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Home My WebLink About2003/05/28 - Agenda Packet n I.J THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION AGENDA Rnrrceo GUCn;vtorrcn MAY 28, 2003 7:00 PM Rancho Cucamonga Civic Center Tri-Communities Room 10500 Civic Center Drive Rancho Cucamonga, California I. CALL TO ORDER Pledge of Allegiance Roll Call Chairman McNiel _ Vice Chairman Macias Fletcher _ McPhail _ Stewart _ II. ANNOUNCEMENTS III. APPROVAL OF MINUTES May 14, 2003 May 14, 2003 Adjourned Meeting IV. CONSENT CALENDAR The following Consent Calendar items are expected to be routine and non- controversial They will be acted on by the Comm~ss~on at one hme without discussion If anyone has concern over any dem, d should be removed for discussion A DEVELOPMENT REVIEW DRC2003-00049 -AMERICAN PACIFIC HOMES - A design review and budding elevations and detailed site plan for 23 single-family lots on 11 acres of land in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located east of Mulberry Street and generally south of the I-210 and I-15 Freeways interchange - APN 0228-011-20, 24, 25, and 34 Related Files Variance DRC2003-00050 and Tentative Tract Map SUBTT16302 - PLANNING COMMISSION AGENDA 2 MAY 28, 2003 RANCHO CUCAMONGA V. PUBLIC HEARINGS The following items are public hearings m whrch concerned individuals may voice then opinion of the related project Please wait to be recognized by the Chairman and address the Comm~ss~on by stating your name and address All such opinions shall be limited to 5 minutes per individual for each project Please sign ~n aRer speaking B SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA01-02 (CO 02-012) -VICTORIA GARDENS-C, L L.C - A request to amend the Development Agreement for the Victoria Gardens Regional Center to provide assurance that mator department store parcels, up to a total of 10 57 combined acres, will not experience increased Mello Roos taxes assoaated with Community Faalities District 2003-01, without the unanimous support of the affected property owners -APN 0227-161-48 and 49, 0227-171-36, 0227-201-35 and 45 thru 48, and 0227-211-30 and 39 thru 43 C VARIANCE DRC2003-00050 -AMERICAN PACIFIC HOMES - A request for an increase in wall height to a maximum of 15 feet for noise mitigation on 11 acres of land m the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Speafic Plan, located east of Mulberry Street and generally south of the I-210 and I-15 Freeways interchange -APN 0228-011-20, 24, 25, and 34 Related files Tentatwe Tract Map SUBTT16302 and Development Review DRC2002-00049 D TENTATIVE PARCEL MAP SUBTPM16139 - PORTOLESI - A request to subdivide a 5 14 acre property into 6 parcels in Subarea 13 of the General Industrial District, located at the northwest corner of 6th Street and Charles Smith Avenue -APN 0229-262-30 and 32 Related Fdes Development Review DRC2002-00697 and General Plan Amendment GPA2002-00003 On March 12, 2003, a Mitigated Negative Declaration was adopted by the Planning Commission for Development Review DRC2002-00697 The California Environmental Quality Act provides that no further environmental review or Negatwe Declaration is regwred for subsequent protects within the scope of a previous Negatwe Declaration E DEVELOPMENT REVIEW DRC2003-00309 - MACY'S - A request to construct a two story, 175,000 square foot department store (Macy's) within the Victoria Gardens Regional Center in the Mixed Use District of the Victoria Community Plan, located north of Foothill Boulevard, south of Church Street, between Day Creek Boulevard and the I-15 Freeway - APN 0227-171-22 and 23, 0227-201-30, 33, 35, and 36, 0227-211-24, 39, and 40 thru 43, and 0227-262-35, 36, and 38 This action is within n n U • - PLANNING COMMISSION AGENDA 3 MAY 28, 2003 R~~HO CUCAMONGA the scope of the protect reviewed in an Environmental Impact Report (EIR) (State Cleannghouse No 20010301028) prepared for Development Agreement 01-02, Victoria Community Plan Amendment 01-01, and Tentative Parcel Map SUBTT15716 Said EIR was certified by the City Counal on February 20, 2002, and no additional environmental rewew for the discretionary actions mentioned in this notice is regwred pursuant to Public Resources Code Section 21166 VI. DIRECTOR'S REPORTS F ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 VII. PUBLIC COMMENTS This ~s the time and place for the general public to address the commission Items to be discussed here are those that do not already appear on this agenda VIII. COMMISSION BUSINESS IX. ADJOURNMENT The Planning Comm~ss~on has adopted Admmistrat~ve Regulahons that set an 11 00 p m adloumment hme if dems go beyond that time, they shall be heard only wdh the consent of the Commission THE PLANNING COMMISSION WILL ADJOURN TO A WORKSHOP IMMEDIATELY FOLLOWING IN THE RAINS ROOM TO DISCUSS PRE-APPLICATION REVIEW DRC2003-00240 - JOSEPH BACHOURA AND PRE-APPLICATION REVIEW DRC2003-00441- STEVE ELLIS 1, Gad Sanchez, Planning Commission Secretary of the Cdy of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on May 22, 2003, at least 72 hours poor to the meeting per Government Code Secton 54964 2 at 10500 Ciwc Center Dnve, Rancho Cucamonga ~~~~ - PLANNING COMMISSION AGENDA MAY 28, 2003 RANCHO cUCAMONGA 4 If you need speaal assistance or accommodations to pafiapate in this meeting, ® please contact the Planning Division at (909) 477-2750 Notification of 48 hours pnor to the meeting will enable the City to make reasonable arrangements to ensure accessibility Listening devices are available for the hearing impaired • LJ Vicinity Map Planning Commission May 28, 2003 ~&c City of Rancho Cucamonga Q • N MAY 28, 2003 PLANNING COMMISSION AGENDA INDEX ITEM NO. ITEM TITLE PAGES A enda 2 - 5 A - C Development Review DRC2003-00049 Variance DRC2003-00050 6 - 52 B Second Amendment To Development A reement DA01-02 CO 02-012 53 -127 D Tentative Parcel Ma SUBTPM16139 128 - 156 E Develo merit Review DRC2003-00309 157 - 185 F Engineering Division Capital Improvement Pro ram for Fiscal Year 2003/04 186 - 194 C I T Y O F R A N C II O C U C A M O N G A Staff Report DATE May 28, 2003 ' ' TO Chairman and Members of the Planning Commission FROM Brad Buller, Clty Planner , BY Douglas Fenn, Associate Planner, MPA SUBJECT DEVELOPMENT REVIEW DRC2003-00049 -AMERICAN PACIFIC HOMES - A design review and building elevations and detailed site plan for 23 single-family lots on 11 acres of land in the Low Residential District (2-4 dwelling units per acre) of~the Etiwanda Specific Plan, located east of Mulberry Street and generally south of the I-210 and I-15 Freeways interchange -APN 0228-011-20, 24, 25, . and 34 Related Files Tentative Tract Map SUBTT16302 VARIANCE DRC2003-00050 -AMERICAN PACIFIC HOMES - A request for an increase in wall height to a maximum of 15 feet for noise mibgatwn on 11 acres of land in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located east of Mulberry Street and generally south of the I-2101and I-15 Freeways interchange -APN 0228-011-20, 24, 25, and 34 Related files Tentative Tract Map SUBTT16302 PROJECT AND SITE DESCRIPTION A Project Density 2 27 dwelling unds perlacre B Surrounding Land Use and Zoning North - Single-Family Residences and vacant land, Low Residential (2-4 dwelling units per acre) South - San Bernardino County Flood Control Victoria Basin, Open Space East - Etiwanda Creek/San Sevaine Flood Control Channel and vacant land, Open Space and Low Residential (2-4 dwelling units per acre) West - Single-Family Residences (Ryland Tract TT15798), Low Residential (2-4 dwelling units per acre) C General Plan Designations Project Slte - Low Residential (2-4 dwelling units per acre) North - Low Residential (2-4 dwelling units per acre) South - Flood Control/Utility Corridor East - Flood Control/Utility Corridor West - Low Residential (2-4 dwelling units per acre) ITEMS A,C PLANNING COMMISSION STAFF REPORT DRC2003-00049 AND DRC2003-00050-AMERICAN PACIFIC HOMES May 28, 2003 . Page 2 D Site Characteristics The subtect site has been cleared and grubbed and there is no sigrnficant vegetation currently on the site A rough grading permit was issued May 1, 2003 The site slopes to the south and no unique physical characteristics are evident on the site There are existing single-family homes to the west BACKGROUND On January 8, 2003, the Planning Commission approved Tentative Tract SUBTT16302 for the subdivision of 23 single-family lots on 10 1 acres of land in the Low Residential District of the Etiwanda Specific Plan contingent upon approval of a Valiance for freeway sound attenuation walls once a development review protect was to be submitted ANALYSIS A General The applicant proposes product design that has been approved and bwlt in other tracts in the area to the south off of East Avenue• Tracts 16189, 15798, and 15911 The 26 homes range in size from 2,808 to 3,941 square feet The applicant proposes four plans with options (side-on garages), with elevations that reflect rich materials and variation, such as stone veneers, lap siding, wood trims, pot shelves, wood corbels, diverse roof pitches, and other elements The design is consistent with the standards and gwdelines of the Etiwanda Speafic Plan ' B Variance The applicant has applied for a Variance to increase the perimeter wall height from 6 feet up to a maximum height of 15 feet The Variance is necessary for the increased perimeter wall height to provde adequate sound attenuation from the I-210 and I-15 Freeways interchange The sound walls will range from 8 feet up to 15 feet in height depending upon the lot based upon the recommendations of the noise study,, and as regwred by the mitigation measures adopted for this tract Facts for Findings The purpose of a Variance is to provide flexibility from the strict application of development standards In order to grant a request for a Variance, the Planning Commission must make a series of findings Generally, these findings focus on unique or speaal circumstances applicable to a speafic property Following are facts to support the necessary findings Finding 1 That strict or literal interpretation and enforcement of the speafied regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the obtechve of this Code FacUs Literal enforcement of the wall height limit would cause a physical hardship and practical difficulty of exposing residents to excessive noise levels Finding 2 That there are exceptional or extraordinary arcumstances or conditions applicable to the property involved or the intended use of the property that do not apply generally to other properties in the same zone FacUs The subtect property is in close proximity to the interchange of the I-210 and . I-15 Freeways, which have the cumulative effect of amplified sound, thereby creating exceptional circumstances with regard to achieving sound attenuation ~t ~ C. PLANNING COMMISSION STAFF REPORT DRC2003-00049 AND DRC2003-00050 -AMERICAN PACIFIC HOMES May 28, 2003 Page 3 ,. Finding 3 That strict or I~teral interpretation and enforcement of the specified regulation would deprroe the applicant of privileges entoyed by the owners of other properties in the same zone Facts Literal enforcement of the wall height limit would deprive the applicant of development entoyed by other properties in the Low Residential District, by requiring the applicant to significantly alter the proposed design of the subdivision by using alternatroe design and construction methods that are not feasible for the subject property, and have not been required of other properties in the Low Residential District within the Etiwanda Speafic Plan Finding 4 That the granting of the Vanance will not constitute a grant of speaal pnwlege inconsistent with the limitations on other properties classified in the same zone FacUs• The granting of the Vanance will not constitute a special pnwlege because there are unique site conditions (i e , location adjoining freeway), and the granting of the Vanance will not constitute a speaal privilege inconsistent with the limitations on other properties in the same zone in that Variances for wall heights for sound attenuation purposes have been granted for other subdivisions that abut the I-210 Freeway near the I-15 Freeway interchange Finding 5 That the granting of the Variance will not be detrimental to the public health, safety, or welfare or materially in~unous to the properties or improvements in the vianity ' Facts The granting of the Vanance will not be detrimental to the public health, safety, or welfare, but wdl provide the necessary sound attenuation regwred for the subdivision to adequately meet the required interior and exterior noise level standards for properties in the Low Residential District C Neighborhood Meeting The first neighborhood meeting was held on July 15, 2002, regarding the subdiwsion map Several people were there to express concerns regarding the Ryland tract, west of the protect site The issues raised at that meeting were engineering related, and have since been resolved There was another neighborhood meeting regarding the house product with no protest from the neighborhood D Desion Review Committee The Design Revew Committee (McNiel, Stewart, Coleman) reviewed the protect on April 15, 2003, and recommended approval of the protect, (Exhibit "F") E Gradino Review Committee The Grading Committee reviewed the protect on April 15, 2003 The Committee recommended approval of the protect subtect to conditions contained in the attached Resolution of Approval F Technical Review Committee The Technia~l Review Committee reviewed the protect on April 16, 2003 The Committee recommended approval of the protect subtect to conditions contained in the attached Resolution of Approval P<,C. 3 PLANNING COMMISSION STAFF REPORT DRC2003-00049 AND,DRC2003-00050 -AMERICAN PACIFIC HOMES May 28, 2003 Page 4 G Environmental Assessment On January 8, 2003, the Planning Commission adopted a Negative Declaration for the subtect site The Initial Study that was prepared, addressed temporary impacts to 'air quality, biological resources, and water The developer was regwred to submit a Noise Impact Analysis (which was reviewed by an independent third party, Dr. Marland Hale) Mitigation measures were proposed as Conditions of Approval, which lessen the impacts to less than significant This Development Review of bwiding elevations and detailed Site Plan does not raise any new issues; hence, no further environmental review is necessary '' CORRESPONDENCE: This item was advertised as a public hearing m the Inland Vallev Dady Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radius of the protect site. RECOMMENDATION: Staff recommends that the Planning Commission approve DRC2003-00049 and Vanance DRC2003-0050 through the adoption of the attached Resolutions of Approval with Corditions Respectfully submitted,' ~ ''~ Brad Buller City Planner BB DF mlg ,~ III Attachments Exhibit "A" - Site Utilization Map Exhibit "B" '- Detailed Site Plan Exhibit "C" - Conceptual Grading Plan Exhibit "D" - Conceptual Lan)Jscape Plan Exhibit "E" - Proposed Elevation and Floor Plans Exhibit "F" - Design Review~Committee Agenda and Action Comments dated Apnl 15, 2003 Draft Resolution of Approval for Development Review DRC2003-00049 Draft Resolution of Approval for Vanance DRC2003-00050 A ,C, ~ 46 ZZt9-BBe leoe) XYd 1 oooe-Dee leoe) axoxa -~~-A~ ceete v~ amawox '"'®"'"'°` dV it ott-e suns •u aaaan ova eser C zoce~ /o„'N~iyopvai anuviN~ /y1NOI1VZ7111`j1(y,1 311S ~ 4 y~~ n:,. ~ HdV= .~ e. 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PLAN 5 SECOND FLOOR SUMMERWOOD RANCHO CUCAMONGA, CA AMERICAN PACIFIC HOMES K TTER & A55 ATES ARENR[C1YR[ t R4NMIN4 %10ML RNV Jli11T1 20016'! 1113 02 `~ / v DESIGN REVIEW COMMENTS 7:00 p.m. Doug Fenn Apnl 15, 2003 DEVELOPMENT REVIEW DRC2003-00049 -AMERICAN PACIFIC HOMES - A design review and building elevations and detailed site plan for 23 single-family lots on 11 acres of land in the Low Residential District (2-4 dwelling units per acre) of the Etiwanda Specific Plan, located east of Mulberry Street and generally south of I-210 Freeway and the I-15 interchange - APN: 0228-011-20, 24, 25 and 34. Related Files: Vanance DRC2003-00050, and Subtt16302. Staff Comments: The following comments are intended to provide an outline for Committee discussion: The project is an infill prolect within the North Etiwanda area Hof Rancho Cucamonga. The proposed product is in compliance with pertinent Development Code Regulations and is the exact same product that has been recently approved for Tract SUBTR16302 at the southeast comer of Victona Street and East Avenue. Staff and the Engineenng Department have worked closely with the applicant; therefore, there are no issues that need to be discussed before the Design Review Committee. Staff Recommendation: Staff,recommends thatthe Committee approve the prolect as proposed. i Design Review Committee Action: ' p ii Members Present: Lany McNiel, Dan Coleman Staff Planner: ~ Doug Fenn The Committee approved the prolect as submitted. ~, ~~ 1~ J` RESOLUTION NO 03-77 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DRC2003-00049, A DESIGN REVIEW AND BUILDING ELEVATION AND DETAILED SITE PLAN FOR 23SINGLE-FAMILY LOTS ON 11 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED ON THE EAST SIDE OF MULBERRY STREET, GENERALLY SOUTH OFTHE I-210 AND I-15 FREEWAYS INTERCHANGE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0228-011-20, 24, 25, AND 34 A Recitals 1 Amencan Pacific Homes filed' an application for the approval of Development Review DRC2003-00049, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subtect Development Revew request rs referred to as "the application " 2 On the 28th day of May 2003, the Planning Commission of the Crty of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequisites pnor to the adoption of this Resolution have occurred >i B Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct , 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on May 28, 2003, including wntten and oral staff reports, together v~nth public testimony, this Commission hereby speafically finds as follows a The property to the north of the subtect site is vacant land, single-family residences, and the I-210 Freeway, the property to the south is the San Bernardino County Flood Control Victona Basin, to the east is the Etiwanda Creek/San Sewane Flood Control Channel, and to the west are single-family residences, and b The proposed use, together with the conditions applicable thereto, vnll not be detnmental to the public health, safety, or welfare or matenally intunous to properties or improvements in the wGmty, and c The applicant conducted a neighborhood meeting to inform surrounding neighborhood residents of the proposed protect and to obtain their feedback, and d The project design is consistent with the Etiwanda Specific Plan, and the following goals and polices i The proposed residential uses are compatible to adiacent single-family uses as opposed to more intense multi-family usesn. PLANNING COMMISSION RESOLUTION NO 03-77 DRC2003-00049 -AMERICAN PACIFIC HOMES May 28, 2003 Page 2 , u The proposed use is in close proximity to a transportation network that is consistent with community goals The project would infill single-family residences next to the interchange of the I-210 and 1-15 Freeways 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and conGudes as follows a That the Development Review is consistent with the General Plan, and the Etiwanda Speafic Plan, and b The design or improvements of the tentative tract is consistent with the General Plan, and the Etiwanda Specific Plan, and The site is physically swtable for the type of development proposed; and d The design of the project is not likely to cause substantial environmental damage and avoidable in/ury to humans and vnldlife or their habitat, and e The Development Review is not likely to cause senous public health problems, and f The'design of the Development Review will not conflict wdh any easement acquired by the public at large, now of record, for access through or use of the property vnthin the proposed subdivision 4 ' Based upon the facts and information contained in the proposed project, togetherwith all wntten and oral reports included for the environmental assessment for the approval of Tentative Tract Map SUBTT16302, the protect is m substantial conformance with the approved Tentative Trail Map Therefore, no' adddional environmental assessment was conducted wdh the Design/Development Review The Planning Commission approved the Tentative Tract Map 16302 on January 8, 2003, which included an Environmental Assessment, Mitigated Negative Declaration, and Mdigation Monitonng Plan This application is substantially consistent month the approved Tentative Tract Map, therefore, no further en ~ ronmental review was deemed necessary 5 Based upon the findings and conclusions set forth m paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application sub/ect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Dmsion 1) All Planning conditions and Standard Conditions set forth by Planning Commission Resolution No 03-10 for Tentative Tract Map SUBTT16302 shall apply 2) The developer shall require that all contractors and subcontractors are to use Fisher Dnve to access the subtect site and not use Smokestone Street 3) Approval of Development Review DRC2003-00049 is granted subbed to the approval of a Vanance for all bloc~kJ~wla~lls that exceed 8 feet in ~~ // PLANNING COMMISSION RESOLUTION NO 03-77 DRC2003-00049- AMERICAN PACIFIC HOMES May 28, 2003 Page 3 height The Vanance shall be obtained, pnor to issuance of bwldrng permds Enameennp Diwsion ~~ 1) All Engineenng Diwsion conditions and Standard Conditions set forth by Plamm~g Commission Resolution No 03-10 for Tentative Tract Map SUBTT16302 shall apply 6 The Secretary,to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2003 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Larry McNiel, Chairman ~ ~' ; ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Plamm~g Commission of the Gty of Rancho Cucamonga, do hereby certify that the foregang resolution was duly and regularly introduced, passed, and adopted by the Plamm~g Commission o the City of Rancho Cucamonga, at a regular meeting of the Plamm~g Commission held on the 28th day of May 2003, by the folloHnng vote-to-wrt AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS t~ ~_\ COMMUNITY DEVELOPMENT ~ DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2003-00049 SUBJECT: ~ DEVELOPMENT REVIEW FOR 23 SINGLE-FAMILY HOMES/WALL HEIGHT APPLICANT: AMERICAN PACIFIC HOMES LOCATION: EAST OF MULBERRY STREET AND GENERALLY SOUTH OF I-210 FREEWAY ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relinquish such approval The applicant shall reimburse the City, its agents; officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be regwred by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense m the defense of any such action but such participation shall not relieve applicant of his obligations under this condition Approval of Development Review DRC2003-00049 is granted subject to the approval of Variance DRC2003-00050 Copies of the signed Planning Commission Resolution of Approval No 03-, Standard Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the construction/grading activities and are not regwred to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits Conditional Use Permit, Variance, or DevelopmenUDesign Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development . 1 The site shall be developed and maintained in accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, and the Etiwanda Spnpecific Pla2n SC-03-03 1 f"~ ,~ ~.7~ Completion Date ~-/- / / -/-/- -/-/- ~_/ Protect No DRC2003-00049 & 00050 Comoletion Date 2 Prior to any use of the protect site or business activity being commenced thereon, all _/_/_ Conditions of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time ae all Unrform Budding Code _/_/_ and State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection District and the Budding and Safety Division to show compliance The buildings shall be inspected for compliance prior to occupancy ~ 4 Revised sile plans and budding elevations incorporating all Condtions of Approval shall be _./_/_ submitted for City Planner review and approval prior to the issuance of bwlding permits 5 All sile, grading, landscape, irrigation, and street improvement plans shall be coordinated for _/_/_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, bulding, etc) or prior to final map approval in the case of. a custom lot subdivision, or approved use has commenced, whichever comes, first 6 Approval of this request shall not waive compliance with all sections of the Development ~_/_ Code, all other applicable Cdy Ordinances, and applicable Community or Specific Plans m effect at the time of building permit issuance 7 If no central¢ed trash receptacles are provided, all trash pick-up shall be for individual urnts _/_/_ with all receptacles shielded from public view i 8 All ground-mounted utility appurtenances such as transformers, AC condensers, etc ,shall _/~_ be located out of pubhq,view and adequately screened through the use of a combination of concrete or masonry walls„ berming, and/or landscaping to the ,satisfaction of the City Planner For single-family 'residenfial developments, transformers shall be placed m underground vaults, ' ~ ' ~ 9 Street names shall be submitted for City Planner review and approval in accordance with the _/_/ adopted Street Naming Policy prior to approval of the final map 10 All budding numbers and individual units shall be identified in a clear and concise manner, _/_/_ including proper dluminatan 11 The Covenants, Cond~pons, and Restrictions (CC&Rs) and Articles of Incorpora4on of the _J~_ , Homeowners' Association are subtect to,the approval of the Planning and Engineering Dmsions and the City Attorney They shall be recorded concurrently with the Final Map or prior to the issuance of budding permits, whichever occurs first A recorded copy shall be provided to the City Engineer The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said informafion changes 12 All parkways, open areas, and landscaping shall be permanently maintained by the property _/_/_ owner, homeowners' assoaation, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits 13 The developer shall submit a construction access plan and schedule for the development of _/_/_ all lots for City Planner and City Engineer approval, including, but not limited to, public notice regwrements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing 14 Six-foot decoratroe block walls shall be constructed along the protect perimeter If a double _/_/_ wall condition would result, the developer shall make a good faith effort to work with the adtoining property owners to provide a single wall Developer shall notify, by mail, all contiguous property owner at least 30 days prior to the removal of any existing walls/ fences . along the protect's perimeter SC-03-03 2 ~ t ~ ~ r Protect No DRC2003-00049 &00050 Completion Date 15 For single family residential development, a 2-inch galvanized pipe shall be attached to each support post for all wood fences, with a minimum of two ~/z-inch lag bolts,~to withstand high winds Both post and pipe shall be mstalied m an 18-inch deep concrete footing Pipe shall i extend at least 4 feet, 6 inches above grade , 16 Wood fencing shall be treated with stain, paint, or water sealant 17 Slope fencing along side property lines may be wrought iron or black plastic coated chain link to maintain an open feeling and enhance views 18 On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk 19 For residential development, return walls and corner side walls shall be decorative masonry 20 Where rock cobble is used, it shall be real river rock Other stone veneers may be manufactured products. ~ D; Building Design All roof appurtenances, including air conditioners and other roof mounted equipment and/or protections, shall be shielded from wew and the sound buffered from adfacent properties and streets as regwred by the Planning Division Such screening shall be architecturally integrated with the bwlding design and constructed to the satisfaction of the City Planner Details shall be included in bwlding plans E. Parking and Vehicular Access (indicate details on building plans) 1 Multiple car garage driveways shall be tapered down to a standard two-car width at street • F. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval m the case of a custom lot subdivision 2 All private slopes of 5 feet or more in vertical height and of 5 1 or greater slope, but less than 2 1 slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion control Slope planting regwred by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy 3 All private slopes in excess of 5 feet, but less than 8 feet m vertical height and of 2 1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows one 15-gallon or larger size tree per each 150 sq ft of slope area, 1-gallon or larger size shrub per each 100 sq ft of slope area, and appropriate ground cover In addition, slope banks in excess of 8 feet in vertical height and 2 1 or greater slope shall also include one 5-gallon or larger size tree per each 250 sq tt of slope area Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane Slope planting regwred by this section shall include a permanent irrigation system to be mstalied by the developer prior to occupancy 4 For single-family residential development, all slope planting and irrigation shall be continuously maintained m a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer Prior to releasing occupancy for those units, an inspection shall be conducted by the Planning Division to determine that they are in . satisfactory condition A t C ~~ SC-03-03 3 -/ ~-/. ~_/. ~-/. ~-/ -/~ ~~_ ~-/- -/~_ -/-/- / / / / Project No DRC2003-00049 & 00050 Comolehon Date G. 5 Front yard and corner side yard landscaping and irrigation shall be required per the ___/~_ Development Code and/or Etiwanda Specific Plan This regwrement shall be in addition to the required street trees and slope planting , 6 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be ~_/_ included in the requred landscape plans and shall be subject to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be requred by the Engineering Division 7 Landscaping grid irrigation systems requiredi to be installed within the public right-of-way on _/_/_ the perimeter of this project area shall be continuously maintained by the developer. 8 All walls shall be provided with decoratroe treatment If located in public maintenance areas, _/~_ the design shall be coordinated with the Engineering Division , 9 Landscaping and irrigation shall be designed to conserve water through the principles of ~~_ Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipal Code Environmental 1- The developer shall provde each prospective buyer written notice of the Fourth Street Rock _/~_ Crusher project in a standard format as deterrined by the City Planner, prior to accepting a cash deposit on any property i 2 The developer shall provide each prospectve buyer written notice of the City Adopted _/_/_ Special Studies Zone ,for the Red Hill Fault, in a standard format as determined by the City Planner, prior to accepting a~cash deposit on any property ~ 3 The developer shall'prowde each prospective buyer written noUCe of the Foothill Freeway _/_/ project m a standards fo~mat,as determined by the Cily Planner, prior to accepting a cash ~ deposit on any property 4 A final acoustical report~sh'all be submitted for City Planner revew and approval prior to the _/~_ issuance of building permits The final report shall discuss the level of interior noise attenuation to below 45 CNEL, the building materials and construction techniques provided, and rf appropriate, verrfy the adequacy of the mtigation measures The building plans will be " checked for conformahce with the mitigation measures contained in the final report 5 The applicant shall submit certification from an acoustical engineer that all recommendations ~_/_ of the acoustical report were implemented in construction, including measurements of interior and exterior noise levels to document compliance with City standards Certification shall be submitted to the Building & Safety Division prior to final occupancy release of the affected homes I 6 Mitigation measures are required for the project The applicant is responsible for the cost of _/~_ implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719 00 prior to the issuance of bwlding permits, guaranteeing satisfactory pertormance and completion of all mitigation measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete ail actions regwred by the approved envvonmental documents shall be considered grounds for forfeit 7 In those instances requiring long term monitoring (i e) beyond final certificate of occupancy), _/~_ the applicant shall provide a written monitoring and reporting program to the City Planner prior to issuance of bwiding permits Said program shall identify the reporter as an individual qualified to know whether the particular mitigation measure has been implemented • SC-03-03 /"~ ~ ~ J~ 4 Protect No H. Other Agencies 1 The applicant shall contact the U S Postal Service to determuie the appropriate type and location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of bwlding permits ' n APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: I. Security Hardware 1 A secondary locking dewce shall be installed on all sliding glass doors 2 One-inch single cylinder dead bolts shall,be installed on all entrance doors If windows are within 40 inches of any locking dewce, tempered glass or a double cylinder dead bolt shall be used 3 All garage or rolling doors shall have slide bolts or some type of secondary locking devices J. Windows ~' 1 Ali sliding glass windows shall have secondary locking devices and should not be able to be lifted from frame or track m any manner. '~' K. Building Numbering ~ ' 1. Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighmme visibility APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (,909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED SC-03-03 ~~~ 5 Completion Date -~-~- ~-~. -~-~- ~~_ _/__J- -~-~- t, ..v. , ~ r ,y.r ~ FIRE PROTECTION DISTRICT ~ i FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: FD-02-0755-A PROJECT #: SUBTT16302 PROJECT NAME: Summerwood , DATE: October 16, 2002 PLAN TYPE: APPLICANT NAME: OCCUPANCY CLASS: FLOOR AREA (S): TYPE CONSTRUCTION. FIRE PROTECTION SYSTEM REOUIRED• LOCATION: FD REVIEW BY: PLANNER: Automatic fire sprinklers regwred for lots 4 through 23 Steve Locate Fire Protection Planning Specialist Doug Fenn ALL OF THE FOLLOWING TECHNICAL REVIEW COMMENTS APPLY TO YOUR PROJECT. THOSE PORTIONS OF THE PLANS COVERED BY COMMENTS IN SECTIONS "A" THROUGH "E"ARE CONSIDERED INCOMPLETE AS NOTED. