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Home My WebLink About1984/11/07 - Agenda PacketL I Lions Park Community Center 9161 Ease Line goad Rancho Cucamonga, California November 7. 1984 - 7.30 0 ■ All items submitted for the City COmm ms cil Ages" st be in witima. The deadline for submitting these item, is 5:00 p.m. on the Wednesday prior to the meeting. The City Clark's Office receives all such items. 1. CALL TO OOOS A. Pledge of Allegiance to Flag. B. Roll Call: Wright _, Buquet Mikels Dahl _, and King C. Approval of Minutes: September 19, 1984 October 29, 1984 T AOO�/pRRROPA M A. Wednesday, November 14, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Community Center. B. Thursday, November 15, 1984, 7:30 p.m. - PARK DEVELOPMENT COMMISSION, Lions Park Community Center. C. Presentation of City Plaque to Nacho Gracia for his outstanding dedication and service as a amber of the Advisory Commission for the City of Rancho Cucamonga, City Council Agenda -2- November 7, 1984 0 3. CORMW CALBO U The following Consent Caleadar items are expected to be routine and 002- controversial. They will he acted upon by the Council at ome time without discussion. A. Approval of Warrants, Register No's. 84 -11-07 and 1 Payroll ending 10/27/84 for the total amount of $722,693.41. B. Alcoholic Beverage Application go. AS 84-23 for On -Sale 8 Beer 6 Wine Bating Place License, Mark Davidson and Georgie Gray, 10134 Foothill Boulevard. C. Forward Claim (CL 84 -23) against the City by Scherry 10 Ann McPherson, auto accident on June 7, 1984, on Sapphire Street, near its intersection with Viunar Drive. D. Forward Claim (CL 84 -24) against the City by Darlene 13 Ann Melton and Samuel Graham Mead, Jr., auto accident on September 13, 1984, on Foothill Boulevard, east of Turner Avenue. • E. Forward Claim (CL 84 -26) against the City by John 18 Baker, auto accident on August 1, 1984, on Archibald Avenue. F. Forward Claim (CL 84 -27) against the City by Megan 20 Bohensee, auto accident on August 1, 1984, on Archibald Avenue. G. Forward Claim (CL 84-28) against the City by Wallace 22 Elms, auto accident on August 1, 1984, on Archibald Avenue. B. Forward Claim (CL 84 -29) against the City by Ann 24 Weitb, auto accident on August 1, 1984, on Archibald Avenue. I. Forward Claim (CL 84-30) against the City by James R. 26 Farrar, personal injuries and death due to auto accident on July 18, 1984, at intersection of Foothill Boulevard and Turner Avenue. J. Forward Claim (CL 84 -31) against the City by Southern 28 California Edison Company, facilities damage on August 9, 1984, north side of Base Line, east of Rermoaa. p City Council Agenda -3- November 7, 1984 R. Forward Claim (CL 84 -32) against the City by Patricia Meaeo, personal injuries and death due to auto accident on July 30, 1984, north side of Sapphire Street near its intersection with Hillside Road. L. Approval to authorize payment of $1,200.00 from the City Facilities Maintenance and Operations Account for the purchase of twelve City flags. N. Approval of Bonds, Agreement and Security Instrument and Final Map of Tract No. 12523, located on the north side of Lemon Avenue at Alta Loma Channel, submitted by Lightner Development. RESOLUTION NO. 84 -273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12523 N. Approval of Bonds, Agreement and Final Map of Tract No. 12365, located at the southeast corner of Spruce Avenue • and Terra Vista parkway, submitted by Western Properties of Levis Homes. RESOLUTION NO. 84 -274 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 12365 0. Approval of Improvement Agreement, Improvement Security Instrument and Final Map of Tract No. 11577, located on the vest side of Turner Avenue at Ironwood Avenue, south of Base Line Road, submitted by Terrance A. Lane. RESOLUTION NO. 84 -275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 11577 P. Approval of 'acceptance of Off -Site Improvement for Tract No. 9321 and authorization to file the Notice of Completion and release Faithful Performance Bond of $7,700.00. • 35 38 39 68 69 89 90 102 103 City Council Agenda -4- November 7, 1984 • RESOLUTION NO. 84 -276 105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA," CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 9321 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK Q. Approval of reduction of Faithful Performance Security 106 for Tract No. 12332 -1, located on the east side of Haven Avenue at the North City Limits, submitted by Laband. R. Release of Bonds: CUP 82 -01 - Located on the north side of 4th Street, 108 east of Etivanda; owner, Etiwands Investment Co. maintenance Bond (Road) $25,000 CUP 83 -04 - Located on Sapphire Street, north of Orange 108 Street; owner, Cogun Industries, Inc. Labor and Materials Bond (Road) $24,500 • S. Approval of acceptance of Real Property Improvement 109 Contract and Lien Agreement for street improvements of 12972 Victoria, submitted by Robert Smith and Terry Ludwig, RESOLUTION NO. 84 -277 114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ROBERT SMITH AND TERRY LUDWIG AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME T. Approval of Extra Design Workings to provide Right -of- 115 Way Engineering for the Widening and Realignment of Hermosa Avenue at the Alta Loma Basins. Work to be provided by Associated Engineers. U. Approval of Extra Design Workings for the Archibald PAU 117 Project to provide for Parkway Flood protection south of Peron Street. The extra workings are estimated at $6,625 to be performed by C.C. Engineering. • • City Council Agenda -5- November 7, 1984 V. Approval of acceptance of the Environmental Initial 121 Study Parts I and II for the Reconstruction of Base Line Road from Teakway to Haven Avenue and approval to file a Negative Declaration for said project. N. Approval of authorization to advertise for Electrical 133 0adergrounding of Service Connections in Underground Utility District No. 2 (UUD ►2) on Archibald Avenue from Church Street to Base Line Road. B. Approval of authorization to Invite Bids for the 134 Reconstruction of Ramous Avenue from Base Line to the Pacific Electric Railroad. Y. Approval of authorization to Invite Bids for the 135 Reconstruction of Lemon Avenue from Hermosa Avenue to Haven Avenue. Z. Approval of acceptance of the 4tb Street and Archibald 136 Avenue Traffic Signal and authorization to file the Notice of Completion. Release Faithful Performance Bond of $68.330.00 and Retention of $6,944.41. • RESOLUTION NO. 84 -278 138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR THE 4TH STREET AND ARCHIBALD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK AA. Approval of Destruction of obsolete records in 139 Personnel. RESOLUTION NO. 84 -279 140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZIING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS NNICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 BB. Approval of Agreement with the American Youth Soccer 142 Organization (AYSO) Region 65 A*CeEe for the development of night lighting at Beryl park Soccer Fields. _ CC. Approval of request for approval of agreement between 148 the Etiwanda Historic Society sad the City for the restoration project on the Chaffey- Garcie House. r City Council Agenda -6- November 7, 1984 4. ADVXMM PUIH.IC 1RARINN A. APPEAL OF PLANNING COMMISSION DECISION APPROVING 153 fiNTATIVE TRACT NO. 12726 - A -M COMPANY - Adjacent property owner's appeal of Planning Commission's decision to approve Tentative Tract 12726, s residential subdivision of 33 lots on approximately 4.28 acres of land in the Low Medium Development District (4-8 du /ac), located west of Beryl and south of Hamilton - APM 202 -032 -22 and 25. B. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENTS - 171 The following its" will be presented in 3 separate staff reports, however, one resolution is presented for approval. (1) 84 -03 -8 - CITT OF RANCHO CUCAMONGA - A request to 171 "end the General Plan Land Use Map from Medium Density Residential /General Industrial (4-14 du /ac) to Industrial Park on 18.8 acres of land located on the south side of 9th Street and Baker - ape 207 -271 -04 through 10, 17 through 20, 35, 37, 38, 43, 44. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT 171 • AMENDMENT 84 -03 -8 - CITT OF RANCHO CUCAMONGA - A request to "end the Development District Map from "M" (8-14 du /ac) and Industrial Specific Plan (General Industrial Subarea 1) to Industrial Specific Plan (Industrial Park) for 18.8 acres of land located at the south side of 9th Street and Baker - APE 207 -271 -04 through 10, 17 through 20, 35, 37, 38, 43, and 44. ORDINANCE 90. 241 (first reading) 203 AN ORDINANCE OF THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM 'M" (8-14 DO /AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN ( INDUSTRIAL PARK) FOR 18.8 ACRES OF LAND, LOCATED AT THE SOUTH BIDE OF 9TH STREET d BAKER - APU 207-271 -04 through 10, 17 through 20, 35, 37, 38, 43 6 44 • City Council Agenda -7- November 7, 1984 (2) 84 -03 -C - VOLBBDA - A request to mend the General 204 Plan land use map from Low Density Residential (2 -4 du /ac) to Low Medim Density Residential (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway', between Sierra Madre and Comet - APM 207 - 222 -08. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICTS 204 AMENDMENT 84 -03-C - A request to mend the Development District Map from L (2 -4 du /ac) to IM (4-8 du /ac) for 4.78 acres of land generally located on the south side of Arrow Highway between Comet and Sierra Madre - APH 207 - 222 -08. ORDINANCE NO. 242 (first reading) 225 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM R." (2 -4 DU/AC) TO "LM" (4-8 DD /AC) FOR 4.8 ACRES OF LAUD LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN SIERRA MADRE AND COMET STREETS - AN 207 -22-06 (3) 84 -03 -D - CITY OF BAHCHO CUCAMONGA - A request to 226 amend the General Plan Land Use Hap from Medium Density Residential (4-8 du /ac) on 15.8 acres of land located on the west side of Hellman Avenue, south of 7th Street - APN 209 - 161 -04, 16, 23 and 210 - 341 -72. RESOLUTION NO. 84-280 251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE ELEMENT OF TSE RANCHO CUCAMONGA GENERAL PLAN C. 19tb STREET LAND USE AMENDMENTS ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 -A — 19TH STREET CORRIDOR STUDY - A Development District amendment from 9E^ (14-24 du /ac) to "N" (8-14 du /ac) for 4.96 acres of land, located at the northwest corner of 19th Street and Beryl Avenue - APR 201- 221 -08. Item continued from October 17, 1984 meeting. City Council Agenda -8- November 7, 1984 ORDINANCE NO. 237 (second reading) 252 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201 - 221 -08 LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL AVENUE FROM "MK" TO "M" ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 -B - 19TH STREET CORRIDOR STUDY - A Development District Amendment from "MR" (14-24 du /ac) to IN" (8-14 du /ac) on approximately 15.75 acres of land, located on the north aide of 19th Street between Archibald Avenue and Amethyst Avenue - AFN 201- 101 -07, 11, 21 (in park only) and 22. Item continued from October 17, 1984 meeting. ORDINANCE N0. 238 (second reading) 253 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 201- 101 -07, 11, 21 (IN PARK ONLY) AND 22, LOCATED ON THE NORTH SIDE OF 19TH STREET, BETWEEN ARCHIBALD AND AMETHYST AVENUE FROM • "No" TO "M" ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84 -02 -C - 19TH STREET CORRIDOR STUDY - A Development District Amendment from "OP" (Office /Professional) to "LM" (4-8 du /ac) on 5.04 acres of land, located at the northeast curner of 19th Street and Memoaa Avenue - APR 202- 191 -13, 14. Item continued from October 17, 1984 meeting. ORDINANCE NO. 239 (second reading) 254 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202 - 191 -13, 14, LOCATED AT THE NORTHEAST CORNER OF 19TH STREET AND HERMOSA AVENUE, FROM "OP" TO LOW - MEDIUM A. RE IONS OF AMBULANCE SERVICE WITHIN THE CITY OF 255 RANCHO CUCAMONGA - Item continued from October 17, 1984 meeting. E City Council Agenda -9- November 7, 1984 • ORDINANCE NO. 230 (second reading) 255 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE REGULATION OF AMBULANCES B. ORDINANCE PROHIBITING INTERFERENCE WITH POLICE DOGS 265 ORDINANCE NO. 243 (first reading) 266 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.16 THERETO ENTITLED "MISCELLANEOUS OFFENSES" WHICH INCLUDES SECTION 3.16.010 PROHIBITING THE INTERFERENCE WITH POLICE DOGS C. ETIWANDA AREA DRAINAGE POLICIES - Review of 267 recommendations from Planning and Advisory Commission concerning development policies in the Etivamda Specific Plan areas pending adoption of a revised Storm Drain Master Plan, and approval of Consultant's Contract with Williamson A Schmid, Civil Engineer, Inc. to prepare the Foothills - Etivanda Area Drainage Plan • and establish Plan Advisory Committee. ORDINANCE NO. 244 (urgent) 284 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE FILING OF CERTAIN LAND DIVISION APPLICATIONS AND RESIDENTIAL DEVELOPMENT APPLICATIONS IN THE ETIWANDA SPECIFIC PLAN AREA AND DECLARING THE URGENCY THEREOF b CITY NAZLM'S BYAFN ROOM A. PROPOSED TERRA VISTA DEVELOPMENT AGREEMENT BETWEEN THE 286 CITY. CENTRAL SCHOOL DISTRICT AND LEWIS ROOS - Item continued from October 17, 1984 meeting. 8. ADVISORY COMMISSION'S RECOMMENDATIONS TO MODIFY 372 ORDINANCE NO. 87 -A - The Advisory Commission is recommending the City Council consider the modifications to the Ordinance which created the Commission (Ordinance 87 and 87 -A). Item continued from October 17, 1984 meeting. City Council Agenda -10- November 7, 1984 7. COONCIL WSIMS A. MATTER OF EXPIRED ADVISORY COMMISSION TERNS - Itm 377 continued from October 17, 1984 meeting. B. DESIGN REVIEW SUBCOMMITTEE APPOINTMENT CONSIDERATION - 399 Item continued from October 17, 1984 meeting. S. AD]O� l J J \J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 19, 1984 TO: Mayor and Members of the RDA /City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner c y liz 1977 SUBJECT: ENVIRONMENTAL IMPACT REPORT FOR CONDITIONAL USE PERMIT 84 -06 - HFA ASSOCIATES - Review and consideration of a supplemental Environmental Impact Report (EIR) prepared for development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill, west of Interstate 15 - APN 227 - 201 -35; 227- 211 -30. Related File: Conditional Use Permit 84 -06 BACKGROUND: Pursuant to the Redevelopment Participation Agreement for the regional center and the conditions of approval for the Victoria Planned Community, a supplemental Environmental Impact Report has been prepared to focus on the areas of drainage, traffic, and aesthetics. The purpose of tonight's hearing is to receive Agency /Council input regarding the content and adquacy of the draft EIR prior to preparation and certification of the final EIR. Input from the Agency /Council and Planning Commission, as well as interested agencies and the general public will be responded to in the final EIR. It is anticipated that the final EIR will be scheduled for the Agency /Council certification on October 17, 1984. The attached staff report provides a detailed analysis of the preparation and content of the draft Environmental Impact Report. The Planning Commission reviewed the draft EIR at their August 22, 1984 meeting and recommends that the draft EIR is adequate. RECOMMENDATION: The Planning Commission recommends that the City Council /Agency review the draft EIR and make any appropriate changes or modifications. Attachments: Planni ion Staff - August 22, 1984 1r1 u n U CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: August 22, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner � n 19i7 I S A Z SUBJECT: ENVIRONMENTAL IMPACT REPORT FOR CUP 84 -06 - HE ASSOCIATES eview and consideration of a supplemental Environmenta Impact Report (EIR) prepared for development of a regional shopping center an 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227 -201- 35; 227 - 211 -30. Related File: Conditional Use Permit 84 -06 I. SUMMARY: The attached draft Environmental Impact Report was prepared to assess environmental impacts associated with the development of the regional shopping center within the Victoria Planned Community. This supplemental EIR identifies a number of potential environmental problems and proposes a range of mitigation measures to counter these problems, including alternatives for drainage and flood protection. Detailed traffic and drainage studies were also prepared in conjunction with the EIR. This report is limited to review of the EIR, while the accompanying staff report analyzes the master plan. II. ANALYSIS: In general, the supplemental draft EIR addressees all areas of concerns identified by the Planning Commission: traffic, drainage, and aesthetics. Section 5.0 contains comments from the general public and interested agencies in response to the Notice of Preparation on the EIR. The purpose of the Commission's review and the public hearing is to: (a) determine whether the EIR adequately covers all areas of reasonable concern; (b) determine whether the mitigation measures determined by the EIR effectively mitigate potential adverse impacts; (c) recommend changes, modifications, and additional reasonable alternatives and mitigation measures to be incorporated into the final EIR; and, (d) identify those significant adverse impacts which cannot be avoided if the project is built. A summary of the significant environmental impacts and mitigation measures is provided in Section 1.8. E3 ITEM I PLANNING COMMISSION STAFF REPORT EIR - CUP 84- 06 /HFA Associates August 22, 1984 Page 2 • Based upon the EIR analysis and mitigation measures, the grading and drainage plan has-been revised to reduce certain significant environmental impacts associated with this project by: 1. Eliminating the sump conditions on Miller Avenue, between Day Creek Boulevard and Victoria Loop. 2. Providing a high point, instead of a sump, on Victoria Loop which would drain both to Day Creek Boulevard and the Caltrans Channel along Interstate 15. Designing the "possible retention basin" located in the southerly portion of the project site to retard 82 cubic feet per second for a 100 -year storm. The most significant environmental impacts are flood protection caused by the unimproved Day Creek Channel, and traffic impacts associated with the development of the regional shopping center and surrounding regionally - related uses. Sections 1.8.1 - Drainage, and 1.8.2 - Traffic, describe the significant impacts which cannot be avoided if the project is built and the proposed mitigation measures which would reduce each impact to an insignificant • level. In terms of aesthetic impacts, the plans and text submitted by the applicant are general in nature and will require considerable refinement before the City can approve precise plans for Phase I of the regional shopping center. Aesthetic issues associated with the development of the regional shopping center are analyzed in the accompanying staff report regarding the master plan. IV. FACTS FOR FINDING: The draft EIR has been prepared in accordance with th— e Ca ifrnia Environmental Quality Act Guidelines and adequately addresses all areas of reasonable concern. Further, the mitigation measures proposed by the draft EIR effectively mitigate significant adverse impacts. CORRESPONDENCE: This item has been advertised as a public hearing in The Daily Report newspaper, and notices were sent to property owners within 0 eet of the project site. In addition, copies of the EIR have been distributed to interested agencies and have been available for review at the Branch Library and Planning Division offices. The public review period for the draft EIR ends August 31, 1984. The input of interested agencies and the general public, together with comments from the City Council and Planning Commission, will be responded to in the final EIR. l J PLANNING COMMISSION STAFF REPORT EIR - CUP 84- 06 /HFA Associates August 22, 1984 Page 3 VI. RECOMMENDATION: It is recommended that the Commission find the draft E R adequate and. forward it to the Redevelopment Agency and City Council for their review and input prior to preparation of the final EIR. The minutes of this public hearing and any changes or additions approved by the Commission will become part of an addendum to the printing of the final EIR. :DC:jr \J Exhibit "A" - Location Map Exhibit "8" - Detailed Site Plan V I PROJECT SITE 0 E V �1 NORTH CITY Or ITEM: � rA •O� RANCHO CL'Ct1�I0 \GA TITLE: �_1� PLAtNNING DIVISION E \HIMT SCALE: S t -J U►M. P �� • *n \ ��:�a\ � 1 pia l I • CITY OF RANCHO CUCANIONGA PLANNING DIN'1SION G OP4 % S V NORTH ITEM: G TITLE: EXHIBIT: SCALE: 0 • STAFF REPORTZ9 cl , VAk�. oq ,. DATE: September 19, 1984 1977 TO: Members of the RDA /City Council FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 84 -06 - HFA ASSOCIATES - Conceptua review of a master plan for the development of a regional shopping center on 100 acres of land in the Victoria Planned Community, to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227 - 201 -35 and 227 - 221 -30. BACKGROUND: Pursuant to the Redevelopment Participation Agreement, the deve oper for the regional shopping center, HFA Associates, has prepared a conceptual master site plan and use permit application for the Agency's review and consideration. workshop" -to review the master plan concept on June 19, 1984 regarding three major design concepts: (1) site planning; (2) landscaping; and, (3) architecture. The attached staff report of June 19, 1984 provides a detailed analysis of these three major issues and a summary of the Commission's action is also provided. In addition, the Planning Commission held a public hearing on August 22, 1984 to review a conceptual master plan and use permit and the revisions to the site plan that were made based upon the design review workshop. The Planning Commission felt that the proposed site plan and concept was not representative of an outstanding regional mall. Particularly, the Commission recommended that the lake should be the form- giving element for the mall, as envisioned by the Victoria—C-ommunity Plan. The developer will present a revised site plan tonight to addess this concern. 6 CITY COUNCIL STAFF REPORT EIR - CUP 84- 06 /HFA Associates September 19, 1984 Page 2 RECOMMENDATION: The Planning Commission recommended approval of the onditiona Use Permit for the conceptual master plan with conditions as outlined in the attached Resolution. Pending completion of the final EIR, the Conditional Use Permit will be brought back for final action on October 17, 1984. R pectfu ubmitted, rme Planner DC:Sr Attachments: Planning Commission Staff Report - August 22, 1984 Planning Commission Resolution City Council Resolution with Conditions • • CITY OF RANCHO CUCAMONGA cj�Afo-yo STAFF REPORT "' p iz GATE: August 22, 1984 19 7" TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 84 -06 - HFA ASSOCIATE - onceptual review of a master p an for the development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15 - APN 227 - 201 -35; 227- 221 -30. 1. PROJECT AND SITE DESCRIPTION: A. Action Requested: Approval of master site plan and Conditional • Use Permit. B. Purpose: Development of a regional shopping center. C. Location: North side of Foothill Boulevard, west of Interstate 75 D. Parcel Size: 100 acres E. Exist in Zonin Victoria Planned Community (Regional Center ommerc i a l F. Existing Land Use: Vineyard G. Surroundin Land Use and Zonin orth - Vacant; egiona a ated Commercial, High Residential (24 -30 du /ac) South - Vacant; Regional Related Office /Commercial East - Devore Freeway and Vacant; Regional Related Office /Commercial West - Edison Corridor and Vacant; Regional Related Office /Commercial I. Site Characteristics: Slopes north to south at approximately a gra a creat ng a total relief of 50 feet across the site. • The majority of the project site is a vineyard with no structures or significant vegetation. For a more detailed description, see Sections 1.2 through 1.6 of the EIR. 9 ITEM J PLANNING COMMISSION STAFF REPORT Conditional Use Permit 84- 06 /HFA Associates August 22, 1984 Page 2 • IL ANALYSIS: A. General: The proposed site plan, Exhibit "A ", indicates a two -level mall with six major department stores arranged in a linear fashion. Phase I will include a minimum of 350,000 square feet with at least two major retail department stores and an enclosed mall. The center is oriented toward the Primary entrance from Day Creek Boulevard, as well as the freeway, for maximum visibility. The lake is proposed to be located at the northeast corner of the site to create a natural "park like" setting for ancillary buildings such as restaurants and outdoor activities along the lake edge. A community trail system wraps around the lake edge and continues around and into the mall as a local trail. A more detailed analysis of the site plan, landscaping concept, and architecture is contained in the attached June 1984 staff report. The Victoria Community Plan concept for the regional center, as shown in Exhibit "I ", was prepared prior to the applicant's involvement with the project and envisioned a regional center designed around the lake edge. The lake system was intended to "come right into the heart of the U- shaped center, creating an • active exciting place for people with a mix of civic, community, and commercial activities along the lake edge." Thus, the lake became the major form- giving element for the regional center. The proposed building and lake orientation (Exhibit "A "), is significantly different from the Victoria Community Plan concept. The intent of the Victoria Community Plan for the Victoria Lakes Village was to create a high quality water related urban community with an active people- oriented water edge. The lakes proposed for the village were intended to provide visual and land use connections between the residential, office and commercial facilities. Because of the change in grade, it was intended that a series of terraced lakes, each large enough to create a dramatic visual impact, would be provided throughout the Victoria Lakes Community as shown in Exhibit "I ". The Victoria Lakes concept also envisioned a smaller lake in the southwest corner of the regional shopping center site. The proposed site plan, Exhibit "A ", does not address this second lake. B. Design Review Committee• The Planning Commission held a special "Design Review" workshop to review the master plan for the three major design concepts: (1) site planning, landscaping, and (3) architecture. Based on this review, the Commission expressed concern that the lake should become a • stronger form - giving element that reflects the Victoria Lakes Village theme. The Commission recommended that the lake should /O PLANNING COMMISSION STAFF REPORT Conditional Use Permit 84- 06 /HFA Associates August 22, 1984 Page 3 penetrate inside the "ring" road to relate more directly to the mall and provide greater visibility of the lake as a water element and the lake edge activities. The Commission also recommended that a mixture of active and passive recreation activities and commercial and community activities should occur along the lake edge to encourage people to go to and from the mall to the lake. Buildings and activities should be planned to promote visibility of the lake and the trails around the lake and through the center and should be designed as an attractive focus of attention. In terms of architecture, the Commission recommended that a unified architectural theme be developed for the mall with common design elements and materials. The use of natural materials and earthtone colors is recommended to reflect the rural /rustic character of Rancho Cucamonga. It was further suggested that design features reflecting the City's winery heritage, such as covered trellises and vines, would be appropriate. The landscaping theme was approved in concept subject to providing planter islands within the larger expanses of parking. Landscaping should be designed to provide an . attractive unifying theme that complements the architectural design. The revised site plan and conceptual landscape plan, Exhibits "A" and "D ", respectively, indicate that an expanded park area was provided on the inside of the ring road opposite the lake edge in response to the Commission's desire for the lake to penetrate into the enter parking areas. Further, landscape planters have been added into the larger parking lot areas. Architectural design theme will be addressed in the submittal in 1985 of precise development plans for the first phase of construction. C. Environmental Review: A supplemental Environmental Impact report has been prepared for this project and is the subject of a separate report on tonight's agenda. III. FACTS FOR FINDING: The proposed project is consistent with the enera an, Victoria Community Plan and Development Code. The proposed use, together with the recommended conditions of approval, will not be detrimental to the public health or materially injurious• to properties in the vicinty. IV. CORRESPONDENCE: This item has been advertised as a public hearing n e ai y_ eport newspaper and notices were sent to property • owners within -50D feet of the project site. To date, no correspondence has been received either for or against this project. W PLANNING COMMISSION STAFF REPORT Conditional Use Permit 84- 06 /HFA Associates August 22, 1984 Page 4 • RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of a Master Plan and Conditional Use Permit subject to the attached conditions. Attachments: Exhibit "A" - Conceptual Site Plan Exhibit "B" - Sections and Details Exhibit "C" - Elevations and Details Exhibit "D" - Conceptual Landscape Plan Exhibit "E" - Conceptual Grading Plan Exhibit "F" - Conceptual Drainage Plan Exhibit "G" - Street Sections Exhibit "H" - Victoria Land Use Plan Exhibit "I" - Victoria Lakes Concept Plan • June 1984 Staff Report Minutes - June 27, 1984 Planning Commission Workshop Proposed City Council Resolution Resolution Recommending Approval • /1 • a I Q f� MSS MRLYIIS RRRCHO CUCMORW PRIOR • d � s s " rF a��"`c S,41. feet R f 11,11 160,000 e 2 11.11 151,000 C 2 11,11 50.000 0 1 11,11 150,0.000 E 2In11 115,000 F S Inlls 150,000 WALL SHOPS COMA UFItY SERVICES 1 RFCI LLMY eUIIOIHCs TOTAL toYALC 838.00 a CITY OF RANCHO CUCAMONGA PLANNING DIVISION /3 ^fR 125,000 T v Ili�li 1 G �h1 e�,o0p t,zlLOO° NOR hrt /nq . fp {0 qn // ITEM: n& 84 - o{O TITLE: S rra r.xmBIT: -,A _ SCALE: TH Me -.. ram HCTICX .1 -E ;a E TVM•[L IN EW[ EN[CMO -W TYPICAL TITEICMO IWITX CCb1CT C.1NI1 REGIONAL OXOEIIXO CENTER MNCM CI N OEVELOMENT O[ ERNET W. IMI SECTIONS S 09TAILS V NORTH CITY OF ITEM: C%P 94 SEOfo • RA\CHO CCCANIO \GA TITLE: ! F�MS PLAINNING DIVISION E.XHIRIT:_jr�-SGALE: /y 1TNICIt nIHE fNtGWG -[Y ARE TIES SECT. E [ECTM C E[CTWX 0 TVM•[L IN EW[ EN[CMO -W TYPICAL TITEICMO IWITX CCb1CT C.1NI1 REGIONAL OXOEIIXO CENTER MNCM CI N OEVELOMENT O[ ERNET W. IMI SECTIONS S 09TAILS V NORTH CITY OF ITEM: C%P 94 SEOfo • RA\CHO CCCANIO \GA TITLE: ! F�MS PLAINNING DIVISION E.XHIRIT:_jr�-SGALE: /y 1TNICIt nIHE fNtGWG -[Y TVM•[L IN EW[ EN[CMO -W TYPICAL TITEICMO IWITX CCb1CT C.1NI1 REGIONAL OXOEIIXO CENTER MNCM CI N OEVELOMENT O[ ERNET W. IMI SECTIONS S 09TAILS V NORTH CITY OF ITEM: C%P 94 SEOfo • RA\CHO CCCANIO \GA TITLE: ! F�MS PLAINNING DIVISION E.XHIRIT:_jr�-SGALE: /y • • .) L ` -_= •- NORTH sr.-- CITY OF ITEM: /OJjp a4-OC RA\CHO CLCAMONGA TITLE: t- 002CAF— A.I►•ly PLANNING DIVISION EXHIBIT:_ y�! SGkLE: r /t OPP G-7 tm ROL t sr M...TON ROIITWAST CLEM" REO AL EI Q CENTER RANCHO CYCAAgRp.1 . I.IT . .. M ELEVATIONS A DETAILS hAM • • • -j U FJ 1� NORTH CITY OF ITEM:_ ', 54'66_ RANCHO CUCANIONGA TITLE: blh)dl PLANNING DIVISION( E. \HR31T : SCALE: /% I Lf 9 CITY OF RANCHO CUCANIONGA PLANNING DIN ISUN .% lb ITEM; CVP 94 - & ♦TITLE: F-MMUT: SCALE; /P ter VI r-� NORTH • f"a I II [ w ' MILIER RVENVE VICTORIAN LOOP y ORV CREEK [011t[VMO FOOTHILL [OULIV.LRO TYPICAL STREET SECTIONS ✓' V NORTH CITY OF ITEM: GuP �4 - Ofe RANCHO CLCAMONGA TITLE d-S"M .ET PLLI NNING DIVISION EXHIBIT -JGj_SCALE: /9 t • RR t f #r Ri I I RR RR I�' I f{{ 1jr C •RR RR ' I Pg f RR ? 5 RR I I� ii RR i6 61t..GnY ! .mow r.. I i —._ • H H + eC t• �j '116Fdllf �f� }vel:wwr..••r..l� p° H <p RR f �_ _� � fmf�flt[Ma• .-A RA .7— _... CITY OF ITE \I RANCHO CL;CAINIONGA TITLE PLANNING DIVISION LXHI �o �7 `a VICTORIA LAKES. LAND USE LEGEND O • iNfffanu toHHC�pu O MGIM1N M.N.OpM.itMNMW Q .uM. ca.Nw... norm ofHff ufa AM,.M.Nw. COMMUNITY PLAN Victoria A Planned Community in Rancho CUCamonga IMp= pl mf &P a4 -04 VIA 1�4 �id►�t1�G p�p 131T: —J!i,— SCALE: 0 1 , s I l 9 ;IL i.�.. 1K' CITY OF RANCHO CL:CANIONGA PLANNI \G DIVISION a : �- s= , gxz.. ILLUSTRATIVE CONCEPT PLAN VICTORIA LAKES AND REGIONAL CENTER Victoria A Planned Community in Rancho Cucamonga Me awa group • _ Z Plwaiara ITEM; _h_ 4-O(p ,V, TITLE: & riok LAMJM EXHIBIT: —,I_ SC, \LE: 4/ C CITY OF RANCHO CUCAMON REDEVELOPMENT AGENCY STAFF REPORT DATE: June 19, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Dan Coleman, Associate Planner SUBJECT: PLANNING COMMISSION WORKSHOP - REGIONAL MALL N0. IATES - Conceptual review of a Master P an or the development of a regional shopping center on 100 acres of land in the Victoria Planned Community to be located on the north side of Foothill Boulevard, west of Interstate 15. MEETING OBJECTIVES: The purpose of this "design review" workshop is to obtain the full Planning Commission's input and guidance regarding the following design concepts: (1) site planning, (2) landscaping, and (3) architecture. The material presented in this report is intended to aid the Commission in understanding the conceptual Master Plan proposed by the applicant, and to explore design opportunities for each of these three concepts. The attached booklet and renderings were prepared by the applicant to explain the design concepts for the regional shopping center and are printed on tan paper for easy reference. Also attached for your review and consideration are excerpts from the Victoria Community Plan text, printed on green paper, relating to the regional center. Large, colored renderings will be available at the workshop. The Master Plan is a conceptual plan that will evolve through time based upon the particular needs and requirements of the major department stores. Further, it is important to understand that the planning and design of a 100 acre regional mall is quite distinct from a 10 acre neighborhood shopping center. A regional mall involves a much larger scale that requires a different approach to traditional development standards. 41 • PLANNING COMMISS " WORKSHOP - REGIONAL MALL June 19, 1984 Page 2 The Planning Commission will have another opportunity later this summer to review the Master Plan and Use Permit. An Environmental Impact Report is being prepared 'to focus on traffic, drainage and aesthetics. The Draft EIR, Master Plan and Use Permit will be brought to the Commission in August. Pursuant to the terms of the agreement between the City and the applicant, precise plans for Phase I of the regional shopping center will be submitted to the City for approval in 1985. I. SITE PLANNING The proposed site plan, Exhibit •A', indicates a two level mall with six major department stores arranged in a linear fashion. These major department stores or "anchors" are located to create maximum shopper flow from one end of the mall to the other and from the upper level to the lower, thus creating greater exposure for the mall shops. The center is oriented toward the primary entrance from Day Creek Boulevard, as well as the freeway for maximum visibility. The lake is proposed to be located at the northeast corner of the site to create a natural •park -like' setting for ancillary buildings such as restaurants and outdoor activities along the lake edge. The community trail system wraps around the lake and continues around and into the mall as a local • trail. The Victoria Community Plan concept for the regional center, as shown on page 77, was prepared prior to the applicant's involvement with the project. The Victoria Community Plan envisioned a regional center designed around the lake edge. The lake system was intended to •come right into the heart of the •U• shaped center, creating an active exciting place for people with a mix of civic, community and commercial activities along the lake edge." This concept is discussed on page 80 and illustrated on page 81. Thus, the lake became the major form - giving element for the regional center. II. LANDSCAPING The conceptual landscape plan, Exhibit "D ", indicates a landscape treatment for the perimeter streets and parking lot areas. The landscaping concept emphasizes parkway Planting along the perimeter the willl be planted witheupr ghtyevergrreen treesoona35- centersiwithinvan13 foot deep parkway strip. Day Creek Boulevard will be landscaped with a staggered double row of palm trees on 20' centers within a 9 foot deep parkway strip. These parkway landscaping setbacks will expand in some areas, such as project entry streets and the lake edge. Each of the project entry streets will provide an entry statement using flowering accent trees and shrubs. The interior "ring" road will reeive an informal tree planting. Within the parking areas, alternate planter • islands at the ends of parking rows will be planted with trees or A3 PLANNING COMMISS('? WORKSHOP - REGIONAL MALL June 19, 1984 Page 3 � J shrubs. A typical detail of the planter islands and painted islands is shown on Exhibit "B ". No landscaping concepts are presented for the Edison Corridor or the median islands within Victoria Loop and Miller. Landscaping is major design element in the Victoria Community Plan that is intended to "create an overall landscaped urban environment which is perceived and used as a special place." This landscaping concept is illustrated as a planting palette on pages 154 and 155. Victoria Loop and Miller are designated for a special planting of palms and regularly spaced street trees. Day Creek Boulevard is shown with a dense windrow style planting along all edges shared with Southern California Edison. The regional mall edge along Day Creek is to be planted with a staggered double row of palms within a 16 to 31 foot deep landscape setback. This typical edge condition for Day Creek and the Southern California Edison Corridor is represented on page 157. The City's General Plan policies for parking lot landscaping would apply to commercial centers within Victoria because the Community Plan text contains no guidelines or standards for on -site landscaping. Typically City standards for special boulevards, such as Day Creek Boulevard and Miller Avenue, require an average 45 foot landscape setback with mounding and extensive landscaping treatment with specimen size trees. • The General Plan contains specific standards for tree planting within commercial center parking lots, as shown in Exhibit "I ". "A sufficient number of trees shall be planted such that when they are matured they will shade 50 percent of the parking area ... This entails, at a minimum, planting trees at the required spacing (10' less than mature diameter) in all strips between parking stalls." III. ARCHITECTURE The applicant has provided conceptual elevations for the mall to indicate the linear configuration, massing and relationship of the anchor stores to the mall shops, as shown in Exhibit "C ". As mentioned earlier, these elevations represent one concept for a linear mall and were not intended to represent any one particular architectural style. The final design will be based upon the needs of the major department stores. Detailed plans for Phase I will be submitted to the City in 1985. However, it is appropriate to discuss the architecture in terms of an overall concept. The Victoria Community Plan envisioned Victoria Lakes Village as a high quality, water related urban community; "it is important that this (regional) center fulfill its role as the active terminus of the community wide open space system, and as an outstanding regional commercial facility." The City's General Plan states that, "The proposed regional shopping center . will be a major landmark and focal . point to motorists approaching the City .. Through design features and landscaping the center can reflect the City's history." i4 •� PLANNING COMMISS(" WORKSHOP - REGIONAL MALL June 19, 1984 Page 4 ISSUES: The following are the main jssues related to the design concepts for the regional shopping center. A list of questions or "sub- issues" has been provided below each issue to facilitate the workshop discussion of design concepts. 1. Site Planning: The primary issue regarding the regional center is, what should be the form and function of the lake and its relationship to the regional mall? o Should the lake be a separate visual element or a form giving element that interfaces with the edge of the Center? o What is the function of the lake? - Passive or active recreation Water body or activity center o What activities should occur on the lake and the lake edge? • - Commercial (e.g., boating, vendors, restaurants, theatres) - Public (e.g., civic plaza, day care, meeting rooms, park) 2. Landscaping: Does the proposed landscaping concept meet the goals and objectives of the General Plan and the Victoria Community Plan for landscaping as a functional, aesthetic and unifying element? o Should the planting style be informal or formal? o Does the type of plant material, location and size reflect the desired image and quality? o Does the landscaping concept create a feeling that the regional center is a special place? 3. Architecture: What architectural concepts should be included in the design of the regional mall that reflect the City's history and create an "outstanding regional commercial facility "? o Should the center provide a defined period of architectural style (rural •vs urban, contemporary, rustic, mission, mediterranean, etc.)? o What architectural statement expresses the mass /bulk of the • center in relation to the City's character (low -scale vs high scale)? AX PLANNING COMMISS t (" WORKSHOP - REGIONAL MALL June 19, 1984 Page 5 l I o What colors and materials reflect the City's history? - Earth tone vs pastels or dramatic colors - Natural materials (wood, stone, masonry, rock) vs man -made materials (metals and glass) ALTERNATIVES: In relation to the site plan and the lake treatment, there are a variety of alternative design solutions. Regional malls can take many forms as shown in Exhibit "J ". However, the relationship of the mall to the lake should be conceptually defined. Several alternative design concepts are described below. Alternative 1 - As proposed by the applicant, the mall becomes the central focus of the site and the lake becomes a separate element located outside the "ring" road, see Exhibit "A'. The lake could function as a major activity feature and /or as a natural setting for restaurants and outdoor functions. Alternative 2 - As conceived by the Victoria Community Plan, the • regional center is designed as the active terminus of the community wide open space system, as shown in text on page 77. The lake actually comes into the heart of the "U" shaped center to create a place where civic and commercial uses mix along the lake edge, as shown in text on page 81. Alternative 3 - The lake could be modified to directly interface with the mall and create a natural character for the regional site. This alternative is a combination of alternatives 1 and 2 wherein the lake function becomes a stronger element; however not as dominant as envisioned by the Victoria Plan. An example of this concept is the Hahn regional shopping center being constructed in Escondido, see Exhibit "H ", where a transitional open space linkage is provided to the adjacent regional park site. Alternative 4 - This concept would delete the lake entirely from the regional shopping center site. The Victoria Lakes system would terminate at Miller Avenue, however, the trail system could continue into the regional site. • A6 PLANNING COMMISS" " ''WORKSHOP - REGIONAL MALL June 19, 1984 Page 6 • RECMWNMTION: It is recommended that the Planning Commission review the issues and provide appropriate direction regarding the alternative design concepts. The recommendations of the Commission will be forwar ed to the Redevelopment Agency late this summer. Re /fu I bmitted, _ Rick G"m - City Planner f RG:DC:ns Attachments: Master Plan Booklet Exhibit "A" - Conceptual Site Plan Exhibit "B" - Sections & Details Exhibit "C" - Elevations & Details Exhibit "D" - Conceptual Landscape Plan Exhibit "E" - Conceptual Grading Plan Exhibit "F" - Drainage Plan • Exhibit "G" - Street Sections Exhibit "H" - Escondido Mall Exhibit "I" - General Plan Tree Planting Standards Exhibit "J" - Shopping Center Arrangements Excerpts - Victoria Community Plan L I ,A7 REGIONAL SHOPPING CENTER RANCHO CUC AMONGA CALIFORNIA A DEVELOPMENT OF: ERNEST W. HAHN INC. ARCHITECT Leach, Cleveldnd, Hayakana, Barry and Associates 236 South 3uera Vista Street Burbank, California 91505 LANDSCAPE ARCHITECT Wilmer Yamada and Associates 516 Fifth Avenue San Diego, California 92101 CIVIL ENGCIEER Psomas and Associates 150 A Paulnrino Avenue Costa Mesa, California 92626 May 30; 19F4 r � List of Drawings • 1. Site Flans 2. Sections and Details 3. Clevatiors and Details 4. Landscape Plan S. Grading Plan 6, Drainage Plan 7, Street Sections • r � U i �9 C • Project Description The illustrative site plan indicates a six major department store regional shopping. center. Four of the department stores are shown as two stories while twn of the department stores are three stories in height. The 325,000 sq.ft. of mall shops will divide into app ^oxima:ely 170 shoos. They are connected by an air conditioned pedestrian mall, the tower level which is 325 wide while the upper leve' is 55- wide. This is to afford maximum visibility to all shops from either the upper or lower level. The mall will feature skylights or other means of introducing natural light which will allow for natural planting. Escalators and an elevator are located at strategic points to allow pedestrian movement throughout the mall. • The najor department stores or "anchors" are placed in the building complex in such a manner to create maximum shopper floc: from one end of the center to the other and from tie upper level to the lower, thus creating greater exposure for the mall shops. Service areas and their doors are screened from the public parking areas by wails with landscaped berms. Bicycle parkiig will be provided for a various mall entrances. Parkitg has been divided so that approximately J of the guests arrive on tha upper level and < arrive on the lower level, giving maximum • exposure and accessibility not only to the major department stores but -1- 3O ( f to the mall shops as well. • The (.enter is oriented to the area which it is felt will be the primrry entrance as well as the 'reeway for maximum visibility to the majors and mall shops. Comm ni ty fun_tions such as pre - school, community rooms, fast foods, and sitdown restaurants, are located at the core of the center. While most department stores have dining facilities, the fast food area is found to he more convenient to the average shopper. The large body of water and its park -like atmosphere together with its pedestrian and bicycle path, is planned to be an extension or continu . atior of a smilar netwark that is schematically planted to the north. This area is a natural sotting for restaurants and for outdoor functions associated with water. The pedestrian trail enters at the north at Miller Avenue and continues around the lake and around the regional shopping center outside the "ring" road and continues to Day Creek. At various locations, the path transverses the parking lot to allaw for free movement into the center for the convenience of the path users. The periphery of the center will be ideal locations for financial institutions, restaurant:, add similar commercial activities that serve'the needs not only of the community, but the shopping center as well. G -2- 1� • We presertly plan four "ajor access points into the center. Dee at Day Creek, two on the Victoria loop and one at Miller. A fifth minor access is planned at Day Creek south of Miller Avenue. The major drives are full service drives with stacking provisions and allow for all vehicular movements, it is felt that the volumes of vehicles generated at Miller and the Victoria loop could be controlled by "stop" signs, but a signal is wa• ranted at the Day Creek driveway. The interior ring raid disperses the traffic around the center in an orderly and efficient manner and avoids congestion where the shopper is snekin] a preferred parking location. There is a 'urther ring road located adjacent to the center to supplement the outer ring road. • Parking will be provided for approximately 5950 cars of which 15t will be cnnpacts. The compact cars are generally located around the periphery of the center, in order rot to incumber the normal floe of parking adjacent to the entrances of the buildings. Parking for the handicapped will be provided in accordance with state regulation.. • -7- ?1 C r Conc.l ptoai Master Landscape Plan The conceptual master landscape plan illustrates the Ognificant landscape treatment of the Regional Shopping Center. The plan incorporates design principles based on the massing and aesthetic chari.cteristics of trees, and functional concerns, such as shade value, water consumption, and gru•.•rth patterns. • The perime er roads prod ding access to the center will be attractively landscaped. 'Jictoria Loup and Miller Avenue will be planted with regularly spaced, upright evergreen trees, approximately 35' on center while Day Creek Boulevard will be landscaped with a stagge -ed double row cf palm trees which will be plarted approximately 20' on center. • The Project entry streets will be planted with a combination of flowering shrubs, and trees. Together, they will provide an entry statement. The interior loop road, as well as the primary pedestrian access points will be planted in an informal nature. A meandering natural look to tree placement will be the goal. , The plant palette for this area will consist of a dominant theme tree, occasional flowering accent trees, and randomly placed shrub and ground cover plantings. See the conceptual master landscape Plan for a conceptual plot list nor -his, as well as all other areas within the shopping center site. -4- Js • C The Center's parking lot areas .viii carry the informal planting theme established by the interio' loon road. Trees will be randomly planted and similar in scale and character to those along the lend road.- The lake and open space system that connects the center to the community has been incorporated into the conceptual master landscape plan. The meandering bicycle and pedestrian path within the open space network will provide a safe and efficient means of access between the major entry at Day Creek Boulevard and the lake at the northwest corner of the prefect site. The path will meander between landscaped berms and informally placed gricuping of trees. The path will run along the edges of the lake and continue northward to connect with the overall trail system if Victoria Lakes. The open space adjacent to the lake and path will be landscaped in an infurmal pattern, consistent with lakeside deve'opment. The open space areas, as well as all landscaped areas within the Regional Shopping Center site will be watered by means of an efficient automatic irrigation system that will incorporate water conservation featu ^es. -5- 3V { Landscape Calculation's i 0 0 Total off - street parking area: 2,744,900 sq. ft. o Total area required to be landscaped: 274,490 sq. ft. (10 %) o Area landscaped per plan: Parking lot planting: 198,575 sq. ft. Entry 8 Perimeter planting: 130,813 sq. ft. o Total: 329,388 sq. ft. (12.0 %)(landscape coverage) • 6- 0 _: r 1 LJ • Conceptual Grading 5 Drairage The ohjcctives of the proposed conceptur.l grading are to facilitate ease of access to bath levels of the regional center and :o mitigate flood hazard potential. TO accommodate storm flows through the cite tF,e Project utilizes the loop road as a portion of th- stor!n drainage system. The upper level of the regional center is two feet above the loop road ;o direct storm flows away from the building to the loop road. The lower level genera ly Rows away from the building at a 1.5X gradient to the loop road. Major `foods will pass around the project via the loop road and exit through a secondary outlet at the southerly entrance. Flows will then proceed southerly in a similar manner as presently is eyp rienced. Norna'ly expected storm flow will be picked up on the southerly portion of the project and transmitted to Day Creek Channel via a master planned storm drain system. This Master planned system consists of a 90" storm drain to the east in Victoria Loop which directs flows to Day Creek Channel via a trapezoidal which empties into Day Creek Charnel. In the event major improvements to Day CreO Ch innel have not been accomplished, on site drainage flow would be reduced r.a that which is currently experienced in the natural condition. The reduction of flows could be accomplished through the use of a retention basin located in the southeasterly portion of the project. 7 36 J .- r,rlll 1. ' z p NC l IS w t 1 o' lam' Soo i r MBA ANMYSIS RANCHO CUCMBMM MAJOR SRWIR I., A i fbds 160,000 B 1 levels IS),000 0 1 I IV: BO,Oa o ) IRra: so,oa L i IRmI: IA6,Ba r ) level: 1SO.00t TOTAL HAMS an." MALL SHOPS 361000 COMMUNITY SERVICES B AMCILLAIT BUILDINGS 69.000 TOTAL l,i)1,000 $Ito IS ABn:I P"kq" . HU CBn CITY OF ITEXI: tur 9k+R0 • RANCHO CUCA`IONGA TITLE: ISM 1p PL.I'NNii DIVM)N EXHiISIT :ASCALE; �• s7 SECTgR R-A =.., CITY OF RANCHO CL;CAMONCA PLANNING DIVISION V NORTH IT,.,I: GuP 94 -Oyo TITLE - f ✓ MS _ EXHIBIT- __ SCALE 3 Ii SEMI, • SEC,]" G Mc"CRI 0 REOWM4 6MOEA0 CENTER A.." C, "MORMENt OR ERREST SE ryy V !. '` -• SECTIONS l DETAILS 1 rMRl AISLE SIACWO -SY I MAL EW/NtE SRRCVD TTKEt W11l 414. iWIU WWACT CARS) CITY OF RANCHO CL;CAMONCA PLANNING DIVISION V NORTH IT,.,I: GuP 94 -Oyo TITLE - f ✓ MS _ EXHIBIT- __ SCALE 3 Ii C;b I 9w Nt)RTMM ST RIVAL" VIMEUT IREVAMH A-� 7-\ WJV W - NAM .pg bgMNO C"M IiAMCW =MLVNA A DEVELO% NT " EFINI!ST W HAM W ELEVATIONS A DETAILS • 71!CL Ao'Al. MALL AT " 0 • I' 1 L_J J rw.rw�..r.r i1 ._ 'r— �9eeNe--00M0 �— > I q °tea• .�.�\ �OP a alb o r _� _ _ ♦ " ��q� iA�90 g Q�� I � �9H • m ��a '. a ..�. e ' ; D \ O w � / p loe Sad coN"nTUAL PLANT LIST d NORTH CITY OF ITEM: GUP 64 -Ob RANCHO CLGNNIO \GA TITLE, I PLANNING DIt'ISIO\ E \HIBIT'l SCALES yo §j �I i J �l I� 9 V NORTH CITE' OF ITe.N1:. -_ M 64-D� . RANCHO CUCANIONGA TITLE: � DIMS 'P�i4Al PLANNING Dl\'LSICXN EXIIIRIT:_ SCALE V/ J • r- U� .�� 1 ,.SST, a., "� �`0•�. J. Lla. �''�i ,may, I•A CITY OF RAINCHO CUCANIO \GA PLANNING DIN ISM b V NORTH ITEM: CA 94 -L*-- TITLE! !(.)PWAdtP- 'PLAN EXHIBIT:. SG\LE: ys C � 0 w w J MIL6111 AVGM VICiMI'A LOO, w VJ _ _ w -- —_ —` -- -- ---- -- - "�� DAY CREfe SOMLEVAAE • '____.ice..- ._ - -•� . -rte- z'. ____.,__ _=y; 1001MILL EOVLEVAEO TYPICAL STREET SECTIONS V NORTH CITY OF ITEM: GuP U - 0& RANCHO CCCAXIO\GA TITLE: S'IE�tT t.��i'f1A1J� • PLANNING DIVISION EXHII3IT:_AS-$CALE vs lk 7V%zJ g♦ \ '''°lam �G e —�j CGK�IJ n r J L-ac: rbcc »5 V S,d. Cumuy Fat , Escondido. CA. CITY OF ITEM: C P 84- n RANCHO CLEMNIONGA TITLE: fr!ku��It� MAIL PLANNING DIVISION EXHIBIT ;-A - _SCALE � vv •' ;L. ES de £ V I V S,d. Cumuy Fat , Escondido. CA. CITY OF ITEM: C P 84- n RANCHO CLEMNIONGA TITLE: fr!ku��It� MAIL PLANNING DIVISION EXHIBIT ;-A - _SCALE � vv TABLE 111-121 (l61,imewv FL^A) TREE PLANTING GUIDELINES AND STANDARDS (Continued) LOCATION 6. Parking lots of commercial centers. TREE TYPES Round- headed, spreading evergreen trees, 35' -50' tall Trees at entries may be deciduous and /or columnar 0 CHARACTER A tree's ability to provide shade and to resist heat is essential for its use as a parking lot tree. Trees used to designate the entry to a parking lot should be different from the trees lining the street. PLANTING PROVISIONS AND TREATMENT Strips between rows of parking stalls; planters should extend into a parking stall occasionally occasionally to break up the straight tows, Trees planted a distance of 10' less than the tree's diameter at maturity on center. A sufficient number of trees shall be planted such that when they are matured they will shade 50 percent of the parking area at solar noon on August 21 (1 p.m. Day- light Savings Time). This entails, at a minimum, planting trees at the re- quired spacing in all strips between parking stalls. • REPRE- SENTATIVE SPECIES Prunus Species Flower' Cherries Ceratonla siliqua, Ca Cinnamomum camohora, Camphor Ficus rubioinosa, Rusty Leaf Fig Schinus terebinthifolius, Brazilian Pepe,r Ulmus panvifolia, Chinese Elm CITY Or ITEM: 6A p s4-o6 RANCHO CLCANIONGA TITLE: 00%AL?L" �_ �PT PLANNING DIVISION EXHIBIT' _.iw_ SCALE: yt r1 LJ C is �i�ryry j t „T,: saAPE NORTH CITY OF ITEM: CA) P 84-eG RANCI-i0 CUCA"IONGA TITLE: CU LOW LL PLANNING DIVLSON E.XHIDIT: 3' SCALE: Vo � t < THE VICTORIA COMMUNITY LAND USE PLAN • On the following pages is the land use plan for the Planned Community. On this diagram, the integrative open space elements that unify the residential and commercial uses of each village have been illustrated. Victoria Groves, Victoria Vineyards and Victoria Windrows each have a multi- use community facility as the central village amenity. Victoria Linear Park links these open spaces together and j provide one continuous pedestrian and bicycle trail system j for the entire community. At the terminus of Victoria Linear Park, adjacent to Victoria Lakes, is a city park facility. A lake overlook at this location will allow views south into the heart of the regional center. The open space connection to the regional center is provided by the public pedestrian and bicycle trails of Victoria Linear Park, which follow the lake edge into the regional center. The residential areas are connected to the central community open space of their village by the trail system. REGIONAL SHOPPING CENTER t The focus of urban activity is the regional shopping center. The lake system actually comes into the heart of ' the "U" shan_ed center, creating an active exciting place for (_ people with a mix of civic, community and commercial activities along the lake edge. Surrounding the regional center will be related commercial businesses, offices and some residences. Near each Village, a convenient 1 neighborhood shopping center will serve the everyday needs of Village residents. The goal is to provide a balance of commercial activities within Victoria and Rancho Cucamonga that encourages a more I interesting and diverse city, and promotes the conservation of energy and natural resources by placing these facilities close to the people who will be using them. 37 q? � c � jTHE VILLAGE OF VICTORIA LAKES • A UNIQUE WATER- RELATED URBAN COMMUNITY The character of Victoria Lakes is formed by the unique relationship of the residential, office, and commercial land uses surrounding the lakes -this village's central open space. The intent is to create a high quality, water i related urban community, with an active, people- oriented 1 water edge that serves the residents of the Victoria Lakes Village, the entire community of Victoria, and the City of Rancho Cucamonga in general. VILLAGE ENTRY iThe most gracious entrance to residential portions of the Village is on Victoria Parkway at Baseline. North of Baseline, Victoria Linear Park's naturalized landscape • character and design is similar throughout its entire length. South of Baseline, however, the Park and Parkway ltakes on a more formal character, with regularly spaced trees. The Parkway terminates at a large traffic circle at tthe north end of North Victoria Lake. There will be a lake overlook at this point - a place where people can get out of their automobiles, or park their bikes for a moment and look across the open vista created by the lakes and lakes' edges. I • L yP C t • THE VILLAGE EDGES • IU The Village edges are the railroad tracks on the North, Etiwanda Avenue on the East, the Devote Freeway on the Southeast and Day Creek on the West. The edge treatment for Etiwanda Avenue and the railroad tracks have been discussed previously. The proposed treatment of the Day Creek right - of -way and the adjoining Southern California Edison corridor is shown in below. Because of the excellent visibility of the southern half of the Village from the Oevore Freeway, most of the land adjacent to the freeway will be occupied by the regional shopping center and related commercial facilities. This serves the needs of the major department stores for freeway visibility and access, and the needs of the residential community for buffering from the freeway. ,4jr:n.ta.m w.rn < � uSlY.i :. e�Nxkv.vy �K. -m�.s ,�M.uuu v4.cuu wvs.0 Ow C. 74 V9 Day Creek l S CE C � VICTORIA LAKES LINK THE RESIDENTIAL AND COMMERCIAL COMMUNITY The lakes proposed for this village will provide the visual and land use connection between the residential, office, and commercial facilities. Because of the change in grade, there will be a series of terraced lakes, each large enough to create a dramatic visual impact. On the following page is an illustrative drawing that shows how the lakes might be arranged to accomplish the intent of this plan. Beginning with the northern lake there is a succession of changing land uses as one moves south along the lake edge. Around North Victoria Lake are residential areas of urban character and density. Central Victoria Lake is surrounded by office and commercial activities or additional residential uses. South Victoria Lake is enclosed on three sides by the regional shopping center and lake side commercial uses. V 4.''r NGOK fy,y L:.,p•y�YU �T JJ.S ti::� O�.�J4I A(J• vY LiL Jr1yy1l. Y,MO JM14 [11(., Y[,.IL rLO�Lit 75 's0 ._ Jo MIIViF�JI_irinlyy GN1.\ i.'nHW • • µ��A )N4 i{aM'ryr 'kv owrty.xw :P,,, [u[N ••wnY[ -�fY VUYa 1lllµ.,.y{ AM wo CJ Aryrw mwmauwx uw, I 11� .� ilillt 9 I�I� NGOK fy,y L:.,p•y�YU �T JJ.S ti::� O�.�J4I A(J• vY LiL Jr1yy1l. Y,MO JM14 [11(., Y[,.IL rLO�Lit 75 's0 ._ Jo MIIViF�JI_irinlyy GN1.\ i.'nHW • • µ��A )N4 i{aM'ryr 'kv owrty.xw :P,,, [u[N ••wnY[ -�fY VUYa 1lllµ.,.y{ AM wo CJ C i PUBLIC PARK AT NORTH VICTORIA LAKE • residential community to the north and the regional center At the north end of Worth Victoria Lake, on both sides of p Victoria Parkway, a public park facility will be located. This center will serve the entire city and may contain uses I compatible with the character of the lake. All lake edges Etiwanda Avenue is an excellent location for office will be public to provide maximum access to this special buildings and medical clinics. These uses would be park. compatible with the residential areas on Etiwanda Avenue. OFFICES ON LAKE EDGE East of Day Creek Boulevard, on either side of Middle Victoria Lake, might be mid- to high -rise office complexes. This use would be compatible with both the residential community to the north and the regional center to the south. Additional residential uses, should they be p necessary, would also be appropriate on the lake edge. Some S commercial activity, like restaurants, etc., would also be • appropriate in this area. Between the office complex and Etiwanda Avenue is an excellent location for office buildings and medical clinics. These uses would be [ compatible with the residential areas on Etiwanda Avenue. TRAILS FOLLOW LAKE SYSTEM INTO HEART OF THE REGIONAL CENTER The park and trail system of Victoria Linear Park continues along the edges of all the lakes. Where the lake system crosses Miller the trails will continue into the heart of the regional center open space. Public access will follow the lake edges. The quality of the edge, that is, whether it appears as a natural lake edge or an urban water edge, may vary., As one moves toward the regional center, there t will be more opportunities for bulkheads or small piers, emphasizing the urban quality. The cross- section below shows a typical condition at the lake edge in the residential areas along North Victoria Lake. 76 S� - s 0 i i i ii :l ai ME.. l qF* it v€ I i 0 ILLUSTRATIVE CONCEPT PLAN VICTORIA LAKES AND REGIONAL CENTER Victoria A Planned Communi in Rancho Cucamonga IM ew■ m land plannm 77 S RR RR N '� M �q.�,�a • {� i 'RR RR RR i H t RR RR qq; C ? � RR RR t b � RWaAL VICTORIA LAKES. i RR LAND USE LEMEW i .— i eelcamet S y a RP - =k �..r �'. - .. COWMIICJLL _ ®:igrflllw Q AOrlr MUf.s w.V.WMw. it IV:, 0 Q .VMapr�InY Cenw k" aRltll UlfJ RR l] e.c' r:,ewi:Wm l•°'rmarMa Ci a:M.MAI, M.. i, COMMUNITY PLAN Victoria A Planned Community in Rancho Cucamonga 72 Sj C t REGIONAL CENTER IS URBAN FOCUS FOR VICTORIA The regional center will be the commercial focus of Victoria and of the region (which extends beyond the City of Rancho Cucamonga to include western San Bernardino County). It is important that this center fulfill its role as the active terminus of the community wide open space system, and as an outstanding regional commercial facility. The array of department stores and commercial activities that typically fill a regional center will be a great credit to the City of Rancho Cucamonga, both in the image it creates for the city, and in the revenue it provides through sales taxes collected by the regional center merchants. The lake and open space system that connect the center to the community will make this development a unique place that will function as the civic plaza for Rancho Cucamonga, and where many public functions can occur. On the following page is an illustrative diagram showing the character of the open space within the center that will make this place exciting, people oriented and active. The trail and bicycle system will have direct, convenient access to the center along the lake edge. Activities on the lake edge within the center might include restaurants, movie theaters, "fair" type booths, small boat rentals, or any one of a number of other uses that would encourage the participation of center visitors. so sy i 1 It fL l �L i L rl • u f i Regional CMrer• - Lake Eljc Char•-4urci-SLrdt 81 St N < j ii et G II I 1 � y Regional CMrer• - Lake Eljc Char•-4urci-SLrdt 81 St fill L VL' LYAL \V11V V V VAL11 V1Y VA MEMORANDUM DATE: June 272 1984 TO: File - CUP 84 -06 FROM: Dan Coleman, Associate Planner SUBJECT: PLANNING COMMISSION WORKSHOP SUMMARY The Planning Commission held a "design review" workshop to review the Master Plan for the proposed regional shopping center. The purpose of the meeting was to obtain the full Commission's input and guidance regarding three major design concepts: 1) site planning, 2) landscaping, and 3) architecture. The following is a summary of the Commission's recommendations: 1) Site Planning - The lake should be a stronger form - giving element that reflects the Victoria Lakes Village theme. The lake should penetrate inside the "ring" road to relate more directly to the mall and provide greater visibility of the water element and lake edge activities. A mixture of active and passive recreation activities, and commercial and commu- nity activities should occur along the lake edge to encourage people to go from the mall to the lake. Buildings and activities should be planned to promote visibility of the lake. The trails around the lake and through the center should be designed as an attractive focus of attention. 2) Landscaping - The landscaping theme was approved in concept subject to providing planter islands within the larger expanses of parking. The landscaping should provide an attractive unifying theme that compliments the architectural design. 3) Architecture - A unifying architectural theme should be developed Tor t� with common design elements and materials. The use of natural materials and earth tone colors is recommended to reflect the rural /rustic character of Rancho Cucamonga. It was suggested that design features that reflect the City's winery history, such as, covered trellises and vines would be appro- priate. DC /das cc: P. C. C. C. S0 • • • RESOLUTION N0. 84 -85 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECOMMENDING APPROVAL OF A MASTER PLAN AND CONDITIONAL USE PERMIT NO. 84 -06 FOR A REGIONAL SHOPPING CENTER LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF INTERSTATE 15 IN THE VICTORIA PLANNED COMMUNITY WHEREAS, on the 6th day of June, 1984, a complete application was filed by HFA Associates for review of the above- described project; and WHEREAS, an the 22nd day of August, 1984, the Rancho Cucamonga Planning Commission held a public hearing to consider the above- described project. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That the proposed use is in accord with the General Plan, the objectives of the Development Code, and the purposes of the district in which the site is located. • 2. That the proposed use, together with the condtions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Victoria Community Plan and Development Code. SECTION 2: That a supplemental Environmental Impact Report has been prepared for this project which contains mitigation measures that reduce impacts to an insignificant level. follows: NOW, THEREFORE, the Rancho Cucamonga Planning Commission resolved as 1. That pursuant to Section 65850 to 65855 of the California Government Code, the Planning Commission of the City of Rancho Cucamonga hereby recommends that the City Council approve and adopt the Reso.lutidn approving Conditional Use Permit 84 -06. s% Resolution No. 85 -85 Conditional Use Permit 84 -06 Page 2 BY: 2. That a certified copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 1984. OF THE CITY OF RANCHO CUCAMONGA rman u I, Rick' Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of August, 1984, by the following vote -to -wit: • AYES: COMMISSIONERS: CHITIEA, STOUT, BARKER, MCNIEL, REMPEL NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE C 0 r- 6-1 0 41 7 MEMORANDUM T A J } L iii L 1.i 19T DATE: November 7, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner SUBJECT: REVISED RESOLUTION FOR CONDITIONAL USE PERMIT 84 -06 - HFA ASSOCIATES- Attached please find a revised Resolution for the Hahn Regional Center, CUP 84 -06. The revision includes an added condition agreed upon by staff and Hahn representatives at a recent meeting. This condition would re- quire submittal of a refined conceptual Master Plan within 90 days which would address the proposed design guidelines. RG /jr S t • RESOLUTION NO. opity -oa A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MASTER PLAN AND CONDITIONAL USE PERMIT NO. 84 -06 FOR A REGIONAL SHOPPING CENTER LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF INTERSTATE 15 IN THE VICTORIA PLANNED COMMUNITY The Redevelopment Agency of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: That the Master Plan and Conditional Use Permit 84- 06 are approved subject to the following conditions: I. That this approval is conceptual approval of the Master Plan and CUP only and does not constitute approval of any specific designs. That specific site plan and architectural review is required for each phase of the project. 2. The northernmost lake shall be the form- giving element and provide greater visibility of the lake and lake edge activities. In addition, a second smaller lake • shall be provided at the northeast corner of Day Creek Boulevard and Victoria Loop consistent with the Victoria Lakes Community Plan. Buildings and activities around both lakes should be planned to promote visibility of the lake. 3. Trails around the lake and through the center shall be designed as an attractive focus of attention through landscaping and special treatment. 4. That mitigation measures provided within the Environmental Impact Report will be required upon each individual phase where applicble and when necessary to the satisfaction of the Community Development Department. S. A refined conceptual Master Plan shall be submited within 90 days that addresses the design guidelines in Conditions 1 -4 listed above. 6. A unifying architectural theme shall be developed .utilizing common design elements and materials. Natural materials, earthtone colors and design features reflective of the City's winery heritage, such as covered trellises and vines shall be • incorporated into the overall theme. (0 O Resolution No. • Page 2 SECTION 2: That a supplemental Environmental Impact Report has been prepared and certified for this project which contains mitigation measures that reduce impacts to an insignificant level. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: . Beverly A. Authelet, City ClerW G/ • RESOLUTION NO. f�-R F1 — 2 1 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE MASTER PLAN AND CONDITIONAL USE PERMIT NO. 84 -06 FOR A REGIONAL SHOPPING CENTER LOCATED NORTH OF FOOTHILL BOULEVARD, WEST OF INTERSTATE 15 IN THE VICTORIA PLANNED COMMUNITY The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: That the Master Plan and Conditional Use Permit B4- 06 are approved subject to the following conditions: 1. That this approval is conceptual approval of the Master Plan and CUP only and does not constitute approval of any specific designs. That specific site plan and architectural review is required for each phase of the project. 2. The northernmost lake shall be the form - giving element and provide greater visibility of the lake and lake • incorporated into the overall theme. co 3- edge activities. In addition, a second smaller lake • shall be provided at the northeast corner of Day Creek Boulevard and Victoria Loop consistent with the Victoria Lakes Community Plan. Buildings and activities around both lakes should be planned to promote visibility of the lake. 3. Trails around the lake and through the center shall be designed as an attractive focus of attention through landscaping and special treatment. 4. That mitigation measures provided within the Environmental Impact Report will be required upon each individual phase where applicble and when necessary to the satisfaction of the Community Development Department. 5. A refined conceptual Master Plan shall be submited within 90 days that addresses the design guidelines in Conditions 1 -4 listed above. 6. ,A unifying - architectural theme shall be developed utilizing common design elements and materials. Natural materials, earthtone colors and design features reflective of the City's winery heritage, such as covered trellises and vines shall be • incorporated into the overall theme. co 3- Resolution No. Page 2 • SECTION 2: That a supplemental Environmental Impact Report has been prepared and certified, for this project which contains mitigation measures that reduce impacts to an insignificant level. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984, AYES: NOES: ABSENT: Jon D. Mikels, Mayor ATTEST: . Beverly A. Authelet, City Clerk G 3 • 11 -104 LIST LF .IAKh ANIS PAYEE ffr----------------------------------------- I'L__ 30_. A E R TIRE SEnvILE i 2 A- AAE.Lc LOCK o KEY M •' 753 A.L.U. MAINTENANCE $EFVICC E A611GN cUSIF•ESS F.ALHINES L T92 ALLARD, ShcLTON C D'CONWIF L 19 ALTA LCMA ChARTEn LINES L "L. 509 AMERICAN EKFkLSS 1 7E3 AMi RICAt. NA7ICNAL CFLLE k 7E4 AMERICAN RtO CFOiS > 211 API ALARM 5141EI45 A 24 AABCR NUFSERY INC. 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AE.Llr.l.1 AVL tC'SCL 3,1LI.00 I, 773 MEN J WOOD, INC. sAIKI SUFPLIE� 115(1 Sc0.6T 1" 509 XEROX CORPLRATION SFitn1FFS SEF7tMEER hi i. LThER ITEK. 1L5C2 2,997.61. - 310___YAULON.OISPGSAL SERVICE FLLICL STA110 INASh .. ISF' -SAL ..G:L3 7C'UC "I 1114L _It_6k 5t2,97t.54 .I • 10-31 -BS IISI OF aALFAP T, •!1 PAYEE �� __ ____ _________ •I• _ 13_ ACT /Uh 2USINESS MACHINES �'•( 253 BILL C WAG'S INC ' 1225 MAINTENANCL 'LxLkINTLNIL 777 V10En FLUS LAN,r.J CU.A °UNCA FA.c 1 ilfM LE�CR WAKRl. ________-________________________ ___ ________________ _____ ____ ___ ,r CnEL4 "VE ;LAF UIFICE ELUIP is �1nEk ITEMS m li^ 13 - 163 TGWING -VUIO CHECK Fn0 E LThLN ITEMS (Cit S" hl a,SLC VLIC -CLICK 15,UL0 1„117 lt> 11 ,5 725 MAINIENAMCE SLPENINTENGENI AcSLC 817 ORANGE IMFIRE ChAFTEk I.:.E.C. E15 ON70 1C AIFPURI CENILF -25 STATE CCMFLNSAIION INS. FLNL k1t COUNTY OF SAN ctRNARGINL 815 FEFM•S FAST PINCER INOE} 523 DE JL'LRNETI, Bub 517 ZAIKG, CHRIS 122 HEFCHENFOELLF, NANCY 602 MEYER, PATkICIA 519 TORREZ, TING 1B8 BEDROSIAN, NOTCH 278 ROBERT RIZ40 700 ICMA 132 GLEhCALE FEOchAL SAVI'VCS 755 ANN_HUNSBEFGEF 13— ACT10N BUSINESS MACHINES 83 COVINGTON C CRCWE 213 BAILEY SIGN A &T5 BIC SANDY MATLOCK 751 HYATT SAN JOSE 351 TRAh S -WEST FLFL TRUCK 2r XECU- L-EOUIP. CO. 812 E %ECU II VE NOMEh INTERNATIONAL 173__NARBDR ADMINIS79A70NS C.P.C. -COLOR LAB 35C U. 5. FOSTMASTcR E20 FEGENT5 LF THE UNIV EhSITY OF CA 8 .0. 