HomeMy WebLinkAbout526 - Ordinances CS)INANC2 NO. 526
AN CeDINANCE OF ~HE ClTY C0~qCIL OF ~{S CITY OF ~
94-01, F~R ~E S~/BAREA 18 SPMCIF/C PLAN AS PROVIDED PeR
IN SSCF/C~ 65864 OF ~{E C~;.rFCSqIA ~ OCDE,
S~PPCS~ ~DF - APN 209-272-01, 04, 07, AND 08; 210"
081-22 AND 23; 210-082-02, 11, 17, 37, 38, AND 39;
210-361-01 ~ 26.
(i) califcrnla Gov~'~-,-~t CUde Sectic~ 65S64 n~ provides, in
pertinent part, as follows:
"ihe Legislature firas and declares that:
(a) ~he lack of certainty in the aA~roval of devel~
projects can result in a w~te of resources, escalate the cost of housirr/
c~m~itment to comprehensive planning which would make m~ximm efficient
utilizatic~ of resources at the least eccrrmic cost to the public.
(b) Assurance to the applicant fur a develc~ment project that
upc~ a~ of the project, the applicant my proceed with the project in
accordance with existing policies, rules and regulations, and subject to
ccrrtiticr~ of approval, will s~rex~ the public plannir~ process, encourage
private participation in c~s~re~msive planning, and red~e the eco.enic c~sts
of develM..
(ii) California Govei,ment Code Sectira 65865 provides, in pertinent
part, as follows:
"Any city . . . may enter into a Development ~r3reemmt with any
person having a legal or equitable interest in real pr~ for the
develc~ of such pruperty as provided in this article . . . -
(iii) California Goverrm~nt Code Sectira 65865.2 provides, in part, as
follows:
"A Dealcpment ~/ree~nt shall specify the duratim of the
reserv~tic~ cr dedicatic~ of lar~ for public purpoees. The Development
/~ may include cc~diticrs, terms, restricti~ls, and requireM~s for
subsequent discretic~k~ry acticrs, provided that such
~11~ of the land for the uses and to the density of intensity of
Ordinance No. 526
mc~2
(iv) "Attac~ed to this Ordinance, marked as Exhibit "A" and
94-01, ccr~zru~ that property located at the northwest curTmr of Millikan
Avenue and 4th Street, and as legally described in the attached Development
(v) ~i~r to ~i.~ Ordina.~ approv~ this DevelM Ageemnt,
the City Council has adopted Ordinance No. 525 approvir~ Specific Plan 93-01.
(vi) O~1 May 25, 1994, the Pla~lir~ Cc~Eis~icel of the City of Rarr~o
~ held a d~y riotied mblic hearin~ omcerni~ the De~loment
Ageement ar~ concluded said hearin~ c~ that date and rec~mmnded approval
thrRr3h adoptic~ of its Resolutic~ 94-39.
(vii) On July 6, 1994, the City Council of the City of Pand~
cucam~ga c~x~c~d a du~y noticed public hearing cc~oerni~ the Develoment
a~reeent.
(viii) All legal prerequisites priur to the adoW_ic~ of this Ordinance
M~W, ~EFCeE, the City Council of the City of Ran~o ~ does
hereby find, determine, and ordain as follow:
~~_~: ~ds c~mcil hereb~ specifically finds that a~l of the
facts set forth in the Recitals, Part A, of this Ordinance are true and
reviewed the Filial B~lvi~Ya~ental Impact Re[3crt f~r Specific Plan 94-01 and the
De~lo~t A~em.t, a~ certified the R~zt, i~ludi~ addtim of a
Statement of Overriding Omsideratic~s, in emillance with the California
Envi~a~ental Quality ~ct of 1970, as amended, and the Guidelinee prcmllgated
above-ref~ p~blic hearirr3s c~1 May 25 axld J~ly 6, 1994, i]lcl~ir~ writtel
specifically finds as follM:
(a) ~he locatim, design, and prc~x~md uses set forth in this
Develo~ent ~ are c=m~atible with the character of existing
develo~m.t in the vicinity.
Ordinance No. 526
(b) ~he DevelM Agreement conforms to the Gereral Plan of
the City of Rancho (~.
SECTICe 4: It is expressly found that the public necessity, general
~r/reement.
S~CT/ON 5: ~.~ Council hereby ap~ Develc[mmnt A~reement 94-01,
attached hereto as Exbi hit "A."
c~ce in the Inland Valley Dsi!v ~llet_Ln, a newspaper of general circula~cn
published in the City of Ontario, California, and circulated in the City of
P/~, APPI~, and ADOPTED this 20th day of July, 1994
AYES: AI~, Gutierrez, Fceat, Williams
NOES: None
I, DFR~A J. ADAMS, CITY c~.FRK of the City of Rancho CUc~,
California, do hereby certify that the fcregoirr3 Qrdinance was introduced at a
regular meeting of the Cuuncil of the City of ~ Cucam~ held cn the 6th
day of July, 1994, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucam~ held oil the 20th day of July, 1994.
Executed this 21st day of July, 1994, at Rar~ Cuc~,
California.
- Or~ No. 526
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
(Space above for Recorder,s Use Only)
DEVELOPMENT AGP, EEMENT
Between
THE CITY OF RANCHO CUCAMONGA, CALIFORNIA
and
GENERAL DYNAMICS CORPORATION, a Delaware corporation
Dated: , 1994
~ No. 526
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
RANCHO CUCAMONGA AND
GENERAL DYNAMICS CORPORATION CONCERNING
SUB-AREA 18 SPECIFIC PLAN
This Development Agreement is entered into this
day of , 1994, by and between General Dynamics '
Corporation, a Delaware corporation ("GD") and the City of
Rancho Cucamonga, a municipal corporation (City") pursuant
to the authority of Sections 65864 through 65869.5 of the
California Government Code. GD and its successors and
assigns are referred to collectively hereinafter as the
"Property Owner."
RECITAL$~
A. To provide more certainty in the approval of
development projects, encourage private participation in
comprehensive planning, and reduce the economic risk of
development, the Legislature of the State of California has
adopted Sections 65864, et seq. of the California Government
Code authorizing City to enter into binding development
agreements with persons having legal or equitable interests
in real property in order to establish development rights
with respect thereto. '
B. The City adopted Resolution No. 18-40 on
April 6, 1981 pursuant to which it adopted the City of
Rancho Cucamonga General Plan (as amended prior to the date
of this Development Agreement, the "General Plan").
Pursuant to Resolution No. 81-128 approved on August 19,
198~ and Ordinance No. 297 approved on September 17, 1986,
the City adopted the Industrial Area Specific Plan for the
City of Rancho Cucamonga (as amended prior to the date of
this Development Agreement, the "IASP,,). The Redevelopment
Agency of the City of Rancho Cucamonga ("RDA',) approved the
Rancho Redevelopment Project and Redevelopment Plan
Amendment No. 1 by adopting Ordinance No. 316A on August 6,
1987 (as amended prior to the date of this Development
Agreement, the "Redevelopment Plan").
C. Property Owner owns fee title to approximately
380 acres of real property located entirely within the City
and more completely described in E~~_~attached hereto
(the "Project Site"). Property Owner has applied to City
for the approval of a Sub-Area 18 Specific Plan (the "Sub-
Ordinance No. 526
Area 18 Specific Plan"), certain conforming amendments to
the General Plan and the IASP, and approval of a tentative
parcel map.as described in Section 2.C.1 below
(collectively, the "Specific Plan Entitlements,,). The
Specific Plan Entitlements were-approved by the City
pursuant to Resolution No. , and No. and
Ordinance No. '
· In accordance with the rules
regulations and policies of the California Environmental
Quality Act ("CEQA") and the City's Guidelines for
Implementing CEQA, the City has certified a Program EIR in
connection with the Specific Plan Entitlements (the "EIR")
as being accurate, adequate and complete in the
environmental evaluation of the impacts associated with the
Project and the implementation of this Development
Agreement.
D. The Sub-Area 18 Specific Plan contemplates a
mixed-use development composed of a series of large anchor
parcels surrounding an 18-hole golf course. In addition to
the golf course, some of the principal features of the Sub-
Area 18 Specific Plan include: a re-use program for the
three existing buildings located on approximately 75 acres
of the Project Site north of 4th Street and east of Utica
Street (including potential development of associated
parking facilities); adaptive recreational, commercial, and
office uses; and the proposed site for a Metrolink station.
The principal goals and objectives of the Sub-Area 18
Specific Plan are identified in detail in'Specific Plan
Entitlements, and include permitting gre~ter planning
flexibility and encouraging more creative and imaginative
designs; providing a process for initiation, review, and
regulation of the project area that affords the maximum
flexibility to the property owner within the context of an
overall development program and phased subdivisions,
coordinated with the provision of necessary public services
and facilities; and promoting a more marketable commercial
fochs and enhancing the potential to create jobs and
revenue. The development of the Project Site pursuant to
the terms of the Specific Plan Entitlements is referred to
hereinafter as the "Project"·
E. This Development Agreement will enable City to
realize significant financial, recreational, co~,~ercial and
regional benefits and facilities. The development of the
Project at the earliest practicable date will contribute
toward the generation of City revenues and benefits and
enhance the quality of life of present and future residents
of the City.
F. Property Owner and City hereby desire to
provide for the development of the Project Site pursuant to
OzdinanceNo. 526
1>age7
the rules, regulations, policies and provisions described
further herein.
G. As further set forth in [describe Ordinance]
adopted by City on ,1994, the execution of this
Development Agreement and the performance of and compliance
with the terms and conditions set forth herein by the
parties hereto: (i) is in the best interest in the City;
(ii) will promote the public convenience, general welfare,
and good land use practices in the City; (iii) will promote
preservation of land values; (iv) will promote the policies
and objectives of the Redevelopment Plan and encourage the
development of the Project by providing a level of certainty
to the Property Owner; (v) will provide for orderly growth
and development of the City consistent with the City's
General Plan; and (vi) is consistent with the General Plan,
the IASP, and the Specific Plan Entitlements.
Aqreemen~
NOW, THEREFORE, in consideration of the above
recitals, and the mutual promises and covenants of the
parties herein contained and for other good and valuable
consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Section 1. GENERAL PRQVISIONS.
A. Term.
The term of this Development Agreement shall
cou~ence on the effective date of the adopting Ordinance
approving this Development Agreement and shall extend for a
period of twenty (20) years thereafter, unless this
Development Agreement is terminated, modified or extended by
cir. cumstances set forth in this Development Agreement
(including, without limitation, the extensions provided
below and any extension attributable to the "force majeure"
circumstances described in Section 2.C.5 below) or by mutual
consent of the parties hereto.
Following the expiration of the term, this
Development Agreement shall be deemed terminated and of no
further force and effect; provided, however, that such
termination shall not automatically affect any right or duty
arising from project entitlements granted prior to,
concurrently with, or subsequent to the approval of this
Development Agreement.
~ NO. 526
Page8
Sdbject to the terms of this Agreement, Property
Owner shall have the right to convey, assign, sell, lease,
sublease, encumber, hypothecate ~r otherwise transfer (for
purposes of this ~GiQa3_~_~, "transfer,,) the Project Site in
whole or in part, to any person, partnership, joint venture,
firm or corporation at any time during the term of this
Development Agreement. Upon the express assumption of any
or all of the obligations of Property Owner under this
Development Agreement by such purchaser or transferee of the
Project Site or any portion thereof, Property Owner shall be
relieved of its legal duty to perform said obligations under
this Development Agreement at the time of assignment, except
to the extent Property Owner is in Default of any of the
terms of this Development Agreement when the property is
sold or transferred.
If one or more of such parcels comprising the
Project Site are sold or transferred and there is
noncompliance by the transferee owner with respect to the
terms and conditions of this Development Agreement (to the
extent such terms and conditions have been expressly assumed
by such transferee), or by the transferor with respect to
any portion of the Project not sold or transferred, such
noncompliance shall be deemed a breach of this Agreement by
that transferee or transferor as applicable, but shall not
be deemed to be a breach hereunder against other persons
then owning or holding any interest in a~y other portion of
the Project and not themselves in breach hereunder. Any
alleged default shall be governed by the ~rovisions of
~ below.
