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Home My WebLink About1990/10/03 - Agenda PacketCITY _ COUNCIL A G E N D A CITY OF RANCHO CUCAMONGA REGULAR MEETINGS Ist and 3rd Wednesdays - 7d0 pm October 3, 1990 Civic Center Council Chambers 10500 Civic Center Drive Ranrhn (5iramnnoa ('alifnmin 01R;p City Councilmemben DeMi$ L. $[OUt, .Mapar Pamela J. Wright, counrOmamMr Deborah N. Brown, nrovor Yro nm Chafle5 J. Buquel, Coun<ilmamMr William J. Alexander, counrlrrnem3er •r• Jack Lam, c«,v Nanagar I lames L. Markman, c¢v n«orne,v Debra J. Adams. oo~ cr<rr City Otlia: 989-1851 lions Puk: 980-3145 Ciiy council Agenda ~ pAGE October 3, 1990 I 1 All itus suWitted for the Citp Cowell Agenda coat bs in writing. The dudli¢e fos subeiltiaq then Slue 1a 5:00 p.w. On the Wedneadap prior to the wetiag. The Citp Clerk•a Office receives all such Slue. 1. Aoll Call: coquet _, AleraadeY _, Btout _ Brown __, and Wright _. ~ B AFNOVFC61®1•PBl4R FNTATIGp3 0• TMI aTIOFB pR011 TBE This is the tisu! sad place for the general public to address ihs city COweil. Stab law prohibits the Citp Cowell free addressing Bay issw not previoualp included on the Agenda, The city Cowcil up receive tutiaonp sad set the aulter for a subeequut eluting. Cosrents are to be lieited to five eiautas per indbiQwl. The following Consist Cw1.nAs. ~~.... routine and non-controversial. Tbep will W acted upon by the council at one tiw without discuuioa, Avp Stu up De tenoned by a Cowcileeeber or eeeber of the audLvice fos discussion. 1. Approval of Minutes: September 5, 1990 (Stout nbeent) 2. Approval of Werrnnte, Register Noe. 9/19/90 and 9/26/90; and payroll ending 9/13/90 for the total amount of $3,510,958.51. 3. Alcoholic Beverage Application for OEf Sele Beer & Wina (20) for 7-Eleven Si0Y0 2136-25'714, The Southland Corporation, Delia Marlene and John Harry, 8081 Archih3ld A:•e:.u9. 1 10 PAGE C!ty Council Agenda October 3, 1990 I 4. Approval to open escrow with General Oynnmice Corporation for purchase of land on Milliken Avenue between 6th and 7th Stzeete, to obtain the right-of-way for the Hill ikon Avenue Undeipas e, for $60,000.00, plug escrow fees of $2,006.00 to be paid from Account No. 15- 50300 and authorise the Deputy City Bng inset to execute all necessary documents. 5. Approval of Swmazy Vacation of a portion of a street easement, Pepperldge Lana, east of Hellman Avenue. RESOLUTION N0. 96-380 A RESOLUTION OP THR CITY COUNCIL OP THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, SUMMARILY ORDERING TH6 VACATION OF A PORTION OP A STREET EASEMENT 6. Approval to Relenee a Real Property Improvement Contract and Lien Agreement for DA 08-63, located on the northeast corner of Eighth Street and Baker Avenue euDmitted by Eighth Street Industrial Perk, a California Limited Partnership. RESOLUTION NO. 90-381 A RESOLUTION OP THE CITY COUNCIL OF THE CITY ~•- ~w. '~- vnon, ,.ewuulllYiA, NSLEASING A REAL ,PAOPBRTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT PROM BIGHTH STREET INDUSTRIAL PAREr A CALIFORNIA LIMITED PARTNERSHIP 7. Approval to award and authorization fot execution of contract (CO 90-137) for Nineteenth Street Improvement Project, located from ArchiDnld Avenue to Haven Avenue, for the amount of $319,892.00 ($290,811.25 plus lOt contingency), to bo Eu nded from Systems end SB160 Pund e, Acdouni No. 22-6637-8744. 8. Approval of an Indenture and to execute en agreement (CO 90-138) between Southern Pacific Traneportat ion Company and the City for construction of a grade croseind at v,...evew,.- - -~-------- •••-•~-- ..or,.,,- ly Hasa Line Moadt and approval to axecuie n`relnted agreement (CO 90-139) between The Will ism, Lyon Company end the city. 12 40 41 45 46 49 53 ' PAGE City Council Agenda October 3, 1990 3 RESOLUTION NO. 90-382 54 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CVCANONGA, CALIFORNIA, APPROVING AN INDENTURE AND AN AGASEHENT HETWB&N THE SOUTHERN PACIFIC TAANSPORTAT ION COMPANY AHD TH8 CITY AND A AHLATEO AGREEMENT BETWEEN THE WI LLIAN LYON COMPANY AND TFIE CITY PCR CONSTRUCTION OP A CAADB CROSSING AT ROCHESTER AVENUE NORTH OP RASE LIMB ROAD 9. Approval of a Memozn-dum oz Understanding (CO 9C-140) 56 with Hughes Investments, Incorpotat ion and the Redevelopment Agency. 10. Approval to execute Improvement Agreement, Improvement 60 security and Ordering the Annexation to Landacnpe ' Maintenance Oieirici No. 1 and Etreet Lighting Halntenflnce District Noa, 1 and 2 for CUP BS-18, located on the east elde of Haven Avenue between Lemon and Highlnnd Avenues, submitted by Diversified Properties Company III, Ltd. P1iSOLUTION NO. 90-383 61 A AEBOLDTION OP THE CITY COVNCIL OF TH8 CITY OF RANCHO COCAHONOA, CALIFORNIA, APPROVING SECURITY FOR CONDITIONAL USE PERMITV88-18 AESOLUT ION NO. 90-384 A RESOLUTION OP THB CITY COUNCIL OP THE CITY OF RANCHO COCAMONGA, CALIPOANIA, ORDERING THS ANNEIUTION OP CERTAIN TEAItITORY TO LANDSCAPE MAINTENANCE DISTRICT No. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS, 1 AND 6 POR COP ES-18 62 11. Approval to execute Improvement Agreement Bxtanaion for I fi5 Tract 13625, located on the north •ide of 39th Stzwt between Nevan Avanua and Highland Avenue, eubmltted by Gienfad Owvoinnnnnt, RESOLUTION NO. 90-355 ~ 67 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONOA, CALIFORNIA, APPROVING INPROVeHENT AGREBMENT EXTENSION AND IMPROVBMBNT 96CURITY FOR TMCT 13425 PA 1C City Council Agenda October 3, 1990 4 12. Approval to execute Improvement Agreement Extsne ion for i 68 'I 'I Parcel Map 11030, located on the northeast corner of Foothill Boulevard and Haven Avenue, submitted by Lewis I, ~ ~ i Development. ~ I I ~ i RESOLUTION NO. 90-386 70 I I P. PPSOLI'TION OP L^EE CITY CCC:ICIL OF T}SE CITY ~I OF RANCHO CUCANONGA, CALIFORNIA, APPROVING IMPROVENENT AGA68MSNT EXTENSION ANO li ~, i IMPAOVE!ffiNT SECOAITY POR PARCEL MAP 11030 I '~ j ~I ~ 13. Approval to execute Improvement Agreement Extension for 71 i Parcel Map 11671, located on tae northwest corner Of 4th Street and Buffalo Avenue, submitted by Hieeion Land i Company. 73 t RESOLUTION NO. 90-387 A RESOLUTION OF TEGI CITY COUNCIL OP THE CITY I OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT E%TBNSION AND IMPROVEMENT SECURITY POR PARCEL MAP 11671 'i 14. Approval to execute Improvement Agreement Extaneior for 7d elm Avenue Improvements, locaied on Elm Avenue between ~ i I Church street and Spruce Avenue, submitted by Lewis ..-.,roe. i I i i RESOLUTION NO. 90-388 76 i ' I A RESOLUTION OP TH8 CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, APPROVING TMPAOVEMENT AGREEMENT EXTENSION AND ~ I IMPROVEMENT SECURITY FOR ELM AVENUE I ~ i 15. Approval to execute Improvement Agreement Extension for 77 I 6809 Nellmnn Avenue, located on the east aitle of Hellman ~ i Avenue south of 19th St rest, submitted by Lanx to Jaea. RESOLUTION NO. 90-389 7J ' I I - - w + OP RANCHO CUCAMONOAr CALIFOANI A, APPROVING IMPROVEMENT AGREENENT EXTENSION AND IMPROVEMENT SBCUAITY FOR 6809 HELLMAN AVENUE 80 16. Approval to eccapt the West Beryl Park Improvements end bleat Beryl Sewer Improvamenta Project and filing n "Notiw of Completion" for the work. I ;~ PACE City Council Aqenda October 3, 1990 5 AESOLVT SON NO. 90-390 ~i 81 A RESOLUTION OF THE CITY COUNCIL OF THS CITY OP AANCHO CUCAMONGA, CALIPORNIA, ACCEPTING THE PUBLIC IMPAOVEMENTS FOA THE WEST BERYL PROJECT AND WSBT B&RYL SEWER IMPROVEMENTS AND AUTHOAI2ING THE PILING OP A NOTICE OP COMPLETION FOR THE WOAK 17. Approval to accept Smprovemente, Release of Bonds and I 82 Notice of Completion for Tracts 13117 and 13318, located j on the east aide of Haven Avenue between Lemon Avenue and Banyan Street. Tract 13117 Aeleaee: Faithful Performance Bond (Street) $615,000.00 Accept: Maintenance Guarantee Bond (Street) 5 61,500.00 Tract 13118 Rel¢aee: Faithful Performance Bond (Stt6et) $800,000.00 , Accept: ~ Maintenance Guarantee Bond (SereeC) $ 80,000.00 RESOLUTION NO. 90-393 i 83 A RRSOLOTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ACCEPTING TME PUBLIC IMPROV+..tffiNTS POR TRACTS 33117 AND 13118 AND AOTHORIE INC THE FILING OP A NOTICE OF COMPLBTION FOR THE WOAR 18. Approval to accept Improvement e, Release of Bonds and 84 HotiCe of Completion for CUP 87-29, located on the southwest corner of Archibald Avenue end Lomita Court. Release: Faithful Performance Cash Band (Street) 5 12,340.00 RESOLUTION NO. 90-394 ~ 85 A REEOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNSA, ACCBPTING THS PUBLIC IMPAOVBMENT9 FOA CUP 87-29 AND AUTNOAISIN6 TNB PILING OF A NOTICB OF COMPLETION FOR TH8 ROAR City Council Agenda October 3, 1990 PAGE I ~ 19. Approval to release Sewez and Watez Bonds for Tract I $6 I 13565-5 thru 33565-10 located on the northeast coxnex ~ of Summii Avenue and Hardman-Bullock Aoad. 6. CONSRFP ORDINANCHS Thn fa12o«Sag Ordiaanorec have bad public herluga a! the tine ~ I of first ceding. eacevd readings are respected to ba routine i ~ ~ I and non-controvrersial. Thq will bs acted upon by thre Council ' ~ ~ at one tiaa without discueion. Thre Citp Clark will read the I, ~i ~~ Litle. Anp its can M rawvred for discuuion. ~ I ' 1. CONSIDERATION OP 8NVIA0NMSNTAL ASSHSSMHNT ANO INDUSTRIAL $J -A request to change 4ha designation from Subarea 4 to Subarea 5 for i i five acres of land located on the south side of 6th street, approximately 470 feet sent of Archibald Avenue. ORDINANCE NO. 429 (second Leading) $J i AA 0ROINANC6 OP THS CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTALAL SPBCIPIC PLAN AMENDMENT 90-O1 TO CRANES THS DESIGNATION PAON SUBAREA 4 TO 9USARSA 5 FOR FIVE ACI1B5 OF LAND LOCATED ON THB SOOTH SIDS OF 6TH STREET, APPROXIMATELY i siu teal'ass't'OF ANCMISALU AVENUE - APN 21U- t i, 071-50. RELATBD PILE: USE OSTERMINATZON i i 90-02 ~i i I j 2. CONSIOHRaTION TO OOPT w O IN NC STAB I HIN $$ ! STANDARDS FOR COMPLETIOd OP PUBLIC IMPROVElDINTS AND ~ ~~ ~ RHGVLATIONS POR OCCUPANCY it ORDINANCE NO. 630 (second reading) 88 AN ORDINANCE OP THE CITY COUNCIL OF THS CITY OF RANCHO CVCAMONGA, CALIFORNIA, ADDING A I NSW CHAPTER 16.37 TO TNS RANCHO CUCAMONGA MUNICIPAL CODE PHRTAINING TO TNB ~ SSTABLISHMSNT OP STANDARDS FOR COMPLBTION 1 V[ PVHLIC LMPRVV61'1ae'1'a ANY NEGULATIUNN FVR OCCUPANCY OF BU ILDINOS AND STRUCTURES ~W I PAGE City Council Agenda October 3, 1990 P. ADVEATIBW POELIC HEARIN08 TM following itssa Mq Mao advartlaad and/or poetsd u public aaariaga a rsguirad by Lr. Tao chair will opaa the seating to racaivs public tsatisoay. 1. CONSIDBAATION OF HMVIRONHENTAL ASSBSS~NT AND D~yHLOPMBNT RRVIBN NO 40-06 - ^ZTY 6F RANCHO G•UCAMONnA SPORTS COHPLEX - A request to review tIIB Environmental Aaeeeement end project application for the development of a eporta complex consisting of a 4,000 sent baeeball etadiwo, three softball fields, one informal baseball field, trro soccer fields, park area, anvonl shelter and parking arena on <1.6 scree of land in the oeneral Industrial Category (Subarea 8) of the Industrial Spec Sfic Plan, located at thr northwest corner of Arrow Route and Rochester Avenue, APN 229-011-OS, Ob, 07, 16, 17, 18, 22 and 23, and recammsndstion of the issuance of a negetivs declaration. Related applications, Environmental Aaeeasmen[ and Industrial Specific Plan Amendment 90-01, Circulation Ieeuse and Tract Removal Pemit 90-33. RESOLUTION NO. 90-393 A RESOLUTION OP THB CITY COUNCIL OF TH8 CITY OP RANCHO CUCAMONCA, CALIPOANIA, APPROVING __._-_..~....:e - i.w. eu-u9 LOCAT60 ON THB NEST SIDE OF •ROCHE82ER AVENUE, NORTH OP ARROW AOUTB IN TFIE CBNEAAL INDVSTRIAL CATRGORY !SUBAREA S) OF THE INDUSTRIAL S: ECIPIC PLAN 91 91-AC 2. CONSIDBRATION TO DBSICNATR AnI STREBT AS A PRZVATA 92 STRBXT ANO EXEMPT2 NG TNB ABUTTING PROPRRTI ES FROM ABOUIaPMBNTS 3PT FORTH IN CHApTFA 12 08 OP TNB NUNICI A_ cope (ITIDI TO es CONTINIIW) LVNSIDSRATION TO DESIGNATE LA SENDA ROAD AND CAROL 92 AVEpU6 A9 PRIVATE STABET9 AND 61LMPTYNG THH ABUTTING PROPERTIES 1MtON RROUTAEMENTS SET FORTH IN CRaPTER 12 OB OP TR6 MUNIOIPAL COO% (ITmI TO EE CONTINUED) ~ City Council Agenda October 3, 1990 S'~NSTOBRATION OF AN APPHAL OF ENVIRONMENTAL ASSESSI@NT 8ND TENTATIVE TRACT 14866 THH PENNHILL COHPANY - An appeal by an adjoining property owner of a Planning Coawieaton decision approving a residential eubdiviaion and design review of 47 single family lots on 8.7 acres of land In the Law Hedium Reeidential District (4-8 dwelling unite per acre) located at the eoviheast carnet cf Leman Svm0e and Londcn Avenue - APN 2G1-252-21 and 22. RESOLUTION NO. 90-39d A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 14866, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FAMILY LOTS ON 8.7 ACAHS OP LAND LOCATED AT THE SOUTNBAST CORNER OF LEMON AVENUH AND LONDON AVENVH IN THE LOW-MEDIUH RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACAB), AND HARING FINDINGS IN SUPPORT TF7$RE0P R880LUTION NO. 90-395 A ABSOLUTION OP TH8 CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DES ICN REVIEH FOR TENTATIVE TRACE NO. 11866, .. '-oiuana •,,,. aunO1V151ON OF 47 SINGLE FAMILY LOTS ON 8.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF LEMON AVENUE AND LONDON AVENUE IN THH LON-MfiOIUN RESIDENTIAL DISTRICT (4-8 OWELLINC ItNIT3 PHR ACRE), AND HARING FINDINGS IN SUPPORT TNHREOP PAGE 93 155 158 161 CUCAMONGA - A proposed amendment to adjust the northern boundary of subarea 8 on the west aide of Rochester Avanus northerly 330 feet, weeterly 1,065 feat, and southerly 330 feat to tts present boundary with Subarea 7~ deieta the planned extension of Dey Crsak Boulevard between Rochester and Milliken Avenuesr and realign a pert ion of Day Crook 84uiovsrd east or Rochester Avenue. The purpose of thi• amendment i• to accommodate the development of s City sports park at the narthunt corner of Rochester Avenue and Arrow Highway - APN 229- 031-05, Ob, 24r 229-023-16, 20, 28, 36, 41, 42, 44, 45, 53, 54, and 55. The Planning Conmluion reconmende leeuence of a Negative Declaration. ~ PAGE City Council Agenda October 3, 1990 9 ORD LNANCE N0. 431 (first reading) AN ORDINANCE OP THE CITY COUNCIL OP THE CITY OF RANCHO CVCAHONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT NO. 90-03 TJ ADJUST THE NORTHERN BOVNDAAY OF SUBAREA 8 ON TH8 WEST SIDS OP ROCHESTER AYEHVE NORTHERLY 33C FEE., 'wa52ERLY i, 06S PERT, AND SOUTNBRLY 330 PEET TO ITS PRESENT BOUNDARY WITH SUBAREA 7; DELETION OF THE PLANNED EXTENSION OF DAY CREEK BOULEVARD BETWEEN ROCHESTER ANO HILLIAEN AVENUES; AND THE AEALIGNHENT OF A PORTION OF DAY CREEK BOULBVARD EAST OP ROCHESTER AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF 6. CO S T N ATI TRACT 14192 - NIX DEVELOPMENT - Appeal of the Planning Comoieeion'• decision to require the undergrounding of utilit tea and the construction of street and storm drainage improvements beyond the project boundaries for a residential suDdiviaion of 65 single-family lots on 19.7 acres of lend located south of 19th Street between Mellmen Avanus and Amethyst Street in the T,ow Resident ial District - APN 202-061-12, 14, 40 and 46. (2tq CO¢LSnuad fros 9sptsBDSr 5, 1990) (ITEM To 06 CONTINUED TO OCTOBER 17, 1990) 181 184 ABSOLUTION NO. 90-353 184 A RESOLUTION OP THE CITY COVNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, DENXING A REQUEST TO DELBTB FOUR CONDITIONS OF APPROVAL POR TENTAT IVfi TRACT 14192 FOR A RESIDENT IAL SUBDIVISION OF 65 SINGLE FAMILY LOTS ON 19.7 ACR68 OP LAND LOCATED SOUTH OP 19TN STIIEET BETW88N HELLMAN AVENUE AND AMETHYST STAEBT IN THE LOW RESIDENTIAL DISTRICT AND MAKING FINDINGS IN 9VPPORT TEEAEOP FL3L1C -aEFRia0b Tha folloNi¢g itga have ¢o legal publicatio¢ or posti¢g regal rsu¢ts. Tha Chair Will open the Hstiag !o nwivs publie tsstiaonF. No Items Submitted. ~; PAGE City Council Agenda October 3, 1990 10 A CITp MANAOER'B STAPP R_ ORTS ~ The following ilus do not 1 Q1 z a9 Y squire nap public ~ testiaoa p, although tha Chair uy apaa tha aaatiag for public input. ~ 1. CONSIDEMTION OF A SO TION FOR ITY INH RSEMENT 186 PFON A PLlw4^D °Z9 vrty^ FOR THH PA - - -'0 M"" ~ I ~ CONMIINICATION PR0.18CT ~ I l j j REHOLUTION NO. 90-396 I 187 ~ I j I i A RESOLUTION CB TH8 CITY COVNC IL OF THE CITY OF RANCHO CUCAHONCA, CALIPOANIA, PROVIDING THAT PAY!ffiNTS MADE BY TH8 CITY IN CONNECTION WITH TNS PROP0S8D 800 MHZ COMMUNICATIONS PROJECT ARE TO BE MADE IN ANTICIPATION OF AE INBVASB!ffiNT FROM THB PROCBEDS OP A PI.ANNHD ~ ~ FINANCING TO BE ACCOMPLISHBD BY THE CITY AND AUTHOAIEING ANO DIRECTING CERTAIN ACTIONS ~ WITH REBPBCT TM8AET0 i 2. CONSIDERATION 9F CONTRIBUTING 5175 00 FOR N 19~ ~ ADVERTISBMHNT IN A 3AERIPP'S A IATION POBLICATION I i ~ ABOUT MISSIN ABU BD HI~ eN. A CO NT NO. 01-414 - ~ i V i I 6028 i 3._ COCMCIL HVBINE89 ~~ I The following itua have baaa raquutad by tha Citp Council i for discuuioa. Tbaq ara aoL public hearing itaa, although i the chair up opaR Lha aaatiag for public input. 1. CONSIDEMTION OP IN T INO TR T NA AT 191 DH-BAGS WHICH AB T a. OR ST EBTS (Caatiauad frog July 18, 1990) l ~ 2. CONSI DHRATION OF RRCOM_MFNOATION OF B MEETING ROOM NPwFS IN TM ^IVI BNTBR 197 i ; i ~ ~ . •Dv~.~.Gy.....R .. ~ b '-R Ii-3- aan _NO Thin la tha tiaa tos Citp Council to idaatity tha itga thap wlah to diwua• at tha aarL NaLlag. Thaa1 itoa will not ba diacuuad at Lhia aaatiag, only idaotiflad for tha wzt uatiag. PACE City Council Agenda October 3, 1990 it This is the tier sad place for fAa ganwral public to addrata the City Council. BtaG law prohibits the Citp Comeil fros addressing any issue sot prwiously iaeludad oa tAa Agenda. The Citp Council ea7 receive testi.oap and set the Nttex for a aubsaqueat acting. Coareat• ^p to be Bailed to five sinutas per individunl. I, Debra J. Adams, City Cletk of the City of Rancho Cucamonga, hereby certify that a true, accurate copy of the foregol.ng agenda was posted on Beptembez Z8, 1990, seventy-two (7Z) hours prior to the meeting per Government Code 54953 at 10500 Civic Center Diive. September 5, 1990 CITY OP RANCHO CUCAMONGA CITY COUNCIL MINUTES Reaul ar Heetina A. CALL TD ORDER A regular meeting of the City Council of the City of Rancho Cucamonga met on Wednesday, September 5, 1990, in the Council Chanibare of the Civic Center, located at 10500 Civic Center Dcive, Rancho Cucamonga, California. The meeting was called to order at 7:06 p.m. 6y Mayor Pro Tem Deborah N. Brown. Present were Councilmembere: William J. Alexander, Charles J. august II, Pamela J. Wright, and Hayor Pro Tem Deborah N. Blown. Also pteaent were: Jack Lemr City Hanager; James Markman, City Attorney; Linda D. Daniel e, Deputy city Manager; Rick Comez, Community Development Director; Shintu Hose, Deputy City Engineer; Paul Rougeau, Traffic Engineer; Den Jealee, Sr. Civil Eng inaary Mika Glly Sar, Sr. Clvll ^zng L:aar; Betty Hiiier, Associate Engineer; Hratl Buller, Ciiy Planner; Otto Mrout il, Deputy City Planner; Lerzy Henderson, Principal Planner; Miki Hratt, Associate Planner; Tom Grnhn, Assistant Planners Ant hea Hart.in. Aaai eta nt Plannanx Tnn.VA wlal .. nTa Rn.w.o:on.. a.,n Schultz, Community Services Director; Jim Hart, Administrative Services Director; Jim Frost, City Treasucer; Duane Bake[, Assistant to the City Manager; Diane O'Neal, Management Analyst II; Susan Mickey, Hanagemert Analyst I; Patty Riffel, Executive Assistant; Tony Auesell, Records Clerk; ShLrr'1. Griff in, Aecorda Clerk; Chief Dennis Michael, Aancho Cucamonga Fire Protection District; Capt. Hruce Zeinex, Rancho Cucamonga Poiico Department; and Debra J. Adams, City Clark. Absent woe: Mayor Dennis L. Stout M• t R 4 i H. ANNOUNCEleNTB/PR696NTATIONS B1. Presentation of Pxoclamailon Recognizing Thomas Marich as "Nezional ....zzecL lone Supsrviaor o. ...a Year". Ptoclamat ion presented by Mayor Pzo Tem BYOWn. R t t R. a City Council Minutea September 5, 1990 Page 2 C. COIOIONICATIONS PROM THE PUBLIC C1. Lewis Trout, 7861 Leucite, read a proclamation from the Siecra Club, San Gorgonio Chapter, supporting the completion of the North Etiwanda Specific Plan in Raneho Cucamonga. He also expressed hie desire to be able to give hie comments relative to item I9, that he could not be present at the October 3, 1990 meeting when it ie being suggested to be continued to. C2. Mike Mitchell, 5271 Turquoise, Chamber of Commerce, requested the first reading of the Sprinkler Ordinance be continued to October 17, 1990. He stated he had just read the propoeed Ordinance this date, and would like more time to study it before it goes before the City Council. Mayor Pro Tem Brown stated she understood this would be continued. • • • • R ! D. CONSENT CALENDAR D1. Approval of Minutes: July 18, 1990 (Wright eDeent( Augu et 1, 1990 August 22, 1990 02. Approval of Warrant e, Register Nos. 8/8/90, 8/15/90, and 8/22/90 end Pay:cll ending B/lE/90 for the total a.:,o unt of $4, 199,2E9. 04. D3. Approval of the advertising of the "Notice Inviting eide^ for the Landscape and Ir[iaat Lon Maintenance Contract for Landscape Maintenance Aeeeaement Districts Numbers 1 and 5, to De funded by Account Numbers 40-4330-6027, 40- 4130-6028 and 44-4130-6027, 44-4130-6028 respectively. RESOLUTION NO. 90-337 A RESOLUTION OF THE CITY COCNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, APPROVING THE PLANS AHD SPECIFICATIONS FOR THS "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS NUHBEAS 1 AND 5"r IN SAID CITY AND AUTHOAI2ING AND DIRECTING THE CITY CLBRH TO ADVERTISE TO RHCEI VH BIDS 04. Approval of the advertising of the "Notice Inviting Bide" for the Landscape and Irrigation Maintenane0 Contract for General Fund and Landscape Y.ainte.^.ance Aeaeae:nent D!et~ ate 3s and 3b c be f-ailed by seccunt numbers O1- d647-6028, 42-4130-6027, 42-4130-6028 and 46-4130-6027, 46-4130-6028 respect Lvaly. CL*-y Council Minutae September Sr 1990 Page 3 RESOLVTION NO. 90-336 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGAr CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IAAIGATYON MAINTENANCE CONTRACT FOR GENERAL POND AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICTS 3A AND 38", IN SAID CITY AND AUTHORISING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECBIVE BIDS D6. Approval of the advert ieing of the "Notice Inviting eide^ for the Landscape and Irrigation Maintenance Contract for the Landscape Maintenance Aeaeeement Dlstricte Numbers 2 and 4, to be funded by Account Numbers 41-4130- 6027, 41-4130-6028 xnd 43-4130-6027r 43-4130-6028 respectively. RF,SOLUT ION NO. 90-339 A RESOLUTION OP THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE PLANS AND SPECIFICATIONS FOR THE "LANDSCAPE AND IRRIGATION MAINTENANCE CONTRACT POR LANDSCAPE MAINTENANCB ASSESSMENT DISTRICTS NUHBEAS 2 AND 4," IN SAID CITY AND AUTHORISING ANO DIRECTING TH8 CITY CLERE TO ADVERTISE TO RECEIVE BIDS DS. Approval to reject all bide for the Baee Line Median, Phase I, located from 9aven Avenue to Vala.-.cis Street. D7. Approval of the aetabllshment of Park and Recreation Commleaion Ad Hoc Advisory Committees. D8. Approval to destroy records which are no longer required ae provldetl under Government Code SaCtlon 36090. RESOLUTION N0. 90-340 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGAr CALIPOAIiIAr AUTNORI2ING THE DESTRUCTION OP CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVHRNMENT CODE SECTION 34090 09. Approval of Parcel Mep 112P,6r and Ordering the Annexetlon to Landscape Maintenance District No. 4 and Street Lighting Maintenance DSetrLCt Nos. 1 and 4 for Parcel Hap 11286, located on the east aide of Milliken Avenue 600 feet nOYth of Chu mh street, eu bm'_ttad by LeW1a 'ueveluument Company. RESOLUTION NO. 90-341 A REEOLVTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIAr APPROVING PARCEL MAP NUMBER 11286 (TENTATIVE PARCEL MAP NO. 11286) City Council Minutes September 5, 1990 Page 4 RESOLUTION NO. 90-342 A RSSOLU^ZON OP THE CITY COUNCIL OF THE CITY OF RANCHO CVCAMONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAFE MAINTENANCE DISTRICT NO. 4 AND STREET LIGHTING HAINTENANCB DISTRICT N03. 1 AND 4 FOR PARCEL MAP 11286 Agpcrovxi of Parcel Map 12596 and Ordering the Annexation to Lnndecapa Maintenance IIietiict No. 3 and Street Lighting Maintenance District Noe. 1 and 6 for Parcel Map 12596, located at: the nort:7eaet corner of Vineyard Avenue and Foothill Boulevard, submitted by OAS Inveatore. RESOL'~1TZON NO. 30-343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAHONGA, CALIFORNIAN APPAOVID'G PARCEL HAP NUMBER 12596 (TENTATIVE PARCEL MAP IJO. 12596) RESOLVTION NO. 90-344 A RESOLUTION OP THE QI TY COUNCIL OF THS CITY OF RANCHO CUCAMONGA, CALIFORNIA, OADEA ING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE DTSTRI C:C NOS. 1 AHD E FOR PARCEL NAP 12596 ^il. Approval of Parcel Map 12781, and Orde.:ing the Annexation to T.a ndsnn+.n ~a.euvn uinuicr no. ~ antl Street Lighting Maintenance District Noa. 1 end 6 for Parcel Hap 12781, located at tt~e eouthwent corner of Jersey Boulevard and Aocheeter Avenue, submitted by Stant in Jnraey Partners. RESOLUTION NO. 90-345 A RESOLUTION OF THB CIl'Y COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NO. 12781, (TENTATIVE PARCEL MAP NO. i27B1) RESOLUTICN NO. 90-846 A RESOLUTION OF THH CIT!' COUNCIL OF THE CITY OF RAN4:H0 CUCAMONGA, CALIFORNIA, ORDERING TH.? ANNEXATION OF CEATnIN TERRITORY TO LANDSCAPE MAINTENANCR DLTP.I CT NO. 3 AND STREET .. G HAiN'I'EnANCE OISTA ICT NOS. 1 AND 6 FOA PARCEL MAP 12781•a D12. Approval io ewaYd and execute a PYOfeesionel Services Agreement (CO 90- 135) for the preperetion of traffic signal ec~ordlnation timing plane for Foothill Boulevard to Herman Kimmel and AeaocLatee In the amount of $14,905.00 ($13,550.00 plus lOt contingency) to be funded from Redevelopment Agency, Account No. 16-503000. City Council Hinutee September 5, 1990 Page 5 D13. Approval to execute Improvement Agreement, Improvement Security and Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Haintenance District Noe. 1 and 6 for CUP 88-46, located et the southwest corner of ease Line Aoad and Hellman Avenue submitted by Parkplace Cucamonga. RESOLVTION NO. 90-347 A RESOLUTION OF THE CITY COVNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT ANO IMPROVEMENT SBCVRITY FOA CONDITIONAL PERMIT USE NO. 88-46 RESOLUTION N0. 90-348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 AND STREET LIGHTING MAINTENANCE ^ISTRICT NO. 6 FOR CUP 88-46 D14. Approval to execute Improvement Agreement, Improvement security end Ordering the Annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance Diet tic! Noe. 1 and 6 for DR 87-56, loented on the soot hweei Corner of Jersey Boulevard and Rochester Avenue, submitted by Stanton Jersey Partners, a California Limited Partnership. RESOLUTION No. 90-349 A RESOLUTION OF THE CZTY COUNCIL of mHF Crmv ne sev,.n,. CVCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY POR DEVELOPMENT REVIEW NO. 87-56 RESOLDTION NO. 90-350 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, ORDERING 'THE ANNBXATION OF CERTAIN TERRITORY TO LANDSCAPE MAINTENANCE DISTRICT NO. 3 ANO BTREBT LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 POA DA 87-56 D35. Approval to release Sewer and Water Bonds for Tract 13565 located on the noxtheaet corner of Summit Avenue and Wardmen-Bullock Road. Release: Faithful Performance Bond (Sewer) $333,000.00 Palthful Performance BO.^.d (Mater) 549i.500.u0 D76. Approval to Accept Improvement e, Release Ot Bonds and Notlce of Completion for Tract 13650 located on the southeast corner of Foothill Boulevard and Baker street. Relenea: Falthf ul Performance Bond $219,079.00 Accept: Maintenance Guarantee Bond S 21,907.00 City Council Ninutee September 5, 399D Page 6 RESOLUTION NO. 90-351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOAN IA, ACCEPTING THE PV EL IC IMPROW.MENTS FOR TRACT 13650 ANU AUTHORR ING THE FILING OF A NOTICE OF COMPLETION FOA THE WORR MOTION: Roved by Alexander, seconded by Wright to approve the Consent Calendar. Motion carried anon ~nan!ely, 4-^-: (Grout absenc7. R R f R R R E. CONSENT ORDINANCES E1. CON DEAATION O AN OAD NANCE RECU ATING PVD C ENTRY OCCUPANCY OF POSTED CITY PROPERTY Duane Baker, Assistant to the City Manager, gave a brief uptlate on this and stated this ie the second reading of the Ordinance, antl that staff recommends approval tonight. Debra J. Atlame, City Clerk, read the title of Ordinance No. A2S. OAUINANCE NO. 425 (second reading) AN OADI NANCE OF TH8 CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA, REGULATING PUBLIC ENTRY AND OCCDPnfiCY OF POSTED CITY PROPERTY NOTION: Moved by Wright, seconded by Alexander to app YOVe Ordinance Nn. arc Motion na...n ,,,_-_„e,.el„ .-J-. ~aeouc absent). R R R R N R F. ADVERTISED PUBLIC HEARINGS F1. CONSIDERATION OF ENVIEONMEN AL S SSME T ND TIW A SP C PL N AHENO T 90-01 TY O RAN O C CAMONCA - An amendment to the Etiwanda Specific Plan pertaining to the proposed removal of existing Eucalyptus wintlrowe ae a result of the alignment of Summit Avenue west of Etiwanda Avenue and othez street al Lgnmente. (COntiaued fros August 15, 1990) Staff report presented by Otto Eroutil, Deputy Clty Planner. Counct lmember Wright asked why it would coat $1,600,00 for providing maintenance of the replacement trees. She questioned whY some treaty rive and d., rc,, raVUire extra water to survives, Otto Eroutil, Deputy City Planner, stated that some of the treoe were older end did not nee4 a lot of water. He stated some trees qot their water from Che groves. He added tha $1,600.00 per year amount was worked up by a formula, and that this wne not the exact amount, City Council Minutes September 5, 1990 Page 7 Brad Huller, City Planner, added that with extra care for the trees, they would probably live a lot longer, and that since they are in the right-of-way, they needed the extra care. Hayor Pro Tem Brown opened the meeting for public hearing. Addressing the Council wee: Larry Lewis, Watt Homse, stated they would like to save as many of the trees ae possible. He ststed i.:a adjacent property owners also have a will ingneee Lo aeeiat and cooperate. He stated if the Council wants him to reFlace Lhe trees, he will tlo this and provide the irrigation, but he tlid not Feel some of the eurroundin9 property owners would want to have to pay for anything related to this. He suggested that on page 72, item H, iE the Council conaideretl this option, he would like to add a statement "or until the adjacent developer etarta hie construction, or if there Le an exist Lng home there, that they take over the maintenance". He did not feel he should have to be reaponeible for another developer if they are grading and cause damage to the trees or irrigation. There being no further response, the public hearing was closed. Councilmember Huquet eiated theta would bo a lot of details that would need to be worked out with ell the property owners. He stated lE the details can't be worked out with Watt Induetriea, he suggested thaC rather than the City putting in replacement trees and aeiting up a maintenance program for that apecif is area, hs fs}t it would be Getter to hold it until development comae in to include the tree replacement at that time. Councilmember Atera n.+e- c___-.. ..~ dy. sea. Councilmember Wright at ated she felt some sort of agreement be required to be don.: now. Councilmember AlexendeY felt timing was the issue here. Councilmember Buquet stated he felt the coats to maintain the trees is very low. Councilmember Wright felt it should be required now and agreed with Councilmember Buquet ae far ae getting mature trees. Counc Llmember Wright Eelt the ieaue was should the trees be replaced immediately or perhaps on a timely basis ae other develotment occurs. Otto xrnut!1, Osputy City Manner, s.ewu he fait the issue was should this developer replace the trees now or as soon ae it ie feasible, or by another 3eveloper that le adjacent to this property. councilmember Buquet suggested if it couldn't be worked out with the current property owner, this should ba handled through en in-l leu process. City Council Minutae September 5, 1990 Page e Hayot Pro Tem Hrown stated she would like to see the trees be replaced ae quickly as poeeiSle and for the City to get with the developer on this matter. Debra J. Adams read the title of Ordinance No. 42d. ORDINANCE NO. 424 (First reading) AN ORDINANCB OF THE CITY COUNCIL OF THE CITY OF HANCHO CUCAMONGA, C.9LIFOR.::A, nFPnOV1NG ETIWANDA SPECIPIC PLAN AMENDMENT 90-Olr AMENDING FIGURE 5-13 OF THE 6TIWANDA SPECIPIC PLAN AND HARING FINDINGS IN SUPPORT THEREOF MOTION: Moved by Alexander, seconded by auquet to waive foil reading of Ordinance No. 424 and set second reading for September 19, 1990. Motion carx ied 3-1-1 (Wright voted no, stout absent). • ~ ~ x • ~ F2. CONSIDERATION OF 8%PRESS FINDINGS OF FACT FOA RESIDENT ILL AUTOMATIC FIRE SPRINKLERS BNCAUSE OP LOCAL CONDITIONS - A Yeaolution, when adopted, which will comply with the provleion of the State of California Health and 6afaty Code Section 17958.7. Mayor Pro Tem Brown euggestetl thle be continued since the Mayor was not present, and she would not be prosent at the next Council meeting. She added there was also a request from the Chamber to oon[lnus the item. She asked that this come back in October, but Gould hear testimony of those that could not 6e present far the meeting the Council continues the item to. Courcilmember Alexander stated hle concern was that if this was continued, would there be a lot o£ people rushing in to take out permits before thle ie required. Jemea Markman, City Attorney, stated the whole process would take six weeks before tt la approved once first reading occurs. CouncilmemDer Buquet stated he would like to see the Chamber involved and felt they should be given the additional time to research this. Mayor Pro Tem Brown opened the meeting for public hearing antl asked if there was anyone present tonight that would not be able to attend the meeting on October 17th. There was no response. RESOLUTION NO. 90-352 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MAXING EXPRESS FINDIN69 AND DETERMINATIONS THAT MODIFICATIONS TO THfi CITY'S BUILDING CODE, Ciiy Council Minutes September 5, 1990 Page 9 AE ADOPTED BY ORDINANCE NO. 426 ARE REASONABLY NECESSARY BECAUSE OF LOCAL CLIHATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS CONSIDERATION OF AN ORDINANCE REQUIRING AUTOMATIC FZAE SPRINRLEAS IN L AE SIDFYTZAL BVILDINGS AND CERTAIN RELATED ACCESSORY BUILDINGS OND INANCE N0. 426 (first readincl AN ORDINANCE OF THE CITY COVNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 15, BVILDINGS AND CONSTRVCT ION, OF THE RANCHO CUCAMONGA MVNICZPAL CODE AND ADOPTING BY REFERENCE STANDARDS NFPA 13D AND NFPA 13R, EOTH PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION, REQUIRING THE INSTALLATION OF AVTOMATIC FIRE SPRINELER SYSTEMS IN RESIDENTIAL OCCUPANCIES AND CERTAIN BVILDINGS ACCESSORY THERETO, WITH CERTAIN AMENDMFNTS, DELETIONS ANO EXCEPTION TO SAID CODES MOTION: Moved by Wrighir seconded by Euguat to continue the public hearing to the Council Chambers, located at 10500 Civlc Center Orive, 7:00 p. m. on October 17, 1990. Motion carried unanimously, 4-0-1 (Stout absent). M P3. CONSIDERATION OF ENV IAONHENTAL ASSESSMENT AND TENTATIVE TRACT 14192 HIX AEVBLOPMENT - Appeal of the Planning Commission's 8ecieion to require the underoroundinn of uriliriou nnA rno ,.....er .....r :.... ..a er ...a _ improvements beyond the project boundaries for a residential eubdivleion of 65 single-family lots on 19.7 acres of land located south of 19th Stteet between Hallman Avenue and Amethyst Street in the Low Aeeitleniial Diet rict - APN 202- 061-12, 14, 40 and 44. James Hackman, City Attorney, asked i£ there was anyone from Nix Development to address this Stem. There was no response. James Markman, Ciiy Attorney, stated that for the record there was soma Correspondence, and that he spoke with R. Michael Joyce, Hix's attorney, Chia afternoon, who is requesting that this item be continued. He stated thnt on the basis that Hix requested thle continuance, they have waived any tSme lines which ,......d tey.a re a Ccuntll activii vrior to the date of continuance,. ing7Vdtng rho time to conduct the hearing, any Clme under the eubd lvieion map act. Ne wanted to make it very clear thnt Lhie Sa a developer's request to move Lhie matter in order to work out some of the problems with staff. Wlih that in mind, he eteted staff would recommend this item be coot lnued Lo October 3, 1990. City Council Minutes September E, 3990 Page 10 AESOLVT ION NO. 90-353 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONCA, CALIFORNIA, DENYING A REQUEST TO DELETE POUR CONDITIONS OF APPROVAL FOR TENTATIVE TRACT 14192 FOR A RESIDENTIAL SUBULVISION OF 65 SINGLE FAMILY LOTS ON 19.7 ACRES OF LAND LOCATED SOUTH OF 19TH STREET BETWEEN HELI.HAN AVENUE AND ANETHYET STREET IN THE LOW RESIDENTIAL DISTRICT AND MAEINC, ......,.IiG3 iH SUpt OR'1' THEREOF MOTION: Moved by Buquet, seconded by Wzight ko continue the item to October 3. Motion carried unanimously 4-0-1 (Stout). w . . • e x F4. CO S H I TENS ON FOR D 9IG R VIEW 8 A. - An appeal of the Planning Connie eion'e decision to add the standard school mitigation condition to the development of 20 apartment unite on 1.08 acres of land in the Medium-Nigh Residential District (14-24 dwelling unite per sore), located at the end of Sierra Madre Avenue, west of Edwin Street - APN 207-251- 22. RESOLUTION NO. 90-354 A RESOLUTION OP THE CITY COUNCIL OF THfi CITY OP RANCHO CIiCAMONGAr CALIFORNIA, APPROVING A REQUEST FOR A TINE EXTENSION FOR DESIGN REVIEW 88-03, AND DENYING THB APPEAL THEREOF, THE DEVELOPMENT OF 20 APARTMENT UNITS nN ~ nu *.___ ~. i.anu IN THE MEDIUM-HIGH RESIDENTIAL DISTRICT (14-24 DWELLING llNITS PBR ACPE), LOCATED AT THE END OF SIERRA MADRE AVENUE, WEST OP EDWIN HTAEET AND MAEING FINDINGS IN SUPPORT THEREOP Jack Lam, City Manager, stated there is a request by the applicant for the item to be removed from the agenda. w • • e • w F5. f~O SIDERATION OF ENVIRONHENTAL ASSESSMENT AND ZNDUSTAIAL SP$CIFIC PLAN AMENDMENT 89-03 ^ $ITY OP RANCHO CUCAMONGA - A request to amend the Circulation element of the Industrial Specific Plan (Subarea 5) for the tleletien of Seventh Street between Hermosa Avenue and Center Street - APN 209-261-09 and 30. Ste [f report presented by Tom crahn, Aeeietsar P13.^.n _r. Mayor Pro Tem Brown opened the meeting for public hearing. There Deing no response, the pu611c hearing was closed. Debra J. Adams, City Clark, read the title of Ordinance No. 427, City Council Minutes September 5, 1990 Page 11 ORDINANCE N0. 427 (first reading) AN ORDZNANCE OF THE CITY COUNCIL OF THE CZTY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT E9-03, AMENDING FIGURE II-3 AND FIGURE IV-7, AND HARING PINDINGS IN SUPPORT THEREOF NOTION: Moved by Baguet, seconded by Alexander to waive full readino of Ordinance No. d27 and set neCCnd reading to September 19, 1990. Notion Carried unanimously, 4-0-1 (Stout absent). R R R R R R O. PVBLZC HBARINGS G1. C NSIDEAATION OF AN OAD ZNANCS RE INSTATING PROVISIONS OF THE BROWN ACT RESCINDED EY THE STATE LEG ISLATVRE Staff report presented by Jack Lam, City Manager. Mayor Pro 7'em Hrown opened the meeting for public hearing. Addressing the Council were: Jim F::oet, City Treasurer, stated he liked the staff report by Duane Baker. He stated he did not agree with Section 3 because he felt the City CouncSt should alwaye listen to the oeoole. Nn Eslt Waa up to the City cvunci: to let the people know they were interested in what the public hoe to say. Cnn~~iima-~^t .."_c..~r. ~ oLa Feu ne agreed with what Sim Frost, City Treasurer, stated, but felt this Ordinance Se a statement along with what he was saying. J arnee Markman, CSty Attorney, stated thte Ordinance ie reinstating what the Brown Act soya, and stated the City is putting in what the legislature took out. Councllmember august brought up the fact that beceuae of the Brown Act, it precludes the Council from acting on items under •'Communicatione from the Public^ on the night St Se brought up at a Council meeting. CounCLLmember Erown stated that about a year ago the public had Come forward and requeeted that the City Council add "Communications from the Public" an additional time on the agenda eo that the residents would know that the City Council did wan: to hear £rom them, and that the Council did what was asked of them. Jacqueline Bolds, Caryn tract, Commended what the Clty Comwil was doing Dy reinstating the Brown Act, and Eolt the City Council did welcome what the public had to Bey. There being no further response, the pu611c hearing was closed. Debra J. Adams, City Clerk, read the title of Ordinance No. 42 E. City Council Minutes September 5, 1990 Page 12 ORDINANCE No, 428 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADDING NEW SECTIONS 2.12.1130 AND 2.12.040 TO CHAPTER 2.12 OF TITLE 2 OF THE RANCHO C: CAMONGA MUNICIPAL CODfi, THEREBY REQUIRING POSTING OP AAENItA& AND PROVIDING OPPORTUNIT IEB FOR THE POBLIC TO ADDRESS TdE CITY COVNC IL MOTIOti: Moved by euquet, seconded by Alexander to waive £u 1.. reading of ordinance No. 42A and set second reatling for September 19, 1990. Motion carried unanimously, 6-0-1 (Stout absent). . . . + + H. CITY NANAOEA'S STAFF REPORTS H1. A V S FROM HR. AN MRS. KATZ FOA FINAL SP CTION AND RELEARE OP UTILITIES ON LOT 26, TRACT 13644 lick Gomez, Co:mnunity Development ^irector, stated Mr. and Mre, Ratz were ;oreeent to ask the City Connell to approve their request for final inspection untl release of utilities on their home under construction. He e'.:ated etaEf ]'eels there are a few pose ibis homes to be released that would meal the City's zequiremeni s. Me stated after Mr. end Mrs, Katz speak, they would l..ke for the city Council to atlviee staff to work with the City Attorney's office ':o qet more h nmee released. ........., „~.oa suyuer ereted he learned that Mr. and Mre. Katz felt their house w¢.e going to be released fn the original fifteen unite to De releaee~l, but was di eappointed that it was not. Mayor Pro Tem Brown opened the meet ing for public input. Addressing the City Co incil were: Mrs. Katz had a diagram of the tract showing which homes had been released for move in. She stated that the developer will not finish her house until they know Che City Council wlli release the home. COU::cilmember Wright asked if they would be happy [o move in with the house not being flnaled and all of the items not being corrected. Mre. Katz eteted she felt, per Terry r. r3n4 that t.