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, EXT. 3009, TO VERIFY COMPLIANCE WITH THE FOLLOWING: ' Completion Date PLEASE CONSIDER THIS PROJECT INCOMPLETE UNTIL ITEMS IN SECTIONS "A" THROUGH "E" ARE CORRECTED OR ADDRESSED A. Outstanding Fire Distract Issues Affecting Approval of Protect- Incompleteness Comments 1 There are no outstanding Fire District "incompleteness" items for this protect. Any conditions, comments, or corrections are technical in nature and shall be addressed prior to issuance of required permits or a certificate of occupancy as indicated. B. Fire Distract Fees 1. No Fees Due. All fees due at this time have been paid. C. Community Faahties Distracts Annexation 1. There are no Fire District annexation issues for this project. Completed \C ~O ~~ ~~ D. Available Water Supply 1 There are no Fire District water supply or fire flow issues for this protect based on one of the following. a The regwred verification of available water supply has been received The Rancho Cucamonga Fire Protection District WaterAvailability for Fire Protection Form has been completed by the Water District and submitted to the Fire Safety Division, or b The ro ect does not re uve roof of available water su I or additional fire flow E. Fire Access Issues 1 There are no outstanding "incompleteness" items related to FD access for this protect For outstanding technical issues see Section "GR-4° below GENERAL REQUIREMENTS -Informational, Procedural, Technical, or Operational and Must be Included; Corrected or Completed As Noted GR-1 General Regwrements for Public and Private Water Supply 1 General Guidance for Fire Hydrants The following provides general guidance for the spacing and location of fire hydrants Remember these are the maximum permitted distances between fire hydrants a The maximum distance between fire hydrants in single-family residential protects is 500-feet No portion of the exterior wall facing the addressed street shall be more than 250-feet from an approved fire hydrant For cul-de-sacs the distance shall not exceed 200 ft ' b Fve hydrants are to be located as follows 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks 2 At intersections 3 On the right side of the street, whenever practical and possible 4 Shall not be located m the "bulb" of a cul-de-sac 5 As regwred by the Fire Safety Division to meet operational needs 6 The location of fire hydrants is based upon the operational needs of the Fire District to control a fire 7 Fire hydrants shall be located a minimum of forty (40) feet from any building Contact the Fire Safe Division 909 477-2770 2 Single-family Dwellmgs• The minimum fire flow for one and two-family dwellings with a fire area (floor area measured in square feet) of 3600 square feet or less shall be 1000 gallons per minute The fire flow for dwellings having a fire area in excess of 3600 square feet shall be determined in accordance with Fire Code Appendix, Table A-III-A-1 Total Floor Area Required Fire Flow@ 20 ~ s i residual a 3601- 4800 sq ft 1750 gpm b 4801- 6200 sq ft 2000 gpm c 6201- 7700 sq ft 2250 gpm d 7701-9400 sq ft 2500 gpm Contact the Fve Safe Division 909 477-2770 /"C ~~ \\ 3 Hydrants Used to Supply Fire Flow. Public fire hydrants located within a 500-foot radws of the proposed protect may be used to provide the required fire flow subtect to Fire District review and approval Private fire hydrants on adtacent property shall not be used to provide regwred fire flow Contact the Fue Safety Derision (909) 477-2770 4 Show Existing Fire Hydrants and Mains: Existing fire hydrants and mains within 600- feet of the protect shall be shown on the water plan submitted for revew and approval Include main size GR-3 Automatic Fire Spn'nkler Systems-Technical Comments 1 Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requires an approved automatic fire sprinkler system to be installed in any,of the following a All structures that do not meet Fire District accessirequuements (See Fire Access Below) , Contact the Fue Safety Division (909) 477-2770 ' ~~ 2 Access Mitigation: Any structure or building that'does not meet minimum Fue District access requirements shall be protected by an approved automatic fire sprinkler system ~ ' See Fire Access below for deficiency requiring mitigation, Contact the Fue Safety Diws~on ~ 909 477-2770 GR-4 Fire District Site Access- Technical Comments 1 Mdigate or Correct Access Problems: Amend the proposed site access to , accommodate Fue District emergency vehicle access or provde Fue District approved mitigation Any proposed mitigation measures are subtect to the approval of the Fue District and other agencies hawng tunsdiction Contact the Fue Safety Diwsion (909) 477-2770 GR-12 Plan Submittal Required~Notice , Required plans shall be submitted and approved prior to construction in accordance with 1997/98 Bwlding, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD32, Gwdelines and Standards i NOTE In adddion to the fees due at this time please note that separate plan check fees for tenant improvements, fve protection systems and/or any consultant reviews will be assessed at time of submittal of plans GR-14 Alternate Materials and Methods The Fue Safety Dvision will review requests for alternate materials and methods within the scope of cur authority The request must be submitted on the Fue District "Application for Alternate Method" form along with supporting documents Contact the Fue Safety Division at (909) 477-2770 for assistance PRIOR TO ISSUANCE OF GRADING PERMIT- For Each Development Phase 1 Model Homes -Required Plans Prior to issuance of any grading permit please identify the lots selected for construction of residential sales models on a scaled site plan Include the location of required fire hydrants and fire district access roadways The site plan shall be submitted to the Fue Safety Division for approval Contact the Fue Safety Division (909) 477-2770 `~ • PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Public Fire Hydrants. Prior to issuance of any bwlding permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600- , foot radius of the protect Contact the Fire Safety Division (909) 477-2770 2 Public Installation: All requred public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible bwlding materials on-site (i a ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The bwlder/developer shall submit a copy of the Water District inspection report to the Fire Safety Droision Contact Water District to schedule testing 3 Combustible Construction Letter- Required Letter: Prior to the issuance of a bwlding permd for combustible construction, the budder shall submit a letter to the Fire District on company letterhead stating that the minimum water supply for fire fighting purposes and the all-weather fire protection access roadway that meets Fire District Standards shall be in place and operational before any combustible material is placed on-site The roadway shall be maintained at all times I' PRIOR TO OCCUPANCY OR FINAL INSPECTION, Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker i indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection Distract and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On ~ prroate property these markers are to be maintained in good condition by the property ~ owner Contact Budding,and Safety/Fire Construction Services (909) 477-2713 ~ 2 Fire Sprinkler System- Plans and. Permit Plans for the required automatic fire 'I sprinkler system shall be submitted to Fire Construction Services for revew and approval No work is allowed wdhout a Fire Construction Services permd Contact Budding and Safety/Fire Construction Services (909) 477-2713 ~ 3 Fire Sprinkler System- Final Inspection: Prior to~the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services Contact Budding and Safety/Fire Construction Services (909) „ 477-2713 '' ~~ 4 Construction Access• Fire District access, a minimum 26-feet in width and 14-feet, 6- inches minimum clear height shall be provided These minimum clearances shall be maintained free and clear of any obstructions at all times, in accordance with Fve District Standards Contact the Fire Safety Division'(909) 477-2770 5 Address Single-family New single-family' dwellings shall post the address with minimum 4-inch numbers on a contrasting background The numbers shall be internally or externally illuminated during periods of darkness The numbers shall be visible from the street When bwlding setback from the public roadway exceeds 100 feet, additional 4-inch numbers shall be displayed at the property entry Fue District Standard Conditions -Template SL 9/24/02 Revision /~tC`~3 RESOLUTION NO 03-78 , A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING VARIANCE DRC2003-00050, A REQUEST TO INCREASE THE MAXIMUM WALL HEIGHT FROM 6, FEET UP TO A MAXIMUM OF 15 FEET ON 11 ACRES OF LAND IN THE LOW RESIDENTIAL DISTRICT (2-4 DWELLING UNITS PER ACRE) OF THE ETIWANDA SPECIFIC PLAN, LOCATED EAST OF MULBERRY STREET, GENERALLY SOUTH OF THE I-210 AND I-15 FREEWAYS INTERCHANGE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN 0228-011-20, 24, 25, AND 34 A Recitals 1 Amencan Panfic Homes, filed an application for the issuance of Vanann: I DCR2003-00050, as descnbed in the title of this Resolution Hereinafter in this Resolution, the subject Vanance request rs referred to as "the application " 2 On May 28, 2003, the~Planning Commrssron of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal prerequi'srtes pnor to the adoption of this Resolutwn have occurred B Resolution. NOW, THEREFORE, rt rs hereby found, determined, and resolved by the Planning Commrssron of the Crty of Rancho Cucamonga as follows 1 Thrs Commrssron hereby specifically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct ,• 2 Based upon the substantial evidence presented to this Commrssron during the above- referenced public heanng on May 28, 2003, including wntten and oral staff reports, together with public testimony, this Commrssron hereby spenfically finds as follows a The application applies to property located east of Mulberry Street and generally south of I-210 Freeway and the I-15 interchange, and b The property to the north of the subject site is vacant single-family residennes and the I-210 Freeway, the property to the south is the San Bemardrno County Victona Basin, to the east is the Etrwanda Creek/San Sevaine Flood Control Channel and vacant land, and the property to west is single-family residences (Ryland Tract TT15798), and c The application is necessitated by Development Review DRC2003-00049, a review of 23 single-family residences, and d The Vanance request rs to increase the mawmum allowable wall height from 8 feet to 15 feet, and e Literal enforcement of the wall height limit would cause a physical hardship and practical difficulty for development of the property because of exposing residents to excessive noise levels, and ~ ~C ~~ PLANNING COMMISSION RESOLUTION NO 03-78 VARIANCE DRC2003-00050-AMERICAN PACIFIC HOMES May 28, 2003 Page 2 f There are exceptional circumstances, in that the property is in Gose~prowmity to the I-210 and I-15 Freeways interchange, which has the cumulative effect of amplified sound, thereby creating exceptional circumstances with regard to achieving sound attenuation, and g Literal enforcement of the wall height limit would depnve the applicant of development enioyed by other properties in the Low Residential Distnct, by requinng the applicantto significently alter the proposed design of the subdivision by using alternative design and constn~ction methods that are not feasible forthe subject property and have not been required of otherproperties in the Low Residential Distnct within the Etiwanda Specific Plan i h The granting of the Vanance wdl not constdute a specal pnwlege because there are unique site conditions (i a ,location adtoining freeway), and the granting of the Vanance will not constitute a special pnvilege inconsistent with the limitations on other properties in the same zone in that Vanances for wall heights for sound attenuation purposes have been granted for other subdivisions that abut the I-210 and 1-15 Freeways, and i The granting of the Vanance will not be detnmental to the public health, safety or welfare, but conversely, will provide the necessary sound attenuation regwred for the subdivision to adequately meet the required intenor and extenor noise level standards for properties in the Low Residential Distnct ' 3. Based upon the substantial evidence presented to this Commission dunng the above-~ referenced public heanng and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows a That stnct or literal interpretation and enforcement of the specified regulations would result in practical difficulty or unnecessary physical hardship inconsistentwith the objectives of the Development Code, and b That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same distnct, and c That stnct or literal interpretation and enforcement of the specified regulatioh would depnve the applicant of pnvileges enjoyed by the owners of other properties in the same distract, and d That the granting of the Vanance will not constitute a grant of special pnvilege inconsistent with the limitations on other properties classified in the same distract, and e That the granting of the Vanance will not be detnmental to the public health, safety, or welfare or matenally in~unous to properties or improvements in the vicinity 4 Based upon the facts and information contained in the proposed protect, togetherwith all wntten and oral reports included for the environmental assessment for the approval of Tentative Tract Map SUBTT16302, the protect is in substantial conformance with the approved Tentative Tract Map Therefore, no additional environmental assessment was conducted with the Design/Development Review The Planning Commission approved the Tentative Tract Map 16302 on January 8, 2003, which included an Environmental Assessment, Mitigated Negative Declaration, and Mitigation Monitonng Plan This application is substantially consistent with the approved Tentative Tract Map, therefore, no further environmental review was deemed necessary f~ ,~ ~S PLANNING COMMISSION RESOLUTION NO 03-78 VARIANCE DRC2003-00050 -AMERICAN PACIFIC HOMES May 28, 2003 Page 3 i~ 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every condition set forth below and in the Standard Condition, attached hereto and incorporated herein by this reference Plamm~g Division 1) Variance approval shall expire if bwlding permits are not issued wdhin 5 years from the date of approval ' 2) All perimeter walls, and all walls exposed to public view shall be decorative Perimeter walls shall be decorative in nature 3) All applicable Conditions of Approval per Resolution No 03-77 approving Development Review DRC2003-00049 shall apply 4) The perimeter wall shall be constructed in accordance with height and location recommendations made in the acoustical report 6. The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2003 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Lary McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Acting Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Plannng Commission held on the 8th day of January 2003, by the following vote-to-wit AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS •~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2003-00050 ' , SUBJECT: APPLICANT: AMERICAN PACIFIC HOMES ~ LOCATION: EAST OF MULBERRY STREET AND GENERALLY SOUTH OF THE 1-210 FREEWAY ALL OF THE FOLLOWING~CONDITIONS APPLY TO YOUR PROJECT. ~,,~ ~,, APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: +~ A. General Requirements The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relingwsh such approval The applicant shall reimburse the City, its agents, officers, or employees, for' any Court costs and attorney's fees which the City, its agents, officers, or employees imay be regwred by a court to pay as a result of such action The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition SC-03-03 ~,1~~",T 1 Completion Date ~-~- T H E C I T Y O F RANCflO CUCAMONGA Staff Report DATE May 28, 2003 TO• Chairman and Members of the Planning Commission FRONt Linda D Darnels, Redevelopment Director BY Jan Reynolds, Redevelopment Analyst SUBJECT SECOND AMENDMENT TO DEVELOPMENT AGREEMENT DA01-02 (CO 02-012) - VICTORIA GARDENS-C, LLC - A request to amend the Development Agreement for the Victoria Gardens Regional Center to provide assurance that major department store parcels, up to a total of 10 5~ combined acres, will not experience increased Mello Roos taxes associated with Community Facilities District 2003-01, without the unanimous support of the affected property • owners APN 0227-161-48 and 49, 0227-171-36, 0227-201-35 and 45 thru 48, and 0227-211-30 and 39 thru 43 BACKGROUND/ANALYSIS A Community Facilities District is a financing mechanism used by landowners, within the District boundaries to fund public improvements The City acts as the conduit for selling bonds to finance the Improvements, with debt service supplied through special taxes levied on the parcels within the Distnct The City's standard policy for Mello-Roos Distncts indicates all property within a District Is subject to the special tax assessed to support the bonds The exception is the exclusion of publicly owned property, property to be dedicated to public entities, property held by home owner's association, or designated open space In November 2002, during the early formation of CFD 2003-01, the City Council considered and approved a request by the regional shopping center developer to provide an exception to the City's policy for Mello-Roos Community Facilities Distncts as it pertains exclusively to Community Faculties District 2003-01 The Council determined that development of the regional shopping center site creates a unique situation and approved an exemption of approximately 10 57 acres of privately owned land to be sold to mator retail tenants from CFD 2003-01 special taxes The District has been structured in Zones so that the balance of the commercially zoned property within the regional center acreage will support the cost of improvements associated with the excluded area The tax well not be assessed to any residential or commercial property in the remaining zones within the proposed Distnct ITEM B PLANNING COMMISSION STAFF REPORT SECOND AMENDMENT TO DA01-02 (CO 02-012) May 28, 2003 Page 2 At the time the City Council approved the policy exception, the exact parcel boundaries for the major retail parcels had not been determined so the parcels could not be excluded from the Distract boundaries To accommodate the schedule for formation of the Community Facilities Distract, the general parcels were defined and the maximum speaal tax established at $0 Subsequently, the City Council has taken steps to form CFD 2003-01 and issue bonds Over the past several months, the developer has been finalizing negotiations with the mayor anchor tenants to obtain signed commitments and define exact parcel boundaries During these negotiations, the mator anchor tenants have indicated an unwillingness to accept this lien on the parcels without assurance from the City that the speaal tax for the Distract will not be increased without approval of the property owners This is a common practice for major retail tenants as a condition to closing ~~ The proposed amendment to the Development Agreement between the City and Victoria Gardens-C, LLC, provides language to memorialize the City Counal's intention to exclude the mator retail tenants from CFD 2003-01 special taxes, and agrees that the $0 special tax will not be increased without approval by the affected property owners All other conditions of the Development Agreement remain as previously approved by the Planning Commission and City Council ~~ " ~~' CORRESPONDENCE ~' This dem was advertised as a public hearing in the Inland Valley Daily ~ Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radius of the project site RECOMMENDATION Following public comment, Staff recommends the Planning Commission consider the Second Amendment to Development Agreement CO 02-012 and forvvard a recommendation to the City Council Re pecttully submitted 5~ OO 'C Li a D Darnels ' Redevelopment Director Attachments Draft Resolution Recommending Approval of Second Amendment to Development Agreement DA01-02 C $a • RESOLUTION NO 03-76 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO CUCAMONGATO AMEND THE EXISTING DEVELOPMENT AGREEMENT NO 01-02, TO PROVIDE ASSURANCE THAT MAJOR DEPARTMENT STORE PARCELS WITHIN THE VICTORIA GARDENS REGIONAL CENTER WILL NOT EXPERIENCE INCREASED MELLO RODS TAXES ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT 2003-01 A ReGtals 1 Vicona Gardens-C, L L C. requested an amendment to Development Agreement No 01-02, as described in the title of this Resolution Hereinafter in this Resolution, the subtec Development Agreement Amendment is referred to as "the application " 2 On May 28, 2003, the Planning Commission of the City of Rancho Cucamonga conduced a duly noticed public t~eanng on the application and conGuded said hearing on that date 3 On February 20, 2002, the City Council entered into Development Agreement No 01-02 wrath Victoria Gardens-C, L L C for the Victoria Gardens Regional Center and has arttended said Development Agreement once • 4 The subtec property of the Development Agreement Amendment is legally described herein 5 A true and correct copy of the proposed Development Agreement Amendment is attached as Exhibit "A" to the attached Draft Ordinance 6 All legal prerequisites prior to the adoption of this Resolution have occurred B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows. 1 This Commission hereby specifically finds that all of the facts set forth in the ReGtals, Part A, of this Resolution are true and correct 2 This Commission hereby speGfiGally finds that the Development AgreementAmendment conforms to the General Plan of the City of Rancho Cucamonga 3 The City CounGl adopted a Protec Environmental Impact Report (EIR) as environmental Gearance for the various agreements and entitlements assoGated with the Victoria Gardens Regional Center inGuding Development Agreement DA01-02 The subtec Development Agreement Amendment is consistent wrath the scope of work and type of development analyzed by the Pro~ec EIR Furthermore, there have been no changes in the Grcumstances surrounding the protec nor has new information surfaced to indiG3te that the protec would have substantial environmental . impacts beyond those discussed in the EIR Therefore, no subsequent or supplemental EIR is necessary based upon the findings as follows 83 PLANNING COMMISSION RESOLUTION NO 03-76 SECOND AMENDMENT DA 01-02 -VICTORIA GARDENS-C, L L C May 28, 2003 Page 2 i a The amendment is within the scope of that evaluated by the Project Environmental Impact Report for the Victona Gardens Master Plan, Development Agreement, Tentative Parcel Map, and Development Disposition Agreement as certified by the City CounGl on February 20, 2002 (State Cleannghouse No 20010301028), and b There have been no substantial changes made either to the project or the arcumstances surrounding the protect since the Gty CounGl certified the Project Environmental Impact Report on February 20, 2002, and c No new mfomtation of substantial importance~has ansen since the Probed ElRwas certified to indicate that the proled Hell have significant effects not discussed in the EIR or that the mitigation measures imposed are infeasible 4 This Commission hereby recommends approval of the Development Agreement Amendment as presented in the Staff Report and in the attached Ordinance subbed to each and every condition set forth below Planning Division ~ 1) All conditions associated with Development Agreement No DA 01-02 shall be in full force'and affect 5 The Secretary to this Commission shall certify to the adoption of this Resolution • APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2003 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA v' BY Larry T McNiel, Chairman I ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Plamm~g Commission held on the 28th day of May 2003, by the following vote-to-vnt AYES COMMISSIONERS NOES COMMISSIONERS . ABSENT COMMISSIONERS CJ-\ • ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA CALIFORNIA, APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT NO 01-02, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, L L C IN ORDER TO PROVIDE ASSURANCE THAT MAJOR DEPARTMENT STORE PARCELS WITHIN THE VICTORIA GARDENS REGIONAL CENTER WILL NOT EXPERIENCE INCREASED MELLO ROOS TAXES ASSOCIATED WITH COMMUNITY FACILITIES DISTRICT 2003-01 A Rentals 1 California Government Code Section 65864 now provides, in pertinent part, as ~ I follows. "The Legislature finds and declares that a) ~ The lack of~,certainty in the approval of development projects can result m a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage mvestmerit in and commitment to comprehensive planning, which would make maximum efficient u8liiation of resources at the least economic cost to the public b) Assurance to the applicant for a development protect that upon approval of the protect, the applicant may proceed with the protect in accordance with existing policies, rules and regulations, and subtect to conditions of approval, will strengthen the public planning process, encourage private,participation mcomprehensive planning, and reduce the economic costs of development ~~' 2 California Government Code Section 65865 provides, in pertinent part, as follows "Any city may enter into a Development Agreement with any person having a legal or egwtable interest in real property for theldevelopment of such property as provided in this article California Government Code Section 65865 2 provides, in part, as follows "A Development Agreement shall speafy the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes The Development Agreement may include conditions, terms, restrictions, and regwrements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement " 4 Attached to this Ordinance, Exhibit "A" and incorporated herein by this reference is the proposed amendment to Development Agreement 01-02, concerning that property generally bounded by future Church Street to the north, Foothill Boulevard to the south, the I-15 Freeway to the east, and the future Day Creek Boulevard to the west as legally described m the current ~S CITY COUNCIL ORDINANCE DA 01-02, AMENDMENT NO 2 -VICTORIA GARDENS-C, L L C June 4, 2003 Page 2 Development Agreement Hereinafter in this Ordinance and the Development Agreement amendment attached hereto as Exhibit "A" is referred to as the "Amendment " 5 On May 28, 2003, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement amendment and concluded said hearing on that date and recommended approval through adoption of Resolution No 03-76 6 On June 4, 2003, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearng concerning the Development Agreement amendment 7 All legal prerequisites prior to the adoption of this Ordinance have occurred B Ordinance NOW, THEREFORE, the City Counal of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows SECTION 1 This Counal hereby specifically finds that all of the facts set forth in the Rentals, Part A, of this Ordinance are true and correct SECTION 2 On February 20, 2002, this Counal reviewed an Environmental Impact • Report and certified said report as legally suffiaent for the Victoria Gardens Regional Center protect SECTION 3 It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement amendment SECTION 4 This Counal hereby approves the amendment to Development Agreement 01-02, attached hereto as Exhibit "A " SECTION 5 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general arculation published in the City of Ontario, California, and arculated in the City of Rancho Cucamonga, California i -- DRAFT -- SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND VICTORIA GARDENS-C, L.L.C. THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT i ("Second Amendment") is made and entered into as of this _th day of 2003, by and between the CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City"), and VICTORIA GARDENS-C, L L.C., a California limited liability company ("Owner"). For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Owner hereby amend that certain Development Agreement between them dated February 20, 2002, as previously amended by that certain First Amendment to Development Agreement dated 2003 (as amended, the "Amended Development Agreement"), to add a new Section III.B.S reading as follows: "Special Covenant of the City. In order to facilitate the development of the `major' retail stores within the Project, the City hereby covenants and agrees as follows on behalf of itself and on behalf of the Community Facilities District No. 2003- 01 of the City of Rancho Cucamonga (the `CFD'): (1) except with the unanimous written consent of the affected landowners, neither the City nor the CFD will initiate proceedings under Section 53331 of the California Government Code or other similar applicable provision to alter the rate or method of apportionment of the special tax affecting any property designated as Privately Owned Specific Retail Property under that certain Notice of Special 122313 3 ~~ 1 Tax Lien dated as of March 6, 2003 and recorded >.n the Official Records of San Bernardino'County, California on March 6, 2003 as Document No. 2003-0148262, a copy of which is attached hereto as Exhibit `A2'(the `RMA'), and (2) except with the unanimous written consent'of the affected landowners, the CFD will abandon, pursuant to the provisions of Section 53338 of the California Government Code, any proceedings initiated pursuant to the provisions of Sections 53332-53338 of the California Government Code which would result in an alteration of the~rate or method of apportionment of the special tax affecting any property designated as Privately Owned Specific Retail Property under the RMA " I Exhibit "A2" attached to this Second Amendment is hereby added and incorporated into the Amended Development Agreement as Exhibit "A2" thereto. In order to comply with Section 65868.5 of the Government Code, the parties do hereby direct the City Clerk to record a copy of this Second Amendment against the Property hl ~ described in Exhibit "A1" attached to this Second Amendment with the County Recorder of San Bernardino County within ten (10) days after the Effective Date.I Except for the addition of Section III.B.5 and Exhibit "A2" as set forth above, the Amended Development Agreement remains unmodified and In full force and effect. IN WITNESS WHEREOF, Owner and City have executed this Agreement as of the date first hereinabove written. ~2 122313 3 2 ~~ "City" CITY OF RANCHO CUCAMONGA, a municipal corporation By: Mayor ATTEST: City Clerk Approved as to Form: By: City Attorney "Owner" VICTORIA GARDENS-C, L.L.C., a Californ>a~ l>m>.ted Liability company,, a, By: ~I, Its: fig u 122313 3 2 3 ~ E £T£ZZT orjgnd .Cze~oN Zeas jerot;;o put pueu ~Iw SS~NS.IM •~uawnz~sur TITii~TM auk pa~noaxa 'pa~oe (s)uoszad auk uoTuM 30 ;Zeuaq uodn ~C~Z~ua auk zo '(s)uoszad auk ~uawnz~sur auk uo (s)azn~eubts zrau~/zau/sru ~Cq ~eu~ pue '(sar).C~roedeo pazrzou~ne zrau~/zau/sru ur awes aq~ pa~noaxa .Cain/aus/au ~eq~ aw o~ pabpaZMOU~oe pue ~uawnz~sur utu~rM auk o~ pagrzosgns aze/sr (s)aweu asouM (s)uoszad auk aq o~ (aouaprna eCzo~oe;sr~es ;o siseq auk uo aw o~ panozd zo) aw o~ uMOUx Ajleuoszad pazeadde .CjZeuoszad 'a~e~S pue ~C~unoJ pres zo; pue ur orjgnd ~Cze~oN e 'paubtszapun auk 'aw azo;aq '£OOZ uO ( 30 ~SNIIOJ •ss ( FfIN2iO3I'IFIJ 30 SSKSS oitgnd Ize~oN (r) Teas jeror;;o pue pueu ~Cw SS3NZIM •~uawnz~sur LITLj~iM auk pa~noaxa 'pa~oe (s)uoszad auk u~ruM ;o ;Teuaq uodn d~r~ua auk zo '(s)uoszad auk ~uawnz~sur ' auk uo (s)azn~eubis zrau~/zau/siu Iq ~eu~ pue '(sai)~C~roedeo pazizou~ne zrau~/zau/siu ur awes auk pa~noaxa .Caq~/aus/au ' ;aq~ aw o~ pabpaZMOUxoe pue ~uawnz~sur utu~rM auk o~ paq?zosgns aze/sr (s)aweu asouM (s)uoszad auk aq o~ (aouaptna .Czogoe;sr~es ;o srseq auk uo aw o~ panozd zo) aw o~ uMOUx hZjeuoszad pazeadde ~Cjteuoszad 'ale;S pue ~C~unoJ pies zo; pue ur orZgnd ~Cze~oN e 'paubrszapun auk 'aw azo;aq '£OOZ uO ( 30 T.S.NROJ •ss ' ( FZIN2IO3ITdJ 30 3SFI.LS • EXHIBIT "A1" LEGAL DESCRIPTION OF PROPERTY APPROXIMATELY 165 ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, GENERALLY BOUNDED BY DAY CREEK BOULEVARD, FOOTHILL BOULEVARD, I-15 FREEWAY, AND CHURCH STREET [FULL LEGAL DESCRIPTION TO BE PROVIDED PRIOR TO RECORDATION] I i ~~ " i ~' , i • 122313 3 W \\ 1 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT No. 2003-01 IMPROVEMENT AREA NOS. 1 AND 2• February 6, 2003 • g~~ COMMUNITY FACILITIES DISTRICT REPORT MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO.2003-01 February 6, 2003 Prepared for Prepared by CITY OF RANCHO CUCAMONGA DAVID TAUSSIG & ASSOCIATES, INC. 10500 Clv~c Center Dnve 1301 Dove Street, Surte 600 P O Box 807 Newport Beach, California 92660 Rancho Cucamonga, Cahforma 91729 (949) 955-1500 • ~~~ TABLE OF CONTENTS Section Pace I. INTRODUCTION ............................................................................................................... i II. PROJECT DESCRIPTION ................................................................................................... 2 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES .................................. 3 A. Description of Proposed Public Improvements .............................................. 3 p Public Improvements ............. 4 B. Estimated Cost of Pro osed Bond Financed IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES .................................................. 5 A. Projected Bond Sales ......................................................................................... 5 B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness ......................................................................................... 5 I , C. Incidental Expenses to be IDCluded in the Annual Levy of Special Taxes ... 5 V. RATE AND METHOD OF APPORTIONMENT OF THE SPECL4L TAX .................................... 6 A. Explanation for Special Tax Apportionment .................................................. 6 B. Assigned and Maximum Special Tax Rates ..................................................... 7 C. Backup Special Tax ........................................................................................... 8 D. Accuracyof~Information ................................................................................... 8 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT .................................................... 9 VII. GENERAL TERMS AND CONDITIONS ............................................................................... 10 A. Substitution Facilities ........................................................................................ 10 B. Review/Appeals .................................................................................................. 