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HomeMy WebLinkAbout725 - Ordinances ORDINANCE NO. 725 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2002-00156, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RICHLAND- PINEHURST, INC., FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 150.8 ACRE SITE WITH UP TO 358 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED ON THE NORTH SIDE OF WILSON AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE - APN: 0225-083-01, 12, 13, 15, 16, AND 20. A. RECITALS. 1. California Government Code Section 65664 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 development to the consumer, and discourage investment in and commitment to comprehensive planning, which would make maximum efficient utilization of resources at the least economic cost to the public. (b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "(a)Any city...may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the properly as provided in this adicle..." 3. California Government Code Section 65865.2 provides, in part, as follows: "A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or 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 or intensity of development set forth in the agreement..." Ordinance No. 725 Page 2 of 66 4. Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference, is proposed Development Agreement DRC2002-00156, concerning that property generally located at the northwest corner of Wilson Avenue and East Avenue and 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." 5. On May 12, 2004, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 04-57. 6. On June 2, 2004 and continued to June 16, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing regarding the Development Agreement. ?. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. ORDINANCE. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This Council hereby specifically finds that all of the facts set fodh in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon the facts and information contained in the record of this project, the City Council makes the following findings and statements, and takes the following actions, pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.): a. Richland Pinehurst, Inc. (the "Applicant") seeks approval of a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga, the approval of Tentative Tract Map SUBTT16072, and associated Development Agreement. The actions also include the development of 358 single- family housing units on approximately 150.8 acres. The total area to be annexed is approximately 160 acres. The average density of the development is approximately 2.38 dwelling units per gross acre for the entire site. These series of actions and approvals are hereinafter defined in this Ordinance as the "Project." Ordinance No. 725 Page 3 of 66 b. The Applicant has submitted the following applications relating to the Project: Annexation DRC2002-00865, Tentative Tract Map SUBTT16072, and Development Agreement DRC2002-00156 (collectively the "Project Applications"). These Project Applications, as well as the appeal of the Planning Commission's approval of Tentative Tract Map SUBTT16072, constitute the matters involving the Project, which are submitted to the City Council for decision and action. c. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report (EIR) for the Project, including certain technical appendices (the "Appendices") to the Draft EIR (State Clearinghouse No. 2002091053). The Draft EIR was circulated for a 45-day public review and comment period from December 2, 2003 through January 21, 2004. Comments were received during that period and written responses were prepared and sent to all persons and entities submitting comments. Those comments and the responses thereto have been included in the Final EiR, as have the Appendices to the Draft EIR. Those documents together comprise the Final EIR. d. The City Council finds that the Final EIR was completed pursuant to CEQA, and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, et. seq. ("the Guidelines"). By Resolution No. 04-204, the City Council has certified the Final EIR as being in compliance with the requirements of CEQA. e. The City Council finds that the Final EIR was presented to the City Council and that the City Council reviewed and considered the information in the Final EIR and has reached its own conclusions with respect to the Project and as to whether and how to approve the various components of the Project approvals. f. The City Council finds that the Final EIR represents the independent judgment of the City Council of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. g. Public Resources Code Section 21081 provides that no public agency shall approve or carry out a project for which an environmental impact report has been completed which identifies one or more significant environmental effects unless the public agency makes one or more of the following findings with respect to each significant effect: i. Changes or alterations have been required in, or incorporated into the project, which mitigate or avoid the significant environmental effects thereof as identified in the completed environmental impact report. Ordinance No. 725 Page 4 of 66 ii. Such changes or alterations are within the responsibility and jurisdiction of another public agency and such changes have been adopted by such agency or can and should be adopted by such other agency. iii. Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. The City Council finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Geology and Soils, Biological Resources, Transportation/Traffic, Air Quality, Noise, Aesthetics, Cultural Resources, and Public Services and Utilities. However, changes or alterations have been required in, or incorporated into the Project, which will mitigate, and in some cases, avoid the significant impacts. The specific changes and alterations required, and a brief explanation of the rationale for the findings with regard to each impact, are contained in the "CEQA Findings" for the Project (Exhibit "F" to the June 16, 2004 City Council Staff Report) and are incorporated herein by reference. In addition to the rationale and explanation contained in the "CEQA Findings," the City Council makes the following additional findings regarding the impacts to the resources and services listed in this paragraph: i. Geolo,qy and Soils. The Final EIR identifies that development of the Project will expose people and structures to risks associated with seismic hazards, slope instability, and foundation instability. With respect to seismic hazards, this risk arises because of the existence of regional faults located in the area and the existence of the Etiwanda Avenue Scarp fault that runs northeasterly across the Project site. The risks presented by these faults include, fault- induced ground rupture, seismically induced slope instability, ground lurching, seismically induced settlement, and seismic ground shaking. Mitigation measures are imposed which require the Applicant to set back structures north of the Etiwanda Avenue Scarp thrust fault by at least 100 feet and to set back all structures south of that fault zone by 50 feet (Mitigation Measure GS-1). All structures within Seismic Zone 4 of the site shall be designed in accordance with the Uniform Building Code and general engineering standards for seismic safety (Mitigation Measure GS- 2). In addition, graded slopes will be designed to resist seismically induced failures, loose, cohesionless soils located on the surface of the site shall be removed and properly recompacted, and Iow density native surficial and artificial fills shall be removed and recompacted or exported offsite. (Mitigation Ordinance No. 725 Page 5 of 66 Measures GS-3 - GS-5). Based on these mitigation measures, the City Council finds that the potential for fault-induced ground rupture, seismically induced slope instability, ground lurching, and seismically induced settlement will be mitigated to a level of less than significant. The City Council finds that even after these mitigation measures, the risks of seismic ground shaking will not be reduced to less than significant levels. With respect to slope instability, graded slopes are proposed on the Project site, with gradients for the slopes to be variable to provide a natural visual appearance, and cut and fill slopes of approximately 40 feet high are proposed to be constructed. Mitigation Measure GS-6 is imposed which requires additional stabilization measures for potentially unstable graded slopes exceeding 15 feet in height. Based on this mitigation measure, the City Council finds that the potential for slope instability will be mitigated to a level of less than significant. With respect to foundation instability, the upper few feet of native soil onsite and uncontrolled fills existing on the site are potentially compressible. Because of variation in grain size within alluvial fan deposits on the site, potential collapse of soil material may result in localized areas. The presence of oversized recks on the site and the removal of such rocks can result in deficiencies of fill material. Mitigations measures are imposed which require the Applicant to remove and recompact potentially compressible soils (Mitigation Measure GS-7), to identify methods for eliminating the potential for collapsible soils and after construction, to minimize the infiltration of water into subsurface soils by proper surface drainage (Mitigation Measure GS-8), and to relocate oversize rocks on the Project site during grading operations to reduce the potential deficiency of fill materials (Mitigation Measure GS-9). Based on these mitigation measures, the City Council finds that the potential for foundation instability will be mitigated to a level of less than significant. ii. Biological Resources. The Final EIR indicates that, prior to the Grand Prix fire of October 2003, that area was previously covered with California Buckwheat-White Sage Scrub (44.1 acres), White Sage Scrub (82.5 acres), Scalebroom Scrub (11.2 acres), non- native grassland (2.1 acres), disturbed and cleared areas (6.0 acres) and ornamental landscaping (4.1 acres). In categorizing the vegetation in accordance with the "Holland System," the Final EIR identifies Riversidean Alluvial Fan Sage Scrub (RAFSS) divided into two subgroups: the Etiwanda Alluvial Fan Group (171.3 acres), the Prickly Group/Alluvial Chaparral Group (39.5 acres). In addition, the final EIR identifies an area of Ornamental Ordinance No. 725 Page 6 of 66 Woodland and Disturbed plants (13.8 acres). The proposed Project would result in the loss of approximately 147.7 acres of Riversidean Alluvial Fan Sage Scrub (RAFSS). In addition, the Final EIR identifies 213 trees that satisfy the City's criteria for "heritage trees," 15 sensitive plant specifies as occurring within the general vicinity of the Project site, and the existence of Plummer's mariposa lily plants (a sensitive species) on the site. To mitigate impacts for the loss of approximately 147.7 acres of RAFSS, a mitigation measure is imposed to require the Applicant to acquire 147.7 acres of land within or near the North Etiwanda Open Space and Habitat Preservation Program (NEOSHPP) area that supports similar RAFSS habitat (Mitigation Measure B-l). In addition, measures are imposed to ensure limits are kept on grading activities, that new landscaping is consistent with native landscaping, that lighting is controlled into areas of sensitive wildlife habitat, and that future residents of the Project are informed about sensitive wildlife areas and encouraged not to plant invasive plants (Mitigation Measures B-2 - B-5). To mitigate impacts to common plant species, all 213 heritage trees shall be removed and replaced with native trees at a replacement ratio of one to one (Mitigation Measure B-6). With respect to sensitive plant species, prior to the issuance of a grading permit, focused surveys for Plummer's mariposa lily shall be conducted by a qualified biologist for possible collection and relocation (Mitigation Measure B-7). Based on these mitigation measures, the City Council finds that the impacts to natural plant communities, common plant species and sensitive plant species will be mitigated to a level of less than significant. The Final EIR indicates that the site is within the critical habitat of the federally listed endangered San Bernardino kangaroo rat. However, protocol surveys were conducted in 2001 and 2002 and revealed no presence of this species on the site. The site is also within the known range and within designated critical habitat for the federally listed threatened coastal California gnatcatcher. In addition, species of concern were found on the site which include the Northwestern San Diego pocket mouse, the San Diego desert wood rat, and the Los Angeles little pocket mouse. The site does support nesting habitat for raptor species and suitable habitat for the San Diego horned lizard and orange-throated whiptail (state species of special concern). In addition, 1.13 acres of waters would be affected and drainage courses would be impacted by the Project. To address these impacts, a mitigation measure is imposed to provide follow-up focus surveys for the San Bernardino kangaroo rat and the coastal California gnatcatcher prior to issuance of grading permits (Mitigation Measures B-8 and B-9). A qualified biological monitor will be on-site during grading Ordinance No. 725 Page 7 of 66 to reduce mortality to sensitive species, including rodent species and incidental species (Mitigation Measure B-10). If grading activities occur during active nesting season, a field survey will be conducted to preserve any active nests and the areas around them until the nesting cycle is complete (Mitigation Measure B- 11). With respect to impacts on waters and streambeds, the Applicant shall obtain required permits from the U.S. Army Corps of Engineers and the California Department of Fish and Game and comply with those permit requirements (Mitigation Measure B-12). Based on these mitigation measures, the City Council finds that the impacts to sensitive wildlife species, and jurisdictional areas (waters and streambeds) will be mitigated to a level of less than significance. iii. Transportation/Traffic. The Final EIR indicates that the proposed Project will increase vehicle trips and impact the Level of Service (LOS) along arterial streets and intersections. LOS levels of "D" or better do not represent a significant traffic impact, whereas LOS levels of "E" or worse do represent a significant traffic impact. Specifically, the Final EIR found that Project traffic, together with other anticipated traffic, will likely cause traffic flow to be deficient by experiencing a LOS of "F" during the AM peak hour at the intersections of Etiwanda Avenue at Banyan Street, Etiwanda Avenue at Highland Avenue, and East Avenue at Banyan Street. During the PM peak hour, the intersection of Etiwanda Avenue at Banyan Street, which will operate at an LOS of "E". At build-out, certain intersections in the immediate area will have LOS levels of "F". Mitigation Measures are imposed to require the Applicant to construct various roadway improvements at certain phases of the Project. For example, during the opening year of the Project, the Applicant will be required to construct Wilson Avenue from Etiwanda Avenue to East Avenue and to make various improvements to East Avenue (Mitigation Measures TT-3 - ']-1'-5). The Applicant will also be required to construct Etiwanda Avenue from the north Project boundary to Golden Prairie Drive at its ultimate half-section width (Mitigation Measure ']-1'-6). In addition, traffic signals, turn lanes and other improvements are required at various intersections in the vicinity of the Project (Mitigation Measures TT-7 and TT-8). Finally, the Applicant will be required to contribute its fair share toward the cost of off-site roadway improvements (TT-1 and TT-2). Based on these mitigation measures, the City Council finds that the impacts of the Project on traffic and circulation will be mitigated to a level of less than significant. Ordinance No. 725 Page 8 of 66 iv. Air Quality. The City Council finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant and unavoidable impacts to air quality. Specifically, the Final EIR identifies that short-term emissions from construction related activities are likely to exceed the thresholds of significance specified by the South Coast Air Quality Management District (SCAQMD). Short-term emissions are caused by fugitive dust and other particulate matter, exhaust emissions generated by earthmoving activities and operation of grading equipment, emissions generated during building construction as a result of equipment and vehicle operation, electrical consumption, and coating and paint applications. During the building phase of the Project, levels of nitrogen oxide (NO×), reactive organic compounds (ROC) and atmospheric particulates (PM~0) will likely exceed the recommended SCAQMD daily thresholds, and NO× and ROC emissions will likely exceed the recommended SCAQMD quarterly thresholds, thereby resulting in significant short-term air quality impacts. Long-term emissions are caused by motor vehicle emissions and emissions from the consumption of natural gas and electricity, the use of landscape equipment, and the storage and use of consumer products. These emissions exceed the recommended SCAQMD thresholds for NO×, Carbon Monoxide (CO) and ROC. Mitigation measures for short-term impacts upon air quality are imposed on the Project (Mitigation Measure AQ-1 - AQ-10) which will require various dust control measures, emission control measures and off-site actions. Included in those measures are requirements to limit the treat the site with water or other soil-stability agents, sweep haul roads, suspend grading operations when wind speeds exceed 25 miles per hour, apply chemical soil stabilizers to inactive construction areas, select equipment based on Iow emission factors, use only Iow volatility paints and architectural coatings, and implement temporary traffic control during soil transport activities. Mitigation measures for long-term impacts upon air quality are imposed on the Project (Mitigation Measure AQ~I 1 - AQ-13) which require the Applicant to participate in the cost of off-site traffic signal installation and synchronization through payment of a mitigation fee, equip the residential structures with energy efficient appliances, and coordinate bus routing with transit agencies to determine locations and feasibility of providing bus stop shelters at Applicant's expense. The City Council finds that with implementation of the recommended measures, short and long- term emissions will be reduced, and that the Project's contribution to regional emission of criteria pollutants will be minimized. However, the City Council finds that despite the imposition of all these comprehensive mitigation measures, short-term construction emissions (building phase) will exceed SCAQMD's thresholds for ROC and NOx, and that long-term stationary and mobile emissions will exceed applicable thresholds for NOx, CO and ROC, and therefore, would remain significant after mitigation. Ordinance No. 725 Page 9 of 66 v. Noise. The Final EIR identifies the likelihood of shod-term impacts on ambient noise levels during construction of the Project. The primary source of construction noise is heavy equipment associated with construction activities, such as trucks, graders, bulldozers, concrete mixers, cranes and portable generators with high levels of sound generation. In addition, the Final EIR identifies the likelihood of long-term significant noise impacts on residences proposed on the perimeter of the Project site and adjacent to Etiwanda Avenue, Wilson Avenue, and East Avenue. For short-term noise impacts, mitigation measures are imposed that will require the construction contractors to equip all construction equipment with properly operating and maintained mufflers, implement specific noise reduction measures when construction takes place near existing residences, locate equipment staging areas away from sensitive receptors, and comply with the City's Development Code for hours of construction activity - 6:30 a.m. to 8:00 p.m., Monday through Saturday, with no construction to take place on Sundays or holidays (Mitigation Measures N-1 - N-4). To address long-term impacts to certain residential structures within the Project, sound barriers shall be placed at specified locations near Project road intersections and perimeter street intersections, and residential structures fronting on Etiwanda Avenue, Wilson Avenue and East Avenue will have mechanical ventilation so that windows can remain closed, and upgraded windows and other improvements will be installed on said residential structures so that interior noise levels are reduced to 45 dB CNEL or less (Mitigation Measures N- 5 - N-6). Based on these mitigation measures, the City Council finds that the short term and long-term noise impacts from the Project will be mitigated to less than significant levels. vi. Aesthetics. The Final EIR indicates that implementation of the proposed residential community may substantially alter the existing character of the Project site as well as views of the San Gabriel Mountains. In addition, the proposed Project and the cumulative effect of development in the Project vicinity may permanently alter the visual landscape of the San Gabriel Mountains. To address these impacts, landscaping and perimeter walls shall be installed, landscaped transitions will be made between developed and the natural un-built environment, a strong landscaped edge will be required along roadways adjacent to the Project, utilities will be undergrounded where feasible, and trees and structures shall be used to frame and orient views at key locations (Mitigation Measures AES-1 - AES-5). Based on these mitigation measures, the City Council finds that although the implementation of the above mitigation measures wiil mitigate visual impacts associated with the proposed Project to a level that is less that significant, the cumulative impact of the Project upon aesthetics as well as future development in the Project vicinity will remain significant and unavoidable. Ordinance No. 725 Page 10 of 66 vii. Cultural Resources. The Final EIR indicates that three archeological sites are within the Project area. It is also likely that prehistoric