`.6 hOUae was Dui c well. Coun~:i lmember Buquat eteted they would not be able to move into they house unt i:, it had a final inspect ion. Mre. Katz eteted all they were asking was that once their ho lee Se completed and got final inspection, that the City would release the house for them to move into. City Council Minutes September 5, 1990 Paqe 13 There belnq no further comments, the public input session was closed. Rick Gomez, Community Development Director, staled there are a few houses on Woodridge that ace just about complete, and these are the homes they are asking for the City Cour cil to give the release on. MOTION: Moved by Buquet, seconded by Brown for staff to work with the remaining houses on Woodridge that are near completion to try to move in ae many people as possible that lave coon throng.*. t.`.a City process. Councilmember Alexander stated he would go along with this, but asked the question ae to where would the City atop at releasing houses. Motion carried unanimously, 4-0-1 (Stout absent). • • x . x Mayor Pro Tem erown called a r¢ceae a[ 8:34 p.m. The meeting was called back to order at E:50 p.m. with all members of Council present (Stout absent). x x x • H2. CONSIDERATION OF ADOPTION OF WATER CONSERVATION R880LUTSON Staff t¢port presented by Diane O'Neal, Management Analyst II. Mayor Yrc Tem Browr: opened the meeting for public input. There being no response, the public input seas ion was closed. ....SLo uwrv nu. 9U-355 A RESOLU ^ION OF THE CSTY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALT FOANIA, URGING ADOPTION OF CONSERVATION MEASVRES TO MITIGATE THE EFFECTS OF THE 1990 CALIFORNIA DROUGHT NOTION: Roved by Wright, seconded by Buquet to approve Resolution No. 90-355. Motion carried unanimo sly, 4-0-1 (Stout absent). x • x x • x N3. REPORT ON IMPLEME VTATION OF FALSE ALARM ORDINANCE Staff report preaentetl by Duane Baker, Aeeieta :t to the City Manager. cni,.ncilmembsr :. iuht asnpn for o..a..atica comparing alarm calla of a year aqo and now. Duane Baker, Assistant tc the City Manager, eCated he would get this information for her. Councilmamber Buquet stet ed he felt the 709 reduction was excell¢nt. Bs added he felt the problem was tie convenience etore9. City COUncil Minute9 September 5, 1990 Page 14 ACTIONt Aeport received and filed. • w w R • a H4. CONSIDERATION OF :'.ANDMAFtiC DES TGNATION 90-02 - THE RED CHIEF MOTEL AND CAFE, LOCATBD AT H270 ~~THILL HOVLEVARD - A proposal to conaidor an application to deny a Landmark Designation For the Red Chief Y.otel and Cafe, Historic Preeervation Commission also requests policy direction reearding a +~+ote^.t±al Lananarx Designation for the Bear Gulch area which would include the Sycamore Inn, the eignif icant trees, the Oeo Hear. et etas and potentia:. archaeological resources (the Bite of the proposed Sycamore Village project) but exclude the Red Chief Motel and Cate - APN 207-101-17. Staff report preeented by Arthea Hait iq, Assistant Planner. Hayor Pro Tem Brown opened the meeting for public input.. Addressing the City CUUna.'1r Ware: Richard Crane stated they want to do everything the City and Historic Preeervation Commleeion wants them to do as far as preserving the Sycamore area ae it ie. He added he waote to be sure the grove is perpetuated for the next century io enjoy. Ren Hendrickson stated he felt the Sycamore was a very ordinary building, but did feel it wns an important part of the City. He also felt the groves were very Lmpo rtant and stated that he had planted one of the trees in 1938. Hs added he felt the grove should be perpetuated. Councilmember Alexander aeknd Lf thev met the .-.+~o-:= «.. _ ..._o s _,:..,..,,... ,.. dames Markman, City Attorne;', felt the criteria was there. Anthea Hart iq, Aseiet ant Planner, added a deeignat ion could be worked out that had conditicne on it. .lames Markman, City Attorney, stated that if the des ignetion was made, he would legally support lt. Brad Buller, City Planner, stated that 'there would still be the review process by the P18nning Commiesion whether it in made a landmark or not. Cou nci lmember Wright stated she Felt the Sycamore ie a landmark Decease it ie a part of the City'e history. She felt the Ccmmieeionere would see to it Lhnt it ie perpetuated, and wn~_+td lira t.. ssa /. roads a ianamark by rerhvcality, Mayor Pro Tem Hrown clarified that the deeignat ion of a landmark would preserve this EOrevsr. Councilmember august stated he Felt this property was a treasure and would like Lo eee everyone get in tune with whet 1a to be done to this eito. City Council Xinutes September 5, 1990 Page 15 Councilmember Wright stated ens liked the idea of the City making the designation, but with agreement by the property owners ae to what ie done there. She stated she would like far staff to work with the property owners and then have it come back to the City Council. Brad eu ller, City Planner, stated they needed 30 days. Councilmembere Wright and coquet felt that was a long time and suggested ail concerned gat together and iron [hinge out. Mr. Crane stated they have talked to staff as to what should be done at the site. He stated they want to move things along ae quickly ae paeeib le. Brad Buller, city Plenrer, stated they can bring back a report of the discueeione aC the next meeting. MOTION= Moved by Wright, seconded by Alexander to continue the Sycamore discussion to the September 14, 1990 meeting. Motion carried unanimously, 4-0- 1 (Bt out absent). MOTION: Moved by coquet, seconded by Alexander to support the Historic Preservation Commies ion's reconmentlation on the Red Chief Motel. Notion carried unanimously, 4-0-1 (Stout absent). w • x • • x H6. STATUS OF REFYCLING CENTERS IN SHODFrnr. rswmvn ~_ r_rc~L r.oee„ceu by Brad Buller, City Planner, "ho stated there ie a survey being done on the centers ae to their adequacy, which should be completed near the end of the year. ACTION: Aeport received and £i led. ~ • • • • w H6. C O O UN ER U UN VE IT - Master Tentative Tracts, PLnal Development Plan Map, and various Tentative Tract Mepe for 1,293 single family residential uniter 6.3 scree of commercial, 4.56 acre park site, and 7.17 acre school site for Univere ity Crest Planned Development Proposal on 425.16 acres of land located north of Highland Avenue, south of utility corridor, east of Day Creek Channel, with port Lone west of Hanley Avenue and port!one west o£ E*_iwsnd'- .'.vcnua w thin LLe City's Rnhere of Z.^.fluonca. ..,a proposal also Lncludes the detl icatlon ee permanent open apace of 675 scree located within the National Forest. Staff report by Miki Hratt, Associate Planner. Hayor Pro Tam Brown stated her concern was how under the EIR, the Rock Crusher was addressed, ae it relates to noise, traffic duet, sic. City Council Minutes September 5, 1990 Page 16 Mayor Pro Tem Brown opened the meeting for public input. Addressing the City Council were: Joe DSIOrio, Caryn Company, stated he hoped this project would help atop the Rock Crusher. He also presented pictures of the project. He continued to point out things he tlieagreed with in the staff repost which was in a letter that he provided copies of to Council. He concluded by saying he has not heard any obi act inns Frnm the yeople in the City abort the Etiwanda North Specific Plan. He felt it would coat the City a lot of money tc redo this. He stated he wov ld like to see the City work with the County on this project. Lewis Trout, 7561 Leucite, invited Joe UiLOrio for a hike on Saturday in this area. He felt it would further inform Mr. DiIOrio and others about this area and how it relates to this project. Gary Kendrick, '1064 Selma, stated the hike on Labor Day wee very informative. He felt the City needs to fight the County over this. Larry Henderson, Principal Planner, etaLed the entire Planning Commission has been on a tour of the Etiwanda North area. He added that the County Se aware of seismic activity in this Brea. Councllmember Wright stated she hopes the City ie pressing forward on ecological environmental impact e. She felt traffic issues were important, and felt the fact that the fault ran so close to a front yard or house concerned her. __________ ______ ___-_ _.._ .........r L.... ...., ....r eve U.L,ye very differently regarding this. Mayor Pro Tem Brown stet ad there are some areas that just aren't buildable areas, end felt the County did not realize this. She asked if the County knows whet the City's position Se, and has this been put in a report. She also asked how the County was Mann ing on serving this area if the City does not annex it. Brad Buller, City Planner, stated he would like for the subcommittee of Buquet and Stout to review the information that ie coin9 to the County. Councilmember Baguet stated he felt staff needs to keep conveying the Clty Council's concerns to the County. Ne stated he and Mayor Stout will work to get the County to let the Clty do the planning in this area. .c ~'iimemioer Wr iaht etatnri she tal• ci~.e_...: _... .. u: s.,l .. ..1.,....w .. fight L-.g touget this area into the City of Aancho Cucamonga. She stated Vehe tali the City needs to write Supervisor Mikela asking for hie support of the City's position regarding this matter. Jim Proet, Zone One Plood Control Committee, suggested members of the City Council address any of their concerns relat lve to this Committee to them eo they can give their Input. City Council Minutes September 5. 199D Page 17 Mayor Pro Tem Brown asked that Councilmember Wright'e suggestion be included in a motion. Lewis Trout suggested Ghat Corgreeeman Jerry Lewis, and Senators Pete Wilson and Alan Cranston also be made aware of the City's position. Councilmember Wright felt that for now, she had faith in Supervisor Mikele' support that he would represent the City of Aancho Cucamonga, and d{d not feel it would need to go any further. MOTION: Moved by Wright, seconded by Alexander to direct staff to go to the September 20, 1990 County Planning Commission meeting to express support of the four issues ae presented in the staff report and other issues ae discussed by the Council, and to write a letter to Supervisor Mikele urging hie support and urging hie colleagues for the City's involvement in the planning of this particular land. Councilmem6ers Alexander and Buquet stated they felt uncomfortable with the confrontei tonal mode the Cit}' ie taking. Motion carried unanimously, 4-0-1 (Stout absent). Joe DSIOrio, Caryn Company, stated he felt the City was closing the door to cooperation with the County by sending a letter to Supervisor Mikele aakiry fcr him to support the Git y's four po:.nts outlined in the atafP report. Councilmembar Wright stated she fntr Nom, n: Tnrin ...tee .,. Joe D1IOrio, Caryn Company, stated he just wants to do this thing right, and asked that the Council re cone ider this action. Lewis TrOUt suggested that Mr. DiIOr io sit down with the Chairman of the Geology Department et Chaffey College and with Ptofeeeor Dee Lauriee io disease this matter. R 1 R f 4 f H7. STATUS REPORT ON CENSUS RESULTS Staff report pre eented by Jack Lam, City Manager, who stated the City ie working with the Ceneue Bureau on this matter and will challenge the numhere given to the City. ACTTAN' F.epO_t __ce i:•ed a.... .,. ~iw. • • • f R HS. GRMB SEPARATION AT FOOTHLT wnni R~~*Rn OUTHERN PA IPI n C.~OUNCIL DIRECTION TO PROCEED WITH FORMAL OES IGN FOR RADE SEPARATION Staff report presented by Mike Olivier, Sr. civil Engineer. City Council Minutes September 5, 1990 Page 18 MOTION: Moved by Buquet, 6econded by Alexander tc approve staff's recommendation. Motion carried unanimoualy, 4-0-1 (Stout absent). + • + + + # T. COVNCYL BUSINESS I1. DISCVS@ION OF EUB STOPS ON HAVEN AVENDE (Costiaued from August IN; 1990) Stflff report presented by Pa•_ Rougaaa, rraftlc Engineer. CounC.Llmember Wright eieted she appreciated et aff's report. ACTION: The City Council concurred with staff's report. # R R R # # I2. CONSIDEPATION OF CONTRIBUTING S1,OD0.00 TO THE INLAND EN.PIRE DESIGN INSTITUTE MOTION: Moved by Wright, seconded by Alexander to continue the item to October 3, 1990 ao that the entire Council could be present to vote on this. • x x + + w I3. D~CUSSION OF 6NTEBING INTO A CONTRACT WITH NrgI,I~STER DESIGN TO DEVELOP A c AP ` S PAC G R CUC ON LIC IC Staff report presented by Linda Daniels, Deputy city Manager. MOTION: Moved by a: ~;;_-_~~ ~ .,uuuea py Buquet to approve the contract With McAllister Dee ign. Motion carried unanimoualy, 4-0-1 (Stout absent). I4. DISCUSSION OF ENTERING INTO A CQNTfiACT WITH Y.CALLIS TER DESIGN TO DEVELOP P GRAPHICS PACXAGE FOR A SEAL FOA THE CITY O RANCHO C CAMONCA Staff report presented by Linda Daniels, Deputy City Manager. councilmember Buquet questioned if it was really necessary to change the seal. MOTION: Movetl by Alexander, eecondad by Buquet to approve the contract with McAllister Design. Motion carried unanimously, 4-D-1 (Stout absent). x + + + . + 15. CONS IOERATION OP A POLICY EXTENDING SALARY AND BENEFITS TO EMPLOYEES NHO ARE CALLED INTO IyCTIVE MILITARY SERVICE AS A AESVLT OF ~'t¢' CONFLICT IN TH6 MIDDLE EAST !DRAG REPORT BY MAYOR STOUTI Staff report presented by Jim Hart, Administrative Services ALrector. MOTION: Moved by Buquet, seconded by Alex ender to approve the policy. Motion carried unanimoualy, 6-0-1 (Stout absent). city Council Minutes September 5, 1990 Page 39 x • x x x Z6. DISCUSSION OF CONDUCTING COMMUNITY AWARENESS SEMINARS REGARDING GANG AND DRVGS Stnff report preeented by Jack Lam, City Manager. Councilmember Buquet stated he has been approached by various parents asking tar these typae of programs to better inform them. MOTION: Moved by august, seconded by Alexander to approve the conducting of community awareneee eem roars. Motion carried unanimously, 4-0-1 (Stout absent). h R R R R} I7. CONSIDERATION CP ADOPTING POLICY REGARDING USS OF CITY COUNCIL CHAMeER3 PLAZA CONPERSNCE ROOM AND HAVEN CONFERENCE ROOM St eff report preeented by Jack Lam, City Manager. Mayor Pro Tem Hrown stated she did not think there was a need fore policy, Lhat she had faith in staff's judgment. She fslt if the City Manager was uncertain about hie decision, then it should come back to the City Council for their concurrence or recomoendatlon. Councilmember Buquet felt there needed io be a policy, Coumllmenbar Alexander concurred with Councilmember Buquei. Counnilmember Wright stated she agreed wish Mayor Pro Tem Brown. Jack Lam, City Hanager, euggeeted that Lt 6e an administrative policy which he would follow Lnetead of being a Council policy. ACTION: The Council concurred that this be an adminietrat ive policy to be followed. R R R R x R IB. DISCU99ION OF DATES AND ATTENOAN E OF SPECI i OUNCIL MEETINGS WITH COMMISSIONS AND OTNER AOSNCIE~ MOTION: Moved by Alexander, seconded by Buquet tc continue the Ltem to the September 39r 1990 meeting. Motion carried unanimously, 4-0-1 (Stout absent). I9. DISCU3SI0N OF SCONE OF ENVIRONMENTAL p1A ACEMENT COMMIS ION (COntinw to October 3, 1990) HOT ION: Moved Dy Buquet, seconded by Brown to continue the Ltem to the October 37, 1990 meeting. Motion carried unanimously, 4-0-1 (Stout absent). f f R R R R City Council Minutes September S, 3990 Pnge 20 F OF NHZ IN J1. Mayor Pro Tem Bzown requested that at tha October 3 meeting en item come back to consider a aubcommlttee of the City Council to interact with the Sports Council. • • T • t R R. COMNONICATIONe PROM THS PVBLIC No communication was made from the public. • a • • x L. AOJOVRNMSNT MOTION: Moved by Alexander. seconded by euquet to adjourn io Executive Saeeion to disease personnel matters. Motion carried unanimouelyr 4-0-1 (Stout absent). The meeting adjourned at 11:45 p.m. It was smomcad at the coaclueios of the 6xecutlw eeasim (13:05 •.a.) that the Council egzeed to grant the City Manager • b\ eerL! ineraasa. Raepectfu lly submitted. new..n . nw...... rvr city clerk Approved: LN1! yF? 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' r ` P~ww Mwa~-.w:.Mwje ww.l w.w Mne FN.IM-Iw WNfwYew NMe OYr ~' ~ ,(' ro d L O a° t. .~ RFFSKAf10M FOR YCONOSK tEYIRl10E ElOFNEFlS) I. 1YK131 DF rICENSE(S) AE NO. Iw 0.ywxnFN N AkNdk MweRF CenkN AERMr NQ xt• yraf:e ~ A~ OEF SALE BEER 8 MIME (20) S119Li . sa=.w l.. crd.fan Df~~ ...y....n...=.,r.I COD[ 3619 /h. wN«dAnM haeSY eppeer la Dele bremn devAed w lew.a IYr.d ]. NAMEIS) a AFNM:.WTISI IfIIr. Fwwx 4' ~L\~'1 ' AppNM rMw SeS. ]q1A p SgRIRARD CORPOMil0l1, TIE FA«Ara Daly - EA«x.e Ddai " FWRRI, DEL1A WWLENE f. t»t(SI a RANan[rION(il ~ tx:. tilt HARRTI Jplll e'er. rif. ! ,~ •). :r ~: .G l Name d wYrrw 1_Fl nr.n fln.. 41ir._)5)1 !. lxaxen N ANnaI-11unlbw aM 41rea I T 9081 ArchlMld Are. :NFFPU)ti]1t l.UI CHy wN ipp Cew Cmry i 5... W Rancho Euc 91730 Sen 9ernerdtrw tool h !1 j ~! D' \ ~k ~~ I 6. N Mdrr lyenM• ). An Freml\n In,IM 1^y shre ryw N lbwe q0 _:1ao1:; cm' udef tru .t F. MdNp Addrew M 6Fwenl hsw SI-Nuwber aM SYM nr.axwd ' i i P. 0. BDA tY6E. Bnt. U 926224165 rerN. F, na.e T« «a baw rannkM d a le Wry1 10. Mm Y^e «« NeleM airy N dN p«Nan N xN ANdwSe ~: 1«a.eFe [eMrd M w retelsbn N NY DeFwA•eIx Ffn ,., ~ _ SEF ATTFCHED _ reeYF le the Aat . 1 « ra sn sn .. i. ' ~Y. ih Nt9ue1 Fxgd, Ass lstAnt Secretary --'~ Thn SnIlhlAnd fnrROr.llnn ~ ,.•'~ "~-~ ==-.~.YA« Earn L, Rrvio9a I JoseAA L, RrolagD ! ~'',/ -- I ~ .ill he,. sA Me a.NArewm el O. STAR OF CALwOAIIA Ceenry N.._....... rave;lipe ................0.Y........_°/!?/?8......n~eR r~ ,r.nr Y rnFr. M r+r .wy r4++r. rnr, nrxM N n nl m rv h wMrw...n . ti yMrn. Y r =•\Mlj rly rrlN/ rwrt.Y..yn,= w O., W,Nne rdAwµ M NNI,N,y .n\. M, ryrlNYr r ry \d.l1r IF AM Y IN ,M w M. ~-• rM .,.r.w .. \.... ..rt.y, ....1 N M wr1..M ryy~y ,I.y.w r.~ , rp,r n enn..M M Y wNrn4=1 I . I r•••_•r rv _•~n w~ ~~-~ Mn r r~..rr w r ~.~ x ~ xn '~wwl i~ n..• ~+n rani w r~ Mr +yll 1~1e1 Y•.]]. rn nn•/ rv rr N4. -.nrn mM1rn n ~y ry ~rv • iM n4w'rv uNr M rl,.r. M'~+ wxw n Y.W ,r, Intl. I yM.MyW. r 4 .Iww. M xM~~M nrbn ,• i, .w r rMMr IMIa, Y ' e -~-r-.': °Tlg• ,nyu'Ibl~oa6iairiaR ,.7 Id. AOIDCAIp' .,, J.l:r~~~:i9~" .. .' (. ;,,,i 1Q e(;fMgt~, AaSlitant Secretary DeI IF ILrl ene xerry ` T-'."-'--~"''': '~ ~''••..1"-'' Al-IICAiION RT TRANfFEROR ~tp 1S. S)A1F OI CANFDflAA C«nb d........." ............................DOY........._....._.._.__.....r .~2 nW h YxJrWxrAu•ywelMWn~H nM y +\, MI .rvII~-~M~~•.M1nnyr N YN111~=I M 4 4rAr Mn ~raxnn ww1. ,1 y.yM W. w y u,I n.. y M n w.+., ...M . Nh .. w ax ..rnr.e• N ..A ~Mn n nr.•M , Inr III an xn N- w wI\;Wn x N.Nrv N wW r,r.I± yn ,Ay lI ~ .Ml,w-ryiY Orr Mn.n M -Ny rn nnMM M L nNnr r4 un~n` rrR.M y M i M rw.MnIy N- NMYA rv M .n/wr w 4M1re . I.M rwv • M N •\w M I•rtl,• MNry1 ~IN'Wn'en M Maa w Rj Mn y Iw w . r ^MIIY ue«r u M awrrr. 1 ~ :1 16. Namepl el ll=uuNq R, aawreld of lkenae \) t~h ': ~ I W L • •~ ~' NcwN.(I 1 .h I H, laraxen N•Inb« aM Shea Ciry eM DF CMe Caalll ' \ i 2136.25111 8001 ArNtNld Are. RLnchO [ueFRpppt 91]]0 san 9are.rA=An ~ Oa NN A'rHr blew TA4 Lhwr Fm DapaNMen1 Uw ONI •`n AIl«hdI ~ ANwdd wNre, INrfYrr FaWrS ....................." __"___......_.___.._CONlS MAIItD .._......__ urnor r pAYNaNI lee N..........lahl N ...........................„oAke.n.................AefflFl tM. _........._....._..... ~ /O ~ S ~ \ ~ •~ °S ~ de ~ Yaurr r N ~a 16pmE.~Af1fR Vl ~ ~rillllAS ~N/+o I ~3~ M23 ~ K/0~ PifRn au Faf~me-mT l BoHf miuMS i I \ Q OJfPo! ~ _ Jof~ A I fig/ ~ vicesA ~~ ~ I\I. GEVe4PL ~ 7euw~ V MMCR=/AL ~ ~~, ~~j Sjj ~xy vNf ~~ irrtr ~'V 'F 3 V ~ SY t 9nJ 1a1. r __.. 47 Forty/LL L-~LVa 1 /rtoo sro~ FM- GuAr (oR~mtR/Af g/WK~ THE IELE{5~ iS<o hoeE /5 GcnrED o.~ rNE Ft/denvFi95% (y~IE.Q aF ~f'CNIt3/9.~ /I.ND fNn/ /ae//A ../.rNrN !,F G . ~~ / Property is currently zoned: Crnm~nity Crnrrrcial ' Zoning of adjacent propertres: ' North: Mel3iinn iaesidential South: Odmami.ty Camwrcial/PUOthill Specific ' ' Plan 'g Fast Carmercial/Office-Special Wmercial/ ,~ Foothill Specific Plan SVest Special Cam~ercial/FOOthill specific ~'~k- Flan ~K ~¢ ~ 9/14/90 nd~ ~ '+', a~ ~.n ,: /( L e CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3, 1990 T0: City Council and Ctty Manager FROM: Shintu Base, Oeputy City Engineer BY: Jerry A, Dyer, Associate Engineer SUBJECT: Recommend approval to open escrow with General Dynamics Corporation for purchase of land on Milliken Avenue between 6th and 7th Streets, to obtain the right-af-way for the Milliken Avenue Underpass, for f60,000.00, plus escrow fees of 52,000.00 to be paid from Account No. 15-50300 and authorize the Deputy City Engineer to execute all necessary documents. RECOMMENDATIOM: Recommend Approval to open escrow with General Dynamics Corporation for the purchase of land on Milliken Avenue between 6th and 7th Streets, to obtain the right-of-way for the Milliken Avenue Underpass, for 560,000.00, plus escrow fees of f2,000.00 to be pai6 from Account No. 15-50300, and authorize the Deputy City Engineer to execute escrow documents on behalf of the City. BACKGROUND/ANALYSIS In accordance with the Agreement for Acquisition of Bald property between General Dynamics Corporation, and the City of Rancho Cucamonga a settlement for the purchase of land on Milliken Avenue, to obtain public right-of-way for the Milliken Avenue Underpass has been reached. It was mutually agreed that the C14y could purchase a portion of General Dynamics Corporation property fora purchase price based on an appraisal prepared by an independent appraisal consultant. The funds for the purchase are to be provided to General Dynamics Corporation, 1n accordance with the September 17, 1990, agreement. Since the Deputy City Engineer, by resolution, 1s authorized Lo accept the Agreements on behalf of the City; permission is sought hereby to also allow the Deputy City Enatneer to execute and validated escrow documents on behalf of the City. Respect/fully submitted, h. SB:JAD:Iy Attachments / GENERAL DYNAMICS CORPORATION Pierre Laclede Center SL Louu, Missouri 63105 Dean A. McCallum Assislem Gen<ral Counsel SEP2n tggp {.~l 314$89-831J DAM:dw 40-182 17 September 1990 Mr. Mike Olivier Senior Civil Engineer City of Rancho Cucamonga 10500 Civic Center Drive P. O. Boz 807 Rancho Cucamonga, CA 91729 Re: Milliken Avenue Underpass Improvements Dear Mt. Olivier: General Dynamics Corporation accents rhn nfrn~ ~~..!_?;;~a :; ~~;;: letter of September 10, 1990. Please prepare and forward to me the necessary documents to conclude the transaction, including a survey of the land being acquired. The deed will be executed on behalf of Gencral Dynamics Corporation, a Delaware Corporation, by C. Robert Stoker, Vice President and Treasurer. Very truly yours, ~~~~ ~~r~ Dean A. it4cCallum xc: C. Robert Stoker R. W. Hadinger D. K. Bjelke ~~ CITY 6F RANCHO CUCAAfONGA Inr~11 c+.o- e.•.v., n,;... n,.~ nn;rr Iw, xm pl q vxanx5l RanrAn CuramonFa. C]Illarnli 91 RY Faa: PIQ 4A>d!W September 10, I?90 General Dynamics Corporation P_erre ;_.,cLede renter St. Lcuis, Misso ul-i 63105 Attention: Dean A. Iic Callum. assistant General Cpunsel Subject: Milliken Avenue underpass Impravemenis at A.T 3 S.F. Railroad - Dffer fo grquire Right-of-way A.P.IJ. 0209-272-04 Dear I•Ir. McCallum: As discussed with Plr. HarJinq er, in ortler to construct two southbound lanes of traffic from Seventh Street to Sixth Street, a portion of land estimated to be .275 acres lll,`ai9 square feet) is required from the subject property. The City i.; willing to purchase th•+ n^c essary property , and our gFfer far tnc strip pf property is Sixty Thousand Dollars and nn/1x10 19;60,000.00). This offer shall be for the full amount of Uhe fair market value as established by an independent appraisal valuation, A r of snrh an m-ai~.al is attathod. Such offer er.c lude•s or makes no provision (or replac emrnt u( lost improv einents except as provided by the financial compensation offered as outlined in the valuation breaLdown. IJo limit of ar.c ess to the proposed right-nf-way is implied. and indeed, the City recognizes those points of access heretofore in er.i skence. Provisions to improve such access will remain the responsibility of you, the owner, er.c ept as Tor minimal provision to restore such access as heretofore in existence. If you fintl the above mentioned offer acceptable, please advise the City within fourteen ilLl days and we will provide the necessary legal documents and aUreement to pw~chase tP,e subject land. If we do not receive a response, we wiii assume you du not wisi, io md:.e tit,~a trensac lion and staff will begin prep oration of condemnation ac d ons. Be advised that the Costs o1' imprp~rmrntn roes trncLnd by the Crty wil] 6e recover al+le upon development, and rf tl,n City has to purchase right-pf-way, ti,at cost. with intern^,t• will be includ r.d also. Li adtlition. this easement dedication 1+i II nut rc•I lrvr the p.-raper ty owner from any future dedication of Milliken Avenue or any other street needed fur development rat thh parcel sl~own as hssessnr's farc~l Nn. 0209-272-04. .~..n.~,.. ~~ u.»~. 11'illi.w, 1 ,\h~+anJrr c harlr. I Pm w~l II w u.,•.... tlr . I•r: c a 1 I ~~~,~ September 10, 1990 Page 2 It is always nor inrniit trr nr,)nt inrn rinht ~nF-wny grquiai lino nn n friendly, yet profess ianal balls with property owner's in nor City. Therefore, staff would lii.e to prn'sue the acqursi tion by making the above payment and thereby preclude any rourt appearances which would Doss ihly e.+d in the ,a^e result anrt be more r:ost ly for ho th partir+s, If you any questions. please contact Flr. Berry H. Dyer. gssar. irate Engineer at f714) 989-IDL2. CarUial ly, COfg19LIDII TV DEVEL OPhIEfli DEPgf?R9CI~IT ENG 11JEEf7I I•IG D I V 151 DN ~~~~K P~~~.~~ v MiL:e Olivier Senior Civil Engineer h!0: JAD Enc insure cc: H. W. Had inger• Director General Dynamics Corporation r5 NILLIkEN AVENIE UNDE0.PA3S ' AB[DIIDINONbNETfpR LTb o/ Raorbo CYUmpye wxp 0.lOpINID rAa M CBI of Ra0rAo CLeAmooN P.O. BoA IB/ . R,tvrho CucemonBk, CA 91130 NACl ABOYE TIrN YN NM AfeoAWAlVkt ~~ EASEMENT APN 0209-272-06 ~ FOR A VA!-LIABLE CONSIDERATION, wptlpl of wb:rh b 6nepT EcLeowlydpd, CFYFYI ORANi153 a Um CDY of RArNiro CueAmoryA, • Muoirlpd Corporuion, A0 BASEA3P17T for i BT0.EET AHD 0.ELATEO PU0.POBEB in, ever nul upon INN cerlun rd PrWrref b UY: CNT Of Raorbo Cuumonp, Corny of 3eo Bereulydieo, $We oI Califoroie, Daaibed u FoNowc SEE ATTACHED EkHIBIT "A" [bled O[NlNAL ACIeNOWLtDOM[NT &Ne of 1 ss CounlYO1 C. M1cbvE 9Mker Via PresldAnt and Trwsurvr On IBNtM_Oq of 1Y~MIOnnN, IM YMNNpwE Ndw /YNk, pN{gNIY erpop,~ ^ DNwnNIY4Mwn IO11N O D'e'.ed lOnYenIMMNFdFNNNeINyerINnN ro MtM PNAayN wMN"w'NIN YYUec0kedbMe i ~ ~' w11AM NFIrvmod.MSknowNeBM NIEI .-.R WITNEBBmY1wn1Ngo11kW Ookl. NOIIry'1 YO TNI it A eBNMAe ACANONLtDRtNA1R. ~LMBB DBt FAOPY MENgIWeDAMIYT, I. t. BMTYpB~IPr .....~...e.ww. / W May 29, 1990 File: 135-86-600 Description of easement to be granted to the Ciey of Rancho Cucamonga for street and public utility purposes. Those portions of Lots 9 and 16, Section is, T. 1 S., R. 7 W., S.B.M., in the City of Rancho Cucamonga, County of San Bernardino, State of California, according to map of Cucamonga Lands, as per map recorded in Book 4, Page 9, in the office of the County Recorder of said County described as follows: Beginning at the southeast corner of said Lot 16; said point also being 30.00 feet west and north measured at right angles to the easterly and southerly lines, respectively, of the northeast quarter of said Section 13; thence North 89'48'51" West along the southerly line of said Lot 16, 95.58 feet; thence North 45'11'09" East 45,31 feet to the beginning of anon-tangent curve concave northwesterly and having a radius of 24.00 feet; a radial to said curve bears North 0'11'09" East; ii,enw uunnca>i uuuugu o wui, a~ augw u, vu .ice au , m, m~ ,m,gw u, 37.93 feet; thence North 0'22'01" West tangent to said curve 39.00 feet; thence North 44'37'59" East 41.01 feet to a line that is parallel with and distant 10.00 feet westerly measured at right angles to the easterly line of said Lot 16; thence North 0'22'01" West parallel to the easterly line of said Lat 16, 161.62 feet; thence North 1'33'40" East 117.99 feet; thence North 0'24'54" East 222.03 feet to a line that is parallel with and distant 3.00 feet westerly measured at right angles to the westerly line of said Lots 16 and 9; thence North 0'22'01" West, 579.64 feet; thence North 12'44'57" West 55.96 feet; thence North 45'22`01" West 21.21 feet to the northerly lime of said Lot 9; thence North 89'37'59" East 30.00 Feet to the northeast corner of said Lot 9; thence South 0'22'01" East along the easterly trine of said Lots 9 and 16, 1,275.51 feet to the point of beginning. _QPOF~~, SEE EXHIBIT "A". No. 21062 ~~ N. o~7q 0b~"w. 222.03' J Q LO"( i(o 0 N.OI11~ 99~, E N. O~ i- c~ yy 161. (0'4' fo' -~ N. AG° 37' ~9" E. dt 1 -Loo°22'01" w.- 3a.oo' r; N.a~r~'lo9"E~~.• o¢ ~,x.-rN /1 GURvE OA'rA D+40°33' 10" -- _' ~c x.23' L - 37.93' wl w QI 3 C S ' ~ at 0 ~' N ~ J ~1~ •~ 3 iz O ~.~ I ~ »{ 1 m Y ,I w N.84' b8' Si' w. 45.58 P0.6 N. Lar 9 -~ ~ ~ 3 Ste ' , N N ~ 3 0 Z ~~! Z Y I ~ .. I ~ i-1 ATG ~~ R.1 w. EXHIBIT "A" GALE i ~ z 100 ~g L 7'M ~ RIGHT-0F-iMY A9tEEMENf MILLIKEM AVENUE UNDERPASS 6TH STREET TO JERSEY BOLLEYARD THIS AGREEMENY FOR THE GRANT OF EASEMENT AND ESCROM INSTRUCTIGNS, dated for reference purposes only as of the day of 1990, Dy and between General Dynamics Corporation, ("Grantors") and the CITY OF RANCHO CUCAMDNGA, A MUNICIPAL CORPORATION ("CITY") is made with reference to the foP owing: A. Grantor is the owner of the land described in Exhibit "A" (whole parcel) hereto ("the Property"). B. Grantor desires to grant to CITY an Easement for street and related purposes thru that portion of the Property described in Exhibit "e" (Easement) attached hereto and CITY desires to purchase the same from Grantor in order to construct thereon and maintain a street protect known as N1111ken Avenue Underpass to serve the remainder of the Property and the surrounding real property. The real property described in Exhlbt t "A° attached hereto and referred to as the "Street Easement" and that portion of the Property other than the Street Easeaent is referred to as "the r~atnder parcel". NON, THEREFORE, in consideration of the foregoing recitals, the mutual ~ _,. ___ _.. _~. ~-..-.. .~. .... .c. wu"¢.u , auv V,.I~el r,VY OIIY •OI YaUIC consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby agrees to sell to CITY and CITY hereby agrees to purchase from Grantor the Street Easement, upon Lhe terms and provisions hereinafter set forth, and Grantor and CITY hereby agree as follows: 1. PURCHASE PRICE The total purchase price which CITY agrees to pay for Lhe Street Easement is Sixty Thousand and no/100 Dollars, payable as follows: (A) Concurrently with the opening of escrow, CITY shall deposit 1n escrow the sue of Sixty Thousand and no/100 Dollars, cash. (B) CITY shall deliver any remaining required balance to close the escrow, Ind uding escrow and recording expenses, at the close of escrow. 2. CONDITIONS DRECEDENI' The purchase and sale of the Street Easement 1s contingent upon satisfaction of the following conditions: (A) Grant of Easement Deed. Prior to close of escrow, a Grant of ~9 Easement deed shall be prepared by the CITY and delivered to escrow for signature and execution by the Grantor. A plat showing the Easeaent and remaining property shall be attached. (B) Title Matters. CITY shall receive a Preliminary Title Report from Unite6 Title Caeipany, Col tort, California, covering the Street Easement. Mithin seven (7) days after CITY's receipt of the Prellmlaary Report, CITY shall notify Grantor and Escrow holder in writing of any Item shown on the Preliminary Title Report of which CITY disapproves and which item detrime.^aally affects the va]uo or use of the Street Easement ("Disapproved Title Matters"); any item shown on the Preliminary Title Report and not so disapproved shall be deemed approved by CITY. As to every Disapproved Title Matter, one of the following steps shall be accomplished within thirty (30) days after Grantor and Escrow holder have received written notice of the Disapproved Title Matters: (1) the Disapproved Title Matter shall he reaoved or modtfled in ;manner acceptable to CITY; (2) Grantor shall agree to make the close of escrow contingent upon raaovai of the Disapproved Title Matter; or (3) CITY shall expressly waive the Disapproved Title Matter by a writing delivered to Grantor and Escrow holder. (C) Faiiure of Conditions. If any of the conditions described in Section 2 above have not been met within the time limits provided, then either Grantor or CITY may give written notice to both Escrow lalder and the other party that rrantnr fnr f.TTV ~T ortc to tanalnat. th/" a~.e...er a.,A n.. naming the precise condition which has rat been met. If such written notice is given, then the escrow shall tersinate 1t the condition named in the notice has not been met within ten (1) business days after receipt of Lhe notice by both Escrow hot der and the other party. In the event of any termrinatton of the escrow pursuant to this Section, Escrow holder shall return to the parties depositing the same alt docueents, lnstrrwents and monies given or made 1n connection with this Agreement, except that any escrow cancellation charges shall be charged to and deducted frw the amount to be refunded to CITY, and thereafter neither party hereto shall have any liability, duty, or obligation 4,n the other fnr nr en .~tcurC cf this AgreooeN Qr the aidtteia e'r thiflgs contained herein. 3. GOOD FAITH DEPDSIT Concurrently with the opening of escrow, CITY will deposit with the Escrow holder the sue described 1n Sactlon 1 (A) above as evidence of CITY's good faith intention to purchase the Street Easement upon the terws and --ad conditions contained hereto. 4. ESCROM Ml thin five (5) business days after the execution of this Agreement, Grantor and CITY shall open an escrow at llnited Title Caepany, Colton, California ("Escrow holder"), through which the Grant of the Street Easeeent shall be consuimated. If escrow 15 not opened within this time, either party may terminate this Agreement prior to the opening of escrow lmnedlately upon delivery to the other party of written notice of such termination. Copies of executed counterparts of this Agreement shall be deposited with Escrow holder to act as escrow instructions to Escrow holder. Escrow holder 1s hereby appointed and designated to act as an Escrow holder and 1s authorired and instructed to deliver, pursuant to the tenes of this Agrement, the docuaents and monies to be deposited Into escrow as hereinafter provided, with the following terms and conditions to apply to such escrow: (A) Grantor and CITY hereby agree to be bound by each and every one of the terms, covenants, conditions, and agreements rnntalned 1n Escrow holder's standard printed conditions and stipulations with respect to escrows, a copy of which shall be delivered to Granter and CITY at the opening of escrow. In the event of conflict between such standard printed conditions and this agreement, this agreeeent shai7 corKrol. (B) The term "opening of escrow" as used herein shell be deemed to be tiw n„re y~... ;;!;!cy ~;;,;~„ i,oider recewes copies of this Agreement signed by all parties hereto. (C) The time provided to the escrow for the close thereof shall be thirty (30) days after the opening of escrow. (D) The terw "close of escrow" as used herein shall be deemed to be the date upon which the Grant of Easement refer rod to herein 1s recorded in the Office of the County Recorder of San Bernardino County, California. Possession of the Property shall be delivered to CITY upon the ciose of escrow. (E) Grantor and CITY shall, during the escrmw period, execute any and ail dtt~aer~ts an6 perform any and all acts reasonably necessary or appropriate to consuemate the grant of tfm Street Easement pursuant to the terms of the transaction set forth in this Agreseent. (F) Grantor shalt deposit into the escrow, at least three (3) days prior to the close thereof, duly executed by Grantor, the Grerit of Easement covering the Street Easement. Upon the ciose o/ escrow, Escrow holder shall ~ c~"~ cause the Grant of Easement to be recorded in the office of the County Recorder of San Bernardino County. (G) CITY shall deposit any remaining fee required to close the escrow Into tbe escrow, before the close thereof, in the manner referred to in Section 1 hereof. (H) Grantor shall be responsible for all costs incurred in removing the lien of any deeds of trust or mortgages encumbering the Street Easement. (Ii As provided in Section 21 A), Escrow holder shall obtain and forward to CITY far approval the Preliminary Title Report and a copy oP all easements, covenants, conditions, restrictions, and other exceptions shown therein, including any other maintenance, assoclatton, or parking agreements. IJ) CITY shall pay the escrow fees of escrow holGer. CITY also shall pay for the cost of any documentary, revenue, or other stamps to be affixed to the Grant of Easement in Favor of CITY. (K) If Escrow bolder is unable to comply with the escrow instructions contained 1n this agremmt an or before the then scheduled closing thereof as herelnbefore provided, it shall do so as soon thereafter a5 tt is able to do so unless it shall have theretofore received a demand by either party to terminate the escrow, 1n which event Escrow holder shall return all monies, documents, or other things of value deposited into the escrow to the party depositing the ssee. s or ryx .Hr ~~......,~ r+~.n v„ nut UG11 (A) If, without fault on the part of Escrow holder, the escrow is involved in any controversy or 1l Ligation, the parties hereto shall ,l alntly and severally hold Escrw+ holder free and harneless frw and against any and all loss, cost, liability, or expense, including reasonable attorneys' fees and costs, to which Escrow holder mqy be put or which 1t may Incur by reason of or to connection with such controversy or lltigatton. (B) If conf11ct1ng demands are made upon Escrow holder with respect to the escrow and not at variance with the Lenes and conditions hereof, the parties hereto expressly agree that Escrow holder shall have t!e absolute right, at it; 2leciion, to ao either or both of the following; (1) wlthhoid and stop all proceedings 1n the perforwance of this escrow and await a settlement of the controversy by final appropriate legal proceedings or otherwise as 1L may require, or (2) file a suit 1n declaratory teller" or lnteroleader and obtain an order free the rnurt requiring the parties to interplead and litigate 1n such court their several claims and rights amongst f themselves. Upon the filing of any such declaratory relief or interpleader suit, Escrow holder shall, at its option, thereupon be fully released and discharged from any and all obligations to further perform the duties or obligations Imposed upon 1t by this Agreement. 6. NARRANTIES AND REPRESENIATIDNS DF (itANTOR Grantor hereby warrants and represents to CITY each of the following, which warranties and representations shall survive the close of escrow and delivery of the Grant of Easement Conveying the Easement right: (A) Grantor wns the property and has full power and authority to transfer the same and to enter into and fully perform and comply with this Agreement. (B) The execution of this Agreement and performance of each of the covenants and agreenents of Grantor hereunder do not and will not violate any other agreement to which Grantor 1s a party. (C) To the knowledge of Grantor, after due inquiry, there are no actions, suits, or proceedings pending agai~t the property or any portion thereof to any court or before any federal, state, county, or municipal department, commission, board, bureau, or agency or other governmental instrumentality, nor are there any such actions, suits, or proceedings pending which could or would affect Grantor's ability to perform Its obligations under this Agreement. ;~; LALlp4 as disc~OSed 1n the Pretiminary Title Report, or as may be approved by CITY 1n writing, as of the close of escrow, there are not and will rrot be any contracts, agreements, or other understandings, written or oral, with respect to the ownership, maintenance, or operation of the Street Easement, which will be binding upon or in any way affect, impair or diminish any of the CITY't rights, an6 interest 1n, to, and under 4he Street Easement or any appurtenances or facilities thereof. 7. SPECIAL AtliEEMENTS (A) Except for the specific representations and warranties of Grantor set forth In this Agreement. Grantor does not a~ake any express or implied representation or warranty to CITY as to tM dimensions, condition, or any other aspect of the Street Easement, and CITY 1s purchasing the Street Easement to an "as ts" condition, CITY having personally inspected the Property. (B) Grantor shall permit CITY and CITY's duly authorlud representatives and agents to further inspeet end investigate the Streat •~ a~ Easement and to make surveys thereof, provided that any entry upon the said Easement by CITY and C1TY's representatives and agent shall have been approved in advance by Grantor, such approval rrot to be unreasonably withheld. CITY agrees to Indemnify and hold Grantor harmless fran all costs, expenses, fees, or charges of any kind or nature arising out of or in connection with such entry upon the sold Easement. (C) ONNER agrees to grant to CITY, Its elected officials, officers, agents, employees and contractors such rights of entry and/or temporary eonstruction easements as are deemed necessary by CITY's City Engineer to cause the completion of the Street Proiect. 8. NOTICES All written notices and demands of any kind which either party may be required or may desire to serve on the other in connection with this Agreement may be served (as an alternative to personal servire) by registered or certified mail. Any such notice or demand so served by registered or certified mail shall be deposited in the United States mall with postage thereon fully prepaid and addressed to the party so to De served and delivered to Lhe party, if not by personal service, as follows: To Grantor at: General Dynamics Corporation C. Robert Stoker, Yice President 8 Treasurer Pierre Larl eAo rontor St. Louis, Missouri 63105 To CITY at: City of Rancho Cucamonga c/o Mtke 011v1er 10500 Civ1c Center Drive Rencho Cucamonga, California 91730 Copy to: Bill Curley, Esq. P.O. Box 1059 Brea, California 92622-1059 Not1ce shall be deerld given when so deposited In the United States mail or when personally served, and shall ba deemed received Mien actually received. Either party hereto may from time to t1me, Dy notice in writing served upon the other as aforesaid, designate a dllferent person or ma111ng address to which all such notices or demands are thereafter to be addressed. 