In no event shall the reservation or dedication of
a part or parts of the Project Site to a public agency cause
a transfer of duties and obligations hereunder to such
public agency unless specifically stated to be the case in
this Development Agreement, any of the exhibits attached
hereto, the instrument of conveyance used for such
reservation or dedication, or other form of agreement with
such public agency.
C. Amendment of Agreement.
This Development Agreement may be amended from time
to time by mutual consent of the parties in accordance with
the provisions of Government Code Sections 65867 and 65868.
Notwithstanding anything stated to the contrary herein, the
parties may enter into one or more implementing agreements,
in accordance with the following paragraph, to clarify the
~ NO. 526
Page9
intended application or interpretation of the Development
Agreement.
Property Owner and City acknowledge that the
provisions of this Development Agreement require a close
degree of cooperation between Property Owner and City, and
that in the course of implementing the Project it may be
necessary to supplement this Development Agreement to
address the details of the parties' performance and to
otherwise effectuate the purpose of this Development
Agreement and the intent of the parties with respect
thereto. If and when, from time to time, the parties find
that it is necessary or appropriate to clarify the
application or interpretation of this Development Agreement
without amending any of the Development Agreement's material
terms, the parties may do so through an implementing
agreement, which, after execution, shall be attached hereto
as addenda and become a part hereof, and may be further
changed or supplemented from time to time as necessary.
Such implementing agreements shall only be executed by the
Co~m~unity Development Director (on behalf of the City) if
the Community Development Director has determined that such
implementing agreements are not materially inconsistent with
this Development Agreement, the Specific Plan Entitlemerits,
and the ordinances, rules, regulations and official policies
in force at the time of execution of this Development
Agreement. Any changes to this Agreement.which would impose
additional obligations on the City beyond those which would
be deemed to arise under a reasonable interpretation of this
Agreement, or would purport to change land use designations
applicable to the Project Site under the Specific Plan
Entitlements will be considered "material" and require a
formal amendment of this Agreement.
Section 2. DEVELOPMENT OF TH~ PROPERTy.
A. Land Use Entitlemen=s.
During the term of this Development Agreement, the
permitted uses for the Project, or any portion thereof, the
density and intensity of use, zoning, maximum height and
size of proposed buildings, building and yard setback
requirements, provisions for reservations or dedications,
design and performance standards and other terms and
conditions of development of the Project shall be those set
forth in the Specific Plan Entitlements and any other
applicable Project Entitlements (as hereinafter defined).
Pursuant to the procedures set forth in the
Specific Plan, Property Owner may apply from time to time
for the approval of a master plan ("Master Plan") with
(lrdinance NO. 526
Page 11
improvements, dedications, reservations and other benefits
expressly provided for and set forth in the Specific Plan
Entitlements (collectively, "Exactions"), which Exactions
are set forth in Exhibit "B" attached hereto (provided that,
in the event of any conflict between Exhibit "B" and the
terms of the Specific Plan Entitlements, the Specific Plan
Entitlements shall control). Other than the Exactions, the
phased infrastructure improvements described in Exhibit C,
and the Fees described in Exhibit D, City shall not impose
or require any additional fees, charges, public benefit or
facility payments, mitigations, improvements, dedications,
reservations or benefits for development or construction of
the Project, except as expressly permitted under this
Section 2, of as may be required by applicable state or
federal law.
B. Rules and RSgUlationS.
Pursuant to and consistent with California
Government Code Section 65866, except as otherwise
explicitly provided in this Development Agreement, the
ordinances, rules, regulations and official policies
governing permitted uses of the Project Site, the density
and intensity of such uses, and design, improvement, and
construction standards and specifications applicable to
development of the Project, shall be those ordinances,
rules, regulations and official policies and General Plan
and IASP provisions in force at the time,of execution of
this Development Agreement, including but not limited to the
zoning adopted pursuant to the Specific Plan Entitlements
("Existing Laws"). City shall not be prevented in
subsequent actions applicable to the Project, from applying
new ordinances, rules, regulations, policies and General and
Specific Plan provisions then in effect ("Future Policies")
which do not conflict with the Existing Laws, the Project
Entitlements, or the express provisions of this Development
Agreement. Such conflict shall be deemed to occur if,
without limitation, such Future Policies:
(i) modify the permitted types of land uses,
the density or intensity of use, the maximum height or size
of proposed buildings on the Property, building and yard
setback requirements, or impose requirements for the
construction or provision of on-site or off-site
improvements or the reservation or dedication of land for
public use, or the payment of fees or the imposition of
exactions, other than as are in each case specifically
provided for in this Development Agreement;
(ii) prevent the Property Owner from obtaining
all necessary approvals, permits, certificates or other
The parties expressly acknowledge and agree that Property
Owner retains flexibility hereunder to develop the Property
in-such order and at such rate and times as are appropriate
within the exercise of the Property 0wner's business
judgment. The City further acknowledges that GD may desire
to market, sell, or otherwise arrange for disposition of
some or all of the Planning Areas (including the Golf
Course) comprising the Project Site, in whole or in part
prior to development, and that the rate at which the Project
develops will likely depend upon the business judgement of
subsequent owners of the Project Site.
3. Infrastructure Phasing.
The principal infrastructure associated with the
development of the Project is identified
attached hereto (the "Principal Infrastructure,,). The
Principal Infrastructure will be constructed in phases as
individual Planning Areas are developed or reused as
referenced under recitals paragraph D. The phasing of the
Principal Infrastructure is described further in
4. CitV'S Cooperation.
The City shall use its best good faith efforts to
process and take final action on Property Owner's
applications for land use permits and approvals within the
time periods set forth in the Sub-Area 18 Specific Plan.
Such cooperation shall include, without limitation, using
its reasonable efforts to process subsequent
Development/Design Review projects in accordance with the
time periods set forth in the following paragraph;
completing any required environmental review in accordance
with Section 2E below as soon as reasonably possible; in
instances where a Property Owner is applying for concurrent
land use approvals, including, subdivision, master plan, or
Development/Design Review, carefully coordinating and
streamlining all applicable filing and submission
requirements, committee meetings, review processes, and
hearings to avoid duplication and delays to the greatest
extent practicable; and promptly processing all Non-
Discretionary Permits in accordance with Section 2G below.
Any future regulation, whether adopted by initiative or
otherwise, limiting the rate or timing of development of the
Project Site or the extent thereof shall be deemed to
conflict with the rights to development of the Project
hereunder and shall to that extent not be applicable to the
development of the Property.
City agrees to use its reasonable efforts to
process all Development/Design Review Projects within Sub-
Ordinance No. 526
entitlements at such dates and under such circumstances as
the Property Owner would otherwise be entitled under this
Deyelopment'Agreement;
(iii) prevent or inhibit Property Owner from
commencing, prosecuting and finishing on a timely basis the
construction and development of the Project or the
satisfaction of Property Owner's obligations hereunder in
the manner and as contemplated by this Development
Agreement.
C. Timing Of Development.
1. Development of the Golf Course.
GD has applied to City for the approval of a
parcel map subdividing the Project Site into the Planning
Areas identified in the Sub-Area 18 Specific Plan (the
"Phase I Subdivision") providing for certain improvements
necessary to operate the Golf Course (as defined in
paragraph 2.C.3 below), and deferring improvements on the
remainder of the Project Site until individual Planning
Areas are ready to be developed as contemplated in paragraph
2.C.2 below. In consideration of the rights afforded it
under this Development Agreement, Property Owner agrees that
it will apply to City for the approval of grading and
building permits necessary to develop an 18-hole
championship quality golf course within Planning Areas IA
and IB (the "Golf Course") within 12 monfhs after
recordation of a final parcel map with respect to the Phase
I Subdivision. No Development/Design Review shall be
required with respect to the Golf Course. Upon receipt of
all necessary grading and building permits, Property Owner
agrees to proceed diligently with the construction of the
Golf Course and shall use its best reasonable efforts to
complete construction of the Golf Course, including, without
limitation, all improvements with respect thereto identified
in the Phase I Subdivision, within 24 months after all
applicable permits for construction have been issued. The
periods for proceeding with development and construction of
the Golf Course are subject to extension due to force
majeure events as described in Section 2.C.5 below.
2. Development of Remainder of Project Si~.
Neither Property Owner nor City can presently
predict when or the rate at which phases of the. Project Site
will be developed, since such decisions depend upon numerous
factors which are not within the control of Property Owner,
including but not limited to market orientation and demand,
interest rates, absorption, competition, and other factors.
CTdinanceNo. 526
D. Future EntitlementS.
Ci'ty shall retain its discretionary review
authority with respect to future entitlements for
development. of the Project, including, but not limited to,
to the extent applicable, tentative tract and parcel map
approvals, Master Plan approvals, conditional use permits,
and Development/Design Review. However, any such
discretionary review shall be expressly subject to the
provisions of this Development Agreement, and City may only
impose conditions upon such discretionary entitlements which
are consistent with the Project Entitlemerits, and the terms
of this Development Agreement, except as otherwise
specifically required by state or federal law.
E. Environmental Review.
Other than the mitigation measures and conditions
of approval set forth in the EIR and the Specific Plan
Entitlements (and any additional future mitigation programs
contemplated therein), no other mitigation measures for
environmental impacts created by the Project, as presently
approved and as addressed by the EIR, appear to be
necessary. The EIR was prepared and certified as a Program
EIR within the meaning of 14 Cal. Admin. Code § 15168, and
is intended to analyze and cover the Project as a whole. In
connection with City's issuance of any discretionary permit
or approval which is subject to CEQA, City shall promptly
co~=ience and diligently process any and ~11 initial studies
and assessments required by CEQA, and to the extent
permitted by CEQA, the City shall use and adopt the EIR and
other existing environmental reports and studies as
adequately.addressing the environmental impacts of such
matter or matters without requiring new or supplemental
environmental documentation. In the event CEQA requires any
additionalenvironmental review, the City may impose
additional measures (or conditions) to mitigate as permitted
by law the adverse environmental impacts of such
discretionary entitlements which were not considered at the
time of approval of the Project; provided, however, that:
(i) Unless required by state or federal law,
no new or additional mitigation measures shall be imposed as
a result of any Future Policies; and
(ii) City agrees and acknowledges that the
traffic impact analysis ("TIA") incorporated in the EIR has
fully analyzed the traffic projected to be generated from
the Project, and, in accordance with all applicable legal
requirements, including, without limitation, the TIA
Guidelines set forth in the San Bernardino County Congestion
No. 526
Page 17
defraying all or a portion of the cost of public facilities,
improvements, or amenities related to development projects,
but excluding the Existing Fee Categories ("Other Fees").
The Property Owner's obligation to pay Fees shall be
specifically governed by the following provisions:
1. Processinq FeeS. The City may charge
Processing Fees which are in force and effect on a City-wide
basis at the time of a Property Owner's application for a
land use or building permit or approval. The amount of any
Processing Fees shall be determined by the City in
accordance with all applicable laws, including Government
Code Sections 66013, 66014 and 66017-66018.5 (or any
successor laws, as applicable). Unless otherwise agreed by
Property Owner and City, the Processing Fees assessed
Property Owner shall be the same as those imposed upon other
development projects throughout the City.