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M h MlillaAnwn N • sic, a,x (b) ,b. to .M r .:N.w At tww w Mril w M .wlwN ant N ,M Ywr.,,. N M Alwb.lit M..MI Ce At,. ❑. STAR W CAI,J x C.1 N .___�C BerRe MSIIO__ _____...0.w.._.�D!.$.••...... -.. 14, AmdAIa i hwr lwyuu/...Y.wa u .w... nu,l. .nJr ✓.w Y+4 w. ..e. w. n..,. Fr`4u ....r. r._�, � n'i_�,,.w..w. ,..w„ Aw.e .. h �....A� w .Nw.�... H ��1I,1 • iA ti M1/../..uuw -..;.. .. .M M1 .rYw ..Y y .n 4 APPLICATION by TRASCIM0111 IS. STAR W CAUIK)WA Ccm,d N...--`!n.- '�LIT.l :aC .--------- r ... w,..�. ++. ter...... M uu.. � MY� 1• U. NwiNO N Ikr,wN1) 11 d lw. .I R. Utmw NV.M,h E z1vis ADMINISTRrTgN OCT 17 Im z ^Cn , " T.: w Nww CM a re C.I. q.N1 P Im +v v....Ntn niw_ o.,,. w., r.........1✓': -i ^�� 017v. c.l D. No NN NIW MIw1 rw um; iw Drp w Dw DIAL A 11 - I w , p Mw. ❑ ............."_"" "...........- .._..............- -_CNN AAACID ....... !.- :.�...... ..- ............. -... w w, p LII„f.eA M N.42Q»fiC�.w •.SAd �_ —• «, __ __oQw w ................. Alwyn 14 ............... ... "... Takte srNr,av i I�i � � MareL Club • dI L'2clel�I , 131- r� N J r � 1 � � nllt%NEL �ie `li¢GAcli ;n,tiT ELePAnuT eSTf�'„OU.T is LeY-HTCtW B MD9dlSJDe of r'OoTA,LL 'BL.0 b SluST F-A,4r nr' / LIgAJer AUFA,ete u, -r6,a 24e CWL L(. Es- rn6L,IAMpur. roPeftTq Cja&etiTLY toA)eb o A D�4Ce,uT P;2oked l- r ES (:veAje1M( Cov ine -welgL A10 12r, Ibw D&i, -N 2KlD -nK.Fi t"RST IC�7/�°t) COJM_ Mr . SDC[Tl�l IL�F /ff' II:Of Fr$IOiu/•i(., cuF >T /bed. Coin . G cAIeQAL "R-AA) : CDmme1!LIRL AZT iYeAsr Y;io4f2Ti k P.) Mo lv4 IL.a.> MPN3,7d a(z, lvr /A Sru�fi /DRF:cr �oF�ssi�,A[ wcs r 16,e4 (f ~,n • 0 • • 0 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 2C 21 22 23 24 25 26 27 2e JA;fES C. HAZE% Attornev at Law 337 North Vineyard, Suite 201 Ontario, California 91 ?61 (714) 986 -4510 Attorney for: Claimant In the 'latter of the Claim of, SCHERRY ANN McPHERSON, Claimant, STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CITY OF RANCHO CUCAMONGA, CHAFFEY UNION HIGH SCHOOL DISTRICT, Defendants. CITY OF RANCHO CUCAMONGAQit� I ADMINISTRATION CL84_ ;3 f OCT1004 C{R aA�', 17 fro AN �J 7�Si9�d1�I�111�s141S18 FIRST AMENDED PROPOSED CLAIM FOR PERSONAL INJURIES AND PROP -. ERTY DAMAGE (Section 910 of The California Government Code) TO: STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO, CITY OF RANCHO CUCAMONGA, CHAFFEY UNION HIGH SCHOOL DISTRICT: YOU ARE HEREBY NOTIFIED, that SCHERRY ANN McPHERSON, whose address is 8386 La Colina Drive, Alta Loma, California, who amends her Proposed Claim for Personal Injuries and Property Damages, and claims damages from the State of California, County of San Bernar- dino, City of Rancho Cucamonga, and the Chaffey Union High School District in the amount, computed as of the date of presentation of this claim of $100,000.00. This claim is based on personal injuries sustained by claimant W: 1 on or about June 7, 1984, on Sapphire Street, near its intersection) 2 with Vinmar Drive, in the City of Rancho Cucamonga, Countv of S 3 Bernardino_ State of California, and arising from the claimant, 4 while driving her her vehicle, a Chaffey Union High School Bus, 5 pulled to the side of the road, claimant then attempted to pass thel I 6I', said school bus, when her vehicle was hit by the school bus, causin 7 damage to tier vehicle and injuries to her bod7. 81 Sapphire Street is under the control of the City of Rancho I 91 Cucamonga, Count;: of San Bernardino, State of Californ ia. The 10l City of Rancho Cucamonga, Countv of San Bernardino, State of Cali - ll fornia so negligently designed and maintained said street that it 121 , posed an imminent threat of harm to those operating motor vehicles 1311 on it. The accident for which Scherry Ann McPherson is claiming I 141' damages from the defendants, and each of them, was proximately 151 caused by the negligent design and maintenance of said street by� 16i the defendants, and each of them. 17' The accident was further proximately caused by the driver of 18 the bus, an agent of Chaffey Union High School District for failin' 191' to maintain control of the vehicle. The negligent driving of the 201 21 22 23 241 251 26 27 28 bus proximately caused said accident. Approximate expense for medical care todate for: SCHERRY ANN MCPHERSON $2,000.00 Future Special Damages Unknown General Damages for pain and suffering for SCHERRY ANN Mc PHERSON 100,000.00 IN J n U • 0 1 2 3 4 5 6 7 8� 9 10 lli 12 13! 14 j 15 ! 16 17 18 19 20 21 22 I 23 24 25 26 27 28 All notices or other communications with regard to this claim should be sent to Attorney for Claimant at 337 North Vineyard, Suite 201, Ontario, California 91752, in care of JAMES C. HAZEN, Attorney at Lax. DATED: October 9, 1984 ` ?ES C. horn e_: for Cla imam *_, SCHERR] ANN N,cPHERSOS I%- • 1 I 2' 3 4 511 61 7j 8 9 10 111 12 13 • 14 15 16 17 is 19 20 22 23 24 25 26 • 27 28 CURTIS L. GEMMIL ATTORN[Y AT LAW fmn ASO WmTnU I(nu,cuc c[NTP I9III F.T W,�..(.......,,.� WNInIb., CALIFORNIA 90403 A A C 391 19913 Attor99yfor Claimants era * -; q (SPACE BELOW FOR FILLNG STAIIP ONLY) IE� zz V E 0 CITY OF RANCHO CUCAMONGA ADMINISTRv T10N OCT 151984 MA FV 7000111112111218141516 ! Qc! ('uAk Liyu� DARLENE ANN MELTON and SAMUEL GRAHAM MEAD, JR. Claimants, VS. COUNTY OF SAN BERNARDINO, CITY OF RANCHO CUCAMONGA, SHERIFF ROBERT WELLOTT, DOE I through DOE X, Inclusive, Defendants CLAIM NO, CLAIM FOR DAMAGES TO: (a) CLERK OF THE BOARD OF SUPERVISORS COUNTY OF SAN BERNARDINO 175 West Fifth Street San Bernardino, CA 92415 (b) CITY CLERK, CITY OF RANCHO CUCAMONGA, CA 9320 Baseline Avenue Rancho Cucamonga, CA COMES NOW DARLENE ANN MELTON and SAMUEL GRAHAM MEAD, JR. and present this claim for Damages sustained by them as /3 1 2, 31 4 5 6 7 B 9 10 11 12 13 14 JY. J 15 at3;a; 16 U o; 17 1 18 19 20 21 22 23 24 25 26 27 28 a result of the negligence of DEPUTY SHERIFF ROBERT WELLOTT an employee of the County of San Bernardino, and DOE I through DOE III, inclusive, in the operation of a certain San Bernardino County Sheriff's vehicle, which they caused to strike Claimants' decedent, SAMUEL GRAHAM MEAD III, resulting in his death. Claimants more specifically allege as follows: 1. The Claimants are DARLENE ANN MELTON and SAMUEL GRAHAM MEAD, JR. They are the parents and heirs of decedent SAMUEL GRAHAM MEAD, III. 2. The address of Claimant DARLENE ANN MELTON is 7213 Agate, Alta Loma, California, California; and the address of Claimant SAMUEL GRAHAM MEAD, JR. is 9682 Alwood Avenue, Apt. 4, Garden Grove, California. 3. The name and address of Claimant's attorney is CURTIS L. GEMMIL, Attorney at Law, Suite 460, Whittier Financial Center, 15111 E. Whittier Boulevard, Whittier, California. 4. The date and time of the collision and resulting death was September 13, 1984, at or about 10:56 p.m. 5. The location where said collision and death occurred was on Foothill Boulevard, east of Turner Avenue, in the /st i City of Rancho Cucamonga, County of San Bernardino, State of California. 6. At the time and location described above ROBERT WELLOTT and DOE I through DOE III, inclusive, were employees of the San Bernardino County Sheriff's Department as Deputy Sheriffs and were providing contract police services to the City of Rancho Cucamonga and were operating a certain San Bernardino County Sheriff's vehicle, owned by San Bernardino County in the course and scope of their employment. 7. At the date, time and location described above Claimants' decedent SAMUEL GRAHAM MEAD, III was a pedestrian crossing Foothill Boulevard from south to north. S. At the time and location described above, San Bernardino County Deputy sheriff ROBERT WELLOTT and DOE I through DOE III, inclusive, were operating the above - described Sheriff's vehicle westbound on Foothill Boulevard, approaching Turner Avenue. 9. At the time and location described above, suddenly and without warning, San Bernardino County Deputy Sheriff ROBERT WELLOTT and DOE I through DOE III, inclusive, proceeded westbound at a high rate of speed along and upon Foothill Boulevard and collided with the person of Claimants' decedent, SAMUEL GRAHAM MEAD, III. is 1 2 3 4 5 6 7 8 9 10 11 12 u':e 13 14 w a `y= is _3un 15 w o i6 U`0�k° 17 18 19 20 21 22 23 24 25 26 27 28 10. The conduct of San Bernardino County Deputy Sheriff ROBERT WELLOTT and DOE I through DOE III, inclusive, was negligent. 11. Solely by reason of the premises, decedent sustained injuries which resulted in said Decedent's death on September 13, 1984. 12. Solely by reason of the premises, Claimants have been generally damaged and deprived of the care, comfort, society, companionship, maintenance, services, earnings, counsel and support of said deceased, have been damaged generally and sustained pecuniary loss in the sum of $500,000 no /100 and have been damaged specifically for medical, burial, funeral and related expenses in accordance with proof at the time of trial. 13. All notices are to be sent to the Claimants' attorney above - named. Dated: October 12, 1984 DARLENE ANN MELTON and SAMUEL GRAHAM MEAD, JR. by their Attorney }° Curtis L. Gemmil (VERIFICATION — 446, 10155 r C. Pd 1 STATE OFCALIFOR.VIA,COUNTYOF LOS ANGELES • 2 3, 4 H ehe aberr mtid<d octbn or proceeding: ! hau nod tht /or[goine _ 5� 6 and Anow the ron(enu therm(; ud 1 nrsilY,thot the tame u rtu< of my oun A.mukdga, ezrept v to thorn matter, ,Aj'A 7 II are therein staled upon rnl' in /ormation or 6eG11, and m ro thota I ::en I believe it le be B II true. 9 10 1 declurt, under pem(:y of perjury, (hat the /oregcmg u true c d cartret, 11 Eee(uttd a i a< ldotd (place! Ccl:(ornta 12 13 lsicnawr[/ .4 • PROOF OF SERVICE 1$ By M.UL 11013s.:PiS C. C P.) STATE OF CALIFORMA, COLSTI OP 16 ji "u ':y y urfsa,d; I am user the op( of erek:rta inn and nee a pony to the uilh;n [nnJed mr�bus:nn, llns it 17; 15111 East Whittier Boulevard Suite 460, bhittiCr, CA 90603 18 it on October 12, 19 84 1 ler[rd the aitsln CLAM; FOR DAMAGES 19 ;i 20 AND OF THE BOARD OF SUPERVISORS, CJ Ii;r 1 OF SAN BERNAR 11 ti AND CITY CLERK, CITY on th< OF RANCHO CUCACACA <n IC,d 0(.1'Jn, by plt[;rg a IIYC CnpY Ihfr(a/ L ^(IJSC1 :'1 y r<::!: Lntr:apL YI:Y p0lfaif Ih[nOn ILi ll 21 .I p /Lpcl�, In the uno(d sls,,:,, mau a( Whittier, California oddrtu(d m jolfoat: 'I 22 I i� CLERK OF THE BOARD OF SUPERVISORS 23 COUNTY OF SAN BERNARDINO 175 west Fifth Street 24 San Bernardino, CA 92415 25 CITY CLERIC, CITY OF RANCHO CUCAMONGA, CA 9320 Baseline Avenue 26 Rancho Cucamonga, CA 27 I / declarry ar,d r p[mlty a/ pcqury, that (arrcoinc j the u true a,Yi mrre(t. 28 E.Cwe.ian October 12, 1984 Whittier (date! — —ae. .. � CuLlunin 7 d h a p3.LCCLIlG «' Y 4-t to Pa c r.he Co lsi,1111 f1 n. ..I 'co filed nor !o'•- ___ er than 1 year ofteijJ- o2 tiCeE_ �1 -a -s to real property must be fi'` *There are foul clai>r�nt= to �s claim; .917,2),.- .. additional info on each is attaches o?cuLed ��, _ .., each is related t•i;� accident wtuch CITY CE RAHiI . . on 8/1/84- 91730 28 70: - - - Apt p; Rancho Cucamo' _- — - 8460 TurheY JOHN BAKER, _-- �_- - - -'.d • _ BELOUD ANDMANNERINO. _9333 Baseline_Rd _t; Suite _Rancho Cucamonga, _CA_ 91701 -... Cai, -cnt wis!'.'s not L.e: se —_- _.. ,.,.. • 1984 a _ ne o' injury occur? AygnBt 1._ CA �VH`N dia ..°.:_ 'Rancho Cucamonga, -e or injury occur? Ave., - - - -- left lane WHEP,E did daTO, While stopped in - m or m'�L ry "Sur? auto behind the claimant's HCVJ and under .'hat circa, -' 'stances did da a3e car to turn, another car struck the Waiting for a truck claima vehicle,, which le. '- -- tfs in turn - - -- - -- �— — l _1 ��c =d damage or injury' ? r r action by tl -e City, or its employees, couseo h +e - \'J "i1AT part i cc s it known) jlaCi _ice no_e. o. err pl o,,,ee -: ..•..,. y. .y_s _ . °.. .4 SIGNED ROADWA E —_ _ F'rAN .. • • ,'.'+ n p: asca <tive loss, insofar os if mo'y be known WHAT sum do you claim? Include the estimated amou of of a y - -~rat the time of the orese ntati on of; this claim,, together with the bas's or Computation of the °'haunt claimed:;, if possible) "'1` 11 E�Wp �iu1n V I 0^ , •(, ',(Attach estimates or bills, P , • Cm 1tINwnV - "•.''. ' pnzTetaYtrtShed a th— time - . . any AN t Total Amount Claimed: NAMES and addresses of witnesses, Doctors and Hospitals: 999 San Bernardino_ Rd._� upland, CA �r Hals=v Sa° Antoni___ o �°�^uO- lt�Bbepital, 92407 g niVer9eYi:'�S�d' Y hor CA Aontt WP ith ' 196 ' V ,7gHN BARER DATE 503(478) '�i . SUPFRTDR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO NAME OF MUNICIPAL OR JUSTICE COURT DISTRICT OR OF BRANCH COURT. IF ANY FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDI O WEST VALLEY DISTRICT &' 7 I V r3 W NAME, ADDRESS. AND TELEPHONE NUMBER OF SENDER CI rY OF RANCHO CUCAMONGA BELOUD AND MANNERINO (714) 980-1100 ADMINISTRJITION 9333 Baseline Road, Suite 110 Form Appror,d by the Rancho Cucamonga, CA 91730 OCT 2,10 ]D a ,s,s,nlvl�lll`�IsL¢,s s r`CPpn NOTICE AND ACKNOWLEDGMENT OF RECEIPT . ' ! TITLE OF CASE 1ABBHEVIA TEO) CASE NUMBER John Baker, Wallace Elms, Megan Hchensee and Anna Weith ACIS NUMBER VS. Clarence Martin Coty Hill City of Rancho Cucamonga NOTICE TO: .. ..CITY. OF. RAN.CH.O. CUCAMONGA ... .......... ... . pnserl name of mdrmdual JI servem This summons and other documents) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure, Your failure to complete this form and return It to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you In any other manner permitted by law. If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity In all other cases, this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons. Section 415,30 provides that this summons and other document(s) are • deemed served on the date you sign the Acknowledgment of Receipt below. If you return this form to me, Dated October 23, 1984 (Srgnalure of semdm Cynthia Williams ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) 1. ❑ A copy of the summons and of the complaint. 2. A copy of the Summons and of the Petition (Family WwI and: ❑ Blank Confidential Counseling Statement (Family Law). ❑ Order to Show Cause and Application (Family Law). ❑ Blank Responsive Declaration. ❑ Completed and blank Income and Expense Declarations. ❑ Completed and blank Property Declarations. p Other: (Specify) CLAIM FOR DAMAGE OR INJURY (John Baker) Two copies of Notice and Acknowledgement of Receipt To a eomplefeU be l«kil ll Pre- addressed stamped envelope Date of receipt: z (Srgnelur 1 person acbnowiedgmq recopi film fill, n acbnowl 9menl n made on behail of another per,onl Oats this form Is signed: n • Dnnl your name end emny J bny on greerol o who,, OeheU Ims form n ugnedl Form Appror,d by the JudNRl Cpuneil of calilomb ]D a RariOa EffeI Marcie a, 1972 r`CPpn NOTICE AND ACKNOWLEDGMENT OF RECEIPT . ' ACTS Coal 3M3. rzlb'. 3�v, Code <ec. 411.2,. _ L ?There are four ,claimants to this claw; - additional info on each is attached heretc, i o: CITY Of RANCHO CUCAMONGA each is related to the accident which oc7: -ed on 8/1/84. MEGAN HOHENSEE, 133 S. Christine, Mt. Clemens, MI, 48043 _ _ 19 BEL�)--. AND ur: `:N= .'.INO, 9333 Baseline Rd., Suite 110, Rancho Cucamonga, injury occur ? August 1, 1984 ,y uc?i dfdda- ,��e-or ;njury o_cc_ur? Aicbibald Ave., R_ncho Cucamonga, CA While stopped in left lane H C11 circumslonces did d,, ope or injr.r; occur? waiting for a car to turn, another car struck the auto behind the claimant's vehicle, which in turn struck the claimant's vehicle. _ tiC_• r.._ .y the City, ar its e - ay' ^es, cousec ti,e .' eoed -'- nce or injury? es 3�ln i IMPROPERLY DESIGNED ROADWAY WHAT sum da �x c 'in-lude t'r.e estimated amount of cn:• nr_;oer Hue inso'or os it a :. of tr.e lime o' the a 'ation of this C7"m, tagefher with the Lasis a como.dotian ai the cec.,r ea: ;A`•cc'n e0irna +e Undetermined at this time �F RANCHO Cu, MON,A - -' ADMINISTRr: N_` —Tola1 Amount Claimer OCT24 td Ah1ES and oddtes;et o' `:+itnesses, Doctors cnd H ^spitals: ! r..Ralsey, San Antonio Community Hospital, 999 San Bernardino. Rd., Upland, CA John Baker, 8460 Turner Ave., Apt F, R cho Cucamon a, CA 91730 t i i-a .u•e o rant Dn.c S03 (47B) it0. 'Sn A.mz' - es.ino,.- AZt"U&y- foc.Claiwnc SL'nioSO= _ COURT OF CALIFORNIA, COUNTY OF SAN 8ERNARDINO r.AYEO .. .. 05 :] OF 0: ' 34ANC. COJA :.,: Ar:• SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDI= WEST VALLEY DISTRICT NAME, ADDRESS. AND TELEPHONE NUMBER OF SENDER BELOUD AND MANNERINO (714) 980 -1100 �, N 1 d l3 9333 Baseline Road, Suite 110 CIT(OFRANCHOCUCAMONGA Rancho Cucamonga, CA 91730 ADMINISTRnTION OCT 241*4 T "'� Pr L91n{uI�LiL21s14Ls16 TITLE OF CASE IABBRfVIATEOI John Baker, Wallace Elms, Megan Hohensee and Anna CASE MBER Weith vs Acts NUMBER Clarence Martini Coty Hill City of Rancho Cucamonga NOTICE TO: I CITY OF RANCHO CUCAMONGA Bnsen name or ,ndnmual being servepl This summons and other document(S) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure Your failure to complete this form and return II to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you In any other manner permitted by law. If you are being served on behalf of a corporation. unincorporated association (including a partnership), or other entity, this form must be signed by you In the name Of such entity or by a person authorized to receive service of process or. behalf of such entity In all other cases, this form must be signed by you personally or by a person authonaegm by you to acknowledge receipt of summons. Section 41530 provides that this summons and other document(s) a deemed served on the date you sign the Acknowledgment 01 Receipt below. if you return this form to me Dated October . 23, 1984 ... .. Is,pnarvr< of sendeq Cynthia Williams ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) 1. El A copy of the summons and of the complaint. 2. C A copy of the Summons and of the Petition (Family Law) and: ❑ Blank Confidential Counseling Statement (Family Law). Order to Show Cause and Application (Family Lai !] Blank Responsive Declaration. ❑ Completed and blank Income and Expense Declarations. ❑ Completed and blank Property Declarations. ® Other: (Specify) CLAIM FOR DAMAGE OR INJURY (Megan Hohensee) Two copies of Notice and Acknowledgement of Receipt (To six tooth by reciplanll Pre- addressed stamped envelope \ i Dale of receipt: n of pets, leggm9 receipt : . ..i namruid gmtnl t must On oen »I .1 another per,. n) Date this form Is signed' ri- �' "' ` (• /`s,/ - / L" IType er prim ymr luande and namt al ennry. 1p any on whose EeMll In., form ., sgnee) Form Apps. by in. ,.di l Ooune of "Irl Rtr CCa iwd Eetetv Mtrch A, 19)i NOTICE AND ACKNOWLEDGMENT OF RECEIPT x,ut , 1100,41 •r 1I.0 n llCrad9 Pair Ille 41200 ♦ t I t, Ctoi S f0 de atn _ - _r!onol : r ; TpN be ri': yh • r - Claims For damages to real ?r -er•, —_st be filed not toter than 1 year after the . ouurrere (Gov. Cody 'Sec. 911 .2). - Them are four claimants to this claim; additional ;infd- on each is attached hemto ' TO: CITY OFt'xl@Ie9y CUCAMONGA each .is the am'�^t °-� ._. r.;i »... -': mac, (a14) ' Wallace Elmtij 445fi'E. Philadelphia, #396, Ontatiat-`••�� 16' 1`947 -6235 47- i-._: ^:e of Claimant _;.._. Zip P'c one - - -- e BELOUD AND MANNERINO, 9333 Baseline Rd., Suite 110, Rancho Cucamonga, CA 91701 _,- - --Vess to which C :airant , „EN did damage or injury occur? August 1, 1984 _ z T3 W HEP,E did damage or injury occur? Archibald Ave. HOVI and under whet circu Toonces did damage or injury occur? While, stobAw: fa left lane waiting for a car to turn, another car struck. the autobeSiin`d",ti�!'- vimanEc�;9 yehicle,� which in turn struck the claimant s .u:ehi:cle. .. ;,s.i:... 7,'i-.AT particular ccfion by the City, or its employees, ca - ^ed the alleged damage or injury? (Include names of employees, if Known) .'_i i;. i IMPROPERLY DESIGNED ROADWAY WHAT sum do you claim? Include the estimated amount of any prospective loss, of the time of the cresentotion of.this claim, together wihh the basis of computat (Attach estimates or bills, if possible) ' .Undistermined at this time " _ oyN G " ;..Total Amount Clamed: U. Y NAMES and addresses of witnesses, Doctors and Hospitals Nylr.,, I*Dr. Halsey, San Antonio Community _HosPita1,994''San'8eird[(r{( Anna Weith, 1969 Unfv`44441, Sdst B1irs}tardino, 1*1 i W .. John Baker, 8460 Turner Ave., Apt 'F, Re q CU ong6,. C DATE Signature of Claimant i ti cs, it. may be`�nown'� e- amount claimed-1 acs, Upland, ,ti ' SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO NAME OF MUNICIPAL OR JUSTICE COURT DISTRICT OR OF BRANCH COURT, IF ANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO FOR COURT USE ONLY WEST VALLEY DISTRICT W CITY OF RANCHO p 2 ADMINISTPCTbN ON NAME, AOOgESS, AND TELEPHONE NUMBEp OF SENDER BELOUD AND MANNERINO 9333 Baseline Road, Suite 110 Rancho Cucamonga, CA 91730 OCT 24 W4 NOTICE AND ACKNOWLEDGMENT OF RECEIPT AN 7"103 ♦ 718190h1h i1i2i3 E6 TITLE OF CASE (ABBREVIATED, John Baker, Wallace Elms, Megan Hohensee and CASE NUMBER Anna Weith VS. Acts NUMBER Clarence Martin Coty Hill City of Rancho Cucamonqj NOTICE TO, CITY OF RANCHO CUCAMONGA . .......... .. .. ...... .. ....... .. ... ... ...... Ilnsert name .find-mu.' bons lulvsdl This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure, Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses Incurred in serving a summons on you in any other manner permitted by law. If you are being served on behalf of a corporation. unincorporated association (including a partnership), or other entity. this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity In all other cases. this form must be signed by you personally or by a person authorized • by you to acknowledge receipt of summons, Section 415.30 provides that this summons and other documents) are deemed served on the date you sign the Acknowledgment of Receipt below, it you return this form to me Dated October 23, 1984 /1 � (SignalVre el sen0arl J Cynthia Williams ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of: (To be completed by sender before mailing) I. ❑ A copy of the summons and of the complaint. 2. —_ Acopy of the Summons and of the Petition (Family Law) and: ❑ Blank Confidential Counseling Statement (Family Law). Order to Show Cause and Application (Family Law). ❑ Blank Responsive Declaration. ❑ Completed and blank Incrome and Expense Declarations. ❑ Completed and blank Property Declarations. Ekoftf :(Specltyl CLAIM FOR DAMAGE OR INJURY (Wallace Elms) Two copies of Notice and Acknowledgment of Receipt IT- he ..mlNena"r 04.1) Pre- addressed stamped envelope. .. Date of receipt: •. f L - Z • -- - (Signature of person acknowiedgme receml, with title .I acknowledgment is made on behail of another Person) Date this form Is signe0'. I �'1� I /I - �' . �� tF ITY7 dr pnnl your name and name d eniity if aeY o whose beheit this loan re signed) Feral Aeproved DY the Judicial council of uummi. d Ellin Mari A. tan R.Oa. e "C"' cod" NOTICE AND ACKNOWLEDGMENT OF RECEIPT f:CPA eaAar °n 7"103 ♦ l . , ., ..:,: -n. pro.•_.. .. ..,...i ,� ..t-s a'.,. -.: •� - ror domaaes to real property must c_ filed not la!u t'' :Cc<<.� i Code.,. Sec. 911,2), � � � ' revr oftr7r fi;e occurr_fice - - _ *there are four claimants to this claim;: T C: C OF .Rkij� IO CU(�YI7ONGII _ additional info on each is attached heret6 . e9ch is related to the acci knC•Whtclf o ANNA WEITH, 1969 Universal, Sad on 8/1,/84. ' ;'�grnerdi6lQ, CA 92407 (714)88Q -1444 '27 —_- ` BELOUD AND MANNERINO 9333 Baseline Rd., Suite 110, Rancho Cucamonga, CA 91701 es ratices :ent. —__.. ..._— _.- - -_.__ _____ I WHEN did dcmcge or injury occur? '_r�'A ;�ugust 1, 1984 Y,'HEP, c' did cvmo ^ye or injury occur? a��S I& $ve., Rancho Cucamonga, CA HC':✓ and recer .N =,at cirrss tanc_s did damage- or injury occur? While sto pped.in left lane I waiting for a car to turn, another- cae'•struck the auto belh!Jd`' 'the . plaimant's i vehicle,. Which in turn struck the'claiiiiantss vehicle. *:';'iAT ca:or cdion 're City, or its employees, caused th na —nsss ci e ;;liege- domege or� injury? erne L -•.., _. it known) WHAT sum do you clam % ^,c!ude of the time cf the arese n!a`.icn of;} (Altoch es!imofes or'Sil is, if possih 'NAMES and ad( �Ir. 'Halsey,,, Jq�II.9AkGrii 994.'Ban Bernard ino.,tSdc,, A �5i9R COURT OF CALIFORNIA, COUNTY OF SAN BERNARONO .. . _ C.PAL OR Jas Ili CCURi D',STRICT OF OF ERA %. n COURT IF ANY SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDI O WEST VALLEY DISTRICT R E 6 r 9 V R 0 OF RANCHO CUCAMONGA ADMINISTR TKIN NAME, ADDRESS. AND TELEPHONE NUMBER OF SENDER My BELOUD AND MANNERINO (714) 980 -1100 9333 Baseline Road, Suite 110 Rancho Cucamonga, CA 91730 OCT 24 1964 PM 7 8�91>alllBlli�ls(4i5�e TITLE OF CASE 088REVIA 1EDI CASENUMBER John Baker, Wallace Elms, Megan Hohensee and Anna Weith ACTS NUMBER V5. Clarence Martin, Coty Hill, city of Rancho Cucamonga NOTICE TO' .,, ....,.. CI,TY.QF. RANCHO. .000AMQNGA.... - ............... ........... (msen name of individual being served) This summons and other document s) indicated below are being served pursuant to Section 415.30 of I`e California Code of Civil Procedure your failure to complete this form and return 11 to me within 20 days may subject you (Or the party on whose behalf you are being served) to liability for the payment of any expenses incurred In serving a summons on you in any other manner permitted by law. II you are being served on behalf of a corporation, unincorporated association (lncludina a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases. this form must be signed by you personally or by a person authorized by you to acknowledge receipt of summons Section 415.30 provides that this summons and other documeri are • deemed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me. Dated October. .23.,.19fl4.... �NILF'+" -y� U)' ,�W,isa U IS,gnaiwe of sender) Cynthia Williams ACKNOWLEDGMENT OF RECEIPT This acknowledges receipt of', (TO be completed by sender before mailing) 1. ❑ A copy of the summons and of the complaint, 2. ❑ A copy of the Summons and of the Petition (Family Law) and: ❑ Blank Confidential Counseling Statement (Family Law). ❑ Order to Show Cause and Application (Family Law). ❑ Blank Responsive Declaration. ❑ Completed and blank Income and Expense Declarations. ❑ Completed and blank Property Declarations. f� Other. (Specify) CLAIM FOR DAMAGE OR INJURY (Anna Weith) Two copies of Notice and Acknowledgment of Receipt Ira ba aamPNladq -!Penn') Pre- addressed stamped envelope �- Date at receipt: ., .... . . (- r Date this form Is signed' ..... f form Affiliated by One Juditisl Counck Or Calikin la Reelaad Efgcdve Marsh 4, 1972 ACIS Ca99 MIND f6gnature of plrson chnowledgm9 II.cagt. wnn bne4a acMOwledgma t n made on behalf of anamer p9aom vii Or ny nnl Your name and name el entity, d .. , on note seas)) this )arm H signed) NOTICE AND ACKNOWLEDGMENT OF RECEIPT .% jr ce 111.1530 4. s, .1 1, Co." nine isle • • • 1 JAMES R. FARRAR 7638 Granby Street 2 Rancho Cucamonga, CA 3I 4 5 X� Claimant 6I 7�• g. I 0I 10 JAMES R. FARRAR, 11 :I Claimant, 12,1 -vs- 13; STATE OF CALIFORNIA; COUNTY OF SAN BERNAROINO; '_lll and CITY OF RANCHO CUCAMONGA, a municipal 15�, corporation, 16i Defendants. 17� CL lY -Jo (DACE 9ELOw FOR FTUNG nAMP ONLY) CITY OF RANCHO CUCAMONGA ADMINISTR, TION OCT 061981 MA i18111�1'7F5�6 Claim No CLAIM AGAINST PUBLIC ENTITIES 18, TO THE STATE OF CALIFORNIA, THE COUNTY OF SAN BERNARDINO, AND THE CITY OF RANCHO CUCAMONGA: 19 20I JAMES R. FARRAR hereby makes claim against the STATE OF i 211 CALIFORNIA, the COUNTY OF SAN BERNARDINO, and the CITY OF 22 RANCHO CUC,aMONGA for the sum of $ 1,020,000.00, and makes 23 I the following statements in support of this claim: 24 1. Claimant's mailing address is 7636 Granby Street, 25I Rancho Cucamonga, CA 91730. 26 2. Notices concerning this claim should be sent to: 27 Mr. James R. Farrar 7638 Granby Street 28 Rancho Cucamonga, CA 91730. -1- A6 it IIi 111 3. The occurrence giving rise to this claim occurred 2 ij on July 18, 1984, at the intersection of Foothill Boulevard and • 31 Turner Avenue in the City of Rancho Cucamonga, Countv of San 4�j Bernardino, State of California. 5I 4. The circumstances giving rise to this claim are 5 i as follows: 7 Claimant's wife, DOROTHY FARRAR, was crossing Foothill 8 ii Boulevard on foot,from the north side to the south side of 9 �,� i Foothill Boulevard at its intersection with Turner Avenue, io and was struck by a vehicle driven by ROBERTA MARIE DAVIS 1111,, a /k /a ROBERTA MARIE STOKES, who was traveling westbound through 12 the intersection at a relatively high rate of speed, due to 13 lack of traffic controls or crosswalks at this intersection, 141�� evidencing negligent design and maintenance of traffice through 15 ! the intersection. • 16 5. DOROTHY FARRAR's injuries were multiple injuries, 17 and she died shortly following the accident, due to said injuries. 18 6. The names of the public employees causing the 19 f decedent's injuries which necessitate this claim are unknown. 20 7. This claim, as of the date of submission hereof, 21 is in the sum of $ 1,020,000.00. 22 8. The basis of computation of the above amount is 23 ! as follows: 24 Medical expenses $20,000.00 25 General damages $1,000,000.00 26 DATED: October 25, 1984. 27 J ES R. FARRAR Claimant _2_ Southern California Edison Company October 18, 1984 84 -06790 Rancho Cucamonga, City of CERTIFIED MAIL City of Rancho Cucamonga 9320 Baseline Road Alta Loma, California 91730 Attention: City Clerk Reference: Date of Discovery Location: Our File Not August 9, 1984 N/s Baseline, E/o Hermosa Rancho Cucamonga, California 84 -06790 Gentlemen: . Enclosed is our Claim Against a Governmental Agency in the estimated amount of $3,000.00. When our actual costs are known, this claim will be amended. I£ additional forms are required for a claim of this nature, please forward copies to this office in the enclosed return envelope. Sincerely, MW /pka823 enclosure IR M. Williams Claims Collection Representative SadhemCali/omia Edison Company .1M Y•MVT {NOV{ • {Ot NI• NVI {Y {N {�C•l11{NN11 •IVn• STATEMENT of CLAIM • I{'••''' {Y' {'I Dec 10/18/84 CITY OF RANCHO CUCAMONGA inwY•NUr.++•r 84 -06790 w.k ad. N.N , 4505 -2268 Cost to repair and /or replace facilities damaged on or about August 9, 1984, located at the north side of Baseline, east of Hermosa, Rancho Cucamonga, California. p au N•v .rn Estimated cost to repair: $3,000.00 all • • E CITY Of RANCHO CUCAMONGA t.DMINISTH, TION OCT 29 1984 Index No.64 -06790 AM Ill 718191 U02111213AA6 CLAIM AGAINST A GOVERNMENTAL AGENCY A Southern California Edison Company, a corporation, is hereby presenting its claim for property damages to the City of itanche Gucamonga 1. The damage occurred on (date) AigiRa (time)D, A 2. (Location) Dtorth sisl_aaseJ ine Pa =t of upr,nnSa Rannhn r, arnnnga, 3. The damage occurred as a result of , ccf ra. fnr= wnrtr4pg for ri rri y of Ranrhn _Cucamonga changed gradf around Fdisnn pniP and anrhnrc • 4. General description of property damaged FAi = ^n poles nd an,h.,r 5. Amount or estimate of damage or repair costs - iwvaico 6. Name and address (if known) of public employee or agency causing damage n�_e €__vR.,,,: o_ ^ ^g °, 0190 R= .tin, Road, Alta Loma Cali.E"r 4a 9174n All correspondence in regard to this claim SOUTHERN CALIFORNIA EDISON COMPANY should be addressed to: Southern California Edison Company P.O. Box 900 By: ,T ,_A gall_, • Rosemead, California 91770 Supervising Claims Representative Attention: M Willizm� p .1.......I W 30 CITY OF RANCHO CUCAMONGA ADMINISTRATION OCT 29 i4 Index No.84_06790 7i80110011211/i` "9AINST A GOVERNMENTAL AGENCY The Southern dalifornia Edison Company, a corporation, is hereby presenting its claim for property damages to the G}>_f of Ranoho lusamca qa 1. The damage occurred on r 3, The damage occurred as a result of aontLCtors wnrkj ng for r: t_ of Ra ti 4. General description of property damaged Edison point ^nA � nr 5. Amount or estimate of damage or repair costs 6. Name and address (if known) of public employee or agency causing damage Cj%y QjE gap&hg . f ssE>wT.>•ZT9'iS — — .Cf. .. 5Sf. r All correspondence in regard to this claim should be addressed to. Southern California Edison Company P.O. Box 900 Rosemead, California 91770 Attention: U hill;,,. SOUTHERN CALIFORNIA EDISON COMPANY By; J A Rail • Supervising Claims Representative 's e, w, ..Y „Y 3/ VERIFICATION AND CERTIFICATION State of California, County of Los Angeles (ss.) .T_ A _ Hal I , being by me duly sworn, deposes and says: that he /she is Sv ervicing Claims Representative for Southern California Edison Company, a corpora. tion, claimant; that he /she has read the foregoing Subscribed and sworn to before me • this day of Ne:ln hibLc in exd fat Lid Sine 0 claim and knows the contents thereof; and that the same is true and correct of his/her own knowledge, except as to the matters which arc therein stated upon his/her information or belief, and as to thou matters that he /she believes to be true. j 2 /' Oiimanrr Sipuan ,19 REUiItli® CITY Of RANCHO C ONGA TION 0 OCT 2904 Index No.84 -06790 w 1181910tll11�11121st41818 CLAIM AGAINST A GOVERNMENTAL AGENCY The Southern California Edison Company, a corporation, is hereby presenting its claim for property damages to the c:j tq e€ Raneha Cueamoanga 1. The damage occurred on 3. The damage occurred as a result of ,cnnt.a. +nrc wn.tr; nq fnr r; fV of Rnorhn • 4. General description of property damaged £duc+n_polas arA an�hnr S. Amount or estimate of damage or repair costs ti. QQri 00 par aitacbgrl cs * ea 6. Name and address (if known( of public employee or agency causing damage r•4... of Panr%hn All correspondence in regard to this claim should be addressed to: Southern California Edison Company P.O. Box 900 Rosemead, California 91770 Attention:T m4 i t 4. —_ SOUTHERN CALIFORNIA EDISON COMPANY By: J A Ball Supervising Claims Representative ., 33 VERIFICATION AND CERTIFICATION • State of California, County of Los Angeles (ss.) .T- A- Hall ,being by me duly swum, deposes and says: that he /she is for Southern California Edison Company, a corpora- tion, claimant; that he /she has read the foregoing Subscribed and sworn to before me this - '" day of N.., h it ,n and la said State ' 2Y claim and knows the contents thereof; and that the same is true and correct of his/her own knowledge, except as to the matters which are therein stated upon his/her information or belief, and as to those matters that he /she believes to be true. limantS Sipuwn ,19= • • I Cllf -3Z October 26, 1984 City Clerk CITY OF RANCHO C)CAMONGA City Hall Post Office Box 807 Rancho Cucamonga, California 91730 Re: Memeo vs. City of Rancho Cucamonga Date of Accident: July 30, 1984 Dear Mr. /Ms. Clerk: Attached hereto please find the Claim for Damages presented by this office on behalf of Mrs. Patricia Memeo, Dorothy Memeo and Deanna Memeo as against the City of Rancho Cucamonga. This Claim is presented pursuant to the provisions of Government Code 5 911.2. All Communications regarding this Claim should be directed to the attention of the undersigned. Thank you. Very truly you r�s, JPC:dm Enclosure JAMES P. CARR jr V E6i y -0 CITY OF RANCHO CUCAMONGA ADMINISTR, T{ON OCT 301984 AM 8�9�10illi12t112�Sr416�8 Aw o•� CEs DAVID M. HARNEY srs� s� yw' yn 4 a.. ''J ® ✓L MESw EOS ArvG 4EE 5. CAIIe Ow Nib 900i0.999G va ,o ES �aw9 October 26, 1984 City Clerk CITY OF RANCHO C)CAMONGA City Hall Post Office Box 807 Rancho Cucamonga, California 91730 Re: Memeo vs. City of Rancho Cucamonga Date of Accident: July 30, 1984 Dear Mr. /Ms. Clerk: Attached hereto please find the Claim for Damages presented by this office on behalf of Mrs. Patricia Memeo, Dorothy Memeo and Deanna Memeo as against the City of Rancho Cucamonga. This Claim is presented pursuant to the provisions of Government Code 5 911.2. All Communications regarding this Claim should be directed to the attention of the undersigned. Thank you. Very truly you r�s, JPC:dm Enclosure JAMES P. CARR jr V E6i y -0 CITY OF RANCHO CUCAMONGA ADMINISTR, T{ON OCT 301984 AM 8�9�10illi12t112�Sr416�8 CLAIM FOR DAMAGES (Government Code Section 911.2) TO: CITY OF RANCHO CUCAMONGA City Hall Post Office Box 807 Rancho Cucamonga, California 91730 FROM: MRS. PATRICIA MEMEO 8311 Vicara Drive Alta Loma, California 91701 DOROTHY MEMEO 8311 Vicara Drive Alta Loma, California 91701 DEANNA MEMEO 8311 Vicara Drive Alta Loma, California 91701 (Please address all correspondence • and transmit all communications through counsel for claimants, Patricia Memeo, Dorothy Memeo and Deanna Memeo: James P. Carr, Esq. LAW OFFICES OF DAVID M. HARNEY 650 South Grand Avenue, Suite 1200 Los Angeles, California 90017 -9990 Telephone: (213) 626 -8761 SUBJECT: Claim for wrongful death of JOSEPH R. MEMEO [Date of Birth: January 8, 19371 [Date of Death: July 30, 19841 CLAIMANTS: Patricia Memeo (Wife) Dorothy Memeo (Mother) Deanna Memeo (Daughter) Joseph R. Memeo, deceased, died as the result of personal injuries sustained on July 30, 1984 while operating his motor vehicle • sco • upon and along a public roadway or thoroughfare of the City of Rancho Cucamonga. The accident occurred on Northbound Sapphire Street near its intersection with Hillside Road, and was the result of certain defective and dangerous conditions which were permitted to exist upon and along the said public thoroughfare by the City of Rancho Cucamonga. These defective and dancerous conditions which confronted all drivers upon said roadway included but were not limited to the failure to appropriately restrict parking along this public thoroughfare and the failure to provide adequate and appropriate artificial illumination. As a direct result of such dangerous and defective conditions, the fatal accident herein complained of occurred on July 30, 1984. DAMAGES CLAIMED: Loss of care, comfort and society of the decedent and the loss of economic support from Joseph R. Memeo, decedent, in the amount of One Million, Five Hundred Thousand Dollars ($1,500,000.00), and funeral and burial expenses incurred by claimants. • COUNSEL FOR CLAIMANTS: JAMES P. CARR, ESQ• LAW OFFICES OF DAVID M. HARNEY 650 South Grand Avenue Suite 1200 Los Angeles, California 90017 -9990 6 W OF$F2E3--Bp DAVI M. ' vR w�a - JAMES P. CARR 37 PATRICIA MEMEO C DOROTHY MEMEO DEANNA MEMEO 13 AY MEMORANDUM v 2\ Y- VG October 18, 1984 t97 I T0: City Manager and City Council FROM; Mark Lorimer, Administrative Analyst SUBJECT: Official City Flag As part of the opening of the new San Bernardino County Administration building, the City recently contracted to have a durable hand -sewn flag prepared, which now proudly hangs within the new County building. The response to the professional quality and appealing design of the flag has warranted research into the cost of preparing additional flags for display at the City Hall and other City facilities. The following information details the exact cost for purchase of a minimum of twelve City flags. The cost figures include all set -up charges, materials, labor and tax. Cost per flag .................. $ 95.00 Total cost per order (12 flags) 1,200.00 Although the cost figures are not for hand -sewn flags, the City has been assured that color screened flags are quite durablc and provide a more professional quality than do hand - sewn flags. The cost for each color screened flag is less than half the cost of a hand -sewn flag. Should the Council wish to purchase the minimum order of flags, staff recommends that the Council authorize payment in the amount of $1,200.00 from the Maintenance and Operations Account (01 -4245- 3900). RECOMMENDATION Approve the payment of $1,200.00 from the City Facilities Maintenance and Operations Account (01- 4245 -3900) for the purchase of twelve color screened City flags. /ML JS 9 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer .tP C�Garp� H � C1 a T 1977 SUBJECT: Approval of Bonds, Agreement and Security Instrument and Final Map of Tract No. 12523 located on the north side of Lemon Avenue at Alta Loma Channel submitted by Lightner Development. The attached bonds, agreements and final map of Tract No. 12523 for tract deveeopment and installation of a master - planned storm drain are submitted herewith for Council approval. The project is a division of 9.1 acres of land into 35 lots located on Lemon Avenue. The subdivision was tentatively approved by the Planning Commission on February 24, 1984, The bond amounts submitted are as follows. Faithful Performance Labor 6 Material Tract No. 12523 $246,400.00 $123,200.00 Storm Drain $229,500.00 $114,750.00 RECOMENOATION It is recommended that City Council adopt the attached resolution approving Tract No. 12523, accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. , Respectfully submitt d,� LBH;JLM:ko 39 • E TRACT 12523 RADING PLAN CHAFFEY JOINT UNION HIGH SCHOOL DISTRICT O211 *EST iIRM STPCET, 0YT <P10. OLISOPNIP 11M •s. 5 u •, ry ,0 0000 [. an c • h v a .aL 55 •v �C 15 [f Yrl• . - 1 �- Aa:::':: v. .c- 5�c.,... ... L -: -:. -_... • ..... -... .•�. r. r_..ry ♦.. July 3, 1984 Letter of Certification of School District Capacity Within the Chaffey Joint Union High School District attendance boundaries for the following descn bed project: Location /Description: Number of Dwellings: Anticipated Completion Date: Tract No. 12523 35 single family dwellings unknown The school district hereby certifies that the capacity for 5 students will be provided within 24 months of the completion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules am ,.,_;__: _.._ P;L;,.ut priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancno Cucamonga within that 90 -day period shall validate such commitment. cc: Planning Division - City of Rancho Cucamonga a7er-rrteridentlAsst. Superintendent by Dianne Alien Y! • • J Alta Loma School District 9350-F Baseline Road a Post Dl lice Boa 370 • Alta Loma, California 91701 • 714/987.0766 FsTA,hshed 1085 —'mil= .-I qS.I Date BOARD OF TRUSTEES RURIRIS FROST ROZWKI \Y TSNGLM,\N MRS L¢ LALLARINI MRS S,MORAA UFRLY JOn.Y C. ROOK JOHN E. McMURTRY SupenmIndl.l FLOYD M. STORK PeraannWSuppon Smlee STACY NELSON Ruxlneta Smleee MILLY STRAIN CumvuluWspeclal Pm /en LETTER OF CDRTICICATION FOR SCHOOL DISTRICT CAPACITY For Residential Construction within the Alta Loma School District. DEVELOPER Li¢htner 'JCCClunmcnt TRACT NUMBER 1_15 2; LOCATION Demon and I.ondOn NU`IDGR OP DWELLING UNITS .i5 single family • ANTICIPATED COMPLETION DATE_ February 1995 gentlemen: The Alta Loma School District hereby certifies that the capacity for 21.0 students will be provided within 2.7 months of the completion of the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy P. T;reene Lease /Purchase Act of 1976, or any suc- cessor Act, in such manner that the State Allocations Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 day period shall validate such commitment. Very truly yours, Floyd.`'M, Stork' Administrator Personnel and Support Services jh cc: Planning Division, City of Rancho Cucamonga y.16 CUCAMONGA COUNTY WATER DISTRICT 4. VICTOR A. CHERBAK, JR. PrcNen, October 31, 1984 City of Rancho Cucamonga Engineering Department P. 0. Box 807 Rancho Cucamonga, California Attention: Mr. John Martin Gentlemen: ,,.r.,•.•.,.,n, ROBERT NEUFELO S .... 1—. I- -' )tn nn or. LLOYD W. MICHAE- E RLE R ANDERSON BEVERLY A E. WEST CHARLES A Wf57 Eastwind II Joint Venture, Developer of Tract No. 12523, situated in Rancho Cucamonga, has deposited with this District a Material • and Labor Bond, a Faithful Performance Bond, and a Utilities Improvement Agreement for waterline and sewerline construction. These bonds and agreements are being accepted by this District as an assurance that said improvements will be provided, as stated, within the boundaries of the Cucamonga County Water District. Presently, sewer and water improvement plans have been approved. Yours truly, CUCAMONGA COUNTY WATER DISTRICT Betty F' Secretary bf Y3 • RECORDING REQUESTED BY • 'nHE'1 RECORDED D RETURN T0: LIGHTNER DEVELOPMENT 1365 West Foothill Blvd., Suite 6 UPLA, P;D, CA 51786 kTN'. c ,,Ln,.rr iAc G u.,ql Gn DECLARATION OF RESTRICTIONS OF TRACT 12523 KNOW ALL MEN BY THESE PRESENTS, that E.ASTWIND II JOINT VEN�$)�__, whose business address is 7365 West Foothill B vd., Suite 6, Upland, California 917186, hereinafter referred to as "Declarant ", owner of the real Property in the County of San Bernardino State of California, described as follows: Lots 1 through 35 , inclusive, of Tract 12523 , as recorded in Doak pages and inclusive, of tdaps, in the Office of the County Ratg rder of San 6e rnardino County, • hereinafter referred to as "said property" or as "said tract ", -EREBY CERTIFIES AND DECLARES that condition, covenants, restrictions, "eservatiens, and easements, hereinafter collectively referred to as the provisions" of this Declaration, which will constitute a general scheme for use, occupancy, and en„cyaent, are placed on said property for the Protection of the Owners therof, and except as provided to the contrary herein shad apply in their entirety to all lots of said tract as follows: n U ARTICLE I ARCHITECTURAL CONTROLS A. Before c_nn,encing any building operations, written approval must be .btained from the Architectural Committee established herein (here- inafter referred to as "the Committee" covering building and plot plans for all Structures erected, alterec, renovated, remodeled, placed, assembled, or permitted to remain on any lot in said tract, including garages and fences, except, however, that approval of the Committee shall not be required for building operations conducted by Declarant, its successors or assigns. The approval of said Committee shall include, style, design, appearance, harmony of external design with Declarant's general scheme, location of the proposed structure with respect to topography and finish grade elevation, and as to corner lots, the street frontage thereof, but shall not be construed yy DECIAFATICN CF Mn RICTIM; • as rr>difying, alterir, or waiving any of the provisions herein set out or established by law. B. 'Neither Declarant, nor the Cm.. ttee, nor any member thereof shall be held responsible, or liable in any manner whatsoever, to any 0 of a lot or lots of said tract for any loss or Gage due to design concepts, aesthetics, errors or defects, patent or latent, shown or aritte3, on any plans or specifications upon which it may pass, or any buildings or struct-ures erected therefrom. :^free (3) persons appointed by Declarant, acting without =;ipensation, shall ouTipsise the Ca dtee for the five -year (5 -;ear) period next follwiry the recordation of this Declaration, at which time their teams shall exedra and said Ca ai tee shall teammate and be dissolved unless within one hundred eighty (150) days prior to said date :new ;members shall be elected by a majority of the O..r -s of the lots in said tract, which election shall be publicly recorded as an addendum to this Declaration. In the event of such an election by borers, teams of the elected Q]nlittee members shall be one (1) year in duration, omnoening initially on the day next following conclusion of the aforementioned five -year (5 -year) period, elections to be held and publicly recorded annually thereafter. Declarant hereby appoints, as initial members of said Cmrattee, (George H. Lightner, Barbara J. McTaughlin and William A. Miner, all of whom have as their b:si-ness address. 1365 West Foothill Blvd., Suite 6, Upland, California 91786.) In the event of death, resignation, incapacity . or unwillingness to act of any member of the C 377 , ttee, the remaining -cambers shall have full authority to designate a successor, subject to aocraval of Declarant, which approval may be withheld in Declarant's sole discretion. C. The decision of a majority of the Cammittae, or of a representative appointed by the ,majority thereof, acting in good faith in its sole discretion, upon any matters submitted or referred to it, shall be final; provided, hvever, that such decision may not violate any of the provisions set out in this Declaration. It is further provided t *at if ro rejection shall have been sent by the Cmnittee to an applicant within thirty (30) days from the date of receipt of a sub- mittal such faction shall be deemed approval. Any decision or appro- val by the Ccrtrdttee shall not relieve an applicant or boner from ox.plying with any requirement of a public authority have jurisdic- tion, and shall not constitute any represe^.tation or gaarantly by the Cmmittee or a m3nber thereof of ommliance of the su5nitted matter with any statute, ortdinanoe, or regulation pertaining thereto. Aia'IC1E II MPEFM DUIP T'IIgTT P80,1SIUS A. :he work of corstruction and erection of any building or structure on said tract by any Ciner except Declarant shall be prosecuted diligently and mntinwusly from the oT.vxDamnt thereof until the sere is caTleted. W i• a •. • : >alY• MY •.. Easanants for installation and maintenance of utilities and drainage . facilities are reserved as strewn on the recorded tract map or appear- ing in the public records of said County. within these easements, no stricture, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and mainten- ance of utilities, Mich may be in violation of any ordinance or resolu- tion of a govexrr tal agency, or which may chance the direction of flow of drainage channels in the easements or may obstruct or retard the flow of water through such channels; provider), however, that an owner may install property line fencing or wells subject to removal or destruction at owner's risk and expense if necessary to accomodate the maintenance purposes of this paragraph. The eaasarnt area of each lot and all im- prcvemnts in it ehkall be maint� continuously by the owner of the lot, except for those irproverants for which a public authority or utility ompany may be responsihle to maintain. No portion of this paragraph :ray be enforced by any person or entity other than an Owner of property in said ;Pact. C. Should any irprooemnt on a lot, including walls or fences, encroach on any prope ty adjacent thereto due to engineering errors, errors in origi'tzl cnstniction, settlement or shitting of structures, or any other cause, the cw;aer of the adjacent property shall be dearred to have granter: a perpetual sesenent for such encroaetw=t to the Owner of the encroaching improvement; provided, by e , that no valid �t for encroachaent shall exist in favor of an Oreier if said encroachment oocured due to negligence or willful misconduct of said Owner. AFMCiE III • PROPEM USEAG£ A. No na<ia:s or offensive activity shall be carried on upon any lot nor anything be done there= which may be or may beanie an annoyaune or nuisance to the neighborhood. No animals or fowl, other than house- hold pets, shall be kept or maintained on said property or any portion thereof, and none shall be kept, maintained or raised on the premises for oa:mescial purposes. H. No residence In this tract may be used for a public boarding house, sanitarium, hosiptal, asylum, or institution of any kindred nature, or any use not permitted by local law. C. No derrick or other structure designed for use in boring, mining, or quarrying for oil, natural gas, or precious metals shall ever be erected, maintained, or permitted upon the surface of arty lot in said tract, nor shall any boring, mining, quarrying or similar operations be perfo---,ed within 500 feet of the surface of the tract except, hoeveri that use by the Darer of any geothr mal energy source shall not be prohibitied by this paragraph. D. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways • shall be placed or permitted to remain on any corned lot within the triangular arm foamed by the atreet property lines and a lire oea- yG DM7.;RA=CN OF R)_=C7la4S necting then at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rcurd property corner from the intersection of the street property lines extended. The same sight - line lirutations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevenet obstruction of such sight lines. E. Fach Owner of a lot in said tract agrees that he will permit free access by owners of adjacent or adjoining lots to slopes or drainage- ways located on his property which affect said adjacent or adjoining lots, when; s„-.h acoess is reasonably necessary for the maintenance or tc- -anent stabilization of said slopes, or maintenance of the drainage facilities for the protection and use of property other than the lot on which the slope or drainageway is Iocated. F. Each O..ner of a lot in said tract agrees that he will accept the burden of, and not in any way interfere with, the established drainage pattern aver his lot from adjoining or other lots in said tract, or, in the event it is necessary to change the established drainage, that he will rake adecuate provisions for proper drainage over his lot. For the purposes hereof, "established" drainage is defined as the drainage which occurred at the tine the overall grading of said tract was cvrpleted. . G. Each Owner of a lot in said tract agrees that in the event any slopes located on his lot have been planted to corply with FHA, VA, or nun ci- pality requrie, is for stabilization of said slope or slopes, the Owner shall adequately water and continuously maintain said slope or slopes. H. Each Owner of a lot agrees to install landscaping on his lot and to keep and maintain it so as to prevent erosion and to present an attractive and pleasing appearance at all ties. 1. Each Owner of a lot in said tract agrees that to will permit free access upon such lot by Declarant for the purpose of renaiying any default under, or enforcing any provision of, this Article, and Declarant shall have the right, but not the obligation, to take affirmative action pursuant to this paragraph. Fach O.n, further agrees to permit Declarant, its successors or assigns, to enter onto such lot and to add or renove earth therefrom in order to comply with grading plans approved by any authorized local agency, which plans apply to said tract or any property owned by Declarant, its successors or assigns, adjacent thereto. J. Each Owner of a lot upon which all or a portion of a blxk wall and /or wood fence may be located, agrees to maintain, paint, and repair as needed said block walls and/or fences. C/9 DECLARATION OF FMSMCTICt�S' AMCIE IV G= -_ZM,L PRWISI0% •. A. Declarant, or any Owner of a lot in said tract shall have the right, but not the obligation, to enforce by proceedings at law or in equity all of the provisions imposed by this Declaration, including without liadtation, the right to prosecute a proceeding at law or in e ity agaist the person or persons who have violated or are attespti' to violate any of the terms or conditions herein contain], to M3.cin. or prevent them from doing so, to cause said violation to be remedied, and/or to rec -ver damages for said violation. B. ltw remedies herein prcvided for breach of the Declaration shall be deed cnulative. C. the failure to enforce any of the provisions container] in this Declaration shall not constitute a waiver of the right to enforce the sane thereafter. D. A breach of any of the provisions contained in this Declaration shall not affect, irpair, or render invalid the lien or charge of any bona fide mortgage or dead of trust made in goo: faith and for value on any lot or lots or portions of lots in said tract, and it is expressly under- stood and agreed that a violation of any of said provisions shall not result in a re- entry, fc::efeit re, or reversion of title; provided however, that any s11)secuent Over of such property shall be bound by this Declaration, whether or not such subsequent Owner's title was acquired • by foreclosure, a trustee's sale, a deed in lieu of foreclosure, or oth,'_r use. E. Invalidation of any provision of this Declaration by judgnme or court Order shall in no way affect any other provision hereof, which shall remain in full force and effect. Each and all of the provisions containers in this Declaration, whether affirmative or negative in nature, shall be covenants running with the land, pursuant to section 1468 of the California Civil Code or any similar statute then in effect, and stall bind, inure to the benefit of, and be enforceable by any Weer of a Iot in said tract, the respective heirs, successors, and assigns, for a term of thirty -five (35) years from the date this Declaration is recorded, after which time said Declaration shall be automatically extended for successive Periods of ten (10) years unless an instrument signed by a majority of the then Owners has been recorded, agreeing to terminate this Declaration at the end of the term then in effect. Said provisions shall also be mutual equitable servitudes upon the property and each Part thereof in favor of and appurtenant to each and every other part thereof. G. 'Ibis Declaration may be amended or terminated prior to the expiration date herein established only by the affirmative vote or written assent of the Owners of at least sixty -seven percent (67%) of the lots in • said tract, and further, this amerc2mnt provision shall not itself be amended to allow amendments by vote of the Owners of leas than Yt DECLARATION OF RESTRICTIONS sixty -s=ven percent (67':) Of the lots thereof. In determining the number of votes that may be cast hereunder, it shall be understood that an Owner is entitled to one (1) vote for each lot owned. When more than One (1) Derson holds an interest in any lot in the project, 'hr vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. H. Except as ray be saecifically provided to the contrary, the provisions set forth in this Declaration shall not and do not apply to any act done or tc be done upon any lot, or any condition created thereon, by OecTarant, its Successors, its assigns, its agents, employees, or contractors. Oeclarant specifically reserves the right to use any lot w'nich it owns for a model home site and /or display or sales office for any of said property or to grant this right to any other developer for any of said property; provided that.no model home site and /or display or sales office shall be maintained on property subject to this Declaration for any site not within said tract without first having obtained the express written consent of Declarant. I. In the event of a dispute arising out of the provisions of this Declaration such dispute may be submitted to an arbitration procedure wherein each party shall choose one arbitrator. The two so chosen shall jointly select a third, and a majority decision among them shall • be binding upon the parties. It is further provided, however, that if the parties unanimously so choose, such dispute may be submitted to and resolved be decision of the Committee if the Committee agrees, in its sole discretion, to hear the matter. J. in the event that legal proceedings are commenced to enforce any of the terms and provisions of this Declaration, the prevailing party shall be entitled to recover all costs of suit, including reasonable attorn=eys' fees as determined by the court. K. The singular shall include the plural and the plural the singular unless the context requires otherwise, and the masculine, feminine, and neuter shall each include the masculine, feminine, and neuter as the context requires. IN 'WITNESS WHEREOF, the undersigned Declarant has caused this instrument to be executed this 17 day of August , 19 84 _ EASTWIND lI JOINT VENTURE ne By, RA "Crn : :..•;.1, e- ('1Gn :aA Its ed Ij 40 STATE CF CALIMNIA ) ) Ss. COMITY CP SAN StR^I`AMIND ) on August 17 19 84 , before me, the undersigned, a Notary P.nb >.c 3n or Stiate, � persmally appeared George H. Lightner personally k�tan to ne (or proved to me on the tas>.s o satis.actory evi- dence) to be the person rho executed the within instrun t as the agent of Eastvind II Joint Venture ,the partnership that executed t2he within Uistrrent and ac'n ged to me that he executed the same for and on be- half of said partnership and tiat said partzxtrship executed the sane. %==S my hand and official seal. siy afore �. l ,Ec3 *cuupr'�a V (Typed Nance) So ,�r•.�,. GFFIQAL £EAL M11AP3U2RiTE Y "C:A,,E NDi1rr ".RNMINO .CU" SAN DER'11FDIN0 MAY 14. �!/ comm. aroir� MA7 I/. 1916 0 • • • L STATE OF CALIMNIA ) ) SS. OMM OF SRN RF1Z^OMINO ) On August 17 , 19 84, before me, the undersigned, a Notary Pub is vI or State, pers2i—�ly appeared George H. Lightner , personally )ux= to me (or proved to me on the basis of satisfactory evi- dence) to be the person who executed the within instrwlwnt as the agent of Fastwind II Joint Venture ' the partnership that executed the within instmnent and Zic ledged to me that he executed the same for and on be- half of said partnership and that said partnership executed the sane. WrIMSS my }and and official s�wl. Signature %7Y�urjuu✓ ! ,etr (Typed Name) S/ _'iTE Y UCATE "c M1O'i cv RIARD N NWIT MA My comm. o0irm MAY 14, 1936 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR PPx±,E`�tS - TF,�, V. . 12523 004 ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance With the provisions of the Subdivision •tap Act of the State of add a- the app I Cable 'Irdloances Of the ity of Rancno EuC among A, Eal if nrnl f, 1 LIlt i0 al nOrporatin, pv and betVeeo said City. hereinafter - afe,red to as the City, anC he-e.nnrtr -e or red to as the EAS "4 4ITNESSET±: 7147, 'WHEREAS, said Developer desi,es to develop certain real property in said City as sh,Wr. on the ;ondit:anally approved subdivision on own as ^9,- ,"" o and WHEREAS, said City has established certain requirements to be met by said Developer as preregaislta to approval of said subdivision generally located at ,,porn 1'4 -iip zr w am•:bla roach side top NO'W, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct At Developer's expense all improvements described an Page 6 here- • of Within twelve months from the effective dace hereof, 2. Thit agreement shall be effective on the date of the resolution of the Council of said City approving in 1; agreement. This agreement shall be in default on the day follolW- ing the first anniversary date of said approval )Gloss an exten- sion of time has been granted by said City as hereinafter provid- ed. • 3. The Developer may request an extension of time to complete the terms hereof. SHc0 request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions Of this agreement, including the construction Standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or neglects to comply with the provisions Of this agreement, the City shall have the right at any time to Cause said provisions to be met by any lawful means, and thereupon recover from the Developer and /or his surety the full cost and expense incurred. S. The Developer shall provide metered Water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District, 6. The Developer shall be responsible for replacement, relocation, or removal of any component If any irrigation water system 7n conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. -1. Tracts and Cdnm /Ind. P.M. S S r-I U ]. :10rovepen[s 'e q, 1'ed to be coast -ucttd sh ath conforc to the Sts no lyd Jr:.•ings 1" Stln ilr. So a lfi c a[l O's of the City, and to r 1,P r o.=Went nigh 1pproved by and on file In Che office of the City Erglnee'. Said improvements are tabulated on the Corsi- J,tion and Bond Estimate, it ereoy incorporated on page 6 h,",f. as toven fro, the mp rovement plans listed thereon by Ouabe^. The Developer Shall also be — Soo "Itle for construc- tion of any transitions or oche• Inciiontll Work beyond the tract boundaries as needed for safety and groper surface drainage. Errors a o.mi ssions discove -ed ring construc;in shall be corrected ::eon the direction of the City Engineer. Rey i sea .vork due to Said plan OOdiflcatl115 Shall be covered :y the ]r Dvi,to,s of this agreeCent and secured by the surety covering the Origc nal planned Works, d, rohst'uctlnn Sarni is shall be obtained by the Dev ° -1 goer `rom the off—,e of ' ty " n nee, Prior to start r e C` work; al' regulations 1 +. st-d ;hill observed, w of °s, control of diet, OJise, Or otter tloo alien LO dures, are pr he and to no[if icatly Of Pub! 1c other ce the area, and to pre i lure sect ties and City Departments. Failure [o costly • !h [his 7aS a section shall be subject to the penalties provided Cheref Jr, 9• The Developer shall be responsible for removal of all loose 'ocks and Other debris from public rin'Its -Of -way within or adjoining sold development res'ulting from Work rel ative to said development, 10. work done within existing streets shall be dill gently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in • conoleti n, and to recover all cast and expense inc'Jrred frOn C"2 Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the streets and easements in said subidi nSion, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous ca nditcon existent in said street or easement, and will protect the traveling public from such defective Or dangerous conditions. 'Jnti1 the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as improvements shalt be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever it is necessary to Oretect the public during the construction Of the improvements herein agreed t0 be made. ' 12. Parkway trees required to be planted shall be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting dlag'am approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed maintenance period, Or for one year ditee planting, Whichever is later. 13. The Developer is reSoors,ble for meeting all condi- tions established by the City pursuant to the Subdivision • -2. M"04 M S! 0 9aP Act, City 7rd4lnces. Intl t h : ; 11•aenan: For the development, and for the TaintenanCe 9f 111 tm0111erent5 Canst ^u'ted theredhd9^ Intil the 1-o'llerent is 1,:c::,b for mar me -an Ce 'dy the ty, and no morp':event sso,, 'x t, pro; i :ed here shall be released before • SJ:9 1CCeotlnCi less at erxi52 orPOlaed and Guth. -rrze- y the ;ity Council Cr t e :itv. la. This 3gfee.ment So, lI nn: • n alto 'J ntll the n nai nt <nin Ce 7,3,ante, S C,—, t elft ale sin bed has been Telea5 en by tyre City, or ult .il Ia, l9ree Yen; tner the e'JuI ':d 'a Jr'J :ere nt Se Cd ".ty naa .ea'I SJJ' +l: e] toe xtyn l sue Ce 5 s a r to t,C her^tn nI, ad, 3 b/ ^es :'J:i Jn 'Jf Vth' CounC!1 ;a ^.e IS been aCcedtei, no tri 5 i— sis-ient and the imProverent S- cJr!.y tp Zr of 0r nos :__n _1; as =$. 1i. T're improvement Stc.r'ty is be ejr -is^ < the De veIide^ n t this ag,eemeht snail Cbns:;t of o17p, b "o an snail be n a form acceptable by the -,.,I .ttor -a!: ' A. Tb secure faithful Ce ^ferman :e of tnis agreement, I. A bond or bonds by one or rare duly I,t - prized corporate sureties in the form and content so edified by Gov, ^anent :Ode SACt'.on 66 -99.1. 2. An improvement Security ;nstruaent in the form and canter[ soecif-ad by the C'ty Attorney, 3. A deposit xith the CI ty of money or negotiable bonds of the '<1 n aDC10,ed for securing deposits of public monies. B. 'o secure labore,s and ^ater•a: -en: 1. A band or bonds by one or core duly author 'Zed • corporate sur =:Yes in the fern and content specified of , :e..m art ;ode Section 66 +99.1, 2. Am leprovenentu Security Instrument 1, the form and content 5oecified oy the City Attorney. 3. A deposit City of coney or neguti able bands of t e Find approved for securing A cash deposit with the City :b guarantee payment by the Developer to the engineer er surveyor whose Certificate appears 'upon tie Final Map for the setting of all boundary, lot earner, and street centerline m.T,,ents and fb^ furnishing centerline tie notes to the City. The amount of the deposit may be any amount car: ified by the em 9in,ar C, surveyor as acceptable payment in full; d r , if no value is s'Jbnitted, the Cash bond shall be as shown on the CbnstnJction and land E5[irate contained herein, Said Cash deposit may be refunded as soon a5 proce- dure permits after rece10t by the City of the centerline tie notes and xritt,n assurance of payment in full from the engineer or surveyor. D. The redo ired bends and the principal amounts thereof are set forth on page 6 of this agreement, 16. The Developer warrants that the r mpr....ents on sc^r bed in this agreement ep t snail be from defatt; rlt4rt found and be defa t Any and III pp•[rpn5 Of t1r9 ml ng Ot he dents round b be dereC[:ve 'xltn n nne y9 ar fa ty Wing the data re xhrch [ha imp.by is are afree[st ray l City shall he Yeti. red h replaced by ll Fu Developer free of all charges to the securThe Devee ual shall furnish a )dint an ante. guarantee sac urity in a sum ,dual td ten to -.tent (lOtll of the ct ns b•uc[itn -7- sy n I estivate or S200.00, s greater. to Saco r=. the fait hf v! performance of De'velope- 'cep»' +gatlons a5 • bad in this Dars- green. The :a:ntenance gv a^!n tee .a car•. ty I all 1IS. secure the fat tnfui p,lornarCe by the J=_velop ?r + I / obligation of the Delal peer t d0 Specified xon, t9 res da =t t0 any park. dy Ta,te0dn!e )ssessment :15tr:C t. Once the '.- 3ro,aments have been accepted Ind a - aintenance p'Jar+.ntea yefur':y nay been accepted by the ztv, the other improvement soc, tv lescrlbed in this agreement nay be released n ^nv:led + is Otherwlse a'utno!iz:J P/ to SIP,11,Jn a� .L- an- lease -S01e . ty 0rdinahre. LI. That the 'i e`)eer sh!`: t!ae out and maintain svch 1,0 it 1 `a. iI lt/ and olooerty ',,-are i r5a^'.nce as shall plote -,t by in; any elent contractor or S,,s .r act Jr Oer-png xor< cn e9 by pis afire ?'rent fr. claIf hr - ^,- 4 ragas rh'c'n nay S111-_ oecauso If net nat'�r. of ;he xn r< Jr 'rc'n noe nti ors this act ??pen :, 'n nether se Cn Jor any nS +i Jy ni'^s oif n by ynany employed or se Person e!. Or anyone s da" `,% Or loci de,sed bypiPhed negligence said Persons, o van el jn rJ:h :d 'any be not ca'.s ed by the negii or ca of the yed by Jr any . Th contractor or subcontractor i or anyone employed by slid persons. The public lid I ton ty and property damage insurance s ^all list the City as agents al templed and s roet ly or the t ^.I its officers, agents and subcontractors, d5 well as the ns,incer, do is ies doors add his shall tr dCt Ors, dhd ini inamount? f s,cies urance shall sh dli so state. The minimum amounts 9f SuCn insurance shall be as folloxs: A. Contractor's I lab i l It in5'ur ante providing bodily • injury or death '1i abii It IiT+ts Of not 1 e ss tha 5300,000 for each person and $1,000,000 for each accident or occurrence, and property danage liabil- ity limits of not less than S!00,000 for each Idol - dent or occurrence with on aggregate li nit of S250,000 for claims which may arise from the opera- tions I the vev ei pier in the performance of the work herein provided. S. Automobile liability insurance revering all vehicles used in the pe- formance If this agreement providing bodily injury Kati I ty limits of not less than 5200,000 for each Person and 5300,000 for each accident or occurrence, and property damage liability limits of not less than S50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the opera- tions of the Developer or his Contractor in performing the work provided for herein, 19. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any Policy evidences by such certificate, before the expiration of thirty (30) days after the City Shall have received notification by registered rail fro, the insurance carrier. As evidence Of understdnding the provisions COntlined herein, and of intent to comply with same, the Subdivider has submitted the fill lowing described improvement security, and has affixed his signature hereto: -a_ • ."M!q W as 0 Accept- I: City of Rancho Cucamonga, C a l i f o r n i a A 'Auricipal Corvoratiol By: slayo, Attest: "t, 400,0,ml DEVELOPER'S SIGNATURE MUST BE NOTARIZED -5- S(F FAITHFUL PERFORMANCE TyDe S14F "00 la-e i14 11ilis; 3'.' s"ety: 17.7 =out, LcjjA CA n2302 MATERIAL AND LABOR PAYMENT �1lt cl. %"a !�i .`ss ;f s'-et/: '7_7 ELCTiJ d:er.e, CASH DEPOSIT MON6,4ENTkTION 'V ame 11j ?_.' ?s3 of S.,hty: MAINTENANCE GUARANTEE 13me and 1111iss t" %,Ilety� TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY :.' . �.Zss ;EQF , the pa". ! is la� '.:7 1 a cause; these Ileselts 'o a aj I y efecital ana 2%'lej alt formal ,c: si3,ar,r,t, es acij ) red ty 1 ah on the Cates set lt,tn >on 3s , te F1119-11Mz I: _� "Tt"ppz 1�_� tre,, 1, � 7 Dot. 10 }r 84 by le,e7)0o, it ^.n 3CJre p"'te:t Date by 0 Accept- I: City of Rancho Cucamonga, C a l i f o r n i a A 'Auricipal Corvoratiol By: slayo, Attest: "t, 400,0,ml DEVELOPER'S SIGNATURE MUST BE NOTARIZED -5- S(F CITY OF RANCHO CUCAMONGA ENGINEERING DIVISION ENCROACHMENT PERMIT FEE SCHEDULE For Improvement: 2R 12523 • pate: :C- 20!pm pUted Oy: L'c3a!s N, 4L dPA n ,.050 �.es, 1M1C. File Reference; City Drawing No. .o. NOTE: Does not include current fee for writing permit or pavement deposits O'UANTICY UNIT 1724 PRICE AMOUNT L.F. P.C.C. curb - 12" C.P. 24" gutter 7,25 31:3 L.F. P.C.C, curb - d" C.F. 24" gutter 6.00 S 20,450 _ L.F. P.C.C. curs only 5,SO c0 L.F. A.C. berm 4,SO- S.F. 4-' P.C.C. sidewalk 1.75- 5560 S.F. Crive appreacn 2.50 S.F. B^ P,C_ . cross gutter (inc, curb) 3.40 5,82: C.Y. Street excavation i.50 C.Y. Inported enbankment i.50 03 a S.F. Preoaration of suograde 0 1' 1pp__211a r:,3v4 S... Crushed agg. base (per inch thick) 0.03 -7.770- ,530 799 A,C, (over 1300 tons) 27.00 - TON A,C, (900 to 1300 tons) 35.00 TON A.C. (BOO to 500 tons) 45.00 .0% A.C. (under 500 tons) 60.00 S.F. A.C. (3" thick) 0.55 !_ S.F. Patch A.C. (trench) 1,75 S.F, i" thick A.C. overlay D.JO a EA. Ad'ust sewer nanhole to grade 250.00 2,000 E+. Adjust sewer clean out to grade 150.00 _ En, street later calves to grade 75.00 :o EA. Street lights IOC. C0 L.F. Barricades (!nter5ec. 5500 min) I .00 y, L,F. 2 x 4" redwood header 1.75 3.x43 S.F. Removal of A.C. pave ^ent 0,35 6,654 L.F. Rii oval of P.C.C. cirb 3.30 L.F. ReTOval of A.C, berm 1.00 EA. Street Signs 200,00 eoo _ 5 EA, Reflectors and pasts 35.00 L.F. Concrete block wall 25.00 SIP, Retaining wall 20.00 TCN Aggregate base 7,00 C.Y. Concrete structures 425.00 L.F. 18" RCP (2900 0) 29.CO 56: L.F. 24" RCP (1500 0) 35.00 :0 L.F. 3a^ RCP (2000 D) a2.00 L,F. 48" RCP (1200 0) 76.00 EA. Catch basin X - 4' 2000.00 ,000 1 EA. Catch basin u • io' 2900.00 EA. Catch basin N • 22' 4500,00 a EA. Local depression 4' 1 500,00 11Fm_ i EA. Local depression 10 1000,00 5,0oo i EA, Junction structure 5CC0,00 5,000 EA. Outlet structure, seCPCD sod. SPI83 -B 35'0.00 3,300 EA. Outlet structure, Std 0507 500,00 EA. Guard posts 40,00 L.F. Guard panel (wood) 25.00 L.F. Sawcut 2.00 -- EA. Headwall (48" wing) 4000.00 L.F. Redwood header 1,75 S.F. Landscaping 6 irrigation 2.75 L.F. Roll curb (P.C,C,) 7,50 is i 5 ENGINEERING INSPECTION FEE SUB TOTAL 205, �RESTORATIGN /DELINEATION CASH CONTINGENCY COSTS 202 Ns, Use DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100 %) ,,.6 app MONUMENTATION SURETY (CASH) $2,950.00 LABOR AND MATERIAL BONO (50 %) fx� "Pursuant to City of Rancho CucampnfZnicipal Code, Title 1, Chapter 1.00, adopting $an - ft Bernardino Tit' -- -s a - '.e" - ion '1 �!'. °::ECt ED 11; rRIPL %A r u0 ::i!:O. 1 sN 5 051 3.,v-d. ") FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as "princiPa have ^entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198 , and identified as Project Tract :n. 12523 is hereby referred to and made a part her¢of;and, WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and :kericdn. to::sns In =,nce Cn. as surety, are held and firmly bound unto the City o nn hoo Cucamonga (hereinafter Called "City "), in the penal Sum of Tr H.1.`DPIIa MI M 5I\ Y, SAD FCt'R !!=RSD. 0011ar$ 24 ,400.00 ) la.ful lawful money of the United ates, or the payment Of well and truly to be made, we bind ourselves. our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above hounded principal, his or its heirs, executors, administrators, success o ri or assigns, Shall in all things stand to and abide by, • and well and truly keep and perforn the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects accord'09 to their true intent and meaning, and shall indemnify and save harmless =sty, its officers, agents and employees, a5 therein stipulated, then this do1igati01 shall become null and void; otherwise, it S a 11 be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the speci. fications accompanying the same shall in anywise affect its obligations an this bond, and it does hereby waive notice Of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS aw EREOF, this instrument has been duly executed by the principal and Surety above named, on Motor gn 198 i4 , F,lST..T.J it .