9. BROKERS Grantor and C[TY hereby severally warrant and represent to the other that they have not dealt with any person, f1Jrw, or corporetlon which would De # ~ I entitled to a broker's commission, finder's fee, or other like payment in connection with the transactions contemplated by this agreement or the consusation thereof as herein provided. In the event such warrenty or representation of Grantor or CITY shall prove to be inaccurate, the misrepresenting party agrees to indemnify the other and hold the other harmless from and against any and all loss, costs, liability, and expense, including without limitation reasonable attorneys' fees, which such other party may incur in connection therewith. 1D. HEADINGS The *.ities and headings of the various paragraphs hereof are intended solely for convenience of reference and are not intended for any purpose whatsoever to explain, modify, or place any construction upon any of the provisions of this Agreement. 11. TIME DI' THE ESSENCE All times and dates set forth herein are hereby agreed to be of the essence. 12. SUCCESSGRS AND ASSIGt15 The tenes and provisions hereof shall be binding upon and inure to the benefit of the•successor5 and assigns oP the parties Hereto. 13. ENTIRE AGQEEMENT T!:!c Ayra~ai, including any exh161ts referred to herein, constitutes the entlrc agreement between the parties hereto with respect to the subJect matter hereof and may not be modified, amended, or otherwise changed 1n any manner except by a writing executed by Grantor and CITY. 14. GDVERNING LAN This Agreement shall be governed by and construed in accordance with the laws of tM State of Cattfarnla. 15. LITIGATIpI EI(QENSES In the event of any litigation between the parties hereto to enforce any provision of thix Agr•x^t or any right or any party hereto, the unsuccessful party to such 11t1gatton agrees to psy to the successful party all costs and expenses, including reasonable attorneys' fees and costs, incurred therein. Moreover, 1f any party hereto without fault 1s made a party to any 11Ngation instituted by or against the othM party arising from this Agreement or related to the Street Easeeent, such other party shall indemnify ~a.s the party against and save it harmless fran all costs and expenses, including reasonable attorneys' fees and costs, incurred by it in connection therewith. I6. SEVERANCE CLAUSE In the evens any one or more of the provisions contained to this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceab111ty shall not affect any other provisions of this Agreement, but this Agreement shall be construed as 1f such invalid, illegal, or unenforceable provision had never been set forth hereto, and the Remainder of the Agreement shall be enforceable to the fullest extent permitted by law. 17. SURVIVAL The covenants, representations, and warranties contained in this Agreement shall survive the close of escrow and the delivery of the 6rent of Easement to the CITY. 18. ADDITIONAL PROVISION (A) CITY shall indemnify Grantor and hold Grantor harmless from any and all dmaages, claims, actions, ar causes of action arising out of or connected with construction of the Street Improvements within or thru the Street Easement by CITY or CITY's contractors, employees or agents. (B) The Grant of Easement by which Grantor cronveys the Street Easement to CITY shalt glen rnnunv *,, rrrv _,_~. _~ ~- -_.. _ .,y... ,,, uiyieaa and egress on and across the remainder parttl to CITY and its contractors, agents and employees necessary to the construction of street facilities on the Street Easement, said right of ingress and egress to expire upon completion of said street facilities. (C) Normal Drainage, Development, or other fees which would occur upon development of tM remainder parcel, rsatn the responsibility of the Grantor. No 11a>ttation 1s to be implied or made to the CITY's rights or pawen to raise or establish assessments for benefit assessment proceedings within the Rancho Cucamonga Communltiy. (D1 AP_.PPS~ 1~ the Grantor properly frw MiiiiKen Avenue and/ or 7th Street, as provided by the Municipal Code, 1s in no way restricted by this Agreement, and a minimue of one point of access to the Grantor property subJect to a normal but ,ludtclous review and approval by the City, it's Planning, Engineering and Building and Safety Divisions 1s hereby guaranteed. (E) A11 areas of the Grantor property disturbed by the proposed +-d~o Street taryrovements lnttailations shall be cleared of construction debris, regraded and othenrlse restored to a condition as good as or better than that which existed prior to the start of such construction. IN MITNESS NHEREQF, the undersigned have executed this Agreeaa!~ as of the date first above written. GRANTDR CITY CITY OF RANCHO CUCAIONGII By: BY: o r er n u se V1ce President 8 Treasurer Deputy City Engineer General Dynaalics Corporation Date: Date: By: e y orney, City of Rancho Cucasonga Date• •r a~ ONZTED TITLE COMPANY 412 WEST NOSPITALITY LANE SAN HERNARDINO, CALIFORNIA, 92408 (714) 370-3500 .CITY OF RANCHO CUCAMONGA YOUR REF: GENERAL DYNAMICS .9320 P~ASELINE ROAD OUR NO. 312511-62 .RANCHO CUCAMONGA, CALIFORNIA ~ ATTENTION: RICA CNAN/ENGINEERING L~c.V'/G~r ~ n DATED AS OF MARCH 12, 1990 AT 7:30 A.M. IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, ONITED TITLE COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOP, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING TAE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOS8 WAICH NAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION IN SCHEDULE B OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS. TH.E PRINTED EXCEPTIONS AND EXCLUSIONS FROM THB COVERAGE OF SAZD POLICY OR POLICIES ARE SET FORTH IN THE ATTACHED LIST. COPIES OF TH3i POLICY FORMS SHOULD BE NCAU. TNET AE6 AVN1LpO4L !'Iwiln 'i'tiG OFf'ICE NHICH ISSUED THIS REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THB ISSUANCH OF A POLICY OF TITLE INSURANCE AND NO LIAHZLITY IS ASSUMED HEREBY. IF IT IS DESIREA THAT LIABILITY BS ASSUMED PRIOR TO THE ISSUANCE OF A POL.[CY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REOIfESTED. THE FORM OP POLICY OP TITLE INSURANCE CONTEMPLATED BY THIS REPORT ISa 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLII:Y. ~,'~~ UN D TIT TITLB OFFICERt RBBECCA MIZE 312511-62 -1- a~ ORDER NO. 312511-62 SCHSDOLE A 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVSR® BY THIS REPORT ISt A FEE 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE BBREDP IS VESTED INz GENERAL DYNAMICS CORPORATION, A DELAWARE CORPORATION 3. THE LAND REFERRED TO IN THIB REPORT I8 SITOATED IN THB STAT$ OF CALIPO~RMIA• COONTY OF SAN BERNARDINO AtR) IS DESCRIBED: THAT PORTION OP THE NORTHEAST OMB-OOARTER OF SBCTION 13, TOWNSHIP 1 SOUTH. RANGE 7 NEST, SAN SERNARDINO MERIDIA.~1, IN THB~ COUNTY OF SAN HERNARDINO, STATE OF CALIFORNIAN ACCORDING TO TH8 OFPICIAL PLAT THEREOF. DESCRIBED AS POLLOWSt BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION 13, 1355.11 FEET SOUTH OF THS NORTHEA82 CORNER THER$OP7 THENCE WEST 1318.75 PEST TO A POMP 1353.78 FEET BOOTH OF TH8 NORTH LINE OF SAZD SECTZONt THENCE SOUTH PARALLEL WITH TBE EAST LSNE OP SAID SECTION 1304.59 FEET TO THE SOUTH LINE OP SAID NORTHEAST ONE-QUARTER THENCE EAST 1318.75 PEST TO A POINT Ip EAST LINE OP RAID SECTION, 3660 FEET f.OUTH OP THE NORTHEAST CORNER TA771PYZV. THENCE NORTH ON SAID EAST LINE 1304.59 FEET TO THE POINT OF BEGINNING. PROPERTY HEREIN DESCRIBED IS AL80 SHONN ON MAP OP CUCAMONGA LAND, PER MAP RECORDED IN BOOS 4 OP MAPS. PAGE 9, IN THE OPPICE OP TEB COUNTY RECORDER OP BAID COON1'Y. 313511-63 -3- ~9 ORDER NO. 312511-62 SCHEDULE B AT THE DATE HEREOP EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM DESIGNATED ON THE FACE PAGE OF THIS REPORT WOULD HE AS FOLLOWS: 1. PROPERTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXESr TO HE LEVIED FOR TAE FISCAL YEAR 1990 - 1991 WHICH ARE A LIEN NOT YET PAYABLE. 2. SECOND INSTALLMENT GENERAL AND SPECIAL COGNTY AND/OR CITY TAXES FOR FISCAL YEAR 1969-1990, IN THE AMOUNT OF $29,891.09 H.O. EXEMPTION NONE CODE NO. 015015 R~iC6110. ~p-~?t+Y1 FOR PRORATION PURPOSES ONLY: FIRST INSTALLMENT HAS BEEN PAID IN THE AMOUNT OF $29,891.13 3. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OP THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 4. ASSESSMENTS AND BONDS IF ANY, TO FOLLOW. 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL '1'HGNL'1V A, NEBEHVEU 1N A DOCUMENT. PURPOSE: DRIVEWAY AND WALX OVER RECORDED: AUGUST 19, 1919 BOOR 658 PACE 252, OF DEEDS AFFECTS: WESTERLY 30 FEET AND THE EASTERLY 20 FEET 312511-62 -3- 2 ^ 6 7. RIGHTS OF THE PUBLIC, COUNTY AND/OA CITY IN THAT PORTION LYING WITHIN THE STREET AS IT NOW EXISTS: STREET NAME: MILLIKEN AVENUE AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: GENERAL TELEPHONE COMPANY OF CALIFORNIA, A CORPORATION PrJRPOSE: PUBLIC rJTIGITIES RECORDED: JANUARY 15, 1988 INSTRUMENT/FILE NO. 88-013971, OF OFFICIAL RECORDS AFFECTS: THE WESTERLY 10.00 FEET OF THE EASTERLY 130.00 FEET OF THE NORTHERLY 35.00 FEET 8 AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCDMENT GRANTED TO: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITY RECORDED: OCTOBER 4, 1988 INSTRUMENT/FILE NO. 88-333fi 30, OF OFFICIAL RECORDS AFFECTS: DESCRIBED AS FOLLOWS: A STRIP OF LAND 40.00 PEET IN WIDTR LYING WITHIN LOTS 8 i 9, TAE SOUTHERLY LINE OF SAID 40.00 FOOT WIDE STRIP BEING MORE PARTICULARLY DESCRTBED AS FO[.i.OWS: BEGINNING A THE CENTER LINE INTERSECTION OF MILLIKEN AVENUE AND SEVENTH STREET AS PER PARCEL MAP NO. 7555, AS RECORDED IN BOOK 77 OF PARCEL MAPS, PAGE 42, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE WESTERLY AND PARALLEL WITA THE SOUTHERLY LZNE OF SAID LOT 8, NORTH 89° 50' S3" WEST (RECORD NORTH 89. 40' WEST PER SAID MAP OP CUCAMONGA LANDS) A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY NORTH 89. 50' S3" WEST TO A POINT OF TERMINUS IN TILE N63TERLY LINE OF SAID LOTS B i 9 OF SECTION 13. THE NORTHERLY LINE OF SAID 40.00-FOOT STRIP OF LAND TO BE SBORTENED OR LENGTHENED AS NECESSARY TO END EASTERLY IN A LINE THAT IS PAAALL£L WITR AND 30.00 FEET WESTE.LY OF TBE EASTERLY LINE OP SAID SECTION 13, AND WESTERLY IN SAiD WESTERLY LINE OF LOTS 8 i 9 OF SECTION 13. 312511-62 -4- 3~ AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHT3 INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: CITY OF RANCHO CUCAMONGA, A MUNICIPAL CORPOMTION PURPOSE: ROADWAY AND POBLIC OTILITY PURPOSES RECORDED: OCTOBER 1, 1988 INSTRONENT/PILE NO. 88-333631, OP OFFICIAL RECORDS AFFECTS: DESCRIBED AS POLLONS: ALL TEAT PORTION OP LtYIB 1, 8 AND 9 OP SECTION 13, TONNSHIP 1 SOOTHr RANGE 7 WBSTr DSSCAI86D AS POLLONB: BEGINNING AT THH CSNTHR LZNS INTBRSSCTION OP NILLIRSN AVSNUB AND SEVENT9 STREET AS PSR PARCSI. NAP N0. 7555, AS RECORDED IN BOOR 77 OP PARCEL NAPS, PAGE 12r IN TH6 OFFICE OP THE COONTY RECORDER OF SAID COONTYJ THENCE NESTERLY AND PARALLEL KITH THS SOOTHSRLY LING OF SAID 8r NORTH 89. 50' S3" NEST (RECORD NORTH 89• /0' IPBST PBit SAID MAP OP CDCANONGA LANDB) A DISTANCE OF 60.00 PBET TO TH8 TR06 POINT OP BEGINNING, SAID POINT BEING ON A LINE THAT 29 PARALLEL NITH AND 60.00 PBET WESTERLY OF THS 6l18TSRLY LIMB OP RAID SECTIOW 137 THENCE' NORTBSRI,Y ALONG SAID PARALLEL L2N6 NORTH 00• .LI' 35• NEBT A DISTANCE O! IS2.38 PEST TO THE BEGINNING OP A TANGENT 2x060.00-FOOT RADIOS CORV6 CONC11V6 EASTERLY) SPHENCE NOR'P®ILY ALONG TH6 ARC OP SAID C[rRVS THROOGH A CENPRAL ANGLE OF 09• 17' 28^ A DISTANCE OP 352.03 ILET TO A POINT OP COBP NZTH A LINE THAT IS PARALLEL NSTH AND 30.00 PEST NP$TERLY OP THE EASTERLY LSNE OP RAID _BECTIOH_13r A RADIAL OP SAID irvw.vv _ _ ~C• ~~, ear" „a.^ ...r~ SAID POINT! THENCEvS00THERLY AIAN6 SAID PARALLEL LINE SOUTH 00. 1/' 35" BAST A DISTANCE OP 802.89 FEET) TB37CE NORTH 89• 50' S3" NEST A D28TANCE OI 30.00 PEST TO TH6 'FADE POINT OP BEGINNING. 312511-SZ ~~ -S- 10. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND NIGHTS INCIDENTAL THENETO AS SET FORTH IN A DOCUMENT GRANTED TO: _ SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION PURPOSE: PUBLIC UTILITIES RECORDED: JUNE 5. 1989 INSTRUMENT/FILE NO. 99-202499, OF OFFICIAL RECORDS AFFECTS: DESCRIBEC A8 FOLLOWS: TWO STRIP OF LAND, EACH 10 PEST IN WIDTH, WITHIN LOTS 1, S, AND 9 OF CUCAMONGA FRUIT LANDS. AS PER MAP RECORDED IN BOOK 4, PAGE 9 OF MAPS, RECORDS OF SAID COONTY; THE CENTERLINES OF SAID STRIPS BEING DESCRIBED AS FOLLOWS: STRIP NO. 1: BEGINNING AT A POINT ON THE WESTERLY LINE OF MILLIKEN AVENGE, 60.00 PEST IN WIDTH, DISTANT' SOUTHERLY THBREON 27.00 FEET FROM THE CENTERLINE OF 7TH STREET, PROJECTBDi THENCE BOOTH B9° 45' 25" WEST, 40.00 FEET; THENCB NORTH 00. 14' 35" WEST, 1225.91 FEETS THENCE NORTH 89. 16' 11" WEST, 125.66 PEST; THENCB' SOUTH 57. 51' 23" WEST, 68.00 FEET TO POINT "A" OP THIS DESCRIPTION. STRIP NO. 2: COMMENCING AT SAID POZNT "A"i THSNCB SOUTH B9. 45' 25" WEST, 5.00 FEET TO TFIE TRUE POINT OF BBGZNNING OP THIS DESCRIPTIONS ........... w..... v.. .. .. .-. Tr ~..... ....... 312511-62 33 -6- N O T E S AND R E Q U I R E M ENT S NOTE NO. 1: THE CHARGE FOR A POLICY OF TZTLE INSURANCE, WHEN ISSUED THROUGH THIS TITLE ORDER, WILL BE BASED ON THE BASIC (NOT SHORT-TEAR) TITLE INSURANCE RAPE. NOTE NO. 2: IF THIS COMPANY IS REQUESTED TO DISBURSE FUNDS IN CONNECTION WITH THIS TRANSACTIONr CP.APTER 54@r STATUTES OF 19@9 MANDATES HOLD PERIODS FOR CHECKS DEPOSITED TO ESCRON OR SUH-ESCROW ACCOUNTS. THE MANDATORY HOLD PERIOD FOR CASHIER'S CHECKS, CERTIFIED CHECKS AND TELLER'S CHECKS IS ONE BUSINESS DAY AFTER THE DAY DEPOSITED. OTHER CHECKS NEQUIRE A HOLD PERIOD FROM THREE TO SEVEN BUSINESS DAYS AFTER THE DAY DEPOSITED. IF FUNDS ARE TO BE DEPOSITED WITH UNITED TITLE COMPANY BY WIRE TRANSFER, TREY SHOULD BE WIRED TO THE FOLLOWING BANK/ACCOUNT: FIRST LOS ANGELES BANK 1950 AVENUE OF THE THE STARB LOS ANGELES, CALIFORNIA 90067 •ACCOUNT NO: 671 130499 INLAND EMPIRE ABA NO.: 1222 33263 312511-62 - ~ ~ -7- p ~soN a m ~ y - A a s y ~ C m N N a y iov~ ~~oo osxA vl~ Ay Novo ~aaz nc~m _ H h 2 Gl C matey K ~ ~ ~ A O N yD ~_ Z ~ O ~ Q A amp ~~~~ s~~~ ~~~ =3a~t ~'o ~8~ g~ ~b ,i3. ;t~, ~~1 U w~n~ s i~ p~~E r~ W ~~ w a m .~;-_ ~g-. ® ' ~~r~ a- N V '~'iWYIi~Y p PRELIMllYARY REPORT (IJST OE PRINTED EXCEPTIONS AND EXCLUSIONS CALIFORNIA LAND TIfLE ASSOCIATION STANDARD COVERAGE POLICY -1988 EXCLUSIONS FROM COVERAGE The followin6 matters artexpreuly excluded fMm the coveregeofthis polkY and de Company will rest pay ktsx«damage, coos, utonpys' (en«expenses which aria by realm oC 1. (a) AnY law,«dinaae«govemmenW regulnim lindMing Wt 7. trot limited to bulking aM zoning lava, ortlinuxea,«rtgule- (al Dons) rtsbiding, rtguluing, prohibitin8 «rtWinB to (il the occupancy, ux, «mjoynleM of da: land; Iii) da; chancier, dimensions «I«etian MmY impmvemed now «Aereafter (b) crated on the land; (iii) a upantipn N ownership a a chmge in the dimemi«d «am of the Wrdaany patcelMwhkh the ' land is «was a part; «(iv) mvironmentd pmttttim, a the eflat oferry violation of (hex laws. «diruats a gosemmen- dl rtguluirnu, excep b me exaM dW a red:: of We enforcement 1Maof or • ndice of • delttt lien « (<) ernumharna rtsultin6 fmm a violation a dkgM vitiation ld) a(fatinH the IoM hu ban m'aded in the publk ne«ds u (e) Due of Policy. (b) Arty gwemmenW ptiice pow.: riot excluded by (a) ebox. <xccpt to die extsm ties a nd'ne of the exrtix mertof « a 4. notke of a defect Ikn « acumharce reurltina from a vblasim a alkged violation a((eetine the Wb has hen mcorded in tle publk tomtit n Dak of Polky. .. ntgnd Memtnem woman unless noMt of de exrciu threof hat ban raddW in the public raords u Doe M Polity. DM s. red ealudine !mm coverage an7' taking which has oecumd prim to Due M Policy whkA would h biMingon the righd M • purchaxr fa value widest knwlrkge. Dead, Ikns. encumbrances, adverse claims «aher matters: whether «nd rtcotr-kd in We public tuotds at Date of Policy, but caatM, wffend, atwmed « aBteM m by th insured daimmC mt klmwn to the Company, red ra«ded in the public mc«ds et Dak o! Polky. Dot krlmvn ro the iln«ed claimua aM not diubaed in writing ro the Computy by the inwrtd claimmt pram to the due the irdund chimans becarru an innuM uMa this ptiky; rewiring in ra Ion a damtge b the imurtd cWman; attuhin6 «craed wbaegrrmt ro Date M Polity; a rewltinB in loss or damege whkh wmk red base 6ten sustained if the imurtd clamant had pk slue fa tlu itnroed mortgage «the Ware « inrnat insured by this pMicy. Unen(omeahhry ofthe Ircn Mme tnsMCd mortgage becauu of the inability a failure of dm imurM at Due of PtikY• « me inability « fiilurt of my wbsequent owner of the indebtN- ness, lo<«nply wim applkebkdoing bwiness IawsMtheuax to wnrrn Ue IoM is nNNM. Invalidity a unenf«ceebility of the lien of me insured mongege, «claim therm(, whkh arises mt of the trenstttion evidenced by the insured mrmgaga aM is based upm usury « any conwmc credit pmtmtim «trum-in-knding law. EXCLUSIONS FROM COVERAGE This policy does not insua against loss or damage pM the Cwnpmy will red pry costs, atlorruyi lees « expenses) which aria by reamn oL I. Taxes«asussmenls whichart nM Shaum as existing liens 6y the J, Eaumend. liens oreuumbrances, orclaims thereof, which as records ofany axing wmority mat levbra uxeaaaaussmennon rid shown by me public rttords. real property or Dy the publk raords. ~. Dixrtpelnies, conflicts in bourkary lixs, shortage in axa, Proceedings by a publk agency which may result in axes « enenuhmend, a any other fuss which • cornet survey would uussmend, or troika of web proceeding, whMher a not dixlpx, aM which art rest shown by the public records. shown by da xcorda of soh agency a by We public rttords. S, pl Unpa<nud mining claims; (b) nservatians «exceptions in ' Any fad. rights, inkrean «daima which ere not shown by the patents or in Acts authorizing the issuance therm(; (c) water puDli<acoMs but whichcould 6e auemined bym inspection o! rieMs. deims « lido m watt whethtr et nM the ms!mrs ,Ae IyM ~• w.AieA ... ~.. 1. ^..~ .... a-„a .ad by parwr,: In faiiacaaiun meow(. excepted unar Ul, lbl or Icl art anown Dy the publrc ecords. AMERICAN LAND TITLE iSOC1AT10N RFSIDENi1AL TITLE DVSURANCE POLICY 16-4871 EXCLUSIONS In adislon It the eaceptimn in SclwAuk B, you art m inwred agYnr bss, mis, nlorMY's fm ant expemea rcaullinp fwm: I. CiVYCmfnMll pdkC pOwte. ant IDs elltltMt Or VlVlalwn Of mY iW Vr pVVCmnItM rt`Ulnlnll. TDU IKllld<t DUlidlnp Uld Igling ordirurnv and ato uws Yd rttdrsan conccm~nt' • IoM ux ^M division . improvemems on the IvM envimnmeMd pmenxm Th'n almlon does m apply m:hc vblYitns or Mc enhrxcnwm of Mra manrn whxh appear in IM puMk raorda as PoIkY Dax. Thu cxclmron das m born Ih[ toning roverage dexnbd in hems R ant IJ of Cov<rd Tidc Risks. 3. The rlghi m uke the bM by contemning n. unless: a nwac o! ea<rnsing the ngM appcan in IM public records an the Policy Dne • she nkmg happtmd print w the PoInY Dal< ant a biNing on You if You boughs the ;:.M wilhous krowin{ of Rm ukinp Title ftnks~. • Ihnl zrc creald. zllowed. or agrcM to Dy ynu • 11m arc kwwn lu yw, bus Mn m u>, on .he Polcy Gas - arde: ;tei :pyca:cd .c. ;:~ l`ab;:c Rem ~s. • the rcsull in K loss to you • Ihzl Rrsl affm your,vllt afar she Policy Due -this does ms limit the labor ant mamrid lirn mvmgt in item 8'0! Covered TiR< Risks. d Fvlurc m pay value fnr ywrlille. 3. Lxk of a nghl: • to any IoM onside sht Ym specihcallY dexnDed ant rtkrred to in ikm 7 0( SchMUle A, or • in ssrens, alleys, or wperways shy lamb your IoM Tbs eaclusion does m limis she xcm coverate in item 3 of Covesd TRk Risks. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 16-I-871 WITH ALTA ENDORSFhIFM -FORM 1 COVERAGE rod AMERICAN LAND TITLE ASSOCIATION LE'.ASEHOLD LOAN POWCY (6.1.871 WITH ALTA ENDORSEI11EN7 • FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The fdbwiry rrnten art eapreWY aclW W fwm she cmerz{e of Jso poliY w she Comgny will m qY Iw m 0wu{e, crosa, tnerrcyi lMJ m CepMatl whkh YIN 6Y IHlerl Of' 1. fat Anv law.oNiluommamermund rcryWion linldiry bn mlimetl In buiMint wdtanin{hvn,oNiuaY,mrctulrwmlrerrkl- int, rtNlNin{, prnhlblliN m rtlalillt la (i) tlx actvplry. Uw, m moymenl V! Ue IMd; (ii) IIK charter, dinemwm m localron of any irnprov:mva nosy a hern8a erard on sbe lad: liiil • seprrior in ownrplip m a chYl{e in Ux Mrrrmiat m area o/ Me IoM m any pared o! which Rse IW u m wu a Pn; m (iv) emiromulgd prwewion, m the etm of wy vidritn of Moe laws, ordilszmo m BwernmeMal rcNUrbm• extep w she <atm shr a swim of Rte nrforcermM Ihertol m • mtm of • defssl, Ikn m encumbrantt radsiry from a vioWioe a dk{e0 rblrbn aRewsry the 1•,ad hu ben roYrded in Re pork remM M Drs of Pdky. (bl AnY Ioremmewal pwia power metsddd by U) about. eweq so Rr eaxw Rot a mice sN the <atrciu shermlm • mice of • defM. lien m esnvumm reaehYl{ tram • rlolron a pk{ed vidaeion attasmg Rr rod hu been traded in Rx IYldk rtcorda r Drs of Paliry. 7. Ri{Ma of emian sldrsaa ulsloa nolim dMe ewrcte shertof hn been rcrorded in Ih[ publk rccorda M Dpe of PoIkY• bw m exclMint !wm cmerga aq utkr{ whidl Iwamwred prbr w Date of Policy whkh would be bidiry m Un: d{hr w• potshots fa vdm wiMra kgowkdte. ` 7. Defect, IkM, eravmbrrsta, advent cldla a tiller rrWSen: W creYd. wlkree, anulyd m atrad w by she inwrcd ctimYM; (b) m kmwn to Rte Cmnryny, m rrmdd in Iht puHk rrada M DYC of PwkY. Ws krwwn to the imurc0 Aaimun ant m dixloxd in wrnint It she Corrpny by Rte imurad cWrwg prbr w Ux dre Rte Ytllre0 ctimrt bwame w iltuwd udtt Mt pdxy; (c) rewlsiry in ro loo m dwu{e w Rte imurd cldman; Id) puchiry mcreatd wbsequen ro Dre of Polky legceq so she asew shp this pdky imam the priority o(Ihe lkn of theimurd non{a{e over wy surwory lien fw urvko, labor m nlaserkl m w she eassn kwraru t aRordd bruin u to narununes for Yrep improvemems order mmruwion m cmlplYd p Drs of Poky) : m let rrwirint in ion a dwnF which wwid m ivrt ban war'rm if rlc imurd ciur,rw irad P^l •F,rt foe Rs irwr2:. TM:{qa 1. UMnf0nN6iIilY Of 16t IIM Of the imVftd 1r1nr1{a{t bleWx OI IIK iMbililY m Itilnrt Of Ih[ IMYrld Y DMe Of Pwl[y, m the iNEllily m fdlun of wY IYbe(QmM awlrr of the hldebredlpae, wtalgy wiM applkabk dwry buailm bwa wMe apt m whkh the hnd is aimrd. 3. Invdidiry m unmfortabilirY of Ue Ifm of the imund srrm{a{e, a claim lhereol, whkh anso ous o/ Rr snnsacaian evidemtd by she inured nYrs{a{e and is bard upm awry a qY cmwrar crdd prrtnkn m kwh w k:ndN{ law. d, Any rYwory Ikn /w urvicea, labor a matmids la Rte Beim m priority a( arty ppntory Ikn fm xrvka. labor or mperids over the Ikn of she imurd rlwrpte 1 adairy tram w impwYCmarg a wwk rclatd w the lad whkh is <mrYSd fm ant commend mbsegmM 10 DNe O( fbINY ad la m blWed In wllwe m NI ptn 6Y pfnnda of Me idebldMU NCIIRd 6Y 11N INVUd r11nrIP{t whxA M DMt of PdwY the inured M dvmad a is aNitrd w dvwm. 37 The above poky farms mry be issued to aRord either Standard Covrnge or Eztended C<venge. In addition to the above Exdusioro fran Coverage, she ExcepOou from Coverage in a Standud Coverage policy will alu Include the follawing General Eztptbm: EXCEPFIONS FROM COVERAGE This policy does not insure against loss or damage (aM the Company will na pay costs, moneys' lees or expensed which aria by reaun of I. Taxesonsussmenss which are rKK drown as existing liens by she reeoms of any Uxing authority Net levies taxes or asussmenls an rut properly m by Hrc Wdic records. Proceedings by a publk agency which may vault in uses or azsessmenss, ar radices of such proceedings, wheNer or nd shown by 1M raords of such sgency ar by she public records. ]. Any fads, rights, interests or claims which ere nd shown by 'tic public records bus which could be axeruined by en impection of the IoM or by making enquiry of persons in possession Hereof. 3. Fiumenu. Ikns or emumbrarlces, ar claims thereof, which are rat shown by she public records. /. Dixr<pancies, congids in bourMary lines, shomge in arv, errcroachmenss, or any oUer lads which a correct survey would dixlou, aM which art nd shown by dw public r«ords. 5. (a) UnWkmrd mining claims; (b) rexrvaions or excepiom in pakn¢ or in Acts authoring the issuance Hereof; (Q wakr rights. claims ar title ha water, whedur or vas the masers <nttded under (a), (b), or (c) arc shown by she public records. ADIERICAN LANU TI'('LE ASSOCIATION OWNER'S POLICY (tit-ST) and Ah(ERICAN LAND T11'I.E ASSOCIATION LEASEHOi.D OW'NER'S POLICY (b1.87) EXCLUSIONS FROM COVERAGE Tne following matters are expressly exdMrd from the coverage of His policy and the Company will rat pay loss or damage, costs, attorncyi feu or expenses which aria by reason oC L (a) Any law, ordinance or govemmenlal regulaion (irrcluding bus vas limited to building aM coning laws, ordimnces, or regulations) rcnrkt- ing, regulaing, prohibiting ar reining to (i! He occuparrcy. ux, or <njoymem of she hM: sii) she character, dimensions or I«atbn of any improvement now or hereafter erected on the IoM: liiil a uparmion in ownership or r change in she dimensions or arty of she IoM or any parcel of which the IeM is or was a pan; or (iv) environmentil prd«tion. or the ef(at of any vioation o(dxse laws, ordinances or govemmenlal rcgulnions, excep to the utent shat a notice of she enforcemem [hereof or a trotice of a dekd, lien or exumbrassce resulting from a violation or alleged violasbn affecting the IoM haz been recorded in she public recoNs at Doe of Pdky. (b) Any governmental police power vas eadMed by pl above, <aeep to Ih<exlens thus • make of the exerciu therMf or a notce of a detect, Ike or encumDnnce resulting (mm a violation m aleged violation affecting the IoM has bxn recorded in He public records e1 Doe of Policy. 2. Rights of emrtlem domem unless entice o(~he encrciu IMrmf hat been reovd<d in the public records at Date of Pa1L^y. but net excluding lrom coverage any taking which has occurred prim a Dne a(Policy which would be binding on the rights of a purchaser for value wishom krrowlcdge. 1 fMdrcrs liras encumbrances. adverse claims or Mher masers', (al creased, suffertd, assumed or agrxd to by the insured daimam: (h) rat krrown to the Company, rat recorded in the public records al Dale of Polity, ben known to the insured claimant aM ial dixlosed in writing m the Company by the insurM daimam prior to she date the insurM claimant became an insured wafer this policy; (c) resulting in is loss or damage to the insured daimons; (d) attaching or creaed subsequ<m to Dale of Policy; or (e) «sultlng in loss or damage which would rat have been sustained i(she insured dalrtum had paid value (or the estate ar inmre st insured by this policy. The above pdky formr may M Issued so aRord eisher Standard Coverage or Extended Coverage. In addisbn so the above Exduskm from Coverage, the Exceplbns fran Coverage In • Ssantlvd Carerage pdky will also irxlude the fdbwing Cs<nenl Eattplbm: EXCEPTIONS FROM COVERAGE This policy does ram insure against loss or damage laM the Company will std pay tutu, attorneys' fees or espenud which aria by reason oC i. Taxes or assessmenu which arc not shown as existing liens by lh<records of+nytaning authority shat levies sales oruussmems on real progeny or 6y the public records. Proceedmgs by a public agency which may result in lases ar asussmen[s, m nalces of such procezdings. whetMr or nos slwwn Dy the recoNs of mcb a¢encr nr by He tabiic retards. 2. Any taco, rigors. rolercsls or claims which are mN shown by 1M public records bus which could M axenairsd by an inspection of the IoM or Dy making irpuiry <f pcrsons in posxuion thereof. ), Eaumen[s, liens nr ewumhrances, ar claims Ihereof, which arc nd shown by the public reords. 4. Diurepancies, conllmu m boundary lines, shortage m vo, eraroachm<n[s, m any oHler facts which aaorrcd survey would dixlox, aM which arc na shown by the publk recods. S. p) linpatenlM mining calms; (b) reurvations ar eaceptiom in patents or in Atu authorising dte issuance Hereof; (<) wn<r rights, claims or sick ro was<r, whether or rat she maven exnpsed under lab (b), or (c) arc shown by the public records. ... _.__ .~ -`M llII REN 0.VEMlE VNOERPASS Rewnopo uouanao ar ' CITY of Rgcho CLcamollE. rmu nawMne Nan to • ~ CNY of Rgcho Cucanwnp .. P.O. Boa W7 - Rancho [uclmonp, CA 91710 uBCl alova ilM YMa ID1111eCOnOfllf uY ~~ EASEMENT RPN 0209-172.01 FOR A VALUARLC CONSIDERATION, ratipt of which k hctebl MEMwkd9ed, _ -_ „ Eayaar roo Pnean nu GRANTS) to the CITY of Rancho CuramOn{a, a MuviciDal CerporalioR, an FA9EMENT !ar ST0.EEi aN0 REL0.TE0 PURPOSES in. over and upon That certain rail propptY in Ne CRY of Ravcho CuramonlL CnglY o(9q Berwtdhw, Sum of Cilifoltia, Deuribad M FVllowai SEE ATTACHED EANIhIT "~" .i Doled _ OBNEIML AONNOWL[DOMRNT 91Na O1 1 u Coun1Y O1 E. Ropert EtoMr Vlce PrM ldant and Trumrer Dn IMaIM_dq of 59.~MIplma, ..._ _..__ _ ~nyJ NOIw R,Mk..Oalaerialllappa>N O enaonNly anown le me O prorad to maen lnapaalaN lNklaelerrarMalloa Ie MIM pNaoMalwMaa nanwlal aWacrlMdtelM .i , wNnM lnalrVmml,wM acammdbpN 1141 •~•"~N. wnNES9mrMN waonwwaw. Na19ry9ilpntlvlE SNla la A oapaaa4 RCaNONLEVeaMRN1, ILWB Vaa 10.01q RVRaVMLS9Va7ullYr 1.1. IM[NMIIal1, m.~.......n. 39 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3, 1990 T0: City Council and City Manager FROM: Shinty Bose, Deputy City Engineer BY: Halter C. Stlckney, Associate Civil Engineer w SUBJECT: Summary Vacation of a portion of a street easement Southerly of Pepperidge Lane east of Hellman Avenue. RECOMEMDATIDN: 1t is recommended that the City Council adopt the attached resolution approving the vacation of a portion of a street easement as excess right-of- way and authorizing the Mayor and City Clerk to record same. BACKGROUND/ANALYSIS The City has received a request from a property owner on Pepperidge Lane, located east of Hellman and south of 19th Street, to vacate as excess right- of-way the e~roachment of a block Walt. The sub,}ect street right-of-way 1s approxlmateiy 1.2 feet wide and 90 feet long and is located along the south right-of-wiq line of Pepperidge Lane (see attached exhibits "A" and "B".} The owner of the property has requested that said excess street right-of-wady now oe vacaua. Section 8334 of the Streets and Highways Code states that local agencies may summarily vacate (by resolution) a portion of a street easement as excess right-of-way which 1s no longer required for street or highway purposes. Respectfully submitted, 3~~ ~ SB:MCS:~h Attachment RESOLUTION N0. 90'.3~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, SUMMARILY ORDERING THE VACATION OF A PORTION OF A STREET EASEMENT NHEREAS, by Chapter 4, Article 1. Section 8334, of the Street and Highway Code, the City Council of the City of Rancho Cucamonga 15 authorized to summarily vacate a portion of street easement as excess right-of-way herein more particul ariy described; and NHFREAS, the Ctty Council found from all the evidence submitted that said street easement is no longer required for street or highway purposes. NOiI, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as foilows: SECTION 1: The Council hereby makes Its order vacating said street easement as shaven on Map Y-098 on file in the office of the City Clerk of the City of Rancho Cucasanya, which has been further described to a legal deu.^iptlon ahtch is attached hereto, nwrked Exhibit "A", and by reference made a part thereof. SECTION 2: That frog and after the date this rcsolutlon is recorde~sa "excess right-of-way ra longer constitutes a street easement. ~wTiuri 3: Tnac cite i.i ry acne snail cause a certified copy of tFis resoTutlon Lo be recorded 1n the office of the County Recorder of San Bernardino County, California. ~r cxHlerr ^A^ PEPPERIDCE LANE VACATION THAT PORTION OF: THE SOUTH 150.00 FEET OF THE NORTH 500.00 FFFT nF r.nT 2: Br nrK 12. CUCAMONGA HOMESTEAD ASSOCIATION LANGS. AS SHOWN BY MAP ON FIiE IN BOOK 6. PAGE 46, OF MAPS. RECORDS OF SAN BERNARD I,VO COUNTY CALIFORNIA, DESCRIBED AS FOLLOWSr COMMENCING AT THE SOUTHEAST CORNER OF TRACT 13813. AS RECORDED iN .MAP BOOK 229. PAGE; 39 AND 40, RECORDS OF SAID COUNTY, SAID CORNER BEING ON THE WEST LINE OF NELLMAN AVENUE. 66.00 FEET Wi DE; THENCE SOUTH 89° 39' OS" WEST, ALONG THE SOUTH LINE OF SAZD TRACT 13813, A DISTANCE OF 36.90 FEET: THENCE SO UTN 0° 20' S5^ EAST. DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 89° 39' OS" WEST. PARALLEL TO THE SOUTH LINE OF SAID TRACT 13813, A DISTANCE OF 90.00 FEET; THENCE NORTH 0° 20' S5" WEST, A DISTANCE OF 1.27 FEET; mucvnc vn omu on° ?n, nc^ c. _ ...... .. .,. ... ..~..,., ... ,...°~ .vvT, THENCE SOUTH 0° 10' S5" EAST. A DISTANCE OF 1.27 FEET TO THE TRUE POINT OF BEGINNING. ,1 ~ 003 Ar. 26S (JJ J%A ".VS E06EHE P. EHE v f M~ r ~~~~ z ~ ~~ ~x ~ ~ ~~ W• ~ ~ I 4~ ~ c __ _. ~ ~ 10.73 ~ 3G ~ f 2' x y x ~ x y ~ n t W i p Ul C b I '~ l+] I N ~ O cQ hY o m O O N p y r~bD h 1 II 11 II h ~. la .. Cb a~yW __ aN p ~ ~ ru W I V O ~ ~ ~ ~ o ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~' Q ~ z ~ ~ ~ o ~ 1 ~~ ~I 'M ~~ ~ ` J W O COI F~ o t ~ ~I b I aWi I ~I I~ W w O 0 v 1 J U y C HL'LLMAN A VL, N UE S~A~: ,~ = Eo~ CITY OF RANCHO CUCAMONGA ~xc~ara nn~ox N iTE1s:~'/C/N/TY MAP TTfLE; err. CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: October 3, 1990 City Counctl and City Manager Shintu Bose, Deputy City Engineer Millie Valbuena, Assistant Engineer r Release of a Real Property Improvemont Contract and Lien Rgreement for DR 86-43, on the northeast corner of Eighth Street and Baker Avenue, submitted by Eighth Street Industrial Park, a CalTfornta Limited Partnership RECOMMENDATION: It is recommended that the Council adopt the attached Resolution releasing the Real Property Improvement Contract and Lien Agreement and authorizing the Mayor to sign said release and the City Clerk to record same. BACKGROUND/ANALYSIS A Real Property Improvement Contract and Lien Agreement was approved by Counctl on April 20, 1988, arM recorded on Mey 12, 1988, es Document No. 88-149717 1n the office of the County Recorder, San Bernardirro County, California. The agreement was for an in-lieu tee to be paid to the City as contribution t0 the future undergrounding or Lne ex~sting overneaa uciiicies (telecaaanunication and electrical, except for 66 KY electrical) on the opposite side of Baker Avenue and the A.T. 8 S.F. Railroad right-of-waD~. The Developer has paid the sum of 511,663.00 for DR 86-43 (see attached Exhibit "A") for it's share cf contribution of 1n-lieu of future underyrounding the said overhead ut111ttes, thus eliminating the need for the Real Property Improvement Contract and Lien Agreement. Respectfully submitted, SB:NY:dlw Attachment ~~ RESOLUTION N0. ~p .3~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, RELEASING A REAL PROPERTY IMPPOYEMENT CONTRACT AND LIEN AGREEMENT FROM EIGHTH STREET INDUSTRIAL PARK, A CALIFORNIA LIMITED PARTNERSHIP WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 88-218 accepting a Reai Property I~provement Contract and Lien Agreement from Etghth Street Industrial Park, a California Limited Partnership; and NHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded in Official Records of San Bernardino County, Callfornla, on May 12, 1988, as Document No. 88-149717; and MHEREAS, said Real Property Contract and Lien Agreement is no longer required. NON, THEREFORE, BE IT RESOLVED that the City Council of the City oP Rancho Cucamonga does hereby release said Real Property hprovement Contract and Lien Agreement from DR 86-43 (See attached Exhibit "A") and that the City Clerk shall cause Release of Lten to be recorded 1n the office of the County Recorder of San Bernardino County, Callfornla. I~ EXHIBIT "A" LEG.','. DESCA??TICN: That portion oL Lot 31, Cucamonga Frit Lands, lying South of the Santa Fe Railroad Company, is Section 9, Township 1 South, Range 7 West, San Bernardino Sase and Meridian, is the County of San Bernardino, State of California, as per Plat reeozded is Hook 4 of Maps, Yage 9, Records of said Cauaty. Excepting the north 50 Leet interest as conveyed to Ban Bernardino and Santa Fn Railroad Company, (AAA Santa Fe Railroad) ra=erred to deed Recorded Suae 2, 1887, in Sook 57, Page 479, oL deeds. Also excepting theraLrom all mineral rights withoat the right of surface entry, as conveyed from Oaisy S. Baird, a widow and Genevinve B. We isa, a married woman, to Arthur 5. Warren, a married man as his ac la :nd aaparate property, reeosded April 3, 1970, in Hook 7418, pogo 102, oLLieial racorda. CITY OF RANCHO CUCAb10NGA ~GIIVEERIN(3 DM9ION My:,~ , N L~ ~`BN ~~Ol l~ '-'-- Yiciivf , n~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3, 1990 T0: City Council and City Manager FROM: Shlntu Bose, Deputy City Engineer BY: Linda Beek, Jr. Engineer SUBJECT: Award and autheri zatt on for executl on of contract for Nineteenth Street Improvement Project, located frog Archibald Avenue to Haven Avenue, for the amount of ;319,8S2.00 (5290,811.25 plus 10$ contingency), to be funded from Systems and S8140 Funds, Account No. 22-4637-8744 It 1s recomaended that the Ctty Council accept all Did proposals as received, award and authorize execution of contract for Nineteenth Street Improvement Project to the Lowest responsive bidder, Yance Corporation, for the amount of f290,8i1.25 and authorize the Administrative Services Dl rector to expend f319,892.00 (f290,811.25 plus lOf contingency) to be funded from Systems and 56140 Funds, Account No. 22-4637-8744 o srvnnnnun r~uu ve,r Per previous Council action, bids were solicited, received and opened on September 13, 1990, for the subject protect. Vance Corporation, is the attached bid summate ~si ThebEngineerts estimate was f351?210825.25 Staff has reviewed all bids received and found them t0 be complete and Tn accordance with the bid requirements. Staff has completed the required background investigation and finds all bidders to meet the requirements of the bid documents. Re''sp//ectf''ul lynn s~~ub~~mi tted, ~.~f++ /ion SB:LB:sd Attachment cc: Purchasing r 1 Z W 7 Q z W S < p ZyF O y Z V~< ._, ?_ ~ O < ~tU aO F~ L r=ig W U F h yry~ z HpS ~M1 z 6 C_` i (~ ~ UF' tZ Y ~ ~ a ~ °~' 88 oq8 ~Sv~i.$g~gr8,9ry 8Q y~oQr~yQpgo~p 4~p4Qp$S pryBpry $pp pgpQ~iv ~~^VOgtYi Pl~ln ntTi ('1SR~yoVNS~NM1~F K VVff ~ W W N H m^ P N N N N H ~~ N N H N H H H N N N $m=8mr~-, Gr`!~,'?paJg~~m8°Or, .$p CCp$~~CCpB, pgg ~~NN~NMH HY~~jHNNNHHNw~O'1 HNCO~m N N Y<l MO M N $8 $ $ $$ $$$88 8 8 $8$$$$ $$ $ $$r~ 6~g °~ q ~Q Q$ gg q a QQ $ ~ yy~{p 25,`Tl aB~om ~~~B~~Fi 9a',~3~`~i. 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In addition, it is recawaended that the City Councii adopt the attached agreement between the City and The Miiliam Lyon Company and authorize the Mayor and the City Clerk to sign same. BACKGROUND/ANALYSIS The Southern Pacific Transportation Company has Issued the attached indenture and agreement to the City of Rancho Cucmaonga ror the construction of a new grade crossing at Rochester Avenue northerly of Base Line Road. Construction of the above grade crossing was made a condition of approval of Tract 13281, located at the northwest corner of Base Line Road and Rochester Avenue. Mork is to be performed by Southern Paclftc Transportation Company> the expenses incurred being reimbursed from a deposit placed with the City by the developer. The N1111am Lyan Company, the Developer of the subject tract, has further submitted an agreement (attaehed for approval), to fulfill the construction requirements as stipulated 1n said agreement between the Southern Pacific Transportation Company and the City. Respectfully submitted, 3.~~ ~ SB;NV:diw Attachment .53 RESOLUTION N0. 9p-3~~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, APPROVING AN INDENTURE AND AN AGREEMENT BETNEEN THE SOUTHERN PACIFIC TRANSPORTATION COMPANY AND THE CITY AND A RELATED AGREEMENT BETNEEN THE NILLIAM LYON COMPANY AND THE CITY FOR CONSTRUCTION OF A GRADE CROSSING AT ROCHESTER AVENUE NORTH OF BASE LINE ROAD NHEREAS, the the City of Rancho Cucanwnga has for tts consideration an indenture and agreeaKnts with Southern Pactflc Transportation Coapany and The N7111am Lyon Coaryany; and NHEREAS, the agreements provides for instailation of a grade crossing across said railway for Rochester Avenue north of Base Line Road; and NHEREAS, City hereby considers said crossing installation essential to an orderiy deveiopaxnt of the City. NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII HEREBY RESOLVES that said agreements be and the sane arc hereby approved and the Mayor is authorized to stgn sale on behalf of the City and the Ctty Clerk to attest thereto ~~ ~ ~ lin. J -~-----------f8 _ r_l9 __1 s3 r-~•~ ----,Sld-__ ~ -_ -, 1 r,....,,.,~ _~ ----~ ..~ ~. - ~ ' e: a - = ~ __ - 3 _ e . a fP~s ~ _ t - g p z - '- _ 6 _ _ B _ __ 3 ~:~ ¢ _ _ - Ij ~ _ ~ k~n~~ ~ ~ e ~~~~~ ~ ' /_ \\ ~~i ~~ 4 ~~~~ R,~t: ~~ ~_i .3 I ~ l I =I=1=11=I.I_I_I=I_l~Tl-f_ll[BI/3 I N CITY OF RANCHO CUCAMONGA ENGII~EERINQr DIVISION N rrEe~: ~.Fr RbCNE9TER RR CRo5S/NC ~~Aii 5~ C[TY OF RANCHO CliCAMONGA STAFF REPORT DATE: October 3, 1990 TO; Mayor aa3 Members of the City Council ~},~~ FROM: Linda D. Daniels, Deputy City Manager ~J d"Q SUBJECT: CWTBID~TIOH OD HBMORAHDOi1 OP OHDBRBTAHDIHO BBTIfBHN T88 AOSHCY~ THS CITY 11ND 806HH8 IMV88TMSHT Approval of the attached Memorandum of Understanding between the Agency, the City and Hughes Investment. BACROROUHD In prior discussions regarding the sports complex, the Agency and the City outlined certain conditions that must be -^t t; :SCg`.» I..:at_._at i:. c:da. f-° t..a :,ya.:~s ..., y.. forward with a redesign of the main vehicle entrance. Hughes Investment has agreed to the conditions as set forth by the Agency and the City. Theses conditions are outlined in the attached Memorandum of Understanding. This Memoran- dum of Understanding will be developed further into a document that will be recorded on the developers property so that if it is ever sold or subdivided the new owners will be responsible far meeting the conditions. This item also appears on tiie Redevelopment Agency agenda for October 3, 1990. SEP-2T-90 TMIi 14a9 MgRKMgN a gRCZYNSKi P02i04 MEMORADfDDM OF DNDERBTANDIRd This Memorandum oP Vnderstanding im entered into on the day of , 1990, between the CITY OF RANCHO CUCAMONGA ("City"), the RANCHO CUCAMONCA REDEVELOPMENT AGENCY ("Agency"), and HUGHES INVESTMENTS, INC. ("Hughes"). W$LREAB, Agency is preparing plane for the development of a Sports Complex, located on the went aide of Rochester Avenue, between Foothill Boulevard and Arrow Route? and IPEEREAB, Nughaa has requested approval of the realignment of Day croak Boulevard which requires an amendment to the Industrial Specific Planr anfl WREREAB, said realignment will necessitate the redesign of the Sports Complexi MONK TREREPORE, it is understood that the City, the Agency and Hughes agree as follows: 1. Agency shall complete plans and specifications for and City shall cause the realignment referenced above to occur. 