10 C ......................................................... ecial Tax ment of S a P 10 . ...................... p rep y EXHIBITS Exhibit A-1 Rate and Method of Apportiomnent Improvement Area 1 Exhibit A-2 Rate and Method of Apportionment Improvement Area 2 Exhibit B-1 Assigned Special Taxes for Developed Property in Improvement Area 1 Exhibit B-2 Assigned Special Taxes for Developed Property in Improvement Area 2 Exhibit C-1 Maximum Special Taxes for Undeveloped Property m Improvement Area I Exhibit C-2 Maximum Special Taxes for Undeveloped Property m Improvement Area 2 Exhibit D Boundary Maps • `~ • I. INTRODUCTION WHEREAS, the Crty Council of the Crty of Rancho Cucamonga (hereinafter referred to as the "Council") did, pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (hereinafter referred to as the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a wntten "Report" with the legislative body of the proposed community facilities dismct This community facilities d~stnct being City of Rancho Cucamonga Community Facilities Distnct No 2003-O1 shall hereinafter be referred to as: "CFD No 2003-01 ", and, WHEREAS, A Resolution of Intention of the City Council of the City of Rancho Cucamonga to Establish City of Rancho Cucamonga Community Facilities District No ~ 2003-O1 and to Authonze the Levy of a Special Tax within City~of Rancho Cucamonga Community Facilities Dismct No. 2003-O1 (the "Resolution of Intention"), adopted by the Council on December 18, 2002, did direct that the Report generally contun the following• ~, , ~ ~~, 1. A brief descnption 'of ,the public facilities by type wlvch will be required to adequately meet the needs Hof CFD No 2003-O1; and 2. An estunate of the fair and reasonable cost of financing the public faciltties, including mc~dental expenses and including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. NOW, THEREFORE, l;' Lany Temple, Administrative Services Director, the authonzed representative of the City of Rancho Cucamonga and the appointed responsible officer directed to prepaze the Report or cause the Report to be prepared pursuant to the provisions of the Act, do hereby submit this Report. I C~~~ City of Rancho Cucamonga Page 1 CFD No. 2003-01 February 6, 2003 II. ,PROJECT DESCRIPTION • i ~~ The purpose of CFD No 2003-O1 is to finance the construction of certain public facilities which benefit the property proposed for development w~thm the boundanes of the City of Rancho Cucamonga (hereinafter referred to as the "City") and to pay incidental expenses incurred m connection therewith Public facilities that may be financed by CFD No 2003-01 aze descnbed in 'Section III below CFD No. 2003-01 is drnded into two improvement areas, which aze subsequently subdivided into zones Improvement Area 1 consists of three zones, amounting to approximately 146 78 gross acres. Of this acreage, approximately 18 54 acres m Zone 1 are expected to be developed into uses subject to a Mello-Roos special tax lery At buildout, rt is currently expected that Zone 1 will contain approxunately 411 residential dwelling umts In Zone 2, approximately 26 81 acres are expected to be developed into commercial uses sublect to a Mello-Roos special tax levy. Finally, Zone 3 will have approximately 13.37 acres developed into commercial uses sublect to a Mello-Roos special tax lery Improvement Area 2 consists of two zones, amounting to approximately 82 08 gross acres Of this acreage, approximately 31 66 acres in Zone 1 and 17.19 acres in Zone 2 aze expected to be developed into commercial uses subject to a Mello-Roos special tax levy ~~ Cety of Rancho Cucamonga Page 2 CFD No 2003-01 February 6, 2003 III. DESCRIPTION AND ESTIMATED COST OF PROPOSED FACILITIES A. Description of Proposed Public Improvements A community facilities distnct may provide for the purchase, construction, expansion, improvement, or rehabihtat~on of any real or tangible property, mcludmg public fac~hhes and infrastructure improvements, with an estimated useful life of five (5) years or longer, which ~s necessary to meet increased demands placed upon local agencies asp a result of development or rehabihtat~on occumng within the community fac~hhes distract In addition, a community facilities d~stnct may pay m full all amounts necessary to eliminate any fixed special assessment hens or to pay, repay, or defease any obligation to pay for any indebtedness secured by any tax, fee, charge, or assessment levied within the area of the community facilities distract. The public facilities shown below aze proposed to be financed by CFD No. 2003-O1 The cost of the public facilities shall include the attnbutable costs of engmeenng, design, planning, inspection, management and coordination, together with the expenses related to the issuance and sale of any special tax bonds, mcludmg underwriters' discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant, bond and official statement punting and all other expenses incidental thereto The public facilrt~es shall be constructed pursuant to the plans and specifications approved by the City and the officials thereof, including the City Engineer Facilities in Connection with Improvement Area Nos. 1 and 2 V~ctona Gardens Lane (and vicmityl Improvements , Street Improvements Storm Dram Improvements Domestic Water Improvements Landscape Improvements Dry Uhhhes Improvements Right-of--Way Acgmsition Foothill Boulevard (and vtcinityl Improvements Street Improvements Storm Dram Improvements Sanitary Sewer Improvements Domestic Water Improvements Landscape Improvements Dry Utilities Improvements North Pazkway Sidewalk Right-of--Way Acgwsrtion Other Improvements Serving Properties Located w~thm CFD No 2003-O1 Dry Uhhhes Improvements City ojRancho Cucamorsga Page 3 CFD No 2003-01 February 6, 2003 Facilities in Connection with Improvement Area No. 1 Only Domestic Water Improvements ' Sewer Improvements Civic Center/Cultural Center Community Facilities School Improvements The preceding facilities aze all facilities which the legislative body creating CFD No. 2003- 01 is authorized, pursuant to an agreement meeting the requirements of Section 53316 2 of the Act or otherwise, to own, construct, or finance, and which are required to adequately meet the needs of CFD No 2003-01 Because the actual facilities necessary to serve development within CFD No 2003-01 may differ from those currently anticipated, CFD No 2003-01 reserves the right to modify the actual facilities proposed herein to the extent CFD No 2003-01 deems necessary, m its sole discretion to meet those needs The Specral Taxes' required to pay for the construction, acquisition, or financing of said facilities will be apportioned as described m the Rate and Method of Apportionment of the Special Tax for CFD No 2003-01. B. Estimated Cost of Proposed Bond Financed Public Improvements CFD No. 2003-0]' is~'~expected to issue two (2) Bond series to finance the purchase, construction, expansion, 'improvement, or rehabilitation of the authorized facilities. The total amount of construction proceeds to be generated from the Bonds is protected to be approximately $11.7 million m Improvement Area No. 1, and $2 3 million m Improvement Area No 2. These amounts aze estimates and subject to change I~ +~ 'Please note that all capitalized terms used herein, unless otherwise indicated, shall have the meanings defined m the Rate and Method of A orttonment Crty of Rancho Cucamonga Page 4 CFD No. 2003-01 February 6, 2003 IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES A. Proiected Bond Sales The maximum authorized bonded indebtedness for CFD No 2003-01 is $16,000,000 m Improvement Area No 1 and $4,000,000 m Improvement Area No. 2 L..I B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded Indebtedness Pursuant to Sectnon 53345.3 of the Act, bonded indebtedness may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for winch the proposed debt ns to be incurred, mcludmg, but not dnmrted to, the costs of legal, fiscal, and financial consultant fees; bond and other reserve funds, underwriter's discount; interest on any bonds of the district due and payable wntlun two years of the issuance of the bonds, election costs, and all costs of nssuance of the bonds, mcludmg, but not lirruted to, fees for bond counsel, disclosure counsel, and pnntnng costs For the bonds proposed to be issued for Improvement Area 1 and Improvement Area 2 by CFD No. 2003-01, capitalized interest ns currently estimated at approximately 9 92 percent, the reserve fund at 10.0 percent, all other incidental bond nssuance expenses at 3.21 percent of the face amount of the bonds Actual bond issue assumptions will vary from the above estunates. C. Incidental Expenses to be Included in the Annual Lew of Special Taxes Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to pay, m whole or part, the cost of provndmg public facnhties, sernces and incidental expenses. As defined by the Act, incidental expenses include, but aze not lnmrted to, the cost of planning and designing public facnhties to be financed pursuant to the Act, nncludnng the cost of envnronmenta] evaluatnons of those facnlntnes, the costs associated wrath the creation of the dnstnct, nssuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise mcunred m order to carry out the authorized purposes of the d~stnct, and any other expenses mcndental to the constructnon, completnon, and inspection of the authorized work While the actual cost of admnmstenng CFD No 2003-01 may vary, rat ~s anhcnpated that the amount of special taxes whnch can be collected wall be sufficnent to fund at least $50,000 nn annual admnnnstrative expenses ~~ Cuy of Rancho Cucamonga '~ ° ~ Page 5 CFD No. 2003-01 February 6, 2003 V. RATE AND METHOD OF APPORTIONMENT OF TAE SPECIAL TAX i All of the property located witlin CFD No 2003-01, unless exempted by law or by the Rate and Method of Apportionment for each Improvement Area, shall be taxed for the purpose of providing necessary facilities to serve CFD No. 2003-O1 Pursuant to Sectron 53325 3 of the Act, the tax unposed "is a special tax and not a special assessment, and there is no requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax "may be based on benefit received by parcels of real property, the cost of malang facilities or authorized services available to each pazcel, or other reasonable basis as detennmed by the legislative body," although the Special Tax may not be apportioned on an ad valorem basis pursuant to Article XIIIA of the California Constitutron. As shown m Exhibits A~ 1 and A-2, the adopted Rate and Method of Apportionment for each Improvement Area provides infonnatron sufficient to allow each property owner within CFD No. 2003-01 to estimate the maximum annual Special Tax he or she will be required to pay. Sections A through C, below, provide additional mfonnation on the Rate and Method of Apportionment of the Special Tax for each Improvement Area of CFD No. 2003-01 ~,,~ ~, A. Explanation for Special Tax Apportionment ,~, When a community faciLties chstnct is formed, a Special Tax may be levied on each parcel of taxable property vntlun the CFD to pay for the construction, acgmsrtion and rehabilitation of public facilities, to pay for authorized services or to repay bonded indebtedness or other related expenses mcured by the CFD Tlus Special Tax must be apportioned m a reasonable manner; however, the tax may not be apportioned on an ad valorem basis '' When more than one type of land use is present within a community facilities district, several criteria may be considered when apportioning the Special Tax. Generally, criteria based on building squaze footage, lot size, density and/or land use aze selected, and categories based on such criteria aze established to differentiate between pazcels of property. These categories are a direct result of the developer's projected product mix, and aze reflective of the proposed land use types within that community facilities district Additionally, geographic location of property may be considered and different tax rate zones or areas defined Specific Special Tax levels aze assigned to each land use class within each tax rate zone, with all pazcels within a land use class for each tax rate zone, assigned the same Special Tax rate. The Act does not require that Special Taxes be apportioned to individual pazcels based on benefit received However, in order to insure fairness and equity, benefit principles have been incorporated m establishing the Special Tax rates for CFD No 2003-01 The major assumption inherent m the Special Tax rates set forth m each Rate and Method of Apportionment is that the level of benefit received from the proposed public facihtres is Ciry of Rancho Cucamonga ` `~ Page 6 CFD No. 2003-O1 February 6, 2003 • a function of land use and/or product type This assumption ~s borne out through an examination of commonly accepted statistical measures for public facility usage For example, m measunng average weekday vehicle tnp-ends, the Institute of Transportation Engineer's Tnp Generation manual ~denrifies land use as the pnmary detennmant of tnp-end magintude Larger buildings typically generate a greater number of tnp-ends than do smaller buildings, sand therefore, will tend to receive more benefit from road grading, road landscaping and road improvements Drainage and flood control requirements generally vary with the amount of impernous ground cover per parcel It follows that larger lots have more ~mperv~ous ground cover which will create more drainage flows than that of smaller lots Another example is sewer treatment costs, which aze based on plant capacity to treat biochemical oxygeri demand (BOD), suspended solids (SS), and the flow rate, all of whuch vary based on ]and use Other vanables for water and sewer requirements include storage and fire flow requirements, as well as the number of bathrooms and fixture amts, winch tend to vary with the size of the ]ot and the size of the building. Therefore, separate Special Tax rates have been established for each Zone within an Improvement Area, based on the anticipated residential and non-res~denhal land use classes within each Zone. In addition, in order to insure fazrness, the Special Tax rates are • uniformly apphed,wrthin each Zone, and are based on the acreage of a parcel. As a result, the Special Tax for a parcel of Residenrial Property or Non-Residenrial Property m both Improvement Area Nos 1 and 2 will be based on (i) the specific Zone m which the parcel rs located, and ~(u) the acreage of the pazcel ' Based on the typesrof public facihries that aze proposed for CFD No 2003-01 and the factors descnbed above, the Special, Taxes assigned to specific land uses aze generally proportionate to the relative benefits received by them, and, accordingly, the Special Taxes m CFD No 2003-01 can be considered to be fair and reasonable 1 B. Assit?ned and Maximum SpeciallTax Rates 1 Exhibits B-1 and B-2 ]~st the Assigned Special Taxes that maybe levied against Developed Property m each Zone within each Improvement Area of CFD No 2003-01 Ex}ubits C-1 and C-2 list the Maximum Special Taxes that maybe levied against Undeveloped Property m each Zone w~thm each Improvement Area of CFD No 2003-01. Maximum Special Tax rates cannot exceed the Assigned Special Tax rates shown m Exh~brts B-1 and B-2, except when the Backup Special Tax is used as discussed m Section C below The Council will annually determine the actual amount of the Special Tax levy m each Zone of each Improvement Area, subject to the methodology and Maximum Special Taxes set forth m each Rate and Method of Apportionment The Council will levy a Special Tax . to the extent necessary to meet the Special Tax requirement for each Zone Cary ojRancho Cucamonga ~ Page 7 CFD No. 2003-OI February 6, 2003 C. Backup Special Tax Should the taxable acreage within any Improvement Area of CFD ,No 2003-O1 fall significantly below the level projected m the current development plans,,pursuant to the Rate and Method of Apportionment for each Improvement Area, rt may be necessary to levy the Maximum Special Tax using the Backup Special Tax pursuant to Section C of each Rate and Method of Apportionment. If use of the Backup Special Tax should become necessary, Maximum Special Tax rates for some parcels classified as Developed Property will be increased above the Assigned Special Tax rates shown m Exhibit B until the Special Tax Requirement is met 'However, under no circumstances will the Special Tax on an Assessor's Pazcel of Developed Property be increased to a level that exceeds the Maximum Special Tax (the greater of the applicable Backup Special Tax or the applicable Assigned Special Tax), as identified m Exhibits C-1 and C-2 D. Accuracy of Information In order to establish the Special Taxes for each Improvement Area of CFD No. 2003-O1 as set forth m each Rate and Method of Apportionment, David Taussrg and Associates, Inc. has retied on information including, but not limited to absorption, land-use types, building squaze footage, and net taxable acreage which were provided to David Taussig and Associates, Inc., by others David Taussig and Associates, Inc has not independently venfied such data and disclaims responsibility for the impact of inaccurate data provided by others, ~f any, on each Rate and Method of Apportionment for CFD No. 2003-O1, including the mab~lity to meet the financial obligations of CFD No 2003-O1. , • Cuy ojRancho Cucamonga Page 8 CFD No. 2003-01 Febraary 6, 2003 VI. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT The boundanes of CFD No 2003-01 include all land on which the Special Taxes may be levied A map of the azea included wrtlun each Improvement Area of CFD No 2003-01 is provided as Exlub~t D. U City of Rancho Cucamonga Page 9 CFD No 2003-OI February 6, 2003 VII. GENERAL TERMS AND CONDITIONS • A. Substitution Facilities The description of the public facilities, as set forth herein, are general m then nature. The final nature, location, and costs of improvements and facilities will be determined upon the prepazation of final plans and specifications The final plans may show substitutes, in lieu of modifications to the proposed work m order to accomplish the work of improvement, and any such substitution shall not be a change or modification m the proceedings as long as the facihhes provide a service substantially similaz to that as set forth m this Report B. Review/Appeals As fully described m Section F of each Rate and Method of Apportionment, any landowner who believes that the amount of the Special Tax is m error may file a nonce with CFD No. 2003-01 appealing the levy of the Special Tax. As appropriate, a representative of CFD No. 2003-01 will then review the appeal and, >f necessary, meet w><th the appellant. If the findings of the representative verify that the amount of the Special Tax should be modified or changed, then, as 'appropriate, the Special Tax levy may be corrected by the Review/Appeal committee or its designee ~ • C. Prepayment of Special Tax The Special Tax appl><cable to an Assessor's Pazcel of Developed Property may be prepaid , according to the prepayment provisions m each Rate and Method of Apportionment. K\CLen62U2ancMCucamonga\V,clonaGardens\CFD_RP73 doc I " v \ Page 10 City of Rancho Cucamonga CFD No. 2003-O1 February 6, 2003 . EXHIBIT A-I RATE AND METHOD OF APPORTIONMENT ' IMPROVEMENT AREA 1 ~,,~ ~~, ~, ~ ~ • ~~ t ~~~ $as RATE AND METHOD OF APPORTIONMENT FOR • COMMUNITY FACILITIES DISTRICT N0.2003-O1 , OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA NO. 1 A Special Tax as hereinafter defined shall be levied on all Assessor's Pazcels m Community Facrlrtnes Drstnct No 2003-O1 (Improvement Area No 1) ("CFD No. 2003-O1 (IA Nq 1)") and collected each Fiscal Yeaz commencing m Fiscal Yeaz 2003-04, m an amount determined by the Councnl through the application of the appropriate Specnal Tax wrtlin each Zone for "Developed Property" and "Undeveloped Property" as described below All of the real property in CFD No. 2003-O1 (IA No. 1), unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Pazcel as shown on an Assessor's Pazcel Map, or if the land azea ns not shown on an Assessor's Pazcel Map, the land azea shown on the applicable final map, pazcel map, condomnmum plan, or other map or plan recorded with the County The squaze footage of an Assessor's Pazcel ns equal to the Acreage of such parcel multiplied by 43,560. "Act" means the Mello-Roos Communtty Facnlnties Act of 1982, as amended, being Chapter 2 5, Drvrsron 2 of Trtle 5 of the Government Code of the State of Cahfonua. "Administrative Expenses" means the following actual or reasonably estnmated costs dnrectly related to the admuustration of CFD No 2003-01 (IA No. 1): the costs of computing the Special Taxes and prepanng the annual Special Tax collection schedules (whether bythe City, a designee thereof or both), the costs of collecting the Specnal Taxes (whether by the County or otherwise), the costs ofremnttmg the Specnal Taxes to the Trustee; the costs of the Tmstee (nncludmg rts legal counsel) m the dnschazge of the dunes requnred of nt under the Indenture, the costs to the City, CFD No 2003-01 (IA No. 1) or any designee of enther thereof of complynng with azbntrage rebate requnrements, the costs to the City, CFD No 2003-01 (IA No 1)oranydesngneeofentherthereofofcomplymgwnthC~ty,CFDNo.2003- O1 (IA No. 1) or obligated persons disclosure requnrements, the costs assocnated with prepanng Specnal Tax disclosure statements and responding to public mgmnes regazding the Specnal Taxes, the costs of the Cnty, of CFD No 2003-O1 (IA No 1) or any designee of enther thereofrelated to an appeal ofthe Specnal Tax, and the City's annual admnmstration fees and thud party expenses Admnmstratnve Expenses shall also include amounts estimated or advanced by the Cnty or CFD No 2003-01 (IA No 1) for any other admnmstrative purposes of CFD No 2003-O1 (IA No 1), mcludmg attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Specnal Taxes ~~o Cnty ojRancho Cucamonga March 10, 2003 CFD No 2003-OI (IA No. 1) Page I "Administrative Special Tax Requirement" means, for any Fiscal Yeaz, that amount estimated to be required to (i) pay penodic costs on the CFD No. 2003-O1(IA No. 1) Bonds other than regularly scheduled debt sernce, including liut not hmrted to, credit enhancement and rebate payments on the CFD No 2003-O1(IA No. 1) Bonds as descnbed in the Indenture and due m they calendaz yeaz beginning m said Fiscal Yeaz; and (ii) pay Adrnimstrative Expenses. "Assessor's Parcel" means a lot or pazcel shown in an Assessor's Parcel Map with an assigned Assessor's parcel number "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined m accordance with Section C below "Authorized Facilities'i means those improvements, as fisted on Exhibit "A" to the Resolution of Formation ' ~, ~ ~ ~~, "Backup Special Taz" means the Special Tax applicable to each Assessor's Parcel of Developed Prpperty, as deternned m accordance with Section C below. "CFD Administrator" means an official of the City, or designee thereof, responsible for detennimng the Special Tax Requirement for each Zone and providing for the levy and collection of the Special Taxes "CFD No. 2003,41" means City of Rancho Cucamonga Commumty Facilities Distnct No. 2003-O1 (Victona Gardens). "CFD No. 2003-O1 (IA No. 1)" means Improvement Area No. 1 of CFD No 2003-01, as identified on the boundary map for C ~D No 2003-01 "CFD No.2003-O1 (IA No. l) Bonds" means any bonds or other debt (as defined m Section 53317(4) of the Act), whether m one or more senes, issued by CFD No 2003-O1 and secured solely by Special Taxes levied on property witlin the boundaries of CFD No. 2003-O1 (IA No. 1) under the Act. "City" means the City of Rancho Cucamonga. "Council" means the City Council of the City of Rancho Cucamonga, acting as the legislative body of CFD No 2003-O1 (IA No. 1) "County" means the County of San Bernazdino. "Disposition and Development Agreement" means the Disposition and Development Agreement by and between the Rancho Cucamonga Redevelopment Agency and Victona Gardens-C, LLC dated February 20, 2002. fZ all _ City oJRancho Cucamonga :7 'C March 10, 2003 CFD No 2003-O1 (IA No. I) Page 2 "Developed Property" means, for each Fiscal Year, all Taxable Property which (i) was wrtlun a Final Map that was recorded pnor to January 1 of the previous Ftscal Year, and (u) for which a building permit for new construction, other than the construction of a gazage, pazkmg lot, pazlcmg structure or street, was issued after January 1, 2002 but pnor to January 1 of the previous Fiscal Yeaz. ' "Final Map" means a final map, lot tine adjustment, or pazcel map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) and recorded with the County Recorder that creates individual lots for which building permits may, be issued. The term "Final Map" shall not include any Assessor's Pazcel Map or subdivision map or portion thereof, that does not create individual lots for which a building permit may be issued, including Assessor's Pazcels that aze designated as remainder pazcels. "Fiscal Year" means the penod starting July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-O1 (IA No. 1) Bonds aze issued, as modified, amended and/or supplemented from time to time. ' "Maximum Special Tax" means the maxunum Special Tax, detemuned m accordance wrth Section C below, that can be levied m any Fiscal Yeaz on any Assessor's Pazcel. "Outstanding Zone 1 Bonds" means (a) the product of (~) the onginal principal amount of the CFD No.2003-O1(IA No. 1) Bonds minus the pnncipal amount ofthe CFD No:2003-O1 (IA No 1) Bonds that have been paid at matunty, or been redeemed or defeased other than from prepayments of Special Taxes; and (u) the Zone 1 Allocation, minus (b) the pnncipal amount of the CFD No. 2003-O1 (IA No. l) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located m Zone 1 "Outstanding Zone 2 Bonds" means (a) the product of (i) the onginal pnncipal amount of the CFD No.2003-O1(IA No 1) Bonds minus the pnncipal amount ofthe CFD No.2003-O1 (IA No. 1) Bonds that have been pazd at matunty, or been redeemed or defeased other than from prepayments of Special Taxes, and (u) the Zone 2 Allocation, minus (b) the pnncipal amount of the CFD No. 2003-01 (IA No. 1) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 2 or a refund from the Etiwanda School D~stnct pursuant to that certain Joint Commumty FacIlihes Agreement dated as of February 19, 2002 between the City and the Etiwanda School Distract, or from the Chaffey Joint Umon High School Distract, pursuant to that certain Joint Commumty Facilities Agreement dated as of February 19, 2002 between the City and the Chaffey Joint Umon High School D~stnct "Outstanding Zone 3 Bonds" means (a) the product of (i) the onginal pnncipal amount of the CFD No.2003-O1 (IA No. 1) Bonds minus the pnncipal amount ofthe CFD No.2003-O1 (IA No 1) Bonds that have been paid at matunty, or been redeemed or defeased other than r1 1~J Cery afRancho Cucamonga V v v March 10, 2003 rFn Na_ 2003-01 tIA No. 1) Page 3 from prepayments of Spectal Taxes, and (u) the Zone 3 Allocation, minus ~(b) the pimctpal ~ ~ amount of the CFD No. 2003-01 (lA No. 1) Bonds that have been redeem8d or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located m ' Zone 3 "Privately Owned Exempt Parking Property" means the land area consisting of up to 4 25 Acres in Zone 2 to be utilized for a gazage, pazking lot or pazlang structure as geographically tdenrified m Attachment A to ttus Rate and Method of Apportionment, and specifically defined in Attachment B. "Privately Owned Specific Retail Property" means one or more Assessor's Pazcels of Developed Property in Zone 2 for which a building permit has been Issued for uses that are consistent with the Mayor Department Store land use category in the Disposition and Development Agreement, as determined by the CFD Admtmstrator. "Proportionately" means for Developed Property m a particulaz Zone that the ratio ofthe actual Spectal Tax levy in such Zone to the Assigned Special Tax for such Zone is equal for all Assessor's Parcels of Developed Property within such Zone, or where the Backup Special Tax is being levied m a particular Zone that the ratio of the actual Special Tax levy in such Zone to the Maximum Spectal Tax for such Zone is equal for all Assessor's Parcels upon which a Backup Spectal Tax is being levied within such Zone. For Undeveloped Property in a particulaz Zone, "Proportionately" means that the ratio of the actual Spectal Tax levy per Acre to such Zone to the Maximum Special Tax per Acre for such Zone is equal for all Assessor's Pazcels of Undeveloped Property within such Zone "Public Property" means any property wtttun the boundanes of CFD No 2003-O1 (IA No 1) that is used for nghts-of--way or any other purpose and isowned by or u-revocably offered for dedication to the federal government, the State, the County, the Ctty or any other public agency, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with Its use "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling amts "Resolution of Formation" means the Resolution ofFormation for CFD No. 2003-O1 (IA No 1) "Special Tax" means the special tax to be levied to each Fiscal Year on each Assessor's Pazcel of Developed Property and Undeveloped Property to fund the Zone 1 Special Tax Requirement, the Zone 2 Special Tax Requirement, or the Zone 3 Spectal Tax Requirement. w "State" means the State of Califomta. ~J~ Crty ojRancho Cucamonga March 10, 2003 CFD No. 2003-01 (IA No 1) Page 4 C "Taxable Property" means all of the Assessor's Parcels within the boundanes of CFD No. 2003-01 (IA No 1) which are not exempt from the Special Tax pursuant to law or Section E below "Trustee" means the trustee or fiscal agent under the Indenture "Undeveloped Property" means, for each Fiscal Yeaz, all Taxable Pmpertynot classified as Developed Property "Zone" means Zone 1, Zone 2, or Zone 3, as applicable "Zone 1" means all Assessor's Parcels located within the boundanes ofZone 1 as delineated I , m Attachment A to ttus Rate and Method of Apportionment. ' "Zone 1 Allocation" means the percentage ofCFD No.2003-O1(IA No 1) Bonds allocated to Zone 1 based on Zone 1's shaze of the cost of the Authonzed Facilities to be financed from the proceeds of such bond issue(s) The Zone 1 Allocation is 6.72%. "Zone 1 Delinquency Amount" means, for any Fiscal Yeaz, the amount requued to (i) replenish any reserve funds for CFD No 2003-01 (IA No. 1) Bonds m an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably determined by the CFD Administrator, and (n) pay for reasonably anticipated delinquent Zone 1 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 1 in the previous Fiscal Yeaz. "Zone 1 Special, Tax Requirement" means, for any Fiscal Year, the sum of (i) the Zone 1 Allocation times the Administrative Special Tax Requirement; and (ii) the amount required to (a) pay regulazly scheduled debt service on all Outstanding Zone 1 Bonds due in the calendaz yeaz beginiung m said Fiscal Yeaz, (b) accumulate funds to pay directly for the constmction of Authonzed Fac~hties, and (c) pay the Zone 1 Delinquency Amount, if any; (ui) less a credit for funds available to~reduce the annual Special Tax levy wrtlun Zone 1, as determined by the CFD Administrator pursuant to the Indenture "Zone 2" means all Assessor's Parcels located within the boundanes ofZone 2 as delineated m Attachment A to this Rate and Method of Apportionment. "Zone 2 Allocation" means the percentage of CFD No 2003-O1(IA No. 1) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authonzed Facilities to be financed from the proceeds of such bond issue(s) The Zone 2 Allocation is 81 74% "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No 2003-01 (IA No. l) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 2 Special Taxes, as reasonably determined by the CFD Administrator, and (u) pay for reasonably anticipated delinquent Zone 2 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 2 m the previous Fiscal Yeaz ~~ City ojRancho Cucamonga March I0, 2003 ~~.~ .r. noon /If /I/ A(- 11 D...~n C "Zone 2 Special Tax Requirement" means, for any Fiscal Yeaz, the sum of (r) the Zone 2 Allocation times the Administrative Special Tax Requrement; and (u) the amount required to (a) pay regulazly scheduled debt service on all Outstanding Zone 2 Bonds due rn the calendar year begrnning m said Fiscal Yeaz, (b) accumulate funds to pay directly for the construction of Authonzed Facilities, and (c) pay the Zone 2 Delinquency Amount, rf any, (m) less a credit for funds available to reduce the annual Special Tax levy within Zone 2, as determined by the CFD Administrator pursuant to the Indenture For the purposes of this definition, all amounts held m the funds and accounts under the Indenture which aze intended to be used to pay debt service on CFD No 2003-01(IA No. 1) Bonds issued and outstanding, and which aze denved from refunds from the Etiwanda School Drstnct pursuant to that certain Joint Community Facrhties Agreement dated as of February 19, 2002 between the I , City and the Etiwanda School Distnct, or from the Chaffey Joint Union High School Drstnct, ' pursuant to that certain Joint Community Fac~htres Agreement dated as ofFebruary 19, 2002 between the City and the Chaffey Joint Union High School Drstnct shall be considered amounts available to reduce the annual Special Tax levy within Zone 2. "Zone 3"'means all Assessor's Pazcels located within the boundanes ofZone 3 as delineated m Attachment A to this Rate and Method of Apportionment. "Zone 3 Allocation" means the percentage ofCFD No.2003-01 (IA No. 1) Bonds allocated to Zone 3 based on Zone 3's shaze of the cost of the Authonzed Facilities to be financed from the proceeds of such bond issue(s) The Zone 3 Allocation rs 11 54% "Zone 3 Delinquency Amount" means, for any Fiscal Year, the amount regmred to (r) replenish any reserve funds for CFD No.2003-O1 (IA No 1) Bonds in an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 3 Special Taxes, as reasonably determined by the CFD Administrator, and (u) pay for reasonably anticipated delinquent Zone 3 Special Taxes based on the delinquency rate for Special Taxes levied in Zone 3 in the previous Fiscal Yeaz I "Zone 3 Special Tax Requirement" means, for any Fiscal Year, the sum of (~) the Zone 3 Allocation trines the Administrative Special Tax Requirement; and (u) the amount required to (a) pay regulazly scheduled debt service on all Outstanding Zone 3 Bonds due rn the calendar year begmrung m said Fiscal Year, (b) accumulate funds to pay directly for the construction of Authonzed Fac~hhes, and (c) pay the Zone 3 Delinquency Amount, if any; (ur) less a credit for funds available to reduce the annual Special Tax levy wrthm Zone 3, as detemuned by the CFD Administrator pursuant to the Indenture. B. ASSIGNMENT TO LAND USE CATEGORIES • Each Fiscal Yeaz, all Taxable Property within Zone 1, Zone 2, and Zone 3 of CFD No 2003- 01 (IA No 1) shall be classified as Developed Property or Undeveloped Property, and shall be subject to Special Taxes m accordance with the rate and method of apportionment determined pursuant to Sections C and D below a~~ City ojRancho Cucamonga March I0, 2003 /`FT Nn 7na7_al /rA Nn 11 Pale 6 ` , C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (r). Maxrmum Specral Tax The Maxrmum Special Tax for each Assessor's Pazcel~in Zone 1 classrfied as Developed Property shall be the greater of (r) the amount denved by apphcahon of the Assrgned Specral Tax for Zone 1 or (n) the amount denved by apphcahon of the Backup Specral Tax for Zone 1 ' (u). Assrgned Specral Tax The Assrgned Specral Tax for each Assessor's Pazcel of Developed Property m Zone 1 of CFD No. 2003-O1(IA No 1) shall equal $4,318 per Acre for Frscal Yeaz 2003-04, and shall rcrease thereafter, commencing on July 1, 2004 and on July 1 of each Frscal Yeaz thereafter, by an amount equal to two percent (2%) of the Assrgned Specral Tax for the prevrous Frscal Yeaz. (rir) Backup Specral Tax The Backup Specral Tax for each Assessor's Pazcel of Developed Property m Zone 1 of CFD No. 2003-O1(IA No. l) shall equal $4,798 per Acre for Frscal Yeaz 2003-04, and shall increase thereafter, commencrg on July 1, 2004 and on July 1 of each Frscal Yeaz thereafter, by an amount equal to two percent (2%) of the Backup Specral Tax for the prevrous Frscal Yeaz b. Zone 1 Undeveloped Property The Maxrmum Specral Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No 1) shall be $4,798 per Acre for Frscal Year 2003-04, and shall rcrease thereafter, commencrg on July 1, 2004 and on July 1 of each Frscal Year thereafter, by an amount equal to two percent (2%) of the Maxrmum Specral Tax for the prevrous Frscal Yeaz. • g32~ City of Rancho Cucamonga March 10, 2003 pro w~_ ~nro of /)A T/.. 11 Paee7 C~ ~ ,~ 2. ZONE 2 a. Zone 2 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel m Zone 2 classified as Developed Property shall be the greater of (t) the amount derived by application of the Assigned Special Tax for Zdne 2 or (u) the amount denved by application of the Backup Specral Tax for Zone 2 (ii). Assigned Special Tax The Assigned Special Tax for each Assessor's Pazcel of Developed Property m Zone 2 of CFD No 2003-O1 (IA No. 1) shall equal $36,294 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Yeaz thereafter, by an amount equal to two percent' (2%) of the Assigned Special Tax for the previous Fiscal Yeaz. (iii). Backup Special Tax The Backup Special Tax for each Assessor's Pazcel of Developed Property m Zone 2 of CFD No 2003-O1 (IA No. 1) shall equal $40,327 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Yeaz. b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No 2003-O1 (IA No 1) shall be $12,817 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Yeaz thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Fiscal Yeaz. 3. ZONE 3 a. Zone 3 Developed Property (i). Maximum Special Tax The Maximum Special Tax for each Assessor's Parcel in Zone 3 classified as Developed Property shall be the greater of (i) the amount City of Rancho Cucamonga v `~ `~ March 10, 2003 ern w,. inn x_m ire N~ r~ Paee 8 denved by apphcarion of the Assigned Special Tax for Zone 3 or (u) the amount denved by application of the Backup Special Tax for Zone 3 (u) ~' Assigned Special Tax The Assigned Special Tax for each Assessor's Pazcel of Developed Property in Zone 3 of CFD No 2003-01 (IA No. 1) shall equal $10,272 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Yeaz thereafter, by an amount equal to two percent (2%) of the Assigned Special Tax for the previous Fiscal Yeaz. (ui). Backup Special Tax Tlie Backup Special Tax for each Assessor's Pazcel of Developed Property in Zone 3 of CFD, No. 2003-01 (IA No. 1) shall equal ~, , ~ ~~, $11,413 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal ~, , Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the prenous Fiscal Yeaz. b. Zone 3 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 3 of CFD No 2003-01 (IA No 1) shall be $11,413 per Acre for Fiscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the prenous Fiscal Yeaz D. 1. ZONE 1 Commencing with Fiscal Year 2003-04 and for each following Fiscal Yeaz, the Council shall detennme the Zone 1 Special Tax Requirement and lery the Special Tax m Zone 1 until the amount of Special Taxes levied m Zone 1 is equal to the Zone 1 Special Tax Requirement. The Special Tax shall be levied m Zone 1 each Fiscal Yeaz as follows• i • First The Special Tax shall be levied on each Assessor's Pazcel of Developed Property m Zone 1 m an amount equal to 100% of the Assigned Special Tax for . Developed Property, Second If additional monies aze needed to satisfy the Zone 1 Special Tax Requirement after the first step has been completed, the Special Tax shall be levied City oJRancho Cucamonga ~ J 1 March 10, 2003 ___ _. _,......,. ,...._ .. Pnoa 9 S ~, Proportionately on each Assessor's Pazce] ofUndeveloped Property in Zone 1 at up to 100% of the Maximum Special Tax for Undeveloped Property, Third If additional monies aze needed to satisfy the Zone 1 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Pazcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maxunum Special Tax for each such Assessor's Parcel ' Notwithstanding the above, the Council may m any Fiscal Yeaz levy Proportionately less than 100% of the Assigned Special Tax instep one (above) when the Council no longer must lery a Special Tax m Zone I pursuant to steps two and three above, and (i) all authonzed CFD No 2003-O1 (IA No 1) Bonds have already been issued, or (u) the Council has covenanted that it will not issue any additional CFD No 2003-O1 (IA No. 