- :'.T'T22Ty ISM A14iO: ,I Developer .Yet ) ,gna[ure , ttorne y -In- act s RC, c. 9d.11 PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED r,', s 9 no 1.D f:0. 1 sN 57: 061 ��. - ,u'i. aD Pi. INCLUED I� LABOR AND MATERIALMEN BONG WHEREAS, the City Council of the City of Rancho Cucamonga, State of Caiifornia, and EASTLISD 11 A JOINT VENTURE (nereinafter designated as "princlpd ll) nave entered Into an agreement whereby principal agrees to install and complete certain designated publ IC improvements, wh Ich said agreement, dated 198 and identif led as project TRAC N . I is nere py referred to and made a part herea . an WHEREAS, under the terms of said agreement, Principal is required Defore entering upon the performance of the work, to file a good and suf flc ient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made +n Title 15 (commencing with Section 3092) of Part d of 0ivislon 3 of the Civil Code of the State of Californ'a. NON, THEREFORE, said principal and one undersigned as a corporate surety, are held firmly bound u,to the City of Rancho Cucamnn9a and all Contractors, subcontractors, materialmen and Other persons employed i r the performance of in- aforesaid agreement and referred to th° aforesaid :ode if Civil Procedure in the sum of C ra Oil ED Ool tars (51:3.300 ), for mata,I s fgrolsnetl pr labor thereon gf any kind, JrTdr amounts due under the 'Jneiployment Insurance Act with respect to such wore or labor, that said surety .111 pay the same in an amount not exceeding the amount hereinabove set forth, and also an case suit is brought noon this bind will pay in addition to the face amount thereof, casts and reasonable axoenses and fees, inc'lding reasonable attorney's fees, incurred by City in successfully enforcing such Obligation, to Se awardej and fired by the Court. an .^, to be taxed a5 costs an] .i be • ncluded In the judgment there'^ rendered. It is he•aty exp•essly st'c u ated and aCread that th's o it shall inure t0 the benefit of any and all P es an s. :0103 n l e5 aIJ r , ce r p o r ati ons entitled to fl le :tai's lode^ T tie : 5 :0",,C Ina with Sect, on 3932) of Part 4 of 0ivison 3 C tae C n1 Code, so as to give a right of action to them or the'• asst ons In any sc't brought upon this bond. Should the condition of this tone be 1'd11y ,erfolled, then this opligation shall become null and vo cthelv,Se It shat: be and remain in full farce and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond., and it does here- by waive notice of any such change, extension, alteration or addition. IN 'WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on rictolei 32 , 1983 ..S ^T.a It dG,.L T_IrtAF. ISEE ATTAGTL'S11 S lira r'.1': ^IPINY developer Surety) i Ignaturel to ^ne Y-i n- act • l �l7lICN I.111.9 PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED f J 7 CITY OF RANCH) COCAHONGA IMPROVEMENT AGREEMENT FOR KNOW All MEN BY THESE PRESENTS; That this agreement is made and entered into, in Conformance with the provisions of the Subdivision Map Act of the State of California, and of the apo IiC au le Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and her eina ter rzf xrre to as t e eve oper, WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain real property in said City as shown on the Cptaitionally approved suhdials:on Fnown as t Y:. !2523 bTn Rxt AcAlN ; and WHEREAS, said City has established Certain requirements to be met by said Developer as prerequisite to approval of said supo ivi sion generally located at - `Cxracel•1 4 - c Pen NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Oevelopws expense all improvements described on Page 6 here- of within twelve months from the effective date hereof, 2. This - agreement shall be effective on the date of the resolution of the Council of said City approving this agreement, This agreement shall be in default an the day follow. ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed- 3. The Developer ,ay request an extension of time to complete the terms here[`. Such request shall be Submitted to the City in wri_1ng Oct less than 30 days before the expiration date hereof, and shall contain a statement of cir Cumstantes necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction Standards, Co',t estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Developer fails or negiacts to Comply with the provisions Of this agreement, the City shall have the right at anytime to Cause said provisions to be met by any lawful means, and thereupon recover from the Oeveloper end /or his surety the full Cost and expense incurred. S. The Developer shall provide metered water service to each lot of Said development in accordance will, the regulations, schedules. and feet of the Cucamonga County Water District, 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of Such water System. 0 '�_ Tracts and Comm /Ina. P.M. `Q 0 :'IDrcve'rents rag, —d , b construcred shall cirfprr tea th? •j ^,art )radinos ! ^a tan ja,d Specifications of the ,r. i ty. :n! to tie 1Tprovoment 11" i'prdved by and on file in the Of117e of ;ne Clty _nglmee,. Said DrD'lemerts are tabulated 01 the tahstrpctian and good rata, vereby incorporated on ^page d n As taken from the . nor :veraat plans listed thereon by number.- Tie 7evelooer shall also be responsible for construc- tion of any translt'gns Or Other incidental work beyond the tract boundaries as ^ eeded for safety and br o o or surface drainage. C —OrS o'ml ssions disc :Ver ^d d:" n9 !>nstructin shall be correct-: man tie direction of tie :/ = nginee,. Revised wor'w due to Sa - d pT31 -,Odificat i do, sia I pe cove•ed by the provisions Of this ag`aemeat and secured by the saraty covering the Original planned wars. B. Ccnstrgction per-ii is snal1 Oe obtained by the Deve1 OOer f +0-i 'qe office of the -, J ',3 'peer or,O, to start of wart; all - dcul_it,.Os lasted r nell be observed, with attention j.ven to safety procedures, coptrol of dust, noise, or ether nu -s Ance to the area, and to trope, notification of public utl titles and ity DePartoents. sal l ire to comply with this section small be s'ubje ^ -t to the pena!t ies proVl ded therefor. 9, The Developer shall be respa -sib I for removal of all loose rocks and other debr i5 from public igIn is - of - way w thin or adjoining sa,d development resulting from work relative to said develo o rent. 10. 'work done within ex,StIng streets shall be diligently ours;ed to completion; the City shall have the right • to c"plete Any and all work in the event of unjustified delay in camp le :-p9, an: to recover all cast and exoense lncurretl Developer and'or his contractor by any lawful means. Sa-d Developer shall at all tines following dedica- tion of the streets and easements in said subidi vision, up to the rump l -c-ai and acceptance of said 'work or improvement by said City Crunch , give good and Adequate warning to the traveling oubl is of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until tie comoI at ion of all improvements, herein Incorporated on Page 6 , to be performed, each Of said streets not accepted as improvements shall be under the charge of said Developer, Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, issued by the City Engineer, whenever 1t is necessary to Protect the public during the construction of the improvements herein agreed to be made. L Parkway trees reouired to be planted S a!1 be planted by the Developer after other improvement work, grading and cleanup has been completed. Planting shell be done as provided by Ordinance in accordance with the planting diagram approved by the City Commuolty Development Director. Tee Dove l over sh a l! be responsible for maintaining all load, p an ten in good health until tie end If the guaranteed maintenance Period, or far one year after planting, whichever is later. 13. The Developer is responsible for meeting all condi- tions estaolished by the City pursuant to the Subdivision _Z. • L Said cash deposit may be refunded as ;don as oroce- dure permits after receipt by the City of the Centerline tie notes and Nri tten assurance of payment in full from the engineer or surveyor, b. The requ led bonds and the or inciPal am p u n tp thereof are set forth on Page 6 of this agreement. 16. The De Ve l opar 'warrants that the i11rivements described 11 this ;greeleit shall be f -ea from defects In -at ^n a''s and w0Cram insw p. Amy and alt - orti ins of the '-drove. monts foonl to be ?efect,,, w one ill year I'd 1 d 11 1, t1, a data on which the imorovement S l"9 accepted by 're C ty sh 111 be rep n red or replaced by be• /eloper free of all charges to the C sty. The bevn lobe, shall furnish a maintenance gue'antoe security in a sum equal to ten percent (I0:) of tine construction -3- 6.L 410 Cc t, l ;l ant =s, lid to ; a5`eenent Inc tae devel Cement, and for the Talntenance of ]1 .ipro/elelts cots Rutted there a.de- .until the i-prave'aent 's accept'. +" nor Tai nte,a,Ce oy the [i Ij, lid h0 1lorcierent sic.. ty nrb'!Jad hard ninth Shall be r pas ?1 ef]re A.,n acceptance lass at tier is 0,0,, de] and author`zed by :n_ .Itl .aunci: ali tie t,. 14, ihis agreement ]hail' not terminate 'lntil the Tai rte. a. ce 3varan:ee Sec...1tY e`c after des :rived has bash - rel aased by the :[Y. br irtll an^ ],,ae -a,b •23etier with ,edu�ri; -o'lle IC it ty nos been suOTl' tie . ty +JFa :Char eof s JCCes,,r the :g,.ae the City anal . by - eSJleo:'oln an. '.Ol "cl ;ale gas Jean acbaC :e]. - _n. a ^d te? 1 ^JrC / -loot security th^ „dp, has l_i, . cite:. / 5. The imor'a/ement edu -,ty by tri ^`,I r ie.'nl r: and e1 th this agreement She!1 islst Shall be ^.v a re -1 ac :eetable by tie -ity .ltt]�, aj; i. To serare faithful pe „Jrman,e of i't's ammo -sit. 1, d bold. ]r bonds by O,a O^ -ere duty 3J :n tcl2ed corporate sureties In the form and cJnteii specified by Government _)de Section 56 199.1. 2. improvement Seclri tv ;ist ^u^lent in the form and content specified by the City Attorney. 3. 4 deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public, monies. B. 'o secure laborers and mater /elmen: 1, a bond it bonds by one or lore duly apthor, zed co r op rate Ceti.. in the `OrT amid content spet'f i-1 by , ernm ant Lode Sect, on 6Bag9. 1. y • 2. An Imdro /ement Security lrstru'nen; foil ono content sca_lfied by the : ty ittariev. 3. p deposit wits ity of money or r (table - bonds of the <Ind approved for scurino, G. Q cash dents it with the City t0 gear antee payment by the bevel oper to the engineer IT surveyor whose certificate appears upon the Final Map for the sett•.nd of all boundary, lot corner, and street center' ine monuments and for fvrhtsh, ng centerline tie not as to the City. The amount of the Jepasit me, be any amount pert filled by the on g nee, Jr sur /eyir as acceptable payment in fo lip fir, if no value is submitted, the Cash bond shall be is shoNn on the Construction and gird Estimate contained herein. Said cash deposit may be refunded as ;don as oroce- dure permits after receipt by the City of the Centerline tie notes and Nri tten assurance of payment in full from the engineer or surveyor, b. The requ led bonds and the or inciPal am p u n tp thereof are set forth on Page 6 of this agreement. 16. The De Ve l opar 'warrants that the i11rivements described 11 this ;greeleit shall be f -ea from defects In -at ^n a''s and w0Cram insw p. Amy and alt - orti ins of the '-drove. monts foonl to be ?efect,,, w one ill year I'd 1 d 11 1, t1, a data on which the imorovement S l"9 accepted by 're C ty sh 111 be rep n red or replaced by be• /eloper free of all charges to the C sty. The bevn lobe, shall furnish a maintenance gue'antoe security in a sum equal to ten percent (I0:) of tine construction -3- 6.L n L estimate Or i200.)0, xht:ne',el ' rq)tgr. to secure the f3ltllll performance of a relooer'S Opl'g3t �3rs as caicrlOed oil care, graph. Tae ']a, It or Inca uuarantae 5eu.. ty sn a ll 1ISO sere the fa,thf;l Oar eornance by the Jeaalo car of any Obligation of the oe valone, to do saeci`iatl on to 'e soect t0 any par ex Ay mai"ce"Ice assessment alit, at. 'into the j,orovements have Seen accepted Ind a 'lalntananCe 3'': 113ntaa SeCI r•ty has been AaCeoted by the - i t i, the ether mprOve' lent ity'.•y eSC•lbel in this agr .e • oe eased Orpv,dad p Ccn ease is OtherwiSe aut'lorl t': - t'Ic 3'a::l ,1011 ap ,. .. ana _ny :oil icae1e i, ty ,f divan -i. ',I. -hat the Del- IlDa_r S'l all tA,a ;3t lad ma"lt3in II-1 pu],, c 1 ,3a 1''l tf end Jr on on ty 3 A One n5.1 ^1 ^:a :s aah3'll ifpte:t di Inj any n-'actor Or sap c ;n:r a..,r 'xm ^g xork o':erao by this alf =g -e nt from :1 Alms xmi :ro;:r:y 3a -ajoS ]h ply errs= Je:,,Se If the mat re Of the nod, 3r °•]r oce'3:4ens J, ", it:S a-- yrean,hnt, xrather Su:h oo ^r3tl]•li 3 I Ii-Se ,f or :•y any ,art, ,t,r or Subcontractor, or anye^e - -otly Ir I I re c t 1 y e o'', a yed by said persons, even the ggn ,lc, damages be not caused by the na_g113ence of the Cave! goer Or any cant, Act Or or subcontractor or anyone employed by s A d persons. The punilc liso! 1 ty and property pelage insurance shall list the ity as addi tonal insured and directly protect ty, 'i tS officers, ,dents and amp lO yee S, as ',eiI as the >O,el],a,, I,S Cent- actors and his subcontractors, and all insurance pollees iSSUed hereunder shall so State. The min imam amounts of sacn insurance ,hall be as f]11oxs: Cony actor's liability Insurance providing b0d'.Iy Aak inijry or death I'. 3 b Iity Ill, is of not less ilia t- 300,000 for each person and S1, 000,000 for each accident or occur ^ante, and orooerty damaoe liabil- ity 1imi is of not lass than 5100,000 for each acc - - dent or occurrence with ac aggregate tit of 5250,000 for claims ehI Ch may arise from the opera- tions of the 0evalpper in the oerfpriance 0f the work renal, providetl. Automobile liability Insurance covering all vehicles used in the oerfo,nance of this Agreement orov iding be d, I injury 1i abi lity Iimt t of not less than 5200,000 far each oerson and 5700,000 for each accident ar occurrence, and property dam a ge liability Ilmi is of not less than 550,300 for each accident or occurrence, with An aggregate of not less than 5100,000 which may An ilia from the opera- tions of the 0"eI oiler or his .^•oath ac It or in performing the work provided for herein, 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified in SUrance. Each sucn certificate Shall bear an endorsement precluding the cancellations, or reduction ln rover age of any policy evidences by Such certificate, before the expiration of thirty ( 30) days after the I: i ty shall have received notification by reg,sterad rail frpn the insurance carrier. As evldence of understanding the prove Sions Contained herein, and of Intent to comply with same, the Subdivider has spbmi ttea the foe low, ng lencribed improvement Sao 9r l ty, and has off I fed his signature hereto: -a- • 1.," FM (a s FAITHFUL PERFORMANCE Type: Principal Amount: $229,500 A"Epaut; : p3595 C:S ?i.(S c07 Name and address of surety: 171; South - Fdclic Avenue, :raiievn, ::. 91802 MATERIAL AND LABOR PAYMENT Type: Principal Amount: 5114,7-0 Name and address of surety: 1.P SouL't i'LC1:d Avenue, dnahe v—„ C. 92902 CASH DEPOSIT MONUMENTATION Type: Principal Amount: Name and address of surety; MAINTENANCE GUARANTEE Type: Principal Amount: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their • signatures. Fi' T.O II .I0I :lT 1'[: „U: is. Ptr cheer silt.ee Date Cctoher 10,1984 by ,Developer Signature ante n U Date by ,D"eloper Signature Accepted: City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: City Clerk Approved: ! . DEVELOPER'S SIGNATURE MUST BE NOTARIZED -5- by CITY OF RANCHO CULAMUNGA ENGINEERING DIVISION ENCROACHMENT PERMIT FEE SCHEDULE For Improvement: TA 12521 Maater Plan 509 Ott line 4 -5r Oates 10 -20 -84 GmPB[e y: 0MISH, GUERRA 6 ASSOCIATES. INCT file Re erence; City Drawing No, 88 NOTE: Does not include current fee for writing permit or pavement deposits QUANTITY UNIT ITEM P910E AMOUNT L.F. 'P.C.C. curb - 12" C.F. 24" gutter 7.25 - -- L.F. P.C.C. Curb - 8" C.F. 24" gutter 6.00 -- L.F. P.C.C. curb only 5.50 '- L.F. P.C. berm 4.50 � - S.F. a- P,C.C. sidewalk 1.75 S.F, Drive approach 2.50 S.F, B" P.C.C. cross gutter (inc, curb) 3.40 ` C.Y. Street excavation 1.50 C.Y. imported embankment 1.50 S.F. Preparation of subgrade 0.15 ` S.F. Crushed ag9, base (per inch thick) 0.03 TON A.C. (over 1300 tons) 27.00 -- TON A.C. (900 to 1300 tons) 35.00 ` TON A.C. (500 to 900 tons) 45.00 �- TON A.C. (under 500 tons) 60,00 -- S.F. A.C. (3" thick) 0.55 -- S.F. Patch A.C. (trench) 1,75 S.F. 1" thick A.C. overlay 0.30 -- EA. Adjust sewer manhole to grade 250,00 EA. Adjust sewer clean out to grade 150.00 -'- EA, Adjust water valves to grade 75.00 ` EA. Street lights 1000.00 ` L.F. Barricades (intersec. $500 min) 1.00 -- L.F. 2 x 4" redwood header 1.75 S.F. Removal of A.C. pavement 0.35 L.F. Removal of P.C.C. curb 3.30 - --- L.F. Removal of A.C. berm 1.00 � - EA. Street signs 200,00 -- EA. Reflectors and posts 35,00 -- L.F. Concrete block wall 25.00 -- S.F. Retaining wall 20.00 -- TON Aggregate base 7,00 C.Y. Concrete structures 425,00 188 L.F. 16" RCP (2000 0) 29.00 -- -T2i5- L.F. 45" RCP (1500 0) 85.00 6.160 415 L.F. 39 " RCP 12000 0) 65,00 26.975 515 L.F, 51 " RCP (1200 0) 95,00 58.425 -- EA, Catch basin H a 4' 2000.00 -- EA. Catch basin N " 8' 2900.00 -- EA. Catch basin H " 22' 4500,00 -` EA. Local depression 4' 500.00 ` EA. Local depression 12' 1000.00 EA. Junction structure 5000.00 15,000 �- EA. Outlet structure, SBCFCD Std. SP183 -B 5000.00 5.000 EA. INlat stru,t.r., Cal -Tuna Std. D86 -5 500,00 ' EA. Guard posts 40.00 L.F, Guard panel (wood) 25.00 L.F. Sawcut 2.00 EA. Headwall (48" wing) 4000.00 -- L.F. Redwood header 1.75 S.F. Landscapingg B irrigation 2.75 -� L.F. Roll curb (P.C.C.) 7.50 12 l„r. 30" RCP (1000 0) 42.00 5 4 ENGINEERING INSPECTION FEE SUB TOTAL 1), IF ^RESTORATION /DELINEATION CASH CONTINGENCY COSTS 20% _24,21!_ DEPOSIT (REFUNDABLE) FAITHFUL PERFORMANCE BOND (100 %) 229,540 - MONUMENTATION SURETY (CASH) LABOR AND MATERIAL BOND (50 %) -114,750 Pane 6 f&j' *Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, Chapter 1.06, adopting San Bernardino ty Code Tit' Chapters 1.5, a cash restcrstian /delineation deposit shall • EXECUTED IS i(01.ICATE :1Y.D ':0. i SX 574 063 74. ;..i00.60 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga. State of California. and EA4IFRHD II dCIBT hE':CRE (hereinafter designated ai 'Tpr n< p• eve en era nto an agreement whereby principal agrees to Install and complete certain designated public improvements, which said agreement, dated 198 , and Identified at project eo Is ereby referred to and IN made a part er ;an . WHEREAS. said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal ani iumerican I rists Insutalre Ca. A% surety, are held and firmly bound unto tae City of an< o Cucamonga (hereinafter called 'City'), in the penal sum ofita Nun Eb TW NI 0 FIVE N X00. D Do ars aw a m00ly 0 e n t• Sates, Or t o payment of w < sum x111 and truly to be made. we bind ourselves, our heirs, successors, executors and • doini%t,atort. jointly and severally, firmly by these presents. The cmnditioo of thlt obligation is such that If the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shell in all things stand to and abide Dy, and well and truly keep and perform the covenants, conditions and provisions In the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and In all respects according to their true Intent and meaning, and shall indemnify and save harmless City, Its officers, agents and employees, as therein stipulated, then this obi Igat i on shall become null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified theref<r, there shall be Included costs and reasonable expenses and fees, Including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed at costs and Included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension Of time, alteration Or addition to the terms Of the agreement or to the work to be performed thereunder or the speci- fications accompanying the same shall In anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms Of the agreement or to the work or to the specifititiODS, iN WITNESS WHEREOF, this Instrument has been duly executed by the .prinCip al and surety above named, On [ether 30, 98° T; II Jrr.T' IRE (See Attached) l:U.i;lpd;•''0':JP:S �< .': il'e:0:fp ra)'..P.gY (Developer) urn y (Signature) n -.ar.t "TIE!; C. B01.11 PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED be LABOR AND MATERIALMEN BOND 9030 AU .J "R. IXCL0 ED1WBO X0 SM WHEREAS, the City Council of the City of Rancho Cucamonga, State of Cal if Ornia, and EASTWIND ❑ JOINT VENTURE (hereinafter designated as " principa " Ave entere Into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated 198 and identified as prole <t CL Nn. I is ereby rTrred to and made a part hereo t an WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment band with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of ONE HUNDRED FOURTEEN THOUSAND SEVEN HUNDRED FIFTY Dollars (ft1c,F5o ), for mater a s urn shed or aDar "er can of any kind, oT amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is Drought upon this band w111 pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the Court, and to be taxed as Costs ano to be • included in the judgment therein rendered, It is hereby expressly Stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Divison 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be oral remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shalt in any manner affect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and Surety above named, on ( tC r 30 198 a Fi�.ST:R :U It JCOW. vf:ml.. (SEE rTTN. M) Deve op er uret igna cure torney -in- act S iia'I1EN C. RuLIi • PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED G 7 J RESOLUTION NO. 111 -4.73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12523 WHEREAS, the Tentative Map of Tract No. 12523, consisting of 35 lots, submitted by Lightner Development, Subdivider, located north side of Lemon Avenue at Alta Loma Channel has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is • approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 0 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: Jon D. Mike s, Mayor ATTEST: Beverly A. AutheTet, City Clerk jaa Ga r�L F, I L rrT AV D A MrUA rrTr aMnNra The attached bonds, agreement and final map of Tract No. 12365 is submitted herewith for Council approval. The project is a division of 15 acres of land into 8 lots being 230 condominium units at Spruce Avenue and Terra Vista Parkway. This subdivision was tentatively approved by the Planning Commission on July 24, 1984. The bond amounts submitted are as follows: Faithful Performance Labor & Material Tract 12365 $421,837.00 $210,918.50 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Tract No. 12365, accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. Respfctfully submitted, LB CJlt�ko Attachments G9 STAFF REPORT�v x. �i s it A Fi � _z DATE: November 7, 1984 ' 1917 TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Approval of Bonds, Agreement and Final Map of Tract No. 12365 located at the southeast corner of Spruce Avenue and Terra Vista Parkway submitted by Western Properties of Lewis Homes. The attached bonds, agreement and final map of Tract No. 12365 is submitted herewith for Council approval. The project is a division of 15 acres of land into 8 lots being 230 condominium units at Spruce Avenue and Terra Vista Parkway. This subdivision was tentatively approved by the Planning Commission on July 24, 1984. The bond amounts submitted are as follows: Faithful Performance Labor & Material Tract 12365 $421,837.00 $210,918.50 RECOMMENDATION It is recommended that City Council adopt the attached resolution approving Tract No. 12365, accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. Respfctfully submitted, LB CJlt�ko Attachments G9 TENTATIVE TRACT NO. 12565 a raa arr or uaroo ccaroaoa - � _ �„ I` arr or asa aeaasaeraa mere or curtoaau " " ' " "'n' "' _ - roa roaooawroa warom ••• . ..•. ••. .y'r� •wu ua uanr uascare - °�� = ^. T suwar wu {aae. • I �� .l rcaaw_rraa� rnwxr�r �auaprt m�' wrvc �_ 4�•. ��•• N... w.uax Avcaou ........ 10T a Lot 7 T p LOT 4 Lot a i of 5 i � �J s. " 1V f . er •er 0 • 'i 4 \' is • y� October 22, 1984 Letter of Certification of School District Capacitv Within the Chaffee Joint Union High School District attendance boundaries for the following described project: Location /Description: Tract No. 12365 Spruce 8 Terra Vista Rancho Cucamonga Number of Dwellings: 270 multi units Anticipated Completion Date: February 1985 The school district hereby certifies that the capacity for 41 students will be provided within 24 months of the completion above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. cc: Planning Division City of Rancho Cucamonga $u5iT EF7" —rt /Asst. Superintendent by Dianne Allen low— A+.II`l�l)L)fJ` Central School District 9457 Foo7hdl Boulevard / Rancho Cucamonga, Califorma / (714) 989 -8541 97730 ADMINISTRATION Frank A. Costa, Jr., N.D. n,ann sune.nrrnnrm John A. McClary A.... and SuPermtennenl. Personnel Thomas W. Garnella, Ed.D. Assrsbnr Sunennfendeni. 0u s,nesr Seni«t June 29, 1984 Dace LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY llithin Central School District and Central School District attendance boundaries for the following described project: Developer 1CFSTERN PROPERTIES Location /Description S/E corner Spruce Ave. 8 Terra Vista P rkwar Number of Dwelling Units 270 - 2 or more bedrooms Anticipated Completion Date Gentler.en: ,he Central School District hereby certifies that it will provide capacity for Al students in grades F -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the dace of this letter or at 12:01 a.m. December 27, 1984 This fetter of Certification for School District Capacity shall be nonassignabie and all assignments are null and void. Approval of the issuance of building permits by the City of Rancho Cucamonga within the 180 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 :avrenre W. Dull" F."M 1. Wright hnMenl rted ROARO Of TRUSTEES Richard C. At under lack McKehey hsember 71 Member • • Ruth A. Mufan alembn 0 CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR TRACT 12365 ( OFF -SITE IMPROVEMENTS IMMEDIATELY ADJACENT TO TRACT). KNOW ALL MEN RY THESE PRESENTS: That this agreement is made and entered Into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and WESTERN PROPERTIES Developer. hereinal ter referred to as the w ITRESSETH: THAT, WHEREAS, said Developer desires to develop certain real property In said City as shown on the Conditionally approved subdivision known as TRACT 12365 t and WHEREAS, said City has established certain requirements to be met by said Developer as prerequisite to approval of said Subdivision generally located at SPRUCE AVENUE AND TERRA VISTA 391tRWA'I NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described an Page 6 here- he of within twelve months from t effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of sa I City approvl ng this agreement. This agreement shall be in default on the day follow- ing the first anniversary date of said approval unless in eaten. sion of time has been granted by said City as hereinafter Provid- ed. 3. The Developer may request an extension of time to complete the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction standards, cost estimate, and Improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. A. If the Developer falls or neglects to comply with the provisions Of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Developer end /or his surety the full cost and expense Incurred. S. The Developer shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District, 6. The Developer shall be responsible for replacement, relocation, or removal of any component of any Irrigation water system in ca of lict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. -t- i�ll�. Tracts and Cdmm/Ind. P.M. 73 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for coostruc. lion of any transitions or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage, Errors or ommissions discovered during coostructin Shall be corrected upon the direction of the City Engineer. Revised work due to said plan modifications shall be covered by the provisions of this agreement and secured by the surety covering the original planned works. B. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. failure to comply with this section shall be subject to the penalties provided therefor. 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said development resulting from work relative to said development. 10. Mork done within existing streets shall be diligently pursued to completion; the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cast and expense Incurred from the • Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica- tion of the street% and easements in said subldlvisior„ up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said . street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, Issued by the City Engineer, whenever it is necessary to protect the public during the construction of the improvements herein agreed to be made. 12. Parkway trees required to be planted shall be planted by the Developer after other Improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the City Community Development Director, The Developer shall be responsible for maintaining all trees planted in good health until the end of the guaranteed ' maintenance period, or for one year after planting, whichever Is later. 10. The Developer is responsible for meeting all condi. tions established by the City pursuant to the Subdivision .2. • r� u Map Act, City Drdiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement security provided hereinwlth shall be released before such acceptance unless otherwise provided and author iced by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a Successor to the herein named, and by resolution of the City CA a Acil same has been accepted, and this agreement and the improvement Security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. To secure faithful performance of this agreement. The Developer warrants i. A bond or bonds by one or more duly authorized Corporate sureties in the form and content this agreement shall be S pecified by Government Code Section 66499.1. 2. An Improvement Security Instrument in the form workmanship. Any and all and content specified by the City Attorney, 3. A deposit with the City of money or negotiablc Lo be defective within one bonds of the kind approved for securing deposits of public monies. B. To secure laborers and materialmen: 1. A bond or bonds by one or more duly authorized replaced by Developer free corporate sureties in the form and content specified by Government Code Section 66499.1. • 2. An Improvement Security Instrument in the form and content specified by the City Attorney. sum equal to ten percent (105) 3. A deposit with City of money or negotiable • bonds of the kind approved for securing C. A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the Final Map for the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie notes t0 the City. The amount of the deposit may be any amount certified by the engineer or surveyor as acceptable payment in full: or, if no value iS submitted, the cash bond shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as proce. dure perms is after receipt by the City of the centerline tie notes and written assurance of Payment in full from the engineer or surveyor. D. The required bonds and the principal amours thereof are set forth on page 6 of this agreement. w%ar 16. The Developer warrants that the improvements described In this agreement shall be free from defects in mater l als and workmanship. Any and all portions of the improve. ments found Lo be defective within one (1) year following the data on which the Improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security In a sum equal to ten percent (105) of the construction • 3 w%ar n u estimate or $200.00, whichever is greater, to secure the fa'thful performance of Developer's obligations as desCribed in this Para- graph. The maintenance guarantee security shall also secure the faithfdl performance by the Developer Of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise oriaed auth by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take Out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Oevel oper or any contractor or subcontractor or anyone employed by said persons. The public liaoil ity and property damage Insurance shall list the City as additonai insured and directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his So bcontractors, and all insurance policies issued hereunder shall so state. The minimum amounts of such insurance Shall be as follows: Contractor's liability insurance pr Ovi ding bodily • injury Or death liability limits of not less lha $300,000 for each person and $1,000,000 for each accident or occurrence, and property damage liabil- ity limits of not less than $100,000 for each acct- dent or occurrence with an aggregate limit of $250,000 for clams which may arise from the opera• tfons of the Developer in the performance of the work herein provided. Automobile liability insurance covering all vehicles used In the performance of this agreement providing bodily injury liability limits of not less than $200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than 350,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the opera. dons of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage Of any policy evidences by such certificate, before the eapiratlon of thirty (30) days after the City shall have received notification by registered mail from the Insurance carrier. As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: • f.T"UNNIP. '76 0 FAITHFUL PERFORMANCE Type: off -sice improvements /Church street c T,Pri D.ciFa I Amount: 421,337.00 Name and address of suretyxway from Haven Ave. to spmce Ava. Developer's Iasuzance Commany, 333 Wilshire, Anaheim, CA 92801 MATERIAL AND LABOR PAYMENT Type: off -site taprrvemencs /church Street s Principal Amount 21o,ele.so Terra Vista Parkway from Haven Ave, to SPmce Ave. Name and address of surety: peve lope is 'nsucance Company, 333 wilahtze, Anaheim, Ca 92901 CASH DEPOSIT MONUMENTATION Type: Principal Amount: Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these presents to be duly eRecuted and acknowledged with all • formalities required by law on She ates set forth opposite their signatures. WESTERN P 0 ERTIES Date /O -/8-54 by ,Developer gnature Lsa~ A uhrrs AUTHORIZED AGENT Tinted Date by ,Developer Signature Accepted: IA..1P- 11h.rl STATI Of 1A11FDRMA COUNT, cOVN Or SAN AERNARDtNO October 18, 1984 aw.m ae ,h,oamwn.e , Maws %N„ } ° W b,.M raw. saaaw l,- — " Richard A. Levan 4w.n m me w W we Mm11.1 al nn mansam , me em.M ae n,RU nemmm, W ulnen'MaM n 'J t —I11m nssewe.1.W mhell0 wawmmRgW WU Ud Pw,^^,Rq."aW ,lw wme i >'ITNISI m, aW sea df //wl,wl.,(//�/) " "c [DNA A. R03INSON III Edna A. Rabinron ___ 4 ; {,y • V ___.... .. aw�`li�nt Nun IT,RM w anneal IM wY,IInM .wlw wwl 1717 CITY OF RANCHO CUCAMONGA •Pursuant to CIty of Rancho Cu Age Municipal Code, Title I, Chapter I,Be, adopting San Bernardino County Code Title&, Chapters 1.6. a cash restoration /delineation deposit shill be sloe prior to issuance of in Inglneering Construction permit. ENGINEERING DIVISION EN[ROAENi PERMIT FEE SCHEDULE • For Improvement: TRACT 12765 (OFF -SITE IMPROVEMENT It4MEDIATCLY ADJACENT TO TRACT, ]dlC yob -g4- gmOJtB��Ny , -- pY.O >� O SATES INC Fil! Re erence: llii�S I27S5 City Ordeing No. 184 NOTE: Does not Include current fee for wr i Cln9 permit or pavement deposits QUANTITY UNIT ITEM PRICE AMOUNT L.F, " P.C.C. curb - 12" C.F. 24^ gutter 7,25 22 L.F. L.F. P.[.C. curb - B" C.F. 24• gutter 6.00 1 5]2.00 P.C.C. curb only 5.50 L.F. A.C. berm 4.50 O_ T1707 S.F. 4" P.C.C. sidewalk 175 1] il5 00 S.F. 0rlve approach 2.50 4.X00 00 S.F. B" P,C.C, cross gutter (inc. curb) 3.40 C.Y. Street excavation 1.50 C.Y. Imported embankment 1.50 H57� S.F. Preparation of sub rode 0.15 12 99.22, S,f. Crvihed agg. base Iy Inch thlck) 0,03 .50 i 952,12 TON A.C. (over 1300 tons) 11 27.00 i;;9y3 -00 ION A.C. (900 to 1300 tons) 35.00 TOM A.C. (500 to 900 land 45.00 TON A.C. (under 500 tons) 60.00 S,F. A.C. (J^ thick) 0.55 S.F. Patch A.C, (trench) 1.75 S.F. I^ th lck A.C. overlay 0.30 EA. Adjust sewer manhole to grade 250.00 EA. Adjust sewer clean out to grade 150.00 EA. Adjust water valves to grade 15.00 EA. Street lights IOGG.CO ll 00 �H- L.F. Barricades (Intersec. 1500 min) -0.10 L.S. -T Ii L.F. 2 m 4" redwood header 1.75 JO '.so. S.F. Removal of A.C. pavement 0.35 3, L.F. Re novel of P.C.L. curb 3.30 L,F. Removal of A.C. berm 1.00 EA, EA. Street signs 200.00 600.00 Reflector, and posts 35.00 560 a L.F. Concrete block wall 25.00 .0 S.F. Retaining wall 20.00 TON Aggregate base 7.00 C.T. Concrete structures 425.00 -'- L.F. �T- IS- RCP (•;QQQ 9j (125001 29.00 3,712.00 L.F, �- 24" RCP ILwDO..n) (125007 15.00 7,955.00 LF. ]fi^ qCP 12404$4 112500) 49.00 1.4]0.00 L.P. -� 45-4368.' 5 ^,� RCP 1200 0) 69.00.�ty 74.774.00 EA, �- Catch basin N •14' 4000.002gyg} q 000 00 -�- EA. Catch basin N •.@a 26' 4800.002ggg^yl 4.000.00 EA. Catch basin N • 22' 4500.W 4.500.00 EA. Local depression 4' 500.00 EA. Local depression 1000.00 3,000.OU EA. Junction structure s M. 11 'S 5000,00 20.000.00 EA. Outlet structure, Std 0506 1500.00 EA. Outlet structure, Sld 1507 500.00 EA. Guard posts 40.00 -- �57- L.F. �'wnel- !woo•µ 27 °RCV (1250U) Fyn. 79.0o 1�b L.F. Q '.Q JO'RCP (1250D) YYyY 42.00 19.026.00 FA. headwall (40" wing) Ao0U.U0 L.f. Redwood header I, lS S.F. Landscapin 6 Irrigation 2,75 L.F. Roll curb P.C.C.) 7.50 ENGINEERING INSPECTION •RESTORAIION FEE SUB TOTAI. 229,199, /DELINEATION CASII CONTINGENCY COSTS 22 919. DEPOSIT (REFUNDABLE) rAITIIFUL PFRr011MANCE 00110 (loos) 252.119. MONUMENIAIION SURETY (CASH) LABOR AND MAIEIIIAL OUZO (501) •Pursuant to CIty of Rancho Cu Age Municipal Code, Title I, Chapter I,Be, adopting San Bernardino County Code Title&, Chapters 1.6. a cash restoration /delineation deposit shill be sloe prior to issuance of in Inglneering Construction permit. • Bond: 9C Presidium: FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamoni State of California, and '!(ESTERS PROPERTIES (hereinafter designated as "pr,nc,pal nave entered into agreement whereby or oc ipai agrees to install and Camp certain des 19"ted public improvements, which said agreeme dated October 16 198 q , and identified project Tract 12365 is hereby referred to made a part hereof ;and, WHEREAS, said principal is required under the terms of s agreement to furnish a bond for the faithful performance of s agreement. NON. THEREFORE, we the principal and oevalooer's insurance coos as surety, are held and firmly bound unto :he�Asn Cucamonga (hereinafter called "City"), in the Penal sum of Two hundred fifty -two thopcand one hundred twenty ---------- - - - - -- 0017a U mnn[y o the United ates, or the payr of which sum well and truly to be made, Ne bind ourselves, heirs, successors, executors and administrators, jointly severally, firmly by these presents. The condition of this obligation is such that if the at bounded principal, his or its heirs, executors, administratr '!9 successors or assigns, shall in all th,nga stand to and abide and well and truly keep and perform the covenants. Conditions • provisions in the said agreement and any alteration thereof i as therein provided, on his or their part, t0 he kept performed at the time and in the manner therein specified, am all respects according to their true intent and meaning, shall indemnify and save harmless City, its officers, agents employees, as therein stipulated, then this obligation s become null and void; otherwise, it snail be and remain in force and effect. As a Part of the obligation secured hereby and in additic the face amount specified therefor, there Shall be included c and reasonable expenses and fees, including reasonable attorn, fees, incurred by City in successfully enforcing such obligat all to be taxed as costs and included in any judgment rendere '— The surety hereby stipulates and agrees that no chid extension of time, alteration or addition to the terms of agreement or to the work to be performed thereunder or the sr fi . . t"n' accam pany,ng the same shall in anywise affect obi igetions on this bond, and it does hereby waive notice of such change, extension of time, alteration or addi t,On to terms of the agreement r• to the work or to the Spec,f,tatio, IN WITNESS WHEREOF, this instrument has been duly execut, the principal and Surety above named, on ex�11 199, We stem Pro [t lea er'a tnzura`. c _ Oeve o r Surety • Aucnoelud Ag de91atu re tto,ney.,n- act STEPHEN A. SPAGNOLO PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED '!9 "ad: 90854SS PrnmiM:Im 1uEn LABOR AND MATERIALMEN BOND Perfo WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and WESTEM PROPERTIES (hereinafter designated as "Pr[ncipa ave entered into an agreement whereby principal agrees to install and comolote certain designated public improvements, which said agreement, dated occobee 16, 198 a , and identified as prplect ra [z hereby rTerred to and made a Darr hereof{ and a - -- WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cucamonga to secure the claims to which reference is made in Title 15 (commencing with Section 30821 of Part a of Division 3 of the Civil Code of the State of California. NON, THEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, materiaimen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum OfOxifthurdei,d twent -six thausan1 and sxwt• Doi lays (11126 060.00 ) , for mstena s ure, shed Or labor thereon of any kind, or or am pU nSS due under thG Unemployment IpaUrdnp! Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and al SO in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as casts and t0 be • included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part a of Divison 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of lime, alteration or addition to the terms of said agreement or the Specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here. by waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on is 198 a 8escem Prope rot a eve oiler �l Auchari zed gene' ure oeve lope r'a insurance company ure ty . tt orne Y•ln• act 81'EPIIEN A. $PAGNOLO ' PLEASE ATTACH POWER OF ATTORNEY TO ALL BONDS SIGNATURES MUST BE NOTARIZED ro CITY OF RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR TMCf 12265 (OFF -SITE IXPROVCMENTS - CliCRCD STREE. ;UIO TERRA VISTA PARKWAY FRO:d HAVEN AVENUE TO SPRUCE .V.CN:'E) KNOW ALL MEN By THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and <ESTERN PROPERTIES hereina er referred to as the Developer. MITNESSETM: THAT, WHEREAS, said Developer desires to develop Certain real property in said City as shown on the conditionally approved subdivision known as TRACT 12365. ; and WHEREAS, said City has established Certain requirements to be met by said Developer as prerequisite to approval of said subdivision generally lotated a ,,RucC AVENUE A= yCRHA VISTA NOW, THEREFORE, it is hereby agreed by said City and by said Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Page 6 here. • of within twelve months from the effective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreement. This agreement shall be In default on the day follow- ing the first anniversary date of said approval unless an exten- sion of time has been granted by said City as hereinafter provid- ed. 3. The Developer may request in extension of time to completa the terms hereof. Such request shall be submitted to the City in writing not less than 30 days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time. The City shall have the right to review the provision% of this agreement, including the construction standards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. e. If the Developer falls ar neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be met by any lawful means, and thereupon recover from the Developer and /or his surety the full cost and expense incurred. 5. The Oegeloper shall provide metered water service to each lot of said development in accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. The Developer shalt be responsible for replacement, relocation, or removal of any component of any Irrigation water System in Conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of such water • syseem. t- II-- Tracts and C"Ond. P.M. a, n u 7. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and on file in the office of the City Engineer, Said Improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on Page 6 hereof, as taken from the improvement plans listed thereon by number. The Developer shall also be responsible for construc- tion of any transitions or other incidental work beyond the tract boundaries as needed for safet, Ind proper surface drainage, Errors or commissions discoverer .ring constructin shall be corrected upon the direction of the ty Engineer, Revised work due to said plan modifications shall a covered by the provisions of this agreement and secured b. th., urety covering the original planned works. 0. Construction permits shall be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of pool lc utilities and City Departments. failure to comply with this section Shall be subject to the penalties provided therefor. 9. The Developer iris.! ., responsible for removal of all loose rocks and other debris from public rights -of -way within or aejoining said development resulting from wr.v re':tive to said development, 10. Work done within existing streets shall be diligently pursued to completion; the City shall have the right • to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and /or his contractor by any lawful means. 11. Said Developer shall at all times following dedica. tion of the streets and easements in said subldivision, up to the completion and acceptance of said work or improvement by said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent in said street or easement, and will protect the traveling public from such defective or dangerous conditions. Until the completion of all improvements, herein incorporated on Page 6 , to be performed, each of said streets not accepted as Improvements shall be under the charge of said Developer. Said Developer may close all or a portion of any street subject to the conditions contained in a temporary street closure permit, Issued by the City Engineer, whenever It is necessary to protect the public during the construction of the Improvements herein agreed to be made. It. Parkway trees required to be planted shall be Planted by the Developer after other improvement work, grading and cleanup has been completed, Planting shall be done as Provided by Ordinance In accordance with the planting diagram approved by the City Community Development Director. The Developer shall be responsible for maintaining all trees planted In good health unt 11 the end of the guaranteed mal ntenance period, or for one year after planting. whichever Is I ter. 13, The Developer is responsible for meeting all condi- tions established by the City pursuant to the Subdivision • -Y• f-Iftn" INS SA 0 Map Act, City Ordiances, and this agreement for the development, and for the maintenance of all improvements constructed thereunder until the improvement is accepted for maintenance by the City, and no improvement fecority provided hereinwith shall be released before such acceptance unless otherwise provided and authdrized by the City Council of the City. 16. This agreement shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvement security to be furnished by the Developer with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. B. • C, To secure faithful performance of this agreement. 1. A bond or bonds by one or more duly authorized corporate sureties in the farm and content specified by Government Code Section 66499,1. 2, An Improvement Security instrument in the form and content specified by the City Attorney. 3. A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public monies. To secure laborers and materialmen: 1. A bond or bonds by one or more duly authorized corporate sureties in the form and content specified by Government Code Section 66499.1, 2. An Improvement Security Instrument in the form and content specified by the City Attorney, 3. A deposit with City of money or negotiable bonds of the kind approved for securing A cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the final Map For the setting of all boundary, lot corner, and street centerline monuments and for furnishing centerline tie bates to the City. The amount of the deposit may be any amount certified by the engineer or Surveyor As acceptable payment in full; or, if no Value is Submitted, the cash bond Shall be as shown on the Construction and Bond Estimate contained herein. Said cash deposit may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes and written assurance of Payment In full from the engineer or surveyor, D. The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the improvements described in this agreement sha ii be free from defects in materials and workmanship, Any and all part ions of the improve- ments found to be defective within one X11 year following the data on which the improvements are accepted by the City shall be repaired or replaced by Developer free of all charges to the city. The Developer shall furnish a maintenance guarantee security In a sum equal to ten percent 110%1 of the construction '3- l.a, _ es 0 estimate or $200.00, whichever is greater, to secu,e the faithful Performance of Developer's Obligations as described in this para- graph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the Developer to do specified work with respect to any parkway maintenance assessment district. Once the Improvements have been accepted and a maintenance guarantee security has been accepted by the City, the other improvement security described in this agreement may be released provided that such release is otherwise authorized by the Subdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain such public liability and property damage insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from claims for property damages which may arise because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons. The public tiabiI ity and property damage insurance shall list the City as add! tonal insured and directly protect the City, its officers, agents and employees, as well as the Oeve 10 per, his contractors and his subcontractors, and all insurance policies issued hereunder sha 11 s0 state. The minimum amounts of such insurance shall be as follows: A. Contractor's liability insurance providing bodily Injury death • or liability limits Of not less the 5700,000 for each person and $1,000,000 for each accident or occurrence, and property damage liabil- ity limits of not leis than 5100,000 for each acci. dent or occurrence with an aggregate limit of $250,000 for claims which may arise from the opera- tions of the Developer in the performance of the w Ork herein provided, I. Automobile liability insurance covering all vehicles used in the performance of this agreement providing bodily Injury liability limits of not Tess than $200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than $50,000 for each accident or occurrence, with an aggregate of not less than $100,000 which may arise from the opera. tions of the Developer or his Contractor in performing the work provided for herein, 10. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of Insurance covering the specified insurance. Each such certificate shall bear an endorsement prec Toiling the cancellations, or reduction in coverage of any policy evidences by Such certificate, before the expiration of thirty ( 70) days after the City Shall have received notification by registered mall from the insurance carrier. As evidence of understanding the provisions contained herein, and of Intent to comply with same, the Subdivider has submi tied the fallowing described Improvement security, and has if imed his signature hereto; • -4- l`01% JP FAITHFUL PERFORMANCE Type: 0ff-:e o improoements rrmadla :y aa; acParrm incipal Amount: ;P tr c, ], BO.:O Name and address of Surety: Developer,, a. -tee �crus.r Ill u,a.,. MATERIAL AND LA8DN PAiMENT'' Type: c;f,te improvements ;taeara:ely aa;acey *inci Pal A ^,Duna 160.ao to t Name and address of surety: Developer's nca CASH DEP OS I TJ XONUM NTRT,ION Type: Prinoipai ATOUntt Name and address of Surety: MAINTENANCE GUARANTEE Type: Pr,Aclpal Areant: Name and address Of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto have caused these • presents to be duly executed and acs n owledced with all formalities required by law on the dates set fort, oPPOSI to their signatures. WESTERN PR PERTIES Date _ /O- /% -TV( by A .gam ,Developer ignature QSemai> ff c A O ENT nted Date by ,Developer Slgra:ure Accepted: City of Rancho Cucamonga, California A Municipal Corporation IA..a, of NmemaYl STATE Or CALIFORNIA COUNTY or SAN OEM ARDX%O - -J 5a. O Goober 18. 1984 _. awmr mn IA..na..wPN.• H. —P.M11 n .M F. u,a rle, aww ome,.p M Richard A. Lewis r I,wen n m. b j. N..aMt.l N d. NFwnaY M. e.mwi IM Mm A.—uw PY,mINPa Nnw p(pIb._A uh,xwl Ox wm. la wA an baball.1.11 whoa, xaA ..4 PwwwPY e.rtM dix wme i wilhow an ad ma a fic I I, .^�• ^.-' ,n n a.a' -.��K R09INSON t TOM A, Edna A.Rebtnson Nb ITrM At F.MI ur[ww .�Nl.wail.Hat Nr aw x..xxw ..YY rwn CITY OF RANCHD CUCA40NGA ENGINEERING DIVISION ENCROACHMENT PERMIT FEE SCHEDULE OFF -SITE IMPROVEMENTS CHURCH STREET 6 TERRA V For Improvement: TRACT 12365 PARNMAY FROM HAVEN AVE. TO SPRUCE AVE. Date: 9 -26 -84 mnpul! y�._r ,RO AS SOCIITES. INC. File Re erence: Cl ty Orawing rya. 884 NOTE: Does Ault Include current fee for wr lting permit or pavement deposits QUANTITY UNIT ITEM PRICE MOUNT L.F. P.C.C. curb - 12" C.F. 24" gutter 7.25 L.P. P.C.C, curb - 0" C.F. 24" gutter 6,00 '�T;UT0-00 1ZO7- L.F. P.C.C. curb only 5.50 -1T'36" -50 L.F. A.L. berm 4.50 - S.F. a" P.C.C. sidewalk 1.75 --77U-5-50 S.F. Drive approach 2.50 - 'f?C0o S.F. 8" P.C.C. cross gutter lint. curb) 1.40 C.Y. Street ecca,.tlon 1.50 C.Y. Imparted embankment 1.50 1 TT_nTT- S.F. Preparation of subyrade 0.15 T9- 4'OT50 9T,= S.F. Crushed agg, base (per brth lhick)4" 0.01 - iTZ77712 72= TON A.C. (over 1100 tons) 21.00 00 TON A.C. (900 to 1100 tons) 15.00 TON A.C. (500 to 900 tons) 45.00 - TON TON A.C. (under 500 tons) 60.00 S.F. R.C. (1° thick) 0.55 S.F. Patch A,C. (trench) 1,75 S.F. 1" thick A.C. overlay 0.10 EA. Adjust sewer manhole to grade 250.00 EA. Adjust sewer clean out to grade 150.00 EA, Adjust water valves to grade 75.00 �S EA, Street lights 1000.00 15,0 X63 L.F. Barricades (Intersec. 1500 min) 1.00 87T L.F. 2 + 4^ redwood header 1.75 5 1..-4WD S.F. Removal of A.C. pavement 0.15 L.F. Removal of P.C.C. curb 1.10 L.F. -� Removal of A,C, herm L00 EA, Street signs 200.00 -4000 Ty LA. Reflectors and posts 15.00 610.00 L.F. Concrete block wall 25.00 S.F. Retaining wall 20.00 TOR Aggregate base 7.00 C.V. Concrete structures 425,07 X15 L,F. -)T To" RCp (-2088 -0 ) • (12500) 29.00 2 610.00 L.F. 24 RCP (1500 0)16 "CMP 35L7052. 00 020,00 ]6[ L.F. 16" RCP "000 -B)- (1000D) 49.00 17 718.00 Sri L.F. -i 40" R P 11208-00 CMP (1200D) 4 &,000.00 8,000.00 EA, -T Catch basin W . 6 PBN LOp 2500.00 2100 _r EA, Catch basin W • C 7 2100:00 2700.00 2,700.00 EA. Catch basin W . p2'16' 4500 -99 4000.00 4.000.00 EA. -3 Local depress ton 4' 500.00 EA. Local depression 1000.00 1.000.00 T EA. Junction structure 5000,00 5.000.00 EA. Outlet structure, Std 1506 1500.00 EA, Outlet structure, Std 1501 500.00 _ EA, Guard posts 40,00 L.F. Guard panel (wood) 25.00 �L'- t7f.. Semen t- CY. GRADES EARTH CHANNEL 2- 00-1.50 --T 750.00 EA, headwall (40" wing) 4000.00 L,F, Redwood header 1,75 S.F. Land IIapInyy 6 I r r 19 at Ion 2,15 -- L.F. Roll curb (P.C,C,) 1.50 RRTnGE CROSS; 4C, (Cl URCH ST. OVER) 14. 160,052.00 ENGINEERING INSPECTION FEE SUB TOTAL )tll 1 •AESTORAFIOH /DEL[NEAT ION CASH CONTINGENCY COSTS 19 14 DEPOSIT (REFUNDABLE) FAITIOUL PERFORMANCE BOND (100x) alt 1 0 MONUMENTATION SURETY (CASH) LABOR AND MATERIAL BOND (50%) -Pursuant to City of Rancho Cucamonga Municipal Code, Title 1, ChIpler 100, adopting San 0ernardllo County Code Title%, Chapters 1.5, a cash re%loratloo /dellneation deposit shell be made prior to Issuance of an Engineering Construction Permit. A Revlsed 3184 16 • Bond: 9085465 Pramivam:62531.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and 14ESTELN PROPERTIES (hereinafter desi grated as ^pnnclDa —" have entered Into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated octrber 16 198 4 , and identified as p,ojec-F 12365 is hereby referred to and made a part hereof;and, WHEREAS, said princioal is regui red under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we the principal and De_veloper-s xns„rance crmpanv as surety, are held and firmly bound onto the City Cucamonga (hereinafter called "City'•), in the penal sum of eeuT hundred eweney -one thousand wi ht hundmd Mizty- rover-- - - - - -- B TT oT. n 431,837,00 - - -- lawful money of the Jn I[e0 ate %, or the payment of whit sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation Is such that if the above bounded principal, his or its heirs, executors, administrators, • successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the Wanner therein specified, and in all respects according to their true intent and meaning, and %hail indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full forte and effect, As a part of the obligation secured hereby and the face amount specified therefor, there shall be (A. d fwwwww gl ,1 in addition to included costs orney•s gat l of Steil , change, of the specie its Of any to the ions. STAIR Of CALINIBNIA 1 %t ca N Y oT BAN BERRARDENO J 11 October 18, 1980 , t Nam, hN., ,. wed W mW wm fr,m.yi,. a Rtchatd A. Lewra _ ro M Sit twin.) at IM f.muni awa aww+ut Me Mu.w,wwal.M vLm.IMpamm IMI_at_.I I IN ww N,N.avNdd u,I fuwtlq ml M.4 f.rmnMw ernmaUm we i WITNBY mfr aawwa d.Nk/W�xY I +s•wmn t-cc ,.tila f`?� <_''cy p,�, ='?>a EDNA A. Ed.. A. Robincon •RODINSON ep- X4 5.1, cstrtnft"InlMv 11 IHf NwwlT,ftawfwMa • fowl, .win le + Iw 1. n mt . IN Mm M iwWUIW, ww It w IM 1 taw e.miw ne wwn nwn—x Ipnr M Iwmmni - "., Im Iwpnninn IM1mn,yey,wvw.Mlw In ne M IN "w— w mthau to new w watti wl I t r awa,.t K'/U ar. ow A 4.. wn JAM, VAN WAGONER tip ' .p,Aflr Rl &IC ULI(HE olaAffcE cuunn N fatlms+n [rwmaM ]I. IMI d by Qapy_ I Bond: 9085465 P[emiotn:Included i LABOR AND MATERfALMEN BOND Porwc YHEI EAS, the City Council of the City of Rancho Cucamonga, State Of California, And WESTERN PRUPERa£5 (hereinafter designated as "principal •• have entered into an agreement whereby principal agrees to install and complete certain designated Public doted improvements, which said agreement, be 16 , 198 a , and identified as Part ect iuee iy65 __ Is nereby referred to and made part here ol; antl WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment band with the City of Rancho Cucamonga to secure the claims to hich reference is made in Tile 15 (commencing with Section 31782) of Part a of Division 3 Of the Civil Code of the State of California. NOW, THEREFORC, said principal and the undersigned as a t surety, are held firmly bound unto the City of Rancho Cucamonga all contractors, subcontractors, laborers, materialmen and other persons employed in the performance o/ the aforesaid agreement and referred to in the of mesa id CO de he Civil Pr O[e dart io the SUM Of Two hundred ten thousand nine hundred eighteen So /tc of 0071 arf ($ ]ID.918.50), for materia S I— IsFied or labor thereon Of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, Loaf said surety will pay the same in an amount not exceeding the amount hereinabpve set forth, and crisp in case suit is orquant upon this bond will addition to the face amount thereof, costs and real onab in pay in expenses and fees, including reasonable attCosts fees, incurred by City in successfully enfor cin9 such obligation, to be awarded and fixed by the court, and to be taxed as casts and to be • included In the judgment therein rendered, shall ti n u reereby expressly S t I on Iited and agreed chat this bond Corpur a t ions entitled to benefit file nln msand all lerpersons Title 15Companies and with Section 3082) of part 4 of 9lvison 3 of the Civil Cmen, so as to gr ve a right of action to them or their assigns in any salt brought upon this bond, Should the condition of this bond be fully mr f— d, tnen 1,;. ..,._... .. hall be fAmw 4 nme+arl STATE OF CAInOaNIA change, COUNTY of BAN BERWPDIIiO } ss' 0f Said October le, 1984 ,W .me•ow sanww..h ,roww hall in s hefe- m el lx wit ww. p�.11r Illchard A. Levis [ in n or N». K mt b M 14. MwFl.i N M Fve.nAy WI.mw1a gw.xau wwnenl.M..NalNplro nw wt_ Ir_ e.nuM M ww Nr W n MWI aI..d Mrw.ar Nl4w wd p.mmMp e,eluw Jr. ume • �J FUted by EDNA A. ROtR75'C i ` ' Edna A. Robinson �.0 ) ' F ]W ]1.IW N.ne lTrws luMMl • . u. .^n .. In — Ia Ft i. m i N w .rno„py Cr.— .4;a rrm .p,ene.re.rx .n 1.. •nxr.mml .. Fn..rM arinrri0 nn IVI•rX w ar wpn I—Aw [.mw.,, iM .npwmn Iwmn i.nM,.N w.m.MM rn mr aw IM enwnun emwe. n 1 r wl.Vrbb n/, N7N�nwary,rl reew�l / 1f` bsww.�Jd.�di� L�lCta.. LCAT/1NA�a mm Fun E, .run.1 mt1ABY • WAOOMER am]ISGI cUUtOANM Cn h F ]W ]1.IW • RESOLUTION NO. "1 9; 06R 8y —,a?q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12365 WHEREAS, the Tentative Map of Tract No. 12365, consisting of 8 lots, submitted by Western Properties of Lewis Homes, Subdivider, located on the east side of Spruce Avenue between Terra Vista Parkway and Mountain View Drive has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: • 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is 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; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: , Jon 0. Mike s, Mayor • ATTEST: Beverly A. Authelet, City Clerk jaa t9 0 • 0 CITY OF RANCHO CUCAMONGA STAFF REPORT °i DATE: November 7, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer SUBJECT: Approval of Improvement Agreement, Improvement Security Instrument and Final Map of Tract No. 11577 located on the west side of Turner Avenue at Ironwood Avenue, south of Base Line Road submitted by Terrance A. Lane. The attached bonds, agreement and final map of Tract No. 11577 are submitted herewith for Council approval. The project is a division of 1.7 acres of land into 7 lots located on Hellman Avenue and Church Streets. This subdivision was tentatively approved by the Planning Commission on November 26, 1980. The Annd amounts submitted is in the form of an Improvement Security Instrument in the amount of $73,500.00. RECOMENDATION It is recommended that City Council adopt the attached resolution approving Tract No. 11577, accepting the bonds and agreement and authorizing the Mayor and City Clerk to sign on behalf of the City. Respectfully submitted, LBH :JLM:ko Attachments to 0 • • TENTATIVE TRACT NO. 11577 lH .NE CITY OF RANCHO CUCAMONGA Z! ..... . .. 945tUNE - -!2A-L- 1/ 1-11TI ..... ..... .. ... ..... .. IANDMAIIN CONfUL7ANT! -- t -3 J. 5 1 1 1/ 1-11TI ..... ..... .. ... ..... .. IANDMAIIN CONfUL7ANT! -- •` - ROBERT NEUFELD sr 't- ... Nwww� CUCAMONGA COUNTY WATER DISTRICT LLOYD W. MICHA EAARL E Y C, BR OE N BEVERLY A WEST VICTOR A. OHERBA K. JR.. P.e,i[ ewe CHARLES A. WEST October 26, 1984 , City of Rancho Cucamonga Engineering Department P. O. Box 807 Rancho Cucamonga, California 91730 Attention: Barbara Krall Gentlemen: Terrance A. Lane, Developer of Tract No. 11577, situated in Rancho Cucamonga, has deposited with this District Letters of Credit to insure the completion of waterline and sewerline construction on • this Tract. The District has accepted these letters in lieu of the standard bonding documents normally used. Presently, sewer and water improvement plans have been approved. If you have any questions concerning this matter, please contact the undersigned. Yours truly, CUCAMONGA COUNTY WATER DISTRICT Betty FierF Secretary 0 9). F-1 is September 4, 1984 Letter of Certification P 5 15th of School District Capacity REC61VE05E Within the Chaffe Joint Union Hiah School District attendance boundaries for the fol owing described project: Location /Description: Tract No. 11577 Ironwood 8 Turner Rancho Cucamonga Number of Dwellings: 7 Anticipated Completion Date: unknown The school district hereby certifies that the capacity for 1 students will be provided within 24 months of the completion o the above project. This certification is given on the condition that the State of California continues to fund the provisions of the Leroy G. Greene Lease /Purchase Act of 1976, or any successor Act, in such manner that the State Allocation Board may fund all school building projects under its current rules and regulations without priority points. The commitment of this capacity shall expire 90 days from the date of this letter. Approval of the final map or the issuance of building permits by the City of Rancho Cucamonga within that 90 -day period shall validate such commitment. irrienderte /Asst. Superintendent by Dianne Allen ( t4 -1 � � cc: Punning Division City of Rancho Cucamonga Terry Lane Terry Lane 6 Assoc. 902 West 9th Street Upland, CA 91786 tZ RECEIVED JUL j 3 12134 ADMINISTRATION Frank A. Costa, Jr., Ed.D. Central School District Oi1i1"n"` "' • John A. McC McCrary assistant Supvmtenden t. Pe•snnnel 9457 Foothill Boulevard / Rancho Cucamonga. California / (714) 9898541 Thomas W. Garnella, Ed.D. 91730 nssissant Supermmnslenr, 0u11n111 Semms Juiv 12. 1984 Date LETTER OF CERTIFICATION FOR SCIIOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the fallowing described project: Developer Lane 8 .associates Location /Description Tract 911577 - W of Turner at I Number of Dwelling Units Seven (7) single familv units Anticipated Completion Date Februarv, 1984 • Gentlemen= The Central School District hereby certifies that it will provide capacity for 4.2 students in grades K -8 living in housing units to be constructed in the above residential development. This certification is given on the condition that: 1) The developer and district have executed the "Agreement for Financing Public School Facilities and Establishing Fees for Such Facilities" and 2) The developer continues to comply with the terms and conditions of the Agreement. The commitment of this letter shall expire one hundred and eighty (180) days from the date of this letter or at 12:01 a.m. December 9. 1984 This Letter of Certification for School District Capacity shall be nonassignable and all assignments are null and void. Approval of the issuance of building permits by the Citv of Rancho Cucamonga within the 180 day period shall validate such commitment to this developer. Sincerely, Frank A. Costa, Jr. Superintendent 3/84 9Y BOARD OF TRUSTEES Lawrence W. DWlon rand. 1• Wright Richard C. Alevnder lack McRelwy Rmh A. Mmler Mcmaw , A1em10 CITY OF RANCHO CUCA+K)NGA SUBDIVISION IMPROVEMENT AGREEMENT TRACT NO. 11577 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Subdivision Map Act of the State of California, and of the applicable ordinances of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City, and Terrance A. Lane . hlrein�l' referred to as the Subdivider. WITNESSETH: THAT, WHEREAS, said Subdivider desires to subdivide certain real oroperty in said City as shown on the previously approved Tentative Map of Tract No, 11577 ; and, WHEREAS, said City has established certain requirements to be met by said Subdivider as prerequisite to approval of the Final Nap Of said Tract by said City; NOW, THEREFORE, it is hereby agreed by said City and by said Subdivider as follows: 1. The Subdivider hereby agrees to construct at Subdivider's expense all Improve- ments described on Page 5 hereof within twelve months from the effective date hereof. • 2. This agreement shall be effective on the date of the resolution of the Council of said City approving said Final Rao and this agreement. This agreement shall be in default on the day following the first anniversary date of said approval uniess an extension of time has been granted by said City as hereinafter pro- vided, 3. The Subdivider may request an extension of time to complete the teems hereof. Such request shall be submitted to the City in writing not less than 60 days before the expiration date hereof, and shall contain a statement of circum- stances necessitating the extension of time. The City shall have the right to review the provisions of this agreement, including the construction stanlards, cost estimate, and improvement security, and to require adjustments therein if any substantial change has occurred during the term hereof. 4. If the Subdivider fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be net by any lawful means, and thereupon recover from the Subdivider and /or his surety the full cost and expense incurred. S. The Subdivider shall provide petered water service to each lot on said Tract In accordance with the regulations, schedules, and fees of the Cucamonga County Water District. 6. Utility- Deposit-Statement. Subdivider shall file with the City Engineer, prior to the commencement of any work to be performed within the areas described by said map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made the deposit legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such Corporation within such sub division. 7. The Subdivider shall be responsible for replacement, relocation, or removal of any component of any irrigation water system in conflict with construction of required improvements to the satisfaction of the City Engineer and the owner of • such water system, ,` V IMPROVEMENT AGREEMENT TRACT O0, 11S77 PAGE 2 B. Improvements required to be constructed shall conform to the Standard Drawings and Standard Specifications of the City, and to the Improvements Plan approved by and an file in the office of the City Engineer. Said improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on Page 5 hereof, as taken from the improvement plans listed thereon by number. The Subdivider shall also be responsible for construction of any transitions Or other incidental work beyond the tract boundaries as needed for safety and proper surface drainage. 9. Construction permits shall be obtained by the Subdivider from the office of the City Engineer prior to start of work: all regulations listed thereon shall be observed, with attention given to safety procedures, control of dust, noise, or other nuisance to the area, and to proper notification of public utilities and City Departments. Failure to comply with this section shalt be subject to the penalties provided therefor. 10. The Subdivider shall be responsible for removal of all loose rocks and other debris from public rights -of -way within or adjoining said Tract resulting from development work relative to said Tract. 1t. Work done within existing streets shall be diligently pursued to completion. 12. Parkway trees required to be planted shall be planted by the Subdivider after other improvement work, grading, and cleanup has been completed. Planting shall be done as provided by ordinance in accordance with the planting diagram approved by the City Community Development Director in all locations where the Adjoining lot has been completely developed and built upon. e ran- A Lane the Subdivider shall be re- spOnsible or maintaining al I trees Planted sn good health until the end o guaranteed maintenance period, or for one year after planting, whichever i later. 13. The Subdivider is responsible for meeting all conditions established by the City pursuant to the Subdivision Map Act, City ordinances, and this agreement for the Tract, and for the maintenance of all improvements constructed there. under until the Tract is accepted for maintenance by the City, and no im- provement security provided herewith shall be released before such acceptance unless otherwise provided and authorized by the City Council of the City. 14. This agreement shall not terminate until the maintenance guarantee bond here- inafter described has been released by the City, or until a new agreement together with the required improvement security has been submitted to the City by a successor to the Subdivider herein named, and by resolution of the City Council same has been accepted, and this agreement and the improvement security therefor has been released. 15. The improvements security to be furnished by the Subdivider with this agreement Shall consist of the following, and shall be approved by the City Attorney: A. A faithful performance guarantee bond assuring completion by the Sub- divider of all conditions prerequisite to acceptance of the Tract by the City. S. A material and labor payment guarantee bond assuring payment in full by the Subdivider for all materia is, services, equipment rentals, and labor furnished to the Subdivider in the course Of meeting the conditions of this agreement. C. A cash deposit with the City to guarantee payment by the Subdivider to the tract engineer or surveyor whose certificate appears upon the Final Tract Map for the setting of all tract boundary, lot corner, and street center - Iine monuments and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified by the tract engineer or surveyor as acceptable payment in full; or, if no value is Sutm Itted, th cash bond shall be as shown on the Construction and Bond estimate con herein. A 0 14PV0YEME iT AGPEE'IENT TRACT 90. 115]] c;GE 3 Said cash deposit nay be refunded as soon as orocedure penis after receipt by the City of the centerline tie notes and '.sri tten assurance of payment in full from the tract engineer or surveyor. 0. The required bonds and the principal amounts thereof are set forth on page 4 of this agreement. 16. The Subdivider warrants that the improvements described in this agreement shall he free from defects in materials and workmanship. Any and all portions of the improvements Pound to be defective within one (1) year fallowing the data on which the irprovements are accepted by the City shall be repaired or replaced by subdivider free of all charges to the City. The Subdirder shall furnish a naieterance nuarantee bond in a sum equal to ten percent (101) of the Con- struction escinate or S200.00, wnichever is greater, to secure the faithful performance of Subdivider's o'olioations as described in this paragrtoh. The maintenance guarantee bonds shall also secure the faithful oerforance by the Subdivider of anv obligation of the Subdivider to do specified work with respect to any parkway maintenance assessment district. Once the improve-ents have been accepted and a maintenance guarantee band has been accepted by the City, the other i ^.proverzent security described in this acreerent -ay be re- leased oroviled that such release is otherwise authorized by the Suhdivision Map Act and any applicable City Ordinance. 17. That the Developer shall take out and maintain, during the term of this agree- ment, such public liability and property damage insurance as small protect him • and any contractor, or subcontractor performing -work covered by this agreement fro, claims for property damages which may arise because of the nature of the work or from operations under this vcreement, whether such operations be by hi-eelf or by any contractor or subcontractor, or anyone directly or indirectly e-olcyed by said persons, even thcucn such da ^aces be not caused by the negli- gence of the Developer or any contractor or subcontractor or anyone emlpved by said lersons. The public liability and property damage insurance shall also directly protect the City, its officers, agents and employees, as well as the Developer, his contractors and his subcontractors, and all insurance policies issued hereunder shall so state. The amounts of such insurance shall be as follows: • A. Contra Cow's liability insurance providing bodily injury or death lia- bility limits of not less than $300,000 for each person and 51,000,[00 for each accident or occurrence, and property damage liability limits of not less than SI00,030 for each accident or occurrence with an aggregate limit of 5200,000 for claims which may arise from the operations of the Devel- oper in the performance of the work herein provided. B. Automobile liability insurance covering all vehicles used in the per- formance of this agreement providing bodily injury liability limits of not less than 5200,000 for each person and $300,000 for each accident or occurrence, and property damage liability limits of not less than $50,[00 for each accident or occurrence, with an aggregate of not less than SIC0,000 which .Tay arise from the operations of the Developer or his Contractor in performing the work provided for herein. 