2. Hughes shall pay for two tratf lc signals located on Rochester Avenue at the entrances to Sports Complex in conjunction with Nughea' development of its parcel looatad at the wrn~ih aids of e6atLi11 Bculevarfl, nest of the I=15 Freeway. 3. Hughaa shall install the road identified ae Day Creak Boulevard beginning at its west property limit to its terminus at Rochester Avenue. This inoludee acquisition in fee title of one-half the right-ot-way Prom Downey and/or Wanq, and S7. S EP AZT-90 THU 1:30 MARKMAN a gRC2YN8KI P.0E~B4 construction of Dey creek Boulevard on properties prnsentl.y owned by Downey and/or Wang. Ths City will allow a reimbursement Agreement between Hughes and the property owners eo that one-help of the coat of street improvements along Downey and/or Wang shall be reimbursed to Hughes. This reimbursement shall oaour at the time Downey and/er Weng develop. 4. Hughes shall be responsible for reimbursing the Agenay for ell ceate incurred in the redrafting and redesign work resulting from the realignment, up to S12o,000. 5. Hughes shall provide signed oommltmente from Home Depot and mart, indicating they will be developing OD the 40 acre site located on the south aide of Foothill Soulevnrd, west of the I-15 Freeway. 6. Huohes shall fa) aunnnrt. the aMnva-rwfnrann.A TRe plan amendment, (b) egrne to any conditions of approval of its development incorporating the provisions oP the M.O.U. and (c) enter into a tecordab]e owner Participation Agreement with Agenay memorializing the provisions hereof. --~0 t 8EP~-2T-90 THU Ig31 MgRKMgN O gRG2YN8KT P.0~i04 7. xughse shall not apply for nor shall City be required to issue a building permit £or any project on Hughee~ property unlace Hughes ie in compliance with the provisions o£ this M•C.U. Cha rman, Rancho Cucamonga Redevelopment Agency Mayor, C ty o Rancho Cucamonga xughes investments, inc. s9 tuftvmovxauec ~~.~o f DATE: October 3, 1990 CITY OF RANCHO CUCAMONGA STAFF REPORT i0: City Council and City Manager FROM: Shintu Base, Deputy City Engineer BY: Phillip Yerbera, Assistant Engineer SUBJECT: Approval of Improvea~ent Agreement, Improvement Security and Ordering th¢ Annexation to Landscape Naintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6 for C.U.P. 88-I8, located on the east side of Naven Avenue between Leann and Highland Avenues, submitted by Diversified Properties Company III, LTD. RECOMEIt1ATIp1 It is recoamended that the City Council adopt the attached resolutions accepting the subiect agreement and security, and ordering the annexation to Landscape Maintenance District No. 3 and Street Lighting Maintenance District Nos. 1 and 6, and authorizing the M>lyor and the City Clerk U! sign said agreement. ANALYSIS/BACKGROUND C.U.P. 88-18, located on the east side of Haven Avenue between Lemon and Highland Avenues, to the Neighborhood Comercial District was approved by the Planning Camaisslon on November 29, 1989, for the develoament of a fact fMn resraurans totaling ~,1BU Square Feet on 1.24 acres. The Developer, Diversified Properties CampagY III, LTD, is submitting an agreement and security to guarantee the construction of the off-site improvements to the fo11oM ng amounts: Faithful Perfonwnce Bond: 5124,000.00 Labor and Material Bond: >; 62,000.00 Copies of the agreement and security are available to the City Clerk's Office. A letter of approval has been recelred from the Cucamonga County Mater District. The Consent and Waiver to Mnexatlon forty signed by the Developer 1s on file in the City Clerk's office. Respectfully submitted, .J4,a+rh. SB:PY:Jh Attachments RESOLUTION N0. 9fl -,3~'~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMON6A, CALIFORNIA, APPROYIN6 IMROVEMENT AGREEMENT ANO IMPROVEMENT SECURITY FOR CONDITIONAL USE PERMIT 88-18 NHEREAS, the City Council of the City of Aantho Cucamonga, California, has for its consideration an Smprovement Agreement executed on September 17, 1490, by Diversified Properties Company III, L7D. as developer, for the improvement of public right-of-way adjacent to the real property specifically described thereto, and generally located on the east side of Haven Avenue between Lemon and H!~lhland Avenues; and WHEREAS, the insta11at1un of such improvements, described in said Improvement Agreement and subject to the terws thereof, is to be done in conjunction with the development cf said real property as referred to Planning Commission, Conditional Use Permit No. 88-18; and WHEREAS, said Improvement Agreement is secured and accompanied by good and suffir_ient Improvement Security, which is identified 1n said improvement Agreement. NON, THEREFORE, THE CITY COUNCIL OF THE CITY aF RANCHO CUCAMON611, HEREBY RESOLVES as follows: That said Improvement Agreement be and the same is approved and the Mayor 1s authori:ed to execute same on behalf of said City and the Ctty Clerk it authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney. ~/ RESOLUTION N0. ~~"3~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGII, CALIFORNIA, ORDERING THE ANNEXATION OF CERTAIN TERRITORY T0~ LANDSCAPE MAINTENANCE DISTRICT N0. 3 AND STREET LIGHTING MAINTENANCE DISTRICT NOS. 1 AND 6 FOR CONDITIONAL USE PERMIT 88-18 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has previously formed a special Tatntenance district pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said special maintenance district known and designated as Landscape Maintenance District No. 3, Street Lighting Maintenance District No. 1 and Street Lighting Maintenance District No. 6 (hereinafter referred to as the "Maintenance District"); and NHEREAS, the provisions of Article 2 of Chapter 2 of the `Landscaping and Llghung Act of 1972" authorize the annexation of additlonel territory to the Maintenance District; and NHEREAS, at this time the CTty Council 15 desirous to take proceedings Lo annex the properb described on Exhibit "A" attached hereto and incorporated herein by this referenced to the Maintenance District; and NHEREAS, ail of the owners of property within the territory proposes to be annexed to the Maintenance District here filed with the City Clerk thei~^ written consent to the proposed annexation without notice and hearing or filing of an Engineer's "Report". NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA NEAEDY RESOLVES AS FOLLQNS: SECTION 1: That the above recitals are all true and correct. SECTION 2: That this legislative bogy hereby orders the annexation of the proper as shorn to Exhibit "A" and the work program areas as described 1n Exhibit "B" attached hereto to the Maintenance District. SECTION 3: That all future proceedings of the Maintenance District, including~e T~evy of all assessments, shall be appllcaDie to the terr/tory annexed hereunder. "A• CITY OF RANCHO CUCAMONGiA COUNTY OF SAN BERNARDINO 1 ~ STATE OF CALIFORNIA CUPB9-~B __ ASSESSMENT DIAGRAIYI LANDSCAPE MAINTENANCE DISTRICT NO. 3 STREET LIGFITMIG MANTENANCE DISTRICT NOS. i AND 6 E%NIBIT 'B' PROJECT NAME: CUP 88-18 N0. OF D.U. OR ACREAGE: 1.24 acres N0. OF ASSESS. UNIT: 2.48 units STREET LIGHTING MAINTENANCE DISTRICT No. of Lases to be Annexed District No. 3ifd6~-~950D17b~~-22;Q6~~T,566 i --- 4 --- -° --- 6 -'- ^-- --- --- --- LANDSCAPE MAINTENANCE DISTRICT CaaMirtf ty Turf District No. Street Name EQUest.Trail SQ• ft, 3 Haven Avenue --- --- (median island) Naven Ave --- --- JAA:10/3/90 Ground Cover Trees SQ. ft. Ea. 700 2 62 shrubs --- 10 ~~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3, 1990 ('1 T0: City Council and City Manager v FROM: Shlntu Bose, Deputy City Engineer BY: Steve M. Gilliland, public Works Inspector~~Y SUBJECT: Approval of Improvement Agreement Extension for Tract 13425, located on the north side of 19th Street between Haven Avenue and Highland Avenue, submitted by Glenfed Oevelopment REC01lEMDATION It is recommended that the City Council adopt the attached resolution, accepting the subject agreement extension and security and authorizing the Mayor and City Clerk to sign said egrcement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Tract 13425 were originally approved by the City Council an Apr11 20, 1988, to the fallowing amounts: Labor and Material Bond: t311,500 The developer, Glenfed Development, is requesting approval of a 6-month extension on said Improvement agreement. Copies of the Improvement Agreement Extension are available In the City Clerk's Office. Reams/pect//fullpy submitted, SIwY>' /'p0'~ SB:SMG:sd Attachments ~.J GLEf~FED DE VELOPMENT CORP. A GfENQN.E FEDERAL COnnmuv RFCgIyED SEP 181990 C~'Y OF fA!dCgO CI!CAMC`^~ .,.~~~~, ~ ~-n.. September 14, 1990 Mr. Steve Gillilar+d City of Rancho Cucamonga P. O. Box 807 Rancho Cucamonga, CA 91729 R8: 82TSN8ION OF IMPROVE/IBNT AORBEI[B11T - TRACT 1315 Dear Steve: Due to delays in construction, continuation of landscape maintenance and a slow marketing program, we request you extend our Subdivision Agreement for a period oP 6 months. We have enclosed in triplicate, notarized city forms requesting said extension. n Cor~di lly, Richard H. Curt' , Jr. Vice President RHC:ph Enclosures RESOLUTION N0. 90 3 pS A RESOLUTIDN -OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13425 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its constd?ration an Improveau!nt Agreement Extension executed on October 3, 1990, by Glenfed Development as developer, for the improvement of public right-of-way adjacent to the rest property specifically described therein, and generally located on the north side of 19th Street between Haven Avenue and Highiand Avenue; and NHEREAS, the instailation of such improvements, described 1n said Improvement Agreement and sub,{ect to the terms thereof, is to be done in conJunction with the development of said Tract 13425; and WHEREAS, said Improvement Agreement Extension is secured and accompanied by good and sufficient Imprevement Security, which is identified 1n sold Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that Bald Improvement Agreement Extension and said Improvement Security be and Lhe same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. / 7 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3, 1990 T0: City Council and City Manager FROM. Shlntu Bose, Deputy City Engineer 6Y: Steve M. Gilliland, Public Norks Inspector SUBJECT: Approval of Improvement Agreement Extension far Parcel Map 11030, located on the northeast corner of Foothill Boulevard and Haren Avenue, submitted by Luis Development Company RECOMEMOATIOM It 1s recommended that the City Council adopt the attached resolutton, accepting the sublett agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public laryroveaents for Parcel Map 11030 Here approved by the City Council on March 2, 1989, 1n the following amounts: I Y11r 111 Y1 fCI fVI AY,IFi YY~I a: ~~!/,"'~t/, fit, VV•,I ~~ Labor and Material Bond: 51,296,880 The developer, Lewis Development Company, is requesting approval of a 6-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available in the City Clerk's Office. Re's/pectfully submitted, .~+~~ SB:SMGad Attachments Lewis Homes Management Corp. 1156 Nmh Aioun~ain Arenue/P,D. Hox 670/Upia`d. California 91785 71dry85.0971 FAX:714N49-67W September 7, 1990 City of Rancho Cucamonga P. O. box 807 Rancho Cucamonga, CA 91730-0807 Attn: Steve M. Gilliland Public Works Inspector Ref.: Request for Extension - Terra Vista Town Center Improvement Agreement - PM 11030 Dear Mr. Gilliland: We hereby request a 6 month extension to complete the terms of the referenced Improvement Agreement. We are in process of construction on Phase 2 of Terra Vista Town Center, and then will begin on Fhase 3. Thank you for your consideration. Pleasf: call if you need additional information. Very truly yours, LEWI OM MAN NT CORP. Jose h les Vic President! Senior Project Manager JMO:ksk G'n.~1 .. ~9 RESOLUTION N0. g0-3~~ A RESOLUTICN~OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMROYEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11030 WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 3, 1990, by Lewis Development Company as developer, for the improvement of public right-of-way adjacent to the real property specifically described thereto, and generally located on the northeast corner of Foothill Boulevard and Maven Avenue; and NHEREAS, the installation of such improvements, described in said Improvement Agreement and sub,~ect to the terms thereof, is to be done in con,~unction with the development of Bald Parcel Map 11030; and WHEREAS, said Impyrovement Agreement Extension 15 secured and accompanied by goad and sufficient Improvement Security, which is identified in said Improvement Agreeamnt Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the sage are hereby approved and the Mayor is hereby authorized to sign satd improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk Lo attest thereto. 70 nrmv nc n . wrn vn n..... .r....... DATE: October 3, 1990 STAFF REPORT T0: City Council and City Manager FROM: Shlntu Bose, Deputy City Engineer 8Y: Steve M. Gilliland, Public Norks Inspec SUBJECT: Approval of Improvement Agreement Extension for Parcel Map 11671, located on the northwest corner of 4th Street and Buffalc Avenue, submitted by Mission Land Company RECOMMEIDATI011 It is recoawended that the City Council adopt the attached resolution, accepting the subfect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. A1b1LYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the public improvements for Parcel Map 11671 were approved by the City Council an September 7, 1984, to the following amounts: r,~rhfut oe.fnrmanr~ gnnA: 51,438.000 labor and Material Bond: f 719,000 The developer, Mtsslon Land Company, 1s requesting approval of a 3-month extension an said improvement agreement. Copies of the improvement Agreement Extension are available in the City Clerk's Offtte. Respectfully submitted, ~,~ SB:SMG:sd Attachments 7/ Mission Land Company September 7, 1990 Mr. Steve M. Gil:.iland Public Works Inspector city of Rancho :Rwamonga P. O. Box 807 Rancho Cucamonga, CA 91770 Dear Steve: Mission Land Company requeeta that the expiration date of the Improvement Agreement for Parcel Map 11671 be extended 90 days until Dec,amber 5, 1990. This extension is necessary to allow Southern California Hdison time to complete installation of the street lights and adjustment of their manholes within our developaent. ^S inc/e'~rely, V U C. John R. Richards Manager, Engineering and Construction JRR22/kmf 1t60 Weat Central Avenue, Suits D 7a" • Broe, Califomis 92821 I°A% Qt4) 871-0632 Er ~~ • Teleplionep1ge710168 RESOLUTION N0. 90- 34 ~ A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYIHG IMPROVEMENT AGREEMENT E%TENSI(IN AND IMPROVEMENT SECURITY FOR PARCEL MAP 11611 NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on Octouer 3, 1990, Dy Mission Land Company as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein., and generally located on the northwest corner of 4th Street and Buffalo Avenue; and NHEREAS, the insta11at1on of such Improvements, described Tn said Improvement Agreerent and subject to the tens thereof, is to be done 1n conjunction with the development of said Parcel Map 11671; and NNEREAS, said Improvement Agreement Extension is secured and accompanied by goad and sufftclent Improvement Security, which is identified in said Improvement; Agreement Extension. NON, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are Mw!rcby approved and the Mayor 1s hereby authorized to s19n said Improvement Agreement Extension on behalf of the Ctty of Rancho Cucamonga, and the C1ty Clerk to attest thereto. 73 CITY OF RANCHO CUCAMONGA STAFF ftEPOR,T DATE: Octotier 3, 1990 T0: City Council and City Manager FROM: Shlntu Bose, Deputy Ctty Engineer DY: Steve M. Gilliland, Public Morks Inspectop-~_ SUBJECT: Approval of Improvement Agreement Extension for E1-m-Avenue Improvements, located on Elm Avenue between Church Street and Spruce Avenue, submitted by Lewis Haines RECOMEIDATIG%' It is recommended that the City Council adopt the attached resolution, accepting the subiect agreement extension and security and authorizing the Mayor and City Clerk to sign said agreement. ANALYSISI3ACK~tOUND Improvement Agreement and Improvement Security to guarantee the construction of the Dub11c improvements for Elm Avenue were approved by the City Council on March 3, 1988, 1n the following amounts: Faithful Performance Bond: (53,600 Labor and Materiai Bond: f26,800 The developer, Lewis Homes, is requesting approval of a 3-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 1n the City Clerk's Office. Re~sp/ectful lyDD s~~ubmi tted, .7~~ /dam SB:SMG:sd Attachments Lewis Homes Management Corp. 1156 Noah Mountain Avenue/P.O. Box 670/UpIaM,Cilifomia 917&5 714,9850)71 FAX; 7I4NS9-6700 September 7, 1990 City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, CA 91730-0807 Attn: Stave M. Gilliland Public Works Inspector Ref.: Request for Extension - Improvement Agreement Elm Avenue Dear Mr. Gilliland: We hereby request a three month extension to complete the terms of the referenced Improvement Agreement. Although the street work is done an this area of Elm Avenue, we require a 90 day extension to allow the landscaping to be completed. Thank you for your consideration. Please call if you need additional information. Very truly yours, LE S OMES MANAG CORP. Josep M. eson Vice re ideni/ Senior Project Manager JMO:ksk F'nringtlrna ~5 RESOLUTION N0. 9~- 3~~ A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF RANCNO Cl'~CAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT Ek'TENSION AND IMPROVEMENT SECURITY FOR ELM AVENUE NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 3, 1950, by Lewis Homes as developer, for the improvement of public right-of-way adiacent to the real property specifically described therein, and generally located on Elm Avenue between Church Street and Spruce Avenue; and WHEREAS, the lnstallatton of such improvements, described in sold Improvement Agreement and subiect to the terms thereof, is to be done in conjunction with the development of said Elm Avenue; and NHEItEAS, said Improvement Agreement Extension is secured and accompanied .oy good and sufficient Improvement Security, which is identified in said Imprcvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said Improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. 7~P CITY OF RANCHO CUCAMONGA STAFF REPORT a DATE: October 3, 1990 C1 T0: City Council and City Manager FROM: Shlntu Bose, Deputy City Engineer BY: Steve M• Gilliland, Public Works Inspector I~__ SUBJECT: Approval of Improvement Agreement Extension far 6609 Hellman Avenue, located on the east side of Rellman Avenue south of 19th Street, submitted by Laszlo Vass RECOMIEMDATION It is recamaended that Lhe City Council adopt the attached resolution, accepting the suWect agreement extension and security and authorizing the Mayor and City Cierk to sign said agreement. ANALYSIS/BACKGROUND Improvement Agreement and Improvement Security to guarantee the construction of the puDilc improvements for 6809 Hellman Avenue were originally approved by the Ctty Council an July 7, 1988, to the following amounts: Faithful Porfnrmanre gnnA• eF,9nn nn Labar and Material Bond: (3,100.00 The developer, Laszlo Yass, is requesting approval of a 10-month extension on said improvement agreement. Copies of the Improvement Agreement Extension are available 9n the City Clerk's Office. Rens/pe'ctfully submitted, ,~m~ SB:SMS:sd Attachments 77 September 13, 1990 City of Rancho Cucamonga P.O. Box 807 Rancho Cucamonga, Ca. 91730 Subject: Request for extension cf Improvement Agreement for 6809 Hellman. To: City Engineering In a previous letter of extension our contract with Hix Development Corporation, whose obligation was to complete the street improvements at 6809 Hellman, has not begun due to the fact that Hix Development Corporation has encountered difficulties in receiving approval of their track map. As a consequence of this, the street improvement agreement with the City of Rancho Cucamonga has expired without any progress occurring. Because of the unexpectedness of this situatio.^., and the cost burden it represent e_, I am forced to search for some other source of finance to pay for these improvements. I request a 30 month extension to fully complete the construction of my home and the street improvements. Than~/k/ You, G~~~LN v~ ~r^" Laszlo Vass 78 RESOLUTION N0. ~Q'3s~9 A RESOLUTION -Of THE CITY COUNCIL OF THE CIT`r OF RANCHO CUCAMONGA, CALIFORNIA, APPROYYNG IMPROVEMENT AGREEMENT EXTENSION AND IMPROVEMENT SECURITY FOR 6809 NELLMAN AVENUE NHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement Extension executed on October 3, 1990, 6y Laszlo Yass as developer, for the improvement of public right-of-way adjacent to the real property specifically described therein, and generally located on the east side of Heilman Avenue south of 19th Street; and NHEREAS, the installation of such improvemen~:s, described 1n said Improvement Agreement and subject to the terns Lherenf, is to be done in conjunction with the development of said 6809 Hellman Avenue; and NHEREAS, said Improvement Agreement Extension is secured and accompanied by good and suffident Improvement Security, which 1s identified to safd Improvement Agreement Extension. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga, California hereby resolves, that said Improvement Agreement Extension and said improvement Security be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement Extension on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. ~9 CITY OF RANCHO CUCAMONGA STAFF REPORT Date: October 03, 1990 'TO: Mayor, Members of City Council and City Manager ~ . From: Joe Schultz, Community Services Director ~„ By; David 8. Statton, Assistant Park Planner Subject: Acceptance oP the West Bervl Park Improvements and West Bervl Sewer Improvements Proiect Reccrunendation: That the City Council: 1. Accept as complete the Improvements to West Beryl Park and Weat Beryl Sewer; and 2. Authorize final payment to Hondo Company, Inc., for the work; and 3. Approve the attached resolution authorizing the Community Services Director to file a Notice of Completion for the improvements of West Beryl ~.+.n >uu naa~ oe~yi onwni~ auu 4. Release the project retention within the specified time after recordation of the Notice of Completion. Backgrounds The improvements of West Beryl Park and West Beryl Sewer hae been completed to the eatiafaction of the Community Services Director. It is therefore recommended that the City Council accept the project from the contractor, Hondo Company, Inc., as complete, authorize final payment, and direct the Community Services Director to file a Notice of Completion for the work. It is also recommended that the contractor's rnYs.n Sinn ha r~alcaann in a •t.nni.. .. Respectfully submitted, Joe Schultz, CLP Community Services Director JB:DBB:tp RESOLUTION N0. 90- 39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE WEST BERYL PARR PROJECT AND WEST BERYL SEWER IMPROVEMENTS AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK. WHEREAS, the construction of public improvements for the West Beryl Park Project and West Beryl Sewer Improvements have been completed to the satisfaction of the Community Services Director; and WHEREAS, a Notice of Completion is required to be filled, certifying the work complete. NOW, THEREFORE, be it rosolvad, that the work ie hereby accepted and the Community Services Director 1e authorised to sign and file a Notice oP Completion with tha County Recorder oP san Bernardino county. 8i CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: October 3, 1990 City Council and Ctty Manager Shintu Bose, Deputy City Engineer Steve M. Gilliland, Public Works Inspector Ii``_~= Acceptance of tWproveWents, Release of Bonds and Notfce of III CoWple~aon for Tracts 13117 and 13118, totaled on the east side o'` Haven Avenue betweer Levan Avenue and Banyan Street RECOMEIDATION: The required street iWproveWents for Tracts 13117 and 13118 have been coWpleted to an acceptable Wanner, and it 1s recowaended that City Council accept said 1WproveWents, accept Lhe Ma/ntenance Guarantee Bonds in the aaounts of =61,500 and 580,000 autf~ori.:e the Ctty Engineer to file a Notfce of CoWple+a on and autfarize the City Cterk to release the Faithful Performance Bands 1n the aaaunts of (615,000 and SB00,000. BACKGROUND/ANALYSIS Tracts 13117 and 131;.8 -located on Lhe east side of Haven Avenue between LeWOn Avenue and Banyan Street DEVELOPER: Paragon riuwe~ P.O. Box 2153 Santa Monlca, CA 90406 Accept: TR 13117 TR 13118 Maintenance Guarantee Bond (Street) S 61,500 E 80,000 Release: Falthful Perfommce Bond (Street) (615,000 E800,000 Respectfully suMitted, ~~ 1~ SB:SMG:sd ALLacfaaent RESOLUTION N0. 9Q'3'71 A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMgNGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROYEMENTS FOR TRACTS 13117 AND 13118 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NOAK NHEREAS. the construction of pu611c improvements for Tracts 1311? and 13118 have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work 1s hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion w14h the County Recorder of San Bernardino County. V~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: T0: FROM: BY: SUBJECT: October 3, 1990 City Councll and City Manager Shintu Bose, Deputy City Engineer Steve M. 011111and, Publlt korks Inspector Acceptance of Improvements, Release of Bonds and Notice of Completion for CUP 87-29, located on the southwest corner of Archibald Avenue and Lomita Court RECOMIENDATION: The required street improvements for CUP 87-29 have been completed 1n an acceptable manner, and it is recommended that City Councll accept sold improvements, authorize the City Engineer to file a Notice of Completion and authorize the City Cierk to release the Faithful Perfanaance Bond 1n the amount of 512,340.00. BACY.GROUND/ANALYSIS CUP 87-29 - located en the southwest corner of Archibald Avenue and Lomita Court DEVELOPER: Neirick Properties 2500 E. Colorado Boulevard, Suite 360 Pasadena, CA 91107 Release: Faithful Performance Cash Bond (Street) 512,340.00 Respectfully submitted, ~~ !~ SB:SMG:sd Attachment g~ RESOLUTION N0. 90-3,' A RESOLUTION ~OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONEJI, CALIFORNIA, ACCEPTING THE PUBLIC IMPR04EMENTS FOR CUP 87-29 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE IIORK NHEREAS, the construction of public improvements for CUP 87-29 have been completed to the satisfaction of the City Engineer; and NHEREAS, a Notice of Caapletton is required to be filed, certifying the work complete. NOM, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves, that the work is hereby accepted and the City Engineer 1s authorized to sign and file a Notice of Caapletlon with the County Recorder of San Bernardino County. V CITY OF RANCHO CL'CAMONGA STAFF REPORT DATE: October 3, 1990 T0: City Council and City Manager FROM: Shlntu Bose, Deputy City Engineer a~3 . 8Y: Steve M. Gilliland, Public Norks Inspector I~ SUBJECT: Release of Sewer and Hater Bonds for Tract 13565-5 thru 13565-10 located on the northeast corner of Summit Avenue and Nardnan-Bullock Road RECOMMENDATION: It is recommended that the C1ty Council authorize the release of two Faithful Performance Bands 1n the amounts of (332,000.00 and (458,000.00. BACKGROUND/ANALYSIS Tract 13565, totaled at the northeast corner of Sumwit Avenue and Hardman-Bullock Road is being developed by Standard Pacific Development. The County oP San Bernardino accepted agreements and bonds for the sewer and water systems on September 28, 1988. The proSect was transferred to the City of Rancho Cucamonga on November 1, 1989. the CTty of Rancho Cucamonga has no requirement for securing the construction of sewer and water systems with hoods. However, since the City Council accepted the transfer of this pro,~ect as a whose, it is recommended that City Council authorize the release of the Faithful Performance Bands 1n the amounts of f332,000.00 and (458,000.00. Cucamonga County Hater District is, in fact, holding bonds in the same amount to guarantee performance. Developer: Standard Paclflc of Orange County 1565 N. MacArthur Boulevard Costa Mesa, CA 92626 SENER HATER Release: Faithful Performance Bonds T33II;000. '58,000. Respectfully submitted, SB:SMG:Iy ORDINANCE N0. 429 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL SPECIFIC PLAN AMENDMENT 90-C1 TO CHANGE THE DESIGNATION FROM SUBAREA 4 TO SUBAREA 5 FOR 5 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF 6TH STREET, APPRO%iMATELY 470 FEET EAST OF ARCH?BALD AVENUE - APN: 210-071-50. RELATED FILE: USE DETERMINRTION 90-02 WHEREAS, the City Council of the City of Ra nchn Gucainon ga does hereby ordain as follows; SECTION is 1. Thav the subject Dro perty's designation of Subarea 4 within the Industrial 5pecf fic Plan change to Subarea 5 as recommended for approval by the Planning Commission. The Planning Commission recommended that the City Council approve and adopt Industrial Area Specific Plan Amendment 90-01; and 2. That the subject property is suitable for the uses permitted within Subarea 5 of the Industrial Specific Plan (zoned General Industrial), in terms of size, access, and compa ti bf li ty with existing land use in the surrounding area; and 3. That the proposed district change would not have significant impact on the environment, nor the surrounding properties; and 4. That the proposed district change is in conformance with the General Plan. SECTION 2: The Rancho Cucamonga Plar~ning Commission has found that this project will not create a significant adverse impact on the environment and recommended issuance of a Negative Declaration on rune 13, 1990. NOW, THEREFORE, the City Council of the City of Rancho Cucamo gna does hereby ordain as follows: 1. That the City Council adopted industrial Specific Plan Amendment 90-01 on September 19, 1990. 2. That the City Council of the City of Rancho Cucamonga has held a ouhlir. hearing ;n the r;me ann ma rn er prescribed Ev 1dW aad duly heard and ba< determined that the 5 acre property located on the south side of 6th Street, approximately 470 feet east of Archibald Avenue be designated as Subarea 5 within the Industrial Area Specific Plan. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause L(e same to be published within fifteen (15) days after its passage at least once in the Inland Valle~Oail~Bulletin, a newspaper of general circulation published in the C ti y of Ontario, Californta and circulated in the City of Rancho Cucamonga, California. g~ ORDINANCE N0. 430 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CU CAMONGA, CALIFORNIA, ADDING A NEW CHAPTER 16.37 TO THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF STANDARDS FOR COMPLETION OF PUA LIC IMPROVEMENTS AND REGULATIONS FOR OCCUPANCY OF BUILDINGS AND STRUCTURES The City Council of the City of Rancho Cucamonga does hereby ordain as follows: SECTION 1: Title 16 of Lhe Rancho Cucamonga Municipal Code is hereby amended to add a new Chapter 16.37, to be read, in words and figures, as follows: "Chapter 16.37 "CONNECTIONS TO ENERGY SOURCES - OCCUPANCY "Sections "16.37.010 Erergy Connections - Completion of Develapnent Improvements. "16.37.020 Public Disclosure. "16.37.030 Extensions of Development Improvement Agreements. "16.37.010 Enerdv Connec tuns - rnm"i et;~n ~v na„oi ,,.„,e.,« .m.,_,,.... ments "A. Except as permitted by Title 15 of this Code with respect to temporary connections, no person shall make connection from a source of energy, fuel or power to any building or structure which is regulated by this Code and for which a permit is required unless, in addition to any and all requirements provided as conditions of approval to the development or as may be required by this Code, all public and/or private development improvements required as conditions of development approval have been completed and accepted by the City Council. "B. Not withstanding the foregoing, in developments containing more than one building, structure or unit, such energy connections may be made in equal proportion to the percentage of completion of ali such development improvements within tho prniort~ ae b.^ dEte 'nay rminEd `vv the City fnginear; except as provided as follows: "1. Reasonable, safe and maintainable access to the property upon which the building, structure or units to be connected to such energy sources exists, as determined to the satisfaction of the City Engt neer; and "2. No more than ninety-five percent (95%) of the 6ufidings, structures or units be connected to such energy sources prior to completion and acceptance of all development iRmprovements. V Ordinance No. 430 Page 2 "16.37.020 Public Disclosure "A. In those developments ahi ch are allowed, or apply to be allowed, energy connections bz sed upon a percentage of development improvement comple- tion pursuant Lo Section 16.37.010 (B), the project developer and/or their authorized representative shall provide notice and disclosure to prospective purchasers, lea ssees or tenants of the development that energy connections (arid occupancy) are subject to the development improvement completion standards set forth in Section 14.45.010 (B). Suth notice and disclosure siiaii be prc video by all of the following: "1. A minimum 18 x 24 inch notice posted in a prominent location in the sales, leasing or rental office of the proposed development; "2. A minimum 8 1/2 x 11 inch printed handout to be offered to prospective purchasers or occupants, placed in a prominent location in the sales, leasing or rental office of the development project; and "3. A disclosure notice, to be signed by the prospective purchaser, lessee or tenant, and executed concurrently with any sales contract or lease/rental agreement. "B. All notices required by this section shall be in a form and content as approved by the City Attorney and City Engineer "C. Opon completion and acceptance of ail deveiopnient conditions as provided in Section 16.37.010, the provisions of this Section as to notice and disclosure shall no longer be applicable. "16.57.030 Extensions of Development Improvement Agreements. "A. The completion date for all development improvement agreements (whether executed pursuant to conditions for a permit under the Development Code - Title I7 or subdivision map approval pursuant to Title may be extended by the City Council upon recommends lion by the City Engineer, written request by the developer and submittal of adequate written evidence to justify the extension. All such time extensions will only be granted for the minimum time necessary for the completion and acceptance of the development improvements. The extension request shall he made not less than sixty (60) days prior to the expiration of the improvement agreement. "B. The developer shall enter into a development improvement exten- sion agreement with the City consistent with the provisions of this Section. The agreement shall he rn pares b~ the Ci b• - 0. - ~ ~ n^y7 seer, a-u proved ei Cis form by the City Attorney, executed 6y the subdivider and tra~n smitted to the City Council for their consideration. The City Council shall only approve the extension request upon presentation of sufficient facts demonstrating a unique or extenuating circumstance to require such extension. If the extension request is approved by the City Council, the mayor shall execute the agreement on behalf of the City. 89 Ordinance No. 430 Page 3 "C. In consideration for the approval of such development improve- ment extension agreement, the City Council may impose the conditions as follows: "1. Expanded restriction to make connection to any source of energy, fuel or power to any building or structure pending completion of the development improvements; "2. Prohibition of any energy, fuel or power connections to buildings cr structures pending compietion of development inipruvziarnts; "3. Additional notification and public disclosure beyond that required by Section 16.31.020; and "4. Prohibition of any further time extensions. "D. The City Council may impose any additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for compl et~ion of such development improvements. "E. The costs incurred by the City in processing the agreement shall be borne by the developer at actual cost. or a minimum of 5100.00. "F. The provisions of this Section shall be in addition to those provisions contained fn Section 16.36.450 pertaining to extensions for su6di vision improvement agreements." SECTION 2: The City Council declares that, should any provision, section, oaragra ph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent ,7urtsdicLi on, or oy reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in the Inland Palley Daily Bulletin, a newspaper of general circulation published in the City of nUtarfo, California, and circulated in the City of Rancho Cucamonga, California. 90 nrmv nc o n wrrun rr rr a r~xnu~ e STAFF REPORT DATE: October 3, 1990 T0: Mayor and Members of the City Council FROM: Joe Schnlta, Ci.t, community Services Director HY: Karen McGuire-Emery, Associate Park Planner SUBJECT: Environmental Assessment and Development Review No 90-04 City of Rancho Cucamonga Sports Complex A request to review the environmental assessment and project application for the development of a Sports complex consisting of a 4000 seat baseball stadium, 3 softball fields, 1 informal baseball field, 2 soccer fields, park area, animal shelter and parking areas on 41.6 acres of land in the General Industrial Category (Subarea S) of the Industrial Specific Plan, located at the northwest corner of Arrow Route and Rochester Avenue, APN: 229 - 011 - 05, 06, 07, 16, 17, l9, 22 and 23, and recommendation of the issuance of a negative declaration. Related applications: Environmental Assessment and Industrial Specific Plan z..t: °_.-:~„L 9u-03, ri,-^~~'_~tio., lssuea and Tree Removal Permit 90- 33. RECOMMENDATION: The Paxk and Recreation Commission recommends approval of the proposed Sports Complex Site Plan and related amenities as approved by the Park and Recreation Commission and issuance of a Mitigated Negative Declaration. ENVIRONMENTAL ASSESSMENT: Staff has reviewed the Initial Study, Part 1, and the Environmental Checklist, Part II of the Initial Study and has found that the proposed project is consistent with the objectives of the Psrk and Recreation Section of the Csnera i. Pl a.^, aid that any significant adverse la;pacts will ba mitigated through the measures described in the environmental evaluation which have been added to the project. Tha Park and Recreation Commission has recommended the issuance of a Mitigated Negative Declaration. ~~ HACKGRO'JND AND D CUSS ON: The Rancho Cucamonga Redevelopment Agency and the City of Rancho Cucamonga have started a process to develop a Sports Complex at the northwest corner of Rochester Avenue and Arrow Highway. The design of the proposed facility includes the development oP a 4000 seat baseball stadium, 3 softball Pielda, 2 soccer fields, 1 "informal" baseball field, a small park area, animal shelter and 1,345 parking spaces to serve the complex on 41.6 acres oP land. The proposed project ie located in the General Industrial Category (Subarea S) of the Industrial Specific Plan. For further analysis of the issues, please refer to the Park and Recreation Commission Staff Report and Minutes of July 19, 1990. Approval of the proposed Sports Complex design will include the approval oP exceptions of special eignage and lighting packages which have been reviewed by the Park and Recreation Commission. These special design packages incorporate hi- tech features which exceed those standards found in the Community Development Code. The Sports Complex is a unique public Facility which will serve the general public. The proposed signege should be designed to fit this public facility Por public safety purposes. in general, the proposed signs are much larger than those normally found in public facilities in order to 3irect persons to the public facility and specific amenities, to provide Por maximum public convenience and to protect the general health, safety and welfare of the public. in addition. tho ann.<r,... ~,~ ..~,..... ..,,, the moet~advanced type of scoring for aporis splay. ~All~signa proposed will be well designed and pleasing in appearance. The proposed lighting package must fulfill special requirements due to the uniqueness of the facility. Because the proposed facility is in an industrial area, the sports lighting overall will have a negl igible impact. However, if necessary, the fixtures will include shielding to reduce glare and light spillage onto adj scant property. The Sports Complex Conceptual Design in its entirety has been reviewed by the Planning Commission with particular emphasis on the stadium facility. Because this ie a major structure within the City utilized by the general public the Planning f`gmmiggiOn fOCUaed this iF r@V1@W nn fhu ~gngr~gl t.......f ^f `aia stadium structure as well as the materials and coloreVwhich make up the design palette. Both the Planning Commission and the Park and Recreation Commission recommend approval of this project to the City council. 91-A FACTS FOR FINDINGS: Based upon the facts and conclusions listed above and the Park and Recreation Commission Staff Report and Minutes of July 19, 1990, staff believes the City Council can make the following findings regarding this application: The proposed prvj act is consistent with the objectives of the Park and Recreation Section of the General Plan; and That the proposed use, together with the conditions applicable there to, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. CORRESPONDENCE: These Items have been advertised as a public hearing in the Tnland valley Daily Bulletin newspaper, the property was posted, and notices were sent to all property owners within 300 Peet of the project site. ACTION: If the City Council concurs with the Pazk and Recreation Commission recommendation and staff's analysis, it would be appropriate for the City Council to approve the Development Review No. 90-04 by the approval of the attached Resolution. City Council should be aware that the associated Industrial Specific Plan Amendment 90-03, which will adjust develnpment reculatinna t^ -11~.: ~ :.;,e sports park development IDUet be approved in conjunction with this application. Respectfully submitted: ~ ~, ~ Jo~chGlt2 ~~~ Co unity Service; Director Attachments: Exhibit 1 - Sports Complex Conceptual Landmcape oi~- Park and Recreation Staff Report Minutes, July 19, 1990 Park and Recreation Commission Resolution No. 90-01 Tree Removal Permit No. 90-33 Resolution No. 91-8 ~ I~ ~, ~, ~~ F -~== lvd nW....