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. Further notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Pazce] ofResidenhal Property for which an occupancy • permit for pnvate residential use has been issued be increased by more than ten percent as a consequence of delinquency or default by the owner of any other Assessor's Pazcel wit}un Zone 1, except for those Residential Properties whose owners aze also delinquent or m default on their Special Tax payments for one or more other properties within Zone 1 2. ZONE 2 Commencing with Fiscal Yeaz 2003-04 and for each following Fiscal Yeaz, the Council shall determine the Zone 2 Special Tax Requirement and levy the Special Tax m Zone 2 until the amount of Special Taxes levied m Zone 2 is equal to the Zone 2 Special Tax Requirement. The Special Tax shall be levied m Zone 2 each Fiscal Year as follows First• The Special Tax shall be levied on each Assessor's Pazcel of Developed Property m Zone 2 m an amount equal to 100% of the Assigned Special Tax for Developed Property; Second: If additional monies are needed to satisfy the Zone 2 Special Tax Regmrement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Pazcel ofUndeveloped Property in Zone 2 at up to 100% of the Maximum Special Tax for Undeveloped Property; . Third If additional monies are needed to satisfy the Zone 2 Special Tax Requirement after the first two steps have been completed, then the lery of the Special Tax on each Assessor's Pazcel of Developed Property in Zone 2 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased City ojRancha Cucamonga V J J March 10, 2003 ~Fn Nn 7nn?_nl /1A No. L Pale 10 Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Pazcel ~ Notwithstanding the above, the Council may m any Fiscal Yeaz levy Propomonately less than 100% of the Assigned Special Tax m step one (above) when the Council no longer must levy a Special Tax m Zone 2 pursuant to steps two and three above, and (i) all authonzed CFD No. 2003-O1 (IA No. 1) Bonds have akeady been issued, or (u) the Council has covenanted that it will not issue any addrt~onal CFD No 2003-O1 (IA No 1) Bonds (except refunding bonds) to besupported by Special Taxes levied under this Rate and Method of Apportionment 3. ZONE 3 Commencing with Fiscal Yeaz 2003-04 and for each following Fiscal Yeaz, the Council shall determine the Zone 3 Special Tax Requirement and levy the Special Tax m Zone 3 until the amount of Special Taxes levied in Zone 3 is equal to the Zone 3 Special Tax Requirement. The Special Tax shall be levied in Zone 3 each Fiscal Year as follows ~~ First. The Special' Tax shall be levied on each Assessor's Pazcel of Developed Property~m~ Zone 3 m an amount equal to 100% of the Assigned Special Tax for • Developed Property; Second: If additional momes aze needed to satisfy the Zone 3 Specral Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Pazcel ofUndeveloped Property in Zone 3 at up to 100% of the Maximum Special Tax for Undeveloped Property, Third. If addittonal momes aze needed to satisfy the Zone 3 Special Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assesso~'s Pazcel of Developed Property in Zone 3 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel. Notwithstanding the above, the Council may m any Fiscal Yeaz levy Proportionately less than 100% of the Assigned Special Tax in step one (above) when the Council no longer must levy a Special Tax in Zone 3 pursuant to steps two and three above, and (i) all authonzed CFD No. 2003-O1 (IA No 1) Bonds have already been issued, or (u) the Council has covenanted that it will not issue any additional CFD No 2003-O1 (IA No 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment • ~~ O City ojRancho Cucamonga March 10, 2003 ~sn nr,. °nnx_n7 ird Nn 11 Pale 11 • E. EXEMPTIONS ZONE 1 No Special Tax shall be levied on Public Property m Zone 1. 2. ZONE 2 No Special Tax shall be levied on Public Property m Zone 2 In addition, no Special Tax shall be levied on Pnvately Owned Exempt Pazking Property in Zone 2. Furthermore, no Special Tax shall be levied on up to 10.56 Acres ofl'nvately Owned Specific Retazl Property m Zone 2. Tax-exempt status will be assigned by the CFD Admimstrator in the chronological order in which property in Zone 2 becomes Privately Owned Specific Retail Property Ifthe total number of Acres of Pnvately Owned Specific Retail Property exceeds the ,amount stated above, then the Acres exceeding such total shall be taxed at the applicable rates for Developed Property for Zone 2 as set forth in Section C above and to the extent set forth m Section D above ' 3. ZONE 3 , No Special Tax shall be levied on Public Property m Zone 3 F. REVIEW/APPEAL COMMITTEE ~~ ~~ Any taxpayer may file a wntten appeal of the Special Tax on his/her property with the CFD Adinimstrator, provided that the appellant is current m lis/her payments of Special Taxes Dunng the pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made The appeal must specify the reasons why the appellant claims the Special Tax is m error. The CFD Admimstrator shall review the appeal, meet with the appellant if the CFD Admimstrator deems necessary, and advise the appellant of rts determination If the CFD Admuustrator agrees wrath the appellant, the amount of the Special Tax shall be appropnately modified The Council may interpret this Rate and Method of Apportionment of Special Tax for purposes of clanfying any ambiguity and make detennmarions relative to the annual admmistrarion of the Special Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons. G. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No 2003-01 (IA No 1) may directly bill the Special Tax, may collect Special Taxes at a different rime or m a different manner if 4~3~- Ctty ojRancho Cucamonga March 10, 2003 .~vn nr., mna_n~ ne N~ n Pape 12 necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act H. PREPAYMENT OF SPECIAL TAX 1. Payment in FuII Only an Assessor's Parcel ofDeveloped Property, or Undeveloped Property for which a building permit has been issued, may be prepazd The Special Tax obligation applicable to an Assessor's Parcel m CFD No. 2003-O1 (IA No 1) may only be prepaid after all authonzed CFD No 2003-O1 (IA No 1) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No 2003-01 (IA No 1) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment. The obligation of the Assessor's Parcel to pay any Special Tax may be permanently satisfied as descnbed herein, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Admimstrator with wntten notice of intent to prepay Within 30 days of receipt of such wntten notice, the CFD Admtmstrator shall notify such owner of the prepayment amount of such Assessor's Parcel. Prepayment must be made not less than 45 days pnor to any redemption date for the CFD No 2003-01 (IA No 1) Bonds to be redeemed with the proceeds of such prepaid Special Taxes The Prepayment Amount (defined below) shall be calculated as summanzed below (caprtahzed terms as defined below): Bondl plus plus plus less less Total equals tedemptton Amount Redemption Premium Defeasance Amount Admimstrative Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Paragraph No 1 Confirm that no Special Tax delinquencies apply to such Assessor's Parcel 2 For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been issued, compute the Maximum Special Tax for the Assessor's Parcel to be City of Rancho Cucamonga March l0, 2003 /'FIl N.. Inn?_a7 /IA Na 1) Page 13 '"' i ~ prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel 3. Divide the Maximum Special Tax computed pursuant to pazagraph 2 by the estimated Maximum Special Taxes for the entire Zone in which the Assessor's Pazcel is located based on the Developed Property Special Taxes which could be charged in the cunent Fiscal Yeaz on all expected development in such Zone, excluding any Assessor's Pazcels in such Zone which have been prepaid, and 4 (a) For Assessor's Parcels in Zone 1, multiply the quotient computed pursuant to pazagraph 3 by the Outstanding Zone 1 Bonds to compute the amount of Outstanding Zone 1 Bonds to be retired and prepaid; or (b) For Assessor's Pazcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be refired and prepazd• or (c) For Assessor's Pazcels m Zone 3, multiply the quotient computed pursuant to pazagraph 3 by the Outstanding Zone 3 Bonds to compute the amount of Outstanding Zone 3 Bonds to be retired and prepaid (in either (a), (b), or (c) above, the "Bond Redemption Amount"). 5 Multiply the Bond Redemption Amount for the appropnate Zone computed pursuant to pazagraph 4 by the applicable redemption premium (e g., the redemption pnce - 100%), if any, on the Outstanding Zone 1, Zone 2, or Zone 3 Bonds to be redeemed (the "Redemption Premium"). 6 Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or pnncipal payment date following the current Frscal Yeaz until the earliest redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable. 7 Determine the Special Taxes levied on the Assessor's Parcel in the current Frscal Year which have not yet been paid 8 Compute the amount the CFD Admrstrator reasonably expects to denve from the reinvestment of the Prepayment Amount less the Admuustrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, to be redeemed with the prepayment 9 Add the amounts computed pursuant to pazagraphs 6 and 7 and subtract the amount computed pursuant to pazagraph 8 10 Compute the net present value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD Administrator m paragraph 8 (the "Defeasance Amount"). City ojRancho Cucamonga March 10, 2003 ~Fn v~ 7nni_nt /lA Nn 1) Pale 14 11 The administrative fees and expenses of CFD No 2003-O1 (IA No 1) aze as calculated by the CFD Administrator and include the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming CFD No 2003-O1 (IA No. 1) Bonds, and the costs of recording ' any notices to evidence the prepayment and the redemption (the "Admtntstrat:ve Fees and Expenses") 12. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of (a) the expected reduction m the reserve requirement (as defined m the Indenture), if any, associated with the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds as a result of the prepayment, or,(b) the amount denved by subtracting the new reserve requirement (as defined m the Indenture) in effect after the redemption of Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, as a result of the prepayment from the balance m the reserve fund on the prepayment date, but in no event shall such amount be less than zero. No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, is below 100% of the reserve requirement (as defined in the Indenture). 13 ~ If any capitalized interest for the Outstanding Zone 1, Zone~2, or Zone 3 ~' Bonds, as applicable, will not have been expended as ofthe fast bond interest and/or pnncipal payment date following the current Fiscal Yeaz, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or pnncipal payment (the "Capaakzed ~, Interest Credit") ~~ 14. The Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and l 1, less the amounts computed pursuant to pazagraphs 12 and 13 (the "PrepaymentAmount"). From the Prepayment Amoun~ the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropnate fund as established under the Indenture and be used to redeem Outstanding Zone 1, Zone 2, or Zone 3 Bonds, as applicable, or make debt service payments The amount computed pursuant to pazagraph 11 shall be retained by CFD No. 2003-O1 (IA No. 1). The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No 2003-01(IA No. 1) Bonds In such cases, the increment above $5,000 or integral multiple thereofwill be retained m the appropnate fund established under the Indenture to be used with the next prepayment ofCFD No 2003-O1(IA No. l) Bonds or to make debt service payments Upon confirmation of the payment of the current Fiscal Yeaz's Special Tax levy as determined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Yeaz's Special Tax levy for such Assessor's Pazcel from the County City ojRancho Cucamonga Marcli 10, 2003 ~Fn w~ 700i_al /IA Nn. 1) Paee15 • tax rolls With respect to any Assessor's Parcel for which the Special Tax obhgahon is prepaid m full m accordance with this Section H 1., the Council shall cause a suitable notice to be recorded m compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax hen on such Assessor's Parcel, and the obhgahon of such Assessor's Parcel to pay the Special Tax shall cease. Notwrthstandmg the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Taxes that may be levied within the entire Zone in which the Assessor's Pazcel's Special Tax obligation is prepaid both pnor to and after the proposed prepayment is at least 1 1 times the maximum annual debt service on all Outstanding Zone 1, Zone~2, and Zone 3 Bonds, as applicable. 2. Prepayment in Part The Special Tax on an Assessor's Pazcel of Developed Property and an Assessor's Pazcel ofUndeveloped Property for which a building permit has been issued maybe ,partially prepaid. The amount of the prepayment shall be calculated as in Section H'.1, except that a partial prepayment shall be calculated according to the following formulq: PP=PEXF These terms have the following meaning PP = the partial prepayment PE = the' Prepayment Amount calculated according to Section H 1 F = the percentage by which the owner of the Assessor's Pazcel(s) is partially prepaying the Special Tax The owner of any Assessor's ~azcel who desires such prepayment shall notify the CFD Admimstrator of (i) such owner's intent to partiallyprepaythe Special Tax, and (u) the percentage by which the Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Pazcel within thirty (30) days ofthe request and may chazge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepazd, the City shall (i) distnbute the funds remitted to rt according to Section H.1, and (u) indicate m the records of CFD No 2003-O1 (IA No 1) that there has been a partial prepayment of the Special Tax and that a portion of the Assigned Special Tax and Maximum Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1 00 - F) of each, respectively, shall continue to be levied on such Assessor's Pazcel pursuant to Section D. 6y Crty of Rancho Cucamonga March 10, 2003 r•cn u,. 9nn7_nl /rl Nn 71 Panv T6 I. ~ TERM OF SPECIAL TAX • I,. The Special Tax shall be leveed for a period not to exceed 50 years commencing with F> ca] ' Year 2003-04, provided however that Special Taxes will cease to be levied in an earlier Fiscal Year if the CFD Admimstrator has determined (i) that all regmred interest and pnncipal payments on the CFD No 2003-O1 (IA No 1) Bonds have been pazd, and (u) all ' Authonzed Faciht~es have been constructed. ~ KICGenGS2lRanchoCucamongalV¢lonaGardensVLLIAVmprovemenUreolJdoc Prepared 3/!0/03 L/ \~ Crty ojRancho Cucamonga March I0, 2003 ~..... .. ~~~~ n• ire wt_ ~~ Pnoo 77 PROPOSED BOUNDARIES SHEETt OF1 SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 7, ZONES 1, 2 & 3 I, ~~ CRY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA -_ ~_-_--_ _ -- ~ xAn NAP NAP NAP MAP NAP q , I MAP A - NAP M'~ ,,,,P E \ \ Z A HA- `1 NAq B NAP 1 W`° v xAa xAP IIAP ] ~ I { ~ I CRCRw E IXICRw x'v MN a]nOMY APN Za ,BW 41]AG B CRGRw NAP x/.P SSB AC Ag1II]-1)1-Y ~ ~ ]3!]G p II fA I I _ H ~ .. r---- ~\ NAP ZONE 7 ___________ ____1 N ~ xAP ~ °~ I NAP I ~ Y N ~ i NAP i wcnw i AvN maBi+e ~ ~ G~At wII+oA ~ xw ~ ~ ARI a]aaua ~ ~ v i Mxa]~~] Nn AC I wy AG ~ i a 20NE2 , I .mim A ~b~ I I • Qi ~ arum/' 'a.c MAP NAP I ~ ~ APxm-m++e ~ `~ 6lOK y A i ~m-------------= ' ~ ® i I xAP i fYISK M ~ ~P ~`'`P ~ ZONE 3 _ _J xwa MAa i i P NAP LEOEND: ~ ~ xA xwv i ~ ~ i i ~ ~ ®v10VATELr ON1Ea E](EMI] s ~ ' ~ ~ ~ ~ vwwia vxavENn ~ ~ ~ i i ~ ~ i ~ II ~ ~ ~ ~ ~ i ~ a ~ i ~~ ~ ] ] GRAiNIC SCALE ~ I ] ~ ~ ~ ~ ~ ~ ~ eoo o m aao ,aao am ~ ~ ~ ~ i ~ p ~ ~ 0 INGEET) ' i ~ 2 1 MA. lT R A' i I _1 ~ ~Yarcss, r% Y 4 ~ ti~ NM ~ ¢ ' l f k _O Eo F-b-m ^ ~O cnn i L r ~ _ ___ 1BROW NON! ____ ~P(AL1 FRED N THE oFFCE oG THE cm aERE of THE arr a RMOmcucGUVmATN¢_wr w~ mom MDS CONSULTING cxr ¢ERR oG rNE cm oFVMCxocucx+oncn IMEREBY CENM' iMAT T1EMtNW xM SNOWNG VRCPofiEDBOONONE50FCm CG RINGNOCIIwLmNw CDLM1Mm fI.0.1aE9 OLSTRILTNO 3lVJU1 Og111DLK O COINIY OF SVI BEWMl10tlq 5TA]E OG GIIF MLII O _ J W ylpgpdEMFN]MEA IIO 1 Cl]Y OF RAKIm CVU VICN ~ ~ BY RS RESOL iNE GffY Cf RNILXO NW4Md1GAATA I/EGWJI IEE]NGTxEREOF MEID q1 TNE_wY OF_~ Cm aEIN CG THE tm OF RMIO10 CVCYgNfa FRED iNIB~wY OF~~pB AT T£MWROF~OCZIXR_x N9COt OGMMS OG.VSSESSMENTAMCW4MYFA0.OE0 n GF CAIFORNh ST T E kl W GQ1H]Y RECCPOER N TXE Cgllln Cf SM BEWNR F T HE pI5TP1Ci5Ai RAGF~ N THE OFFIGE O \/ \~{ ~ ~/ ~ ' ~ rv CF SGx BERN4iOM i/ Ty 1 N CWNry RE(YINOEROF Lp • LEGAL DESCRIPTION ~ CFD 2003-01 IMPROVEMENT AREA NO. 1 -ZONE NO. 1 PORTIONS OF PARCEL MAP NO 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO 7966 PER MAP RECORDED IN BOOK B6 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE IN THE NORTHWESTERLY LINE OF PARCEL MAP NO 15641 HAVING A BEARING OF NORTH 44°18'08' EAST AND A DISTANCE OF 122 48 FEET, THENCE FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY LINE OF SAID PARCEL MAP NO 15641, NORTH 89°55'01" WEST 172 57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1052 00 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°47'42" AN ARC LENGTH OF 88 04 FEET TO A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 947 98 FEET, THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 4°47'42" AN ARC LENGTH OF 79 34 FEET, THENCE NORTH 89°55'01" WEST 1059 25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 798 00 FEET, THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°33'40" AN ARC LENGTH OF 453 50 FEET TO A POINT IN ANON-TANGENT REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945 00 FEET, RADIAL LINES THROUGH SAID POINT BEAR SOUTH 32°38'39" WEST (798 00-FOOT RADIUS) AND NORTH 33°00'27" EAST (945 00- FOOT RADIUS), THENCE LEAVING SAID NORTHERLY LINE AND SOUTHEASTERLY ALONG LAST SAID NON-TANGENT REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°21'01' AN ARC LENGTH OF 137 72 FEET, THENCE NON-TANGENT TO THE PREVIOUS CURVE, SOUTH 25°04'56" EAST 22 02 FEET, THENCE SOUTH 68°11'33" EAST 35 26 FEET, THENCE SOUTH 21°48'29" EAST 11 04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 21300 FEET, THENCE SOUTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°43'28" AN ARC LENGTH OF 80 76 FEET, THENCE SOUTH 0°04'59" EAST 109 70 FEET, TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 25 00 FEET, THENCE SOUTHERLY AND WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39 27 FEET, THENCE NORTH 89°55'01" WEST 579 84 FEET, THENCE SOUTH 0°04'59" EAST 50 00 FEET, THENCE NORTH 89°55'01" WEST 128 86 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 266 33 FEET, THENCE SOUTHEASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 6°56'18" AN ARC LENGTH OF 32 25 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 143 67 FEET, THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 15°32'46° AN ARC LENGTH OF 38 98 FEET; THENCE NORTH 89°55'01" WEST 150 00 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99 50 FEET, THENCE WESTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23°13'53" AN ARC LENGTH OF 4034 FEET TO A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85 50 FEET, THENCE WESTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 8°00'31' AN ARC LENGTH OF 11 95 FEET, THENCE NORTH 89°55'01" WEST 1016 33 FEET, THENCE SOUTH 22°04'33" EAST 26 70 FEET TO A POINT IN ANON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572 00 FEET, SAID POINT ALSO BEING IN THE LAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO 15641, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88°29'55" WEST, THENCE NORTHERLY ALONG LAST SAID NON-TANGENT CURVE AND ALONG SAID EAST LINE THROUGH A CENTRAL ANGLE OF 4°45'59" AN ARC LENGTH OF 213 97 FEET, r ~ LJ ~y~ THENCE NORTH 1°28'43" WEST 294 75 FEET, THENCE NORTH 44°18'08" EAST 122 48 FEET TO THE POINT OF BEGINNING CONTAINING 21 653 ACRES OF LAND, MORE OR LESS PREPARED BY ME OR UNDER MY DIRECTION ~ PiP o STANLEY C MORSE, P L S 3640, DATED 12-06-02 J~ r~ A LICENSE EXPIRES 6-30-04 * Erp 6/30/2004 ~, No 3640 G 1290110LLEGALSIA7•Z7 DOC ~ ~fgTF Q<' rei \F~\P i ~~ Y~~ LEGAL DESCRIPTION CFD 2003-01 IMPROVEMENT AREA NO. 1 -ZONE NO 2 PORTIONS OF PARCEL MAP NO 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE AND PARCEL B AS SAID PARCEL B IS DESCRIBED IN DOCUMENT NO 19990308589 RECORDED JULY 23, 1999 IN THE OFFICIAL RECORDS OF SAID COUNTY, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL' BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL MAP NO 7966, THENCE ALONG THE EAST LINE OF SAID PARCEL MAP NO 7966, SOUTH 0°07'34" WEST 1065 17 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 800 00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°25'30" AN ARC LENGTH OF 480 66 FEET, THENCE LEAVING SAID EAST LINE TO THE PREVIOUS CURVE ALONG THE NORTHERLY AND SOUTHEASTERLY LINES OF SAID PARCEL B, NORTH 89°58'47" WEST 93.23 ,FEET, THENCE SOUTH 43°51'29" 290 33 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1800 00 FEET, THENCE SOUTHWESTERLY ALONG' LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 13°58'01" AN ARC LENGTH OF 438 78 FEET, THENCE SOUTH 57°49'30" WEST 10 37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2000 00 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL B ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL MAP NO 7966~AND ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1.1°40'35" AN ARC LENGTH OF 407 58 FEET, THENCE SOUTH 69°30'05" EAST 250 72 FEET, THENCE LEAVING LAST SAID SOUTHEASTERLY LINE, NORTH 0°04'59" EAST 75 98 FEET, THENCE NORTH 89°55'01" WEST 604 O6 FEET, THENCE SOUTH 0°04'59" WEST 8 61 FEET; THENCE SOUTH 54°49'11"~ WEST 24 12 FEET, THENCE NORTH 4°50'51" 9 14 FEET, THENCE NORTH 85°09'09" WEST 104 26 FEET, THENCE NORTH 0°04'58" EAST 22 99 FEET, THENCE NORTH 89°55'01" WEST 623 93 FEET, THENCE NORTH 0°04'59" EAST 103 00 FEET, THENCE NORTH 23°23'13" WEST 25 11 FEET TO THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP' NO 15641, THENCE ALONG SAID EAST LINE, NORTH 0°15'45" EAST TO A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 2428 00 FEET, THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 3°02'25" 128 84 FEET; THENCE NORTH 3°18'10" EAST 1267 27 FEET TO A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 2572 00~ FEET, THENCE NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 1°48'05" AN ARC LENGTH OF 80 87 FEET, THENCE LEAVING SAID EAST LINE OF DAYICREEK BOULEVARD, NORTH 22°04'33" EAST 26 70 FEET, THENCE SOUTH 89°55'01" EAST 1016 33 TO A POINT IN ANON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 85 50 FEET, A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 15°18'21" WEST, THENCE EASTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°00'31" AN ARC LENGTH OF 11 95 FEET TO A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 99 50 FEET, THENCE EASTERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 23°13'53" AN ARC LENGTH OF 4034 FEET, THENCE SOUTH 89°55'01" EAST 15000 FEET TO A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 143 67 FEET, THENCE EASTERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 15°32'46" AN ARC LENGTH OF 38 98 FEET TO A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 26633 FEET, THENCE EASTERLY ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 6°56'18" AN ARC LENGTH OF 32 25 FEET, THENCE SOUTH 89°55'01" EAST 128 66 FEET, THENCE NORTH 0°04'59" EAST 50 00 FEET, THENCE SOUTH 89°55'01" EAST 579 84 FEET TO A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 25 00 FEET, THENCE EASTERLY AND V `~ NORTHERLY ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39 27 FEET, THENCE NORTH 0°04'59" EAST 109 70 FEET ~O A TANGENT ~' ~ 'CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 213 00 FEET, THENCE NORTHERLY ' ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 21°43'28"'AN ARC LENGTH OF 80 76 FEET, THENCE NORTH 21°48'29" EAST 11 04 FEET, THENCE NORTH 68°11'33" WEST 35 26 FEET, THENCE NORTH 25°04'56" EAST 22 02 FEET TO A POINT IN ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 945 00 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 24°39'26" EAST, THENCE NORTHWESTERLY ALONG LAST SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 8°21'01° AN ARC LENGTH OF 137 72 FEET TO A POINT OF CUSP WITH ANON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 902 00 FEET, RADIAL LINES THROUGH SAID POINT OF CUSP BEAR NORTH 30°00'27" EAST (945 00-FOOT RADIUS) AND NORTH 32°38'39" EAST (90Y 00-FOOT RADIUS), SAID POINT OF CUSP ALSO BEING THE SOUTH LINE OF CHURCH STREET AS SHOWN ON SAID PARCEL MAP NO 15641, THENCE SOUTHEASTERLY ALONG LAST SAID NON-TANGENT , CURVE AND ALONG SAID SOUTH LINE OF CHURCH STREET THROUGH A CENTRAL ANGLE OF 13°00'40" AN ARC LENGTH OF 204 83 FEET TO THE NORTH LINE OF SAID PARCEL MAP NO ' 15641, THENCE LEAVING LAST SAID SOUTH LINE ALONG LAST SAID NORTH LINE, SOUTH 89°55'01" EAST 444 OS FEET TO THE POINT OF BEGINNING CONTAINING 110 453 ACRES OF LAND, MORE OR LESS PREPARED BY ME OR UNDER MY DIRECTION. ~,i/~~ IANO S i 2~'~O~\-~Y C 'Lip GPI ti ~~ o STANLEY C MORSE, P L S 3640, DATED 12-06-02 J~ m~ LICENSE EXPIRES 6-30-04 * E.p 6/3o/zaoa *, No 3640 G \290170LLEGALS\IA7-Z2 DOC ~TglF (Y rn~ \F~\P \. J rya LEGAL DESCRIPTION I~ CFD 2003-01 IMPROVEMENT AREA NO. 1 -ZONE NO. 3 PORTIONS OF PARCEL MAP NO 15641 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 192 OF PARCEL MAPS AT PAGES 93 THROUGH 100 INCLUSIVE, IN THE OFFICE OF THE RECORDER OF SAID COUNTY AND PARCEL MAP NO 7966 PER MAP RECORDED IN BOOK 86 OF PARCEL MAPS AT PAGES 1 THROUGH 3 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL MAP NO 15641, ~ THENCE ALONG THE SOUTH LINE OF SAID PARCEL MAP NO 15641, NORTH 89°55'01" WEST 807 40 FEET, THENCE LEAVING SAID SOUTH LINE ALONG THE EAST LINE OF DAY CREEK BOULEVARD AS SHOWN ON SAID PARCEL MAP NO 15641, NORTH 44°49'38" WEST 84 98 FEET, THENCE NORTH 0°15'45" EAST 642 29 FEET, THENCE LEAVING SAID EAST LINE, SOUTH 23°23'13" EAST 25 11 FEET, THENCE SOUTH 89°55'01" EAST 54 47 FEET, THENCE SOUTH 0°04'59" WEST 103 00 FEET, THENCE SOUTH 89°55'01" EAST 623 93 FEET, THENCE SOUTH 0°04'58" WEST 22 99 FEET, THENCE SOUTH 85°09'09° EAST 104 26 FEET, THENCE NORTH 4°50'51" 9 14 FEET, THENCE NORTH 54°49'11" EAST 24 12 FEET, THENCE NORTH 0°04'59" EAST 8 61 FEET; THENCE SOUTH 89°55'01" EAST 604 06 FEET, THENCE SOUTH 0°04'59' WEST 75 98 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL MAP NO 15641, THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, SOUTH 69°30'05' WEST 116.82 FEET TO A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 650 00 FEET, THENCE SOUTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 38°00'00" AN ARC LENGTH OF 431 10 FEET, THENCE SOUTH 31°30'05' WEST 222 30 FEET TO THE POINT OF BEGINNING CONTAINING 14 689 ACRES OF LAND, MORE OR LESS PREPARED BY ME OR UNDER MY DIRECTION ~~~ STANLEY C MORSE, P L S 3640, DATED 12-06-02 LICENSE EXPIRES 6-30-04 G p90NOLLEGALS11A1-Z3 DOC '-' ~ PiP c N m ~ ~- Exp 6/30/2004 ~f9lF No 3640f~~\P ~" fAL~ ~~ ATTACHMENT B PRIVATELY OWNED EXEMPT PARKING PROPERTY LISTING ~,~~ ~, ~~ 5 _.«.-r 14 I~ v N O ~o O ci zrn N ~r'15 J m W ~ ~a a 16 23 0 G= w J O m 17 w 22 w 4' U Q O 18 f f 21 SHEET 1 OF 2 SHEETS PARKING STRUCTURE PARCELS PARCEL MAP NO 15641 P.M 6.192/93-100 6 7 11 12 ~.• CHURCH STREET 24 25 26~ N ~8555'01'W~ 2223.15' .. ,. ,... v ^ PARCEL P2 ~~ SEE SHEET 2 N A.P PARCEL P1 PARCEL MAP 7966 P M.B 86/1-3 20 19 OOTHILL BOULEVARD (RO .AND s Y C~G7'. ~ N o ~ N m A Exp 6/30/2004 No 3640 PREPARED UNDER THE SUPERVISION OF ~h ~~ ~.(P ~ ~~ ~~ i ,~~ 600 300 0 600 GRAPHIC SCALE LEGEND ® INDICATES SUBJECT PARCEL AREA INDICATES SUBJECT PARCEL UNE \ INDICATES EXISTING PARCEL LINE i ~YOwo~Mnrrnv~~rrtn~u-i i i-u-~[ NW CORNER I P M 7966 25 I x-707 59, ~I I 31 ~I YI OI v"iI ZI N SHEET 2 OF 2 SHEETS 'PARKING STRUCTURE PARCELS PARCEL MAP NO. 15641 ~~ P.M.B. 192/93-100 26 N 89'55'01° W 2223.15' -~-- I I 407 93' ~ 1107 63 -s-- W 331.99' I SAND s =c,~~~~EY C 'L/O GP~ v ~? ~iP o _, ~ m ~ ~, Exp 6/30/2004 ~, No 3640 ~TglF ~ CAL~F~\P PREPARED UNDER THE SUPERVISION OF I ' ~ I NI ~ O I I MI ~ l19 f-~O ~ NI n ~ N i ol 1 3 I- IN 3 r~i ~ 3 W M MI a0 I ~ in i+'x J1'7J• O> " M M p N OJ ~- NI I- ~- ~~ ~NI( NIrfJ ~ y.I ~~lh y~ ~ ~I 00 b u's ,~ O O bf ~(~, 0p Nm GO bl O)N ~ ~ ~ Z d 1 Z C K G C Z C~ `° POB Z, I I ~~~~~~~~~/ ~~~ W ~ I ~ o ti/ V / ~ - o°-- ~ / Q~ b ~ ~ io ~ j N ^ ti~ ~O Z r C? M = j/ Obi N CULTURAL ARTS ¢ ~ ' "' PARCEL P2 ,~, CENTER PARCEL ~ m `,°~' 1.771 AC. ~„ a / ~ U Qa b o b a = z - --~ ` r__ _~~~_~~ N89'55'01"W 236.00' L~ .. I I ~~ 1 150 75 0 150 GR- SCA~ LEGEND ® INDICATES SUBJECT PARCEL AREA INDICATES SUBJECT PARCEL LI NE 30 2004 INDICATES EXISTING PARCEL LINE ~ I ~~roouo~Mr+rruv~~rrtnal I-c I i-u-u[ • PARKING STRUCTURE PARCELS THOSE CERTAIN PORTIONS OF PARCEL 1 OF PARCEL MAP NO 7966 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 86 AT PAGES 1 THROUGH 3 INCLUSIVE OF PARCEL MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL P1 COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO 7966, THENCE ALONG THE NORTH LINE OF LAST SAID PARCEL MAP, SOUTH 89°55'01" EAST 707 59 FEET, THENCE LEAVING SAID NORTH LINE, SOUTH 00°04'59" WEST 283 20 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED, THENCE CONTINUING ALONG THE SAME BEARING, SOUTH 00°0,4'59" WEST 325 20 FEET, THENCE NORTH 89°55'01" WEST 331 99 FEET; I I THENCE NORTH 00°04'59" EAST 310 20 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEAST, HAVING A RADIUS OF 2500 FEET, THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 36°52'12" AN ARC LENGTH OF 16 09 FEET, THENCE SOUTH 89°55'01" EAST 326 99 FEET TO THE POINT OF BEGINNING CONTAINING 2 478 ACRES OF LAND, MORE OR LESS i, ~ ~ i~, PARCEL P2. ~ ~ ' ' . COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL MAP NO 7966, THENCE ALONG SAID PARCEL MAP, SOUTH 89°55'01° EAST 70759 FEET, THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89°55'01" EAST 407 93 FEET, THENCE LEAVING SAID NORTHERLY LINE, SOUTH 00°04'59" WEST 27320 FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED, THENCE CONTINUING ON LAST SAID BEARING, SOUTH 00°04'59" WEST 10 00 FEET, THENCE NORTH 89°55'01" WEST 10 17 FEET, THENCE SOUTH 00°04'59" WEST 324 61 FEET, THENCE SOUTH 89°55'01" EAST 236 00 FEET, THENCE NORTH 00°04'59" EAST 295 61 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 2500 FEET, THENCE ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39 27 FEET; THENCE NORTH 89°55'01" WEST 55 00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 84 57 FEET, THENCE ALONG LAST SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 23°28'33" AN ARC LENGTH OF 34 65 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 84~ 57 FEET, THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°28'33" AN ARC LENGTH OF 34 65 FEET, THENCE NORTH 89°55'01" WEST 78 45 FEET TO THE POINT OF BEGINNING CONTAINING 1 771 ACRES OF LAND, MORE OR LESS PREPARED UNDER MY DIRECTION STANLEY C MORSE, L S 3640 DATE LICENSE EXPIRES 6-30-04 G \466\061lEGALS\PKG-STR DOC N~~ EXHIBIT A-2 • RATE AND METHOD OF APPORTIONMENT IMPROVEMENT AREA 2 C~ i Q,S~ • RATE AND METHOD OF APPORTIONMENT FOIE ~~ ~ ,~ COMMUNITY FACILITIES DISTRICT N0.2003-O1 OF THE CITY OF RANCHO CUCAMONGA IMPROVEMENT AREA N0.2 A Special Tax as hereinafter defined shall be levied on all Assessor's Pazcels m Community Facihttes Distnct No 2003-01 (Improvement Area No. 2) ("CFD No. 2003-01 (IA No. 2)") and collected each Fiscal Year commencing m Fiscal Yeaz 2003-04, m an amount determu}ed by the Council through the application of the appropnate Special Tax wrtlun each Zone for "Developed Property" and "Undeveloped Property" as descnbed below. All of the real property in CFD No 2003-01 (IA No 2), unless exempted by law or by the provtsions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings. "Acre or Acreage" means the land area of an Assessor's Pazcel as shown on an Assessor's Parcel Map, or if the land azea is not shown on an Assessor's Pazcel Map, the land azea shown on the applicable final map, parcel map, condominium plan, or other map or plan . recorded with the County The square footage of an Assessor's Pazcel is equal to the Acreage of such pazcel multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2 5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the following actual or reasonably esttmated costs duectly related to the administration of CFD No 2003-01 (IA No 2): the costs ofcomputing the Special Taxes and prepanng the annual Special Tax collecrion schedules (whether by the City, a designee thereof or both), the costs of collecting the Spectal Taxes (whether by the County or otherwise), the costs of remitting the Special Taxes to the Trustee, the costs ofthe Trustee (including its legal counsel) m the discharge of the dupes requrded of it under the Indenture, the costs to the City, CFD No. 2003-01 (IA No 2) or any destgnee of either thereof of complying with azbitrage rebate regwrements, the costs to the City, CFD No 2003-O1(IA No 2) or any designee of either thereof of complytng with City, CFD No. 2003- 01 (IA No 2) or obligated persons disclosure requirements; the costs associated with prepanng Special Tax disclosure statements and responding to public inqumes regazding the Special Taxes, the costs ofthe City, of CFD No 2003-01 (IA No 2) or any designee ofeither thereofrelated to an appeal of the Special Tax, and the City's annual admmistrarion fees and third party expenses Administrative Expenses shall also include amounts esttmated or advanced by the City or CFD No 2003-01 (IA No 2) for any other admmtstrarive purposes of CFD No 2003-01 (IA No 2), mcludtng attorney's fees and other costs related to commencing and purswng to completion any foreclosure of delinquent Special Taxes "Administrative Special Tax Requirement" means, for any Fiscal Year, that amount estimated to be required to (i) pay penodic costs on the CFD No 2003-01(IA No 2) Bonds City of Raacho Cucamonga (~ ~ December 9, 2002 CFD No. 2003-01 (!A No. 2) ~J ~ Page 1 other than regularly scheduled debt service, including but not limited to, credit enhancement • and rebate payments on the CFD No 2003-O1 (IA No 2) Bonds as described m the Indenture and due m the' calendar year begmmng m said Ftsca] Year, and (n) pay Admtmstrarive Expenses i "Assessor's Parcel" means a lot or pazcel shown in an Assessor's Parcel Map with an assigned Assessor's pazcel number "Assessor's Parcel Map" means an official map of the Assessor ofthe County designating parcels by Assessor's Parcel number "Assigned Special Tax" means the Special Tax applicable to each Assessor's Parcel of Developed Property, as determined to accordance with Section C below. "Authorized Facilities" means those improvements, as listed on Ex}ubrt "A" to the Resolution of Formation "Backup Special Tax"i means the Special Tax applicable to each Assessor's Parcel of Developed Property; as determined m accordance with Section C below. ~, , ~ ~~, "CFD Administrator" means an official of the Crty, or designee thereof, responsible for determimng the Spectal Tax Regwrement for each Zone and providing for the levy and collection of the Spectal Taxes. "CFD No. 2003-Oi" means Ctty of Rancho Cucamonga Cotnmumty Facilities Distnct No 2003-01 (Victoria Gazdens) ' "CFD No. 2003-O1 (IA No. 2)" means Improvement Area No 2 of CFD No. 2003-01, as identified on