2. Existinq Fee Categories. ~
attached hereto contains a description of each of the
Existing Fee Categories and the Property Owner's obligations
with respect thereto. Other than the obligations set forth
in ~a~hi~_~, neither Property Owner nor the Project shall
be subject to any additional City-imposed fees, impositions
or monetary exactions with respect to any Existing Fee
Categories for a period of five (5) years following the date
of this Agreement. No fees in respect of Existing Fee
Categories shall be charged or assessed at any time against
the Golf Course, the golf practice/training facilities and
all golf-related improvements to be located within Planning
Area III, or any improvements to be constructed thereon,
including, without limitation, the clubhouse, maintenance
building, practice facility structure, and any other golf-
related facilities; provided, however, that in the event
Property Owner seeks to expand the clubhouse initially
constructed on the Golf Course in a manner which would, but
for this Agreement, result in the imposition of a fee in
respect of an Existing Fee Category, or, after initial
construction of the Golf Course and related improvements,
Property Owner seeks to construct a separate structure for
restaurant or other public-serving uses unrelated to Golf
Course maintenance or operation, then such activities shall
be subject to fees in respect of Existing Fee Categories as
otherwise provided in this Agreement. Additionally, from
and after the date Property Owner receives
Development/Design Review approval for a construction
project, to the extent any fees, impositions, or monetary
exactions with respect to any Existing Fee Categories are
not otherwise fixed pursuant to this Section 2.F.2, for a
period of five years after the date of such
Development/Design Review approval, such fees shall be those
Ordinance No. 526
Area 18 to be approved by the City Planner in accordance
with the following schedule:
(1) As soon as reasonably possible, but in
any event within thirty (30) days of the submission of an
application for Development/Design Review, the Cou~unity
Development Department shall advise the applicant in writing
of any additional information which needs to be provided in
order to consider such application complete. If, after
resubmittal by the applicant, additional information is
still needed, the Community Development Department shall so
notify the applicant within ten (10) days of such
resubmission; provided, however, that such 10-day period
shall not apply in the event required soils and drainage
reports are not included in the initial submission, and such
period shall not shorten the thirty (30) day period for
reviewing the initial submission application.
(2) In the event no further environmental
review document is required, coL~.ittee reviews and staff
reports shall be completed fifteen (15) days after the date
the application is deemed complete in accordance with
paragraph (1) above (or, in the event the application is
deemed complete prior to the initial 30-day period, within
45 days after initial submission of the application).
(3) In the event that no further
environmental documentation is required as provided above,
the City Planner shall make a final decision on the
application'within thirty (30) days after the application is
deemed complete in accordance with paragraph (1) above (or
if the application is deemed complete prior to the
expiration of the first thirty (30) days after submission,
within sixty (60) days after initial submission of the
application).
5. Force Mateu=e.
Notwithstanding anything to the contrary contained
in this Development Agreement, Property Owner and City shall
be excused from performance of their obligations hereunder
during any period of delay caused by acts of God or civil
co~fu~otion, riots, strikes, picketing, or other labor
disputes, shortage of materials or supplies, or damage to or
prevention of work by reason of fire, floods, earthquake, or
other casualties, litigation, acts or neglect of the other
party, or any other cause beyond the reasoD~hle control of
the City or Property Owner, as applicable. The time of
performance of such obligations as well as the term of this
Development Agreement shall automatically be extended by the
period of such delay hereunder.
~No. 526
with this Agreement. Property Owner shall be entitled to
rely upon such Approved Plans in constructing, developing,
and implementing the Project, and City shall not, within two
(2) years of their approval require Property Owner to modify
or amend any such Approved Plans unless, and only to the
extent, the conditions pursuant to which the Project will be
implemented have materially changed subsequent to the
approval of such Approved Plans in a manner which requires
modifications in order to mitigate specifically identified
threats to the public health and safety, or such changes
arising out of an error or omission by the Property Owner.
H. Cooperation.
1. CooDeratiOn With Other Public A~enciet,
City hereby acknowledges that Property Owner may
apply from time to time for permits and approvals as may be
required by other governmental or quasi-governmental
agencies having jurisdiction over the Project in connection
with the development of, or provision of services to, the
Project, including, without limitation, approvals in
connection with developing and implementing a tertiary water
system, potential transportation improvements, and other on-
site and off-site infrastructure. City shall cooperate with
Property Owner in its efforts to obtain such permits and
approvals from such agencies (including, without limitation,
the Cucamonga County Water District, Chino Basin Municipal
Water District, the Municipal Water District, and the City
of Ontario), and shall provide any documents or certificates
reasonably required to process and obtain such permits and
approvals. Such cooperation may specifically include
assisting Property Owner in obtaining certain permits from
the City of Ontario in connection with the potential
discharge of surface water to drainage improvements to be
located along 4th Street south of the Project Site.
2. Construction of Off-Site Improvements.
To the extent that Property Owner is required to
construct any off-site improvements as a condition to
developing the Project. The Property Owner shall make a
good faith effort to acquire the required off-site property
interests necessary to construct the required public
improvements, and if it should fail to do so, the Property
Owner shall, at least 120 days prior to submittalof the
final subdivision map for approval, enter into an agreement
to complete the improvements pursuant to Government Code
Section 66462 at such time as the City acquires the property
interests required for the improvements. Such agreement
shall provide for payment by the Property Owner of all costs
Ordinance No. 526
Management Plan ("CMP"), a total of 45,200 trips may be
generated prior to the year 2010 without the necessity of
preparing a new TIA. In the event and at such time as the
Project generates more than 45,200 vehicle trips, the City
may require a new TIA in accordance with such CMP standards
as may exist at such time. Except in such event (and except
for such traffic circulation/site-access analysis as may be
reasonably required to determine the configuration and
alignment of streets adjacent or internal to the Project),
no further TIA's shall be required by the City with respect
to implementation of the Project.
The EIR, which has been certified as a Program EIR
under CEQA, also satisfies the requirements of a Master EIR
under Section 21157 of the Public Resources Code. Because
the distinctions between a Program EIR and a Master EIR
remain unclear pending adoption of revised State Guidelines
for implementing CEQA, Property Owner has reserved the right
to request City to adopt such additional resolutions and
findings concerning the status of the EIR as a Master EIR if
subsequent legal requirements make such designation
advisable or desirable in implementing the intent of this
Development Agreement. City agrees to fully cooperate with
Property Owner in complying with such request, and will do
so unless prohibited by applicable state or federal law.
F. City Fees and Mandates by State or Federa~
Law~.
The parties acknowledge and agree that the fees and
impositions which may potentially be imposed by City on the
Project and Property Owner fall within one of three
categories (collectively, "Fees"): (a) fees for processing
land use and building applications which are not otherwise
governed by the provisions of Section 66000 of the
Government Code (but which are subject to the limitations
set forth in Sections 66013, 66014 and 66016-66018.5 of the
Government Code) (the "Processing Fees"); (b) fees or other
monetary exactions which are contemplated under ordinances
or resolutions in effect as of the date of this Development
Agreement and which purport to defray all or a portion of
the cost of impacts to certain public facilities,
improvements and other amenities from development projects,
including any fees described in Government Code
Sections 66000 et. seq. (collectively, the "Existing Fee
Categories,,) (the Existing Fee Categories include any
increases, decreases, or other modifications to existing
fees, so long as such modified fees relate to the same
category of impacts identified in the Existing Fee
Categories); and (c) fees or other monetary exactions which
may be imposed in the future by the City for purposes of
C~No. 526
Page 21
Section 3. ANNUAL REVIEW.
A. Good Faith ComDlianCe.
Pursuant to California Government Code
Section 65865.1, City shall, once every twelve (12) months
during the term of this Development Agreement, review the
extent of good faith substantial compliance by Property
Owner with the terms of this Development Agreement;
provided, however, that it is intended that this review
shall apply to the Project Site as a whole, as opposed to
each individual Property Owner who may own a parcel
comprising the Project Site. In connection with such annual
review, the Property Owner shall provide such information as
may be reasonably requested by the City in order to
determine whether any provisions of this Agreement have been
breached by such Property Owner. If at any time prior to
the review period there is an issue concerning a Property
Owner's compliance with the terms of this Development
Agreement, the provisions of this Section 3 will apply.
B. Certificate of ComplianCe.
If the Property Owner is found to be in compliance
with this Development Agreement after annual review, the
Community Development Director shall, upon written request
by the Property Owner, issue a certificate of compliance
("Certificate of Compliance") to the Property Owner stating
that based upon information known to the City, the
Development Agreement remains in effect and the Property
Owner is not in default. The Certificate of Compliance
shall be in recordable form and shall contain such
information as shall impart constructive record notice of
compliance. The Property Owner may record the Certificate
of Compliance in the Official Records of the County of San
Bernardino.
C. Finding of DefaUlt.
If, upon completion of the annual review, the
Community Development Director intends to find that the
Property Owner has not complied in good faith with the
material terms of this Development Agreement ("Default"), he
shall first give written notice to such effect to the
Property Owner. The notice shall be accompanied by copies
of all staff reports, staff reco~endations and other
information concerning the Property Owner's compliance with
the terms of this Development Agreement as City my possess
which is relevant to determining Property Owner's
performance under this Agreement. The notice shall specify
Ordinance No. 526
adopted by the City as of the date of such
Development/Design Review approval. The period during which
fees are limited as described in this paragraph (and as
further applied in paragraph 3 below) is referred
hereinafter as the "Fee Limitation Period."
3. Q-~. In consideration of the
Exactions and Property Owner's agreement to cause the
development of the Golf Course in accordance with the terms
set forth above, no Other Fees shall be imposed upon
Property Owner or the Project during the applicable Fee
Limitation Period, except as may be specifically required to
carry out any new state or federal law or mandate, or as
necessary to mitigate environmental impacts of the project
in accordance with Section 2E above. In such event, any
such Other Fees shall be limited to Property Owner's fair
share contribution to ~mpacts created by the Project, shall
not discriminate against the Property Owner (as compared to
other property owners in the City), and shall not duplicate
any Exactions or other mitigations or fees contributed or
paid by Property Owner or the Project.
G. Non-Discre~ionazT_ Permits.
The parties acknowledge that in the course of
implementing the Project, Property Owner will, from time to
time, apply to City for various non-discretionary permits,
licenses, consents, certificates, and approvals, including,
without limitation, non-discretionary suDdivision approvals,
grading permits, building permits, certificates of
occupancy, and any permits necessary to connect the Project
to utility systems under the City's jurisdiction
(collectively, the "Non-Discretionary Permits"). Property
Owner shall have the right to apply for any such
Non-Discretionary Permits in accordance with the Existing
Laws (and any applicable Future Policies pursuant to Section
2B). City shall issue to Property Owner, upon such
applications, all necessary Non-Discretionary Permits,
subject to compliance with the terms of this Agreement, the
City's Existing Laws (and any applicable Future Policies
pursuant to Section 2B) and payment of City's usual and
customary fees and charges for such applications and
Non-Discretionary Permits (subject to the provisions of
Section F.1 above). City further agrees that upon its
approval of any plans, specifications, design drawings,
maps, or other submittals of Property Owner in connection
with such Non-Discretionary Permits (the "Approved Plans"),
all further entitlements, approvals, and consents required
from City to implement the Project which are consistent with
and further implement such Approved Plans shall be
expeditiously processed and approved by City in accordance
Ordinance No. 526
Page 23
cure period be less than the time set forth in the finding
of Default made pursuant to Sections 3C or 3D (as
applicable) above or less than the time reasonably necessary
to cure such default. Any such cure period shall be.
extended by the force majeure circumstances described in
Section 2C above.
Section 4. ENFORCEMENT.
A. EnfOrCeable by Either Party.
Subject to all requirements mandated by applicable
state or federal or other law, this Development Agreement
shall be enforceable by any party hereto.
B. Cumulative RemedieS.
In addition to any other rights or remedies, any
party may institute legal action to cure, correct or remedy
any default (to the extent otherwise permitted herein and in
Government Code Section 65864 et seq. or any successor laws
and regulations), to enforce any covenant or agreement
herein, or to enjoin any threatened or attempted violation,
including suits for declaratory relief, specific
performance, and relief in the nature of mandamus. All of
the remedies described above shall be cumulative and not
exclusive of one another, and the exercise of any one or
more of the remedies shall not constitute a waiver or
election with respect to any other availlble remedy. The
provisions of this Section 4B are not intended to modify
other provisions of this Development Agreement and are not
intended to provide additional remedies not otherwise
permitted by law.
C. Attorneys, Fee~.
In any legal proceedings brought by either party to
enforce any covenant or any of such party's rights or
remedies under this Development Agreement, including any
action for declaratory or equitable relief, the prevailing
party shall be entitled to reasonable attorneys' fees and
all reasonable costs, expenses and disbursements in
connection with such action. Any such attorneys' fees and
other expenses incurred by either party in enforcing a
judgment in its favor under this Development Agreement shall
be recoverable separately from and in addition to any other
amount included in such judgment, and such attorneys' fees
obligation is intended to be severable from the other
provisions of this Development Agreement and to survive and
not be merged into any such judgment.