~ ,ii,~ ~ -- __~ r-~ ~~ ~; _, :. Mme.. _~=~- - -- ~~ v NNPOW PWiE pa~rtr %~~~~~,v~~ ~. m ~. '~ ~1~~' lid y ~I~ .'Y ~ ~ #'~'r^ ~iL+'lxlilV L ~~a;~', _.., ©., -o. , ~_ ._ ~~ nt _ .,. _. I CONCEPTUAL, 91- C PLANSCAPE aNl Oi514N 4NM1-.INC, SPORTS COMPLEX~:~-~~=~~u° ,m „~„µ.; CITY OF RANCHO CUCAMONGA ~----~"~" 9320 'C' BASELINE RD., RAIJCHO CUCAMONGA, CA. Lk l...l ~ ~'-=~~'~T-"~'•~ D. review the environmental assessment and project application for the development of a Sports Complex consisting of a 4000 seat baseball stadium, 3 softball fields, 1 informal baseball field, 2 soccer fields, park area, animal shelter and parking areas on 41.6 acres of land in the General industrial Category (SubArea Hj of the Industrial Specific Plan, located at the northwest corner of Arrow Route and Rochester Avenue, APN: 229-011-05, 06, 07, 16, 17, 18, 22 and 23, an8 recommendation oP the issuance of a negative declaration. Related applications: Environmental Assessment and Industrial Specific Plan Amendment 90-03, Circulation Issues and Tree Removal Permit 90-33. Karen McGuire-Emery stated that the environmental review ie being divided into two portions. Reviewed tonight is the design and impacts of the specific activities to be accommodated by the facility; at a later date will be the review of the land issues and oPP-site surrounding traffic analysis, as contained in the Industrial Specific Plan, which will qo before the Planning Commission. In addition to the resolution, the tree removal permit requires approval, which involver; the removal/relocation of palm trees acrd one existing eucalyptus tree. Hob Mueting of RJM Design Group and Michael Schafer oP G.P.R.A. gave the overview o£ the project analysis. Mr. Mueting stated that Part I of the Initial Environmental Review Application was :tilled out and submitted to the City. StafY felt it was necesslry to complete Part II of the Initial study Environmental Checklist. Upon completion, there were a number of items that did have some impact on the adjacent site. Essentially it dealt r"ith three main issues--tra£Pic and parking, light, and ncise. Mr. Mueting reviewed Part iI Checklist and mitigation measures (attached to agenda package). Mr. Mueting added the reason for locating the sports complex in the industrial specific plan area was because it was not adjacent tv any existing or proposed residential facilities. There are a few small, sitlgle family residences along Rochester which will be 50o to 600 Peat away from the seating area oP the clad ::m. He said t.*.ere is a proposed and an existing residential area north of Foothill, approximately one half mile from the stadium. Michael Schafer elaborated on the noise and lighting standards. Park and Recreation Commission Minutes July 19, 1990 91-A At 7:24 p,m., the meeting was opened for the public to address this item; however, there was no one in the audience present to address said issue, and the public hearing was closed. Commissioner Henry asked if the residents were notified of this hearing. Mr. Mueting answered that residents within 600 Peet of the project boundary were notified. Karen Emery added they were notified 21 days prior tc this meeting. MdTION: Moved by Mitchell and seconded by Whitehead that said Resolution &BD-O1 be agproved. NOTION: Move3 by Riggs and seconded by Henry that the tree removal permits be approved. Motions carried by the following votes: AYES: COMMISSIONERS: PUNTER, RZGGS, HENRY, MITCHELL, WHITEHEAD NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE - carried • ,r Park and Recreation Commission Minutes July 19, 1990 9l- E - CITT OF RANCHO CUCA~SONG,1 , cu,tr~ STAFF REPORT ~~`~~ ry, ~~, z Date: July 19, 1990 -__ ' ', To: Members of the Park and Recreation Commission ~ From: Joe Schultz, Community Services Director by: Karen McGuire-Emery, Associate Park Planner ~w•~'"l Subject: Environmental Review and Application for the Rancho Cucamonga Sports Complex Recommandation• That the Park and Recreation Commission review the Environmental Review Application and initial Study for The Rancho Cucamonga Sports Complex and approve the attached resolution authorix ing a mitigated negative declaration to be filed for the project as wall as the attached tree removal Permit #90-33. Backazound: The Rancho Cucamonga Sports Complex, to be located at the northwest corner of Rochester Avonuo Any n.~..w o.,...e ..., ,, include the development of a 4000 seat baseball stadium, 3 softball fields, 2 soccer Pielda, 1 ninformal~~ baseball field, a small park area, animal shelter and parking to serve the complex on a1.6 acres of land. Located in the General Industrial Category (Subarea B) oP the Industrial Specific Plan, the project site is generally surrounded by light industrial land use. Environmental review of the Sports Complex Project is divided into two portions: 1) the design and impacts of specific activities to be accommodated by the facility which is to be reviewed by the Park and Recreation Commission and 2) review of land use issues and oPisite surrounding traffic analysis as contained in the Industrial Specific Plan, which is to be reviewed by the Planninc Commission at a later Sate. Environmental items of concern which are related to the 9/- ~ project, as well as potential mitigating measures for those impacts are described in Part II - Initial Study of the Environmental Review Application. The items to be addressed which have a "yes" or "maybe" answer shall become a part of the project design considerations and shall be mitigated as follows: 6. Social-Economic Factors b. will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? The Rancho Cucamonga Sports Complex is being developed as a public facility and will be available for use by all members of the community, particularly adult leagues. Therefore, it is anticipated that the project costs will be equitably distributed among the project beneficiaries, i.e., taxpayers and project users. 7. Land [Ise and Planni.^.a Considerations c. An iapact upon the quality or quantity of existing consumptive or non-consuwntive ____~~!±o~cl opportunities? Because of the unique recreational opportunities which will be afforded by the development of this facility, including the 4000 seat stadium which will be used for minor league baseball as wall as potentially for concerts and other special events, both the quality and quantity of the existing recreational opportunities will be increased. 8. Transportation Note: The Park and Recreation Commission will be responsible for review of the on site traffic ieauee and design cane iderations while the Planning Commission wiii review the oP! site conaiderationa. a. Generation of substantial additional vehicular movements? It is anticipated that the project will generate 9l-G approximately 2,080 trip-ends per day (two-way) which will be added to the existing and planned roadway system. off site, additional highway capacity and new highways will be constructed to facilitate the City- wide traffic demand. On site, a traffic signal and intersection •.ri~e.-.iny viii be provided at the project entry at Day Creek Hlvd. b. Effects on existing streets, or demand Por new street construction? off site: Widening of existing highways and new highways will be installed when traffic volume warrants. c. Effects on existing parking facilities, or demand for new parking? On site: The project will generate the need for approximately 1,724 new off street parking apnces, which will be accommodated within the planned facility. a. substantial impact upon existing transportation Syetema? off site: With the proposed street improvements, the projects impact to existing/planned highways will be minimized. e. Alterations to present patterns of circulation or movement of people and/or goods? off site: The project will provide a major recreational attraction within the City which may charge current travel patterns however, through cognizant ulahnin; a?forts tine planned highway system will be able to accommodate the changes in the traffic patterns. 9i N g- Increases in traffic hazards to motor vehicles, bicyclists ar pedestrians? On site: The additional traffic volume and access points may introduce the increased chance of possible traffic conflicts and hazards. A traffic signal will be corstr::cted -when warranted at the main project access at Day Creek. Stop signs and apprcpriate traffic striping, signing, and traffic control devices will be provided in conjunction with the construction of the project. 10. Health Safety and Nuisance Factor e. Zncreasa in euistinq noise levels? The use of the sports fields in the evening and on weekends could result in an increase in noise level during use. However, the project is located in the general industrial area of the community where the impact will be minimal during these times. h. Are increases in night or glare? The use of the sports fields at nichf. m~T,.« .- __ --r e lu spxu light or glare from the field lights which are to be mounted ever 70 feet in height. The project is located in the general industrial area where the impact to adjacent land uses will be less significant. Glare control fixtures with metal halide lamps will be utilized to minimize the impact. 12. Uti~ities and public services m. other governmental services? The sports complex will require additional recreation and maintenance personnel to fully utilize and ......main the _*aci L'tiea. 9l- Z G~..~~..iON 2'O , ~'.~ ENVIItONMENTAL REVIEW APPLICATION ~~ ~ ITT j ~ ,Z INITIAL STUDY -PART I 197- SExERK =or all projects repuir ing environmental revsew, this form must be completed and submitted to the Development Review Cammitte._ throw gh the department wnere ... project ap0lication is made. Updn receipt of this applltation, the ?ianninq Otvisian staff wiil preoare Part II of the Initial Study and make ~ecdmmendatians to Planning Comm sston. The Plann inq C.:mmission will make one of three determinations: (1) The Drojett will have no significant environmental Impact and a Negative Deelaratidn wil? be filed, (2) The project will have a significant envirpneentai i~iact and an Environmental Lmoact Report will be prepared, or (3) M additional tnformatlon report should be suDPlied by the applicant glvlnq further Information cancerMng the proposed project. late filed: AP=i1 ti, 1990 7rojett Tt tle: Rancho Cucatronga Spozts Canplex AoDlic ant's Name, Address, Telephone: Rancho CUCamonga Redeveloprent Agency P.0.8. 807, Rancho Lticamon93, CA 91730 4am~ aAd..t~ !~;<"vw~ie ui pera00 f0 B! Contacted :oncerning this Project: Linda Daniels, 714!989-1851, Rancho LLCamonga adeveiopnent Aaancy, ,P,O.B. 807, Rancho CUCanonga, CA 91730 _~C at Ion Of.Proj eet: Northwest Comer o£ Rnchestes Ave, and Arrow Rovte Assessor's Parcel Nd.: 229-011-OS,C6,07, 16,17, 18, 22 and 23 List other pewits necessary frda local regional, state and federal agencies and the agency issuing such permits; n1A 9~ ~- S PROJECT ~ESCRIPT'[Ok 're005ed use ar preposed ordjett: TT:e Scorts Caitplex sn11 include a ao00 seat Baseball stadium, 3 Softball fieids, 2 Socccar fields, i "informal" ;~senaL faeld, 'ark sre_. ~~d ?arY.:.r.?. ,c re age of project area and square footage of existing and proposed huildinds, ;f any. .1 .6 nC ;•k*_ Total S: Ce ?a~ v.:. ="- ~ ~+' ,Concessron Blda. 2 (~ 1,744 SF .zintenance Bldg.- 2,160 S7 ,Restrcom Bldq. - 51D SF :esc ripe the envi rommental set_ rind df the prd.J ect site including informaticn on topography, soiT~ scaDT typTants (trees), land antmais, any cultural, nistoridal or scenic aspects, land use of surrounding properties, and the ;escription of any existing structures and their use (attach necessary sneers): °E;istina Tnnoaraphv consists of a 29 gradient fran north to south '.Soil stabrlity -See Soils Report. '?lartts f^-'='eesl - there are 4 existing Palm trees to be removed or re-located, existing eucalyptus to be removed, arxl existing vineyards to be removed. ':".1ere aze no animals or sranifipnt cultural,historinl,or scenre aspects. -~istrna land uses to me nc ~h, east, ar~d 1st of the site are vacant or :•:neyaros, to [he south is Schlosser Forge Co., to the south-east is AllTech aooiina and BaH taachrne Service. '~istina structures en sit mnais of on small .nd+= rial b+il Ina apcroxunately 6,000 - 7,000. SF Is the pro~eet part of a larger pro~ett, one of a series of cumulative act tons, rhlcfi although individually small, may as a xhole Nava significant environmental impact :;„ 9l- K .ES:;ENTIAL CDNSTR ULTiON " ., !;wing :nf :rna!itn sntu?d he prd vided to [he City of Rancho Lucamon da >'=rning Division ~n order to aid the school district in assessing their aoiiity b accommodate the proposed reS tden tial dove lopment. Developers are -eouired to secure letters from the school district for aeeamadating the 'nc reas ea number of students prior td issuance of building permits. Vame of ?ey.?tp er ana Tentative Trott No.: .pet ific Location of Project: PHASE I PHASE 2 PHASE 3 PHASE 4 TDTA! _. .Number of single family units: ?. Number of multfpte family units: .. Date proposed to begin construction: -. Earliest date of do CUpaOCy: Modell and ai of Tentat the .. Bedrooms Pric! Ranae 9l- ~ MILL THIS PROJECT: v°5 Vp .. ^_re ate a substantial change in ground contours? x _. Create a substantial change in ex istina noise of protlute v+brat ion or glare? .. Create a substantial change in demand for municipal serv ues (police, fire, eater, sewage, etc.)? Create changes ~ the zx fisting Zoning or General Plan designations?I.S.P, a,nenanent being filed concurrently ~o delete Coy CrepJc Blvd. emove any ex +s t:ng trees? Haw many? 5 x 5, Create the need far use or disposal of potentially hazardous materials such as toxic substances, fld(nndblea or exp lay iVe5? x Ezalanation of any YES answers above (attach additional sheets if necessary): +I I.S.P. ?m°JtamenL 5) 4 Palms, 1 EYCaiyotus -. Estimate the amount of sewage and solid waste matertats this p~bject will generate daily: vornal for Pazk/Sport Field use plus stadium use estimated at 100,000 for 7o ham ?anti= a _. '- tt~ ~mmoer cr auto and truck trips generated daily by this prof ec to 2080 3. _stimate the amount of grading (cutting and f1111naa) requlred for this project, i0 cubic yards: 100,000 CY Cut/ 500,000 L4 Fill i0. If the project fnvolvts the construction of residential units, complete the torm on the next page. N/A LEATffIGTION: 1 hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial era loot ion to the Dest of my ebittty, and that Lhe facts. stateexMts, and information Dresanted are true and correct to the heat of my knaaledae and belief. [further understand that additional info a[ion may ba required co "e submitted before an adegwie evaluation ca pe made by the Planning pivision. ~ ~ , Oate: 4/17/90 $i 9i- M __, CI'i OF RAt7C!10 L'UCA.`10!!CA TART II - L:II iIAL SiCCY E:nIROhTIEATAL CIIECRLIST u~" ,'~lav '5, 1990 f9PLICNT: Rancho Cucamonga RedevelmomPnt Ale-^-^-I FP :aG DATE: Stay 15, '990 LOG liU!®ER: pRn,;r CT; Rancho Cucamonga Sports Complex FP.C.:ECT LOCATI027: NOrth Wes[ Corner of Rochester Avenue and Arrow Route 1 ^n'I RO ^'tt1TAL IftPACTS (Explanation cf e!.1 "yes" and "aayb e" answers are required on a[ca shed sheets). YES fLAYgE NO 1. Sai ls and Gte l_ aer. 'l ill the proposal have sig nificant resin cs in! a. Cnscab le ground co ndlclons or Sn changes in geclogic relatlonshlps? x b. Dlsru ptlnns, dis placemen es, compoc tfon or burial o'.i the soil? x c. Chan Re Sr copogrnp by or ground surface contour intervals? x d. The destnstion, covering or mod lfication cf any urt::que geologic or physical Features? _ ~ ~ e. Any potential increase in wind or voter erosion eE so il9, off ecting either on or off s lte condi tons? x f. Chances En e_osSpn ;,, .Scion, or donnait!pn? _~ x g. Exposure of people or property to geolpglc ha zarde such as enr[hqunke s, landsL ides, mud- slides, ground failure, or similar haeatd a? x h. M increase in the rate of extraction and/or use o[ any mine[al resource? x 2. 17vdratorv. Ulll ':he proposal have sign lflcan[ reeul[s in: 9/- N ?a ae ? YES NAY9E t:0 a, Ch an gea Sn e~rrencs, or the course of dir ec cicn of Eloving screams, ri•+e rs, or ephemeral steam channels? _~ b. Chan qes in absorp clen races, drainage pa[t EL na, or the race and nmour.c of surface vacer runoff? ,~ c. Aleeraclons to the cpurs¢ or floe of flood each rs? , d. Char qe !n ehe amount of surface vacer Sn anv body of va eet? x e. Discharge into surface eaters, or 'any alte!'a [fon of surface veter quality? x F. Al teta[ion of groundwater cha rac[grl5t lc s? x g. Changs in the quantity of groundwa eers, elthe~ through dlrecc addit Iona or vith- drawa.s, or ch rough in[erference vich an aquifer? QunlSty7 Quant l[y? __ x h. the reduction in ehe amount of voce: ether wise a~alla6le for public va ter supplies? _.-__ x i. Exposure of peeple or property to vacer r¢t~"•"_ tay:.J, auto as tlaoding or aelches? x 3. Air Oval1[v. 8111 the proposal have algniffcant results in: a. Constant or perSodfe a!t emissions £rom mobile or foil! n•tt sources? x Sta tlonarv eou rcea7 '~t$ b. De ter fora :ion of emblem e!r quallty and/ar interferauce vich Che eCta foment o£ app11ca61e air quallty stand arils? x c, Al Lerntlon of local or regional elimaclc condl[Sona eftectfna afr move .qn t, ataiscu re wr ra ~ ,_,nre. x 4, gf o[a Flora. U111 thn proposal have sign! Cf cane results in: a. Change Sn [hn chacadte viatica of ap ee lea, 3n chid log dlt crafty, ills rribucian, or numbtr of any spat iss o[ plan[a7 n(_ O x ~ ~_ b. Reduction of the numbers of any unique, rare or coda ngered Ipecies of plants? x Ye8 :'ly BE :;~ c. lntroduct!en of nev ar dSSrupcl•+e spec! es of plants Sots an area? ,~ d. peduct!an !n the paten[la1 imr agricultural producclon? X fauna. Gill Che Fro posal have sSgnlf Scant results Ln: a. Chance fn the chn raccerist;c^, of species. lnclud Sng dlv erg SCV, discr!bucfon, c_ ..,.rbers ~f any species of animals? x b, P.educcfon aE the numbers of any unique, rare or endangered species of animals? c, Inc roduc:ion of nev or dls rup clue species of an foal; in m an area, or result In a 6azrier co chc migra tlon or movement of animals? x a, Oecerio ra cion or removal of existing fish or v1!dlife habi:ac? x ..°cruta[fon. Rill [he proposal have signlfimnc results Sn: a, Gill the proposal alter ehe location, dfs[r!- bvaon, dam Sty, diversity, or grouch race of [he human population of an area? _ _ x b. 'dill [he ~ - ...~~~ eusel~g housing, or ' =reace a demand for addictonal housing? ~ _ z 5ee!r-Economic facto rs, N111 the proposal have sign1f 1C3OC Lelu1:9 ln: a. Ciange in local or regional sacio-economic chats cterls GLcs, Lnc lud log economic or c: ®ertfal diversity, tax race, and property va load? x * b. 1:111 project [uses 6e equic ahly dls trlbuted among protect beneficiaries, i.e., buyers, ca>: payers or pro)ecr users? x _ _ _, Lar.E L'se anri vl,nn 1,-,; Cans id era tfons. 1117 the proposal have slgnlt SCane results In? a. A substantial al tt to [SOn of the present or planned land use of an area? - __ x b. A conflict vi[h any daaigna clans, obJectlvea, policies, or adopted Plana of -ny gove rnmencal encltles7 ^/- r~ _ ^_ x ` e. M impact upon the qulaf ty or quantity of exlatEng conaumDtlve or non-consump[!ve recreational apportunitles? x 5 6 _,e . YES ;~Y3E NO B. Stan soot:a non. ?1111 [he proposal have signif Scant rlsui cs in: a. Cen eratlen of substantial add i;ion al vehicular covemenc? x - b. Effects on exis[Snq streets, or demand for nev scree[ construction? x ,. Ef .'eres on ax is ctnq parking facilf LS es, or demand for nev parkin g? " d. <. ubstantlal impact upon exisei ng [ransporca- cion systems? x ' e. Alterations [o present patterns of circula- cSOn or movement of people and/or goods? x f. Aleerac ions to or affects on present and potential uacer-borne, rail, mass transit or air traff Sc? g, Increases Sn tzaff lc hazards to motor vehicles, bicyclis cs or ped escrians? x 9. Cultural Resources, t7l11 the proposal have signif lcanc results in: a. Adis curbance to the Sntegrity of archaeological, pa leontologlcal, end/or historical reaourc es? .... Heeicn. baf etv, and Nuisance Factors. A1L' the pzmpo5al have afgnlficant reaulcs in: a. Creation of any health hazard or poten clal health hazard? X b. Exposure of people [o potential health hazards? ~- X c. A risk of explos ton or [eleese of hasardous subseanees in the event of an act idenc? x d. M Snnreese !n the numher of individuals or species of vee eoe or pethenogenlc organisms or the exposure of people to such organ isms? x w e. Inc reese Sn ezis clog noise levels? ~_ _ E. Exposure of people to potentially dangerous no iae levels? ~_ x g. She tzeKlon of o6J ectlonabla odo n? x * h. M ineresss !n light or gla rel ^ x ~- 9~ 4 2a;e i YES y„SYBE vo 11. Aesch ec its. Aill the proposal ha v¢ elgnlf lc anC resin cs in: a. The obscructf en or deg radacf an of any scenlc vista or vlev? x 6. The crea[Scn of an aesChe[lcally off enslve site? K c. .i ronfl!ct ul th the obj eccD:e of designated or po t¢nc1a1 scenlc co rrido re> x 1:. llt Sl Sties and Pub lit Services. Will the proposal have a slgnlFSCant need for nev systems, or alc¢ra cfons co Che fo Moving: a. Electric pover? x 6. .7a [oral or packaged gas? x c. Communications sys tams? x d. Ba car supply? ~ x e, Uastevater fat 111tfes? x f. Flood control struc[ureeJ x g. Solid veete facilities? x ?i. Fire pro brr l,.q? x i. Police pro [action? x j. Schools? x k. Parks at other racy eacimnal facili [ies7 x 1. :aln renanoe of pu611c fat 111 ties, including roads snd flood con erol facS11t1es7 x . m, Ocher governmental services? x l7. Enetav and Scarce Resources. Uf11 the props sal have sign if Scant results in: a. Use of sub stanclal or excessive fuel or energy? x b. Subs tantlal Sncrease !n demand upon axis ring sources of energy? x c. M increase Sn the demand for development of neu eourcee of energy? 99 x d. M increase or perpecuation~ [~ consumption of non-renevable forms of energy, when feasl63e renavahla aonrees et energy arc avgiabla7 x ?age 6 YES `!AYEE NO _. gubstanclal depletion of any nonrenewable ar eta rte natural resource? _ :< 14, Mar.dato rv Fird in¢s of Sig~lEicanc e. a. Does the prof ect have the pot encSal [o degrade [he quality of [he envSronven[, suhscancla lly reduce the habitat of '. lsh or wildlife species, cause a Fish or ulldl lfe population [o drop bei vu se 1E sustaining Levels, threaten to ellafnate a plant or aa!: al co-unity, reduce [he number or reatr lct the range of a rare or endanger ed plan[ or animal or ellminace important examples of the meJor periods of California h15 Cory or yrehistory? x b. Does the prof ect have [he porentfal [o achieve short-term, [o [he disadvantage of long-term, environmen tsl gonleT (A shor c-germ impact on the environment is one uhich occurs Sn a relatively brief, defini[SVe period of time uhl le long- term impacts viii endure veil into the future). x c. Does [he pzoJ ect have Smpac is uhich are Ind Svidually limited, but cumulatively cons idera63e? (Cumulatively Considerable mearta that the incremental effet is of an Sndividual prof ett are cpnsiderable when vfeved in connection with the effects of past proJec ta, and probable Euture prof ec [s). x d. Does the prof ect have envlronmeneal effee [s uhich viii cause sub a[an[!al adverse effects on human beings, either directly or Sndirnctly? _ x II. DISCUSSION OF ET7lRRONHINIAL ISVALUAII04 (1. e., of affScmaclva ansvera to [he about questions plus n diacusaion of proposed ml[Sgation measures). See attached sheets. gl- S III. DE?EP~INATIO`I on the ba51s of thle llatlal evaluacSon: I fSnd the proposed prof etc COL'I~ '70T have a signiflwnc eff etc L_i on the environment, end a NT_C,1: I^E DECLViATION will be prepared. I find that althouryh the proposed prof ect could have a significant I effect on the envira n.~enc, there vtll not be a signif Scan[ e:fecc ' in this case because the mlclgacidn measures described an an attached sheet have been added to the Aral ec c, q NEGATICE DECL:AATIO!I HILL HE PP.EPARED. ::nd the pro Dosed pro~ec[ NAY have a slgnif lCanc eff etc on the ~.~ envirtv.ent, and an E7N IRO`i;tENT Z?IPAG7 R^EPORT is requfr¢d. /• 1 f / Date I ` `r (; ~. 1¢f. ii-- ~, / / ./~ igaa cu, i.G~YW91lW1W/~ ~Y(,~1:'(U','~ ~J ~ L~''Y~ ( ' IStle 9~- ~ J Fsplaaatioa of Asterisked Items oo Chaokliat 6-b: Project costs will 6e equitably distributed among project 6enef iciaries. The Sports Complex is being developed as a public facility for adult league sports and will be available to all members of the community. 7-c: This project represents a significant increase in recreational opportunities available in the i:ity by adding 2 soccer fields, 7 softball fields, and "informal" baseball field, for adult league play. in addition the project will include a 4,000 seat stadium for minor league baseball, concerts, and special events, providing unique recreational opportunities for the entire community. 8-a: The project will generate approximately 2,080 trip-ends per day (two-way) which will be added to the existing and planned roadway system. Additional highway capacity will be provided by widening existing highways (ie. Rochester Ave, Arrow Route, etc). New highways (ie. Day Creek Blvd.) will ba constructed in the future tc facilitate City-wide traffic demand. A traffic signal and intersection widening will be provided at the oroiect anr.v >t n>.... 8-b: The project will increase traffic on the existing street system and will contribute towards the need for improvements (widening) of existing streets (ie. Rochester Ave.) and the implementation of planned new highways (ie. Day Creek Blvd.) These improvements will be installed when traffic volume warrants. 6-c: The project will generate the need for approximately 1,724 new oft-street parking spaces within the fanned facility. The project will prvide acaommoriate the raq'aired on-site parking. 9-d: The project adds to existing traffic volume which will increase volume to capacity ratios. With the propoaW street improvements the projects impacts to existing/plennad highways will be minimized. 4/- u 8-e: Clew access points onto the existing highway system will be created which may affect existing and future traffic patterns. The project will provide a new major recreational attraction within the City which may change current travel patterns. The planned highway system will be able to accommodate the changes in traffic patterns. a-q: Additional trdff is volume and access points may introduce increased chances of possible traffic conflicts and hazards. A traffic signal will be constructed when warranted at the main project access at Oay Creek. Stop signs and appropriate traffic striping, signing, and traffic control devices will be provided in conjunction with the construction of the project. 10-e: The use of the sports fields in the evening and weekends could result in an increase in noise level during the Cime o1 use. The project is located in the general industrial aree oP the community where the impact will be minimal durirq these times. 10-h: The use of the so_orr ssol.~.. _ :iya u,iyi~i. result in an increase in spill lighC or glare from the field lights which are to be mounted over 7o feet in height. The project is located in the general industrial area where the impact to adjacent land uses will be less significant. Glare control fixtures with metal halide lamps will be utilized, if necessary, to minimize the impact. 12-m: The Sports Complex will require additional recreation and maintenance personnel to fully utilize and maintain the facilities. q~- v RESOLUTION NO. 90-OL A F£50LUTION OF THE PARK AND RECREATION COMMISSION APPROVING DEVELOPMENT REVIEW NO. 90-D4 LOCATED ON THE WEST SIDE OF ROCHESTER AVENUE, NORTH OF ARROW ROUTE TN THE GENERAL INDUSTRIAL CATEGORY (SUB-AREA B) OF THE INDUSTRIAL SPECIFIC PLAN A. Recitals. (ij The Rancho Cucamonga Redevelopment Agency has filed an application for the apgroval of Development Review No. 90-04 as described in the title o£ this Resolution. Hereinafter in this Resolution, the subject Development Review request is re:erred to as "the application." (ii) The Rancho Cucamonga Redevelopment Agency has filed Industrial Specific Plan Amendment 90-O1 in conjunetian with the project to address the land use issues involved with the development of the Rancho Cucamonga Sports Complex which will be reviewed by the Planning Commission at a later date. (iii? On the 19th day of July 1990, the Par9 ~,ra Recreation Commission of +*~ ^it~ ui xancho Cucamonga ^^^-!_ctc~ a meeting on the application and concluded said meeting on that date. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the Park and Recreation Commission of the City of Rancho Cucamonga as fol2owa: 1. This commission hereby specifically finds that all of the facts set forth in the Recitals, Part A; of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above-referenced meeting on July 19, 1990, including written and oral staff reports, this Commission hereby specifically lands as Lollowa: 9i- w (a) The application applies to 41.6 acres of land located on the west side of Rochester Avenue, North of Arrow Route, more specifically Assessor's Parcel Numbers 229- 011-05, 06, 07, 16, 17, 18, 22 and 23, with a street frontage of 989.85 feet on Rochester Avenue and a street frontage of 933.23 feet on Arrow Route and a lot depth of 1612.98 Peet from Arrow Route to the north property line and a lot depth of 1295.86 feet from Rochester Avenue to the west property line, and is presently improved with one small industrial building, approximately 6,000-7,000 s.P; and (b) The property to the ^.^^th, east and west c. the site are vacant or vineyards, and the property to the south and southeast is light industrial. 3. Based upon the substantial evidence presented to this commission during the above-referenced meeting, including written and oral staff reports, this Commission hereby finds that the mi'cigation measures as contained in the Envlronmental Initial Study Part 2 shall be incorporated into the project as Pollowa: (a) That because the Rancho Cucamonga Sports Complex is being developed as a public facility and will be available for use by a.ll members of the community, the project costs will be equ:.tably distributed among the project beneficiaries; and (b) Because of the unique recreational opportunities afforded by the development of this facility, including the 4,000 seat stadium which will be used for minor league baseball as wat~ _ <:~~ c ,n..G.i.a ana other special events, both the qualityc and quantity of the existing recreational opportunities will be increased; and (c) Because it is anticipated that the project will .generate approximately 2,080 trip-ends per day (two way), additional highway capacity and new highways will be constructed to facilitate the citywide traffic demand. In addition, a traffic signal and intersection widening will be provided at the project entry at Day Creek Blvd., and (d) The project will increase traffic on the existing street system and will contribute towards the need Por improvements (widaningj of existing streets (i.e., Rochester Avenue) and the implamentaticn of planned new highways (i.e., Day Creek 91vd.i. 'P'osse Smprovementa wiii ba in~tall~d when traffic volume warrants; and (e) The project will generate the need for approximately 1,724 new oLf-street parking spaces, which will be accommodated on site; and (f) Because the project adds to existing traffic volume which will increase volume to capacity ratios, street improvements are being proposed to existlnq and planned highways which will minimize the project's impact; and /1/ `, (g) Because the project will provide a new major recreational attraction within the city which may change current travel patterns, new access points onto the existing highway system will be created which may affect existing and future traffic patterns; however, the planned highway system will be able to accommodate the changes in traffic patterns; and (h) Additional traffic volume and access points may introduce increased chances of possible traffic conflicts and hazards. A traffic signal will he constructed •'hen warranted at t.*.e ~^ ^rej ect access at Day Creek Blvd. Stop signs and appropriate traffic striping, signing, and traffic control devices will be provided in c~^j unction with the construction of the project; and (i) The use of the sports fields in the evening and weekends could result in an increase in noise level during the time of use; however, the project is located in the general industrial area oP the community where the impact will be minimal during these times; and (j) The use of the sport fields at night might result in an increase in spill light or glare from the field lights which are to be mounted over 70 feet in height. The project is located in the general industrial area where the impact to adjacent land uses will be less significant. Glare control fixtures with metal halide lamps will be utilized, if necessary, to minimize the impact; and (k) The Sports Complex will require adtii~ionni teunenLiw, nuu moiu Lauauw ecaa~,u,ci ~.. .... ly utilize and maintain the facilities. 4. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1, 2 and 3 above, this Commission hereby finds and concludes as follows: (a) That the proposed project is consistent with the objectives of the Park and Recreation section of the General Plan; and (b) That the proposed use, together with the 'diti"' uppiiC3bl.^, t::Cr.^.t C:, 8 ..- b.°. 'a _h_i__ntal Y~ Yh< public health, safety, or welfare, or^materially injurious to properties or improvements in the vicinity. 5. This Commission hereby finds and cartlPSes that the project has been reviewed and considered in compliance with the CaliPOrnia Environmental Quality Act of 1970 and, further, this Commission hereby issues a mitigated Negative Declaration. 9l-~ 6. Approval of Development Review No. 90-04 is granted subject to the approval of Industrial Area Specific Plan P.mendaent No. 90-01. In the event the Amendment is not approved, this approval shall become null and void. 7. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, 4, 5 and 6 above, this Commission hereby approves the application subject to each and every condition contained in the resolution. 8. The Deputy Secretary to this commission s.`.ail certify tc the adoption of this Resolution. APPROVED AND ADOPTED THIS 19th DAY OF JULY 1990. PARK AND RECREATION COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: ~ - Y'~~ Sam C. Punter, Chairman y I, C.eo~u acnuitz, Secretary '`ofl the Park and Recreation Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Park and Recreation Commission of *-he City of Rancho Cucamona at a regular meeting of the Park and Recreation Commission held on the 19th day of July 1990, by the following vote-to-wit: AYES: COMMISSIONERS: Riggs, Mitchell, Henry, Punter and Whitehead NOES: None ABSENT: None 9~- z City of r ^ Tre~-Removal Peri Cucamonga r ~D~VE~o ~, z 0 _~ ~_ _z Z z Q J Ortlinance No. 276, pertaininy to the preservation of trees on private property, requires that no person remove or relocate any woody plants in excess of fifteen (15) feet in height and having a single trunk circumference of fifteen (15) inches or more and multi-trunks having a circumference of thirty (30) inches or more (measured twenty~four (2G) inches from grountl levee, without first obtaining a Tree Removal Permit from the City. LOCATION OF SUBJ ECT SITE: ~~~nJ EI~ ~.~'_OG' _C~ .aA..ll i2nC.PfESTE '} NAME, ADDRESS, TELEPHONE OF P,PPLICANT: ~l~ Q~ ~[_/~µJ L+~.i~Gd-~O r~l(~~ '~~~ -- K' ~Z~J1_F r.r7 t~ h1 ~. /~.l i icy F fJG`~ NAME,ADDRESS,TELEPHONE OF PROPERTY OWNER (if other than applicand: ~~C ,,4 _ I C ~ O L ~,~ . ~~~r=.r IrF ~ ~-r _ k'sm.N r-h7 ~ iCOO-ro,~r~y,e, ~."~ REASONS FOR REMOVAL(attach necessary sheetsC -ti~~i`.~s '~~ Fn,e f PROPOSED METHOD OF REMOVAL. 1~[_.~(,cd/L-r7 APPLICANT'S SIGNATURE: 7E: ~~ This application shall include a plot plan indicating location of all trees to be removetl and retained. The species, number, and size of the trees to be removed shall be so designated. It a tree is diseased, then a written statement from a licensed arborist stating the nature of the disease shall be requlreiJ. ~~ BY:.L-1d1~'~.1.~1 LCd.C+46[.~71~2~(_".%h~rmd~laans~o s: ,'Yj:~~~~:,".- ..,._.°•~i~, `'~'~~,. M:';~,' ~.,;: C }. `C'',-.+;'. .,-:tit-S.•..: ,•TL 'ti~fti:;` \'.1~J+' Date: ~~.. /990 ,\ .__ _ .. .... ~. ,.•~-'~ Notification of appllca~on shall be given to property owners within a thl~@„4lindre~`foot,(adllua t~~ten~Aays prior to approval. If no appeals are received, then the permit shall become effective ten (10)`d~ys"Iyom.the date of action. This approved tree removal permit is valid for 90 days from iha date of final map~rec`oidetlon or building permit Issuance, whichever comes first. Should applicant fall to remove the trees'wlttiln tlils 90 day period, a dew peimlt shall.be requ Red, unless~9'n'exlensldn is requeG~ed,tobpeh (14)~days'prlor t$ the expiration o. the permit. ~~ 1 . Condition of the trees? ~OD X'~ -}}} 2. Proximity to an existing structure or interference with utility services. A~f'6 /.-~~ { w` ~. sr~~era-- -cn~~~c.,.~. ., .......,nfs?(c!.egr<,h~~i!d~^ ~n~,w=_!!s) Y~-S 4. Proximity of other trees in the area ~~=~n.lE- 5 . E!fect of tree removal on the aesthetics of the area and the puhtic health, welfare and safety. 6 . Can the tree he oreserved by pruning or relocation? .r' IB'C' _ '. // _ ND 7 nn tha rraes rnnshhi?easienificant natural resource? _._ 8 , Are the trees requiretl to be preserved oy any specnm plan. cones uuu ui appi oval o f lila~~ii~ io~w- i ? ~ '~' _ , mark des gnation .ti ?h 9 h l ~n ;. :'~s . . Is an ar orist requ retl? ~'~t< ;1 ` D ., . /~cce t;iay- 4er/~ina 'flocs ~ r~,re yc~ fa ECG ~'~~~['~//!~_.~/_, SM"/ S /'~ Cio G / Y~ ~ CiO, ~ ~W - KI/~/ CjrGtiB /I Jidr /~"• 1~I,C _ -f'srs0 4H/ c7~~ 'G rtes . "( ~' ~ D 393 RESOLUTION NO. 90-lF A RESOLUTION OF THE CITY COUNCIL APPROVING DEVELOPMENT REVIEW NO. 90-04 LOCATED ON THE WEST SIDE OF ROCHESTER AVENUE, NORTH OF ARROW ROUTE IN THE GENERAL INDUSTRIAL CATEGORY (SUB-AREA 8) OF THE INDUSTRIAL SPECIFIC PLAN Recitals. (i) The Rancho Cucamonga Redevelopment Agency has filed an application for the approval of Development Review No. 90-04 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review request is referred to as "the application." (ii) On the 19th flay of July 1990, the Park and RanrPaN nn !'n.nmlvvinn nP •wv nit.. ..P n._....r.. _ _ _ _ conducted a meeting on the application and concluded ~eaid meeting on that date and Resolution No. 90-01 was adopted recommending approval of said application. (iii) The Rancho Cucamonga Redevelopment Agency has filed Industrial Specific Plan Amendment 90-03 in conjunction with the project to address the land use issues involved with the development of the Rancho Cucamonga Sports Complex which was reviewed by the Planning Commission on September 12, 1990 and Resolution No. 90-116 was adopted recommending approval of the amendment. (iv) On the 3rd daY of Octoher. 1990 the City Council of the City of Rancho Cucamonga conducted a meeting on the application and concluded said meeting on that date. (v) All legal prerequisites to the adoption of this Resolution have occurred. 9/- Ac B. Resolution. NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City o£ Rancho Cucamonga a~ ioiiows: 1. The Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Rased upon substantial evidence presented to the Council during the above-referenced meeting on October 3, 1990, including written and oral staff reports, the Council hereby specifically finds as follows: (a) The application applies to 41.6 acres of land located on the west side o! Rochester Avenue, North of Arrow Route, more specifically Assessors Parcel Numbers 229- 011-05, 06, 07, 16, 17, 18, 22 and 23, with a street frontage of 989.85 feet on Rochester Avenue and a street frontage oP 933.23 feet on Arrow Route and a lot depth of 1612.98 feet from Arrow Route to the north property line and a lot depth of 1295.86 feat Prom Rochester Avenue to the west property line, and is presently imoroyed with .,..a Ts 1. is d::etrial Uuiiaang, approximately 6,000-7,000 s.f; and e (b) The property to the north, east and west of the site are vacant or vineyards, and the property to the south and southeast ie light industrial. 3. Based upon the substantial evidence presented to the Council during the above-referenced meeting, including written and oral staff reports, the Council hereby finds that the mitigation measures as contained in the Environmental Initial Study Part 2 shall be incorporated into the project as follows: (a) That because the Rancho Cucamonga Sports Complex is being developed ae a public facility and will he ava!lable for use by aii members of the community, the project costs will be equitably distributed among the project benef iaiaries; and 9l~ RA (b) Because of the unique recreational opportunities afforded by the development of this facility, including the 4,000 seat stadium which will be used for minor league baseball as well as for concerts and other special everts, both the qualify and quantity of the existing recreational opportunities will be increased; and (e) Beoause it is anticipated that the project will generate approximately 2,080 trip-ands per day (two way), additional highway capacity and new highways will be constructed to facilitate the citywide traffic demand. Sn addition, a traffic signal and intersection widening will be provided at the project entry at Day Creek Blvd., and (d) The project will increase traffic on the existing street system and Will contribute towards the need for improvements (widening) of existing streets (i.e., Rochester Avenue) and the implementation of planned new highways (i.e., Day Creak Blvd.). These improvements will be installed when traffic volume warrants; and (e) The project will generate the need for approximately 1,724 new of£-street parking spaces, which will bo accommodated on Bite; and - (f) Because the project adds to existing traffic volume which will increase volume to capacity ratios, street improvements are being proposed to existing and planned highways which will minimize the project's impact; and (g) Because the project will provide a new major recreational attraction within the pity which may change current travel patterns, new access points onto the existing highway system will be created which may affect existing and future traffic patterns; however, the planned highway system will be able to accommodate the changes in traffic patterns; and (h) Additional traffic vcl•,:me and acrAns pcinta may i*troduce i.