before me, *, (Deputy City Clerk) of the City of Rancho Cucamonga, personally appeared *(Mayor & City Clerk), personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Deputy City Clerk City of Rancho Cucamonga Page 11 EXHIBITS CALLED OUT IN AGREEMENT AS BEING ATTACHED: Mentioned in Contract Exhibit PaRe & Sec. No. Type of Exhibit Page 1, Sec. A.(i) A Description of what consultant is providing Page 1, Sec. A.(ii) B Consultant's proposal Page 2, Section B.l.c. Schedule 1 Dates of completion of all phases of project of Exhibit A IF ANY CHANGES ARE MADE TO CONTRACT, LIST OUT THE CHANGES MADE FOR THE BENEFIT OF THE ATTORNEY'S OFFICE. LILBURN CORPORATION }t~orker's Compensation Statement for Professional Services Agreement to prepare an Environmental Impact Report for Tentative Tract 16324 and all associated applications. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code; and I will comply with such provisions before commencing the performance of work of this contract. Signatt~re · Print Nam6 Date / [~ A N C H O C U C A M O N G A E N GIN l~l~l~ I N G DI~DAI~ TMI~N T StaffReport DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician STJBJECr: RELEASE THE FAITHFUL PERFORMANCE AND LABOR AND MATERIAL BONDS FOR TRACT 15766, LOCATED ON THE NORTH SIDE OF BASE LINE ROAD, APPROXIMATELY 800' WEST OF VICTORIA PARK LANE, SUBMITTED BY D. R. HORTON RECOMMENDATION: The required improvements for Tract 15766 were not constructed with this project. It is recommended that the City Council authorize the City Clerk to release the Faithful Performance Bond and Labor and Material Bond. BACKGROUND/ANALYSIS: The applicant was required to complete street improvements, as a condition of approval of Tract 15766, which was a condominium project, located on the north side of Base Line Road, approximately 800' west of ' Victoria Park Lane. Instead the developer completed the required street improvements with a subsequent project, Tract 16128, for single family homes. Therefore, it is recommended that the City Council release the existing Faithful Performance Bond and Labor and Material Bond. Developer: D.F. Horton 119 N. Maple Street, Ste. A Corona, CA 92880 (Bond No.) Release: Faithful Performance Bond 256204 $851,809.00 Labor and Material Bond 256204 $425,904.00 Re,sp~tfully submitted, W II, am J. O Nell City Engineer W JO: VC:dlw /33 VICIINITY MAP TIIACT 15766 CITY Olt I~\NCilO CUCAMONGA COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA /3¢ [~ A N C H O C U C A M O N G A ENGINEERING DEPARTIqENT SlaffR port DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Nei!, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECI': RELEASE OF MAINTENANCE GUARAIbVrEE BONDS, FOR DR 99-77, LOCATED ON THE SOUTHEAST CORNER OF HERMOSA AVENUE AND SIXTH STREET, SUBMITTED BY CABOT INDUSTRIAL PROPERTIES RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bonds, for DR 99-77, located on the southeast corner of Hermosa Avenue and Sixth Street submitted by Cabot Industrial Properties. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: Cabot Industrial Properties 3685 Main Street, Suite 220 Riverside, CA 92501 Release: Bond No. 817827S $21,100.00 Bond No. 917828S $57,360.00 Respectfully submitted, City Engineer WJO:SH:dlw ,/' VICINITY MAP 4. TI-4 ST'~-ET CITY OF RANCHO CUCAMONGA R A N C H O C U C A M O N GA ]~NGIN EgI~IN G D~ PAI~TFI~NT Staff Report DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECt: RELEASE OF MAINTENANCE GUARANTEE BOND FOR BASE LINE ROAD SOUTH SIDE PARKWAY LANDSCAPING, FOR TRACT 15947 AND TRACT 15948, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE ROAD AND ETIWANDA AVENUE, SUBMITTED BY WL HOMES LLC DBA JOHN LA1NG HOMES RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond for Base Line Road south side parkway landscaping, for Tract 15947 and Tract 15948, located at the southwest comer of Base Line Road and Etiwanda Avenue submitted by WL Homes LLC dba John Laing Homes. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the landscape improvements remain free from defects in materials and workmanship. Developer: WL Homes LLC dba John Laing Homes 10737 Lauren Street, Suite 280 Rancho Cucamonga, CA 91730 Release: Bond No. 403577 Respectfully submitted, Wtilf(am J. O'Neil City Engineer WJO:SH:dlw ~ -- --- BASE LINE ROAD /5¢/-/8 '~594.7 CITY OF ITEM: TT15947/t,qp -/T/,.¢'¢~/~ TITLE: VICINITY MAi RANCHO CUCAMONGA F.X#1eIT: ENGINEERING DIVISION /3~ R A N C h O C U C A M O N G A ENGINEERING DEDAE~TMENT Staff Report DALE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND, FOR TRACT 15948, LOCATED AT THE SOUTHEAST CORNER OF ET1WANDA AND BASE LINE, SUBMITTED BY WL HOMES LLC, DBA JOHN LAING HOMES RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Tract 15948, located at the southeast comer of Etiwanda and Base Line submitted by WL Homes LLC, dba John Laing Homes. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: WL Homes LLC, dba John Laing Homes 10737 Laurel Street, suite 280 Rancho Cucamonga, CA 91730 Release: Bond No. 403578 Respectfully submitted, Wi~tl~am J. O'Neil City Engineer WJO:SH:dlw CITY OF ITEM: TT15948 RANCHO CUCAMONGA TITLE VICINITY MAP ENGINEERING DIVISION EXHIBIT: /¢~ R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECt: RELEASE OF MAINTENANCE GUARANTEE BOND, FOR PARCEL MAP 14376, LOCATED AT THE NORTHVv~ST CORNER OF RANCHERIA AND RED HILL COUNTRY CLUB DRIVE, SUBMITTED BY LONGWELL INVESTMENTS, INC. RECOMMENDATION: It is recommended that the City Council authorize the City Clerk to release the Maintenance Guarantee Bond, for Parcel Map 14376, located at the Northwest corner of Rancheria and Red Hill Country Club Drive submitted by Longwell Investments, Inc. BACKGROUND/ANALYSIS The required one-year maintenance period has ended and the street improvements remain free from defects in materials and workmanship. Developer: Longwell Investments, Inc. C/o Grand National Bank 1138 South Garfield Avenue Alhambra, CA 91801-4713 Release: Letter of Credit #GBS-1174PP $1,620.00 R~fully submitted,. Wltga/m J. O'Neil City Engineer WJO:SH:dIw CitY of Rancho Cucamonga Engineering Department PARCEL MAP NO. 143 76 NORTH R A N C H O C U C A M O N G A I'll ENGINEERING DERARTHENT Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chillicki, Engineering Technician SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DRC2002-00040, LOCATED ON THE EAST SIDE OF HERMOSA AVENUE, NORTH OF SHARON CIRCLE, SUBMITTED BY 7TM AND HERMOSA JP/PI, LLC (PANATTONI DEV.) RECOMMENDATION: The required improvements for DRC2002-00040 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DRC2002-00040, located on the east side of Hermosa Avenue, north of Sharon Circle, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: 7TM and Hermosa JP/PI, LLC (Panattoni Dev.) 19600 Fairchild Road, Suite 285 Irvine, CA 92612 Release: Faithful Performance Bond FF400SR9614 $26,400.00 Accept: Maintenance Bond FF400SR0614 $2,640.00 Re.sl3e~tf ully submitted, Will~a~n J. 0 Neil City Engineer WJO:hh Attachment / ~ Fc~rHIII , 6m ~ STREET STI~ET CITY OF ITEM: RANCHO CUCAMONGA Trr~,~.: ENGINI~,I~R1NG DIVISION EXIrmlT: RESOLUTION NO. ~,~ '~ ~ 7// A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DRC2002-00040 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRC2002-00040 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N H O C U C A M O N G A Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJEL~: ACCEPT IlVIPROVEMENTS, RELEASE TI-~ FAITHFUL PERFORMANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR REGIONAL PLANT #4 (CUP 90-16), LOCATED AT 6TH STREET AND ET1WANDA AVENUE, SUBMITTED BY CHINO BASIN MUNICIPAL WATER DISTRICT RECOMMENDATION: The required improvements for Regional Plant #4 (CUP 90-16) have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Regional Plant #4 (CUP 90-16), located at 6th Street and Etiwanda Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond. Developer: 'Chino Basin Municipal Water District Release: Faithful Performance Bond No. 1113317159 $1,865,000.00 Re~ submitted, . Wi~ia~ J. O'Neil City Engineer WJ©:SH:dlw Attachment Vicinity Map CUP 90-16 N CUP 90-16 s REGIONAL PLANT #4 /¢7 RESOLUTION NO. ~),~ , ~}'7~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR REGIONAL PLANT #4 (CUP 90-16) AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Regional Plant #4 (CUP 90-16) have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bemardino County R A N C H O C U C A M O N GA ]~ NGINI~E I~IN G DI~PADT~II~N'I' Staff Report DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DR00-08, LOCATED AT THE NORTHWEST CORNER OF FOURTH STREET AND SANTA ANITA AVENUE SUBMITTED BY VICHEN CORP. RECOMMENDATION: The required improvements for DR00-08 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of DR00-08, located at the Northwest comer of Fourth Street and Santa Anita Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond. Developer: Vichen Corp. 12178 Fourth Street Rancho Cucamonga, CA 91730 (Bond No.) Release: Faithful Performance Bond 128861 $14,800.00 Respectfully submitted, / Willihha J. O'Neil City Engineer WJO:VC:hh Attachment CITY OF ITEM: -~ RANCHO CUCAMONGA TITLE: ~ EN~E~m~r; mvIs~or~ EXHIBIT: RESOLUTION NO. D¢ - ¢ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR00-08 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DRO0-08 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A ENGINEERING DEDARTHENT Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Shelley Hayes, Engineering Technician SUBJECT: ACCEPT IMPROVEMENTS, RELEASE TH]E FAITHFUL PERFORMANCE BOND, AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR DR 99-59, LOCATED ON THE NORTHWEST CORNER OF 7TM STREET AND TORONTO AVENUE, SUBMITTED BY OXMOOR II, INC. RECOMMENDATION: The required improvements for DR 99-59 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond BACKGROUND/ANALYSIS: As a condition of approval of completion of DR 99-59, located on the northwest comer of 7TM Street and Toronto Avenue, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond Developer: Oxmoor 1I, Inc. Release: Faithful Performance Bond No. B3042343 $37,000.00 Respectfully submitted, WillFam J. 0 Nell City Engineer WJO:hh Attachment VICTORIA - roc BLVD . ] ~ r"'"'-I [-'~I , z Not lo Scale 6TH ST x,'-,' ',, v~c~nlty Mop 4TH ~T RESOLUTION NO. ~)~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR DR 99-59 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for DR 99-59 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJECT: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT A MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16217, LOCATED ON THE WEST SIDE OF MILLIKEN AVENUE, SOUTH OF GREENWAY PARK SUBMITTED BY WESTERN LAND PROPERTIES AND LDC COUGAR, LLC RECOMMENDATION: The required improvements for Tract 16217 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to f-tie a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond and accept a Maintenance Bond. BACKGROUND/ANALYSIS: As a condition of approval of completion of Tract 16217, located on the west side of Milliken Avemue, south of Greenway Park, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: Western Land Properties and LDC Cougar, LLC Release: Faithful Performance Bond 833091S $165,700.00 Accept: Maintenance Bond $33091S $16,750.00 lly submitted, ~ ~illFm J.~O' Neil Clt3fEngineer WJO:hh Attachment · VICINITY MAP VtCINffY MAP CITY OF RANCHO CUCAMONGA RESOLUTION NO. ~,~ .- ~7~" A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16217 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16217 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I~ A N C H O C U C A M O N G A ENGINEERING DEPARTMENT StaffRe DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Vicki Chilicki, Engineering Technician SUBJt. C'2T: ACCEPT IMPROVEMENTS, RELEASE THE FAITHFUL PERFORMANCE BOND, ACCEPT THE MAINTENANCE BOND AND FILE A NOTICE OF COMPLETION FOR IMPROVEMENTS FOR TRACT 16105, LOCATED BETWEEN EAST AVENUE AND THE 1-15 FREEWAY, SOUTH OF BASE LINE ROAD, SUBMITTED BY K. HOVNANIAN FORECAST HOMES, INC. (FORMERLY RANCHO CUCAMONGA LAND CO, LLC). RECOMMENDATION: The required improvements for Tract 16105 have been completed in an acceptable manner, and it is recommended that the City Council accept said improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Clerk to release the Faithful Performance Bond, and accept the Maintenance Bond. BA CKGROUND/ANALYSIS.. As a condition of approval of completion of Tract 16105, located between East Avenue and the 1-15 Freeway, south of Base Line Road, the applicant was required to complete street improvements. The improvements have been completed and it is recommended that the City Council release the existing Faithful Performance Bond and accept the Maintenance Bond. Developer: K. Hovnanian Forecast Homes, Inc. (formerly Rancho Cucamonga Land Co. LLC). (Bond No.) Release: Faithful Performance Bond BE 2634350 $1,420,000.00 Accept: Maintenance Bond BE 2634350-M $ 142,000.00 Resp~lly submitted, Willihrff J. 0 Neil City Engineer WJO:VC:dlw Attachment Il BASELINE ROAD PROJECT SITE MILLER AVE. CITY OF rrsM: ~ RANCHO CUCAMONGA Trr[.w: ENG]IN~I~RIi~G D~ON RESOLUTION NO. D3 - ~ '~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 16105 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract 16105 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work is complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. I H E C I T Y 0 F I~AN CH 0 C U CAH 0 N GA Staff Report DATE: October 8, 2003 TO:. Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Campbell Amos, Contract Engineer SUBJF. L-~: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITIES, AND REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PROJECT DRC2002-00806, CONSISTING OF THE CONVERSION OF A LOCAL HISTORIC RESIDENTIAL LANDMARK TO AN OFFICE, LOCATED AT 10213 FOOTHILL BLVD, SUBMITTED BY SOHEILA AND FARAMARZ AZIZI RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions approving the Improvement Agreement and Improvement Securities for project DRC2002-00806, Phases I and II, and approving the Real Property Improvement Contract and Lien Agreement for DRC2002-00806, Phase III, and authorize the Mayor and City Clerk to sign said agreements and to cause same to record. BACKGROUND/ANALYSIS: The approval letter of Minor Development Review, project DRC2002-00506, was sent by the City Planner on December 19th, 2002. The application is for conversion of a local historic residence, located on 1.25 acres on the south side of Foothill Boulevard between Hermosa and Center Avenues, into an office building. The developer, Soheila and Faramarz Azizi, wished to defer full street improvements until the office property could become established. The Planning Commission approved the application where ultimate street improvements are Conditions of Approval for new building construction, referred to as Phase III. The Real Property Improvement Contract and Lien Agreement insures the construction of all street improvements. The Improvement Agreement and Improvement Securities pertain to Phase I and II street improvements. CITY COUNCIL STAFF REPORT DRC2002-00806 November 5, 2003 Page 2 The developer is submitting an agreement and securities to guarantee the construction of Phase I and II public improvements in the following amounts: Faithful Performance $11,600.00 Labor and Material $ 5,800.00 Copies of the Agreement, Securities, and the Property Improvement Contract and Lien Agreement are available in the City Clerk's office. Respectfully submitted, William J. O'Neil City Engineer WJO:C^:dlw Attachments N CITY OF ITgM: RANCHO CUCAMONGA ENGIKE. ERING DIVISION EXHIR1T: RESOLUTION NO. O~ ' 97 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITIES FOR PROJECT DRC2002-00806, PHASES I AND II. WHEREAS, a Minor Development Review, project DRC2002-00806, submitted by Soheila and Faramarz Azizi, consisting of the conversion of a local historic residence, located on 1.25 acres on the south side of Foothill Boulevard between Hermosa and Center Avenues, into an office building was approved by the Planning Commission, as noted with the December 19th, 2002 approval letter; and WHEREAS, the project utilizes phased construction, with Phases I and II necessary to efficiently construct access to the' property for office use and consisting of drive approach relocation and construction of curb and gutter; and WHEREAS, Phase HI involves new building construction and the construction of ultimate street improvements; and WHEREAS, Phase I and II improvements, the posting of security, and the execution of an Improvement Agreement are Conditions of Approval; and WHEREAS, the Improvement Agreement and Improvement Security Agreement have been executed by Soheila and Faramarz Azizi; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES THAT SAID improvement agreement and improvement securities be and the same are hereby approved, and the Mayor is hereby authorized to sign said agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said agreements to record. RESOLUTION NO. ~),~ .~,?'"2 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE REAL PROPERTY EMPROVEMENT CONTRACT AND LIEN AGREEMENT FOR PROJECT DRC2002-00806, PHASE III. WHEREAS, a Minor Development Review, project DRC2002-00806, submitted by Soheila and Faramarz Azizi, consisting of the conversion of a local historic residence, located on 1.25 acres on the south side of Foothill Boulevard between Hermosa and Center Avenues, into an office building was approved by the Planning Commission, as noted with the December 19m, 2002 approval letter; and WHEREAS, the developer wishes to defer full street improvements until the office property becomes established and new building(s) are constructed (Phase IH); and WHEREAS, execution of a Real Property Improvement Contract and Lien Agreement is a Condition of Approval and has been executed by Soheila and Faramarz Azizi; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said real property improvement contract and lien agreement be and the same is hereby approved, and the Mayor is hereby authorized to sign said agreements on behalf of the City of Rancho Cucamonga, and the City Clerk to attest hereto and cause said Agreement to record. R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT Staff Report DATE: November 5, 2003 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECt: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTIiNG MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT NO. 16371 LOCATED ON THE SOUTHWEST CORNER OF VICTORIA PARK LANE AND BASE LINE ROAD SUBMITTED BY US HOME CORPORATION - APN: 227-171-26 RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract No. 16371, accepting the subject agreement and security, ordering the annexation to Landscape Maintenance District No. 2 and Street Lighting Maintenance District Nos. 1 and 3 and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Tract No. 16371 (Phased Tract of Tentative Tract No. 15974) located on the southwest comer of Victoria Park Lane and Base Line Road was approved by the Planning Commission on March 7, 2001 for the development of 555 single family lots. Tract No. 16371 allows for the construction of 53 single family residences. The Developer, US Home Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts:. Faithful Performance Bond $521,700.00 Labor and Material Bond: $260,850.00 Copies of the agreement and security are available in the City Clerk's Office Respectfully submitted, O Neil City Engineer WJO:JS:dlw Attachment 15948 _TRACTNO. 15947 TENTATIVE PARCEL MAP NO. 15716 1~~-------~] ~ TRACT INDEX WITH PLANNING AREAS ,,,o ........ ~ ~;j~; ~ '--'" VICTORIA ARBORS RESOLUTION NO. ~)3 - ~ ') ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16371, IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative ~ract Map 16371(Phased~Tract of Tentative Tract No. 15974), submitted by US Home Corporation and consisting of 53 single family lots located on the southwest comer of Victoria Park Lane and Base Line Road, was approved by the Planning Commission of the City of Rancho Cucamonga, on March 7, 200 I, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 16371 is the final map of the division of land approved as shown on said Tentative Tract Map No. 15974; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement - guaranteed by acceptable Improvement Security by US Homes Corporation, as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 16371 is E:reby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. RESOLUTION NO. ~)3 '":~ ~0 A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16371 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 2, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 3 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XIIID") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. TRACT 16371 November 5, 2003 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIIlD applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportionai special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: AIl future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Temtory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: US HOMES CORPORATION The legal description of the Property is: TRACT NO. 16371, BEING A SUBDIVISION OF A PORTION OF PARCELS 3, 4, 8, AND B OF PARCEL MAP NO. 15641, AS SHOWN ON MAP FILED IN PARCEL MAP BOOK 192, PAGES 93 TO 100, INCLUSIVE; AND A PORTION OF LOT 4 IN BLOCK "S" OF ETIWANDA COLONY LANDS, AS SHOWN ON MAP FILED IN MAP BOOK 2, PAGE 24, RECORDS OF SAN BERNARDINO COUNTY, STATE OF CALIFORNIA. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. A-1 /7/ Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park, Vintage Park, Windrows Park and Ellena ParkTown Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD gl)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) Street Light Maintenance District No. 3 (SLD//3) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally, this area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: Tract 16371 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 3 ......... SLD#2 8 ............ Cormnunity Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L1 ......... *Existing items installed with original project B-2 Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2003/04. The following table summarizes the assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Community): # of Physical Assessment # of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Parcel 5060 1.00 5060 $422.00 $2,177,520.00 Family Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Comrtfflnd. Acre 44.18 2.00 88.36 $422.00 $37,287.92 Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.84 TOTAL $2,302,791.76 The Proposed Annual Assessment against the Property (TR 16371) is: 57 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. = $24,054.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.) is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment I and lI~e Il'nit Tx, ne llnlt~ llni/a Factnr lInltn I/nlt Revenue Single Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 16371) is: 15 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $266.55 Annual Assessment C-1 Exhibit C (Continued) STREET LIGHT MAINTENANCE DISTRICT NO. 3(VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment l,and llxe lTni! Tyne lInitg IInitx Factar Units llnit Revenue Single Family Parcel 5160 1.00 5160 $47.15 $243,294.00 Multi- Unit 124 1.00 124 $47.15 $5,846.60 Family Commercial Acre 44.18 2.00 88.36 $47.15 $4,166.17 Vacant 10.95 2.0 21.90 $47.15 $1,032.59 TOTAL $254,339.36 The Proposed Annual Assessment against the Property (TR 16371) is: 70 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. = $3,300.50 Annual Assessment c_2 /TY R A N C H O C U C A M O N GA ~NGINEERING DEPARTMENT SnaffRepo DATE: November 5, 2003 TO:. Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William'J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DRC2001-00437 LOCATED AT THE NORTHEAST CORNER OF HAVEN AVENUE AND TOWN CENTER DRIVE, SUBMITTED BY EXXON MOBIL OIL CORPORATION RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving DRC2001-00437, accepting the subject agreement and security and ordering the maintenance annexations and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS DRC2001-00437, located at the northeast comer of Haven Avenue and Town Center Drive, was approved by the Planning Commission on January 23, 2002 for the development of a new 3,946 square foot service station with a convenience market, drive-thru car wash and 8 pump gasoline island. The Developer, Exxon Mobil Oil Corporation, is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance $70,700.00 Labor and Material $35,350.00 CITY COUNCIL STAFF REPORT DRC2001-00437 November 5, 2003 Page 2 Copies of the agreement and security are available in the City Clerk's Office Letters of approval have been received from Cucamonga County Water District. The Consent and Waiver to Annexation form signed by the Developer is on file in the City Clerk's office. Respectfully submitted, W'illi~m J. O'Neil City Engineer WJO:JS:dlw Attachment 177 '~CHUR CH ~ ~5' ~T ~S~UM~ 9I-2~ O~ RE~ 7/5/9I ~ :., ,~. "::: ~',~?-.-*: ~'~'"'; ~95~ - ~ ~-. ,-~ ~ , ~' . NO. DELTA RADI~ I LENOTH 1 TANG~T f ~ ~ .--.....~ ,~ OR~E~ M, ~A DWG, HO. 2292~ ~G LOT ~NE ~ = N~ LOTUNE ........ ~M~ UNE ~c. ~: ^ ~son~nON o~ ~:~ crr¥ co~c~ o~'r~ crr¥ OF RANCHO CUCAMONGA APPROVING, ~V~PROVEmNT AGR,~M~NT AM mPROVEmN* SECURITY FOR DRC2001-00437 WHEREAS, DRC2001-00437 submitted by Exxon Mobil Oil consisting of a service station, convenience market and drive-thru car wash located on the northeast coruer of Haven Avenue and Town Center Drive was approved by the Planning Commission of the City of Rancho Cucamonga on January 23, 2002 and is in compliance with the Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, all of the requirements established as prerequisite to approval of the commemial site by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Exxon Mobil Oil. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest, is hereby approved. RESOLUTION NO. O~ '" e~ ~'~ A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO.4 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 4 FOR DRC2001-00437 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 4, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 4 (referred to collectively as the "Maintenance Districts"); and WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landscaping and Lighting Act of 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article xmD") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the 'Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. DRC2001-00437 November 5, 2003 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XIlID applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are all tree and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: All future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: EXXON MOBIL OIL CORPORATION The legal description of the Property is: TRACT NO. 2202 THAT PORTION OF LOT 1 AND AI.I. OF LOT 2 AND A PORTION OF SECTION 1 TOWNSI-IIP 1 SOUTH RANGE 7 WEST LYING NORTH OF TOWN CENTER DR1VE DESCRIBED AS COMMENCING AT SOUTHWEST CORNER OF SAID SECTION 1; THENCE NORTHERLY ALONG WEST LINE THEREOF 1675.18 FEET; THENCE NORTH 89 DEG. 51 MIN. 27 SECONDS EAST 760.62 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE TO SOUTHWEST HAVING A RADIUS OF 756 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A C/A OF 90 DEG. 01 IvlIN. 33 SECONDS AN ARC DISTANCE OF 1187.86 FEET; THENCE SOUTH 0 DEG. 07 MIN. 00 SECONDS EAST 918.84 FEET TO A POINT IN SOUTH LINE OF SAID SOUTHEAST CORNER 1516.96 FEET TO A POINT OF BEGINNING EXCEPT RAILROAD RIGHT OF WAY AND EXCEPT WESTERLY 101 FEET OF STREET AND EXCEPT SOUTHERLY 30 FEET OF STREET AND EXCEPT STREET 11-9-88 #88-379574 AND EXCEPT ANY PORTION LYING WITHIN PARCEL MAP 9897. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit B To Description of the District Improvements Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO. 4 ((TERRA VISTA PLANNED COMMUNITY) Landscape Maintenance District No. 4 (LMD #4) represents landscape sites throughout the Terra Vista Planned Community. These sites are considered to be associated with areas within that district and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that district. Because of this, assessments required for this district are charged to those parcels within that district. The various landscape sites in Terra Vista that are maintained by the district consist of parkways, median islands, street trees, paseos and parks. The 36.23 acres of park consist of Coyote Canyon Park, Milliken Park and West Greenway Park. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD #1)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY) Street Light Maintenance District No. 4 (SLD #4) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Terra Vista Planned Community. Generally, this area encompasses the residential area of the City east of Haven Avenue, south of Base Line Road, north of Foothill Boulevard and west of Rochester Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of street lights on local streets and traffic signals (or a portion thereof) on local streets within the Terra Vista Planned Community. Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: DRC2001-00437 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 1 ......... SLD # 4 ............... Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA LMD # 4 ...... 194 15 *Existing items installed with original project Assessment Units by District Parcel 1.39 Acres S 1 S 4 L4 Exhibit C Proposed Annual Assessment Fiscal Year 2003/2004 LANDSCAPE MAINTENANCE DISTRICT NO.4 (TERRA VISTA PLANNED COMMUNITY): The rate per assessment unit (A.U.) will not be increased in fiscal year 2003/04: The following table summarizes the assessment rate for Landscape Maintenance District No. 4 (Terra Vista Planned Community): , # of Physical # of Rate Per Units Assessment Assessment Assessment Land Use Type Units Factor Units Unit Revenue Single Family Parcel 2653 1.0 2653 $252.50 $669,882.50 Multi-Family Unit 3202 1.0 3202 $222.00 $614,718.00 Commercial Acre 277.86 1.0 227.86 $382.99 $87,268.13 TOTAL $1,467,994.60 The Proposed Annual Assessment against the Property (DRC2001-00437) is: 1.39 Acres x 1.0 A.U. Factor x $382.99 Rate Per A.U. = $532.36 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rote per assessment unit (A.U.) is $17.77 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment 1 .and l~'se lInil Tyne I Init~ Ilnit~ Factnr l Inits llnir Revenue Single Family parcel 21,151 1.00 21,151 $17.77 $375,853.27 Multi- Unit 8,540 1.00 8,540 $17.77 $151,755.80 Family Commercial Acre 2,380.36 2.00 4,760.72 $17.77 $84,597.99 TOTAL $612,207.06 The Proposed Annual Assessment against the Property (DRC2001-00437) is: 1.39 Acres x 2 A.U. Factor x $17.77 Rate Per A.U. = $49.40 Annual Assessment C-1 /~5 STREET LIGHT MAINTENANCE DISTRICT NO. 4 (TERRA VISTA PLANNED COMMUNITY): The rate per assessment unit (A.U.) is $28.96 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 4 (Terra Vista Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment l.and l]'~e Ilnit Tyne l}'nit~ lTnit~ D'actnr II'nlt~ lTnit Revenue Multi- Unit 5581 .05 2790.50 $28.96 $80,812.88 Family Single Family Parcel 2653 1.00 2653 $~8.96 $76,830.88 Commercial Acre 227.86 2.00 455.72 $28.96 $13,197.65 TOTAL $170,84-1.41 The Proposed Annual Assessment against the Property is: 1.39 Acre x 2 A.U. Factor x $28.96 Rate Per A.U. = $80.51 Annual Assessment R A N C H O C U C A M O N G A ]~NGIN ~I~I~ING D~Pfl~TM~NT Staff Report DATE: November 5, 2003 TO:. Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECT: APPROVAL OF MAP, IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, ORDERING THE ANNEXATION TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT NO. 16373 LOCATED ON THE NORTHWEST CORNER OF VICTORIA PARK LANE AND CHURCH STREET SUBMITTED BY GREYSTONE HOIVIES, INC., A DELAWARE CORP. - APN: 227- 171-32 RECOMMENDATION It is recommended that City Council adopt the attached resolutions approving Tract No. 16373 accepting the subject agreement and security, ordering the maintenance annexations and authorizing the Mayor and the City Clerk to sign said agreement. BACKGROUND/ANALYSIS Tract No. 16373 (Phased Tract of Tentative Tract No. 15974) located on the southwest corner of Victoria Park Lane and Base Line Road was approved by the Planning Commission on March 7, 2001 for the development of 555 single family lots. Tract No. 16373 allows for the construction of 70 single family residences. The Developer, Greystone Homes, Inc., is submitting an agreement and security to guarantee the construction of the off-site improvements in the following amounts: Faithful Performance Bond $776,800.00 Labor and Material Bond: $388,400.00 Copies of the agreement and security are available in the City Clerk's Office Re ~'ff,~lly submitted, · W~lia[~J. 0 Neil, 12ity-Engineer WJ(W'AIw Attachment TRACT NO. 15948 - 15947 40. © TENTATIVE PARCEL MAP NO. 15716 ~AJ~ FOR~ ,5~t sz~,n~tam P~.CtmC Ho~ ] ~ TRACT INDEX WITH PLANNING AREAS ~~; ,.~-~C'] --'~ VICTORIA ARBORS mo~.~o~ .... ~, ~ - ~ ~ T T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TRACT MAP NUMBER 16373, IMPROVEM]ENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Tract Map 16373 (Phased Tract of Tentative Tract No. 15974), submitted by Greystone Homes, Inc., and consisting of 70 single family lots located on the southwest comer of Victoria Park Lane and Base Line Road, was approved by the Planning Commission of the City of Rancho Cucamonga, on March 7, 2001, and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, Tract Map No. 16373 is the final map of the division of land approved as shown on said Tentative Tract Map No. 15974; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an Improvement Agreement guaranteed by acceptable Improvement Security by Greystone Homes, Inc., as developer; and WHEREAS, said Developer submits for approval said Tract Map offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that said Improvement Agreement and said Improvement Security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that the offers for dedication, easements and the final map delineating the same for said Tract Map No. 16373 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 2 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 3 FOR TRACT 16373 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special maintenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code'of the State of California, said special maintenance digtrie~t knoWn and.d, esign, ated as Landscape Maintenance District No. 2, Street Lighting Maintena, ce District No. 1 and Street3Li ~ ~ghtj~g_n Maintenance District No. 3 (refdrred to collectively as the 'Maintenance Districts' ), and ~ ~ pi~l~~-g~A c~of~'-- WHEREAS, the provisions of Article 2 of Chapter 2 of the "Landsca 1972" authorize the annexation of additional territory to the Maintenance Districts; and WHEREAS, such provisions also provide that the requirement for the preparation resolutions, an assessment engineer's report, notices of public hearing and the right of majority protest may be waived in writing with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, notwithstanding that such provisions of the 1972 Act related to the annexation of territory to the Maintenance District, Article XIIID of the Constitution of the State of California ("Article XlllD") establishes certain procedural requirements for the authorization to levy assessments which apply to the levy of annual assessments for the Maintenance Districts on the territory proposed to be annexed to such districts; and WHEREAS, the owners of certain property described in Exhibit A attached hereto and incorporated herein by this reference have requested that such property (collectively, the "Territory") be annexed to the Maintenance Districts in order to provide for the levy of annual assessments'to finance the maintenance of certain improvements described in Exhibit B hereto (the "Improvements"); and WHEREAS, all of the owners of the Territory have filed with the City Clerk duly executed forms entitled "Consent And Waiver To Annexation Of Certain Real Property To A Maintenance District And Approval Of The Levy Of Assessments On Such Real Property" (the "Consent and Waiver"); and WHEREAS, by such Consent and Waiver, all of the owners of the Territory have expressly waived any and all of the procedural requirements as prescribed in the 1972 Act to the annexation of the Territory to the Maintenance Districts and have expressly consented to the annexation of the Territory to the Maintenance Districts; and RESOLUTION NO. TRACT 16373 November 5, 2003 Page 2 WHEREAS, by such Consent and Waiver, all of the owners of the Territory have also expressly waived any and all of the procedural requirements as prescribed in the 1972 Act and/or Article XII1D applicable to the authorization to the levy the proposed annual assessment against the Territory set forth in Exhibit B attached hereto and incorporated herein by this reference and have declared support for, consent to and approval of the authorization of levy such proposed annual assessment set forth in Exhibit C attached hereto; and WHEREAS, at this time the City Council desires to order the annexation of the Territory to the Maintenance Districts and to authorize the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit C hereto. · '- ' ' ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES AS FOLLOWS: SECTION 1: That the above recitals are ail true and correct. SECTION 2: The City Council hereby finds and determines that: a. The annual assessments proposed to be levied on each parcel in the Territory do not exceed the reasonable cost of the proportional special benefit conferred on each such parcel from the Improvements. b. The proportional special benefit derived by each parcel in the Territory from the Improvements has been determined in relationship to the entirety of the cost of the maintenance of the Improvement. c. Only special benefits will be assessed on the Territory by the levy of the proposed annual assessments. SECTION 3: This legislative body hereby orders the annexation of the Territory to the Maintenance Districts, approves the financing of the maintenance of the Improvements from the proceeds of annual assessments to be levied against the Territory and approves and orders the levy of annual assessments against the Territory in amounts not to exceed the amounts set forth in Exhibit B. SECTION 4: AIl future proceedings of the Maintenance Districts, including the levy of all assessments, shall be applicable to the Territory. Exhibit A Identification of the Owner and Description of the Property To Be Annexed The Owner of the Property is: GREYSTONE HOMES, INC. A DELAWARE CORP. The legal description of the Property is: PARCELS 8, 9AND 11 OF PARCEL MAP 15641, AS PER MAP ON FII~E IN BOOK 192 PAGES 93 TO 100 OF PARCEL MAPS, SAN BERNARDINO COUNTY RECORDS. The above-described parcels are shown on sheet A-2 attached herewith and by this reference made a part hereof. Exhibit B To Description of the District Improvements Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) Landscape Maintenance District No. 2 (LMD #2) represents landscape sites throughout the Victoria Planned Community. These sites are associated with areas within Victoria and as such any benefit derived from the landscape installation can be directly attributed to those parcels within that community. Because of this, assessments required for this district are charged to those parcels within that planned community. The sites maintained by the district consist of parkways, median islands, street trees, paseos, community trails and parks. The 32.37 acres of parks in Victoria consist of Kenyon Park, Victoria Groves Park, Vintage Park, Windrows Park and Ellena ParkTown Park, Church Street Park, Golden Oaks Park and the Rancho Cucamonga Senior Center. STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): Street Light Maintenance District No. 1 (SLD gl)) is used to fund the maintenance and/or installation of street lights and traffic signals located on arterial streets throughout the City. The facilities within this district, being located on arterial streets, have been determined to benefit the City as a whole on an equal basis and as such those costs associated with the maintenance and/or installation of the facilities is assigned to the City-wide district. The sites maintained by the district consist of street lights on arterial streets and traffic signals on arterial streets within the rights-of-way or designated easements of streets dedicated to the City. STREET LIGHT MAINTENANCE DISTRICT NO. 3 (VICTORIA PLANNED COMMUNITY) Street Light Maintenance District No. 3 (SLD/43) is used to fund the maintenance and/or installation of street lights and traffic signals located within the Victoria Planned Community. Generally, this area encompasses the area of the City east of Deer Creek Channel, south of Highland Avenue, north of Base Line Road, and west of Etiwanda Avenue. It has been determined that the facilities in this district benefit the properties within this area of the City. This sites maintained by the district consist of streetlights on local streets and traffic signals (or a portion thereof) on local streets within the Victoria Planned Community. B-1 /93 Proposed additions to Work Program (Fiscal Year 2003/2004) For Project: Tract 16371 Number of Lamps Street Lights 5800L 9500L 16,000L 22,000L 27,500L SLD# 1 --- 3 ......... SLD # 2 8 ............ Community Trail Turf Non-Turf Trees Landscaping DGSF SF SF EA L! ......... *Existing items installed with original project B-2 lq¢ Exhibit C Proposed Annual Assessment Fiscal Year 2002/2003 LANDSCAPE MAINTENANCE DISTRICT NO. 2 (VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $422.00 for the fiscal year 2003/04. The following table summarizes thc assessment rate for Landscape Maintenance District No. 2 (Victoria Planned Community): # of Physical Assessment # of Rate Per Units Units Factor Assessment Assessment Land Use Type Units Unit Revenue Single Family Parcel 5060 1.00 5060 $422.00 $2,177,520.00 Multi- Parcel 124 1.00 124 $422.00 $52,328.00 Family Comm/Ind. Acre 44.18 2.00 88.36 $422.00 $37,287.92 Vacant Acre 337.97 0.25 84.4925 $422.00 $35,655.84 TOTAL $2,302,791.76 The Proposed Annual Assessment against the Property (TR 16373 is: 70 Parcels x 1 A.U. Factor x $422.00 Rate Per A.U. = $29,540.00 Annual Assessment STREET LIGHT MAINTENANCE DISTRICT NO. 1 (ARTERIAL STREETS): The rate per assessment unit (A.U.)is $17.77 for the fiscal year 2002/03. The following table summarizes the assessment rate for Street Light Maintenance District No. 1 (Arterial Streets): # of # of Rate Per Physical Physical Assessment Assessment Assessment T.and IT~e Unit Tx, ne lTnit~ TTnit~ Factor lInlt~ TInit Revenue Single Family Parcel 19,803 1.00 19,803 $17.77 $351,899.31 Multi- Unit 7,402 1.00 7,402 $17.77 $131,533.54 Family Commercial Acre 2,288.82 2.00 4,577.64 $17.77 $81,344.66 TOTAL $564,777.51 The Proposed Annual Assessment against the Property (TR 16373) is: 70 Parcels x 1 A.U. Factor x $17.77 Rate Per A.U. = $1,243.90 Annual Assessment Exhibit C (Continued) STREET LIGHT MAINTENANCE DISTRICT NO. 3(VICTORIA PLANNED COMMUNITY) The rate per assessment unit (A.U.) is $47.15 for the fiscal year 2003/04. The following table summarizes the assessment rate for Street Light Maintenance District No. 3 (Victoria Planned Community): # of # of Rate Per Physical Physical Assessment Assessment Assessment I,and lT~e llnit Tyne llnil~ lInit~ Factor 1/nit~ l/nit Revenne Single Parcel 5160 1.00 5160 $47.15 $243,294.00 Family Multi- Unit 124 1.00 124 $47.15 $5,846.60 Family Commercial Acre 44.18 2.00 88.36 $47.15 $4,166.17 Vacant 10.95 2.0 21.90 $47.15 $1,032.59 TOTAL $254,339.36 The Proposed Annual Assessment against the Property (TR 16373) is: 70 Parcels x 1 A.U. Factor x $47.15 Rate Per A.U. = $3,300.50 Annual Assessment CERTIFICATE OF SUFFICIENCY CONSENT AND WAIVER TO ANNEXATION FOR TRACT 16373 LANDSCAPE MAINTENANCE DISTRICT NO. 2, STREET LIGHTING MAINTENANCE DISTRICT NO. 1 AND STREET LIGHTING MAINTENANCE DISTRICT NO. 3 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF RANCHO CUCAMONGA WILLIAM J. O"NElL, the undersigned, hereby certifies as follows: That I am the CITY ENGINEER of the CITY OF RANCHO CUCAMONGA, CALIFORNIA. That on the 29t~ day of October 2003, I reviewed a Consent and Waiver to Annexation pertaining to the annexation of 6ertain property to the Maintenance District, a dopy of which is on file in the Office of the City Clerk. That I caused said Consent and Waiver to Annexation to be examined and my examination revealed that said Consent and Waiver to Annexation has been signed by the owners of all of the property within the temtory proposed to be annexed to the Maintenance District. That said Consent and Waiver to Annexation meets the requirements of Section 22608.1 of the Streets and Highways Code of the State of California. EXECUTED this 29th day of October 2003, at Rancho Cucamonga, California. CITY ENGINEER CITY OF RANCHO CUCAMONGA STATE OF CALIFORNIA /97 R ^ N C H O C U C ^ M O N G A ENGINEERING DEPARTMENT Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Karen McGuire-Emery, Senior Park Plan~ RiChard Oaxaca, Engineering Technician ~ SUBJECT: ACCEPT THE BERYL PARK TOT LOT AND IRRIGATION RENOVATION PROJECT, CONTRACT NO. 02-041 AS COMPLETE, APPROVAL TO APPROPRIATE $41,223.18 TO ACCOUNT NO. 11203055650/1204120-0 FROM PARK DEVELOPMENT FUND BALANCE, RETAIN THE FAITHFUL PERFORMANCE BOND AS A GUARANTEE BOND, RELEASE LABOR AND MATERIAL BOND AND AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $561,223.18 RECOMMENDATION: It is recommended that the City Council Accept the Beryl Park Tot Lot and Irrigation Renovation Project, Contract No. 02-041, as complete, approval to appropriate $41,223.18 to Account No. 11203055650/1204120-0 from Park Development fund balance, authorize the City Engineer to file a Notice of Completion, retain the Faithful Performance Bond as a guarantee bond for one year, authorize the release of the Labor and Materials Bond in the amount of $487,239.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $56,122.32, 35 days after acceptance. Also, approve the final contract amount of $561,223.18. BACKGROUND/ANALYSIS: The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The final contract amount, based on project documentation, is $561,223.18, which included two contract change orders resulting in a change in the original contract amount of 15.18%. These changes included the addition of sleeves in the parking lot for future irrigation modifications prior to paving; CITY COUNCIL STAFF REPORT ACCEPT BERYL PARK TOT LOT AND IRRIGATION RENOVATION PROJECT November 5, 2003 Page 2 new lighting in the restroom building; the addition of a retaining wall and guard rails to redirect nuisance water and provide a safety barrier in front of the existing electrical panel; and the replacement of a dilapidated wood gate with a new metal drive gate accessing the Metropolitan Water District right of way. The original amount approved by Council was $520,000.00. Respectfully submitted, City Engineer WJO:KME/RO:Is Attachments RESOLU ,ON NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE BERYL PARK TOT LOT AND IRRIGATION RENOVATION PROJECT, CONTRACT NO. 02-041 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Beryl Park Tot Lot and Irrigation Renovation Project, Contract No. 02-041, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required 1o be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Dan James, Senior Civil Engineer SUBJECT: APPROVAL OF A RESOLUTION ORDERING TO BE VACATED REMAINING PORTIONS OF TWO ALLEYS AND DISPOSITION OF A PORTION OF CITY OWNED PROPERTY, GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA, SUBMITTED BY NORTHTOWN HOUSING DEVELOPMENT COMPANY (V-195) RECOMMENDATION: It is recommended that the City Council adopt the attached resolutions ordering the vacation of portions of two alleys and approving the disposition of a podion of City owned property, generally within the Northtown Area, located on the south side of Feron Boulevard, west of Hermosa Avenue and authorize the Mayor and the City Clerk to sign said resolutions. BACKGROUND/ANALYSIS: Northtown Housing Development Company (NTHDC) is currently processing DRC 2003-00328 for the construction of a parking lot expansion for the Northtown Community Center. In conjunction with this processing, NTHDC has requested the vacation of the remaining adjoining alleys that are contiguous to the proposed parking lot. In 2000, two other adjoining alleys were vacated V-161 (Exhibit "E") for the existing Northtown Community Center parking lot area. The remaining 2 alleys they are requesting to be vacated are dirt, and unimproved to City standards. The alleys are not being used for access by adjacent properties as there are no visible openings from the CiTY COUNCIL STAFF REPORT V-195 - NORTHTOWN HOUSING DEVELOPMENT COMPANY November 5, 2003 Page 2 adjoining properties. Basically, these alleys are just "paper" alleys that were created with the original North Cucamonga Subdivision and are not needed for public use. Utility companies, other agencies, and various City Divisions have been notified of the proposed vacation and were asked for comments. There were no objections to the vacation from any of the groups notified. However, easements for various utilities will be reserved. All the affected and adjacent property owners, have been notified by mail of the proposed vacation and public hearing. The owners, mailing names and addresses were taken from the County Tax Assessor's latest equalized assessment rolls. Northtown Housing Development Corporation is the property owner of all of the lots adjoining the alleys, except for the most southerly parcel adjacent to Main Street, and are requesting that the remaining portions of the City owned alley be incorporated to their properties through a quitclaim process and concurrently proceed with lot line adjustments. The alleys were dedicated on the Map of the Town of West Cucamonga, as recorded in book 13, Pages 1 and 2 of Maps. Through these proceedings, the property owners would obtain said portions of City owned alleys and the use the land would pass by operation of law, upon the vacation and conveyance thereof. The existing CCWD and SCE utility easements are to be reserved. The vacation is consistent with the goals and objectives of the circulation element of the General Plan. The alleys in this area of the City are also not included or required as "community travel routes" of the General Plan. On September 24, 2003 the Planning Commission determined the vacation conforms to the General Plan and recommended the vacation occur. On October 15, 2003, the City Council passed Resolution 03-260 declaring its intention to vacate said portions of alleys and set the date of November 5, 2003, at 7:00 p.m. in the Cucamonga County Water District Boardroom 10440 Ashford Street, Rancho Cucamonga as the time and place for hearing all persons objecting to the proposed vacation. Respectfully Submitted, Will~am J. O Nell City Engineer WJO:DJ:dlw Attachments RESOLUTION NO. ~).