OrdirklnceNo. 526
Page
incurred by the City to acquire the off-site property
interests required in connection with the subdivision.
Security for a portion of these costs shall be in the form
of'a cash deposit in the amount given in an appraisal report
obtained by the Property Owner, at Property Owner cost. The
appraiser shall have been approved by the City prior to
commencement of the appraisal. To the extent that such off-
site improvements, or the construction of any substantial
infrastructure on-site, substantially benefit other property
owners within the IASP or other portions of the City, City
agrees to reasonably assist Property Owner in obtaining
reimbursement or other fair share contribution by such other
benefitted property owners. Such assistance may include,
without limitation, conditioning the approval of development
.'projects proposed by 'uch benefitted property owners upon
such owners' contribution on a fair share, pro-rata basis to
the construction costs of such improvements. City
~pecifically agrees that with respect to the infrastructure
Improvements identified in ~ attached hereto which
are adjacent to and benefit other Properties (whether such
properties are undeveloped or developed), any further
discretionary approvals sought by such property owners shall
be conditioned to require fair share reimbursement to
Property Owner for construction and related costs incurred
in providing such improvements.
3. Public Financing.
The parties hereby acknowledge that substantial
public improvements must be constructed in order to develop
the Golf Course and the remainder of the Project Site and
that public financing of a substantial portion of these
improvements will be critical to the economic viability of
the Project. Subject to the City's ability to make all
findings required by applicable law and complying with all
applicable legal procedures and requirements, City agrees to
cooperate with and assist Property Owner to the fullest
extent possible in developing and implementing a public
financing plan for the construction of the public
infrastructure improvements described in Exhibit C hereto.
the formation of one or more assessment
districts or Mello-Roos community facilities districts, or
other debt securities necessary to implement such plan. All
formation costs shall be borne by the Property Owner.
Ordinance No. 526
Page 25
3. Mortgagee NOt Obligated. Notwithstanding
anything in this Development Agreement to the contrary, (i)
any holder of the beneficial interest under a Mortgage
("Mortgagee") may acquire title to or possession of all or
any portion of the Property or any improvement thereon
pursuant to the remedies provided by its Mortgage, whether
by judicial or nonjudicial foreclosure, deed in lieu of
foreclosure, or otherwise, and such Mortgagee shall not have
any obligation under this Development Agreement to
construct, fund or otherwise perform any affirmative
obligation or affirmative covenant of Property Owner
hereunder or to guarantee such performance, and Mortgagee
may, after acquiring title to all or any portion of the
Property as aforesaid, assign or otherwise transfer the
Property or any such portion thereof to any person or
entity, and upon the giving of notice of such assignment or
transfer to City and the assumption by the assignee or
transferee of the obligations of Property Owner with respect
to the Property or portion thereof so acquired which arise
or accrue from and after the date of assignment or transfer,
Mortgagee shall be relieved and discharged of and from any
and all further obligations or liabilities under this
Development Agreement'with respect to the Property or
portion thereof so assigned or transferred; and (ii) the
consent of City shall not be required for the acquisition of
all or any portion of the Property by any purchaser at a
foreclosure sale conducted pursuant to the terms of any
Mortgage, and such purchaser shall, by virtue of acquiring
title to the Property or such portion thereof, be deemed to
have assumed all obligations of the Property Owner with
respect to the Property or portion thereof so acquired which
arise or accrue subsequent to the date of purchase, but such
purchaser shall not be responsible for any prior defaults of
Property Owner; provided, however, that in either of the
instances referred to in clauses (i) and (ii) above, to the
extent any obligation or covenant to be performed by
Property Owner is a condition to the granting of a specific
benefit or to the performance of a specific covenant by
City, the performance thereof shall continue to be a
condition precedent to City's granting of such benefit and
performance of such covenant hereunder.
4. Notice Of Default to Mortgagee: Right o[
Mort~auee to Cur~. If a Mortgagee files with the City Clerk
a written notice requesting a copy of any notice of default
given Property Owner hereunder and specifying the'address
for delivery thereof, then City shall deliver to such
Mortgagee, concurrently with delivery thereof to Property
Owner, any notice given to Property Owner with respect to
any claim of City that Property Owner has not complied with
the terms hereof or is otherwise in Default hereunder. Each
C~No. 526
Page 22
in detail the grounds and all facts demonstrating such
noncompliance, so that the Property Owner may address the
issues raised on a point-by-point basis. Property Owner
shall have twenty (20) days after its receipt of such notice
to file a written response with 'the Community Development
Director. Within 10 days after the expiration of such 20-
day response period, the Community Development Director
shall notify Property Owner whether Property Owner is deemed
to be in Default under this Agreement ("Notice of Default,,).
Such Notice of Default shall specify the instances in which
the Property Owner has failed to comply with the Development
Agreement and the terms under which compliance can be
obtained. The Notice of Default shall also specify a
reasonable time for the Property Owner to meet the terms of
compliance, which time shall not be less than thirty (30)
days from the date of the Notice of Default and shall be
reasonably related to the time necessary to bring the
Property Owner's performance into good faith compliance.
D. Right to Appea~,
Upon receipt of a Notice of Default, Property Owner
may appeal the Cohm,unity Development Director's decision
directly to the City Council. Such appeal shall be
initiated by filing a written notice of appeal with the City
Clerk within ten (10) calendar days following Property
Owner's receipt of the Notice of Default. The hearing on
such appeal shall be scheduled in accordance with Section
17.02.080 of the City Development Code. ~At the hearing, the
Property Owner shall be entitled to submit evidence and to
address all of the issues raised by the Notice of Default.
If, after considering all of the evidence presented at the
hearing, the City Council finds and determines on the basis
of substantial evidence that the Property Owner is in
Default, then the City Council shall specify in writing to
the. Property Owner the instances in which the Property Owner
has failed to comply and the terms under which compliance
can be obtained, and shall also specify a reasonable time
for the Property Owner to meet the terms of compliance,
which time shall not be less than thirty (30) days from the
date of such notice and shall be reasonably related to the
time necessary to bring the Property Owner's performance
into good faith compliance.
E. ProDe~y 0wner's Cure Ri~htC.
If Property Owner is in Default under this
Development Agreement, it shall have a reasonable period of
time to cure such Default before action is taken by City to
terminate this Agreement or otherwise amend or limit
Property Owner's rights hereunder. In no event shall such
526
~ 27
Owner each agree to execute and deliver (and to acknowledge,
if necessary, for recording purposes) any implementing
agreement necessary to effect such request; provided,
however, that any such implementing agreement shall not in
any material respect adversely affect any rights of City
hereunder or be materially inconsistent with the substantive
provisions of this Development Agreement, the Specific Plan
Entitlements and the Existing Laws.
E. Consent.
Where the consent or approval of a party is
required in or necessary under this Development Agreement,
unless the context otherwise indicates, such consent or
approval shall not be unreasonably withheld.
F. Entire Agreement.
This Development Agreement and the documents
attached hereto and referred to herein constitute the entire
agreement between the parties with respect to the subject
matter of this Development Agreement.
G~ Further AC~iOn~ and Instruments.
Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent
contemplated hereunder in the performance of all obligations
under this Development Agreement and the'satisfaction of the
conditions of this Development Agreement.
H. Governing L~w.
This Development Agreement, including, without
limitation, its existence, validity, construction and
operation, and the rights of each of the parties shall be
determined in accordance with the laws of the State of
California.
I. ~_~.
The City Clerk shall cause a copy of this
Development Agreement to be recorded in the office of the
Recorder of San Bernardino County no later than ten (10)
days following execution of this Development Agreement by
all parties.
J. Time.
Time is of the essence in this Development
Agreement and of each and every term and condition hereof.
Ordinance No. 526
Section 5. MISCELLANEOUS PROVISIONS.
A. SucceSSorS and ASsigns.
The terms of this Development Agreement shall be
binding upon an inure to the benefit of the parties, and
their successors and assigns.
B. Project aS a Private Undertaking.
It is specifically understood and agreed by and
between the parties hereto that the Project is a private
development, that neither party is acting as the agent of
the other in any respect hereunder, and that each party is
an independent contracting entity with respect to the terms,
covenants and conditions contained in this Development
Agreement. No partnership, joint venture or other
association of any kind is formed by this Development
Agreement. The only relationship between the City and
Property Owner is that of a government entity regulating the
development of private property and the owner of such
private property.
C. gap_~h~a~.
The captions of this Development Agreement are for
convenience and reference only and shall in no way define,
explain, modify, construe, limit, amplify or aid in the
interpretation, construction or meaning ~f any of the
provisions of this Development Agreement.
D. M0rtgag~ Protection.
1. DiscretiOn to Encumber. This Development
Agreement shall not prevent or limit Property Owner, in any
manner, at Property Owner's sole discretion, from
encumbering the Property or any portion of the Property or
any improvement on the Property by any mortgage, deed of
trust or other security device securing financing with
respect to all or any part of the Property or any
improvement thereon (a "Mortgage',).
2. Effec~ of Default. This Development
Agreement shall be superior and senior to any Mortgage
subsequently placed upon the Property, or any portion
thereof, or any improvement thereon, including the lien of
any mortgage or deed of trust. Despite the foregoing,
breach of any provision of this Development Agreement shall
not defeat, render invalid, diminish or impair the lien of
any Mortgage made in good faith and for value.
NO. 526
Page 29
With copies to: Mr. Stephen Eimer
1412 Canterra Court
Pebble Beach, California 93953
Morrison & Foerster
555 West 5th Street, Suite 3500
Los Angeles, CA 90017-1027
Attention: Donald I. Berger, Esq.
Either party may change its mailing address or the person to
whom notices are to be sent at any time by giving written
notice of such change to the other party in the manner
provided herein.
N. Binding EffeCt.
The covenants and agreements contained in this
Development Agreement shall inure to the benefit of, and
shall be binding upon each of the parties and their
respective heirs, administrators, successors and assigns.
O. IndemnifiCatiOn.
GD hereby agrees to indemnify, defend, and hold
harmless City and its agents, officers, and employees (the
"Indemnified Parties") from and against any claim, action,
or proceeding against the Indemnified Parties to attack, set
aside, void, or annul the approval of this Development
Agreement. GD's obligations under this ~ection 4.0 are
subject to and conditioned upon City and GD entering into a
mutually satisfactory Joint Defense Agreement pursuant to
which City shall cooperate fully with GD in the defense of
the lawsuit, GD will be entitled to coordinate and direct
the prosecution and defense of such lawsuit, and GD shall
retain settlement authority with respect thereto. City and
GD agree not to unreasonably withhold or delay their
approval of such Joint Defense Agreement.
Ord/nance No. 526
such Mortgagee shall have the right (but not the obligation)
for a period of thirty (30) days after the expiration of any
cure period given to Property Owner with respect to such
Default, to cure said default; provided, however, that if
any such Default cannot, with diligence, be remedied or
cured within such thirty (30) day period, then such
Mortgagee shall have such additional time as may be
reasonably necessary to remedy or cure such Default if such
Mortgagee commences to remedy or cure within such thirty
(30) day period, and thereafter diligently pursues and
completes such remedy or cure. Notwithstanding the
foregoing, if the Default is of a nature which can only be
cured by Mortgagee by obtaining possession, such Mortgagee
shall be deened to have remedied or cured such Default if
such Mortgagee shall, within such thirty (30) day period,
congruence efforts to obtain possession and carry the same
forward with diligence and continuity through implementation
of foreclosure, appointment of a receiver or otherwise, and
shall thereafter remedy or cure or commence to remedy or
cure the Default within the cure period specified in Section
3E above.