remains may still be buried at these sites. To mitigate for the potential loss in Native American archeological resources, the Applicant is required to retain a City-approved archeologist to develop an archaeological mitigation plan and a discovery/treatment plan. These plans will require the monitoring of 50 percent of the excavation activities, the treatment of found material and its recordation, mapping and disposition (Mitigation Measures CR-1 - CR-6). The Final EIR also identifies the possible presence of buried fossilized remains. To mitigate these impacts, the Applicant shall retain a City-approved paleontologist to monitor excavation activities and to prepare, identify and curate all recovered fossils for documentation and transfer to an appropriate depository. (Mitigation Measures CR-7 - CR-11). Based on these mitigation measures, the City Council finds that the impacts of the Project on archeological and paleontological resources will be mitigated to less than significant levels. viii. Public Services and Utilities. The Final EIR identifies that the proposed Project will create a demand for fire services, water services, wastewater services, and schools, and will contribute to cumulative impacts to the need for water supplies, wastewater treatment, and schools. Mitigation Measures have been imposed to require the Applicant to obtain approval of the specific designs for fire flow and proposed fire resistant materials (Mitigation Measure F-l), pay a water service development fee (Mitigation Measure W-l), utilize a xeriscape landscape and irrigation design to conserve water on Project common areas (Mitigation Measure W-2), provide funds to the Cucamonga County Water District for sewer service prior to occupancy (Mitigation Measure WW-1), and pay the required school impact fee as required by Government Code Section 65995, which is deemed to constitute full and complete mitigation of the Project's impacts to schools (Mitigation Measure S-1). Based on these mitigation measures and requirements, the City Council finds that the impacts of the Project on public services and utilities will be mitigated to less than significant levels. i. The Project is also anticipated to have the potential to create contaminated runoff containing compounds such as landscaped chemicals and automotive fluids. To reduce this impact, the Applicant will be required to prepare a Storm Water Pollution Protection Plan (SWPPP) and file a Notice of Intent with the Regional Water Quality Control Board (RWQCB). As part of standard construction practices, best management practices (BMPs) are required to ensure that potentially harmful chemicals or pollutants are not discharged from the site. These measures include sandbags, temporary diversion and temporary containment areas. Based on these requirements, the City Council finds that the impacts of the Project on hydrology and water quality will be reduced to less than significant levels. Ordinance No. 725 Page 11 of 66 j. The City Council finds, based on the Final EIR, that after implementation of the proposed mitigation measures, the following impacts associated with the proposed Project would remain significant: geology and soils (seismic ground shaking), air quality (short-term and long-term emissions), and aesthetics/visual (cumulative views). k. The City Council finds, based on the Final EIR, that the Project will not create significant growth inducing impacts because the Project will be an extension of existing residential development to the west and the Project is consistent with development contemplated in the 2001 General Plan update as well as the Etiwanda North Specific Plan approved in 1991. The City Council also finds that the Project would result in an irretrievable commitment of natural resources (energy demands) and land. I. The Final EIR describes a range of alternatives to the Project that might fulfill basic objectives of the Project. These alternatives include the required "No Project/No Development" alternative, the "Retention of Riversidean Alluvial Fan Sage Scrub Alternative," and the "Less Intense Development" Alternative. As set forth below, the alternatives identified in the EIR are not feasible because they would not achieve the basic objectives of the Project or would do so only to a much smaller degree and, therefore, leave unaddressed the significant economic, infrastructure, and General Plan goals that the Project is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed Project. Accordingly, each of the alternatives is infeasible. In making this finding, the City Council determines as follows: i. The objectives of the Project are: a. To provide single-family housing units consistent with the intent of the City's General Plan and the Etiwanda North Specific Plan. b. To annex the proposed tentative tract into the City of Rancho Cucamonga. c. To create a project that is generally consistent and compatible with other existing and proposed uses in the vicinity of the project and the community of Etiwanda in general. d. To provide project infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services. Ordinance No. 725 Page 12 of 66 e. To phase the development of the proposed project to ensure adequate utilities are provided. f. To design and landscape the proposed project to create an aesthetically pleasing living environment. ii. The "No Project/No Development" Alternative assumes that no new land uses would be constructed on the Project site and that the site would remain vacant and undeveloped. Although this alternative is environmentally superior to the proposed Project, it would not meet any of the Project objectives. As the subject property is under private ownership, the elimination of future development within a previously approved Specific Plan is not legally or financially feasible. Therefore this alternative is rejected. iii. The "Retention of Riversidean Alluvial Fan Sage Scrub" Alternative assumes that all vegetation classified as RAFFS are not affected by development. As the Project site contains approximately 10.6 to 13.8 acres of disturbed or ornamental woodland, this alternative would only involve the development of those 10.6 to 13.8 acres. Based on the same residential density as the proposed Project (i.e. 2.4 units per acre), 25 to 33 single- family housing units would be constructed. Although this level of development could eliminate the potential significant unavoidable effects associated with the loss of RAFFS, this alternative would not meet the objectives of the Project, including, but not limited to, providing single-family housing units consistent with the intent of the Etiwanda Nodh Specific Plan. In addition, the City Council finds, based on substantial evidence, that it is not economically feasible for the Applicant to construct the required infrastructure as contemplated by the Etiwanda North Specific Plan while constructing only 25 to 33 housing units on the entire property. The City Council specifically finds the required improvements to roadways, pipelines, water supplies, and other infrastructure would not be economically feasible with a return on investment of only 25 to 33 housing units. iv. The "Less Intense Development" Alternative is an alternative that attempts to avoid all significant, unavoidable, adverse long-term air emission impacts. To accomplish this result, approximately 104 housing units would need to be eliminated. This would resutt in approximately 255 residential units on the site with an average dwelling unit per acre density of approximately 1.7 units per acre compared with the proposed 2.4 units per acre. This project density is not consistent with the Etiwanda North Specific Plan and would not meet many of the objectives of the proposed Project. Ordinance No. 725 Page 13 of 66 m. Mitigation measures described in the Mitigation Monitoring Program will avoid or substantially lessen the potentially significant environmental effects of the Project. Further, the environmental, physical, social, economic and other benefits of the Project, as set fodh in this section and in the "CEQA Findings" for the Project (Exhibit "F" to the June 16, 2004 City Council Staff Report), which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the Project. Therefore, due to overriding benefits of the Project and because the alternatives identified in the Final EIR are not feasible, as discussed in paragraph I above, the City Council hereby finds, based on substantial evidence presented during the June 2, 2004 and June 16, 2004 public hearing, including written and oral staff reports and public testimony, that any unavoidable impacts of the Project, including the mitigated but unavoidable impacts from seismic ground shaking, the short-term and long-term impacts to air quality, and the cumulative impacts to aesthetics from the permanent alteration of the visual landscape of this region, are acceptable based on the findings contained herein and in the "CEQA Findings" for the Project. This determination shall constitute a statement of overriding considerations within the meaning of CEQA and is based on any one of the following environmental and other benefits of the Project identified in the Final EIR and the record of the City Council's proceedings: i. Provision for the use of land consistent with the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City Development guidelines; ii. Annexation of the 150-acre Project site and adjacent 10.0-acre area into the City of Rancho Cucamonga; iii, Implementation and consistency with the policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code and all other City development guidelines; iv, Creation of a Project that is generally consistent and compatible with other existing and proposed uses in the vicinity of the Project and community of Etiwanda in general; v. Provision of Project infrastructure including streets, water and sewer mains, and flood control consistent with City and regional plans related to these services. vi. Phasing of the development of the proposed Project to ensure adequate utilities are provided; Ordinance No. 725 Page 14 of 66 vii. Integration of the Project with the character of the surrounding neighborhoods and establishment of a development that results in logical, coordinated growth; viii. Provision of a system of public/community facilities, including trails, open space areas, and landscaping to support the residents of the Project and surrounding area in an efficient and timely manner; ix. Design and landscaping of the proposed Project to create an aesthetically pleasing living environment. n. The mitigation measures in the Final EIR that correspond to the environmental impacts which may result from the Project are hereby adopted and made a condition of approval of, or incorporated into, the Project. The City Council also hereby adopts the "Mitigation Monitoring Plan" attached as Exhibit "H" to the June 16, 2004 City Council Staff Report for this Project. The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval as set forth in this Section of this Ordinance and Exhibit "H" to the June 16, 2004 City Council Staff Report. o. Pursuant to provisions of California Public Resources Code Section 21089 (b), the findings contained in this Ordinance shall not be operative, vested or final until all required filing fees assessed pursuant to California Fish and Game Code Section 711.4, together with any required handling charges, are paid to the County Clerk of the County of San Bernardino. SECTION 3: The City Council finds that the Development Agreement does comply with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement does specify in detail and contains the following: a. Provisions are included in Section 3(A) of the Development Agreement requiring periodic review of the Agreement at least every twelve months, at which time the applicant shall be required to demonstrate good faith compliance with the terms of the Agreement (California Government Code Section 65865.1). b. The duration of the Development Agreement is specified in Section I(B) of the Agreement as being for ten (10) years (Government Code Section 65865.2). Ordinance No. 725 Page 15 of 66 c. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed structures, and other required provisions are referred to in Section 2(A) of the Development Agreement (Government Code Section 65865.2). d. The Development Agreement includes conditions, terms, restrictions and requirements for subsequent discretionary actions in Section 2(B) of the Agreement (Government Code Section 65865.2). e. The Development Agreement includes terms and conditions in Section 2(C)7 that require the developer to improve portions of public streets around the perimeter of the property and provide for and improve streets inside the development (Government Code Section 65865.2). f. The Development Agreement specifies that the Project is to be constructed in coordination with the construction of cedain public infrastructure improvements as specified in Section 2 of the Agreement. (Government Code Section 65865.2). SECTION 4: Based upon substantial evidence presented during the above- referenced public hearin¢~ on June 2, 2004 and June 16, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds that the Development Agreement will provide for development which is consistent with the Rancho Cucamonga General Plan. The City Council bases its findings of consistency with the General Plan on the compliance of the project entitlements specified in the Development Agreement with the General Plan's land use designation for the site, the fact that the project entitlements specified in the Development Agreement provide for the extension of the Iow density image of Old Etiwanda into the area as provided in General Plan Policy 2.4.4.5, the fact that the proposed uses set forth in the Development Agreement are compatible with the character of existing development in the vicinity, and that the Development Agreement is consistent with the General Plan's intent to keep substantial portions of the Etiwanda North Specific Plan area as open space. SECTION 5: Based on substantial evidence presented during the above- referenced public hearing on June 2, 2004 and June 16, 2004, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds that the Development Agreement will provide for development which is consistent with the Etiwanda North Specific Plan. The City Ordinance No. 725 Page 16 of 66 Council bases its findings of consistency with the Project's consistency with the Etiwanda North Specific Plan land use designations for the site and the fact that the Project is designed to contain a trails system, provide for views of the mountains, and will comply with the Specific Plan's requirements for landscape treatments and required walls, fencing, lighting and community entry that is consistent with the design scheme specified in the Etiwanda Nodh Specific Plan. SECTION 6: Based on the findings contained in this Ordinance, this City Council hereby approves Development Agreement DRC2003- 00751, attached hereto as Exhibit "A." SECTION 7: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general cimulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. Upon the effective date of this Ordinance, the Mayor shall execute the Development Agreement on behalf of the City and the City Clerk shall cause the Agreement to be recorded in the offices of the County Recorder for the County of San Bernardino at the time and as required by law. Please see the following page for formal adoption, certification and signa tums Ordinance No. 725 Page 17 of 66 PASSED, APPROVED, AND ADOPTED this 7th day of July 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None ~ William J. A~nder, Maydr A'I-rEST: Kath~yn L. $~;ott, CMC, Deputy City Clerk I, KATHRYN L. SCOTT, DEPUTY 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 16th day of June 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day July of 2004. Executed this 8~h day of July 2004, at Rancho Cucamonga, California. r, athryn L.~Scott, CMC, Deputy City Clerk Ordinance No. 725 Page 18of66 DEVELOPMENT AGREEMENT DRC2002-00156 (as amended 05/12/2004) DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND RICHLAND COMMUNITIES, INC. CONCERNING PROPOSED TENTATIVE TRACT 16072 This Agreement (the "Development Agreement") is made and entered into this day of .., 2004, by and between the applicant Hill Country S.A. Ltd., a Texas limited partnership; and Richland Tracy Ltd., a Florida Limited partnership, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to tl~e authority of Section 65864 through 65869.5 of the California Government Code. Hill Country S.A. Ltd., and Richland Tracy Ltd., and their successors and assigns, if any, are referred to collectively hereinafter as the "Property Owners". The CITY and Property Owners are collectively referred to herein as the "Parties". RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITy to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development Agreement. C. property Owners owns fee title to approximately 150.79 acres of real property located entirely within the County of San Bemardino (the "County") and moro particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Project Site"). D. On March 5, 2002, the CITY received an application for Tentative Tract Map (SUBTT16072), Development Agreement (DRC2002-00156), and a request for Annexation of the Proposed Project. An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed project and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission. E. As set forth in Ordinance No. adopted by the City Council on .__ (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the Parties hereto: (i) is in the best interest of the CITY; (ii) will promote the public convenience, general welfare, and good land use practices in the CITY; (iii) will promote Exhibit "A" Development Agreement 1 Richland Communities, Inc. Ordinance No. 725 Page 19 of 66 preservation of land values; (iv) will encourage the development of the Project by providing a level of certainty to the Properly Owners; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. _AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows: Section 1. GENERAL PROVISIONS A. Effectiveness of Development A.qreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become operative and the rights and obligations of the Parties shall only arise, upon the date that the last of the following have occurred: 1. The project site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not subject to judicial challenge; and 2. The Project and the Final EIR have been approved by the CiTY and all entitlements have been issued for completion by Property Owners. B. Term The term of this Development Agreement shall commence on the Effective Date of the enacting Ordinance and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force majeure" circumstances described in Section 2D5 hereof or by mutual wdtten consent of the Parties. Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from the project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses. C. Assiqnment Subject to the terms of this Development Agreement, Property Owners shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm or corporation or other entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the extent Property Owners are in default, as defined in Section 3.C hereof, of any of the terms of this Development Agreement when the Transfer occurs. Development Agreement 2 Richland Communities, Inc. Ordinance No. 725 Page 20 of 66 If ail or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3.C hereof. In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations under this agreement unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Concurrently, with any such sale, transfer or assignment, or within ten business days thereafter, the Properly Owners shall notify the CITY, in writing, of such sale, transfer or assignment and shall provide the CITY with an executed agreement, in a form reasonably acceptable to the CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of the Properly Owners under this agreement. D. Amendment of Aqreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owners and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owners and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of the Property Owners. After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has made a reasonable determination that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would Development Agreement 3 Richland Communities, Inc. Ordinance No. 725 Page 21 of 66 impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Project Site under the applicable Project Entitlements, shall be considered "material" and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Project Entitlements The Project Entitlements am depicted on the Tentative Tract Map and Conceptua. I Grading Plan attached hereto as Exhibits 1 - 17. Project Entitlements refers to the following matedal related to the approval of the Development Agreement (DRC2002-00156) and the Tentative Tract Map (SUBTT16072): all plans that constitute the approved project, all Planning Commission and City Council Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge that, without being obligated to do so, Property Owners plans to develop the Project Site in substantial conformity with the Project Entitlements as approved by this Development Agreement. During the Term of this agreement, the permitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, previsions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Project constitute the Entitlements as approved by this. Development Agreement. The specific terms of this Development Agreement shall supersede and be controlling over any conflict and/or inconsistency with the Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved tract totals 358 lots and that lots may be modified, without increasing the overall number of lots, as long as the proposed modification is found to be in substantial conformity with the Project Entitlements as approved by this Development Agreement. The City Planner shall exercise his reasonable discretion in the review of any proposed modifications to lots, and make the determination of substantial compliance. Other certain specific modifications of the Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto constitute material previsions of the Development Agreement, and are incorporated herein. B.' Rules and