~ '~5 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED THOSE PORTIONS OF CITY STREETS (ALLEYS) GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE WHEREAS, by Resolution No. 03-260, passed on October 15, 2003, the Council of the City of Rancho Cucamonga declared its intention to vacate those portions of City streets hereinafter more particularly described and set the hour of 7:00 p.m. on November 5, 2003, in the Cucamonga County Water district Boardroom located at 10400 Ashford Street, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council hereby finds all the evidence submitted that those portions of City streets (alleys), generally within the Northtown Area, located on the south side of Feron Boulevard, west of Hermosa Avenue are unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating those portions of said City streets as shown on Map No. V-195 on file in the office of the Clerk of the City of Rancho Cucamonga, which has been further described in the legal descriptions which are attached hereto,' marked Exhibits "A" and "B", and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said portions of City alleys no longer constitute a street. SECTION 3: That the subject vacation shall be subject to the reservation and exceptions, if any, for existing utilities and drainage rights on record. SECTION 4: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 5: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in rome. EXHIBIT "A" LEGAL DESCRIPTION ALLEY VACATION THOSE PORTIONS OF BLOCK 5 OF THE MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED 1N BOOK 13 OF MAPS, PAGES 1 AND 2, RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE WESTERLY 20.00 FEET OF THE EASTERLY 155.00 FEET OF BLOCK 5 OF MAP OF THE TOWN OF WEST CUCAMONGA, AS KECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY, WHICH LIES WITHIN LOTS 42 AND 43 OF SAID BLOCK 5 AS DESCRIBED IN GRANT DEED RECORDED IN BOOK 4712 PAGE 324 OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. TOGETHER WITH THE UNDERLYING FEE TITLE IN AND TO THAT PORTION OF THE SOUTH 1/2 OF THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING NORTHERLY OF AND ADJACENT TO SAID WESTERLY 20.00 FEET OF THE EASTERLY 155 FEET OF BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. CONTAINS 3,403 SQUARE FEET PARCEL 2: THE UNDERLYING FEE TITLE IN AND TO THE NORTH 1/2 OF THE EASTERLY 135 FEET OF THAT PORTION THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING SOUTHERLY OF AND ADJACENT TO LOTS 1 THROUGH 6 OF SAID BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. CONTAINS 1,350 SQUARE FEET PARCEL 3: THE UNDERLYING FEE TITLE IN AND TO THAT PORTION OF THE NORTH 1/2 OF THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. Page 1 of 2 pages D:\60042\LEGALS~alley vacation BLK 05doc LYING SOUTHERLY OF AND ADJACENT TO LOTS 6 AND 7 OF SAID BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. EXCEPTING THEREFROM ANY PORTION LYING WITH1N THE EASTERLY 135 FEET OF SAID ALLEY. ALSO EXCEPTING THEREFROM THAT PORTION PREVIOUSLY VACATED BY RESOLUTION NO. 99-106, OF THE CITY OF RANCHO CUCAMONGA, RECORDED MARCH 22, 2000 AS INSTRUMENT NO. 2000-96332, OFFICIAL RECORDS. CONTAINS 200 SQUARE FEET PARCEL 4: THE UNDERLYING FEE TITLE IN AND TO THE SOUTH 1/2 OF THE EASTERLY 135 FEET OF THAT PORTION OF THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING NORTHERLY OF AND ADJACENT TO LOTS 43 TO 48 OF SAID BLOCK 5 WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. CONTAINS 1,350 SQUARE FEET AND AS SHOWN ON EXHIBIT 'B' ATTACHED HERETO AND MADE A PART HEREOF. STEPHEN H. HACKETT, PLS 5129 DATE MY REGISTRATION EXPIRES: JUNE 30,2007 X/-I c:t..%- Page 2 of 2 pages, D:\60042\LEGALS\aIley vacation BLK 05.doc ~- N89'50' ! O 'W -~ 209-085-21 _~ __~_. ~ .... ~ ~ ~ ~8~'50 ~ ~55.0~ 20.00'~ >"~<~'~'" ' '~ ~ "' '"'~ ~'~':':' ~ ~, ~, , . ~-20.00' ~ ~ ~ ~ ~ H89 ~0 0~ ~ U~DE~ROU~D O~MTIES ~ ~'~' ~ '~ 0" OR PARCELS 2 AND 4 PARCEL I J~" ~ 209-085-10 PAROELS I AND 3 ~/ ~ 2o. 0o'~ ~ ~ ~ - ~ 12 ~ 17 ~ 16 INOI~S PROPOSED A~L~ VA~DON EXHIBIT NOR THTO ~ ~DE VEL OPMENT '[ .-~--FERON i I I I I : MAIN i I CITY OF ITEM: ~.' RANCHO CUCAMONGA TITLE: ~q ENGINEERING._DMSION EXHIBIT: 209-085- !0 '" , (~o') I,~5.00' CITY OF ITEM: N~ RANCHO CUCAMONGA TITLE: ~ ENGINEERING DMSION EXHIBIT: RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEEDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "E" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THERE~N A. Recitals. (i) The City of Rancho Cucamonga has a fee interest in that certain portion of a City-owned alleys generally the Northtown area, located on the south side of Feron Boulevard, west of Hermosa Avenue in the City of Rancho Cucamonga, County of San Bernardino, California, County of San Bemardino, California, and hereinafter referred to in this Resolution as "said property." A full, true and complete description of said property is set forth in that copy of deeds attached hereto as Exhibit "A" and by this reference set forth herein. (ii) California Government Code Section 37350 provides as follows: "A City may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit." (iii) California Government Code Section 37351 provides in pertinent part, as follows: The legislative body (City Council) may.., dispose of, and convey such property for the benefit of the City..." (iv) The Planning Commission of the City of Rancho Cucamonga heretofore made the findings on September 24, 2003, that disposing of said portion of City-owned property, as herein contemplated, would be in conformity with the General Plan of the City of Rancho Cucamonga. (v) Said portion of City-owned property was granted to the City of Rancho Cucamonga through a Grant Deed for alley purposes for which it was granted. (vi) Said property constitutes a burden on the City of Rancho Cucamonga and is no longer necessary or convenient for the purposes for which it was granted. CITY COUNCIL RESOLUTION NO. V-195 - NORTHTOWN ALLEYS November 5, 2003 Page 2 (vii) Conveyance of said property will further the use of said property and benefit the City of Rancho Cucamonga by deletion of a necessity to maintain said properly. (viii) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. All facts stated the Recitals, Part A., of this Resolution hereby are found to be true and correct. 2. This Council hereby finds that the quitclaiming of said property to the persons described in said deeds will benefit the City of Rancho Cucamonga. 3. The Mayor and City Clerk hereby are authorized and directed to execute the deeds, a full, true and correct copy of which is attached hereto as Exhibit "E", and cause the same to be recorded forthwith upon adoption of this Resolution. 4. The City Clerk shall certify to the adoption of this Resolution. EXHIBIT "A" LEGAL DESCRIPTION (Areas To Be Quitclaimed) THOSE PORTIONS OF BLOCK 5 OF THE MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13 OF MAPS, PAGES 1 AND 2, RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE WESTERLY 20.00 FEET OF THE EASTERLY 155.00 FEET OF BLOCK 5 OF MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOt~ 13, PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY, WHICH LIES WITHIN LOTS 42 AND 43 OF SAID BLOCK 5 AS DESCRIBED IN GRANT DEED RECORDED IN BOOK 4712 PAGE 324 OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. TOGETHER WITH THE UNDERLYING FEE TITLE IN AND TO THAT PORTION OF THE 20 FOOT WIDE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES I AND 2 OF MAPS. LYING NORTHERLY OF AND ADJACENT TO SAID WESTERLY 20.00 FEET OF THE EASTERLY 155 FEET OF BLOCK 5, WHICH WOULD PASS BY QPERATION OF LAW UPON THE VACATION THEREOF. 209--085-2 ALL OF P~ELS 5, / CITY OF ITEM: RANCHO CUCAMONGA TITLE: g~a;~Ema ~S;ON E~IBIT: Assessor Parcel No.: 209-085-08 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO DOCUMENT TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Name: OR COMPUTED ON FULL VALUE LESS LIENS AND Street: ENCUMBRANCES REMAINING AT TIME OF SALE Address: City & State Signature of Declarant or Agent determining tax. Firm Name CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to NORTHTOWN HOUSING DEVELOPMENT COMPANY that certain real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". ACCEPTED: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Date: William J. Alexander, Mayor Attest: Debbie Adams, City Clerk ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) EXHIBIT "E" EXHIBIT "A" LEGAL DESCRIPTION (Parcels To Be Quitclaimed) PARCEL 4: THE UNDERLYING FEE TITLE IN AND TO THE SOUTH V2 OF THE EASTERLY 135 FEET OF THAT PORTION OF THE AI.I.EY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING NORTHERLY OF AND ADJACENT TO LOTS 43 TO 48 OF SAID BLOCK 5 WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. CONTAINS 1,350 SQUARE FEET PARCEL 7: THE NORTHERLY 50 FEET OF THAT PORTION OF THE WESTERLY 20.000 FEET OF THE EASTERLY 155.00 FEET OF BLOCK 5 OF MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY, WHICH LIES WITHIN LOTS 42 AND 43 OF SAID BLOCK 5 AS DESCRIBED IN GRANT DEED RECORDED IN BOOK 4712 PAGE 324 OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA. TOGETHER WITH THE UNDERLYING FEE TITLE IN AND TO THAT PORTION OF THE SOUTH ½ OF THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING NORTHERLY OF AND ADJACENT TO SAID WESTERLY 20.00 FEET OF THE EASTERLY 155 FEET OF BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. CONTAINS 1,200 SQUARE FEET AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 209-0~5~2 ! , 209-085-25 .......... ~.~o' CITYOF ITEM: V- Iq_~ RANCHO CUCAMONGA TIT_LE: ~E/~ t ~E/.$ ~r~a~EmN~ D~qSlON EXHIBIT: [~" Assessor Parcel No.: 209-085-09 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACEABOVETH~SLIN/FORREOORDER'SUSE MAIL TAX STATEMENTS TO DOCUMENT TRANSFER TAX $ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Name: OR COMPUTED ON FULL VALUE LESS LIENS AND Street: ENCUMBRANCES REMAINING AT TIME OF SALE Address: City & State Signature of Declarant or Agent determining tax Firm Name CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of Califomia hereby REMISES, RELEASES AND QUITCLAIMS to NORTHTOWN HOUSING DEVELOPMENT COMPANY that certain real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". ACCEPTED: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Date: William J. Alexander, Mayor Attest: Debbie Adams, City Clerk ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) EXHIBIT "E" >/? EXHIBIT "A" LEGAL DESCRIPTION (Parcels To Be Quitclaimed) PARCEL 6: THE SOUTHERLY 50 FEET OF THE NORTHERLY 100 FEET OF THAT PORTION OF THE WESTERLY 20.00 FEET OF THE EASTERLY 155.00 FEET OF BLOCK 5 OF MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES i AND 2 OF MAPS, RECORDS OF SAD COUNTY, WHICH LIES WITHIN LOTS 42 AND 43 OF SAID BLOCK 5 AS DESCRIBED IN GRANT DEED RECORDED IN BOOK 4712 PAGE 324 OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. CONTAINS 1,000 SQUARE FEET AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 20~--08~-21 209--085-25 - PARCEl ~ ~ 209-085--I0 PARCEL 5- i i AL~ OF P~EL$ ~ 2~ O0 ~NCHO CUCAMONGA T~LE: Assessor Parcel No.: 209-085-24 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACEABOVETHIS L~NEFOR RECORDER'S USE MAIL TAX STATEMENTS TO DOCUMENT TRANSFER TAX $ __ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Name: OR COMPUTED ON FULL VALUE LESS LIENS AND Street: -- Address: ENCUMBRANCES REMAINING AT TIME OF SALE City & State Signature of Declarant or Agent determining tax. Firm Nam~ CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to NORTHTOWN HOUSING DEVELOPMENT COMPANY that certain real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". ACCEPTED: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Date: William J. Alexander, Mayor Attest: Debbie Adams, City Clerk ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) EXHIBIT "E" EXHIBIT "A" LEGAL DESCRIPTION (Parcels To Be Quitclaimed) PARCEL 3: THE UNDERLYING FEE TITLE IN AND TO THAT PORTION OF THE NORTH ½ OF THE ALLEY RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING SOUTHERLY OF AND ADJACENT TO LOTS 6 AND 7 OF SAID BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW UPON THE VACATION THEREOF. EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE EASTERLY I35 FEET OF SAID ALLEY. ALSO EXCEPTING THEREFROM THAT PORTION PREVIOUSLY VACATED BY RESOLUTION NO. 99-106, OF THE CITY OF RANCHO CUCAMONGA, RECORDED MARCH 22, 2000 AS INSTRUMENT NO. 2000-96332, OFFICIAL RECORDS. CONTAINS 200 SQUARE FEET AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. P~QEL 1 ~ 209-0~-08 ALL OF P~LS ~ e~o7 ~ ~ 20.00 209~-085 ~////: INDICATES PARCELS TO BE QUIT CLAIMED CITY OF ITEM:. ~/' _RANCHO CUCAMONGA TITLE:/l~fA~ tNa~Ea~a ~smN E~IBIT: Assessor Parcel No.: 209-085-25 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAlL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACE ABOVE THIS LINE FOR RECORD/R'S USE MAIL TAX STATEMENTS TO DOCUMENT TRANSFER TAX $ __ COMPUTED ON FULL VALUE OF PROPERTY CONVEYED Name: __ OR COMPUTED ON FULL VALUE LESS LIENS AND Street: ENCUMBRANCES REMAINING AT TIME OF SALE Cib/& CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to NORTHTOWN HOUSING DEVELOPMENT COMPANY that certain real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". A C C EPTED: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Date: William J. Alexander, Mayor Attest: Debbie Adams, City Clerk ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) EXHIBIT "E" EXHIBIT "A" LEGAL DESCRIPTION (Parcels To Be Quitclaimed) PARCEL 2: THE UNDERLYING FEE TITLE IN AND TO THE NORTH V2 OF THE EASTERLY 135 FEET OF THAT PORTION OF Al J ~Ey RUNNING EAST AND WEST THROUGH BLOCK 5 OF MAPS OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS. LYING SOUTHERLY OF AND ADJACENT TO LOTS 1 THROUGH 6 OF SAID BLOCK 5, WHICH WOULD PASS BY OPERATION OF LAW LrpoN THE VACATION THEREOF. CONTAINS 1,203 SQUARE FEET AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 20~-085-2 ! ! ! ~ (409(407 NO~' PARC~ t INOLU~ ALL OF PA~EgS ~ gO. O0 ~//~/////'~ INDICATES PARCELS TO BE QUIT CLAIMED CITY OF ITEM: RANCHO CUCAMONGA TITLE: Assessor Parcel No.: 209-085-10 RECORDING REQUESTED BY City of Rancho Cucamonga WHEN RECORDED MAIL TO City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, CA 91730 SPACEABOVETHISLINE FOR RECORDER'S USE MAIL TAX STATEMENTS TO DOCUMENT TRANSFER TAX $ __ COMPUTEDON PULLVALUEOFPROPERTYCONVEYED Name: __ OR COMPUTED ON FULL VALUE LESS LIENS AND Street: ENCUMBRANCES REMAINING AT TIME OF SALE Address: City & State Signature of Declarant or Agent determining tax Firm Name CORPORATION QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Rancho Cucamonga, a corporation under the laws of the State of California hereby REMISES, RELEASES AND QUITCLAIMS to ROBERT MINJAREZ that certain real property in the City of Rancho Cucamonga, County of San Bemardino, State of California, described and shown on the attached Exhibits "A" and "B". ACCEPTED: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION By: Date: William J. Alexander, Mayor Attest: Debbie Adams, City Clerk ATTACH COMPLETED NOTARY ACKNOWLEDGEMENT(S) EXHIBIT "E" EXHIBIT "A" LEGAL DESCRIPTION (Parcels To Be Quitclaimcd) PARCEL 5: PARCEL 5: THAT PORTION OF THE WESTERLY 20.00 FEET OF THE EASTERLY 155.00 FEET OF BLOCK 5 OF MAP OF THE TOWN OF WEST CUCAMONGA, AS RECORDED IN BOOK 13, PAGES 1 AND 2 OF MAPS, RECORDS OF SAID COUNTY, WHICH LIES WITHIN LOTS 42 AND 43 OF SAID BLOCK 5 AS DESCRIBED IN GRANT DEED RECORDED IN BOOK 4712 PAGE 324 OFFICIAL RECORDS OF THE COUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. EXCEPTING THEREFROM ANY PORTION LYING WlTHIN THE NORTHERLY 100 FEET OF sAID ALLEY. CONTAINS 1,203 SQUARE FEET AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF. 1 209--0~5-21 209-085-25 209--0~5-09 PARCEL 5 ~ PARC~ I INCLU~ ALL OF P~EIS ~ 20 O0 ~///~ INDICATES PARCELS TO BE QUITCLAIMED ~N. CHO CUCAMONGA TITLE: n~E~ f T FI E C I ¥ Y 0 F ~AN CII 0 CIJ CA~ 0 N GA Staff Report DATE: November 5, 2003 TO:. Mayor and Members of the City Council Jack Lam. AICP, City Manager FROM: William J. O'Neil, City Engineer SUBJECT: APPROVE THE FINAL PROPERTY SETTLEMENT, IN CONJUNCTION WITH CFD 2001-01 RIGHT-OF-WAY ACQUISITION OF BASE LINE ROAD AND DAY CREEK BOULEVARD, AT THE PIEROTTI PARCEL, TO BE FUNDED FROM CFD 2001-01 FUNDS, ACCOUNT NUMBER 16123035650-1442612-0 AND TO APPROPRIATE IN THE AMOUNT OF $421,760.00 - ASSESSOR'S PARCEL NUMBER 227-161-21 RECOMMENDATION Approve the final property settlement for the Pierotti parcel in conjunction with CFD 2001-01 right-of-way acquisition of Base Line Road and Day Creek Boulevard and appropriate $421,760.00 for payment the settlement. BACKGROUND/ANALYSIS In August of 2001, the City formed Community Facilities District 2001-01 (CFD). The extension of the west side of Day Creek Boulevard and the widening of the south side of Base Line Road west of Day Creek are portions of the improvements of the CFD. The City approached the owners with an offer to purchase their property, based on an appraisal prepared by Mason and Mason. On August 28, 2002, the City deposited $182,500.00 with the clerk of the court and subsequently took possession of the property on October 21, 2002. The City Attorney's office l~as diligently pursued condemnation proceedings with the property owners. Both parties had independent appraisals prepared as a part of the condemnation proceedings. On August 6, 2003, the City Attorney approached City Council in Executive Session for final settlement authority for an amount not to exceed $623,500.00. The case has settled with a final compensation amount of $595,000.00 plus interest ($182,500 deposit plus $412,500 balance plus $9,259.30 interest which totals $604,259.30). Staff is seeking approval of an appropriation to pay the owners the balance, including interest as of November 6, 2003, of $421,759.30. Oy Subrnitted' , · City Engineer WJO: MEP Attachments '. VICINITY MAP ? COMMUNITY FACILITIES DISTRICT NO.2001-01 EXHIBIT A 0CT-29-2003 11: ~0 FRO]'4 TO 1~947'-,','~746 P. ~,'e2 RICHARDS, WATSON & GERSHON &TrORNEYS AT LAW October 29, 2003 Maria Pcrez, P.E. Assistant Civil Engineer CITY OF RANCHO CUCAMONGA Post Office Box 807 Rancho Cucamongn, California 91729 Re: Ci~ of Rancho Cucnmonga v. Pierotfi, et aL, Check for Judgment Dear Maria: This letter serves to confirm our tek, phone conver~afiens wherein we discussed the funds to be paid to the Pierotti's based on our seffiement. The Judgment in Condemnation provides for payment of thc sum of $421,631.38. This figure includes interest calculated through Octob~ 3 !, 2003. You have advised me that a check would not be issued until November 6, 2003. Interest accrues on the principal amount at the rate of $21.32 per day. $21.32 multiplied by 6 results in the additional sum of $127.92. The additional interest should be added to $421,631.38 to give us a now total of $421,759.30. Tho check should be n~t~ payable to 'Palmiefi, Tyler. Wiener, Wilhelm & Waidren LLC Trust Account for the benefit of Ossi and Anna Marie Pierotti". Their ~rm tax identification number is 33-0146039. · If you have any questions regarding this matter, please con~ct me at your earliest convenience. Vc,~y truly youn, TOTAL P.'02 '0CT-09-2003 16:S4 FROM RICHARDS WATSON & GERSHON TO 19094??2?46 1 RICHARDS, WATSON & GERSHOI~- A Prof.esaiolml Corporation 2 REGINA N. DANNER~ State Bar PAULA GLrrIF. RREZ B.~!:.zA, 3 355 South Grand Avenue, 40th Flo6-r Los Angeles, CA 90071-3101 'i.. cog~:c~o .'~ 4 Telephone-: (213) 626-8484 ' Facsimile: (213) 626-0078 Attorneys for Plaintiff, ' ' :..~ 6 City of Rancho Cucamonga 7 8 SUPERIOR COURT OF ~ STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO 10 I 1 CITY OF RANCHO CUCAIvIONGA, a Case No. RCV 066002 municipal; corporation. STIPULATION TO JUDGMEi'~f ADOLPH CITRO; DOES I THROUGH 100, §6103] INCLUSIVE; AND ANY AND ALL PERSONS ~OW'N t-LkVING OR 17 CLAIMING TO HAVE ANY TITLE OR INTEP,.EST IN OR TO THE PROPERTY 18 SOUGHT TO BE CONDE,'~INED H~R~IN, 19 DeFendants. 20 2l IT IS I-I~P,.EB¥ STIPULATED by aud b~v~en Plaintiff, CITY OF RANCHO 22 CUCAlVlONGA ("CITY") and Defendant OSSI PIEROTTI and ANNA MARIE P[EROTTI 23 (collectively "PIEROTTF~. through ~h¢ir r~sp~ctiv~ counsel, that Sudg~en! in Cond~'nnation as to thc real prope~'"y or interest in re, al property described in CITY's Complaint and id~titicd as 24 25 Assessor's Parcel Number 0227-161-21, may be enicrcd in thu sum and couu~uing th~ tc. rm~ and 2d conditions as set forth below an~ in ~h~ Judgment in Cond~natiou, which is attached hereto as E~.ibit "A" and incorpora~ h~rein by ~h{~ r-'ihrcnc¢ aS ~hough set forth in full. 27 //// 28 1 1. On August 2~, 2002, CITY deposited the sum of $182,~00 with the Clerk 0fthe 2 Cour~ a~'~'~ amount of probable compensation for the subject property interests in this 3 proceedin$. 4 2. PIEROTTI subsequently withdraw thc entire sum of$182,500 from the deposit 5 pursuant to a Stipulation and Order. 6 3. CITY has taken possession of the subject property interests described in the ? Complaint herein pursuant to an Order for Possession which became effective on October 21, 8 2002. ' 9 4. Defendants ED~TA SP~EGEL~ Trastee for the Thomas Spiegel Trust a~d FDITA l0 SP~GEL, Trustee for the Rita Spiegel Trust, have been dismissed fi'om ~hi~ action; II $. Defendant ROM~ SHAPIRO fil~ a disclaimer herein; 12 6. Def~,od~nts ADOLPH CITRO, MARTIn4 ~LUMENTHAL, BLANCA ROVE~, 1~ Tru~t~ for thc Charl¢~ Revert Tru~t, BLANCA ROVEN, Three for the Ali~ Revert Trust, la BLANC^ ROVe, Tm~tee for the ^lfi'~d Revert Trust, and .~L PERSONS UNK. NOW'N 15 HAVING OR CLAI311NG TO I~V~ ANN' TITLE OR INi~q.EST I~ OR TO THE 16 PROPERTY SOUOHT TO BE CONDE. Mlq'ED 1-12ERI~IN, having been rel,mlari¥ s~-v~l with 17 Pme~$,andhavingfail~toapp~arand~_~rer¢IT¥'$¢omplain~fil~lhcr,in, andth~defanlt. 18. of tho~¢ defendunt~ having been duly enter*~l; 19 7. CITY and PI~ROTTI have agzeed to fully settle th/s action between them 20 pursuant to this Stipulation; 21 8. That the total amount of monetary just compensation to be paid in this action by 22 CITY to PIEROTI'I is the sum of $595,000, together with statutory interest in the amount of 23 $8,654.98 from the da~ of posSeSsion, October 21, 2002, through October 3 I, 2003, or 24 thereafter at thc daily rate of $21.32, plus cottrt costs in the amount of $4?6.40. The total 25 amount of~ust compensation re~aininl~ to be paid to PIEROTTI is the sum of $412,$00, plus 26 statutory interest through October 31, 2003 in the sum of $8,654.98 and court costs in the sam of 27 $476.40, for a total o£$421,631.38. 28 //// I 9. In addition to the foregoing monetary compensation, CITY has further agreed to 2 approve a number of future access poInts off of Base Line Road and Day Creek Boulevard to the 3 remaining larger parcel oWned by PIBROI~. PIEROTTI has requested two access points along 4 Base Linc Road to the/r remaining larger parCel. CITY has algeed that two access points along 5 Base Line Road shall be approved by the CTI'Y. PIEROTTI has further requested throe access 6 points along Day Creek Boulevard, one of which would have a pocket in the raised median 7 pcrmitiing lct~ turn in and out of thc ~e,~iaining larger parcel. CITY has agreed that three acccss 8 points along Day Creek Boulevard, one of which would have a dedicated pocket in thc raised 9 median pemlit'ting let turn in and out of the rerosinlng lar$er parcel, shall be approved by the 10 CITY. However, the precise location ofeach access point has not been approved by this I I ag~ement, only the number of access points. The precise location of each access point from 12 Base Line Road and Day Creek Boulevard to the remaining larger parcel will be determined at 13 such time in the future when development plarls.for tho rems!~in8 larger parcel are submitted for 14 approval by the CITY. 1 $ 10. Together, the monetary payment and the agreemema cm~eming approvnl of 16 future access points comprise the total just comgenaalton to be paid by CITY to PIEROTTI in ! 7 thin action. PIEROTTI expressly acknowledges that said payment and thc ag~n~aent concerning 18 appwval of future access points shall be in full and final settlement of any and all claims a'ising 19 out of thc taking o f thc subj~t pwperty inte~'e~t$, including, but not limited to, clalmn for 20 compensation for the subject property interests, severance damages, inverse condemnation, loss 21 of goodwill, costs, Litigation expenses, expert witness fees, attorneys fees, interest, relocation 22 aasistaacc and benefits, improvements pertaining to the realty, or any oth~ claim or reason, 23 whether relatIng to thc Project for which the subject property interests are sought to be acquired 24 or to this action; 25 11. That the entry of the riga! order of condemnation constitutes the waiver and 26 release by PIEROTTI of any and all c]aimn against CITY, its officials, agents, contractors, and 27 employees in connection with the subject property inlerests or this eminent domain proceeding 28 that were asserted or could have been asserted in this preceding. Stipulation To J'udgmcnt In Condca~uiafion ,123, -0093\749485vl.doc · C~3~ I 1.2. That PIEROTYI warrant that there are no unpaid real property taxes, panaifie$ or 2 costs du~ ~n the subject propenT interests for the period ending October 21, 2002. tho date of 3 possession, and hereby promir~a to indmnnify CITY/n the amount of any such unpaid taxes 4 and/or penhlfies and/or any legal fees and costs incuncd by CITY in connection with any such 5 unpaid taxes and/or 6 13. That CITY and PIF~OTI'I requ~t that the Court hereby cancel any taxes, 7 penalties, and costs incun'ed aRer October 21, 2002 put~o~ to Revenue and Taxation Code 8 §5081, et seq. · 9 14. That PIEROTTI zhall be entitled to apply to the appropriate County agency for 10 mimbu~m~nt of any t~xes paid by ot on it~ I~alf fer thc p~fiod ending O,~ober 11, 2002 to the ~i II present. ~ 12 15. That ~aeh party to thi~ Stipulation waive~ the fight to move for a n~a~ trial and to ~ I3 ail otis- po~ judsm~ pmc__,~q_~ng~ and the fight to appel h~in. la 16. Thc part/~ hereto futtber Stipulate that a Statement of Decision is hereby waived. ~ ] 15 17. Notice will be promptly given to the Court of satisfaction of all the monetary ~.~ 16 terms of the attached Judgment in Condenmafion, which will be served and filed under separate ae-~ ~17 cover for approval by the Court of a Final Order of Condemnation. ~ 18 Illl 22 /// 27 /// 28 /// I 12314~0~3\749485¥1 .doc Stipulation To I 18. CITY and PIEROTTI agree that thlq Stipulation may be executed in counterparts, 2 each of ~-~h shall bc deemed an original instrument, and all, when taken roger, s~l 3 constitute the Stipulation. 4 5 6 DATED: October ~ , 2003 RICHARDS, WATSON & GERSHON A Professional Corporation 7 9 By: Attb~teys for Plaintiff 10 CITY OF RANCHO CUCAMONGA 11 DATED: October (~ , 2003 ?ALMIERI, TYL£IL WIEN~K WILI-I~LM & 12 WALDRON, LLP. 13 PATRICK A. HENNESS~ Attorneys for Plaintiff 16 OS$IPIERO~andANNAMAKIE PI~RO]~rI 17 18 19 " 2O 21 22 23 24 25 26 27 28 112] 1-0093\7494~$v l.doc Stipulation To Juelgm~nt ~n Condemnation "Exhibit "A" OCT-Bg-2E~ 16:56 FROM RICHRRDS WATSON & GERSHON TO 19094~72746 P.08/16 I RICHARDS, WATSON & GERSHON A Profe~al Corporation 2 EI~GI~A N. DANNER (137210) PAULA GUT~RR~Z BAEZA (198653) 3 355 South Grand Avenue, 40th Floor Los Angel.cs, CA 90071-3101 4 Tel~hone: (213) 626-8484 Facsimile: (213) 626-0078 6 Attorneys for Plaintiff, City of Rancho Cucamon~a 7 8 SUPERIOR COURT OF TI~ STATIil OF CALIFORNIA 9 COUNTY OF 9AIV BERNARDINO 10 I 1 CITY OF RA1V'CHO CUCAMONOA, ~ Case No. RCV 066002 muuicipal corporation, 12 JUDGMIiI1VT IN CONI)ilM1VATION 13 [APN0227-I~I-21] [Ex.-'mpt i',,~a l~flin8 Fee~ Purs,,-,- to Oovt. Codc O99I PIEROTTI; ANNA MARIE PIEROTTI; 15 .ADOLPH CITRO; DOES 1 THROUGH 100, INCLUSIVE; AND ANY AND ALL 16 PERSONS UNKi~OWN HAVING OR CLAIMING TO HAVE ANY TITLE OR ! 7 INTEREST IN OR TO THE PROPERTY 18 SOUGHT TO BE CONDEMNED HEREIN, Defendants. 19 2O This proceeding for the cond~mnnation ora portion of the r~l proper~y situated in the 21 County of San Bemardino, State of California, and more pnrticularly dcscn'oed in Plaintiff's 22 Complaint on File herein as: 23 P~AL PROPERTY LOCATED IN THE CITY OF RAN~O CUCAMONGA, 24 COUNTY OF SAN BI='RNARDINO, STATE OF C~tlI:ORNIA, LEGALLY DESCRIBED AS 25 FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 27 SHOWN ON THE RECOP,,D OF SLIRVI~Y, R.ECOItgED IN BOOK. 47 OF t~ECORDS OF SURVEY, PAGES 68 THROUGH 75, RECORDS OF SAID COUNTY; 28 11231-0093\'/49'i84v I.doc $11d~:lil~qlt hi Cond~'lllllallol% ~. ~,~ y 0CT-09-2003 16:56 FROM RICHARDS WATSON & GERSHON TO 19094??2?46 P.09/16 ! 'k't'lE~_ CE N 89049'26" E A DISTANCE OF 360.01 FEET ALONG THE NORTH'LINE OF SAID SECTION, ALSO KNOWN AS THE CENT~RLINE OF BASLE LINE ROAD, TO 2 TI~ NOR~T CORNER OF PARCEL 1 OF PARCI~L MAP NO. 1 IN TI~ crrY OF 3 RANCHO CUCAMONGA~ AS PER PLAT RECORDED IN BOOK 1, OF PARCEL MAPS, PAGE I, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA; 4 THENCE SOUTH]SLLY ALONG THE WEST LINE OF SAID PARCEL I A 5 DISTANCE OF 49.00 FEET TO THE TRUE POINT OF BEGINNING; 6 THENCE N 81°49'14" E A DISTANCE OF 71.83 FEET TO A POINT ON A LINE THAT IS PAKAr.T.~L WITH AND 39.00 FEET SOUTI-IERLY OF TI~ NORTH LINE OF 7 SAID PARCEL 1; 8 THENCE ALONG SAID PARALLEL LINE N 89°49'23" E A DISTANCI3 OF 282.26 9 FEET TO A POINT ON A TANGENT CURVE, CONCAVE NORTHI~-RLY, HAVING A RADIUS OF 7539.00 FEET; 10 THENCE EASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 1l 00°50'10",ADISTANCEOF II0.02FEET; 12 THENCE ALONG A NON. TANGL:NTLiNEN89O04,48-EADISTANCEOF200.83 FEET, TO A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 7542.00 13 FEET, A RADIAL TO SAID CURVE POINT BEARS S 02°32'20" E; 14 THENCE EASTERLY ALONG SAID I~ION-TANGENT CURVE THROUGH A 15 CENTRAL ANGLE OF 01027'31" A DISTANCE OF 192.00 FEET; 16 THENCE N 86°00'09.. E A DISTANCE OF 35.92 FEET TO A POINT, BEING ON THE EAST LINE OF SAID PARCEL 1, SAID POINT BEING LOCATED SOUTHERLY 17 FROM THE NORTHEAST CORNER OF SAID PARCEL 1, A DISTANCE OF 22.85 FEET; 18 THI~NCE N 75°2953" W A DISTANCE OF 7.94 FEET TO A POINT ON A 19 TANGENT CURVE CONCAVE SO~¥, HAVING A RADIUS OF 137.00 FEET; 20 THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13052'26" A DISTANCE OF 3~.17 FEET TO A POINT OF TANGENCY; 21 THENCE N 89°22'19" W, A DISTANCE OF 208.94 FEET TO A POINT; THENCE S 89°49'26" W, A DISTANCE OF 217.88 FEET TO A POINT; THENCE N 00°15'52'' E A DISTANCE OF 11.00 FEET TO A POINT, SAID POINT 24 BEING THE TRUE POINT OF BEGINNING. 25 CONTAINING 2.79 ACKES. 26 came on to be heard before the Honorable Martin Hildreth presiding in Depamn~nt RI 8, on 27 October 3, 2003. Regina N. Daxmer of RICHARDS, WATSON & GERSHON, appeared as 28 attorney of record for Plaintiff; aad Il 231-0093\74948~.v L~{OC J'?di~llleil! m Condemnation ~.~ ~__, 0CT-09-200~ 16:56 FROM RICHARDS WATSON & GERSHON TO 1909~7V2746 P.10×15 1 It app_ea~g that a settlement has been reached between the CITY OF RANCHO 2 CUCAIVIONGA ("CITY'J and OSSI PIHROTTI and ANNA M~ PIHROTTI (collectively 3 "PIEROTTFJ, the f~e owners heu:m, and there botug no comp~msation remaining to be prod to 4 any pan~, and 5 It further apt~aring that Defendants EDIT A SPIEGEL, Trustee for the Thomas Spiegel fi Trust and EDITA SPIEGEL, Trustm: for the Rita Spiegel Trust, have been dismissed firom 7 action; and 8 It further appearing that Def~mdant ROMIE SHAPIRO filed a discl~m~ herein, " 9 discl-lmh~g any fight, title or intel~st ~ or to the Subject ProPmx'y Interests to he oo~dem~ed as 10 d~scribed in CITY's Complaint and to the just compensation to be awarded; and ll It further appearing that Defendants ADOLPH CITRO, MARTIN BLUMENTHAL, 12 BLANCA ROVE?N, Trustee for tho Charles Roven Trust, BLANCA ROVEN, Trustee for the lB Alice Roven Trust, BLANCA ROVEN, Trustee for the Alfred Roven Trust, and ALL PERSON 14 UN'KNOWN HAVING OR CLAIMING TO I-IAVE ANY T1TLE OR INTEREST IN OR TO 1~ THE PROPERTY SOUGHT TO'BE CONDBMNED I=IEREIN, having been r~gularly served 16 with process, and having failed to appear and an.,~wer City's complaint filed h~'oin, and the 17 default of those defendants having been duly entered and evidence having boem considered by the 15 Court; 19 IT IS HEREBY ORDERED, ADILrDGED AND DECREED AS FOLLOWS: 20 1. Tho purpose for which the sub]eet real property is sought to be condemried is a 21 public use authorized by law, and the taking of the subject prop~(y is necessary for such 22 2. On August 28, 2002, CITY deposited the sum orS182,$00 with thc Clerk of the 23 Court as the amount ofprebable comp~sation for the subjest property interests in this 2,~ proc~ding. 2~ 3. PIERO'ITI subsequently withdrew the entire sum of $182,S00 from the deposit 26 pursuant to a Stipulation and Order. 27 /// 0CT-~9-200~ 16:57 FROM RICHARDS W~TSON & F~SHON TO 19094??2?46 I 4-. CITY has Ug~en possession of the subject prop~x'y intereeta described in the 2 Complaint'~r~in pursuant to an Order for Possession which became cfl'ectiw on October 21, 3 2002. 4 5. CITY and PII~ROTI'I have agreed to fully settle this action between them 5 pursuant to the Stipulalion filed concun~ntly herewith. 6 6. That the total amount of monetary compensation to be paid in this action by CITY 7 to PIEROTTI is the sum of $$95,000, together with statutory inter~s! in the amount of $8,654.98 g f~om the date of possession, October 21, 2002, through October 31, 2003, or thercai~er at the 9 daily rate of $21.32, plus court costs in the amount of $476140. The total amount of just 10 oomperisation remaining to bo paid to PIEROTTI is the sum of $412,500, plus statutory interest l 1 through October 31, 2003 in the sum of $8,654.98, and court costs in the sum of $476.40, for a 12 totalof$421,631.38. 13 7. In addition to the foregoing monetary compe~:sation, CITY has further agreed to approve a number of future access points off of Base Line Road and Day Creek Bouli~vard to the 15 remaining larger parcel owned by PIEROTTI. P]L~ROTTI has r~quested two acc, ess points along 16 Base Line Road to tbeir rel~:~ining larger parcel. CITY has agreed that two access points along 17 Base Line Road shall be approved by the CITY. PIEROTTI has further requested thn~ access lli points along Day Creek Boulevard, one of which would have a pocket in the raised median 19 permitting left turn in and out of thc l'~lslnltll~ larger piu-ccl. CITY has agreed that t.l~e access 20 points along Day Creek Boulevard, one of which would have a dedicated pOCket in the raised 21 median p~,uitting l~ft turn in and out of tho remaining larger parcel, shall be approved by the 22 CITY. However, the precise location o£eech access point from Ba~. Line Road and Day Creek 23 Boulevard to th~ r~maining larger paro¢l will be determined at such time in tho fitturo when 24 d,welopmcnt plans for thc remaining lar~er parcel are submitted for approval by the CITY. 25 8. Together, the monetary payment and the agreements concerning future access 26 points comprise the total just compensation to be paid by CITY to PI~RO 1-1i in this action. 27 PEEROTTI expressly acknowledges that said monetary payment and the agreenlent concerning 28 approval of future access points shall be in full and final settlement of any and all claims arising II 2~ 1-0093\7494~vt.doc .~udgrn~'lt In Condemnation 0CT-09-2003 16:57 FROM RICHARDS WRTSON & GERSHON TO 19B9477~746 P.1Z/16 1 out of the . _ta~in$ of thc subject pwl~rty int~n:sts, incl,,~g, but ~t I~t~ to, clalm~ for 2 ~mp~on for ~c s~j~t ~o~ im~, sev~cs ~, ~ cond~fioa loss ~ of g~d~lL ~m, fi~ga~on e~, ~m ~ f~ ~m~ fe~ ~ ~l~afion 4 ~ia~c~ ~d b~cfi~, i~v~ $ whc~ rela~g to ~ ~oj~t for wMch 6 or to ~is ~io~ 7 9. ~t thc ~ of ~c fl~ o~cr ofcond~on co~fi~t~ ~e w~ver ~d 8 ~le~e by P~RO~I of ~y ~d ~ cl~ a~t C~, i~ offid~, a~, ~n~to~, ~d 9 mplo~cs M co~<fion ~ ~e s~j~ pmpe~ Mt~ ~ ~s ~M~t ~m~ pmce~ng 10 ~a Were ~s~ or co~d have bc~ 11 10. ~tP~RO~I~t~t~mno~drc~pwp~t~pe~ficsor 12 cos~ due on ~e ~bj~ p~y Mt~ for ~e p~od ~g ~tob~ 21, 2~ ~e ~te of 13 ~essio~ ~d h~by pwmi~ m ~ni~ CI~ ~ ~e mo~t of~y ~oh ~d ~ 14 ~or pen~fi~ ~or ~y leg~ f~ ~d co~ ~c~ by C~ ~ ~fion ~ ~y such 15 ~p~d ~ ~or p~fi~. 16 1 I. ~ C~ ~d P~O~ ~u~ 17 pendfi~ md co~s inc~ ~er ~ob~ 21, 2~2 p~t to R~ue ~d T~ion Code 18 ~5081,etseq. 19 12. ~t P~O~I ~l be ~fitl~ to apply to ~e ~pmpdate Co~ ag~cy for 20 ~b~em~t of ~y ~ p~d by or on i~ ~h~ ~ ~e p~od endin~ ~tob~ 21, 2002 to th~ 21 p~t. 22 13. ~ ~h p~ to ~s Sfipu~on w~v~ ~e fi~t to move ~r a ~w ~ ~d to 23 all o~ post jM~t pmc~n~ 24 14. ~e p~ hmto ~r S~pulae ~t a S~t off,on ia h~by w~ved. 25 15. Nofi~ will be promptly Svm to ~ Corn of s~sf~ of~ t= t~s of~e 26 a~h~/ud~ent M CoMe~fio~ ~ch ~11 be ~ed ~d fil~ ~d~ ~mte cov~ for 27 approva by ~e Co~ ora Fi~ ~d~ of Condition. 2g 16. C~ ~d P~O~I a~e ~at ~s S~pu~fion may be ex~ M co~te~s. 0CT-~9-2003 16:5~7 FROM RICHARDS WATSON & GI~SHON TO 1909477-~4G P.13/1G ! each of whic_h sh~n be deemed an original insmune~t, and all, when taken ~ogeth~r, Shall. constitu c .SUpulaIio 3 17. There being no timber compensation remsl-l-g to be paid to a~y party, the 4 porlion or,his parcel described above is condemned as to Plaintiff, CITY OF RANCHO 5 CUCAMONGA and as a?in~l d~la~s OSSI PIF. ROTTI and ANNA MARIE PIEROTTI, ~ ROMIE SHAPIRO, ADOLPH CITRO, MARTIN BLUMENTHAL, BLANCA ROVt/N, 7 Trustee for the Charles Roven Trust, BLANCA ROVEN, Trustee for the Alice Rov~n Trust, 8 BLANCA ROVEN, Trustee for the Alfred Roven Tm.st, and ALL PERSON UNKNOWN ' 9 HAVING OR CLAllVIING TO HAVE ANY 'rl'rLE OR INTEREST IN OR TO THE 10 PROPERTY SOUGHT TO BE CONDEMN]K) HEI~IN, in fee simple absolule, and all 11 inter~ts ofsaid Defendants in and to the subject re, al prop~y d~-rib~i herein shall be t2 13 18. All taxes, penalties and costs which are a lien on th~ Parcel, remain the sole and 14 exclusive rusponsibility of th~ Defendants herein, and any portion of the taxes, penalties and 15 costs incmTcd after said date arc h~r~by cancclexi pum,,ant to section 5081 ct. scq. of thc 16 RCvcuuc and Taxation Code. 17 APPROVED AS TO FORM AND CONTENT: 18 DATED: October ,2003 RICHARDS, WATSON & GF-.RSHON A Profcmaionai Corporation 20 21 By:. REGINA N, DANNER A,omqtm for Plaintiff 22 CITY OF RANCHO CUCAMONOA 23 DATED: Oc~0b,r ., 2003 PALMIF.~, TYLI~R, WlL*NF.R, WILI~LM & 24 WALDRON, LLP. 25 26 By: PATRICK A. HENNESSEY 27 Attorneys for Def~u~dantm OSSI PIEROTTI aud ANNA MARIE 28 PIF_.~OTTI I123141093X74948~vl.do~ Jud{lu~t In Condemnation '~ I IT IS SO ORDERED. 3 DATED: : · JUDGE OF THE SUPERIOR COURT 4 7 10 ~'~ 11 t2 2O 21 22 24 25 26 27 28 ! [ 231 -O0~3\749~,g4v I ,doc 3 I am a re, dent of the Stato of Califomiaand over the ag, of ~/ght~n year,, and not a party to the wihhin action; my besinesa address is Richards, Walson & G~r~hun, 355 South 4 Grand Avenue, 40" Floor, Los Angeles, California 90071. On Ootober 9, 2003, I served the STIPULATION TO JIIDGMENT i~ CONDEI~tNATION [] by causin~ fa~imile tratksm/ssion of the document(s) liated above from (213) 626- 7 0078 to the pea~on(s) and faesimi!e numbers) set forth below on this date before 5:00 P.M. This tran~a~i~ion was relX~Od as complete and without error. A copy 8 of the transmission report(s), which was properly iasued by the trammitfing facsimile mne..h_i~e, is attached. Service by fa~imite bas been Itl,adc pursuant to a prior written agreement between thc parties: I0 · ~b~,,plaein§ ~e.document(s) listed abo.v.o in a sealed envelope with postage thereon _may pmpai~,~m the United States mini at Los Angeles, California addreaaed aa act 11 forth below. I am readil) · r familiar..wi.'th the firm's practice for collection and prec~am8 cone, spondence/'or mailing with the United States Postal Service. 12 Under that practice, it would b~ dC'posited with the U.S. Postal Service on that same day with postage thereon fully prepaid in thc ordinarlt cours~ of business. 13 am aware that on motion of the party served, service is presumed invalid ii' postal cancellation date or postag* meter date/s more than one day after date ofdeposit 14 for mailing co~tained in this affidavit. 15 [] by phcing tho doeunlen~s) listed above in a sealed Federal FApress envelope and affixin~l a pre-paid air bill, and causing the envelope to be delivered to a Federal 16 ILv. pres.s agent for delivery, or deposited in a box Or other facility regularly maintained b.y regularly maintained by.Federal Express, in an envelope or 17 packag, deslgnaled by the I~-press setmce carrier, with deliveEt fees paid or provided for. addms,.~d to the posen(s) a~ the ~rlrhzss(es) set forth below. 18 [] by personally delivering the document(s) listed above to the person(s) at the 19 address(es) set foRh below· 20 [] by eaasing personal delivery by First Legal Support Services, 1511 West Beverly Boulevard, Los Angeles, California 90026 of the document(s) listed above to the 21 person(s) at the address(es) set forth below. ~ AtU~d Ser~i¢~ L~t 23 ! decla~ under penAIVd ofperju~ under the law8 of the Sram of California that the 24 ~aovo is true and ¢orr~t. 25 Executed on October 9, 2003, at Los Angeles, 27 28 IIZ31\I 93[?09910.1 ~ , I ~ERVICE LIST 2 Patrick'Hennessoy, Esq. Blanca Revert 3 PALMIF. RL TYLER, WIENF. R, Tmste~ for Clurles Revert Trust (Doe WlLItl!~ & WAI.nRON LLP 910 N, Alpine Drive 2630 Main Street Beverly Hills, California 90210 4 East Tower- Suite 1300 lrvine, CA 92614-6228 $ Fax: (949) $51-15~ 6 Blanca Rovon Blanca Rovon Trust~ for Alice Rov~n Trast (Doe 6) Trustee for Alfred Revert Trust (Doe 7) 7 910 N. Alpine Drive 910 N. Alpine Drive Beverly Hills, California 90210 BeVerly Hills, California 90210 9 10 11 12 13 14 15 16 17 18 19 " 2O 21 23 24 25 26 27 11231~ ~3\709910.1 -2- ~ TOTAL P. 16 R A N C h O C U C A M O N G A ENGINEERING DE PART~IEN T StaffR port DATE: November 5, 2003 TO: Mayor and members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Joe Stofa Jr., Associate Engineer SUBJECT: APPROVAL OF TRACT MAP 16279-1, LOCATED ON THE NORTH AND SOUTH SIDES OF HIGHLAND AVENUE, BETWEEN ET1WANDA AND EAST AVENUES SUBMITTED BY TOLL BROTHERS LAND DEVELOPMENT - APN: 227-051-01,04,05,06,09 AND 28 AND 227-061-05 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving the subject Tract Map16279-1, and authorizing the Mayor and the City Clerk to sign said resolution. BACKGROUND/ANALYSIS Tract Map 16279-1, located on the north and south sides of Highland Avenue, between Etiwanda and East Avenues was approved by the Planning Commission on June 12, 2002 for the development of 79 single family lots. The Developer, Toll Brothers Land Development, previously submitted an agreement and security on July 2, 2003 to guarantee the construction of the off-site improvements, which were constructed during the summer months to avoid conflict with Etiwanda High School that began in September. The Tract Map has since been completed due to delays in the release of Highland Avenue to the City of Rancho Cucamonga. It is now ready for approval. ~t_~ectful~ submitted, City Engineer WJO:JS :dlw Attachment TRACT NO. 16279 TOLL BROTHERS '79 LOT SUBDIVISION 1-210 1 I I cc.x;~wo, t i t ~OS ........ .:L~ CITY OF RANCHO CUCAMONGA A ~- ~2~ VICINITY MAP I~ p~ge A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING TRACT MAP NUMBER 16279-1 WHEREAS, Tract 16279-1, submitted by Toll Brothers Land Development consisting of 79 single family homes located on the north and south sides of Highland Avenue, between Etiwanda and East Avenue was approved by the Planning Commission of the City of Rancho Cucamonga on June 12, 2002 and is in compliance with the State Subdivision Map Act and Local Ordinance No. 28 adopted pursuant to that Act; and WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by the entry into an Improvement Agreement on July 2, 2003 with Toll Brothers Land Development, as developer; and WHEREAS, said Developer submits for approval said Tract Map 16279-1 offering for dedication, for street, highway and related purposes, the streets delineated thereon and the easements dedicated thereon for storm drain, sidewalk, street tree and landscape purposes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA HEREBY RESOLVES, that with said Improvement Agreement and Improvement Security previously submitted by said developer and approved and signed by the Mayor, then said Tract Map 16279-1 is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. R A N C H O C U C A M O N G A ENGINE EI~IN G DEDAt~T~I ENT Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: William J. O'Neil, City Engineer BY: Cindy Hackett, Associate Engine~ SUBJECT: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE CONSTRUCTION OF ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE TO BE FUNDED FROM ACCOUNT NO. 11763035650/1373176-0 (MEASURE "l' FUNDS) RECOMMENDATION: It is recommended that the City Council approve plans and specifications for the construction of Arrow Route Pavement Rehabilitation from Haven Avenue to Milliken Avenue and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND ! ANALYSIS: Arrow Route Pavement Rehabilitation scope of work to be performed in general consists of, but not limited to, cold planing, crack sealing, asphalt rubber overlay, loop replacement, striping, pavement markings and signing, etc. The project is to be funded from Measure 'T' funds, Account No. 11763035650/1373176-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301 (c) of the CEQA guidelines. The Engineer's estimate for Arr(~w Route Pavement Rehabilitation is $413,500. Legal advertising is scheduled for November 11 and November 18, 2003 with bid opening at 2:00 p.m. on Tuesday, November 25, 2003. Respectfully submitted, Willia~_p~Z. O'Neil City Engineer WdO:LEI-I:Ieh Attachments RESOLUTION NO. ~),~ "~ ~ ? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared plans and specifications for the construction of certain improvements. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for "ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALR" Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bemardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on November 25, 2003, sealed bids or proposals for the "ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE" in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "Bid for Construction of ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a RESOLUTION NO, November 5, 2003 Page 2 similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the previsions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or RESOLUTION NO. November 5, 2003 Page 3 journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 17773.8. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the Iow bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done RESOLUTION NO. November 5, 2003 Page 4 thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class "A" License (General Engineering Contractor) or Class "C12" License (Earthwork or Paving Contractor) in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty ,of perjury, that the information being provided is true and correct. The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies of the plans and specifications, available at the office of the City Engineer, Engineering Counter, will be furnished upon application to the City of Rancho Cucamonga, and payment of $35.00 (THIRTY-FIVE DOLLARS), said $35.00 (THIRTY- FIVE DOLLARS) is non-refundable. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by payment stipulated above, together with an additional non-reimbursable payment of $15.00 (FIFTEEN DOLLARS) to cover the cost of mailing charges and overhead. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. RESOLUTION NO. November 5, 2003 Page 5 Questions regarding this Notice Inviting Bids for "ARROW ROUTE PAVEMENT REHABILITATION FROM HAVEN AVENUE TO MILLIKEN AVENUE" may be directed to' Cindy Hackett, Associate Engineer and Project Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4066 By order of the Council of the City of Rancho Cucamonga, California. Dated this 5th day of November, 2003. Publish Dates: November 11, 2003 and November 18, 2003 ARROW ROUTE PAVEMENT REHABILITATION (FROM HAVEN AVENUE TO MIT.T.TKEN AVENUE) .4 I-' ~ · ~. ~ ,- ~ \~s~: --IL ''' CITY OF RANCHO CUCAMONGA VICINITY MAP T H E C I T Y 0 F I~ANCIIO (2LICA~ ONGA Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council FROM: Jack Lam, City Manager BY: Pamela S. Easter, Deputy City Manager William J. O'Neil, City Engineer SUBJECT: Authorization to enter into a Professional Services Agreement with Grueneich Resource Advocates to provide regulatory/utility legal services, in an amount not-to-exceed $85,000 for the remainder of FY 2003-04, to be funded from account no. 1025001-5300; and approval to transfer $75,000 from account no. 1025001-5417 (General Liability Claims) to account no. 1025001-5300 (Contract Services). Recommendation It is recommended that the City Council authorize the City Manager to enter into a professional services agreement with Grueneich Resoumes Advocates, of San Francisco, California, to provide regulatory/utility legal services, in an amount not to exceed $85,000 for the remainder of the 2003-04 Fiscal Year. Funding will be allocated as follows: 1) $10,000 in account no. 1025001-5300 previously authorized by the City Council for contract services related to the municipal utility, and 2) $75,000 through a transfer from account no. 1025001-5417 (General Liability Claims) to account number 1025001-5300 (Contract Services), utilizing the current legal services budget. The proposed Professional Services Agreement is attached. Backqround The formation and implementation of the City's electric utility has necessitated the use of outside legal services for various agreements and contracts. Expenditures for legal services related to the formation and operation of the municipal utility were included in the contract services line item of the business model presented to the City Council at the special meeting of April 16, 2003. The anticipated legal services included routine formation and operational items, such as the establishment of tariffs, drafting of line extension agreements and related policies and procedures. It City Council Staff Report Authorization of Professional Services Agreement: Municipal Utility Legal Services November 5, 2003 Page 2 was anticipated that costs for non-routine legal issues would be funded from the City's overall legal services budget. This past summer there were several regulatory decisions made at the State level that have identified a need for the City to retain a legal firm that has specialized regulatory and utility legal experience. In July and August 2003, the CPUC issued a Decision and then reaffirmed that Decision to assess departing Icad charges on customers of newly formed municipal utilities, such as the City of Rancho Cucamonga. The California Municipal Utility Association (CMUA) and a number of cities are now appealing these CPUC actions to the California Supreme Court. Due to the potential high monetary impact of these CPUC Decisions, it is important that our City support these appeal efforts as well as play an active role in the departing Icad implementation discussions that will occur at the CPUC if the Decisions are upheld. Since our utility business model already accounted for these municipal departing charges, any reversal or modification to these CPUC decisions could result in greater gains for our City through our participation. With the CPUC's new involvement in municipal utility issues, there is also a need for proactive monitoring of CPUC and related Federal Energy Regulatory Commission (FERC) actions to evaluate potential impacts to our utility and the evaluation of appropriate actions to be taken by the City. The cost of retaining this specialized legal counsel will be drawn from the City's overall legal services budget, which would have otherwise been paid to the City Attorney. To retain these specialized services, the City issued a written Request for Qualifications for Municipal Electric Utility Regulatory Legal Services on September 23, 2003 and asked five identified firms with expertise in this field to respond. All five firms provided responses that were reviewed by staff, and four were selected to participate in the interview process. As a result of staff's review of the RFQ submittals, the interview process, and reference checks, staff is recommending that the firm of Grueneich Resource Advocates be retained to provide the requested services. Grueneich Resource Advocates is an energy law and consulting firm that specializes in assisting government entities in the area of energy. Dian Grueneich, the founder and principal of the firm, has 25 years of experience in energy and resource law, having worked for the California Energy Commission as well as in private practice. She has an excellent understanding and experience in working with the CPUC and FERC on issues, argued cases in front of State and federal courts, and is highly respected in the industry. The firm's clients have included the public utilities for the following public agencies: the Cities of Pittsburgh and San Francisco, the Counties of Trinity, Stanilaus, Calaveras, and San Francisco, the University of California and State University system, and Mamh Air Fome Base Joint Powers Authority. The firm's fees are competitive with the other firms that responded to our Request for Qualifications. City Council Staff Report Authorization of Professional Services Agreement: Municipal Utility Legal Services November 5, 2003 Page 3 The following program of work was outlined in the City's Request for Qualifications and includes: · Advise the City on the CPUC Rulings on municipal departing load, the California Supreme Court challenge, and CPUC implementation of departing load charges. · Proactively monitor regulatory and legal proceedings at both the State and Federal levels. Apprise the City of actions taken or currently being considered by governmental, legislative, and regulatory agencies related to municipal utility issues, Make recommendations and develop legal strategies as necessary to regulatory and legislative issues and proposals. · Provide legal consultation on transmission issues, power sales agreements, fuel supply, and regulatory requirements. Throughout our work in this area, the City will be looking for opportunities of working with other cities for the purpose of sharing costs. The potential for cost sharing was included in the Request for Qualifications. For the activities outlined above, the staff has established a not-to-exceed dollar amount of $85,000 for the remainder of the 2003 - 04 Fiscal Year. Staff has worked with Grueneich Resource Advocates to outline a dollar amount for each of the activities. The City Attorney has reviewed the attached Professional Services Agreement. Attachment c: Dian Grueneich, Grueneich Resource Advocates RUENEICH RESOURCE ADVOCA TES 582 Market Street, Suite 1020, San Francisco, CA 94104 Telephone 415.834.2300 Facsimile 415.834.2310 Email gra@ gralegal.com October 15, 2003 Jack Lam City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, CA 91729 Subject: Consulting Services by Grueneich Resource Advocates Dear Mr. Lam: This is a retainer letter pursuant to your request that Gmeneich Resource Advocates ("GRA") provide the City of Rancho Cucamonga with legal and consulting services. This agreement incorporates by reference the language from the Request for Qualifications issued by the City of Rancho Cucamonga for Municipal Electhc Utility Regulatory Legal Services. The scope of work GRA will provide is as follows: 1. Represent the City and make recommendations regarding appropriate legal filings before the Supreme Court of California related to CPUC Decision Numbers 03-07-028 and 03- 08-076. 2. Proactively monitor regulatory and legal proceedings of California Public Utilities Commission (the "CPUC") and Federal Energy Regulatory Commission (the "FERC") rulings, regulations, orders and proceedings that may potentially impact the City's municipal utility; and provide regular updates to the City verbally and in writing of these actions. Develop legal strategies, as necessary, for related action that the City should consider taking. 3. Advise and represent the City in CPUC workshops and related CPUC activities to implement the tariff filing, billing, collection and accounting of Cost Responsibility Surcharges as required in CPUC Decision Number 03-07-028. 4. Provide analysis and recommendations on complex legal issues related to the City's municipal utility, as requested. 5. Develop legal strategies as necessary, related to utility and regulatory issues. 6. Monitor State Legislature actions to identify major legislation that would impact our 'municipal utility. Also assist in the City's legislative efforts, as necessary, related to the exit fee issue and other proposed legislation that would impact the City. This may include drafting proposed legislation, assisting in the development of strategies, etc. During the first month after the contract is executed, Ms. Grueneich will visit the City in order to meet the City Council, City Manager, and key members of the staff as well as to further define the program of work and develop strategies related to the various aspects of the work program. It is agreed by both parties that Ms. Grueneich will not charge travel time or air fare for this trip. GRA will keep you informed of significant developments and respond to your inquiries. You agree to provide us with direction and guidance on the tasks, which the City will expect us to perform.' Rancho Cucamonga also agrees to keep us informed of significant developments related to related activities and programs. Dian Gmeneich is the principal GRA contact person for Rancho Cucamonga and will be the person directing the scope of the City's work. We will charge by the hour for the time our personnel spend on your matter. The hourly rates for the GRA personnel initially assigned to your matter are specified in Attachment A. The hourly rates are subject to periodic change. You will be given notice of any rate change. You agree to pay for our services at these rates. Our personnel bill in minimum units of 0.10 hours (6 minutes) for any task. They will charge for all telephone calls relating to your services, including, but not limited to, calls with you and your City. Our personnel may confer among themselves about your matter, as required. When they do confer, each person will charge for the time expended. Likewise, if more than one of our personnel attends a meeting or other activity, each will charge for his or her time. We will charge for waiting time and for travel time, both local and out of town. All of the charges referred to will be at the rates prevailing when the time is expended. We will incur various costs and expenses in performing the services described herein. You agree to pay for those costs and expenses reasonably incurred in addition to the hourly charges for services rendered by our personnel. The costs and expenses commonly include long distance telephone calls, facsimile, messenger and other delivery fees, postage, charges for computer research and outside assisted research, consultant fees, mileage and parking, and photocopying and other reproduction. Unlike some firms, GRA does not charge for ordinary clerical staff time, word processing, computer time, and other similar items. However, we reserve the right to charge you for unusual costs of this nature, such as where your matter demands clerical staff overtime or the hiring of additional, temporary employees. If out of town travel is required of personnel, you agree to pay all costs of such travel, in addition to the hourly rates for travel time. The exception to this is the initial trip that Dian will make to the City, in which she will not charge travel time or air fare. All of the foregoing will be charged to you at our standard cost charges as shown on the attachment to this agreement. These cost charges are subject to periodic change, which will be communicated to the City in advance. To aid in assisting you, it may become necessary to him additional technical consultants. We will not hire such a person without your consent and we will provide you with information on what the technical consultants would provide as well as what the estimated cost would be for their services. Once you consent, you will be responsible for such person's fees and charges. We will send you a statement for fees and costs incurred on a monthly basis, to be paid within thirty (30) days of the statement's date. Our statements shall clearly state the basis thereof, including the amount rate and basis for calculation of our fees. At the election of GRA, the firm may impose late fees or interest on past due accounts, to the extent permitted by law. If payment of fees and costs is not received within thirty (30) days of the statement's date, GRA may begin to charge interest on the unpaid amount at a rate of 1% compounded monthly. GRA may also institute collection proceedings or retain a collection agency to recover amounts past due. You may discharge us at any time. We may withdraw only for good cause. Among the facts constituting good cause is your breach of this agreement, your refusal to cooperate with us or to follow our advice on a material matter, or any fact or circumstance that would render our continuing representation of you unlawful or unethical. Upon the termination or conclusion of our services, all unpaid charges for services rendered and costs incurred or advanced through the termination or conclusion date shall become immediately due and payable. We acknowledge our obligation, upon your demand, to deliver the files at or after the termination or conclusion of our services. If any legal action is necessary to enfome or interpret any provision of this agreement, the prevailing party shall be entitled to reimbursement of all reasonable attorney fees and costs incurred, including attorney fees and costs incurred in executing any judgment. If any efforts are initiated to collect unpaid fees and costs, GRA shall be entitled to reimbursement of all expenses incurred. This letter constitutes a contract for professional services. Please read it, and, after careful review, please sign it and write in the date of signing. Once you have signed the letter, please return it to me via facsimile. If you have any questions or concerns, please call and discuss them with me before you sign. Once you sign this letter and return it to me, you are agreeing to the terms therein and will be bound by them. Of course, GRA is also bound by the agreement. Sincerely yours, GRUENEICH RESOURCE ADVOCATES By: Date: Dian M. Grueneich I have read and understood the foregoing terms, and I agree to them. By: Date: Jack Lam, City Manager ATTACHMENT A CONFIDENTIAL AND PRIVILEGED Grueneich Resource Advocates 2003 Rate Schedule Principal Dian M. Grueneich $ 300/hour Senior Associate Theresa Cho $ 265 /hour Associate $ 180/hour Senior Policy Analyst Clyde S. Murley/Jody S. London $ 200/hour Policy Analyst/Paralegal Mike S. McCormick 90/hour File Clerk/Assistant Jack McGowan/Nancy Norris-London $ 50/hour This Rate Schedule will remain in effect through December 2004. The above billing rates are the principal, but not sole, determinant of our billings. Our billing statement may be adjusted to reflect the fair value of our services taking into account unusual time pressures, extraordinary expertise required, size and scope of the matter, and other relevant circumstances. Costs and expenses are also billed. Outgoing facsimiles are billed at 50¢ per page, and photocopying is billed at 20¢ per page. Other expenses include long distance telephone calls, messenger and other delivery fees, postage, mileage and parking, travel expenses, and outside copying costs (which are billed at cost). Subcontractors will be subject to a 5% GRA administrative fee. DIAMOND ORDINANCE NO. 717 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2003-00616, AMENDING SECTION 17.30 OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, CHANGING THE CLASSIFICATION OF DAY CREEK BOULEVARD, EAST OF ROCHESTER AVENUE IN THE INDUSTRIAL DISTRICTS, TO A MODIFIED LOCAL COLLECTOR AS DEPICTED IN FIGURES 17.30.080-J AND 17.30.040-B AND TEXT CHANGES TO SECTION 17.30.080.1.4. AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0229- 021-20, 34, 47, 53, 54, AND 55. A. RECITALS. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2003-00616, as described in the title of this Ordinance. Hereinafter in this ordinance, the subject Development Code Amendment is referred to as "the application." 2. On August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment, and following the conclusion thereof, adopted its Resolution No. 03-134, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 3. On August 27, and continued to September 10, and September 24, 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the associated General Plan Amendment GPA2002-00002, and following the conclusion thereof, adopted its Resolution No. 03-133 recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 4. On October 15, 2003,'the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 5. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby determines that the subject amendment identified in this Ordinance has been reviewed pursuant to an addendum to the Rancho Cucamonga General Plan Environmental Impact Report and finds as follows: An Environmental Impact Report (EIR) was certified October 17, 2001, as the Final EIR for the 2001 City of Rancho Cucamonga General Plan. The Guidelines for the California Environmental Quality Act Section 15166 provides that when a Program EIR has been certified, subsequent activities in the program must be examined in light of the program EIR to determine whether an additional environmental document must be prepared. If the agency finds that no new effects could occur or no new mitigation measures would be required, the agency can approve the activity as being within the scope of the program EIR. Because the applicant has proposed modifications 'to the Master Plan Circulation system, an Addendum to the 2001 General Plan Final EIR was prepared, and all feasible mitigation measures developed in the Program EIR, have been incorporated into the project design. An addendum to the 2001 General Plan Final EIR is appropriate documentation because some changes or additions are necessary to describe the modification to the Master Plan Circulation System, but none of the conditions described in California Environmental Quality Act Guidelines Section 15162 calling for the preparation of a subsequent EIR have occurred. The City Council has reviewed and considered the attached addendum based on the following findings: a. There h ave not been substantial changes i n t he project t hat require major revisions to the previous EIR because of new significant environmental effects or a substantial increase in severity of previously identified environmental effects; and b. There have not been substantial changes with respect to the circumstances under which the project is undertaken, which will require major revisions to the previous E IR because the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified as complete, that shows any of the following: 1) the project will have one or more significant effects not discussed in the previous EIR; 2) significant effect previously examined will b e substantially m ore severe t hat shown i n the previous EIR; 3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more effects of the project but the project proponents decline to adopt the mitigation measure or alternative; or 4) mitigation measures or alternatives, which are considerably different from those analyzed in the final EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 3: The following Development Code sections and figures shall be changed as follows: a. Figure 17.30.040-B - Streetscape Setback Schedule shall be amended to delete "Day Creek Boulevard" from the "MAJOR ARTERIAL/SPECIAL BOULEVARD (100-* and 120-foot Right- of-Way)" listing and be added to the "LOCAL INDUSTRIAL (66-foot Right-of-Way)" listing. b. Figure 17.30.080-J shall be amended to represent (by street line illustration) the portion of Day Creek Boulevard between the boundary of Subarea 8 and Rochester Avenue as a "66- foot Right-of-Way." c. Section 17.30.080-1.4. - Subarea 8, Industrial Districts, of the Development Code hereby is amended to read, in words (strikeout words indicating deletion of text) and figures, as follows: "4. Access and Circulation: Subject to modification, especially at intersections. 120 foot Right of Way r~..,, r....~. ~,...~ ..... '~ ""'~ Milliken Avenue." SECTION 4: If any section, subsection, sentence, clause, phrase, or work of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 5th day of November 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT:. None ABSTAINED: None William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing, Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 15th day of October 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5t~ day November of 2003. Executed this 6th day of November 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City CLerk Change to a local collector '" .... "' ..... ~ ORDINANCE NO. 718 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00858 WITH FOOTHILL CROSSING, LLC, TO ESTABLISH A PROCESS FOR FINANCING THE CONSTRUCTION OF DAY CREEK BOULEVARD WITHIN THE FOOTHILL CROSSING SHOPPING CENTER, LOCATED ON THE SOUTHWEST AND SOUTHEAST CORNERS OF DAY CREEK AND FOOTHILL BOULEVARDS AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE FOR REAL PROPERTY DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0210-082-53 THRU 57. A. RECITALS. (i) California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." (ii) California Government Code Section 65865 provides, in pertinent part, as follows: "Any city may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." (iii) California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." (iv) Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement DRC2003-00858, concerning that property located at the southwest and southeast corners of Day Creek and Foothill Boulevards, and as legally described in the attached Development Agreement. Hereinafter in this Ordinance, the Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." (v) On September 10, and continued to September 24, 2003, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through the adoption of this Resolution No. 03-132. (vi) On October 15, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the request. (vii) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Prior to the adoption of this Ordinance, this Council has reviewed the Initial Study Parts I and II, the Development Agreement, and certified the Mitigated Negative Declaration in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder. SECTION 3: Based upon substantial evidence presented during the above- referenced public hearings on October 15, 2003, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a) The location, design, and proposes uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b) The Development Agreement conforms to the General Plan of the City of Rancho Cucamo~?ga. SECTION 4: it is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement DRC2003-00858, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, AND ADOPTED this 5~h day of November 2003. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. Alexander, Mayor ATTEST: Debra J. Adams, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 15th day of October 2003, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 5th day November of 2003. Executed this 6th day of November 2003, at Rancho Cucamonga, California. Debra J. Adams, CMC, City Clerk EXHIBIT "A" RECORDING REQUESTED BY RECORDING FEES EXEMPT DUE TO AND WHEN RECORDED MAlL TO: GOVERNMENT CODE SECTION 27383 City of Rancho Cucamonga 10500 Civic Center Drive Post Office Box 807 City Clerk Rancho Cucamonga, California 91729-0907 Attention: City Clerk Space Above Line For Recorder's Use Only) DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND FOOTHILL CROSSING, LLC I 1231-0001 \745445vl O,doc ~::~ '~ TABLE OF CONTENTS Page SECTION I. DEFINITIONS ................................................................................................... 4 SECTION II. BENEFITS TO CITY ........................................................................................ 5 SECTION ~I. PROJECT DEVELOPMENT ............................................................................ 5 A. Scope of Project and Permitted Uses ....................................................................... 5 B. Rules, Regulations and Official Policieg ................................................................. 5 1. Applicable Rules .......................................................................................... 5 2. Conflicting Enactments ................................................................................ 6 C. Future Approvals ..................................................................................................... 6 D. Permitted Conditions ............................................................................................... 7 E. Term of Map(s) and Other Project Approvals ......................................................... 7 F. Moratorium .............................................................................................................. 7 G. Vesting of Owner's Rights ....................................................................................... 8 H. Development Agreement/Project Approvals ........................................................... 8 SECTION IV. OWNER'S OBLIGATIONS ............................................................................. 8 A. Day Creek Boulevard ............................................................................................... 8 B. Payment of Prevailing Wages .................................................................................. 9 C. Limitations on Owner's Obligations to Develop ................................................... 10 SECTION V. CITY'S OBLIGATIONS ................................................................................. I0 A. Reimbursement ...................................................................................................... 10 B. Letter of Intent from Anchor Store ........................................................................ 11 C. Lease with Anchor Store ........................................................................................ 11 D. Traffic Impact Fees ................................................................................................ 12 E. Landscape Areas .................................................................................................... 14 SECTION VI. COOPERATION/IMPLEMENTATION ........................................................14 A. Further Assurances; Covenant to Sign Documents ............................................... 14 B. Processing During Third Party Litigation .............................................................. 15 C. Defense of Agreement ........................................................................................... 15 SECTION VII. GENERAL PROVISIONS .............................................................................. 15 A. Covenants Run with the Land ................................................................................ 15 B. Transfers and Assignments .................................................................................... 16 1. Right to Assign .......................................................................................... 16 2. Liabilities Upon Transfer ........................................................................... 16 C. Mortgagee Protection ............................................................................................. 17 D. Statement of Compliance ....................................................................................... 18 E. Default .................................................................................................................... 18 F. Annual Review ....................................................................................................... 19 11231.0001 \745z145vl 0,doc i ~:~ G. Legal Action ........................................................................................................... 20 H. Waiver; Remedies Cumulative .............................................................................. 20 I. Future Litigation Expenses .................................................................................... 21 1. Payment to Prevailing Party ....................................................................... 21 2. Scope of Fees ............................................................................................. 21 J. Term .................................................................................................................... 22 K. Permitted Delays; Supersedure by Subsequent Laws ............................................ 23 1. Permitted Delays ........................................................................................ 23 2. Supersedure by Subsequent Laws .............................................................. 23 L. Amendment of Agreement ..................................................................................... 24 M. Operating Memoranda ........................................................................................... 24 SECTION vm. MISCELLANEOUS ......... ...25 A. Negation of Partnership ......................................................................................... 25 B. No Third Party Beneficiary .................................................................................... 25 C. Entire Agreement .................. : ................................................................................ 25 D. Severability ............................................................................................................ 25 E. Construction of Agreement .................................................................................... 26 F. Section Headings ................................................................................................... 26 G. Applicable Law ...................................................................................................... 26 H. Notices ................................................................................................................... 26 I. Time is of the Essence ........................................................................................... 27 J. Recordation ............................................................................................................ 27 11231-0001\745445v I O.doc ii ~ ~ DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO cUCAMONGA AND FOOTHILL CROSSING, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this -c~,b day of 'CBD ,2003, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and FOOTHILL CROSSING, LLC., a California limited liability company ("Owner"). WITNESSETH: A. The lack of certainty in thc approval of development projects can result in a waste Of resources, escalate the cost of housing and other development, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public. B. California Government Code Sections 65864-65869.5 (the "Development Agreement Statute") were therefore enacted authorizing a municipality to enter into binding development agreements with persons having legal or equitable interests in real property. C. Owner has a legal or equitable interest in certain real property that is approximately 60 acres in size and located on the southeast and southwest comers of Foothill Boulevard and Day Creek Boulevard in the City and more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference (the "Property"), and depicted on the location map attached hereto and incorporated by this reference as Exhibit "B." D. Subject to the provisions of the "Project Approvals" (as defined below), Owner's Project (as hereinafter defined) will involve the development of the Property with a commercial shopping center to be known as the Foothill Crossing Shopping Center, as generally depicted on the site plan attached as Exhibit "C" (the "Project"). II 231-0001\745445v10.doc 1 ~ ~ ~ E. One key objective of the Project is the development of a shopping center that is compatible to, and located on land adjacent and southwest of the Victoria Gardens Regional Shopping Center. F. On October 17, 2001, the City Council (the "Council"), after making appropriate findings, certified a Final Environmental Impact Report entitled, "City of Rancho Cucamonga 2001 General Plan FEIR" pursuant to the provisions of the California Environmental Quality Act, such Final Environmental Impact Report being more specifically identified as State Clearinghouse No. 2000061027 (the "EIR"). On T~c> ~ 2003, the City Council adopted an addendum to the previously certified EIR with regard to the Project Approvals and this Agreement (the "Addendum"). G. Concurrently with adoption of the Ordinance approving this Agreement, the City has approved General Plan Amendment GPA2002-00002 by City Council Resolution No. Ts~ ("General Plan Amendment"), Development Code Amendment DCA20003-00616 by City Council Ordinance No. '~e,i> ("Development Code Amendment"), Conditional Use Permit and Development Review DRC2002~00839, with Conditions of Approval, by City Council Resolution No. TIS~ ("Conditional Use Permit" and "Development Review") and Tentative Parcel Map No. SUBTPM 16033, with Conditions of Approval, by City Council Resolution No. 'I'~D ("Tentative Parcel Map"). A depiction of the Tentative Parcel Map is attached hereto and incorporated herein as Exhibit "D." (Collectively, the General Plan Amendment, Development Code Amendment, Conditional Use Permit, Development Review, and Tentative Parcel Map are hereinafter referred to as the "Project Approvals".) I 123 l-O001\745445vlO.doc 2 H. Development of the Project will further the comprehensive planning objectives contained within City's General Plan, as amended, and will result in public benefits, including, among others, the following: 1. Fulfilling long-term economic and social goals for City and the community; 2. Providing fiscal benefits to City's General Fund; 3. Creating a more diverse economic base; 4. Providing both short-term construction employment and long-term permanent employment within City; 5. Phasing the construction of public infrastructure improvements with private development; 6. Constructing roadway improvements on the Property consistent with, and as required by, the Circulation Element of the City's General Plan; and 7. Significantly enhance the possibility that the goals of the General Plan will be realized, including the development of another commercial center, adjacent to the Victoria Gardens Regional Shopping Center, that will substantially benefit the community. I. For the reasons recited herein, City has determined that the Project is a development for which a development agreement is appropriate under the Development Agreement Statute. J. The Council has determined that this Agreement is consistent with the General Plan and specifically has determined that this Agreement is fair, just and reasonable, and City has concluded that the economic interests of its citizens and the public health, safety and welfare will be best served by entering into this Agreement. I 1231-0001\745445 v 10.doc 3 ~7 ~).~ K. The Planning Commission of City (the "Planning Commission") held a duly noticed public hearing on this Agreement on September I0, 2003. L. The Council, after a duly noticed hearing, adopted Ordinance No. 'tBb approving this Agreement, which ordinance will become effective on 'rD (the "Effective Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the parties hereto agree as follows: SECTION I. DEFINITIONS. The following terms shall have the meanings defined for such terms in the sections set forth below: Term Section VII.J. Addendum Recital F Agreement Introduction Anchor Store Section V.B. Applicable Rules Section IXI.B. 1. Channel Extension Segment Section IV.A. City Introduction Conditional Use Permit Recital G Council Recital F Day Creek Boulevard Improvements Section IV.A. Development Agreement Statute Recital B Development Code Amendment Recital G Effective Date Recital L EIR Recital G Future Approvals Section Ill. C. General Plan Recital E General Plan Amendment Recital G Lease Agreement Section V.C. Letter of Intent Section V.C. Ministerial Approvals Section VI.B. Mortgagee Section VI].C. Notice of Non-Compliance Section V]I.F. Owner Introduction Permanent Closure Section VII.J. I 1231-0001\745445v I O.doc 4 Planning Commission Recital K Primary Extension Segment Section IV.A. Project Recital D Project Approvals Recital G Property Recital C Required Occupancy Date Section V.D.2. Subsequent Rules Section III.B.2. Tentative Parcel Map Recital G Term Section VI/.J. Traffic Impact Fees Section V.D. Vested Rights Section III.H. SECTION II. BENEFITS TO CITY. In consideration of the benefits resulting from this Project, including, but not limited to, the development of a commercial shopping center, improvements to significant roadways, including a portion of Day Creek Boulevard, the diversification of the City's economic base, and the increase in short-term and long-term employment, all of which will provide a significant overall benefit to City, City has agreed to enter into this Agreement. SECTION III. PROJECT DEVELOPMENT. A. Scope of Project and Permitted Uses. The parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, shall be those set forth in the Project Approvals and the "Applicable Rules" (as hereinafter defined). The term "Project" specifically excludes the Day Creek Boulevard Improvements (as hereinafter defined). B. Rules, Regulations and Official Policies. 1. Applicable Rules. The parties hereby agree that, for the term of this Agreement, the roles, regulations and official policies governing permitted uses, governing density, and governing design, improvement and specifications applicable to development of the Property shall be those rules, regulations and official policies in force at the time of the Effective I 1231-0001 \745445v I 0.doc 5 Date, including, without limitation, the Project Approvals (collectively, the "Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement shall preclude City from applying changes occurring from time to time in the Uniform Building Code, Uniform Electrical Code, Uniform Fire Code, Uniform Mechanical Code, or Uniform Plumbing Code, provided that such changes are generally applicable to ail property in City. On the Effective Date, City and Owner shall identify two identical sets of the Applicable Rules, one set for City and one set for Owner, so that if it becomes necessary in the future to refer to any of the Applicable Rules, there will be a common set of the Applicable Rules available to both parties. 2. Conflicting Enactments. Any change in the Applicable Rules, including, without limitation, any change in any applicable generai, community plan, area or specific plan, zoning, subdivision role or regulation, adopted or becoming effective after the Effective Date, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by the Council, the Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Property and which would conflict in any way with or be more restrictive than the Applicable Rules ("Subsequent Rules"), shall not be applied by City to the Property. Owner, in its sole discretion, may give City written notice of its election to have any Subsequent Rule applied to the Property, in which case such Subsequent Rule shall be deemed to be an Applicable Rule. C. Future Approvals. Any development of the Property shall require all discretionary approvals required by the Applicable Rules (collectively, the "Future Approvais"). I 1231-0001 \745445vl O.doc 6 C:~ Upon granting of any of the Futura Approvals, as they may be amended from time to time, they shall become part of the Applicable Rules, and Owner shall have a "vested right", as that term is defined under California law, in and to such Future Approvals by virtue of this Agreement. D. Permitted Conditions. Provided Owner's applications for any Future Approvals are consistent with this Agreement and the Applicable Rules, City shall grant in a timely manner the Future Approvals in accordance with the Applicable Rules and authorize development of the Property for the uses and to the density of the Project described herein. E. Term of Map(s) and Other Project Approvals. Pursuant to California Government Code Sections 66452.6(a) and 65863.9, the term of any subdivision or parcel map that may be processed on all or any portion of the Property and the term of each of the Project Approvals shall be extended for a period of time through the scheduled termination date of this Agreement as set forth in Section VII.J. below. F. Moratorium. No City-imposed moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Property, whether imposed by ordinance, initiative, resolution, policy, order or otherwise, and whether enacted by the Council, an agency of City, the electorate, or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use or service (including, without limitation, water and sewer) approved, issued or granted within City, or portions of City, shall apply to the Property to the extent such moratorium or other limitation is in conflict with this Agreement; provided, however, the provisions of this Section shall not affect City's compliance with moratoria or other limitations mandated by other governmental agencies or court-imposed moratoria or other limitations. I 1231-0001 \745445v I O.doc 7 G. Vesting of Owner's Rights. The fights and entitlements granted to Owner pursuant to this Agreement shall be and constitute "vested rights" or the equivalent of "vested rights", as that term is defined under California law applicable to the development of land or property and the right of a public entity to regulate or control such development of land or property, including, without limitation, vested rights in and to building permits and certificates of occupancy. Upon the expiration or termination of this Agreement: (1) any rights of Owner to develop the land and use the Property shall be subject to only those rights provided by California common law; and (2) nothing contained herein shall provide any additional rights or entitlements to develop or use the Property beyond or in addition to that which is available in accordance with California common law, nor shall anything in this Agreement or the termination thereof be deemed to impair or restrict such common law rights of Owner. H. Development Agmement/Proiect Approvals. In the event of any inconsistency between any Project Approval and this Agreement, the provisions of this Agreement shall control. SECTION IV. OWNER'S OBLIGATIONS. A. Day Creek Boulevard. Subject to the provisions of Section V of this Agreement, and as a condition of the approval by the City of the Project, the Owner shall design and construct the extension of Day Creek Boulevard from the south curb line of Foothill Boulevard on the north, through the most westerly border of the Property, (a distance of approximately 2,500 feet) ("Primary Extension Segment") and from the most westerly border of the Property to up to the west side of the intersection of the Day Creek Flood Control Channel and Day Creek Boulevard ("Channel Extension Segment"). The Owner's obligation pursuant to this paragraph shall include, but not be limited to, design, construction and installation of public street curbs, I 123 I-O001 \745445vlO.doc 8 ~7'~ gutters, storm drains, pavement, sidewalks, landscaped medians, street lights, fire hydrants, street utilities and traffic signals for the Primary Extension Segment and the Channel Extension Segment (collectively, the "Day Creek Boulevard Improvements"). Owner shall have no obligation to: (i) construct any extension of Day Creek Boulevard outside of the boundaries of the Property; or (ii) acquire any rights-of-way, or pay any fees or monies to the City, in connection with the extension of Day Creek Boulevard outside the boundaries of the Property. Nothing contained in the immediately preceding sentence shall release Owner from: (i) constructing the Channel Extension Segment unless the County Flood Control District fails to issue the required approvals necessary to construct the Channel Extension Segment following written application by Owner for such approvals and payment by Owner of all required application fees related to the Channel Extension Segment; (ii) constructing the Primary Extension Segment to the extent any portion of that Primary Extension Segment abuts or crosses parcels of property that are excluded from the description of the Property; or (iii) paying any assessments for the construction of improvements to Foothill Boulevard that are required by CFD 2001-01, as specified in City Council Resolution No. 01-181 and Agency Resolution No. RA01-011, or CFD 2003-01, as specified in City Council Resolution No. 03-037 and Agency Resolutioa No. RA 03-003. B. Payment of Prevailing Wages. The Owner shall ensure that all work of construction and installation of the Day Creek Boulevard Improvements shall be done with the payment of prevailing wages to the applicable work crews. The Owner shall provide sufficient documentation, as requested by the City Engineer, to document compliance with this requirement. The provisions of this Section IV.B. shall apply only to the construction and i 123 i-0o01 \745445v I 0.doc 9 installation of the Day Creek Boulevard Improvements and shall not apply to the construction or operation of the Project. C. Limitations on Owner's Obligations to Develop. Nothing in this Agreement shall be construed to require Owner to proceed with the construction of the Project or any buildings or improvements in the Project. The decision to proceed with implementation or construction of the Project shall be in the sole discretion of the Owner. Failure of the Owner to proceed with construction of the Project shall not give rise to any liability, claim for damages or cause of action against the Owner. Notwithstanding the preceding provisions of this paragraph IV.C., in the event Owner commences construction of the Project or any buildings or improvements in the Project, nothing contained in this Section IV.C shall relieve Owner of the obligation to complete the Day Creek Boulevard Improvements or to construct its buildings and improvements in compliance with the Project Approvals and the Applicable Rules. SECTION V. CITY'S OBLIGATIONS. A. Reimbursement. Subject to the provisions of Section V.B. and V.C., the City shall reimburse the Owner on a monthly basis for the Owner's cost and expense for design and construction of the Primary Extension Segment, up to a maximum of one million, two hundred thousand dollars ($1.2 million). In addition, City shall reimburse Owner for the cost and expense for design and construction of the Channel Extension Segment. Any costs incurred by Owner in excess of one million, two hundred thousand dollars ($1.2 million) for the Primary Extension Segment shall be the full and sole responsibility of the Owner and not City. However, Owner shall submit monthly statements to City specifying the costs and expenses incurred during the preceding month for the Day Creek Boulevard Improvements together with sufficient 11231-000 t\745445v10.doc 10 documentation of the expense. Upon receipt of those statements, and City's verification of the costs and expenses, City shall pay Owner the amount owed within thirty (30) days thereafter. B. Letter of Intent from Anchor Store. The City shall not be required to reimburse Owner for the costs and expenses of the Day Creek Boulevard Improvements as specified in Section V.A. unless and Until the Owner provides the City with a letter of intent together with any supplement to that letter, (which together are defined to constitute a "Letter of Intent") executed by an "Anchor Store," as hereinafter defined, and addressed to the City wherein the Anchor Store pledges to enter into a agreement with Owner to rent, occupy and operate for business a retail store within the Project. The Letter of Intent shall also include a statement, in the form acceptable to the City that guarantees to the City that as a result of becoming an Anchor Store within the Project, it will not close any point of sale or relocation within the market area as defined in California Health & Safety Code Section 33426.7 for a period of one year from the date of occupancy by the Anchor Store. For purposes of this Agreement, the term "Anchor Store" shall mean a person, group, partnership or corporation that shall rent, occupy and operate a retail business involving land or building with a gross lease area of 100,000 square feet or greater within the Project. Prior to Owner's submission to City of a signed lease agreement between the Owner and the Anchor Store, the maximum reimbursement by City of Owner's costs and expenses of the Primary Extension Segment pursuant to this paragraph V.B. shall not exceed six hundred thousand dollars ($600,000). C. Lease with Anchor Store. Within one hundred twenty (120) days after the City has received the Letter of Intent from the Anchor Store, the Owner shall present to the City a copy of an signed lease agreement between the Owner and the Anchor Store that provides: (i) sufficient evidence that the Anchor Store has agreed to lease, occupy and operate as a Anchor I 1231-0001 \745445v I 0.doc 11 ~8~) Store within the Project; and (ii) contains a guarantee that as a result of becoming an Anchor Store within the Project, the Anchor Store will not close any point of sale or relocation within the market area as defined in Califomia Health & Safety Code Section 33426.7 for a period of one year from the date of occupancy by the Anchor Store (the "Lease Agreement"). During the intervening time between' the submission to the City of the Letter of Intent and the submission to City of the Lease Agreement, the City shall pay Owner for any monthly costs and expenses incurred for the Day Creek Boulevard Improvements, if any, in accordance with the terms of Section V.A. If City has not received the Lease Agreement within one hundred twenty (120) days after receipt of the Letter of Intent, City shall not be obligated to pay any outstanding statements from Owner for the Day Creek Boulevard Improvements and Owner shall promptly, and no later than thirty (30) days thereafter, reimburse City for any and all payments made to Owner for the Reimbursable Improvements pursuant to Section V.A. The City Manager may, but is not required to, approve reasonable extensions to the time periods specified for the Owner's actions that are specified in this paragraph, up to a maximum of sixty (60) days for any such deadline. D. Traffic Impact Fees. 1. Upon receipt by City of the Letter of Intent, Owner's obligation to pay six hundred thousand dollars ($600,000) of the total amount of City-Wide System Fees for Transportation Development, as defined in Chapter 3.28 of the Rancho Cucamonga Municipal Code (the "Traffic Impact Fees") for the Project shall be deferred until the date of occupancy of the Anchor Store. The maximum amount of Traffic Impact Fees for the Project that shall be deferred pursuant to this paragraph V.D. shall be six hundred thousand dollars ($600,000) and any Traffic Impact Fees required for the Project in excess of six hundred thousand ($600,000) Il 231-0001\745~145vl O.doc 12 e::~>' / shall be due and payable by Owner in accordance with the terms and conditions of Chapter 3.28 of the Rancho Cucamonga Municipal Code. Owner shall not be entitled to, and City shall have no obligation to provide, any credit, waiver or offset to the Traffic Impact Fees required for the Project as a result of the Owner's design and constmction of the Day Creek Boulevard Improvements. 