5. =~a~]~. Notwithstanding the
provisions of paragraph 4 above, if a Mortgagee is
prohibited from commencing or prosecuting foreclosure or
other appropriate proceedings in the nature thereof to
obtain possession of the Project Site by any process or
injunction issued by any court or by reason of any action by
any court having jurisdiction of any bankruptcy or
insolvency proceeding involving Property Owner, Mortgagee
shall for the purposes hereof be deemed to be proceeding
with diligence and continuity to obtain possession of the
Property during the period of such prohibition if Mortgagee
is proceeding diligently to terminate such prohibition.
6. Amendment to Development Aareemen~. City
and Property Owner agree not to modify or amend this
Development Agreement or allow this Development Agreement to
be modified or amended in any way, or cancel this
Development Agreement, without the prior written consent of
each Mortgagee, which consent shall not be unreasonably
withheld or delayed. Notwithstanding anything stated above
to the contrary, City and Property Owner shall cooperate in
including in this Development Agreement by suitable
implementing agreement from time to time any provision which
may reasonably be requested by a proposed Mortgagee for the
purpose of implementing the mortgagee-protection provisions
contained in this Development Agreement and allowing such
Mortgagee reasonable means to protect or preserve the lien
of the Mortgage on the occurrence of a default under the
terms of this Development Agreement. City and Property
EXI!IBIT A
(X'd.inanc~ 1~. 526
LEGAL DESCRIPTION
GENERAL DYNAMICS DEVELOPMENT AGREEMENT
DESCRIPTION
PARCEL A:
THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, 15 AND"16 IN THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIp I SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP OF CUCAMONGA
LANDS ON FILE IN BOOK 4, PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, AND THAT PORTION OF CLEVELAND AVENUE VACATED BY THE COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, RESOLUTION NO. 81-94, RECORDED JUNE 29, 1981, AS INSTRUMENT NO.
81-142194 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER, AND THAT PORTION
OF 8TH STREET VACATED BY THE COUNCIL OF TIlE CITY OF RANCNO CUCAMONGA, RESOLUTION NO.
83-99, RECORDED JULY 5, 1983, AS INSTRUMENT NO. 83-148882 OF SAID OFFICIAL RECORDS,
AND BEING MORE PARTICULARLy DESCRIBED AS A W}~LE AS FOLLOWS~
BEGINNING AT THE INTERSECTION OF THE SOUTHERLy LINE OF THE NORTHERLy 50.00 FEET OF
SAID SECTION 13 WITH THE WESTERLy LINE OF THE EASTERLy 30.00 FEET OF SAID SECTION 13;
THENCE ALONG SAID WESTERLY LINE, SOUTH 00° 05' 03" EAST 597.60 FEET TO THE SOUTHEAST
CORNER OF THE LAND DESCRIBED AS PARCEL 2 IN CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT, RECORDED JUNE 5, 1989, AS INSTRUMENT NO. 89-202498 OF SAID OFFICIAL
RECORDS, SAID SOUTHEAST CORNER BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLy LINE, SOUTI! 00° 05' 03"'EAST 1983.13 FEET TO THE
NORTIIERLy LINE OF THE SOUTHERLy 30.00 FEET OF SAID NORTHEAST QUARTER OF SECTION 13;
THENCE ALONG SAID NORT!IERLy LINE, NORTH 89o 31' 41" WEST 2594.98 FEET TO Tt{E EASTERLy
LINE OF THE WESTERLy 30'.00 FEET OF SAID NORTHEAST QUARTER OF SECTION 13;
THENCE ALONG SAID EASTERLY LINE, NORTH 00" 06' 32" WEST 1412.83 FEET TO THE EASTERLy
PROJECTION OF THE SOUTH LINE OF PARCEL 11 OF AMENDING MAP OF PARCEL MAP NO. 6194, AS
SHOWN BY MAP ON FILE IN BOOK 66, PAGES 66 THROUGH 70, I~CLUSIVE, OF PARCEL MAPS, IN
SAID OFFICE OF THE COUNTY RECORDER;
THENCE ALONG SAID PROJECTION, NORTH 85~ 51' 44" WEST 30.08 FEET TO THE WESTERLy LINE
OF SAID NORTHEAST QUARTER OF SECTION 13, SAID WESTERLy LINE ALSO BEING THE EASTERLy
LINE OF SAID AMENDING MAP OF PARCEL MAP NO. 6194;
THENCE ALONG THE LAST MENTIONED WESTERLy LINE, NORTH O0~ 06' 32" WEST 1151.23 FEET TO
SAID SOUTHERLy LINE OF THE NORTHERLy 50.00 FEET OF SAID SECTION 13;
THENCE ALONG THE LAST MENTIONED SOUTHERLy LINE, SOUTH 89· 51' 00" EAST 1895.99 FEET TO
THE NORTHWEST CORNER OF SAID LAND DESCRIBED AS PARCEL 2 IN CERTIFICATE OF COMPLIANCE
FOR LOT LINE ADJUSTMENT;
THENCE ALONG THE WESTERLy AND SOUTHERLy LINES, RESPECTIVELy, OF SAID LAND DESCRIBED AS
PARCEL 2, SOUTH 00~ 05' 03" EAST 599.15 FEET AND SOUTH 89" 58' 09" EAST 730.00 FEET TO
THE TRUE POINT OF BEGINNING.
A PORTION OF SAID LAND BEING PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT, RECORDED JUNE 5, 1989, AS INSTRUMENT NO. 89-202498 OF SAID OFFICIAL
RECORDS.
PARCEL B:
THAT PORTION OF LOT 1 IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIp 1 SOUTH, RANGE
7 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP OF CUCAMONGA LANDS ON FILE IN BOOK 4,
PAGE 9 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 30.00 FEET WESTERLY AND 50.00 FEET SOUTHERLy OF THE NORTHEAST
CORNER OF SAID SECTION 13;
-THENCE SOUTH O0o 14' 31" EAST, 597.60 FEET TO THE NORTH LINE OF A 40.00 FOOT WIDE
Ordinance No. 526
Page 28
The failure of either party at any time to seek
redress for any violation of this Development Agreement or
any applicable law or regulation or to insist upon the
strict performance of any term or condition shall not
prevent any subsequent act or omission of the same or
similar nature which would have originally constituted a
breach of or default under this Development Agreement from
having all the force and effect of an original breach or
default, and such subsequent act or omission may be
proceeded against to the fullest extent provided by this
Development Agreement. No provision of this Development
Agreement shall be deemed to have been waived by a party
unless the waiver is in writing and signed by such party.
L. Partial Invalidity.
If any term, covenant, condition or provision of
this Development Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the
remainder of the provisions hereof shall remain in full
force and effect and shall in no way be affected, impaired
or invalidated thereby.
All notices between the City and the Property Owner
and any transferee under this Developmen~ Agreement shall be
in writing and shall be given by personal delivery, mail or
facsimile. Notice by personal delivery or facsimile shall
be deemed effective upon the delivery of such notice to the
party for which it is intended at the address set forth
below (or, in the case of a transferee, at the address
specified by such transferee in a written notice to City).
Notice bymail shall be deemed effective two (2) business
days after depositing such notice postage prepaid,
registered or certified, return receipt requested, properly
sealed with the United States Postal Service, addressed as
set forth below, regardless of whether or when the notice is
actually received. The parties' current address are as
follows:
To City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attn: Community Development Director
To Property Owner: General Dynamics
5001 Kearny Villa Road
San Diego, California 92123
Attn: Mr. Richard Hadinger
Ordinance No. 526
Page 33
DESCRIPTION
THENCE ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID LOT 24 IN SECTION 13 OF
CUCAMONGA LANDS, SOUTH 89" 28' 04" EAST 30.00 FEET TO THE EASTERLY LINE OF SAID LOT 24
IN SECTION 13 OF CUCAMONGA LANDS;
THENCE ALONG THE EASTERLY LINE OF SAID LOTS 24 AND 25 IN SECTION 13 OF CUCAMONGA
LANDS, AND ALONG THE EASTERLY LINE OF SAID LOT I IN BLOCK 13 OF TRACT NO. 2244, SOUTH
00° 05' 22" EAST 1008.59 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL
2 IN CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT, RECORDED FEBRUARY 28, 1989, AS
INSTRUMENT NO. 89-070578 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER;
THENCE ALONG THE NORTHERLY, WESTERLY AND SOUTHERLY LINES, RESPECTIVELY, OF SAID LAND
DESCRIBED AS PARCEL 2, NORTH 89° 24' 47" WEST 103.01 FEET, SOUTH 00° 05' 22" EAST 89.05
FEET, AND SOUTH 89° 24' 47" EAST 103.01 FEET TO SAID EASTERLY LINE OF LOT I IN BLOCK
13 OF TRACT NO. 2244;
THENCE ALONG THE LAST MENTIONED EASTERLY LINE,'KLSO BEING SAID WESTERLy LIN~ OF THE
EASTERLY 30.00 FEET OF SAID SECTION 13, SOUTH 00~ 05' 22" EAST 505.17 FEET TO THE
POINT OF BEGINNING.
A PORTION OF SAID LAND BEING PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT, RECORDED FEBRUARY 28, 1989, AS INSTRUMENT NO. 89-070578 OF SAID OFFICIAL
RECORDS.
PARCEL D
LOT 27 AND LOT 30 OF SECTION 13, TOWNSHIP i SOUTH, RANGE 7 WEST, ACCORDING TO MAP OF
CUCAMONGA FRUIT LANDS IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
3F CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LOT 27 LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT THE SOUTHEASTERLy CORNER OF SAID LOT 30, BEING ALSO THE INTERSECTION OF
THE CENTERLINES OF FOURTH ST. AND CLEVELAND AVE.;
THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY OF SAID LOTS 30 AND 27, BEING ALSO THE
CENTERLINE OF SAID CLEVELAND AVE., 1166.10 FEET TO THE TRUE POINT OF BEGINNING;
THENCE WESTERLY ON A LINE PERPENDICULAR TO SAID EASTERLY BOUNDARy OF SAID LOTS 27 AND
30, 1326.47 FEET MORE OR LESS TO THE WESTERLY BOUNDRY OF SAID LOT 27.
ALSO EXCEPTING THEREFROM THE NORTH 27 FEET OF THE SOUTH 60 FEET OF SAID LOT 30; BEING
MEASURED FROM THE CENTER LINE DF SAN BERNARDINO AVENUE, AS SHOWN ON SAID MAP, CONVEYED
TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED DECEMBER 29, 1969 IN BOOK 7361 PAGE
683 OFFICIAL RECORDS.
NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE
CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
PARCEL E:
LOT 19 AND LOT 22 OF SECTION 13, TOWNSHIP i SOUTH, RANGE 7 WEST, ACCORDING TO MAP OF
CUCAMONGA FRUIT LANDS IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE
F CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF LOT 27 OF SAID SECTION 13, ACCORDING TO SAID MAP OF
CUCAMONGA FRUIT LANDS, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
Ord~ No. 526
Page 3o
IN WITNESS WHEREOF, the parties have duly executed
this Development Agreement as of the day and year first
above written.
CITY OF RANCHO CUCAMONGA GENERAL DYNAMICS CORPOP~ATION,
a Delaware corporation
By: By:
Mayor Name:
Its:
ATTESTED TO: By:
Name:
Its:
City Clerk
APPROVED AS TO FOP, M:
City Attorney
Ordinance No. 526
page
,
_.. .,,. .... ~ - =.;7.. .--_- i!.- ....- "
~ ":.':' -.
·.,
~i! l.i~', I i ..
(~)
.il ,, I
;l I "' l
:I I I "
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c:
·
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C:)
Ord~ No. 526
Page 32
DESCRIPTION
EASEMENT GR~NTED TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, A PUBLIC
CORPORATION, RECORDED FEBRUARy 19, 1936, IN BOOK 1117, PAGE 423, OFFICIAL RECORDS;
THENCE ALONG SAID NORTHERLy LINE SOUTH 89° 52' 19" WEST, 730.00 FEET;
THENCE NORTH 00o 14' 31" WEST, 599.14 FEET TO A POINT 50.00 FEET SOUTHERLy OF THE
NORTH LINE OF SAID SECTION 13;
THENCE NORTH 89o 59' 32" EAST, 730.00 FEET TO THE TRUE POINT OF BEGINNING.