Re,qulations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, (1) the ordinance, rules and regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and the design, improvement, and construction standards and specifications applicable to development of the Project and in effect as of the date of this Development Agreement, and (2) and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies in effect as of the date of this Development Agreement, but only to the extent that they are consistent with the Project Entitlements, as modified and/or amended by this Development Agreement (collectively the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") Development Agreement 4 Richland Communities, Inc. Ordinance No. 725 Page 22 of 66 standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement or if none are so specified, the CITY's Standards. In the event of any conflict between the Existing Laws and the other CITY ordinances, rules, regulations and official policies, then the Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: 1. modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the construction or provisions of on- site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of extractions, other than as are in each case specifically provided for in this Development Agreement; 2. prevent the Property Owners from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owners would otherwise be entitled under this Development Agreement; 3. render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Desiqn and Infrastructure Issues 1. Street Sections The CITY desires that the design of Wilson Avenue, Etiwanda Avenue and East Avenue be designed as depicted in the Etiwanda North Specific Plan Exhibit 13(B)/Section A-l, Exhibit 13(D)/with community trail, and Exhibit 13(E), respectively. The following deviations from the standard CITY Engineering Division street standards or policies are acceptable as depicted on the approved plans included as part of the Project Entitlements: Street 'C' is acceptable as a non-standard cul-de-sac design; the centerline radius of Street 'A' is acceptable with a radius of 650-feet; and street sections on straight interior streets may be greater than 800-feet. 2. Dry Utilities The Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owners agree that no Burd vaults will be required throughout the Project Site. The aboveground transformere/switchgear are acceptable subject to selective placement subject to approval of the City Planner and SCE. 3. Private Landscape Maintenance This project shall form a Homeowners Association (HCA), which shall own and be responsible for maintenance of all lettered lots interior and exterior to the tract. Maintenance responsibility shall include all perimeter walls and interim detention basins, as well as slopes and landscape areas adjacent to Community Trails within the Development Agreement 5 Richland Communities, Inc. Ordinance No. 725 Page 23 of 66 Fault Zone and along perimeter streets. In addition, the Property Owner agrees to join Landscape Maintenance District (LMD) No. 7. a. City will support the creation of a new LMD for the above- mentioned areas if the Property Owner can provide a design that can be cost-effectively maintained to the satisfaction of the City Engineer. This would replace the requirement for a HOA and joining LMD 7. b. If entrances are gated, they shall conform to City design standards and all intedor improvements will become private. In that case, the HOA will also assume responsibility for streets, streetlights, sidewalks, utility easements, and storm drains/drainage facilities. 4. View Fencinq Open fencing may be utilized in rear-yard conditions only where view opportunities are present, subject to mitigation measures that may otherwise be required for sound attenuation and/or fire protection. 5. Gradinq The Grading Plan, included in the Project Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across the site of less than 8%, the Project is exempt from the CITY Hillside Development Regulations of the Development Code. 6. Community Trail The Property Owners shall design and construct improvements to the CITY Community Trail network along Etiwanda Avenue north of 'U' Street to the north tract boundary, and along East Avenue north of the Fault Zone Trail to the northerly tract boundary, in accordance with CITY standard Drawing 1002-A. In addition, a Community Trail shall be developed through the Fault Zone, between Etiwanda Avenue and East Avenue, in accordance with CITY Standard Drawing 1004. Improvements to the Regional Trail within the Edison Corridor are not required as a condition of this development. 7. Circulation Issues and Fees a. Revisions to the Etiwanda north Specific Plan/Phasinq Plan The Property Owners shall construct East Avenue southerly between Wilson Avenue and Banyan Street, in lieu of extending Wilson Avenue easterly to connect to Wardman-Bullock Road. b. Transportation Fee/Traffic Impact Analysis The Property Owners shall construct circulation improvements necessary to serve the area in and around the Project Site as generally depicted on Exhibit 18 - 20; and Property Owners shall construct additional regional transportation improvements depicted on Exhibit 22. In addition, the Property Owners shall comply with Development Agreement 6 Richland Communities, Inc. Ordinance No. 725 Page 24 of 66 Transportation Development Fees In accordance with CITY ordinance. Upon formation of a Community Facilities District ("CFD") Property Owners may include the cost of the improvement specified in this Section 2.C.7.c as part of the CFD financing. The Property Owners shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the "backbone" improvements as described herein, in conformance with CITY Policy. c. Circulation Improvements/Reimbursement Requests The Property Owners shall design, construct, and complete the following improvements: (i) Etiwanda Avenue: Improve as a Secondary Arterial along the property frontage, as depicted in Exhibit 20. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. (ii) East Avenue: North of Wilson Avenue to the northerly Tract boundary - Construct Collector Street improvements west of centerline and 18-feet of pavement east of centerline, for a total of 40-feet pavement width along with a 2-foot graded shoulder, as depicted in Exhibit 19. In addition, construct 44-feet of pavement for a distance of 200-feet north of Wilson Avenue, transifioning back to 40-feet north of that point. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. The Property Owner may request a reimbursement agreement whereby the Property shall recover the cost for improvements east of the centedine from future development as it occurs on adjacent properties in the CITY limits. If the Property Owners fail to submit for said reimbursement agreement within 6-months of the public improvements being accepted by the CITY, all rights of the Property Owners to reimbursement shall terminate. South of Wilson Avenue to Banyan Street - Construct 36-feet pavement width, as depicted in Exhibit 19. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. The Property Owners shall receive credit against the Transportation Development Fee for backbone improvements, in conformance with CITY Policy. The Proper'b/ Owner may request a reimbursement agreement whereby the Property shall recover the cost for improvements south of the southerly Tract boundary from future development as it occurs on adjacent properties in the CITY limits. If the Property Owners fail to submit for said reimbursement agreement within 6-months of the public improvements being accepted by the CITY, all rights of the Property Owners to reimbursement shall terminate. (iii) Wilson Avenue: Between Etiwanda Avenue to East Avenue - Install full-width Divided Secondary Arterial improvements as depicted in Exhibit 20. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. The Property Owners (or future developer) shall acquire right-of-way from Metropolitan Water District (MWD), along with a permit for the improvements, on the south side of Wilson Avenue. The Property Owners shall receive credit against, and reimbursement of costs in excess of, the Transportation Development Fee for the median curbs and 14-feet of pavement on both sides, in conformance with CITY Policy. Development Agreement 7 Richland Communities, Inc. Ordinance No. 725 Page 25 of 66 The Property Owner may request a reimbursement agreement whereby the Property Owners shall recover the cost for improvements, other than the 'backbone', including median landscaping south of the centerline and along the Not-A-Part parcel, from future development on adjacent properties. If the Property Owners fail to request said reimbursement agreement within 6-months of the public improvements being accepted by the CITY, all rights of the Property Owners to reimbursement shall terminate. 8. Storm Drains a. Deviation from the Etiwanda/San Sevaine Draina,qe Policy The Project shall comply with the Etiwanda/San Sevaine Drainage Policy with the construction of the 25t~ Street Interceptor Channel along the Projects' north boundary line. The Project will deviate from the Etiwanda/San Sevaine Drainage Policy with the construction of an interim detention basin to attenuate only developed storm flows to Wilson Avenue storm drain not currently attenuated by existing basins in Tracts 13527 and 14139. b. Etiwanda/San Sevaine Area 3 Master Plan Storm Drain The Property Owners shall construct Etiwanda/San Sevaine Area 3 Master Plan Storm Drain facilities along the north property boundary from Etiwanda Avenue to the Etiwanda Spreading Grounds, including culverts for both Etiwanda Avenue and East Avenue to cross the facility. These improvements shall be completed pdor to the first release of occupancy, or to the satisfaction of the City Engineer. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with CITY Policy. The Property Owner may request a reimbursement agreement whereby the Property Owners shall recover the cost for such improvements from future development on adjacent properties. If the Property Owners fail to request said reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. If San Bernardino County Flood Control District requires an interim basin for this facility, the same easement, maintenance and reimbursement issues will apply as for the Wilson storm drain basin(s). c. Interim Detention Basin The Property Owners shall design, construct and install, an "Interim Detention Basin" for the Wilson Avenue Storm Drain, located as shown conceptually on Exhibit 22, justified by a Final Drainage Report, which shall be approved by the City Engineer. The Property Owners shall: (i) Design the basin to mitigate developed flows from area bounded by Wilson, East and Etiwanda Avenues, and Southern California Edison; (ii) Provide a temporary easement to the CITY over the lots that contain the basin; (iii) Provide for maintence of the Interim Detention Basin through annexation to an existing Assessment District, the formation of a new Assessment District, or the execution of a maintenance agreement satisfactory to the Development Agreement 8 Richland Communities, Inc. Ordinance No. 725 Page 26 of 66 City Engineer and the City Attorney that guarantees the private maintenance of the facility. The Properly Owners shall be responsible for the costs relating to the annexation to an existing Assessment District, the formation of a new District, or the preparation of a maintenance agreement. The CITY shall be provided with rights of access to maintain the facility if private maintenance is insufficient. The CITY shall have the right to assess those maintenance costs incurred by the CITY to the Property Owners. Said agreement shall include a cash deposit as security for any maintenance costs the CITY may incur. Said agreement shall be recorded to run with the property. (iv) Pay an in-lieu fee for the removal of any interim basin .... improvements within the LMD areas (if applicable) and their replacement with the LMD Landscaping, pdor to final map recordation. (v) Request that the CITY execute a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the Property Owners fail to request said reimbursement agreement within 6omonths of the public improvements being accepted by the CITY, all dghts of the Property Owners to such reimbursement shall terminate. (vi) Install local storm drains to convey development drainage to the existing Master Plan Storm Drain in Wilson Avenue, and extend the local storm drain system as far on-site as needed to contain Q25 within the tops of curbs, Q100 'within rights-of-way and provide a 10-foot dry lane in QIO. The cost of local storm drains shall be borne by the Property Owners with no fee credit. 9. Park Fee/Equestrian Fee/Beautification Fee Property Owners shall pay the following development fees: ..... a. The Property Owners shall pay CITY a sum totaling $358,000 (based upon $1,000 per unit) for equestrian purposes. The sum may be paid from CFD formation and funding. However, the prorated share of the fee for each individual tract map must be paid prior to recording of said tract map. The CITY shall reserve said funds for the intended purpose, or the Property Owners may directly participate in the construction of the CITY-approved Nodh Etiwanda Equestrian Arena. b. The Property Owners shall pay the CITY a sum totaling $2,362,800 ($6,600 per unit) for park purposes. The sum may be paid from CFD formation and funding. However, the prorated share of the fee for each individual tract map must be paid prior to recording of said tract map. In addition, the applicant shall receive park credit for improvements to the Community Trail that traverses the site within the Fault Zone, in accordance with General Plan Policy. The Trail Credit Graph (Exhibit 111-12) of the General Plan establishes the basis upon which park credit is determined for Community or Regional Trail improvements. Based on the analysis using the Trail Credit Graph, the Property Owners will receive credit for 1.5 acres, which is 35 percent of the total trail area. The 1.5-acre credit equates to a dollar value of $600,000, which will be applied to the total value of the Park Fee as required in the paragraph above. Development Agreement 9 Richland Communities, Inc. Ordinance No. 725 Page 27 of 66 c. The Property Owner shall not pay the CITY Beautification Fee of $0.20 per square foot for residential construction if improvements to Wilson south parkway are made. 10. Development Standards The project shall be developed in accordance the CITY's Low-Density Residential District of the Etiwanda Nor'ih Specific Plan. a. Number of Housinq Units: The project entitlements include 358 housing units. 11. Design Review Process The Project, and all subsequent applications for residential development, shall be subject to the CITY Development/Design Review process. 12. Architectural Guidelines The Project, and all subsequent applications for residential development, shall be subject to the Architectural Guidelines of the Etiwanda North Specific Plan. 13. Etiwanda Avenue Scarp Fault Zone The Etiwanda Avenue Scarp is located within an Alquist-Priolo Fault Zone as depicted in the CITY General Plan Exhibit V-l; and is identified as a Fault Zone land use district as depicted in the CITY Etiwanda North Specific Plan Exhibit 10. The Property Owners have conducted a Geotechnical Investigation (GeoSoils, Inc. November 11, 1998) in order to define and identify the actual zone of faulting of the Efiwanda Avenue Scarp where it traverses the project site. A Fault Setback. Zone, as recommended by the Investigation, is depicted on the Tentative Tract Map and the Conceptual Grading Plan included in the Project Entitlements. Habitable structures shall not be developed within the Fault Setback Zone, however, portions of the lot area may encroach in the Fault Setback Zone as depicted on the Tentative Tract Map and Conceptual Grading Plan included in the Project Entitlements. All improvements within the Fault Zone, as described in this paragraph and depicted in the Project Entitlements, shall be completed prior to the issuance of building permit of the 150~ dwelling within the project. 14. Open Space Transfer Plan The Property Owners shall transfer to the County of San Bernardino Special Districts OS-1, other qualified conservation entity approved by the City in fee, a minimum of 150-acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be determined by County of San Bemardino Special Districts (or other conservation entity), to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the City Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. Development Agreement 10 Richland Communities, Inc. Ordinance No. 725 Page 28 of 66 D. Timing of Development and Fees 1. Development of the Perimeter Landscapinq and the Etiwanda North Specific Plan Neiqhborhood Monumentation All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation as depicted in the Etiwanda North Specific Plan Exhibit 25A-C, shall be completed according the following schedule: (1) the East Avenue Perimeter, the Wilson Avenue perimeter, and the western Project perimeter south of the Fault Zone shall be completed prior to the release of occupancy of the 150~h dwelling within the project; and (2) the Etiwanda Avenue perimeter, north of the Fault Zone shall be completed prior to the release of the 250~ dwelling unit within the project. 2. Development of the Remainder of the Site Neither the Property Owners nor CITY can presently predict when or the rate at which phases of the project shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owners including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors. The parties acknowledge and agree that Properly Owners, subject to the restrictions and conditions of this Development Agreement, retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owners' business judgment. The CITY further acknowledges that Property Owners may desire to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgment of subsequent owners of the Project Site. 3. CITY's Cooperation CITY shall use good faith, diligent efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owners with respect to the Project. Such cooperation shall include, without limitation, (a) using good faith, diligent efforts to process subsequent Development/Design Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Section 2.1 below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof, shall be deemed to conflict with Property Owners' vested rights to develop the Project under this Development Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, the criteda used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified herein. Development Agreement 11 Richland Communities, Inc. Ordinance No. 725 Page 29 of 66 4. Force Maieure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owners and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owners, as applicable. The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owners may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review, the CITY shall retain its discretionary review · authority and the CITY's applicable ordinances, rules, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CiTY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law. F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Project Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2.F above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEO, A, the adverse environmental impacts of such future entitlements, which were not considered at the time of approval of the Project. G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owners (collectively "fees") fall within one of three categories: (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray ail or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the Development Agreement 12 Richland Communities, inc. Ordinance No. 725 Page 30 of 66 "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("other Fees"). The Property Owners' obligation to pay Fees shall be specifically governed by the following provisions: 1. Processinq Fees. The CITY may charge Planning and Engineering Plan Check and Permit Fees and Building Permit Fees which are in force and effect on a CITY-wide basis at the time of Property Owners' application for a land use entitlement,or a construction permit. The amount of any Processing Fees shall be determined by the cI-rY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owners and the CITY, the Processing Fees assessed Property Owners shall be the same as those imposed upon other development projects throughout the jurisdictional limits of the CITY. 2. Other Fees. In consideration of the Property Owners' Agreement to modify the Project Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owners or the Project during the Term of this Development Agreement, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the project in accordance with 2.G above. 3. Fiscal Impact Analysis. CITY does not require Property Owners or the Project to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement. H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Project, Property Owners will, from time to time, apply to the CITY for various ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CiTY's jurisdiction (collectively the "Non-Discretionary Permits"). property Owners shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2.B, above). The CITY shall issue to Property Owners, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non- Discretionary Permits (subject to the provisions of Section H above) and the terms and conditions of the applicable permit applications. The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owners in conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Project which are consistent with and further implement such Approved Development Agreement 13 Richland Communities, Inc. Ordinance No. 725 Page 31 of 66 Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. I. Cooperation 1. Cooperation with Other Public Aqencies. The CITY acknowledges that the Property Owners may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Project, in conjunction with the development of or provision of services to the Project, including, without limitation, approvals in connection with developing and implementing a tertiary water system, potential transportation improvements and other on-site and off- site infrastructure. The CITY shall cooperate with Property Owners in its efforts to obtain such permits and approvals from such agencies (including without limitation, the Cucamonga Valley Water District, and the Inland Empire Utilities Agency). 