-.oceased chances of possible traffic conflicts and hazards, A traffic signal will be constructed when Warranted at the main project access at Day Creek Blvd. Stop signs and appropriate traffic striping, signing, and traffic control devices will be provided in conjunction with the construction of the project; and 91- A E (i) The use oP the sports fields in the evening and weekends could result in an increase in noise level during the time of use; however, the prof act is located in the general industrial area of the community where the impact will be minimal during these times; and (jj The use oP the sport fields at night might result in an increase in spill light or glare from the field lights which are to be mounted over 7C Peat in height. The project is located in the general industrial area where the impact to adjacent land uses will ba less significant. Glare control fixtures with metal halide lamps will be utilized, if necessary, to minimize the impact; and (k) The Sports Complex will require additional recreation and maintenance pare onnel to fully utilize and maintain the facilities. 4. Haled upon the substantial evidence presented to the Council during the above-referenced purlis hearing and upon the specific findings of fncta sat fort, in paragraphs 1, 2 and 3 above, the Council hereby finds a~,id concludes as follows: (a) That the proposed project ie consistent with the objectives oP the Park and Recreation section oP the General Plan; and (b) That tY,e proposed use, together with the conditions applicable thereto, will not ba detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 5. Tha Council hereby finds and certifies that the project has been reviewed and considered in compliance with the California Environmental Quality Act of 1970 and, further, the Council hereby issues a mitfgatad Hacative ueciaration. - " ql- f~F 6. Approval of Development Review No. 9C-04 ie granted subject to the approval of Indueitrial Area Specific Plan Amendment No. 90-03. Zn the event t:he Amendment is not approved, this approval shall become null and void. 7. Based upon the findings Bind conclusions set forth in paragraphs 1, 2, 3, 4, 5 and 6 above, the Council hereby approves the application subject to each and every condition contained in the resolutlon. 8. The City Clerk of the Council shall certify to the adoption of this Resolution. 9i- w CITY OF RANCHO CUCAMONGA MEMORANDUM DATE: Octob@r 3, 1990 T0: City Council and City Manager FROM: Shintu Bose, Deputy City Engineer SUBJECT: Continuance of Advertised Public Hearing {tans F2 and F3 Mal Sheet, la Senda Road, and Carol Avenua Private Streot Designations Staff is ;equesting that two {tans currently on the Ocwber 3, 1990, City Counc7l Agenda as Advertised Public Hearings be continued to the Ocwber 17, 1990, City Council meeting. The Ga> liens are: F2 - to designate Mai Street as a private street:, and F3 - to de::ignate la Senda Road and Carol Avenue as private streets Staff has recently received correspondence fron the Ftre District regarding `mproved fire vehicle access at the :;ub~ect locations. Staff is requesting additional tine to neet and dlt~cuss with both the Firc District and City Attorney the lmgact this correspondence nqy have on the actions before the City Cou;rcil. Mritten notification has been sent to the afftrted property owners of these continuances. Staff will continue to keep the property owners intormeo as to the stows or tnese two items. Respectfully submitted, ,;~;.~. /,~.a. SB:d1w Attachment C[1'P OF RANCHO CUCAMONGA ,a, +;,~., STAFF REPORT C~ DATE: October B, 1990 T0: Mayor and Members of the City Council FROM: Brad duller, City Planner BY: Toin Gra hn, Assistant Planner SUBJECT: APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14866 - THE PENNHILL CUMPANY - An appeal by an adjoining property owner of a Pi ann ing Commission decision approving a residential subdivision and design review of 47 single family lots on 8.7 acres of land in Lhe Low Medium Residential District (4-8 dwelling units per acre) located at the southeast corner of Lemon Avenue and London Avenue - APN: 201-252-21 and 22. RECOMMENDATION: Staff recomne nds the City Council uphold the Planning Cammi ss ion's decision and approve Tentative Tract 1486E through adoption of the attached Resolution of Approval. BACKGROUND: There are ru rrently two Tentative Tract Ma n< annrnv nA for the project site. Vesting Tentative Tract 14011, submitted~by Pa noon Development, proposing the development of 47 single family lots was approved by the Planning Commission on March 22, 1989. Tentative Tract 14866, submitted by The Pe nnhill Comoa ny, proposing development of the same 47 sinq le family lots, but with revised architecture, was approved by Lhe Planning Commission on duly ti, 1990 land subsequently appealed). As the architecture submitted by Pennhiit was not suhstantially consistent with the architecture approved under Vesting Tentative Tract 14011, staff required submittal of a new Tentative Tract Map application for review and approval by the Planning Commission. ANALYSIS: Biscayne Development, owner of the parcel directly south of the project site, appealed the approval of Tentative Tract 14866. Biscayne's parcel consists of a lot that was once part of a railroad -iaht-of-waV and inea SU reS 44 faeE wide and fi.i5 font teen. ine annoai was filed under the contention that City approval (1) is based on incorrect findings and conclusions and (2) allows for use of the appellants property without any form of agreement or compensation between himself and the project applicant. The findings and coot lu dons identified by the appellant to be incorrect are contained in Planning Conmiss ion Resolution 90-95 items 8(2) and B(8)(c). Item B(2) allows for descriptive and lacational findings used in approving the application and _Item B(B)(c) is a specific finding CITY COUNCIL STAFF REPORT APPEAL OF TT 14866 - THE PENN HILL COMPANY October 3, 1990 Page 2 identifying consistency with City codes and policies. In neither case is the finding based on incorrect data, code requirement, or established p ol~cy. The appellants argument of use centers on a proposed 20-foot wide sewage easement which will bisect his property from north to south Isee Cou ncii Exhibit "8"). During review of Tract 14011 and Tract 14866, staff requested the applicants attempt to obia in the appeiian is property as this is the las` portion of undeveloped land that could logically absorb Lhis parcel into its project boundaries. Staff was also concerned that without its inc lesion in their development proposal the parcel would be difficult to develop and could become a public nuisance !i .e. - weeds, trash, fire hazardl. Tract 14011 was conditioned to make a good faith effort to obtain the parcel, The applicant submitted documentation that they attempted purchase, but were not able to negotiate agreeable terms for sale. Ou ring review of Tract 14866, staff once again requested the applicant to attempt to obtain the parcel. The applicant submitted documentation that they attempted, but were unable to obtain it. qs both applicants had attempted to obtain the parcel, but were unable to make agreements with the appellant, staff did not pursue the matter any further. Instead, a condition of approval was imposed to provide a permanent paved access to the ,na reel so that it would net be landlccked. In regards to use of the parcel fora sewage easement, Tracts 14011 and 14866 included Standard Condition G.6. which states "Water and cawar plans shall be designed and constructed to meet requirements of the Cucamonga County Water District lCCWD), Rancho Cucamonga Fire Protection Oistric t, and the Environmental Health Department of the County of San Bernardino. A letter of compliance from CCWD will be required prior to recordation or issuance of permits." Planning Commission approval imposed this condition for compliance with Cucamonga County Water District standards and not as an approval of specific design features or location of sewage lines. Sewage lines were provided in this location as directed by the Cucamonga County Hater District. On November 7, 1989, the Cucamonga County Water District's Board of Directors adopted Resolution No. 1989-11-1 fsee Council Exhibit "C") dete rm in ine that public interest and necessity require acquisition of a p,: pe'.ine easement by eminent domain proceedings for Tract 14011. fn nd a,mna}inn will be fi 1Cd ~~~ Ctln rt w11E0 the deY BiaOer hvn ine construction. The easement was ,provided in this location to connect to an existing sewage line provided with development of Tract 13248, located directly to the south. When sewage iines for Tract 13248 were designed, the District anticipated future sewage needs of properties to the north and specifically located the sewage line for future connection directly south of the appellants property. 9~f CITY COONCIL STAFF REPORT APPEAL OF TT 14866 - THE PENNHILL COMPANY October 3, 1990 Page 3 ENVIRONMENTAL ASSESSMENT: Part I of the Initial Study has been completed by the applicant. Staff ha; completed Part II of the Environmental Checklist, and no significant impacts on the environment are anticipated as a result of this project. FACTS FOR FINDINGS; The project is consistent with the General Plan and the Development Code. The project, with the added mitigation measures, will not he detrimental to the publ :c heal t.". or saf=ty, or cansn nuisance, or significant environmental impacts. In addition, the proposed Site plan, together with the recommended conditions of approval, is in compliance with the appiicahte provisions of the Development Code and City Standards. CORRESPONDENCE: This item has been advertised a5 a public hearing in the Inland Vallev Da itv Bulletin newspaper, the property posted, and no tiles sent to all property owners within 300 feet of the project site. R sqe full su ' G Bra r r;ry P nner BB:TG/jfs Attachments: txhibit "A" - Letter or :y~peai Exhibit "B" - Sewage Easement Locations Exhibit "C" - Cucamonga County Eminent Domain Resolution Minutes of duly li, 1990 Planning Commission Meeting Planning Commission Staff Report dated ,lu ly 11, 1990 Planning Commission Resolutions No. 90-95 and 90-96, Recommending Approval 9.s B~ CC ,..~o:,C ~K `it~c k 2a1a~ C~li:.Q ~Recup~ ~ ed-oaii-3 ~' 13ro . an July 20, 1990 NAND DELZVGRED Mayor of Rancho Cucamonga and ~~M'`~E4 Members of City Council 'l'{A~ Y city of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Gentlemen: You are hereby notified that we demand an appeal of the decision of the planning commission of July 11, 1990 concerning environmental assessment and tentative tract 14866. urs veF t~~ Allen W. Parrin AWp:ss RCCI3.WLDOC GouNU 1. ~xr- ~rf ~~ i ~ BtSGYNE OEVELOPMENi CORF'ONATION 8784 InOym ANnw ~ SeM IEO ~ prvMid. GNbmu 9750E ~ (71Q EEEdE70 e July 26, 1990 "' ..: F, ,p:C :. '.a ~ HAND DELIVERED ~~!i i'~ ~ " / .1 ~ . ~ r ' Mr. Tom Grahn City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga, California 91730 Dear Mr. Grahn: Thank you for your recent inquiry concerning our appeal of the decision of the Planning Commission of July il, 1990 relating to environmental assessment and tentative tract 14866. In regard to the same, kindly note the following points concerning Resolution 90-95 of the Planning Commission of the City of Rancho Cucamonga: 1. The findings of the Planning Commission of the City of n......A .. n............, J-.~~..it-_ Ja-_.~ ~_..-.... r.1 ~ .~ ... ~.-.. ..~.. -. ..y .. ...... ... r.. ..yauyu B(2) individually and in their entirety, are factually incorrect and in direct conflict with the substantial evidence presented to the Commission. 2. The conclusions reached by the Planning Commission of the City of Rancho Cucamonga, including but not limited to Paragraph 3(c), are based upon erroneous findings and in and of themselves factually incorrect. 3. The conditional approval of the Planning Commission of the City of Rancho Cucamonga is based upon erroneous findings and erroneous conclusions resulting therefrom and hence should be denied, ?= r;ea~l• .... tal' the '1^ _ _' _ _ _ <. ^~^ a, approvo ~ appear t i. iu'o, apply to, ~and~ utilize our property. We obj ecty to ythird parties processing our property for use in serving their private development without our consent. We object to any and all approvals which are based upon the same. We specifically object to any approvals which rely upon easements bisecting our property to service other properties which ostensibly are being processed. ~ N(/~ (1 )~ __- ___ w~c l- EicklBl~' _,~ 2-- BISGAYNE DEVELOPMENT LDRPORA7ION fiI60 Inrliene Avenue • Suits 160 • Riversrtle. Celilomre 91506 • ptd/ 686-8610 7 Mr. Tom Gratin July 26, 1990 Page Two As you are no doubt aware, there are other alternatives available for the development of the property to the north of ours which do not require the arbitrary utilization of our property. Absent the applicants acquiring our property under terms acceptable to us or having our expressed written permission to use our property, no approvals should rely upon the applicants servicing their property through our property or otherwise utilizing our property, and we request that any approval oP this proposed project be conditioned to reflect the same. It is becoming apparent to ma that various misrepresentations concerning our property which are not conducive to good planning and orderly development have been made in bad faith to you by others. We have been and will be more than happy to cooperate with any reasonable effort to develop a cohesive plan for the area. However, we are tired of being subjected to scams which in essence center around utilizing you to confiscate our property for the private benefit of other developers. I don't think either of us should tolerate this nonsense any longer. Should you have any m,aa++~..~, ~'caoa ~a .-..... ;.aai~a re co contact me. yours ver~t my Allen W. Perrin AWP:ss RCC1<.YLDOC CAuNGi~ f,)C~t1'bff ~A2~'~ 98 z I - ! I -- \ ~ _ +I :i z ~; ~ ~ z ~ 13 ~ J ~ j - !y ~ ^ ~ _ _ ..,. r-F V I Y ~ n N ~ ~ iC el ' 5 l ~~'1 -. ~ IIII I .~ N ,. , 7fi A~ ~ 129~d 7R.IrT 1324A Fxl~/TiNCa ~aEWt~ UNE- CITY OF REI111C'~(f, I~UCAMONOA .~.~.~ E: ~ ^ u ' ~.. N PLANI~ttNCr ffYG[SION ~~ ~y ^„ EXHIBIT: SCALE: RESOLUTION NO. 1969-11-1 RESOLUTION OF THE BOARD OP DIRECTORS OF COCAMONGA COUNTY WATER DISTRICT DETER- MINING TEAT TBE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION BY ENINBNT DOMAIN OF AN EASENENT POR A PIPELINE POR TRACT NO. 19011 w'BEREAS, on November 7, 1989, pursuant to notice thereof duly given as provided by Section 1245.235 of the Code of Civil Procedure, the Boa cd of Directors (the "Board of Directors") of Cucamonga County Water District (the "District") conducted a hearing with respect to the acquisition by eminent domain of the easements described in Exhibit "A" attached hereto for the construction, operation and maintenance of the Pipeline, and afforded each person whose property is to be acquired by eminent domain an oPPortunity to appear and 6e Heard on the matters referred to in Sectior, 1240.030 of said Code; and WHEREAS, the 9oard of Directors has determined that it is r,e cessary that such easement be acquired for such purpose; NOW, TBEREFORE, BE IT RESOLVED AND ORDERED by the 9oard of Directors of Cucamonga County Water District as follows: •. PuGl;e use. i•nc nnni: a.." „~. easement described in Exhibit "A" attached hereto is to be acquired by eminent domain is the construction, reconstruc- tion, installation, replacement, removal, repair, altera- /ao (,OtyhlGtt~ ~Xffi1D/1T ~~GI" tion, operation, maintenance, inspection and use of a pipe- line or pipelines together with braces, connections, fasten- ings, cownunica tion cables and other appliances and fixtures in connection therewith or pertinent thereto, for sanitary sewer purposes, and Eot ingress and egress in connection with such matters. 2. Authorization. The District is authorized by Section 31040 of pie Water Code to acquire easements by eminent domain. 3. Descr:otion and Location. The description of the general location and extent of the easement to be acquired is as set °orth in Exhibit "A" attached hereto. 4. Necessity. The Board of Directors Pinds and determines that: (d) The ~ubllc interest and ^ece98ity [eOpire Yhn acquisition of the easement described in Exhibit "A" hereto: (b) The proposed acquisition is planned in the manner that will be most compatible with the greatest public good and Least private injury; (c) The easement described in Exhibit "A" hereto is necessary for the proposed project. (d) The offer required by Section 7267.2 of the Government code is not required because Section 7267 of the Government Code exempts Section 7267.2 from the offer requirement where the acquisition of ~o~ GpU~IGI~ ~,)W1~'t'f '~~n an easement by eminent domain is for construction, reconstruction, alteration, enlargement, mainte- nance, renewal, repair or replacement of a sub- surface sewer pipeline. 5. Authorization to Proceed. The District's General Manager and Legal Counsel are authorized to commence and prosecute eminent domain proceedings for the acquisition of the easement described in Exhibit "A" hereto, and to take such other action as is appropriate and necessary to the prosecution of said proceedings and the acquisition of said easement, including but not limited to the retention of the services of expert witnesaee Fo[ the purposes of such proceedings. ADOPTED this 7th day of November, 1989. ' ever y ra n Vice President of the Board of Directors ATTEST: i . M ~ e , etary of the Board of Directors RTA085 l~~, E,CHIBZT "A" Legal Description for Condemnation of 20' Wlde Sewer Easement A portion of a parcel of land in the City of Rancho Cucamonga, County of San Bernardino, State of ca lifornia, said parcel being described as follows: That portion of that certain 4.6 acre parcel of land described in Deed dated November 21, 1913 to the Atchison, Topeka and Santa Fe Railway Company, recorded December 19, 1913 in Book 532 of Deeds, page 104, Records of said County, lying Easterly of that certain Parcel 1, as said Parcel i is shown on Parcel Map NO. 3870, filed ,iune 13, 1978 in Book 40 of Parcel Maps, page 17, Records of said County, and lying westerly of the Easterly boundary of Lot 11 and said Easterly boundary's Southerly prolongation, said Southerly prolongation being coincident with the Easterly boundary of Lot 14, as said Lots it and la are shown on the Faothill Frostleas Fruit Company's Subdivision, and said Subdivision is shown on Map recorded December 5, 1912 in Map Book 19, pages 41 and 42, Records oL said County. Easement A• A strip of land 20 feet in width, the centerline being described as follows: BEGINNING at a point in the Northerly .tine of said parcel, said point bears S 89°54' 35^ W along the Northerly line of said parcel a distance of 174.88 feet from the Northeast corner of said parcel; THENCE S 21 36' 33" W a distance of 41.12 feet; THENCE S 18°49' 27" E a distance of 5.92 feet more or less to a point in the Southerly line of said parcel. The side lines of said easement "A" shall be extended or shortened to meet at angle points and to begin at said Northerly line of said parcel and terminate at said Southerly line of said parcel. X03 C,tuNG~~ ~,~cNtP~IT ''G4" J~Z 5F~ E5 nS~\'~ E t` ~"NO F ~~~ G~as.''al' LOT II w O E~BTERI.Y O UNE l0T II O SOVTHERL• S LINE loT n __ Z cu v We aenen eNneMtIE~ -~A~tMENT 'A" ~ N IsYT2T N' 1~ ~' NORTHERLY 6.fY LINE LGT la l0T 14 I-•30' MAP TO ACCOMPANY T L4UNUL ~t1PlIT '`G5" ~/ CERTiFIC ATION I, LLOYD W. NICHAEL, the duly appointed Sec[etary of the Board of Directors of Cucamonga County Water District, do hereby certify that the foregoing Resolution was regularly adocted 6y the Board of Directors of said District at a ecg ula[ meeting of said Board duly held on the 7th day of Noyembec , i9 n5, by the foiiow ing vote: AYES: Directors ileufeld, 3raden, best, [7i lso n, ~uykendall NOES: Directors None ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Cucamonga County Water District, this 7th day of November , 19 E9 e ry of B~ Seal c[ectocs D1CectOC$ Clo of ~pJr (,0(,{iJ(illi ~~/{T "~.(On STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO I, Lloyd ii. Michael, duly appoi r.ted Secretary of the eoacd of Direcco:s of Cucamonga County Water District DO HEREBY CERTIFY ':;ac the above and foregoing is a full, true and correct copy of Resolution No. 1989-11-1 same has not been ame r,ded or repealer and that the DATEp; tlov ember ? , 19 89 , (SEAL) ~j/"~ ~~ t__~~ 01[ectOCS <aP~ut~G~V ~tlgriT ''G-~ ~~ C issioner Tolstoy stated that it ad been determined that the sign shoo not b isible to the houses to then rth once the freeway is built. Commission Chitiea stated that the sign would however he vi si 6le u 1 the freeway is c strutted. She stated she would nat mind having the DPlicant return after eeway construction. She felt that once Lhe re away is constructed, the fty may wish to c nsid er signage for all f way frontage stores. Commissioner Melcher st ed that h felt that print' a signs for freeway should be for freeway-rela d bu sine ses and he did feel that Sav-on would qual-fy. Commissioner Chitiea felt that sopping enter identification might be appropriate as opposed tm specific ant n the center. Cha Erman Mc Niel stated that the ten in' sally proposed six signs per major tenant. He felt there are unf ualiti to the property, so that some additional signs are aDDropria H thought f would be satisfactory to drop the sign on the rear of the uildi ng if the P1ann Commission desired. Commissioner Chitf ea t it would appropriate for v-on to be listed on the three monument gns, one at eat entry. Ralph Hanson, epu ty Lity Attorney, stated that if the Comas tan wished to limft all s nage on the north el eva ton, sorb a condition shout a added to the Resol ion. Motto Moved by Chitiea, second by Tolstoy, to adopt the Re solo n appr ing Ya ria nce 90-07 with mods cation to Drohibit signage facing i flu re freeway. Motion carried by th following vote: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, MEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: -carried .... . J. ENVIRONMENTAL ASSESSMENT ANO TENTATIVE TRRCT 14866 - THE PENNHILL COMPANY residentta subdivision and design review of 47 singe fami y lots on 8.1 acres of land 1n the Low Medium Residential Otstrict (4-8 dwelling units per acre) totaled at the southeast corner of Lemon Avenue and London Avenue - APN: 201-252-21 and 22. Tom Grahn, Assistant Planner, presented the staff report. Chairman McNiel opened the public hearing. Planning Commission Minutes -13- July ll, 1990 i~~ Bill Fisc h el, The Pennhill Company, 3991 MtArtnur Boulevard, kewport Beach, thanked staff for their assistance with the project. He requested that Condition 10 be revised to allow issuance of building permits on any areas not affected by the FIRM Zone A designation prior to FEMA approval of removal of the Zone A designation. Ha stated they could then proceed with orderly development. Allen Perrin, Biscayne Development Corpa ra Lion, 6780 Indiana Avenue, Suite 160, Riverside, stated they were ehe adjacent property owner of the 44-foot wide parcel to the south. He objected to the development plan hec ease he s*_aled !t incorporated the use of their property without their permission or compensation. He said the plan would allow Pennhill to cram the maximum number of houses by utilizing the adjacent property to run their utilities. He said Biscayne had tried to cooperate w7th Pennhill, but they did not feel Pennhill had made a good faith effort to acquire the property. Ne said they had offered to sell the property at the same per foot cost as the developer paid for the remair~d er of the land, but Pennhill had refused to pay that amount. He fell that the developer was attempting to have the City aDProve the development so that the developer could obtain use of the Biscayne property for no cost. Chairman Mc Niel stated the dispute appeared to be a private matter and he did not see how the City could be drawn into it. Mr. Parrin requested that the matter be continued until Pennhill had acquired the Biscayne property, received 815cayne's permission to use the property, or presented a plan which would not use the property. Lha irman McRiel asked how the current tract design intruded upon the Biscayne property. Mr. lira hn stated there is a sewage easement running through the access point provided for the Biscayne property connecting to the apartment complex to the south. He said the map is co ndi tf aned for improvements for the sewage per the Cucamonga County Nater District and if necessary condemnation lauld be obtained through the Cucamonga County Nater District. Gilbert Melts, 6357 Archibald, Rancho Cucamonga, asked for clarification of the locaeion of the tract. He asked if it was the old Holloway Hatchery land. Mr. Grahn confirmed that it is. Hearing na further testimony, Chairman MtNiel closed the public hearing. Cha+rman Me Niel stated that there seems t6 be a dlsouto over the value of +hn land and whether the land needs to be acquired to complete the tract. He felt the City was being used as leverage to acquire or force acquisition of the property. He felt the City can not be the arbitrator on such an issue. He stated he would like very much to see the 44-foot wide parcel included with the tract, but the City could not be placed in the middle. Planning Commtsstan Minutes -14- July 11, 1990 ~~4 Commissioner Chitiea asked for Engineering's comments on the applicant's request fora change to Condition l0. Ba rrye Hanson, Senior Civil Engineer, stated that Engineering agreed with the spirit of the request. He suggested adding wording to indicate that the condition would be appl~i ed to any phase of the project affected by the Zone A designation. Chairman McNiel reopened the public hearing to ask if Mr. Fischel was in agreement with the proposed wording. Mr. Fischel responded affirnytiyely. Chairman Mc Niel again closed the pu hl is hearing. Mr. Hanson also requested that Condition 9 be changed to reflect that reimbu rsemert fees are contained in Ordinance 75. He suggested that the adjacent 44 foot parcel be incorporated into the map if the developer were able to acquire the land. Chairman Mc Niel reopened the public hearing. Mr. Fischel stated they believed they had made a good faith effort to obtain the land, but felt they were miles apart on the price. He said that because of the street alignment on an approved tract to the west of their project no additional lots could be achieved by acquisition of the 44-foot parcel and the land could only be used to extend the back yards of nine lots. He said they would like to continue to pursue acquisition of the property, and he would be willing to see a condition to allow the land to he annexed through iot line adjustmen is. ..~~.. ~~ ~... ii~~. w~ ayo .n ~lvicd Inc yu ul it nea r'illy. Ralph Hanson, Deputy City Attorney, suggested adding a cond itf on that if the applicant were to acquire the 44-foot wide parcel to the south prior to recordation of the final map, that the tentative map 6e amended to incorporate the property into Lots 39 through 47 and to remove access area Lot A; and he suggested adding a paragraph to Condition 5 that if the applicant were to acquire the 44-foot wide parcel, that Condition 5 would be deemed null and void. Commissioner Melcher asked if the changes requested at Design Review were incorporated into the revised elevations. Upon viewing the colored renderings, Commissioner Melcher stated he was satisfied. Motion: Moved by Tolttay, seconded by Melcher, to adopt the P.eto'.utior, approving Environmental Assetsment an4 Tentative Tract 14866 with modifications to apply Condition 10 only to any phase of the project affected by a Zone A designation, to add Condition 11 to allow incorporation of the 44-foot wide strip Into Lots 79 through 47, to make Condition 5 null and void if the 44-foot wide strip were to be acquired, and to change Condition 4 to reference City Ordinance No. 15. Motion carried by the following vote: Planning Commission Minutes -15- duly 11, :990 /oy AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELLHER, TOLSTOY, WEINBERGER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: -carried ::. . K. ENVIRONMENTAL ASSESSMENT AHD CONDITIONAL USE PERMIT 90-21 - GEMMEL PHARMACY - A request to operate a specialty pharmacy store within an existing buflding to*_aling B,~OO square feet in the Thomas Ninerv Plaza, located at the northeast corner of Foathlil Boulevard and Vineyard Avenue - APN: 268-101-10 and I1. Brad Bul',er, Cit; Planner. presented the staff report- Al Sca rsa tto, Gemmel Pharmacy, 1804 Valle,lo, Upland, Stated he was satisfied with the Resolution and available to answer any questions. Commissioner Chitiea asked if any other stores would be closed. Mr. Scorsatto responded that the store on Foothill will be closed. Hearing no further tes tf mony, Chairman Mc Niel closed the public hearing. Motion: Moved by Tolstoy, seconded by Nefnberger, to adopt the Resolution approvf ng Environmental Assessment and Conditional Use Permit 90-21, Motion carried by the following vole: AYES: COMMi5S10NERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, NEINBERGER NOES: COMMISSIONERS: NOME ABSENT: COMMISSIONERS: -tarried : • + . DIRECTOR' L FROM °• - - - wca ac cne OOr'L rlweSi corner of rip a Crown Court an o ace. Tom Gra hn, Assistant Planner, presented the report. Chairman Mc Niel invited public co . Larry Lewis, Matt Inland re, 9035 Haven Avenue, Rancho Cucamonga, stated he was representing lanchards. He said they had been working with staff and felt the sol n was adequate. Planning Commission Minutes -16- July 11, 1990 /('~ CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: July 11, 1990 T0: Chairman and Members of the Pianning Commission FROA: Brad Buller, City Planner BY: Tom Grahn, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT ANO TENTATIVE TRACT 14866 - THE res eM a su v Sion an es gn rev ew o s ogle family lots on 8.7 acres of land in the Low Ikdium Residential District (4-8 dwe1H ng units per acre) located at the southeast corner of Leman Avenue and London Avenue - APN: 201-252-21 and 22. I. PROJECT AlA SITE DESCRIPTION: A. Action Re nested: Approval of the subdivision design, ol, yep a ra ng Plan, Conceptual Landscape Ptan, building elevations, and Issuance of a Negative Declaration. B. Protect Density: 5.11 dwelling units per acre. L. Surrounding Land iko ann inn+~~• Ibrth - Stngg7e family residential; Low Residential District i2-4 dwelling units per acre) South - Vacant (former railroad right-gf-way), singie family homes, apartments; Low-Medium Residernttal District i4-8 dwelling units per acre), aM Medium ResiderKial District IB-14 dwelling units per acre) East - Uningroved flood channel, vacant; Low Residential District (2-4 dwelling units per acre) Nest - Single family hones, vacant; Low-Medium Residential District (4-8 dwelling units per acre) C. G°neral Pian Designations: Pro,)ect Site - La.r-Medium Reside.T.ial Ibrth -Low Residential South -Low-Medium Residential, and Medium Residential East -Low Residential West -Low-Medium Reslder~tlal D. Site Characteristics: The pro~e~ct site 1s arrently vacant w sop ng o percent from the northeast. Vegetation consists of one Eucalyptus windrow located along the east property line, one Silver Neple tree, and native grass and weeds. PLANNING CQ4MISS20'' STAFF REPORT TT 14866 - 1NE PEf, .LL COMDANY JULY 11, 1990 Page 2 II. ANPLYSIS: A. Bade,; On Marh 22, 1990, the Planning Commissim approve estirg Tentative Tract 14011, submitted by Pannon Design, for the developmerrt of 47 stogie family homes. As the current applica*.tan proposes architevwrP that was not substantially crosisLerrt with the approved architecwre, the applicant was required to submit a new Tentative Tract applicatim for review and approval by the Planning Commis s 1 m. The applicant is proposing to develop 47 lots ranging in size from 5,005 square feet to 10,246 square feet with an average lot size of 6,041 square feet. A total of four floor plans are proposed >tiarglrg in size frog 2,600 square feet to 3,100 square feet. Each floor plan provides Lhree elevations. Due to concern over site design and its relation to development of a foneer railroad right-of-way parcel ia:ated directly south of the pro,iect site, staff requested the applicant attempt to obtain the parcel and include it within the pro,iect beundarles as this is the cast pro,iect that cw14 logically include the parcel within its bamdartes. The prevlws tract approval conditioned the applicant to make a da:umented goad faith effort to obtain the parcel from the Cw real. yruper iq owner. Trre app ilia nL wa5 unao ie LO aD Lain the parcel. Kith the current applicatim, staff mce again, requested that the applicant attempt to obtain the parcel and include it within the tract design. The applicant was unable to obtain the parcel. Access to the parcel 15 conditioned m approval of the Tentative Tract applicatim {see Engineering Olvision cmditim No. 5). Design Review Committee: On June 7, 1990, the Committee (MCRieT~ TkTher a oleman) reviewed the pro,~ect and recommended approval with the following maiificatims: i. Corner beads shwld be provided to forte edges on all quoin details. 2. On ore rear eievatim on Pian BiU, provide corbels at the base of the window box-out columns. 3. On the rear elevatlm on Plan 840, provide a shelf at the base of the window box-dot column. 4. increase the width of Lhe chimney m Plan 840. 5. a rewrn wads should be Grovided with stucco finish to mete the building finish. ~/1 PLANNING COMHI SSIOY -TAPE REPORT TT 14066 - THE PENT ..L COMPANY JULY 11, 1990 Page 3 6. The perimeter wall along Lemon Avenue should be designed consistent with the existing wall to the north and proposed wall to the west. The attached exhibits have been partially revised to reflect recommendations of the Cesign Review Ca'+n+ittee. Revisicrs to plan 840 were not made and are conditioned in the Design Review Re SOl uticn of Approval. C. Grading and Technical Review Committees: The project was reviewed-ley 60 omn ees an a ermined, with the recommended conditions of approval, to be in conformance with applicable standards and ordinances. D. Tree Removal Permit: The original Tentative Tract Map approve a nee emoval Permit 89-12, a request for the removal of seventy-three trees whose location conflicted with rights-of-way improvements along Lemon Avenue and other site improvements. The request included two Eucalyptus windrows, one located within Lemon Avenue rights-of-way, and the other located mdjacent Lo the Alta Loma Creek Channel, a total of thirty Eucalyptus trees, in addition, approximately forty citrus trees, California Sycamore, a Fruitless Mulberry, a WM to Alder and a Silver Maple were proposed for removal. The arborist report was provided as part of the tree removal request to access the value of the trees regarding their overall health on a tree-by-tree basis. All trees recommended for removal by the arborist report exhibit one or more of the following conditions: Poor structure, dead wood, trunk cracks, previous topping, severe lean, poor health, dead terminal wood, or the tree is already dead. Due to the condition of the trees only one tree, the Silver Maple on Lot 26, was recommended for preservation by both staff and the arborist's report, all of the other trees on- site were recommended for removal. As of this date, all trees on-site except a portion of the windrow aQlacent to the Alta Loma Creek Channel, and the Silver Maple, have been removed. III. ENVIRONMENTAL ASSESSMENT: Part I of the Initial Study has been comp e e ~y-fiT-e apZ~ant. Staff has completed Part II of the Environmental Checklist, and no significant impacts on the environment are anticipated as a result of this project. IV. FACTS FOR FINDINGS: The project is consistent with the General an an a evelopment Code. The project, with the added mitigation measures, will not be detrimental to the public health or safety, or cause nuisance or significant environmental 113 PLANNING COMMISSIO'~ "TAPE REPORT TT 14866 - 1NE PEN. .LL COMPANY JULY 11, 1990 Page 4 impacts. In addition, the Droposed Site Plan, together with the recommended conditions of approval, is Tn compliance with the applicable provisions of the DevelopmM'rK Code and City S•andards. Y, CORRESPONDENCE: This item has been advertised as a public hearimJ r. a nand Yalley Datiy Bulletin newspaper, the property poste a no ces sen a a property owners within 300 feet of the Dro~ect site. YI. RECO>1MENDATION: Staff recommends the Planning CoaMlssion approve enta ve ract 14866 through adoption of the attached Resolutions of Approval and issuance of a Negative Declaration. ReF t u11 bm /Bra 8u1 City ner BB: TG;mlg Attachments: Exhibit `A" -Site Ut111zation Map ~..~~~+t "o" _ 7•rr Man Exhibit "C" -Grading Flan Exhibit "D` -Landscape Plan Exhibit "E" -Elevations Resolution of Approval Design Resolution of Approval ~~~ ~tolec,~ ~~f~ ~ 1 ',~„^c,,rr~r,~,r $ I1EM: ~ 0 CTI'Y OF T~A1~TC`~(~,;Sy`UCAMONGA TITLE:(/'~}'Z h~~Z,,kI1a~ 11q~ ~y PLANI~TIIV+L''. }J1VIS(ON """f' /,~ EXHIBIT;11 /, ll SCALE: ,....... M* ^~ -, .~; ~~, CITY OF FiCT'F(j;, UCAMONGA PLANNiN+G L7(VjSION ~/'~ ITEM; 4 0 EXHBIT; SCALE: ,- ,~'~. ' "^^ "~X1,~S ~~ r CITY OF 1~A1~TC: (~.,UCAMONGA PLANI+T1N~r E~N[SfON ~~ 7 ITEM; TITLE: ~(r t d r N I~ 11 _ EXHIBIT: CJ SCALE: w-ndra~, '~e~cen~elnk yducr N+l*~fc _ __~ { - ~. (' _~' ~ ~~ ` I ~ ', i I~..~l,. ~ ~ • e • ~~ ~ r ~,. ~~~ ~ ~ - .. ~ _ . _ _ CITY OF ~,A1~C`5firf'S.,,~UCAMONGA PLANI~TING•,DIVISION TA'E' N 1~ P I/g' EXHIBIT: ~ SCALE: -~' i e '', p,~ r z ~,. ' ~•~ ~ r ~5~ i~vt ., i ~ *: > ~! - : tl ~ ~' - ~. i -~ U y $ ~ .1: . 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Y~ X ~ E- w X W i-~ U /30 i d ~[ ~ , RESOLUTION N0. 90-95 A RESOLUTION OF 711E PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROYING TENTATIVE TRACT MAP N0. 14866, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FAMILY LOTS ON 8.7 ACRES OF LANO LOCATED AT THE SOUTHEAST CORNER Of LEMON AVENUE AND LONDON AVENUE IN THE LON-MEDIUM RESIDENTIAL DISTRICT (4-8 DNELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 201252-21 ANO 22. A. Recitals. (i) The Pennhili Cayany has filed an application for the approval of Tentative Tract Map No. 14866 as described in the title of this Resolution. Hereinafter in this Resolution, the subJect Tentative Tract Map request is referred to as "the application." (ii) On the 11th of Juty, 1990, the P1anMng Coasaission of the City of Rancho Cucananga conducted a duly noticed public hearing on the application and concluded said hearing on that date. (111) All legal prerequisites prior to the adoption of 4his Resolution have occurred. B. Resolution. NON, THEREFORE, it is hereby found, deterwtned, and resolved by the Fiomiiny i.uaniasiun UT Lne l,1Ly or Rancno Cucaagnga as follows: 1. This Coanission hereby specifically finds that alt of the facts set forth in the Rtcltals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this CoaNiission during the above-referenced public hearing on July 11, 1990, including written and oral staff reports, together with puD11c testtaany, tATs Coesalssion hereby specifically finds as follows: (a) The application applies to property located at southeast corner of Loan Avenue and London Avenue with a Leean Avenue street frontage of 628.35 feet and lot depth of 633.82 feet; and Ib) The property to the norCh of the suD.t act site epnsat ns s(ngie fawiiy homes, the property t0 the south of that site contains single fasity hoaas and apartsw•nts, the property to the east and west 1s vacant; and (c) The subdivision conteaglates the developNent of 47 lots averaging 6,041 square feet 1n size. l31 PLANNING CpMISSION RESOLUTION N0. 90-95 TT 14866 - PENNHILL COMPANY JULY 11, 1990 Page 2 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of facts set forth 1n paragraphs 1 and 2 above, this Connisston hereby finds and concludes as follows: (a) That tentative tract 1s coosistent with the General Plan, Development Code, and specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Cade, and specific plans; and (c) The site 15 physically suitable for the type of development proposed; and (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable intury to humans and wildlife or their habitat; and le) The tentative tract is not likely to cause serious public health problems; and (f) The design of the tentative tract will not conflict with any easement acqulrcd by the public at large, now of record, for access through or use of the property within the proposed subdivision, 4. This Commission hereby f1MS and certifies that the protect has been reviewed and considered 1n compliance with the ralifnmta reVT morel al Quality Act of 1970 and, further, this Coawlsslon hereby issues a Negative Declaration. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Coaatsston hereby approves the application subtett to each and every condition set forth below and in the attached Standard Conditions attached heroto and incorporated heroin by this reference. Planning 0l vision 1) Prior to the recordation of the final map or the issuance of building perwlts, whichever cones first, the appllcaM shall consent Lo, or participate 1n, the establishment of a Mello- Roos Co>ounity Fae9iitios District portal.^.irg to the protect site to provide 1n aontunctlon with the Chaffey Unlfled School District for the construction and nalntenance of necessary school facilities. However, 1f the school district has previously established such a Coamunlty Fae111t1es 01str1ct, the appllunt shall, in the alternative, consent to the annexation of the protect site into the 13a~ PLANNING COMIISSION RESOLUTION N0. 