SAID LAND IS ALSO DESCRIBED AS PARCEL 2 IN A CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT, RECORDED JUNE 5, 1989 AS INSTRUMENT NO. 89-202498 OFFICIAL RECORDS.
PARCEL C:
PARCELS 1 THROUGH 26, INCLUSIVE, OF PARCEL MAP NO. 4907, AS SHOWN BY MAp ON FILE IN
BOOK 52, PAGES 54 AND 55 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND THOMAS STREET AND VINCENT AVENUE AS
SHOWN ON SAID MAp OF PARCEL MAp NO. 4907, AND PARCEL 1 OF PARCEL MAp NO. 8889, AS
SHOWN BY MAP ON FILE IN BOOK 92, PAGES 46 AND 47 OF SAID PARCEL MAPS, AND THAT PORTION
OF LOT 1 IN BLOCK 13 OF TRACT NO. 2244, AS SHOWN BY MAp ON FILE IN BOOK 35, PAGES 50
THROUGH 56, INCLUSIVE, OF MAPS, IN SAID OFFICE OF THE COUNTY RECORDER, AND THOSE
PORTIONS OF LOTS 24, 25 AND 26 IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIp 1
SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN, AS SHOWN ON MAP OF CUCAMONGA LANDS ON
FILE IN BOOK 4, PAGE 9 OF SAID MAPS, ALL IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, AND BEING MORE PARTICULARLy DESCRIBED AS A WHOLE
AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF THE EASTERLy 30.00 FEET OF SAID
SECTION 13 WITH THE NORTHERLy LINE OF THE SOUTHERLY 60.00 FEET OF SAID SECTION 13;
THENCE ALONG SAID NORTHERLy LINE, NORTH 89o 22' 30" WEST 2560.46 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE NORTHEASTERLy HAVING A RADIUS OF 20.00 FEET IN THE BOUNDARY
LINE OF SAID PARCEL 26 OF PARCEL MAp NO. 4907;
THENCE WESTERLY AND NORTHERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89"
AN ARC DISTANCE OF 31.16 FEET TO THE EASTERLy LINE OF THE WESTERLy 44.00 FEET 16'
SOUTHEAST QUARTER OF SECTION 13; OF SAID
THENCE ALONG SAID.EASTERLy LINE, NORTH 00o 06' 29" WEST 583.71 FEET TO THE SOUTHERLy
LINE OF SAID LOT 26 IN SECTION 13 OF CUCARONGA LANDS;
THENCE ALONG SAID SOUTHERLy LINE, NORTH 89~ 24' 50" WEST 14.00 FEET TO THE SOUTHWEST
CORNER OF SAID LOT 26;
THENCE ALONG THE WESTERLy LINE OF SAID LOT 26, NORTH 00~ 06' 29" WEST 331.64 FEET TO
THE WESTERLy PROLONGATION OF THE MOST SOUTHERLY LINE OF SAID PARCEL 1 OF PARCEL MAp
NO. 8889;
THENCE ALONG SAID PROLONGATION, SOUTH 89~ 26' 02" EAST 14.00 FEET TO THE SOUTHWEST
CORNER OF THE LAST MENTIONED PARCEL 1;
THE FOLLOWING FIVE (5) COURSES AND DISTANCES BEING ALONG THE WESTERLY, NORTHERLy AND
EASTERLy BOUNDARY LINES, RESPECTIVELy, OF SAID LAST MENTIONED PARCEL 1;
THENCE NORTH 00o 06' 29" WEST 1574.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLy HAVING A RADIUS OF 24.00 FEET;
THENCE NORTHERLy AND EASTERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90~ 34' 48"
AN ARC DISTANCE OF 37.94 FEET;
THENCE TANGENT TO SAID CURVE, SOUTH 89~ 31' 41" EAST 2502.94 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE SOUTHWESTERLy HAVING A RADIUS OF 24.00 FEET;
THENCE EASTERLY AND SOUTHERLy ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89~ 26' 19"
AN ARC DISTANCE OF 37.46 FEET;
· THENCE TANGENT TO SAID CURVE, SOUTH 00~ 05' 22" EAST 914.09 FEET TO THE MOST EASTERLY
SOUTHEAST CORNER OF SAID LAST MENTIONED PARCEL 1;
Ordinance No. 526
Page 34
DESCRIPTION
BEGINNING AT THE SOUTHEASTERLy CORNER OF LOT 30 OF SAID SECTION 13, OF SAID MAP OF
CUCAMONGA FRUIT LANDS, BEING ALSO THE INTERSECTION OF THE CENTERLINES OF FOURTH ST
AND CLEVELAND AVE.; .
THENCE NORTHERLy ALONG THE EASTERLY BOUNDARy OF SAID LOTS 30 AND 27, BEING ALSO THE
CENTERLINE OF SAID CLEVELAND AVE., 1166.10 FEET TO THE TRUE POINT OF BEGINNING;
THENCE WESTERLY ON A LINE PERPENDICULAR TO SAID EASTERLY BOUNDARy OF SAID LOTS 27 AND
30, 1326.47 FEET MORE OR LESS TO THE WESTERLY BOUNDARY OF SAID LOT 27.
NOTE: THE AREA AND DISTANCES OF THE ABOVE DESCRIBED PROPERTY ARE COMPUTED TO THE
CENTERS OF THE ADJOINING STREETS SHOWN ON SAID MAP.
526
(i='dinazx~ No. 526
Page 38
EXHIBIT B
GENERAL DYNAMICS DEVELOPMENT AGREEMENT
EXACTIONS
The Specific Plan Entitlement (collectively. "Exactions") consist of the following documents:
City Council Ordinance No. 525 approving the Specific Plan 93-01 (Subarea 18
Specific Plan)
Mitigation Monitoring Program for the Rancho Cucamonga IASP Subarea 18
Specific Plan EIR, dated May 4, 1994, and prepared by Michael Brandman
Associates.
Planning Commission Resolution No. 94-32 approving tentative Parcel Map 14647
Ordinance No. 526
Page
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OF
RANCHO CUCAMONGA CALIFORNIA, APPROVING SPECIFIC PLAN
93-01, Tt~ SUBAREA 18 SPECIFIC PLAN, AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(l) On January 26, February 23, and March 23, 1994, the Planning
Commission of the City of Rancho Cucamonga conducted meetings on
the Specific Plan. On January 26, and continued to February 23,
1994, and on April 27, 1994, the Commission conducted duly noticed
public hearings on the related Environmental Impact Report. On
April 27, 1994, the Commission conducted a duly noticed public
hearing concerning the recommended adoption of the ~Subarea 18
Specific Plan, hereinafter referred to as the "Plan".
(ii) On june 1, 1994, the City Council of the City of Rancho Cucamonga
conducted a duly noticed public hearing concerning the adoption of
the Plan.
(ill) The Plan comprises approximately 380 acres of land bounded on the
south by 4th Street, on the east by Millikan Avenue, on the north
by ,the ~.T. & S.F. (Herrclink) Railroad, and on the west by
Cleveland Avenue and Utica Avenue, all as .referenced in the
Conceptual Land Use Plan, Figure 4-4, ofjthe Plan.
(iv) On file in the City Clerk's office, and incorporated herein by this
reference, is a full, true, and correct copy of the Plan.
(v) All legal prerequisites prior to the adoption of this Ordinance
have occurred.
B. Ordinance.
NOW ~IEREFORE, the City Council of the City of Rancho. Cucamonga does
hereby find, determine, and ordain as follows:
1- This Council hereby specifically finds that all of the facts as set
forth in the Recitals, Part A, of this Ordinance are true and
correct.
2. Prior to the adoption of this Ordinance, this Council.has reviewed
the Final Environmental Impact Report for the Plan, General Plan
93-02A and Industrial Specific Plan Amendment 93-03 and certified
the Report, including adoption of a Statement of Overriding
Considerations, in compliance with the California Environmental
Ord~No. 526
CITY COLR~CIL ORDrNANCE NO.
SPECIFIC PLAN 93-01 - GENERAL DY~A~[CS
June 1, 1994
Page 3
2) A copy of Planning Con~nission Resolution No 94129
and this Ordinance shall be included within the
Plan text after the title page.
3) Utilities shall be undergrounded per Planning
Connission Resolution No. 87-96 , with t. he
following understandingz
a) 4th Street - The golf course developer'shall
be responsible for undergrounding along the
golf course frontage of 4th Street. Said
undergrounding may be deferred until the
development of Planning Areas V, VI, or VII,
if secured by an in-lieu fee.
b) 6th Street - The golf course developer shall
be responsible for undergrounding utilities
between Cleveland Avenue and ~he westerly
boundary of Planning Area IX at the time of
the golf course development.
c) A. T. & S. F. Rail Line - Utilities shall be
undergrounded with the golf course
development.
4) The applicant shall prepare supplemental design
guidelines to create a distinguishing character
for the 380 acre project. The guidelines shall
include unifying design concepts for entry
statements, signage, and street furniture [e.g.,
lighting standards, bollards, benches, etc.i. The
guidelines shall be submitte~ for review and
approval by the Planning Coffmission prior to the
application for development of any planning area,
except for the golf course.
6. Pursuant to provisions of California Public ReSources Code Section
21089(b), this application shall not be operative, vested or final,
nor will building permits be issued or a map recorded, until (1)
the Notice of Determination (NOD) regarding the associated
environmental action is filed and posted with the Clerk of the
Board of Supervisors of the County of San Bernardinol and (2) any
and all required filing fees assessed pursuant to California Fish
and Game Code Section 711.4, together with any required handling
charges, are paid to the County Clerk of the County of San
Bernardino.
In the event this application is determined exempt from such filing
fees pursuant to the provLsions of the California Fish and Game
OZ~NO. 526
Page 43
DRAFT
MITIGATION MONITORING PROGRAM
FOR TIlE
RANClIO CUCA~IONGA IASP SUB-AREA 18 SPECIHC PLAN EIR
State Clearinghouse Number 93 102055
Submitted to:
City of Rancho Cucamonga
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Contact: Dan Coleman, Principal Planner
Prepared by:
Michael Brandman Associates
Carnegie Centre
2530 Red Hill Avenue
Santa Ana, California 92705
Contact: Thomas E. Smith, AICP, Project Director
Michael E. Houlihan, Project Manager
May 4, 1994
Ordinance No. 526
Page40
CITY CO~C[L OFUDINANCE
SPECIFIC PLAN 93-01 - GENERAL D~AHICS
June 1, 1994
Page 2
Quality Act of 1970, as amended, and the Guidelines promulgated
thereunder.
3. Prior to the adoption of this Ordinance, this Council has adopted
General Plan Amendment No. 93-02A and Industria~ Specific Plan
AmencEment 93-03.
4. This Council hereby finds that the Plan has been drafted to
include, in ~ext and accompanying diagrams, all of the information
. as follows:
"' a. , The distribution, location, and extent of the land uses,
· including open space, within the area covered by the Plans and
b. The proposed distribution, location, extent, and intensity of
major components of public and private transportation, sewage,
water, drainage, solid waste disposal, energy, and other
essential infrastructure proposed to be located within the
area of the Plan and needed to support the land uses described
in the Plans and
, c. The standards and criteria by which development will proceed
"' for lan~' uses within the Plan and standards for the
'conServation, development and utilization of natural
resources, where applicable, within the area of the Plans and
d. A description of the implementation measures, including
regulations, programs, public works projects, and financing
measures necessary to carry out those provisions referenced in
subparagraphs a, b, and c above within the area of the Plan.
5. This Council hereby adopts Specific Plan 93-01, the Sobered 18
Specific Plan, on file in the City Clerk's office and incorporated
heroin by this reference, subject to each and every environmental
mitigation measure set forth in full, in the "Mitigation Monitoring
Plan" for the Rancho Cucamonga Industrial Area Specific 18 Specific
Plan fIR", and subject to the following conditionst
1) Within 45 days of City Council approval, a revised
.s Plan text, Final fIR, and Mitigation Monitoring
Plan incorporating the changes required shall be
submitted to the Community Development Director
." , for review and approval. Upon acceptance by the
, Community Development Director, a total of 25
" ' unbound, 3-hole punch, copies of these documents
" shall be submitted for distribution to the City
Council, the City Clerk, the Planning Commission,
and staff. In addition, one unbound original copy
each, and one executehie copy each, on a 3.5 inch
computer diskette in a format acceptable to City,
shall be submitted.