18. That before the execution of this agreement, the Developer shall file with the City a certificate or certificates of insurance covering the specified insurance. Each such certificate shall bear an endorsement precluding the cancellations, or reduction in coverage of any policy evidences by such certificate, before the e'pirati on of thirty (30) days after the City shall have received notifica- tion by registered mail from the insurance carrier. 99 0 IMPROVEMENT AGREEMENT TRACT NO. 15]] PAGE 4 As evidence of understanding the provisions contained herein, and of intent to comply with same, the Subdivider has submitted the below described irorovement security, and has affixed his signature hereto: FAITHFUL PERFORMANCE BOND Description: Principal Amount $49,000 Surety: Attorney -in -Fact: SEE LETTER OF CREDIT FROM Address: CHINO VALLEY BANK (ATTACHED) MATERIAL AND LABOR PAYMENT BOND Description: Principal Arm,rt: 524,500 Surety: SEE LETTER OF CREDIT FROM Attorney -in -Fact: CHINO VALLEY BANK Address: (ATTACHED) CASH DEPOSIT MONUMENTING BOND Amount as shown on Construction and Bomd Estimate: • MAINTENANCE GUARANTEE BOND S 11550 To be posted prior to acceptance of the tract by the City. Principal Arount: $2,450 IN NiTNESS HEREOF. the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures. Date by X- , Subdivid, Date by Subdivider CITY OF RANCHO CUCAMONGA, CALIFORNIA a municipal corporation by Mayor Attest: City Clerk Date aff 1 9 1981 t• • is CITY OF RANCHO CL'CA.90t1GA CONSTRUCTION AND BOND ESTIMTE ENCROACHMENT PEMtT FEE SCHEDULE (Attach to "Inspector's Copy ") DATE: QctoDer 14. 1991 PERMIT NO. COt>POTED BY T. Lane file Ref¢rence %C // S77 City Ol.tnR So.e 395 NOTE: Data not include catcen[ fee fat vritin0 p¢mLLc rt pavement replace - men[ depralte. CONSTRUCTION COST ESTIVATE ITE4 OL '.[$TITY UNIT nXT COST TOTAL. CONSTRUCTION COSTS • 4A975.n0 FAITHFUL PERFORMANCE BOLD (1001) 49000.:0 0 33 r,. _ A" C.F. 507 L. F. 6.00 3042.00 P.r. , Co,b hlo N' C.F. L.F. A.i. Born (5300 lh) L.F. 4" P.C.C. S d <vnik S.P. / , 6" Onve An r ach S. F. R" P.r.r. Croce S[t¢¢[ Ee cva[lon C.Y. [nor r[ed Emh an4 ten[ C. Ptr a A[fon of Subc rode S.F. A. C. (honc 1300 tone ) TON A.r.. (900 m ISOO [ n TOY r.) TIN Patch A.C. tteOthl 3. F. 1" Thtck A.C. n1-1.x S. F. e t \. Ad,ee[ S r t C.O. [r Glade E.4. Adwa[ ',ta[ 1a1—r to GraJ.1 I i0, =. l.\. S vre[ C'-nc EA. S--1 Treea _. \. u tt R .O.D 11 15.uu Outlet structure N =4' ta. Sawcut Jr. 00 Ea. CONSTRUCTION COST 44523.00 COSTISCENCY COSTS 411;7 in TOTAL. CONSTRUCTION COSTS • 4A975.n0 FAITHFUL PERFORMANCE BOLD (1001) 49000.:0 LABOR ANTI IMTERIAL BOND (501) 24500.00 ENOINF.ERING INSPECTION FEE 2113n no (FEE SCHEDULE) NONITIENTATION BOND (GSM) 1.55000 91 IMPROVEMENT SECURITY INSTRUMENT for THIS AGREEMENT, made and entered into this 25th day of October 19 94, by and between lh,no Valler Bank hereinafter referr�oas "Len !r`, and Terrance lane hereinafter referred to as "Borrower', an N Y NAN N UCAMONGA, CALIFORNIA, hereinafter referred to as "City ", provides as follows: NITNESSETH: WHEREAS, Lender is a financial institution subject to regulation by the state or federal government within the meaning of California Government Code Section 66499(a)(3); and WHEREAS, from the proceeds of a loan from Lender to Borrower, Lender has on deposit for the account of Borrower, the sum of S73,500.00 , two - thirds (213) o which sha constitute an be referred- to as "the performance fund' and the other one -third (1/3) of which shall constitute and be referred to as the - payment fund" and WHEREAS, Borrower has entered into an Aareement, herein- after referred to as "the Agreement ", with the City whereby Borrower, agrees to install and complete certain designated poetic improvements, which said Agreement dated October 19 94 , and identified as referring to Project Tract 115 -- is hereby referred to and made a part hereof. • NON, THEREFORE, in consideration of the City giving final approval to the Project known as Tract 115 -' and authorizing the retardation of any tract or parse mat pertaining thereto, Lender and Borrower agrees: I. The performance fund is security pledged to the City to 1n s re that Borrower, its heirs, successors, executors and administrators, shall in all things stand to and abide by, and will and truly keep and perfore, the covenants, conditions and provisons of the Agreement and any alteration thereof made as therein provided, on Borrower's part to be kept and performed atthe time and in the manner therein specified and in all respects according to its true and lawful meaning, and to insure that Borrower, its heirs, successors, executors and administrators, shall indemnify and Save harmless City, its officers, agents and employees as stipulated in the Agreement. 2. Lender shall disburse the performance fund to the City in such amounts as the City demands, promptly upon receipt Of written demands signed by the City Engineer of the City, and specifying therein that Borrower is in default under the Agree- ment or this Agreement. 3. In the event City commences legal action to recover all or any portion of the performance fund, then the City shall be entitled to recover, in addition to the amount of the perfor_ .ante fund, costs and reasonable expenses and fees, including reasonable attorney's fees, 4. Lender and Borrower agree that the payment fund is security pleged for the payment of all contractors, Subcontractors, laborers, materialmen and other persons employed in the performance of the Agreement and who are referred to in Title 15 (commencing with Section 3082) of Part 4 Of Division 3 • of the C'vil, Code of the State of California for materials furnished or tabor performed of any kind, or amounts due under the Unemployment Insurance Act with respect to such work or labor, and that Lender will pay the same in an amount not exceed - Ing the payment fund, and in case suit is brought will pay, in /zft /0Q addition to the payment fund, costs and reasonable expenses and Pees, including attorney's fees. 5. This Agreement and the payment fund shall insure to the benefit of any and all Persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give A right of action to them or their assigns in any suit brought upon this Agreement or against the payment fund. 6. No change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect this Agreement or Lender and Borrower's obiiga• Lions hereunder, and they do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specification. This Agreement shall become effective upon acceptance by the City and shall remain in full force and effect until such time as the City shall release the performance fund and payment fund as hereinafter provided. IN NITNESS kHEREOF. Lender and Borrower have executed this Agreement on the day and year first above written. LENDER: chino Valley Bank by: Charles Hall BORRONER: Terrance A. Lane Name Y ice ProiIr • �i CTS — by: Terrance 1. Lane Name The City of Rancho Cucamonga, California, hereby accepts the foregoing Improvement Security Instrument and agrees: 1. Upon final completion and acceptance of the required work, and the performance of all acts specified in the Agreement, City will release any part of the performance fund not claimed by the City in accordance with the above provisions, not needed as security deemed necessary by the City for any guarantee or warranty period or not needed as security for costs and reasonable expenses and fees of the City, Including reasonable attorney's fees. 2. Six (6) months after the completion and acceptance of the required work, City will release the payment fund except such part thereof as equals the total of all claims on which an action has been filed and notice thereof given In writing to the City Council of the City. CITY Of RANCHO CUCAMONGA, a municipal corporation by: Mayor ATTEST: • RESOLUTION NO. JV— -27r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 11577 WHEREAS, the Tentative Map of Tract No. 11577 consisting of 7 lots, submitted by Terrance A. Lane, Subdivider, located on the west side of Turner Avenue at Ironwood Street has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is • 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; and 3. That the offers for dedication and the Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 7th day of November 1984. AYES: NOES: ABSENT: ATTEST: . Beverly A. Authe et, City Clerk ' Jon D. Mike s, layor & Y • • r TMv n V n e Xrnnn nrrn a 9JnXTl e STAFF REPORT�� i 197 f GATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Dave Blevins, Senior Public Works Inspector SUBJECT: Acceptance of Off -Site Improvements for Tract No. 9321 and authorization to file the Notice of Completion The off -site improvements for Tract No. 9321 have been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, direct the City Engineer to file a Notice of Completion with the County Recorder and release the Faithful Performance Bond for $7,700.00. NECOWNDATION It is recommended that Council accept as complete the off -site improvements for Tract No. 9321 and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release the Faithful Performance Bond for 57,700.00. RRess/9�eectfull submi.rted Attachments /03 rI ECOROING REQUESTED BY CITY OF RANCHO CUCAMONGA P. 0. Be, 807 Rancho Cucamonga, California 91730 WEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN TWAT: 1. The undersigned is an owner of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: TRACT NO. 9321 2. The full name and address of the undersigned owner is: CITY OF RANCHO CUCAHONGA, 9320 -C Base Line Road, P. 0. Boa 807, Rancho Cucamonga, • California 91730. 3. On the 7th day of November, 1984, there was completed an the hereinafter described real property the work of improvement set forth in the contract documents for: F, I L TRACT NO. 9321 4. The name of the original contractor for the work of improvement as a whole was: C/L BUILDERS S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: HIGHLAND, CAROL, PERIDOT, AQUAMARINE AVENUES AND ALTA LOMA DRIVE HEST OF SAPPHIRE Gov CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd B. Hubbf, ity ngineer -- RESOLUTION NO. 4k -07-OW 01 -41` A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 30. 9321 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for Tract No. 9321 have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: NOES: ABSENT: • ATTEST: Beverly A. Authelet, City Clerk jaa Jon D. Mikels, Mayor /et 0 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: City Council and City Manager V • 1977 FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineer Technician SUBJECT: Reduction of Faithful Performance Security for Tract No. 12332 -1 located on the east side of Haven Avenue at the North City Limits submitted by Laband. Mr. Laband, developer of Tract No. 12332 -1, has requested a reduction of the Faithful Performance Security for the above described project. Off -site improvements have been substantially completed. Items remaining to be completed are a small amount of equestrian fence, decorative entrance pavement, minor landscaping and clean -up. RECOMMENDATION It is recommended that the Security be reduced by 5540,117.00 holding $360,000.00 to guarantee remaining improvements and Labor and Material Security. Respectfully submitted, LBH:BK:ko Attachments 106 Associated Engineers CONSULTING CIVIL ENGINEERS 716 EAST 'E' STREET • ONTARIO, CALIFORNIA 91781 • 17141 988.581• MAILING ADDRESS: P.O. BOX 9119, ONTARIO, CA 91761 October 12, 1984 City of Rancho Cucamonga 9161 Base Line Rd. Rancho Cucamonga, CA 91730 Attn: Ms. Barbara Krall Subject: Reduction of Bonds 6 Securities for Tract Haven View Estates Gentlemen: Mr. Walter H. Laband would like to request a reduction in the amount of bonding and /or securities held by you for the improvements to the • subject tract. As of this date, approximately 901 of all improvements including land- scaping have been constructed and approved by City Inspectors. The only items not yet completed are: [1 1. A small amount of equestrian fence. 2. The decorative entrance pavement. 3. A minor amount of landscaping and irrigation. If you could contact me regarding this, I'm sure that an equitable arrangement can be made. All improvements should be completed in approxi- mately three weeks. Very truly yours, ASSOCIATED ENGINEERS Philip M. Douglas 82 -66A cc: Walter Laband PND: ljn LJ • STAFF REPORT v DATE: November 7, 1964 TO: City Council add City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Bond Release C.U.P. 82 -01 - located on the North side of 4th St. East of Etiwanda DEVELOPER: Etiwanda Investment Co. 4209 Santa Monica Blvd. Los Angeles, California Maintenance Bond (Road) $25,000 The one year maintenance period has been completed and it is recommended that the City Council authorize release of the Mainteance Bond for C.U.P. 82 -01. C.U.P. 83 -04 - located on Sapphire North of Orange Street DEVELOPER: Cogun Industries, Inc. 1930 N. Glenoaks Blvd., Suite 8 Glendale, California 91201 Labor and Materials Bond (Road) $24,500 The developer has supplied the City with copies of paid invoices and labor and material releases for all road improvements for the above referenced project and it is recommended that City Council authorize the release of the Labor and Material Bond in the amount of $24,500. Res ectfully submitted, Lloyd B. Hubbs City Engineer /O: E u CM OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: John L. Martin, Assistant Civil Engineer � �vSCnMO� Z } 1971 SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for street improvements for 12972 Victoria submitted by Robert Smith and Terry Ludwig. The attached resolution is submitted for the approval of a Lien Agreement from Robert E. Smith and Terry Ludwig of 12972 Victoria Street. The lien is for the postponement of street improvements along Victoria due to drainage considerations and design constraints. This same situation existed at 12982 Victoria Street on which a similar lien was granted by City Council. Until such time as there is a sufficient number of the property owners required to install the street improvements, this type of document will be necessary to avoid the drainage and design problems. RECON ENDATION It is recommended that City Council adopt the attached resolution approving the Lien Agreement to postpone the improvement of Victoria Street. Respectfully svubmitted LBH: �:ko Attachments lot Li enAgnt RECORDING REOOESTED BY: and NMEN RECORDED MAIL TO: CITY CLERK CITY OF RANCHO CUCAMONGA P. 0. Box 807 RANCHO CUCAMONGA, CALIFORNIA 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this day of 1 19 by and between ROBERT E. SMITH AND TERRY LUDWIG (hereinafter referred to as "Developer "), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City "), provides as follows: WHEREAS, as a general condition precedent to the • issuance of a building permit for 12972 Victoria Street development the City requires the construction of missing off - site street improvements including Curb, Gutter, Drive Aooroach, Street Trees and a Street Light adjacent to the property to be developed; and WHEREAS, the Developer desires to postpone construction of such improvements until a later date, as determined by the City; and WHEREAS, the City is agreeable to such postponement provided that the Developer enters into this Agreement requiring the Developer to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may construct said improvements if the Developer fails or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's performance, and any repayment due City. Single Family Residence I 0 NOW, THEREFORE, THE PARTIES AGREE: 1. The Developer hereby agrees that they will install Off -site street improvements including Curb. Gutter, Drive Approach Stree Trees and a Street Light _ in accordance and compliance with all apoliCable ordinances resolut.ons, rules and regulations of the City in effect at the time of the installation. Said improvements Shall be installed upon ana along Victoria Street , not to exceed the centerline of said street or beyond the frontage of the subject property except as required to provide for adequate drainage and traffic transition per City Standards. 2. The installation of said improvements Shia 11 be completed no later than one (1) year following written notice to the level oper from the City to commence Installation of the • same. installation of said improvements shall be at no expense to the City. 3. In the event the Developer shall fail or refuse to complete the installation of said Improvements in a timely manner, City may at any time thereafter, upon giving the Developer written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements And recover all costs of completion Incurred by the City from the Developer, 4. To secure the performance by the Developer of the terms and conditions of this Agreement and to Secure the repayment to City of any funds which may be expended by City in completing said Improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, in trust, the following describe0 • real property situated In the City of Rancho Cucamonga, County of San Bernardino, State of California, to- wit:Parcel No. One,Parcel Mao No. 5893 Per Parcel Map Book 58 Page 11 Of the County Recorders records /// 2 5. This conveyance is in t v st .,r the puraoses described above. 6. Flaw, therefore, „ the �evei aper siia II faitlful :y perform all of the acts ana things to a Jane unaer iris Agraement, then this conveyance sha te I0'id, )thew lse, it shall r¢,a in in full force and effect a. ^.a .,, - esJect& ;,. be :o^S.1a_'.'d and treated as a "Jrtgage on t,_ -eal prJ]eftJ :n] ode ^ s ana c. '..gatipns of tie parties rigs - esaect thereto sna:: .. ;aver -.eo , the ar av is i>ss of the :..,i SDCe r.' .n_ State of :a'ifDrn ia, and any ,tiar :poiscaole statd)e, oa- tain•,vg to zar ^,gages on -eel praperty. 7. This Agreement shall pe binding ;Dan and shall inure to the benefit of the he ins, executors, administrators, • successors and assigns of each of the parties nereto. a. To the extent reauir ed to give effect of this Agreement as a mortgage, the term "veveloper" shall be "mart gagor" and the City shall be the "mortgagee" as those terms are used in the the Civil Code of the State of California and any other statute pertaining to mortages on real property. 9. if legal action is commenced to enforce any of the provisions of this Agreement, to recover any sum which the City Is entitled to recover from the Developer hereunder or to foreclose the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys fees as shall be awarded by the Court. // % 3 0 IN NI TIE SS WHEREOF, the parties hereto have executed this Agreement an the day and year first above nr- ntten. CITY DEVELOPER CITY OF RANCHO CUCAMONGA, CAL:FOR9in, a municipal By: T„ an O. Mlae s —` .� leyor .e er'y n. Authe et .(., Clerk ........................»...... .......................... ».... STATE OF CALIFORNIA 1 ) as COUNTY OF SAN BERNARDINO) on ,19_,before me the inaersrgneo Notary Public, persona / appeared JON D M KEL . personally known to me to be the Mayor of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to he the person who executed the within instrument on behalf of said municipal corporation, and acxnoaledged to me that such municipal corporation executed it. WITNESS MY NAND AND OFF:C;iL SEAL Notary Signature STATE OF CALIFORNIA ) ) ss COUNTY OF SAN BERNARDINO) On gqgqtf the //C''' day, of /c I ;'1 A� before P me, -LL]!/ L' yko a t/1e unders ijurnea ol,ary Pool is pert na so y appeared i (�( persona y nown o me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I,, subscribed to the within instrument and acknowleged that executed it, WITNESS MY NAND AND OFFICIAL SEAL OF'—AL no[ar nature Yr [.mn. rvPm Nd if. lift • NOTE: WHEN DOCUMENT IS EXECUTED BY A CORPORATION OR PARTNERSHIP, THE ABOVE ACKNOWLEDGEMENT Is NOT ACCEPTABLE. A CORPORATION /PARI'WW T"ETIM EDGEMENT IS REQUIRED. a F.aOu" //1 • RESOLUTION NO.- f4+w&' M IY-477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ROBERT SMITH & TERRY LUDWIG AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME WHEREAS, the City Council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of public improvements in conjunction with building permit issuance; and WHEREAS, installation of curb, gutter, sidewalk and pavement established as prerequisite to issuance of building permit for 12972 Victoria has been met by entry into a Real Property Improvement Contract and Lien Agreement by Robert Smith & Terry Ludwig. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County PASSED, APPROVED, and ADOPTED this 7th day of November 1984. • AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk • Jon D. Mikels, Mayor icy • • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Slane W. Frandsen, Senior Civil Engineer .p�`�uOtic Np SUBJECT: Approval of Extra Design Workings to provide Right -of -Way Engineering for the Widening and Realignment of Hermosa Avenue at the Alta Loma Basins. Work to be provided by Associated Engineers. Additional right -of -way engineering is required to complete survey calculation, deed and parcel descriptions and deed documents for title transfer and grant of easements from the Metropolitan Water District and the San Bernardino County Flood Control District to complete proposed street widenings on Hermosa Avenue at or adjacent to the Alta Loma Flood Control Basins. The extra workings will increase the contract by $1,300.50 to bring the total contract amount to $18,300.50. RECOMENDATION Staff recommends that the extra workings be provided by Associated Engineers for the amount of 51,300.50. LBHGQ ko Attachments I/s CITY OF RANCHO CUCAMONGA ENGINEERING SERVICES CONTRACT CHANGE ORDER PTRACT FOR Order No.: 213 — HERMOSA AVENUE WIDENING Date: Oct. 16, 1984 TO: ASSOCIATED ENGINEERS /136 East "E" Street, Ontario, California 91761 You are hereby requested to comply with the following changes from the agreement for engineering services. DESCRIPTION OF CHANGES DECREASE INCREASE in Contract Price In Contract Price Right -of -way legal description and survey calculations $1,300.50 TOTAL. $1,300.50 USTIFI A ION Right -of -way descriptions required for land acquisitions needed to complete the proposed roadway improvements. The amount of the Contract will be (Bddi"ddddd) (Increased) by the sum of: Thirteen Hundred and 50/ 100----------------------------- - - - - -- Dollars ($1.300.50 �— The Contract Total including this and previous Change Orders will be: Eighteen Thousand, Three Hundred and 501100 Dollars ($18,30 . The Contract period provided for completion will be (Increased)(004t04d0d) (0040AAddd) Fourteen (14) Days This document will become a supplement to the Contract and all provisions will apply hereto. Requested: �� /l�' !1 ,1i ('� /� 2-2—� L10 .Fy b s, tlywng neef r a) e I Accepted: � 1 r.��- '' Engineer ate t Opproved: Mayor, City of ancho ucamonga Date This information will used as record of any changes to the original eng near ng agreement dated: //6 0 • OTT AV D A ATAVA ATTA A A.TAT.TAA STAFF REPORT DATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Blane N. Frandsen, Senior Civil Engineer 1977 SUBJECT: Approve Extra Design Workings for the Archibald FAU Project to provide for Parkway Flood Protection South of Feron Street As a result of hydraulic reviews pertaining to the proposed street resurfacing for Archibald Avenue, an aggravation of the localized flooding experienced along Archibald Avenue south of Feron is to be anticipated. Flood depths are estimated to increase by an estimated .3' of a foot within the street right - of -way during a 100 -year storm by virtue of the resurfacing overlays for the streets. Four alternative solutions are proposed for consideration. 1. To complete the proposed Master Plan Storm Drain installations. To eliminate the flooding problem. Results: Fund resources unavailable at this time. 2. Completely remove and replace the street pavements. This would leave a no worse no better situation. Results: Added contract expend Lures or street resurfacings. 3. Take action to protect the unprotected properties from potential flooding by construction of parkway storm barrier improvements consistant with City standard plans for parkway improvements. Add additional protection to existing unprotected areas and mitigate impact of street resurfacing. Results: Added contract expenditure for street resurfacings. 4. Abandon street repairs south of Feron. Results: Street continues to deteriorate with more costly repairs later on. Existing property remain unprotected. Alternative No. 3 is recommended as being the least expensive alternative to allow for the street resurfacings to be completed and improve the existing condition for potential flooding. &ITY COUNCIL STAFF REPORT pprove Extra Design Workings for the Archibald FAU Project November 7, 1984 Page 2 11 RECOPKNDKTION Pursue Alternative 3. by 1) adding curbing behind the existing sidewalks where missing, 2) berm the unimproved areas, 3) provide limited sidewalks with curbings behind walks where needed and 4) ramp driveways which haven't been ramped already adding deflector curbings. Many of the existing properties already exhibit such improvements. The initial work item will be to extend the field survey and design workings to accommodate the desired improvements. Two extra work orders from C. G. Engineering are presented for approval. R pe tfully s UAitt d, G / LBO: :ko Attachements 0 i its K Planning and Engineering C G ENGINEERING (BANGS ORDER E I Client Name: City of Rancho Cucamonga Project Name: Archibald Avenue CC Engineering File Number. RCUC -014 A change in the snipe of work for the project known as Archibald Ave. Reconstruction 5 Overlay; 4th St. to Baseline requires the client to authorize C G Engineering to perform the following items of work: Survey parkway areas from curb to 10' beyond R/W line on Archibald from 4th St. to Feron Blvd. 2) Plot all topo in these waters. Cneck all driveways for maintenance of access. 4) Cal. of two work. The foregoing will be performed on a time and materials /ice basis with an estimated fee /f ner##ee of S 5300.00 The attached hourly billing rates shall be used for time and materials billing basis. Payment for Professional Services rendered shall be due upon presentation of invoice. Except as otherwise provided by written agreement, a charge of one per cent: (10 per month will be added after 30 days from invoice date. The client, hereby designated by the signature below agrees to pay all costs of collection when incurred including but not limited to reasonable attorney's fees. Authorized By: Authorized Signatures Date Title$ C G ENGINEERING By:_. C�44� 8/29/84 David J. Barakian Date 1000 -001 CONTOD(17) 4827 S. WATERMAN AVE., SUITE E • RAN BERNARDINO, CALIFORNIA 92408.17141 8242420 / /'1 CG ENGINEERING Planning and Engineering PREVAILING BODRLY RATES July 1, 1984 - June 30, 1985 OFFICE Principal Engineer 580.00 /Hr. Project Manager 60.00 /Hr. Project Engineer 55.00/Hr. Landscape Architect 55.00 /Hr. Real Property Specialist 55.00 /11r. Principal Planner 54.00 /Hr. Senior Designer 46.00 /Hr. Designer - Draftsman 42.00 /Hr. Planner 36.00 /Hr. Senior Draftsman 34.00 /Hr. Draftsman 30.00 /Hr. Computer Operator 30.00 /Hr. Engineer Aide 30.00 /Hr. Administrative Assistant 30.00 /Hr. Clerical 18.00 /Hr. FIELD Resident Engineer (Professional) 60.00 /Hr. Inspector (Unlicensed) 42.00/Hr. Field Survey Supervisor (Licensed, 52.00 /Hr. 2 Man Survey Party 108.00 /Hr. 3 Man Survey Party 138.00/Hr. Electronic Measuring Device 70.00 /Day MISCELLANEOUS SERVICES AND SIPESSES Mileage 0.225/Mi. Prints, Copying, Reproduction and Miscellaneous Materials cost + 108 Outside Consultant Services Cost + 10% Equipment Rental Per Celtrans Publications OGFY85 2627S. WATERMAN AVE., SUITE E • SAN BERNARDINO, CALIFORNIA 92408 .17141 824.2420 AA 0 0 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 . TO: City Council and City Manager �4A�r mn FROM: Lloyd B. Hubbs, City Engineer BY: Blane N. Frandsen, Senior Civil Engineer SUBJECT: Acceptance of the Environmental Initial Study Parts I and II for the Reconstruction of Base Line Road from Teakway to Haven Avenue and approval to file a Negative Declaration for said project. Pursuant to the California Environmental quality Act, the accompanying Initial Study Parts I and II has been completed. The subject project is one of the 1984 -85 Capital Improvement Projects. RECOMMENDATION It is hereby recommended that the Initial Study Parts I and II be accepted and that a Negative Declaration be issued and filed with the County Clerk. Attachments IM/ • CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. • PROJECT TITLE: - BaseLine Road Reconstruction rI L APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonaa NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: 9320 Baseline Rnad Rancho Cucamonga. 91730 Attn: Slane Fra ndcen LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) Baseline Road hptwap. Teak Way and Haypn A a LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: None I -1 / ;1 PROJECT DESCRIPTION • DESCRIPTION OF PROJECT: gprnnctrur +;nom ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: N/A DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES) , ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Baseline Road is an existing Street. The existing paying and street improvementsare in various staaes of deterioration_ There are existing street trees and power pales_ Land uspc to the nnrth are attached and detached single family dwellinas and anartmpnts_ To the sou tit Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? NO I -2 /3J • WILL THIS PROJECT: ' • YES NO _ % 1. Create a substantial change in ground contours? _ K 2. Create a substantial change in existing noise or vibration? _ % 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? • I-1 U X 4. Create changes in the existing zoning or general plan designations? X 5. Remove any existing trees? How many? 34 x G. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: These trees interfer with the widening of the street imprnvpmntc and must he removed IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. N/A CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and info=ation required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development Review Committee. QQ i Sy_ Date 10'Z.�i -U Signatuzr' Title City fnoin er I -3 iay RESIDENTIAL CONSTRUCTION The following information should be provided to the City of Rancho Cucamono Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Not Applicable Specific Location of Project: 1. Number of single family units: 2. Number of multiple family units: 3. Date proposed to begin construction: 4. Earliest date of occupancy: Model 8 and i of Tentative 5. Bedrooms Price Range PHASE I PHASE 2 PHASE 3 PHASE 4 TOTS. I -4 . /As. CITY OF RANCHO CUCA- '!ONGA •PART II - INITIAL STUDY ENVIRONMENTAL CHECKLIST DATE: October 17, 1984 APPLICA.N"P: City of Rancho Cucamonga, California FILING DATE: LOG MMER• PROJECT: Baseline Road Reconstruction PROJECT LOCATION: Baseline Road between Teak day and Haven Avenue I. EMRO`DfENTAL IMPACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO I. Soils and Geology. Will the proposal have significant results in: • a. Unstable ground conditions or in changes in geologic relationships? - -_ X b. Disruptions, displacements, compaction or burial of the soil? X C. Change in topography or ground surface contour intervals? X d. The destruction, covering or modification of any unique geologic or physical features? -� K e. Any potential increase in wind or water erosion of sails, affecting either on or off site conditons? f. Changes in erosion siltation, or deposition? g. Exposure of peoDle or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? — JL h. An increase in the rate of extraction and /or use of any mineral resource? • 2. Rydrolo¢y. Will the proposal have significant results in: a. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water tuna ff? c. Alterations to the course or flow of flood waters? d. Change in the amount of surface water in any body of water? e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? g. Change in the quantity of groundvaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? h. The reduction in the amount of water other- wise available for public water supplies? 1. Exposure of people or property to water related hazards such as flooding or seiches? 3. Air Quality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or indirect sources? Stationary sources? b. Deterioration of ambient air quality and /or interference with the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temoerature? 4. Biota Flora. will the proposal have significant results in: a, Change in the characteristics of species, including diversity, distribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? /a 9 YES MYSE ffi0 ` _ X • X X X —_ X X — — -2 X _ X X. X % is — _L YES v.�; .._ NO c. Introduction of new or disruptive species of - plants into an area? i - d. Reduction in the potential for agricultural production? i. Fauna. Will the proposal have significant results in: a. Change :. -he characteristics of species, int -1=1_3 diversity, distribution, or numbers of a-. species of animals? b. Re "coon of the numbers of any unique, rare or endangered species of animals? C. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration or removal of existing fish or wildlife habitat? X 5. Poculation. Will the proposal have significant results in: a. Will the proposal alter the location, distri- bucion, density, diversity, or growth rate of • the human population of an area? X b. Will the proposal affect existing housing, or create a demand for additional housing? X _ 6. Socio- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or commercial diversity, tax race, and property values? X b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? X 7. Land Use and Planning Considerations. Will the proposal have significant results in? a. A substantial altafation of the present or planned land use of an area? X b. A conflict with any designations, objectives, policies, or adopted plans of any governmental entities? C. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? - -� A_ /all M9 YES MAY3E NO 3. Transportation. Will the proposal have significant results in: • a. Generation of substantial additional vehicular movement? X b. Effects on existing streets, or demand for new street construction? X c. Effects on existing parking facilities, or demand for new parking? X d. Substantial impact upon existing transporta- tion systems? X e. Alterations to present patterns of circula- tion or movement of people and /or goods? X f. alterations to or effects on present and potential water- borne, rail, mass transit or air traffic? X g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? _^ X 9. Cultural Resources. Will the proposal have significant results in: a. A disturbance to the integrity of archaeological, • paleontological, and /or historical resources? 10. Health. Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health hazard or potential health hazard? X b. Exposure of people to potential health hazards? X c. A risk of explosion or release of hazardous substances in the event of an accident? X d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? X e. Increase in existing noise levels? X f. Exposure of people to potentially dangerous noise levels? X g. The creation of objectionable o,:ors? X h. An increase in light or glare? X • M9 /JO YES 11. Aesthetics. Will the proposal have significant results in: a. The obstruction or degradaccn of any scenic vista or view? X b. The creation of an aesthetically offensive site? x c. A conflict with the objective of designated or potential scenic corridors? X 12. Utilities and public Services. Will the proposal have a signif icanc need for new systems, or alterations to the following: a. Electric power? X b. Natural or packaged gas? _ X c, Communications systems? % d. 'dater supply? e. Wastewater facilities? % f. Flood control structures? % .S. X Solid waste facilities? h. Fire protection? X i. Police protection? X J. Schools? % 'k. Parks or other recreational facilities? 1. Maintenance of public facilities, including roads and flood control facilities? m, Other governmental services? 17, Energy and Scarce Resources. Will the pr000sal have significant results in: a. Use of substantial or excessive fuel or energy? b. Substantial increase in demand upon existing sources of energy? c. An increase in the demand for development of new sources of energy? - d. An increase or perpetuation of the consumotion of non - renewable forms of energy, when feasible renewable sources of energy are available? /JO Y'S ,Y 3° VO e. Substantial depletion of any nonrene•able or • scarce natural resource? x 14. Wandatory ?iidinss of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? x b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- X term impacts will endure well into the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (Cumulatively considerable • means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, and probable future projects). % d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? II. DISCUSSION OF ElIVIRONNENTAL EVALUATION (i.e., of affirm.cive answers to the above questions plus a discussion of proposed mitigation measures). 1. Mc - Minimum displacement of existing ground surface due to the widening of Baseline Road. 5.b - Additional Right -of -way will be required at four separate properties as part of the ultimate street widening plan. Conflicts between road improvements and existing properties will be mitigated by aquiring additional right -of -way consistant with City masterpaln. 6. b - Project will benefit entire community by the improved traffic flow along Baseline Road. B. b - Street widening will improve traffic safety conditions by reducing traffic conjection and improving sight distances at intersections. 12, ak - Street widening will conflict with existing power poles. Conflict • will be mitigated by installing underground power and relocating power poles as necessary. IN ., III. On :-a basis of this initial evaluation: • X + I find the proposed project COULD `:GT have a significant e_=ect j on the environment, and a ::EGdI: 'c CECL<'$4TIv:: will be ?re ?aced. I It _ I find that although the proposed project could have a sigcificanc effect on the environment, there will not he a significant effect �—� in this case because the mitigation measures described on an attached sheet have been added to the ?roject, d NEGATI':E ➢ECLARLATIOY 'd ILL BE PREPaREJ. iI find the proposed project :M have a significant effect on the envir=enc, and an 7::V idC : ?!E) :T IMPACT REPORT is required. Da-,a . /Sionacure City Engineer Title /326 • • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984_ TO: City Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BY: Richard Cota, Assistant Civil Engineer SUBJECT: Authorization to Advertise for Bids for Electrical Undergrounding of Service Connections in Underground Utility District No. 2 (UUDd2) on Archibald Avenue from Church Street to Base Line Road Plans and contract specifications as prepared by Liss Engineering for the undergrounding of twenty -five (25) existing overhead home service electrical connections, within the above subject underground district, have been completed. These plans and specifications entail the City's participation for the conversion of said services and include the installation of Junction /pull boxes., switch and fuse panels, and meter modifications necessary to complete underground conversions. The use of City Beautification funding shall be the revenue source for this project. The Engineer's Estimate is $15,000.00. The present undergrounding installation by Wager Construction within Archibald Avenue right -of -way is scheduled for completion by mid - November. Underground service lateral installations by the Southern California Edison Company, as well as the subject service connection underground conversions covered by our City's participation can commence soon thereafter. The Engineering Staff, therefore, requests the Council's authorization for bid advertisement of the subject service connection undergrounding. RECOMMENDATION It is recommended that Council grant the City Engineer authorization to bid advertise for electrical undergrounding of service connections in Underground Utility District No. 2 (UUDN2) on Archibald Avenue from Church Street to Base Line Road in conformance with the City's intended participation of said District. jaa 132 0 • O CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 1, 1984 TO: city Council and City Manager FROM: Lloyd B. Hobbs, City Engineer BT: Monte Prescher, Public Works Engineer SUBJECT: Avenue from Base Line R ad Bids stheo Ramona Pacific Electric Railroad The subject project plans and specifications have been completed by Oerbish- Guerra and Associates, reviewed by Staff and approved by the City Engineer. The and project eA.C. the removal a replacement overlay ofthe ntireproje he t. The Engier's street Estimate sections $19,000. The above project has been previously approved for funding utilizing the Gas Tax and systems Development funds. RECOMMENDATION Staff recommends that the City Council authorize the City Clerk to advertise "Notice Inviting Bids' for the Reconstruction of Ramona Avenue from Base Line Gas Tax and Road to the Pacific Systems Development Ed tapproveltheddesign, plans and specifications n ions for the above project. Respectfully submitted, LBHZMP:jaa /$y U CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 1977 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Monte Prescher, Public Works Engineer SUBJECT: Authorization to Invite Bids for the Reconstruction of Lemon Avenue from Hermosa Avenue to Haven Avenue The subject project plans and specifications have been completed by Wilson - Byrant and Associates, reviewed by Staff and approved by the City Engineer. The project consists of the removal and replacement of various failed sections of A.C. pavement, curb 6 gutter, drive approachs and cross gutters and the A.C. overlay of the entire project. The Engineer's Estimate is $113,000. The above project has been previously approved for funding utilizing the Gas Tax and Systems Development funds. REC0MMENDATION Staff recommends that the City Council authorize the City Clerk to advertise "Notice Inviting Bids" for the Reconstruction of Lemon Avenue from Hermosa Avenue to Haven Avenue, approve the funding source, Gas Tax and Systems Development and approve the design, plans and specifications for the above project. Respectfully subm tted, f� LBH:MP':jaa /Sr CITY OF RANCHO CUCAMONGA STAFF REPORT BATE: November 7, 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Michael O. Long, Senior Public Works Inspector SUBJECT: Acceptance of the 4th Street and Archibald Avenue Traffic Signal and Authorization to file the Notice of Completion The 4th Street and Archibald Avenue Traffic Signal Project has been completed to the satisfaction of the City Engineer. It is recommended that the Council approve the acceptance of the project, authorize the final payment and direct the City Engineer to file a Notice of Completion with the County Recorder and release Faithful Performance Bond $68,330.00 and retention $6,944.41. RECOMENDATION It is recommended that Council accept as complete the 4th Street and Archibald Avenue Traffic Signal Improvements and pass the attached resolution authorizing the City Engineer to file the Notice of Completion and release Faithful Performance Bond and retention and authorize final payment. Res ectfully submi ed, ell J LBH:Mkt:jaa Attachments U isc 0 RECORDING- REPIESITO BY: CITY OF RANCHO CUCAMONGA P. 0. Box 807 Rancho Cucamonga, California 91730 WHEN RECORDED MAIL T0: CITY CLERK CITY OF RANCHO CUCAMDNGA P. 0. Box 807 Rancho Cucamonga, California 91730 is i s7 CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd u s, ty ug Mer NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is an Amer of an interest or estate in the hereinafter described real property, the nature of which interest or estate is: NTH STREET AND ARCHIBALD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING (24- 4637 -8023) 2. The full name and address of the undersigned owner is: CITY OF • RANCHO CUCAMONGA, 9320 -C Base Line Road, P. 0. Box 807, Rancho Cucamonga, California 91730. 3. On the 7th day of November, 1984, there was completed on the hereinafter described real property the work of improvement set forth in the contract documents for: 4TH STREET AND ARCHIBALD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING (24- 4637 -8023) 4. The name of the original contractor for the work of improvement as a whole was: GRISSOM AND JOHNSON, INC. S. The real property referred to herein is situated in the City of Rancho Cucamonga, County of San Bernardino, California, and is described as follows: 4TH STREET AND ARCHIBALD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING (24 -4637 -8023) is i s7 CITY OF RANCHO CUCAMONGA, a municipal corporation, Owner Lloyd u s, ty ug Mer RESOLUTION NO. *H-OB -W /y — p'ft A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE PUBLIC IMPROVEMENTS FOR 4TH STREET AND ARCHIBALD AVENUE TRAFFIC SIGNAL AND SAFETY LIGHTING AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the construction of public improvements for 4th Street and Archibald Avenue Traffic Signal and Safety Lighting (24- 4637 -8023) have been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, be it resolved, that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. AYES: • NOES: ABSENT: ATTEST: Beverly A. Authe et, City C jaa • Jon D. Mike s, Mayor /it CITY OF RANCHO CUCAMONGA or MEMORANDUM November 7, 1984 TO: City Council FROM: Mary Kuhn, Administration SUBJECT; Destruction of City Documents Attached for City Council's consideration and approval is a resolution which authorizes destruction of certain city records. RECOMMENDATION: It is recoamended that Council approve the resolution granting authorization to destroy personnel applications • and files which are two years or more old listed in Exhibit A. mk Attachment • 11t • RESOLUTION NO. O11 -2?1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERRMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: PERSONNEL DEPARTMENT WHEREAS, it has been determined that destruction of the above - mentioned materials is necessary to conserve storage space, an reduce staff time, expense, and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Goverment Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and • WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and • WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES RESOLVE AS FOLLOWS: SECTION 1: That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2: That the City Clerk is authorized to allow examination by and donation to the Department of Special Collections of the University Research Library, University of California, or other historical society designated by the City Council, any of the records described in Exhibit "A" attached hereto and made a part hereof, except those deed to be confidential. SECTION 3: That the City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. /yo EXHIBIT ^A" • 1. Account Clerk applications - September, 1980 2. Secretary applications - June, 1981 3. Clerk Typist applications - September, 1981 4. Business License Insp. applications - October, 1981 5. City Planner applications - October, 1981 6. Public Works Insp. applications - April, 1982 7. Lifeguard applications - Hay, 1982 8. Planning Intern applications - July, 1982 9. Budget - 1980 -1981; 205-03 10. Salary /Benefit Proposals 1980; 502 -05 11. Salary /Benefit Surveys 1979 6 1980; 502 -05 12. Educational Financial Arrangement 1979; 507 -01 13. Special Training CETA 1979; 507 -03 • • /y/ 0 • • vaaa yr a.�...w... ...,...�........... .O t,••— _••��' MEMORANDUM } x Date: November i, 1984 ` Q F V Z To: City Council and City manager 1977 From: Bill Holley, Director, Community Services Department Subject; Approval of Agreement with the American Youth Soccer Organization (AYSO) Region 65 A"C -E, for the development of night lighting at Beryl Park Soccer Fields. (Consent Calendar, November 7, 1984) Council earlier in the year approved an evaluation and engineering study for night lighting of soccer fields at Beryl Park. This has been completed. Several factors were reviewed in that study. First was cost. Total construction cost has been estimated to be between $105,000 to $115,000. Second, were the enviromental considerations. That is, how will lighting the facility affect the surrounding residents. There are really two parts to this question. Part one deals with the lights themselves. The most environmentally controllable method (minimizing spillage and ambient glare) is a system which employe high pressure sodium fixtures. (High pressure sodium is like the parking lot lighting at Lions Park Community Center producing an 'orangish cast'). Apart from the environmental considerations, by using these sodium fixtures rather than traditional the metal halide type, less fixtures and poles are required to produce the some degree of illumination. With that reduction of fixtures, a corresponding reduction of energy consumption is recognized, thereby producing lower ongoing operational costs. Traditionalist however fear that playing under the `orange' lights is not as effective as 'white' light play. That fear is unfounded as the value of illumination provided by low pressure sodium is actually superior to that provided by metal halide while also reducing the shadow factors associated with white lights. AYSO has submitted our plans and specifications to two engineers for review (who are famillar.with soccer play field lighting requirements) and have found them to represent a superior system. Part two of the environmental consideration is a by- product of the lighting... that Se, extended hours of play. This produces more activity and consequently a higher sound level than now exist after the hours of sunset. This can be handled most appropriately by limiting hours of play to no later than 9:00 p.m. through scheduling and master overriders on the timers. /yL Pace 2 11/01/84 A third factor in this project was an Agreement (attached for your consideration) between the City and AYSO, laying out the details. AYSO, for example, will contribute $50;000 toward construction for first scheduling rights August 1 through January 31. In addition to construction costs, AYSO will pay SO% of the operating coats during their schedule of use. These details, along with others, are all covered in the attached agreement. This project was initiated by the Council Park Development Committee, King and Dahl, and put into full motion by the earlier Council action authorizing the engineering and feasibility study to proceed. Council Option: 1. Proceed with the attached agreement between the City and AYSO1 and authorize the Community Services Department to proceed with the acquisition of poles and fixtures and the solicitation of construction bids for the project. Not proceed with the project. If Council elects to go with Option 1, poles and fixtures would be ordered now while construction bid solicitation is proceeding to reduce overall costs and shorten the process of getting the facilities into operation 4540 day earlier . than would be the case if the successful contractor order the poles and fixtures. Comment, AYSO is the largest single community group in the City having 2300+ active program participation. It has a long and stable record in our community of providing a wholesome and well structured program open to all youth regardless of individual ability. Staff Recommendation: Option 1 If I can answer any questions, please give either myself or Dick Myer a call. • /y3 Revised 11 -01 -H4 AGREEMENT BETWEEN CITY OF RANCHO CUCAMONGA • AND AMERICAN YOUTH SOCCER ORGANIZATION FOR BERYL PARK THIS AGREEMENT, made and entered the day of , 1994, by and between the City of Rancho Cucamonga, hereinafter referred to as 'CITY ", and the American Youth Soccer Organization, Region 65 A "C•E, hereinafter referred to AS "AYSO'. WHEREAS, the CITY owns and operates Beryl Park for public park and recreation purposes; and WHEREAS, it is in the public interest for public facilities to be put to the fullest possible public use; and WHEREAS, AYSO has indicated a desire to participate in up to fifty percent (50%) or fifty thousand dollars ($50,000), which ever figure is smaller, the coats for installing night lighting and electrical improvements at Beryl Park and fifty percent (50%) of the subsequent electrical operation costa of the night lighting of the two soccer fields at Beryl Park when utilized by AYSO, and, the CITY has found it in the public interest, both economically and practically, to cooperate with AYSO in regards to the development and operation of the aforementioned facilities for public recreational purposes and therefore desires to enter into an agreement with AYSO for those purposes: ROW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. This agreement shall be for an indefinite period of time commencing upon approval by both parties, and terminating, if necessary, as provided in paragraph B. an provided herein. iYy 2. the CITY hereby agrees to permit AYSO the "first -right use" of the two soccer fields at Beryl Park during soccer season, which for the purposes of this agreement shall mean August 1 through January 31, • in accordance with a schedule acceptable to the CITY. Such season schedule shall be submitted to the CITY at least thirty (30) calendar days prior to first seasonal play date. Approval of submitted seasonal schedule shall not be unreasonably withheld by the CITY. 3. CITY shall wake the soccer fields available to AYSO at no charge to AYSO, except that AYSO shall advance the CITY, as a pre - condition of request approval, fifty percent (50%) of the estimated cost of electricity for night lighting, based on requested schedule, and fifty percent (50%) of the pro -rated fixture replacement cost during the periods of scheduled use. Fixtures shall wean consumable itess such as lamp tubes, ballasts, etc., but shall not • include nonconsumable items such as poles, junction boxes, etc. 4. The CITY will operate and maintain the premises at a level consistent with standards to provide a safe and enjoyable experience for park users. 5. In the event that emergency maintenance end /or repairs are required to the soccer fields or lighting fixtures, that is, work necessary to insure the protection of the facility and /or the safety of it's users, the CITY reserves the right to close the area to soccer and other forms of recreational play, until the maintenance and /or repairs are completed. Every effort will be made by the CITY to • coordinate and conduct the routine field maintenance program in such a manner as not to disrupt the approved schedule of AYSO play. iys' • Except as hereinbefore otherwise provided, the CITY shall pay all cost of providing necessary maintenance and repair of equipment for the premises. 6. In consideration for receiving the *first-right use" of the two soccer fields at Beryl Park during soccer season, AYSO agrees to participate in the construction of night lighting and electrical improvements, such as, but not limited to, electrical panels, vaults, etc., at Beryl park in an amount up to fifty percent (50%) of the total project cost to provide these improvements, to a maximum of $50,000. CITY will provide necessary additional funding required to complete the improvements, including all costs for the • design of the proposed improvements. AYSO shall prior to August 10985 submit payment to the CITY in the amount of $50,000 as it's agreed contribution towards construction costs. .0 7. AYSO shall hold the CITY, it's City Council, agents and employees free and harmless from liability for loss, damage or injury to persons or property, including CITY property, (including costs of suit and expenses for legal services) arising out of and attributable to AYSO'S use of the premises and occurring during the periods that the AYSO has use of said premises. AYSO shall provide evidence of liability insurance naming the CITY as an additional insured with a minimum coverage of $300,000. /Vdp S. This agreement my be terminated at any time for cause, which shall • be defined as non - compliance with the terse of this agreement, by either party upon thirty (30) days written notice to the other party. Within the thirty (30) day notice period A mutually acceptable remedy to the non - compliance may be reached and thereupon, both parties shall sign an understanding that the agreement termination proceedings are terminated. Financial obligations incurred prior to termination proceedings of this agreement by either party shall survive the termination of this agreement. 9. This agreement may be Amended from time to time by the mutual written consent of the CITY and AYSO. • IN WITNESS WHEREOF, the parties hereto have, on the day, month and year first show written, caused these presents to be subscribed by their duly authorized officials as provided balm. CITY OF RANCHO CUCAMONGA mayor AMERICAN YOUTH SOCCER ORGANIZATION ATTEST: Beverly A. AUthelet City Clerk APPROM AS TO FORA: My Attornmy 1y7 • E Viii yr ne iv nv uuunlnviNwi G MEMORANDUM Date: November 1, 1984 f,l JIL To: City Council and City Manager 1977 From: Hill Holley, Director, Community Services Department Subject: Agreement between the City and the Etiwanda Historic Society for the restoration of the Chaffey - Garcia House. Earlier this year the Council instructed staff to develop a mutually satisfactory Agreement between the City and the Etiwanda Historic Society for the restoration of the Cbaffey - Garcia House. Attached you will find a proposed Agreement to meet that direction. The Agreement is straight forward and self explanatory and we will not herein repeat it'e content. Not included in this agreement but an important point to be remembered as necessary elements of the project, Se the William Lyon Company', commitment to provide a one acre site, vested in the name of the City, for locating the House, and, Lewis Rouse commitment as owner, of the House, to cause and finance the relocation move. Comment: This agreement was mutually developed by staff and a committee of the Society. From the City's perspective, it is designed to protect our interest (as well as is possible) and place development responsibilities squarely with the Project's proponents. From the Society's perspective, it was developed to insure that they would hews a long ten commitment from the City without danger of having their involvement usurped by a future City action. The attached agreement proposes to meet both perspectivee. Council Options. 1. Authorize the Mayor to execute the attached agreement, with the understanding that the William Lyon Company and Lewis Home, will meet their pledged commitment, to site donation and relocation, respectively; and, authorize staff to proceed with project implementation measures. 2. Reject or modify the attached agreement. Staff Recommendation: Option 1 If I can answer any questions, please feel free to give either myself or Mary Whitney a cell. lV l City of Rancho Cucamonga California • A G R E E M E N T THIS AGREEMENT is entered into in the City of Rancho Cucamonga, State of California between the City of Rancho Cucamonga, hereinafter called CITY, and the Etiwanda Historical Society, a California Public Benefit Corporation, hereinafter called SOCIETY. IT IS HEREBY AGREED AS FOLLOWS; WHEREAS, the CITY wishes to foster and encourage a program of Community supported historic preservation and awareness for the benefit of the City's present and future residents; and WHEREAS, the SOCIETY also shares the City's goal of community historic preservation and has signified a desire and willingness to undertake the restoration and operation of the Chaffey- Garcia House, a designated City of Rancho Cucamonga Historic Landmark; IT IS NOW THEREFORE AGREED AS FOLLOWS: FIRST, The Parties hereto agree to the following definitions: • A. The "PROJECT" shell mean the Chaffey- Garcia House and the site on which it is located. R. The "COUNCIL" shall mean the City Council of the city of Rancho Cucamonga. The Council is the Governing Body of the City. C. The "DIRECTOR" shall mean the Director of Community Services, or his designee, authorized by COUNCIL to represent the CITY in matters pertaining to the Project. The responsibilities of the DIRECTOR shall include but not be limited to the following: 1. Coordinate on behalf of the CITY, all necessary meetinge between the CITY and the SOCIETY. 2. Review and approve (or disapprove), subject to Council review, all restoration plane, working drawings, and specifications submitted by the SOCIETY to the CITY relative to the PROJECT. 3. Provide liaison between the SOCIETY and COUNCIL, Commissions and CITY agencies, as appropriate. SECOND; The Parties hereto agree to the following conditions; ARTICLE I - CITY A. The CITY shall provide an unimproved site for relocation Of the PROJECT thereon. B. Ownership of the PROJECT, improvement made or attached thereto, shall be vested solely and irrevocably in the name of the CITY. /V9 Page 2 Chaffey - Garcia Agreement 10/30/80 C. Improvements to the PROJECT by others, will be deemed asdonations to ,the CITY, or as donations to the SOCIETY if given to the SOCIETY and not reimbursable by the CITY unless contracted for by written CITY agreement executed prior to such improvements. D. Provide assistance to the SOCIETY as appropriate in the view of the CITY. ARTICLE II - SOCIETY A. The SOCIETY shall prepare, or have prepared, plans and /or working drawings and /or specifications, to a level as may be required by the CITY for any and all work connected with the PROTECT, when, in the view of the CITY, such are warranted in the public interest. Plans, working drawings and specifications, when required by the CITY, will be submitted, reviewed, and approved (or disapproved) prior to the commencement of any depicted work. Plana and specifications will be property of the CITY after the PROJECT has been completed for purposes of record and reference. B. The SOCIETY shall be responsible for the development and proper • maintenance of the PROJECT at all times during the term of this agreement. C. The SOCIETY shall use the project for historical museum purposes, such as displaying of historical artifacts, memorabilia, end the provision of tours and lectures as the SOCIETY shall does appropriate. Other uses, such as bazaars, weddings, private functions and commercial activities shall be subject to the policy guidelines of the CITY regarding use of CITY facilities. D. The CITY Shall have no obligation to the SOCIETY for funding of project improvements or maintenance and operational costs connected thereto. E. The SOCIETY acknowledges the title to and jurisdiction of the PROJECT to be vested with the CITY. ARTICLE III - TERM A. The term of this agreement will he for twenty (20) years, commencing upon the first day of the month succeeding approval thereof by the COUNCIL. B. The terms of this agreement shall be renewable by the SOCIETY • for an additional twenty (20) year period at the conclusion of this term. /.TO 9 Page 3 Chaffey- Garcia Agreement 10/30/84 ARTICLE TV - ACCOUNTING RECORDS A. The SOCIETY shall maintain a method of accounting, open to inspection by the CITY, which shall to the satisfaction of the CITY correctly and accurately reflect the gross receipts and disbursement of the SOCIETY in connection with the PROJECT. B. Income and fees derived by the SOCIETY from the use of the PROJECT shall be used for historic restoration and development purposes, in connection with the PROJECT, and, the maintenance and operation of the PROJECT. Any income in excess of the foregoing will he committed to activities of the SOCIETY in connection with furthering the historic preservation efforts within the community of Etiwanda. ARTICLE V - GENERAL IOENTIPICATION A. The SOCIETY agrees to indemnify, defend and hold harmless the CITY, it's agents, officers and employee from and against any and all liability of any nature whatsoever, including but not limited to, illness, bodily injury, death, or any claim connected with, either directly or indirectly, the PROJECT during the term of this agreement. B. The SOCIETY shall reimburse to the CITY the cost of an Insurance rider on the CITY insurance policy of coverage for insuring the PROJECT in a manner as described in "A" above, if feasible. If not feasible, the SOCIETY shall maintain at We own expense a general liability policy, secured through a carrier acceptable to the CITY, in the minimum amount of $300,000, and will name the CITY as additionally insured. ARTICLE VI - NISCELLANEOUS A. It is understood that SOCIETY restoration of the PROJECT is subject to the availability of funds, and therefore the PROJECT may be divided into phases at the discretion of the SOCIETY. B. This document may be modified only by further written agreement between the parties hereto, and such agreement shall not be. effective until executed by both the SOCIETY and the CITY. /$i Page 4 • eheffey- Garcia Agreement 10/30/84 IN WITNESS THEREFORE, The CITY and the SOCIETY have caused that this agreement to be executed on the day of , 19 CITY Of RANCHO CUCAMONGA ETINANDA HISTORICAL SOCIETY Jon D. Mikela, Mayor President Beverly Authelet, City Clerk Secretary Date Date • • /t L r1 LJ 0 CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: Mayor and Members of of the City Council FROM: Rick Gomez, City Planner BY: Linda D. Daniels, Associate Planner SUBJECT: APPEAL OF ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 12726 - -M NY - resident is subdivision of lots on 4.fF acres in the "LM" Development District located west of Beryl Avenue and south of Hamilton Street - APN 202- 032 -22 and 25. * 33 lots were originally proposed, but one Tot was eliminated through Planning Commission action. I. BACKGROUND: On September 20, 1984, Mr. William Blanchard, an adjacent property owner, filed an appeal of the Planning Commission's approval of Tentative Tract 12726. In Mr. Blanchard's letter of appeal, he cites five areas of concern: 1. Transition of density, lot size; 2. Traffic flow, parking, pedestrian safety; 3. Lack of open space; 4. "No man's land" between Opal lots and tract 5. Two 2 -story homes looking into our backyards. On September 12, 1984, the members of the Commission discussed the concerns of the residents and identified that the proposed tract was a remnant parcel with limited flexibility in design. On the issue of transition of density between the tract to the west, the Commission felt that the project met the intent of the Development Code and that this development was appropriate for the area. In addition, the Commission identified that the two single family projects were back to back and the proposed lower grade difference was also a positive aspect in reviewing the appropriateness of the project. In order to foster greater transition and increase the lot sizes, the Commission opted to eliminate one lot along the west tract boundary. 1rs n L On September 12, 1984, the Commission also discussed the concern which dealt with whether or not Avalon Street should be a means of permanent or emergency access. During this review several alternatives were discussed, such as providing a connection from this tract to a future tract to the south. Another alternative also discussed was the possibility of a future connection leading from the overall site from Mignonette Street to Hamilton Street to the north. After reviewing these alternatives the Commission determined that a permanent means of access was necessary and that the most logical and beneficial choice was to connect with Avalon Street to the west. The Commission preferred this option since two points of ingress and egress, at opposite ends of the overall development, were provided and also that this connection lead to a major circulation route, Carnelian Avenue. The Planning Commission did recognize that this connection would facilitate the need for a two -way stop at opal and Avalon Streets and future signalization at Carnelian and Avalon. In order to resolve the above concerns the City is aware of several meetings between the developer and Mr. Blanchard. Both the developer and the appellant have attached information to this staff report for the City Council's consideration. II. RECDMMEWATIDM: The Planning Commission recommends approval of • entatT ive Tract 12726 based upon the findings and facts contained within Resolution No. 84 -97 approved on September 12, 1984. Re7pectfuI ubmitted, N1 It Aic `City Planner IRG:LD:jr Attachments: Appeal Letter Planning Commission Staff Report - September 12, 1984 Planning Commission Resolution of Approval Planning Commission Minutes - September 12, 1984 Design Review Committee Action Agenda - August 16, 1984 'Exhibit "A" - Location Map Exhibit "B" - Tentative Tract Map Exhibit "C" - Detailed Site Plan • /rV E September 20, 1984 Rancho Cucamonga City Council 9320 Baseline Road, Suite C Rancho Cucamonga, CA 91701 Dear Council Members: Attached is a letter I presented to the Rancho Cucamonga Planning Commission on Wednesday, September 12, 1984 stating several concerns about tentative tract 12726 (and 12717). 1 verbally proposed mitigations for these concerns. Since the Planning Commission did not, in my opinion, satisfactorily address these concerns, I so appealing their approval of the tentative cract(s) in regard to the following areas: 1. Transition of density, lot size. 2. Traffic flow /parking /pedestrian safety. 3. Lack of open space. • 4, "No man's land" between Opal lots and tract, S. 2 2-story homes looking into our back yards. Please note chat I am not protesting the project, but I am requesting satifacco ry solutions to the problem areas listed above. Sincerely yours, it William 8. Blanchar 8890 Avalon P.O. Box 968 Alta Loma, CA 91701 (714) 987 -4471 U irr CITY OF RANCHO CUCAMONGA `STAFF REPORT' a U GATE: September 12, 1984 1977 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Linda D. Daniels, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP 12726 - M NY - res entia su division or lots on approximately 4.28 acres of land in the Low Medium Development District (4 -8 du /ac) located west of Beryl Avenue and south of Hamilton Street - APN 202- 032 -22 and 25. Related Files: Tract 12414 and Tentative Tract 12727 I. PROJECT AND SITE DESCRIPTION: • A. Action Re uested: Approval of a subdivision, site plan and bu ding elevations B. Purpose: Development of 33 single family residential homes C. Location: West of Beryl Avenue and south of Hamilton Street D. Parcel Size: 4.28 acres E. Existing Zoning: Low Medium Residential (4 -8 du /ac) F. Existing Land Use: Vacant G. Surroundin Land Use and Zonin : North - ing a amily residences, Low Residential (2 -4 du /ac South - Vacant, egg ranch, Low Medium Residential (4 -8 du/ ac East - Single family development under construction, Low Medium (4 -8 du /ac) West - Single family residences, Low Residential (2 -4 du /ac) H. General Plan Desi nations: ro ect to - ow Medium Residential (4 -8 du /ac) North Low Residential (2 -4 du /ac) South - Low Medium Residential (4 -8 du /ac) East - Low Medium Residential (4 -8 du /ac) • West Low Residential (2 -4 du /ac) ( .r(m ITEM L PLANNING comMISSIr STAFF REPORT Tentative Tract 1� _6 - A -M Company September 12, 1984 Page 2 E Site Characteristics: The existing 4 -acre site is predominantly vacant, with the exception of an existing home and ancillary shed buildings which are proposed to be removed with this development. II. ANALYSIS: A. General: This project is an extension of the approved Tract 4 t at is currently under construction to the east of this proposed tentative tract map. The proposed units are identical to those currently under construction. The subject map is also related to Tentative Tract 12727, also being reviewed at this evening's meeting. The circulation system of this tract will tie into the proposed streets of Mignonette and Avalon of Tract 12414. The proposed tract map identifies 33 residential lots on approximately 4.28 acres which equates to a density of 7.7 dwelling units to the acre. This is consistent with the proposed tract map to the east which is approximately at 7.6 dwelling units to the acre. Although this tract is a separate proposal from the already approved Tract 12414, the two could be considered as one • development due to the integration of open space and the private street system. The applicant has opted to provide larger open space areas in more centralized locations rather than smaller passive areas throughout the 18 acre site (TT 12726, TT12727, and Tract 12414). While this map itself does not have any common open space, there are recreational areas in proximity to the tract that provide some form of credit to the open space that is required. An analysis of the open space is as follows: Overall Development (Tract 12414, TT 12726, TT 12727) 18.46 acres 1.55 acres 8.4% It was 'pointed out by staff that the project was being reviewed during a transition of reviewing the Low - Medium residential development standards. Currently, the Code requires that a minimum of 5% of the net area be provided in common recreational amenities. There is a proposed change to increase • this to 10% of the total net site area. At the present time a iro Open Space Tract Number Acreage Provided % of Tract racT ti2aT� 11.58 acres rimes i%U_ Tent. Tract 12726 4.28 acres 0 0 Tent. Tract 12727 2.6 acres .30 acres 11.54% Overall Development (Tract 12414, TT 12726, TT 12727) 18.46 acres 1.55 acres 8.4% It was 'pointed out by staff that the project was being reviewed during a transition of reviewing the Low - Medium residential development standards. Currently, the Code requires that a minimum of 5% of the net area be provided in common recreational amenities. There is a proposed change to increase • this to 10% of the total net site area. At the present time a iro is PLANNING COMMISSIr STAFF REPORT Tentative Tract 1.. _6 - A -M Company September 12, 1984 Page 3 total of 8.4% common open space is being provided by the three tracts. This was felt by the Committees to be acceptable due to the usable size of the areas and the easily accessible locations. B. Desi n Review Commit tee: The Committee discussed with the app icant the possibi ity of improving Avalon Street from the proposed tract to the existing Avalon Street on the west project boundary. The Committee felt that this was a viable alternative to the proposed fire lane ingress and egress point in that it would provide two means of primary access to and from the development; one on Beryl Avenue and one to Carnelian Avenue through this Avalon Street connection. In accordance with the Design Review Committee's recommendation to continue Avalon, the applicant has revised the original submittal and now shows Avalon Street connecting to both tract maps. ire The Committee also commented that the same elevations and floor plans for the tract under construction to the east, Tract 12414, should be used in both this tract as well as Tract 12727 to insure compatibility and a comprehensive development in • terms of design. C. Technical Review Committee: The Committee members reviewed a subject tentative tract map proposal and found no major problems. Since this review a revised map was prepared addressing the Design Review Committee's request of connnecting Avalon Street. Although the Technical Review Committee did not have the privilege of reviewing this revised map, the Foothill Fire District was contacted for their opinion on the street connection. They indicated that either a fire lane used for temporary or emergency access purposes, or the proposed private street system connecting to the public street system to the west, would be satisfactory in meeting the Fire Department's access needs. Due to the Technical Review Committee not formally commenting on the revised submittal, it will be necessary for the applicant to make minor modifications and receive Technical Review Committee approval prior to the map's recordation. This is necessary due to staff concern over the ability to meet the required setbacks for the cul -de -sac lots per the Development Code. , D. Environmental Review: Part I of the Initial Study has been completed by the applicant and has been attached for your • review and consideration. Staff has completed Part II of the environmental assessment and has found no significant impacts on the environment as a result of this project. ire PLANNING COM4ISSI' STAFF REPORT Tentative Tract 1�. -6 - A -M Company September 12, 1984 Page 4 • III. FACTS FOR FINDINGS: This project is consistent with the General Plan and Development Code. The project will not be detrimental to adjacent properties or cause significant adverse environmental impacts. In addition, the proposed use, building design and site plan, together with the recommended conditions of approval are in compliance with the applicable provisions of the Development Code and City standards. Iv. CORRESPONDENCE: This item has been advertised in The Daily Report as a pub is hearing and notices were sent to property owners within 300 feet of the project site. To date, no correspondence has been received either for or against this project. RECOMMENDATION: It is recommended that the Planning Commission adopt the attached Resolution approving Tentative Tract 12726 and issue a Negative Declaration for the proposed project. Respectfully submitted, r Rij Gomez City�Planner RG:LD:jr • Attachments: Exhibit "A" - Location Map Exhibit "8" - Subdivision Map Exhibit "C" - Site Plan Exhibit "D" - Landscape Plan Exhibit "E" - Grading Plan Initial Study, Part I Resolution of Approval with Conditions • ir! RESOLUTION NO. 84-97 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRACT MAP NO. 12726 WHEREAS, Tentative Tract Map No. 12726, hereinafter "Map" submitted by A -M Company, applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as a total development and subdivision of 4.28 acres into 33 lots, regularly came before the Planning Commission for public hearing and action on September 12, 1984; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Division's reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Division's reports and has considered other evidence presented at the public hearing. VOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: • SECTION 1: The Planning Commission makes the following findings in regard to Tentative Tract No. 12726 and the Map thereof: (a) The tentative tract is consistent with the General Plan, Oevelopment Code, and specific plans; 0 (b) The design or improvements of the tentative tract is consistent with the General Plan, Development Code, and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not conflict with .any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. 