the'boundary map for CFD No. 2003-O1. "CFD No.2003-O1(IA No. 2) Bonds" means any bonds or other debt (as defined m Section 53317(d) of the Act), whether in one or more senes, Issued by CFD No 2003-01 and secured solely by Spectal Taxes levied on property within the boundanes of CFD No. 2003-01 (IA No 2) under the Act I "City" means the Ctty of Rancho Cucamonga. "Council" means the Ctty Council of the Ctty of Rancho Cucamonga, acting as the legislative body of CFD No 2003-01 (IA No. 2) "County" means the County of San Bemardmo "Developed Property" means, for each Fiscal Year, all Taxable Property which (t) was within a Final Map that was recorded pnor to January 1 of the previous Fiscal Year, and (ii) for which a building permit for new constmchon was Issued afrer January 1, 2002 but pnor . to January 1 of the previous Fiscal Year City of Rancho Cacamonga ~~- I December 9, 2002 CFD No. 2003-01 (IA No 2) `~ Page 2 "Final Map" means a final map, lot line ad)ustment, or parcel map, or portion thereof, approved by the Ctty pursuant to the Subdrvtston Map Act (Cahfomta Government Code Section 66410 et seq) and recorded with the County Recorder that creates indtvtdua] lots for which building petmtts may be issued The term "Final Map" shall not include any Assessor's Parcel Map or subdivision map or portion thereof, that does not create individual lots for which a building petmtt may be issued, including Assessor's Parcels that are designated as remainder parcels "Fiscal Year" means the penod starting July 1 and ending on the following June 30 "Indenture" means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which CFD No. 2003-O1 (lA No 2) Bonds aze issued, as modified, amended and/or supplemented from time to time "Maximum Special Tao" means the maximum Spectal Tax, determined in accordance with Section C below, that can be levted to any Fiscal Year on any Assessor's Pazcel "Outstanding Zone i Bonds" means (a) the product of (t) the ongmal pnnctpal amount of the CFD No 2003-01 (IA No 2) Bonds minus the pnnctpal amount ofthe CFD No.2003-01 (IA No 2) Bonds that have been paid at matunty, or been redeemed or defeased other than . from prepayments of Spectal Taxes, and (u) the Zone 1 Allocation, minus (b) the pnnctpal amount ofthe CFD No 2003-O1(IA No 2) Bonds that have been redeemed or defeased as a result of the prepayment of Special Taxes by the owners of Assessor's Parcels located in Zone 1 "Outstanding Zone 2 Bonds" means (a) the product of (t) the ongmal pnnctpal amount of the CFD No 20Q3-O1 (IA No 2) Bonds minus the pnnctpal amount ofthe CFD No.2003-O1 (IA No 2) Bonds that have been paid at matunty, or been redeemed or defeased other than from prepayments of Spectal Taxes, and (u) the Zone 2 Allocation, minus (b) the pnnctpal amount of the CFD No.2003-01 (IA No. 2) Bonds that have been redeemed or defeased as a result of the prepayment of Spectal ~ xes by the owners of Assessor's Pazcels located to Zone 2 "Proportionately" means for Developed Property to a particular Zone that the ratio ofthe actual Spectal Tax lery m such Zone to the Assigned Spectal Tax for such Zone is equal for all Assessor's Parcels of Developed Property wtthtn such Zone, or where the Backup Spectal Tax is being levted m a parttculaz Zone that the ratio ofthe actual Spectal Tax levy m such Zone to the Maximum Spectal Tax for such Zone is equal for all Assessor's Parcels upon which a Backup Spectal Tax is being levted wtthtn such Zone For Undeveloped Property in a parttculaz Zone, "Proportionately" means that the ratio ofthe actual Spectal Tax levy per Acre to such Zone to the Maxtmum Spectal Tax per Acre for such Zone is equal for all Assessor's Pazcels of Undeveloped Property wtthtn such Zone . "Public Property" means any property wtthtn the boundanes of CFD No 2003-01(IA No 2) that is used for nghts-of--way or any other purpose and is owned by or irrevocably offered for dedication to the federal government, the State, the County, the Ctty or any other public Cuy of Ratcho Cucamonga c December 9, 2002 CFD No 2003-01 (IA No. 2) ~ d~ Page 3 agency, provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340 I of the Act shall be taxed 'and classified in accordance with its use "Resolution of Formation" means the Resolution of Formation for CFD No. 2003-01 (IA No 2) "Special Tax" means the special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property to fund the Zone I Special Tax Requirement or the Zone 2 Special Tax Requirement . "State" means the State of Cahfomia "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No 2003-01 (IA No 2) which aze not exempt from the Special Tax pursuant to law or Section E below "Trustee" means the trustee or fiscal agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property "Zone" means Zone 1 or Zone 2, as applicable • "Zone 1"means all Assessor's Pazcels located within the boundanes ofZone 1 as delineated m Attachment A to this Rate and Method of Apportioiunent ' "Zone 1 Allocation" means the percentage of CFD No 2003-01 (IA No. 2) Bonds allocated to Zone 1 based on Zone 1's share of the cost of the Authonzed Facilities to be financed from the proceeds of such bond issue(s) The Zone 1 Allocation is 37 80%. "Zone 1 Delinquency Amount" means, for any Fiscal Year, the amount required to (i) replenish any reserve funds for CFD No 2003-O1 (IA No. 2) Bonds m an amount equal to the amount withdrawn therefrom as a result of delinquent Zone 1 Special Taxes, as reasonably deternued by the CFD Administrator, and (n) pay for reasonably anticipated delinquent Zone ]Special Taxes based on the delinquency rate for Special Taxes levied m Zone 1 in the previous Fiscal Year "Zone I Special Tax Requirement" means, for any Fiscal Yeaz, the sum of (i) the Zone 1 Allocation times the Admimstrattve Special Tax Requirement, and (u) the amount required to (a) pay regularly scheduled debt service on all Outstanding Zone I Bonds due in the calendar year beginning m said Fiscal Yeaz, (b) accumulate funds to pay directly for the construction of Authonzed Facilities, and (c) pay the Zone 1 Delinquency Amount, if any, (ni) less a credit for funds available to reduce the annual Special Tax levy within Zone 1, as determined by the CFD Administrator pursuant to the Indenture Ciry of Rancho Cucamonga ~$ December 9, 2002 CFD No 2003-01 pA No 2) Page 4 "Zone 2" means all Assessor's Pazcels located wrilunithe boundanes ofZone 2 as delineated m Attachment A to t}us Rate and Method of Apportrorunent "Zone 2 Allocation" means the percentage of CFD No 2003-01 (IA No 2) Bonds allocated to Zone 2 based on Zone 2's share of the cost of the Authonzed Facrlrtres to be financed from the proceeds of such bond rssue(s) The Zone 2 Allocation rs 62 20%. "Zone 2 Delinquency Amount" means, for any Fiscal Year, the amount required to (~) replemsh any reserve funds for CFD No.2003-01 (IA Nd. 2) Bonds in an amount equal to the amount wrthdrawn therefrom as a result of delinquent Zone 2 Specral Taxes, as reasonably determined by the CFD Admrmstrator, and (u) pay for reasonably anticrpated delinquent Zone 2 Special Taxes based on the delinquency rate for Special Taxes leered in Zone 2 in the prevrous Frscal Yeaz "Zone 2 Special Tax Requirement" means, for any Frscal Yeaz, the sum of (r) the Zone 2 Allocation Mmes the Admrmstrative Specral Talc Requirement, and (n) the amount requrred to (a) pay regularly scheduled debt servrce on all Outstanding Zone 2 Bonds due m the caleridar year beguurrng rn said Frscal Yeaz, (b) accumulate funds to pay directly for the constmctron of Authonzed Facrlrties, and (c) pay the Zone,2 Delinquency Amount, rf any, (ur) less a credit for funds available to reduce the annual Specral Tax levy wrthin Zone 2, as determred by the CFD Admmrstrator pursuant to the Indenture B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Yeaz, all Taxable Property within Zone 1 and Zone 2 of CFD No 2003-01 (IA No 2) shall be classified as Developed Property or Undeveloped Property, and shall be sub)ect to Special Taxes rn accordance with the rate and method of apportionment determined pursuant to Sections C and D below. C. MAXIMUM SPECIAL TAX RATE 1. ZONE 1 a. Zone 1 Developed Property (~) Maximum Specral Tax The Maximum Specra] Tax for each Assessor's Parcel rn Zone 1 classified as Developed Property shall be the greater of (r) the amount denved by application of the Assigned Specral Tax for Zone 1 or (u) the amount denved by application of the Backup Specral Tax for Zone 1 ~~ L_J City of Rancho Cucamonga December 9, 2002 CFD No. 2003-O1 (IA No 2) ~~ Page 5 L~J (u) Asst>;tted Spectal Tax The Asstgned Spectal Tax for each Assessor's Pazce] of Developed Property m Zone 1 of CFD No 2003-01 (IA No 2) shall equal $2,799 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Asstgned Spectal Tax for the prevtous Fiscal Year. (ut) Backup Spectal Tax The Backup Spectal Tax for each Assessor's Pazcel of Developed Property m Zone 1 of CFD No 2003-O1 (IA No 2) shall equal $3,110 per Acre for Ftscal Yeaz 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Ftscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the prevtous Ftscal Yeaz. b. Zone 1 Undeveloped Property The Maximum Spectal Tax for Undeveloped Property in Zone 1 of CFD No. 2003-01 (IA No 2) shall be $3,110 per Acre for Ftscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Ftscal Yeaz thereafter, by an amount equal to two percent (2%) of the Maximum Spectal Tax for the prevtous Ftscal Yeaz 2. ZONE 2 a. Zone 2 Developed Property (t) Maxtmum Spectal Tax The Maxtmum Spectal Tax for each Assessor's Parcel to Zone 2 classtfied as Developed Property shall be the greater of (t) the amount denved by apphcatton of the Asstgned Spectal Tax for Zone 2 or (n) the amount denved by apphcatton of the Backup Spectal Tax for Zone 2 (u) AsstQrted Spectal Tax The Asstgned Spectal Tax for each Assessor's Parcel of Developed Property to Zone 2 of CFD No 2003-01(IA No. 2) shall equal $8,480 per Acre for Ftscal Year 2003-04, and shall tcrease thereafter, cottunenctng on July 1, 2004 and on July I of each Ftscal Year thereafter, by an amount equal to two percent (2%) of the Asstgned Spectal Tax for the prevtous Ftscal Yeaz. Ctty °f Rancho Cucamonga December 9, 2002 CFD No 2003-01 (IA No 2) ~ O Page 6 ~~~ ~ (ut) Backuu Spectal Tax The Backup Special Tax for each Assessor's Pazcel of Developed Property in Zone 2 of CFD No 2003-01(IA No 2) shall equal $9,423 per Acre for Fiscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Fiscal Year thereafter, by an amount equal to two percent (2%) of the Backup Special Tax for the previous Fiscal Year b. Zone 2 Undeveloped Property The Maximum Special Tax for Undeveloped Property in Zone 2 of CFD No 2003-01 (IA No 2)'shall be $9,423 per Acre for Ftscal Year 2003-04, and shall increase thereafter, commencing on July 1, 2004 and on July 1 of each Ftscal Yeaz thereafter, by an amount equal to two percent (2%) of the Maximum Special Tax for the previous Ftscal Year. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX 1. ZONE 1 Commencing with Ftscal Yeaz 2003-04 and for each following Ftscal Yeaz, the Council shall determine the Zone 1 Spectal Tax Requirement and levy the Spectal Tax m Zone 1 until the amount of Spectal Taxes levied m Zone 1 is equal to the Zone 1 Spectal Tax Regwrement. The Spectal Tax shall be levied in Zone 1 each Ftscal Yeaz as follows• First The Spectal Tax shall be levied on each Assessor's Parcel of Developed Property m Zone 1 m an amount equal to 100% of the Assigned Spectal Tax for Developed Property, Second If addtuonal momes are needed to satisfy the Zone 1 Spectal Tax Requirement after the first step has been completed, the Spectal Tax shall be levied Proportionately oneach Assessor's Parcel ofUndeveloped Property to Zone 1 at up to 100% of the Maximum Spectal Tax for Undeveloped Property, Thud If additional momes aze needed to satisfy the Zone 1 Spectal Tax Requirement after the first two steps have been completed, then the levy of the Special Tax on each Assessor's Parcel of Developed Property in Zone 1 whose Maximum Special Tax is equal to the Backup Special Tax shall be increased Proportionately from the Assigned Special Tax up to the Maximum Special Tax for each such Assessor's Parcel . Notwithstanding the above, the Council may m any Fiscal Year levy Proportionately less than 100% of the Assigned Spectal Tax instep one (above) when the Council no longer must levy a Special Tax to Zone 1 pursuant to steps two and three above, and City of Rancho Cucamonga ~~1 December 9, 2002 CFD No 2003-OI (IA No. 2) ` Page ~ (t) al] authonzed CFD No 2003-O1 (IA No 2) Bonds have akeady been tssued, or (n) the Counctl has covenanted that tt wtll not Issue any addittonal CFD No 2003-01 (IA No 2) Bonds (except refunding bonds) to be supported by Special Taxes levted under thts Rate and Method of Apporttottment 2. ZONE 2 Commencing with Fiscal Year 2003-04 and for each following Fiscal Yeaz, the Council shall determine the Zone 2 Special Tax, Requirement and levy the Spectal Tax m Zone 2 until the amount of Special Taxes levted m Zone 2 is equal to the Zone 2 Spectal Tax Requirement The Spectal Tax shall be levied m Zone 2 each Frscal Yeaz as follows Ftrst The Special Tax shall be levied on each Assessor's Pazcel of Developed Property m Zone 2 m an amount equal to 100% of the Assigned Spectal Tax for Developed Property, Second• If additional momes are needed' to satrsfy the Zone 2 Spectal Tax Requirement after the first step has been completed, the Spectal Tax shall be levted Proporttonately oneach Assessor's Pazcel of Undeveloped Property m Zone 2 at up to 100%~of the Maximum Spectal Tax for Undeveloped Properly, Third If addrttonal momes aze needed to satisfy the Zone 2 Spectal Tax Requirement after the first two steps have been completed, then the levy of the Spectal Tax on each Assessor's Pazcel of Developed Property in Zone 2 whose Maximum Spectal Tax is equal to the Backup Spectal Tax shall be Increased Proporttonately from the Assigned Spectal Tax up to the Maximum Spectal Tax for each such Assessor's Pazcel. Notwithstanding the above, the Council may m any Fiscal Year levy Proporttonately less than 100% ofthe Assigned Spectal Tax m step one (above) when the Council no longer must levy a Spectal Tax~in Zone 2 pursuant to steps two and three above, and (r) al] authonzed CFD No 2003-01 (IA No 2) Bonds have already been tssued, or (u) the Council has covenanted that rt will not rssue any addrttonal CFD No 2003-O1 (IA No 2) Bonds (except refunding bonds) to be supported by Special Taxes levted under this Rate and Method of Apportionment. E. EXEMPTIONS 1. ZONE 1 No Spectal Tax shall be levted on Public Property in Zone 1 2. ZONE 2 No Spectal Tax shall be levted on Publtc Property In Zone 2 City of Rancho Cucamonga {L ~ ~ December 9, 2002 CFD No. 2003-01 (IA No. 2) i7 _ _ __ Page 8 ~~ i ~F. REVIEW/APPEAL COMMITTEE Any taxpayer may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current m lus/her payments of Spectal Taxes During the pendency of an appeal, all Spectal Taxes previously levied must be paid on or before the payment date established when the levy was made The appeal must specify the reasons why the appellant claims the Spectal Tax is m error The CFD Adtmntstrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of rts deteimmation Ifthe CFD Administrator agrees with the appellant, the amount of the Spectal Tax shall be appropriately modified The Council may interpret this Rate and Method of Apportionment of Spectal Tax for purposes of clanfymg any ambiguity and make detemvnations relative to the annual administration of the Spectal Tax and any landowner or resident appeals Any decision of the Council shall be final and binding as to all persons G. MANNER OF COLLECTION The Spectal Tax shall be collected in the same manner and at the same hme a~ ordinary ad valorem property taxes, provided, however, that CFD No 2003-01 (IA No. 2) may directly bill the Spectal Tax, may collect Specral Taxes at a different hme or m a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permuted by the Act. H. PREPAYMENT OF SPECIAL TAX Payment in Full Only an Assessor's Parcel ofDeveloped Property, or Undeveloped Property for which a building permit has been issued, may be prepaid The Special Tax obligation applicable to an Assessor's Parcel in CFD No 2003-01 (IA No. 2) may only be prepaid after all authorized CFD No 2003-01 (IA No 2) Bonds have already been issued, or after the Council has covenanted that it will not issue any additional CFD No 2003-01 (IA No 2) Bonds (except refunding bonds) to be supported by Special Taxes levied under this Rate and Method of Apportionment The obligation of the Assessor's Parcel to pay any Special Tax may be peiTiianently satisfied as described herein, provided that a prepayment may be made with respect to a particulaz Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Pazcel at the trine of prepayment An owner of an Assessor's Pazcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay Wrthm 30 days of receipt of such written notice, the CFD Admwstrator shall notify such owner of the prepayment amount of such Assessor's Pazcel Prepayment must be made not less than 45 days prior [o any . redemption date for the CFD No 2003-01 (IA No 2) Bonds to be redeemed with the proceeds of such prepaid Special Taxes Cuy oJRancho Cucamonga {~1 _ December 9, 2002 CFD No 2003-OI (IA No 2) `V W~ Page 9 The Prepayment Amount (defined below) shall be calculated as summanzed below (capitalized terms as defined below) ~ Bond ] plus plus plus less less tedemption Amount Redemption Premium Defeasance Amount Admzmstratzve Fees and Expenses Reserve Fund Credit Caprtahzed Interest Credit Total equals Prepayment Amount ~ ~ As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows I ' Parasrauh No 1 Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. i ' 2 For Assessor's Parcels of Developed Property, compute the Maximum Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which building permits have already been ' 'issued, compute the Maximum Special Tax for the Assessor's~Parcel to be • 'prepaid as though it were already designated as Developed Property, based upon the building permit which has been issued for that Assessor's Parcel Divide the Maxunum Special Tax computed pursuant to paragraph 2 by the estunated Maximum Special Taxes for the entire Zone m which the Assessor's Parcel is located based on the Developed Property Special Taxes which could be chazged m the current Fiscal Year on all expected development in such Zone, excluding any Assessor's Pazcels in such Zone which have been prepazd, and (a) For Assessor's Parcels in Zone 1, multiply the quotient computed pursuant to pazagraph~3 by the Outstanding Zone 1 Bonds to compute the amount of Outstanding Zone 1 Bonds to be retued and prepaid; or (b) For Assessor's Pazcels in Zone 2, multiply the quotient computed pursuant to paragraph 3 by the Outstanding Zone 2 Bonds to compute the amount of Outstanding Zone 2 Bonds to be retired and prepazd (in either (a) or (b) above, the "Bond Redemptzon Amount"). Multiply the Bond Redemptzon Amount for the appropnate Zone computed pursuant to paragraph 4 by the applicable redemption premium (e.g ,the redemption pnce - 100%), if any, on the Outstanding Zone 1 or Zone 2 Bonds to be redeemed (the "Redemption Premium"). • Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or pnncipal payment date following the City ojRancho Cucamorsga December 9, 2002 CFD No. 2003-01 (L4 No 2) ~~ Page 10 f~ current Fiscal Yeaz until the eazhest redemption date for the Outstanding Zone 1 or Zone 2 Bonds, as applicable Determine the Special Taxes levied on the Assessor's Pazcel m the current Fiscal Year which have not yet been pazd Compute the amount the CFD Administrator reasonably expects to denve from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from the date of prepayment until the redemption date for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, to be redeemed with the prepayment. 9 Add the amounts computed pursuant to paragraphs 6 and 7 and subtract the amount computed pursuant to paragraph 8 10. Compute the net present ,value of the amount computed pursuant to paragraph 9, using as a discount rate the rate of return reasonably assumed by the CFD ~Admimstrator m pazagraph 8 (the "Defeasance Amount") 11 The~~admimstrative fees and expenses of CFD No. 2003-01 (IA No. 2) aze as calculated by the CFD Administrator and include the costs of computation of the prepayment,~the costs to invest the prepayment proceeds,~the costs of ~redeemmg CFD No 2003-O1 (IA No 2) Bonds, and the costs of recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses"). 12 The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of (a)~ the expected reduction in the reserve regmrement (as defined m the Indenture), if any, associated with the redemption of Outstanding Zone 1 or Zone 2 Bonds as a result of the prepayment, or (b) the amount denved by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of/Outstanding Zone 1 or Zone 2 Bonds, as applicable, as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero No Reserve Fund Credit shall be granted if the amount then on deposit in the reserve fund for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, is below 100% of the reserve regwrement (as defined m the Indenture). u 13 If any capitalized interest for the Outstanding Zone 1 or Zone 2 Bonds, as applicable, will not have been expended as of the first bond interest and/or pnncipal payment date following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or pnncipal payment (the "Capitalized Interest Credit") City of Rancho Cucamonga (~1 ,, December 9, 2002 CFD No 2003-OI (IA No 2) V `~'~ Page 11 14 The Special Tax prepayment ~s equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 10, and 1 I, less the amounts computed pursuant to pazagraphs 12 and 13 (the "Prepayment Amount") From the Prepayment Amount, the amounts computed pursuant to paragraphs 4, 5, 10, 12 and 13 shall be deposited into the appropnate fund as established under the Indenture and be used to redeem Outstanding Zone 1 or Zone 2 Bonds, as applicable, or make debt service payments The amount computed pursuant to paragraph 11 shall be retained by CFD No 2003-O1 (IA No 2) The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of CFD No 2003-O1 (I,A No 2) Bonds In such cases, the increment above $5,000 or integral multiple thereof will be retained m the appropnate fund established under the Indenture to be used with the next prepayment of CFD No 2003-O1 (IA No. 2) Bonds or to make debt service payments ' Upon confirmation of the payment of the current Fiscal Yeaz's Special Tax lery as deternuned under paragraph 7 (above), the CFD Administrator shall remove the cun•ent Fiscal Yeaz's Special Tax levy for such Assessor's Pazcel from the County tax rolls. With respect to anyAssessor's Parcel for which the Special Tdic obligation is prepaid m full m accordance with this Section H.1 ,the Council shall cause a swtable notice to be recorded m compliance with the Act, to indicate the prepayment • of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Pazcel to pay the Special Tax shall cease Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount ofMaxunum Special Taxes that maybe levied within the entire Zone in which the Assessor's Pazcel's Special Tax obligation is prepaid both pnor to and after the proposed prepayment is at least 1 1 times the maximum annual debt service on all Outstanding Zone 1 or Zone 2 Bonds, as applicable 2. Prepayment in Part The Special Tax on an Assessor's Pazcel of Developed Property and an Assessor's Pazcel of Undeveloped Property for which a building permit has been issued maybe partially prepaid The amount of the prepayment shall be calculated as m Section H 1; except that a partial prepayment shall be calculated according to the following formula PP=PEXF These terms have the following meaning PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H 1 City oJRancho Cucamoaga December 9, 2002 CFD No. 2003-DI (IA No 2) pare 12 F = the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Spectai Tax The owner of any Assessor's Pazcel who desires such prepayment shall notify the CFD Administrator of (~) such owner's intent to partially prepay the Spectai Tax, and (u) the percentage by which the Spectai Tax shall be prepaid, and (tu) the company or agency that wrll be acting as the escrow agent, rf any The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Special Tax for an Assessor's Parcel within thirty (30) days of the request and may chazge a reasonable fee for providing this service With respect to any,Assessor's Pazcel that is partially prepaid, the City shall (r) drstnbute the funds remitted to rt according to Section H.1, and (ir) indicate m the records of CFD No. 2003-01 (IA No 2) that there has been a partial prepayment of the Specral Tax and that a portion ofthe Special Tax with respect to such Assessor's Pazcel, equal to the outstanding percentage (1.00 - F) of the remaining Maxunum Specral Tax, shall continue to be levred on such Assessor's Parcel pursuant to Section D I. TERM OF SPECIAL TAX The Special Tax shall be levied for a penod not to exceed 50 years commencing with Fiscal Yeaz 2003-04, provided however that Specral Taxes will cease to be levred m an earlier Fiscal Yeaz tf the CFD Administrator has determined (i) that all regwred interest and pnncipal payments on the CFD No 2003-O1 (IA No 2) Bonds have been paid, and (tr) all Authonzed Facilities have been constructed K IChmtrllRanchoCucamongolYmronaGardenrL4MAVmprovemenNrea2_3 doc Prepared IZN/02 City of Rancho Cucamonga 1 L I _ ~ December 9, 2002 CFD No 2003-OI (IA No. 2) V ~Q Page 73 PROPOSED BOUNDARIES SHEET 7 OF 1 SHEETS OF CITY OF RANCHO CUCAMONGA COMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVEMENT AREA NO. 2, ZONE 1 SE 2 CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA NA- NM NAP III NAP NAP NAP e '~ q HAP 0 ruP 3 \ H,eP xAP NMI A \ NAP E HA- 1 HAP 9 NAP I NAP N6 I e NAP E NAP NAP ~ o j _ ~ g MAP N x4P a HAP m cAImENS~ ~ _ APxar~xlw S 4= r__________________________~ aaK ~I O NAP 1 HAy ~ p HAPI r MM 3~ a i i 20NE 2 fl I S N I I I 33 I I 1 1 I fi4mCN pp•9 LLC I I /,P11III IIAI ~ I~I 1 1 ]MK HAl MAP j HAP j CMDIICIILLC APII IIIitw I ~ ~ D ~ b ; CNUMW OMDElL4LLC CNUNOII IWDEM9 LLL ~ I ~~Q1w ~ NN al31 W1 I 1 SDAC ~ I % 1 e 1 MAP NAP NAP 1 NA- ytrt4' 1 m N N 1 L______________.- I x.tv MAr --- --~ HAP xwP n w P MAa xAn ___ I 1 1 ZONE 1 M'AP I 1 I I csuac E%PNEICM I I ~~~ 1 I nsfAG I I GRAPHN: SCALE 1 1 1 F sm o as SW om am i , ~ / rc / O INfEEiI / GSMECE%PMISp11 2 IM.OW 4 / IPN aPNIdI 13QK CSMe CF].PNIS4N Yp6E5510°- AR1}SWlIQ ~O tV ( Yt &19 AC ~ ~'I. ~ Mw Mb6 ^ ~ ~a ~,E~ fREO N ME OFFFE OF THE CrtY CLFAR Of 1XE CItt CF 0.VFX0 CMGW:N6YT115_MY OFD EDIT MDS CGNSIILTIN V• CRY CLEPK Gf THE C1iY OF MNCRO NCAMp10A 1 MEPEBY CE1rtiY l1Mi IME WItNN MV $MGwMG PRWOSE00WNDYiES CFCRY Cf PANC1q CUGAFNfJ WINLWiY iRC4111E506iRFTlp ]lV3Ut IMPROVFMFMMFAIO) S ClT' Oi PNMXOCIIGM]ITA CWNIY OF SW SERN5RON0 STAiE Cf CKiORNN WA9 MPROJED BY ilE [EIY CONRCF THE Grv Of FWICRO C14WYb0iAAiRRE4VIAR eFETNG TXERECf RELO ON THE _ DAY Cf_~ 300 By RS RESCl11iRIN NO J CRY CIE W(Of T4 CT'Cf NINCW CVCY.gK.A GLLED IMIS~DAY OF_~P]_AT TIEMWfl CF OCICCK _µ NOC(Yt OFMW9 Cf A53E33MFNi.WJ LDMWNiY iACIR¢5 ORiRFTSAi PAGE_~ N INEOfFFE Cf i11F CWN1Y RECOROEfl N IMECpNiY OF SVI SEANAR~/\M~{.q/f~~$T~/A~JTAOf\CNFGRMt CWNIY IIECGiDER OF CQM1YCf NN OEWWDN] C/ i' COMMUNITY FACILITIES DISTRICT N0.2003-01 IMPROVEMENT AREA N0.2 ZONE 1 ASSESSOR PARCEL NUMBERS 229-021-62 229-021-63 229-021-64 ZONE 2 ASSESSOR PARCEL NUMBERS 227-211-39 227-211-40 227-211-41 227-211-42 227-211-43 h~~ u ' EXHIBIT B-1 Assigned Special Taxes for Developed Property Community Facilities District No. 2003-O1 Improvement Area 1 W l._ J T~ EXIIIBIT B-2 n ~~a Assigned Special Taxes for Developed Property Community Facilities District No. 2003-O1 Improvement Area 2 ~~~ EXIIIBIT C-2 Maximum Special Taxes for Undeveloped Property Community Facilities District No. 2003-O1 Improvement Area 2 • a~ PROPOSED BOUWDARIES SHEET 7 OF 1 SHEETS OF CITY OF RANCHO CUCAMONGA CAMMUNITY FACILITIES DISTRICT NO. 2003-01 IMPROVERAENT AREA N0.11 CITY OF RANCHO CUCANIONGA, CGUNTY OF SAN EERNARDINO, STATE OF CALIFORNIA r I a ~ i tltltl j i i ~ ~ I ,' i 1 1 I yy I i i J I , , ~ I i I I ~ 1 i I ___r- MAP I _______ ~1wDNRam _______ fl/E~DMTME Pi4E OF THE GIYQEW(MTNE tlfYOf RIMNOCOI'lMp1f.ETltl ~YOF ~{(y:W~ N/iL~ Sd.... Q~ ~- T'GlEM Ci1LI gNUDMA~NOR J 1Lnbi Leaewo: rmATaTERN1m E1(ME rwoow nlortlm GRMWC BCALE Em D a6 m on YW (M iEETI , nm • nab a . not ros coNSULnNc IAE9iN5_WYOf~]W_Ai 1NE N01110f_O(yOLR_M IN IOfiN_CR WPp Cf 4VEf~ bM MD LOM.I1MTV iALAfIES OI$lWGi1 AT PAOE ~ N 111E OfiK4 Oi 111E CP1MY RECdSER N i11E LOVNY/ Of }~N NiRW10N0`/II~tAT~E/CF~C~ILi^p/M~A fAl1Ntt RECORDER OFCWNiY CFIMV YE.W41Oiq ~,/ ~ / T H E C I T Y O f RANCftO CUCAMONGA StaffR+epol"t DATE: May 28, 2003 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner gy; Rick Fisher, Contract Planner SUBJECT• TENTATIVE PARCEL MAP SUBTPM16139 - PORTOLESI - A request to subdivide a 5 14 acre property into 6 parcels in Subarea 13 of the General Industrial District, located at the northwest corner of 6th Street and Charles Smith Avenue - APN: 0229-262-30 and 32 Related Files Development Review DRC2002-00697 and General Plan Amendment GPA2002-00003. On March 12, 2003, a Mitigated Negative Declaration was adopted by the Planning Commission for Development Rewew DRC2002-00697 The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent protects within the scope of the previous Negative Declaration. BACKGROUND' A The Planning Commission approved Development Rewew DRC2002-00697 on March 12, 2003 The protect was a request to construct six industrial buddmgs ranging in size from 6,270 square feet to 13,774 square feet and will contain one bwlding on each lot. Each bwlding wdl contain an office area and mezzanine with a small warehouse area in the rear that will contain surface level loading doors. The proposed design of the buddmgs complies with the Design Gwdelines of the Development Code, and the site has been designed with suffiaent parking spaces for each proposed lot The perimeter of the site wdl be landscaped to screen the parking areas from view. The 5.14-acre project site is triangular in shape and is surrounded by streets on three sides. The proposed tentative parcel map wdl create six lots' Parcel 1 = 41,793 square feet, Parcel 2 = 24,399 square feet, Parcel 3 = 33,392 square feet, Parcel 4 = 33,408 square feet, Parcel 5 = 29,662 square feet, and Parcel 6 = 34,467 square feet Each parcel meets the ~h acre minimum parcel size permitted in Subarea 13 of the General Industrial Distract. B Desicn Rewew Committee: The Committee (Macias, McPhail, Fong) reviewed the protect on May 6, 2003, and recommended approval to the Planning Commission C Environmental Assessment An Initial Study was prepared for this property for Development Review DRC2002-00697 The Planning Commission adopted a Mitigated Negative Declaration on March 12, 2003 No further impacts will result from the Tentative Parcel Map ITEM D PLANNING COMMISSION STAFF REPORT SUBTPM16139 - A J PORTOLESI . May 28, 2003 Page 2 CORRESPONDENCE This item was advertised as a public heanng in the Inland Vallev Dady Bulletin newspaper, the property was posted, and notices were marled to all property owners within a 300-foot radws of the project site RECOMMENDATION Staff recommends approval of Tentative Parcel Map SUBTPM 16139 through the adoption of the attached Resolution of Approval and Issuance of a Mitigated Negative Declaration. Respectful) submitted Brad uller City Planner BB RSF\ma Attachments: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Draft Resolr - Site Utilization Map - Tentative Parcel Map - Design Rewew Committee Action Comments dated May 6, 2003 - Planning Commission Staff Report for DRC2002-00697 dated March 12, 2003 Ilion of Approval for SUBTPM 16139 ~a 5(fE UT1L{~A~o^~ t'nftP WAREHOUSE INDUSTRI9Y ~ MANUFf1 TURING ~, ~ s °. WAREJ~fbUSE SITE ~ .~ %, WAREHOUSE VA~ANT . J I /( 1 WAREHOUSE „svx~ VACANT (VACANT COMMERCIAL/ WAREHOUSE ~~ ~~ s 2 V Scale: Exy~$~r -~-, 4~ W~ ~~ Q ti W -- ~---~ vi ~ / k~'~ 1 " = 300' s .S = _i - A n8 c s 7 gp b e i+ a i ? u~ i g o }aa a c aa?d ~ _ E~ s a ~F _~~~~ ~.~ M L x 4g e~a~x ~0.~£ e:'~.$¢F~ i y,p ~ t~ En~ ~a; i E ttT ~ ~ ~~ ~ w$~ ~ a CO 4 ^~ b ~~ ~~~ Y~~Y~ e~l~~ ~~¢~~ ~~~~ ~0.~~' aWa°~ ~ ~h~~~ $ a~ W tF'_ ~ ~,~ g ~~t ~ K i~ ~• `~ ~`u 1 f R 3 S ~ gfiY ~ ° ~ ^ p ar ~~ 6Qq ~,~ 74 ` e ~~~ ads 3 Q: E ~ ~~ i ~ ~a is =p~ zs _ y ~3$i aE ti ~ ~ ~a $EE ~ .~F ,6 ~ z~ a ~l ~P ~. p fl ss$ ~~a e St e R~ 5> 4 ~~ 9~ ~ i ~1 .~,~~ ,~~, ~ ~~~I i ~-~ - ~~I i~ ;' I ~~ 1 t2 ~.: ~~ I ,~ ~~v~~ {~ LJ u ~t aa:~ ~X~~s~T "8" ~~ DESIGN REVIEW COMMENTS 7 35 p m Rick Fisher May 6, 2003 ENVIRONMENTAL ASSESSMENT, PARCEL MAP SUBTPM 16139 - A J PORTOLESI - A Tentative Parcel Map to subdivide a 514 acre property into six parcels in Subarea 13 of the General Industnal Distnct, located at the northwest comer of Charles Smith Avenue and 6th Street - APN 0229-262-30,32 Related files DRC2002-00697 and GPA 2002-00003. BACKGROUND• The Committee reviewed and approved Development Revew DRC2002-00697 on February 18, 2003 The protect consisted of six mdustnal bwldmgs ranging in size from 8,270 square feet to 13,774 square feet The applicant subsequently decided to subdivide the property into six parcels and sell each lot individually The proposed parcels range m size from 24,399 square feet to 41,793 square feet Each parcels meets the one-half acre minimum parcel size permitted in Subarea 13 of the General Industnal Distnct. Staff Recommendation• Staff recommends that the Committee approved the pro~ectas presented. Design Review Committee Action Members Present Rich Macias, Chns McPhail, Nancy Fong Staff Planner Rick Fisher The Committee approved the protect as recommended EXHIBIT "C" D5 T H E _C I T Y O F RANCHO CUCAMONGA Staff Report DATE March 12, 2003 TO Chairman and Members of the Planning Commission FROM Brad Buller, City Planner gy: Rick Fisher, Contract Planner SUBJECT ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW - DRC2002-00697 - A.J. PORTELESI - A request to construct six Industnal buildings ranging in size from 8,270 square feet to 13,774 square feet, totaling 67,419 square feet on 5 14 acres of land in the General Industrial Distnct (Subarea 13), located on the northwest corner of Charles Smith Avenue and 6th Street and a request to vacate an off-ramp easement - APN: 0229-262-30 and 32. PROJECT AND SITE DESCRIPTION: A. Surroundin g Land Use and Zoning• North - Vacant, General Industnal South - Vacant, General Industnal East - Vacant, General Industrial West - Industnal, General Industrial B. General Plan Designations• Project Site - General Industnal North - Generallndustrial South - General industrial East - General industrial West - Generallndustnal C Site Characteristics The site Is currently vacant and previously used for growing grapes, with remnants of grape vines located throughout The site Is relatively flat topographically with very little remaining natural vegetation. Bare soil is exposed throughout the site between the grapevines D Parking Calculations. Number of Number of Square Parking Spaces Spaces Type of Use Foota a Ratio Required Provided Six Industrial Buildings 39 151 Office/Mezzanine 9,672 1/250 115 152 Warehouse 57.747 1/500 154 303 TOTALS 67, 419 EXHIBIT "D" ~~ • PLANNING COMMISSION STAFF REPORT DRC2002-00697 - A J PORTELESI March 12, 2002 Page 2 ANALYSIS. A General The 5 14-acre protect site is tnangular in shape and is surrounded by streets on three sides The office portion of the buildings will front the public nght-of-ways of Rochester Avenue, Charles Smith Avenue, and 6th Street The loading areas are oriented toward the intenor of the site The six buldings will range in size from 8,270 square feet to 13,774 square feet and will be used for manufactunng and warehouse activities Each building will contain an office area and mezzanine with a small warehouse area in the area that will contain surface level loading doors. The perimeter of the site will be landscaped to screen the parking areas from view A grape vineyard will be planted at the comer of Charles Smith Avenue and Rochester Avenue to commemorate the area's history as awine-producing region The extenor of the concrete tilt-up buildings will contain a vanety of accent features The office entrances will contain green glass storefront doors and windows The walls faang public streets will feature a 3/4-inch sandblasted textured firnsh and will be designed to look like mountains The budding footpnnts will be staggered and off set from one another to break up the linear appearance that is common to industrial buildings The proposed design of the buildings complies with the Design Guidelines of the Development Code, and the site has been designed with sufficient parking spaces to accommodate the uses l3 Design Review Committee. The Committee (McNiel, Stewart, Coleman) reviewed the project on January 14, 2003, and recommended several revisions The applicant agreed to the changes and has worked diligently with staff to address those identified issues The Committee (McNiel and Stewart) reviewed the revised development plans on February 18, 2003, and recommended approval subtect to those conditions (Exhibit "G") The applicant has revised the plans to reflect those Conditions of Approval C Technical Review Committee: The Committee reviewed the project and recommended approval subject to the conditions as outlined in the attached Resolution of Approval. D Environmental Assessment• The applicant completed Part I of the Irntial Study and staff completed Part II, the Environmental Checklist (Exhitibit "H") Staff determined the project could have a significant adverse impact on short-term air quality dunng the preparation of the site for construction, such as grading and the exhaust from the equpment With mitigations, the potential for impact can be reduced to a level less than significant, therefore, staff recommends the issuance of a Mitigated Negative Declaration E Vacation of the Offer of Dedications Staff is recommending the processing of the vacation of the offers of dedication for the 6th Street, I-15 Freeway off-ramp Staff does not have any detailed plans for the ramp at this location In fact, staff has been coordinating a study through Caltrans to have an interchange at Arrow Route instead of at 6th Street The General Plan acknowledges the possibility of an interchange at Arrow Route in-lieu of the 6th Street interchange Therefore staff recommends the Planning Commission find the vacation of the offers of dedications for the 6th Street, I-15 Freeway off-ramp to be in conformance with the General Plan. u D`~- PLANNING COMMISSION STAFF REPORT DRC2002-00697 - A.J. PORTELESI March 12, 2002 Page 3 CORRESPONDENCE: This item was advertised as a public heanng in the Inland Valley Daily Bulletin newspaper, the property was posted, and notices were mailed to all property owners within a 300-foot radius of the protect site. RECOMMENDATION: Staff recommends approval of Development Rewew DRC2002-00697 through adoption of the attached Resolution of Approval and issuance of a Mitigated Negative Declaration. Respectfully submitted, Bra Buller City Planner BB:RSF:mIg Attachments• Exhibit °A' Exhibft °B° Exhibit °C° Exhibit 'D° Exhibit °E° Exhibit 'F' Exhibit 'G° Exhibit °H° Exhibit °i° Draft Resol - Site Utilization Map - Detailed Sfte Plan • - Conceptual Grading Plan - Conceptual Landscape Plan - Elevations - Floor Plans - Design Review Committee Action Comments dated January 14, 2003 and February 18, 2003. - InRial Study - Off-ramp Easement ution of Approval for DRC2002-00697 Feb 15 03 01:07p MU~CIfifiS OUTLET 176684901 P_2 rare : rwc w. : rE~-sas-~ rya. is aaas na:aa~ ri 8TH STREET wAReHOUSrr INDUS7Rl MANUF TURING ` ' ~ ~ ~ ~,, f WAR£N~US£ j ~ ' tiI! ~ ~ , YAL~ ~ mfr 1 .