Crrd~ No. 526
Page
1.0 INTRODUCTION
Section 21081.6 to the Public Resources Code requires a lead or responsible agency that approves or
carries out a project where an envirom'nental impact report has identified significant envirorunen~
effects to adopt a "reporting or monitoring program for adopted or required change~ to mitigate or
avoid signA~cant environmental effects." The City of Rancho Cucarnonga is the lead agency for the
Rancho Cucamonga IASP Sub-Area 18 Specific Plan EIR. A dra.t:t environmental impact report has
been prepared for this project and addressed potential environmental impacts and, where appropriate,
recommended measures to mitigate these impacts. As such, a mitigation reporting or monitoring
program is required to ensure that adopted mitigation measures are implemented.
The project is located at the southern boundary of the City of Rancho Cucamonga and is within the
existing Industfiai Area Specific Plan GASP). The project site is bounded by Fourth Su'eet to the
south, on the east by Milliken Avenue, on the north by the AT&SF railroad, and on the west by Utica
Street and Cleveland Avenue. The proposed Sub-Area Specific Plan would include a broad mix of
uses that could include a hotel/conference center, retail, restaurant, and entertainment, as well as
office, re,search and development, and light industrial uses centering around an 18-hole golf course.
2.0 PROGRAM MANAGEMENT
The mitigation monitoring plan {MMP) for the Rancho Cucamonga IASP Sub-Area 18 Specific Plan
EIR will be in place through all phases of project approval. Enforcement of the MMP will be the
responsibility of a Project Manager (PM).
1.1 ROLES AND IIs'SPONSIBILITIES: PROJECT MANAGER
The PM is assigned by the Community Development Department Director. The PM assigned to the
proposed project will supervise the MMP through all phases of project approval and is responsible for
the overall management of the MMP. The mitigation measures identified in the MMP fall into two
categories:
1. Measures that need to be satisfied prior to the issuance of building permits, and
2. Measures that are implemented with subsequent levels of development through
conditions of approval.
The PM is thoroughly familiar with the project and qualified to determine if an adopted measure is
being properly implemented. The PM oversees the MMP and reviews the Reporting and
Implementation (R&D Forms to ensure they are filled out correctly and proper action is being taken
on each measure. The PM and/or an assignee will also be responsible for the filing and updating of
me R&I Forms during all phases of the project. The PM will determine the need for a measure to
JBJI9OgOOO! .MMP
Ordi/klnC~NO. 526
Page 42
CITY COU~ICIL ORDINANCE ~iO.
SPECIFIC PLAN 93-G1 - GENERAL DYNkMICS
June 1, 1994
Page 4
Code, or the guidelines promulgated thereunder, except for payment
of any required handling charge for filing a Certificate of Fee
Exemption, this condition shall be deemed null and void.
7. The Mayor shall sign and the City Clerk shall certify as to the
adoption of this Ordinance and shall cause the same to be published
within 15 days after its passage at least once in the Inland Valley
Daily Bulletin, a newspaper of general circulation published in the
City of Ontario, California, and circulated in the City of Rancho
Cucamonga, California.
Ord~ No. 526
R&I Forms
R&I Forms are designed to record the monitoring activity in a consistent manner with appropriate
approvals. The R&I Form is placed in the MMP files. A suggested copy of the form is in this
program description as Attachment A.
Environmenlql Compliance Verification
At the completion of construction contracts that are part of the overall development of the project, a
verification of environmental compliance is executed by the PM. The verification conc$udes the
construction monitoring process for the contract.
Mitizali0n Monitorine Proe_ram Procedure
The policies and pro~:edures for the MMP described herein are intended to provide focused, yet
flexible guidelines for monitoring the implementation of the mitigation measures discussed in the drait
EIR. Table I lisu each mitigation measure and the implementor, the responsible party for monitoring,
and the timing of implementation for each mitigation measure for the proposed project. Table I also
provides the PM a verification of compliance for each mitigation measure during each applicable phase
of the project. An R&[ form (see Attachment A) is prepared for each potential significant impact and
its corresponding mitigation measure. After each measure is verified for compliance, no further action
is required for the specific phase. The PM shall initial and date the measure on Table 1.
Proe. ram EIR
A Program EIR has been prepared and certified for the Rancho Cucamonga Sub-Area 18 Specific
Plan, within the meaning of 14 California Administrative Code Section 15168, and is intended to
analyze and cover the project as a whole. Each discretionary project application within the Sub-Area
Specific Plan area will need to include any and all initial studies and assessments required by CEQA.
To the extent permitted by CEQA, no further environmental assessment beyond the Program EIR is
considered necessary. In the event CEQA requires any additional environmental review, the City may
impose ~dditional measures (or conditions) to mitigate adverse impacu which were not considered at
the time the Sub-Area 18 Specific Plan was approved, and which are otherwise consistent with the
provisions of any development agreement between the City and the property owner.
Di~oosition of Monitorine Forms
All active and completed R&I Forms are kept in the MMP file with the City of Rancho Cucamonga
during the pre-design, design, construction, and operational phases of the project. Reports will be
available from the city upon request at the following address:
City of Rancho Cucamonga (Lead Agency)
Planning Department
10500 Civic Center Drive
Rancho Cucamonga, California 91730
JB/19OgiO(X)I MMP 3
Ordinance No. 526
Page 44
TABLE OF CONTENTS
Section Pa~e
1.0 INTI~ODU~ON ..................................... 1
2.0 PROGRAM MANAGE1ViENT ............................. I
2. l Role~ and Responsibiliti~ ........................... l
2.2 G~n=ral ProcMure~ ............................... 2
Attachment
A Sample Reporting and Implementation Form
O~No. 526
Page 49
~ No. 526
Pac~ 46
be modified and ensure the use of a mitigation specialist if technical expertise beyond the PM's is
required. If it is found that an adopted mitigation measure is not being properly implemented, the PM
would require corrective actions to ensure adequate implementation. The responsibilities of the PM
include the following:
I. An MMP Reporting Form will be prepared for each potential significant impact and
its corresponding mitigation identified in the list of mitigation measures attached
hereto.
2. Appropriate specialists will be retained, as needed, to monitor specific mitigation
activities and provide appropriate written approvals to the PM.
3. The PM and/or an assignee will approve, by signature and date, the completion of
each action item that was identified on the MMP Reporting Form.
4. All MMP Reporting Forms for an impact issue requiring no further monitoring will
be signed off as completed by the PM and/or an assignee at the bottom of the MMP
Reporting Form.
5. Unanticipated circumstances may arise requiring the refinement or addition of
mitigation roecures. The PM is responsible for approving any such refinements or
additions. An MMP Reporting Form will be completed by the PM and/or an
assignee. The completed form will be provided to the appropriate design,
construction, or operational personnel.
6. The PM has the authority to stop the work of construction contractors if compliance
with any aspects of the MMP is not occurring after written notification has been
issued. The PM also has authority to hold certificates of occupancies if compliance
with a mitigation measure attached hereto is not occurring. The PM also has
authority to hold the issuance of a business license until all mitigation measures are
implemented.
2.2 GENERAL PROCEDURES
M1N4~ Proeram Definitions
The MMP consists of key program elements. The definitions of these elements are summarized
below.
MMP Film
Files are established to document and retain records of the MMP. The file organization is established
by the PM according to mitigation measures and project phases.
JB~lg090001 .MMP 2
Ordinance No. 526
Page 51
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P-~3e 57
Ordinance No. 526
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Page e2
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Page 67
RA_NCHO CUCAI~ONGA IASP SUB-AREA IS SPECIFIC PLAN
MITIGATION MONITORING PROGRANI
REPORTING AND IMPLEMENTATION FORI~[
Project FiLe: # Phase: #
Mitigation Measure: #
Location: Onsite Offsite
Impact Issue: Land Use and Planning Traffic and Circulation
Noise Air Quality
Earth Resourc~ Hydrology/Drainage and Water
Quality
Biological Resources Public Services and Utilities
Energy Hazardous Materials
Description of Activity/Method of Implementation:
Disposition: Mitigation measure for the above-noted project phase implemented. No
further action is required.
Mitigation measure for the above-noted project phase is not fully
implemented. Further action required. (Please explain below)
The mitigation measure for the above-noted project phase is not in
compliance. Further action required. (Please explain below)
Co mmen ts/Rev is ions:
Completed by: Approved by:
Name: Name:
Title: Title:
Date: Date:
JB/19(,)O001 .MMP A- l
Ordj31anceNo. 526
Page 6~
Ordinance No. 526
Page 69
PLANNING COMMISSION RESOLUTION NO. 94-i2
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 2
3. That the site is physically suitable for the
proposed development.
4. That the proposed subdivision and improvements will
not cause substantial environmental damage or public
health problems or have adverse effects on abutting
properties.
5. The design of the subdivision end the type of
improvements contemplated will not conflict with
public easements for access through or use of
property within the subdivision.
6. The findings, facts, and conclusions referenced in
the resolutions recommending adoption of Specific
Plan 93-01, adoption of General Plan Amendment
93-02A, adoption of Industrial Area Specific Plan
Amendment 93-03, and certification of the
Environmental Impact Report are hereby incorporated
by reference.
SECTION 4: Tentative Parcel Map Number 14647 is hereby approved
subject to the attached Standard Conditions and the following Special
Conditions:
Enoineerino DiviSion
1. In the event a Development Agreement is adopted by the City
Council, which addresses the phased installation of
infrastructure improvements, that agreement shall supercede all
applicable conditions, including all applicable standard
conditions.
2. Utility Undergrounding shall be complete~ upon redevelopmatt,
development, or future subdivision of parcels with frontage on
each of the following:
a. The existing overhead utilities (electrical, except for the
66KV electrical) on the project side of Fourth Street shall
be undergrounded from the first pole on the welt side of
Utica Avenue to the first pole on the east side of Millikan
Avenue prior to public improvement acceptance or occupancy,
whichever occurs first.
b. The existing overhead utilities (electrical) on the south
side of Sixth Street shall be undergrounded from the first
pole on the west side of Cleveland Avenue to the end-of-line
pole on the west side of Millikan Avenue, prior to public
improvement acceptance or occupancy, whichever occurs first.
Ordinance No. 526
Page 66
ATrACtEVI~NT A
MITIGATION I~IONITORING PROGRAM
!~k'~'ORTING AND II~[PLF.~IENTATION FORM
Or~No. 526
PLANNING COMMISSION RESOLUTION NO. 94-ii
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 4
b. Widen the existing pavement on the north side of Sixth
Street to provide two westbound traffic lanes across
adjacent Parcels 9 and 11.
c. Reconstruct the Sixth Street median break to eliminate the
eastbound left turn pocket and landscape the median, from
Cleveland Avenue to a projection of the east property line
for Parcel 1.
d. The developer may request a re{m~ursement agreement from
future development for median landscaping and pavement north
of the Sixth Street centerline, not fronting Parcel 13.
e. Install street lights on the south side of Sixth Street
fronting Parcel 8.
f. Underground all frontage overhead utilities of Parcels 1, 3,
12, and 13.
g. Construct the City entry monument at the northwest corner of
Millikan Avenue and Fourth Street.
h. Reconstruct Cleveland intersections at Fourth and Sixth
Streets as driveways or private streets with right turn
lanes. The Sixth Street driveway shall align with a future
centerline shift in Cleveland.
5. Vacate Vincent Avenue, Thomas Street, Cleveland Avenue between
Fourth and Sixth Streets, and a portion of Cleveland Avenue
north of Sixth Street while providing the following:
a. Provide easements for all existing utilities including the
public storm drain, 12-inch water line, and 6-inch gas
main. Provide a surface drainage easement to accommodate
QIO0 in the event of blockage in Sixth Street catch basins.
b. Record CC&Rs and a letter of negative covenant to replace a
public street with a private fire lane, to the satisfaction
of the Fire District.
c. Convert existing street lighting system tO private
responsibility.