2. Construction of Off-Site Improvements. To the extent that Property Owners are required to construct off-site street improvements as a condition of developing the Project, the Properly Owners shall make good faith efforts to acquire the off-site property interests required to construct such public improvements. If Property Owners fail to do so, Property Owners shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Sections 66462 and 66462.5 at such time as the CITY decides to acquire the property interests required for the public improvements. Such agreement shall provide for payment by Property Owners of all costs incurred by the CITY if the CITY decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the CITY at Property Owners' cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owners to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements. Without limiting the generality of the foregoing, the CiTY agrees with respect to the infrastructure improvements which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owners for construction and related costs !ncurred in providing such improvements to the extent legally permissible. 3. Public FinancinR. The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park Fee, Equestrian Fee and School Fees and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owners to the fullest extent possible in developing Development Agreement 14 Richland Communities, Inc. Ordinance No. 725 Page 32 of 66 and implementing a public financing plan for the construction of the public infrastructure improvements. The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of bonds, certificates of participation, or other debt securities necessary to implement such plan. All formation costs shall be borne by Property Owners subject to reimbursement by the Community Facilities District. J. Creation of the Landscape and Street Liqhtinq Maintenance District The CITY agrees to promptly form the necessary Landscape Maintenance District (LMD) pursuant to California Streets and Highways Code Sections 22500 et seq .. (~he "Landscape and Lighting Act of 1972") for the Project development to encompass the Project Site as well as the area being annexed by the CITY. However, the Property Owners shall annex to the existing Street Lighting District. The Property Owners shall pay for the formation of the LMD. The Parties agree that the LMD must be established no later than recordation of the first final tract map and that the CITY may create an LMD, which allow annexation of other areas. In addition, if outside agencies, upon their review and approval of various components of the project, impose any non-standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation additional maintenance districts upon the proposed development. Upon formation of the LMD, the CITY (through the LMD) shall assume full responsibility for the maintenance, repair and replacement of the improvements to be maintained by the LMD pursuant to the LMDs governing documents. The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LMD for the period ending June 2006, the CITY may request, and the Property Owners agree to provide, a reasonable cash deposit to fund the LMD. The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owners for any such cash advances to fund the LMDs. Section 3, ANNUAL REVIEW A, Good Faith Compliance Pursuant to California Government Code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owners with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Project Site. In connection with such annual review, Property Owners shall provide such information as may reasonably be requested by the C~TY in'order to determine whether any provisions of this Agreement have' been breached by Property Owners. If at any time prior to the review period there is an issue concerning a Property Owners' compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply. B, Certificate of Compliance If property Owners are found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owners, issue a certificate of compliance ("Certificate of Compliance") to Property Owners stating that, based upon information known to the CITY, the Development Agreement remains in effect and Property Owners are not in default. The Certificate of Development Agreement 15 Richland Communities, Inc. Ordinance No. 725 Page 33 of 66 Compliance shall be in recordable form and shall contain such information as shall impart constructive record of notice of compliance. Property Owners may record the Certificate of Compliance in the Official Records of the County of San Bemardino. C. Findinq of Default If, upon completion of the annual review, the City Planner intends to find that Property Owners have not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Ownem, pursuant to Section 3, Annual Review, subsection M - Notices, of this Agreement. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Properly Owners' compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owners' performance under this Development Agreement. The notice shall specify in detail the grounds and all facts allegedly demonstrating such noncompliance, so Property Owners may address the issues raised on a point-by-point basis. Property Owners shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner. Within 10 days after the expiration of such 20-day response period, the City Planner shall notify Property Owners whether he has determined that Property Owners are in Default under this Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owners have allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owners to meet the terms of compliance, which time shall not be less than thirty (30) days from the date the Notice of Default was served on the Property Owners, and which shall be reasonably related to the time necessary to bdng Propertx, Owners' performance into good faith compliance. D. Riqht to Appeal Upon receipt of the Notice of Default, the Property Owners may appeal the City Planner's decision directly to the City Council. Such appeal shall be initiated by filing a wdtten notice of appeal with the City Clerk within the (10) calendar days following the Property Owners' receipt of the Notice of Default. The headng on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY Development Code. At the headng, Property Owners shall be entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after considering all the evidence presented at the headng, the City Council finds and determines on the basis of substantial evidence the Property Owners are in Default, then the City Council shall specify in writing to Property Owners the instances in which the Property Owners has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owners to meet the terms of comp lance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owners' performance into good faith compliance. In the event of a Notice of Default, the timeframe for compliance in Section 3 - Annual Review, subsection C - Finding of Default, of this Agreement cannot be enforced during this appeal process. E. Property Owners' Cure Ri.qhts If Property Owners are in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement or to otherwise amend or limit Property Owners' rights under this Development Agreement. In no event shall such cure period Development Agreement 16 Richland Communities, Inc. Ordinance No. 725 Page 34 of 66 be less than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by force majeure circumstances described in Section 2D5 above. Section 4, ENFORCEMENT A. Enforcement by Either Party Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties to this Agreement. B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal. action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either of the Parties in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assiqns Subject to the provisions of Section 1C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns. Insofar as this Development Agreement refers to Property Owners, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owners" shall refer to any such successor or assign. B. Proiect as a Private Undertakin.q It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an Development Agreement 17 Richland Communities, Inc. Ordinance No. 725 Page 35 of 66 independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture, or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Properly Owners is that of a government entity regulating the development of private property and the owner of such private property. C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. Mortgage Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owners, in any manner, at Property Owners' sole discretion, from encumbering the Project or any portion of the Project or any improvements on the Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Project or any improvements thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value. 3. Mortqaqee Not Obligated. Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by judicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owners hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owners with respect to the Property Owners or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Property Owners with respect to the Project or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owners; provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owners is a condition to granting of a specific benefit or to the performance of a specific covenant by Development Agreement 18 Richland Communities, Inc. Ordinance No. 725 Page 36 of 66 CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. 4. Notice of Default to Mortqaqee: Riqht of Mort.qagee to Cure. If a Mortgagee files with the City Clerk, a written notice requesting a copy of any Notice of Default given Property Owners under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owners, any notice given to Property Owners with respect to any claim of the CITY that Property Owners have not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure pedod given to Property Owners with respect to such Default, to cure such default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default if such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3E above. 5. Bankruptcy. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by any reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Property Owners, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property dudng the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition. 