2. If the City has received a copy of the Lease Agreement but the Anchor Store has not commenced occupancy within the Project within two (2) years of the Effective Date of this Agreement, (subject to any extension in accordance with Section VII.K. 1 .), (the "Required Occupancy Date"), Owner shall, within thirty days (30) days following the Required Occupancy Date, pay the City the full amount of Traffic Impact Fees that would otherwise be owing for the Project based on the rate of fees that was in effect at the time the fees would have originally been due and payable. In the event the Owner is required to pay the full amount of Traffic Impact Fees pursuant to this paragraph V.D.2., Owner shall not be entitled to, and City shall have no obligation to provide, any credit, waiver or offset to the Traffic Impact Fees required for the Project as a result of the Owner's design and construction of the Day Creek Boulevard Improvements. The Owner's Obligations under this paragraph shall survive the termination or expiration of this Agreement. 3. Upon occupancy of Anchor Store within the Project, Owner's obligation to pay six hundred thousand dollars ($600,000) of Traffic Impact Fees for those buil,dings within the Project, shall be deferred for an additional five (5) years, measured from the date of occupancy of the Anchor Store. 4. If the Anchor Store has continued to occupy and remain open for business within the Project for five (5) years following occupancy (subject to permitted interruptions in I 1231-0001 \745445v I O.doc 13 C;::~ ~~ accordance with Section VII.K. i), Owner shall be released from all obligations to pay six hundred thousand dollars ($600,000) of the total Traffic Impact Fees for all buildings in the Project. 5. If the Anchor Store fails to occupy and remain open for business for a full five (5) years after occupancy within the Project, Owner shall, within thirty days (30) days thereafter, pay the City the full amount of Traffic Impact Fees that would otherwise be owing for the Project based on the rate of fees that was in effect at the time the fees would have originally been due and payable. In the event the Owner is required to pay the full amount of Traffic Impact Fees pursuant to this paragraph V.D.5., Owner shall not be entitled to, and City shall have no obligation to provide, any credit, waiver or offset to the Traffic Impact Fees required for the Project as a result of the Owner's design and construction of the Day Creek Boulevard Improvements. The Owner's Obligations under this paragraph shall survive the termination or expiration of this Agreement. E. Landscape Areas. City or a City landscaping and lighting or similar district shall assume ownership and maintenance of the median strip within Day Creek Boulevard within the Project boundaries upon acceptance and final inspection of the Day Creek Boulevard Improvements. Upon such assumption of ownership by the City or district, Owner shall have no further responsibility or obligation to repair or maintain the median strip. SECTION VI. COOPERATION/IMPLEMENTATION. A. Further Assurances; Covenant to Sign Documents. Each party shall take all actions and do all things, and execute, with acknowledgment or affidavit, if required, any and all documents and w{itings, that may be necessary or proper to achieve the purposes and objectives of this Agreement. 11231-0001\745445v10.doc 14 ~ B. Processing During Third Party Litigation. The filing of any third party lawsuit(s) against City or Owner relating to this Agreement, the Project Approvals or to other development issues affecting the Property shall not delay or stop the development, processing or construction of the Project, approval of the Future Approvals, or issuance of "Ministerial Approvals" (as hereinafter defined), unless the third party obtains a court order preventing the activity. For purposes of this Agreement the term "Ministerial Approvals" shall be defined to mean approvals requiring the determination of conformance with the Applicable Rules, including, without limitation, site plans, design review, development plans, land use plans, grading plans, improvement plans, building plans and specifications, and ministerial issuance of one or more final maps, zoning clearances, grading permits, improvement permits, wall permits, building permits, lot line adjustments, encroachment permits, conditional and temporary use permits, certificates of use and occupancy and approvals and entitlements and related matters as may be necessary for the completion of the development of the Property. C. Defense of Agreement. City shall take all actions which are necessary or advisable to uphold the validity and enforceability of this Agreement. If this Agreement is adjudicated or determined to be invalid or unenforceable, City agrees, subject to all legal requirements, to consider modifications to this Agreement proposed by Owner to render it valid and enfomeable to the extent permitted by applicable law. SECTION VII. GENERAL PROVISIONS. A. Covenants Run with the Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons I 1231-0001 \745445v I 0.doc 15 acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land. B. Transfers and Assignments. 1. Right to Assign. Owner shall have the right to sell, assign or transfer all or portions of the real property comprising the Property to any person at any time during the term of this Agreement. 2. Liabilities Upon Transfer. Upon the delegation of all duties and obligations and the sale, transfer or assignment of all or any portion of the Property, Owner shall be released from its obligations under this Agreement with respect to the Property, or portion thereof, so transferred arising subsequent to the effective date of such transfer if (i) Owner has provided to City ten days' written notice of such transfer and (ii) the transferee has agreed in writing to be subject to all of the provisions hereof applicable to the portion of the Property so transferred. Upon any transfer of any portion of the Property and the express assumption of Owner's obligations under this Agreement by such transferee, City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Property acquired by such transferee. A default by any transferee shall only affect that portion of the Property owned by such transferee and shall not cancel or diminish in any way Owner's rights hereunder with respect to any portion of the Property not owned by such transferee. The transferee shall be responsible for the reporting and annual review requirements relating to the portion of the Property owned by such transferee, and I 1231-O001\745445vlO.doc 16 ~ any amendment to this Agreement between City and a transferee shall only affect the portion of the Property owned by such transferee. C. Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lender(s) providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Property shall be entitled to the following rights and privileges: 1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Property made in good faith and for value. 2. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 3. Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such i 1231-0001\745445vl 0.doc 17 ~ ~(O foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement; provided, however, in no event shall such Mortgagee be liable for any defaults or monetary obligations of Dwner arising prior to acquisition of title to the Property by such Mortgagee, except that any such Mortgagee or its successors or assigns shall not be entitled to a building permit or occupancy certificate until all delinquent and current fees and other monetary obligations due under this Agreement for the Property, or portion thereof, acquired by such Mortgagee have been paid to City. D. Statement of Compliance. Within thirty days following any written request which either City or Owner may make from time to time, the other shall execute and deliver to the requesting party a statement certifying that to the City's knowledge: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3) any other reasonable information requested. The failure to deliver such statement within such time shall be conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager shall be authorized to execute any such statement. E. Default. Failure by City or Owner to perform any term or provision of this Agreement for a period of thirty days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it 11231-0001\745445v t0.doc 18 cannot reasonably be cured within such 30-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Subject to the foregoing, after notice and expiration of the 30-day period without cure, the notifying party, at its option, may institute legal proceedings pursuant to this Agreement and/or give notice of intent to terminate this Agreement pursuant to Government Code Section 65868. Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the Council within thirty calendar days in the manner set forth in Government Code Sections 65867 and 65868. Following consideration of the evidence presented in said review before the Council and a determination that a default exists, the party alleging the default by the other party may give written notice of termination of this Agreement to the other party. F. Annual Review. Pursuant to Government Code Section 65865.1, throughout the term of this Agreement, good faith compliance with the terms of this Agreement by Owner shall be reviewed by the Planning Commission at the regularly scheduled Planning Commission meeting next following each annual anniversary of the Effective Date. If as a result of such review, City reasonably determines, on the basis of substantial evidence presented at such meeting, that Owner has' not complied in good faith with the terms and conditions hereof, City shall provide written notice thereof ("Notice of Non-Compliance"), stating in specific detail and specific reasons for such finding. After City delivers the Notice of Non-Compliance, Owner shall have the right to cure such non-compliance as provided in Section VII.E. above. In the event that Owner does not timely cure the non-compliance after a Notice of Non-Compliance is delivered by City or, if during the period which Owner must cure such default, Owner ceases to I 1231-0001 \745445v lO.doc 19 make reasonable efforts to effect such cure, City may proceed to terminate this Agreement on ten days' prior written notice to Owner in accordance with the termination procedure set forth in Section VII.E. above. G. Legal Action. Any party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions shall be heard by a referee who shall be a retired judge from either the San Bemardino County Superior Court, the Califomia Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Owner and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If Owner and City are unable to agree on a referee within ten days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section VII.G. shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. H. Waiver; Remedies Cumulative. Failure by City or Owner to insist upon the strict performance of any of the provisions of this Agreement, irrespective of the length of time for which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the future. No waiver by City or Owner of a default or I 1231-0001\745445v I 0.doc 20 breach of any other party shall be effective or binding upon it unless made in writing, and no such waiver shall be implied from any omission by City or Owner to take any action with respect to such default or breach. No express written waiver of any defaults or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified in such express waiver. One or more written waivers of a default or breach under any provision of this Agreement shall not be a waiver of any subsequent default or breach, and the performance of the same or any other term or provision contained in this Agreement. Subject to notice of default &nd opportunity to cure under Section VII.E., all of the remedies permitted or available under this Agreement, at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. I. Future Litigation Expenses. 1. Payment to Prevailing Party. If City or Owner brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, counterelaim, or third-party claim) by reason of defaults, breaches, tortious acts, or otherwise arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys' fees and expert witness fees. 2. Scope of Fees. Attorneys' fees under this Section shall include attorneys' fees on any appeal and, in addition, a party entitled to attorneys' fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys' fees incurred in any post-judgment proceedings to collect or 11231-0001 \745445vl 0.doc 2 1 c:~ ~ enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. J. Term. Unless the "Term" (as hereinafter defined) of this Agreement is otherwise terminated, modified or extended by circumstances set forth in this Agreement or by mutual consent of the parties, the duration of this Development Agreement (the "Term") shall be from the Effective date of this Agreement to the earliest to occur of the following dates: 1. Thirty (30) days following the Required Occupancy Date if the Anchor Store has not commenced occupancy within the Project on or prior to the Required Occupancy Date. 2. Thirty (30) days following the permanent closure, as such term is hereinafter defined, of the Anchor Store if the Anchor Store has commenced occupancy within the Project on or before the Required Occupancy Date but permanently closes for business within the Project within five (5) years after its initial occupancy; or 3. Thirty (30) days following the fifth (5th) anniversary of the actual date of initial occupancy of the Anchor Store if the Anchor Store has commenced occupancy within the Project and continued to occupy and remain open for business within the Project for a period of five (5) years. For purposes of this Section VII.J, the terms "permanent closure" and "permanently closes" shall mean the cessation or Ceasing, respectively, by the Anchor Store of the sale of goods and services of the same general type and character as originally conducted upon initial occupancy of the Project, which cessation or ceasing lasts more than seven calendar days and is caused by any action or event other than an event specified in Section VII.K. 1. If the cessation described herein is caused by an event listed in Section VII.K.1, and has a duration I 123 I-OOO 1 ~745445vl 0.doc 22 of more than six (6) months, the Anchor Store shall be deemed to be permanently closed, whether or not it thereafter reopens for business. The terms "permanent closure" and "permanent closing" shall also include a reduction of mom than five percent (5%) of the total square footage of the building that was occupied by the Anchor Store on the date the Anchor Store initially opened for-business. K. Permitted Delays; Supersedure by Subsequent Laws. 1. Permitted Delays. In addition to any specific provisions of this Agreement, performance of obligations hereunder shall be excused and the Term of this Agreement shall be similarly extended during any period of delay caused at any time by mason of.' acts of God such as floods, earthquakes, fires, or similar catastrophes; wars, riots or similar hostilities; strikes and other labor difficulties beyond the party's control (including the party's employment force); the enactment of new laws or restrictions imposed or mandated by other governmental or quasi-governmental entities preventing this Agreement from being implemented; litigation involving this Agreement, the Project Approvals, the Future Approvals or the Ministerial Approvals, which directly or indirectly delays any activity contemplated hereunder, or other causes beyond the party's control. City and Owner shall promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained. 2. Supersedum by Subsequent Laws. If any federal or state law, made or enacted after the Effective Date prevents or precludes compliance with one or mom provisions of this Agreement, then the provisions of this Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such new law. Immediately after enactment or promulgation of any such new law, City and Owner shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such I1231-0001\745445vl 0.doc 23 ~ ~o,~ modification or suspension would have on the purposes and intent of this Agreement. Owner and/or City shall have the right to challenge the new law preventing compliance with the terms of this Agreement, and in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. At Owner's sole option, the term of this Agreement may be extended for the duration of the period during which such new law precludes compliance with the provisions of this Agreement. L. Amendment of Agreement. This Agreement may be amended from time to time by mutual consent of the parties to this Agreement, in accordance with the provisions of Government Code Sections 65867 and 65868. M. Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Owner and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Owner. If and when, from time to time, during the term of this Agreement, City and Owner agree that such clarifications are necessary or appropriate, they shall effectuate such clarifications through operating memoranda approved by City and Owner, which, after execution, shall be attached hereto. No such operating memoranda shall constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney and City Manager shall be authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment hereof pursuant to Section VI~.L. The City Manager may execute any operating memoranda hereunder without Council action. 1123 I-O001X745445vl O.doc 24 ~ SECTION VIII. MISCELLANEOUS. A. Negation of Partnership. The Project constitutes private development, neither City nor Owner is acting as the agent of the other in any respect hereunder, and City and Owner are independent entities with respect to the terms and conditions of this Agreement. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in the businesses of Owner, the affairs of City, or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. B. No Third Party Beneficiary. This Agreement is not intended, nor shall it be construed, to create any third-party beneficiary rights in any person who is not a party, unless expressly otherwise provided. C. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. D. Severability. Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person, by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person or circumstance, and the same shall remain in full force and effect, unless enfomement of this Agreement, as so invalidated, would be unreasonable or inequitable under all the circumstances or would frustrate the purposes of this Agreement and the rights and obligations of the parties hereto. i 123 i-OOOl ~745445v I 0.doc 25 c:~ ~,~ E. Constmction of Agreement. The provisions of this Agreement and the Exhibits hereto shall be construed as a whole according to their common meaning and not strictly for or against Owner or City and consistent with the provisions hereof, in order to achieve the objectives and purposes. Wherever required by the context, the singular ~hall include the plural and vice versa, and the masculine gender shall include the feminine or neuter genders, or vice versa. F. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. G. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Califomia. H. Notices. Any notice shall be in writing and given by delivering the same in person or by sending the same by registered, or certified mail, return receipt requested, with postage prepaid, by overnight delivery, or by facsimile to the respective mailing addresses, as follows: City: City of Rancho Cucamonga 10500 Civic Center Drive P.O. Box 807 Rancho Cucamonga, CA 91729-0807 Attention: City Manager Telephone: (909) 477-2700 Facsimile: (909) 477-2849 Copy to: Richards, Watson & Gershon Attorneys at Law Number One Civic Center circle P. O. Box 1059 Brea, CA 92822-1059 Attention: James L. Markman, Esq. Telephone: (213) 626-8484 Facsimile: (714) 990-6230 II 231-0001\745445vl O.doc 26 ~:~ Owner: Foothill Crossing LLC. 1161 San Vicente Boulevard, Suite 500 Los Angeles, California 90049 Attention: Michael Lawson Telephone: (310) 207-8600 ext. 126 Facsimile: (310) 207-2288 Copy to: Law Offices of Richard A. Lawrence 5000 North Parkway Calabasas, Suite 210 Calabasas, California 91302 Attention: Richard Lawrence, Esq. Telephone: (818) 591-5900 Facsimile: (818) 227-5550 Either City or Owner may change its mailing address at any time by giving written notice of such change to the other in the manner provided herein at least ten days prior to the date such change is effected. All notices under this Agreement shall be deemed given, received, made or communicated on the earlier of the date personal delivery is effected or on the delivery date or attempted delivery date shown on the return receipt', air bill or facsimile. I. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof. J. Recordation. In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Agreement against the Property with the County Recorder of San Bernardino County within ten (10) days after the Effective Date. IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. "City" CITY OF RANCHO CUCAMONGA, a municipal corporation By:. Mayor I 1231-0001 \745445v 10.doc 27 ~ ATTEST: City Clerk Approved as to Form: By:. City Attorney [Signatures continue] I 1231-0001\745445v ! O.doc 28 "Owner" FOOTHILL CROSSING, LLC, a California limited liability company By: GMS Holding, Inc., a California corporation, its Managing Member By: 11231-0001 \74544-5 v9.doc 2g ~7 On \L%ll~f~c ,20~oefore me, the undersigned, a' Notary Public in and for said~(jounty and State, personally appeared -,~ h~ ~~ , personally known to me (or provc,~ .~ ....... t.._ v~_'. ...... L.ac,c,r-y c-~id~u~e) to be the perso~"J whose name~is/ar-~ subscribed to the within instrument and acknowledged to me that he/she/they executed the sine in his?'..er/the'.'r authorized capacity(/q~), and that by his,.m~r/theL~ signatureJe~on the instrument the person~, or the entity upon behalf of which the perso~ acted, executed the within instmment. WITNESS my hand and official seal. Comm~ # 124631 i · Hoka~ Pul~c- ~ ~ Not~ ~blic STATE OF C~O~ ) ) SS. COUNTY OF ) On ,20._, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizedcapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the within instrument. WITNESS my hand and official seal. Notary Public I 123 I-O001 ~745445v9.doc 29 o,~~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY [Note: The description of the property listed below is to be replaced with a proper form of legal description which shall be inserted to replace this page prior to execution and recording of this Agreement.] Lot A and Parcels 2 through 13 inclusive as shown on Tentative Parcel Map No. 16033. I 1231-0001\745445 v I 0.doc Exhibit A ~) EXHIBIT "B" LOCATION MAP I 123 b0001 \745445 v 10.doc Exhibit LOCATION MAP \ Subj LEGEND Subject Sits- Proposed Shopping Centsr · ~ Major Streets ./'%,/ City Boundary' V EXHIBIT "C" SITE PLAN 11231-0001\745445v lO.doc Exhibit EXHIBIT "D" TENTATIVE MAP I 1231-0001\745445v 10.doc Exhibit D ~J TENTATIVE PARCEL MAP NO. 16033 BOULEV~M:~D (ROUTE ~ ~ ARROW ~IGHWAY THE CITY OF I~AN C II 0 CUCAHONGA Staff Report DATE: November 5, 2003 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Dan Coleman, Principal Planner SUBJECT: CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038 - CARNEY - A request to subdivide .817 acres of land into 4 pamels in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003-00016. (Continued from October 1,2003). CONSIDERATION OF APPEAL OF ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A request to develop four single-family homes on .817 acres of land in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue -APN: 1062-401-05. Related Files: Tentative Parcel Map SUBTPM16038, Variance DRC2003-00017, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003-00016. (Continued from October 1,2003). CONSIDERATION OF APPEAL OF VARIANCE DRC2003-00017 - CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback, for 4 proposed single-family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Tentative Parcel Map SUBTPM16038, Development Review DRC2003-00015, Tree Removal Permit DRC2003-00419, and Minor Exception DRC2003-00016. (Continued from October 1,2003). RECOMMENDATION: Staff recommends that the City Council deny the appeal and approve the Tentative Parcel Map, Development Review, and Variance, subject to the alternative design. CiTY COUNCIL STAFF REPORT DRC2003-00017, SUBTPM16-38, DRC2003-00015 - CARNEY November 5, 2003 Page 2 BACKGROUND: The Planning Commission reviewed the request at their regularly scheduled meeting on August 27, 2003. At that time, the Commission received a staff report and took public testimony from residents in the surrounding neighborhood. Several residents testified against the Variance because of concerns with neighborhood compatibility. The public hearing was closed and the Commission discussed the project. The Variance was approved by a vote of 3-0 with one abstention (McPhail) and one absentee (Stewart). Judith Biewener, a resident who lives across the street from the proposed development, appealed this decision to the City Council in a timely manner. The Planning Commission reconsidered the Variance on October 8, 2003, because the original advertisement and Resolution of Approval did not adequately describe the proposed Variance for the reduced lot depth and reduced front yard setback on Lot 3. ANALYSIS: A. General: The applicant originally requested flexibility from the following City standards: · Lot depth - Reduce lot depth from 100 feet to 80 feet on Lots I and 2 · Lot depth - Reduce lot depth from 100 feet to 72 feet on Lot 3 · Front Setback - Reduce frorc 32 feet to 25 feet 8 inches on Lot 3 The .817 acre property is long and narrow and is proposed to be subdivided into four parcels ranging in size from 7,246 square feet to 12,358 square feet. The minimum net average lot size in the Low Residential District is 8,000 square feet and the four proposed parcels comply with this standard. The site is surrounded on all sides by single-family homes with an average lot size of 8,900 square feet. Each parcel will contain a two-story single-family home with a three-car garage that will face to Klusman Avenue. Klusman Avenue, north of Diamond Avenue, is currently about half the width (40 feet) of a local street. The applicant will dedicate 20 feet of his property in order to make Klusman Avenue comply with the required width of a local residential street. The subject property is an existing parcel of record and is essentially a remnant parcel from pre-incorporation. County approved subdivisions exist to the east and west. The property is unique because of its small size, long linear shape, and shallow depth. This narrow configuration is a design challenge. The project applicant applied for a Variance to reduce the lot depth from 100 feet to 80 feet to accommodate the proposed "wide-shallow" configuration. The small lot depth also resulted in the need for a Minor Exception to reduce the rear yard setback from 20 feet to 18 feet. The shallow depth is further exacerbated on Lot 3 because the curve of the cul-de-sac bulb reduces the depth of this lot from 80 feet to 72 feet and reduces the front yard setback from 32 feet to 25 feet 8 inches. ALTERNATIVE DESIGN: The applicant and staff met with surrounding residents on September 24, 2003. Four residents attended to represent their neighborhood. Staff presented an alternative (see Exhibit "C") based upon the City's standard for a reduced 25-foot radius turnaround, instead of a 38-foot radius cul-de-sac bulb. This alternative offers several advantages: 1) eliminates a need for front setback variance on Lot 3; 2) reduces the amount of CITY COUNCIL STAFF REPORT DRC2003-00017, SUBTPM16-38, DRC2003-00015 - CARNEY November 5, 2003 Page 3 variance for lot depth on Lot 3 (lot depth would be 80 feet, the same as Lots 1 and 2); and 3) works within a standard 60-foot right-of-way (no additional dedication needed from existing homeowners). Additionally, the applicant offered tq redesign the homes to reduce the footprint to eliminate a need for a minor exception for a rear setback and delete second floor windows or use frosted "non-vision" glass along the west elevations to maintain privacy of the existing neighborhood. On October 8, 2003, the Planning Commission approved the lot depth variance based upon this alternative design. APPEAL: Based upon testimony and discussions with the neighborhood residents, the following reasons form the basis of their objection to the proposed development (including the alternative design): 1. Lot Size - Residents believe that the proposed lot size is too small in comparison to their neighborhood. The proposed lots range in size from 7,247 square feet to 12,000 square feet, and the average lot size is 8,912 square feet. The proposed development exceeds the City's standard for the Low Residential zone of 7,200 square feet minimum and 8,000 square feet average lot size. The proposed lots are smaller than the existing lots to the west, which are 11,100 square feet minimum and the existing lots to the east along Klusman Avenue, which are 12,202 square feet minimum. The residents questioned whether the lots could accommodate swimming pools. The alternative design provides a 20-foot rear yard setback that is wide enough for a standard size pool. In addition, the lots all have substantial side yard setbacks that would allow sufficient room for pools. 2. Density - Residents questioned the appropriateness of the proposed density. The Rancho Cucamonga Municipal Code Section 17.02.140 defines density as "the total number of dwelling units in a project site, divided by the gross area of the project site." The gross area is defined as "the entire area within the boundaries of a project site, building, or lot, measured to the centerline of adjoining street rights of way" (Rancho Cucamonga Municipal Code 17.02.140). The gross area of the project site as measured to the centerline of Klusman Avenue and Diamond Avenue, is 1.108 acres; therefore, up to 4 homes are allowed in the Low Residential zone (2-4 dwelling units per acre). Project density is 3.61 dwelling units per acre. 3. House Size - Residents believe that the proposed homes are too large for their neighborhood. The proposed Floor Plans are 2,482 square feet and 2,855 square feet, whereas, the typical home in the neighborhood is 1,600 square feet according to residents. Larger homes typically translate into higher sales prices, which will raise property values in the neighborhood. 4. On-Street Parking - Residents believe that not enough parking will be available on Klusman Avenue. Currently, Klusman Avenue has only been improved on the east (residents) side. This development would complete the missing street improvements on the west side, thus doubling the on-street parking capacity. Also, all of the proposed homes have 3-car garages, which exceeds the City's standard of 2-car garage off-street parking, and reduces the demand for on-street parking. CITY COUNCIL STAFF REPORT DRC2003-00017, SUBTPM16-38, DRC2003-00015 - CARNEY November 5, 2003 Page 4 CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to ail property owners within a 300-foot radius of the project site. A meeting was held with the adjoining residents on September 24, 2003. Respectfully submitted, City Planner BB:DC:mlg Attachments: Exhibit "A" - Site Utilization Plan Exhibit "B" - Site Plan/Alternative Site Plan Exhibit "C" - Conceptual Grading Plan Exhibit "D" - Tentative Parcel Map Exhibit "E" - Tree Removal Permit Exhibit "F" - Building Elevations and Floor Plans (Original Design) Exhibit "G" - Design Review Committee Action Agenda dated June 17, 2003 Exhibit "H" - Initial Study Parts I and 11 Exhibit "1" Variance/Minor Exception Justification Letter from Applicant Exhibit"J" - Planning Commission Minutes dated August 27 and October 8, 2003 Draft Resolution of Approval for Tentative Parcel Map SUBTPM16038 Draft Resolution of Approval for Development Review DRC2003-00015 Draft Resolution of Approval for Variance DRC2003-00017 SU-1 SITE PLAN LOT ~ --- 7 .... 1 ~---- ~ ~r-~ ! ~ F ~-¢ ~ ~ .... ~ i/(, I ] --~ ~J , , , bi I L] I ~ -----~ I : I: I ' I CONCEPTUAL ¢~' "¢ &' '" I I ?;:::::;'~ TENTATIVE PAR()EL MAP INo. 160581 CONCEPTUAL GRADINg PLAN TENTATIVE PARCEL MAP No. 16038 TENTATIVE PARCEL MAP No. 16058 ---~--~. .... ~AS~S of BEARING / "~ .... ~,~__L----~ ~ ,~ ......... c oo&,-oo ,tcf Tree Removal Permit A Ordinance No. 276, pertaining to the preservation of trees o,n private property, requires that no person remove or relocate any woody plants in excess of fifteen (15) feet in height and having a single trunk cimumference of fifteen (15) inches or more and multi-trunks having a circumference of thirty (30) inches or more (measured twenty-four (24) inches from g~ound level), without first obtaining a Tree Removal Permit from the City. Application is to remove (choose one): ~;~ 5 trees or less [] 50 feet of windrows or less [] 6 trees or more* [] 51 feet of windrows or more* Related Development Application:*. ~'C *Note: When associated with a development application or involves removing 6 trees or more/51 feet of windrows or more requires,a 10-calendar day notification peded of all adjacent property owners. Location of Subject Site: /~///~_x~ ~'v~_.~'~ZC~' Name, Address, Telephone of Applicant: ~r::~/~. Name, Address, Telephone of Property Owner (if other than applicant): Reasons for Removal (attach additional sheet(s)it necessary): Pro~ ~e~s Signa~m: This application shall Include a Site Plan indicating location of all trees to be removed and retained. The Site Plan the Iocat on of the hopse/garage and other improvements. The species, number, and size of the trees to be so designated. If a tree is diseased, then a written statement from a licensed arborist stating the nature of the disease ehal113e required. Application fee as established by City Council Resolution. APPROVED [] DENIED/I .j Condition of the trees? .~\/~---~'~ ~ Any safety hazards to persons, adjacent property or utility installations? 3. Any conflict with proposed improvements? i 4. Proximity of other trees In the area? 5. Effect of tree removal on the aesthetics of the area and the public health, safety and Warfare. 6. Are any of the trees required to be preserved by any specific plan, condition of approval, or historic land.mark designation? 7. Is an arborist required? ,.~. o~/l:n rm_e/C, ou nter/TREER-N D.d0c/mv.04/24/2002 FLOOR PLANS DESIGN REVIEW COMMENTS 8:30 p.m. Rick Fisher June 17, 2003 ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEVV DRC2003 00015- CARNEY- A request to develop four single-family homes on a .817 acres of land in the Low Residential Distdct (2-4 dwelling units per acre, located on the west side of Klusman Avenue, north of Diamond Avenue -APN: 1062-401-05. Related files: DRC2003-00016, DRC2003-00017, and SUBTPM 16038. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038- CARNEY- A request to subdivide a .817 acres of land into 4 parcels in the Low Residential Distdct (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of diamond Avenue - APN: 1061-401-05. Related files: DRC2003-00015, DRC2003-00016, and DRC2003-00017. Desiqn Parameters: The one-acre property is long and narrow and will be subdivided into four parcels ranging in size from 7,246 square feet to 12,358 square feet. The site is surrounded on all sides'by single-family homes on an average lot size of 11,000 square feet. Each parcel will contain a two-story single-family home with three-car garage that will front-on Klusman Avenue. There will be two floor plans of 2,424 square feet and 2,855 square feet and each will contain a kitchen, living reom, dining reom, family reo,m, three bedrooms and three bathrooms. A 6-foot block wall exists along the west property line and new 6-foot high block walls will be constructed between the homes and along the street side yard of future Lot 1. The narrow configuration of the lot has made development of this property difficult. The applicant has applied for a Vadance to reduce the lot depth from 100 feet to 80 feet, and to allow an average front yard setback distance of 35 feet instead of the required 37 feet, to accommodate the proposed "wide-shallow" lot configuration. The small lot depth has also resulted in the need for a Minor Exception to reduce the rear yard setback from 20 feet to 18 feet. The exterior of the homes will be comprised of a bdck veneer at the base of the buildings, stucco and painted Masonite wood on the sides, wood shutters around specific windows, composite roof tiles designed to simulate wood shake shingles, dual glazed windows, and painted wood railings surrounding covered front porch areas. The three-car garages will contain roll up doors with windows. Klusman Avenue, north of Diamond Avenue is currently about half the width (40 feet) of a local street and terminates at a 4-foot high block wall located near the mid-point of future Lot 3. A portion of the street will be extended northward to allow access to future Lot 4. However, the applicant will not complete the remainder of the cul-de-sac bulb because the property to the east is under different ownership. The owner of this property will be responsible for completing the cul-de-sac bulb when he develops his property. Access to future Lot 4 will be compromised by this situation as will tum around ability of cars on Klusman Avenue. The applicant will dedicate 20 feet of his property in order to make Klusman Avenue comply with the required width of a local street. Instead, a future street will eventually connect with the terminus of Klusman Avenue and will be constructed by the developer of the property east of this site. Staff Comments==: The following comments are intended to provide an outline for Committee discussion. DRC COMMENTS DRC2003-00015 AND SUBTPM16038- CARNEY June 17, 2003 Page 2 Maior I~sues: The following broad design issues will be the focus of Committee discussion regarding this project: 1. Variance: Applicant has filed a Variance to reduce the lot depth from 100 feet t° 80 feet and to allow an average 35-foot front yard setback rather than the required 37-foot average front yard setback. Staff believes that the property's narrowness is a unique situation that warrants consideration of variance, 2, Minor Exception: Applicant has filed a Minor Exception to reduce the rear yard setback from 20 feet to 18 feet. Again, because of the lack of sufficient depth of the existing property, staff believes warrants consideration of flexibility from the Code standard. ~: Once all of the major issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: 1. Provide better 360-degree amhitecture by carrying more elements from front elevations to the sides and rear. For example, window shutters, and accent siding. Staff Recommendation: Staff recommends that the Design Review Committee recommend approval, subject to working out the suggestions above with staff, prior to scheduling for the Planning Commission. De~iqn Review Committee Action: Members Present: Pam Stewart, Dan Coleman Staff Planner: Rick Fisher The Committee recommended approval subject to revising the drawings as listed below prior to scheduling the project for Planning Commission: 1. Plan 1: Break up the large living room roof mass on the front elevation with either two dormers or one larger dormer. Increase the size of the support posts around the front pomh to give them a sturdier appearance. Building materials used on the front elevation should be used on the sides and rear of the house. Provide more articulation to the building, 2. Plan 2: Enhance the front entrance and porch area so that it becomes the focal point of the house. This can be achieved by increasing the size of the support columns, enhancing the gable above the front door, and providing more detailing around the front door. Building materials used on the front elevation should be used on the sides and rear of the house. Additional articulation should be provided to the second floor rear elevation, such as a pop-out. ENVIRONMENTAL INFORMATION FORM (Part I - Initial Study) ~ e,'F~-,cho Cuc~n~ng~ (Please ~ype or prilff c~Hy u~ing Ink. Use ~e ~b key ~ m~ ~ ~ I1~ ~ ~ ~ I~ IN~OMPLEXE APPL ICA TION$ WJLL NOJ~ BE PROCE$$F-,D. Please note that It is the msponslbifify of the applicent to ensure that the eppllcetlon is complete at the time of submittal City S-taft will 13or be available to perform work required to provfde rnl~alng Information. 1/4~. (,,v_,~..'~ FAX. 1/d .~.~,~ - ~5ol Name & Address of per~on preparing this fotril (If diftemnt fror~ above)t .,~,, '" ~x. 7/.~.r_~w. T~ho~ Nu~,:. 7/~ ' ~,r~.~ ' C~eated on 5/22/2002 4:09 PM Envlmnm~mtaJl~doForm 1.doc 3~)'<'~ Information indicated by an esferlsk (') is not required of non-con~rucEon CUP's units othe~i~ mq~st~ by ~ff '1) P~vlde a ~fl ~le (~1~ x 1 I) ~py of the' USGS Quadrant Sheet(s) whl~ I~clude~ ~e ~ ~. and i~ 2) P~vfde a set of ~ pho~gmphs that show ~pmsenta~ Hews ~ the sfle ~ the n~, ~h, ee~ and ~; v~ws in~ and f~m the si~ f~ ~e pfl~ ac~ poihts ~at se~ the ~; e~ m~sente~ v~ ~ $i~nfficant fe~tu~s ~ the sfle. Include a map sho~ng ~ ~ each pho~mph. 4) Asses~ Pa~el Num~ (a~ch edd~l s~et ~ nece~): ' f ~ ~ -- ~0 ] -- ~ dedications): ...... 7) Describe any propo~ed general ple~? arnendme~ or zone change which woul~ a~K:t the I~Je~ site [at~ach edditioAet sheet If nec~.~e~y): 8) Ir~ude a description of ell perm,s which ~11 ~ n~ ~ ~e CI~ ~ Ra~o C~ a~ ~ go~mmental age.s ~ ~er to ~1~ Im~nt the p~j~ D~c~ the phy~l seffi~ of ~ ~e ~R exists ~ ~e p~le~ I~cludJng ~ ~ ~PhY~ ~ ' De~ eny 9) ~bl~, flents and enimels, ~fum t~es, tmils a~ ~d$, dmlnage courses, and ~n~ e~. use of [~e $~um~ A~ch p~phs ~ exl~ ~ms ~ ~e (l~ing a~ end ~) a~ the ~o~g~l ~ ~ ~, sight, ant ~tums ~. In add. n, ~ afl s~es of inf~n ~a~ ~ ~2 4~ ~ 10) Describe the known cultural end/or historical aspects of the site. C~te all sources of Information (books, published reports end oral I f) Desc~fbe any noise sources and their levels that ~w affect the .s/re (alm. ra~ roadway noise, etc.) ancl how they w#/ affect proposed uses: ~ 2) Descrlba the proposed project In deta//, This should provide a~ adeCluete description of the site ~ tern?ns use that will result from the propo~d project. Indicate ~f there are pmpo~e~Y phe~e$ for development, the extent of development to ¢~.cur with each phase, ertl the anticipated completlon of each increment. Attach eddl#onel sheet(s) If nsoessery: ~ Cm~ on E nvfro~tmerffallnfo FO rm I .do~ ~ 3) De$cdbe the surrounding properties, including information on plants and animals and any cultural, histoflcal, or .~cenlc aspeCts. IndiCate the type of/and use (re$idenfisl, commercial, etc.), intensity of land use (one-family, apartment houses, shops, department stores, etc.) eod scale of deve,~:~pmont (height, frontage, setback, mar ye~l, etc.): 14) Will the proposed project c..henge the pattern, ~soete or cherac~r of the surroundlr~g general eree of fha p~oject? 15) Indicate tile type of short-term and Ic~'~g-~enn noise to be generated, thC, Iud/rig source end emoul~t. How will fhe~e nOJse levels effacf edjecent propertles and on-s-~le use$. Whet methods of soundproormg efe proposed? '~ 6) Indicate proposed removals ancYor replecemer~$ of mature or $~enlc trees: _ ~ 7) Indicate any bodies of water (including domestic water supplies) into which the site drains: ~ ~ Created o~1 ~002 4;09 PM F nviro~mentallnfoFo~'~ '1 .dec 18) Indicate expected amount of w~ter usage. (See Attachment A for usage est/metes). For further clarification, please contact the Cucamonga County Weler District et 987-25gf. a. Residential (gaYday) Z0~ Peak use (gel/Day) b. Commercial/Ind. (gal/day/ac) Peek use (gal./rain/ac) f g) Indicate proposed method of sewage disposal, ~] Septic Tank ]~Sewer. If septic tanks are propo,~ed, effach percolation ta~'ls. If discharge to · aent/ery sewage system is proposed indicate expected dally sewage genecation: (See Attachment A for usage estimates). For further cleriflc, etton, please contact the Cucamonga County Water Di$~ct et 987-25911. e. Residential (geL/day) b. Commercia!/Indusbfe! (gel/day/ac) . .. RESIDENTIAL P, ROJE.CT$: 20) Number of msidentlal unit~: ps,ached {indicate range of parc. al sizes, minimum lot size end maximum lot size: z~? I, 7., ??? ~ r?. zof ~ ~., 0+7 ...~, £r. _ ~ched (indic, am whether unifs ere rental ~r for sale unl~): 21,) Anticipated range of~.~ prices end/or rents: Rent [per month) $ to $ 22) Specify number of bedn~orns by unit type: Greeted off 5/22/2002 4:0g PM Em, ironmerltatln roForm I .doc 24) Indicate the expected number of school children who will be re.siding within the prejec~: ContaCt the appropriate .~chool DJ.5~dct$ as shown J~l A~echment B: 8. Elernente~y: ~ b. Junior High: c. Senior High COMMERCIAL~ INDU,S. TRIAL AND IESTITUTIONAL PROJECTS. 25} Describet3~pe~fu$e($)~ndm~j~rfunct~n($)~fc~mmercta~ndu~ri~rins~tu~n~uses:-_ 26) Totalfl~orarea ofcommercial, Indu~fial, orin~Utu~onaluses bytype: 30) E~timetlon of the number of workers to be hired thet currenlfy re$1de it3 the OW: '31) For comme/~ial end industrial uses only, indicate the source, type end amount of air pollution emissions. (Date ahoutd be vedfied through the South Coast Air Quality Management District, at (8 fa) 572-6283): ~ C~eah~d on S~22/2002 4:09 PM Env,ronme~,,lnfoForm ' .doc C~<~7 _ALL PROJECTS 32) Have the wa,er, sewer, tim, end flood centre! egencles serving the pr~ect been contacted to determine their eblllly to provide ede~luate service to the proposed project? If so, please indicate their response, 33) In the know~ history of ~his property, has ~hare been any use, storage, or di$chaqTe of hazardous end/or toxic marshals? Examples of hezetdou~ end/or toxic rneteflel$ include, bur em not I~m~fed to PCB's; red'~oecttve substances; pesticides end heKoicides; fuels, oils, sol~ents, end other flsmnleble liquids end oe~e$. Also note underground storage of any of the above. Please Ilsf the materiels end descrfbe their use, storage, end/or discharge on the propelf3/, es es the deles of use. fi/mown.' rltatedelso Includlr~g but not limited tO those examples ilste~ e~e'f fi yes, provloe en mvemory o, ~. ~u .~ . be used end proposed method of disposal. The location of such uses, along with the Storage and shipment ames. shell be shown and labeled on the applicetlo~ ~lens. hat the statements furnished above and in the attached exhibits present the date end ~nforme§On requl~d for I hereby carllfy ~ ....................... .~- -~*,-.~nts sndlnforrnetJonprasentedemb'ueendcormc~ adequate evsluehon of this projec~ ~o me oe~ or my e?~_~.Z ~e.~ ~_~,~.=~;~..~ may be reeulmd to be submitted before an lot he be~ Of my knowledge snd bellef. I furlber uneer~mno r.a~ auu,.~,-o ................ adequate evaluation cee be made by the Cify of Rancho Cucemor~ge. Created on 5/22/2002 4;0~ PM E nvi~,~n m. ntall, fo Forth 'l.do¢ 3C~ City of Rancho Cucamonga - ENVIRONMENTAL CHECKLIST FORM INITIAL STUDY PART II BACKGROUND 1. Project File: Parcel Map SUBTPM16038 and Development Review DRC2003-00015 2. Related Files: Variance DRC2003-00017, Minor Exception DRC2003-00016, and Tree Removal Permit DRC2003-00419 3. Description of Project: DEVELOPMENT REVIEW DRC2003-00015 - CARNEY - A request to develop four single-family homes on .817 acres of land in the Low Residential (2-4 dwelling units per acre) District, located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Variance DRC2003-00017, Minor Exception DRC2003-00016 and SUB3-]'16038. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM 16038 - CARNEY - A request to subdivide .817 acres of land into 4 parcels in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Minor Exception DRC2003-00016, Variance DRC2003-00017. 4. Project Sponsor's Name and Address: Cecil Carney 12841 Newport Avenue Tustin, CA 92780 5. General Plan Designation: Low Residential (2-4 dwelling units per acre) 6. Zoning: Low Residential (2-4 dwelling units per acre) 7. Surrounding Land Uses and Setting (Briefly describe the project's surroundings): Single-family residences on minimum 10,000 square foot lots to the north, west, and east. Also to the east are a few vacant parcels. To the south is a Metropolitan Water District right-of-way containing a mainline water pipe. 8. Lead Agency Name and Address: City of Rancho Cucamonga Planning Division 10500 Civic Center Drive Rancho Cucamonga, CA 91730 9. Contact Person and Phone Number: Rick Fisher, Contract Planner (909) 477-2750 10. Other agencies whose approval is required (e.g., permits, financing approval, or participation agreement): Cucamonga County Water District sewer and water connections Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 2 GLOSSARY - The following abbreviations are used in this report: EIR - Environmental Impact Report FFIR - Final Fnvironmental Impact Report NOx- Nitrogen Oxides ROG - Reactive Organic Gases PM~o - Fine Particulate Matter RWQCB - Regional Water Quality Control Board SCAQMD - South Coast Air Quality Management District URBEMIS7G - Urban Emissions Model Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," "Potentially Significant Impact Unless Mitigation Incorporated," or "Less Than Significant Impact" as indicated by the checklist on the following pages. ( ) Aesthetics ( ) Agricultural Resources (,") Air Quality' (v') Biological Resources (v') Cultural Resources (v') Geology/Soils ( ) Hazards & Hazardous (v') Hydrology/Water Quality ( ) Land Use/Planning Materials ( ) Energy and Mineral Resources ( ) Population/Housing ( ) Mineral Resources (v') Noise ( ) Transportation/Traffic ( ) Public Services ( ) Recreation ( ) Utilities/Service Systems (v~) Mandatory Findings of Significance DETERMINATION On the basis of this initial evaluation: () I find that the proposed project COULD NOT have a significant effect on the environment. A NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by, or agreed to, by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. () I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. () I find that the proposed project MAY have a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eadier document pursuant to applicable legal standard and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. () I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an eadier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared By: ~,~.. ~ Date: Reviewed By: (// ~/~ ~, ~.~,~ ~.....~Date: Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 4 Issues and Supporting Information Sources: PolentJ~ly 'e~th Tllan EVALUATION OF ENVIRONMENTAL IMPACTS 1. AESTHETICS. Would the project: a) Have a substantial affect a scenic vista? ( ) ( ) ( ) (,~') b) Substantially damage scenic resoumes, including, but ( ) ( ) ( ) (-/) not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? c) Substantially degrade the existing visual character or ( ) ( ) ( ) (v') quality of the site and its surroundings? d) Create a new soume of substantial light or glare which ( ) ( ) (,/') ( ) would adversely affect day or nighttime views in the area? Comments: a) There are no significant vistas within or adjacent to the project site. The site is not within a view'corridor according to General Plan Exhibit 111-15. b) The project site contaJns no scenic resoumes and no historic buildings within a State Scenic Highway. There are no State Scenic Highways within the City of Rancho Cucamonga. c) The site is located in a residential neighborhood and is characterized by 1- and 2-story singte-family detached residences to the north/south/east/west. In addition, there are vacant parcels of land to the east and vacant parcel to the south that contains a Metropolitan Water District pipe. The visual quality of the area will not degrade as a result of this project. Design review is required prior to approval. City standards require the developer to underground existing and new utility lines and facilities to minimize unsightly appearance of overhead utility lines and utility enclosures in accordance with Planning Commission Resolution No. 87-96, unless exempted by said Resolution. d) The project will create new light and glare because the site is currently vacant. The design and placement of light fixtures will be shown on plans which require review for consistency with City standards that requires shielding, diffusing, or indirect lighting to avoid glare. Lighting will be typical of that found in residential neighborhoods. The impact is not considered significant. 2. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or ( ) ( ) (,/) ( ) Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a ( ) ( ) ( ) (v') Williamson Act contract? c) involve other changes in the existing environment ( ) ( ) ( ) (./) which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 5 Issues and Supporting Information Sources: s~gn~r.~t ~i~o~ s~t .o Comments: a) The site is located in a residential neighborhood and is characterized by 1- and 2-story. single-family detached residences to the north/south/east/west. In addition, there are vacant pamels of land to the east and vacant parcel to the south that contains a Metropolitan Water District pipe. There are approximately 1,300 acres of Prime Farmlands, Unique Farmland or Farmland of Statewide Importance within the City of Rancho Cucamonga, of which about one-third is either developed or committed to development according to General Plan Table IV-2. The major concentrations of designated farmlands are located in the southern and eastern portions of our City that is characterized by existing and planned development. Further, two-thirds of the designated farmlands parcels are small, ranging from 3 acres to 30 acres, and their economic viability is doubtful; therefore, they are not intended to be retained as farmland in the General Plan Land Use Plan. The General Plan FEIR identified the conversion of farmlands to urban uses as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) There is no agriculturally zoned land within the City of Rancho Cucamonga. There are no Williamson Act contracts within the City. c) The site is located in a residential neighborhood and is characterized by 1- and 2-story single-family detached residences to the north/south/east/west. In addition, there are vacant parcels of land to the east and vacant parcel to the south that contains a Metropolitan Water District pipe. The nearest agricultural use, a citrus orchard is .2 miles east from the project site. Therefore, no adverse impacts are anticipated. 3. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation of the ( ) ( ) ( ) (v') applicable air quality plan? b) Violate any air quality standard or contribute ( ) (v') ( ) ( ) substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of ( ) ( ) ( ) (v') any criteria pollutant for which the project region is non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors? d) Expose sensitive receptors to substantial pollutant ( ) (/) ( ) ( ) concentrations? e) Create objectionable odors affecting a substantial ( ) ( ) ( ) (,") number of people? Comments.'. a) As noted in the General Plan FEIR (Section 5.6), continued development will contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and State standards. The General Plan FEIR identified the citywide increase in emissions as a significant unavoidable adverse impact for which a statement of overriding conditions Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 6 Issues and Supporting Information Sources: was ultimately adopted by the City Council. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. b) During the construction phases of development, on-site stationary sources, heavy-duty construction vehicles, construction worker vehicles, and energy use will generate emissions. In addition, fugitive dust would also be generated during grading and construction activities. While most of the dust would settle on or near the project site, smaller particles would remain in the atmosphere, increasing particle, levels within the surrounding area. Construction is an on-going industry in the Rancho Cucamonga area. Construction workers and equipment work and operate at one development site until their tasks are complete. They then transfer to a different site where the process begins again. Therefore, the emissions associated with construction activities are not new to the Rancho Cucamonga area and they would not violate an air quality standard or worsen the existing air quality in the region. Nevertheless, fugitive dust and equipment emissions are required to be assessed by the South Coast Air Quality Management District (SCAQMD) on a project-specific basis. Therefore, the following mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1. All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2. Prior to the issuance of any grading permits, developer shall submit construction plans to City denoting the proposed schedule and projected 'equipment use. Construction contractors shall provide evidence that Iow emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures Imposed by the SCAQMD as well as City Planning staff. 3. All paints and coatings shall meet or exceed performance standards noted In SCAQMD Rule 1113. Paints and coatings shall be applied either by hand or high volume, Iow-pressure spray. 4. All asphalt shall meet or exceed performance standards noted In SCAQMD Rule 1108. 5. All construction equipment shall comply with SCAQMD Rules 402 and 403. Additionally, contractors shall include the following provisions: · Reestablish ground cover on the construction site through seeding and watering. · Pave or apply gravel to any on-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. · Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. · Dispose of surplus excavated material In accordance with local ordinances and use sound engineering practices. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 7 I Potemial~ LeSSW'~ Then Issues andSupport!ngInformationSources: I I I I Sweep streets according to a schedule established by the CI~ if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling, Timing may va~ depending upon time of year of construction, . Suspend grading operations during high winds (Lo., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using turps or other suitable means. 6. The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PM~0 emisslons, in accordance with SCAQMD Rule 4~. 7. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain Inactive for 96 hours or more to reduce PM~0 emissions. 8. The construction contractor shall utilize electric or clean alternative fuel powered equipment where feasible. 9. The construction contractor shall ensure that construction-grading plans include a statement that work crews will shut off equipment when not in use. After implementation of the preceding mitigation measures, short-term construction air quality emissions would remain significant as noted in the General Plan FEIR (Section 5.6). Based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR, Nox, ROG, and PM~o would exceed SCAQMD thresholds for significance; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The General Plan FEIR identified the cifywide increase in emissions as a significant unavoidable adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. In the long-term, development consistent with the General Plan would result in significant operational vehicle emissions based upon on the URBEMIS7G model estimates in Table 5.6-4 of the General Plan FEIR; therefore, would all be cumulatively significant if they cannot be mitigated on a project basis to a level less than significant. The following mitigation measures shall be implemented: 10. All residential and commercial structures shall be required to incorporate high efficiency/Iow polluting heating, air conditioning, appliances, and water heaters. 11. All residential and commercial structures shall be required to incorporate thermal pane windows and weather-stripping. After implementation of the preceding mitigation measures, the General Plan FEIR identified the citywide increase in operational emissions as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by the City Council. c) As noted in the General Plan FEiR (Section 5.6) continued development would contribute to the pollutant levels in the Rancho Cucamonga area, which already exceed Federal and Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 8 Issues and Suppoding Information Sources: I ,.,P~ I,~q~'.~ I ,w,~ I ,.~ I State standards. The General Plan FEIR identified the citywide increase in emissions as a significant and adverse impact for which a Statement of Overriding Considerations was ultimately adopted by the City Council. The project proposed is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. d) Sensitive receptors are defined as populations that are more susceptible to the effects of pollution than the population at large. The SCAQMD identifies the following as sensitive receptors: long-term health care facilities, rehabilitation centers, convalescent centers, retirement homes, residences, schools, playgrounds, child care centers, and athletic facilities. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. According to the SCAQMD, projects have the potential to create significant impacts if they are located within 1/4 mile of sensitive receptors and would emit toxic air contaminants identified in SCAQMD Rule 1401. The project site is located within 1/4 mile of a sensitive receptor. Potential impacts to air quality are consistent with the Public Health and Safety Super-Element within the Rancho Cucamonga General Plan. During construction, there is the possibility of fugitive dust to be generated from grading the site. The mitigation measures listed under b) above will reduce impact to less-than-significant levels. e) Typically, the uses proposed do not create objectionable odors. No adyerse impacts are anticipated. 4. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or ( ) ( ) ( ) (v') through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on riparian habitat ( ) ( ) · ( ) (v') or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ( ) ( ) ( ) (v') protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastaJ, etc.) through direct removal, filling, hydrological interruption, or other means? d). interfere substantially with the movement of any native ( ) ( ) ( ) (v') resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances ( ) ( ) ( ) protecting biological resources, such as a tree preservation policy or ordinance? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 9 Issues and Supporting Information Sources: Significant MitigafJon Sig~flcant f) Conflict with the provisions of an adopted Habitat ( ) ( ) ( ) (v') Conservation Plan, Natural Community conservation Plan, or other approved local, regional, or State habitat conservation plan? Comments: a) The project site is located in an area developed with single-family residential uses. The site has been previously disrupted during construction of infrastructure and surrounding developments/annual disking for weed abatement. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resources; therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. b) The project site is located in an urban area with no natural communities. No riparian habitat exists on-site, meaning the project will not have any impacts. c) No wetland habitat is present on-site. As a result, project implementation would have no impact on these resoumes. d) The majority of the surrounding area has been or is being developed, thereby disrupting any wildlife corridors that may have existed. No adverse impacts are anticipated. e) There are a five heritage trees on the project site. The applicant has applied for Tree Removal Permit DRC2003-00419 to remove all five trees. As mitigation for removal the City's Tree Preservation Ordinance requires replacement. The following mitigation measure shall be implemented: 1. Tree removal shall require replacement planting on a one-for-one basis with the largest nursery grown specimens available as determined by the City Planner, f) The project site is not located within a conservation area according to the General Plan, Open Space and Conservation Plan, Exhibit IV-4. No conflicts with habitat conservation plans will occur. 5. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the ( ) ( ) ( ) ('/) significance of a historical resoume as defined in § 15064.5? b) Cause a substantial adverse change in the ( ) ('/) ( ) ( ) significance of an archeological resoume pursuant to § 15O64.5? c) Directly or indirectly destroy a unique paleontological ( ) ('") ( ) ( ) resource or site or unique geologic feature? d) Disturb any human remains, including those interred ( ) ( ) outside of formal cemeteries? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 10 Comments: a) The project site has not been identified as a "Historic Resource" per the standards of Rancho Cucarnonga Municipal Code Section 2.24 (Historic Preservation). There will be no impact. b) There are no known archeological sites or resoumes recorded on the project site; however, the Rancho Cucamonga area is known to have been inhabited by Native Americans according to the General Plan FEIR (Section 5.11). Construction activity, particularly grading, soil excavation and compaction, could adversely affect or eliminate existing and potential amhaeological resoumes. The following mitigation measures shall be implemented: 1. If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: · Enact Interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. · Consider establishing provisions to require Incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point. · Pursue educating the public about the area's archaeological heritage. · Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archivlng. c) The General Plan FEIR (Section 5.11) indicates that the Rancho Cucamonga area is on an alluvial fan. According to the San Bernardino County database, no paleontological sites or resources have been recorded within the City of Rancho Cucamonga or the sphere-of-influence, including the project site; however, the area has a high sensitivity rating for paleontological resoumes. The older alluvium, which would have been deposited during the wetter climate that prevailed 10,000-100,000 years ago during the Late Pleistocene epoch of the Quaternary period, when the last "Ice Age" and the appearance of modem man occurred, may contain significant vertebrate fossils. The project site is underlain by Quaternary alluvium per General Plan Exhibit V-2; therefore, the following mitigation measures shall be implemented: 2. A qualified paleontologist shall conduct a preconstructlon field survey of the project site, The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (I.e., paleontological monitoring) that may be appropriate. Where mitigation Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 11 Issues and Supporting Information Sources: I '"~P~ I,~oq~t~d I '~ I '"~ I monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. · Should fossils be found within an ama being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. d) The proposed project is in an area that has already been disturbed by development. The project site has already been disrupted by construction of infrastructure and surrounding developments/annual disking for weed abatement. No known religious or sacred sites exist within the project area. No adverse impacts are anticipated. 6. GEOLOGY AND SOILS. Would the projech. a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as ( ) . ( ) ( ) ('/) delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ( ) ( ) ( ) (~') iii) Seismic-related ground failure, including ( ) ( ) ( ) ('/) liquefaction? iv) Landslides? ( ) ( ) ( ) (~') b) Result in substantial soil erosion or the loss of topsoil? ( ) (v') ( ) ( ) c) Be located on a geologic unit or soil that is unstable, ( ) ( ) ( ) ("') or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table ( ) ( ) ( ) ('") 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property?. e) Have soils incapable of adequately supporting the use ( ) ( ) ( ) ('/') of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 12 Issues and Supporting Information Sources: PotentiallyW1U1 Tilar~ CommentS_.' a) No known faults pass through the site and it is not in an Earthquake Fault Zone, nor is it in the Rancho Cucamonga City Special Study Zone along the Red Hill Fault, according to the General Plan Exhibit V-l, and Section 5.1 of the General Plan FEIR. The Red Hill Fault, passes within 1.6 miles south of the site, and the Cucamonga Fault Zone lies approximately 1.6 miles north. These faults are both capable of producing Mw 6.0-7.0 earthquakes. Aisc, the San Jacinto fauif, capable of producing up to Mw7.5 earthquakes is 7 miles northeasterly of the site and the San Andreas, capable of up to Mw 8.2 earthquakes, is 12 miles northeasterly of the site. Each of these faults can produce strong ground shaking. Adhering to the Uniform Building Code will ensure that geologic impacts are less than significant. b) The Rancho Cucamonga area is subject to strong Santa Aha wind conditions during September to April, which generates blowing sand and dust, and creates erosion problems. Construction activities may temporarily exacerbate the impacts of windblown sand, resulting in temporary problems of dust control; however, development of this project under the General Plan would help to reduce windblown sand impacts in the area as pavement, roads, buildings, and landscaping are established. Therefore, the following fugitive dust mitigation measures shall be implemented to reduce impacts to less-than-significant levels: 1. The site shall be treated with water or other soil stabilizing agent (approved by SCAQMD and RWQCB) daily to reduce PMto emissions, In accordance with SCAQMD Rule 403. 2. Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon time of year of construction. 3. Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emissions from the site during such episodes. 4. Chemical soil stabilizers (approved by SCAQMD and RWQCB) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PMlo emissions. c) The General Plan FEIR (Section 5.1) indicates that subsidence is generally associated with large decreases or withdrawals of water from the aquifer. The project ~vould not withdraw water from the existing aquifer. The site is not within a geotechnical hazardous area or other unstable geologic unit or soil type according to General Plan FEIR Figure 5.1-2. Soil types onsite consist of Hanford Sandy Loam Soil association according to General Plan FEIR Exhibit 5.1-3. No adverse impacts are anticipated. d) The majority of Rancho Cucamonga, including the project site, is located on alluvial soil deposits. These types of soils are not considered to be expansive. Soil types on-site consist of Hanford Sandy Loam Soil association according to General Plan Exhibit V-3 ~nd General Plan FEIR Exhibit 5.1-3. These soils are typically well drained, nearly level to sloping soils that formed in recent alluvium fans. No adverse impacts are anticipated. e) The project will connect to, and be served by, the existing local sewer system for wastewater disposal. No septic tanks or alternative wastewater disposal is proposed. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 13 I pot,ntially L~an Then Issues and Supporting Information Sources: I Impact Ilncoq:)orated I ,mpa~ I '~ I 7. HAZARDS AND WASTE MATERIALS. Would the project: a) Create a significant hazard to the public or the ( ) ( ) ( ) (*/') environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the ( ) ( ) ( ) ('") environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ( ) ( ) ( ) (v') acutely hazardous materials, substances, or waste within 1/4 mile of an existing or proposed school? d) Be located on a site which is included on a list of ( ) ( ) ( ) (v') hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (V') where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, ( ) ( ) ( ) (v') would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an ( ) ( ) ( ) (',") adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of ( ) ( ) ( ) (v') loss, injury or death involving wildland fires, including where wildiands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments_: a) The project will not involve the transport, use or disposal of hazardous materials. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive that any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies. Compliance with Federal, State, and local regulations concerning the storage and handling of hazardous materials and/or waste will reduce the potential for significant impacts to a level less than significant. No adverse impacts are expected. b) The proposed project does not include the use of hazardous materials or volatile fuels. The City participates in a countywide interagency coalition that is considered a full service Hazardous Materials Division that is more comprehensive than any other in the state. The City has adopted a Standardized Emergency Management System Multi-Hazard Functional Plan to respond to chemical emergencies. Compliance with Federal, State, Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 14 Issues and Supporting Information Sources: Significant Mitigetio~ Signet. ant NO and local regulations concerning the storage and handling of hazardous materials or volatile fuels will reduce the potential for significant impacts to a level less than significant. No adverse impacts are anticipated. c) There are no schools located within 1/4 mile of the project site. The project site is located within .6 miles of the nearest existing or proposed school: Vineyard Junior High School. Typically, the uses proposed do not create objectionable odors. No adverse impacts are anticipated. d) The proposed project is not listed as a hazardous waste or substance materials site. Recent site inspection did not reveal the presence of discarded drums or illegal dumping of hazardous materials. No impact is anticipated. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. Project site is located approximately 5.5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 21/2 miles to the west of the City's westerly limits. No impact i8 anticipated. g)' The City's Multi-Hazard Disaster Plan, which is updated every two years, includes policies and procedures to be administered by the Rancho Cucamonga Fire District in the event of a disaster. Because the project includes at least two points of public street access and is required to comply with all applicable City codes, including local fire ordinances, no adverse impacts are anticipated. h) Rancho Cucamonga faces the greatest ongoing threat from a wind-driven fire in the Urban Wildland Interface area found in the northern part of the City according to the Fire District Strategic Plan 2000-2005; however, the proposed project site is not located within a high fire hazard area according to General Plan Exhibit V-7. 8. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge ( ) ( ) ( ) requirements? b) Substantially deplete groundwater supplies or interfere ( ) (v') ( ) ( ) substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pro-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) ("~) site or area, including through the alteration of the course of a stream er river, in a manner which would result in substantial erosion or siltation on- or off-site? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 15 Issues and Supporting Information Sources: Potentially W'r~h Tha~ d) Substantially alter the existing drainage pattern of the ( ) ( ) ( ) site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed ( ) ( ) ( ) (v') the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ( ) ( ) ( ) (v~) g) Place housing within a 100-year flood hazard area as ( ) ( ) ( ) (v') mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, ( ) ( ) ( ) (v') which would impede or redirect flood flows? i) Expose people or structures to a significant risk of ( ) ( ) ( ) loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ( ) ( ) ( ) (v') Comments:, a) Water and sewer service is provided by the Cucamonga County Water District (CCWD) and will not affect water quality standards or waste discharge requirements. Project is designed to connect to existing water and sewer systems. b) According to CCWD, 43 percent of the City's water is currently provided from ground water in the Cucamonga and Chino Basins. CCWD has adopted a master plan that estimates demand needs until the year 2030. The proposed project will not deplete groundwater supplies, nor will it interfere with recharge because it is not within an area designated as a recharge basin or spreading ground according to General Plan Exhibit IV-2. The development of the site will require the grading of the site and excavation; however, would not affect the existing aquifer, estimated to be about 288 to 470 feet below the ground surface. As noted in the General Plan FEIR (Section 5.9), continued development citywide will increase water needs and is a significant impact; however, CCWD has plans to meet this increased need through the construction of future water facilities. The following mitigation measure shall be implemented: 1. Structures to retain precipitation and runoff on-site shall be Integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. c) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 16 Issues and Supporting Information Sources: s~,c,,,~ I~tiga~or~ Sign~ NO handle the flows. The project design includes landscaping of all non-hardscape areas to prevent erosion. A Grading and Drainage Plan must be approved by the Building Official and City Engineer, prior to issuance of grading permits. Therefore, the project will not result in substantial erosion or siltation on- or off-site. The impact is not considered significant. d) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site; however, the project will not alter the course of any stream or river. All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A grading and drainage plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. e) The project will cause changes in absorption rates, drainage patterns, and the rate and amount of surface water runoff due to the amount of new building and hardscape proposed on a site; however, all runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. The project will not result in substantial additional soumes of polluted runoff. A Grading and Drainage Plan must be approved by the Building Official and City Engineer, prior to issuance of grading permits. Therefore, increase in runoff from the site will not result in flooding on- or off-site. No impacts are anticipated. f) Grading activities associated with the construction period could result in a temporary increase in the amount of suspended solids in surface flows during a concurrent storm event, thus resulting in surface water quality impacts. The site is not more than 1 acre; therefore, is not) required to comply with National Pollutant Discharge Elimination System (NPDES) to minimize water pollution. No impacts are anticipated. g) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. h) The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adverse impacts are expected. i) The Rancho Cucamonga area is flood protected by an extensive storm drain system designed to convey a 100-year storm event. The system is substantially improved and provides an integrated approach for regional and local drainage flows. This existing system includes several debris dams and levees north of the City, spreading grounds, concrete-lined channels, and underground storm drains as shown in General Plan Exhibit V-6. The project site is not located within a 100-year flood hazard area according to General Plan Exhibit V-5. No adveme impacts are expected, j) There are no oceans, lakes or reservoirs near the project site; therefore impacts from seiche and tsunami are not anticipated. The Rancho Cucamonga area sits at the base of the steep eastern San Gabriel Mountains whose deep canyons were cut by mountain streams. Numerous man-made controls have been constructed to reduce the mudflow impacts to the level of non-significance within the City. This existing system includes several debris dams and levees north of the City, and spreading grounds both within and north of the City. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 17 Issues and Supporting Information Sources: Po~,~ w-~ 'n~ mpact ncorpo~te~ r,~oact infect 9. LAND USE AND PLANNING. Would the project: a) Physically divide an established community?. ( ) ( ) ( ) (v') b) Conflict with any applicable land use plan, policy, or ( ) ( ) ( ) (,") regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan ( ) ( ) ( ) (,/') or natural community conservation plan? .Comments: a) The site is located in a residential neighborhood and is characterized by 1- and 2-story single-family detached residences to the north/south/east/west. In addition, there are vacant pamels of land to the east and vacant pamel to the south that contains a Metropolitan Water District pipe. This project will be of similar design and size to surrounding residential development to the (north/south/east/west). The project will become a part of the larger community. No adverse impacts are anticipated. b) The project site land use designation is Low Residential (2-4 dwelling units per acre). The proposed project is consistent with the General Plan and does not interfere with any policies for environmental protection. As such, no impacts are anticipated. c) The project site is not located within any habitat conservation or natural community plan area. According to the General Plan Exhibit IV-3, and Section 5.3 of the General Plan FEIR, the project site is not within an area of sensitive biological resoumes; therefore, development will not adversely affect rare or endangered species of plants or animals due to the fact that the project is surrounded by urbanized land uses and is consistent with the General Plan Land Use Plan. 10. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral ( ) ( ) ( ) (,,") resoume that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally imporfant ( ) ( ) ( ) (v') mineral resoume recovery site delineated on a local general plan, specific plan or other land use plan? .Comments: a) The site is not designated as a State Aggregate Resoumes Area according to the City General Plan, Figure IV-1 and Table IV-1; therefore, there is no impact. b) The site is not designated by the General Plan, Figure IV-1 and Table IV-l, as a valuable mineral resoume recovery site; therefore, there is no impact. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 18 Issues and Supporting Information Sources: SigniliC~llt Miti~a~Jo~ Significant No 11. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in ( ) (v') ( ) ( ) excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ( ) ( ) ( ) (,/) groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise ( ) ( ) ( ) (v') levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ( ) (,/) ( ) ( ) ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, ( ) ( ) ( ) (v') where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 For a project within the vicinity of a private airstrip, ( ) ( ) ( ) ('/') would the project expose people residing or working in the project area to excessive noise levels? Comments: a) The project site is not within an area of noise levels exceeding City standards according to General Plan Exhibit V-13 at build-out. The City's Development Code requires that all industrial uses be conducted within an enclosed building; hence, no adverse operational impact to nearby commemial uses is expected. The General Plan FEIR (Section 5.7) indicates that during a construction phase, on-site stationary soumes, heavy-duty construction vehicles, and construction equipment, will generate noise exceeding City standards. The following measures are provided to mitigate the short-term noise impacts: 1. Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2. Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. Developer shall hire a consultant to perform weekly noise level monitoring as specified In Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, If noise levels exceed the above standards, then the consultant shall Immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced In intensity to a level of compliance with above noise standards or halted. 2¥? Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 19 Issues and Supporting Information Sources: Significant MitigafJon Significant No The preceding mitigation measures will reduce the disturbance created by on-site construction equipment; however, do not address the potential impacts due to the transport of construction materials and debris. The following mitigation measures shall then be required: 3. Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. b) The uses associated with this type of project normally do not induce groundbome vibrations. As such, no impacts are anticipated. c) The primary source of ambient noise levels in Rancho Cucamonga is traffic. The proposed activities will not significantly increase traffic; hence, are not anticipated to increase the ambient noise levels within the vicinity of the project. d) See a) response above. e) The site is not located within an airport land use plan and is not within 2 miles of a public airport. Located approximately 5.5 miles northerly of the Ontario Airport and is offset north of the flight path. No impact is anticipated. f) The nearest private airstrip, Cable Airport, is located approximately 21/2 miles to the west of the City's westerly limits. No impact is anticipated. 12. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either ( ) ( ) ( ) · (v') directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ( ) ( ) ( ) ('/') necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating ( ) ( ) ( ) (v') the construction of replacement housing elsewhere? Comments_.' a) The project is located in a predominantly developed area and will not induce population growth. Construction activities at the site will be short-term and will not attract new employees to the area. No impacts are anticipated. b) The project site contains no existing housing units. No adverse impact expected. c) The project site is vacant land. No impacts are anticipated. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 20 Issues and Supporting Information Sources: pot~t~a,~, w-~ 'th.. 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? ( ) ( ) ( ) (*/) b) Police protection? ( ) ( ) ( ) (v') c) Schools? ( ) ( ) ( ) ('/) d) Parks? ( ) ( ) ( ) (v') e) Other public facilities? ( ) ( ) ( ) (¢*) Comments: a) The site, located near the intersection of Banyan Street and Amhibald Avenue, would be served by a Fire Station No. 171 located approximately .5 miles from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Standard conditions of approval from the Uniform Building and Fire Codes will be placed on the project so no impacts to fire services will occur. No impacts are anticipated. b) Additional police protection is not required as the addition of the project will not change the pattern of uses within the surrounding area and will not have a substantial increase in property to be patrolled as the project site is within an area that is regularly patrolled. c) The Alta Loma School District and the Chaffey Joint Union High School District serve the project area. Both school districts have been notified regarding the proposed development. A standard condition of approval will require the developer to pay the school impact fees. With this standard mitigation, impacts to the School Districts are not considered significant. d) The site is in a developed area, currently served by the City of Rancho Cucamonga. There are three parks located 1 mile from the project site. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. e) The proposed project will utilize existing public facilities. The site is in a developed area, currently served by the City of Rancho Cucamonga. The project will not require the construction of any new facilities or alteration of any existing facilities or cause a decline in the levels of service, which could cause the need to construct new facilities. Cumulative development within Rancho Cucamonga will increase demand for library services. According tO the General Plan FEIR (Section 5.9.9), the projected increase in library space under the General Plan will not meet the projected demand, The General Plan FEIR identified the cumulative impact on library services as a significant unavoidable adverse impact for which a statement of overriding conditions was ultimately adopted by Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 21 Issues and Supporting Information Sources: potentially With ~l~a~ ncorp~rated rt~oact r'npac~ the City Council. The proposed project is consistent with the General Plan for which the EIR was prepared and impacts evaluated. Since the adoption of the General Plan, the City has planned a new library within the Victoria Gardens regional shopping center of approximately 22,000 square feet, which is in excess of the projected need of 15,500 square feet at build-out of the City. 14. RECREATION. Would the project: a) Increase the use of existing neighborhood and ( ) ( ) ( ) (*/') regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or ( ) ( ) ( ) (v') require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Comments: a) The site is in a developed area, currently served by the City of Rancho Cucamonga. There are three parks located 1 mile from the project site. This project is not proposing' any new housing or large employment generator that would cause an increase in the use of parks or other recreational facilities. A standard condition of approval will require the developer to pay park development fees. No impacts are anticipated. b) See a) response above. 15. TRANSPORTATION/TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in ( ) ( ) ( ) ('/) relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ( ) ( ) ( ) (v') service standard established by the county congestion management agency for designated roads or highways? *c) Result in a change in air traffic patterns, including ( ) ( ) ( ) (v') either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ( ) ( ) ( ) (v') (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ( ) ( ) ( ) (*/) f) Result in inadequate parking capacity?. ( ) ( ) ( ) Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 22 Issues and Supporting Information Sources: Po~,.,~. ..~ 'r~ g) Conflict with adopted policies, plans, or programs ( ) ( ) ( ) (v') supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Comments: a) As noted in the General Plan FEIR (Section 5.5), continued development will contribute to the traffic load in the Rancho Cucamonga area. The proposed project is consistent with the General Plan for which the FEIR was prepared and impacts evaluated. The project is in an area that is mostly developed with street improvements existing or included in project design. The project will not create a substantial increase in the number of vehicle trips, traffic volume or congestion at intersections. The project site will be required to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site per City roadway standards, in addition, the City has established a Transportation Development fee that must be paid by the applicant prior to issuance of building permits. Fees ara used to fund roadway improvements necessary to support adequate traffic circulation. No impacts ara anticipated. b) The project will generate less than 250 two-way peak hour trips for non-retail; therefore, is below the threshold of the San Bernardino Congestion Management Plan (CMP) criteria for raquiring a traffic impact analysis. The ITE associates a trip rate of 1 peak hour trip per single-family dwelling unit. Based on this trip rate, the proposed project would generate approximately 4 two-way peak hour trips. The project is in an araa that is mostly developed with all street improvements existing. The project will not negatively impact the level of service standards on adjacent arterials. The project will be required to provide street improvements (curb, gutter and sid. ewalk) along the street frontage of the site. No impacts are anticipated. c) Located approximately 5.5 miles northerly of the Ontario Airport, the site is offset north of the flight path and will not change air traffic patterns. No impacts are anticipated. d) The project is in an araa that is mostly developed. The project will be raquirad to provide street improvements (curb, gutter, and sidewalk) along the street frontage of the site. The project design does not include any sharp curves or dangerous intersections or farming uses. The project will, therefora, not craate a substantial increase in hazards because of a design featura. No impacts ara anticipated. e) The project will be designed to provide access for all emergency vehicles and will therefora not create an inadequate emergency access. No impacts are anticipated. f) The project design has adequate parking in compliance with standards of the Rancho Cucamonga Development Code and will therefore not craate an inadequate parking capacity. No impacts are anticipated. g) The project will not conflict with any adopted policies, plans, or programs supporting alternative transportation. The City of Rancho Cucamonga has an adopted Circulation Element and Bicycle Transportation Plan. There is an existing bike route along nearby Archibald Avenue. No impacts are anticipated. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 23 Issues and Supporting Information Sources: I '"'P~ I"~°rP~ I ,,~o~ I '~ I 16. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the ( ) ( ) ( ) (v') applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ( ) ( ) ( ) (v') wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm ( ) ( ) ( ) water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects.? d) Have sufficient water supplies available to serve the ( ) ( ) ( ) (,/) project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ( ) ( ) ( ) provider, which serves or may serve the project, that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted ( ) ( ) ( ) (v') capacity to accommodate the project's solid waste disposal needs? g) Comply with Federal, State, and local statutes and ( ) ( ) ( ) (,") regulations related to solid waste? Comments[ a) The proposed project is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga. The project is required to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. b) The proposed project is served by the Cucamonga County Water District sewer system, which has waste treated by the inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. The project is requirad to meet the requirements of the Santa Ana Regional Water Quality Control Board regarding wastewater. No impacts are anticipated. c) All runoff will be conveyed to existing storm drain facilities, which have been designed to handle the flows. A Grading and Drainage Plan must be approved by the Building Official and City Engineer prior to issuance of grading permits. The impact is not considered significant. d) The project is served by the Cucamonga County Water District water system. There is currently a sufficient water supply available to the City of Rancho Cucamonga to serve this project. No impacts are anticipated. Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 24 Issues and Supporting Information Sources: Pote~lflal]¥ WEb Than e) The proposed project is served by the Cucamonga County Water District sewer system, which has waste treated by the Inland Empire Utilities Agency at the RP-4 treatment plant located within Rancho Cucamonga and RP-1 located within City of Ontario, neither of which are at capacity. No impacts are anticipated. f) Solid waste disposal will be provided by the current City contracted hauler who disposes the refuse at a permitted landfill with sufficient capacity to handle the City's solid waste disposal needs. g) This project complies with Federal, State, and local statutes and regulations regarding solid waste. The City of Rancho Cucamonga continues to implement waste reduction procedures consistent with AB 939. Therefore, no impacts are anticipated. 17, MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the ( ) ( ) ( ) (¢') quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ( ) ( ) ( ) (,/) limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will ( ) ( ) ( ) (¢') cause substantial adverse effects on human beings, either directly or indirectly?. Comments: a) The site is not located in an area of sensitive biological resources as identified on the City of Rancho Cucamonga General Plan Exhibit IV-3. Additionally, the area surrounding the site is developed. Based on previous development and street improvements, it is unlikely that any endangered or ram species would inhabit the site. b) If the proposed project were approved, then the applicant would be required to develop the site in accordance with the City of Rancho Cucamonga General Plan. The 2001 General Plan was adopted along with the certification of a Program FEIR, Findings of Fact, and a Statement of Overriding Considerations for significant adverse environmental effects of buildout in the City and Sphere of Influence. The City made findings that adoption of the General Plan would result in significant adverse effects to aggregate resources, prime farmland, air quality, the acoustical environment, library services, and aesthetics and visual resources. Mitigation measures were adopted for each of these resources; however, they would not reduce impacts to less than significant levels. As Initial Study for City of Rancho Cucamonga DRC2003-00015 Page 25 such, the City adopted a Statement of Overriding Considerations balancing the benefits of development under the General Plan Update against the significant unavoidable adverse impacts (CEQA Guidelines Section 15092 and 15096(h)). These benefits include less overall traffic volumes by developing mixed-use projects that will be pedestrian friendly and conservation of valuable natural open space. With these findings and the Statement of Overriding Considerations, no further discussion or evaluation of cumulative impacts is required. c) Development of the site under the proposed land use change would not cause substantial adverse effects on human beings, either directly or indirectly. The Initial Study identifies construction-related emissions of criteria pollutants as having a potentially significant impact. Proposed mitigation measures would further reduce emission levels. Additionally, impacts resulting from air quality would be short-term and would cease once construction activities were completed. The Initial Study identified potentially significant impacts associated with the exposure of people to increased noise levels. Mitigation measures contained in this Initial Study will ensure impacts are at less than significant levels. EARLIER ANALYSES Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration per Section 15063(c)(3)(D). The effects identified above for this project were within the scope of and adequately analyzed in the following earlier document(s) pursuant to applicable legal standards, and such effects were addressed by mitigation measures based on the earlier analysis. The following earlier analyses were utilized in completing this Initial Study and are available for review in the City of Rancho Cucamonga, Planning Division offices, 10500 Civic Center Drive (check all that apply): (,/) General Plan FEIR (SCH#2000061027, Certified October 17, 2001) (,/) Master Environmental Assessment for the 1989 General Plan Update (SCH #88020115, certified January 4, 1989) 11:58 ?14G$§~1 C R CA~ ARCHITECT PAGE 82 O~y of P, ln~o Cuoarnongm Inltk~ Study for ;=age 25 O~,O001 ~ _. rm~ ~ In~l Study and ~e ~o~d ~Rlgat~ meamurmm. F~er, I hl~ ~ ~ P~ ~a ~ p~ ~ hereby ~r~ to ~ p~ m~at~n m~u~ ~ a~ ~e ~m ~ m~iga~ ~e VARIANCE T~e existing om-acre parc¢l (curm~ly zoneA L, 2-4 du/Ac) t~ 100 feet in depth. With the ~equirement to provide for an additional dedication of 20 fe~t on th~ wes't side of Klusman Avenue, ~md imtalletioa ora City ~al~da.rd knuckle, effective net lot dx-pth~ for thc four (4) propo~-A lots are o~y $0 feet and 70 feet res!:~e'tively, all less llmn the 100 foot rrdnimu-m code requkcm*at. In a~kL[Cioth the. fi. on~ ym'd setback on ~ proposed lot adj~ent w the knuckle does not meet the mirdmum code xequi~ment of 32 f,~t from curb. A side enh'y double car garage has beea propo~-'d.on *.he lot to pro~4de parking. We believe ~ followi-ng to be true: a. That $~crict or ~,ral interpremion and enforccmmat ofth~ specified rcguhtion would result in pramical d:ffi~alty or urmecessm'y phy. leal hardship ~¢omim~-nt with the obj~ives oflhb Co~. b. Th~ there ate exceptional or extraordinary circum~ces or ~nditlom epplicabl~ Io l.he propm~' involved or to the intcnd~ use of the prolx~y tim[ .do no? apply ge~tally to other prol~rties in the sa_me zoo. ¢. That strict or llt~al int~rlx~lafion and enforc, tsmm'a of the specified t,guAation would ~lxive/he appllear~ of pti, alleges ~njoyed by the owner of other properties inthe same zone. . ...... d. Tlmt the granting°f the Varian~ will n°t c°nstim~ a grant °f Mxcial privilege inconsistent with the lmaitahons on odaer properties classified in thc ~ zot~e. That the grfb'n~ll of ~lxc Yatiara;c will not be d~tt'Lmcnt~l to thc lmblic health, safety, oI ,,~.lfar* ot rtlat erilflly injuriolJ~ tO improvemer~ts in the vicinity. MINOR EXCEP~TION r~u~eme~ to p~v~e ~ ~ MdR~I d~ic~fion o~0 feet once we~ side of ~m~ Arena, ~d ~tion ora C~' ~d ~e~, effe~ive n~ 1o~ ~ fur ~o~ (4) pw~s~ ~s ~e o~y 80 ~ ~ ~0 f~ restively, aU l~s t~ ~e 100 d~3 ~d one (1) ~om )~d ~b~k, a ~r e~ion is ~g requested on.~ fo~ (4) lots w ~d~e re~ ~ ~ ~m the co& wlnlm~ of 20 ~ to 1 g ~. We ~licw ~c fogo~g ~ ~ ~e; ~e~ktion wo~d re~t ~ pra~iefl di~l~ o~ ~e~s~' h~s~p ~comi~em ~ ~ ob~ives of~ ~ral Pl~ ~d ~e~ of ~ ~elopme~t b. '~t ~e me exc~o~ c~es or ~llio~ app~eable to ~e .$~ly to ~ ~op~ics ~e ~e di~ct. ~e~o~ w~d d~ive ~ uppl~ of~b<leges enjoyed by pro~ o~ ~ ~ ~ di~i~. d, ~t ~ ~ of t~ M~or E~tion ~t ~t co~imte a ~e~l privilege ~i~ ~ ~ ~t~ on ot~r ~lt~ ~', o~ were or ~t~ly ~jmio~ to pro~s or ~provements ~ ~he ~c~y. Plan in the Victoda Community Plan, located on the west side of Victoria Park Lane, north of the Lane terminus - APN: 0227-171-26. This action is within the scope of the project in a supplement to Environmental Impact Report (EIR) (State Clearinghouse No. that was certified by the City Council on July 7, 1999, and no additional liscretionary actions mentioned in this notice is required pursuant to Public I e Section 21166. C. DRC2003-00241 - STANDARD PACIFIC - A design review of detailed site plan building elevations for 42 single-family lots (Tract Map SUB'I'r16314) of previously Map 15974 within the Victoria Arbors Master Plan in the Victoria Community east of Day Creek and north of Chumh Street - APN: 0227-161-41 thru 47. This action the scope of the project reviewed in a supplement to Environmental Impact Re ghouse No. 98041137) that was certified by the City Council on July 7, and no additional environmental review for the discretionary actions mentioned i ~rces Code Section 21166. D. DEVELOPMENT REVIEW - STANDARD PACIFIC - A design review of detailed site plan and building r 38 single-family lots of previously approved Tract Map SUBTT16369 within the Master Plan in the Victoda Community Plan, located east of Day Creek and north 0227-171-26 thru 28, 30 thru 33, and 35 and 37 thru 39. project reviewed in a supplement to Environmental Impact Report (EIR) ~ouse No. 98001137) that was certified by the City Council on July 7, 1999, and no review for the discretionary actions mentioned in this Section 21166. E. ENVIRONMENTAL ASSESSMENT AND qEW DRC2003-00015 - CARNEY - A request to develop four single-family homes on .817 land in the Low Residential District (2-4 dwelling units per acre), located on ~ Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Tentative ~ SUBTPM16038, Variance DRC2003-00017, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419. Chairman Macias indicated that staff requested that Item E be pulled fro~ be heard in conjunction with Public Hearing Items F and G. Motion: Moved by McNiel, seconded by McPbail, to adopt Items A, B, C, and Consent Calendar. Motion can'ied by the following vote: AYES: FLETCHER, MAClAS, McNIEL, McPHAIL NOES: NONE ABSENT: STEWART - carried PUBLIC HEARINGS Commissioner McPhail stated that she needed to recuse herself from Items E, F, G, H, I, J, K, L, and Q because her company receives remuneration from the applicants. E. ENVIRONMENTAL ASSESSMENTAND DEVELOPMENT REVIEW DRC2003-00015- CARNEY F. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAP SUBTPM16038- CARNEY - A request to subdivide .817 acre of land into 4 parcels in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Variance DRC2003- 00017, Minor Exception DRC2003-00016, and Tree Removal Permit DRC2003-00419. Planning Commission Minutes -2- August 27, 2003 G. VARIANCE DRC2003-00017 - CARNEY - A request to reduce the required lot depth from 100 feet to 80 feet for 4 proposed single family residences in the Low Residential Distdct (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Tentative Parcel Map SUBTPM 16038, Development Review DRC2003-00015, Minor Exception DRC2003-00016, and Tree Removal Permit DRC2003-00419. Rick Fisher, Contract Planner, presented the staff report. Chairman Macias opened the public headng. Glen Cozart, 6201 Klusman Avenue, Rancho Cucamonga, stated that in 1983 he bought his house, which is across the street from the proposed project. He thought the City should not allow houses to be built on substandard lots. He asked the current depth of the lot. He said that once the street and sidewalk are put in, the lots would be too small. He asked if Lots 3 and 4 would have a shared driveway. Dan Coleman, Principal Planner, stated the lots are now 100 feet deep and will be 80 feet deep after Klusman Avenue is finished. KJm Felten, 6155 Diamond, Rancho Cucamonga, objected to having the new houses built 18 feet from her back wall. She noted her house is on a % acre. She did not want a two-story house overlooking her back yard and said a single-story house would be acceptable. She felt the new lots should be % acre in order to be the same size as the surrounding lots. Judy Biewener, 6211 Klusman Avenue, Rancho Cucamonga, felt the proposed new lots are too small. She was concerned about a loss of privacy. She stated they had been told the property was not zoned for houses because of the size of the lots. She said her lot is between a % and % acre. She opposed opening up the street. Marian Kud, 6221 Klusman Avenue, Rancho Cucamonga, expressed concem about the size of the lots. Scott Biewener, 6211 KJusman Avenue, Rancho Cucamonga, asked if lots had ever been reduced to an 80-foot depth in the past. Floyd Hemdon, 9641 Banyan Street, Rancho Cucamonga, stated he owns the property. He said that when the tract of homes that the other speakers live in was constructed, the developer was permitted to put in KJusman Avenue at half of its desired width instead of making full street improvements and it was known at that time that his lots were only 100 feet deep. Cecil Carney, applicant, 12841 Newport Avenue, Tustin, stated he agreed with the staff report and conditions. Brad Buller, City Planner, noted that several residents had expressed concems prior to Mr. Camey's arrival at the meeting. Greg Wrinen, 4663 Teasdale Avenue, Riverside, stated he hopes to purchase one of the homes to be built. Hearing no further testimony, Chairman Macias closed the public hearing. Chairman Macias noted ceoncems had been expressed regarding the scale and mass of the development and the depth of the lots had been questioned. Planning Commission Minutes -3- August 27, 2003 Mr. Buller stated the project is a classic case where a vadance is necessary. He noted that the owner of the property indicated that three lots were developed on Klusman Avenue, leaving him with a 100-foot depth. He said the City requires dedication of 20 feet for full street improvements, leaving a lot depth of 80 feet. He noted the Commission could deny the setback deviation from the front or rear yard boundaries but staff felt the variance is reasonable in order to build comparable homes for the neighborhood. He said staff supports the variance, as the property owner did not create the situation. Mr. Coleman observed that the houses step back from one-story at the front of the lot to two at the rear. Mr. Bullet noted that the lot would be unbuildable if the Commission did not support the lot depth vadanca. Commissioner McNiel stated the property is a remnant piece that is undersized in depth. He noted each lot is wider than normal in order to make up for the loss of depth. He said the lots would be approximately % acre, to fit in with the surrounding neighborhood. He stated he understood the concerns raised by the residents but he felt they would be less concemed when they see the houses on the wider lots. He observed the back yard setback requirement is 20 feet and the developer is asking for 18 feet and the front yard setback requirement is 37 feet and they are requesting 35 fee. t. Mr. Buller pointed out that the development meets City Code in all other requirements including tot size. Commissioner McNiel suggested that the setback vadance be utilized for the front yard and the rear yard setback be left at 20 feet. He stated that the lots are the same size theywould be if20 acres were divided into 80 lots, as the streets would be carved out of the 20 acres. Commissioner Fletcher asked the spacing between the houses. Mr. Fisher indicated the side yard setbacks are 10 and 15 feet. Mr. Buller stated there is a separation of approximately 30 feet between the houses as they are currently plotted. Commissioner Fletcher felt the major concern raised was privacy. He thought that concem could be addressed in a number of ways. He felt the variance is justified. Chairman Macias noted that any decision by the Planning Commission can be appealed to the City Council. Motion: Moved by McNiel, seconded by Fletcher, to issue a Negative Declaration and adopt the resolutions approving Parcel Map SUBTPM16038, Development Review DRC2003-00015, and Vadance DRC2003-00017. Motion carded by the following vote: AYES: FLETCHER, MAClAS, McNIEL NOES: NONE ABSENT: STEWART ABSTAIN: McPHAIL - carded H. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP S~~,,~ME GREATER LOS ANGELES INC. - A request to subdivid~ ,,~,~ u~ prvperty ~nto 5 lettered lots and I numbered Iot_..~-'-_-'.5~.-~5,~ ~vncto,,',iniums in the Medium Residential District (8-~acre), located at the southwest comer of Base Line Road and Planning Commission Minutes -4- August 27, 2003 E. VARIANCE DRC2003-00017-CARNEY - A request for a variance to reduce the required lot depth and reduce the required front setback, for 4 proposed single family residences in the Low Residential District (2-4 dwelling units per acre), located on the west side of Klusman Avenue, north of Diamond Avenue - APN: 1062-401-05. Related Files: Development Review DRC2003-00015, Minor Exception DRC2003-00016, Tree Removal Permit DRC2003-00419, and Tentative Parcel Map SUBTPM 16038. Commissioner McPhail recused herself from acting on Item E, as her firm receives remuneration from the applicant. Dan Coleman, Principal Planner, presented the staff report and handed out illustrations of the alternates using a reduced standard turnaround at the end of Klusman Avenue, as discussed with the residents at the Neighborhood meeting on September 24, 2003. He said the Revised Exhibit"A" was recommended by staff because it was discussed at that meeting. He noted that during the meeting, the applicant also indicated a willingness to modify {he rear elevations by eliminating windows along the upper story or frosting or glazing the glass. Chairman Macias opened the public hearing. Cecil Carney, 12841 Newport Avenue, Tustin, stated he was available to answer questions. Chairman Macias opened the public hearing. Glen Cozart, 6201 K]usman Avenue, Rancho Cucamonga, stated the residents in the neighborhood feel the development would affect only a few houses directly. He said he has lived in his house since it was built in 1983. He indicated Mr. Bullet spent a lot of time with the residents and he appreciated his professionalism. He commented there are 1/2-acre lots just north of Banyan. He indicated all of the lots in the neighborhood are large and the houses are spread out. He felt that the proposed houses are too big because they are approximately 2,500 square feet and on smaller lots than the surrounding homes. By comparison, he indicated his home is only 1,600 square feet. He stated the proposed houses are on smaller and weird shaped lots. He believed pools and RV parking would have to be placed in the side yardS. He did pot think the proposed cul-de-sac weuld happen because he felt the gentleman who owns the property would not be willing to give up the property, as he wants to be left alone. Ne noted that the third lot has its house plotted only 5 feet off the side property line. He noted the Development Code allows four houses per acre, but this property is less than an acre. He asked if approval of the Variance would negate the Code. He did not feel the end of the street will be finished and there will be no parking permitted in the street for his house or the last two homes at the end of the street. He thought the driveway for the fourth house looks weird because it is incredibly close to the third lot and said he does not want to live in a neighborhood that looks weird. He felt the City should only allow two houses or three that are spread out rather than allowing a fourth driveway that is jimmy rigged around a block wall. Klm Felten, 6155 Diamond Avenue, Rancho Cucamonga, stated that the Code calls for four houses per acre, but the pmpertyis only .817 acre. She stated all other houses in the neighborhood are 1/3 to 1/4 acre and these lots would not conform to their neighborhood. She said she had a petition with 37 signatures from the immediate neighborhood in opposition to the development. (The petition was not submitted to staff). She noted that Mr. Carney offered to remove the windows from the second story rear elevations, but that did not mean that the new owners couldn't install windows. She did not feel there would be enough reom for any street parking if there are seven houses on the half cul- de-sac. Marion Kuri, 6221 Klusman Avenue, Rancho Cucamonga, stated her home is on 1/4 acre and she purchased it 20 years ago. She was concerned the parcel is less than an acre and will be split into four lots. She said three of the homes will be very close together and the one home at the north will Planning commission Minutes -5- October 8, 2003 be on a large lot. She preferred that only two or three homes be built and spread out with lots that are comparable in size to the surrounding area. Sherrill Ichiho, 6147 Diamond Avenue, Rancho Cucamonga, concurred with the other residents. She said all of them have large lots and she feared allowing the smaller lots will lower her property value. She said that the lot does not look large enough to hold even two houses. She felt the street should be widened. She did not feel there would be mom for the new owners to put in pools or store their recreational vehicles. She thought the lot could hold two or three house, but not four. Hearing no further testimony, Chairman Macias closed the public hearing. Commissioner McNiel stated the City often runs into this situation with in-fill projects where there am remnant pieces of land. He said it is a developable parcel of land in an established neighborhood and the house design of today is going to be different from house designs of 20 years ago because of marketing purposes. He acknowledged it is unfortunate that such circumstances exist but he did not find the house designs and the lot sizes objectionable. He thought the lots are comparable in size to the neighborhood. Brad Buller, City Planner, replied that three lots are approximately 8,000 square fe~t and one is approximately 1,200 square feet. He said most of the existing 10ts in the neighborhood are between 10,000 and 11,000 square feet. Commissioner McNiel asked if some of the other lots are approximately 9,000 square feet. Mr. Bullet responded very few. commissioner McNiel felt that an 8,000 square foot lot is still a good-sized lot. He indicated the property owner has a right to develop. He noted that the lot depth would not change even if there were only two or three houses.. Mr. Buller confirmed the Variance would still be necessary no matter how many lots. Commissioner McNiel believed that the property values would not be damaged and would probably be elevated because of the enhanced, more current houses. Commissioner Stewart asked if there had been a discussion regarding reducing the footprints of the houses. Mr. Bullet stated the developer modified their plans spa Minor Exception is not necessary and a Vadance for the front yard setback is no longer needed. He said only the lot depth Variance is now needed. Commissioner Stewart noted the parcel is an existing parcel of record. She thoqght there was testimony in the last meeting that it was acknowledged when the previous houses were built, this lot would be less than 100 feet deep. She asked for legal advice. Kevin Ennis, Assistant City Attorney, stated it was his understanding this is a remnant lot created by the development of surrounding properties and it is a legal lot. He observed the Tentative Parcel Map came before the Commission at a previous meeting and the commission approved the subdivision into four lots and that action was appealed to the City Council. Mr. Ennis said the Variance as specified in this staff report is necessary to satisf~ the conditions of the previously approved Tentative Parcel Map. He explained that if the Commission denied the Variance this evening, the applicant could not move forward with the four-lot subdivision. He observed the owner has the ability to subdivide the property into the size range permitted in the Development code and Planning Commission Minutes -6- October 8, 2003 the City would have to have valid reasons if it would not allow the subdivision into the size range of lots allowed by Code. Mr. Buller stated that if the parcel is divided into two lots, three lots, or four lots, a Variance is still needed for the lot depth because it is not possible to get 100-foot deep lots. He said that was why staff believes the Variance is appropriate. With respect to the comment that a homeowner could put in windows where the applicant has chosen not to do so, he pointed out that would be true for any home. He said owners of single-story homes could chose to add a second story and the City cannot deny that ability nor the ability to put windows where homeowners chose. Commissioner Stewart observed that no matter what is done on the parcel, the Variance would be necessary. She said the net effect of asking the developer to reduce the number of lots would not help the situation. She agreed with Commissioner McNiel that it is not an objectionable development. She thought the revised Exhibit A alternative is an appropriate revision. To some extent, she felt the objections go back to an objection to loss of privacy and loss of view and she believed that in order to protect those things, people must buy all the surrounding lots. Commissioner Fletcher noted the approval of the Variance was for a Variance in lot depth only. He asked if the developer would have to come back for design review. Mr. Buller replied that the proposed unit revisions are in substantial compliance with what the Commission approved at a previous meeting. He said the commission approved the Parcel Map, Development Review, and a Variance for the project and the project has been appealed. He indicated that appeal is still pending before the City council. He explained that if the Commission approved the Variance this evening and the appellant still wished to go forward with the appeal, it would be heard by the City Council. He said if the Commission denies the Variance, the applicant would have an opportunity to appeal that decision to the City Council and the appellants would most likely drop their appeal. Commissioner Fletcher acknowledged that the existing homes have been thero a long time and it is difficult for the homeowners to accept the new homes. He felt the residents are looking at the new homes as being out of sync with the neighborhood. He said when he first heard about the size of the homes, he felt it was good for the City because other homes in the City are 3,000 - 5,000 square feet and he thought this would be a good size for new purchasers of homes in the City. He said he was surprised at how narrow the lot looks and he tried to envision what it will look like; however, he thought a development would look better than the weeds that aro thero now. He noted that homes on the west side have deeper back yards. He questioned the height of the wall to the west. Mr. Buller stated there could be a grade change and the wall could be higher than 6 feet on the lower side. Commissioner Fletcher stated the new homes would be up against a high wall because of the grade differential. He acknowledged it is a difficult situation. He did not feel the commission should stop development and he thought it is a good solution, even if it may not be the best solution. He supported the Variance. Chairman Macias did not object to the project. He felt it is a developable parcel of land and the applicant did a good job of providing a good, compatible product. Motion: Moved by Fletcher, second McNiel, to adopt the resolution approving Variance DRC2003-00017. Motion carried by the following vote; AYES: FLETCHER, MAClAS, McNIEL, STEWART NOES: NONE ABSENT: NONE ABSTAIN: McPHAIL - carried Planning Commission Minutes -7- October 8, 2003 TH E C I f Y OF III1'[ ]~ANCHO CUCAHONGA Memorandum DATE: November 3, 2003 TO:. Jack Lam, AI, CP, City ManageQr~'~ FROM: William J. O Nell, City Enginee~/~-~ //', SUBJECt: CITY COUNCIL AGENDA - Fe~g5~ - CONSENT CAI.ENDAR SHOULD BE MOVED TO ADVERTISED PUBLIC HEARING. E. 25 APPROVAL OF A RESOLUTION ORDERING TO BE VACATED REMAINING PORTIONS OF TWO ALLEYS AND DISPOSITION OF A PORTION OF CITY OWNED PROPERTY, GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOLrLEVARD, WEST OF HERMOSA, SUBMITTED BY NORTHTOWN HOUSING DEVELOPMENT COMPANY (V- 195) RESOLUTION NO.03-286 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED THOSE PORTIONS OF CITY STREETS (AIJ.F~YS) GENERALLY WITHIN THE NORTHTOWN AREA, LOCATED ON THE SOUTH SIDE OF FERON BOULEVARD, WEST OF HERMOSA AVENUE RESOLUTION NO. 03-287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, FINDING THAT CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED HEREIN, TO BE SURPLUS AND A BURDEN ON THE CITY OF RANCHO CUCAMONGA AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEEDS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "E" AND TO CAUSE THE SAME TO BE DELIVERED TO THE PERSONS NAMED THEREIN Please remove E-25 from the City Council Agenda- Consent Calendar and placed in Section G - Advertised Public Hearing. This vacation was advertised October 24, 2003 in the Inland Valley Daily Bulletin. CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING TENTATIVE PARCEL MAP SUBTPM16038, A SUBDIVISION OF FOUR LOTS ON 1.1 GROSS ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-401-05. A. Recitals. 1. Cecil Carney filed an application for the Development Review as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 27th day of August 2003, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application and following the conclusion of said August 27, 2003 meeting, the Planning Commission adopted its Resolution No. 03-113 approving the application. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On October 1,2003, this Council continued the duly noticed public hearing on the appeal to their November 5, 2003 agenda. 5. On the 8th day of October 2003, the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the related Variance DRC2003-00017 again, including an alternative site plan design that eliminated the need for two out of three variances, and following the conclusion of said October 8, 2003 meeting, the Planning Commission adopted its Resolution No. 03-145 approving said Variance. 6. On November 5, 2003, this Council conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved bythe City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council dudng the above-referenced public hearing on November 5, 2003, including written and oral staff reports, the minutes of the above- referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 03-113, together with public testimony, this Council hereby specifically finds as follows: CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 2 a. The application applies to a 1.1 acre property located on the west side of Klusman Avenue, north of Diamond Avenue with a street frontage of 304 feet and lot depth of 80 feet (after dedication for Klusman Avenue), and is presently vacant; and b. The property to the north of the subject site is single-family residential; the property to the south across Diamond Avenue consists of single-family residential; the property to the east across Klusrnan Avenue is single-family residential; and the properbj to the west is single-family residential; and c. The applicant conducted a meeting on May 14, 2003, at which eight residents attended, to inform surrounding neighborhood residents of the proposed project and to obtain their feedback. d. The proposed lots exceed the minimum standards of the Low Residential District, except for lot depth. The applicant has submitted a request for Variance DRC2003-00017. e. The gross area of the project site as measured to the centerline of Klusman Avenue and Diamond Avenue, is 1.108 acres; therefore, up to 4 homes are allowed in the Low Residential zone (2-4 dwelling units per acre). Project density is 3.61 dwelling 'units per acre. 3. Based upon the substantial evidence presented to this Council dudng the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: a. That the Tentative Tract is consistent with the General Plan, Development Code, and any applicable specific plans; and b. The design or improvements of the Tentative Tract is consistent with the General Plan, Development Code, and any applicable specific plans; and c. The site is physically suitable for the type of development proposed; and d. The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; and e. The Tentative Tract is not likely to cause serious public health problems; and f. The design of the Tentative Tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 3 a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pursuant to the previsions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resoumes or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public headng, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference: Planning Division 1 ) The project shall be developed consistent with the alternative Site Plan layout based upon a reduced radius turnaround as shown on the attached Exhibit "A." 2) Tree Removal Permit DRC2003-00419 is hereby approved subject to replacement planting as required by Environmental Mitigation Measures contained herein. 3) This approval is granted contingent upon the approval of Variance DRC2003-00017. En.qineerinq Division 1 ) Klusman Avenue frontage improvements to be in accordance with "Local Residential" standards including, but not limited to, the following: a)Provide curb and gutter, sidewalk, drive approaches, street trees, and asphalt pavement, as required. b) Provide 5800 Lumen HPSV streetlights, as required per City Street Lighting Standard. CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 4 c) Provide traffic striping and signage, as required. d) Stop permanent improvements north of the southerly drive approach on Lot 3 and provide interim asphalt pavement to serve Lot 4 and the northerly driveway on Lot 3. 2) The developer shall deposit cash in-lieu of construction with the City for frontage improvements on Lot 4 and the north half of Lot 3 prior to final map approval. The deposit shall include removal costs for interim improvements. 3) Diamond Street frontage improvements are to be in accordance with "Local Residential" standards including, but not limited to, the following: a) Protect existing curb and gutter, and sidewalk, or repair as required. b) Protect existing traffic striping and signage, or replace as required. c) Provide 5800 Lumen HPSV streetlights, as required per City Street Lighting Standard. d) Final Parcel Map 16038 shall be approved and recorded prior to issuance of building permits. Environmental Mitiqation Air Quality 1 ) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. The contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading Permits, the developer shall submit construction plans to City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that Iow-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District, as well as City Planning staff. 3) All paints and coatings shall meet or exceed performance standards noted in South Coast Air Quality Management District Rule 1113. Paints and coatings shall be applied either by hand or high-volume, Iow-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in South Coast Air Quality Management District Rule 1108. CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 5 5) All construction equipment shall comply with South Coast Air Quality Management District Rules 402 and 403. Additionally, contractors shall include the following provisions: ,, Reestablish ground cover on the construction site through seeding and watering. · Pave or apply gravel to any on-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. · Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. · Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. · Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. ·Suspend grading operations dudng high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. · Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM~o emissions, in accordance with South Coast Air Quality Management District Rule 403. 7) Chemical soil-stabilizers (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that construction grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commercial structures shall be required to incorporate high-efficiency/Iow-polluting heating, air conditioners, appliance, and water heaters. CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 6 11) All residential and commemial structures shall be required to incorporate thermal pane windows and weather-stripping. Biology 1) Tree removal shall require replacement planting on a one-for-one basis with the largest nursery grown specimens available as determined by the City Planner. Cultural Resources 1) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: · Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. · Consider establishing previsions to require incorporation of archaeological sites within new developments using their special qualities as a theme or focal point. · Pursue educating the public about the area's archaeological heritage. · Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report within original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. 2) A qualified paleontogist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 7 · Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. Geology 1) The site shall be treated with water or other soil-stabilizing agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM10 emissions, in accordance with South Coast Air Quality Management Distdct Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM10 emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~o emission from the site during such episodes. 4) Chemical soil-stabilizers (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. Water Quali~y 1 ) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the CITY COUNCIL RESOLUTION NO. 03- SUBTPM16038 - CARNEY November 5, 2003 Page 8 Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5. This Council hereby provides notice to the appellant and Cecil R. Carney that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to appellant and Cecil R. Camey at the address identified in City records. LOT3 LOT4 ~z2.~.' COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM16038 SUBJECT: TENTATIVE PARCEL MAP FOR FOUR SINGLE-FAMILY LOTS APPLICANT: CECIL R. CARNEY LOCATION: WEST SIDE OF KLUSMAN AVENUE NORTH OF DIAMOND AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. /General Requirements Completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its __/ / agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Tentative Tract No. 16038 is granted subject to the approval of Variance ~ / DRC2003-00017. 3. Copies of the signed Planning Commission Resolution of Approval No. 03-113, Standard __/ / Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. This tentative tract map or tentative parcel map shall expire, unless extended by the Planning / / Commission, unless a complete final map is filed with the City Engineer within 3 years from the date of the approval. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include / /___ site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and Development Code regulations. ' .~) ~ Project No. SUBTPM16038 Completion Date 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions /.~/ of Approval shall be completed to the satisfaction of the City Planner. 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and /_._/ State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the. Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be /___/ submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for / /.~ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all / / other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with .~/ / all receptacles shielded from public view. 8. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and .~/ / the number of trash receptacles shall be subject to City Planner review and approval pdor to the issuance of building permits. 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be .~/ / located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single- family residential developments, transformers shall be placed in underground vaults. I10. All parkways, open areas, and landscaping shall be permanently maintained by the property /._._J owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be Submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 11. The developer shall submit a construction access plan and schedule for the development of all /.~/ lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. D. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in / / the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. AIl private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 / / slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater / / slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover, in addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. SC-07-03 2 ,) "i Project No. SUBTPM160~8 Cornelelion Date 4. For single-family residential development, all slope planting and irrigation shall be continuously _._/ / maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 5. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in .__J / the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. 6. Landscaping and irrigation systems required to be installed within the public right-of-way on the ..__/ / perimeter of this project area shall be continuously maintained by the developer. E. Environmental 1. Mitigation measures are required for the Project. The apPlicant is responsible for the cost of .__/ implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 pdor to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. F. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location ..~ / of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the I overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) G, General Requirements 1. Submit five complete sets of plans including the following: ___/ / a. Sita/PIot Plan; b. Foundation Plan; c. Floo~ Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., SUBTPM16038) clearly identified on the outside of all plans. ! ') Project No. SUBTPM16038 COmDletion Date 2. Submit two sets of structural calculations, energy conservation calculations, and a soils repor( / / Amhitect's/Engineer's stamp and "wetm signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to /___J the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. 5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the /__J Building and Safety. Division. 6. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Building and Safety Division staff for information and submittal requirements. H. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be marked with the project file number (i.e., SUBTPM16038). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant / / shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. 3.Street addresses shall be provided by the Building and Safety Official after tract/parcel map recordation and prior to issuance of building permits. 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday through Saturday, with no construction on Sunday or holidays. I. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances /.~./ considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. 3. Roofing material shall be installed per the manufacturer's "high Wind" instructions. J. Grading 1. Grading of the subject property shall be in accordance with Califomia Building Code, City Grading .~/___/ Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _~/ / pedorm such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the __/ / time of application for grading plan check. 4. The final grading, appropriate certifications and compaction reports shall be comp!eted, ___/ / submitted, and approved by the Building and Safety Official prior to the issuance of building permits. Project No. SUBTPM16038 Completion Date 5. A separate grading plan check submittal is required for all new construction projects and for /~ existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: K. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, /___/ community trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measured from __/ / street centerline): 3._.Q total feet on Klusman Avenue. __/ / 3. Comer property line cutoffs shall be dedicated per City Standards. ~ L. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: ~ / Curb & I A.C. I Side- I Drive I Street I Street I Comm I Median I e,ke I I Street Name Gutter Pvmt walk I Appr. I Light~ I Trees I Trail I Island I Trail I Ot~er I r Klusman Avenue X X X X X X x Diamond Avenue Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check, (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights / / on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved bythe City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, pdor to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a / / construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and / / interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction / / project along major or secondary streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer. Project No. SUBTPM16038 Comclefion Date Notes: 1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e. Handicapped access ramps shall be installed on all comers of intersections per City Standards or as directed by the City Engineer. f. Existing City reads requiring construction shall remain open to traffic at all times with /____/ adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be /___/ installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. 3. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in /.__/ accordance with the City's street tree program. 4. Install street trees per City street tree design guidelines and standards as follows. The completed legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. "Min. Grow Spacing I Street Name Botanical Name Common Name Space Size* Qty. Klusman Avenue Magnolia grandiflora NCN I 3 feet 20 feetJ 15-gal. Fill-in 'St. Mary'I c.c. *TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1 ) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicitias or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Division. 4) Street trees are to be planted per public improvement plans only. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with /__/ adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intemections, including driveways. Local residential street intersections and cornmercial or industrial driveways may have lines of sight plotted as required. M. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting / / Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. SC-07-03 6 ~.~ 2~?'~ " ~ Project No. SUBTPM16038 Completion Date N. Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the __/ / property from adjacent areas. O. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, ~ / electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. __/ / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the __/ / Cucamcnga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter rnust have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. /~ Approval of the final parcel map will be subject to any requirements that may be received from them. P. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating costs for all /~ ! new streetlights for the first six months of operation, prior to final map approval or pdor to building perm~it issuance if no map is involved. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-07-03 7 ~ FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-03-0897 PROJECT #: SUBTPM16038 · PROJECT NAME: Klusman Residences DATE: June 15, 2003 PLAN TYPE: SFR APPLICANT NAME: Cecil Carney OCCUPANCY CLASS: Group R-3 FLOOR AREA (S): Up to 2800 Square feet TYPE CONSTRUCTION: Type V FIRE PROTECTION SYSTEM REQUIRED: Fire Sprinklers for Lot 4 LOCATION: Klusman S/O Banyan FD REVIEW BY: Tim Fejeran, Fire Inspector PLANNER: Rick Fisher ALL OF THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DMSION, (909) 477-2770, TO VERIFY COMPLIANCE WITH THE FOLLOWING: . RANCHO CUGAMONGA FIRE DISTRICT- STANDARD CONDITIONS & REQUIREMENTS - General, Procedural, Technical, or Operational Information that shall be Included, Corrected, or Completed as noted below. The following is applicable to the above project. FSC-1 General Requirements for Public and Private Water Supply 1. General Guidance for Fire Hydrants: The following provides general guidance for the spacing and location of fire hydrants. Remember these are the maximum permitted distances between fire hydrants: a. The maximum distance between fire hydrants in single-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs the distance shall not exceed 200 ff. b. Fire hydrants are to be located: i) At the entrance(s) to a project from the existing public roadways. This includes subdivisions and industrial parks. ii) At intersections. iii) On the right side of the street, whenever practical and possible. iv) As required by the Fire Safety Division to meet operational needs. v) The location of fire hydrants is based upon the operational needs of the Fire District to control a fire. vi) Fire hydrants shall be located a minimum of forty (40) feet from any building. Contact the Fire Safebj Division (909) 477-2770 2. Minimum Fire Flow: The required fire flow for this project is 1500 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended. Please see WVater Availability~ attachment for required verification of fire flow availability for the proposed project. Contact the Fire. Safety Division (909) 477-2770 3. Show Existing Fire Hydrants and Mains: Existing fire hydrants and mains within 600-feet of the project shall be shown on the water plan submitted for review and approval. Include main size. FSC-3 Automatic Fire Sprinkler Systems- Technical Comments 1. Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted cede or standard, requires an approved automatic fire sprinkler system to be installed in any of the following: a. All structures that do not meet Fire District access requirements (See Fire Access) b. Lot 4 requires fire sprinklers to mitigate access. Contact the Fire Safety Division (909) 477-2770 I FSC-4 Fire blstrict Site Access- Technical Comments 1. Access Roadways Defined: Fire District access roadways include public reads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes. 2. Location of Access: All portions of the structure or facility or any portion of the extedor wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped areas, unpaved changes in elevation, gates, and fences are an obstnJction. FSC-14 Alternate Materials and Methods The Fire Safety Division will review requests for altsmate materials and methods within the scope of our authority. The request must be submitted on the Fire District "Application for Aitemata Method" form along with supporting documents. Contact the Fire Safety Division at (909) 477-2770 for assistance. PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers.m On private property these markers are to be maintained in good condition by the property owner. Contact Building and Safety/Fire Construction Services (909) 477-2713. 2. Address Single-family: New single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be intemally er externally illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry. RESOLUT,ON NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING DEVELOPMENT REVIEW DRC2003-00015, THE DEVELOPMENT REVIEW OF FOUR HOMES WITHIN TENTATIVE PARCEL MAP NO. SUBTPM16038, ON 1.1 GROSS ACRES OF LAND LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE IN THE LOW RESIDENTIAL DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN; 1062-401-05. A. Recitals. 1. Cecil Carney filed an application for the Development Review as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." 2. On the 27th day of August 2003, the Planning Commission of the City of Rancho Cucamonga held a meeting to consider the application and following the conclusion of said August 27, 2003 meeting, the Planning Commission adopted its Resolution No. 03-112 approving the application. 3. The decision represented by said Planning Commission Resolution was timely appealed to this Council. 4. On October 1,2003, this Council continued the duly noticed public hearing on the appeal to their November 5, 2003 agenda. 