90-95 TT 14866 - PENNHILL CONPANY JULY 11, 1990 Page 3 territory of such existing district prior to the recordation of the final map or the issuance of building peneits, whichever coffees first. Further, tf the Chaffey Unified School District has not formed a Neilo-Roos Comaunity Facilities DSStrlct within twelve months of the date of approval of the protect and prior to the recordation of the final map or issuance of building penelts for said pra~ect, this condition shall be deemed null and void. 21 Consistent with Tree Removal Permit No. 89-•12, care shall be exercised 6y ail individuals, deveiopers and contractors working near the preserved tree so that no damage occurs to the Lree. A11 construction shall preserve end protect the health of the trees to remain, ~rnd new trees planted to replace those removed in accordance with the following measures: a) All trees to be saved shall be enclosed by an appropriate construction barrier, such as chain link fence or other mews acceptable to the City Planner, prior ':a the issuance of any aradi na or hultM n~ permits and prior to co~mencement rf eork. Fences are to remain Tn Dl ace during all phases of construction and may not be removed without the artisan consent of the City Planner until construction i:: complete; and b) No substantial disruption or removal of the structural or absorbtlve roots of any tree shall be perforwed; and c) No fill materials shall be placed within 3-feet tram the outer trunk circumference of any tree; and di No fill materials shall be placed within the drip line of any tree in excess of 18- lnches 1n depth. This 1s a guldeHne end is subject fo modification to meet the needs of individual tree species as determined by an arboHst or landscape architect; and /33 PLANNING COMMISSION RESOLUTION N0. 90-95 TT 14866 - PENNNILL COMPANY JULY 11, 1990 Page 4 e) No substantial conpaction of the soil within the drip line of any tree shall be undertaken; and f) No construction, including structures and walls, that disrupts Lhe root system shall be perwitted. As a guideline, no cutting of roots should occur within a distance equal to three and one-half times the trunk diameter, as measured at grand level. Actual setback may vary to meet the needs of individual tree species as deterelned by an arborist or landscape architect. Where soae root removal is necessary, the tree crown may require thinning to prevent wind damage; and g) The City Dlanner may Impose such additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed. Engineering Division I) M in-lieu fee as contribution to the future undergraunding of the existing overhead uci n ties lselecommunicat/on and electrical) on Lhe apposite side of Lemon Avenue shall be paid to the City prior to the approval of the Final Map. The fee shalt be one-half the City's adopted unit arount times the length from Lhe center of London Avenue to the enter of the Alta Lap Creek Channel. 2) The on-site public storm drain system shalt be staed to include the drainage area to the west of the site and shall provide for overflow protection. 3) The 'private" rear yard storm drain system including the yard drains, shall be maintained by the property owners. 41 The developer shalt provide flood protection along the east tract boundary es approved by the Flood Control District and City Engineer, If the portion of the ultimate Alta Loma Creek Channel is constructed, the developer may request a three-party agredaent 13~ PLANNING COMMISSION RESOLUTION N0. 9L-95 TT 14866 - DENNNILL CUMPANY JULY 11, 1990 Page 5 involving the developer, Ctty, and Flood Control District Lo recover the cast of the constructton from future Flood Control Regional Zone i funds rfien they become available. to addition, the developer may requese a reimbursement agreement to recover one-half the cost of the constructton from the future development on the opposite side of the flood control channel. 5) Access shall be provided to the 44-foot wide parcel to the south as shown on the Tentative Tract Map sub,)ect to the following: a) tt shall be improved to include a.c, paving, 6-foot high walls on both sides, a drive approach on YTa Esperanza, and gates on both ends (decorative at the north end); and b) It shall be made a lot "A'; and c) It shall be offered to the owner of the 44-foot wide parcel; however, if he does not accept tt, the ownership and maintenance shall be established to the satisfaction of the City Planner, City aiy ineer, and toe b1T,y 11LWTly. d) if prior to the recordation of the final map Lhe applicant obtains the property, this condition shall be deemed null and void. 6) London Avenue shall be constructed from lemon Avenue to Y1a Esperenza as follows: a) foil curb to curb width; and b) Sidewalk, street tights, aiW pari:way landscaping arc required on the pro,)ect side of the street; end c) The developer may request a reimbursement agreement to recover the cost of the improvements west of the centerline fro future development on the west side of the street. ~3 5 PLANNING COMMISSION RESOLUTION N0. 90-95 TT 14866 - PENNHILL COMPANY JULY 11, 1990 Page 6 7) Noticeab111ty for vehicles shall be improved at the interior intersections by moving the 2t trees on Via Esperanza closest to the intersections, behind the sidewalk. An easement for tree maintenance paralleling the back of the sidewalk shall be Drovided on affected lots. 8) A 6-foot minimum tree easement paralleling the back of the sidewalk shall be provided along Lemon Avenue. 91 The improvements of Lemon Avenue shall be coordinated with the City proiect Lo construct the Master Planned Stores Orain line in Lemon Avenue. The developer shall be responsible for the construction of the stores drain line from the west side of London Avenue to the tower Alta Loma Creek Channel if lmprovewents for the tract are constrvctad prior to the comptettan of the project by the City. Standard drainage fees would then De credited to the cost for the facility and the developer shall be eligible for relmblrsement of the cost to Excess of the fees in accordance with City Ordinance No. 75. ,n) Er than oe the developer's responsibility to have the current FIRM Zone A aesrgnacion removed from the project area. The developer's Engineer shall prepare all necessary reports, plans, hydrologic/hydraulic calculations, etc. Preliminary approval shall be obtained from FEMA prior to approval of the record map or isswnce of bu•lding perwits, whichever ~xeurs first. The designation shall be offlciatly removed prior t:r occupancy or improvement: acceptance, whichever occurs first. This condition shall apply to any phase of Abe project affected by a Zone A designation. 11) if prior rte, the recordation of the final map the applicant acquires the 4~-font wide parcel parcel to the south, the tentat,tve map shall be amended to incorporate the aroperty into lots 79-47 Eilld remove access area Lot A. 6. the Secretary to this Commission shat" certify to the adoption of this Resolution. I~ PLANNING COMMISSION RESOLUTION N0. 9U-95 TT 14866 - PENNNILL COMPANY JULY 11, 1990 Page 7 APPROYED AND ADOPTED THIS 11TH DAY OF JULY, 1990. PLANNING COMIjISSION OF THE CITY OF RANCHO CUCAMDNGl1 BY ATTEST: I, Brad Buller, Secretary of the Planning Coirission of the C1ty of Rancho Cucaaanga, do hereby certify that the foregoing Resolution was duly and regularly introduced, pasted, and adopted by the Planning Coa~ission of the City of Rancho Cucaaanga, at a regular aeeting of the Planning Cosission held on the 11th day of July, 1990, Dy the following vole-to-wit: AYES: COIMISSIONERS: CHITlEA, MCNIEL, MELCHER, TOLSTOY, NEINBERGER NOES: COIAMISSIONERS: NONE ABSENT: COMMISSIONERS; NONE J37 g ~h= -B ~9 ~p-E 5:Y 3~35r ~ F-" u u_~5" ^~g1p ^i' e~h-` -~" 633. ~9 h?x5oi1=~-:r 6Yt5~ ~~~' a:,;=i :Sy SY~fiX ~`•`"5:._~~" ^fi~gr REF `fi ~' ~"c h 3 -- _e~.- is:°_~'-„ ~ X40 _ xa~oh :~~ ~ :s o= ._ "xassa~a e5hafr °§~ g$a:-"" g"s6~ a?x:`t "~"."'Z mop 3'~ == 6~ E^ x`~~ " Yy i'SV .3~y~~g ~~Cx< `ffi ~~e QC Y"~y' `o _h ^a.__ hes~s o~ ~ - -s ~- ~s.:.xa;°~a -s"^B ""ss sP^S ;s :: oss~Y~ y i.y~$~=base ~- :bg a" M~~S YS 93 E<8Y-~ F-~;oxs..;~- xis ~~ ~~' ~I NI v S~ ~ b § ~~ ~~~ a •s° y as i 3 .~ ~ ~{-~ a sj I a e ~#s ~ Y 1 h'~9 F~"s s 3 ~': 3i~ h ~ 6a. ~ as ;_$~ $ .~a ~ I s~ is S tl~ ~Y~ Z ~ €~ ,~~ _~ ~ ~ e~E~ ` : ~ ~~ j 5 Y # ic~ ~ a s o ~ti j _ app se ~ ~~ ~1 ~ i~ ~ ~ #~ ~ \I MI ~I ~ ~~ r~ 7 d 0 a R C .~ ~~ - ~ q ~ ~_ ~~ s~ ~~~ ~~~.s ~ ~ 3~~ ~ s ~ s~~ ~ ~~ 1~ ~ ~ ~~ ,~~~ i~_ ~'~-- ~h i3g '~ kVBa egTE .~_.. ~„S_ MS'„29 _S t SQ~~ 81 e Y- °y " aw5~ ~ SF$ ° o ~`° e '~8~ ,.358 "~CE Yu ~'8~5"e= 6w€: xg E5:- €~ 5 ;~ [ - ;€~a. ~ey~' yZ~efr~N"e~ e~gE~a= ~E°g £" g" yr ao ~~s°s~ q~aag aE~SFzss€~ s ~eeg€s~I W€°v ~~ 5?~s5 «~i ~y ~ !-:a ,J Y. ~J _ ~~e - _ S~l, ~ i ~ = 8 ~. ~! ~ S ~ E~F; y as 5€~ ax 35 _s€ A 5g~; `"~O Ya ; Y ~~~ iy ~_ 7i ; z ~ _L 3s f ~~ N ~ ~r ~ i ti s s is g :._ x <~ g ~ ~ ffL ~Z ~- e =<~ T ~Y~ 'sZ ~4Yi~ e 8j$~; €~Dye a 's a=~ze €~.}S 6~Y8Y~f_D E lff~' E~!€J" L;3 S~• •'Y~"F1S '~s4~xs €irrF €Y~~T 6 ~xa~ ~~~~~~ ~~~~~Y r~ ~a~ €°i _€ ~f~== ~~~£~s~ ~~{;}~ ~Yls tl~ 13q ~~ ~I ~~ io I~ a O a° m C .~ 'i n "_ ? 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V C o~ RESOLUTION N0. 90-96 A RESOLUTION Of THE PLANNING CQMISSION OF THE CITY OF 0.ANCH0 CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEN FOR TENTATIVE TRACT N0. 14866, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FIWILY LOTS ON 8.7 ACRES OF LAND LOCATED AT THE SQITHEAST CORNER OF LEMON AVENUE AND CONDOR AVENUE IN 'fHE LON~IEDDR4 RESIDENTIAL DISTRICT (4-8 ONELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 202-252-21 AJ>D 22. A. Recitals. (i) The Penr~hill Congany has filed an application for the Design Review of Tract No. 14866 as described in the title of this Resolution. Hereinafter, the sub,tect Design Review request Ts referred to as "the appllcattan." (11) On July 11, 1990, the Planning Loawisslon of the City of Rancho LLcanronga held a anetirg to consider the application. (iii) All legal prerequisites prior to the adoption of this Resolution have scarred. B. Resolution. NON, THERffORE, Tt is hereby found, deter~lned, and resolved Dy the P1annlrg Coaralsston of Vie City of Rancho Wcaaionga as follows: 1. This Coaralsstan heroby specifically finds that all of the facts set forts in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence pre senrted to this Cowtsslon during the above-referenced neeting an July 11, 1990, including written and oral staff reports, this Coaralsston hereby spcctflcal;y finds :.s`:.ll:;ws: (a) That the proposed pro,~ect 15 con5lsRnt with UK obJectives of the General Plan; and (6) That the proposed design is 1n accoN with the obJectives of the Dsvelopaent Code and the purposes of Ure district 1n whkh the site is located; and ici That the proposed design is in coapllance with each of the applicable provisions of the Developient Code; and Id) That the proposed design, together with the eandltlans applicable thereto, will not be dKrtaentai ip the public health, safety or welfare or aatertally tn~urtous to propartles or leproveaierKS 1n the vicinity. ~/ PLANNING COMMISSIOk RESOLUTION N0. 90-96 TT 14866 - THE PENNNI LL COMPANY JULY 11, 1990 Page 2 3. Based upon the findings and concluslans set forth in Paragraphs 1 and 2 above, this Coawission hereby approves the application subtect to each and every condition set forth below and in the attached Standard Conditions, attached hereto and incorporated herein by this reference. 1) Corner beads shall be provided to foria edges on all quoin details. 21 A shelf shall be added to the rear elevation of Plan 840 at the base of the box-out coluwtns on the second-story window. The shelf shall be provided to transition frowt the box-out colu~ans and give the appearance of weight to the building eleaw:nt. 3) The width of the chialney stack on Ptan 840 shall be increase0 to provide aKtrc balanced width-to-height proportions. 4) Periwteter wall shall be constructed t0 decorative masonry Dlock and cap subject to City Planner review and approval prior to the issuance of building perwits. 5) The wall design along Lemon Avenue shall be aesignea caagatioie wicn proposes walls to the west and existing walls on the north side of Leann Avenue. The design of the wall shall be shown on the Landscape and Irrigation Plans subJect to Ctty Planner review and approval prior to the issua~e of building penalts. 6) Corner side yard and return walls shall be provided with a stucco finish to match the buiiding finish. These walls shall be shown on the Landscape and Irrigation Plans subJect to City Planner review and approval prior to the issuance of building perwlts. TI Full wlatertal sffisples for all walls shall be suDwtitted for City Planner review and approval prior LO the issuance of Dulldtng perwits. 8) Landscape and Irrigation Plans showing all slope planting, preserved-in-place trees, stroet trees, and the location of replaceaw!nt trees shall be suboltted far review and aDDrovat by the City Plennar prior to the issuance of bull ding penaits. ~`Fl0 PLANNING COMMISSION RESOLUTION N0. 90-96 tt 14866 -THE PENNHILL COMPANY JULY 11, 1990 Page 3 4. The Secretary to this Coaatission shall certify the adoption of this Resolution. APPROVED AIID ADOPTED THIS 11TH DAY OF JULY, 1490. PLANNING COMIISSION OF 1HE CITY OF RANCHO CULAliOF~A BY t, Brad Buller, Secretary of the Planning Cowlsslan of the City of Rancho Lucaawrga, do hereby certify that the foregoing Resolution rats duly and regularly introduced, passed, and adopted by Lhe Planning Coa~atsston of the City of Ranho Cucaa»nga, at a regular aeeting of the Planning CoNaelsslon held on the 11th dIy of July, 1990, by the folloNtng vote-to-nit: AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER. TOLSTOY, NEINBERGER nUL?: ~~~I t<1~YNQ• unY[ ABSENT: CpMiSS10NERS: NONE ~I~ 9E~E?=°o~L. °FYS~ kE 55 o.5 a'~'= °=•5°€k a~~g,x~"~'i E~;: ~X°5~~, a~~;~~; is IFS ...'23~? 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Qo-34~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CAL[FORNI R, APPROVING TENTATIVE TRACT MAP N0. 14866, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FAMILY LOTS ON 8.7 ACRES OF LANC LOCATED AT THE SOUTHEAST CORNER OF LEMON AVENUE ANG LONDON AVENUE [N THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 ON EL LING UNITS PER ACRE1, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (ii The Pe nnhill Company has filed an applica ton for the approval of Tentative Tract Map No. 14866 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map request is referred to as "the application." (i i) On the 11th of July, 1990, Lhe Planning Commission of the City of Rancho Cucamonga conducted a du iy noticed public hearing on the applica tiun and concluded said hearing on that date. After considering all public testimony, the Planning Commission adopted its Resolution No. 90-95 approving the application. (iii) The decision represented by said Planning Commission Resolution was timely appealed to this Council by Biscayne Development, the owner of a parcel directly south of the project site. live On October 3, 1990, the City Council of the City of Rancho Cucamonga tonduc ted a duly noticed public neon ng to near an appeal riieo un the application and concluded said hearing on that date. (v) All legal prerequisites prior Lo the adoption of this Resolution have occurred. 8. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct, 2. 9ased upon substantial evidence pre senfed to this Council during the above-referenced public hearing on October 3, 1990, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: I5S CITY COUNCIL RESOLUTION N0. TT 14866 - THE PENNHILL COMPANY October 3, 1990 Page 2 (a) The .application applies to property located at southeast corner of Lemon Avenue and London Avenue with a Lemon Avenue street frontage of 628.35 feet and lot depth of 633.82 feet; and (b) The property to the north of the subject site contains single family homes, the property Lo the east and west is vacant; and jc) The proper Cy to the south, owned by the appeiian t, is an undeveloped strip of former railroad right-of-way measuring 44 feet wide by 635 feet long; and (dl The subdivision contemplates the development of 47 lots averaging 6,041 square feet in size; and (e) The development of 47 single family lots on 8.7 acres of land is consistent with the Low Medium Residential land use designation of the General Plan. !f) Sewer service for this tract necessitates a 20-foot sewer easement across the appellant's property to Connect with an existing sewage line that was master planned to serve properties to the north. The Cucamonga County Water Oist rict's Board of Directors adopted its Resolution No. 1969-11-1 determining that public interest and nec es5ity require acquisition of a pipeline easement through eminent domain proceedings at the time of construction of this project. 3. Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific findings of facts set forth in paragraphs 1 and 2 above, this Council hereby finds and concludes as follows: (a) That tentative tract is consistent with the General Pian, Development Code, ar.d specific plans; and (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; and (c) The site is physically suitable for the type of development proposed; and !d) The design of the subdivision is not likely to cause cehcfa n4 ial nny iren mnnfal Aamagn anA 3YCiAah In in ~p ry fp h~,,~na ng anA wilAlifn or their habitat; and (e) The tentative tract is not likely to cause serious public health problems; and !f) ?he design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. ~S~ CITY COUNCIL RESOLUTION N0. TT 14866 - THE PENNHILL COMPANY October 3, 1990 Page 3 4. This Council hereby finds and certifies that the project has been reviewed and considered in compliance •wi th the California Env iranmental Quality Act of 1970 and, further, this Council concurs with the Negative Declaration issued on duly 11, 1990. 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Council hereby approves the application subject to each and every ccod itien set forth below: Planning Division 1) All conditions of approvai as contained in Planning Commission Resolution No. 90-95 shall apply, 6, This Council hereby prnv ides notice to The Pennh ill Company that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of California Code of Civil Procedure Section 1094.6, 7. The City Clerk of the City of Rancho Cucamonga is hereby directed to (a) certify to the adoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, return- receipt requested, to The Pennh ill Company at the address identified in City records. 1~ 7 RESOLUTION N0. ~ ~~~/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW FOR TENTATIVE TRACT N0. 14666, A RESIDENTIAL SUBDIVISION OF 47 SINGLE FAMILY LOTS ON 8.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF LEMON AVENUE AND LONDON AVENUE IN THE LOW-MEDIUM RESIDENTIAL DISTRICT (4-8 DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) The Pennhill Company has filed an application for the Des ige Review of Tract No. 14866 as described in the title of this Resolution. Hereinafter, the subject Design Review request is referred to as "the application." (ii) On July ll, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. After considering all public testimony, the Planning Commission adopted its Resolution No. 9D-96 approving the application. (iii) The dec 7s ion represented by said Planning Commission Resolution was timely appealed to this Council by Biscayne Development, the owner of a parcel directly south of the project site. (iv) On October 3, 1990, the City Council of the City of Rancho Cucamonga conducted a duly nos ued puo~nc neariny w hear an aNp~al P~~c~ ~~~ the application and concluded said hearing on that date. (v) A11 legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and resolve as follows: I. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon sreh stantial evidence oresen ted to this Council during the above-referenced meeting on October 3, i990, inc iud ing written grid oral staff reports, this Council hereby specifically finds as follows: (a) That the proposed project is consistent with the objectives of the General Plan; and ~.-] Q LITY CODNCIL RESOLDTION N0. DR FOR TT 14866 - THE PENNNILL COMPANY October 3, 1990 Page 2 (b) Thdt the proposed design is in accord with the objectives of the Development Code and [he purposes of the district in which the site is located; and !c) That the proposed design is in compliance with each of the applicable provisions of the Development Code; and !d) That the proposed design, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare or m~a to rially injurious to properties or improvements in the vicinity. 3. Based upon the findings and conclusions set forth in paragraphs 1 and 2 above, this Ceunc it hereby approves the application subject to each and every condition set forth below: Plannino Division t) All Conditions of Approval as contained in Planning Commission Resolution No. 90-96 shall apply. 4. This Council hereby provides notice tc The Pennhill Company that the time within which judicial review of the decision represented by this Resolution mu s~~: be sought is governed by the provisions o' California Code of Civil Procedure Section 1094.6. 5. The City Clerk of the City of Rancho Cucamnnn_a ;< ti.,..an„ " _-""' '~ (_) ~eriiry co one aaoption of this Resolution, and (b) forthwith transmit a certified copy of this Resolution, by certified mail, returr,- receipt requested, to The Pennhill Company at the address identified in City records. 151 oh ~ .s ~ a loo CITY OF RANCHO CUCAMONGA STAFF REPORT ~ LATE: October 3, 1990 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: A7 an Warren, As scciate Planner SUB,7E CT: ENVIRONMENTAL ASSESSMENT AND [N DUSTRIAL RREA SPECIFIC PLAN AMENDMENT N0. 90-03 - CITY OF RANCHO CUCAMONGA - R proposed Amendment Lo adjust the northern boundary of Subarea 8 on the west side of Rochester Avenue northerly 330 feet, westerly 1,065 feet, and southerly 330 feet to its present boundary with Subarea 7; delete the Dlanned extension of Day Creek Boulevard between Rochester and Milliken Avenues; and realign a portion of Oay Creek Boulevard east of Rochester Avenue. The purpose of this Amendment is to accommodate the development of a City Sports Park at the northwest corner of Rochester Avenue and Arrow Highway - APN: 229-011-05, O6, and 24 and 229-021-15, 20, 28, 34, 41, 42, 44, 45, 53, 54, and 55. The Planning Commission recommends issuance of a Negative Declaration. RECOMMENDATION; The Planning Commission recommends issuance of a Negative Declaration and approval of Industrial Area Specific Plan Amendment No. 90-03. ENV'.:RONMENTAL ASSESSMENT: Staff has reviewed the Initial Study, Part I, res{w ns es from Michael K. Schafer of Gil lies, Pirc, Rosier, Alves, and completed the Envi rommental Checklist, Part II of the Initial Study and has found no significant adverse environmental impacts to occur as a result of the proposed Industrial Area Specific Plan Amendment (ISPA 90-03). The Planning Commission has recomaended the issuance of a Negative Declaration. BACKGROUND AND DISCUSSION: The City of Rancho Cucamonga and the P,edevelopment . gency have started a process to develop a Sports Park complex at the northwest corner of Rochester Avenue died Arrow Ilighway. The ''ocatian and design of the proposed park requires the following adjus Unents be considered in the Industrial Area Specific Plan: The northerly portion of the park and stadium extends beyond the limfts of Subarea 8 (General Industrial) into Subarea 7 (Industrial Park). Subarea 8 allows recreational facilities such as a stadium as a matter of right whereas Subarea 7 does not. Therefore, the request is being made to adjust Subarea B CITY COUNCIL STAFF REPORT I SPA N0. 90-03 - CITY OF RANCHO CUCAMONGA OCT08 ER 3, 1990 Page Z northerly to provide that the stadium will be located to tally within a land use classification which allows for major recreational facilities. The extension of the site ncrtherly along Rochester Avenue also blocks the planned extension of Day Creek Boulevard westerly across Rochester Avenue to Milliken Avenue. Therefore, the application proposes the deletion of the Day Creek Boulevard extension between Rochester and Milliken Avenues, and the adjustment of the future Day Creek Boulevard/Rochester Avenue intersection southerly from its presently planned location. The adjustment in the Day Creek Boulevard extension to Rochester Avenue has been included in the lVnendme nt in order to prov~i de a longer/wider curve to t:he roadway as it turns westerly through a large commercial Darcel of land near the 1-15 Freeway. This adjustment would thereby allow an increased development viability to the future commercial and industrial sites east of Rochester whf le providing an aiigmae nt with the Sports Park driveway intersection. At the Planning Commission hearing, Mr. Brad Downey, an owner of p, ,,w~; t~ :^ !".^ ,rea of the street realignment voiced concern over the planned location of the street. Speciricaiiy, i.a ^: c,^^°^5^w to having all of the realigned right-of-way on his property rather than dividing its placement between his and an adjacent property Lo the south. The Commission supported the new alignment in concept but concurred with his concerns and directed staff to study alternatives to the exact pl atement of the street as it approached an intersection with the southern drive entrance on Rochester Avenue of the Sports Park. These alternatives will be forwarded to the Commission for its review prior to any final determination of its exact location. For further analysis of the Issues, please refer to the Planning Commission Staff Report and draft Minutes of September 12, 1990. FACTS FOR °1NnIN~S~ Based upor. the facts and conclusions listed above and th-' ems-arming Commission Staff Report aid draft Minof.es of Se ptemher 12, 1990, staff believes the City Council can make the following findings regarding this application: The property is suitable for the uses permitted in the proposed Industrial Specific Plan Subarea designation in terms of access and size as evidenced by the findings and conclusions of the Initial Study traffic analysis; and ~c~a CITY COUNCIL STAFF REPORT ISPA N0. 90-03 - CITY OF RAN CNO CU CAMONGA OCTOBER 3, 1990 Pa ge 3 The proposed Amendment wou16 not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions, findings, and mitigation measures of the lni tial Enviromaental Study; and 3. The proposed Amendment is in conformance with the General Plan and Industrial Area Specific Plan due to the site's capacity to promote the goals and objectives for development of a park in the location Fro posed in each document. CORRESPONDENCE: These items have been advertised as a public hearing in the Inland Val le.v Da ily Bulletin newspaper, the property was Dos ted, and notices were sent to all property owners within 300 feet of the project site. ACTION: If the City Council concurs with the Planning Commission recommendation and staff's analysis, and believes the proposed land use is preferable to the exf stf ng designation, it would be appropriate far the City Council to approve Industrf al Area Specific Plan Amendment No. 90-03 by the adoption of the attached Ordinance. Rely s~ed: BB ra City Planner BB :Aw:mlg Attachments: Exhibit - "CC1" -Area Map of Revised Day Creek Boulevard; Realignment Planning Commission Staff Report, ExAibits A, B, C, Minutes (draft), September 12, 1990 Planning Commission Resolution No. an_llg Drd iiw nce No. /~~ -_ i __ c ; J -_' .. , ~- { t j _ .. Z Z Z _ _ ~i - e_ _ / T ~~ f .ro~~r .. a_r-_ _' . '... - f ... _ _ _ _ ~-~ , ~ _ - _ ~ t _ : ^. j~~_ ~ ~ y ~ ~ _ ~ '9{p { ~ ,, ~' ~~ c i~ P j ~ ~' n I I ~ 9 ; _ 2 ; C~. f~ ~ ' Z 1~ r~~ IN~ n`L i I - -- ~__~ -- ---- frlNer rrfMRRI {tlC ~ rGG ZOI]r ACC ZOn' ~i O - -ya. --- , c i _ _ ~ ~ ~ ~ ~ ~ ~ I ' ~~ P ~„~ ,~ W r G ~ I K ~ ils~~ :f1 l l{ l ~~~ Ik r. V?> ., r-~ arty _ _ _ ~"~I~. I i Y ~ FI 3 _'{ir { 0 91 i yl i i i~E x n~ t ~ .; Y e _ s f Ye -~~ B~~ Y Y 4s i~~ 33 CITY OF RANCHO CL'CAb10NGA STAFF REPORT GATE: September 12, 1990 TD: Chairman and Members of the Planning Commission FROM; Brad huller, City Planner "o'i: Alan Warren, Associate Planner SUBJECT: ENVIRONMENTAL ?SSESSMENT ANO INDU ;TRIAL AREA SPECIFIC PLAN AMENDMENT N0. 90-D3 - CITY OF RANCHO CUCAMONGA - A proposed amendment *.o adjust the northern boundary of 5uha rea 8 on the west side of Rochester Avenue northerly 330 feet, westerly 1,065 feet, and southerly 330 feet to its present boundary with Subarea 7; delete the planned extension Of Day Creek Boulevard between Rochester and Milliken Avenues: and realign a portion of Oay Creek Boulevard east of Rochester Avenue. The purpose of this amendment is to accommodate the development of a City sports park at the northwest corner of Rochester Avenue and Arrow Highway - APN: 229-OI1-05, 06, and 24 and 229- 021-15, 20, 28, 34, 41, 42, 44, 45, 53, 54, and 55, I. PROJECT AND SITE DESCRIPTION: A. Surrm,nd i.,~ y.. ~ iv, ing' North - Vacan t, Vindu strial Area Specific Plan !IS P) Subarea 7 tIndustrial Park; East - Vacant. Industrial Area Specific Plan Subareas 7 tIndu strial Pa rkl and 8 !General Indu Striall South - Roofing and Machine Shops, Industrial Area Specific Plan Subarea 9 (General Indu stria l7 West - Vacant, Industrial Area Specific Plan Subareas 7 (Industrial Park) and 8 /General Industrial] D. General Plan Designations: Project Site - General Industrial North - Industrial Park South - General Industrial Last - Ge.^.e ral :ndu strial and industrial Park West - General Industrial and Industrial Park E, Site Characteristics: The site is level with a 2 percent gradient from north to south. The area of the proposed change is currently under agricultural production with vineyards. There appear to be no significant cultural, historical, or scenic aspects to the immediate area. ~~PJ PLANNING COMMISSION STAFF REPORT EA & ISPA 90-03 - CITY OF RANCHp CUCAMONGA September 12, 1990 Page 2 ]I. ENVIRONMENTAL ASSESSMENT: Staff has reviewed the Initial Study, Part I, respcnses from Michael K. Schafer of Gill is s, Pirt, Rosier, Alves, and completed the Environmental Checklist, Part II of the Initial Study and has found no significant adverse environmental impacts to occur as a result of the proposed Industrial Area Specific Plan Amendment iIS PA 90-03i. The impacts as a result of the Sports Park operations have been reviewed with tiga led NNative Ce~la ra Cion 6y the 'ra rk and Recreation Commission. [II. LANG USE ANALYSIS: The City of Rancho Cucamonga and the Redevelopment Agency have started a process to develop a sports park complex at the northwest corner of Rochester Avenue and Arrow Highway. The park is Lo contain a 4,000 seat minor league baseball stadium, four additional softball diamonds, two soccer fields, and an animal shelter in conjunction with ~. ,345 parking spaces. The proposal is in conformance with the General Plan and the Industrial Area Specific Plans as both documents indicate the location of a future park near Lhe intersection of Rochester Avenue and Arrow Highway. The location and design of the proposed park requires the following adjustments to the Industrial Area Specific Plan be considered: the northerly portion of the park and stadium extends beyond the limits of Subarea 8 !General Industrial) into Subarea 7 ~Indu stria! Park). Subarea 8 allows recreational facilities such as a stadium as a matter of right, whereas Subarea 1 does not. Therefore, the request is being made to adjust Subarea 8 northerly to prnv ide that the stadium will be totally located within a land use classification which allows for major recreational facilities. The land in question is right on the General Plan boundary between Industrial Park and General Industrial designations, and the City Planner has determined that the area lies within the General industrial designation. Therefore, a General Plan Amendment is not required prior to considering the Industrial Area Sperifit plan Pmendmen* applica tiro. The extension of the site northerly along Rochester Avenue also blacks the planned extension of Day Creek Boulevard westerly across Rochester Avenue to Milliken Avenue. Therefore, the application proposed the deletion of the Day Creek Boulevard extension between Rochester and Milliken Avenues, and the adjustment of the future Day Creek Boulevard/Rochester Avenue intersection southerly from its presently planned location. /!e4 PLANNING COMMISSION STAFF REPORT EA 8 lS PA 90-03 - CITY OF RANCHO CUCAMONGA September 12, :990 Page 3 IV. FACTS FOR FINDINGS: Based on the facts and conclusions listed above, staff believes the 7lanning Commission can make the following findings regarding this application: 1. The property is suitable for the uses permitted in the proposed Industrial Area Specific Plan Subarea designation in terms of access and size as evidenced by the findings and conclusions of the initial Study traffic ana iys is; anA, 2. The proposed amendments would not have 5ignific ant impacts on the environment nor the surrounding properties as evidenced by the conclusions, findings, and mitigation measures of Lhe Initial Environmental Study; and 3. The proposed amendments are in conformance with the General Plan and Industrial Area Specific Plan due to the site's capacity to promote the goals and objectives for development of a park in the location proposed in each document. V. CORRESPONDENCE: These items have been advertised as a public hearing in the Inland Va11ev Dailv Bulletin newspaper, the property has keen posted, and notices were sent to all property owners within 300 feet of the project site. VI. RECOMMENDATION: If the Planning Commission concurs with staff's analysis, and believes the proposed land use is preferable to the existing designation, it is recommended that the Plann;nn commission recommend approval of Industrial Area Specific Plan Amendment No. 90-G3 by the adoption of the attached Reso tution. Respec su ed, Brad B er City anner BB:AW/j fs Atta chmont<~ F,v,h ih;r "A" Exhibit "B" Exhibit "C" Industrial Approval - Industrial .ara Speti fiC Plan Leia tlon Maps - Industrial Area Specific Plan Amendment Ma p - Site Plan Irea Specific Plan Amendment Resolution of / cF / O v r u ~' ~ ~ C. x m c O u F Q m ~ ~ ~ F ~ U ti~ a~ r a ~ 00 • ~! C b ~~~~ ~~.T® ;~ ~$ ~~~~ a ~ ~~ ~~ ;; x ~~ . ~ ~ u L•1 W U ~~q r~ ~ ~ 1 ~ "ice/ SUBAREA .- " ~ ~~ ~ ' g~ ~.".~-t7 ./ ~-~T~--- , \ ~ ,/~ =~_-~ -,:~ ., ~ ~ ~ ~ a~ BdUNp4 y ~ ~-- , ~ ; S i~ i~ ~ -- _ , -- oF„~7~aIJ i I ~ - ~' • I~uD ~~ I ~ j~/ W ---------- iv ,~'""n~' ~ BSc i ~ ~ ~i,il~~I~I~ ~~ ~ ~ „ , ~I~10? A I ' I' i 1 I - `'~. PART' ~~ ' `~ I Ir~l ~ I \\ ~ i ~ ~~ ~ I ~ o ~~ I II ~---~ ~ ' -~ CITY OF C~~XUCAMONGA ITEM: (S O-, PLANNit+ii;- 171'~118ION TrrLE:~~~ Iy / 7o EXHIBIT: \i SCALE: bRAFT, FOR DISCUSSION PURPOSES ONLY F. ENVIRONMENTAL ASSESSMENT ANO INDUSTRIAL SPECIFIC PLAN AMENDMENT 9D-03 - •ii ur uunrrvnon - n pi uFru xu amm~mnma w uu~ua~ we our worn boundary of Subarea 8 on the west side of Rochester Avenue northerly 330 feet, westerly 1,065 feet, end southerly 330 feet to its present boundary with Subarea 7; Gel ete the planned extension of Day Creek Boulevard hetween Rochester and Milliken Avenues; and realign a portion of Day Creek Boulevard east of Rochester Avenue. The purpose of this amendment is to accommodate the development of a City sports park at the northwest corner of Rochester Avenue and Arrow Highway - APN: 229-011-05, 06, and 24 and 229-021-15, 20, 28, 34, 41, 42, 44, 45, 53, 54, and 55. Alan Warren, Associate Planner, presented the staff report. Commissioner Melcher asked why the remaining east-west portion of Oay Creek Boulevard is being moved to the south. Mr. ilarren stated he thought the move was to accommodate a second entrance Lo Lhe Fark. Brad Buller, City Planner, stated that during development of the sports complex it was determined that if Day Creek Boulevard were moved south to meet a second entrance, possible development advantages would be created for the properties to the east. Chairman McNiel stated he had not seen the new proposed park layout and he asked what changes will occur to the northern entrance. Mr. Buller stated that both inters ec tians will be signalized and the internal park layout would not drastically change with either option. uan t;uerra, ueroisbjtruerra associaces, c.i,ii ucica avenue, tiou, ieancno Cucamonga showed the location and the new aligrane nt. Commissioner Melcher felt that with only approximately 600 feet between intersections they might be too close. Barrye pia nson, Senior Civil Engineer, stated they felt it would be workable. Commissioner Tolstoy asked if the driveway going out to Arrow Route will be widened. Mr. Guerra replied that it would be identical to the original plan. Commissioner Tolstoy asked if the twa entrances on Rochester were expected to handle the maion ty of the traffic. Mr. Guerra responded that the original layout called for one primary entrance at Oay Creek Boulevard and Rochester, but the Day Creek Boulevard realignment will allow two primary entrances on Rochester. Commissioner Tolstoy asked why the City was not purchasing the parcel at the north east corner of Rochester and Arrow. Planning Commission Minutes -12- September 12, 1990 DRAh? ~ 7/ FOR DISCUSSION PURPOSES ONLY DRAFT FOR DISCUSSION PURPOSES ONLY Mr. Guerra responded that there are ezisti ng buildings and 6usi nesses on the parcel. Commissioner Chi ti ea asked if it would 6e possible to place landscaping on the parcel that is not being purchased. Mr. Guerra stated that they are proposing a 6-foot landscaping area. He said there is an existing building appro zimately IO feet back from the street, and he thought it may be possible to get approval to expand the landscaped area. C hai noon McNi el opened the public hearing. Tom Ritchie, Banks and Ritchie, 10788 Civic Center Drive, Rancho Cucamonga, stated he represented Mr. Downey, the owner of the parcel that the realigned Day Creek Boulevard will traverse. He said the realignment was requested by Hughes Investments, the developer to the east of Mr. Downey's property, and the realignment rill cause the entire 88-foot right-of-way to be taken from Mr. Downey's property. He said Mr. Downey will lose approximately ?.5 acres because of the street realignment. He opposed moving the street south. Ha felt the park entrance should not be adjacent to the older bu ildinc~s to the south. He expressed concerns regarding the traffic circulation and frlt there are potential logjams with three traffic signals in close proximity. He said he understood that the City and Hughes are currently drafting a Memorandum of Understanding to realign Day Creek Boulevard and he requested that Mr. Downey be included in the preparation of Che Memorandum. He felt the original design is a superior design. Brad Downey, 4151 A State Street, Ontario stated he has owned the pro party for 20 years. He requested that the Planning Commission look at the silo and he ~eic cney snouio not construct an entrance to the park next to a "seedy Looking" industrial area. William Stewart, 8414 La Sierra, Whittier, stated he owns the property across which Day Creek Boulevard was originally planned. He said the original location would have left him with an undevelopa ble 120 foot long strip to Lhe south of the Boulevard. Hearing no further testimony, Chairman McNi el closed the public hearir g. He asked why Day Creek Boulevard should be moved. Mr. Guerra replied that as the City's consultant for the sports complex they were initially told to align the street entrance at the northern location. He said that while they were working on the designs, Hughes approached thu City and indicated that such an alignment was perhaps not the melt desirable one. He said it was felt that the southern alignment was the best alternative. He said the location change was not instituted by the sports complex. Mr. Buller stated that Hughes had presented various options to the City regarding the realignment which would give better developoe nt opportuni tt es for not only Lhe Hughes property, but also the industrial area betwe er the Planning Commission Minutes -I B- September 12, 1990 oFtaF`i' l7a FOP. DISCl~55lnN PURPOSES ONLY 'v' R,'-n r= T FOR DISCUSSION t-JRPOSES ~"1LY sports complex and the Hughes property. He said the Suggested realignment concept would provide fora better opportunity for land developne nt. C hatiman McN iel asked how Mr. Downey would be compensated. Mr. Buller replied that with the current proposed alignment, Mr. Downey would be subject to the entire street width on his property. He said said there currently ,:s discussion with the Redevelopment Agency regarding a potential half street reimbursement. Commissi orer Mel cher asked if any thought had been give.^. to curving Day Creek Boulevard south to allow part mf it to be centered on Mr. Downey's property line, thus requiring less of the street width to be taken from Mr. Downey. Mr. Guerra responded that there were several other alignments discussed relative to Day Creek Boulevard. He said there are certain restraints on the Hughes property and Day Creek Boulevard in its current aligmment would bisect the Hughes property. He said there is an existing Southern California Edison right-of-way between Rothest er and the properties owned by Mr. Stewart and Mr. Downey. He said Edison is not conducive to anything other than a perpendicular road crossing across their right-of way and that had a large impact on what may or may not work. He stated he was not sure if that option had ever been totally discarded. He said the intent of the Amendment is to define the connection at Rochester. Paul Rougeau, Traffic Engf neer. stated that option was considered but the curvature required to make the alignment in keeping with speeds which would he desirable for a four-lane arterial street would reduce the impact on the Downey property by only a small portion. He said only about one-half to two- thirds of the street would be able to be placed on the property line. He said that Fo o;nonr;~n aei! !