11100 n6 }V 1u1.Iull 1 1U. Page 2 1 (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 12726, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: PLANNING DIVISION I. To insure neighborhood compatibility between this tentative tract map and the existing single family development to the west, one lot shall be eliminated on the west side north of the Avalon Street connection. This area shall be dispersed throughout the remaining lots so that greater lot widths can be achieved. 2. Due to the open space interrelationships, no building permit may be issued for any lot in this map without permits for Tentative Tract 12727 already being issued. 3. The proposed retaining wall shown on the east property line shall be deleted so that the existing slope bank on Tract 12414 is preserved. 4. The required Homeowners Association for this tentative tract map shall be annexed into the existing Homeowners Association for Tract 12414 in a form and manner which is satisfactory to the City Attorney and the City Planner. 5. The revised tentative tract map and site plan shall be reviewed by the Technical Review Committee prior to the map's recordation. This review is necessary to insure that all setbacks, cul -de -sac designs and general unit /lot plotting meets the Optional Development Standards of the City. ENGINEERING DIVISION 1. Avalon Street shall be reconstructed, as needed, for proposed connection to the private street portion to the satisfaction of the City Engineer. 2. Aesthetically appropriate signing shall be installed to distinguish public from private streets at the affected intersections to the satisfaction of the City Engineer and City Planner. • • APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER, 1984. PLAN NG OMMISSION OF THE CITY OF RANCHO CUCAMONGA 1, Rick Gomez, Deputy Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 12th day of September, 1984, by the following vote -to -wit: •AYES: COMMISSIONERS: MCNIEL, STOUT, CHITIEA NOES: COMMISSIONERS: BARKER ABSENT: COMMISSIONERS: REMPEL • /6x • Linda Daniels, Associate Planner, reviews the staff report. Rick Gomez, City Planner, states that one verbal comment has been received at the City Planning Counter in opposition to the project. Chairman Stout opens the public hearing. Mr. K. Nakana, architectural firm representing the applicant, expresses concern with the requirement for fencing just discussed by the Commission. He indicates that his meetings with Design Review have resulted in a better project. Following clarification that small children cannot be dropped off at preschool, the public hearing is closed. Motion: Moved by Barker, seconded by Stout, carried unanimously, to adopt with modification requiring fencing in compliance with State law, Resolution No. 84 -96/, approving Conditional Use Permit No. 83 -20 with issuance of a negative declaration. M 4 R 1 e 8:15 p.m. The Planning Commission recessed. • 8:30 p.m. The Planning Commission reconvened. « • w . + L. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT 12726 - A -M COMPANY - A residential subdivision o ots on aDProx imate y acres n t e Low Medium Development District (4-B du/ac) located west of Beryl Avenue and south of Hamilton Street - APN 202 - 032 -22 and 25. M. ENVIRONEMENTAL ASSESSMENT AND TENTATIVE TRACT 12727- A -M COMPANY - A residential subdivision creating 21 singe family rest dent i a ots and one open space lot already developed, on 2.6 acres in the Low Medium Development District, located west of Beryl Avenue and south of Hamilton Street - APN 202- 032 -69, 70 and 71. Linda Daniels, Associate Planner, reviews the staff reports. Commissioner Barker asks how tracts 12414, 12726 and 12727 can be legally bound together so that conditions imposed on one tract can be placed upon another. • Planning Commission Minutes -6- September 12, 1984 /4.2 v, Hopson explains the procedure of annexation into a homeowners association chat wou 1, satisfy the Commission's concerns for adherance to conditions of • pproval• ,,.,airman Stout opens the public hearing. yr, Gary Mitchell, representative of Hamilton Ranch, advises that the .,,ndttions of approval are acceptable to his client. yr, John Sauer, representing the A-M Company, advises that they have prepared document for the annexation into the homeowners association in compliance -_,th the State Department of Land and Real Estate. :sill Blanchard, 8890 Avalon, owner of lot 28, speaking for some residents, for density transition and a buffer zone; vehicle access to eliminate trnffic congestion; fencing and the elimination of a proposed no man's land ,,,seen existing and pro oosed tracts and reduction of two story houses so they ,:n not look into existing homes. . !nel Vairin, 6981 Opal, expresses concern with lack of transition and non - nformity to General Plan and City Codes. ethers who spoke regarding increased traffic and inability to get out on „vnlon Street, limited .space on driveways that could hamper parking, grading, ol'ianment of a retaining wall and turning radius were: Richard Penny, 8811 Avalon . �M G, T. Williams, 8821 Avalon Karen Osmondsen, 8850 Avalon x. Cary Mitchell explains their planning and design concepts. .,•,r^ being no further comments, the public hearing was closed. °,�•,i ssioner Barker expresses concern with private streets bordering public r,^ts; and overall design as far as total area and access to Beryl without n.t :ng Avalon through permanently. oner McNiel cites problems with access discussed during Design Review .:: states that there must be secondary access. He indicates he was inclined teave Avalon as the emergency access but it invites problems later on if , ", is done. ..;sinner Chittea su ,gests removal of lot 20 to give more space to lot 19 dould help in providing access. l_ °fanning Commission Minutes -7- September 12, 1984 is v Linda Daniels replies this cannot be done because it is necessary to connect an existing water line at this location. • Chairman Stout states that the transition of density is one of degree rather than one of philosophy and cites the difference between a large apartment complex next to single family homes as opposed to single family homes next to single family homes. On the issue of circulation on Avalon, Chairman Stout states that secondary access must be provided in the event of accidents or flooding. Motion: Moved by Barker that the proposed site Tract 12726, be annexed to the current tracts; given that part of the proposal is that Avalon be turned into a cul -de -sac, lot 20 be eliminated; using the alternate plan distributed by the developer that fire and public utility easements be put through to Avalon cul -de -sac and designed for pedestrian access; north /south street be moved slightly to the east; advantage of the house placement be taken and Avalon access be designed into some park like structure that would allow children to walk through. Commissioner Chitiea seconded the motion. Commissioner McNiel and Chairman Stout dissented and the motion failed. Following .further discussion, it is moved by McNiel, seconded by Stout, carried to adopt Resolution No. 84 -97, approving Tentative Tract 12726 with modification to conditions that Avalon be a connector that ties the two tracts • together; the existing homeowners association annex the two new tracts; elimination of one lot along the west edge to provide an additional 250 square feet per lot; and the issuance of a negative declaration. Commissioner Barker dissented. Motion: Moved by Barker, seconded by McNiel carried to adopt Resolution No. 84 -98 approving tentative Tract 12727 with issuance or a negative declaration. I e R 1 0 N. HAVEN AVENUE STUDY Curt Johnston, Associate Planner, reviews the staff report and resolution. Chairman Stout advised the resolution will have interim standards until the overlay district is in effer.t and will not have the same force and effect of an ordinance. Planning Commission Minutes -8- September 12, 1984 AOL . DESIGN REVIEW COMMENTS TENTATIVE TRACT 12726 - A -M COMPANY - A residential subdivision of 29 lots on 4.2 acres in the Low Nedium Residential Development District located west of Beryl Avenue and south of Hamilton Street. APN 202 -032- 22 and 25. Ba�ckrou�nd: This proposal is directly west and somewhat of a continuation of Tract 12414 currently under construction. Tract 12414 was approved by the Planning Commission is June of 1983. It was approved prior to the Development Code being adopted and, therefore, is designed to the interim standards of the City at the time for that site. Design Parameterss. Tentative Tract 12726 is on approximately 4.2 acres. The property dimensions are 208.5 feet by 880 feet. The rectilinear nature of the project does cause some constraint in designing it in a similar garden type setting as was done in Tract 12414. Although the property is intended to be a planned development it still maintains many of the characteristics of a single family residential project. Due to the location this can be construed as a benefit to the overall area because the project does provide a good • transition between the Low Medium development to the east and the single - family Low Residential development to the west. Staff Comments: The following are suggested areas of concern for design improvement: 1. In order to provide a better buffer between the proposed residential units and the existing single family units on the larger lots to the west, the lot depths abutting the west boundary line should be increased. This may be achieved by modifying the design angle of the street. This is especially a concern on lots 13 through 17. 2. Only one (1) building elevation has been provided for each unit footprint. For 29 lots, especially in light of the fact the project is linear in design, at least two building elevations are necessary for each of the three footprints proposed. Design Review Committee Action: Members Present: Larry McNiel, Dennis Stout, Rick Gomez Staff Planner: Linda 0. Daniels /G t. B Design Review Comments TT 12726 - A -M Company 1. The curvilinear street design shall be what was originally submitted. 2. A minimum of three building elevations are required for each footprint. 3. The hammer -head design is not desirable and may not meet the Fire District requirements. A cul -de -sac design is needed. 4. The fire lane at the southwest corner of the site should be eliminated and replaced with a fully improved street (Avalon). This is recommended so that residents have the opportunity for easy access to Carnelian Avenue and also so that there are two fully useable entrances and exits to the development. • • /6? r� �J 0 NORTH CITY Or ITEM: n 1-27ae- RANCI-10 CUCAMO,\GA TITLE _4-o A7/ON MAF PLANNING DIVISION EXHIBIT: v lr SCALe1 g' /6 t �N ]3 2B TRACT 8930 L - ,`VALU 27 W T ACT LM° TENTATIVE TRACT NQ -� SUBDIVISION MAP N '2 p 1r ,] T M 99 A QJ pr\/ ]3 2B TRACT 8930 L - ,`VALU 27 W T ACT LM° TENTATIVE TRACT NQ -� SUBDIVISION MAP / -rl !4 'U Y N L tl --Y�. ilk yrTr. CITY OF ITEM: 7T�IZ11 f- 41AW�14d RA\CHO CUCAMO\GA TITLE: &bd'Vl #tom PLANNING DIVISION EXHIBIT: -JDV - SCALE: /it • V NORTH N '2 p T \ Q / -rl !4 'U Y N L tl --Y�. ilk yrTr. CITY OF ITEM: 7T�IZ11 f- 41AW�14d RA\CHO CUCAMO\GA TITLE: &bd'Vl #tom PLANNING DIVISION EXHIBIT: -JDV - SCALE: /it • V NORTH 67 -,ACT 1930 I a j xH -L2 7,AC7' 66415 TENTATIVE TRACT NO 12726 DETAILED SITE PLAN 1j jjll NORTH CITY OF ITEM: RANCHO CUGVN/lONGA TITLE: PLANNING DIVISION EXHIBIT: "G" SCALE: vic"I n • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -03B - CITY OF RANCHO CUC ON A - An amendment to the General Plan Land Use Map from Medium Density Residential (8 -14 du /ac) /General Industrial to Industrial Park for 18.8 acres of land located on the southeast side of 9th Street and Baker - APN 207 - 211 -04 through 10; 17 through 20, 35, 37, 38, 43 and 44. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT - CITY OF RANCHO U NGA - An amendment to the Development District Map from "M" (8 -14 du /ac) /Industrial Specific Plan (General Industrial) to Industrial Specific Plan (Industrial Park) for 18.8 acres of land located on the southeast side of 9th Street and Baker - APN 207- 211 -04 through 10; 17 through 20; 35, 37, 38, 43 and 44. BACKGROUND: This General Plan and Development District Amendment was originally initiated by the City Council in an effort to minimize future land use incompatibility between the General Industrial and Medium Density Residential designations on the subject property. The Planning Commission determined that annexing the properties to the Industrial Specific Plan area as an Industrial Park use would allow greater on -site compatibility while requiring extensive buffering between the Industrial Park and existing residential uses. The attached Planning Commission report provides more detailed information relative to this item. RECOMMENDATION: The Planning Commission recommends approval of the enera an and Development District Amendment. This will initiate an amendment to the Land Use Map of the Industrial Specific Plan which will be submitted to the Planning Commission in the next cycle. If the City Council concurs, issuance of a Negative Declaration and adoption of the attached Resolution and Ordinance would be appropriate. ReS94ct bmitted, /Qi ty/ P 1 anner • JR:LW:jr /W 0 E l' I CITY OF RANCHO CUC�ONGA STAFF REPORT Rrn�. DATE: September 26, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Lisa Nininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -038 Y 0 RANCH CUCAMONGA - A request to amend the General an Land Use Map ran Medium Density Residential (4 -14 du /ac) /General Industrial to Industrial Park on 18.8 acres of land located on the south side of 9th Street and Baker - APN 207- 211 -04 through 10, 17 through 20, 35, 37, 38, 43, and 44. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT N M N - - Y N H U request to amend the Development UlstrIct Map from "M" (8 -14 du /ac) and Industrial Specific Plan (General Industrial) (Subarea 1) to Industrial Specific Plan (Industrial Park) on 18.8 acres of land located on the south side of 9th Street and Baker - APN 207- 211 -04 through 10, 17 through 20, 35, 37, 38, 43 and 44. I. BACKGROUND: On December 7, 1983, the City Council directed Staff To prepare a report on land use alternatives for a study area located at the southeast corner of Baker Avenue and 9th Street. At the January 4, 1984 meeting, Council reviewed the report and expressed concern regarding the compatibility of planned Medium Density Residential with single - family hones and with General Industrial adjacent to Medium Density Residential uses. Presented with alternatives, the Council stated that an Industrial Park designation for the entire area in question could be the most appropriate in terms of land use compatibility and aesthetics and directed Staff to bring the proposed change before the Planning Commission, along with an analysis and staff recommendations during the General Plan Amendment review cycle in September. II. PROJECT AND SITE DESCRIPTION: A. Action Requested: Amend the General Plan Land Use Map and Develdpment District Map from Medium Density Residential and General Industrial to Industrial Specific Plan /Industrial Park. B. Location: Southeast corner of Baker and 9th Street. ITEMS N d 0 /71 PLANNING COMMISSION 5r - REPORT GPA 84 -03B - City of k,.cho Cucamonga September 26, 1984 Page 2 • C. Parcel Size: 18.8 acres. D. Exist in Develo ent District: Medium Density Residential and ndustria peci is P an eneral Industrial. E. Existing Land Use: Single family residential; vacant. F. Surroundin General Plan Desi nation: North - Medium Density Residential, General Commercial. South - Industrial; General Industrial. East - General Industrial. West - Low Density Residential. G. Surroundin Land Use and Develo ent District Designations: North - ttached sing a ami y residential, ommercial (Medium Density Residential /General Commercial). South - Vacant, Residential and Industrial (Industrial Specific Plan). East - Industrial (Industrial Specific Plan). West - Single family residential, pre - school (Low Density Residential). H. Site Characteristics: Vegetation consists of residential • landscaping, scattered eucalyptus trees, weeds and grasses. Existing homes are 20 to 40 years old in fair to good condition. III. ANALYSIS: A. History When the Industrial Specific Plan was adopted in x981, the western half of the project area was designated under the General Plan as Medium Density Residential. The eastern half was designated as General Industrial /Industrial Specific Plan. This was done to preserve the residential uses in the area and to provide a future buffer of Medium Density Residential between the Industrial Area and the residential uses (existing and planned) to the north and west. B. General Plan Land Use Goals and Policies: The Land Use element o t e &enra an states that t e City shall "encourage opportunities to mix different but compatible land uses and activities ", but also to "organize land uses to avoid creating nuisances among adjacent land uses ". Under the Land Use descriptions, Medium Density Residential is designated as a compatible adjacent use to Low Density Residential. The Industrial Park land use is directed by the General Plan to be organized among major thoroughfares and on the periphery of the Industrial area with convenient access to public transit. • 1171 • PLANNING COMMISSION S-r ° REPORT GPA 84 -038 - City of k,,cho Cucamonga September 26, 1984 Page 3 Industrial Park occupants are generally labor intensive office uses, while General Industrial Uses range from light manufacturing to offices. While the Medium Density Residential use may be compatible with existing residential uses, the General Industrial use is much less compatible with either Low or Medium Density Residential. The major issue involving the request for a General Plan Amendment is land use compatibility and additional environmental concerns as outlined in the Environmental Assessment. Regarding land use, the change to Industrial Park would create a more consistent pattern of uses if the entire area was incorporated in the Industrial Specific Plan. The major concern would lie with the compatibility of Industrial Park uses with the single family residences to the north and west, many of which access directly from 9th Street. Under the requirements of the Industrial Specific Plan a 45 -foot building setback would be required for office and industrial park development which is adjacent to residential uses. This would serve to buffer the industrial use from the residential uses. The requirement of a Master Plan designation for the project • area would ensure compatibility between uses on site and minimize conflict with off site uses. The Master Plan should include a discussion of drainage, circulation, parking and access, and land use transitions. The proposed General Plan Amendment and Development District Amendment could allow the continuance of the existing residential use as a non - conforming use while developing some or all of the remainder as Industrial Park. Whether or not the homes remain, new development should be designed to be compatible with existing uses to the north and west. Approval of the General Plan Amendment and Development District Amendment will require amendment of the Industrial Specific Plan to either create a new subarea or annex the project site to an existing subarea with an Industrial Park designation. The specific development standards of this subarea should consider appropriate buffering on the south side of 9th Street. The alternative to the proposed change would be to deny the request and maintain the existing designations of Medium Density Residential and General Industrial. From a land use compatibility perspective, development under the existing land use designations would allow the development of Medium Density Residential (most likely condominiums or apartments) adjacent to General Industrial uses (manufacturing, etc.). This could create a less consistent pattern of development and the • likelihood of conflict between uses. Furthermore, the 4V PLANNING COMMISSION ST j—° REPORT GPA 84 -03B - City of lk.:ho Cucamonga September 26, 1984 Page 4 i1 L I transition between Medium Density and the existing single family development would also create the potential for incompatibilities. C. Environmental Assessment: The Initial Study has been completed y taf and no sign cant adverse environmental impacts were considered to be associated with the proposed project. However, two environmental concerns were noted and the following mitigation measures are suggested should the project be approved. Drainage: Although development of the site as Industrial Park will not significantly increase storm run -off, some increase in run -off will result from the increased ground coverage. A drainage Master Plan would be required when the initial industrial development for the area is proposed. IV. FACTS FOR FINDINGS: Should the Commission upon examination of the enera an and Development District Map Amendments decide that this change would promote the Land Use Goals and Policies of the General Plan and would not be detrimental to the adjacent • properties or cause significant adverse impact as listed under the Environmental Assessment, the following findings are necessary for approval: A. The Amendment does not conflict with the Land Use Policies of the General Plan, B. The Amendment does promote the goals of the Land Use element, and C. The Amendment would not be materially injurious or detrimental to the adjacent properties. V. CORRESPONDENCE: This item has been advertised as a public hearing In he la i a ort newspaper and notices were sent to all property owners w WPM feet of the subject site. In addition, public hearing notices were posted on the property. To date no correspondence has been received regarding this project. i,?r • PLANNING COMMISSION STf - REPORT GPA 84 -038 - City of .cho Cucamonga September 26, 1984 Page 5 V1. RECOMMENDATION: Staff recommends approval of the Amendment to the enera an and Development District Map as proposed, with the condition that a Master Plan be required prior to development to address drainage, circulation, parking and access, and land use transitions). It is also recommended that Staff be directed to initiate an Amendment of the Industrial Specific Plan during the next review cycle. The attached resolutions of approval are presented for your consideration. R ectf y ubmitted: is m Cit P anner RG:LW:ns Attachments: Exhibit "A" - Land Use Map Exhibit "B" - General Plan Designation Exhibit "C" - Development Districts Map Initial Study City Council Staff Report - January 4, 1984 City Council - January 4, 1984 Resolution of Approval of General Plan Amendment Resolution of Approval of Development District Amendment i9c %C %� � i.. i � // � 1Fry � 43 e. /�I / /x_ M1 yYYr �� r,��lrF %/ i ^$"�. ... s. �'�'� � � K �h" h4 `"`� r � a .�'.�,.... 7;., 0 lJ E (C CITY OF RANCHO CUCAmONGA STAFF REPORT DATE: January 4, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Frank Dreckman, Assistant Planner SUBJECT: LAND USE ANALYSIS - 9TH STREET AND MADRONE AVENUE ABSTRACT: At the direction of the City Council, staff has prepared the 0 owing study designed to determine the most appropriate land use for the area approximately bounded by Arrow Route, 8th Street, Baker Avenue, and the County Flood Control Corridor (Figure "A "). Specifically, the primary study area surrounds the intersection of 9th and Madrone (parcels 4 -10, 17 -20, 35, 43 and 45). BACKGROUND: Existing Land Uses: The area surrounding the intersection of 9th Street and Madrone Avenue presently consists of a variety of land uses which may ultimately determine and influence future land use designations within the primary study area. As illustrated in Figure "B ", the study area is presently peppered with a variety of land uses which include: A. Detached Single Famil Residential: Existing single family residences are primarily ocated on the southeast corner of 9th Street and Baker Avenue. In addition, a tract of single family residences are located contiguous to Baker Avenue, south of 9th Street. Lastly, as illustrated in Figure "B ", additional single family residences are scattered throughout the surrounding areas. B. Attached Sin le Famil Residential: (Duplex units) Phase I of the rc and reek eve opment, located on the north side of 9th Street, between Baker and Madrone Avenues, has recently been completed. Currently, grading for Phase II is underway. Ultimately, the tract will comprise 54 duplex units. C. Commercial: Existing commercial activity consists of the Cask and eavCT— er Restaurant complex located on the northeast corner of 9th and Madrone. Although not fully developed, the site will eventually support 10 +acres of related commercial and office activities. /OrO CITY COUNCIL STAFF Re l 1 �` Land Use Analysis - 91.E St. y Madrone Ave. January 4, 1984 Page 2 • D. Industrial: Existing industrial development consists primarily of limited light industrial and manufacturing uses which are scattered throughout the study area. As illustrated on Figure "B ", many of these existing uses are surrounded by vacant parcels which produce an underutilized industrial area. The area is currently zoned General Industrial and lies within Subarea 1 of the Industrial Area Specific Plan. General Plan Land Use: The General Plan and Industrial Area Specific P an have designated u timate land use designations (Figure "C ") within the primary study zone which include: (a) Medium Density Residential (8 -14 du /ac), which could ultimately support single family, duplex, zero lot, and multi - family dwellings; and (b) General Industrial, which could support future industrial activities which may include manufacturing, assembling, fabrication, wholesaling, heavy commercial, office uses, etc. As outlined in the Industrial Area Specific Plan, the General Industrial land use categroy functions as a buffer between low industrial uses (commercial and residential) and heavy industrial uses. However, existing land uses within the primary study area and surrounding area may ultimately influence or dictate a more appropriate land use which may be better adapted or more compatible with both existing and future uses as shown in Figure "B ". • Issues: The main issue involved with this study is to determine and establish land use designations which are compatible with surrounding existing or proposed uses located within the primary study area. Specifically, the study area should function as a transition zone between differing land uses (i.e., General Industrial, Residential) while remaining sensitive to the immediate neighborhood. Policies: The following is a description of policies related to three land uses (Residential, Industrial Park, General Industrial) which may be appropriately located within the primary study area. The appropriateness of the land use designation will depend on the interpretation of these policies as they relate to the assets and liabilities of each proposed land use alternative. The Council needs to examine and compare the proposed alternatives against the current City policy listed below in an effort to determine the appropriate land use within the study area. General Industrial: Presently, the study area is split by two iverse an uses (Figure "C "), which include Medium Density Residential and General Industrial. As outlined in the City's General Plan, General Industrial land uses are typically used as a buffer between low intensity industrial uses and heavy intensity industrial uses. In addition, the General Plan encourages General Industrial uses, specifically warehousing and distribution, west of Archibald within the study area. However, where adjacent to • residential uses, the General Industrial use should be designed for office use exclusively. /f/ J CITY COUNCIL STAFF RE' C (l Land Use Analysis - 9th St. & Madrone Ave. January 4, 1984 Page 3 Industrial Park: Industrial Park land use policies relate primarily to providing low intensity industrial uses which include office /administration facilities, research and development laboratories, support businesses, commercial services, etc. Industrial Park areas are typically located in areas of high prestige value (Haven Avenue) and are characterized by developments which offer an attractive campus -like environment. In general, these areas are characterized by a high employment density and strict design standards developed to protect land uses within this designation from other development which is inappropriate due to either function, appearance or environmental effect. This land use is sometimes used as a transition between residential and higher intensity industrial uses. Medium Densit Residential: Building intensity at the high end of t e MEAN density range -14 du /ac) is typically more appropriate adjacent to parks or open spaces, along transit routes and major secondary thoroughfares, and near major activity centers such as shopping centers, entertainment areas, etc. In addition, Medium . Density Residential land uses typcially serve as a buffer between Low Density Residential areas and areas of higher intensity commercial activities, and areas of greater traffic and noise levels. ALTERNATIVES: The following is a list of alternatives designed to proviFe a comparative analysis between the alternatives and policies listed above. Plan land use designation of General Industrial (Subarea 1) into the current residential land use area. Assets: o Could provide a transition from adjacent commercial and residential uses to other general industrial uses If the study area is restricted to office and administration uses only. Liabilities: o Most General Industrial uses such as light and medium manufacturing, assembling, fabrication, and wholesaling, would not be compatible adjacent to existing or future residential uses. o Existing R -1 single family use becomes non - conforming. • o Design and development standards are less demanding than those of residential or industrial park designated areas. /t i CITY COUNCIL STAFF R� ( (( Land Use Analysis - 9tn St. & Madrone Ave. January 4, 1984 Page 4 • Minimum-parcel size for the General Industrial area is one -half acre. Other land uses require larger minimum lot sizes. The General Industrial one -half area policy could produce piecemeal development. o General Industrial land uses and built forms adjacent to residential and commercial land uses will provide a harsh and abrupt transition to lower intensity uses. Staff Comments: If Alternative 1 is chosen: (a) a master plan should be require or a entire primary study area, which will ultimately be designed to coordinate drainage, traffic circulation, and access points, in an effort to provide continuity and compatibility within the study area; (b) only office and administrative uses shall be allowed within the primary study area; (c) special design standards shall be employed (landscape buffers, architectural controls, etc.) to ensure neighborhood compatibility; and, (d) a General Plan, Development Code, and Industrial Area Specific Plan land use amendment will be required to place various land use and design restrictions on the study area designed to assure neighborhood compatibility. • Alternative 2 - Industrial Park (Figure "D "): Alternative 2 would change th� use wit in the pr mary study area from General Industrial (Subarea 1) to Industrial Park. Assets: o Provides an effective buffer between residential and General Industrial land uses. o Stiff design and development standards assure neighborhood compatiblity. o Industrial park land uses such as office, administration, research and development, business support and commercial services, are typically more compatible with residential and commercial land uses and provide a subtle transition from one land use to another. o Provides an attractive activity node which would work in concert with commercial (Cask & Cleaver) and higher density residential activities to the north. o Minimum parcel size within the Industrial Park category equates to two acres which helps discourage piecemeal development, or conversion of existing • residential dwellings into industrial uses. /!1 • CITY COUNCIL STAFF Rf_ T Land Use Analysis - gt., St. & Madrone Ave. January 4, 1984 Page 5 o Industrial Park urban forms (architectural, height, bulk, .form, detailing, etc.) provides an effective transition between Residential /Commercial uses and General Industrial Uses. In general, this use is more compatible with Residential and Commercial uses. Liabilities: o Industrial Park uses are typically located along major streets where high exposure is desirable. o Existing R -1 single family becomes a non- conforming use. o Industrial Park areas are characterized by a high employment density which may cause excess traffic congestion, noise, etc., within the study area. Staff Comments: If Alternative 2 is chosen: (a) a master plan should be required for the entire primary study area which will ultimately be designed to coordinate drainage, traffic circulation, access points, and urban design guidelines, in an effort to provide continuity and compatibility within the study area. In addition, various design • standards should be designed to assure neighborhood compatibility by regulating architectural height, details, building forms, site planning, etc.; (b) uses should be restricted to office, administration, or other law intensity uses; and (c) a General Plan and Industrial Area Specific Plan land use amendment will be required. ial (Subarea 1) to Medium Density Assets: o Provides a buffer between single family residential land uses and low intensity industrial uses. o Medium Density land uses are compatible with existing single family and duplex units located adjacent to 9th and Madrone Streets. o Residential will be located adjacent to existing and future general commercial activities. Liabilities: . o Conflicts with existing and future General Industrial land uses which are generally of higher intensity than Industrial Park uses causing a harsh and abrupt change in adjacent land uses. o Existing parcel sizes and configurations may produce piecemeal Medium density projects which lack continuity and neighborhood compatibility. /, r CITY COUNCIL STAFF RE(- T Land Use Analysis - 9u.. St. f. Madrone Ave. January 4, 1984 Page 6 J o Existing R -1 single family land use becomes a non - conforming use. Staff Comments: If Alternative 3 is chosen: (r; a master plan should be required or t e entire primary study zone which will ultimately be designed to coordinate drainage, traffic circulation, access points, and urban design guidelines in an effort to provide continuity and compatibility within the study area. In addition, various design standards should be designed to assure neighborhood compatibility by regulating architectural, height, details, building forms, site planning, etc.; (b) a General Plan and Industrial Area Specific Plan land use amendment will be required. RECOMMENDATION: Staff recommends that the City Council review the staff report in an effort to determine the most appropriate land use within the primary study area. The City Council shall then direct staff to draft any associated General Plan, Development Code, and Industrial Area Specific Plan land use amendments as deemed necessary. Respectf u 1 lAsugi tt6 Rick Gomez ��r /(�____._� • City Planner RG /FD /jr Attachments eft • 0 °mw- Primary tlw, y ,area t�ssd.��la.l �o�ynexGla- L it 9 0 0 n u (M; i e.ri,�F-rc. 1 La r6 Fr I we-ry i r Cicr Council Mlnucts ?ago S i Mayor cL open" Waring for Public heating. Than MIN m respoao, thM public bootleg, vns closed. f ACTION: Mayor Nicole [tated the tram will be conttnuad to the World, at January td,, Wt. 6. CITY MANAGER'S STAR NEpORTS 6A. FORTMA RESERVE ANMEEATTON. The San Se[nerdtm County WC is sasking (t t-"t ins P -ntaa, Ontae o, and Ram" Cucooaga r.gardia cha future dialer.. of the Ratan[ Steel preserve. Staff report by Rick Oonoe, City Planar, Mr. mamma stated that WC has tentatively set up • "Ottag. Staff will notify Council when it Me been confiraaa. ACTION: Council concurred to continue chi. tram until after the WC unclog. 61. LAND ONE ANALYSIS - 9TA STIfEE2 AND M. Wes AVENUE. At the Decober /th (l *.sting, City until dtrecud enaf to prepare a spec L.1 lam vu army designed to datarvtne opttaal industrial and /or residential land use, within the planning area boom" by Arrow pouts, Pekoe Avenue, Nth Street, am the County Flood Control corridor. Start report by Rick CWes, City plenary. Mayor '•Lkela open" the smell, for public input. There Ming no respoese. he open -noting was closed. Mr. guvuet [rated M brought this up at the ties of the Developaenc Cede hearings. His concern was Mlle there was housing on the northeast portion that is pr ... otly under consideration for R -0, he felt the,. would M Ise. problms with an R-0 designation in there because Mere would be an intap.tible use up against single family housing. Mother probles 1. char. would be general industrial Meked up against that. a felt Council should look at an Industrial Park designation. That it would b4 voce aesthetically blooding with the neighborhood rather than a general industrial desigutioo am would also prat¢[ the houses already then since It would be a long tide betot. this would be developed. He favored Option T. ACTION: Council concurred that this should go to the Planning CoWUslon for public hearings with AllOrnaclve I Ming [hair preference sm to cone back to the Council for final approval. CITY ATTORNEY'S REPORTS Mr. Dougherty stated he had nothing to to port. There vu on buetsmss. LA S. COUNCIL BUSINESS ��O • CITY OF RANCHO CUCAMONGA • INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the Project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: General Plan Amendment 8403 -8 APPLICANT'S NAME, ADDRESS, TELEPHONE: Ci tv of Rancho Cucamonga P.O. Box 807 Rancho Cucamon a California 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT. o:..6 c,..._. �_... _.. LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) i 9th Street. hetw..n Rabe. LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: Development Dis ri t Amn dment I -1 �9/ PROJECT DESCRIPTION • DESCRIPTION OF PROJECT: p runnral plan Am °„Anent i� rg�eSf,d to am pod th I d 11 M f M A' n 'r� PpSidP fi l/rene ral Indu<trial to fnNwrrial Part ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: Prnjg't area - 1R A arrne priding h 'ld'n9< _ t..oivn cingle f,,J11, — rSidPnrPG_ DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): See attached, Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as.a whole have significant environmental impact? . • I -2 /9]. • t` c' WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground contours? X 2. Create a substantial change in existing noise or vibration? X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X _ 4. Create changes in the existing zoning or general plan designations? -X _ 5. Remove any existing trees? How many? Possibly 20 + _ X 6. Create the need for use or disposal of tree potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be ubmittakbefore an adequate evaluation can be made by the DevelopmeaE Review Committee. Date August 22. 1984 Signature • Ti I its Environmental Set(ng- Topography - Project site is located on the alluvial fan and slopes • gently in a southerly direction. Flora /Fauna - On site vegetation consists of various common domestic vegetation associated with the existing homes and eucalyptus trees and weed materials scattered on the vacant parcels. Animal life consists of domestic pets and assorted rodents and birds. Surrounding Uses North - Multifamily homes, Cask and Cleaver restaurant, elementary school. South - Two single family residences, an industrial building and vacant land. East - Industrial uses including television transmission towers and tree farm. West - Single family residential tract and child care center Existing Structures APN: 207- 271 -4, 5,6,7,8,9.10,17,18,19,37,38,44. Single family residences, generally 30+ years old, in fair to good condition. Includes associated landscaping, auxiliary structures, etc. APN: 207 - 271 - 20,35,43 - Vacant parcels with scattered trees. • • /9y • CITY OF RANCHO CUCAMONGA PART II - INITIAL STUDY E99IRO%'ENTAL CHECKLIST DATE:, APPLICA;:T: FILING DATE: 0211 rn LOG SUMER: PROJECT: G-, - -0-3— 3 PROJECT LOCATION: 5/� �/;J�: ,�'l / /(fL /S,%`'C• C�% LAC" I. ENVIRONHENTAL I"ACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO • /4r I. Soils and Geology. Will the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? b. Disruptions, displacements, compaction or burial of the soil? C. Change in topography or ground surface contour intervals? d. The destruction, covering or modification of any unique geologic or physical features? �! e. Any potential increase in wind or water erosion of soils, affecting either on or off site condicons? f. Changes in erosion siltation, or deposition? k S. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? h. An Increase in the rate of extraction and /or use of any mineral resource? 2. Hydrology. Will the proposal have significant results in: /4r a. Change in the characteristics of species, • Including diversity, distribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered spec Ens of plants ? /" i page 2 YES ?L4YBE NO a. Changes in currents, or the course of direction Of flowing streams, rivers. or ephemeral stream • Channels? k b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? __ K d. Change in the amount of surface water in any body of water? __ X e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? —` g. Change in the quantity of groundwaters, either through direct additions or wich- drawals, or through interference with an aquifer? Quality? Quantity? T h. She reduction in the amount of water other— • wise available for public water supplies? X I. Exposure of people or property to water related hazards such as flooding or seiches? X 3. Air Quality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or indirect sources? Stationary sources? b. Deterioration of ambient air quality and /or interference with the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? 4. Biota Flora. Will the proposal have significant results in: a. Change in the characteristics of species, • Including diversity, distribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered spec Ens of plants ? /" - Page 3 YES `14Y EE NO c. Introduction of new or disruptive species of • plants into an area? — Y d. Reduction in the potential for agricultural production? �y Fauna. Will the proposal have significant results in: a. Change in the characteristics of species, Including diversity, distribution, or numbers of any species of animals? lC D. Reduction of the numbers of any unique, rare or endangered species of animals? C. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? % d. Deterioration or removal of existing fish or wildlife habitat? X S. Population. Will the proposal have significant results in: a. Will the proposal alter the location, distri- • bution, density, diversity, or growth rate of the human population of an area? i b. Will the proposal affect existing housing, or create a demand for additional housing? 6. Socio- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or commercial diversity, tax rate, and property values? b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? 7. Land Use and Plannine Considerations. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? b. A conflict with any designations, objectives, • policies, or adopted plans of any governmental entities? — c. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? i Page 4 /1,i YES MA_ Y9E :70 8. Transoorta[ion. Will the proposal have significant • results a. Generation of substantial additional vehicular movement? b. Effects on existing streets, or demand for new street construction? X c. Effects on existing parking facilities, or demand for new parking? k d. Substantial impact upon existing transporta- tion systems? x e. Alterations to present patterns of circula- tion or movement of people and /or goods? f. Alterations to or effects on present and Potential water- borne, rail, mass transit or air traffic? g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? 9. Cultural Resources. Will the proposal have significant results in: • a, A disturbance to the integrity of archaeological, Paleontological, and /or historical resources? i 10. Health, Safety, and Nuisance Factors. Will the proposal have significant results 1n: a. Creation of any health hazard or potential health hazard? v lX. b. Exposure of people to potential health hazards? c. A risk of explosion or release of hazardous substances in the event of an accident? d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? X e. Increase in existing noise levels? k f. Exposure of people to potentially dangerous noise levels? X — • g. The creation of objectionable odors? Y h. An Increase in light or glare? _— /1,i C` Page 5 YES :.AYHE NO 11. Aesthetics. Will the proposal have significant • results in: a. The obstruction or degradation of any scenic vista or view? b. The creation of an aesthetically offensive site? `. -•i c. A conflict with the objective of designated or potential scenic corridors? X 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? IX/ b. Natural or packaged gas? k c. Communications systems? k d. Water supply? X e. Wastewater facilities? X • f. Flood control structures? �! g. Solid waste facilities? h. Fire protection? I. Police protection? �( J. Schools? k. Parks or other recreational facilities? k ^ 1. Maintenance of public facilities, including roads and flood control facilities? -_ k m. Other governmental services? 13. Ener,v and Scarce Resources. Will the proposal have significant results in: a. Use of substantial or excessive fuel or energy? _X b. Substantial increase in demand upon existing sources of energy? c. An increase in the demand for development of new sources of energy? d. An increase or perpetuation of the consumption of non - renewable forms of energy, when feasible renewable sources of energy are available? 199 t e. Substantial depletion of any nonrenewable or scarce natural resource? 14. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ?age b YES MAYBE NO - - y Is k b. Does the project have the potential to achieve short -term, to the disadvantage of long -term. environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (Cumulatively considerable • means that the incremental effects of an individual project are considerable when viewed In connection with the effects of past projects, and probable future projects). d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? II. DTSCUSSION OF ENVIAON>Le\TAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). • atpo C`- Page 7 III. DETERMINATION • On the basis of this initial evaluation: I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant Ueffect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. F—� I find the proposed project MAY have a significant effect on the �I envirnment, and an ENVIRONHENT Date Jc , Z %), //Ry • u 0/ C ; II. Discussion of Environmental Evaluation • 5. Population b. Approval of the pr000sed Genral Plan Amendment and Development District Amendment will impact the existing housing on site by causing it to become nonconforming in land use. The nonconforming use status would subject the the residential use to increased restrictions in accordance with the re- quirements of the development code. 7. Land Use a,b. The requested amendments would create a substantial alteration in the planned land use for the residential portion of the site, The change from Medium Density Residential to Industrial Park represents a significant difference in visual quality and land use, particularly to the residential areas to the north and west. The industrial areas to the south and east would be less affected. In order to ensure land use comaptibility, the design review process will evaluate site design and architecture to create a compatible development. • • AO > ORDINANCE N0. Ai4 -QYfO AV/ • AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM "M" (8 -14 DU/AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN (INDUSTRIAL PARK) FOR 18.8 ACRES OF LAND LOCATED AT THE SOUTHEAST SIDE OF 9TH STREET AND BAKER - APN 207- 271 -04 THROUGH 10, 17 THROUGH 20, 35, 37, 38, 43 6 44. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That Development District Amendment No. 84 -03 -8 is consistent with the General Plan of the City of Rancho Cucamonga. • C. This Development District Amendment No. 84 -03 -8 will have no significant environmental impact as provided in the Negative Declaration filed herein. 0 SECTION 2: The following described real property is hereby reclassif edd the i manner stated, and the Development District Map is hereby amended accordingly. Assessor parcel number 207- 271 -04 through 10, 17 through 20, 35, 37, 38, 43 6 44 which is generally located on the southeast side of 9th Street and Baker, and which consists of approximately 18.8 acres of land, is hereby amended to Industrial Specific Plan (Industrial Park). SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause tFe same to be published within fifteen (15) days after its passage at least once in T12T12 Dail, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. A0! 0 • J CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: November 7, 1984 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner 1977 SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84-03 - C - OL A - request to amend the General Plan Land Use Map from Low Density Residential (2 -4 du /ac) to Low Medium Residential (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN 207- 222 -08. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT MEND- N - - - L - request to amend the 'eve opment District ap from "L" (2 -4 du /ac) to "LM" (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN 207 - 222 -08. BACKGROUND: The applicant requested a change from Low Density Residential (2 -4 du /ac) to Low Medium (4 -8 du /ac) in order to construct either a single family detached or duplex product. The Planning Commission considered the compatibility of the Low Medium Density with the existing Low Density development in the surrounding area. The Commission determined that, due to a parcel size of less than 5 acres, the Development Code limits density to 6 dwelling units per acre in the Law Medium Density which is consistent with the lot size and configuration of the surrounding area. The attached Planning Commission report provides more detailed information relative to this item. A01 CITY COUNCIL STAFF REPORT GPA 7 DDA 84 -03 -C - Volbeda November 7, 1984 Page 2 • H. RECOMMENDATION: The Planning Commission recommends approval of the General Plan and Development District Amendment. If the City Council concurs, issuance of a Negative Declaration and adoption of Pe attached Resolution and Ordinance would be appropriate. Resp ctfu s fitted, LW:ns Attachments: Planning Commission Staff Report - September 26, 1984 Resolution of Approval Ordinance El • q of • C C CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: September 26, 1984 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Lisa Wininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -03C L - A request to amend the General Plan Land Use Map from Low Density Residential (2 -4 du /ac) to Low Medium Residential (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN - 207 - 222 -08. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMEN N L - A request to amend the eve opment str ct Map from "L" (2 -4 du /ac) to "LM" (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN 207 - 222 -08. I. ABSTRACT A General Plan Amendment and Development District Amendment is requested for a 28 unit single - family attached residential project located south of Arrow Highway and west of Comet. The requested change is from Low Density Residential to Low - Medium Density Residential. Staff has determined that no significant environmental impacts would be caused by the proposed project. The Commission will determine if the proposed change is appropriate in terms of land use compatibility with the surrounding neighborhood. II. BACKGROUND: The project applicant intends to build a residential pro ect consisting of 28 duplex units on a 4.78 acre site south of Arrow Highway near Grove. The proposed project would have a density of approximately 6 units per acre. The current General Plan and Development District designations do not permit the proposed density. Consequently, a General Plan Amendment and Development District Amendment is requested to change the current Low Density Residential designation (2 -4 du /ac) to Low Medium Residential (4 -8 du /ac). The Planning Commission will determine if the proposed change is appropriate in terms of land use compatibility. A 0` ITEMS L 8 M PLANNING COMMISSION 5 -F REPORT GPA 84 -03 -C - Y ---- -- t September 26, 1984 Page 2 • III. PROJECT AND SITE DESCRIPTION: A. Action Requested: Amend the General Plan Land Use Map and Development District Map from Low Density Residential (2 -4 du /ac) to Low Medium Residential (4 -8 du /ac). B. Location: South side of Arrow Highway between Sierra Madre and ome — Streets. C. Parcel Size: 4.78 acres D. Existing General Plan Designation: Low Density Residential E. Development District Designation: Low Density Residential F. Existing Land Use: One single - family home and orange grove. G. Land Use and Develo ent District Desi nation: North - Single ami y res ent a pw ensity Residential) South - Single family residential (Low Density Residential) East - Single family residential Low Density Residential) West - Single family residential Low Density Residential) • H. Site Characteristics: The site consists of one old stone house in poor condition with the remainder of the area covered in orange trees which are no longer commercially cultivated and are in generally poor condition. The site is accessed from Arrow Highway along which a row of mature cypress trees is located. IV. ANALYSIS: A. History: When the General Plan was adopted , the area of which the project site is a part was designated as Low Density Residential in accordance with the prevailing land use of the area. The subject parcel was not subdivided as was the surrounding land and remained as an orchard with a single - family residence until the present. B. Reason for Request: The applicant has indicated that the Low Density designation would not permit development of a sufficient number of units in an appropriate price range to make an infill project of this sort financially feasible. Consequently, the applicant is requesting a change to Low Medium Density Residential. • $O% PLANNING COMMISSION 5/ -F REPORT GPA 84 -03 -C - volbedak i :eptember 26, 1984 Page 3 C. General Plan Land Use Goals and Policies: The land use po icies o the Genera an support Tnfill protects on vacant residential parcels providing that the proposed density would not be incompatible with the surrounding neighborhood character. The applicant is requesting a change to Low Medium Density Residential. The General Plan discusses Low Medium Density Residential in the following manner: It would be "appropriate within Low Density areas to encourage greater housing diversity without changing the single - family character of the surrounding residential area." The intent of the General Plan policy is to provide the opportunity for use of Low Medium residential density in areas which have smaller undeveloped parcels which are more difficult to develop, with the provision that infill development would be compatible with the surrounding character of the neighborhood. D. Issues and Alternatives for Consideration. The most signficant issue invo ving this request is the and use compatibility of an increase in density in a single family residential area. The alternatives for consideration are approval of the General Plan Amendment for Low Medium Density Residential or denial of • the Amendment, thus allowing the General Plan designation to remain Low Density Residential. Another issue for consideration is that of amending the General Plan designation on a parcel which is smaller than five (5) acres in size. Although the City has no specific parcel size designated as the minimum for which a General Plan Amendment may be considered, the approval of a General Plan Amendment on small sites such as the subject property may set a precedent for additional General Plan Amendments requests in the future. The neighborhood in which this site is located is in one of the older areas of the City. While most of the neighborhood housing stock is in good or fair condition, some homes are beginning to show signs of age and the need for intensified maintenance. The City's housing rehabilitation program recognizes this part of town as a target area for rehabilitation funds in order to preserve the quality of the housing stock. In addition, substantial public improvements such as streets, curbs, sidewalks and streetscapes are now in the planning stages under the Block Grant Program. Finally, a park site is also being discussed for the area, for possible B1ock,Grant Funding. It is expected that the concentration of Public investment, in conjunction with the right kind of new private development, will have a strong and positive effect on the entire neighborhood, encouraging individual private • maintenance and rehabilitation effects. The decision the Commission has to make is whether or not the proposed amendment ;tot PLANNING COMMISSION S77 REPORT GPA 84 -03 -C - Volbedal September 26, 1984 Page 4 • is consistent with the overall strategy for the neighborhood, and which of the following alternatives is appropriate: Low Densit Residential: The existing low density residential designation wou emit the development of the sites to 4 units per acre, most likely in the form of a conventional single family subdivision. Under the newly adopted development standards, the minimum average lot size would be 8,000 sq. ft., slightly larger than the surrounding neighborhood developed under the 7,200 sq. ft. minimum. The existing designation would thus show the development of a compatible land use. Low Medium Densit Residential: In theory, this designation wou prov a or a greater range of dwelling types, including single - family detached dwelling units on individual lots, duplexes, and attached units. Because of this range of dwelling types, there may be potential for creating land use in compatibility with the surrounding single family Low Density Residential character. However, in practical terms, current City policies in the Development Code regarding density transition and neighborhood compatibility would limit the density on this site to approximately six (6) dwellings to the • acre. This would result in single family homes on 6,000 sq. ft. lots, or duplexes /attached units not exceeding 6 du /ac as outlined in the Basic Standards of the Development Code for the LM District. This greatly reduces the potential for conflict between the existing single family development and the proposed designation. Through the use of proper design controls of architecture and site planning, such projects could be developed in a single - family residential character compatible with the surrounding neighborhood. E. Environmental Assessment: Part I of the Initial Study has been comp ete y the applicant. Staff has completed the Environmental Checklist, Part II of the Initial Study, and found no significant adverse impacts associated with the proposed amendment. V. FACTS FOR FINDINGS: Should the Commission upon examination of the 6eneral Plan Amendment and Development District Map Amendment decide that the change from Low Density Residential would promote the land use goals and purposes of the General Plan, this Amendment would not be materially detrimental to the adjacent properties or cause significant adverse impacts as listed under Environmental Assessment, the following are the findings that are necessary on approval: A09 • PLANNING COMMISSION F - "F REPORT GPA 84 -03 -C - Volbeda( September 26, 1984 Page 5 A. The Amendment does not conflict with the Land Use Policies of the General Plan. B. The Amendment does promote goals of the land use element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. VI. CORRESPONDENCE: This item has been advertised as a public hearing in he Da Re ort newspaper and notices were sent to all property owners within YOU feet of the boundary of the proposed project. To date, no correspondence has been received. VII. RECOMMENDATION: Based on the analysis of the Land Use Policies of the General Plan and the Environmental Assessment, Staff is recommends approval of the proposed General Plan Amendment and Development District Amendment based upon the policies governing density transition and neighborhood compatibility in the Development Code and General Plan. Should the Commission approve the request and approve the General Plan Land Use Map and the Development District Map, the following is required: Approve • attached Resolution amending the General Plan Land Use Map from Low to Low Medium and the accompanying Resolution amending the Development District Map from "L" to "LM". Should the Commission decline to make the findings necessary for approval of the Amendment, a resolution of denial is also presented for your consideration. �pect ly submitted, Ri z City Planner RG:LW:ns Attachments: Exhibit "A" - Development District Map and General Plan Map Exhibit "B" - Site Plan Initial Study Resolution of Approval of General Plan Amendment Resolution of Approval of Development District Amendment 'Resolution of Denial • d/D (VA 3 - -47 - �-; - XI ST JL LOW FWS •4z��{- — P- o-J -�- Lo L4P = WE Lo La M� IST r7AGK X E \ �a ^• \o, o — LL \mss i q=ar ?N I _ _ _.. � �..w.a .+a rerca .r ra•r,•m o `v.n -wrr - JD is I 1_ I OB I� E I urn N I ' [^. j ...vv��JJ1 K ^r J 631 FT. SITE PLAN sera, .�...rr .�v. � r•..� .Nd� Or .ei d1[. YOC C( phi a.Yl TaLLIDy air unf Try Inert • Waa.(.nW aw.ra •O) i a t9m. sl. •urn �•ka�. fart aatl� ny�•pr � rT n p plGrrr f•nO.r uM1•..l Rra9 � wa pl •nt L; I f lu 1 G 1.. I I I i;} 0 L� EDWIN li r i I N ±; CCr .i �1 { r 11N =40 FT. I { NORTH ELEVATION PETE {i8 Architecture Planning ° 451 31 W West Bonita Rue. •- g _ San Dimos. Ca. 91773 714• C .. 1. • CITY OF RANCHO CUCAMONGA • INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. PROJECT TITLE: 5I eR_A P W ° c!D -r&VM �-t O "LAS NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: 4 p M4s PS PB 0, V6 PARCEL NO.) LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 C �C • PROJECT DESCRIPTION ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS IF ANY: -J% oreEs I40o sef //nlsrs DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as's whole have significant environmental impact? 4/d • 1-2 ztr C, C" • WILL THIS PROJECT: YES NO _ 1. Create a substantial change in ground contours? 2. Create a substantial change in existing noise or vibration? 4 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? a1 _ 6. Create changes in the existing zoning or general plan designations? \ _ 5. Remove any existing trees? How many? 410-Z 7R9WS kAaV N.7r B&.N n.A�Krh� NSA 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: rPC GGSS1I.T Ca • a' P-1-1 PLO.N ,e,tJ p A. "E G1�A NJG PPP U l.�a-yya w IMPORTANT: If the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Development Review Committee. Date `-�' 3 si signature �z T` L� YI�7/�iKi -i S{ (h r Title 1-3 AI! i� RESIDENTIAL CONSTRUCTION • The following information should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: S IFR12.p WO ob - jbWN�GgW Specific Location of Project: _33°7/V.P--oK1 P,0 n7r=- 66,0,45 T-) PHASE I PHASE 2 PHASE 3 PHASE 4 TOTAL 1. Number of single ell family units: 7i 2. Number of multiple family units: 3. Date proposed to begin construction: ARF 4. Earliest date of occupancy: gyp° %p Model N and M of Tentative 5. Bedrooms Price Range A • I -4 Al` c � • CITY OF RANCHO CUCA.MONGA PART II - INITIAL STUDY ENVIRMIENTAL CHECKLIST DATE:_ August 28, 984 APPLICANT: Pete Volbeda FILING DATE: July 13, 1984 LOG NUMBER: GPA 84 -03 -C PROJECT: GPA 84 -03 -C PROJECT LOCATIOS:S /Arrow Route, E /Sierra Madre I. ENVIRON!ENTAL I`1PACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO • 1. Soils and Geolo21. Will the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? -M- b. Disruptions, displacements, compaction or burial of the soil? X C. Change in topography or ground surface contour intervals? X d. The destruction, covering or modification of any unique geologic or physical features? X e. Any potential increase in wind or water erosion of soils, affecting either on or off site conditons? X f. Changes in erosion siltation, or deposition? X g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? __ X h. An increase in the rate of extraction and /or use of any mineral resource? X 2. Hydrology. Will the proposal have significant results in: c � a. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? d. Change In the amount of surface water in any body of water? e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? g. Change in the quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? h. The reduction in the amount of water other- wise available for public water supplies? I. Exposure of people or property to water related hazards such as flooding or seiches? 3. Air Quality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or Indirect sources? Stationary sources? b. Deterioration of ambient air quality and /or Interference with the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? 4. Biota Flora. Will the proposal have significant results in: Page 2 YES MYBE NO X X Y Y :l X X X X X a. Change In the characteristics of species, Including diversity, distribution, or number of any species of plants? X _ b. Reduction of the numbers of any unique, rare X or eodangered.sper.iea of plants? AIr '- • C C ?age J YES MAYBE NO c. Introduction of new or disruptive species of • plants into an area? --X d. Reduction in the potential for agricultural production? X Fauna. Will the proposal have significant results in: a. Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? X b. Reduction of the numbers of any unique, rare or endangered species of animals ". X c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? X d. Deterioration or removal of existing fish or wildlife habitat? _ X 5. Ponulatfon. Will the proposal have significant results in: a. Will the proposal alter the location, distri- • bution, density, diversity, or growth rate of the human population of an area? X b. Will the proposal affect existing housing, or create a demand for additional housing? _ X 6. Socio- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or co ®ercial diversity, tax race, and property values? _ X b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? _ X 7. Land Use and Plannine Considerations. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? X b. A conflict with any designations, objectives, policies, or adopted plans of any governmental entities? c. An impact upon the qulaity or quantity of existing consumptive or non - consumptive recrestional.oppottunities ?�f' 3 ( page 4 YES >AYBE NO g. Transnorcation. Will the proposal have significant • resoles in: a. Generation of substantial additional vehicular movement? X b. Effects on existing s,reets, or demand for new street construction? X c. Effects on existing parking facilities, or demand for new parking? X d. Substantial impact upon existing transporta- tion systems? X e. Alterations to present patterns of circula- tion or movement of people and /or goods'. X f. Alterations to or effects on present and potential water- borne, rail, mass transit or air traffic? X g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? X 9. Cultural Resources. Will the proposal have • significant results in: a. A disturbance to the integrity of archaeological. paleontological, and /or historical resources? _ X 10. Health, Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health hazard or potential health hazard? ,X b. Exposure of people to potential health hazards? c. A risk of explosion or release of hazardous substances in the event of an accident? X d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? X e. Increase in existing noise levels? X f. Exposure of people to potentially dangerous noise levels? _ X . g. The creation of objectionable odors? _ X h. An increase in light or glare? X A20 Page i Ci YES KAYSE NO 11. Aesthetics. Will the proposal have significant results in: a. The obstruction or degradation of any scenic vista or view? b. The creation of an aesthetically offensive site? % c. A conflict with the objective of designated or potential scenic corridors? 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? b. Natural or packaged gas? c. Comrlunications systems? d. Water supply? e. Wastewater facilities? • f. Flood control structures? g. Solid waste facilities? X h. Fire protection? i. Police protection? J. Schools? k. Parks or other recreational facilities? 1. Maintenance of public facilities, including roads and flood control facilities? m. Other governmental services? 13. Energy and Scarce Resources. Will the proposal have significant results in: a. Use of substantial or excessive fuel or energy? X b. Substantial increase in demand upon existing sources of energy? C. An increase in the demand for development of • new sources of energy? d. An increase or perpetuation of the consumption of non - renewable forma of energy, when feasible renewable sources of energy are available? ' ii/ C- e. Substantial depletion of any nonrenewable or scarce natural resource? 14. Mandatory Findines of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ?age 6 YES K4YBB NO — X • X b. Does the project have the potential to achieve short -tem, to the disadvantage of long -term, environmental goals? (A shore -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future). X c. Does the project have impacts which are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of an individual project are considerabl^ when viewed in connection with the effects of past projects, and probable future projects). X d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or Indirectly? X U. DISCUSSION OF MrIRON`MNTAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). See attached • St?% CPage i III. DETERMINATION • On the basis of this initial evaluation: ®I find the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. _ I find that although the proposed project could have a significant 1 I effect on the environment, there will not be a significant effect 1.� in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL BE PREPARED. I find the proposed project MAY have a significant effect on the envirnment, and an ENVIRONIMNT ENACT /REPOs� required. Date A q,f ?A 1924 • • City Planner • .iai ATTACHMENT To INITIAL STUDY, PART II • II. Discussion of Environmental Evaluation 2) Hydrology b. An increased amount of covered area associated with a higher density project may affect absorption rates and the rate and amount of surface water runoff. 4) Flora a. Development of the site as a low- medium project with 28 units as indicated on the site plan would cause the removal of 40+ citrus trees. They are, however, in very poor condition. 7) Land Use and Planning Considerations b. The proposed project requests a change in the Land Use Map of the General Plan and will require an amendment of the Development District_. ,, 8) Transportation b. The project if developed per the submitted site plan, will 'require construction of Edwin Street. e. The continuation of Edwin Street, per the site plan, may alter the patterns of circulation by opening a • path between Arrow Route and 9th Street. • AAV ORDINANCE NO. A& 90—i 0 ANJ AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM "L" (2 -4 DUiAC) TO "LM" (4 -8 DU/AC) FROM 4.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY BETWEEN SIERRA MADRE AND COMET STREETS - APN 207- 222 -08. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. This City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That Development District Amendment No. 84 -03 -C is consistent with the General Plan of the City of Rancho Cucamonga. C. This Development District Amendment No. 84 -03 -C will • have no significant environmental impact as provided in the Negative Declaration filed herein. • SECTION 2: The following described real property is hereby reclassified manner stated, and the Development District Map is hereby amended accordingly. Assessor parcel number 207 - 222 -08, which is generally located on the south side of Arrow Highway between Sierra Madre and Comet Streets, and which consists of approximately 4.8 acres of land, is hereby amended to "LM" (4 -8 du /ac). 