5. On the 8th day of October 2003, the Planning Commission of the City of Rancho Cucamonga held a public hearing to consider the related Variance DRC2003-00017 again, including an alternative site plan design that eliminated the need for two out of three variances, and following the conclusion of said October 8, 2003 meeting, the Planning Commission adopted its Resolution No. 03-145 approving said Variance. 6. On November 5, 2003, this Council conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced meeting on November 5, 2003, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 03-112, this Council hereby specifically finds as follows: CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 2 a. The application applies to a 1.1 acre property located on the west side of Klusman Avenue, north of Diamond Avenue, with a street frontage of 304 feet and lot depth of 80 feet (after dedication for Klusman Avenue), and is presently vacant; and b. The preoperty to the north of the subject site is single-family residential, the Property to the south across Diamond Avenue is single-family residential, the property to the east across Klusman Avenue is single-family residential, and the property to the west is single-family residential; and c. The applicant conducted a meeting on May 14, 2003, at which eight residents attended, to inform surrounding neighborhood residents of the proposed project and to obtain their feedback. d. The proposed lots exceed the minimum standards of the Low Residential District, except for lot depth. The applicant has submitted a Variance DRC2003-00017 request. eo The gross area of the project site as measured to the centedine of Klusman Avenue and Diamond Avenue, is 1.108 acres; therefore, up to 4 homes are allowed in the Low Residential zone (2-4 dwelling units per acre). Project density is 3.61 dwelling units per acre. f. Currently, Klusman Avenue has only been improved on the east side. This development would complete the missing street improvements on the west side, thus doubling the on-street parking capacity. Also, all of the proposed homes have 3-car garages, which exceeds the City's standard of 2-car garage off-street parking, and reduces the demand for on-street parking. 3. Based upon the substantial evidence presented to this Council dudng the above- referenced meeting on November 5, 2003, including written and oral staff reports, this Council hereby specifically finds and concludes as follows: a. That the proposed project is consistent with the objectives of the General Plan; and b. That the proposed design is in accord with the objectives of the Development Code and the purposes of the district in which the site is located; and c. That the proposed design is in compliance with each of the applicable provisions of the Development Code; and g. That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. Based upon the facts and information contained in the proposed Mitigated Negative Declaration, together with all written and oral reports included for the environmental assessment for the application, the City Council finds that there is no substantial evidence that the project will have a significant effect upon the environment and adopts a Mitigated Negative Declaration and Monitoring Program attached hereto, and incorporated herein by this reference, based upon the findings as follows: CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 3 a. That the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act of 1970, as amended, and the State CEQA guidelines promulgated thereunder; that said Mitigated Negative Declaration and the Initial Study prepared therefore reflect the independent judgment of the City Council; and, further, this Council has reviewed and considered the information contained in said Mitigated Negative Declaration with regard to the application. b. Although the Mitigated Negative Declaration identifies certain significant environmental effects that will result if the project is approved, all significant effects have been reduced to an acceptable level by imposition of mitigation measures on the project which are listed below as conditions of approval. c. Pumuant to the provisions of Section 753.5(c) of Title 14 of the California Code of Regulations, the City Council finds as follows: In considering the record as a whole, the Initial Study and Mitigated Negative Declaration for the project, there is no evidence that the proposed project will have potential for an adverse impact upon wildlife resoumes or the habitat upon which wildlife depends. Further, based upon the substantial evidence contained in the Mitigated Negative Declaration, the staff reports and exhibits, and the information provided to the City Council during the public hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in Section 753.5(c-1 -d) of Title 14 of the California Code of Regulations. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council hereby denies the appeal, upholds the action of the Planning Commission, and approves the application subject to each and every condition set forth below: Planninq Division 1 ) The project shall be developed consistent with the alternative Site Plan layout based upon a reduced radius turnaround as shown on the attached Exhibit "A." 2) This approval is granted contingent upon the approval of Variance DRC2003-00017. 3) The second floor windows on the west elevation shall be deleted or changed to non-vision glass. 4) The Floor Plans shall be modified to reduce the size of the building footprint in order to meet the 20-foot rear yard setback, while maintaining the 32-foot minimum front setback. 5) Tree Removal Permit DRC2003-00419 is hereby approved subject to replacement planting as required by Environmental Mitigation Measures contained herein. Enqineerinq Division 1) Klusman Avenue frontage improvements to be in accordance with "Local Residential" standards including, but not limited to, the following: CITY COUNClL RESOLUTION NO. 03- DRC2003-00015 November5,2003 Page 4 a) Provide curb and gutter, sidewalk, drive approaches, street trees, and asphalt pavement, as required. b) Provide 5800 Lumen HPSV streetlights, as required per City Street Lighting Standard. c) Provide traffic striping and signage, as required. d) Stop permanent improvements north of the southerly drive approach on Lot 3 and provide interim asphalt pavement to serve Lot 4 and the northerly driveway on Lot 3. 2) The developer shall deposit cash in-lieu of construction with the City for frontage improvements on Lot 4 and the north half of Lot 3 prior to final map approval. The deposit shall include removal costs for interim improvements. 3) Diamond Street frontage improvements are to be in accordance with "Local Residential" standards including, but not limited to, the following: a) Protect existing curb and gutter, and sidewalk, or repair as required. b)Protect existing traffic striping and signage, or replace as required. c) Provide 5800 Lumen HPSV streetlights, as required per City Street Lighting Standard. 4) Final Parcel Map 16038 shall be approved and recorded prior to issuance of building permits. Environmental Mitigation Air Quality 1) All construction equipment shall be maintained in good operating condition so as to reduce operational emissions. Contractor shall ensure that all construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 2) Prior to the issuance of any grading permits, the developer shall submit construction plans to the City denoting the proposed schedule and projected equipment use. Construction contractors shall provide evidence that Iow-emission mobile construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures imposed by the South Coast Air Quality Management District, as well as City Planning staff. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 5 3) All paints and coatings shall meet or exceed performance standards noted in South Coast Air Quality Management District Rule 1113. Paints and coatings shall be applied either by hand or high-volume, Iow-pressure spray. 4) All asphalt shall meet or exceed performance standards noted in South Coast Air Quality Management District Rule 1108. 5) All construction equipment shall comply with South Coast Air Quality Management District Rules 402 and 403. Additionally, contractors shall include the following previsions: · Reestablish ground cover on the construction site through seeding and watering. · Pave or apply gravel to any on-site haul roads. · Phase grading to prevent the susceptibility of large areas to erosion over extended periods of time. · Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods. · Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices. · Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon the time of year of construction. · Suspend grading operations during high winds (i.e., wind speeds exceeding 25 mph) in accordance with Rule 403 requirements. · Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 6) The site shall be treated with water or other soil-stabilizing agent (approved by South Coast Air Quality Management Distdct and Regional Water Quality Control Board) daily to reduce PM~0 emissions, in accordance with South Coast Air Quality Management District Rule 403. 7) Chemical soil-stabilizers (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 6 8) The construction contractor shall utilize electric or clean alternative fuel-powered equipment where feasible. 9) The construction contractor shall ensure that constriction grading plans include a statement that work crews will shut off equipment when not in use. 10) All residential and commemial structures shall be required to incorporate high-efficiency/Iow-polluting heating, air conditionem, appliance, and water heaters. 11) All residential and commemial structures shall be required to incorporate thermal pane windows and weather-stripping. Biology 1 ) Tree removal shall require replacement planting on a one-for-one basis with the largest nursery grown specimens available as determined by the City Planner. Cultural Resources 1 ) If any prehistoric archaeological resources are encountered before or during grading, the developer will retain a qualified archaeologist to monitor construction activities, to take appropriate measures to protect or preserve them for study. With the assistance of the archaeologist, the City of Rancho Cucamonga will: · Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value. · Consider establishing provisions to require incorporation of archaeological sites within new developments by using their special qualities as a theme or focal point. · Pursue educating the public about the area's archaeological heritage. · Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources, following appropriate CEQA guidelines. · Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copyof the completed report with original illustrations to the San Bernardino County Archaeological Information Center for permanent archiving. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 7 2) A qualified paleontogist shall conduct a preconstruction field survey of the project site. The paleontologist shall submit a report of findings that will also provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate, the program must include, but not be limited to, the following measures: · Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay, to the site full-time during the interval of earth-disturbing activities. · Should fossils be found within an area being cleared or graded, divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find. · Submit a summary report to the City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to the San Bernardino County Museum. Geology 1) The site shall be treated with water or other soil-stabilizing agent (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) daily to reduce PM~o emissions, in accordance with South Coast Air Quality Management District Rule 403. 2) Frontage public streets shall be swept according to a schedule established by the City to reduce PM~o emissions associated with vehicle tracking of soil off-site. Timing may vary depending upon the time of year of construction. 3) Grading operations shall be suspended when wind speeds exceed 25 mph to minimize PM~0 emission from the site during such episodes. 4) Chemical soil-stabilizers (approved by South Coast Air Quality Management District and Regional Water Quality Control Board) shall be applied to all inactive construction areas that remain inactive for 96 hours or more to reduce PM~o emissions. Water Quality 1 ) Structures to retain precipitation and runoff on-site shall be integrated into the design of the project where appropriate. Measures that may be used to minimize runoff and to enhance infiltration include Dutch drains, precast concrete lattice blocks and bricks, terraces, diversions, runoff spreaders, seepage pits, and recharge basins. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00015 November 5, 2003 Page 8 Noise 1) Construction or grading shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. 2) Construction or grading noise levels shall not exceed the standards specified in Development Code Section 17.02.120-D, as measured at the property line. The developer shall hire a consultant to perform weekly noise level monitoring as specified in Development Code Section 17.02.120. Monitoring at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards, then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards, then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 3) Haul truck deliveries shall not take place between the hours of 8:00 p.m. and 6:30 a.m. on weekdays, including Saturday, or at any time on Sunday or a national holiday. Additionally, if heavy trucks used for hauling would exceed 100 daily trips (counting both to and from the construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible, the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 5. This Council hereby provides notice to the appellant and Cecil R. Carney that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 6. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to the appellant and Cecil R. Carney at the address identified in City records. N 00'29'00' E 422.2¢' 100.02' LOT 3 LOT 4 ~uJ~' ' COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2003-00015 SUBJECT: DEVELOPMENT REVIEW FOR FOUR SINGLE-FAMILY HOMES APPLICANT: CECIL R. CARNEY LOCATION: WEST SIDE OF KLUSMAN NORTH OF DIAMOND AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements completion Date 1. The applicant shall agree to defend at his sole expense any action brought against the City, its ___/ / agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretioh, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Approval of Development Review DRC2003-00015 is granted subject to the approval of Variance _._/ / DRC2003-00017 and Minor Exception DRC2003-00016. 3. Copies of the signed Planning Commission Resolution of Approval No. 03-112, Standard ~/ / Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. B. Time Limits 1. Conditional Use Permit, Variance, or Development/Design Review approval shall expire if .~/ / building permits are not issued or approved use has not commenced within 5 years from the date of approval. No extensions are allowed. C. Site Development 1. The site shall be developed and maintained in accordance with the approved plans which include ~ / site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, and Development Code regulations. 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions __/ / of Approval shall be completed to the satisfaction of the City Planner. sc-0,-03 , Project No. DRC2003-00015. ComDletion Date 3. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and / / State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety Division to show compliance. The buildings shall be inspected for compliance prior to occupancy. 4. Revised site plans and building elevations incorporating all Conditions of Approval shall be /__J submitted for City Planner review and approval prior to the issuance of building permits. 5. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for /. / consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all / / other applicable City Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance. 7. If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with /___/ all receptacles shielded from public view. 8. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be / / located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner. For single- family residential developments, transformers shall be placed in underground vaults. 9. All building numbers and individual units shall be identified in a clear and concise manner, / / including proper illumination. 10. All parkways, open areas, and landscaping shall be permanently maintained by the property / / owner, homeowners' association, or other means acceptable to the City. Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 11. The developer shall submit a construction access plan and schedule for the development of all / / lots for City Planner and City Engineer approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 12. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall / / condition would result, the developer shall make a good faith effort to work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/fences along the project's perimeter. 13. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. / / 14. For residential development, recreation area/facility shall be provided as required by the / / Development Code. 15. Where rock cobble is used, it shall be real river rock. Other stone veneers may be manufactured / / products. 16. Distance between rear of house and toe of slope shall be 15 feet minimum / / 17. Construct block wails between homes (i.e., along interior side and rear property lines), rather than / / wood fencing, for permanence, durability, and design consistency. D. Building Design 1. All roof appurtenances, including air conditioners and other roof mounted equipment and/or / ./ projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Planning Division. Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner. Details shall be included in building plans. SC-07-03 2 3 ~,,:~ Project No. DRC2003-00015 Completion Date. E. Parking and Vehicular Access (indicate details on building plans) 1. All units shall be provided with garage door openers if driveways are less than 18 feet in depth / L from back of sidewalk. 2. Multiple car garage driveways shall be tapered down to a standard two-car width at street. / / F. Landscaping 1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in ~ / the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision. 2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1 / / slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control. Slope planting required bythis section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater /.__/ slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1 -gallon or larger size shrub per each 100 sq. ft. of slope area, and appropriate ground cover. In addition, slope banks in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. 4. For single-family residential development, all slope planting and irrigation shall be continuously / / maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in satisfactory condition. 5. Front yard and corner side yard landscaping and irrigation shall be required per the Development .~/ / Code. This requirement shall be in addition to the required street trees and slope planting. 6. The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be included in /__./ the required landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division. .7. Landscaping and irrigation systems required to be installed within the public right-of-way on the / / perimeter of this project area shall be continuously maintained by the developer. 8. All walls shall be provided with decorative treatment. If located in public maintenance areas, the / / design shall be coordinated with the Engineering Division. G. Environmental 1. Mitigation measures are required for the project. The applicant is responsible for the cost of / / implementing said measures, including monitoring and reporting. Applicant shall be required to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719.00 prior to the issuance of building permits, guaranteeing satisfactory performance and completion of all mitigation measures. These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures. Failure to complete all actions required by the approved environmental documents shall be considered grounds for forfeit. SC-07-03 3 3~'3 Project No. DRC2003-O0015 Completion Date H. Other Agencies 1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location /. / of mailboxes. Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting. The final location of the mailboxes and the design of the overhead structure shall be subject to City Planner review and approval prior to the issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) I. General Requirements 1. Submit five complete sets of plans including the following: / / a. Site/Plot Plan; b. Foundation Plan; c. Floor Plan; d. Ceiling and Roof Framing Plan; e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams; f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning; and g. Planning Division Project Number (i.e., DRC2003-00015) clearly identified on the outside of all plans. 2. Submit two sets of structural calculations, energy conservation calculations, and a soils report. __/ / Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal. 3. Contractors must show proof of State and City licenses and Workers' Compensation coverage to / / the City prior to permit issuance. 4. Separate permits are required for fencing and/or walls. __/ / 5. Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can ~/ / contact the Building and Safety Division staff for information and submittal requirements. J. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be ___/ /__ marked with the project file number (i.e., DRC2003-00015). The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application. Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Prior to issuance of building permits for a new residential project or major addition, the applicant ___/ / shall pay development fees at the established rate. Such fees may include, but are not limited to: City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety Division prior to permit issuance. SC-07-03 4 L~ ~"'(7~ Projsct No. DRC2003-00015 Completion Date 3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map ~/ / recordation and prior to issuance of building permits. · 4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday / / through Saturday, with no construction on Sunday or holidays. K. New Structures 1. Provide compliance with the California Building Code (CBC) for property line clearances considering use, area, and fire-resistiveness. 2. Provide compliance with the California Building Code for required occupancy separations. / / 3. Roofing material shall be installed per the manufacturer's "high wind" instructions. /__~ L, Grading 1. Grading of the subject property shall be in accordance with California Building Code, City Grading / / Standards, and accepted grading practices. The final grading plan shall be in substantial conformance with the approved grading plan. 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to / / perform such work. 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the __/ / time of application for grading plan check. 4. The final grading, appropriate certifications and compaction reports shall be completed, / / submitted, and approved by the Building and Safety Official prior to the issuance of building permits. 5. A separate grading plan check submittal is required for all new construction projects and for / / existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California registered Civil Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: M. Dedication and Vehicular Access 1. Rights-of-way and easements shall be dedicated to the City for all interior public streets, ___/ / comm unity trails, public paseos, public landscape areas, street trees, traffic signal encroachment and maintenance, and public drainage facilities as shown on the plans and/or tentative map. Private easements for non-public facilities (cross-lot drainage, local feeder trails, etc.) shall be reserved as shown on the plans and/or tentative map. 2. Dedication shall be made of the following rights-of-way on the perimeter streets (measum~ from ~ / street centerline): 30 total feet on Klusman Avenue. ~ / 3. Corner property line cutoffs shall be dedicated per City Standards. / Project No. DRC2003-O0015 Completion Date N. Street Improvements 1. Construct the following perimeter street improvements including, but not limited to: / / Curb & ~.C. Side- Drive Street Street Comm Median Bike Street Name Gutter Pvmt walk Appr. Lights Trees Trail Island Trail Other Klusman Avenue X X X X X X x Diamond Avenue Notes: (a) Median island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114. (d) If so marked, an in-lieu of construction fee shall be provided for this item. 2. Improvement Plans and Construction: a. Street improvement plans, including street trees, street lights, and intersection safety lights~ / on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the issuance of building permits, whichever occurs first. b. Prior to any work being performed in public right-of-way, fees shall be paid and a ___/.~ construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduit, and /.~/ interconnect conduit shall be installed to the satisfaction of the City Engineer. d. Signal conduit with pull boxes shall be installed with any new construction or reconstruction /___/ project along major or secondaPJ streets and at intersections for future traffic signals and interconnect wiring. Pull boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer Notes: 1)Pull boxes shall be No. 6 at intersections and No. 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer. 2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified. e: Handicapped access ramps shall be installed on all comers of intersections per City / / Standards or as directed by the City Engineer. f. Existing City reads requiring construction shall remain open to traffic at all times with / / adequate detours during construction. Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engineer. g. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be / / installed to City Standards, except for single family residential lots. h. Street names shall be approved by the City Planner prior to submittal for first plan check. / / 3. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in / / accordance wJth the Cites street tree program. SC-07-03 6 3~"~ Project No. DRC2003-00015 Completion Date 4. Install street trees per City street tree design guidelines and standards as follows. The completed / / legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engineer reserves the right to adjust tree species based upon field conditions and other variables. For additional information, contact the Project Engineer. GrowMin. Fill-in Street Name Botanical Name Common Name Space Spacing Size* Qty. Klusman Avenue"st.Magn°liaMary"grandifl°ra NCN 3 feet 20 o.c. 15-gal. *TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED. Construction Notes for Street Trees: 1) All street trees are to be planted in accordance with City standard plans. 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector. Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3)All street trees are subject to inspection and acceptance by the Engineering Division. 4)Street trees are to be planted per public improvement plans only. 5. Intersection line of sight designs shall be reviewed by the City Engineer for conformance with __J / adopted policy. On collector or larger streets, lines of sight shall be plotted for all project intersections, including driveways. Local residential street intersections and commercial or industrial driveways may have lines of sight plotted as required. O. Public Maintenance Areas 1. A signed consent and waiver form to join and/or form the appropriate Landscape and Lighting ~ / Districts shall be filed with the City Engineer prior to final map approval or issuance of building permits whichever occurs first. Formation costs shall be borne by the developer. P, Drainage and Flood Control 1. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the ~ / property from adjacent areas. Q. Utilities 1. Provide separate utility services to each parcel including sanitary sewerage system, water, gas, ~ / electric power, telephone, and cable TV (all underground) in accordance with the Utility Standards. Easements shall be provided as required. 2. The developer shall be responsible for the relocation of existing utilities as necessary. / / 3. Water and sewer plans shall be designed and constructed to meet the requirements of the / / Cucamonga County Water District (CCWD), Rancho Cucamonga Fire Protection District, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from the CCWD is required prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days prior to final map approval in the case of subdivision or prior to the issuance of permits in the case of all other residential projects. 4. Approvals have not been secured from all utilities and other interested agencies involved. / / Approval of the final pamel map will be subject to any requirements that may be received from them. s o,.o , Project No. DRC2003-00015 Comoletion Date R. General Requirements and Approvals 1. A non-refundable deposit shall be paid to the City, covering the estimated operating Costs for all ~ / new streetlights for the first six months of operation, prior to final map approval or prior to building permit issuance if no map is involved. APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: S. Security Hardware 1. A secondary locking device shall be installed on all sliding glass doom. /----/ 2. One-inch single cylinder dead bolts shall be installed on all entrance doom. If windows are within /__/ 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used. T. Windows 1. All sliding glass windows shall have secondary locking devices and should not be able to be lifted / /..__ from frame or track in any manner. U, Building Numbering 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime/ / visibility. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-07-03 8 ~'~4~;>' FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-03-0897 PROJECT #: DRC2003-00015 PROJECT NAME: Klusman Residences DATE: June 15, 2003 PLAN TYPE: SFR APPLICANT NAME: Cecil Carney OCCUPANCY CLASS: Group R-3 FLOOR AREA (S): Up to 2800 Square feet TYPE CONSTRUCTION: Type V FIRE PROTECTION SYSTEM REQUIRED: Fire Sprinklers for Lot 4 LOCATION: Klusman S/O Banyan FD REVIEW BY: Tim Fejeran, Fire Inspector PLANNER: Rick Fisher ALL OF THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, TO VERIFY COMPLIANCE WITH THE FOLLOWING: RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS & REQUIREMENTS - General, Procedural, Technical, or Operational Information that shall be Included, Corrected, or Completed as noted below. The following is applicable to the above project. FSC-1 General Requirements fo~ Public and Private Water Supply 1. General Guidance for Fire Hydrants: The following provides general guidance for the spacing and location of fire hydrants. Remember these are the maximum permitted distances between fire hydrants: a. The maximum distance between fire hydrants in single-family residential projects is 500-feet. No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant. For cul-de-sacs the distance shall not exceed 200 ft. b. Fire hydrants are to be located: i) At the entrance(s) to a project from the existing public roadways. This includes subdivisions and industrial parks. ii) At intersections. iii) On the right side of the street, whenever practical and possible. iv) As required by the Fire Safety Division to meet operational needs. v) The location of fire hydrants is based upon the operational needs of the Fire District to control a fire. vi) Fire hydrants shall be located a minimum of forty (40) feet from any building. Contact the Fire Safety Division (909) 477-2770 2. Minimum Fire Flow: The required fire flow for this project is 1500 gallons per minute at a minimum residual pressure of 20 pounds per square inch. This requirement is made in accordance with Fire Code Appendix Ill-A, as amended. Please see "Water Availability" attachment for required verification of fire flow availability for the proposed project. Contact the Fire Safety Division (909) 477-2770 3. Show Existing Fire Hydrants and Mains: Existing fire hydrants and mains within 600-feet of the project shall be shown on the water plan submitted for review and approval. Include main size. FSC-3 Automatic Fire Sprinkler Systems- Technical Comments 1. Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any of the following: a. All structures that do not meet Fire District access requirements (See Fire Access) b. Lot 4 requires fire sprinklers to mitigate access. Contact the Fire Safety Division (909) 477-2770 F$C-4 Fire District Site Access- Technical Comments 1. Access Roadways Defined: Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes. 2. Location of Access: All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the building. Landscaped ames, unpaved changes in elevation gates, and fences are an obstruction. FSC-14 Alternate Materials and Methods The Fire Safety Division will review requests for altemate materials and methods within the scope of our author'S. The request must be submitted on the Fire District =Application for Alternate Metho~ form along with supporting documents. Contact the Fire Safety Division at (909) 477-2770 for assistance. PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1. Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cccamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers." On private property these markers are to be maintained in good condition by the property owner. Contact Building and Safety/Fire Construction Services (909) 477-2713. 2. Address Single-family: New single-family dwellings shall post the address with minimum 4-inch numbers on a contrasting background. The numbers shall be internally or externelly illuminated during periods of darkness. The numbers shall be visible from the street. When building setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the properb/entry. A RESOLUTION OF THE N OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, UPHOLDING THE ACTION OF THE PLANNING COMMISSION AND APPROVING VARIANCE DRC2003-00017 TO REDUCE THE LOT DEPTH FROM 100 FEET TO 80 FEET FOR THE 1.1 ACRE PROPERTY IN THE LOW RESIDENTIAL DISTRICT, LOCATED ON THE WEST SIDE OF KLUSMAN AVENUE, NORTH OF DIAMOND AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1062-401-05. A. Recitals. 1. Cecil Carney filed an application for the issuance of Variance No. DRC2003-00017, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Variance request is referred to as "the application." 2. On the 27th day of August 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public headng on the application and following the conclusion of said hearing, the Planning Commission adopted its Resolution No. 03-114 approving the application. 3. The decision represented by said Planning Commission Resolution was timely appealed to the City Council. Subsequently, the City Planner contacted the appellant and residents within the surrounding neighborhood to discuss their concerns. Said discussions culminated in a meeting with the residents, the City Planner, and the applicant on September 24, 2003. During said September 24, 2003, meeting, the City Planner presented an alternative Site Plan concept based upon the City's standard for a reduced 25-foot radius turnaround, instead of a 38-foot radius cul-de-sac bulb. This alternative offers several advantages: 1) eliminates a need for front setback variance on Lot 3; 2) reduces the amount of vadance for lot depth on Lot 3 (lot depth would be 80 feet, the same as Lots 1 and 2; and 3) works within a standard 60 foot right-of-way (no additional dedication needed from existing homeowners). Additionally, the applicant offered to redesign the homes to reduce the footprint to eliminate a need for minor exception for rear setback and delete second floor windows or use frosted "non-vision" glass along the west elevations to maintain privacy of the existing neighborhood. 4. On October 1,2003, this Council continued the duly noticed public hearing on the appeal to their November 5, 2003 agenda. 5. On the 8th day of October 2003, the Planning Commission of the City of Rancho Cucamonga held a public headng to consider the related Variance DRC2003-00017 again, including an alternative Site Plan design that eliminated the need for two out of three variances, and following the conclusion of said October 8, 2003 meeting, the Planning Commission adopted its Resolution No. 03-145 approving said Variance. 6. On November 5, 2003, this Council conducted a duly noticed public hearing on the application and concluded said hearing on that date. 7. All legal prerequisites prior to the adoption of this Resolution have occurred. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00017 - CARNEY November 5, 2003 Page 2 B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to this Council during the above- referenced public hearing on November 5, 2003, including written and oral staff reports, the minutes of the above-referenced Planning Commission meeting, and the contents of Planning Commission Resolution No. 03-145, together with public testimony, this Council hereby specifically finds as follows: a. The application applies to a 1.1 acre property located on the west side of Klusman Avenue north of Diamond Avenue, with a street frontage of 304 feet and lot depth of 80 feet (after dedication for Klusman Avenue), and is presently vacant; and b. The property to the north of the subject site is single-family residential; the property to the south across Diamond Avenue is single-family residential; the property to the east across Klusman Avenue is single-family residential; and the property to the west is single-family residential; and c. The existing lot depth of 80 feet precludes the proposed development from complying with the 100-foot minimum lot depth. d. The applicant conducted a meeting on May 14, 2003, at which eight residents attended, to inform surrounding neighborhood residents of the proposed project and to obtain their feedback. e. The proposed lots exceed the minimum standards of the Low Residential District, except for lot depth. The proposed lots range in size from 7,247 square feet to 12,000 square feet, and the average lot size is 8,912 square feet The proposed development exceeds the City's standard for the Low Residential zone of 7,200 square feet minimum and 8,000 square feet average lot size. f. The gross area of the project site as measured to the centerline of Klusman Avenue and Diamond Avenue, is 1.108 acres; therefore, up to 4 homes are allowed in the Low Residential zone (2-4 dwelling units per acre). Project density is 3.61 dwelling units per acre. 3. Based upon the substantial evidence presented to this Council during the above- referenced public hearing and upon the specific findings of facts set forth in paragraphs I and 2 above, this Council hereby finds and concludes as follows: a. That strict or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code. CITY COUNCIL RESOLUTION NO. 03- DRC2003-00017 - CARNEY November 5, 2003 Page 3 b. That there are exceptional or extraordinary cimumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. d. That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. e. That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 4. The City Council hereby finds and determines that the project identified in this Resolution is categorically exempt from the requirements of the Califomia Environmental Quality ACt (CEQA) of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15305 of the State CEQA Guidelines. 5. Based upon the findings and conclusions set forth in paragraphs 1,2, 3, and 4 above, this Council denies the appeal, upholds the action of the Planning Commission, and hereby approves the application subject to each and every condition below: Planning Division 1 ) The project shall be developed consistent with the altemative Site Plan layout based upon a reduced radius turnaround as shown on the attached Exhibit "A." 2) The second floor windows on the west elevation shall be deleted or changed to non-vision glass. 3) The Floor Plans shall be modified to reduce the size of the building footprint in order to meet the 20-feet rear yard setback, while maintaining the 32-foot minimum front setback. 6. This Council hereby provides notice to the appellant and Cecil R. Carney that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6. 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to: (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return-receipt requested, to appellant and Cecil R. Carney at the address identified in City records. N 00'29'00' £ 422.24' 100.02' LOT 3 LOT 4 PLAN2 PLAN1 THE CITY OF I~ANCIlO CUCAHONGA DATE: November 5, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2003-00709 - CHARLES JOSEPH ASSOCIATES - A proposed amendment to the text of the Development Code to allow self-storage facilities within residential zones, under specific circumstances, with the approval of a Conditional Use Permit. RECOMMENDATION The Planning Commission recommends approval of Development Code Amendment DRC2003-00709 by adoption of the attached Ordinance. BACKGROUND/ANALYSIS The Planning Commission staff report dated September 24, 2003, provides a detailed analysis of the proposed Development Code Amendment. Charles Joseph Associates proposed the Development Code amendment on behalf of Aim All Storage. The proposed amendment will allow the consideration of public storage in residential designated areas (except in the Very Low Residential District) with the approval of a Conditional Use Permit. The public storage use in the residential district will be considered only when the proposed use will provide an opportunity to mitigate the impacts of noise, traffic, or other nuisances, from existing single-family neighborhoods that are adjacent to identified parcels, which are specifically identified in the Code Amendment. Although the proposed amendment will apply to parcels City-wide, except as noted below, one specific parcel where such conditions may be applicable is a 7 acre site located at the southeast corner of Haven Avenue and 1-210 Freeway. Aim-All storage submitted an application for consideration (DRC2003-00850), subject to Council approval of this amendment. This Development Code Amendment would not change the regulations in the following areas that are governed by other zoning documents: Etiwanda Planned Community, North Etiwanda, Rancho Etiwanda, Terra Vista Planned Community, Victoria Planned Community, or Foothill Boulevard. CITY COUNCIL STAFF REPORT DRC2003-00709 - CHARLES JOSEPH ASSOCIATES November 5, 2003 Page 2 CORRESPONDENCE This item was advertised as a public hearing in the Inland Valley Daily Bulletin newspaper, using a 1/8 page ad, and notices were mailed to all property owners within a 300 foot radius of a proposed project site (DRC2003-00850 - Aim All Storage), located on the southwest corner of Haven Avenue and the 1-210 Freeway. Prior to the Planning Commission meeting of September 24, 2003 staff had received four letters of opposition to the proposed Development Code Amendment. A sample is included as Planning Commission Exhibit "C," in which the applicant provided a response to each of the four individuals that is included as Planning Commission Exhibit "D." Respectfully submitted, Brad Buller City Planner BB:DM:mlg Attachments: Planning Commission Staff Repor[ dated September 24, 2003 Draft Ordinance for DRC2003-00709 THE C ] T Y OF I~AN CflO CUCA~ONGA Staff Report DATE: September 24, 2003 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Debra Meier, AICP, Associate Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2003-00709 - CHARLES JOSEPH ASSOCIATES - A proposed Development Code text amendment that would allow self- storage facilities within residential zones, under specific circumstances with the approval of a Conditional Use Permit. BACKGROUND: On August 13, 2003, the Planning Commission approved, by minute action, a request to initiate a Development Code Amendment that would allow self-storage (also referred to as mini-storage or public storage) within residential land use districts, under specific circumstances, with the approval of a Conditional Use Permit. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where the transition between the existing residential neighborhood and non-residential influences (i.e. high-traffic_,]high-noise corridors, or commercial or industrial land uses, etc.) is a primary design issue. Although the Development Code Amendment will apply citywide, one such example is the 7-acre parcel of land located on the east side of Haven Avenue, immediately south of the 210 Freeway eastbound on-ramp. Not only is this parcel adjacent to Haven Avenue and the freeway on-ramp, it is bordered on the south and east by an existing single- family neighborhood. Parcels such as this one have a unique design constraint - if the entire parcel were to be developed with single-family residential, in conformance with the existing land use designation, future residents may be subjected to high noise levels or other nuisances; on the other hand, any proposal to change the land use designation, to General Commercial for example, which is usually appropriate along high- traffic corridors, would open the door for many other undesirable land uses that would not be compatible to the existing single-family neighborhood. ANALYSIS: As an alternative, the requested Development Code Amendment would allow public storage in residential land use districts (except Very Low Residential), specifically as an opportunity to mitigate the impacts associated with high-traffic/high-noise corridors or other factors from the existing single-family neighborhood, as noted in Table 17.080.050-F and as described in Section 17.080.050.F - Land Use Conflicts. The request would include text amendments in the Development Code to the following portions of Chapter 17.08- Residential Districts: PLANNING COMMISSION STAFF REPORT DRC2003-00709 - CHARLES JOSEPH ASSOCIATES September 24, 2003 Page 2 1. Table 17.08.030 - Use Regulations The Public Storage Facility has been incorporated along with the Recreational Vehicle Storage Yard in Section B - Other Uses. The Development Code Text Amendment would allow review and approval of a Conditional Use Permit for Self Storage facilities, in the same manor that RV Storage is currently a Conditionally Permitted use within these designations. This approach was successfully used within the Victoria Planned Community. 2. Section 17.08.030.E .5 - Special Use Regulations/Recreational Vehicle Storage Yard. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where this transition between the existing residential neighborhood and non-residential influences (i.e. high traffic corridors, commercial or industrial land uses, etc.) is a primary design issue that prevents desirable development, resulting in such parcels remaining undeveloped or under-developed. The proposed Amendment would permit the consideration of public storage use that would act as mitigational buffers for residential developments impacted by unchangeable environmental issues, such as traffic and noise. 3. Section 17.08.050.F - Land Use Conflicts The limits within this text amendment would allow Public Storage uses only in the case of mitigating land use conflicts such as noise buffers from major freeways to residential developments, as outlined in Section 17.08.050.F.1 .d - Orientation and Section 17.08.050.F. 1 .e - Barriers and Alleviation. The specific references to public storage being allowed in residential districts as a mitigation tool between major land use conflicts, is a way for City staff and the Planning Commission to subjectively determine locations that meet these criteria. CORRESPONDENCE: This item was advertised as a public headng in the Inland Valley Daily Bulletin newspaper, using an 1/8 page ad, and notices were mailed to all property owners within a 300-foot radius of a proposed project site (DRC2003-00850 - Aim All Storage) located at the southeast corner of Haven Avenue and the 210 Freeway. In response to the notice, staff received the same form letter from four residents (one sample copy is attached as Exhibit "C." The applicant provided a written response to each resident and a copy of a typical response is included for your reference (Exhibit"D"). RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of Development Code Amendment DRC2003-00709 to the City Council, through adoption of the attached Resolution. Brad Buller City Planner Attachments: Exhibit "A" - Applicant's Letter dated August 5, 2003 Exhibit"B" - Proposed Development Code Chapter 17.08 Text Amendment Exhibit"C" - Sample Residents' Letter Exhibit "D" - Applicant's Response Letter to Residents' Letters Resolution Recommending Approval of Development Code Amendment DRC2003-00709 CHARLES JOSEPH ASSOCIATES OFFICE 909e481e1822 800o240e1822 FAX 909e481'1824 CITY CENTER · 10681 FOOTHILL BLVD., SUITE 395 · RANCHO CUCAMONGA, CA · 91730 TO: DEBRA MEIER, CITY OF RANCHO CUCAMONGA PLANNING FROM: CHUCK BUQUET SUBJECT: TEXT AMENDMENT TO DEVELOPMENT CODE DATE: AUGUST, 5TM, 2003 We request that the attached text amendment to 17.08.030~r''Recreational Vehicle Storage Yard' and to 17.08.050-F-1 "Land Use Conflict Mitigation Measures" be approved to conditionally permit public storage as within residential zoning for mitigation land use conflicts outlined in Rancho Cucamonga Development Code 17.08.050 F-1. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where this ~ransifion between the existing residential neighborhood and non-residential influences (i~e. high traffic corridors, commerdal land uses, etc.) is a primary design issue that prevents desirable devdopment and leaves these parcels undeveloped. We believe that allowing this much needed use wifliin the development codes mentioned above will allow complimentary uses and act as mitigation buffers for residen6al developments impacted by unchangeable environmental issues, such as traffic noise. General Plan Amendments will possibly open the door for Genexal Commercial land uses that may be undesirable by the City of Rancho Cucamonga if the applicant does not, or cannot develop the site. We propose a text amendment that will allow Self Storage to the existing "Special Use Regulations" found in 17.08.030-E of the Rancho Cucamonga Development Code, which conditionally permits Recreational Vehicle Storage witlfin residential districts L~H density projects. We have chosen th/s Text Amendment to the Development Code in lieu of a general plan amendment so that the City of Rancho Cucamonga can approve a Conditionally Permitted Use Self Storage facility in the same manor that RV Storage is currently Conditionally Permitted use within these desibmations. In fact, our proposed site will also include Recreational Vehicle storage for the Community. The limits within this text amendment designation would Public Storage Buildings only in the case of mitigating land use conflicts such as noise buffers from major freeways to residential developments, as outlined in "17.08-30-D Orientation (3)" and "17.08-30-E Barriers and Alleviation (2)". We believe the specific references to public storage only being allowed, as a mitigation tool between major land use conflicts, is a way for the City of Rancho Cucamonga to subjectively determine locations that meet these criteria. (First set (4f Text to be amended ) Rancho Cucamonga Development Code Section 1 Z 08. 030 (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and exterior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. 5. Recreational Vehicle Storage Yard. The parking and storage of recreational vehicles and public storage in proximity to residential users shall be permitted only on lots of 2 acres or more unless part of a master planned development, subject to approval of a Conditional Use Permit. a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping, or constructed building mass for storage purposes, which may be used as a means to mitigate land use conflicts outlined in 17.08.50 F. b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are prohibited. 6. Second Dwelling Units. Permitted subject to approval of a Conditional Use Permit and the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single family residential district. b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single family detached residence, and does not contain a guest house. d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. f. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or side yard setback for the primary unit. Temporary removable units shall provide one offstreet parking space. g. The unit construction shall conform to the site development criteria applicable to accessory buildings or additions to main residence in the base district in which the unit is located. 17.08-8 3/01 (Second set qf Text to be amended ) Rancho Cucamonga Development Code Section 17.08.050 minimize alteration of the landform through proper site planning, clustering, and following natural contours. 2. The Project is located within a major groundwater recharge area, as identified in Figure 1V-2 of the General Plan, and development has been clustered to promote infiltration and to maintain open space. 3. The Project contains streamside woodland associations, identified as a significant natural resource in Figure IV-2 of the General Plan, and site investigations have been completed, and mitigation measures proposed (including clustering) to mitigate impacts upon riparian community. 4. The Project is located on a site or contains a structure or other feature which is designated as a historic landmark, and provision has been made for preservation of said landmark in accordance with the Historic Preservation Ordinance. 5. The Project site is designated by the General Plan as Hillside Residential, or is a hillside condition (defined as having natural slopes 8 percent or greater), and environmental studies have been conducted to deternmne land holding capacity and site development constraints, and the proposed density is no greater than two units per net build able acre. 6. The Project site is designated by the General Plan as Open Space, and development has been concentrated to preserve open space, and the proposed density is no greater than an average density of one unit per 40 acres. 7. The Project promotes energy efficiency through the use of energy efficient building design (e.g., south facing windows, energy conserving building materials and appliances, etc.) and site planning (e.g., east-west aligned units, landscaping f or solar access, etc.). 8. The Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading techniques. F. Land Use Conflicts. The matrix in Table 17.08.050-F indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the following sections are the design tools that should be employed either separately or in combination to mitigate existing or potential land use conflicts. The Absolute Policies require that such conflicts be effectively mitigated in the project design. 1. Land Use Conflict Mitigation Measures. a. Open Space Setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the severity of conflict and the extent of landscaping. To work effectively, the ownership, use, and maintenance of the open space buffer must be clearly defined. b. Landscaping and Topographic Changes. As part of an open space buffer or as a treatment of land immediately adjacent to buildings, landscaping can be used to reduce conflicts. 17.08-29 (Second set (df Text to be amended continued) Rancho Cucamonga Development Code Section 17.08.050 c. Dense Plantings of Evergreens Can Provide a Visual Buffer. (1) Sensitive landscaping can soften the sharp visual contrast between two abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge between uses. (2) Dense growth of plants can be visually appealing but also can be used to discourage unwanted and unsafe pedesthan or bicycle access between land uses. (3) Landscaping can be used in combination with other mitigation measures, such as reducing the width of open space buffer required and soften the visual conflict created by safety and security fences. (4) Recontouring of the land can alter views, subdue sounds, reduce glare, change the sense of proximity, and channel pedestrian tray el. d. Orientation. The strict spatial proximity between land uses and the apparent or functional proximity can be very different depending on the orientation of buildings and activities in the two land uses. (1) The buildings themselves can cause a buffer to be created by effectively turning their backs on each other -- orienting views, access, and principal activities away from the other land use. Care must be taken, however, that a hazardous and unaesthet/c "no-mans" land is not created in the process. (2) Alternately, the intervening space can be eliminated altogether if the two buildings share a common back wall. (3) An entire site plan shall be oriented so that the activities and functions are aligned hierarchically-- placing those least compatible furthest from the common boundary between land uses only to avoid land use conflicts (i.e.. loud noise generating freeways adjacent to single family residential) and those most compatible near that boundary (i.e., single story adjacent to single story). e. Barriers and Alleviation. It may be appropriate and necessary to use physical barriers to prevent the undesirable attributes of one land use from affecting the people and activities in the adjacent land use. (1) Fences, walls, and berms can prevent the passage of people into areas that would be unsafe or insecure. (2) Light and noise can also ke mitigated through physical barriers such as fences, walls, berms, screens, compatible non-residenhal buildings and landscaping. f. Architectural Compatibility. Ir/addition to the architectural considerations involved in mitigation through orientation, the architectural design of buildings can reduce conflict and promote compatibility. (1) Materials, colors, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transit/on fi-om one land use to another rather than a sharp and displeasing contrast. Purely aesthetic details that are "tacked" onto a building to cover up land use conflicts, however, will cause more harm than good. ' ' 17.08-30 1/02 Rancho Cucamonga Development Code Section 17. 08.050 (2) The architectural compatibility should r/se from a total consideration of the function of each land use and the function of the space between them. g. Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts. Separation of conflicting uses with a street or parking area can provide a buffer. 17.08-31 Rancho Cucamonga Development Code Section 17.08.030 USE VL L LM M MH H 17. Utility or Service Facility C C C C C C 18. Recreational Vehicle Storage C C C C C or Mini-Storage for public use C. Accessory Uses 1. Accessory Structure P P P P P P 2. Antenna P P P P P P 3. Caretaker's Residence C C C C C C 4. Guest House P P P 5. Home Occupation P P P P P P 6. Lodging Unit P P P 7. Other Accessory Uses P P P P P P 8. Private Garage P P P P P P 9. Private Swimming Pool P P P P P P 10. Second Dwelling Unit (including p p p elder cottage) 12. Feed & Tack Store (if accessory to C commercial stable) 13. Dormitory (if accessory to college or C C C C C C school) 14. Uses in Historic Structures C C C C C C D. Temporary Uses 1. Temporary Uses as prescribed in Section 17.04.070 and subject to P P P P P P those provisions. 2. Temporary trailers for use in conjunction with religious and C C C C C C agricultural uses for a specified interim period. p = Permitted Use C = Conditional Use Permit required E. Special Use Requlations 1. Aqricultural Uses. Prior to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: I ! ~'~ 17.08-4 07/O3 Rancho Cucamonga Development Code Section 17.08. 030 Minimum Site Maximum Allowable Area Per Number Of Residential Type of Animal Animal(s) Animals On Required An~/SiteCA) District 7, Household pets other than a cat or dog None No Maximum All 8. Exotic or Wild Animals (el ¢~l All Notes: (Al Young animals bom to a permitted animal kept on the site may be kept until such animals are weaned. (cats and dogs - 4 months; large animals - 6 months; horses - 12 months) (B) As established by Conditional Use Penmit review. (C) A minimum of 20,000 square feet of lot is required to maintain these animals. (D) More than 5 birds or rodents per each 5,000 square feet of site area may be permitted subject to approval of a Conditional Use Perm/t. (El A pony, which is defined as any horse measuring 14 hands and 2 inches or less in height at the withers, may be kept in addition to the keeping of two horses or in lieu of two horses, three ponies may be kept on a 20,000 square foot lot. 3. Home Occupations. The use of a residence for business purposes shall be permitted subject to issuance of a Home Occupation Permit (See Section 17.04.060). 4. Mobile Homes. One mobile home is permitted on a lot in a residential District. except Very Low, subject to the following requirements: a. The mobile home is placed on a permanent foundation system in compliance with all applicable building regulations. b. The mobile home construction is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and which was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the Building and Safety Division in order to secure valid building permit(s). c. The Design Review Committee shall determine if the placement of the mobile home is compatible to the immediate area in which it is being placed in accordance with Section 17.06.010 and the following criteria: (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and exterior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. 5. Recreational Vehicle Storage ¥crd or Mini-Storaqe Facilities. The parking and storage of recreational vehicles and mini-storage facilities in proximity to residential users shall be permitted only on lots of 2 acres or more unless part of a master planned development, subject to appro~/al of a Conditional Use Permit. 17.08-7 3/01 Rancho Cucamonga Development Code Section 17.08.030 a. AI~ storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping, or building mass. The development of mini-storage facilities may be considered in residential land use districts as a means of mitigating land use conflicts outlined in Section 17.08.050.F. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where this transition between the existing residential neighborhood and non-residential influences (i.e. high traffic corridors, commercial or industrial land uses, etc.) is a primary design issue that prevents desirable development, resulting in such parcels remaining undeveloped or under-developed. The mini-storage use would be considered in situations where the facility would act as mitigational buffers for residential developments impacted by unchangeable environmental issues, such as traffic and noise, as determined by the Planning Commission. b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are prohibited. C. The development of the mini-storage facility is subject to all Site Development Criteria as detailed in Section 17.10.040; and the Performance Standards as outlined in Section t7.10.050. 6. Second Dwellinq Units. Permitted subject to the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a pamel in a single-family residential district. b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. f. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or 3/01 Rancho Cucamonga Development Code Section 17.08.050 7. The Project promotes energy efficiency through the use of energy efficient building design (e.g., south facing windows, energy conserving building materials and appliances, etc.) and site planning (e.g., east-west aligned units, landscaping for solar access, etc.). 8. The Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading techniques. F. Land Use Conflicts. The matrix in Table 17.08.050-F indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the following sections are the design tools that should be employed either separately or in combination to mitigate existing or potential land use conflicts. The Absolute Policies require that such conflicts be effectively mitigated in the project design. 1. Land Use Conflict Mitigation Measures. a. Open Space Setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the severity of conflict and the extent of landscaping. To work effectively, the ownership, use, and maintenance of the open space buffer must be clearly defined. b. Landscapinq and Topoqraphic Chanqes. As part of an open space buffer or as a treatment of land immediately adjacgnt to buildings, landscaping can be used to reduce conflicts. c. Dense Plantinqs of Everqreens Can Provide a Visual Buffer. (1) Sensitive landscaping can soften the sharp visual contrast between two abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge between uses. (2) Dense growth of plants can be visually appealing but also can be used to discourage unwanted and unsafe pedestrian or bicycle access between land uses. (3) Landscaping can be used in combination with other mitigation measures, such as reducing the width of open space buffer required and soften the visual conflict created by safety and security fences. (4) Re-contouring of the land can alter views, subdue sounds, reduce glare, change the sense of proximity, and channel pedestrian travel. d. Orientation. The strict spatial proximity between land uses and the apparent or functional proximity can be very different depending on the orientation of buildings and activities in the two land uses. (1) The buildings themselves can cause a buffer to be created by effectively turning their backs on each other or by buffering residential land uses from offensive noise and traffic generating activities -- orienting views, access, and principal activities away from the other land use. Care must be taken, however, that a hazardous and unaesthetic "no-mans" land is not created in the process. Rancho Cucarnonga ;Development Code Section 17.08.050 (2) Alternately, the intervening space can be eliminated altogether if the two buildings share a common back wall. (3) An entire site plan shall be oriented so that the activities and functions are aligned hieramhically -- placing those least compatible furthest from the common boundary between land uses and those most compatible near that boundary (i.e., single story adjacent to single story). e. Barriers and Alleviation. It may be appropriate and necessary to use physical barriers to prevent the undesirable attributes of one land use from affecting the people and activities in the adjacent land use. (1) Fences, walls, and berms can prevent the passage of people into areas that would be unsafe or insecure. (2) Light and noise can also be mitigated through physical barriers such as fences, walls, berms, screens, landscaping, or compatible non- residential buildings or structures. f. Architectural Compatibility. In addition to the architectural considerations involved in mitigation through orientation, the architectural design of buildings can reduce conflict and promote compatibility. (1) Materials, colors, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use to another rather than a sharp and displeasing contrast. Purely aesthetic details that are "tacked" onto a building to cover up land use conflicts, however, will cause more harm than good. (2) The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them. g. Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts. Separation of conflicting uses with a street or parking area can provide a buffer. 17.08-31 Dear Members of the Planning Commission of the City of Rancho Cucamonga, This etter is to state our unequivocal opposition to the recent proposal to allow an amendment to the Development code. Specifically, to allow self storage facilities within residential areas. These are the following reasons for our opposition. 1) In the past, the City of Rancho Cucamonga has not changed the residential coding. Why start now? If this is the case, why did the City not allow property at the South East corner of Haven and the 210 Freeway, have a chumh building to be built, which would allow for much more enrichment of the community than a storage unit. Is money and taxes an issue? 2) Storage units encourage a transient population to use these storage facilities. There are very major problems with this. With San Bernardino County being called the "Methamphetamine Capital of the United States", Why does the City want to allow the installation of facilities that could be used for these very dangerous, illegal activities? The City of Rancho Cucamonga already has a large transient population with the amount of apartment buildings that are around. That transient population is not wanted in established single family residential areas, where families have lived for over 20 years. 3) Even though these facilities technically don't allow the storage of hazardous materials, this is a possibility. This is a danger that would put those in a residential area at risk. 4) I personally don't want a storage unit in my back yard. Who knows who is in those facilities at any given time. Noise is an issue. I already have noise from the freeway, I don't want more from somebody working on their boat or car. 5) Allowing this change to happen, allows for other changes, such as allowing a gas station or 7-11 type convenience store. This brings the possibility of increased crime. in ciosing, We believe that changing the zoning in a residential area is a bad idea and bad for the residences and families that would have to live in this area. Thank you for listening. We expect a right decision for the residents in this area. And that decision is no on changing the zoning. Gordon and Eileen Crowl, 19 year residents of the City of Rancho Cucamonga Charles PUBUC/PRIVATE SECTOR MANAGEMENT SERVICES September 15, 2003 Gordon and Eileen Crowi 6550 Valinda Avenue Alta Loma, CA 91737 Re: Development Code Amendment- DRC2003-0079 Dear Mr. and Mrs. Crowi: This is as a follow-up to review of your correspondence to theCity that was forwarded to our office for appropriate follow-up. We appreciate the opportunity to review your letter outlining your stated basis of objection to our project efforts and to provide you with additional information that we believe should be responsive to most of your concerns. Our office was contacted over the past couple of years by various interests that wanted to change the zoning the property located along Haven Avenue to Commercial zoning for the purpose of constructing gas station and convenience uses at this location. Our office declined to proceed in this regard, as we felt that this would not be a particularly compatible use for the existing residential properties east of this site. During meetings held with City Planning, we suggested that this would be a site that would work well for a combination self storage and residential development for a number of reasons. These n~ctings also determined that the best protection for the existing land use wes to amend the City's Development Code to allow for self-storage uses under specific circumstances that also exist at this location. In an effort to be helpful with providing additional information conceming our project efforts to date, the following is for your review and consideration: 1. As stated in the foregoing, we are not changing the existing residen§al zoning of this property. We have filed a Development Code Amendment that would allow for seE-storage uses within residential zoning under specific circumstances that currently exist at this location. By amending the Cede rather than changing the existing zoning, this is the only use that could be contemplated at this site other than residential development. W'~d3 the proximity of the 210 Freeway and associated noise and t~affic circulation needs, this site is not as conducive to single-family residen~al development as one might otherwise believe to be the case. A single- family development would likely result in additional traffic within the residential subdivision adjacent the site and the associated noise exposures from residential use. We are proposing a small number of single-family residential lots along the southem portion of our project site $ Office 909~181e1822 800*240e1822 Fax 909e481~1824 City Cente~ ,, 10681 Foothill BM, Suite 395 · Rancho Cucamot~ga, CA · 91730 A CALIFORIqIA CORPORATION to finish out the residential that currently exists on the south side of the street and east of our project location. The proposed self-storage facility will have its pdmary access from Haven Avenue, and will be designed for orientation as such. 2. Contrary to your letter statement, self-storage uses do not encourage a transient population or use of these facilities. You should be aware by review of various news articles and discussions with some of your fdends and neighbors that there is a substantial demand for self-storage facilities throughout the Southern California area and in this City. The facility that will be proposed for construction will be designed to the City's high standards and managed by a company that has many years of experience in the design and ownership of self-storage facilities. Self-storage facilities are operated in such a manner as to discourage any type of illicit activity and tenant access to the facility is controlled in such a manner so as to not allow for after hours access to the premises. The facility contemplated at this location will have an onsite caretaker/manager, who will also be responsible for monitoring access compliance as part of their assigned duties. Self-storage uses generate the least amount of traffic trips when compared to all other residential, industrial and commercial land uses, and we have had very good experience where we have designed and constructed such projects next to existing residential properties. 3. The possibility of hazardous materials and illicit activity is normally greater in a single-family residential environment, where coming and going and associated activity can be internalized more so than that occurring within a monitored self-storage facility. The developer of this facility is not going to risk a multi-million dollar investment by allowing hazardous materials storage or illicit activity to occur on their premises. 4. The self-storage facility contemplated at this location will actually serve to reduce overall noise exposures from those currently experienced by the existing residential properties. The facility will be designed in such a manner as to utilize the exterior wall areas as the back of interior storage buildings that will be designed with a profile that will help buffer existing 210 Freeway and Haven Avenue noise that will also be complimented with the landscaping that will also be a component of site design. The facility will normally operate primarily during daylight hours, so there will not be the after hours noise factors that would be associated with single and multi-family residential and commercial development at this location. Facility tenants will not be allowed to work on any vehicles on the premises, as this is a storage facility only. 5. Our proposed amendment contemplates nothing other than that outlined above, and the property owner designs, constructs and manages self- storage facilities throughout Southern California. As such, there are no gas stations, convenience stores or other uses that would have any interest to our client. We have enclosed a copy of the self-storage facility plan materials that have been filed for this site with the City of Rancho Cucamonga for your review and information. We would like an opportunity to discuss the proposed amendment and project design with you in the near future and will be inviting you and your neighbors to a community meeting so we can share our plans for what we believe will be a positive addition to this area. Again, thank you for taking your time to share your initial concerns with the City and for reviewing this letter and accompanying enclosures. Please feel free to contact me at your earliest opportunity should you have any questions or nccd of additional information or assistance with this matter. Sincerely, Charles J. Buquet Charles Joseph Associates Enclosures Cc: Debra Meier, City Planning Mike Giurbino, Aim All Storage THE C I T Y O F I~ANCHO CUCAHONGA Memorandum TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager FROM: Debra .1. Adams, CMC, City Clerk/Records Manager~ DATE: November 6, 2003 SUB3ECT: INFORMATION FROM COUNCIL MEETING OF 11/5/03 Attached is information to be distributed to the Council that was given to me at last night's meeting regarding DRC2003-00709 (Charles Joseph Associates). 11/5/03 Mayor Alexander and City Council Members, t arawriting ha regard to Development Code Amendment DRC 2003- 00709 and, more sp~_cif~?tlly, the property located at the southeast comer of Haven Ave and the 210 Freeway. As I understand it, this amendment will set a precedent for other residentially zoned properties in the~rea~ I would like to urge the Council to caref011y consider how your decision will affect the residents of this commumty. Please keep in mind that the previously mentioned property, unlike many of the other properties tMt will be affected by this decision, is part o£an older, established neighborhood. Many of the residents are the original homeowners. When we bought our house, we wex-e told that we would have a say in the development of the property behind our back wall. So far, no one is listening. I do appreciate that Charles Joseph Associates has concluded that a convenience store or a fast food restaurant would not be a ',good fit" forour neighborhood. However, is a self-storage facility the best possible project for this specific property? If the Council does vote to amend the Development Code, I would like to ask that you not approve any plans for the development of the property, at this time. Please REQUIRE, not request, Charles Joseph Associates to meet with the residents of our neighborhood and allow us to have a say in the design and planning of the facility. Considering how this project is going to affect our property values, not to mention 'the traffic, noise, dust, and critter/ssues th/s will raise, I think it only thir that we beallowed to contribute. I also feel that this would be a great way for this City£ouncil_to show that you really do care about the residents of our community, not just the revenue that these developers generate. Thank you for your consideration. Sincerely, Trina Stone 6610 Valimta ^ye Alta Lama, CA 91737.4421 Steve & June Selos 6542 Valinda Avenue Alta Loma, California 91737 Home Phone 909-945-3685 November 05, 2003 To: Members of the Planning Commission of the City of Rancho Cucamonga Re: Code Amendment DRC2003 - 00709 I was one of those residents of Valinda Avenue present at the meeting held on 24th September, to discuss the above amendent and also presented the Committee with a letter expressing our concern with regard to the planned ammendments to the code. We expressed our disapproval of the plans and it was my understanding that the Committee instructed the Developer, Charles Joseph & Associates, to contact those residents who had expressed a concern regarding this matter. There has been no response from the Developer, and we ask that the Planning Committee instruct the Developer to contact the residents so that we may have a say in any developement that is proposed for this piece of property. This is a well established community and any disruption that will impact the neighbourhood is of great concern to us, and we therefore hope the Committee approve our request. June & Steve Se_los AMENDMENT DRC2003-00709, AMENDING PORTIONS OF SECTION 17.08 RESIDENTIAL DISTRICTS OF THE RANCHO CUCAMONGA DEVELOPMENT CODE, ALLOWING PUBLIC STORAGE FACILITIES WITHIN RESIDENTIAL LAND USE DISTRICTS UNDER SPECIFIC CIRCUMSTANCES WITH THE APPROVAL OF A CONDITIONAL USE PERMIT, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On September 24, 2003, the Planning Commission of the City of Rancho Cuoamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 03-138, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On November 5, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment to the Development Code. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: This City Council hereby finds and determines that the subject amendment identified in this Ordinance is exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to Section 15061 (b)(3) of Division 6 Title 14 of the California Code of Regulations. SECTION 3: Section 17.08.030 - Use Regulations for Residential Districts, Section 17.08.030.E.5 - Special Use Regulations/Recreational Vehicle Storage or Mini-Storage Facilities, Section 17.08.050.F.1.d - Absolute Policies/Land Use Conflict Mitigation Measures/Orientation, and Section 17.08.050.F.1 .e - Absolute Policies/Land Use Conflict Mitigation Measures/Barriers and Alleviation of the Development Code hereby are amended to read, in words and figures, as shown in Exhibit "A." SECTION 4: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared invalid or unconstitutional or preempted by subsequent legislation. CITY COUNCIL ORDINANCE NO. 03- DRC2003-00709 - CHARLES JOSEPH ASSOCIATES November 5, 2003 Page 2 SECTION 5: The City Clerk shall certify to the adoption of this Ordinance and Shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Rancho Cucamonga Development Code Section 17. 08. 030 USE VL k LM M MH H 17. Utility or Service Facility C C C C C C 18. Recreational Vehicle StoraGe C C C C C or Mini-Storage for public use C, Accessory Uses 1. Accessory Structure P P P P P P 2. Antenna P P P P P P 3. Caretaker's Residence C C C C C C 4. Guest House P P P 5. Home Occupation P P P P P P 6. Lodging Unit P P P 7. Other Accessory Uses P P P P P P 8. Private Garage P P P P P P 9. Private Swimming Pool P P P P P P 10. Second Dwelling Unit (including p p p elder cottage) 12. Feed & Tack Store (if accessory to C commercial stable) 13. Dormitory (if accessory to college or C C C C C C school) 14. Uses in Historic Structures C C C C C C D. Temporary Uses 1. Temporary Uses as prescribed in Section 17.04.070 and subject to P P P P P P those provisions. 2. Temporary trailers for use in conjunction with religious and C C C C C C agricultural uses for a specified interim period. p = Permitted Use C = Conditional Use Permit required E. Spec a Use Re.qulations 1. Aqricultural Uses. Prier to development, the following agricultural uses are either permitted or conditionally permitted on lots of 2.5 acres or more: EXHIBIT "A" 17.08-4 07/03 Rancho Cucamonga Development Code Section 17.08.030 Minimum Site Maximum Allowable Area Per Number Of Residential Type of Animal Animal(s) Animals On Required Any SitetA) District 7, Household pets other than a cat or dog None No Maximum All 8. Exotic or Wild Animals (~) I~) All Notes: (A) Young animals bom to a permitted animal kept on the site may be kept until such animals are weaned. (cats and dogs - 4 months; large animals - 6 months; horses - 12 months) (B) As established by Conditional Use Permit review. (C) A minimum of 20, OOO square feet of lot is required to maintain these animals. (D) More than 5 birds or rodents per each 5,000 square feet of site area may be permitted subject to approval of a Conditional Use Perm/t. (E) A pony, which is defined as any horse measuring 14 hands and 2 inches or less in height at the withers, may be kept in addition to the keeping of two horses or in lieu of two horses, three ponies may be kept on a 20,000 square foot lot. 3. Home Occupations. The use of a residence for business purposes shall be permitted subject to issuance of a Home Occupation Permit (See Section 17.04.060). 4. Mobile Homes. One mobile home is permitted on a lot in a residential District, except Very Low, subject to the following requirements: a. The mobile home is placed on a permanent foundation system in compliance with all applicable building regulations. b. The mobile home construction is certified under the National Mobile Home Construction and Safety Standards Act of 1974 and which was constructed after October of 1976. Documentation indicating certification and construction date must be submitted to the Building and Safety Division in order to secure valid building permit(s). c. The Design Review Committee shall determine if the placement of the mobile home is compatible to the immediate area in which it is being placed in accordance with Section 17.06.010 and the following criteria: (1) The design of the mobile home unit shall be similar in character and appearance to other dwellings in the area for such things as unit size, roof overhangs, roof materials and exterior materials. (2) All building setbacks, parking, coverage, height, width and sign requirements of the base District shall apply. 5. Recreational Vehicle Storaqe Y=rd or Mini-Storaqe Facilities. The parking and storage of recreational vehicles and mini-storage facilities in proximity to residential users shall be permitted only on lots of 2 acres or more unless part of a master planned development, subject to approval of a Conditional Use Permit. 17.08-7 3/01 Rancho Cucamonga Development Code Section 17.08. 030 a. All storage activities shall be screened from public view by a combination of block or masonry wall, berming, dense landscaping, or building mass. The development of mini-storage facilities may be considered in residential land use districts as a means of mitigating land use conflicts outlined in Section 17.08.050.F. There are certain locations within the City where residentially designated properties are located adjacent to undeveloped parcels of land where this transition between the existing residential neighborhood and non-residential influences (i.e. high traffic corridors, commercial or industrial land uses, etc.) is a primary design issue that prevents desirable development, resulting in such parcels remaining undeveloped or under-developed. The mini-storage use would be considered in situations where the facility would act as mitigational buffers for residential developments impacted by unchangeable environmental issues, such as traffic and noise, as determined by the Planning Commission. b. Retail or wholesale activity, Commercial dismantling, repair or storage wrecking activities or the storage of junk or salvage materials or dismantled parts are prohibited. c. The development of the mini-storage facility is subject to all Site Development Criteria as detailed in Section 17.10.040; and the Performance Standards as outlined in Section 17.10.050. 6. Second Dwelling Units. Permitted subject to the following criteria: a. The unit may be constructed as an accessory building or attached to the primary residence on a parcel in a single-family residential district. b. The unit is not for sale, but for rental purposes only, or use by a member of the immediate family. c. The lot contains an existing single-family detached residence, and does not contain a guest house. d. The unit shall not exceed 640 square feet if the parcel is less than 20,000 square feet; if greater than 20,000 square feet, the second unit can exceed 640 square feet but may not be greater than 950 square feet or 30 percent of the main dwelling unit, if attached. (Unit size is exclusive of enclosed parking space requirement.) Lot Size: A second dwelling unit may be established on a lot or parcel of land having a minimum of 10,000 square feet. Height: A detached second dwelling unit shall be limited to one story, shall not exceed 16 feet in height, and shall not exceed the height of the main dwelling unit. e. The unit shall have a separate entrance from the main residence. f. The unit shall provide parking and access per Chapter 17.12 and provide one enclosed parking space per bedroom, not to exceed two enclosed spaces per unit. The enclosed parking space shall not be located in the required front or 17.08-8 3/01 Rancho Cucamon£a Development Code Section 17. 08. 050 7. The Project promotes energy efficiency through the use of energy efficient building design (e.g., south facing windows, energy conserving building materials and appliances, etc.) and site planning (e.g., east-west aligned units, landscaping for solar access, etc.). 8. The Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading techniques. F. Land Use Conflicts. The matrix in Table 17.08.050-F indicates the conflicts that are presumed to exist between land uses. The types of mitigation measures listed in the following sections are the design tools that should be employed either separately or in combination to mitigate existing or potential land use conflicts. The Absolute Policies require that such conflicts be effectively mitigated in the project design. 1. Land Use Conflict Mitigation Measures. a. Open Space Setbacks. By providing an open space buffer between conflicting land uses, conflicts can often be avoided. The width of the buffer required will depend on the severity of conflict and the extent of landscaping. To work effectively, the ownership, use, and maintenance of the open space buffer must be clearly defined. b. Landscapinti and Topo.qraphic Chanties. As pad of an open space buffer or as a treatment of land immediately adjacent to buildings, landscaping can be used to reduce conflicts. c. Dense Plantings of Everqreens Can Provide a Visual Buffer. (1) Sensitive landscaping can soften the sharp visual contrast between two abutting land uses by subduing the differences in architecture and bulk and by providing a gradual transition rather than a harsh edge between uses. (2) Dense growth of plants can be visually appealing but also can be used to discourage unwanted and unsafe pedestrian or bicycle access between land uses. (3) Landscaping can be used in combination with other mitigation measures, such as reducing the width of open space buffer required and soften the visual conflict created by safety and security fences. (4) Re-contouring of the land can alter views, subdue sounds, reduce glare, change the sense of proximity, and channel pedestrian travel. d. Orientation. The strict spatial proximity between land uses and the apparent or functional proximity can be very different depending on the orientation of buildings and activities in the two land uses. (1) The buildings themselves can cause a buffer to be created by effectively turning their backs on each other or by buffering residential land uses from offensive noise and traffic generating activities - orienting views, access, and principal activities away from the other land use. Care must be taken, however, that a hazardous and unaesthetic "no-mans" land is not created in the process. 17.08-30 Rancho Cucamonga Development Code Section 17. 08.050 (2) Alternately, the intervening space can be eliminated altogether if the two buildings share a common back wall. ($) An entire site plan shall be oriented so that the activities and functions are aligned hierarchically -- placing those least compatible furthest from the common boundary between land uses and those most compatible near that boundary (i.e., single story adjacent to single story). e. Barriers and Alleviation. It may be appropriate and necessary to use physical barriers to prevent the undesirable attributes of one land use from affecting the people and activities in the adjacent land use. (1) Fences, walls, and berms can prevent the passage of people into areas that would be unsafe or insecure. (2) Light and noise can also be mitigated through physical barriers such as fences, walls, berms, screens, landscaping, or compatible non- residential buildings or structures. f. Architectural Compatibility. In addition to the architectural considerations involved in mitigation through orientation, the architectural design of buildings can reduce conflict and promote compatibility. (1) Materials, colors, scale, and prominence of buildings in adjacent land uses can be coordinated so there is a gradual transition from one land use to another rather than a sharp and displeasing contrast. Purely aesthetic details that are "tacked" onto a building to cover up land use conflicts, however, will cause more harm than good. (2) The architectural compatibility should rise from a total consideration of the function of each land use and the function of the space between them. g. Circulation. Streets and parking areas can often serve to reduce certain types of land use conflicts. Separation of conflicting uses with a street or parking area can provide a buffer. 17.08-31 R A N C H O C u c A M O N G A BUILDING AND SAFETY Staff Report DATE: October 30, 2003 TO: Mayor and Members of the City Council Jack Lam, AICP, City Manager ~,c,//,,,,,,/ , FROM: Trang Huynh, Building and Safety Official~,/~t'vY'''' SUBJECT: APPROVAL OF RESOLUTION TO WAIVE THE CITY PERMIT FEES FOR THE RECENT DAMAGED HOMES AND STRUCTURES DUE TO THE "GRAND PRIX" FIRE OCCURRED IN THE CITY OF RANCHO CUCAMONGA. RECOMMENDATION: It is recommended that the City Council approve the attached Resolution that authorizes staff to waive permit fees applicable to repair and reconstruction of homes and structures located within the City limits which were damaged in the "Grand Prix" fire. BACKGROUND AND ANALYSIS: The recent "Grand Prix" occurred between October 23, 2003 and October 27, 2003 has destroyed or damaged 27 homes and minor structures within the City limits. The losses of these buildings have created a tremendous hardship for the property owners. It is in the best interest of the City and public to facilitate the prompt repair and reconstruction of homes and structures partially damaged or destroyed by the fire. It is also in the best interest of the City and public to provide the prompt reassembly of residential neighborhoods damaged by the fire and expedite the repair and replacement of fire damaged structures in order to bring them into compliance with all applicable building, planning and fire codes as soon as possible. Certain conditions and requirements have been established and described in the Resolution in order for the owners of the fire-damaged structures to obtain the waiver of permit fees. Examples of the conditions are shown as follows: //3O Page 2 October 30, 2003 APPROVAL OF RESOLUTION TO WAIVE THE CITY PERMIT FEES FOR THE RECENT DAMAGED HOMES AND STRUCTURES DUE TO THE "GRAND PRIX" FIRE OCCURRED IN THE CITY OF RANCHO CUCAMONGA. > The permit applications and plans for the reconstruction must be submitted within twelve (12) months following the effective date of this Resolution. > The fee waiver shall apply only to "in-kind" structures (same square footage, height, etc...). > The fee waiver is not transferable from a damaged property to other non-fire damaged property or parcel. > The fee waiver is not applicable to the new buyer of a fire damaged property or parcel. For a reconstruction of a new 2,800 square foot home and 780 square foot garage, the plan check and permit fee is about $2,100.00. For a reconstruction of a 450 square foot garage only, the fee is $210.00. In addition to the proposed Resolution, Planning and Building Staff reviewed the development codes to streamline the process of granting the approvals to the fire victims for temporary living quarters at the fire damaged sites. It is recommended that the Rancho Cucamonga City Council approve the proposed Resolution to waive the City Permit fees for the recent damaged homes and structures in the "Grand Prix" fire at this time. Respectfully submitted, Building and Safety Official TQH:Ic Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA PROVIDING A TEMPORARY WAIVER OF PERMIT FEES APPLICABLE TO REPAIR AND RECONSTRUCTION OF HOMES DAMAGED IN THE "GRAND PRIX" FIRE A. Recitals. (i) The City Council has heretofore adopted fees applicable to issuance of permits required for repair and reconstruction of damaged residential structures within the City. (ii) The City Council finds that it is in the best interest of the City and public to facilitate the prompt repair and reconstruction of homes damaged or destroyed during the Grand Prix Fire occurring between October 23, 2003 and October 27, 2003, in the City of Rancho Cucamonga. The City Council ~urther finds that it is in the best interest of the City and public to provide for the prompt reassembly of residential neighborhoods damaged by said Fire and to expedite the repair and replacement of fire damaged structures in said neighborhoods in order to bring the same into compliance with all applicable building and fire codes as soon as possible. (iii) The City Council finds that it is in the best interest of the City and public to waive applicable permit fees with respect to the repair and reconstruction of such damaged homes, subject to certain terms and conditions as set forth in this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves as follows: Section 1. The facts set forth in the Recitals, Part A of this Resolution, are true and correct. Section 2. Notwithstanding the provisions of Resolution No. 03-030, or any other applicable resolution establishing permit fees in the City of Rancho Cucamonga, permit fees otherwise applicable to the repair and/or reconstruction of residential structures damaged as a result of the Grand Prix Fire occurring on October 23, 2003 through October 27, 2003, are hereby temporarily waived for permit applications received within twelve (12) months following the effective date of this Resolution. The following conditions apply to this fee waiver: l1231-0001\752429vl.doc ~3~:~ A. The fee waiver shall apply only to "in-kind" (i.e., the same square footage, height, number of stories, etc.) repair and reconstruction of structures, and shall not apply to any portion of a rebuilt structure that is greater than the original square footage. B. Only property owners of damaged or destroyed structures are eligible for this fee waiver, and this waiver cannot be applied to a vacant parcel or any other non-fire damaged parcel. C. A new buyer of a fire damaged parcel is not eligible to receive this waiver of fees. D. All new construction undertaken in the repair or replacement of residential structures shall comply with current planning, building and fire code requirements. Section 3. Neither this Resolution nor anything contained herein shall be construed as amending or modifying any existing fee resolution of the City of Rancho Cucamonga. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of ., 2003. Mawr I, Debra Adams, City Clerk, City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was passed at a regular meeting of the City Council of the City of Rancho Cucamonga held on the __ day of ,2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAiNED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Rancho Cucamonga