6. Immediately upon their vacation, Cleveland Avenue, Vincent
Avenue, and Thomas Street shall be removed from public use.
ExXsting utilities within Thomas and Vincent shall be abandoned
as directed by the affected agencies.
7. Install a traffic signal at the intersection of Millikan Avenue
and Sixth Street. The Developer shall be eligible for fee
credit toward, and reimbursement of costs in excess of, the
Ordinance No. 526
Page 68
RESOLUTION NO. 94-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 14647, BOUNDED ON THE SOUTH
BY FOURTH STREET, ON THE EAST BY MILLIKEN AVENUE ON THE
NORTH BY THE A. T. & S. F. (METROLINK) RAILROAD, AND ON
THE WEST BY CLEVELAND AVENUE AND UTICA AVENUE, AND MAKING
FINDINGS IN SUPPORT THEREOF - APN: 209-272-01, 04, 07 AND
08; 210-081-22 AND 23; 210-082-02, 11, 17, 37, 38 AND 39;
AND 210-361-01 THROUGH 26
WHEREAS, Tentative Parcel Map Number 14647, submitted by General
Dynamics, applicant, for the purpose of subdividing into 15 parcels, the real
property situated in the City of Rancho Cucamonga, County of San Bernardino,
State of California, identified as APNs 209-272-01, 04, 07 and 08; 210-081-22
and 23; 210-082-02, 11, 17, 37, 38 and 39; and 210-361-01 through 26, bounded
on the south by Fourth Street, on the east by Milliken Avenue, on the north by
the A. T. & S. F. (Metrolink) Railroad, and on the west by Cleveland Avenue
and Utica Avenue; and
WHEREAS, on April 27, 1994, the Planning Commission held a duly
advertised public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1: Prior to the adoption of this Resolution, this Commission
has reviewed the Final Environmental Impact Report for Specific Plan 93-01,
including analysis of this parcel map, and, by separate resolution,
recommended that the City Council certify the Report, including adoption of a
Statement of Overriding Consideration, in compliance with the California
Environmental Quality Act of 1970, as amended, and the guidelines promulgated
thereunder.
SECTION 2: Prior to the adoption of this Resolution, this Commission
has reviewed and recommended approval of Specific Plan 93-01, General Plan
Amendment 93-02A, and Industrial Area Specific Plan Amendment 93-03, and
recommended adoption by the City Council.
SECTION 3: Based upon the facts and information contained in the
proposed Environmental Impact Report, Specific Plan 93-01, General Plan
Amendment 93-02A, Industrial Area Specific Plan Amendment 93-03, the
Industrial Area Specific Plan, and the proposed Subarea 18 Specific Plan,
together with all written and oral reports, this Commission has made the
following findings:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is
consistent with the General Plan.
Ord~ No. 526
Page 73
PLANNING COMMISSION RESOLUTION NO. 94-~2
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 6
(2) The interim golf course detention facility shall
accommodate the ultimate build out of the area,
including the drainage area of the Fourth Street storm
drain. The spillway of the detention facility snell be
to the satisfaction of the City Planner and the City
Engineer.
(3) Inlet facilities at the intersection of Sixth Street
and Cleveland Avenue shall intercept a Q100 storm. The
existing Storm Drain within Cleveland Avenue shall
receive Q100 flows from areas upstream of Sixth Street
and Cleveland Avenue.
(4} Q100 fully developed flows reaching the intersection of
Fourth Street and Cleveland Avenue shall not exceed
Q100 for the existing undeveloped condition.
(5) The Fourth Street storm drain shell accommodate QIO0
for the drainage area to the north and be sized to
include the south half of Fourth Street. Laterals
shall be stubbed for future connection of catch basins
by the City of Ontario. The Fourth Street storm drain
shall connect to the existing open channel in the City
of Ontario. The City of Rancho Cucamonga will assist
the Developer in obtaining the permit for the work in
the City of Ontario.
b. Installation may be phased as follows:
(1) Install drainage facilities with the golf course
(across Parcels 1 and 13) to accommodate parcels 9, 10,
14, and 15. Provide desilting facilities for interim
inlets in Parcel 9.
(2) Extend the inlet facilities at the intersection of
Sixth Street and Cleveland Avenue as needed
accommodate street improvements.
(3) Install drainage facilities to eliminate surface flows
across Sixth Street at Millikan Avenue with the first
development phase.
(4) Facilities serving Parcels 6, 7, and 8 shall be
installed upon development or further subdivision of
said parcels.
(5) Upon development of the Fourth Street storm drain end
its connection to the channel in Ontario, the golf
course detention facility shall have its outlet control
reconstructed to eliminate the detention facility.
Ordinance No. 526
Page 7o
PLANNING COMMISSION RESOLUTION NO. 94-22
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 3
c. The existing overhead utilities (railroad communications and
electrical, except for the 66KV electrical) on the pro3ect
side of the A. T. & S. F. Railroad right-of-way shall be
undergrounded from the first pole on the east side of
Millikan Avenue to the first pole off site west of the west
project boundary, prior to public improvement acceptance or
occupancy, whichever occurs first. The Developer may
request a reimbursement agreement to recover one-half the
City adopted cost for undergrounding from future development
(redevelopmatt) as it occurs on the opposite side of the
right-of-way. The area fronting the Metrolink site shall be
the responsibility of the Metrolink property.
d. An in-lieu fee as contribution to the future undergrounding
of the existing overhead utilities (electrical) on the
opposite side of Sixth Street shall be paid to the City
prior to redevelopmatt on Parcel 2. The fee shall be one-
half the City adopted unit amount times the length from the
center of Utica Avenue to the end of line pole on the west
side of Cleveland Avenue remaining after Condition 1.b is
completed.
3. In addition to the perimeter street dedication requirements
listed in Standard Condition A.2, the Final Parcel Map shall
include the following dedications:
a. Streets "A," "B," and "C" serving Parcels 9, 10, 14, and 15
am shown on the tentative map;
b. The knuckle between Cleveland Avenue and Seventh Street;
c. An additional 12 feet at the southwest corner of Millikan
Avenue and Sixth Street, transitioning to zero across Parcel
8, approximately 600 feet west of Millikan;
d. Intersection right turn lanes to the satisfaction of the
City Engineer with the following lengths: 590 feet at
Fourth/Millikan and Sixth/Millikan and 390 feet for all
other street intersectlone with Fourth, Sixth, and Millikan
Avenue; and
e. The entry monument at the northwest corner of Fourth Street
and Millikan Avenue.
4. Upon development of the golf course and driving range (Parcels
1, 3, 12, and 13}, puDlic improvements shall be completed as
follows:
a. Install missing street improvements, as indicated in
Standard Condition B.3, for all frontage streets of
Parcels 1, 3, 12, and 13, including the Cleveland/Seventh
knuckle.
Order. 526
PLANNING COMMISSION RESOLUTION NO. 94-52
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 8
APPROVED AND ADOPTED TMIS 27TM DAY OF APRIL, 1994.
I, Brad Bullet, Secretary of the Planning Con~nission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Co~nission held
on the 27th day of April, 1994, by the following vote-to-wit:
AYES: COMMISSIONERS: BARKER, LUMPP, MCNIEL, MELCHER, TOLSTOY
NOES: COMMISSIONERS: NONE
ABSENT COMMISSIONERS: NONE
Ordinance No', 526
Page 72
PLANNING COMMISSION RESOLUTION NO. 94-52
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 5
Transportation Development Fee in confermince with City
policy. If the Mitrelink project has secured these improvements
to the satisfaction of the City Engineer, this condition shall
not be imposed.
8. Parcels 7 and 8, fretting Millikan Avenue south of Sixth Street,
shall reimburse the City for the colt of installing the median
in accordance with City Council Resolution 89-574 upon
development or further subdivision, whichever occurs first.
9. Upon development or further subdivision of Parcel 8 or 9, shift
the west side of the Sixth/Millikan intersection southerly about
12 feet to align the Sixth Street centerlines. The centerline
transition shall be approximately 600 feet long.
10. A contribution in-lieu of construction shall be provided to the
City for the future reconstruction of Fourth Street pavement, to
the centerline, fretting Parcel 1, prior to Final Parcel Map
approval. Prior to development or further subdivision of
Parcels 6 or 7, or redevelopmatt of Parcel 5, the 1988 Pavement
Rehabilitation Study shall be updated. The findings of that
study shall be implemented across Parcels 1 and 5 and prior to
redevelopmatt on Parcel 5, or across Parcels 1, 6, and 7 upon
development or further subdivision of Parcels 6 and 7.
11. Upon development or further subdivision of Parcel 11, Cleveland
Avenue north of Sixth Street shall be reconstructed as a local
industrial street, with the centerline crown shifted westerly 10
feet and the east side widened 12 feet.
12. Provide a drainage easement across Parcels 1 and 13 in favor of
Parcels 3, 9, 10, 12, 13, 14, and 15 and the public street
systems therein. Provide an agreement covering all flows
entering the easement from the Metrolink site and public streets
to the satisfaction of the City Engineer and City Attorney.
Said agreement shall provide for, but not be limite~
maintenance and liability to be the responsibility of the
property owner, and include provisions, in the event the
property owner is negligent in said maintenance, that the City
has authority to enter and maintain at the property owners cost.
13. Storm Drainage Facilities for the entire study area shall be
included in the Final Drainage Study
a. Facilities shall be designed for Q100 as follows:
(1) The golf course drainage channel shall be sized to
accoe~odate flows from streets "A," "B," "C," and
future streets within Parcel 9, but not from Sixth
Street, and shall have appropriate erosion control.
Ord~ No. 526
Page 7v
Ordinance No. 526
Page
PLANNING COMMISSION RESOLUTION NO. ~4-22
TENTATIVE PARCEL MAP 14647 - GENERAL DYNAMICS
April 27, 1994
Page 7
14. Upon developsent of any parcel fro=tang Fourth or Sixth Street,
a parkway beautification master plan shall be developed which
expands upon the existing designated street trees.
15. Chino Basin Municipal Water District owns and operates the non-
reclaimable sewer which lies within an easement on the north
side of this map. As Chino Basin Municipal Water District is a
public agency servicing the City of Rancho Cucamonga, the
developer of the subdivision shall be responsible for any
relocation, modification, or construction on this system
required due to the development. Such work shall include, but
not be limited to, adjusting manholes to grade, realignment of
lines to allow other utilities to be constructed, and other
similar construction. If any modification or adjustment
District facilities is desired, plans shall be approved by the
District before proceeding.
16. Easements which are no longer necessary shall be abandoned,
including City slope easements adjacent to Cleveland Avenue.
17. Upon redevelopmatt or reule of Parcel 2, obtain the necessary
right-of-way and construct sufficient widening on the west side
of Utica Avenue to bring the total pavement width to 36 feet.
The developer may request a re]_mbursement agreement from future
development for improvements west of the Utica Avenue
centerline.
Planninq Division
1. Provide a reciprocal parking agreement between the golf
course/driving range and Parcels 2, 4, and 5 to accommodate
overflow spectator parking for professional golf tournaments.
2. This approval is contingent upon City Council approval of
Specific Plan 93-01 (Subarea 18 Specific Plan), certification of
the related Environmental Impact Report, and approval of related
General Plan Amendment 93-02A, and Industrial Area Specific Plan
Amendment 93-03.
Buildino and Safety
1. Provide minimum 60-foot side yards between all existing
buildings and adjacent property lines or provide non-buildable
side yard easements on adjacent parcels in order to achieve
compliance with the wall and opening protection requirements of
Chapter 5 of the Uniform Building Code for unlimited area
buildings.
SECTION 5: This Resolution shall be effective upon the effective
date of an Ordinance of the City Council approving Specific Plan 93-01,
General Plan Amendment 93-02A and Industrial Area Specific Plan Amendment
93-03, and the Resolution certifying the Environmental Impact Report.
~ No. 526
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Page 76
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