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 Dai_ _�, a newspaper of general circulation published in the City of ntario, California, and circulated in the City of Rancho Cucamonga, California. at as • • n STAFF REPORT ��'`V a. F � I: DATE: November 7,.1984 19'7 TO: Mayor and Members of the City Council FROM: Rick Gomez, City Planner BY: Lisa A. Wininger, Assistant Planner SUBJECT: ENVIRONMENTAL SYSTEM AND GENERAL PLAN AMENDMENT 84- D - CI Y OF RANCHO CUCAMONGA - A request to amend the Ueneral Plan Land Use Map from Medium Density Residential (4 -14 du /ac), to Low - Medium Density Residential (4 -8 du /ac) on 15.8 acres of land located on the west side of Hellman Avenue, south of 7th Street - APN 209- 161 - 04,16,23 and 210- 341 -72. Background_ - This General Plan Amendment was initiated by the Planning oWC fssion in order to evaluate the Medium Density designation of this property in terms of land use compatibility with the Low Density residential uses to the east and west. The Commission felt that the transition between Low and Medium densities was too abrupt and the Medium density should be reduced. Although a Low Density designation would be the most compatible with existing development, the Low- Medium designation would be appropriate in terms of density transition and would enable a potential project to be economically viable, an important consideration in addressing significant (on and off -site) environmental problems. The attached Planning Commission Report provides more detailed information relative to this item. Recommendation - The Planning Commission recommends approval of the enera an Amendment. If the City Council concurs, issuance of a Negative Declaration and adoption of the attached resolution would be appropriate. Gomez Planner LAN:cv Attachments: September 26, 1984, Planning Commission Staff Report Resolution of Approval. aac 0 r 1 U r1 LJ I. ABSTRACT: A General Plan Amendment is requested for a site located ononHelTn Avenue south of 7th Street. The requested change is from Medium Density Residential to Low Medium Density Residential. Staff has determined that no significant environmental impacts would be caused by the proposed change. The Commission will determine if the proposed change is appropriate in terms of land use compatibility. II. BACKGROUND: This action was initiated by the Planning Commission who directed staff to prepare a General Plan Amendment for the properties located west of Hellman and south of 7th Street, which are currently designated under the General Plan as Medium Density Residential (4 -14 du /ac), but are located in a Low Medium Density (4 -8 du /ac) Residential Development District. The 15.8 acre site located near the southwest corner of the City is currently vacant except for one single - family home. The site is located west of a tract of single - family homes which are designated as Low Density (2 -4 du /ac) Residential. Because of concerns relative to compatibility of existing and proposed uses, and for transition of density, the Commission directed Staff to evaluate the possibility of amending the General Plan Land Use Designation of the subject property to Low Medium Residential. The Commission wished to evaluate the Medium Density Residential land use designation in terms of land use compatibility in order to determine if the site is suited for Low Medium Density rather than a Medium Density designation. The current General Plan Land Use Designation differs substantially from the developed property immediately east of the parcel. Consequently, a General Plan amendment was requested to change the current Medium Density Residential designation (4 -14 du /ac) to Low Medium Density Residential (4 -8 du /ac). .2 al ITEM P — CITY OF RANCHO CUCAMONGA STAFF REPORT CUCAMO "O�. a �s DATE: September 26, 1984 07 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Lisa Wininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 84 -03D Y OF 7WNCHO CUCAMONGA - Arequest to amend the Genera an and Use Map rom Medium Density Residential (4 -14 du /ac) to Low Medium Density Residential (4 -8 du /ac) on 15.8 acres of land located on the west side of Hellman Avenue south of 7th Street - APN 209- 161 -04, 16, 23, and 210 - 341 -72. I. ABSTRACT: A General Plan Amendment is requested for a site located ononHelTn Avenue south of 7th Street. The requested change is from Medium Density Residential to Low Medium Density Residential. Staff has determined that no significant environmental impacts would be caused by the proposed change. The Commission will determine if the proposed change is appropriate in terms of land use compatibility. II. BACKGROUND: This action was initiated by the Planning Commission who directed staff to prepare a General Plan Amendment for the properties located west of Hellman and south of 7th Street, which are currently designated under the General Plan as Medium Density Residential (4 -14 du /ac), but are located in a Low Medium Density (4 -8 du /ac) Residential Development District. The 15.8 acre site located near the southwest corner of the City is currently vacant except for one single - family home. The site is located west of a tract of single - family homes which are designated as Low Density (2 -4 du /ac) Residential. Because of concerns relative to compatibility of existing and proposed uses, and for transition of density, the Commission directed Staff to evaluate the possibility of amending the General Plan Land Use Designation of the subject property to Low Medium Residential. The Commission wished to evaluate the Medium Density Residential land use designation in terms of land use compatibility in order to determine if the site is suited for Low Medium Density rather than a Medium Density designation. The current General Plan Land Use Designation differs substantially from the developed property immediately east of the parcel. Consequently, a General Plan amendment was requested to change the current Medium Density Residential designation (4 -14 du /ac) to Low Medium Density Residential (4 -8 du /ac). .2 al ITEM P PLANNING COMMISSION STr REPORT GPA 84 -030 - City of R �,cho Cucamonga September 26, 1984 Page 2 • III. PROJECT AND SITE DESCRIPTION: A. Action Requested: Amend the General Plan Land Use Map from Medium Density Residential (4 -14 du /ac) to Low Medium Density Residential (4 -8 du /ac). B. Location: West of Hellman Avenue, south of 7th Street. C. Parcel Size: 15.8 acres. D. Existing Development District: Medium Density Residential. E. Existing Land Use: Vacant and single - family residential. F. Surroundin Land Use and Deve to meat District: North - scant and Industria Industrial pecific Plan) South - City of Ontario, (vacant). East - Single - family homes (Low Density Residential) West - City of Ontario, (single - family hones). G. General Plan Designations: roject Site - Medium Density Residential . North - General Industrial South - City of Ontario (Low Density) East - Low Density Residential West - City of Ontario (Low Density) H. Site Characteristics: The project site is bounded on the west by the Cucamonga Creek Flood Control Channel and on the east by Hellman Avenue. The northern three parcels are vacant with scattered eucalyptus trees, grasses and weeds, while the southern parcel is occupied by a single - family dwelling. IV. ANALYSIS: A. His�tor,y Although the site was originally occupied by several s ni gte- family homes, the only remaining structure is on the southern parcel on the southwest corner of 6th and Hellman. B. General Plan Land Use Goals and Policies: The land use element o the enera an escribes medium Density residential development as "allowing a wide range of living accommodations ranging from conventional single family detached units to single family attached units. Building intensity at the lower end of the density range would be appropriate adjacent to Low and Very Low density residential areas. Building intensity at the higher end of the range is considered appropriate near parks and other open areas, along transit routes and major and • secondary thoroughfares, and near activity centers such as recreational centers, libraries, shopping centers, and entertainment areas. The Low Medium category is characterized by residential densities somewhat greater than the Low Density 3af PLANNING COMMISSION ST ' REPORT GPA 84 -030 - City of R echo Cucamonga September 26, 1984 Page 3 Residential group. The Low Medium Density would be appropriate within Low Density areas to encourage greater housing diversity without changing the single- family character of the surrounding residential area. The Low Medium Density is generally developed on smaller parcels that are more difficult to develop within Low Density residential areas, with the provision that the development be compatible with the surrounding character of the area. The major issues involving this request are the land use compatibility of the proposed General Plan Amendment and the additional environmental concerns as pointed out in the environmental assessment. Regarding land use, the project site represents a relatively isolated location for Medium Density residential development. The Low Medium Density residential designation provides for a more gradual transition between the project site and the single family residential developments to the east and west. The Commission's alternatives for land uses include the current designation of Medium Density Residential or the proposed Low Medium Density Residential designation. • Low Medium Residential. This designation would provide for a range o dwelling un ts, including single family detached dwelling units on individual lots to attached townhomes. Because of this range of dwelling types, and with density limited to 8 du /ac, Low Medium Density offers land uses compatibile with the existing single - family Low Density residential character. Through the use of proper design control of architecture and site planning, the project site can be developed and designed in a single family detached residential character compatible with the surrounding neighborhoods. Medium Densit Residential. Under the current General Plan designat oonn ot Ke_JTN_3�ensity Residential, density could range from 4 -14 dwelling units per acre. Although it is possible that the site could be developed at a density more closely resembling that of Low Medium, given the size of the project site.it is more likely that Medium density development would be oriented to multi- family attached housing. This creates the likelihood of land uses conflicts and neighborhood incompatibility would definitely exist. C. Environmental Assessment: Part 1 of the Initial, Study has been comp ete y the applicant. Staff has completed the Environmental Checklist, Part 11, of the Initial Study, and found no significant adverse impacts with the mitigation measures attributed to the proposed amendment. The following is a summary of the environmental effects and measures proposed should the project be approved,. 26 a9 PLANNING COMMISSION SY-' REPORT GPA 84 -030 - City of Fk.,cho Cucamonga September 26, 1984 Page 4 Dr�ainaa e�: The portion of the project site located adjacent to Hellman Avenue and the entire southern parcel of the project site is located in an area of 100 -year flood. This site has traditionally experienced flooding, although it has been reduced by improvements to Cucamonga Creek and Hellman Avenue. Major flood control improvements would be required to develop one or all of the subject parcels. V. FACTS FOR FINDINGS: Should the Commission, upon examination of the General an Amendment, decide that the change would promote the land use goals and purposes of the General Plan, and would not be detrimental to the adjacent properties or cause significant adverse impacts as listed under the Environmental Assessment, the following findings are necessary for approval. A. The amendment does not conflict with the land use policies of the General Plan. 8. The amendment does promote the goals of the land use element, and C. The amendment would not be materially injurious or detrimental • to the adjacent properties. VI. CORRESPONDENCE: This item has been advertised as a public hearing in h'n a Da2il Re o�rt newspaper and notices were sent to all property owners wit' hin 300 feet of the boundary of the proposed project. To date, the attached correspondence has been received. VII. RECOMMENDATION: Staff recommends approval of the General Plan en men as proposed. Should the Commission concur, approval of the attached Resolution amending the General Plan Land Use Map to Low Medium Density Residential would be appropriate. erect R ly ubmitl it Go City Planner RG:LW:ns Attachments: Exhibit "A" - General Plan Map Initial Study Planning Commission Staff Report - October 4, 1983 Correspondence • Resolution of Approval of General Plan Amendment 430 0 • • General Plan and Development District �! 1 N �. ME L -M Ahiar "A AV 1 i RIAL L � ��11111 _.1111111 .�. 11111 v 1111!1 n LJ \I • CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: Octo)er 4, 1983 TO: Chairman and Members of the Planning Commission FROM: Rick Gomez, City Planner BY: Curt Johnston, Assistant Planner SUBJECT: STAFF REPORT NO. 4 - DRAFT DEVELOPMENT CODE CCCAA,101tr 1� r 7$ 197; I. MEETING OBJECTIVE: Tonight's public hearing is a continuation of workshops which began on August 16 for consideration of the Draft Development Code. As the fourth workshop, the objective will be to review the Draft Development District Map and discuss in detail the basic and optional development standards contained within the revised section of Chapter 4. The memo discussing Chapter 4 is attached at the end of this staff report. -II. BACKGROUND TO DEVELOPMENT DISTRICTS MAP: The Development District Map illustrates the proposed an use esignat ions, or zones, to be established in conjunction with approval of the Development Code. The General Plan land use categories are designated on the map in place of the current zoning classifications of R -1, R -2, C -1, C -2, etc. In addition, the name "Development Districts Map" replaces "Zoning Map" Both changes are provided for consistency with other approved land use documents such as the planned communities and the Etiwanda Specific Plan. A discussion of the land use categories and associated issues is provided in the following sections. After approval of the Development Code an official land use map book will be created in conjunction with the Development Districts Map. The map book will be provided by transferring land use designations directly onto Assessor's Parcel Maps. This will eliminate any confusion as to the exact location of district boundaries. In addition, the book can be constantly updated as revised AP maps are prepared by the Assessor's office. III. DISTRICT CLASSIFICATIONS: esidentia he residential district boundaries shown on the Development Districts Map, as with all other categories, follow the General Plan designations to the extent possible. Slight variations occur in order to follow existing property lines wherever possible. ;tJL STAFF REPORT NO. t( DRAFT DEVELOPMENT CODE r October 4, 1983 Page 2 • As discussed at previous workshops, Medium Residential range was narrowed in -the Development Code to permit a density range of 8 to 14 dwelling units per acre versus 4 to 14 dwelling units per acre as shown on the General Plan. Therefore, if property shown on the General Plan as Medium is also designated on the Development Districts Map as Medium, development of the property within the 4 to 8 dwelling unit range will be precluded. In light of this, the Commission may determine that some properties shown as Medium on the General Plan may be more appropriately designated as Low - Medium (4 to 8 du /ac) an the Districts Map to reduce potential land use conflicts. The Low- Medium category of the General Plan permits conventional single family homes, zero lot line units, and townhouses. The intent of this category is to encourage greater housing diversity without changing the single family character of the lower density residential areas. The Medium category of the General Plan (4 -14 du /ac) permits a wider range of housing types from conventional single family homes to multi - family apartments and condominiums. This wide range was proposed to serve as a buffer between low density residential areas and areas of higher density, commercial areas, and areas • with greater traffic and noise levels. Properties which may be more appropriately designated as LM versus M are shown on Exhibits "A -D ". When reviewing each site, staff considered surrounding land use and zoning, parcel size and shape, topography, traffic and circulation, and access. Commercial /Office: The disticts in this category include Re g or oa ommercial (N(;) General Commercial (GC), and Office Professional (OP). OP is shown on the August draft of the map as AP, but will be corrected with the next draft prepared. The most significant boundary changes from the current zoning map in regard to OP include the west side of Haven south of Foothill (currently M -1); the northeast corner of Base Line and Hellman (presently M- 1,R -3, and AP); and the west side of Archibald, north of Base Line (currently R -3). The commercial areas designated NC and GC on the Development Districts Map are very similar to the current zoning map. The most significant change occurs along Amethyst Avenue, north of Base Line. The current zoning in this area is C -2, R -3, and M -1, so revisions are necessary for conformance with the General Plan. C, J .133 STAFF REPORT NO. DRAFT DEVELOPMENT CODE October 4, 1983 Page 3 C. Olen S ace: This category includes Hillside Residential, Open pats e, Flood Control, and Utility Corridor. Hillside Residential and Open Space areas are designated in the northern section of Alta Loma where the natural terrain limits development potential. The largest area of Hillside Residential occurs at the northwest corner of the City, north of Almond between Sapphire and Turquoise. The Flood Control areas are designated along major storm drain channels, drainage courses, retention basins, and property owned by the San Bernardino Flood Control District. One utility corridor is shown on the map running north /south through the Victoria Planned Community. D. 5 ecific plans and Planned Communities: These categories inc ude the Industrial Area Specific Pan, Etiwanda Specific Plan, Terra Vista Planned Community, and Victoria Planned Community. Land use development is guided by those documents, therefore the Development District Map refers to the individual plans as a whole, rather than list the land use designations. One revision to the Industrial Area Specific Plan boundary is recommended. The site is located on the east side of Center Avenue, west of the Deer Creek Channel, between Foothill and Church. Several buildings owned by Data Design Laboratories exist on a portion of the site which is designated on the General Plan as Industrial Park. Considering this area is the only industrial property in the City outside of the ISP boundaries, inclusion in the Industrial Plan will appropriately provide the necessary development standards. After approval of the Development Code, the Industrial Plan will be amended to include this property. For consistency with the General Plan, the designation will be Industrial Park. While the Industrial Plan, Etiwanda Plan, and Terra Vista Plan appear as solid blocks of land, the Victoria Planned Community is broken up on the Development Districts Map. The breaks occur where specific properties were not included in the planned community text, therefore, the land use designations are based on the General Plan land use map. E. Overlay Districts: The Overlay Districts shown on the August d'r—aft of the Development Districts Map include Master Plan, Senibr Housing, and Mobile Home Park. Based on previous Planning Commission consensus, the Mobile Home Overlay District will be eliminated and an Equestrian Overlay District will be added. The Equestrian Overlay District will include property in Alta Loma designated Very Low Density Residential on the General Plan. A31 STAFF REPORT NO. C DRAFT DEVELOPMENT CODE October 4, 1983 Page 4 • One senior housing overlay district is indicated on the map. The site is currently being considered for development by Calmark and is located on the north side of Base Line, west of Archibald. Regarding the Master Plan Overlay District, each area shown on the General Plan as requiring a master plan will also be designated on the revised Draft Development Districts Map to be prepared after the Commission's review. In this way, the master plan requirements will be clearly identified to prospective developers. IV. SPECIAL CONSIDERATIONS: The General Plan land use map designates pub is facilities, including existing and proposed schools and parks; civic uses such as the Community Center and Fire Stations, the Foothill Freeway corridor, the Red Hill golf course, and Chaffey College. Specific development districts for each of the above were not created. Rather, the uses are contained within the various land use categories of the Development Code, and the sites were designated with land use categories similar to surrounding properties. If the Commission determines this is appropriate, no changes to the Development Districts Map are necessary. V. CORRESPONDENCE: one letter has been received to date requesting • reconsi eration of a proposed district classification. As shown on Exhibit "E ", the one acre parcel is located on the south side of Base Line Road, just west of Victoria Park Lane. The owner is requesting a change from Medium Residential (8 -14 du /ac) to High Residential (24 -30 du /ac). Property to the south and wast, within the Victoria Planned Community, is designated as High Density Residential. To the east is the southern terminus of Victoria Park Lane the • and proposed lakes. The General Plan indicates a neighborhood shopping center at the site with High Residential to the west. When the Victoria Planned Community was approved, the neighborhood shopping center was relocated to the north side of Base Line. Based on surrounding land use designations and the location of Victoria Park Lane, staff recommends that the subject property and the small parcel immediately to the northwest be reclassified as High Residential. Re sp'ctf '!Y�mitted, Rick omz City lanner �G:CJ:jr Attachments • A )t • LA ?AFA I LA�01_lk CITY Or ITE.\I:_a�_Pl-:3nK-Te, AA_P RANCHO CUCANIONGA TITLE: LA vv,. M PLANNING DIVISION EXHIBIT -D-I' sc,\LE: NORTH C � Al CITY OF RANCHO CUCA�IO \GA PLANNljNG DIVISK),N I rq� V V NORTH C is ITENu DW. -P)eA=rS 0 TITLE "s M ,q • EXHIBIT: September 19, 1984 o? �i 5 Q m5 y 2 City of Rancho Cucamonga City Planning Division 9340 Base Line Road, Unit B Rancho Cucamonga, California 91730 Reference: General Planning Amendment 8403 -D Dear Sirs: • As owners of the property in question, we are very concerned that you are considering down zoning the property which would require us to build only single family dwellings, at best, on the 15 acres. When we purchased the property at its present zoning of medium density residential our purchase prices were based on our ability to build more units than you are suggesting. Please carefully consider our proposal for apartment units in a planned community recreation oriented development. We feel that this will blend well with the adjacent industrial, commercial, and present residential zoning. Respectfully yours, CRDAPALA CORPORATION DOVETAIL PROPERTIES Mr. and Mrs. Jess Groomer Larry DeCrane Owner /Representative LD /js • '2st . CITY OF RANCHO CUCAMONGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $87.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no signi- ficant environmental impact and a Negative Declaration will be filed, 2) The project will have a significant environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informa- tion concerning the proposed project. • PROJECT TITLE: General Plan Amendment 84 -03 -0 P APPLICANT'S NAME, ADDRESS, TELEPHONE: City of Rancho Cucamonga, P.O. Box 807, Rancho Cucamonga, California 91730 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING THIS PROJECT: Rick GDmez_ City Planner. (714) 9R9 -1851 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PARCEL NO.) LIST OTHER PERMITS NECESSARY FROM LOCAL, REGIONAL, STATE AND FEDERAL AGENCIES AND THE AGENCY ISSUING SUCH PERMITS: I -1 Aye PROJECT DESCRIPTION ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, IF ANY: tc R ..,910 'imily home 0 DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): Is the project part of a larger project, one of a series of cumulative actions, which although individually small, may as ,a whole have significant environmental impact? No. . • I -2 14/ HILL THIS PROJECT: YES NO 1. Create a substantial change in ground contours? y _ 2. Create a substantial change in existing noise or vibration? i 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existing zoning or general plan designations? _ X 5. Remove any existing trees? How many? X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers above: •projpct cnn istg of General Plan Amendment _- • IMPORTANT: I£ the project involves the construction of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be required to be submitted before an adequate evaluation can be made by the Dey lopmlent�,Review Committee. Date Signature T 1-3 >41W � t CITY OF RANCHO CUCA.MONGA • PART II - INITIAL STUDY ENVIRONnNTAL CHECKLIST DATE: 411 e I PA APPLICANT: CCU �7 7X'�I�({((J //irl'n'morlG/a FILING DATE: /L /�/j22 LOG NUMBER: PROJECT; 6P/T 7i.J'Gf -U -� / .y PROJECT LOCATION: ZV1-1 c111Vd/L t{�1�( /(/,.FCeL ((1f� 4r d� I. ENVIRONENTAL FACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO 1. Soils and Geology. Will the proposal have • significant results in: a. Unstable ground conditions or in changes in 2. Hydrology. Will the proposal have significant results in: s93 geologic relationships? b. Disruptions, displacements, compaction or burial of the soil? X c. Change in topography or ground surface contour intervals? X d, The destruction, covering or modification of any unique geologic or physical features? N e. Any potential increase in wind or water erosion of soils, affecting either on or off site conditons? f. Changes in erosion siltation, or deposition? _ A g, Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? X h. An increase in the rate of extraction and /or use of any mineral resource? • 2. Hydrology. Will the proposal have significant results in: s93 " % C l Page 2 YES IMSE SO a. Changes in currents, or the course of direction of flowing streams, rivers, or ephemeral stream channels? %f b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? ,_ X d. Change in the amount of surface water in any body of water? i e. Discharge into surface waters, or any X alteration of surface water quality? f, Alteration of groundwater characteristics? g. Change in the quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? X Quantity? h. The reduction in the amount of water other- • wise available for public water supplies? J. Exposure of people or property to water Y related hazards such as flooding or seiches? 1_ _ 3, Air Quality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or indirect sources? x Stationary sources? b. Deterioration of ambient air quality and /or interference with the attainment of applicable air quality standards? X c. Alteration of local or regional climatic conditions, affecting air movement, moisture 1t or temperature? 4. Biota Flora. Will the proposal have significant results ini • a. Change in the characteristics of species, including diversity, distribution, or number of any species of plants? b. Paductlon of the numbers of any unique, rare or endangered species of plants ?,yy �_ % \ Page 3 \ \ YES MAYBE NO c. Introduction of new or disruptive species of • plants into an area? X d. Reduction in ti,e potential for agricultural production? X Fauna. Will the proposal have significant results in: a. Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? X b. Reduction of the numbers of any unique, rare or endangered species of animis? c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration or removal of existing fish or wildlife habitat? 5. Population. Will the proposal have significant results in: a. Will the proposal alter the location, distri- • bution, density, diversity, or growth rate of the human population of an area? — b. Will the proposal affect existing housing, or create a demand for additional housing? V L 6. Socio- Economic Factors. Will the proposal have significant results in: a. Change in local or regional socio- economic characteristics, including economic or commercial diversity, tax rate, and property values? l� b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, tax payers or project users? 7. Land Use and Planning Considerations. Will the proposal have significant results in? a. A substantial alteration of the present or planned land use of an area? b. A conflict with any designations, objectives, policies, or adopted plans of any governmental • entities? -- c. An impact upon the qulaity or quantity of existing consumptive or non - consumptive v rerrnational opportunities? _ sy,r .ZyL Page 4 YES MAYBE NG 8. Transportation. Will the proposal have significant • results in: a. Generation of substantial additional vehicular movement? X b. Effects on existing streets, or demand for new street construction? K C. Effects on existing parking facilities, or demand for new parking? X d. Substantial impact upon existing transporta- tion systems? X e. Alterations to present patterns of circula- tion or movement of people and /or goods? X f. Alterations to or effects on present and Potential Water- borne, rail, mass transit or air traffic? X g. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? X • 9. Cultural Resources. Will the proposal have significant results in: a. A disturbance to the integrity of archaeological, paleontological, and /or historical resources? X 10. Health, Safety, and Nuisance Factors. Will the proposal have significant results in: a. Creation of any health hazard or potential health hazard? �( b. Exposure of people to potential health hazards? c. A risk of explosion or release of hazardous substances in the event of an accident? �( d. An increase in the number of individuals or species of vector or pathenogenic organisms or the exposure of people to such organisms? x e. Increase in existing noise levels? X f. Exposure of people to potentially dangerous noise levels? X The g. creation of objectionable odors? X h. An Increase in light or glare? x .ZyL CPage 5 YES MAYBE NO 11. Aesthetics. Will the proposal have significant results in: a. The obstruction or degradation of any scenic vista or view? x b. The creation of an aesthetically offensive site? x c. A conflict with the objective of designated or potential scenic corridors? _ y 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a. Electric power? (L b. Natural or packaged gas? c. Communications systems? __ x d. Water supply? ,L e. Wastewater facilities? • f. Flood control structures? __ g. Solid waste facilities? X h. Fire protection? __ K 1. Police protection? __ x J. Schools? k. Parks or other recreational facilities? 1. Maintenance of public facilities, including roads and flood control facilities? m. Other governmental services? _- X 13. Energy and Scarce Resources. Will the proposal have significant results in: a. Use of substantial or excessive fuel or energy? L( b. Substantial increase in demand upon existing sources of energy? c. An increase in the demand for development of • new sources of energy? _ k d. An increase or perpetuation of the consumption of non - renewable forms of energy, when feasible renewable sources of energy are available? JLM7 l i page 5 YES MAYBE NO e. Substantial depletion of any nonrenewable or scarce natural resource? Y 14. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species. cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory ?, b. Does the project have the potential to achieve short -term, to the disadvantage of long -term, environmental goals? (A short -term impact on the environment is one which occurs in a relatively brief, definitive period of time while long- term impacts will endure well into the future). c. Does the project have impacts which are individually limited, but cumulatively considerable? (Cumulatively considerable means that the incremental effects of an individual project are considerable when viewed • in connection with the effects of past projects, V and probable future projects). 1 d. Does the project have environmental effects which will cause substantial adverse effects X on human beings, either directly or indirectly? II. DISCUSSION OF 14I1'IAONNENTAL EVALUATION (i.e., of affirmative answers to the above questions plus a discussion of proposed mitigation measures). • 2141 ( { Page 7 III. DETERMINATION On the basis of this initial evaluation: • I find the proposed project COULD NOT have a significant effect an the environment, and a NEGATIVE DECLARATION will be prepared. _ I find that although the proposed project could have a significant Ueffect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION WILL HE PREPARED. I find the proposed project MAY envlrnment, and an E.YVIRONME.YT Date 2,4 Aft • • ( i • 11. Discusstion of Environmental Evaluation 2. Hydrology i. As indicated on the 1984 Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map, the portion of the project site located adjacent to Hellman Avenue and the entire southern parcel is located in an area of 100 year flooding. The site has traditionally experienced flooding although it has been reduced by improvements to Cucamonga Creek and Hellman Avenue. Major flood control improvements would be required to develop one or all of the subject parcels. 5. Population a. Although the project site is currently vacant, under the Medium Density Residential designation, development could occur at a density of 14 units per acre. Under the proposed General Plan designation of Low Medium Density Residential, the highest density allowed would be 8 units per acre, thereby limiting the potential increase in residential population. In addition, the low- medium density creates a different pattern of development than the medium density, generally with a single family attached or detached product, rather than the multifamily product associated with the medium density. • All of the above impacts can be adequately mitigated through the use of appropriate design controls and site improvements, in order to safely and attractively develop the property under the proposed density n U xro RESOLUTION NO. #0- 00-4'+it Ff -A a e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN WHEREAS, the City Council has held a duly advertised public hearing to consider all comments on the proposed General Plan Amendments 84 -03 -8, 84- 03-C, 84 -03 -0. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council does hereby approve the following amendments to the land use element of the General Plan. SECTION 1: The General Plan Land Use Map shall be amended as follows: APN 207 - 211 -04 through 10, 17 through 20, 35, 37, 38, 43, 44 currently designated as Medium Density Residential /General Industrial shall be changed to Industrial Park for 18.8 acres of land located at the • southeast side of 9th and Baker. APN 207- 222 -08 currently designated as Low Density Residential shall be charged to Low Medium Density Residential for 4.8 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets. 0 APN 209 - 161 -04, 16, 23 and 210- 341 -72 currently designated as Medium Density Residential shall be changed to Low Medium Density Residential for 15.8 acres of land located on the west side of Hellman south of 7th Street. SECTION 2: A Negative Declaration is hereby adopted for these General P an endments, based upon the completion and findings of the Initial Study. 2r) • ORDINANCE NO. 237 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA,. REZONING ASSESSOR'S PARCEL NUMBER 201 - 221 -08 LOCATED AT THE NORTHWEST CORNER OF 19TH STREET AND BERYL FROM "MHv to -M^ The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezoning is consistent with the General • Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. D. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. i0 SECTION 2: The following described real property is hereby rezoned in the manner stated, and the development district map is hereby amended accordingly. Assessor's Parcel Numbers 201 - 221 -08, approximately 4.96 acres of land located at the northwest corner of 19th Street and Beryl Avenue is hereby changed from MH (14 -24 du /ac) to M (8 -14 du /ac). 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 Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of November 1984. ara. ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 201- 101 -07, 11, 21 (IN PART ONLY), AND 22 LOCATED NORTHSIDE 19TH, BETWEEN ARCHIBALD AND AMEHTYST FROM -MR- TO "Me. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezonig is consistent with the General Plan of the City of Rancho Cucamonga. C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. D. This rezoning will have no significant environmental Impact as provided In the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the development district map is hereby amended accordingly. Assessor's Parcel Numbers 201- 101 -07, 11, 21 (in part only) and 22 approximately 15.75 acres of land, located on the north side of 19th Street between Archibald Avenue and Amethyst Avenue is hereby changed from MH (14 -24 du /ac) to M (8 -14 dulac). 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 Daily Re ort, a newspaper of general circulation published in the City of n ar o, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. 2ss • ORDINANCE NO. 239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202- 191 -13, 14, LOCATED AT THE NORTHEAST CONNER OF 19TH STREET AND HERMOSA AVENUE, FROM "OP' TO LOW- MEDIUM The City Council of the City of Rancho Cucamonga, California, does ordain as followst SECTION is The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, Yellowing a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. • C. That this rezoning is consistent with the objectives of the Development Code of the City of Rancho Cucamonga. D. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The following described real property is hereby rezoned in the manner stated, and the development district map is hereby amended accordingly. Assessor's Parcel Numbers 202 - 191 -13, 14, approximately 5.04 acres of land located at the Northeast corner of 19th Street and Hermosa Avenue is hereby changed from OF to LOW- MEDIUM. 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 Dail Re rt, a newspaper of general circulation published in the City of Ontario, Cali ornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 7th day of November, 1984. • IaM ORDINANCE NO. 230 M ORDINANCE OF THE CITY OF RANCHO CUCAMOMOA, CILlnBNIA, AMWTRG THE RANCHO CUCAMONCI MUNICIPAL CODE PERTArMUNG TO THE REGULATION OF AMBULANCES. Tha City Council of the City of Poncho Cuoaaonp, California, does ordain an follwo. SECTION 1, The Reagan Cucuoop Municipal Code is hereby vended to read as fo we. 'Chapter 1. Aatulances -Son. 4.1.01. Doflnitlone. Unless otherulm stated, voede and Ceres are defined sus follwa: (a) AMBULANCE. The tam 'aaDulance' rasa any vehicle specially constructed, sex ifiec or equipped, and used for the purpose of transporting aick, inured, canoleesent, infira or otherwise incapacitated pomades and watch is equipped with eserpnoy signaling devices (sash u red 110t and alnn) or which in auaGect to licensing by the California RighoY Patrol as an ssmuleace. (m) AMBULWE SERVICE OPERATOR. The ten 'ahuiache servlce operator' Room any parson alto owns or operates oce or gore uyleacaa. (a) COUNCIL. The tam 'Council' cans the City Council of the City of Reagan Cucamonga. • (d) CLASS OF SERVICE. The tar. 'Class of Service' reas the level or Jowls of aceplexity of field errpny eedinal servlou and will he specified as hasic life support provided by Brrgency Medical Technician (ERT -1A) psraowal 000foraint to California Poalth and Safety Code, Section 1760 (t), full advanced life support provided by Gllforale licensed pyaiolas or by pamoodim and awhile intensive eon nurew partified by the County Health Oftimr under California Health and Safety Cods, Section 1481. (e) CITY. TM tan 'City' "we the City of Rancho Cucsaunp, California. (t) CITY MMAGER. The ten 'City Muupr' Room the City Manager of the City of Rancho Cum000p, or hie designee. (a) COUNTY. The tan 'County' "an* the County of San Bernardino, California. (h) COUNTY REALTH OFFICER. no taro 'County Health Officer' Name that person drlpated as such by the County of San HernardidO. (1) ERBOERCY CALL. The tens 'trnpncy Call' is a request for the dispatch of M ambulance to transport or provide other afaisteace for a person haw apparently has a sudden or unforwaen need of sedical attention. (J) EMERGENCY SERVICE. The tan 'Eseergmoy Service' ram the functions parforRod In response to an aderSMOY hall. (k) PATIET. The tan 'Pati rat' Roane a sick, injured. wounded, invalid, expectant author, oonvalerrt, or otherviea incapacitated person. • (1) PERSON. The tare 'Person' Includes hay individual partnership, fin, corporation, awcatation, goverrostal aMOY or other group or nomination ect1R9 Ro a unit. 2ser Ord inawe Mo. 230 Page 2 (M) BASIC LIFE SUPPORT (BLS) AMBULANCE. The term 'BLS • Ambulance' Means an ambulance which has equipment and supplies as specified by Title 13, California Administrative Code. ) AE LIFE SUPPORT SUPPORT(LALS) ANBUL t rANCE. The m AAL) R S or LALS LIMITED ADVANCED l Ambulance- mans an ambulance which has additional equipment and supplies as specified by the County Health Officer. (o) MOBILE INTENSIVE CARE (MIC) PARAMEDIC. The tern 'MIC Paramedic' Means a person specially trained in the provision of emmgency cardiac and nonaardiac care appropriately certified by the County Health Officer. (p) MOBILE INTENSIVE CARE (MIC) NURSE. The term 'MIC nurse' Means a nurse who has ben certified by the County Health Officer as qualified in the provision of emergency cardiac and noncardiac care in the issuance of emergency instructions to MIC paramedics. (q) PERMITTEE. The term 'Permittee' means any person who possesses a current City permit to act as an ambulance service operator. (r) CODE 3. The term 'Code 3' means the period when an ambulance is traveling to or from a patient pick -up point using red lights and /or sirens and is traveling in such a manner as to reach its destination in the shortest possible time. .— ?'Sec. 0.1.02. Permits: Required It shall be unlawful for any person, either as Omer, employee or otherwise, to operate an woulance, or to "gage in business as an ambulance service operator, upon the streets or any public way or • place in the City except In conformance with a valid City permit to operate an ambulance service. (a) EXCEPTIONS. The equipment and Personnel standards specified in this chapter apply to all ambulance agencies; however, the licensing and permit requirements shall not apply to: (1) Publicly owed ambulances; or, (2) Vehicles operated as ambulances at the request of local authorities during any 'state of war emergency,' duly Proclaimed 'state of emergency' or 'local emergency,' as defined In the California Emergency Services Act (Chapter 7 of Division I of Title 2 of the Government Code), as amended. "Sec. 4.1.03. Permit Fees. Permit fees shall be those which are, from time to thee, set by the Council. All permits shall be Issued to empire on dune 30 of each year. "Sec. 4.1.00. Application for a Permit or Renewal of a Permit. (a) PROCEDURE AND INFORMATION REQUIRED. Prerequisites to the issuance of a permit or renewal of a permit for an applicant shall Include the filing with the City Manager an application In writing m a form to be furnished by the City Manager, which shall provide the following minimum information: (1) Nan and description of applicant. • Y A % Ordinance Me. 230 Page 3 . (2) Business address and residence address of any individual applicant. A s9 (3) The name under which the ambulance service will do business. (4) If a corporation, a Joint venture, a partnership or limited partnership, the names of all partners, or the names of corporate officers, their residence addresses and their percentage of Participation in the business. (5) A verification that the applicant is equipped to and 7 will provide ALS paramedic service at all times In the City. (6) A statement In renewal applications that the applicant ems or has under his control required equipment to adequately conduct an ambulance service in the City, which aeets the requirements established by the Californs Vehicle Code, and that the applicant ems or has access to suitable and Safe facilities for maintaining his ambulance service in a clean and sanitary condition. When an initial application is submitted, a statement that the applicant will own or will have under his control required equipment to adequately conduct an ambulance service In the City, which meets the requirements established by the California Vehicle Code and that the applicant will own or will have access to suitable and safe facilities for maintaining his ambulance service in a clean and sanitary condition. Both initial and renewal applications most contain a statement that the applicant will maintain (Station) at least one ,AA" 4 1pped ambulance within the geographical boundaries --�p tY. afttbn ya The - -11t nt -must establish to the ,yLi(ieSi �i reasonable sates tttalf uT Ne TCity�fana4M -that the applicant has adequate ca-1 lity to 'back up' or a__u, 111; such ALS equipped ambulance it it is not immediately AV a to respond to a call • therefor. (7) A list for renewal apsubstitute amended as required during the year for any changed, substituted, loaned or leased vehicles, giving a description of each ambulance vehicle scant, c operated by Me applicant, covering a list of the internal equipment carried by each ambulance, including LM patient capacity thereof, and a copy of the most recent Ambulance Inspection Report issued by the California or litornia Highway Petrol for each vehicle. When an initial application is submitted, a lest, amended as required during Me year for any changed, substituted, loaned leased vehicles, giving cap vehicle description of each ambulance vehicle to be operated by the applicant, covering a test of the internal equipment carried by each eu including the patient capability thereof, and a copy of the tie most recent Ambulance Inspection Report issued by the California Highway Petrol for each vehicle spelt he provided to the City manages prior to the start of ambulance operation. t (B) M affirmation for renewal applications that each permitted rMulance and its appurtenances conform to all applicable provisions of this Ordinance, the California Vehicle Code, the California Administrative Code and any other State, County or City applicable directive. When ag initial application Is submitted, and affirmation that each permitted ambulance and its appurtenances conform to ail applicable provisions of this chapter, the California Vehicle Code, the California Administrative Code, and any other State, County or City applicable directive shall be provided to the City Manager prior to the start of ambulance operations. (9) A statement for renewal applications that the APPlcant employs sufficient personnel adequately trained and avaiiable to deliver emergency ALS paramedic ambulance services of good quality at all times In the City. When an initial application is submitted, a statement that the applicant will employ sufficient • persoanal adquately trained and available to deliver emargerlay ALS ambulance services of good quality at all times. A s9 Ordinance go. 230 Page 4 (10) A 11. 'or maeval applications giving a description . of the level of tre 19 for each ambulance employee and • copy of each cartifluta license issued by the State and County establishing gnelificetiote of Such personnel in ambulance operations. When an initial application is submitted, a list, amended as ranulred during the year for any personnel changes, giving description of the level of training for emeb ambulance employee and • copy of each certificate or license issued by the State end County establishing qualifications of such personnel in ambulance operations mull be provided to the City Manager prior to start of ambulance operation. (11) A statement, in m Initial application, that shows to the satisfaction of the City Mmnegar that the issuanee of a permit is In the public interest and there Is a need for a permit to te issued, I. that turn Ss a requirement for astulanne Service Mich can he legally serviced by the applicant. (12) A statement signed by the applicant that as a condition of the City Issuing a permit, applicant agrees to appear and defend all actions againat the City arising out of the exercise of said permit, and shall Indee mify and save the City, its officers and employees and agents harmless of and from all claim, demands, actions, or causes of satiate of every kind and description resulting directly or indirectly, arising out of, or in any way connected with the exercise of this perelt. "Sea. 4.1.05. Investigation by City Manager. Upon receipt of a completed initial (non - renewal) application, the City Manager shall Conduct an Investigation to determine if the applicant seats all requiramenta of this Ordinance. Upon completion • of his investigation, the City ,Imanr Shall recommend to the Council that a permit be, granted or denied. The determination of the Council Shall be made after a public hearing upon the qualifications of the applicant. -Sm. 4.1.06. Issuance or 0enID1 of permit. (a) The City Council may ardor the issuance of a new permit to conduct an ambulance Service in the City upon finding that the applicant masts all requirements of this Ordinance. (b) The Council may order the dental of a permit if It finds (1) That the application iS not Sn the form and doe, not contain the information required by the provisions of this chapter; (2) That the vehicles described in the application am Inadequate or unsafe for the purposes for which they are to be meal (3) Tut the color scheme, nun, monogrom, or insignia to be used upon such vehicles is in conflict with or imitate, my color scheme, none, gonograe, ar insignia used by my person so a to be alaleading or tend to deceive or defraud the public. (c) The Cvmcil my order the denial of a permit if the applicant or my partner, officer or director thereof, (1) Was previously the holder of a City permit, which permit was revoked or suspended and the tens or conditions of the suspension have not been fulfilled or corrected. (2) Is comitting my act, which, if connetted by my • permittee, would he grounds for the suspension or revocation of a permit issued pursuant to this Ordinance. art Ordinance Mo. 230 Page 5 (3) Has committed any act involving dishonesty, fraud, or deceit whereby another is injured or where the applicant has benefited. (4) Has acted as an ambulance service operator in the City without possessing a valid permit therefor. (5) Has aided or abetted my person to violate any provision of this chapter or any prior ambulance ordinance. (6) Makes any false or misleading statement upon any application, or during the course of any Investigation, required or permitted by this chapter. (c) BONDING OF APPLICANT. Before my permit is issued under the provisions of this Ordinance, the Council shall require the applicant as a condition to the issuance of the permit to post with the City Clerk a cash bond in the S of Twenty Five Thousand Dollars ($25,000.00) or a surety bond in the Sane amount furnished by a corporation authorized to do business in the State of California, payable to the City. The bond shall be conditioned upon the full and faithful performance by the permittee of his obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. (d) LIABILITY IMSUBANCE. The permittee shall obtain and keep in force during the term of said permit public liability and bodily Insurance issued by a company authorized to do business in the State of California insuring the owner, and also naming the City as an additional insured of such ambulance against loss by reason of Injury or damages that may result to persons or property from negligent • operation or defective construction of such ambulance, or from violation of this Grdinance or of any other law of the State of California or of the United States. Said policy shall be in the sum of not less than Four Million Dollars ($4,000,000.00) for personal injury to or death of any one person In any single accident; and the limits of each such vehicle shall not be less than Four Million Dollars ($4,000,000.00) for damages to or destruction of property in any one accident. Workers' Compensation insurance shall be carried covering all employees of the periatee. Copies of the policies or certifcates evidencing such policies shall be filed with the City Clerk. All policies shall contain a provision requiring a thirty (30) day notice to be given to the City Clerk prior to cancellation, modification or reduction of limits, a "Sec. 4.1.07. Content of Permit. The permit shall specify the Was of Issuance and of expiration, the number of amulance units to be used by the permittee and any special conditions regarding communications, equipment and personnel deemed appropriate by the City Council. "Sec. 4.1,08, Pamndment of Permits. t Upon request by the permittee, the may amend the conditions specified In a permit if he fin sfin s ssted changes to be in substantial compliance with the Provisions of this Chapter. Such amendment shall not affect the expiration date of the existing permit, nor shall it authorize a change In wnership from that specified in the original permit. As7 Ordinance No. 230 Page 6 -Sec. 4.1.09. Renewal of Permits. . (a) Permits shall be renewed annually by the City Manager upon application of the pemittee, if the permit holder proposes no substantial change in the content of the permit, and if the City Manager determines that the pemit holder has, during the period of the expiring permit, operated in substantial conformity with the provisions of this Ordinance and the rules and regulations of the City, and that he is capable of continuing operation in confomity with the rules and regulations of the City. (b) Unless good cause can be shown by the permittee, it shall be a valid basis for non - renewal of a permit if the permittee has not, during the preceding permit period, had a Code 3 response time —� to at least 95% of its emergency calls of eight (8) minutes or less. Said response time being measured from the time the permittee received the request until the permittee's ambulance actually arrived at the location for which the service was requested. (c) if the renewal application proposes a substantial change in the content of the permit, the application shall be processed as a new application pursuant to sections 4.1.05 and 4,1.06 of this chapter. 'Sec. 4.1.10. Suspension and Revocation of Permits. The City Manager shall be empowered to suspend or revoke the permit issued under the provisions of this Chapter to operate an ambulance service, when it has been found after investigation that the permittee or any partner, officer, or director; (a) Violates any section of this chapter or any rules or regulations that are promulgated by the City which relate to his • permit activities. (b) Is convicted of any offense relating to the use, sale, possession, or transportation of narcotics or habit fuming drugs. (c) Commits any act involving dishonesty, fraud, or deceit whereby another is inJured, or whereby the permittee has benefited, or any act involving moral turpitude. (d) Has misrepresented a material fact in obtaining a permit, or 1s no longer adhering to the conditions specified in his application. (e) Aids or abets any person who violates the provisions of this chapter. (f) Fails to make and keep records showing his transactions as a permittee, or fails to have such records available for inspection by the City Manager or his duly authorized representative for A period of not less than three years after completion of any transaction to which the records refer, or refuses to comply with a written request of the City Manager or make such record available for inspection. (9) Accepts 10 emergency call when either unable or unwilling to provide the requested service or fails to inform the person requesting such service of any delay end fails to obtain the consent of such person before xausing an ambulance to respond from a location more distant than the one to Which the request was directed. (h) Nlure, witikout adequate Jus iflcat4 to continuously pro MIC amedic deergency Strvlce r.e �uoys period of • / more L n 24 he \\ V ,I`0 Ordinance IM. 230 Page 7 • .'� (1) Falls to notify the Fire Department of a request for emergency ambulance service. ,I (d) Operates an ambulance demoted as a paramedic unit by wording or lettering on the unit without qualified MIC personnel and equipment in the vehicle. (k) During any validation period of not less than thirty (30) days', failure of permittee to respond to 95% of Code 3 calls within eight (8) minutes or less will be sufficient grounds for revocation of permit. "Sec. 4.1.11, Suspension. Conditional Operation, and Temporary Vv an<e. In the event of a change in ownership of any kind or naturyq�yyny ��✓- interruption of servic - amaa4mOr c�"f or any substantial ch a In staffing or equipment of the ambulance service, which causes the ambulance service to be carried out differently than specified in the current operating permit, the permittee shall notify the City Manager immediately in writing, stating the facts of such change. (a) Upon request by the permitted, the City Manager may grant a temporary variance In writing from the condition specified in the original permit if he finds that such change Is In substantial compliance with the provisions of this Chapter. If the City Manager finds that such change is not in substantial compliance with this Ordinance, he may suspend, revoke, or amend the permit by written notice. In all cases when a change of ownership occurs in an ambulance service, an application for a new permit shall be filed . with the City Manager within thirty (30) days. In no case shall any temporary variance be valid for more than sixty (60) days without written approval of the Council, "Sec. 4.1.12. Appeal Procedure. If the renewal of a permit is denied by the City Manager or if the City Manager suspends or revokes a permit, the permitee shall be given written notice specifying not only the action taken, but in the event of a suspension or revocation, the effective date thereof, which shall be not less than fifteen (15) days after the date of said notice. Such notification shall be by registered or certified mail. (a) Within ten (30) days after the date of such notification, the permitted may request a hearing before the City Manager. Such request most be in writing to the City Clerk. If such request is timely made, the effective date of any denial, suspension or revocation shall be extended until fifteen (15) days following the City Manager's action upon said request. The City Manager may, after suchd hearing, affirm, modify, or set aside the original decision. (b) If, after the hearing provided for above, the City Manager denies the renewal of or suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Council. A request for a hearing shall be made In writing to the City Clerk within % fifteen (15) calendar days following the denial, suspension, revocation or non - renewal of the permit. Upon receipt of a written request, the City Clerk shall set the matter for hearing on a date not more than sixty (60) days following receipt of the written request and give notice to the appellant, the City Manager, and any other interested persons who may present evidence, relevant to the decision of the City Manager. Within thirty (30) days following the a&/ Ordinance No. 238 Page 8 conclusion of the hearing, the Council shall make findings and issue • its order, whether or not the permit should be issued or t1w suspension or revocation sustains. (c) During the time available to request an appeal, and at any time before the appeal to the Council shall have become final, the effect of such non - renewal, suspension or revocation shall be stayed. (d) Notwithstanding any other provisions herein contained to the contrary, the City Manager shall he empowered to effect an immediate suspension of a permit without delaying the effective date thereof if he first finds the continued conduct of such permitted is so far removed from compliance with this Chapter or the general welfare of the citizens of the City as to ,justify such immediate action. (e) Any permittee who has such immediate suspension action taken against it shall have a hearing scheduled before the City Manager within seven (7) working days of such suspension. "Sec. 4.1.13. Emergency Service Requirements. Each permittee shall provide emergency MIC paramedic ambulance service on a continuous twenty -four (24) hours per day basis. "Sec. 4.1.14. Conformance with Permit Ordinance. No ambulance operator shall provide ambulance service for ambulance calls originating- within the City unless he shall first have a valid City permit. "Sec. 4.1.15. Standards for Dispatch. Each ambulance service receiving an emergency ambulance request — shall dispatch sn ambulanCe in compliance with the procedures identified in Title 13, California Administrative Code. If an ambulance Is not available for Immediate dispatch, the procedures identified in Title 13, California Administrative Code, shall be complied with. (a) The Fire Department shall be immediately notified of any emergency ambulance request. -Sec. 4,1.16. Ambulance Safet and Emergency Equipollent ras. equ ren Ambulances shall be maintained at all times in good mechanical repair and in a clean and sanitary condition. (a) MINIMUM EQUIPMENT. All ambulances shall be equipped with all safety and emergency equipment required for ambulances by the California Vehicle Code and the California Administrative Code and administrative rules of the County Health Officer as the same are now written, or hereafter amended. (b) ALS AMBULANCE EQUIPMENT. In addition to the regular ambulance equipment and supplies, any ALS ambulance shall also be equipped as required by the valid administrative rules of the County Health Officer. (c) MAINTENANCE OF EMERGENCY EQUIPMENT NIB SUPPLIES. Dressings, bandaging, instruments and other medical supplies used for can and treatment of patients will be protected so they are Stella when ready for use, aat i I Ordinance No. 230 Pate 9 "Sea. 40.17. Ambulance Personnel. Every person who drives an sabulaoca within the Clty, while reapoMlog to eesrtenay calls, shall comply with the requirements in the California Adainistrative Code for ambulance drivers. The driver of an ambulance shall be trained and coapeteot is the proper now of all eae'peacy equlpaeat required by this OrdloNCe. The driver shall also hold a oartificate of at lust am RNT -1A talus the sabul•nee service operator haw bead specifically exempted fra this r4quirwnt by the Council. (a) AMMILAME ATTENDANT. M ambulance attendant shall be trained and CCapeteat in the proper ume of all emergency equipment required by this Ordinance, and Shall held the required certlfloation of at least an ENT-U. If the vehicle is being used as N AW amhlanoe, at least One attendant shall hold a certificate as an MIC paramedic issued by the Realth Officer for ALS ambulance. (b) ATTMINT REQUIRED. Each ambulance being operated within the City, in response w an emergency call, shall W staffed by both • driver and WC yahmmaaib. The IRC ym4vr01a of an ambulance responding to N emerMoy call small occupy the patient compartment vhile transporting any person in apparent need of medical attention. N ambulance driver or ambulance attendant who is • California licensed physician or N MIC nwae certified by the Coonty Realth Officer, shall W ...apt from the ...Sandy medial training require.ot of this salon. This section shall not apply during any 'state of Wargeny' or _- 'IxQ 4mMmy' as defined in the Government Code of the State of California. • "Sec. tl.1.18. Continuation of Call. • An sabulance based ass properly licensed outside the City but not licensed by the City shall be authorized to transport a patient to or through the City, but stall not be authorized to transport patients originating in the city. -Sac. 4.1.19. Emergency and Disaster Operations. During any 'state of wan emergency,' 'state of emergancy,' or 'local emergency' . defined in the California Emergency Servld. Act (Chapter 7 of Division 1 of Title 2 of the Coveramant Code), as amended, each ambulance **nice operator shall provide equipment, facilities, and personnel as required by the City Manager, "Sec. 4,1.20. User Complaint I'MC44u1,48 . My user or subscriber to N ameulance service contaMMg that he has been required to pay N excessive charge for service or that he has received unsatisfactory *."Lee$ say file • written ocepl•int with the City Manager setting forth such allegations. The City Manager shall notify the affected permittee of such oaplAint, and shall investigate the utter to determine the validity of the oceplaint. If the caplednt is detervlosd to be valid, the City Manager shall take a reasonable and proper cotton Lo secure capliama with the conditions of this Ordinance. Word "Attendant" changed to "MC Paramecia" on 10- 17 -84. er ` 3 Ordinance No. 230 Page 10 -Sec. 4.1.21. Enforcement Responsibilities. • (a) The City Manager shall make all necessary and reasonable rules and regulations subject to the approval of the Council covering ambulance service operation, ambulance equipment, ambulance vehicles, ambulance personnel, and for the effective and reasonable administration of this Ordinance. (b) The City Manager shall inspect the records, facilities, vehicles, equipment and methods of operation whenever such inspections are deemed necessary. -Sec. 4.1.22. Excused performance. No operator shall be deemed to be in violation of its permit if it shall fail to provide, either in whole or in part, the services otherwise required of it if such performance is prevented by any of the following: (a) Acts of God; (b) Labor strikes or disputes; (c) Intervention of any government body; or (d) Any force reasonably beyond the control of the operator. SECTION 2: The City Council hereby declares that it would have adopted this r nano and each section, suDSettion, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof be declared invalid or unaonstitutuimal, if for my reasons my portion of this Ordinance shall be declared invalid or unconstitutional, than all other provisions thereof shall remain in full force and effect. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall AttesE�EFe smee, and the City Clerk shall cause the Ordinance to be published within fifteen (15) days after Its passage, at least once in The DailyRe Report a newspaper of general circulation, published in the City nta��p, aml circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this ` day of _, 1984. AYES: NOES: ABSENT: ATTEST: on 0. Mikels, Rayor very A. Authelet, City Clark Aiel C 4WIA 1 1// M E M O R A N D U M TO: Lauren M. Wasserman, City Manager FROM: Robert E. Dougherty, City Attorney DATE: October 26, 1984 RE: Ordinance Prohibiting Interference with Police Dogs The enclosed Ordinance is per your request. By creating Chapter 9.16 of the Municipal Code, we now have a place where odds and ends such as this which come along in the future can be put. RED:sjo Enclosure .7 G 4r L ORDINANCE NO. St of 3 AN ORDINANCE OF THE "CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 9 OF THE RANCHO CUCAMONGA MUNICIPAL CODE BY ADDING CHAPTER 9.16 THERETO ENTITLED "MISCELLANEOUS OFFENSES" WHICH INCLUDES SECTION 9.16.010 PROHIBITING THE INTERFERENCE WITH POLICE DOGS The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Chapter 9 of the Rancho Cucamonga Municipal Code is hereby amended by adding Chapter 9.16 thereto to read as follows. Sections: Chapter 9.16 MISCELLANEOUS OFFENSES 9.16.010 Interference with Police Dogs Prohibited. • 9.16.010 Interference with Police Dogs Prohibited • It shall be unlawful for any person, in a manner not otherwise prohibited by California Penal Code Section 597 to tease, harass, agitate, provoke, beat, kick, strike, injure, or in any way interfere with any dog being used by any law enforcement officer in the performance of his or her official duties. Any person violating this section is guilty of a misdemeanor. SECTION 2: 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 Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1984. ;t<< 0 f� I'll n' t . L11 Tin n STAFF REPORT V DATE: November 7 1984 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Etiwanda Area Drainage Policies � ^W1 At the time of adoption of Storm Drain Master Plan Revision No. 1, the Planned Communities and the Etiwanda Specific Plan Area were excluded from study pending resolution of the planning process and conclusion of the Day- Etiwanda- San Sevaine Channel studies. Drainage in the area followed the original County Storm Drain Plan prepared in 1969. Subsequently, we have completed the Planned Communities Drainage Plans and resolved a plan and funding program for Day Creek. The final element remaining is the Etiwanda Specific Plan Area and portions of the Industrial Area east of Day Creek. The Council budgeted funds this year to complete master planning in this area. A consultant contract is attached for your approval. This contract is designed to be a cooperative effort with San Bernardino County to cover the Foothill Area. Because there are many areas of Eitwanda which cannot accept increased flows, including the Etiwanda and San Sevaine Channels, it was felt appropriate that studies evaluate construction and development phasing issues. The urgency of this effort has been increased because of development activity in the area. Staff has reviewed this issue with the Advisory Commission and the Planning Commission. Three interim policies were submitted to the Commissions for their consideration. These alternatives were: (See attached memo) 1. Restrict application in the Etiwanda Specific Plan Area until adoption of the Drainage Plan 2. Allow applications to be accepted and reviewed subject to individual environmental review with potential denial or a conditional approval 3. Allow development to continue unrestrained with extensive use of temporary detention facilities to mitigate the impact of increased runoff. This alternative although workable, involves significant temporary costs, maintenance and liability concerns. .269 CITY COUNCIL STAFF REPORT Etiwanda Area Drainage Policies November 7, 1984 Page 2 Advisory Commission Recommendation The Advisory Commission selected Option 2 but stipulated that only those projects should proceed which had adequate downstream facilities without extensive use of interim retention basins. Planning Commission Recommendation The Planning Commission recommends Option 1 which restricts new applications in the area until adoption of the drainage plan, but wished to complete processing of all application currently filed. Discussion Staff requests approval of the consultant's contract and requests guidance from the Council on the issue of interim development policies. In conformance with the Planning Commission recommendation, the City Attorney has adopted an Urgency Ordinance to restrict further development applications in the Etiwanda Specific Plan Area for a six -month period. This restriction only deals with tract maps, residential parcel maps and applications for development design review. Single family homes on existing lots are excluded • as is the Industrial Area. The best alternative to the proposed ordinance is a case by case review with denial of projects which do not have adequate downstream capacity and which are found to increase flood hazards. The problem with this option is that developers will be required to expend large sums of money in the study of issues which are best handled as a part of the drainage plan. Establishment of Review Committee In order to facilitate adoption of the Etiwanda Drainage Plan and Development Policies, Staff recommends the formation of a review committee composed of the following: 1 - City Councilperson 1 - Planning Commissioner 3 - Advisory Commisioners (one from each community) 2 - Building Industry Appointee (one builder, one engineer) 1 - Flood Control District Engineer • 26 : CITY COUNCIL STAFF REPORT Etiwanda Area Drainage Policies November 7, 1984 Page 3 LJ POLICY DETERMINATIONS: Staff would request Council approvdl for: The consultant's contract with Williamson & Schmid for The Master Plan of Drainage (Foothill and Etiwanda Elements). o Establish the Foothill - Etiwanda Drainage Plan Advisory Committee and appoint a Council representative o Consider adoption of Moratorium Ordinance on development application for a six -month period. Respectfully submit. d, LBH41a Attachment • Ai: 1� u i CITY OF RANCHO C1:CA..NIONGa STAFF REPORT DATE: June 27, 1984 TO: Planning Commissiun FROM: Lloyd B. Hubbs, City Engineer SUBJECT: ETINANDA AREA DRAINAGE POLICIES � ICAN T Cii F r Z I9 :7 I In recent weeks interest and actual development activity in the Etiwanda Specific Plan Area has been on the increase (see attached exhibit). This increase in activity has raised concerns as to the adequacy of drainage facilities throughout the Etiwanda and Foothill Community Plan areas. At the current time, this area lacks a Master Plan of Drainage which reflects the recently completed planning process and major changes in the Day, Etiwanda and San Sevaine Channels which are currently being considered for adoption by the County, Fontana, Ontario and ourselves. A Master Plan will be developed as a part of 1984 -85 budget in cooperation with the County. The plan will deal with the County area northerly of Etiwanda in the Foothills Community Plan. Because of the total lack of adequate regional and local drainage facilities in this area, it would be recommended that development phasing and implementation guidelines be included as a part of this study. In order to avoid problems more serious than those being experienced in the westerly portion of the City, extensive use of detention facilities will be necessary along with programmed drainage facility construction. The most serious concern related to the drainage issue is the disposition of development applications until adoption of the drainage and implementation plan has taken place. Three options were recently reviewed with the Advisory Commission: Restrict development applications in the Etiwanda Specific Plan Area until adoption of the Drainage Plan. 2. Allow applications to be accepted and reviewed subject to individual environmental review and potential denial, postponement or conditional approval. All development to continue unrestrained with extensive provision of temporary detention facilities to mitigate the impact of increased runoff. This alternative although potentially workable involves significant maintenance and liability concerns. It is their recommendation that Option 2 be implemented with the intention of only allowing those projects to proceed which have adequate downstream facilities without extensive use of interim retention facilities. ITEM L ,ZQO PLANNING CODiMISSION STAFF REPORT Etiwanda Area Drainage Policies June 27, 1434 Page 2 CONCLUSION: It is recomended that the Commission review the issue and consider a policy direction for recommendation to the City Council. Staff would recommend adoption of a policy consistent with the Advisory Commission recommendation until such time as a phasing policy can be established as a part of the Etiwanda Drainage Plan. Respectfully submitted, i L RH:y a Attdchment a4/ a?°• a E Qo)! i 41j-2. TeNT?i (jvE TRACT FIBS ,...