~ + r., WARFl~OUSE ~ ~ Q , J- ` ~ ~ ~ i VACAN ~ ~ ~. r, / ~ ~ ' ~ VA 2 ~ - ~ ~ ~ ' . J YA NT i i ~. ~.. -' ~-= r ' -- y -- b,~j- ~ ~ vacAlvr vacANr vpC~ ~ ~/ ` WAREHOUSE '~' ~' "~ ` ~ COMMERCIAL/ x ~- ~ ' ` WARENOUSE '~ .~ a. ..,~ ~ Cx? H ~ a s Scale: 9 " = 300' 0177 F11git10B/i//9 ~~-eu 6tw11k R. Safe C-7 ABl ALIt[R1 Lond Swvrying Fben oiawt Cai7onw !17749 (/80) 3i6-8015 RKF nrw/sFanet ~~) '~ Tsf9 lr~ fOrtP2TID/ OGW+1m4 p:. ~ 1'~H--~ ~ Joe PortoLesi '°p .4 .. I ~"•°0~••~ v~NCVYV'm oWiW'd >vsw. .G4.. ~u ~ ~ ~~+aal uv-9 `mod ~J1eeNz~l - - - -- `-~ -- _ -~---- ~ ~' `TT_ II i^ 4~T ~g~~xpy it ~~[ -__-~-~'~.- -~ 4_ ~rxa~ a...... a: ~, 3-f995S ~ ~o O 3 ~ ~ 3adaai® ~,' ~ ~~ ~ j,".,• , -_-_-___ IS6~eeC ~ A 4 ~;, e ~ 0 6r ~ / ~ ` , ~ 4 4 _~ Qr ~ -o^e J I~ o m ~~ I ~- -,, I II L ~ :e, - ~It ~_ li ~ ~ ~S ~ o ..~ ~y tJ ~ >R 4y S O IlO p p `;4 ~,o~ ;~~ . e ~~~`~~; - - _<- - - •a~ o ~°td~ one. flm o04. m~-= ~^ `e,1 i. ,, T a ~--' :- '~ ~ ~-- -- r _ ~- 1 - r 55 4 S i p~ ~ I ~I I .I ^ a 0 ~a I I V' y ~9 I - oN~~,9 ~ ~~$ .:.~..~ I O .. _ . ~... __. I I I ''c,~`a y~ma o,~ r _~ ~~ ~ ~ ~ - -4- ~'; ,- I_ 1 s --~-- I -IN I~ ~I ~I __`i~J.x-._. .. -- ----~-_ t;i: ~ o c .. e~i~:: ieii~imi ..eeelbn iili~i } p~ }g.~~ lm ~S~lii ~~ m ~' ~ `'~ !; j J ~~ I r ~~ ,..A.~. ~..., ~ X1,,b-T ~~, 3~~~~~ 3 ~~ S~ ~~ i `. ,® RESOLUTION NO . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP SUBTPM16139, A 6-LOT SUBDIVISION OF 5 14 ACRES OF LAND IN SUBAREA 13 OF THE GENERAL INDUSTRIAL DISTRICT, LOCATED AT THE NORTHWEST CORNER OF 6TH STREET AND CHARLES SMITH AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APN. 0229-262-30 AND 32 A. Recitals 1 A J Portolesi filed an application for the approval of Tentative Parcel Map 16139, as described m the title of this Resoluiion Hereinafter in this Resolution, the subtect Tentative Tract Map request is referred to as "the application " 2 On the 28th day of May 2003, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public heanng on the application and concluded said heanng on that date 3 All legal preregwsites poor to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Plannng Commission of the Gty of Rancho Cucamonga as follows i 1 This Commission hereby speGfically finds that all of the facts set forth m the Rectals, Part A, of this Resolution are true and correct. 2 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng on May 28, 2003, including written and oral staff reports, together moth public testimony, this Commission hereby speGfically finds as follows a The application applies to property located at the northwest comer of 6th Street and Charles Smrth Avenue, moth a street frontage of 446 feet and lot depth of 600 feet, and is presently vacant, and b The properties to the north, south, and east are vacant, and the property to the west rs mdustnal, and c The design of the proposed subdivisions complies with the Development Standards and design Guidelines of the Development Code, and d The site wdl contain suffiGent parking spaces to accommodate the proposed project, and e The protect moll not have a significant impact on the environment, and f The protect proposes to subdivide the land into 6 parcels, each vnth an mdustnal budding previously approved on March 12, 2003, under Development Review 2002-00679, and for which a Mitigated Negative Declaration was adopted on the same date . 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced public heanng and upon the speafic findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and concludes as follows pia PLANNING COMMISSION RESOLUTION NO SUBTPM16139 - A J. PORTOLESI • May 28, 2003 Page 2 a That the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans; and b The design or improvements of the tentative parcel map is consistent with the General Plan, Development Code, and any applicable specific plans, and c. The site is physically suitable for the type of development proposed, and d The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, and The tentative parcel map is not likely to cause serious public health problems, and f The design of the tentative parcel map vnll not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 4 Based upon the facts and information contained in the proposed protect, togetherwith all wntten and oral reports included for the environrtlental assessment for the approval of Development Review DRC2002-00697, the protect is in substantial conformance with the approved Development Review. Therefore, no additional environmental assessment was conducted with the Tentative Parcel Map The Planning Commission approved the Development Review on March 12, 2003, . which inGuded an Environmental Assessment, Mitigated Negative DeGaration, and Mitigation Monitonng Plan This application is substantially consistent with the approved Development Review; therefore, no further environmental review was deemed necessary. 5 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby approves the application subject to each and every cond~ion set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference. Planning Division 1) Reciprocal parking and access shall be recorded between all parcels Enaineenng Division 1) Missing improvements along the property frontage shall be improved inGuding, but not limited to, curbs and gutters, street lights, street trees, dnve approaches, pavement, sidewalk, signing, stnping, etc. Rochester Avenue is a City "Mayor Street," 6th Street is a City "Major Divided Artenal" west of Charles Smith Avenue and a "Mayor/Secondary" east of Charles Smith Avenue, and Charles Smith Avenue is a City "Local Industnal" street. 2) Rochester Avenue dnveway sight lines shall be maintained unobstructed Place a restnction on the final parcel map where the line-of-sight area of contain extends well into the parcel to prevent • obstruction and to assure continued maintenance of these areas in the future 3) Complete 6th Street median to Charles Smith Avenue ~~~ PLANNING COMMISSION RESOLUTION NO SUBTPM16139 - A J PORTOLESI May 28, 2003 Page 3 4) A portion of 6th Street is listed as an improvement eligible for transportation fee credit and/or reimbursement The exact limits of improvements eligible shall be determined dunng plan check consistent with the backbone concept. The reimbursement request shall be processed within soc months of the improvement being accepted by the City Council or the nght to reimbursement shall terminate 5) Reconstruct the east side of Charles Smith Avenue, as required by the City Engineer. g) Charles Smith Avenue, north and south of 6th Street, shall align. Any realignment of Charles Smith Avenue shall take into consideration relocation of underground facilities 7) Provide for the construction of Charles Smith Avenue south of 6th Street, to align with Charles Smith, north of 6th Street The full extent of improvements is subject to review by the City Engineer 8) Permanent improvements on Charles Smith Avenue are eligible for developer-to-developer reimbursement The reimbursement request shall be processed within six months of the improvements being accepted by the City Council or the nght to reimbursement shall • terminate g) An in-lieu fee as a contnbution for future undergrounding of the existing overhead utilities (telecommunications and electncal except for the 66 Kv electncal) on the opposite side of 6th Street and Charles Smith Avenue shall be paid as applicable pnor to issuance of building permits. The fee shall beone-half the City adopted unit amount times the length of the frontage 10) For the City to abandon the dedicated freeway ramp easement, a vacation application shall be processed 11) All propertyvnthin this site boundary lying east of the new centerline of Charles Smith Avenue shall be dedicated to the City as a street nght-of--way easement. 12) Remove the unused portion of Charles Smith Avenue and re-establish any facilities within this area 6 The Secretary to this Commission shall certify to the adoption of this Resolution APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2003 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA • BY- Lany T McNiel, Chairman D~~ PLANNING COMMISSION RESOLUTION NO SUBTPM16139 - A J PORTOLESI May 28, 2003 Page 4 ATTEST• Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planrnng Commission held on the 28th day of May 2003, by the following vote-to-wit AYES. COMMISSIONERS. NOES COMMISSIONERS ABSENT: COMMISSIONERS. 1r1 LJ u ~~ •~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: SUBTPM 16139 (RELATED FILE• DRC2002-00697) SUBJECT: TECHNICAL REVIEW COMMITTEE APPLICANT: JOE PORTOLESI LOCATION: NORTHWEST CORNER OF 6TH STREET AND ROCHESTER AVENUE ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: omoleLOn Date A. General Requirements 1 The applicant shall agree to defend at his sole expense any action brought against the City, ~~_ its agents, officers, or employees, because of the issuance of such approval, or in the alternative, to relingwsh such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be regwred by a court to pay as a result of such action The City may, at its sole discretion, partiapate at its own expense in the defense of any such action but such participation shall not relieve applicant of his obligations under this condition 2 Copies of the signed Planning Commission Resolution of Approval No.®, Standard J~_ Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not requved to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits 1 This tentatroe parcel map shall expire, unless extended by the Planning Commission, unless ~~_ a complete final map is filed with the City Engineer within 3 years from the date of the approval C. Site Development 1 The site shall be developed and maintained in accordance with the approved plans which ~~_ include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on ftle in the Planning Division, the conditions contained herein, and Development Code regulations 2 Prior to any use of the protect site or business activity being commenced thereon, all _/~_ Conditions of Approval shall be completed to the satisfaction of the City Planner D~~ SC-03-03 1 Protect No SUBTPM16139 Comolet~on Date 3 Occupancy of the facilities shall not commence until such time as all Uniform Building Code ~~~ and State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fire Protection Distract and the Budding and Safety Division to show compliance The buildings shall be inspected for compliance prior to occupancy 4 Revised site plans and building elevations incorporating all Conditions of Approval shall be ~~_ submitted for City Planner review and approval pnor to the issuance of building permits 5 All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for ~~_ consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc) or pnor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes fast 6 Approval of this request shall not waive compliance with all sections of the Development ~J_ Code, all other applicable Ctty Ordinances, and applicable Community or Specific Plans in effect at the time of building permit issuance 7 A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and ~~_ approved by the City Planner and Police Department (477-2800) prior to the issuance of building permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 6 Trash receptacle(s) are required and shall meet City standards The final design, locations, ~~_ . and the number of trash receptacles shall be subtect to City Planner review and approval prior to the issuance of building permits. 9 All ground-mounted utility appurtenances such as transformers, AC condensers, etc , shall ~~ be located out of public view and adequately screened through the use of a combination of ~ concrete or masonry walls, berming, and/or landscaping to the satisfaction of the City Planner For single-family residential developments, transformers shall be placed in underground vaults 10 All building numbers and individual units shall be identified in a clear and concise manner, ~~_ including proper illumination 11 All parkways, open areas, and landscaping shall be permanently maintained by the property ~~_ owner, homeowners' association, or other means acceptable to the City Proof of this landscape maintenance shall be submitted for City Planner and City Engineer review and approved prior to the issuance of building permits. 12 The developer shall submit a construction access plan and schedule for the development of ~~_ all lots for City Planner and City Engineer approval, including, but not limiled to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing D. Bui lding Design 1 Ali roof appurtenances, including air conditioners and other roof mounted equipment and/or ~~_ protections, shall be shielded from view and the sound buffered from adtacent properties and streets as required by the Planning Division Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in building plans 2 For commercial and industrial protects, paint roll-up doors and service doors to match main ~~ building colors D~~- SC-03-03 Protect No SUBTPM16139 Completion Date E. Parking and Vehicular Access (indicate details on building plans) 1. All parking spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 11 feet wide 2 Ail parking lot landscape Islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adjacent to the parking stall (including curb) 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per City standards. 4 Plans for any security gates shall be submitted for the City Planner, City Engineer, and Rancho Cucamonga Fire Protection Distract review and approval prior to Issuance of building permits For residential development, prroate gated entrances shall provide adequate turn- around space in front of the gate and a separate visitor lane with call box to avoid cars stacking into the public right-of-way 5 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parking stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 6 Motorcycle parking area shall be provided for commercial and office facilities with 2fi or more parking stalls Developments with over 100 parking stalls shall provide motorcycle parking at the rate of one percent. The area for motorcycle parking shall be a minimum of 56 square feet F. Trip Reduction 1. Bicycle storage spaces shall be provided In all commercial, office, Industrial, and multifamily residential projects of more than 10 units Minimum spaces equal to five percent of the required automobile parking spaces or three bicycle storage spaces, whichever is greater. After the first 50 bicycle storage spaces are provided, additional storage spaces required are 2.5 percent of the required automobile parking spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2.5 percent of the required automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking spaces regwred exceed 100. Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number. 2 Carpool and vanpool designated off-street parking close to the building shall be provided for commercial, office, and industrial facilities at the rate of 10 percent of the total parking area If covered, the vertical clearance shall be no less than 9 feet 3 For industrial projects with at least 40 car parking spaces, bicyclist-changing facilities shall be provided to encourage bicycle commuting Accessible restrooms with storage lockers for clothing and equipment shall be sufficient G. Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval prior to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 Existing trees regwred to be preserved in place shall be protected with a construction barrier in accordance with the Municipal Code Section 19 OS 110, and so noted on the grading plans The location of those trees to be preserved in place and new locations for transplanted trees shall be shown on the detailed landscape plans The applicant shall follow all of the arborist's recommendations regarding preservation, transplanting, and trimming methods D\~ SC-03-03 3 -~-~- ~~- ~-~- ~~- ~~. ~~- ~~_ ~~- ~~- ~~- ~~. H. J. Protect N O SUBTPM76139 Completion Data 3 A minimum of 20% of trees planted within industrial protects, and a minimum of 30% within ~~~ commercial and office protects, shall be specimen size trees - 24-inch box or larger 4 Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three ~_/_ parking stalls 5 Trees shall be planted in areas of public view adtacent to and along structures at a rate of _/~_ one tree per 30 linear feet of budding 6 Front yard and corner side yard landscaping and vrigation shall be regwred per the _J~- Development Code This regwrement shall be in addition to the requred street trees and slope planting 7 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be ~-J- included inthe required landscape plans and shall be subtect to City Planner rewew and approval and coordinated for consistency with any parkway landscaping plan which may be regwred by the Engineering Division. 8 Landscaping and vngation systems regwred to be installed within the public right-of-way on ~~_ the perimeter of this protect area shall be continuously maintained by the developer 9 All walls shall be provided with decorative treatment If located in public maintenance areas, J~_ the design shall be coordinated with the Engineering Division 10 Tree maintenance criteria shall be developed and submitted for City Planner rewew and ~~_ approval prior to issuance of bwlding permits These criteria shall encourage the natural growth characteristics of the selected tree species 11 Landscaping and vngation shall be designed to conserve water through the pnnaples of l C d ~.~~ o e Xeriscape as defined in Chapter 19 16 of the Rancho Cucamonga Municipa Sig ns 1 A Uniform Sign Program for this development shall be submitted for City Planner rewew and ~~_ approval prior to issuance of bwlding permits Environmental 1 Mitigation measures are requred for the protect The applicant is responsible for the cost of _J~- implementing said measures, including monitoring and reporting Applicant shall be regwred to post cash, letter of credit, or other forms of guarantee acceptable to the City Planner in the amount of $719 00 prior to the issuance of bwlding permits, guaranteeing satisfactory performance and completion of all mittgatton measures These funds may be used by the City to retain consultants and/or pay for City staff time to monitor and report on the mitigation measures Failure to complete all actions regwred by the approved environmental documents shall be considered grounds for forfeit Oth er Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and ~_/_ location of mailboxes Multi-family residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of building permits D\~ SC-03-03 Protect No SUBTPM16739 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1 Submit five complete sets of plans including the following -/~- a Site/Plot Plan, b Foundation Plan, c. Floor Plan, d. Ceiling and Roof Framing Plan, e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single line diagrams, f. Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating • and av conditioning, and g Planning Division Protect Number (i e , TT #, CUP #, DR #, etc.) clearly identified on the outside of all plans 2 Submit two sets of structural calculations, energy conservation calculations, and asoils -/~- report Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal 3 Contractors must show proof of State and City licenses and Workers' Compensation -/~- coverage to the City prior to permit issuance 4 Separate permits are required for Penang and/or walls -/~- 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by ~~- the Building and Safety Division. L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be ~~- marked with the protect file number (i e , DRC2001-00001) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts 2 Prior to issuance of building permits for a new commeraal or industrial development protect ~-/- or mator addition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to' City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees Applicant shall provide a copy of the school fees receipt to the Bwlding and Safety Division prior to permits issuance 3 Street addresses shall be provided by the Building and Safety Offiaal after tracUparcel map -/~- recordation and prior to issuance of bwlding permits 4 Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday ~/- through Saturday, with no construction on Sunday or holidays D p~.~ SC-03-03 Prgect No SUBTPM76139 Completion Date 5. Construct trash enclosure(s) per City Standard (available at the Planning Division's public ~___/~ counter) M. New Structures 1 Provide compliance with the Califorma Bwldmg Code (CBC) for property line clearances _J-/- considenng use, area, and fire-resistiveness. 2 Provide compliance with the California Building Code for required occupancy separations _/_/- 3 Plans for food preparation areas shall be approved by County of San Bernardino ___/_/- Enwronmental Health Services prior to issuance of bwlding permits 4 Provide draft stops in attic areas, not to exceed 3,000 square feet, in accordance with CBC .-/-/- Section 1505 5 Exterior walls shall be constructed of the requred fire rating in accordance wRh CBC ~___/- Table 5-A 6 Openings in exterior walls shall be protected in accordance with CBC Table 5-A ___/~- 7 Upon tenant improvement plan check submittal, additional requvements may be needed ~___/_ N. Grading 1 Grading of the subject property shall be in accordance with California Bwldmg Code, City ___/_/- Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2. A soils report shall be prepared by a qualified engineer licensed by the State of California to _/_/ pertorm such work 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at ~~- the time of application for grading plan check 4 The final grading, appropriate certificabons and compaction reports shall be completed, _/~- submitted, and approved by the Bwldmg and Safety Offiaal prior to the issuance of bwlding permits 5 A separate grading plan check submittal is regwred for all new construction projects and for ~_/- existing bwldings where improvements being proposed wdl generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a Calforna registered Cron Engineer. APPLICANT SHALL CONTACT THE ENGINEERING DIVISION, (909) 477-2740, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Dedication and Vehicular Access 1 Dedication shall be made of the following rights-of-way on the perimeter streets (measured -/-/- from street centerline) 33 total feet on Charles Smith Avenue ~--/- 60 total feet on 6th Street (w/o Charles Smith Avenue) -/~- 50 total feet on Rochester Avenue -/~~ 2 Corner property line cutoffs shall be dedicated per City Standards _1-J- D~~ SC-03-03 8 Protect No SUBTPM16139 Comole6on Date 3 Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently with the map or prior to the issuance of building permits, where no map Is involved 4 Reciprocal parking agreements for all parcels and maintenance agreements ensuring toint maintenance of all common roads, drives, or parking areas shall be provided by CC & R's or deeds and shall be recorded prior to, or concurrent wcth, the final parcel map 5 Private drainage easements for cross-lot drainage shall be provided and shall be delineated or noted on the final map. 6 Easements for public sidewalks and/or street trees placed outside the public right-of-way shall be dedicated to the City P. Street Improvements Construct the following perimeter street improvements including, but not limited to. Street Name Curb & Gutter AC. Pvmt Side- walk Drive Appr. Street Lights Street Trees Comm Trail Median Island Blke Treil Other Charles Smith Avenue x b x x x x 6th Street x b x x x x x Rochester Avenue x b x x x x 2. Notes. (a) Median Island includes landscaping and irrigation on meter. (b) Pavement reconstruction and overlays will be determined during plan check. (c) If so marked, sidewalk shall be curvilinear per Standard 114 (d) If so marked, an in-lieu of construction fee shall be provided for this item. Improvement Plans and Construction ~~- -~-~- ~-J- ~-~- ~~- ~~- a Street Improvement plans, including street trees, street Ilghts, and intersection safety Ilghts on future signal poles, and traffic signal plans shall be prepared by a registered Civil Engineer and shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed to the satisfaction of the Clty Engineer and the City Attorney guaranteeing completion of the public and/or private street improvements, prior to final map approval or the Issuance of building permits, whichever occurs first b. Prior to any work being pertormed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits regwred c. Pavement striping, marking, traffic signing, street name signing, traffic signal conduct, and interconnect condwt shall be installed to the satlsfactlon of the City Engineer. Signal conduit with pull boxes shall be installed with any new construction or reconstruction protect along mator or secondary streets and at intersections for future traffic signals and interconnect wiring Puli boxes shall be placed on both sides of the street at 3 feet outside of BCR, ECR, or any other locations approved by the City Engineer paa ~~- ~~- -J__J SC-03-03 Project No SUBTPM76[39 Completion Date Notes 1) Pull boxes shall be No 6 at intersections and No 5 along streets, a maximum of 200 feet apart, unless otherwise specified by the City Engineer 2) Conduit shall be 3-inch (at intersections) or 2-inch (along streets) galvanized steel with pull rope or as specified e Handicapped access ramps shall be installed on all corners of intersections per City Standards or as directed by the City Engmeer f Existing City roads requiring construction shall remain open to traffic at all times with adequate detours during construction Street or lane closure permits are required. A cash deposit shall be provided to cover the cost of grading and paving, which shall be refunded upon completion of the construction to the satisfaction of the City Engmeer. g Concentrated drainage flows shall not cross sidewalks. Under sidewalk drams shall be installed to City Standards, except for single family residential lots h Street names shall be approved by the City Planner prior to submittal for first plan check. Street trees, a minimum of 15-gallon size or larger, shall be installed per City Standards in accordance with the City's street tree program Install street trees per City street tree design guidelines and standards as follows. The completed legend and construction notes shall appear on the title page of the street improvement plans. Where public landscape plans are required, tree installation in those areas shall be per the public landscape improvement plans. The City Engmeer reserves the right to adjust tree species based upon field conditions and other variables For additional information, contact the Protect Engineer Min. Grow Street Name Botanical Name Common Name Space Spacing Size' Gty. Charles Smith Brachychiton Bottle tree 5 ft. 25 ft. 15 As Avenue Populneus o c. gal. req'd Rochester Rhus Lancea African Sumac 5 ft. 20 ft 15 As Avenue o c., gal req'd formal 6th Street Magnolia Grand Mafestic Beauty 8 ft 30 ft 15 As Flora min o c gal req'd 6th Street Magnolia Grand Saint Mary Less 20 ft 15 As Flora than o.c gal. req'd Sft 'TREES SHALL BE 15-GALLON SIZE UNLESS OTHERWISE APPROVED Construction Notes for Street Trees 1) All street trees are to be planted in accordance with City standard plans 2) Prior to the commencement of any planting, an agronomic soils report shall be furnished to the City inspector Any unusual toxicities or nutrient deficiencies may require backfill soil amendments, as determined by the City inspector. 3) All street trees are subject to inspection and acceptance by the Engineering Division 4) Street trees are to be planted per public improvement plans only SC-03-03 D'~3 8 ~~ -~~ ~~- ~~- ~~- ~~_ r~ u J PrgectNo SUBTPM16739 Comolenon Date 5 Intersection line of sight designs shall be reviewed by the City Engineer for conformance with • adopted policy On collector or larger streets, Tines of sight shall be plotted for all protect intersections, including driveways Local residential street intersections and commeraal or industrial driveways may have lines of sight plotted as regwred O. Public Maintenance Areas A signed consent and waiver form to loin and/or form the appropriate Landscape and Lighting Districts shall be filed with the City Engineer pnor to final map approval or issuance of bwiding permits whichever occurs first Formation costs shall be borne by the developer All regwred public landscaping and irrigation systems shall be continuously maintained by the developer until accepted by the City R. Utilities The developer shall be responsible for the relocation of existing utilities as necessary. Water and sewer plans shall be designed and constructed to meet the requirements of the Cucamonga County Water District (CCWD), Rancho Cucamonga Fve Protection Distract, and the Environmental Health Department of the County of San Bernardino A letter of compliance from the CCWD is regwred prior to final map approval or issuance of permits, whichever occurs first. Such letter must have been issued by the water district within 90 days pnor to final map approval in the case of subdiwsion or pnor to the issuance of permits in the case of all other residential protects S. General Requirements and Approvals 1 Permits shall be obtained from the following agencies for work within then right of-way. Metropolitan Water Distract 2 Anon-refundable deposit shall be paid to the City, covering the estimated operating costs for all new streetlights for the first six months of operation, pnor to final map approval or pnor to bwlding permit issuance if no map is involved APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED Dad SC-03-03 9 -~-~- ~-/- ~-~_ ~-/- ~~- ~-/. ~~- FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: SUBTPM16139 PROJECT #: SUBTPM16139 PROJECT NAME: 6 and Rochester Industrial DATE: May 16 2003 PLAN TYPE: APPLICANT NAME: OCCUPANCY CLASS: FLOOR AREA (S): TYPE CONSTRUCTION: FIRE PROTECTION SYSTEM REQUIRED: LOCATION: FD REVIEW BY: PLANNER: Vanes V S nnklers 6 and Rochester Tlm Feteran Flre Inspector Rick Fisher ___._._._,__._._,_,_.__,~_~,_,~m_,_~,~_,_, ALL OF THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, TO VERIFY COMPLIANCE WITH THE FOLLOWING: RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS & REQUIREMENTS - General, Procedural, Technical, or Operational Information that shall be Included, Corrected, or Completed as noted below. The following is applicable to the above project. FSC-t General Reqwrements for Public and Private Water Supply 1 General Guidance for Fire Hydrants: The following provides general gwdance for the spacing antl location of fire hydrants Remember these are the maximum permitted distances between fire hydrants The maximum distance between fire hydrants in commercial/industrial protects is 300-feet No portion of the exterior wall shall be located more than 150-feet from an approved fire hydrant For cui-de-sacs the distance shall not exceed 100-feet b Fire hydrants are to be located 1 At the entrance(s) to a protect from the existing public roadways This includes subdivisions and industrial parks. 2 At intersections 3 On the right side of the street, whenever practical and possible 4 As required by the Rre Safes Droision to meet operational needs pas ~. J 5 The location of fire hydrants is based upon the operational needs of the Fire District to control afire 6 Fve hydrants shall be located a minimum of forty (40) feet from any bwlding Contact the Fire Safe Division 909 477-2770 2 Minimum Fire Flow with Automatic Fire Sprinklers: The regwred minimum fire flow for this protect is 2000 gallons per minute at a minimum residual pressure of 20 pounds per square inch This flow reflects a 50 percent reduction for the installation of an approved automatic fire sprinkler system with central station monitoring. This requirement is made in accordance with Fire Code Appendix III-A, as amended, and Fire District Ordinances and Standards 3 Show Existing Fire Hydrants and Mains: Existing fire hydrants and mains within 600-feet of the protect shall be shown on the water plan submitted for review and approval Include main size. FSC-2 Private (On-Site) Water and/or Fire Sprinkler Underground Plans for Fire Protection 1. Number of Fire Hydrants. Provide one fire hydrant for each 1000 gpm of regwred fire flow or fraction thereof, subtect to standard spacing and distribution regwrements Contact the Fire Safety Division (909) 477-2770 2 Ffre Sprinkler Underground: Prior to the issuance of a fire sprinkler system permit, the applicant shall submd construction plans, specifications, and calculations for the fire sprinkler system underground to the Fve Safety Division for approval Contact the Fire Safety Division (909) 477-2770 FSC-3 Automatic Fire Sprinkler Systems- Technical Comments 1. Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, requves an approved automatic fire sprinkler system to be installed in any of the following a Commercial or industrial structures greater than 7,500 square feet Contact the Fire Safety Division (909) 477-2770 FSC-4 Fire District Site Access- Technical Comments 1 Access Roadways Defined: Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Private Roadways and Fire Lanes: The minimum specifications for private fire district access roadways are• a The minimum unobstructed width is 26-feet b The inside tum radius shall be 20-feet c The outside tum radius shall be not less than 50-feet d The minimum radius for cul-de-sacs is 45-feet. e The minimum vertical clearance is 14 feet, 6 inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum rade of the drrvin surtace shall not exceed 12% ~a~ i. Support a mimmum load of 70,000 pounds gross vehicle weight (GVW) I 3 Fire Lane Identification: All required fire lanes shall be identrfied by red curbing and signage A drawing of the proposed signage that meets the mirnmum Fue District standards shall be submitted to and approved Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the FD Fire Lanes standard. FSC-10 Hazard Control Permits- Technical Comments The below indicated permit regwrements are based on those permits commonly associated with the projects operations or building construction As noted below Special Permits may be regwred, dependent upon approved use(s) the applicant must contact the Fire Safety Division for specific information Note: Carefully review the items below. There may be significant impact on the proposed project. Italicized text indicates a Rancho Cucamonga Fire District amendment. 1 General Use Permit shall be required for any activity or operation not specifically described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to life or property 2 High pled combustible storage. FSC-12 Plan Submittal Required Notlce Required plans shall be submitted and approved poor to construction in accordance with 1997/98 Butlding, Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code; and RCFPD Ordinances FD15 and FD32, Gwdelines and Standards. NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews wdl be assessed at time of submmal of plans. PRIOR TO (PARCEL) MAP RECORDATION- For Each Development Phase 1 Prior to the recordation of the applicable subdivision map, the Fire District in consultation with the City Engineer shall approve the locations of Traffic Signal Preemption Devices The subdivider shall enter into an agreement with the City for the installation of traffic signal preemption equipment for the surrounding controlled intersections 2 Reciprocal Access Agreement: The plans as submitted indicate that a regwred point of Fve District access a Regwres passage on property not under the control of the applicant, or b Does not access a public way; or c Crosses a property line Please provide a permanent access agreement granting irrevocable use of the adjacent property for use by the Fire District to gain access to the subject property The agreement shall include a statement that no obstruction, gate, fence, building, or other structure shall be placed within the dedicated access The recorded agreement shall include a copy of the site plan required below The agreement shall be recorded with the County of San Bernardino, Recorders Office The agreement shall be approved by the Fire Safety Dmsion poor to recordation To assist the Fire Safety Division in reviewing the agreement the following shall be included in the submittal a Title Report. A current title report, policy of title insurance, or other egwvalent documentation proving ownership of all property included in the agreement J i ~ J Oa`~- ~.~ b Legal Description. A legal description of all property subtect to the agreement. c Assessor's Parcel Numbers. The assessor's parcel numbers of each parcel subtect to the agreement. d Site Plan: The access roadway shall comply with the regwrements of Private Roadways and Fire Lanes listed above A scaled site plan showing the path of the Fire District access, the width, turn radu, load-bearing capaaty of roadway surtace, etc shall be provided Contact the Fire Safe Division 909 477-2770 3 Reciprocal Water Covenant and Agreement: The plans as submitted indicate that a regwred private fire mains or appurtenances thereto a Pass through or are located on property not under the control of the applicant, or b. Crosses a property line Please provide a permanent maintenance and service agreement between the owner's granting a non- exclusive easement for the purpose of accessing and maintaining the private water mains, fue hydrants, and built-in fire protection systems The agreement shall meet the form and content approved by the Rancho Cucamonga Fire Distract, Fve Safety Division The agreement shall be recorded with the County of San Bernardino, Recorders Office. The agreement shall be approved by the Fire Safety Division prior to recordation Contact the Fire Safety Dmsion (909) 477-2770 PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Private/On-site Fire Hydrants: Prior to the issuance of any building permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fue District. Plans and installation shall comply with Fire Distract standards Contac the Fve Safety Division for a copy of "Fire Distract Notes for Underground and Water Plans "Contact the Fire Safety Division (909) 477-2770 2. Private Fire Hydrants/On-site Installation: All private on-site fire hydrants shall be installed, flushed, and operable prior to delivering any combustible bwldmg materials on-site (i e., lumber, roofing materials, etc ). A representative of Fire Construction Services shall inspect the installation and witness hydrant flushing The budder/developer shall submit final test and inspection report to the Fire Safety Dms~on Contact Building and Safety/Fire Construction Services (909) 477-2713. 3 Public Fire Hydrants: Prior to issuance of any bwldmg permit, the applicant shall submd a plan showing the locations of all new public fire hydrants for the review and approval by the Fire District and the Water District On the plan show all existing fire hydrants within a 600-foot radius of the protect Contact the Fire Safety Division (909) 477-2770 4 Public Installation: All regwred public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible bwldmg materials on-site (i a ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The budder/developer shall submit a copy of the Water District inspection report to the Fire Safety Division Contact Water District to schedule testing PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fve hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner Contact Budding and Safety/Fire Construction Services (909) 477-2713 2 Private Fve Hydrants- Final Acceptance: For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate The bulder/developer shall submit the final test report to the Fire Safety Droision 3 Fire Sprinkler System- Plans and Permit: Plans for the regwred automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval. No work is allowed without a Fve Construction Services permit Contact Bwlding and Safety/Fire Construction Services (909) 477-2713. 4 Fire Sprinkler System- Final Inspection: Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services Contact Bulding and SafetylFire Construction Services (909) 477-2713 5 Sprinkler Monitoring The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system Monitoring is regwred with 20 sprinklers in Group I Occupanaes, or 100 or more sprinklers in all other Occupancies Contact Building and Safety/Fue Construction Services (909) 477-2713 6 Knox Rapid Entry System: A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be submitted prior to final bulding plan approval Contact the Flre Safety Dmsion for specrfic details and ordering information Contact Building and Safety/Fire Construction Services (909) 477-2713 for inspection 7 Fire Lanes: Prior to the Issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance wRh the approved fue lane plan The CC&R's or other approved documents shall contain an approved fire lane map and provisions that prohibit parking in the fire lanes The method of enforcement shall be documented The CC&R's shall also identify who Is responsible for not less than annual inspection and maintenance of all requved fire lanes Contact Bulding and Safety/Fve Construction Services (909) 477-2713 8 Address- Other Than Single-family: New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness When the building setback exceeds 200 feet from the public street an adddional non-illuminated 6-inch minimum number address shall be provided at the property entrance Contact Building and Safety/Fire Construction Services (909) 477-2713. 9 Fire District Confidential Business Occupancy Information: The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" Form and submit to the Fire Safety Division. This form provides contact information for Fve District use in the event of an emergency at the subject building or property Contact Fire Safety Division (909) 477-2770 Fire District Forms and Letters Note: If ihese conditions are part of the final Standard Conditions issued by the Planning Division referenced Fire District forms and letters are not included. Contact the Fire Safety Division for copies of forms or letters. The forms and letter are also found in previously issued Fire District comments. Fire Distract Review ~ener ira~~- ~ G~~~N,a« SL 10/31/02 Revision Da°~ T H E C I T Y O F RANCHO CUCAMONGA Staff Report DATE: May 28, 2003 TO: Chairman and Members of the Planning Commission FROM• Brad Buller, Clty Planner BY• Brent Le Count, AICP, Associate Planner SUBJECT: DEVELOPMENT REVIEW DRC2003-00309 - MACY'S - A request to construct a two story, 175,000 square foot department store (Macy's) within the Vlctona Gardens Reglonal Center In the Mixed Use District of the Vlctona Community Plan, located north of Foothill Boulevard, south of Church Street, between Day Creek Boulevard and the I-15 Freeway - APN 0227-171-22 and 23; 0227-201-30, 33, 35, and 36; 0227-211-24, 39, and 40 thru 43, and 0227-262-35, 36, and 38. This action Is within the scope of the protect reviewed In an Environmental Impact Report (EIR) (State Clearinghouse No. 20010301028) prepared for Development Agreement 01-02, Victoria Community Plan Amendment 01-01, and Tentative Parcel Map SUBTT15716 Said EIR was certified by the City Council on February 20, 2002, and no additional environmental review for the discretionary actions mentioned In this notice Is required pursuant to Public Resources Code Section 21166 PROJECT AND SITE DESCRIPTION A. Background The protect Is located within phase one of the Victoria Gardens Regional Center The Planning Commission approved the master plan In November of 2002 Macy's, along with the other mator anchors, is subtect to its own Independent design review B Surrounding Land Use and Zonino• The site is surrounded by vacant land planned for various shops and restaurants and active open space elements of the Victoria Gardens Reglonal Center, which Is a Mixed Use District in the Vlctona Community Plan C. General Plan Designations. The site and surrounding area are designated Mixed Use per the General Plan ITEM E PLANNING COMMISSION STAFF REPORT DRC2003-00309 - MACY'S May 28, 2003 Page 2 D Site Characteristics The site is occupied by remnant vineyards and slopes gently from north to south at approximately 2 to 3 percent Day Creek Boulevard and Church Street are under construction to the west and north, respectroely. Access to the site will be provided by the internal circulation system of the Regional Center accessed by the aforementioned streets, as well as the planned Victoria Gardens Loop to the south and east. E Parking Calculations The site is surrounding by large parking fields to be developed with Victoria Gardens. The overall center is parked at a ratio of 4.5 spaces per 1,000 square feet. This parking ratio was arrived at as a result of a special parking study done for the Regional Center. ANALYSIS' A. General: Macy's will anchor the eastern terminus of the future South Main Street within Victoria Gardens. Two shop buildings will flank the entrance on the west elevation similar to the design for Robinson's May Of the four planned anchor tenants within the Center, Macy's will be the closest to the I-15 Freeway (approximately 400 feet from the Caltrans right-of-way line); hence, most visually prominent There are vast parking fields to the south and east, a smaller parking lot on the north side of the budding, and on-street parallel parking along the west side of the budding. All four sides of the budding will have pedestrian entrances; all of which utilize glass, colored stucco, decorative cornice work, and horizontal change of building plane to provide casual interest and a sense of arrival Also, all of the entrances will have double door foyers. There is a truck loading dock proposed on the northeast corner of the budding and a utility enclosure is proposed at the northeast corner of the loading dock well (surrounded by decorative walls). The dock area will be visible from the I-15 Freeway and the future Eden Avenue (one of the private streets within the Center). Roof-mounted equipment is proposed to be concealed behind raised decoratne parapets and a sight line study shows that the egwpment will be barely visible from the I-15 Freeway because the freeway is elevated in this area. Finally, the entire perimeter of the budding is proposed to be at the same grade level so that customers do not have to go up or down steps. B. Design Review Committee: The Committee (McNeil, Stewart, Coleman) reviewed the protect on May 6, 2003, and recommended approval subiect to conditions (Exhibit °G°). C. Technical Review Committee The Grading and Technical Review Committees reviewed the protect and recommended approval subiect to conditions outlined in the attached Resolution of Approval D Environmental Assessment. On February 20, 2002, the City Council adopted a Protect Environmental Impact Report as environmental clearance for the various agreements and entitlements associated with the Victoria Gardens Regional Center The current Development Review is consistent with the scope of work and type of development analyzed by the protect Environmental Impact Report (EIR) Furthermore, there have been no changes in the arcumstances surrounding the protect nor has new information surfaced to indicate that the protect will have substantial environmental impacts beyond those discussed in the EIR Therefore, no subsequent or supplemental EIR is necessary. Ea PLANNING COMMISSION STAFF REPORT DRC2003-00309 - MACY'S May 28, 2003 . Page 3 RECOMMENDATION: Staff recommends approval of DRC2003-00309 through adoption of the attached Resolution of Approval Respectful) submitted, Bra Buller City Planner BB BLC mlg Attachments• Exhibit "A" - Location Map/Sight Line Study Exhibit "B" - Site Plan Exhibit "C" - Landscape Plan Exhibit "D-1 "- First Floor Plan Exhibit "D-2°- Second Floor Plan Exhibit "E" - Roof Plan Exhibit "F" - Elevations Exhibit °G" - Design Review Committee Action Agenda dated May 6, 2003 Draft Resolution of Approval for DRC2003-00309 • G~ as IIIIIII~ N ~~ I,l61iLVll~p WP IBL 9IZ'ml ye ~ his E ~i pg~ pFe6 EIIYY oiyo puo~ene~a~ 3 i i ~ [C ~ D De~ ~ i F~~ a i E~~ 3aails y!6 Isein 89C I 'N ~ ~ : 3 S . ~ J 2g€ w,uao~lyuy 88 E 6D4 ~ 6~, ° ~°4 ~i°I,y~ D 3i ~ ` iiiiiiiiiiiiiiiiii, ! 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O O N E z >g W Y u EEO ~ ~ ~~ a w J W N1 {~{ 3 i .~ ~~ a w Y ~~ a ~ tae o ~ ~QB a Bg~ aas{ ~ afs a its ; ;~4 ~.~ Illllllla N 11161YL OIL ~^M WW1&VlL ml fIt4I ol4o poo~ena~> ~ ~~ ~ 4 S G N ~ee4* yl61+~M 89Y t ~ ~ I N ~ ~ i g a ~' ~ C ~ • ~ ~ ~ > t .~ i o .. , ~~~~~~~~~ s !slla a a ~~ il~~ O DESIGN REVIEW COMMENTS 7:15 p.m. Brent Le Count May 6, 2003 DEVELOPMENT REVIEW DRC2003-00309 - MACY'S - A request to construct a two story, 175,000 square foot department store (Macy's) within the Victoria Gardens Regional Center in the Mixed Use District of the Victoria Community Plan located north of Foothill Boulevard, south of Church Street, between Day Creek Boulevard and the I-15 Freeway, APN 0227-262-35, 36, and 38, 0227-171-22 and 23, 0227-201-30, 33, 35, and 36; 027-211-24, 39, and 40 thru 43 Desion Parameters: The building will be located on the eastern terminus of the future South Main Street within the center. Two shop buildings will flank the entrance on the west elevation similar to the design for Robinson's May. Of the four planned anchor tenants within the Center, Macys will be the closest (approximately 400 feet from the Caltrans right-of-way line); hence, most visually prominent from the I-15 Freeway. There are vast parking fields to the south and east and a smaller parking lot on the north side of the building, and on-street parallel parking along the west side of the building All four sides of the building will have pedestnan entrances all of which utilize glass, colored stucco, decorative cornice work, and horizontal change of building plane to provide casual interest and a sense of arrival. Also, all of the entrances will have double door foyers. There is a truck loading dock proposed on the northeast comer of the building and a utility enclosure is proposed at the northeast corner of the loading dock well (surrounded by decorative walls). The dock area will be visible from the I-15 Freeway and the future Eden Avenue (one of the private streets within the Center). Roof-mounted equipment is proposed to be concealed behind raised decorative parapets and a sight Ime study shows that the egwpment will be barely visible from the I-15 Freeway because the freeway is elevated in this area. Finally, the entire perimeter of the building is proposed to be at the same grade level so that customers do not have to go up or down steps. Staff Comments: The following comments are intended to provide an outline for Committee discussion. Secondary Issues: Once all of the mafor issues have been addressed, and time permitting, the Committee will discuss the following secondary design issues: Provide minimum 12-15-foot wide sidewalk, including tree wells, around perimeter as regwred by Victoria Gardens Master Plan (see Chapter 4, Sections J and K). Although sufficient setback is available, the proposed 6-foot sidewalk width is too narrow to meet the design intent of having "large areas dedicated to pedestrians." Sidewalk to be natural concrete with a retardant finish or exposed aggregate finish, with saw-cut joints every 5 feet on center. 2 Relocate the vehicle "drop-off/valet" parking bay at southeast comer of building to a more scalable location near the north or south entrances to Macy's. This street is not intended to have on-street parking per Victoria Gardens Master Plan As proposed, does not meet regwred buldng setback and sidewalk width. 3. Provide enhanced paving treatment in the driveway entrance to the loading dock area at the northeast corner of the building. The intent is to maintain a high level of casual interest relative to the pedestnan experience as customers walk by the dock area. ~Xln,b`~~ ~-~~ Era DRC COMMENTS DRC2003-00309 - MACY'S May 6, 2003 Page 2 Provide a beam or canopy (similar to entrance canopies) spanning from the northeast comer of the budding to the eastern end of the loading dock screen walVutdity enclosure. The intent is to provide a visual break at the entrance to the loading dock to draw attention to the entrance rather than the dock area and to architecturally incorporate the dock/utility enclosure into the bwlding. This may necessitate raising the height of the northern dock screen walVutdity enclosure wall for truck clearance and proportions relative to the budding. 5. Expand planter islands to the east and northeast of loading docks to maximize landscape screening from freeway. 6. Increase the amount of shrub planting on the north, south, and east sides of the budding and reduce the overall area of lawn The intent is to provide a layenng affect of vanous height shrubs to accent and compliment the budding and enhance the pedestnan expenence for passers by. 7. Coordinate with the mall developer to provide decorative enhanced paving leading from entry doors across the pnvate streets to the parking lots. B Roof mounted equipment screens shall be treated with decorative matenals to match the building walls Staff Recommendation: Staff recommends that the Design Review Committee recommend approval of the subject Development Review application subject to the above comments and any other comments the Committee may have. Design Review Committee Action: Members Present: Larry McNed, Pam Stewart, Dan Coleman Staff Planner Brent Le Count The Committee recommends approval of the project subject to staff comments as well as the following additional comments: 1. Provide 10-foot wide (minimum) sidewalks around the budding with tree wells at back of curb consistent with the adopted Victoria Gardens Master Plan. 2. The building wall reveals shall be of adequate dimension in order to cast substantial shadows to visually convey the sections or blocks of wall surface. Applicant is to submit dimensions to staff. 3 Provide a beam across the opening of the loading dock as presented to the Committee at the meeting It would be appropriate to cover the beam as well as loading dock walls with actual stucco (texture to match building) instead of EIFS for durability. The Committee is not opposed to raising the beam height as necessary to accommodate the vanous trucks and equipment expected to operate in the loading dock 4 The applicant shall make a good faith effort to work with Forest City to design adequate truck fuming radius at on-site intersections and enforce established truck routes for all delivery and trash pick up activity so as to avoid having trucks run over planters, curbs, into walls, etc E~3 DRC COMMENTS DRC2003-00309 - MACY'S May 6, 2003 Page 3 5. Avoid the use of oleander shrubs as they are poisonous and have been attacked by scorch. Replace with another lush shrub type consistent with the landscape materials used elsewhere m the Regional Center. 6. Avoid the use of turf m the parking lot planter islands. Use trees and layered shrub planting to take full advantage of the planter width for screening. 7. Increase the number of Palm trees planted around the budding and provide Palms of substantial size and height when planted to convey a more mature appearance. It is recognized that Palm tree planting m the vianity of wall signs is a concern of the applicant; however, along the east side of the building, Mexican Fan Palms are the approved tree per the Victoria Arbors Master Plan. • 1...\-` • RESOLUTION NO A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO DRC2003-00309, A REQUEST TO CONSTRUCT A TWO STORY, 175,000 SQUARE FOOT DEPARTMENT STORE (MACY'S) WITHIN THE VICTORIA GARDENS REGIONAL CENTER IN THE MIXED USE DISTRICT OF THE VICTORIA COMMUNITY PLAN, LOCATED NORTH OF FOOTHILL BOULEVARD, SOUTH OF CHURCH STREET, BETWEEN DAY CREEK BOULEVARD AND THE I-15 FREEWAY, AND MAKING FINDINGS IN SUPPORT THEREOF -APN 0227-171-22 AND 23, 0227-201-30, 33, 35, AND 36, 0227-211-24, 39, AND 40 THRU 43 AND 0227-262-35, 36, AND 38 A Recitals 1 Macy's filed an application for the approval of Development Review DRC2003-00309 as described in the title of this Resolution Hereinafter in this Resolution, the subtect Development Review request is referred to as "the application " 2 On the 28th day of May 2003, the Planning Commission of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date 3. All legal prerequisites prior to the adoption of this Resolution have occurred • B. Resolution NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows 1 This Commission hereby specifically finds that all of the facts set forth in the Rentals, Part A, of this Resolution are true and correct 2 Based upon the substantial evidence presented to this Commission during the above- referenn;d meeting on May 28, 2003, including written and oral staff reports, this Commission hereby spenfically finds as follows a The application applies to property located within the Victoria Gardens Regional Center to be accessed from via the internal circulation system of the Center that is connected to Day Creek Boulevard, Church Street, and ~ctona Gardens Lane and is presently vacant with remnant vineyards, and b The surrounding property is vacant and occupied by remnant vineyards with Day Creek Boulevard under construction to the west, Church Street under construction to the north, the I-15 Freeway to the east, and Foothill Boulevard to the south, and c The project is designed with 360-degree architectural quality consistent ninth the design objectives of the Development Code; and d The protect will provide the community and surrounding region with a conveniently accessible retail servin:, and e The project is part of the master-planned Victoria Gardens Regional Center and thus exhibits compatibility with the planned surrounding ciroulation system and development ~~ PLANNING COMMISSION RESOLUTION NO DRC2003-00309 - MACY'S • MAY 28, 2003 Page 2 3 Based upon the substantial evidence presented to this Commission dunng the above- referenced meeting and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Commission hereby finds and conGudes as follows The proposed protect is consistent wdh the objectives of the General Plan, and b The proposed use is in accord wrath the obtedives of the Devebpment Code and the ~ctona Community Plan and the purposes of the distnd in which the site is located, and c The proposed use is in compliance with each of the applicable provisions of the Development Code and the Ydona Community Plan, and d. The proposed use, together with the conditions applicable thereto, wall not be detnmental to the public health, safety, or welfare or matenally intunous to properties or improvements in the vicinity 4 The City Council approved the overall ~ctona Gardens Regional Center via entenng into a Development Agreement and a Development Disposition Agreement with the applicant, and by approving a Tentative Parcel Map and Victona Community Plan Amendment on February 20, 2002 The Gty Council adopted a Project Environmental Impact Report as environmental clearance for these agreements and entitlements The current Development Review application is consistentwith • the scope of work and type of development analyzed by the Protect EIR Furthermore, there have been no changes in the ciroumstances surrounding the protect nor has new information surfaced to indicate that the protect would have substantial environmental impacts beyond those discussed in the EIR. Therefore, no subsequent or supplemental EIR is necessary based upon the findings as follows a. The protect is within the scope of that evaluated by the Protect Environmental Impact Report for the ~ctona Gardens Master Plan, Development Agreement, Tentative Parcel Map, and Development Disposition Agreement as certified by the City Council on February 20, 2002 (State Cleannghouse No. 20010301028), and b There have been no substantial changes made either to the protect or the circumstances surrounding the protect since the City Council certified the Protect Environmental Impact Report on February 20, 2002, and c No new information of substantial importance has ansen since the Protect EIR was certified to indicate that the protect would have significant effects not discussed in the EIR orthat the mitigation measures imposed are infeasible 5 Notwithstanding any other provision or condition in this Resolution, nothing herein shall be interpreted as a waiver or modification of the approved Development Agreement and Master Plan for Victona Gardens, and in the event of any conflict between this Resolution and the Development Agreement or the Master Plan, the Development Agreement, or Master plan shall supersede and be controlling 6 Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, • this Commission hereby approves the application subtect to each and every condition set forth below and in the Standard Conditions, attached hereto and incorporated herein by this reference ~t PLANNING COMMISSION RESOLUTION NO DRC2003-00309 - MACY'S MAY 28, 2003 . Page 3 Plannino Division 1) Provide 10-foot wide (minimum) sidewalks around the budding with tree wells at back of curb consistent with the adopted vctona Gardens Master Plan Sidewalk shall be natural concrete vnth a retardant finish or exposed aggregate finish, with saw-cut points every 5 feet on center. 2) The building wall reveals shall be a minimum height of 2 to 3 niches in order to cast substantial shadows to visually convey the sections or blocks of wall surface 3) Provide a beam across the opening of the loading dock as presented to the Design Review Committee at the May 6, 2003 meeting It would be appropnate to cover the beam as well as loading dock walls with actual stucco (texture to match bwldmg) instead of EIFS for durability The beam height maybe raised as necessary to accommodate the vanous trucks and egwpment expected to operate in the loading dock so long as the final level is in proportion to the rest of the budding 4) The applicant shall make a good fadh effort to work wrath Forest City to design adequate truck fuming radius at on-site intersections and . enforce established truck routes for all delivery and trash pick up activity so as to avoid having trucks run over planters or curbs or into walls, etc 5) Avoid the use of oleander shrubs as they are poisonous and have been attacked by scorch Replace with another lush shrub type consistent vnth the landscape matenals used elsewhere in the Regional Center 6) Increase the amount of shrub planting on the north, south, and east sides of the budding and reduce the overall area of lawn The intent is to provide a layenng effect of vanous height shrubs to accent and complement the budding and enhance the pedestnan expenence for passers by 7) Avoid the use of turf in the parking lot planter islands Use trees and layered shrub planting to take full advantage of the planter wndth for screening 8) Increase the number of Palm trees planted around the budding and provide Palms of substantial size and height when planted to convey a more mature appearance It is recognized that Palm tree planting in the vicinity of wall signs is a contain of the applicant, however, along the east side of the budding, Mewcan Fan Palms are the approved tree per the vctona Arbors Master Plan 9) Provide enhanced paving treatment in the dnveway entrance to the loading dock area at the northeast comer of the bwldmg The intent is to maintain a high level of visual interest relative to the pedestrian ~~~ PLANNING COMMISSION RESOLUTION NO DRC2003-00309 - MACY'S . MAY 28, 2003 Page 4 expenenta; as customers walk by the dock area The paving type shall match that provided at the budding entrances 10) Coordinate v~nth the mall developer to provide decorative enhanced pavng leading from entry doors across the pnvate streets to the parlung lots 11) Roof-mounted equipment screens shall be treated with decorative matenals to match the budding walls Enameennn Division 1) All applicable Conditions of Approval of Tentative Parcel Map 15716 and Development Agreement DA01-02 shall apply 2) Acknowledgement is given that those improvements to be installed by the Community Fatalities Distnct are satisfied conditions Any improvements or conditions not part of the Community Fataldles Distract project must be satisfied by the developer, pnor to issuance of any building permits The Secretary to this Commission shall certify to the adoption of this Resolution • APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2003 PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY Larry T McNiel, Chairman ATTEST Brad Buller, Secretary I, Brad Buller, Secretary of the Planning Commission of the Gty of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of May by the follovnng vote-to-vnt AYES COMMISSIONERS NOES COMMISSIONERS ABSENT COMMISSIONERS ~~ •~ COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS PROJECT #: DRC2003-00309 SUBJECT: MACY'S DEPARTMENT STORE APPLICANT: MACY'S LOCATION: VICTORIA GARDENS REGIONAL CENTER ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 477-2750, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements 1 The applicant shall agree to defend at his sole expense any action brought against the City, its agents, officers, or employees, because of the issuance of such approval, or in the altematrve, to relingwsh such approval The applicant shall reimburse the City, its agents, officers, or employees, for any Court costs and attorney's fees which the City, its agents, officers, or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense m the defense of any such action but such participation shall not relieve applicant of his obligations under this condition. 2. Copies of the signed Planning Commission Resolution of Approval No ', Standard Conditions, and all environmental mitigations shall be included on the plans (full size) The sheet(s) are for information only to all parties involved in the constructioNgradmg activities and are not requred to be wet sealed/stamped by a licensed Engineer/Architect B. Time Limits DevelopmenUDesign Review approval shall expire if building permits are not issued or approved use has not commenced within 5 years from the date of approval No extensions are allowed C. Site Development 1. The site shall be developed and maintained m accordance with the approved plans which include site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the Victoria Community Plan, and the Victoria Gardens Master Plan Completion Date ~~- ~~- ~~- ~~- SC-03-03 t ~`~ Prgect No DRC2003-00309 Completion Date D. 2 Prior to any use of the protect site or business acdwty being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the City Planner 3 Occupancy of the facilities shall not commence until such time as all Uniform Bwlding Code and State Fire Marshal regulations have been complied with Prior to occupancy, plans shall be submitted to the Rancho Cucamonga Fue Protection District and the Bwlding and Safety Division to show compliance The bwldings shall be inspected for compliance prior to occupancy 4 Revised site plans and bwldmg elevations incorporating all Conditions of Approval shall be submitted for City Planner review and approval prior to the issuance of bwldmg permits 5 All site, grading, landscape, vngation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, budding, etc) or pnor to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first 6 Approval of this request shall not waroe compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Community or Specific Plans m effect at the time of bwldmg permit issuance 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner and Police Department (477-2800) pnor to the issuance of building permits Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adtacent properties 8 Trash receptacle(s) are regwred and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subtect to City Planner review and approval pnor to the issuance of bwldmg permits 9. All ground-mounted utility appurtenances such as transformers, AC condensers, etc , shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, bermmg, and/or landscaping to the satisfaction of the City Planner. For single-family residential developments, transformers shall be placed in underground vauRs 10 Ail budding numbers and individual units shall be identified m a clear and concise manner, including proper illumination 11 The developer shall submit a construction access plan and schedule for the development of all lots for City Planner and City Engineer approval; including, but not limited to, public notice regwrements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing Shopping Centers 2. Graffiti shall be removed within 72 hours The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours All operations and businesses shall be conducted to comply with the following standards which shall be incorporated into the lease agreements for all tenants a Noise Level -All commercial activities shall not create any noise that would exceed an exterior noise level of 60 dB during the hours of 10 p.m until 7 a m and 65 d8 during the hours of l a m until 10 p m _f_J~ ~-~- ~~- -~-~- J-J- ~~- _/~- ~~ ~~- ~~_ ~~- _/~- _/_1_ SC-03-03 2 E a'O Project No DRC2003-00309 Completion Date b Loading and Unloading - No person shall cause the loading, unloading, opening, • closing, or other handing of boxes, crates, containers, bulding materials, garbage cans, or other similar obtects between the hours of 10 p.m and 7 a m unless otherwise specified herein, in a manner which would cause a noise disturbance to a residential area Textured pavement shall be provided across circulation aisle, pedestrian walkway, and plaza They shall be of bricWtile pavers, exposed aggregate, integral color concrete, or any combination thereof Full samples shall be submitted for City Planner review and approval prior to the issuance of bulding permits The lighting fixture design shall compliment the architectural program It shall nclude the plaza area lighting fixtures, building lightng fixtures (exterior), and parkng lot lightng fixtures E. Building Design All roof appurtenances, including av conditioners and other roof mounted egwpment and/or protections, shall be shielded from view and the sound buffered from adtacent properties and streets as regwred by the Planning Division Such screening shall be architecturally integrated with the building design and constructed to the satisfaction of the City Planner Details shall be included in bulding plans 2 For commeraal and industrial protects, paint roll-up doors and service doors to match main buldng colors F. Parking and Vehicular Access (indicate details on building plans) 1 All parkng spaces shall be 9 feet wide by 18 feet long When a side of any parking space abuts a building, wall, support column, or other obstruction, the space shall be a minimum of 1l feet wide. 2 All parking lot landscape islands shall have a minimum outside dimension of 6 feet and shall contain a 12-inch walk adtacent to the parkng stall (including curb). 