~:! - - ~ ,;~,;,a uie w gaging curves to the street for such a small impa ct~reducti on, but staff could explore the option further. Commissioner Melcher felt the applicant may prefer any reduction in impact. Ne asked who would absorb the cost of the additional signal which will be required. Mr. Guerra stated he thought that one of the items in the Memorandum of Understanding would provide far Hughes to absorb that cost and other incremental costs incurred in realigning the street. Chairman McNfel reopened the public hearing to ask Mr. Downey if he would prefer that Day Greek Boulevard be curved. Mr. DDwnpy ro<mrdeA that h2 •-^^Id prefer to move the entrance back up to the north because he did not feel the relocation is a desirable entrance. He said the whole reason for moving the street to the south was to accommodate Hughes and he would prefer any shifting of the street so that he would not have to carry the whale load. Planning Commission Minutes -14- September 12, 1990 oRaFr 173 FOR DISCUSSION PURPOSES ONLY DRAFT FCR DISCUSSION PURPOSES ONLY Mr. Stewart stated that the proposed alignment appears to he across the south part of Lot 107. He said the original alignment called for the split between Lots 108 and 109, and because he owns half of Lot 108, he would have been left with the 120-foot wide strip. He suggested moving the street to the center of Lot 108, which would only move it 165 feet south of the original alignment. Mr. Guerra stated that such an option was considered, but it was not readily adaptable to the sports ccmpi ex. He said the option was not seriously considered because there was not enough time to do all the analysis. Mr, Flanc9n 5ta1oA then HegneS wool" rOt want such an apticn. Chaff r:nan Mctli ei again closed the public hearing. He felt the City should look at some of the options that are available as opposed to the single option presented this evening. He asked if the Commission could continue the realignment question, but act on the subarea change. Craig Fox, Deputy City Attorney, suggested that it would be better to continue the entire matter than to act on only a portion. Mr. Buller stated that the realignment issues of who does what, when, and how are being worked out with the Redevelopment Agency and the property owners and will be settled before being presented to Cf ty Council. He stated :hat the Commission was being asked if the alignment makes sense from a land use perspective and the Redevelopment Agency was currently handling any conflicts with the property owners. Chairman McNiei stated he was concerned because there had previously been several workshops and the Commission was now being presented with a brand new site plan without adequate time to review it. He said that once the entrances m e ea iaui is lieu, ~iie yusicion of uay areex douievare will nave Deen determined and he wanted to be sure that it is done correctly. Commissioner Chi ilea agreed tha*. the Commission needed additional information to make a properly informed decision. She felt it would only be fair to those involved for the Commission to consider the matter fully. Chairman McNiei reopened the public hearing. Jeff Reesl und, SCPA Architects and Planning, 2603 Main Street, 1810, Irvine, stated he represented Hughes Investments and the William Lyon Company regarding the property to the east. He stated that Hughes loves tments is in the process of acquiring a 36 acre parcel from the Milliam Lyon Company bcunded on the east by I-15, on the north by Foothill, and on the west by the Edison right-of-way easement. He said the tnrre!It alignment would hisett the 36 acre parcel into Iwo parcels. Ne said such an split would negate development agreements with two maJor tenants because Lhey would not wish to be placed on a smaller parcel. He said that their traffic consultant felt that it would be necessary to start a curve immediately south of Foothill to meet the old alignment. He said the middle aligiment would not work because it would delete the second entrance into the sports complex. He said the Planning Commission Minutes -15- ' ~~ September 12, 1990 DRAFT FOR DISCUSSION PURPOSES ONLY FOR DISCUSSION PURPOSES vNLY distance of 660 feet between the two entrances allows two full access locations, but anything in the middle would allow only one entrance. He said there would be no opposition from Hughes to adding an "S" curve to move Lhe aligmnent further south to the east of Rochester. Chairman McN iel again closed the public hearing. Commissioner Melcher stated that he had heard that the Redevelapnent Agency is taking care of the street situation in negotiations east of Rochester, and he thought that the Planning Commission was supposed to have responsibility for street align^ents. He felt that good pl annirg invol vzs seeing the plan for re aligmnent since it differs from the currently adopted alignment. He 5a id he felt the City should not allow its own timing needs to drive the alignment of the street without respect for surrounding properties. Mr. Buller explained the critical timeline for the sports complex and asked, if the only opposition was with the realignment, that the Commis sign move forward with the remainder of the request. He stated that perhaps the City could readvertise the matter if necessary. Mr. Fox stated it would be possible to act upon the Resolution if the references about the realigmnent were removed. Mr. Buller suggested that the Commission table the matter to allow time for consultation with the Community Services Of recto r. Chairman McNiel replied that the Commission had not previously seen the proposed changes and he was not comfortable with the changes. He said the project needs to be right. Cu~nniaaiuner ioi stoy nett coat wn to cne mnformatr on supplied the Commission could not make a prudent decision. He stated he would like to see a graphic showing the proposed alignment from the freeway all the way to the sports park. Commissioner Chi ti ea suggested that the item be tabled to allow time to revise the Resolution. She said she fully supported the changes to the subareas and she was willing to separate the issues. [L was the consensus of the Commission to table Lhe item until later in the evening. R R R ! 1 DRAF'i' FOR DISCUSSION PURPOSES ONLV Planning Commission Minutes -16- ` September 12, 1990 ~.-7 DRAFT FOR DISCUSSION PURPOSES ONLY F. ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL SPECIFIC PLAN AMENDMENT 90-03 C hai nnan McN iel recalled Item F. Mr. Buller discussed the alignment of Oay Creek Boulevard and showed exhi6i is provided by Mr. Schultz. He suggested that if the Commission were still concerned with the alignment, that they consider the vacation of the street west of Rochester and the subarea boundary change and either recommend denial of the alignment or withdraw that portion for possible future reconsideration. C hei ^^.an McHie'. stated he would like to see what other options were considered. Mr. Buller showed drawings of the other alternatives considered. He stated that staff would not recommend the alignment between the Stewart and Downey properties because there would be no opportunity to have a second entrance to the sports park. Commissioner Mel cher suggested moving the southern alignment by offsetting it gradually 44 feet to the south. He said that regardless of the eventual alignment to the east of the property, he felt the southern intersection would work and he no longer felt it was necessary to defer action. Commissioner Chi ti ea asked if the upper drive would be eliminated, and if not, if both entrances would be signalized. Mr. Buller responded that it would remain. Chai ~nan McNi el asked if both entrances need to be signalized. rir. nougeau responded off irmatf vel y. He said left hand turns would only be permitted at the northern access. Commissioner Tolstoy asked if problems were not anticipated with people attempting to make left turns into the southern ent ranee. Mr. Rouge au replied the entrance would have signs. He said that generally there is not a major violation problem at intersections. Commissioner Tolstoy stated he felt more comfortable wi~:h what was presented. Chairman McNtel and Commissioner Melcher agreed. Commissioner Chi ti ea felt that Commissioner Melche is suggestion should be considered. Mr. Hanson stated that it would be possible to exit the park perpendicular, but then go through a series of curves Lo the east. He said the curves would be substantial and would not be that much of a gain for Mr. Downey. bRAFT FOR DISCUSSION PURPOSES ONLY Planning Commission MTnutes -19- September 12, 1990 ' 7CP fl~FT FOR DISCUSSION PURPOSES ONLY Mr. Buller stated the Resolution does not state exactly where the alignment of the street will 6e; it only indicates where the intersections will be located. Me said the Commission could direct s*_aff by Minute action to study where the street should fall. Commissioner Chi ti ea felt that would be appropriate. Commissioner Melcher concurred. Commissioner Tolstoy agreed, but felt it would be better Lo have a straight stroer }ha„ ro fry *_o curv> it. Commissioner Chi ti ea felt such a di rection would give staff flexibility to determine which would be the best layout. Chairman McNiel reopened the public hearing. Mr. Re eslund stated he would have no cbj ec tions to working with Mr. Oown ey and staff regarding the refinement of the alignment so long as the south alignment were approved. Mr. Ritchie stated their concern was the same as the Commission's. He said there were at least three different p•o pos als presented this evening for the first time. He said they had been unable to participate in the discussions. He felt the Redevelopment Agency should condemn the northern 40 feet of the old building on the south there would he no problem, because the burden would be equally shared by the property own e~• to the south and Mr. Downey. Ne felt the one grand entrance to the north would be preferable as opposed to Lwo signalized entrances, with one adjacent to an unsightly older boil df ng. ". $i.ewmL as 6eu it ~iie road were moree to the upper corner of the sports complex if the radius would be too tighl~.. Mr. Rou geau responded affirmatively. Choirman McNiel again closed the public hearing. Motion: Moved by Chi ti ea, seconded liy Tolstoy, to adopt the Resolution recommendi rig approval of Environmental Assessment and Industrial Specific Plan Amendment 90-03, with Minute attion to work out the details of the alignment. Motion carried by the following vote: RYES: COMMISSIONERS; CNITIEA, MCN[EL, MELCNER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NEINBERGER -carried •**RR DRAFT FOR DISCUSSION PURPOSES ONLY Planning Commission Minutes -20- September 12, 1990 '7~ RESOLUTION N0. 90-116 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT N0. 90-03 TO ADJUST THE NORTHERN BOUNDARY OF SUBAREA 8 ON THE WEST SIDE OF ROCHESTER AVENUE NORTHERLY 330 FEET, WESTERLY 1,065 FEET, AND SOUTHERLY 330 FEET TO [TS PRESENT B OUN OARY KITH SUBAREA 7; DELETE THE PLANNED EKTENS ION OF OAY CREEK BOULEVARD BETWEEN ROCHESTER AND MI L!.IKEN AVENUES; ANO REALIGN A PORTION OF DAY CREEK BOULEYARD EAST OF ROCHES7ER AVENUE, ANO MAKING FINDINGS IN SUPPORT THEREOF - APN: 229-011-05, 06, AND 24 ARO 229-021-15, 20, 28, 34, 4l, 42, 44, 45, 53, 54, AND 55, Recitals. (i) The City of Rancho Cucamonga has filed an application for Industrial Area Specific Plan Amendment No. 90-03 (IS PA 90-03~ as dezc ribed in the title of this Re so lu tien. Hereinafter in this Resolution, the subject Industrial Area Specific Plan Amendment is referred to as "the application." !ii) On September 12, 1990, the Planning Commission of tha! City of Rancho G!camonga conducted a duty noticed public hearing on the application. !iii) All legal prerequisites prior to the adoption of this Raso iu tion have occurred. NON, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. This Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commnission during the above-referenced public hearing on September i2, 1990, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: (a) The application relating to the Subarea R toundary adjustment applies to aDDroximately 8 acres of land, basically a rectangular con figu ra i:ion, iota Lea on Lhe west "side Uf "n4C heifer AYeime, apprpxipia tely 1,300 feet north of Arrow Highway and is presently undeveloped with existing vineyards. Said property is currently designated as Subarea 7; and 178 PLANNING COMMISSION RE UTI ON N0. 90-116 IS PA 90-03 - CITY OF RIvwCHO CUCAMONGA September 12, 1990 Page Z ib} The property to the north of the subarea adjustment is designated Industrial -Area Specific Plan Subarea 7 and is undeveloped with vineyards. The property to the west is designated Industrial Area Specific Plan Subarea 7 and is undeveloped with vineyards. The property to the east is designated Industrial Area Specific Plan Subarea 7 and is undeveloped with vineyards. The property to the south is designated Industrial Area Specific Plan Subarea 8 and is undeveloped with vineyards. !ci The application relating to the deletion of the Day Creek Boulevard extension applies Lo approximately .73 miles of planned roadway between Rochester and Milliken Avenues; and the realignment of Oay Creek Boulevard applies to approximately .28 miles on the east side of Rochester Avenue. !dl This amendment does not conflict with the land Use Policies of the General Plan and will provide for development within the district in a manner consistent with the General Plan and with related development; and !e! This amendment promotes the goals and objectives of the Land Use Element and the Industrial Area Specific Plan; and (f1 This amendment would not be materially injurious or de trimen tat to the adjacent properties and would not have a significant impact on the environment nor the surrounding property es. 3. Based upon the substantial evidence presented to this Commission during the above-referenced public hearing and upon the specific findings of fa as set fn rfh in na ~,C.~~,.t ! _.,. _' aJ7., ...t5 Cununi»ion Be reoy it nds and concludes as follows: !al That the subject property is suitable for the uses permitted in the proposed district in terms of access and size, as evidenced by the findings and conclusions of the Initial Study traffic analysis; and rbl That the proposed amendment would not have significant impacts on the environment nor the surrounding properties a5 evidenced by the conclus ions, findings, and mitigation measures of the Initial Environmental Studv; and +c} That the proposed amendment is in conformance with the General Plan and Incustrial Area Specific Plan due to the site's capacity to promote the goals and objectives for development of a nark in ±he lcta`ia- yrUposPd 1i1 P}th ACrv nient• 4, This Commission hereby finds that the project has been rPV~PwP^ and considered 'n compliance with the California Environmental Quality ~~' if 1970 and, further, this Commission hereby recommends issuance of a Nr^~• ~~ Declaration, X79 PLANNING COMMISSION R' LUTION N0. 90-116 IS PA 90-03 - CITY OF k~dCHO CUCAMONGA September 12, 1990 Page 3 5. Based upoh the fi ndfngs and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby resolves that pursuant to Section 55850 to 65855 of the California Government Code, the Planning Commission of the City of Rancho Cucamonga hereby recommends approval of Indu striai Area Specific Plan Amendment No. 90-03 on this 12th day of September, 1990, 6. The Secretary to this Commission sha 11 certify to the adoption of this Resolution. APPF.OVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 1990, PLANNING COMM1SS10N OF THE CITY OF RANCHO CUCAMONGA BY gTTEST: I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and ,may„;;,; l~ ;-tr~n~~~oe_ nasAad, and adopted by the planning Commission of the City of Rancho Cucamonga, at a regular meeting or cne iiann ...y C. ,.;,. ,. .. r. "^~" nn the 12th day of September 1990, by the following vote-to-wit: AYES: COMMISSIONERS: CH[TIEA, MCNIEL, MELCHER, TOLSTOY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NEINBERGER ego ORDINANCE N0. '~~ AN ORCI NAN CE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT N0, 90-03 TO ADJUST THE NORTHERN BOUNDARY OF SUBAREA 8 ON THE WEST SIDE OF ROCHESTER AVENUE NORTHERLY 330 FEET, WESTERLY 1,065 FEET, AND SOUTHERLY 330 FEET TD ITS PRESENT SOUHCARY WITH SUBAREA 1; DELETION OF THE PLANNED EATENSI ON OF DAY CREEK BOULEVARD BETWEEN ROCHESTER AND MILLI KEN AVENUES; AND THE REALIGNMENT OF A PORTION OF DAY LREEK BOULEVARD EAST OF ROCHESTER 0.VENUE, AND MAKING FINDINGS IN SUPPORT THEREOF, A. Recitals. (i) The City of Rancno Cucamonga has filed an application for Industrial Area Specific Plan Wnendment No. 90-03 (ISPA 90-03) as described in the title of this Ordinance. Hereinafter in this Ordinance, the Subject Industrial Area Specific Ptan Amendment is referred to aS "the applica Lio ~." (ii) On September 12, 1990, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above-referenced Industrial Area Specific Plan Amendment. Following the conclusion of said public hearing the Planning Commission adopted Resolution no. 5G-IlC, :~^roa~ recommending Lhat the City Council adopt Indus tri ai Area Specific Ptan Amendment No. 90-03. {iii) On October 3, 1990, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing and concluded said hearing prior to its adoption of this Ordinance. (iv) All legal prerequisites prior to the adoption of this Ordinance have occurred. 8. Ordinance. The City Council of the City of Rancho Cucamonga ordains as follows: Section 1: This Council hereby specifies and finds that all of the fads se~r!h'in the Recitals, Part A, of this Ordinance are true and correct. Section 2: This Council hereby finds and certifies that the proyett has been re vi erred and considered in compliance with the California Environmental pualfty Act of 1970, and further, this Council hereby issues a Negative Declaration. /Vf CITY COUNCIL ORDINANCE N0. I SPA 90-03 - CITY OF RANCHO Cll CAMON GA OCTOBER 3, 1990 Page 2 Section 3: Based upon the substantial evidence presented to this Council during the above-referenced public hearing and upon the specific f findings of facts set forth in sections 1 and 2 above, this Council hereby finds and concludes as follows: (a) The application relating to the Subarea 8 boundary adjustment applies to approximately 8 acres of land, basically a rectangular wnfiaurati on, located o^. the west side of Rochester Avenuz, approximately 1,300 feet north of Arrow Highway and is presently undzvelc ~_d with existing vineyards. Said property is currently designated as Subarea 7; and (b) The property to the north, east, and west of the suha rea adjustment is designated Industrial Area Specific Plan Subarea 7 and is undeveloped with existing vineyards. The property to the south is designated Industrial Area Specific Plan Subarea 8 and is undeveloped with existing vineyards. (c) The application relating to the deletion of the Day Creek Boulevard extension applies to approximately .73 miles of planned roadway hgtween Rochester and Milliken Avenues; and the realignment of Day Creek Boulevard applies to approximately .25 miles on the east side of Rochester Avenue. (d) This Amendment does not conflict with the Land Use Policies of the General Plan and will provide for developnent within the district in a manner consistent with the General Plan and with related development; and (e) Ihat Lne eu u~ECt pro^,^^ty is suitable for the uses permitted in the proposed district in terms of access and size. as eviucaxC b, Lne findings and conclusions of the Initial Study traffic analysis; and (f) That the proposed Amendment would not have significant impacts on the environment nor the surrounding properties as evidenced by the conclusions, findings, and mitigation measures of the Initial Environmental Study; and {g) That the proposed Amendment is in conformance with the General Plan and Indust rt al Area Specific Plan due to the site's capacity to promote the goals and objectives for development of a park in the location proposed in each duc anent. Section a; Based on the findings and conclusions set forth in sections I, 2, and 3 above, the city Council of Rancho Cucamonga hereby approves industrial Area Specific Plan Amendment No. 90-0-s to change the subarea boundaries and circulation system as follgws: {a) Adjust the northern boundary of Subarea 8 on the west aide of Rochester Avenue northerly 330 feet, westerly 1,065 feet and southerly 330 feet to its present boundary with Subarea 7; and /~ CITY COUNCIL ORDINANCE N0. I SPA 90-03 - CITY OF RANCHO CUCAMON GA OCTOBER 3, 1990 Page 3 (b) Delete tihe planned extension of Day Creek Boulevard between Rochester and Milliken Avenues; and (c) Realign the portion of Day Creek Boulevard, east of Rochester Avenue, mid-way between its planned location and Arrow Highway. S ec Lien 5; The r:.y ree.k shall ~..<sy the aAOpa o. ~F th;g Ordinance and shall cause the same to be published within fifteen (16) days after its passage at least once in the inland Valle Oail Bulletin, a newspaper of general circulation pu hl fished in the City of ntario, Ca ifornia, and circulated in the City of Rancho Cucamonga, California. /83 - C[TY OF RANCHO CLCAMONGA STAFF REPORT DATE: October 3, 1990 ~-~ T0: City Council and City Manager FROM: Shintu Bose, Deputy City Engineer BY: Betty A. Miller, Associate Engineer SH&IECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 14192 - HIX pea o ann ng amwt ss on s s on requ re e undergrounding of utilities and the construction of street and story drainage improvements beyond the project boundaries fora residential subdivision of 65 single family lots on 19.7 acres of land located south of 19th Street between Hellman Avenue and Naethyst Street to the Low Residential District - APN 202-051-12, 14, 40 and 44 The applicant has requested an addltionlal tyro week continuance. Nts letter is attached. Staff has had one meeting and several discussions with the applicant. Ne understand that he is stuQying the dovmstream drainage situation further in hopes of proposing alternative mitigation measures. Staff recommends granting the continuance. Rwcnwrtfnlly ndrTllwA s~A:.~, ~ SB:BAM:,jk Attachment HIX DEVELOPMENT CORP TEL No.734-592-5010 111 HIX DEVELOPMENT' CORP. September al, 1990 City of Rancho Cucamonga city c1erK 10500 Civic Center Drive Rancho Cuoamonga, California 91730 RE: City Council agendn October 3, 1990 Appeal of Conditions for TTSCt X14192 Gentlemen: Sep 21.90 13:41 No,002 P.02 Thie Setter is to request a tmo week oontinuanoe. This time So needed to lurthar study, meet with etslt and try to resolve the items rtated in our appsal. Thank you for your cooperation. Youfe'!trul~y~, ~~ rnut H, Hi f1~~• president EHHtje eo: esrry Hansen, Enginaerinq X85 art , _ ' ~ .,_ ..• - CITY OF RANCHO CUCAMOiJGA STAFF REPORT DATE: October 3, 1990 T0: Mayor and Hembera of the City Council FROHS Duane A. Esker, Aee ietant to the City Manager SUBJECT: B00 N95 R6I1®01188h®T RB.ROLOT2~ R2C0®eDdat lOA Staff reconmende that the City Counell adopt the attached resolution indicating the Ctty'e intent to 6e ra ialbursod for certain costa aescclated with the 800 M3z radio system from x proposed financing to take place Ln the near future. Background At the direction of the City Council, atnff has been working over the poet two veers to implement 800 MNZ radio compunicatlone in the City consistent with the communication system being implemented in the west end and county-Wide. Ae a result of this work, the City has become a member of the West End Comounicatlone Joint Powers Authority and the Neet Snd Communlcat lane Pinancing Joint Powers Authority. The Authority has negotiated final contracts with Motorola Incorporated to start nn..eY r..nli n.. •nA l..eY~11 ~Y,nn nf_ •1... _r •Al.. .. . _... .. .. • .... .. r ~~ payments are now coming due. The City's initial payment ie $86,163. As has been diecu seed in the past, it has been the Clty•e intention to finance the E00 HHZ project rather than pay for it all at once from the general fund. While the proposed financing has not yet taken place, the attached resolution will ensure that the owney paid by the City for this initial installment can De reimbursed out of the proceeds of the financing. Thle inlt ial payment will come out of the $200,000 budgeted by the City Council to the current year budget under Account /01-4285-6020. tteepectfully submitted, / ~ Duane A. Baker ANeieiant to the Clty Manager OAB/tlr DAB:511 Attachment / 4/ RESOLUTION N0. 9 ~~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, PROVIDING THAT PAYMENTS MADE BY THE CITY IN CONNECTION WITH THE PROPOSED 800 MHZ COP4AUNICATIONS PROJECT ARE TO BE MADE IN ANTiCIPAT ION OF REIMBURSEMENT FROM THE PROCEEDS OF A PLANNED FINANCING TO BE ACCOMPLISHED BY THE CITY ANO AUTHORIT ING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO WHEREAS, the City of Rancho Cucamonga (the "City") is proposing to pro teed with a financing (the "Financing"), and in connection therewith, the City proposes to finance the acouisition of certain components required for a 800 MHz communications project, generally described in Exhibit "A" attached hereto and by this reference incorporated herein (the "Project"), and wishes to assure that amounts expended for the Project may be reimbursed from the proceeds of the Financing; and WHEREAS, it is in the pu 6lic interest, for pubUc benefit and in furtherance of the public purposes of the City that the City Council provide preliminary approval of the Financing for the aforesaid purposes. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, order and resolve as follows: SECTION 1: The City hereby declares its intent to pra teed with a Financing in a pri rcipal amount of not to exceed Two Million Ooilars (52,000,000.00) for the purpose of acquiring and installing the Project. SECTION 2: The City hereby declares its intent to use proceeds of the Financing to pay for costs of the Project which are incurred after completion of the Financing as well as to reimburse the City or others for amounts paid or incurred for the Project or the Financing prior to completion of the Financing. SECTION 3: The City hereby determines that it will take all action necessary or advisable in connection with the Financing. SECTION 4: The payments to be made by ?he City with respect to the financing will be an obligation payable from any legally available funds by the City. SECTION S: The Financing shall be upon such terms and conditions as J ~ ih2 ~ '^d ^huli I'..^. ^"hj orf fe mnl oti n(1 inay be iu bie yu2iSiy u'abci 6ii neu uy „ity .. ~~ ,. Ce...r of proceedings therefore. SECTION 6: The proceeds of the Financing shall fricl ude such related and necessary a very costs, administrative expenses, debt service reserves and interest payments as may be required to accomplish the Financing successfully. I~7 Resolution No. 90-*** Page 2 SECTION l: The City Council of the City of Rancho Cucamonga hereby finds that the adoption of this Resolution is :. substantial inducement to the City and others to expend amounts for the Project and the financing in advance of the Financing, and that the Project will further the public purposes of the City. SECTION S: This Resolution is adopted solely for the purpose of assuring that the exclusion of interest paid with respect to the Financing for federal income tax purposes will nat be adversely affected by reason of the use of proceeds cf the Financing for the reimbursement of rosts paid or incurred in advance of the Financing, and the action of the City Council it adopting this Resolution shall not vest in the City or in others a right to require reimbursement in the event that the City Council, in its sale discretion determines, in the course of proceedings for the Financing, not to reimburse for costs paid or incurred in contemplation of the Financing. /g8 Resolution No. 90-*** Page 3 f XHIB IT "A" An 800 Megahertz Radio Communication System including primary transmitters, receivers, microwave links, computers, software, base stations, mohile radios, hand- held radios, antennas, wiring, and related equipment. Said conanunication system is to provide radio and communication service to the City's public safety and general government operations. X89 - CITY OF RANCHO CliCAMONGA STAFF REPORT DATE: October 3, 1990 To: Mayor and Members of the City Council PROM: Duane A. Baker, Assistant to the City Manager SUBSECT: CONBIDERIITIOM OF COBTRIBDTIOM 10R ADVBRTIBE PDBLICATIOY OM YIBBIMfl ABO ABDBBD CBILDBBM The City has received a request from the San Bernardino County Sheriffs Association to purchase an ad in their publication entitled "TOmmy~s Gone: the Truth About Missing and Abused Children." The ad would be business card size and would cost approximately $175. This publication is being printed by the Association and will be given to every school and library in the County. The purpose of the publication is to help educate and raise awareness about the tragedy of missing and abused children. If approved, the expenditure would come from the Special Projects Fund 01-4122-6028. Respgetfully submitted, i Duane A. Baker Assistant to the City Manager DAB/tlr DAB:51? /90 CITY OF RANCHO CUCAMONGA DATE: October 3, 1990 STAFF REPORT T0: City Council and City Manager FROM: Shlntu Bose, Oeputy City Engineer BY: Pout A. Rougeau, Traffic Engineer SUBJECT: Consideration of Installing street name signs at cul-de-sacs which abut mayor streets. RECOMIEtDATIOM: It is recommended that this type of sign be installed at about 14 locations in the Victoria Nindrows area to test public reaction. If no adverse results are obtained, future capital improvement budgets can include funds for installing signs at the remaining approximately 140 locations citywide over the next 3 years. BACK(;<tOUND The City Council considered this subiect on July 18, 1990 at which time it was approved in concept and sent to the Public Norks subcoamittee for further consideration of details. The July 18, staff report 15 attached for your information. Members of the subcoawittee met and developed guidelines for the use of the signs, considering camaents from the City Council and community street design. CONCLUSION ~a "" ^~"~C.''. t;:;.t uF - - meiv vc iu5 i.o11eJ u -ce-SaC 15 .,i yuS o~ Illy Rlaa'C lf,C GUI visible from the minor street, whether or not pedestrian access is possible. The signs shoul4 be standard street name signs with black numbers, but only the minor street would be identified, not both streets as at a regular intersection. It was found that upcoming projects, while required to include these signs as directed on July 18, would not provide enough iocatlons soon enough to be of value as a test of the idea's merit. The area chosen for the initial trial includes the neighborhood of Mr. Sturman, the resident originally bringing this to the Council's attention. Also, the tnTttai lnstallatlon of about 14 signs wail not cover the entire Ylctorla Nindrows area because to do so would unduly impact this year's sign maintenance budget. There 1s a total of approximately 150 existing streets to be provided with i:hese signs. Beginning in 1991/92 the remaining signs could be installed over a three year. ~ riGA~ ReQsp~ect~fullyp submitted, iyf"'vri+ /d'~~ SB:PAR:Iy Attachment - 7-18-90 Staff Report (agenda pages 187 to 189) Index Map News Article _ - CITY OF RANCHO CUCANONGA STAFF REPORT _ DATE: July 19, 1990 T0: C1 ty Council and City Manager F'tOM: Russell H. Maguire, City Engineer gY; Bob M. porter, Assistant Engineer ~ SUBJECT: Installation of street name signs at the terminus of col-de-sac's which abut mafor streets i RECOMMEMOATIOM: It is recommended to Improve identification of future cui-de-sacs which abut mafor streets and that public Improvement standards be revised to require that additional street name signs be installed where cui-de-sacs abut mafor streets. BACKGROUND At the June 6, 1990, meeting of the Rancho Cucamonga Fire protection District, this matter of additional street name signs to identify cui-de- sacs which abut major City streets, was discussed, with a request for additional informaN on, Including 1n Wt from other em•rg•n~y <.r~•!c^-, ..,.~,„at;.e> nnu cost impecis. ANALYSIS The three emergency service providers were contacted for input and comments. All indicated that any form of additional signing would be 6eneficlal when responding to emergency calls. The Fire protection District points out, however, that its units make extensive use of maps and previously estaDllshed quickest response routes. By these means, a neighborhood 1s usually entered prior W Lhe abutting cui-de-sacs being passed. This is shown 1n the attached report presented tq the Ftre Board on June 6. The report states Lhat the subject signs would have a minimal benefit to Fire District responses. The ambulance ierY!C! gets the Wools bf the nearest major LFGii itreet tram toilers and also uses maps in responding. This service does 6e11eve that the subject slyns would be heipfui because response 1s often not from a central point. ~ / 9~ CITY COUNCIL STAfF REPORT JULY 19, 1990 PAGE 2 Simttarly, the Pa11ca view is that such signs would aid in finding destinations because of the single officer often in a car and the need to respond from anywhere in the City. In this rase, directions from the dispatcher can't easily be given. Also, it was pointed out that the Police recelva many more tai s per day than the Other servtces, sous often have several cars enroute simultaneously. A ma,ygr question arises regarding the extent to which abutting cul-de- sacs shoulq be considered far signs. The types of such streets encountered include the following: A. street open to pedestrian traffic B. street visible but closed to pedestrians C. street ciased with a block wall In addition, the character of the street adyacent to the cul-de-sacs should be considered. where Parking is peneltted, street signs could cause an increase 1n parking on the mayor street, creating a nuisance, but no danger. If the mayor street has parking prohibited, there could be an increase 1n illegal parking, creating a hazard and an eMorceewmt problem. In Doth cases, the signs could encourage Left turns Into the curb a4 night. RECOMIENOED SIGNS ;i this type of signing is t0 be used, it is recommended that only cul-de-sacs where the street is visible De signed. Nhere block walls exist, such signs would not only be confusing to drivers but could result in resident demands for such signs even where house tots are between the cut-de-sac and the mayor street. A second type of slgnlnyy has been discussed, it would De a directory, with a scaled map identifying the various streets within the /maedlate area. This type of sign is benafid al in appaartment or condominium pro,yects where the nelghborMiod 1s defined and 1taHted and then is roam to safeiy stop and reed the sign. On a public strea4, this type of sign has a number of drawbacks. Among these drawbacks are sloe, as it would have to be large enough to be read tram a distance; and location, as it would be best placed on a side street, off of t~avtly traualefl <_treats, giving sufficient area to step and read the directory. it could not De installed on residential streets with front yards aM driveways. Finally, in an area with public stroets, there would seldom be a single entrance with a limited and well-defined area where such a sign would be useful. the large number of signs required for the whole City would be proMiDitively expensive. Thfs type of sign is not recamAended on public streets. ~ X93 CITY COUNCIL STAFF REPORT JULY 18, 1990 PAGE 3 Minor revisions of public Improvement standards would assure installation of street name signs 1n new developments. The other consideration would be retrofitting these signs to established areas throughout the City. An estimate of the number of established cul-de-sacs where these signs could be installed is approximately 150. qn es tl mated cost of (100.00 per installation would total (15,000.00. In conclusion, rtic ins tallatior. of these si^yns wauld further assist emergency services and the general public. N1th the addition of these signs to pro,~ect plans, they will be installed automatically with new development. There are na provisions 1n the current budget to fund the installation of these signs 1n esta611shed sections of the City, thus the City Council would have to authorize addition of the work to the budget. Respectf uGnitted, ~~ RHM:B :sd Attachment /9~ iG ~~ PQ~K ~,,,Q, Rancho Cucamonga his home is iost in the Br Olin VUywrCabrN Bullelln Snll Wrllar He d«m't live in outer Mongolic, but Rey Sturman rays h< miel,t u wen, mvice neovdy un IIW Na houN enTh< men of etr.eu end cW~de race 'n Re ncho Cunmange'e YIc10Oe homing eruct un meFe d diRnult for visiwra avd <merg<pcy germinal u find Sturman end hie Aouu t IRMO Lily Court. LiIY Cvurt is • <W~de sac that bnr den South Vi<wria Windrawa Loop, one of tlu plamed commmity:main rlrnY. cut eeybody driving slang the Imp woWdn't know .hich ntrat le Stw~ may i becauu there u< no aigw at that end of the roadway, Lily Court d«a not mnt South Vicbria Wlo~ drown Loop, i[ b¢Ye on b it. Iv order to mire LL Lily Court, < prwv would hue u drive uomd awhila "if theyncd It all," he uid. ^u tF.rrr wools n.r. nnn rign there, there would h no Drablem:' JtYImIn •eid '76ie eil~eYrinn ..I h. em a u{v ie c:u<iel " Cily leR members ere nv,ewinq the mrert agnq< edwhon and well pp . their recommendahom to the Clty Ceu«il on July IB, uid Ruuell MagW re, city enginnr. Bwnun the ul deaw i> not e lluvu{h arrest. Mapuhr mwt try b 6vd • wlukon thin wlru tb prob. Io and gnu t muu another. A utgvv mold be pk<ed n the end of the culd<w< bang 5euth Vi<lom Wlvdrowe Lop, but nmew< then : v dLwt aa>en erecting indi+idud lia~{ ~IIc~M lA Ymlde~uo in rib n<e evmewherr an the maiv then eughluq "but Ihere: only w meo) thing • Anon can reed whin hush 'get ZS b JS mile ao how;' Magnin uid Bu( Sturman hlinu wmethin{ mwt br door On wvenl «<uiow, he uid, he hu celled emergency prwonel end uen thine <m nd tncYa pen hintreet on the loop ridq crop nd then double beck q iv, evd firelly dries ova IM gravy uea b gel b Lily Court "One a1 Neu dq~e wmebady may nav. a Heart snack end IFe reep;:x of the hck of greet aipu. 6e uid. e heir ~en1d "b here • and promo v5mrman belie.n anY eul de uc Inn rbuu r moor rtreet should M idemifed dent the thorou{hran wnh r r,tn pm Rancho Cuomonp Fire Pro tmtivn Outri<t omciab uid addition el ugu would only minimally 4neR! man says city emel`tmq rerpnn plrwnnd. th<cit HronL<hi hwew ud turfy Y t y end eddreu ryaum ngWUly. mid Fin thief L. trenni. Mir A..1 •.A n6 mope u< updsW a"en hvwi.{ end i dwtrid projerk mmpleted. "Ow mn~pin6 technician u ro uid lY. em v mappivt' Michael gut he admitted the veei street ryaum can M u rordwing far omen {eery ~erwvwl u I! k fu rui'unu he uid, pro d u Mercy he Sav per He Mli•va the bhyAnlh of menu In Victoria wmetimn makaa It dJn. <We r« emrrew<r prrwmd en nna their wry b houua, but uid tb pr,.nlem ie beiv{ edd.•nsd "u `sae •+Jim McNithob, diepakh caper+iwr for Mercy Ambulance Servin. uid «h nuhm{nlbe di [pakher dwrya ub for the nnnm row ahnl, b betur pm int the Imntivv. "So we know the ambWann crew is ImYio{ a ehr same thing u the ditpakhei' he uid. "And we'n Bing. log op the uma ahnt of mwlC' Sra 910N9rBJ /9~0 r ••• ..o.,~„v ev~ruv~rywe vmmna cammumry mgza of MipnbOrhaod alnala. ----- CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: October 3. 1990 ~i'O: Mayor and Members of the City Council FROM: Deborah N. Brown, Mayor Pro-Tem Pamela J. Wright, Councilmember BY: Linda D. Daniels, Deputy City Manager SUBJECT: RECOMMENDATIONS FOR NAMING OF THE CONFERENCE ROOMS IN THE CIVIC CENTER BUILDING e~iL~~ In July 1990, the City Council directed a subcommittee made up of Councilmembera Brown and Wright to recommend names for seven conference rooms that are used by both the City and the public for meetings. These seven rooms are: l Inn f_p_ ____ ____ _i a__ V+ Y4.. 2. community meeting room off the lobby on the plaza level; 3. Conference room used by Council during public meetings; 4. Conference room used by staff during public meetings; 5. Conference room between the Mayor and City Manager's office; 6. Conference room on the upper level across from Council offices; 7. Conference room on the upper level which faces the west Lek rdv'0. The subcommittee requested input from the Historic Preservation Commission as to possible names for the seven 'rooms in the Civic Center. The Historic Preservation Commission recommended names in the following areas: historical communities, historical persons from each community and citrus packing labels. NAMING OP CONPERSNCS ROOMe October 3, 1990 Page 2 The subcommittee has met and reviewed the names provided by the Historic Preservation Committee as well as others that they have researched. The following are the recommended names for the conference rooms. The numbers correspond to the list of rooms identified above. 1. A.C.E. (Alta Loma, Etiwanda and Cucamonga) 2. The Rains Room 3. The De Anza Room 4. The Serrano Room 5. The Tapia Room 6. The Prudhomme Room 7. The Rancho Room The subcommittee recommends these names because they not only recognize names of families which settled in this area but also the various eras of history that make up Rancho Cucamonga. For instance, the Serrano Indians were the ~,_ __ _ _ o., u :. ..L .°.j.1: ~..:.~.. the area then began~iny1776 withTDe Anza first surveying the land. In 1830 the Tapia family settled in the area, and soon after, the Spanish land grant for the Rains family was established. The daughter of Dona Merced and Jchn Rains then married Mr. Prudhomme and the brand that had been used by the Rains' was inherited by the Prudhomme family. After the Rancho era, the areas known as Alta Loma, Cucamonga and Etiwanda were established. Alta Loma, previously referred to as the Cucamonga Homestead, started its population growth in the 1880's with the introduction of water. by Isaiah Hellman. In 1913, the name of Alta Loma was established. Etiwanda Colony Lands was laid out in 1882 by the Chaffey brothers and evolved into the community of Eti- ..a..^.da. Th--e -- ~~.--_1 the.--oe nY vh--~ tFe ~, Cucamonga came from, some say from a similar sounding Indian name which the Spanish used when settling in the area which eventually evolved into the Cucamonga Fruit lands after the demise of Mr. Rains. "ACE" was the common reference to this area prior to incorporation. It has been used to differentiate such things as the different girl scout and soccer regions as well as by residents visiting and living in the area. ' /~