� j.7i'- `-1 �3- P2�L.IMitJPrRY AEV�taFMES REV1EWs � t 51'1'.C'iPiC' I11..1 s E • AGREEMENT FOR CONSULTANT SERVICES Fixed Fee THIS AGREEMENT, made and entered into this of 198_, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "City" and 'Williamson & Schmid, Civil Engineers, Inc. hereinafter referred to as "Consultant ". WITNESSETH: WHEREAS, the City desires to prepare Foothills Community Plan - Etiwanda Area Master Plan of Drainage and City of Rancho Cucamonga Master Plan of Drainage hereinafter referred to as "Project "; and WHEREAS, the Consultant has the necessary skills and qualifications and licences required by law to perform the services required under this Agreement in connection with said Project; and . WHEREAS, the City desires to retain the Consultant for services hereinafter described in connection with said Project; and WHEREAS, the City Council at a regular meeting held on the day of , 198, authorized the Mayor and City Clerk to enter into this Agreement. NOW, THEREFORE, it is hereby agreed by and between the parties that: 1. DEFINITIONS. As used in this Agreement, the following definitions shall be applicable: a. Consultant. Consultant shall mean Williamson & Schmid, Civil Engineers, Inc. located at 17782 Sky Park Boulevard, ,Irvine, CA 92714. b. City. City shall mean the City of Rancho Cucamonga, a Municipal Corporation, located at 9320 Base Line Road, Suite • C, Rancho Cucamonga, California 91730. -I- Ala 0 c. City Council. City Council shall mean the City Council of the City of Rancho Cucamonga. d. Services.- Services shall mean the services to be performed by the Consultant pursuant to this Agreement. e. Satisfactory. Satisfactory shall mean satisfactory to the City Engineer of the City of Rancho Cucamonga. 2. SCOPE OF SERVICES. Consultant agrees to perform for, and furnish to, the City the services described in Exhibit A, "Scope of Services /Fees" attached hereto. 3. TIME FOR PERFORMANCE. The Consulant agrees that it shall delingently and responsibly pursue the performance of the services required of it by this Agreement and that said services shall be completed within 365 calendar days after execution of this Agreement in accordance with the Project • Schedule attached hereto as Exhibit B. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4. PAYMENT. Notwithstanding any other provisions of this Agreement, upon satisfactory completion of the services described in Exhibit "A ", "SCOPE OF SERVICES /FEES ", the Consultant shall be compensated based upon the fee proposal listed in said Exhibit. In the event of authorization, in writing, by the City of changes from the work as indicated in Exhibit A or for other written permission authorizing additional work not contemplated herein, additional compensation _2_ 0 A ?y • shall be allowed for such extra work based upon the Consultant's standard hourly rates (See Exhibit C). The Consultant shall submit invoices which specify the area where work was completed and the associated time for completion to the City for approval. The Consultant agrees to invoice the City for services rendered not more often than once a month (see schedule attached). Work performed at the request of the City, outside the limit specified in this Agreement, is to be designated as "Extra Work" on monthly invoices. Work performed in connection with an authorized written change order will be so designated an said invoice. 5. CITY SUPPORT. The City shall provide the following items of support to the Consultant: a. Provide a staff engineer to work with the Consultant for the • purpose of giving advice and to provide coordination within the scope of this Agreement. b. Make available and provide all existing data and information relevant to the proposed Project. 6. SUSPENSION, TERMINATION OR ABANDONMENT OF AGREEMENT. The City may, at any time, suspend, terminate or abandon this Agreement, or any portion hereof, by serving upon the Consultant at least fifteen (15) days prior to written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Within thirty -five (35) days of service of said notice, the City shall pay to the Consultant all earned and unpaid fees and costs based upon the rates attached hereto as Exhibit C, plus outside services, but the sum so paid shall not exceed a dollar figure which bears the same proportionate relationship to that fixed fee or item of such fee as the quantity of work completed by the consultant bears to 100% of that item of work prescribed herein. -3- a 9+' If the City suspends, terminates or abandons a portion of this • Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement. 7. BREACH OF CONTRACT. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. D. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of or in • the event of termination, suspension or abandonment of, this Agreement, all original documents, designs, drawings and notes prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. If the documents are used for any other purposes than the purpose intended, the City will hold the Consultant harmless and idemnify the Consultant for any reuse. 9. INDEPENDENT CONTRACTOR. The Consultant is and shall at all times remain as to the City a wholly independent contractor. Neither the City nor any of its officers, employees or agents shall have control over the conduct of the Consultant or any of the Consultant's officers, employees or -4- 04 a%(, • agents, except as herein set forth. The Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. 10. LEGAL RESPONSIBILITIES. The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 11. ASSIGNMENT. The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any moneys due hereunder, without • the prior written consent of the City. 12. INSURANCE. The Consultant shall maintain general liability and workers compensation insurance coverage effective on the first day of work and in full force throughout the full term of this Agreement. The policy or policies shall be underwritten by insurers admitted to operate in the State of California, on forms no less broad in the scope of coverage than standard forms. • Entire limits of liability maintained must be certified but in no event shall limits be less than specified hereinbelow. Any aggregate limitation of liability shall be separate as to the risks arising out of the subject matter of this proposal. -5- 26,79 Jon 0. Mike s, Mayor Date: By: ATTEST: Title: Date: ever y A. Authe et, City erk APPROVED' AS TO FORK-) • By Date: OCT 3 11N4 91ty At orney -6- Aii • Coverage Minimum Limit Workers' Compensation & Employer's Liability ;100,000.00 Comprehensive General Liability /Comprehensive 5500,000.00 Auto Liability Combined single limit each occurance If requested, the Consultant agrees to deposit with the City, certificates of insurance to satisfy the City that insurance requirements of this Agreement have been complied with, and to keep such insurance in effect and the certificates therefore on deposit with the City during the entire term of this Agreement. 13. ENTIRE AGREEMENT. This Agreement and any documents or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto and supersede all • negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement and any such document or instrument, the terms and conditions of this Agreement shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF RANCHO CUCAMONGA CONSULTANT Jon 0. Mike s, Mayor Date: By: ATTEST: Title: Date: ever y A. Authe et, City erk APPROVED' AS TO FORK-) • By Date: OCT 3 11N4 91ty At orney -6- Aii 0 EXHIBIT "A" SCOPE OF WORK FOOTHILLS COMMUNITY PLAN - ETIWANDA AREA MASTER PLAN OF DRAINAGE Dr. Ted V. Hromadka II of Williamson & Schmid will work as a Project Manager and Bill Mann of Bill Mann and Associates will work as a Coordinator for the development of policy statement, papers and preparation of the EIR for this project. Phase I: Alternatives Analysis and System Proqramminq This phase shall deal with data collection, literature review analysis and preparation of alternative drainage systems and development policy issues related to the 'West Valley Foothill Community Plan and Etiwanda Area Master Plans of Drainage and east end of Industrial Specific Plan Area. The consultant shall prepare no fewer than two alternative master plan systems which adequately provide for drainage of the planning area consistent with City and County drainage policies. • Each plan alternative shall include analysis of phasing priorities and recommend a program that relates to system construction and development policies within the limits of the City of Rancho Cucamonga: Development policies shall deal with issues related to both regional and local storm drain capacity restriction and include criteria for on -site retention or regional retention policies which may be of relevance. The alternative analysis and policies shall be developed in two working papers which will be reviewed by the project advisory committee. It is comtemplated that the first paper will clarify policy issues to provide direction for finalization of the system plans and policies. The second paper would respond to issues raised in the initial workshop and outline final plans and policies for review and adoption by the Planning Commission and the City Council. Additional papers and workshops would be considered as extra -work subjects to separate negotiations, if required. The adopted Master Plan alternatives and Development policies will then be submitted to the Planning Commission and City Council for approval and adoption. If requested, one additional working paper may be required to clarify issues raised by the Planning Commission for recommendation to the City Council. This agreement contemplates one Planning Commission and one City Council meeting before adoption. Additional work and meetings shall be negotiated as a separate item of work. .x'77 0 Coordination for the development of the Foothill area of the plan shall be reviewed with the San Bernardino County Flood Control District through separate agreement except that alternatives analysis shall be thoroughly reviewed and approved by District staff. Fee (Alternate I) $12,500 Should the County Flood Control District chose not to participate in the overall project, the Foothills Area shall be deleted from the project and the fee reduced to: Fee (Alternate ti) $ 8,500 Phase II: Master Plan Preparation Based on the approved drainage alternative, the consultant shall develop a computerized drainage master plan for the planning area. This plan shall include: A. Development of a link -node rational method model of watersheds and developed pipeline hydraulics. Facility slopes should reflect locations of significant utility constraints. B. Computer model hydrology maps (soil types, development storm • system schematics, node numbers) consistent with the specified complete City Master Plan. C. Prepare Master Plan of drainage and summary report with final phasing and development policies. D. The final product of Phase II shall provide the Foothills - Etiwanda element to the City Master Plan of Drainage consistent with the plan provided as a part of the City Master Plan of Drainage. In addition, a report shall be prepared dealing with Etiwanda Area Development policies and priorities for implementation of the Etiwanda Area Master Plan of Drainage. Fee (Alternate I) $20,000 Should the County Flood Control District chose not to participate in the overall project, the Foothills Area shall be deleted from the project and the fee reduced to: Fee (Alternate 11) $12,000 Phase III: Environmental Impact Report and PolicyStatement The consultant shad prepare and circulate a draft and final environmental document adequate to provide compliance with the applicable provision of the California Environmental Quality Act to allow final adoption of the Etiwanda Area Drainage Plan and Development Policies (coordinator Bill • Mann). Fee $12,000 AND CITY OF RANCHO CUCAt•iONGA MASTER PLAN OF DRAINAGE This portion of the study deals with the computerization, consolidation and hydrological upgrading of the City's current Master Plan of Drainage to provide a consistent uniform plan covering the total City. The final Master Plan shall revise, update and incorporate comprehensive Master Plan Revision No. 1 prepared by L. D. King, the Victoria Planned Community Master Plan of Drainage, the Terra Vista Planned Community Master Plan of Drainage and the Etiwanda Area Drainage Master Plan and Industrial Specific Plan Area. The Master Plan shall include the following major tasks and products: A. Develop computer link -node schematics for hydrology /hydraulics analysis of the entire City. A mylar 1000 scale link -node map of the City system shall be prepared showing major nodal connections and drainage areas keyed to a series of atlas maps of a larger scale (scale to be determined as a part of the study). The atlas maps will show complete link -nodal systems, drainage areas and other pertinent land use, soil data, system information, including flow quantities (Q's), node elevations and pipe sizes. • B. Evaluate rainfall records to determine rainfall intensity - duration curve for use in preparation of the revised Master Plan analysis based on the San Bernardino County Hydrology Manual. C. Prepare 1000 scale Mylar Master Plan map showing the Master Plan facility sizes on street system base map. D. Deliver Master Plan data base, programs and complete computer system to allow future upgrades for both hydrology (rational methods and unit hydrograph method) and hydraulics of the Master Plan system. E. Prepare Hydraulic Design Manual. F. Prepare cost estimates for complete Master Plan system with area divisions for the Planned Communities and the Etiwanda Area Plan. Fee 548,750 as/ 0 EXHIBIT "8" SCHEDULE FOOTHILLS COMMUNITY PLAN - ETI'WANDA AREA MASTER PLAN OF DRAINAGE MONTHS 1 2 3 4 5 6 7 8 9 10 11 12 Phase I /------- - - - - -/ Phase II/ /-----------------------------/ Phase III /---------- - - - - -/ City Master Plan of Drainage /---------------------------- ---------- ° °--------------- ----/ • • �tf • • • EXHIBIT "C" STANDARD HOURLY RATES EFFECTIVE AUGUST 6, 1980 AUTHORIZED ADDITIONAL CHARGES COMPUTER PROCES51NG TIME $25 /HOUR OVERTIME PRINCIPAL ENGINEER $ 30 $10 /HOUR PROJECT ENGINEER 66 $ 73 ASSISTANT ENGINEER 56 67 DESIGN DRAFTSPERSON 46 55 DRAFTSPERSON 33 46 JUNIOR DRAFTSPERSON 25 32 SECRETARY / DELIVERY 20 26 3 -MAN SURVEY CREW 150 130 2 -MAN SURVEY CREW 116 140 ADDITIONAL CHARGES COMPUTER PROCES51NG TIME $25 /HOUR PLOTTER TIME $IO /MINUTE "TOTAL STATION" SURVEY EQUIPMENT $10 /HOUR COURT APPEARANCES AND DEPOSITIONS $150 /HOUR IN -HOUSE BLUEPRINTS AND XEROX AT COST OUTSIDE SERVICES AND BLUEPRINTING AT COST PLUS 10 PERCENT Corporate Office • 17182 Sky Park Blvd, • Irvine, California 92714 • 7141549.4222 Inland Empire Office • 1630 E. Francis St.. Ste. B • Ontario, California 91761 • 714/941 -0447 San Diego County Office • 5375 Avenida Encinas. Ste, C • Carlsbad, California 92008 • 714/458.4332 2613 ORDINANCE NO. eii Of W RY#/ AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE FILING OF CERTAIN LAND DIVISION APPLICATIONS AND RESIDENTIAL DEVELOPMENT APPLICATIONS IN THE ETIWANDA SPECIFIC PLAN AREA AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds that: A. Recently interest and actual development activity in the Etiwanda Specific Plan area has been on the increase. This increase in activity has raised concerns as to the adequacy of drainage facilities throughout the Etiwanda and Foothill Community Plan areas. B. At the present time the area referred to above lacks a Master Plan of Drainage which reflects the recently completed planning process and major changes in the Day Etiwanda and San Sevaine Channels which are currently being considered for adoption by the County and the Cities of Rancho Cucamonga, Fontana and Ontario. • C. Because of the lack of adequate regional and local drainage facilities in the Etiwanda Specific Plan area, it is contemplated that the Master Plan of Drainage may include recommendations for development phasing and implementation guidelines within the Etiwanda Specific Plan area. 11 D. That it is in the best interests of the City, in order to protect the health, safety and general welfare of the citizens of the City to impose certain restrictions, as hereinafter enumerated, on the filing and processing of certain land division applications for residential development pending completion of the aforesaid Master Plan of Drainage. SECTION 2: The City shall not accept for filing any tentative map or maps for residential subdivisions within the Etiwanda Specific Plan area. SECTION 3: The City shall not accept for filing any parcel map or maps for residential subdivisions within the Etiwanda Specific Plan area, provided, however, that this section shall not apply to a parcel map with respect to which a required tentative map was filed prior to the effective date of this Ordinance. SECTION 4: The City shall not accept for filing any application or applications for development design review of residential projects within the Etiwanda Specific Plan area. it J" SECTION 5: Nothing in this Ordinance shall prevent the further processing, approval or conditional approval, of any tentative map, parcel map . or application for development /design review which was submitted for filing prior to the effective date of this Ordinance. SECTION 6: Unless sooner repealed or extended by the City Council, the moratori — imposed by this Ordinance shall expire iijzti�k d SECTION 7: The City Council hereby declares that it would have adopted t is Ordinance and each section, sub - section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub - sections, sentences, clauses, phrases or portions thereof may be declared invalid or unconstitutional, then all other provisions thereof shall remain valid and enforceable. SECTION 8: This Ordinance is hereby declared an urgency measure necessary for the immediate protection and preservation of the public peace, health, safety and welfare for the reaons stated in Section 1 hereof and shall take effect immediately upon its adoption. SECTION 9: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Dail Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. this 7th day November, 1984. • PASSED, APPROVED, and ADOPTED of AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet, City Clerk jaa , Jon D. Mikels, Mayor '4 1r • Lewis Homes (used generically) proposes to enter into an agree- ment with the Central School District to facilitate the provision of educational facilities for students in grades K through 8 to be gen- erated by residential development in Terra Vista. This Agreement, which provides that it will be in lieu of any other exactions, among other things requires Lewis Homes to provide • relocatable structures to be used as interim school facilities. Lewis Homes has expressed a concern that the City might some- time in the future refuse to issue building or other permits for the relocatable structures and the stated reason for requesting the City to enter into the proposed Development Agreement is so that the City could not in the future refuse to approve the use of relocatable structures as interim school facilities. Obviously, if the interim school facilities were being constructed by the school district on district owned property, the City would have no say in the matter whatsoever. However, Lewis Homes fears that the City might have the legal ability to, veto relocatable structures which are to be provided by Lewis Homes to the school district pursuant to the school facili- ties agreement. It is for this reason that Lewis Homes has requested the City to enter into the proposed Development Agreement No. 2. -1- aQL CiG'uINi® M E M O R A N D D M CITY OF RANCHO CUCAMONGA • ADMINISTRATION OCT 20 04 TO: Lauren M. Wasserman, City Manager AM pr 't1s191Ip111M�1'±hi18 FROM: Robert E. Dougherty, City Attorney DATE: October 10, 1984 RE: Proposed "Terra Vista Planned Community Development Agree- ment No. 2" Lewis Homes (used generically) proposes to enter into an agree- ment with the Central School District to facilitate the provision of educational facilities for students in grades K through 8 to be gen- erated by residential development in Terra Vista. This Agreement, which provides that it will be in lieu of any other exactions, among other things requires Lewis Homes to provide • relocatable structures to be used as interim school facilities. Lewis Homes has expressed a concern that the City might some- time in the future refuse to issue building or other permits for the relocatable structures and the stated reason for requesting the City to enter into the proposed Development Agreement is so that the City could not in the future refuse to approve the use of relocatable structures as interim school facilities. Obviously, if the interim school facilities were being constructed by the school district on district owned property, the City would have no say in the matter whatsoever. However, Lewis Homes fears that the City might have the legal ability to, veto relocatable structures which are to be provided by Lewis Homes to the school district pursuant to the school facili- ties agreement. It is for this reason that Lewis Homes has requested the City to enter into the proposed Development Agreement No. 2. -1- aQL The proposed Development Agreement No. 2, however, goes far beyond the subject of permitting r,locatable buildings to be used . as school facilities. The Agreement is proposed for a thirty (30) year term. Among the provisions which I could not recommend are those contained in paragraph 3(a)(b) which are summarized as follows: (a) The City would be required to recognize that "the obligations undertaken by Lewis pursuant to this [Development] Agree- ment and the School Agreement shall be accepted in lieu of fees, dedi- cations, assessments, taxes or any other exaction relating to school overcrowding . . . which are levied pursuant to the School Facilities Act . . . or pursuant to any other provision of state or local law or policy, whether in force at the effective date of this Agreement or adopted subsequent thereto . (b) All real property (subject to the School Agreement] • are hereby exempted from any future moratorium, limitation on devel- opment, or other restriction or constraint imposed by the City for purposes of alleviating or mitigating school overcrowding or impac- tion, or for any other aspect of school facility operation or develc :, ment. To even speculate on all of the possible changes which can occur in the area of providing and financing public education, dur- ing the next thirty (30) years, requires a clairvoyance which the author of this memo does not possess. For that reason alone I be- lieve that it would be extremely unwise for the City to enter into the proposed Agreement, particularly when I do not see any need for the City to enter into any form of Development Agreement regarding school facilities. • Because Development Agreements have the effect of limiting -2- ,p the options of the present and future City Councils to deal effec- tively with possible unforeseen changes in circumstances, I do not believe that they are something that the City should consider unless the benefit of such an Agreement to the Citv clearly appears. Such is not the case with the proposed Terra Vista Planned Community Development Agreement No. 2. In fact, the proposed Development Agreement does not seem to provide anything to the City in consider- ation for the committments that the City has been asked to make. In the absence of a Development Agreement Lewis Homes must still arrange with the School District to provide adequate facilities to educate the children generated by the Terra Vista Developments. Otherwise, building permits will not issue. In addition to the provisions specifically pointed out above, there are a number of other portions of the proposed Agreement which • I find ambiguous or objectionable. However, commenting upon the legal details would be a somewhat irrelevant exercise if the City Council accepts my recommendation, and that of the City Manager, to the effect that no form of Development Agreement relating to school facilities should be approved by the City Council. RED:a jo • -3- '2tt Pali TERRA W TA • October 8, 1984 Honorable Mayor and Members of the City Council City of Rancho Cucamonga 9320 -C Base Line Road Rancho Cucamonga, CA 91730 Re: Proposed Development Agreement, Terra Vista Schools Program Dear Mayor and Council Members: After many months of work and negotiation, the Terra Vista schools program with the Central School District is now before the District Board of Trustees for approval. We and the District are in agreement, and final Board action is scheduled for October 17. You may recall that, early this year, we communicated to you the need for a • Development Agreement between us and the City to allow the schools program to go forward. At that time you advised us to first conclude our agreement with the school district, and then bring the matter back before you. That time is now here. This Development Agreement is not in any way intended to involve the City in our program with the District. On the contrary, the sole reason for the Development Agreement is to assure both us and the District that the City will not become involved. We need that assurance because, without it, neither party can be sure that the program can go forward as planned. The school agreement is therefore contingent on this Development Agreement. The gist of the Terra Vista schools program is that we would provide two entire new relocatable schools, located at the future permanent school sites in Terra Vista. The plans for the Terra Vista schools would be reviewed by all the state agencies that are normally involved in school construction, as well as by the District. The first Terra Vista school would be planned to open in September 1985 and would then be expanded on a phased schedule; the second school would open when the first is full. The District would use these schools until state funding became available to build Terra Vista's permanent schools. For your convenience, enclosed is a summary of the program which was prepared by District staff. The school agreement itself, which is fifty pages long, has been provided to your staff. • 1156 N Mounlain Ave PO Be. 670 Upland, CA 91786 (714) 9850971 Developed by Lewis Homes ,f I'' City Council page 2 City of Rancho Cucamonga October S. 19b4 The Development Agreement covers only four points: The planning and construction of schools is a state concern. The law is clear that, if the District itself built the Terra Vista schools, state review and approval would preempt City control over this process. In our case, we, a private concern, would actually be the owner and builder of the schools. This would be in the District's interest as well as our own, but there would be some ambiguity because the law does not address this particular situation. It is critical that we have the City's assurance that, in building schools for the District's benefit, we will receive the same treat- ment that the District would receive if it were building these schools. This means that state review will control and the City's development approval processes will not apply. We will, however, agree to improve the adjoining streets to your standards, which would not normally occur in a school project and which, we know, has been a problem for the City in the past. Key staff in Planning, Engineering, and Building, as well as the City Manager, have all assured us that the City has no intention of getting involved in the design of the schools. We simply need formal assur- ance to that effect. Similarly, if the District itself were building these schools, it would be exempt from City fees applicable to development. City staff has indicated that no such fees would apply (though we will pay the plan check and inspection fees connected with the street work), and we need formal assurance that this will be the case. 3. The Terra Vista schools program is based on providing facilities instead of paying school fees. Under the program as negotiated, we will be providing all the basic facilities the District feels it requires to adequately serve Terra Vista children. This includes not only classrooms, but also new sites, site improvements, playfields, dining areas, core buildings, furniture, etc. Because this program will meet the District's needs, they have agreed that we will never be charged any school fees throughout the development of Terra Vista. However, because it is the City, not the District, that actually establishes and in theory collects school fees, it is conceivable that the City could inpose a school fee on Terra Vista even though the District had exempted us from any such requirement. While this may appear unlikely, it is one of the few things that would be fatal to the program. We therefore need your assurance that the City will not unilaterally do what the District is already promising not to do. 4. Under the provisions of the school agreement, we will be uncondi- tionally obligated to provide the facilities for every student gener- ated by Terra Vista. There are no "if's, ands, or buts" in our agreement with the District, we are absolutely promising to provide these facilities, regardless of whatever else may happen. A 9040 • L J • City Council City of Rancho Cucamonga Page 3 October 8, 1987 • The costs of an entire new school are phenomenal, and they are very heavily front - loaded. The land, utilities, parking, playfields, core buildings, and related facilities all must be provided at the beginning, even if there are very few students to start with. To open each school, we will be making a huge investment, most of which is attributable to hums that we will be built over the next several years. We cannot make an investment of this magnitude unless we know that we will indeed be able to build those future homes and recover their share of the school's costs. Because we are unconditionally bound to provide the facilities to house every Terra Vista student, the District knows that if it ever faces an overcrowding problem, it will not be of our making. The District also understands that we can undertake to open a school only if we can continue building the rest of the homes to fill up that school. Therefore, in return for our commitments to provide facilities, the District is giving us its unconditional promise that Terra Vista will not be affected if it ever becomes necessary to stop development because of school overcrowding. However, we have always realized, and the District has come to agree, that this promise is not worth much without the City's concurrence, since it is the City, not school districts, that has the legal autho- rity to impose moratoriums on development. In a situation of school • overcrowding, political pressures are intense and emotions run high. It is by no means farfetched to conceive of a situation where Terra Vista would be engulfed by a school moratorium in the pressures of the moment, even though we had already done more than our share and the District stood firmly behind us. We therefore have to know that the City will not nullify one of the most important deal points between us and the District. It is important to emphasize that the entire program we have negotiated with the District has been premised on the City's concurrence on these four items. That is why we came to you seven months ago, to present these concerns and initiate a Development Agreement addressing them. While the formal process- ing of this agreement was postponed until now, we have understand that the general concepts did not present a problem for the City, and that is the underpinning of the program we have worked out. It is also important to note that neither we nor the District intends to put the City in the middle in the event there is ever a dispute between us. This has been clarified in the final changes made to the school agreement at the District's request. The District will provide us with the normal clearance for each tract, and we will present that to you when we pull building permits. All we want the City to do is just proceed as usual. The question has been raised why an actual Development Agreement is called for, as opposed to a written understanding of some other kind. Simply stated, under this program we will be firmly obligated for an indefinite period of time. We are making unconditional promises to perform very specific things t/ City Council City of Rancho Cucamonga Page 4 October 8, 1984 on a specific schedule. The District in turn is making some promises to us. • Without the City's concurrence, we cannot be certain that we can in fact perform what we are promising the District, and vice versa. The people involved in City government today may not be the public officials we are dealing with in years ahead. We and the District must both be sure that the City will not change the ground rules on which our program is based at some future date. A Development Agreement is the only mechanism to provide that assurance for a long-term program such as this. The Terra Vista schools program is good for the District, good for Terra Vista, and good for the City at large. Your agreement that the City will permit us to implement it is the only remaining hurdle. Since the agreement between us and the District cannot take effect until the City acts, we respectfully request that this Development Agreement be reviewed and approved as rapidly as possible. Sincerely, LEWIS HOMES OF CALIFORNIA xay Matlock Project Manager /km Enc. .2,9 2. 0 CENTRAL SCHOOL DISTRICT Presentation to Board of Trustees School Facilities Agreement Between • Central School District and Lewis Homes September 26, 1984 Background Representatives of the Central School District and Lewis Homes have been holding meetings since April 1983 to discuss various solutions to the problem of providing school facilities for children from the Terra Vista Planned Community. Approximately one half of Terra Vista is located in the Central School District east of Haven Avenue. In the next ten to twenty years, Lewis Homes plans to build approximately 4,500 homes, apartments, and condominiums in the Central School District. In order to house these children, two additional elementary schools and a portion of a junior high school will be required. The City of Rancho Cucamonga, through its growth control ordinance, requires any builder of residential projects to obtain certification from local school districts before they may build. This certification is given only if local school districts can insure that they can house children generated by residential development. The Central School District was forced to withhold such certification from developers in the spring of 1983 until negotiations with developers could produce a solution to the problem of providing adequate school facilities for children to be generated from their planned developments. These negotiations resulted In raising the mitigation fee for each single family home built in the Central School District from $1,100 to $1,725 and then to $2,003. Raising •%hese fees will allow the district to adequately house children for 900 single family homes at Bear Gulch School and Cucamonga Junior High School. • Because of the size of Terra Vista and the large impact this develop- ment will have on school facilities, alternate solutions have been proposed discussed, and fine tuned for the past seventeen months by the Central School District and Lewis Homes: The solutions discussed have basically revolved around Lewis Homes providing the district with relocatable school facilities at the elementary schools in Terra Vista until state funding is available for permanent schools. The School Facilities Agreement presented to the Board of Trustees for its information and review is a result of many hours of discussion, analysis, negotiation, and compromise by both parties. Qtj September 26, 1984 Page 1 of 2 OUTLINE OF SCHOOL FACILITIES AGREEMENT .. Facilities Provided. Lewis Homes will provide to the district: • Two elementary school sites (As described in Exhibits F, G and H.) Site development for these sites (As described in Exhibit C.) Relocatable classroom buildings (As described in Exhibits A and J.) Relocatable core facilities to include administration buildings, kindergarten rooms, restrooms, library/ resource buildings and serving kitchens (As described in Exhibit B.) Furniture and equipment for classrooms (As described in Exhibit E.) Other school facilities and improvements auch as playground areas, equipment, lunch tables, and parking lot (As described in Exhibit D. Temporary student housing, defined as trailer type classrooms, for Terra Vista pupils until TV -1 or TV -2 are completed according to a formula described in Paragraph 11 2. License Fee. Lewis will provide such facilities at TV -1 and TV -2 at a Fe o per year until state funding is available for construction of permanent facilities at TV -1 or TV -2. 3. Junior High Facilities. Lewis will pay to the district 2/9 of the City 07 Rancho Cucamonga Impaction Fee for providing interim school facilities for pupils from Terra Vista in grades 7 -8 This fee is currently $244.44 per single family home ($1,100 X 2/9) and will be adjusted annually by the change in building costs (See Paragraph 8.) r. Master Certification. The district will accept the elementary sch000 Ta—ciffi—ties provided and the fees for junior high facilities from Lewis in lieu of any other fees. The district will issue a master certifi- cation to the City of Rancho Cucamonga providing that the district will provide capacity and approval for all residential development in Terra Vista (See Paragraphs 3 and 4 and Exhibit K.) 5. Refund of Fees. All fees paid by Lewis for units already under con- struct on wiTr be refunded, without interest, less the fees applicable to grades 7 -8 and the cost of housing Terra Vista pupils up until the effective date of the agreement. All fees paid will be retained by the district until the effective date (See Paragraph 3.) 6. Architectural Services. Lewis will loan the district funds for archi- tecture sery ces or any schematic design phase work by the district architect up to 25% of the total cost for architectural services for the permanent school at TV -1 or 7V -2. Lewis may opt to have the distric architect prepare construction documents for the permanent schools and will loan the district funds for such work (See Paragraph 6.) 7. Permanent Im rovements at Interim Schools. Many of the facilities provided at e t er t e - or V- nterim schools will eventually become part of the permanent school, particularly in the areas of site development and playground facilities. For this reason, the site plane for the interim and permanent school at TV -1 are being developed as a total school site plan by both parties. It is hoped • that the cost of any such improvements will be recouped by Lewis when the improved site is purchased by the state through the Leroy F. Greene Program. Plans and designs for any such reuseable improvements will be in conformity with cost guidelines of the Greene Program. (See Paragraph 9(a) and Exhibit I.) a '1/ Outline of School Facilities Agreement Page 2 of 2 September 26, 1984 8. 0 enin Dates. It is intended that Terra Vista I be ready for school in eptem er 985, or later, if mutually agreed. (See Paragraph 9(d).) The opening date for TV -2 will be approved by the district and will be no earlier than 90 days after TV -1 reaches an enrollment of 690 or later than the next school quarter after enrollment reaches 840. (See Paragraph 9(e).) 9. District Addition of Classroom S ace. The district may add classroom space at eit et interim sc oo up to three classrooms or 20% of the classrooms Lewis Homes is obligated to provide, whichever is greater. 10. Insurance. The district will, at its expense, obtain liability insurance with limits of not less than $50,000,000. The district will also maintain a policy of all -risk property insurance to cover fire, flood and earthquake damage on the property. The cost of flood and eartbquake insurance and any deductible amount on either policy will be borne equally by both parties. 11. Priori[ for Lero F. Greene Fundin for Permanent Construction. riorities or un ing or permanent school construction in t e district include: the completion of Bear Gulch School, an as yet unidentified elementary school in the district west of Haven, two elementary schools in Terra Vista, and a proposed junior high /intermediate school in Terra Vista. In the School Facilities Agreement the district and Lewis Homes agree to the following formula: • (a) The district, at its sole discretion, may use state funding to finish Bear Gulch School. (b) The district will divide the district into two areas - the "Westerly Development Area" (west of Haven), and the "Easterly Development Area' (Terra Vista). The district will compute New Student Points for each of these areas prior to Phase II approval under the Leroy Greene Program for any school constructior project application. New Student Points are defined as the numerical score as defined in Paragragh 1(n). The decision on whether to build an elementary school west of Haven or in Terra Vista will depend on which area has the highest Net Student Points. (c) At the point that the district has 1,050 pupils in grades 7 -8, the district may substitute a junior high facility, to be built in Terra Vista, for either elementary school. 12. Effective Date of Agreement. The agreement will be effective only a ter the a ective ate o an ordinance adopting a separate Development Agreement between the City and Lewis relating to the School Facilities Agreement. This separate Development Agreement allows implementation of the School Facilities Agreement without further conditions being imposed by the City such as design approval, prohibition of building relocatable facilities on private land leased to the district, City Inspection and building permit requirements, and the acceptance by the City of the agreement between Lewis and the district as satisfying the obligations of Lewis Homes regarding the problem of school over- crowding within Terra Vista. A copy of the Development Agreement is provided. ats • TERRA VISTA SCHOOL (TERRA V AGREEMENT This Terra Vista School Facilities Agreement (the 'Agreement') is rude the day of 1981, by and between LEWIS HOMES OF CALIFORNIA. LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, general partner- ships (hereinafter collectively referred to as 'Lewis'). and the CENTRAL SCHOOL DISTRICT OF SAN BERNARDINO COUNTY (hereinafter referred to as the 'District'). RECITALS A. The City of Rancho Cucamonga (hereinafter referred to as the 'City') is an incorporated general law city existing under the laws of the State of California. 8. The existing boundaries of the District include a portion of the approximately 1,300 -acre Terra Vista Planned Conennity ('Terra • Vista'), located within the City, which is generally that portion lying south of Base Line Road, west of the planned extension of Milliken Avenue, north of Foothill Boulevard, and east of Haven Avenue. Lewis controls all of said property which is potentially developable for residential purposes, more fully described as all of Section 1. Township I South, Range 7 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, excepting therefrom any lands granted to the County of San Bernardino, State of California, or City of Rancho Cucamonga. C. Lewis desires to construct residential housing On the portion of Terra Vista which is Included within the ,jurisdiction of the District, where the capacity of existing public schools serving grades ki 'ergarten through eight, Inclusive ('N -B'), is presently inadequate to serve the pupils which are projected to be generated from Lewis' developments. • D. The District desires to enter into certain agreements with Lewis to facilitate the provision of educational facilities for the students in grades N -8 to be generated by Terra Vista developments. Rev. 891981 1�'f a�� Agreement Page 2 E. Unless demonstrated to be higher or ' er based on appropriate survey • data, the Student Generation Factor. )r grades kindergarten through six inclusive ('K -6'), which w111 aPP.y to the housing developments in Terra Vista an as follows, and the generation rate for each grade level -Is deemed to be one - seventh (1/7) of the respective Factor: (1) Four hundred silty -seven one - thousandths (.167) students per household for single - family detached dwellings. (2) Two hundred thirty -three one - thousandths (.233) students per household for multifamily dwellings with two or more bedrooms, including but not limited to condominiums, townhouses, apart- ments, and mobilehomes. (3) Zero (0.0) students per household for projects enforceably restricted to the elderly, or enforceably restricted to adults, and for dwellings of the type listed In the preceding subsections but with less than two bedrooms. • F, Unless demonstrated to be higher or lower based on appropriate survey data, the Student Generation Factors for grades seven and eight ( "7 -8") which will apply to the housing developments in Tern Vista are: (1) One hundred thirty -three one - thousandths (.133) students per household for single - family detached dwellings. (2) Sixty -seven one - thousandths (.067) students per household for multifamily dwellings with two or more bedrooms, including out not limited to condominiums, townhouses, apartments, and mwbilehomes. (3) Zero (0.0) students per household for projects enforceably restricted to the elderly, or enforceably restricted to adults, • and for dwellings of the type listed In the preceding subsections but with less than tyo bedrooms. ,n) Rev. 091984 atA Agreement Page 3 • G. Prior to final approval of subdivision maps applicable to Terra Vista and /or the issuance of building permits needed to initiate construc- tion of the intended dwelling units within the District, the City re- quires that the District acknowledge the fact that school capacity is available or will be provided for the students expected to be gener- ated by such development. The District Is generally unable to make this acknowledgment since schools in the District which would other- wise provide school services to Terra Vista are experiencing con- ditions of overcrowding. H. Lewis and the District intend by this Agreement to ensure that interim school facilities will be made available in a timely and economical manner so as to serve the new residents of Terra Vista. It Is intend - ed that the temporary solution to the school overcrowding problem adopted herein will result in facilities suitable to provide a quality educational program only until such time as funding is made available to the District for providing Permanent facilities arced by the • District or the State and that the District will continually apply and renew applications for such funding. NOM, THEREFORE, In consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context requires other- wise, the following definitions shall apply: (a) The "Scope of this Agreement" shall include all residential development projects located In Terra Vista within the existing boundaries of the District. (b) "Estimated Students Generated" for purposes of quantifying Lewis' obligations to provide school facilities pursuant to this Agree- ment shall be determined by applying the Student Generation Factors identified In the Recitals, to dwelling units in Rev. 091961 a» Agreement Page c residential development projects within the Scope of this Agree- ment for which roof installation has been completed. • (c) The "Act" shall Bean and refer to the School Facilities Act {Government Code Section 65970, et M.) as it has been enacted at the Effective Date of this Agreement, as such date is defined herein. (d) "Greene Program" shall mean and refer to the Leroy F. Greene State School Building Lease - Purchase Law Of 1976, Education Code Sections 17700, at Seec. (e) The "Regulations" shall mean and refer to the 'Regulations Relating to the Leroy F. Greets State School Building Lease. Purchase Law of 1975 ", found at Sections 1865.1, at M. of Title 2 of the California Administrative Code as they have been adopted at the Effective gate of this Agreement. (f) "Elementary" shall ran and refer to students in grades A -6 and • school facilities for such students. (g) "TV -1 School" shalt ran and refer to the first elementary school to be opened pursuant to this Agreement in Terra Vista within the District's Jurisdiction, which school is intended to be located approximately as sheen on Exhibit F, attached hereto, and con- figured approximately as shown on Exhibit It attached hereto. The TV -1 - school" or "site" shall refer to either (1) the future - permanent school' site, as described In Exhibit G attached hereto, or facilities thereon, or to (2) the 'interim school' located partially on the permanent school site and partially on an adjoining "temporary site', is sham on Exhibit 1, attached hereto, as the context demands. (h) "TV -2 School" shall refer to the second elementary school to be . opened pursuant to this Agreement in Terra Vista within the District's Jurisdiction„ which school is intended to be lt�l Rev. 091984 at' Agreement Page 5 • approximately located as shown on Exhibit F, attached hereto, and the permawent portion of which is intended to be approximately as described in Exhibit H; p.ovided, however, the location and configuration may be changed by agreement of the parties. (1) "Impaction Fee' shall mean and refer to the fee authorized by the Act to be levied as a temporary mitigation measure to alleviate school overcrowding conditions and implemented by Rancho Cucamonga Municipal Code Sections 16.24.010, at LS., as it is presently enacted and as it may be supplemented by any Resolution of the City Council in force at the date of execution of this Agreement by all the parties. (j) "Conditions of overcrowding" shall have the same meaning as defined in Section 65973 of the Act. (h) "Interim school facilities ', with respect to junior high facil. • sties only, shall have the seem, meaning as 'interim facilities' as defined in Section 65960 of the Act; in all other contexts it shall have the meaning specifically described herein. (1) 'Relocatable school facilities' shall man and refer to core, restroom, or classroom structures or modules, new or used, built onsite or offsite, as more fully described herein, and which meet all the following criteria: (1) There are no common walls with other such structures or modules. (2) In the event the structures or modules were to be moved, the floor would be transported along with each such structure or module (wo slab floors). • (3) Any one sequence such structure or module can be from a of such structures removed in proper or modules group without Rev. 091964 J60 Agreement Page 6 disrupting the regaining buildings; adjustments to coves. fascia, etc. are permitted in the event of such removal. • (a) Each structure or module is readily and economically trans- portable over public highways in California. (m) •Phase 1". "Phase 11% and /or "Phase III" shall wean and refer to the respective approval stages of a District application for permanent school construction funding pursuant to the Greene Program. as wore fully defined in Section 1865.50 of the Regu- lations. (n) "New Student Points" shall wean and refer to a numerical score defined in the following manner and computed with respect to each Development Area (as defined in subsection 7(b) hereof) for purposes of determining priority of applications for pemanent School- construction funding: (I) In each Development Area the number of construction "starts• • for new residential dwelling units begun after larch 1, 1989 and which have progressed at least to the stage where slab flooring (or comparable foundation work) has been con. structed shall be determined. This number shall be reduced by such uncompleted units for which construction has ceased for a period of ninety (90) days or more. (2) The Student Generation Factors for grades m -6 defined in the Recitals to this Agreement shall be applied to the number of construction starts so determined, giving proper effect to the type of dwelling unit being constructed (e.g., single family detached, multifamily, senior adult only, etc.); by multiplying the appropriate Factor by the construction starts Of the appropriate category and summing all categories, the number of expected students shall be determi ned a tai j • Y Rev. 091981 so/ Agreement Page 7 . (3) One (1) New Student Point shall be assigned for each expected student as determined by that calculation of the preceding subparagraph. 2. Effective Date. This Agreement shall be effective, and the oblige - tionS of the parties hereunder shall arise, only as of the effective date of an ordinance adopting a Development Agreement between Lewis and the City related to the matters herein contained, which date is referred to herein as the 'Effective Date -. 3. Agreement in Lieu of Any Other Exactions. With respect to present or future conditions of overcrowding and /or any similar school impaction problems within the District, or any other aspect of school facility operation or development, the District agrees that the obligations undertaken by Lewis pursuant to this Agreement shall be accepted in lieu of any and all fees, dedications, or other exactions otherwise chargeable to Lewis pursuant to the Act or to any other requirements • of state or local law or policy, whether in force At the Effective Date of this Agreement or adopted subsequent thereto, and that res- idential development projects within the Scope of this Agreement will be exempted free any moratorium, limitation on development, fee, dedication requirement, assessment, special tax, or other exaction that may be levied, recommended, or concurred in by or for the benefit of the District for purposes of alleviating or mitigating such a situation. The District further agrees to immediately cancel any Agreements for Financing Public School Facilities executed prior to the Effective Date by Lewis with respect to Development within the Scope of this Agreement and to refund, without Interest, any tuns paid pursuant to such agreements less the amount of such sums attributable to grade 7 -8 impaction problems as defined In Section 8 hereof and lest the District's actual costs of housing Terra vista- generated students in grades A -6 up to the Effective Date, which the parties contemplate to be on the order of Thirty Dollars ($30.00) per student • per month, and which are defined as those costs which Lewis would otherwise have been obligated to bear pursuant to Section 11 hereof had this Agreement already In affect. 7 Rev. 021984 30%. Agreement Page 8 1. Certification of School Capacity. within five (5) business days of the Effective Date the District shall issue a Muster certification to • the City, in the fora attached hereto as Exhibit K. certifying that upon payment of the fee specified in Section 8 hereof, when applicable, it will accept. and provide customary educational services to, all the grade K -8 students resulting from residential development within the Scope of this Agreement. Separate receipts shall be delivered to City at such time as Lewis shall deliver the payment to District for grades 7 -8 pursuant to Section 8 of this Agreement. in addition the District wilt, if such are required by the City, provide school capacity letters ano capacity letter renewals applicable to grades K -8 as required by City of Rancho Cucamonga Municipal Code Section 17.01.070 or any successor ordinance or resolution and the District further agrees it will not oppose the City's issuance of any and all approvals and /or permits which may be applicable to such residential development. S. Applications for Funding. The District agrees to continue its effort • to obtain school facilities funding from the Greene Program, as well as from other sources, such as state, federal, or local agencies, including the Rancho Redevelopment Project of the City, and will apply such funding in mitigation of the school overcrowding problem in the manner provided by this Agreement. Effort to be expended by the District in this regard includes, but is not limited to, submittal of applications, appearance at public hearings, correspondence with members of the applicable governing body and /or the Legislature, requests for special legislation (where applicable), and similar lobbying techniques intended to achieve the desired result. Lewis shall have the right to review all applications to be submitted and any other documents in connection with the District's efforts to obtain such funding, 6, Architectural Costs of Application, within two (2) months from the Effective pate of this Agreement, Lewis shall lend funds to the District to initiate the schematic design phase of architectural work • (including site planning) for both the interim and permanent TV -1 Schools. At or before the time the Estimated Students Generated reach ReJ. �09t984 0 2 Agreement Page 9 the number five hundred (500), unless released from such obligation as • provided io Section 9 hereof, Lewis shall lend additional funds to the District to initiate schematic design (including site planning) work for the TV-2 facility, Unless released from such obligation pursuant to Section 9, Lewis shall lend from time to time the additional funds necessary for site planning activities for each respective school, provided, however, that the amount to be loaned by Lewis for such work pursuant to this Section shall not exceed twenty -five percent (251) of the total fee expected to be earned for architect's services applicable to the respective permanent school. As used in this Agreement. to "lend funds' shall man to provide the District, within thirty (30) days after receipt of a properly verified invoice, funds with which to pay architectural charges, in anticipation of future reimbursement as provided by Sections 12 and /oar le of this Agreement. Lewis my choose from time to time to lend additional funds related to School for that purpose. All plans and designs for the TV -1 and TV -2 permanent schools shall be in conformity with the facility and cost guidelines of the Greene Program and the State Department of Education and shall be prepared with the understanding that funding under that program will be used to construct the schools. Further, the plans and designs shall promote joint use of adjoining park area for school purposes, as wall as joint use of the school grounds and facilities for park purposes, and shall minimize physical barriers thereto wherever possible. 7, priorities for Funding. The District shall establish priority, In Its applications for permanent school funding, for the school projects which will best relieve both short -teen and long -term overcrowding for the District is a whole, based on the considerations of this Section. Rdio4198e soy the preparation of construction documents for either or both permanent schools, up to the limits which are expected to qualify for reim- • bursement under the Greene program. In order to minimize design costs for the TV -2 School, serious consideration shall he given by the District to adapting construction drawings developed for the TV -1 School for that purpose. All plans and designs for the TV -1 and TV -2 permanent schools shall be in conformity with the facility and cost guidelines of the Greene Program and the State Department of Education and shall be prepared with the understanding that funding under that program will be used to construct the schools. Further, the plans and designs shall promote joint use of adjoining park area for school purposes, as wall as joint use of the school grounds and facilities for park purposes, and shall minimize physical barriers thereto wherever possible. 7, priorities for Funding. The District shall establish priority, In Its applications for permanent school funding, for the school projects which will best relieve both short -teen and long -term overcrowding for the District is a whole, based on the considerations of this Section. Rdio4198e soy Agreement Page 10 (a) Schools Needle.- The District will submit it the earliest • possible dates careen Program (and /or other program) applications for all schools expected to be needed during the period of this Agreement. These schools include an as- yet - unidentified new elementary school outside of Tern Vista to serve the westerly area of the District, the Bear Gulch school facilities not already constructed, the two proposed elementary schools in Tern Vista serving the easterly area of the District which are the subject of this Agreement, and a proposed junior high /intermed- late school. (b) Elementary Schools. Prior to anticipated receipt of a Phase Greene Program approval of any project application, or at any comparable stage in other candidate funding programs, the Dis- trict will compute or re- compute, as applicable, the New Student Points attributable to the "Easterly Development Ana' of the District (being the area east of Hayen Avenue encompassing the Terra Vista Planned Community) and to the 'Westerly Development • Area" of the District (being the area west of Haven Avenue and /or south of foothill Boulevard), along with the net New Student Points for each Development Area (defined as the New Student Points less the student design capacity of new school facilities built or to be built or purchased as a result of project applica- tions in that Development Area which have already received an allocation of funds for Phase III or construction funding). This computation shall be made at the latest date at which the funding source will allow the District to change the priority of its applications with respect to the pending Phase 11 approval, provided that Lewis shall have one Week before said deadline to verify the computation; the District agrees to correct any errors disclosed by Lewis' review. If the Easterly Development Area has the highest total of net New Student Points, then the application for the applicable Terra Vista elementary school shall ha accorded the highest District priority for funding; prov load , • however, that an application for expansion of the then- existing facilities at the Bar Gylch school may at the discretion of the i1 Rev. 091984 a oar Agreement Page 11 • District be accorded the highest priority notwithstanding this paragraph. The parties intend that each application for in elementary school in Tern Vista will be submitted, and if necessary amended, to include a complete school with facilities for at least six hundred ninety (690) students, to the extent the District then qualifies for a complete school under the Greene Program. If phased construction of either permanent Terra Vista elementary school is unavoidable, the paniei agree that completion of such school shall retain priority over construction of other schools, unless the parties mutually agree upon a different order of priority. (c) Junior Nigh Schools. Notwithstanding anything contained in this Section 7 of the Agreement, if the total enrollment in the District in grades 7 -8 has reached one thousand fifty (1,050) students before a particular Terra Vista elementary school application has received Greene Program Phase 11 approval (or any • comparable stage of approval in other candidate funding programs), the District may substitute a facility which will serve grade 7-8 students as its top priority for funding, in place of the indicated elementary school. This my be done once; thereafter, both the TV -1 and TV -2 Schools shall take priority over any further expansion of facilities to serve grade 7 -8 students. In the event the District elects to make the substi- tution permitted by this subsection, the grade 7 -8 facility shalt be located in Terra Vista and the land shall be purchased by the District at fair market value as promptly after the substitution has been elected as is reasonably possible taking into consid- eration the law and regulations applicable to the funding source. (d) Existing Schools. The District's existing schools known as Central, Valle Vista, and Dons Merced shall not be designated as top priority for funding (other than for rehabilitation or • reconstruction funding, only if it Is determined that such funding does not compete with new construction funding) until After tM maw facilities ipentified herein to be constructed In Ile Bra. 091981 zed Agreement Page 12 the Easterly Development Area have already been funded and construction or purchase completed. • 8. Interim Junior High Facilities. In the event conditions of over- crowding in the District with respect to grades 7 -8 than exist, Lewis agrees that before applying to the City for issuance of building permits for residential 00e111119s within the scope of this Agreement It shall pay to the District two- ninths (2/9) of the Impaction Fee applicable to those dwellings, which fraction is agreed to be the amount allocable to grades 7 are 8; provided, however, that any such Impaction Fee payments shall be adjusted proportionally to the change, from the Effective Data of this Agreement to the most recent anniver- sary thereof, in the Marshall 1 Swift Quarterly Cost Index, 1926 100, for Class D Buildings in the Western District. Upon tender by Lewis of such payment (or upon request if such payment is not applicable), the District shall issue a receipt for (or waiver of) payment and such letter or similar documentation as may be required by the City as a prerequisite to issuance of building permits. • 9. Interim Elementary Facilities. In the event the District receives funding allocations applicable to the TV -1 and /or TV -2 Schools pursu- ant to the Greene program or any other source for site planning, feasibility studies, preparation of construction documents, construction of school facilities, and /or any similar related pur- poses. Lards shall be fully relieved of the corresponding obligations undertaken or required to be undertaken pursuant to this Agreement. Except as "leased from such obligation as provided by the preceding sentence. Lewis shall furnish Interim school facilities at both the TV -1 and TV -2 School sites according to the following schedules, terms, and conditions: (a) Compatibility with permanent School. Lewis and the Architect selected by the District (the "District Architect-) shall jointly cooperate to prepare a site plan, classromn elevation, and con building elevation for the applicable interim school mutually • acceptable to Lewis and 11 District. It is Intended that a V Rev. 091964 307 Agreement page 13 substantial portion of the facilities required for each interim • school will be located on the site of the future permanent school. Some of these improvements ( "reuseable improvements ") could potentially remain in place as part of the permanent school. It is a gal of the parties that all potentially reuse - able Improvements be designed and constructed in such a manner as to be compatible with (though not necessarily identical to) the design of the permanent school which will be built on the site. Such facilities shall be designed, so far as is reasonable and practical, to be consistent and compatible with this gal. To the extent this objective is achieved, it is expected that Lewis can recoup or partially recoup the cost of such improvements when the site Is subsequently purchased by the District or the State. Plans and designs for all potentially reuseable improvements shall be in conformity with the facility and cost guidelines of the Greene program and the State Department of Education and • shall be prepared with the understanding that funding under that Program will be used to eventually acquire the permanent school Site and any reuseable improvements which may have been con- structed in conjunction with implementing the interim school. These improvements may include permanent buildings if mutually agreed by the parties. If the District Architect determines that construction of any portion of the planned facilities on the permanent school site would cause the estimated costs of the permanent school to exceed anticipated Greene program allowances, the District shall delete or defer sufficient improvements to bring costs within those allowances, or, alternately, may elect to require Lewis to construct such facilities In which event the cost of such work shall be paid to Lewis in advance by the District prior to the start of construction. however, in the event the city requires construction of streets and road Improve. mots on the site in a manner which exceeds guidelines under the Greene Program, and in the further event title to the site has • not passed to the District at the time of construction, such excess cost and expense shall be the responsibility of Lewis. The Vm Rev. 091984 s01 Agreement Page le Site plan of Exhibit 1 has been designed so as to limit the • economic loss to be sustained if Lewis is required to install site improvements which will trot be subsequently purchased by the District or the State at then - current fair market value, and the parties intend that the final approved plan shall Trot be more expensive, either in terms of use of land or of construction cost. The parties further intend Mat the plans for each interim school will incorporate joint use of the adjoining park for school purposes. (b) Site Plans. Lewis shall loan to the District funds for site planning work as provided in Section 6. Subject to the require - Mots of subsection 9(a), the site plan for the TV -1 interim school shall be in substantial conformance with Exhibit L Within six (6) months from the start of such site planning for the TV -2 interim school, a final site plan, acceptable to Lewis, shall be submitted to the District for its approval, which approval shall be affected within sixty (60) days from the date • of submittal and which may not be unreasonably withheld. (c) Construction Plans. Within six (6) months after the mutual approval of the site plan for the TV -2 interim school, and within two (2) months after mutual approval of the site plan for the TV -1 Interim school, and to the extent necessary by law. Lewis shall complete construction plans for the interim school, or the first phase thereof, and submit them to the Office of the State Architect ("OSA ") for approval. In the event that review of construction plans for either the TY -1 or TV -2 school by the District Architect is required by OSA prior to submittal, the District shall cooperate In making such application and /or authorizing such services and Lewis shall pay all costs incident thereto, to be reimbursed as may be allowed by law. (d) Opening Date for TV -1 School. The planned opening date for the • TV -1 School shall be September, 1986. Such date may be adjusted by mutual agreement, and +sAA)1 be adjusted, if necesitry, (i) so Rev. 091981 1 301 Agreement Page 15 • as to be no earlier than six (6) months following OSA's approval of construction plans; and (ii) to be no earlier than the start of the next school quarter beginning more than ninety (90) days after the Estimated Students Generated in grades K -6 reaches the number three hundred (300). (e) Opening Date for TV -2 School. Within six (6) months after submittal of plans for the TV -2 School to OSA. Lewis shall determine a proposed opening date for that school and shall submit that date to the District for its approval. Such date nay later be adjusted by mutual agreement, and shall be adjusted, if necessary, so as to be no earlier than six (6) months following OSA's approval of construction plans. The parties intend that this opening date shall be established to be no later than the start of the next school quarter after occupancy of a number of homes in Tern Vista sufficient to generate a total of 840 K -6 students and no earlier than the start of the next school quarter • beginning more than ninety (90) days after the Estimated Students Generated in grades K -6 nachos the number six hundred ninety (690). (f) Start of Construction. No later than five (5) months prior to the projected opening date of the applicable school, Lewis shall commence construction of the site Improvements needed at the time of opening of the school and. once begun, shalt proceed diligently to completion. (g) Facilities to be Provided. Except as such obligations may be released as provided herein, and In accordance with the provisions of this Agreement, Lewis shall make the applicable Interim school available to the District configured as defined in this subsection and will be responsible for the cost and expense of all tests and Inspections necessary to qualify such facility for use as an Interim chool; Rev. 091984 310 Agreement Page 16 (i) Classrooms. Men the TV -1 School is initially made • available for use, Lewis shall provide a number of class- rooms equal to the cumulative Estimated Students Generated in grades 1 -6, divided by thirty (30). Thereafter Lewis shall provide additional classrooms, from Live to time. So that the total number of classrooms provided will be equal to the cumulative Estimated Students Generated in grades 1.6, divided by thirty (30), but not to exceed nineteen (19) classrooms in all. The required number of classrooms shall be rounded to the ,earest whole number. The number of classroom required at the TV -2 School shall be computed in the same manner es in the preceding para- graph, except that the Estimated Students Generated shall be reduced by five hundred seventy (570), representing the number of Terra Vista students in grades 1-6 which can be housed at the TV -1 School at its intended design capacity. Each required classroom shall be provided at the respective • school Within hinety (90) days after the Estimated Students Generated reach the level Which makes that classroom necessary. The classroom to be provided will be relocatable or, at the option of Lewis. permanent, or partly relocatable and partly permanent, and will meet the applicable construction and handicapped access standards of OSA. Aelocatable classrooms will appear substantially as shown on Exhibit J, attached hereto and will hove substantially the features indicated in Exhibit A, attached hereto. (il) Core Buildings. -Core buildings" are defined as adminis- tration buildings, kindergarten room, restrooms, library/ resource buildings, and serving kitchens. The square • footage allocated to core buildings at each of the Terra Vista interim school sJ to% shall be In accordance with the x es' fuv. 091981 1 $it Agreement page 17 schedule established in Exhibit B, attached hereto, and • shall be provided in accordance with the phased schedule provided therein. - All core buildings will be relocatable or, at the option of Lewis, permanent, or partly relacatable and partly pervm- nent, and will meet the applicable construction and handi- capped access $tandems of BSA. Except as noted in Exhibit B. attached hereto, construction features of relo- catable core buildings shall be the same as those for classrooms as shown in Exhibit A, attached hereto. Relocatable core buildings will include additional interior features appropriate for the intended use, as generally described in Exhibit B, but core buildings other than restrogm shall not exceed. in LMis' sole determination, the estimated cost per square foot of the classrooms described in Exhibit A by more than fifteen percent (Is'), • The exterior appearance of core buildings will be similar in character to Exhibit J. attached hereto. (ill) Basic Site Improvements. Subject to the requirements of subsection 9(a), Lewis will perform certain basic site Improvement work as specified in Exhibit C. attached hereto. (IV) Other School facilities and Improvements. Subject to the requirements of subsection 9(a), Lewis shall provide certain other facilities and improvements is more fully described on Exhibit 0, attached hereto. and In accordance with the phased schedule established therein. (v) Notice of Availability: Lewis shall notify the District when each building or other facility provided pursuant to this subsection is available for school use. The District • shall not conduct school activities, or permit other activ- ities under its control, in areas under construction or not yet designated by Ln }s as available for use. District 1 Rev. 091984 Agreement Page 18 acknowledges that Lewis may from tfam to tim conduct • construction and related activities on the site while school is in session, and Lewis agrees to reasonably attempt to minimize any resulting disruption of education activities. Lewis shall at all times have the right to construct or install facilities. fully or partially, sooner than required by this Agreement. (vi) furniture and Equipaent. Lewis will supply furniture and equipment for the classrooms and core buildings required pursuant to this Agreement at the time each such building is nude available to the District. The budget formula and schedule for such furniture and equipment is included in Exhibit E. attached hereto. (vii) Additions by the District. In the event the District desires to add more Capacity to the applicable school at any Liam, site improvements, core facilities, and up to three • classrooms or twenty percent (205) of the number Lewis is required to provide pursuant to this Agreement, whichever is greater, may be added at the sole expense of the District. All such facilities added to the school shall be compatible with the existing facilities and the development plan for the school, and Lewis shall have the right to approve their location and design; such approval shall not be unreasonably withheld. The District shall give Lewis sixty (60) days' notice of its intention to add facilities to the site. 10. License for Use. The first day of occupancy Of either the T9 -1 or TV -2 School by the District, whether for purposes of an operating school or for any other purpose, is hereinafter referred to as the "Occupancy pate" for the respective school, At the Occupancy Date for each respective school, Lewis shall be damned to have granted the District a license for use of the premises, thereby permitting the • District to use the school subject to the terns, conditions, and restrictions hereln contained. Title to the site and facilities Rev. 091981 si3 Agreement Page 19 furnished pursuant to this Agreement will not be acquired by the District except as provided herein. Such license shall never ripen into any permanent right. interest, or title in the site or use thereof. (a) Risk of Loss. All risk of loss with respect to either the TV -1 or TV -2 interim school pursuant to this Agreement shall pass to the District As of the Occupancy Date. On the Occupancy Date the District shall Assume all subsequent risk of damage to property or injury to persons in, upon, or about the sites from any cause other than Lewis' negligence, and District hereby waives all claims in respect thereof against Lewis. (b) Use License Fee. The District shall pay a use license fee of One Dollar (fl) per year for each full year or partial year of use of the facilities until termination of the use license as in this Agreement provided or until school facilities funding applicable • to the site purchase sod facilities construction is allocated to the District from the Greene program or other state, federal, or local source, at which time the District shall purchase the site from Lewis sod reimburse Lewis for other casts and expenses as more fully described and authoriled herein and the use license Shall terminate. (c) Operating Expenses. The District shall be responsible for, and Lewis shall have no obligations with respect to, the operating expenses of either the TV -1 or TV -2 School, including but not limited to All maintenance, repair, restoration. and utility costs of the site or the facilities furnished hereunder, to that the District's use of the site under the use license shall be analogous to what is Commonly referred to as a "triple net" lease. In the event any or all of said facilities are not purchased but are returned to Lewis, for Any reason, said • facilities shall be returned in good condition, normal weer and tear excepted. District shell keep the property, including all improvements thereon, free from soy lints arising out of soy work ij.N a Rev. 091986 1/f/ Agreement Page 20 performed, materials furnished, obligations incurred or taxes • unpaid. (d) Liability Insurance. District shall, at its expense, obtain and keep in force at all times subsequent to the Occupancy Date policies of comprehensive general liability insurance, including but not limited to products /completed operations and Contractual, in a form and issued by an insurer acceptable to Lewis with limits totalling not less than Fifty Million and 00 /100 Dollars ($50,000,000.00) combined single limit bodily injury and property damage, or such higher limit as District's current policy provides, insuring District as named insured and Lewis as addi- tional insured against any and all liability with respect to the property described herein or arising out of the maintenance, use, or occupancy thereof. No such policy shall be cancellable or subject to reduction of Coverage except after thirty (30) days' prior written notice to Lewis, and a certificate of insurance so stating shall be delivered to Lewis by District prior to first • occupancy of the site. Should District fail to obtain such insurance, or issuance of a binder therefor, or fall to renew it at least thirty (30) days prior to its expiration or cancella- tion, Lewis shall have the right to obtain comparable insurance at District's sole expense. (e) Other Insurance. District shall, at all times subsequent to the Occupancy Date, maintain a policy of all -risk property insurance, as well as a policy of earthquake and flood Insurance, in a form and Issued by an insurer acceptable to Lewis to the extent of full replacement value on the buildings, other improvements and furniture and equipment that are provided by Lewis hereunder. Said policy of ail -risk property insurance shall be maintained at District's sole st and shall name Lewis a additional insured. With regard to d policy of earthquake and flood insurance, both the premiums therefor and responsibility for any deductible • amount therefrom shall be borne equally by District and Lewis, and said policy shall now Lewis and District as Insureds as F Nov. 091984 3 is Agreement Page 21 their interests appear. NO such policy Shall be cancellable or issue ;eat to reduction of coverage except after thirty (30) days' prior written notice to Lewis, and a certificate of insurance so stating shall be delivered to Lewis by District prior to first Occupancy of the site. Should District fail to obtain such insurance. or issuance of a binder therefor, or fail to renew it at least thirty (30) days prior to its expiration or cancella- tion, Lewis shall have the right to obtain comparable insurance at District's sole expense. (f) Priority of Coverage. All insurance policies required to be provided by District hereunder shall in every event be primary coverage and in no event be contributory with insurance policies separately mintaidd by Lewis. (g) Subrogation Waiver. District grants to Lewis, on behalf of any insurer providing insurance to the parties hereunder, a waiver of • any right or subrogation which any aYah Insurer may acquire against Lewis by virtue of payment of any loss under such insurance. (h) Restoration. I£. at any time subsequent to the Occupancy Date, the site, core facilities, restrooms, classrooms, furniture, and /or equipment being used by the District pursuant to this Agreement are totally or partially destroyed by any cause, whether insured or not, District shall replace or restore such Improvements to substantially the same condition as they were in immediately before destruction. (I) Tenant Improvements. The District my, at its sole cost and expend, subject to the approval of Lewis, which shall not be unreasonably withheld, add Improvements to the buildings or other facilities provided by Lewis hereunder, except that any such • improvements required to be made by local, state, or federal statutes or regulations not in effect at the Occupancy Dote my be eade without obtaini ng such penaission of Lewis. All such Rev. 091991 1pw;',�• ei/dm Agreement page 22 improvements which constitute fix,."es shall became the property of Lewis upon installation, excep: that the parties may agree, prior to installation of any given improvement, that such improvement shall not be considered a fixture for purposes of this Agreement. In the event that any improvements are removed by District. District shall, at its sole cost and expense, restore any dWge done to the buildings or other facilities on the site in the course of installation or removal thereof. 