6. Amendment to Development Aqreement. The CITY and Property Owners agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owners shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owners each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive Development Agreement 19 Richland Communities, Inc. Ordinance No. 725 Page 37 of 66 provisions of this Development Agreement, the Project Entitlements and the Existing Laws. E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire A.clreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subject matter of this Development Agreement. G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governinq Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the dghts of each of the Parties shall be determined in accordance with the laws of the State of California. I. Recording The City Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bemardino no later than ten (10) days following the effective date of this Development Agreement. Once any lot or parcel in the Project has been improved with a structure pursuant to this Development Agreement for which the CITY has issued a Certificate of Occupancy, this Development Agreement shall be deemed terminated with respect to such lot or parcel. While Parties intend for such termination to be effective without further documentation, the CITY agrees to execute such documentation as a Title Company shall reasonably require to evidence such termination t the public record. J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement. K. Waiver The failure of any of the Padies at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an odginal breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a party unless the waiver is in writing and signed by any of the Parties. Development Agreement 20 Richland Communities, Inc. Ordinance No. 725 Page 38 of 66 L. Partial Invalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices_ All notices between the CITY and Property Owners and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current address are as follows: To CITY: Mr. Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Ddve Rancho Cucamonga CA 91730 With Copies to: Mr. James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 To Property Owners: Mr. John Schafer Hill Country $.A. Ltd./Richland Tracy, Ltd. 4100 Newport Place, Suite 800 Newport Beach CA 92660-1403 With Copies to: Either Parties may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above. N. Indemnification Property Owners hereby agree to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Land Use Entitlements, or both. Development Agreement 21 Richland Communities, Inc. Ordinance No. 725 Page 39 of 66 IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA RICHLAND TRACY, Ltd. a Flodda limited partnership By: Richland Ventures Inc., a Flodda Corporation, its general partner By: By: Mayor Name/Title Date: Date: A'FI'ESTED TO: HILL COUNTRY, S.A. Ltd., a Texas limited partnership By: Richland Stone Oak, Inc. a Texas Corporation, its general partner By: City Clerk Name (Pdnt): Date: Title: Date: APPROVED AS TO FORM: City A~omey Date: Attorney's for Hill Country S.A., Ltd. Attorneys for Richland Tracy, Ltd. Development Agreement 22 Richland Communities, Inc. Ordinance No. 725 Page 40 of 66 EXHIBIT "A" DEVELOPMENT AGREEMENT DRC2002-00156 LEGAL. DESCRIPTION REAL PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL NO. 1 (225-083-01) THE sOUTHWEST 1/~ OF THE SOUTHWEST 1/4 , AND THE WEST ~ OF THE SOUTHEAST % OF THE sOUTHWEST %, ALL IN SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE cOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM THE SOUTH 30 FEET THEREOF. PARCEL NO. 2 {225-083-13) THE NORTHEAST % OF THE SOUTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 21, TOWNSHIP NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN ~ERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. PARCEL NO~.3 (225-083-12) THE NORTHEAST ¼ OF THE SOUTHWEST % OF SECTION 21, TOWNSHIP I NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL pLAT OF SAID LANDS. EXCEPTING THEREFROM ALL MINERALS, MINERAL INTEREST, OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, WITHOUT THE RIGHT TO ENTER UPON, PROCESS OR USE ANY PORTION OF THE SURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET BELOW THE SURFACE, AS RESERVED TO RODERICK STEVENSON, ET AL, BY DEED RECORDED SEPTEMBER 11, 1981, INSTRUMENT NO. 81-202051, OFFICIAL RECORDS. PARCEL NO. 4 (225-083-18) THAT PORTION OF THE SOUTH Va OF THE NORTHWEST ¼ OF THE SOUTHWEST % OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND ON FILE IN THE DISTRICT LAND OFFICE, LYING WEST OF A LINE DESCRIBED AS FOLLOWS: A POINT ON THE NORTH LINE OF SAID sOUTH Y= OF NORTHWEST t/. OF THE , t SAID POINT BEING NORTH 89°10,42" EAST, 356.99 FEET, FRO THEAT BEGINNING SOUTHWEST ¼. ~ ~· F THE SOUTHWEST ¼AND NORTHWEST CORNER OF SAID SOUTH ~ OF THE NORTHWEST % O SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE SOUTH 15°37'04" EAST, 476.71 FEET; THENCE BY A 1000 FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF 213.30 FEET, TO A POINT ON THE SOUTH LINE OF SAID SOUTH Y= OF THE NORTHWEST ¼ OF THE sOUTHWEST % AND POINT BEING NORTH 89°10'35" EAST, 563.40 FEET, FROM THE SOUTHWEST cORNER OF SAID SOUTH ¼ OF THE NORTHWEST ¼ OF THE SOUTHWEST %, SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE. Ordinance No. 725 Page 41 of 66 PARCEL NO. 5 (225o083-16) THAT PORTION OF THE SOUTH ~ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT, LYING EAST OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH Y2 OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼, SAID POINT BEING NORTH 89°10'42" EAST, 356.99 FEET FROM THE NORTHWEST CORNER OF SAID SOUTH ~ OF THE NORTHWEST t/, OF THE SOUTHWEST ¼, AND SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE; THENCE SOUTH 15°37'04" EAST, 47'6.41 FEET; THENCE BY A 1000-FOOT RADIUS CURVE TO THE LEFT, A DISTANCE OF 213.30 FEET TO A POINT ON THE SOUTH LINE OF SAID SOUTH ~ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼, SAID POINT BEING NORTH 89°10'35" EAST, 563.40 FEET FROM THE SOUTHWEST CORNER OF SAID ½ OF THE NORTHWEST ¼ OF THE SOUTHWEST ~, SAID CORNER BEING ON THE CENTERLINE OF ETIWANDA AVENUE. EXCEPTING THEREFROM AN UNDIVIDED ~ INTEREST IN AND TO ALL OIL, GAS, MINERALS AND/OR OTHER HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND BELOW A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF, BUT WITHOUT ANY RIGHTS TO ENTER UPON THE SURFACE OF SAID LAND OR TO THE TOP 500 FEET OF THE SUBSURFACE THEREOF.. PARCEL NO. 6 THE SOUTHERLY 30 FEET OF THE SOUTH ~ OF THE NORTHWEST ¼ OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPTING THEREFROM '~HE EAST 20 FEET. ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED MARCH 8, 1951, IN BOOK 2730, PAGE 415, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. r PARCEL NO. 7 THE NORTH ¼ OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 21, TOWNSHIP 1 NORTH, RANGE 6 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND APPROVED BY THE SURVEYOR GENERAL, NOVEMBER 13, 1881, AND ON FILE IN THE OFFICE OF THE BUREAU OF LAND MANAGEMENT. Ordinance No. 725 Page 42 of 66 APN: 0225-083-01°0°000 AND 0225-083-12-0-000 AND 0225o083-13°0-000 AND 0225-083-15-0-000 AND 0225-083-20-0-000 AND 0225°083-16-0-000 AND 0225-083-24-0-000. PREPARED uNDER MY SUPERVISION: LICENSE EXPIRES 6-30-2004 u~.xp' 6/30/2004m G:~05~10~,LEGALS'~ANNEX-DOC ~ Ordinance No. 725 Page 43 of 66 BOUNDARY MaP: ss.c~=.¢n NWl/4 PARCEL 7 AP~ ~ p~3 p,e, RClg. 1 pARCEL 2 AFfl 2~H~-0~ APN 22~08~-13 W. MICHAB. WATI~ 'II~EA~/~YT PLANT EASEMENT NOTES: DEVELOPMEN' AGREEMENT EXHIBr T~CT NO. 1607: PROJEC EXHIBIT "B" Ordinance No. 725 Page 44 of 66 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. t607 TENTATI~ EXHIBIT NO. I TRACT M, Sheet t of'. Ordinance No. 725 Page 45 of 66 ~~"~EN DEVELOPM ' AGREEMENT EXHIBI' TRACT NO~0~7, TTERANTc.~TMI~A EXHIBI? NO, '~ Ordinance No. 725 Page 46 of 66 L(~T sUMMARY ~8OUT14 PHASE" (8QUARE~,FI~~ " - DEVELOPMEN ' "*- AGREEMENT EXHIBI " ' - TRACT NO. , . -- TENTATI~ · TRACT MJ EXHIBIT NO, 3 ..... ~--'-' Ordinance No. 725 Page 47 of 66 i '--' ; = -=- =: ..,.,,__,,__ ... _.= ,__.== ~ '."" ~ ~!: = =' ~ ~ -: ~ '"'= ~ ~ ~ OEVELOPMEN'I B ',!~. ~ = : .~ ~ i ~ .~ ,= AGREEMENT EXHIBI1 i ~ -~ E ~. : ,~ · .=' _.= : TRACT NO. '1607: ' '--' "" ~ I ~ ~ ~ ~ ~ TENTATIVI : ~i~ '"1 TRACTMAI Sheet 4 of 2 EXHIBIT NO. 4 Ordinance No. 725 Page 48 of 66 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. t 60? CONCEPTUAL GRAOIN EXHIBIT NO. 5 pLA. Sh~T'~~ Ordinance No. 725 Page 49 of 66 DEVELOPMEN' AGREEMENT EXHIBI' TRACT NO. '1607 CONCEal'UA EXHIBIT NO. 6 o~o,.o.,.A, sh~T3 ~~, Ordinance No. 725 Page 50 of 66 DEVELOPMEN AGREI=Mm=NT ECXHIBI TRACT NO. 1607 CONCEPTUA EXHIBIT NO. 7 ORADINGPLA Ordinance No. 725 Page 51 of 66 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. 160'/ CONCEPTU.( EXHIBIT NO. 8 s~,~"'~' Ordinance No. 725 Page 52 of 66 DEVELOPME~ AGREEMENT EXHIB~ T~CT NO. 160~ CONCE~U~ EXHIBIT NO. 9 G~DIN~ Sh~t g ~ Ordinance No. 725 Page 53 of 66 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. '160? EXHIBIT NO. 10 GRADINGCONCEPTU'~pLA s~'~o~' Ordinance No. 725 Page 54 of 66 .~._._.,,..., ,- DEVELOPMEN AGREEMENT EXHIBI TRACT NO. '~ 601 CONCEPTU~ EXHIBIT NO. Ordinance No. 725 Page 55 of 66 __, **~'~*~'"' DEVELOPMEN AGREEMENT EXHIBI TRACT NO. t 60'~ EXHIBIT NO. 12 GRADINGCONCEPTU'pu Ordinance No. 725 Page 56 of 66 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. t 60'~ CONCEPTU~ EXHIBIT NO. 13 GRADING PI..~ Sheet 13 of Ordinance No. 725 Page 57 of 66 DEVELOPMEN' AGREEMENT EXHIBF TRACT NO. ~1607: EXHIBIT NO. 14 CONCEPTUA GRADING PI.Al Sheet t4 of = l{ I " I I I - I I I-'.l "' r ::' i '"-' i "' ~ -'.-', , ...=".._. ;"; .'-': .'_- .... ~... .... =. ..... .=.,.. - -~.:=. := ....... =,. ............. /.".1 ."."i1 DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 16072 GRADING I=¥HIRIT NO 15 ~ ~ SECTION 'D-D' ,~~~111 III III I III1~--I-I1~ SECTION INDEX MAP ~ DEVELOPMENT AGREEMENT EXHIBIT TRACT NO. 16072 GRADING I=¥1-11RIT NO_ t1~ SECTIONS Ordinance No. 725 Page 60 of 66 AGREEMENT EXHIBr ,. "~- - T~CT NO. 1607: .... ~ ..... G~DIN~ EXHIBIT NO. 17 SECTION. Ordinance No. 725 Page 61 of 66 · : FOR EASTAVi~I. 'SEE EXHIBIT NO. 20 FOR WILSON AVENUE SEClION DEVELOPMEN' AGREEMENT EXHIBI TRACT NO. t 607 EXHIBIT NO. 18 C,RC.~T,O IMPROVEMENT Sheet 18of: Ordinance No. 725 Page 62 of 66 ~Y EAST AVENUE (NORTH OF WILSON AVENUE) AGREEMENT EXHIBI TRACT NO. t60'J EXHIBIT NO. 19 TYPICAL STREE SECTIOI' Sheet 19 of Ordinance No. 725 Page 63 of 66 WILSON AVENUE (24TH STREET) DEVELOPMEN' AGREEMENT EXHIBI' TRACT NO. 16071 .EXHIBIT NO. 20 TYPICALsEcTioN:STREE' Sheet 20 of; Ordinance No. 725 Page 64 of 66 TABLE 6-2 PROJECT FAiR SHARE INTERSECTION TRAFFIC CONTRIBUTION I 2020 PROJECT i WITH TOTAL % OF PROJECT TOTAL EXJSTING. PROJECT PROJECT NEW NEW COST ~NT ERSECTION/S EG ME,"~T cosr TRAFFIC TRAFFIC TRAFFIC TRAFFIC TRAFFIC SHARE .:tiwanca Ave. - West (NS} at: · WiJson Ave. ,fEW} $120~000 319 : 1,402 142 lr083 13.1% $15,734 !liwanda Ave. - --as;. ,fNS) aC · Wilson Ave. (EW} $120,000 291 j 1,450 160 1,159 13.8% $16,566 · Summit. Ave. (_=W) $120,000 928 i 1,§B3 112 1.055 10.6% $12,739 · Hi.3h[andAve.,fEW} $309~000 lr214 , 2,209 109 995 11.0% $33,850 :asr Ave. (NS) at: · Wi!son Ave. (_-~,'¢) $120.000 O 1,305 165 1,305 12.6% $15,172 · SummilAve. (EW1 $738,000 510 1,656 106 1~146 g.2% $68.262 TOTAL I ~;1IS27'000 J I ! $162,324 DEVELOPMEN AGREEMENT EXHIBI TRACT NO. '1607 EXHIBIT NO. 21 REGIONAL TRANSPORTAT,O COST ESTIMATE Ordinance No. 725 Page 65 of 66 EXHIBIT 7-A CIRCULATION RECOMMENDATIONS SITE ,~:. .... ~ engine~dng DEVELOPMEN' AGREEMENT EXHIBI' T~CT NO. 1607 EXHI BIT NO. 22 REGIONAL T~NSPORTATIOtiMPROVEMENT Sh~t ~of; Ordinance No. 725 Page 66 of 66 · 'I DE'I1ENT]ON 8A~IN DEVELOPMEN~ AGREEMENT EXHIBI~ TRACT NO. 1607: INTERIM DETENTIOI BASIN