3 All parking spaces shall be double striped per City standards and all driveway aisles, entrances, and exits shall be striped per Cily standards 4 Handicap accessible stalls shall be provided for commercial and office facilities with 25 or more parkng stalls Designate two percent or one stall, whichever is greater, of the total number of stalls for use by the handicapped 5 Motorcycle parking area shall be provided for commercial and office facilities with 25 or more parking stalls Developments with over 100 parkng stalls shall provide motorcycle parking at the rate of one percent The area for motorcycle parking shall be a minimum of 56 square feet. G. Trip Reduction 1 Bicycle storage spaces shall be provided in all commercial, office, industrial, and multifamily residential protects of more than 10 units Minimum spaces equal to five percent of the regwred automobtle parking spaces or three bicycle storage spaces, whichever is greater After the first 50 bicycle storage spaces are provided, additional storage spaces regwred are 25 percent of the regwred automobile parkng spaces Warehouse distribution uses shall provide bicycle storage spaces at a rate of 2 5 percent of the regwred automobile parking spaces with a minimum of a 3-bike rack In no case shall the total number of bicycle parking . spaces required exceed 100 Where this results in a fraction of 0 5 or greater, the number shall be rounded off to the higher whole number ~_~_ ~-f- ~~- ~~- ~~- ~~- ~-J- ~~- ~~- ~~- ~~- SC-03-03 3 ~ ~` Project No DFiC2003-00309 Comolet~on Date H. 2 Carpool and vanpool designated off-street parking close to the bulding shall be provided for _/~ commercial, office, and industrial facilities at the rate of 10 percent of the total parking area. ~ If covered, the vertical clearance shall be no less than 9 feet Landscaping 1 A detailed landscape and irrigation plan, including slope planting and model home ~_/_ landscaping in the case of residential development, shall be prepared by a licensed landscape architect and submitted for City Planner review and approval pnor to the issuance of building permits or prior final map approval in the case of a custom lot subdivision 2 A minimum of 30% within commercial and office protects, shall be specimen size trees - 24- _/~_ inch box or larger 3. Within parking lots, trees shall be planted at a rate of one 15-gallon tree for every three _J-/-. parking stalls. 4 The final design of the perimeter parkways, walls, landscaping, and sidewalks shall be ~_J- included in the requred landscape plans and shall be subtect to City Planner review and approval and coordinated for consistency with any parkway landscaping plan which may be required by the Engineering Division 5 Landscaping and irrigation systems required to be installed within the public right-of-way on ~~- . the perimeter of this protect area shall be continuously maintained by the developer 6 All walls shall be provided wdh decorative treatment If located in public maintenance areas, ~_/_ the design shall be coordinated wdh the Engineering Division 7 Tree maintenance criteria shall be developed and submitted for City Planner review and ___J___/~ approval prior to issuance of bulding permits. These criteria shall encourage the natural growth characteristics of the selected tree species 6 Landscaprng and irrigation shall be designed to conserve water through the principles of ~~_ . Xenscape as defined in Chapter 19 16 of the Rancho Cucamonga Muniapal Code. Sig ns 1 The signs indicated on the submitted plans are conceptual only and not a part of this ~~- approval Any signs proposed for this development shall comply with the Sign Ordinance and shall regwre separate application and approval by the Planning Division prior to installation of any signs 2. A Uniform Sign Program for this development shall be submitted for City Planner review and ~~- approval pnor to issuance of bulding permits Other Agencies 1 The applicant shall contact the U S Postal Service to determine the appropriate type and -J-J- location of mailboxes Multi-faintly residential developments shall provide a solid overhead structure for mailboxes with adequate lighting The final location of the mailboxes and the design of the overhead structure shall be subtect to City Planner review and approval prior to the issuance of budding permits i SC-03-03 4 E as Prgecl No DRC2003-00309 Completion Date APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 477-2710, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: NOTE. ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S) K. General Requirements 1 Submit five complete sets of plans including the following a Site/Plot Plan, b Foundation Plan, c. Floor Plan, d Ceiling and Roof Framing Plan, e Electrical Plans (2 sets, detached) including the size of the main switch, number and size of service entrance conductors, panel schedules, and single Ilne diagrams, f Plumbing and Sewer Plans, including isometrics, underground diagrams, water and waste diagram, sewer or septic system location, fixture units, gas piping, and heating and air conditioning, and g Planning Division Protect Number (i e , TT #, CUP #, DR #, etc) clearly identified on the outside of all plans. 2 Submit two sets of structural calculations, energy conservation calculations, and a soils report Architect's/Engineer's stamp and °wet" signature are requred prior to plan check submittal. 3 Contractors must show proof of State and City licenses and Workers' Compensation coverage to the Cary prior to permit issuance. 4. Separate permits are required for fencing and/or walls 5 Business shall not open for operation prior to posting the Certificate of Occupancy issued by the Bwiding and Safety Division. 6 Developers wishing to participate in the Community Energy Efficiency Program (CEEP) can contact the Bwlding and Safety Division staff for information and submittal requirements L. Site Development 1. Plans shall be submitted for plan check and approved prior to construction All plans shall be marked with the project file number (i e , DRC2003-00309) The applicant shall comply with the latest adopted California Codes, and all other applicable codes, ordinances, and regulations in effect at the time of permit application Contact the Building and Safety Division for availability of the Code Adoption Ordinance and applicable handouts. 2. Pnor to issuance of bulding permits for a new commercial or industrial development project or major addition, the applicant shall pay development fees at the established rate Such fees may include but are not limited to City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and Plan Check Fees, and School Fees Applicant shall provide a copy of the school fees receipt to the Bwlding and Safety Droision prior to permits issuance 3. Street addresses shalt be provided by the Bwlding and Safety Offiaal after tract/parcel map recordation and prior to issuance of building permits _J~- ~~. J~- ~~- ~~_ ~~- ~~_ ~-/- ~~- SC-03-03 5 E a3 Project No DRC2003-00309 Comolehon Date Construction activity shall not occur between the hours of 8 00 p m and 6 30 a m Monday through Saturday, with no construction on Sunday or holidays M. N. New Structures 1 Provide compliance with the Califomia Bwlding Code (CBC) for property line clearances considering use, area, and fire-resistiveness 2 Roofing material shall be installed per the manufacturer's °high wind° instructions 3 Roofing materials shall be Class °A.° 4 Exterior walls shall be constructed of the regwred fire rating in accordance with CBC Table 5-A 5. Openings in exterior walls shall be protected in accordance with CBC Table 5-A 6 Provide smoke and heat venting in accordance with CBC Secpon 906 7 Upon tenant improvement plan check submittal, additional requirements may be needed Grading 1. Grading of the subject property shall be in accordance with California Bwlding Code, City Grading Standards, and accepted grading practices The final grading plan shall be in substantial conformance with the approved grading plan 2 A soils report shall be prepared by a qualified engineer licensed by the State of California to pertonn such work 4 A separate grading plan check submittal is regwred for all new construction projects and for existing buildings where improvements being proposed will generate 50 cubic yards or more of combined cut and fill The grading plan shall be prepared, stamped, and signed by a Cahfomia registered Civil Engineer 3 The final grading, appropriate certifications and compaction reports shall be completed, submitted, and approved by the BuOding and Safety Official prior to the issuance of bwlding perimts APPLICANT SHALL CONTACT THE POLICE DEPARTMENT, (909) 477-2800, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: O. Security Lighting All parking, common, and storage areas shall have minimum maintained 1-foot candle power. These areas should be lighted from sunset to sunrise and on photo sensored cell All buldings shall have minimal security lighting to eliminate dark areas around the bwldings, with direct lighting to be provided by all entryways Lighting shall be consistent around the entue development. Lighting in exterior areas shall be invandal-resistant fixtures P. Security Hardware 1 One-inch single cylinder dead bolts shall be installed on all entrance doors. If windows are within 40 inches of any locking device, tempered glass or a double cylinder dead bolt shall be used SC-03-03 6 ~ A~ _J~~ ~~- ~~- ~~ ~-f- ~~- ~~_ ~~- JJ- ~~~ ~~- ~~- ~~- ~~- ~~_ ~~~ Protect No DRC2003-00309 ComoleBOn Date 2 All garage or rolling doors shall have slide bolts or some type of secondary locking devices Q. Windows 1 Storefront windows shall be visible to passing pedestrians and traffic 2 Security glazing is recommended on storefront windows to resist window smashes and impede entry to burglars R. Building Numbering 1 Numbers and the backgrounds shall be of contrasting color and shall be reflective for nighttime visibility 2 Developer shall paint roof top numbers on one or more roofs of this development. They shall be a minimum of three feet in length and two feet in width and of contrasting color to background The stencils for this purpose are on loan at the Rancho Cucamonga Police Department S. Alarm Systems 1. Install a burglar alarm system and a panic alarm if needed Instructing management and employees on the operation of the alarm system will reduce the amount of false alarms and in turn save dollars and Irves. 2 Alarm companies shall be provided with the 24-hour Shenff's dispatch number. (909) 941-1488 APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, FIRE PROTECTION PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: SEE ATTACHED _/~_ -J-/. _/~- ~~- / / -J-/- ~~- SC-03-03 7 "' A~ FIRE PROTECTION DISTRICT FIRE SAFETY DIVISION STANDARD CONDITIONS FD PLAN REVIEW#: DRC2003-00309 PROJECT #: DRC2003-00309 PROJECT NAME: Macy's DATE: May 2 2003 PLAN TYPE: APPLICANT NAME: OCCUPANCY CLASS' FLOOR AREA (S): TYPE CONSTRUCTION. FIRE PROTECTION SYSTEM REQUIRED: LOCATION: r;ardans FD REVIEW BY: Tlm Feteran Flre Inspector PLANNER: Brent Le Count ALL OF THE FOLLOWING STANDARD CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE FIRE SAFETY DIVISION, (909) 477-2770, TO VERIFY cnivrpf.fANCE WITH THE FOLLOWING: RANCHO CUCAMONGA FIRE DISTRICT- STANDARD CONDITIONS 8~ REQUIREMENTS - General, Procedural, Technical, or Operational Information that shall be Included, Corrected, or Completed as noted below. The following is applicable to the above project. FSC-1 General Requirements for Public and Private Water Supply 1 Minimum Fire Flow with Automatic Fire Sprinklers• The requred minimum fire flow for this protect is 4000 gallons per minute at a minimum residual pressure of 20 pounds per square inch This Flow reflects a 50 percent reduction for the installation of an approved automatic fire sprinkler system with central station monitoring This requirement is made in accordance with Fire Code Appendix III-A, as amended, and Fire District Ordinances and Standards 2 Show Existing Fire Hydrants and Mains. Existing fire hydrants and mains within 600-feet of the protect shall be shown on the water plan submitted for review and approval Include main size FSC-2 Private (On-Site) Water and/or Fire Sprinkler Underground Plans for Fire Protection 1 Exceeds Allowable Distance When any portion of a facility or building is located more than 150-feet from a fire hydrant located on a public street, as measured by an approved route around the exterior of the faality or building, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided The distance is measured as vehicular path of travel on access roadways, not line of sight Contact the Fire Safety Division (909) 477-2770 2 Number of Fire Hydrants Provide one fire hydrant for each 1000 gpm of regwred fire flow or fraction thereof, subject to standard spacing and distribution regwrements Contact the Fire Safety Division 909 477-2770 ~ ~~ 175 000 square feet Tvae V • • 3 Fire Sprinkler Underground: Prior to the issuance of a fire sprinkler system permit, the applicant shall submit construction plans, specifications, and calculations for the fire sprinkler system underground to the Fire Safety Division for approval Contact the Fire Safety Division (909) 477-2770 FSC3 Automatic Fire Sprinkler Systems- Technical Comments 1 Required Installations: Rancho Cucamonga Fire District Ordinance 15 or other adopted code or standard, regwres an approved automatic fire sprinkler system to be installed in any of the following a Commeraal or industrial structures greater than 7,500 square feet Contact the Fire Safe Division 909 477-2770 FSC-4 Fire Distract Site Access- Technical Comments 1 Access Roadways Defined. Fire District access roadways include public roads, streets, and highways, as well as private roads, streets, drive aisles and designated fire lanes 2 Location of Access. All portions of the structure or facility or any portion of the exterior wall of the first story shall be located within 150-feet of Fire District vehicle access, measured by an unobstructed approved route around the exterior of the bwldmg Landscaped areas, unpaved changes in elevation, gates, and fences are an obsWction 3 Private Roadways and Frre Lanes: The mirnmum specifications for private fire district access roadways are a The minimum unobstructed width is 26-feet b The inside fain radws shall be 20-feet c The outside turn radws shall be not less than 50-feet d The minimum radws for cul-de-sacs is 45-feet e The minimum vertical Gearance is 14 feet, 6 inches f At any private entry median, the minimum width of traffic lanes shall be 20-feet g The angle of departure and approach shall not exceed 9 degrees or 20 percent h The maximum grade of the driving surface shall not exceed 12% i Support a minimum load of 70,000 pounds gross vehicle weight (GVW) 4 Fire Lane Ident~cation: All required fire lanes shall be identified by red curbing and signage A drawing of the proposed signage that meets the minimum Fire District standards shall be submitted to and approved Contact the Rancho Cucamonga Fire Protection District at (909) 477-2770 for a copy of the FD Fire Lanes standard FSC-8 Fire Alarm System 1 Required Installation: An automatic fire alarm (and detection) system is regwred by RCFPD Ordinance 15, based on use or floor area, or by another adopted code or standard Refer to Ordinance 15 and/or the California Fire Code for speck requirements 2 Remodel and Changes: Prior to any remodel, modfiicet~on, additions, or exchange of devices, Fire District approval and a permit are regwred Plans and specifications shall be submitted to Fire Construction Services FSC-10 Hazard Control Permits-Technical Comments The below indicated permit requirements are based on those permits commonly associated with the protects operations or bwldmg construction As noted below Special Permits may be regwred, dependent upon approved use(s) the applicant must contact the Fire Safety Division for specific information Note: Carefully review the items below There may be significant impact on the proposed protect. Italicized teat indicates a Rancho Cucamonga Frre District amendment. 1 General Use Permit shall be regwred for any activity or operation not speaficelly described below, which in the judgment of the Fire Chief is likely to produce conditions that may be hazardous to I~fe or property 2 Operate a place of public assembly r--_ cr ~ FSC-12 Plan Submittal Required Notice Required plans shall be submitted and approved prior to construction in accordance with 2000/2001 Bwlding, ' Fire, Mechanical, and Plumbing Codes, 1999 Electrical Code, Health and Safety Code, Public Resources Code, and RCFPD Ordinances FD15 and FD39, Guidelines and Standards NOTE In addition to the fees due at this time please note that separate plan check fees for tenant improvements, fire protection systems and/or any consultant reviews will be assessed at time of submittal of plans FSC-14 Alternate Materials and Methods The Fire Safety Dmsion will review requests for alternate materials and methods within the scope of our authority The request must be submitted on the Fire District "Application for Alternate Method" form along with supporting documents Contact the Fire Safety Division at (909) 477-2770 for assistance FSC-15 Public Safety Communications No person shall construct or develop any commercial or industrial building or structure or any part thereof or cause the same to be done which fails to support adequate radio end x1eA Sects on g 1~ gency workers, including, but not limited to firefighters and police (RCFPD Ord 39, App This budding shall be constructed with 2 inch raceways in the wails that can accommodate any cable necessary to meet this requirement Such raceways shall include an opening in the roof that allows for placement of an exterior antenna and access to each floor Contact Fire Construction Services at (909) 477-2713 far radio coverage standards, testing procedures and approved mitigation measures PRIOR TO ISSUANCE OF BUILDING PERMITS- Complete the following: 1 Private/On-site Fire Hydrants: Prior to the issuance of any bulding permit, the applicant shall submit construction plans, specifications, flow test data and calculations for the private water main system for review and approval by the Fire District Plans and installation shall comply with Fire District standards Contac the Fire Safety Division for a copy of "Fire Distract Notes for Underground and Water Plans "Contact the Fire Safety Division (909) 477-2770 2. Private Fire HydrantslOn-site Installation: All private on-site fire hydrants shall be installed, flushed, and operable prior to delivering any combustible bwlding materials on-site (i a ,lumber, roofing materials, etc) A representative of Fire Construction Services shall inspect the installation and witness hydrant flushing The builder/developer shall submit final test and inspection report to the Fire Safety Division Contact Building and Safety/Fire Construction Services (909) 477-2713 3 Public Fire Hydrants: Prior to issuance of any bwlding permit, the applicant shall submit a plan showing the locations of all new public fire hydrants for the review and approval by the Fire Distract and the Water District On the plan show all existing fire hydrants within a 600-foot radius of the protect Contact the Fire Safety Division (909) 477-2770 4 Public Installation• All regwred public fire hydrants shall be installed, flushed, and operable prior to delivering any combustible bulding materials on-site (i a ,lumber, roofing materials, etc) Water District personnel shall inspect the installation and witness hydrant flushing The builder/developer shall submit a copy of the Water District inspection report to the Fue Safety Division Contact Water District to schedule testing PRIOR TO OCCUPANCY OR FINAL INSPECTION- Complete the following: 1 Hydrant Markers: All fire hydrants shall have a blue reflective pavement marker indicating the fire hydrant location on the street or driveway in accordance with Rancho Cucamonga Fire Protection District and City of Rancho Cucamonga Engineering Standard Plan 134, "Installation of Reflective Hydrant Markers " On private property these markers are to be maintained in good condition by the property owner Contact Bwlding and Safety/Fire Construction Services (909) 477-2713 2 Private Fire Hydrants- Final Acceptance• For the purpose of final acceptance, an additional test of the on-site fire hydrants shall be conducted by the builder/developer in the presence of the Water District or Fire Construction Services, as appropriate The bwlderldeveloper shall submit the final test report to the Fire Safety Division .- 3 Fire Sprinkler System- Plans and Permit. Plans for the required automatic fire sprinkler system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire Construction Services permit Contact Building and Safety/Fire Construction Services (909) 477-2713 4 Fire Sprinkler System- Final Inspection• Prior to the issuance of a Certificate of Occupancy, the fire sprinkler system(s) shall be tested and accepted by Fire Construction Services Contact Budding and Safety/Fire Construction Services (909) 477-2713 5 Sprinkler Monitoring The fire sprinkler system monitoring system shall be installed, tested, and operational immediately following the completion of the fire sprinkler system Monitoring is required with 20 sprinklers In Group I Occupancies, or 100 or more sprinklers In all other Occupancies Contact Building and Safety/Fire Construction Services (909) 477-2713 6 Fire Alarm System: Plans for the fire alarm system shall be submitted to Fire Construction Services for review and approval No work is allowed without a Fire District permit Contact Building and Safety/Fire Construction Services (909) 477-2713 7 Knox Rapid Entry System: A Knox rapid entry key vault shall be installed prior to final inspection Proof of purchase shall be submitted prior to final building plan approval Contact the Fire Safety Division for specific details and ordering information Contact Building and Safety/Fire Construction Services (909) 477-2713 for inspection 8 Fire Lanes• Prior to the issuance of any Certificate of Occupancy, the fire lanes shall be installed in accordance with the approved fire lane plan The CCBRs or other approved documents shall contain an approved fire lane map and provisions that prohibit parking in the fire lanes The method of enforcement shall be documented The CC&Rs shall also identity who Is responsible for not less than annual inspection and maintenance of all required fire lanes Contact Building and Safety/Fire Construction Services (909) 477-2713 9 Address- Other Than Single-family: New buildings other than single-family dwellings shall post the address with minimum 8-inch numbers on contrasting background, visible from the street and electrically illuminated during periods of darkness When the building setback exceeds 200 feet from the public street an additional non-illuminated 6-inch minimum number address shall be provided at the property entrance Contact Building and Safety/Fire Construction Services (909) 477-2713 10 Fire Alarm System-Final Inspection and Testing: Prior to the issuance of a Certificate of Occupancy, the fire alarm (and detection) system(s) shall be tested and accepted by Fire Construction Services Contact Building and Safety/Fire Construction Services (909) 477-2713 11 Fire District Confidential Business Occupancy Information• The applicant shall complete the Rancho Cucamonga Fire District "Confidential Business Occupancy Information" Form and submit to the Fire Safety Division This form provides contact information for Fire District use in the event of an emergency at the subject building or property Contact Fire Safety Division (909) 477-2770 Fire District Forms and Letters Note: If these conditions are part of the final Standard Conditions issued by the Planning Division referenced Fire District forms and letters are not included. Contact the Fire Safety Division for copies of forms or letters. The forms and letter are also found in previously issued Fire District comments. Fire DIStrICt RevleW Lette( (P&E)- Templa[e SL 10/31/02 Revrsion ~ a~ R A N C H O C U C A M O N G A ENGINEERING DEPARTMENT StaffReport DATE May 28, 2003 TO: Chairman and Members of the Planning Commission FFi011k William J. O'Neil, Clty Engineer BY: Barrye R Hanson, Senior Civil Engineer SUBJECT: ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2003/04 BACKGROUND/ANALYSIS: Attached is the Engineering D~vis~on's Capital Improvement Program (CIP) for Prscal Year 2003/04. The projects have been categorrzed by type of project (Beauuficanon, Drainage, Streets, etc.), which are in alphabencal order w~thrn a category A map showrng the project locations ~s also attached. A summary of prolect costs by category rs shown on the cover page The total for all projects is nearly $67,000,000. Ttus item has been revrewed and approved by the City Council Public Works Subcommutee RECOMMENDATION: Staff recommends that the Plarmmg Comrmssion find the Capital Improvement Program in conformance with the General Plan. R tfully submitted, J ONeil City Engineer Attachments: FY 2003/04 Capital Improvement Program Project Location Map • ITEM F CITY OF RANCHO CUCAMONGA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION CAPITAL IMPROVEMENT PROGRAM FISCAL YEAR 2003/04 SUMMARY Beautification .......... .......... ~ $ ~,zos,ooo Drainage .................. ........... $ a,3oo,000 Q~ Facilities ............................... $ so,ooo Miscellaneous ....................... $ 2s,sso,oao Parks .................................. S 22.o~f,foo Railroad Crossings .............. $ ~,3s7,ooo Streets ............................... $ ~o,s3e,t2z Studies ................................. $ 20,000 Traffic ................................... S f,255,~00 TOTAL ......................... S ss,sa~,3s2 COMMENTS The projects are listed m alphabetical order within each category, except for numbered streets which are m numerical order at the beginrnng of a section. If the account number contains an "x", a final number has not been assigned as yet • CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2003/04 No. Project Beautification 1 Carnelian St - 1,000' S/O Vivero to Vivero St -Landscape parkways (Design and ConsWct) 2 Church St -Rochester to SCE Corridor -Landscape parkways (Design and Construct) 3 Fisher Dr -East Av to the east -Landscape north parkway Maybe constructed by Caltrans (Design and Construct) 4 Highland Av -Beryl St to Hermosa Av -Landscape south parkway (Design and Construct) 5 Highland Av -Day Creek BI to the east -Landscape south parkway (Design and Construct) 6 Metrolink Station -landscape north of tracks (Design and construct) 7 W dson Av - Carnelian St to Beryl St -Landscape Parkways (Design and Construct) Drainage 8 Hermosa Av - N/o Base Line Rd to N/O 19th St -Install master plan storm drain, pavement rehabilitation, and some street widening (Design and Construct) Facilities 9 Senior Center (existing) -Renovation of the existing landscaping and irrigation system (Construct) Fund Account Amount (S) Beautification 1-110-316-5650-1172 300,000 Beautification 1-110-316-5650-1365 75,000 Beautification 1-110-316-5650-1366 71,000 Park Dev 1-120-305-5650-1335 300,000 Beautification 1-110-316-5650-xxxx 80,000 Beautification 1-110-316-5650-1367 70,000 Grant 190.000 260,000 Beautification 1-110-316-5650-1364 120,000 Beautification Total 1,206,000 Drainage 1-112-303-5650-1402 3,700,000 Measure/ 1-176-303-5650-1402 600.000 4,300,000 Drainage Total 4,300,000 Park Dev 1-120-305-5650-1133 80,000 Facilities Total 60,000 Page 1 of 6 CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2003/04 No. Project Fund Recount Amount (b) Miscellaneous 10 ADA Ramps and Dnveways at vanous locations (Design and Measure I 1-176-303-5650-1150 100,000 Construct) CDBG 1-204-314-5650-1017 22,000 Article 3 1-214-303-5650-1017 8,000 Article 3 1-214-303-5650-1150 8_` 138,000 11 Beryl St -Hillside Rd to Almond St -Install equestrain trail in east Beautification 1-110-001-5650-1436 200,000 parkway (Complete design and construct) 12 Developer Reimbursements -Reimburse funds to Developers for Transportation 1-124-303-5650-1026 320,000 construction of City Master planned transportation and drainage Drainage facilities General City 1-112-303-5650-1026 163,620 Etrvvanda 1-116-303-5650-1026 20,000 Lower Etw 1-126-303-5650-1026 84.420 588,040 13 Graffiti removal at vanous locations CDBG 1-204-314-5650-1015 22,000 14 Mall Infastructure mcludmg Day Creek Blvd from Foothill CFD 1-612-303-5650-1442 25,000,000 Bivd to Base Line Rd, Church St from FJO Rochester Av to Miller Av, some work on Base Line Rd, storm drains, sewers, and water Imes 15 Sapphire St -North of Banyan St -Install missmg sections of Beautification 1-110-001-5650-1437 20,000 equestrain trail m west parkway (Design only) 16 Sidewalk gnnding and repairs at vanous locations CDBG 1-204-314-5650-1018 22,000 Miscellaneous Total 25,990,040 • Page 2 ~ • CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2003104 No. Project Fund Recount Parks 17 Beryl Park -Rehabilitate and reconsWct shade sWcture and parking Park Dev 1-120-305-5650-1204 lot landscaping (Design and consWct) 18 Central Park -Develop 20 acres of the 103 acre site mGuding a State Bonds 1-236-303-5650-Several 53,000 SF Community and Senior Center budding, parkrg lot, Federal Grants 1-204-314-5650-Several landscaping, utility undergrounding, and adjacent street work RDA (Complete design and consWct) Levns Grant 1-240-303-5650-1343 SCE Rule 20A 19 Los Osos High School -Install field lighting (6 fields) (Design and Park Dev 1-120-305-5650-xxxx construct) 20 South Etiwanda Park - N/O Foothill BI EIO Etrvvanda Av -Construct Park Dev 1-120-305-5650-1313 new 5 acre park (Design and construct) 21 Various Parks -Rehabilitate various items (Design and Construct) Park Dev 1-120-305-5650-1059 Parks Total Railroad Crossings 22 6th St - EIO Archibald -Upgrade RXR Spur crossing including storm to Archibald Av (Design and Construct) 23 6th St - W/O Etrvvanda Av -Upgrade RXR Spur crossing (Design and Construct) Transportation 1-124-303-5650-1081 Transportation 1-124-303-5650-1405 Railroad Crossings Total Streets 24 6th St - W/O RXR Spur to Etrvvanda Av -One lane north side (Design and ConsWct) 25 6th St -Archibald Av to Hermosa Av -Pavement Rehabilitation (Design and Construct) 26 Archibald Av -Base Lme to 19th St -Pavement Rehabddation (Design only) Page 3 of 6 Transportation 1-124-303-5650-1404 Measurel 1-176-303-5650-1220 Measurel 1-176-303-5650-1371 Amount (S) 400,000 11,812,404 1,837,696 2,500,000 2,000,000 1.500.000 19,650,100 621,000 1,000,000 400,000 22,071,100 987,000 400,000 1,387,000 296,000 155,000 10,000 CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2003/04 No. Project 27 Arrow Rte -Archibald Av to Hermosa Av -Pavement Rehabilitation (Design only) 28 Arrow Rte -West of Etrvvanda Av to the East Oily Limits -Pavement Rehabilitation (Design only) 29 Arrow Rte -Haven Av east to RXR spur -Pavement Rehabilitation (Design and Construct) 30 Base Lme -West City Limits to Lyon St -Pavement Rehabilitation (Design only) 31 Base Lme Rd 8 115 Off Ramps -Widen, overlay & signal (Construct) 32 Beryl St - Cielito St to 19th St -Pavement Rehabilitation (Design and Construct) 33 Bus Bays - Vanous locations (Design and Construct) 34 Calle Vetar -Avenida Leon to Hellman Av and Avenida Leon -Arrow Rte to Calle Velar -Reconstruct street and add sidewalks and street lights (Design only) 35 Etiwanda Av - 6th St to Arrow -Pavement Rehabilitation and some widening. (Design and Construct) 36 Fisher Dr -East Av to the east -Widen (Complete design and construct) Fund Account Measurel 1-176-303-5650-1370 Measurel 1-176-303-5650-1372 Measurel 1-176-303-5650-1373 Measurel 1-176-303-5650-1374 Transportation 1-124-303-5650-1283 Measurel 1-176-303-5650-1295 AQMD 1-105-208-5650-1238 CDBG 1-204-314-5650-1328 Transportation 1-124-303-5650-1076 Measurel 1-176-303-5650-1409 Dev Deposit 18820002314 37 Grove Av - 6th St to Foothill Blvd -Pavement Rehabilitation. Measure I 1-176-303-5650-1263 (Design and Construct) 36 Haven Av -Base Lme Rd to Rte 210 -Widen west roadbed, storm drain Transportation 1-124-303-5650-1406 and Pavement Rehabilitation (Complete design and construct) • Page 4~ Amount ($) 6,000 10,000 280,000 11,000 500,000 95,000 70,000 11,000 505,000 10.000 515,000 267,832 403,000 6,400,000 i • CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM - FISCAL YEAR 2003104 No. Project 39 Haven Av -Rte 210 to Lemon Av -Pavement Rehabilitation (Design and construct) 40 Local Street Pavement Rehabilitation -Various locations (Design and construct) 41 Milliken Av - 4th St to 7th St -Street widening and Pavement Rehabilitation (Design and Construct) 42 Neighborhood NEC Haven Av and 19th St -Reconstruct pavement (Design and construct) Studies 43 Wilson Av -Amethyst St to Canistel Av -Alignment Study -~ Traffic 44 Hermosa Av - 500' north and south of Feron St -Install pedestrian flashing beacons (Construct) 45 Interconnect traffic signals on Base Line Rd from Alta Cuesta Dr to Spruce Av (Construct) 46 Rehabilitate traffic signal internally illuminated street name signs. (Design and construct) 47 Signal -Archibald Av at 19th St -modify existing (Design and Construct) 48 Signal - Etrvvanda Av at Victoria St -Install traffic signal (Construct) 49 Signal -Milliken Av at Los Osos High School entrance -Install traffic Signal (Design and construct) Fund Account Measurel 1-176-303-5650-1376 AB 2928 1-182-303-5650-1022 Transportation 1-124-303-5650-1252 Measurel 1-176-303-5650-1252 AD 82-1R 1-800-303-5650-xxxx Measurel 1-176-303-5650-1377 Streets Total Measurel 1-176-303-5650-1378 Studies Total Safe Route to 1-234-303-5650-1419 School Transportation 1-124-303-5650-1443 CMAQ 1-184-303-5650-1290 SigCoorGrant 1-232-303-5650-1443 Transportation 1-124-303-5650-1251 Transportation 1-124-303-5650-1286 Transportation 1-124-303-5650-1285 Transportation 1-124-303-5650-1415 s Amount ($) 230,000 211,290 431,000 120,000 256.000 807,000 360,000 10,638,122 20,000 20,000 18,700 605,000 100,000 100.000 805,000 20,000 46,400 125,000 120,000 Page 5 of 6 CITY OF RANCHO CUCAMONGA - CAPITAL IMPROVEMENT PROGRAM -FISCAL YEAR 2003104 No. Project 50 Signal -Victoria Park Lane at Kenyon Way -Install traffic signal (Design and construct) Fund Account Transportation 1-124-303-5650-1417 Traffic Total Page 6~ Amount (S) 120,000 1,255,100 s '_ ~ ., ~, , ---~ . , , _;-, ...,_ J P® 1 1 1 I 1 i r ~ ~ i ~ v n ~ anv i MY 1 ll~~ 1 1 'JM1Y 1 1 n i 1 ~ @ 3I~Y 1 1 e .~~ _ ~ 3~ ~` n ' - ' -'- -. _.._ _ L. 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