11. Temporary Student lousing. In the event the District certifies to Lewis by bard resolution that it does not have space available anywhere in the District to house Terra Vista students in grades 1 -6 or grade K, as applicable. generated from residential developments within the Scope of this Agreement: (a) prior to the opening of the TV -1 interim school; or (b) who are to be temporarily displaced from an interim Terra Vista • school then in use during permanent construction of either the TV -1 or TV -2 School, or (c) during the period of time which commences with the date the Estimated Students Generated in grades K -6 reach six hundred ninety (690) students, the normal design capacity of the TV -1 School, and which extends until the data the TV -2 School is available for use, then, in such event, Lewis shall provide trailer classrooms for such Students to be used by the District until the opening of said school or until such student capacity is available elsewhere in the District, whichever occurs first. As used in this Agreement, "Trailer class - roans" shall wan and refer to air conditioned double -wide classroom trailers approximately 20' x 62', leased and installed at the lowest rate Available from suppliers in the general market area, which • generally will not include all the features listed in Exhibit A attached hereto, The number gf trailer classrooms required to be A� Rev. 091981 3.1 Agreement Page 23 • furnished pursuant to this Section shall not exceed the Estimated Students Generated less the student capacity of other facilities provided by Lewis hereunder, divided by thirty (30), rounded to the nearest whole number, and in the case of subdivisions (a) and (c) shall be provided no later than at the time of issuance of the first Certificate of Occupancy (excluding models) for each subdivision, or construction phase thereof, which will contribute to such problem. For each required trailer classroom, Lewis will bear the cost and expense of lease or rental payments, delivery, and set -up on a tempo. rary above -grade foundation. Lewis will also pay for subsequent disassembly and removal, unless the District chooses to continue using the trailer after the period specified above, in which case the District will assume such costs. All other necessary site preparation to accommodate these trailer classrooms will be provided by the District, except that Lewis will pay for the actual cost not to exceed Five wundred Dollars (SSOO) for extending utility services to each trailer. Lewis will also provide the use of necessary furniture and • equipment for the required trailer classrooms (limited to desks, chairs, tables, storage, bookspace, and chalkboaroa) to the extent the District certifies it has no other means of providing same. 12. Use of Funding for TV Schools. As funds specifically allocable to either the TV -1 or TV -2 School site are received by the District from federal, state, or local funding sources, then such funds shall be applied as follows: (a) Design Reimbursement. First, the District shall reimburse Lewis for the principal amount, without Interest, of: (I) any loans made by Lewis for site plans, construction plans, and related study, planning, and design activities for which Lewis would not otherwise be paid in connection with the purchase of the Improved site, Including architecture and • engineering fees, and which an within the category of expenses which can be/ authorized for reimbursement by said funding source, and tl Rev. 091981 si t Agreement page 24 (2) any processing, checking, subdivision, or related fees and /or exactions related to the school and charged by any • level of government, Mich My have been paid by Lewis (whether paid directly or via loans to the District) and which are within the category of expenses which can be authorized for reimbursement by said funding saurce. (b) Site purchase. Second, the District shall purchase the permanent school site at the then- current fair market value. The purchase price shall be determined by appraisal at the time of sale so as to give appropriate value to onsite and offsite improvements installed by Lewis including, if applicable, permanent struc- tures; determination of the purchase price shall be in accordance with applicable law and /or applicable regulations but Lewis reserves its right to contest such determination and to require the District to proceed in eminent domain. The purchase trans- action shall take place proigtly upon funding being allocated to the District by the funding agency, and the parties contemplate • an escrow of rat mom than thirty (30) days after notice of funding ctmmitment has been received by the District. (c) Furniture and Equipment. Third, unless prohibited by law and /or applicable regulations. In the event Lewis elected to initially supply new furniture and equipment as requested by the District In accordance with Exhibit E. the District shall tender an offer to Lewis to purchase such furniture and equipment complement of that school at the then -fair market value or the Mximm amount allowable under the guidelines of the funding source, whichever is the lesser. Lewis shall accept or "Jett said offer within thirty (30) days. (d) Buildings. Fourth, the District shall construct on the site a perMOent school designed to serve at least six hundred ninety (690) grade K -6 students. Upon first receipt by the District of • Mae III or construction funding, the use license for the associated Interim school 'hall terminate, and the District My C Rev. 091984 3/9 Agreement Page 25 • enter Into a lease agreement at an annual rate of One Dollar (SS) for a tern extending for ova (1) year thereafter or such further extension of time as may be reasonably required until construc- tion of permanent facilities at the site by the District is domplete. Substantial completion of construction of the perse- nent school shall terminate said lease, whereupon Lewis shall have the right to remove its buildings and develop the temporary site for other uses. "Substantial Completion` as used herein shall mean the earlier of the issuance of a certificate of substantial completion of the buildings by the District Architect or first occupancy by the District thereof for any purpose. Should phased construction of the peraunent school be unavoid- able, substantial completion of each phase thereof shall remove from the lease the corresponding interim school buildings. In the event the District in its sole discretion so elects, it may tender an offer to purchase at the then - current fair market value any reloatable classroom and /or core facilities located at the • interim school. Lewis shall accept or reject said offer within thirty (30) days. Lewis shall have the right, at its discretion and at its expense, to conduct in audit of the financial records of the District during normal business hours and at the business office of the District for the purpose of determining compliance of the District with the re- qulrements of this Agreement. 13. TV -1 Funded First. School facilities funding allocations available to the District from federal, state, or local sources which, pursuant to this Agreement, are applicable to the TV -1 or TV -2 Schools shall be allocated first to the TV -1 School until the District's obligations to Lewis related thereto have been fully satisfied, unless a different application of funds is agreed to in writing by the parties hereto. • le. Funding Ineligibility. In the event state, federal, local, or any other funding for site acquisition and permanent school construction is allocated to the District,v agd pursuant to the terns of this Rev. 091981 ,I sex o Agreement Page 26 Agreement said funding should be designated for either the TV -1 or • TV -2 School but by law, regulation, or the terns of such allocation the funding my not be applied to purchase said site as required by this Agreement, then: (a) the District shall utilise such funding for reimbursement to Lewis in the manner required by this Agreement so for as permit- ted by the regulations applicable to the funding source and shall apply the remainder to plan, design, and purchase a site from Lewis, and construct a permanent school within Terra Vista serving the same attendance area as the TV -1 or TV -2 site which could not be purchased, (b) Lewis shall be relieved of its executory obligations undertaken pursuant to this Agreement corresponding to said TV -1 or TV -2 School, and (c) when such school is opened, then the District shall quitclaim or • otherwise release any right, title, or interest in the TV -1 and/ or TV -2 sites, and all improvements located thereon, including any license or leasehold interests arising out of this Agreement. 15. notices. All notices and demands which may or are to be required or Permitted to be given by either party to the other hereunder shall be in writing. All notices and demands my be personally served or shall be sent by United States sail, postage prepaid, addressed to the address below designated or to such other place as a party may from time to time designate in a notice given in accordance with this paragraph. To Lewis: Lewis Hones of California 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 Attention: General Counsel To District: Central School District • 9507 Foothill Boulevard Rancho Cucamonga, CA 91770 Attention: Df strict Superintendent Rev. 091984 s.2/ Agreement Page 27 16. Successors and Assigns. The covenants and conditions herein contained • apply to and bind the successors, administrators, and assigns of all the parties hereto according to the terns of this Section. District shall have no right of approval or disapproval of any sale or purchase of- real property in Terra Vista. Notwithstanding the preceding sentence, Lewis shall have the right to assign or transfer its rights, duties, and obligations pursuant to this Agreement, or any portion thereof, to any person, firm, or corporation at any time during the term hereof subject to the prior written consent of the District, which consent will not be unreasonably withheld; provided, however, that the above restriction on transfer shall not apply to transfers between or among any business entities controlled, or with more than fifty percent (50%) capital interest owned, by any one or more Lewis business entities or any one or more of the Lewis family members. Any such assignment or transfer of duties or obligations wherein the transferee is approved by the District pursuant to this Section and expressly assumes the duties of Lewis hereunder shall relieve Lewis • from the duties so assumed. 17. inability to Perform. This Agreement and the obligations of each party hereunder shall not be affected or impaired because either Lewis or the District is unable to fulfill any of its obligations hereunder or is delayed in doing so. If such inability or delay is caused by reason of war, civil insurrection or disturbance, strike, other labor troubles, nonavillability of materials or nonavailabitity at a reason- able price, fire, flood, other unusual weather, acts of God, delays in receiving District, City, or State approvals required pursuant to this Agreement, or any other cause beyond the reasonable control of the party so obligated to perform, 18, Attorneys' Fees. In the event of any action or proceeding brought by any party against any other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses Including the fees • of Its attorneys in such action or proceeding In such amount as the Presiding officer to such ale ion or proceeding may adjudge reasonable Rev. 091984 1�L Agreement Page 28 as attorneys' fees, whether or not the proceeding continues to • Judgment. 19. Severability, Any provision of this Agreement which shall prove to be invilid, void, or illegal shall in no way affect, impair, or invali- date any other provision hereof and such other provision shall remain in full force and effect. 20. Sole Agreement. This Agreement, upon execution by the parties hereto, constitutes the sole and only agreement between the parties as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and /or representations, express or Implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties which are not expressly set forth herein; and if either party has attempted to make such covenants, warranties, and /or representations, promises or prior agreements, the same are each superseded hereby and waived. • 21. No Agency. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency, or other business relationship between or among then. 22. Suspension. In the event that any state or federal law or regulation enacted or adopted after the date of this Agreement, or other action of any governmental entity not under the control of the District, shall prevent or preclude compliance with any of the provisions hereof, such provisions shall be modified or suspended only to the extent and for the time necessary to achieve compliance with said law, regulation, or other governmental action, and the resse ining provisions of this Agreement shall be in full force and effect; provided, how- ever, the contractual doctrines of impossibility and commercial frustration shall apply. Upon repeal of said law, regulation, or other governmental action or occurrence of other circumstances • removing the effect thereof upon this Agreement, the provisions hereto shall be restored to their fullyp grlgi Ml effect. Rev. 091981 Iir(, 3263 Agreement Page 29 23. Default. In the event of alleged default or breach of any terns or • conditions of this Agreement the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature Of the alleged default and the manner in which such default may be satisfactorily cured. During any such thirty -day (30 -day) period the party charged may commence and there- after diligently proceed to cure such default, and in such event the party charged shall no longer be considered in default. In the event such breach or default is not cured, the non -defaulting party may enforce this Agreement by bringing an action in law or equity, and the parties agree that specific performance shall be an appropriate remedy to be sought. The parties specifically agree that District may not because of an alleged default or breach by Lewis refuse to issue letters or receipts to City as provided in Section 4 of this Agreement. The remady for an alleged breach by Lewis shall be in accordance with compliance with this Section 23. • 24. Incorporation of Exhibits. This Agreement includes Exhibits A through K. attached hereto, which are hereby made a part hereof by this reference. 25. Marginal Headings. The marginal headings are not a part of this Agreement and shall have no effect upon the construction or interpre- tation of any pert hereof. AeY 9I984 SUY Agreement Page 30 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of • the date first above written. "District' CENTRAL SCHOOL DISTRICT By: By: 'Lewis' LEWIS HONES OF CALIFORNIA, WESTERN PROPERTIES, a general partnership a general partnership By: �/.�s.i %/�� By: AuiFd ize Agent F [ uA tT.orize�T9ent LEWIS DEVELOPMENT CO., a general partnership By: /✓ ".p� /L L...r Au o ue g� JPW:d4:drh /918BB Rev,' kin Jar • 17J • E A RELOCATAbEE CLAS CLASSROOM FEATURES Classrooms will be modular, approximately thirty feet by thirty -two feet (30' x 321) in size (960 square feet), with a ceiling height of approximately nine feet (9'), and will have substantially the following features: Foundations: Foundations will consist of wood plates and wood cripples bearing on compacted earth, with concrete pier supports where modules bolt together. Structure: Classrooms will be all wood construction, with wood girders, wood floor ,Joints (or trusses, at Lewis' option), plywood floor sheathing, 2" x A" wood studs, wood roof ,Joists (or trusses, at Lewis' option) with four foot (9') roof overhang on front entry side, wood fascia boards, and plywood roof sheathing. Exterior walls will be finished with plywood siding (T1 -11 or comparable texture), with 1" x 3" wood trim. • Thermal and Moisture Protection: 1, Classrooms will be insulated with fiberglass insulation, R -11 at walls and R -19 at ceilings. 2. Classrooms will be roofed with a three -ply built -up Class A roof assembly of fiberglass- reinforced felts. covered with a fiberglass- reinforced cap sheet. weight of the completed assembly will be approximately 197 pounds per square. 3. Flashings and other sheet metal work, including gutter and downspout at front entry and foundation vents, will be of 25 gauge galvanized steel, except that any sheet metal work at or below eight feet (8') above floor level shall be gauge material, 101 Rev. 091984 page 1 of A 3 a6 EXHIBIT A RELOCATABLE CLASSROOM FEATURES • (continued) Doors and Windows: 1. Each classroom will have a solid core wood door in a metal door frame. Door hardware will be lever - handle type, and locks shall be keyed alike to District's existing keying system. 2. Each classroam will have approximately forty -eight (48) square feet of window area, consisting of clear tempered float glass, 1/4" thick, set In fixed aluminum frame(s). Finishes: 1. All interior walls will be surfaced with 112" gypsum board. Two (2) of these walls of each classroom will be painted (see Item 3 below) and the other two (2) of these walls will be covered with tackboard (see Item 2 below). . 2. Two (2) walls of each classroom will be finished with vinyl - covered taCkboard. Tockboard will be 112" thick mineral fiber wallboard with its exposed surface and all edges covered with 22 oz. (per lineal yard) vinyl fabric. 3. All painting, exterior and interior, will be two- (2 -) coat work, with fiat 100% acrylic latex materials, except as provided below: a. Galvanized metal, if Actor primed, one coat: if not precoated, etch and two (2) coats. D. Exterior semi - transparent stains (if any), one (1) coat. C. Semi -gloss and /or gloss finishes, three (3) coats. d. Natural finish cabinets, stain, seal, and two (2) coats lacquer • or varnish. 0 Rev. 091984 page 2 of 4 3a9 EXHIBIT A • RELOCATABLE CLASSROOM FEATURES (continued) Factory finish material will not be painted. 4. Ceilings will be suspended acoustic ceilings of 24' x 48 x 5/8" lay -in tiles in 2' x a' T -bar suspension systems with seismic provisions as required. S. Finish flooring will consist of Bigelow 21 -ounce 'Campus" woven carpet, or equal, padded, over the entire floor of each classroom except for a six foot (6') wide by thirty -two foot (321) long area along the side of each classroom. where the cabinet occurs, which will be covered with 0.90 gauge sheet vinyl. Four inch (4') rubber base will be installed around the perimeter of each classroom. Miscellaneous: • 1. Each classroom will be equipped with twenty -four (24) lineal feet of thirty -six inch (36 ") high base cabinets, paint grade or prefinished, at Lewis' option, with W wide plastic laminate counter top and 6" high plastic laminate back splash. All cabinet and plastic laminate work will meet the requirements of the Woodwork Institute of California (W.T.C.) for "Custom" grade. 2. Each classroom will be fitted with a 30' x 18" stainless steel sink, installed in the base cabinet, and equipped with cold running water. Heating, Ventilating, and Air Conditioning: Each classroom will be equipped with one (1) 3 -tan wall- mounted "Bard" (or comparable) electric heat pump, with ductwork, not less than two (2) supply registers, and grilles as necessary. Each heat pump unit will be controlled by its own thermostat; all thermostats in each "cluster," or group, of classrooms will be controlled by a single time clock. Each unit will also be equipped with Sa two -hour bypass timer which override, the timM clock. 1 Rev. 091984 page 3 of 4 la 3 EXHIBIT A RELOCATABLE CLASSROOM FEATURES • (continued) Lighting: Each classroom will be equipped with 2' x 4' four -lamp recessed fluorescent fixtures, suitable for lay -in installation in ceiling T -bar suspension system, in sufficient quantity to provide an illumination level of 70 -toot candles at desk height. Communications and Time Apparatus: Each classroom will be equipped with the following items: 1. Intercom and telephone meeting the State Fire Marshal fire phone requirements. 2. Individual wall- mounted clock. • • Rev. 091984 Page 4 of 4 saf EXHIBIT 8 • CORE BUILDINGS Administration Building: Lewis shall provide an administration building approximately 1,920 square feet in area when the school is initially made available for use. A portion of the administration building my tem- porarily be used for library /resource activities. Features of the adminis- tration building will be similar to those of classrooms, except that interior fixed or movable partitions and doors will be provided. tackboard will be provided in display areas, cabinet or shelf space may vary, and min equipment for the intercom, clock, and fire alarm systems will be included. Kindergarten Roams: Lewis shall provide the first approximately 1,280 square foot kindergarten roam when the school is initially made available for use, and a second when the twelfth (12th) classroom is required. Features will be the Sam as those of classrooms, with the addition of kindergarten restraw facilities and cabinet and countertop space increased • to proportion to the increase in size of the classroom. Pestroom Buildings: Lewis shall provide restroom buildings designed to comply with applicable code requirements for the Estimated Students Generated. It is tentatively planned that the first restroom building shall be provided when the school is initially made available for use, a second when the ninth (9th) classroom is required, and a third when the seventeenth (17th) classroom is required; however, the number and phasing of restroom buildings my vary in the final design, so long as code re- quirements are mt. Each student restrow area will contain boys' and girls' restroom facil- ities as well as exterior drinking fountains. Construction features will be similar to those for classroom, except that stalls will be added and lavatories, urinals, and toilets will be provided. Cabinets, countertops, chalkboards, and tackboard will be deleted, and operable or louvered windows will be substituted for air conditioning. All lavatories will have hot and cold running water, floors will be finished with sheet vinyl, and all wall surfaces will be finished with "frp" panels. `,t s Per. 091984 Page 1 of 2 3VO EXHIBIT R • CORE BUILDINGS on nue Restrow facilities for adult staff will be provided either in the student restrow buildings or in other appropriate core buildings. Library /resource building: Lewis shall provide a library /resource building when the fifteenth (15th) classroom is required. Until that time, library/ resource functions will be housed in the administration building, or may be housed in an extra classroom or kindergarten row if Lewis has chosen to make such a building available in advance of its being required under this Agreement. The library /resource building will be approximately 1,920 square feet in area. Features will be similar to those for classrooms except that interior partitions and doors will be provided, tackboard will be provided in display areas, no sink or chalkboards will be provided, and cabinet or shelf space may wary. • Serving Kitchen: Lewis shall provide a serving kitchen approximately 320 square feet in site when the fifteenth (15th) classroom is required. The serving kitchen will be equipped with counters, a triple stainless steel sink, hat and cold running water, and extra electrical outlets. It will be similar in construction to classrooms except that floors will be finished in sheet vinyl, tackboards and chalkboards will be deleted, all wall surfaces will be finished with "frp" panels, and pest - through window(s) will be provided. Until the serving kitchen is provided, a temporary food service area will be provided ej sawhere. C Ids • Rev. 091984 Rage 2 of 2 svi EXHIBIT C • BASIC SITE IMPROVEMENTS Lewis will provide the following basic site improvements to the portion of the site required to be developed with classrooms, core buildings, or other school facilities to serve students generated within the Scope of this Agreement. Clearing Rough grading and soil compaction Finish grading Retaining wall, at the option of Lewis (only if useable in the final permanent school is it likely Lewis will elect to construct such wall) Interim drainage facilities, as necessary Utilities Water Fire system Stier Electrical • Gas Telephone Cable TV, if available Intercom Fire access lane Street improvements, Terra Vista Parkway (south half): Pavement Curb and gutter Sidewalk Street lights Parkway trees and landscape Utility mains Store drain y` \•r y • Rev. 091984 Page 1 of 1 31V 2. EXHIBIT 0 OTHER SCHOOL FACILITIES AND IMPROVEMENTS • Lewis will provide the following other facilities and improvements, as generaily depicted in Exhibit I, when the number of classrooms for grade 14 students required pursuant to this Agreement has reached the number Indicated. To facilitate economical development phasing, and /or to mini- mize disruption of education activities, any expansion of facilities listed in this Exhibit which is required by this Agreement after the initial opening of each respective school, may be completed up to ninety (90) days after provision of the associated classroom is required. Horoscope play area, 2,370 square feet per classroom, maximum 45,000 square feet: Blacktop. 6" concrete curb, striping Sand apparatus area, 790 sq. ft. per classroom, maximum 15,000 square feet: Sand (6" depth), 6" concrete curb Playground apparatus, $1,000.00 per classroom, maximum 119,000, plus • the percentage increase in the Greene Program construction cost Index Adjustment Factor from the Effective Date of this Agreement to the date of purchase: As selected by the District, provided the total installed cost is within the above allowances. Large turf area, 4,050 square feet per classroom, maximum 77,000 square feet: Soil preparation, seeding with District's choice of grass and automatic irrigation Outdoor seating, 24 lineal feet per classroom, maximum 460 lineal feet: Approximately 251 at picnic table units (anchored), shaded by landscape netting over a wood frame; balance may be benches (anchored) and /or planters and /or picnic table units Parking lot, 3 spaces per classroom, maximum 75 spaces: Temporary pavement (2" A/C over 4" base on native soil), 6" concrete curb ob-t necessary, 2" xx 4" redwood header elsewhere, striping. • temporary lighting �Isel Rev. 091984 Page 1 of 2 xYJ EKHIBIT 0 • OTHER SCHOOL FACILITIES AND IMPROVEMENTS (Continued) In addition, Lewis will provide the following facilities, as generally depicted in Exhibit 1, on a phased basis as indicated below . Kindergarten play area, 5,000 square feet per kindergarten roan, maximum 10,000 square feet: Combination hardscape, turf, and /or sand with apparatus, as described above, substituting redwood header for curb where possible; chain link fencing Rain shelter, to be provided when school is initially made available for use: At bus waiting area and at administration building entrance only, maximum 1,000 square feet Courtyards, phased as necessary to serve classrooms or core buildings required pursuant to this Agreement: Landscape, pavement, or combination Walkways, phased as necessary to serve and connect all classrooms, core buildings, and other facilities required pursuant to this Agreement: Concrete or asphalt Site landscaping, phased as necessary for the portion of the site required to be developed with classrooms, core buildings, or other facilities pursuant to this Agreement: Modest planting and Irrigation Fire alarm /clock /intercom system appurtenances, to meet State Fire Marshal requirements, phased as District Architect recommends: Outdoor speakers O), fire bells (6), and fire alarm pull stations (6) Perimeter fencing, installed and /or relocated based on construction • activities: Chain link 81ke racks, installed as necessary to serve the Estimated Students Generated f u� Rev. 091081 1 Page 2 of 2 a VV EXHIBIT E FURNITURE AND EQUIPMENT • Lewis will supply furniture and equipment for the classrooms and core buildings required pursuant to this Agreement on the following basis: 1. When Lewis obtains building permits for a subdivision which will require provision of an additional classroom or core building(s), the District will compute the furniture and equipment budget for the new building(s) to be provided. The budget shall be the square footage times the allowance factor: Square footage is defined as the totally enclosed square footage (measured from the exterior rough wall lines) of classroom, kindergarten, adminis- trative, kitchen, and library /resource space. The allowance factor is defined as $1.06 times the Index Adjustment Factor for furniture and equip- ment established by the State Allocation Board for the Greene Program and which is current at the time such calculation is made. This index factor Is currently 2.73 and is adjusted from time to time. Within thirty (30) days thereafter, the District shall provide Lewis • with A detailed list of the furniture and equipment the District wishes to have provided within this budget. The list shall indicate current prices (including delivery charges, etc.) from at least three (3) suppliers and shall identify and describe the items in as much detail as may be requested by Lewis. The furniture and equipment requested for each classroom shall not exceed, in quantity or quality, the "Required Items" and - Preferred Types" thereof listed below. If Lewis provides new items of the brand and model indicated as the "Preferred Type ", or other new items deened equal thereto by the District, the District shall later offer to purchase said items as provided by this A reenwnt. All dimensions given below are approxi- mate. 1 • Rev. 021284 Page 1 of 3 3qd • EXHIBIT E FURNITURE AND E UIPMENT onty rue Required Items 42 Student chairs, 14" and /or 16" 32- Student desks, adjustable height 1 Rectangular table, 36" x 72' 1 Kidney table, 48" x 72' 1 Teacher desk, 30' x 48" 2 Teacher /aide chairs, 18" I Storage cabinet, 72" x 36" x 12" 2 Bookcases, 48" x 36" x 12" 1 wall projection screen, 60" x 60" 1 Tape player, multiple -jack 2 Chalkboards, 48" x 96" Preferred Type Virco 9000 Chrome Virco 785 Virco 4892 Virco 4962 Virco 545 Virco 9100 Chrome Holga 857224 Culver - Newlin SO 4836 -12 Knox 100/1060L Sharp 664 -AV Grant M07 The composition of the furniture and equipment list for buildings other than classrooms shall be at the discretion of the District, • except that no item may be included that would not be routinely permitted as a furniture and equipment expense under the Greene Program, and the budget may not be exceeded. 3. Lewis shall approve or conditionally approve the list within thirty (30) days. Lewis may approve the list as submitted, may request additional bids, may designate other suppliers whose prices are lower, or may substitute comparable new or used items if available at a lesser cost. 4. Lewis will purchase the furniture and equipment and arrange for its delivery by the time the school building(s) is(are) scheduled for initial occupancy. However, if requested by Lewis, the District will perform the administrative tasks of receiving and installing the furniture and equipment in the designated buildings, and forwarding invoices to Lewis for payme� Rev. 091984 Page 2 of 3 39 G EXHIBIT E FURNITURE n EOD IPMENT • —7—Cont, nue 5. In the event Lewis is able to effect savings below the costs projected by the District, or in the event of cost reductions after submittal by the District of its requirements, the District my not Increase its list of furniture and equipment but small be bound by its original sutmittal. ei • L. Rev. 091984 Pegs 3 of 3 3011 • • l� ,1 u Bev. 082484 EXHIBIT F INTENDED SCHOOL LOCATIONS JIMI TERRA VISTA PLANNED COMMUNITY LAND USE PLAN NM MN00 O EXHIBIT G LEGAL DESCRIPTION OF TY -1 SITE ' THAT PORTION OF SECTION 1, TOWNSHIP I SOUTH, RANGE 7 WEST, SAN 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OP CALIFORNIA, M SHOWN ON RECORD OF SURVEY RECORDED IN SOON 32, PAGE 72, IN THE OFFICE OF THE COUNTY RECORD- S ER OF SAID COUNTY, DESCRIBED AS FOLLOWS: W 23 26 25 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SPRUCE AVENUE AND THE CENTERLINE OF TERRA VISTA PARKWAY; THENCE ALONG THE CEN- TERLINE OF TERM VISTA PARKWAY NORTH 77.22'36' EAST 1033.32 FEET, TO THE TRUE POINT OF BEGINNING( THENCE CONTINUING ALONG SAID CENTERLINE NORTH 77.22'36' EAST 601.99 FEET; THENCE LEAVING SAID CENTERLINE SOUTH 12'37'26" EAST 755.91 FEET TO A POINT ON THE PROPOSED NORTHERLY RIGHT -OF -WAY LINE OF MOUNTAIN VIEW DRIVE; THENCE LEAVING SAID RIGHT -OF -NAY LINE SOUTH 06.63101• EAST 30.00 FEET TO A POINT ON THE PROPOSED CENTERLINE OF MOUNTAIN VIEW DRIVE,i SAID POINT BEING ON A NON- TANGENT CURVE, CONCAVE SOUTHERLY AND HAVING A RADIAL BEARING OF NORTH 06.63'01^ WEST AND A RADIUS OF/ $00.00 ; THENCE ALONG SAID CURVE AND SAID CENTERLINE WESTERLY THROUGH A CENTRAL ANGLE OF 10'1241•, AN ARC DISTANCE OF 150.92 FEET: THENCE CONTINUING ALONG SAID CENTERLINE SOUTH 67.06'10' WEST 665.06 FEET; THENCE LEAVING SAID CENTERLINE NORTH 22 °55'62' NEST 30.00 FEET TO A POINT ON THE PROPOSED NORTHERLY RIGHT -OF -WAY LINE OF MOUNTAIN VIEW DRIVE; THENCE NORTH 160.06 FEET: THENCE NORTH 05'50'31" WEST 609,20 FEET TO THE TRUE POINT OF BEGINNING SAID PARCEL CORY INS 10.00 ACRES. J.N. 126 -6NS 1 2 9/7/86 JSL /m2c per. 091086 • 0 I t t O oil 2 Iry mw am ail! Zo - O'Ok '0 sro IU '0 sro sro EXHIBIT H LEGAL DESCRIPTION OF TY -2 SITE 1 THAT PORTION OF SECTION 1, TOWNSHIP I SOUTH, RANGE 7 WEST, S 2 BERNARDINO MERIDIAN, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF 3 SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON RECORD OF SUR- 1 VEY RECORDED IN BOOK 32, PAGE 72, IN THE OFFICE OF THE COMITY 5 RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS[ 7 BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID CORNER E BEING AT THE INTERSECTION OF THE CENTERLINE OF SURVEY OF FOOTHIL 9 BOULEVARD AND THE CENTERLINE OF SURVEY OF HAVEN AVENUE, THENCE 10 ALONG THE SOUTHERLY LINE OF SAID SECTION 1 AND SAID CENTERLINE 11 OF FOOTHILL BOULEVARD, NORTH 09'51'05" EAST 1101.02 FEET TO THE 12 CENTERLINE INTERSECTION WITH PROPOSED ELM AVENUE; THENCE LEAVING 13 SAID CENTERLINE OF FOOTHILL BOULEVARD ALONG THE PROPOSED CENTER - 11 LINE OF ELM AVENUE NORTH 0.08'SS" WEST 991.71 FEET TO A TANGENT 15 CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF $00.00 FEET; 16 THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17 37'11'21 ". AN ARC DISTANCE OF 329.31 FEET TO THE TRUE POINT do IS BEGINNING. A RADIAL LINE TO SAID POINT BEARS NORTH 52'06.11" 19 EAST; THENCE CONTINUING NORTKWESTER!.Y ALONG SAID CURVE THPOUCII A 20 CENTRAL. ANGLE OF 32.17.20', AN ARC DISTANCE OF 201.77 FEET; THEN 21 NORTH 70.10'36" WEST 71.30 FEET TO A TANGENT CURVE, CONCAVE NORT 22 EASTERLY, HAVING A RADIUS OF 800.00 FEET: THENCE NORTHWESTERLY 23 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6.05'16" AN ARC DIS- 21 TANCE OF 85.00 FEET, TO A POINT ON SAID CURVE, A RADIAL LINE TO 25 SAID POINT BEARS SOUTH 25'51110' NEST; THENCE LEAVING SAID CEN- 26 TERLINE AND SAID CURVE NORTH 19'19121" EAST 835.00 FEET; THENCE 27 SOUTH 70'10.16' EAST 133.00 FEET; THENCE SOUTH 11.30.00' WEST 2R 395.00 FEET; THENCE SOUTH 23'15'00" WEST 500.05 FEET; THENCE 20 SOUTH 52.06111' WEST 30,00 FEET TO THE TRUE POINT OF BEGINNING. 30 SAID PARCEL CONTAINS 9.006 ACRES 31 JN: 126 -6115 1 TS 2/0/84 Rev. 091001 xrl F- -I u Zp� . >(yy� S •1 0 Y J 2 Y A N DCALE : 1'. WO' AREA . 9.00G Ac. a. oc•oi: w• ': ]q.lO' •JJ o- x•n'm• L• �1 ll' A•T'M ! I' R. fDD, OD' L•1t931• RD!'iP w /cs, ec. w&2', e MR cLRD. q W /MOT ❑ 1! c TI! W. A /Ia. N M'Ii'a!'e q,roi.x' DLMNDY LANG R 1'cOTN ILL DcVLGwRD PROPOSED ?A, GHOOL SITE S ' 3,r f r P f u 8 8 x �S1"'b ,' "w(R ) `` 90 W' rl iT C S W 0 • EXHIBIT 1 1.rs NCI DATE BV IREMARKS r.X01 e.7cM .wt Wt sRX /M� 07201 JLXIL nE-uNro • CRAWN Jule. u1 , 1 CHECKED DATE 7 0 -M SCALE I•.bo'C, JOB NO N Y01 0 0 I I i s7 DRAWN tt aTE q io' , LW OPAW1 6 MINEN Ol /Di OCf i i I I i s7 DRAWN tt aTE q io' , LW OPAW1 6 MINEN Ol /Di OCf E e •MASTER CERTIFICATION TION LETTEP Central School District 9457 Foothill Boulevard Rancho Cucamonga, CA 91730 (Date) TERRA VISTA PLANNED COMMUNITY MASTER LETTER OF CERTIFICATION FOR SCHOOL DISTRICT CAPACITY Within Central School District and Central School District attendance boundaries for the following- described project: Developer: Lewis Nines of California, Lewis Development Co., and /or western Properties Location /Description: All residential development projects to be built within that portion of the Terra Vista Planned Community lying within the presently existing boundaries of the dis- trict, more fully described as all of Section 1 of Township 1 South, Range 7 west, San Bernardino Base and Meridian, in the County oe San Bernardino, State of California. Number of Dwelling Units: Any which may be developed at the above. described location, currently estimated at, but not limited to, 4,629 single family and multifamily units plus possible additional affordable housing units developed as a result of density bonuses. Anticipated Completion Date: 1994 -2004 is Gentlemen The Central School District hereby certifies that it will provide opacity for and educational services to all students in grades K -8 Living in housing units to be constructed in the above residential development. This certification " given in recognition of the fact that the developer and district have entered into the Terra Vista School Facilities Agreement. The commitment of this letter shall expire when all residential units to be j '1 built within the described area have been constructed. This Master Letter of Certification for School District Capacity shall be assignable, wholly or partially, by the developer. The developer has agreed that, when conditions of overcrowding with respect to grades 7 -8 exist, it will pay to the District two - ninths (219) of the Impaction Fee (defined in the Terra Vista Schaal Facilities Agreement) for each residential dwelling unit to be built. Subject to satisfaction of that requirement with respect to those dwelling units and providing the City with proof of payment to District of the Impaction Fee for grades 7.8, you are hereby authorized to issue building permits at the developer's request at any time during the term of this certification. Sincerely, Frank A, Cusca, Jr, Superintendent Rev'091984 3 mr,t • 9 Gfn.m�..t �• 9 •ii -YY pje-a -07 -11714 10y vu RECORDING REOUESTtO BY AND WHEN RECORDED, RETURN TOr LEWIS HOMES OF CALIFORNIA 1156 N. Mountain Avenue Post Office BOX 670 Upland, CA 91785 -0670 hTTN: Legal Department TERRA VISTA PLANNED COMMUNITY DEVELOPMENT AGREEMENT NO. 2 This Terra Vista Planned Community Development Agreement No. 2 (the -Agreement-) Ais made the _ day of , 19 —, by and between LEWIS HOMES OF CALIFORNIA, LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, each being general partnership* (collectively referred to as 'Levis•), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (the 'City'). RECITALS A. The existing boundaries of the Central school District of San Bernardino County (the 'District ") include a Portion of the 1300 acre Terra Vista Planned Community (the "Planned Copuniny'1 located within the City. The portion of the planned community lying within the District, and which is affected by the provisions of this Agreement, is more fully described in exhibit he attached hereto (the "Pt Op*rty ") and generally Iles south of Base Line Road, Nest of the planned extension of Milliken Avenue, east of Haven Avenue And north of Foothill Boulevard. S. On the 16th day of February, 1983, the City adopted Ordinance No. 190, approving Planned Community tone 31, 4P No. 01 -01. Ordinance No. 190 provided that development within the Planned Community would thereafter be 'regulated • by the adopted Planned Community Text entitled Terra Vista and, in part, by the Rancho Cucamonga Zoning Ordinance." That text shall hereinafter be referred to as the 'Community Plan. - C. Lewis desires to sell or lease residential Dousing constructed or to be constructed on the Property. The District has informed the City that the capacity of public schools serving kindergarten through the eighth grade is presently inadequate to serve the additional pupils expected to be generated from the new homes. In order to assure adequate school capacity to serve the Property, Lewis and the District have entered into an agreement (the "School Agreement') pursuant to which Lewis will provide temporary school facilities at school site$ designated in the Community Plan, but contingent upon obtaining an agreement by the City that the City will not prohibit, regulate, or • constrain Lewis' performance of the obligations undertaken. o. The City desires that Lewis and the District implement the School Agreement in order to mitigate the conditions of school overcrowding which presently exist, and so that development of the Planned Community may proceed. The City acknowledges that such an undertaking by Lewis and the District would provide significant public benefits by alleviating the threat of further student overcrowding, and should materially assist in avoiding any need for double school Sessions, busing over extended distances, or similar undesirable mitigation measures. -1- 3V9 • P. The City desires to facilitate implementation of its General Plan and the Community Plan, and the elements of this^Agreesent are dewed to be major and important steps • in furtherance of the comprehensive objectives contained within those Plans. The planning objectives which are advanced through this^Agreament include the City's goals oft (a) ensuring that conditions of school overcrowding are • avoided during the development of the Planned Community, and (b) ensuring that development and the resulting financial benefits to the City are not delayed awaiting state funding for the construction of new schools. G. Sections 65666 - 65669.5 of the California Government Code (the • 0evelopment Agreement Authority ") authorise the City to enter into binding real property development agreements with persons having legal or equitable interests in such property. Lewis and the City art -1- S. The School Agreement will provide for certain • temporary school facilities within the Property which will be subject to review and approval by the District and various state agencies. were the District to provide such facilities without participation by Lewis, existing law would exempt the planning, design, and construction from City controls and exactions. As an inducement to Lewis to undertake the obligations of this^Agreement and the School Agreement, the City desires to assure Lewis that the use and construction of relocatable structures, the review of planning, design, and construction details, and all regulatory matters related to the temporary school facilities on the Property shall be exempt from City control. P. The City desires to facilitate implementation of its General Plan and the Community Plan, and the elements of this^Agreesent are dewed to be major and important steps • in furtherance of the comprehensive objectives contained within those Plans. The planning objectives which are advanced through this^Agreament include the City's goals oft (a) ensuring that conditions of school overcrowding are • avoided during the development of the Planned Community, and (b) ensuring that development and the resulting financial benefits to the City are not delayed awaiting state funding for the construction of new schools. G. Sections 65666 - 65669.5 of the California Government Code (the • 0evelopment Agreement Authority ") authorise the City to enter into binding real property development agreements with persons having legal or equitable interests in such property. Lewis and the City art -1- desire to enter into this Agreement pursuant to the Agreement Authority, and thereby remove all •Dewlopesnt uncertainties related to the application of City rules, regulations and policies as they relate to development of school.facilities pursuant to the School Agreement. The City and Lewis acknowledge that a development agreement is intended to define, among other things, 'the permitted uses of the property, the density or intensity of use, the maximum height and sire of proposed buildings, and provisions for reservation or dedication of land for public purposes- (Government Code Section 65865.2). Uses, densities, dedication and building constraints with respect to the school facilities are acknowledged to be exempt from City control, and with respect to the balance Of the Property are not the subject of thisygreesent and are therefore not included herein. As between themselves, Lewis and the City intend to be contractually bound by the terms and conditions of this^Agre*ment, Intend it to be Sn • compliance with all requrements of law, and mutually waive any objections which sight be raised contesting the applic- ability of the Development Agreement Authority. H. The City acknowledges that by electing to ante[ into contractual agreements such as this One, the obligations of which shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future councils to the obliga- tions thereby undertaken. This^Agreement shall limit the rotor* exercise of certain governmental and proprietary powers Or the City and is intended to bind the parties for its duration. Sy obligating the City pursuant to this jr9 • Agreement, the City Council has elected to exercise certain • governmental and proprietary powers at the time of entering into this^ Agreement, rather than deferring its actions to some undetermined future date. I. The terms and conditions of this^Agreemene have undergone extensive review by the City and its Council, and have been found to be fair, dust, and reasonable. The City has concluded that the economic interests of its citizens, and the public health, safety, and welfare will be best served by entering into this obligation. J. The City Council has found that this Agreement is consistent with the General Plan of the City and the Community Plan of the Planned Community. R. On , 1g_, the City Council of Rancho Cucamonga adopted Ordinance No. (the 'Ordinance') approving this Agreement and authorizing the undersigned Mayor and City Clerk to execute the same, and • thereby bind the City in accordance with the provisions herein. L J MATTERS OP AGREEMENT In consideration of the foregoing, the Parties agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the Effective Date of City Ordinance No. which adopts this Agreement (the 'Effective Date'), and shall terminate when all residential units to be built in the Planned Community within the boundaries of the Property have been construeted, or thirty (00) years after the Effective Date, whichever is the later. 260 -s- 2. Covenant to Perform. Lewis agrees to mitigate the conditions of school overcrowding which result from • residential development within the boundaries of the Property in the manner described in the School Agreement, as it may be amended from time to time. 1. Satisfaction of pees and Exactions. With respect to present or future conditions of overcrowdLng, or any similar school impaction problems, in grades kinder- garden through eight, the City agrees that: (a) The performance of the obligations undettaken by Lewis pursuant to this Agreement and the School Agreement shall be accepted in Ileu of fees, dedications, assessments, taxes or any other exactions [elated to school overcrowding or any other aspect of school facility operation of development [elated to or arising out of residential development within the boundaries of the property and which are levied pursuant to the School Facilities Act (Government Code Section 65970, et se9.), of • pursuant to any other provisions of state or local law o[ policy, whether in force at the Effective Date of this Agreement or adopted subsequent thereto, including without limiting the generality of the foregoing, all regulations or policies adopted by the City in the administration of Municipal Code Sections 16.26.010 at se q. and 17.06.070 at sag, (b) All teal property development projects in that portion of the Planned Community located within the boundaries of the Property ate hereby exempted from any future moratorium, limitation on development, or other restriction or constraint imposed by the City for purposes -6- sot • r 3626 Of alleviating at mitigating school overcrowding or • impaction, or Co[ any other aspect of school facility operation or development. it (c) With respect to an application for any approval end /or permit applicable to any residential development project within the boundaries of the Property, and to which Lewis of a subsequent owner of the Property Of any portion thereof (collectively an 'Applicant-) may be entitled, the City shall accept, As evidence of full compliance with this ag[eament, the School Agreesent, and all city ordinances relating to school overcrowding, operation, or facility dev*loPsent: (1) A master certification letter li issued by the District stating that Lewis has executed the School Agreement and has thereby undsrtaaen a satisfactory program to mitigate any potential school overcrowding or impaction problem caused by residential development within the boundaries of the Property; (ii) A confirming letter issued by the District within the 60 -day period preceding such application 1 stating that as of the date of issuance the provisions of the School Agreement are not in default; and (iii) In the event conditions of overcrowding In the District with respect to Grades 7 and 9 exist at the time of such application, evidence of payment Ali by the applicant of two - ninths of the Impaction Pee (defined � In the School Agreement) applicable to ouch project. I to the evert the Applicant is unable to obtain from the District the confirming letter or evidence of payment as required by the preceding sub -sect Long (ii) of (ill) of this -7- r 3626 Paragraph 1)c), the City may refuse to issue the approvals and /oc Permits requested, but in such event shall, upon • written application, conduct a public hearing to determine whether or not a material default in the provisions of the School Agreement then exists. In the event that the City detetsines there is no such material default, then notwithstanding the lack of the confirming letter or the evidence of payment hereinabove mentioned, the City shall issue the approvals and /or permits requested by the Applicant. a. State Approvals Are Pre- emptive. In recogni- tion of the fact that School facility development is a State agency responsibility, the Patties agree with resmect to facilities within the scope of the School Agreement: (a) All plans, specifications, design and /or construction documents related tonschool^development shall be rovi eved and approved where required by the Office of the State Architect, the Department of Education, or any other • applicable state level agency and all such plans, specifications, design and /or construction documents, as well as the construction of work of improvements resulting thesefrem, are and shall be exempt from any review, approval, inspection, or other processing by the City= provided, however, unless the District is the fee owner of the land at the time in question, the City shall retain design and development control for streets and roadways adjacent to such school focilitiaef and Lewis shall be responsible for installing such streets and roadways in accordance With standards and specifications established by the City. -a- 263 • r1 U J &Y -9- (b( Any City fees, regulations, or other • exactions related to planning, zoning, subdivision, construction, installation of relocatable structures, or miscellaneous City services shall be waived with respect to design and development of the school facilities; provided, however, unless the District is the fee owner of the land at the time in question, Lewis shall pay the street improvement plan check and inspection fees for the construction of street and roadway improvements adjacent to the school facilities. 5. No Covenant of Development. Lewis presently intender but does not covenant, that the Planned Community will he developed on a schedule justified by market demand. The Parties agree that the City shall not require or attempt to require Lewis to begin development, or continue development once begun, of the Property or any other portion of the Planned Community. • 6. Nelocatable Structures Approved. The School Agreement allows the construction and /or installation of wood framt or other relocatable structures at one or both school sites on the Property for use as temporary coca and classroom buildings and the City hereby acknowledges and approves such intended construction, installation and use. 7. Noticts. No notice, request, demand, or instruction t0 be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery( or delivered by mail, sent by registered or certified mail, return receipt requested, as follows, r1 U J &Y -9- If to Lewis, to: Lewis Rome of California • 1156 North Mountain Avenue P.O. Box 670 Upland, CA 91785 -0670 Attn: O*neral Counsel If to City, to: City of Rancho Cucamonga 9720 -C Bass Line Road P.O. BOX 907 Rancho Cucamonga, CA 91770 Attention: City Manager Notices so mailed Shall be demetd to have been given e0 hours after the deposit of same in any United States Post Office mailbox in the state to which the notice is addressed, or 72 hours after deposit in any such Post Office Mailbox other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. The addresses and address@**, for the purpose of this Paragraph, may be changed by giving written notice of such change in the Banner herein provided for giving notice. Unless and until such written notice of Mange is • received, the last address and addressee stated by written notice, or provided herein if no such written notice of change has been received, Shall be deemed to continue in effect for all purposes hereunder. 9. Succesw rs and Assigns. The^provisions of Chls Ag[eemnt shall apply to and bind the successors and assigns of the parties hereto. Lewis shall have the right to roll, assign, or transfer its^ obligations pursuant to this Agroement^to any^ submgwnt owner of the Property or^ portion thereof at any ties during the Late hereof subject to the prior written consent of the CLty, which consent will not be unreasonably withheldt provided, however, that the above restriction on transfer shall not apply to transfers -10- s(.r • between or among any business entities controlled, or with • more than fifty percent )SOe) capital interest owned, by any one or more Lewis business entity or any one or more of the LSwie family members. Any such sale, assignment, or transfer oftobligations wherein the transferee shall have been approved by the City pursuant to this paragraph and expressly assumes the obligations of Lewis hereunder shall relieve Lewis from thy`obllgatlons ss assumed. It is expressly agreed the City shall have no right of approval or disapproval of any sale or purchase of real property within the boundaries of the Property or any other portion of the Planned Community. n 9. Wlscellaneous Provident. 9.1 Attorneys' fees. Should any party hereto bring any action against any other party related in any way to this Development Agreement, its validity, enforceability, scope or subject utter, or to the covenants • made or releases given herein, the prevailing party or parties Shall be awarded its or their actual attorneys' fees and costs ineutred for prosteution, defenses consultation or advice in connection with such action. The attorneys' fee award shall fully reisburst the prevailing party or parties for all attorneys' fees incurred in good faith and shall not be reduced below the actual amount of fees Incurred for any reason, including but not limited to the Amount of judgment sought or recelveds or by any court schedule for attorneys' fees. 9.3 No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this^Agcewent nor shall it be considered a waiver by such party of any other covenants condition or • 344 -11- Promise hereunder. The exercise of any remedy provided by law shall not exclude other consistent remedies unless they • are expressly excluded. 9.7 Construction. This Agreement shall be construed as a whole and In accordance with its fair waning, the captions being for convenience only and not intended to fully describe or define the provisions in the Portions of this Agreement to which they pertain. 10. Limitations on Encumbrance. The parties agree that this Agreement Ashall not encumber any land to be developed as a non -ref Ldential subdivision.^ The parties agree to negotiate in good faith to modify any of the Provisions of this^Agreement based on reasonable requests by the other party, lending institutions, title companies, bond counsel or siailarly interested persons, but neither party shall be obligated to consent to such a modification. 11. Certificate of Compliance. Provided that the requirements set forth in Paragraph l(c) have been set, then • at the time any Applicant pays for building permits for any work of improvement within the boundaries of the Property, and upon written request, the city will issue, in a form suitable for recordation, a Certificate of Compliance with respect to the real property to be so improved. In addition, the City shall issue • Certificate of Compliance at the time Of recordation of this Agreement, and upon request by Lewis, applicable to each property in the planned Community for which building permits have been issued prior to such date. The Certificate of Compliance shall constitute, and shall so $tote, conclusive determination of satisfactory completion of the requirements of this Agreement with respect to the property to which it -17- .ii% • • relates. After Issuance of such Certificate of Compliance, any party than owning or thereafter purchasing, leasing, or otherwise acquiring any interests in said property shall not incur any obligation or liability under this Agreement. 12. No Agency. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency, or other business relationship between or among them. 11. Annual Review. The City shall review thief, Agreement at least once during every twelve -month (12- month) period following the Effective Date, in accordance with Government Code Section 65865.1. During each periodic review by the City, Lewis shall be required to demonstrate, and hereby agrees to furnish, such evidence of good faith compliance with the terms hereof and with the School Agreement as the City may reasonably require. If, as a result of such periodic review, the City determines, on the • basis of substantial evidence, that Lewis has not complied in good faith with the provisions hereof, the City may terminate or modify this Agreement. 11. Period to Cure Default. In the event of alleged default or broach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) day** notice, in writing, specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. During any such thirty -day (30 -day( period, the party charged may commence and thereafter diligently proceed to cure such defult and, in such event, the party charged shall no longer be considered in default. • saP -I3- L5. Recitals Incorporated. The Recitals to this Agreement are incorporated herein and by this reference made • a part. 16. Recordation. This Agreement, or a memorandum thereof, in a form acceptable to the Patti,,, shall be recorded by the city in the Official Records of the County of San Bernardino, State of California, within 10 days after the Effective Data. 17. Limitation on Applicability. except as to matters expressly provided for herein or constrained by other agreements, and notwithstanding the provision, of Government Code Section 65866, all rules and regulations and official policies governing permitted uses of land as well as deaign, improvement, and construction standards or -14- 341 • specifications applicable to the Planned Community are • subject to change by the City in the manner otherwise provided by law. IM WITNESS WHERROP, the parties hereto have executed this Agreement an of the date first above written. • • 'LEWIS' LEWIS HOMES Of CALIFORNIA, a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 WESTERN PROPERTIES, a general partnership 1156 N. Mountain Avenue P. O. Box 670 Upland, CA 91705 -0670 By, By, Authorized Agent Aut o[ ze Agent LEWIS DEVELOPMENT CO., a general partnership 1156 W. Mountain Avenue P. 0. Box 670 Upland, CA 91765 -0670 By: Authorized Agent .C.qy. CITY OP RANCHO CUCAMONGA, a municipal corporation 9320 -C Rase Line Road P. O. Boa 007 Rancho Cucamonga, CA 91730 Byf -15- .110 ATTEST: By: City Clark EXHIBIT 'A' • All of Section 1, Township 1 South, Range 7 Nest, San Bernardino Base and Meridian, In the County of San Bernardino, State of California, excepting therefraam any lands granted to the County of San Bernardino, State of California, or City of Rancho Cucamonga. • • 371 0 i 1 LJ T0: FROM: SUBJECT: r TT nI D A \TOTIn OTTO A AKnXTO A STAFF REPORT October 17, 1984 City Manager and City Council Robert A. Rizzo Assistant to City Manager ... 1977 Advisory Commission's Recommended Modification to Ordinance 87 -A The Advisory Commission at its regular meeting in September prepared a recommendation for the City Council to consider two modifications to the Ordinance which created the Commission (87, 87 -A). First, presently the terms of office are two (2) years. Thus, avery year approximately half the commission is potentially considered for appointment. The commission has suggested this be changed to staggered three (3) year terms. This would provide that one -third (1/3) of the commission would be considered for appointment each year, and would allow for greater continuity within the Commission. Moreover, the Commission is suggesting the staggered terms be implemented by utilizing a "blind draw of lots" to determine the first set of terms, (i.e., five members would draw one year terms, five - 2 year terms, and five - 3 year terms to "kick -off" the new system). Below is the current language in Ordinance 87 -A regarding terms of office and the commission proposed modified language. Current languages "Sec. 2.28.040. Membership- -Terms of Appointment. All terms shall be for two (2) years. If a vacancy shall occur, other than by expiration of term of office, it shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. Any member appointed to a four (4) year term prior to the 1983 amendment to tnls section may serve out the remainder of such four (4) year term." Proposed modified language: All terms shall be for three (3) years, which provides that one - third (1/3) of the Advisory Commission shall be considered for appointment each year. Implementation of the staggered term system shall be determined via a "blind draw of lots." $71 October 17, 1984 Modification to Ordinance 87 -A Page 2 Second, the Commission is requesting the City Council consider changing the • term of office for the chairperson. (Presently, the chairperson serves from January 1 through December 31). This Commission would suggest this be changed to September 1 thru August 31, which would allow the chairperson to serve for ten consecutive meetings. With the current situation, the chairperson serves for six meetings, then a one or two month recess, and then finishing with four meetings. This move is also anticipated to add more continuity within the Commission. Below is the current language in Ordinace 87 -B regarding the chairperson Position, and the commission proposed modifying language. Current language: "Sec. 2.28.070. Officers. A. The Advisory Commission shall selct a chairperson to preside at all meetings of the commission, The term of the chairperson shall be one (1) year, commencing on January 1 of each year. The chairperson may be removed by majority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chairperson Is removed prior to the expiration of his or her term, the Advisory Commission shall forthwith appoint a successor to serve the balance of the unexpired term." Proposed language: • A. The Advisory Commission shall select a chairperson to preside at all meetings of the commission. The term of the chairperson shall be one (1) year, commencing on September 1 of each year. The chairperson may be removed by majority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chairperson is removed prior to the expiration of his or her term, the Advisory Commission shall forthwith appoint a successor to serve the balance of the unexpired term." If you have any questions regarding this matter, feel free to contact me. Attachments: Ord. 87 A 87 -A 393 • ORDINANCE NO. 87 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CDCAMONOA, CALIFORNIA, CREATINC AN ADVISORY COMMISSION TO ACT IN AN ADVISORY CAPACITY TO THE CITY COUNCIL AND PLANNING COMMISSION. SECTION 4: The fifteen (15) members of the Advisory Commission initially appointed shell determine the length of their terms by lot. Thereafter all terms shall be for four (4) years. Three (3) members from each of the three subcommittees (Alta Loma), (Cucamonga), and (Ecivanda) shall serve a term of four (4) years and shall continue until their respective terms expire unless sooner removed as provided in this Ordinance. Two (2) members from each of the three (3) subcommittees shall serve a term of two (2) years and shall continue in office until their respective terms expire unless sooner removed as provided in this ordinance. if A vacancy shall occur, other than by expiration of the term of office, is shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. The City Council of the Citv of Rancho Cucamonga, California, does ordain as follows: SECTION L There is hereby created and established in the city an SECTION 5: Advisory Commission. Role of Advisory Commission any time by a SECTION 2: The Rancho Cucamonga Advisory Commission shall act in an advisory capacity to the City Council and Planning Commission on community Advisory Commission mey recommend to she City Council removal of any issues and perform such other advisory functions as may be delegated to the Advisory Commission from time cc time by the Planning Commission or Advisory Commission who has violated any meeting attendance City Council. Advisory Commission Membership may be established by resolution. SECTION 3: The Advisory Committee shall consist of a total of fifteen L (15) members with five (5) appointed from each of the three (3) geographic Regular Meetings areas designated by tip code in the City of Rancho Cucamonga, namely Alta Loma (91701), Cucamonga (91770), and Etivanda (91739). Members of the Advisory Commission shall be residents of Rancho Cucamonga and • shall be appointed by the City Council, The Mayor shall submit to the Council the name of any person proposed for appointment to the Advisory Commission and upon such appointment by the Council, the name of the appointee shall be recorded in the minutes of the Council meeting. Tema of Appointment SECTION 4: The fifteen (15) members of the Advisory Commission initially appointed shell determine the length of their terms by lot. Thereafter all terms shall be for four (4) years. Three (3) members from each of the three subcommittees (Alta Loma), (Cucamonga), and (Ecivanda) shall serve a term of four (4) years and shall continue until their respective terms expire unless sooner removed as provided in this Ordinance. Two (2) members from each of the three (3) subcommittees shall serve a term of two (2) years and shall continue in office until their respective terms expire unless sooner removed as provided in this ordinance. if A vacancy shall occur, other than by expiration of the term of office, is shall be filled by appointment by the Mayor with the approval of the Council for the unexpired term. Removal of Members SECTION 5: Any member of the Advisory Commission may be removed at any time by a majority voce of the City Council. In addition, the Advisory Commission mey recommend to she City Council removal of any member of the Advisory Commission who has violated any meeting attendance p01Ldes that may be established by resolution. L Regular Meetings • SECTION 6: The dares upon which and the hour and place at which any regular meeting shall be held shall be fixed by resolution or minute action of the City Council, Officers SECTION 7: Each subcosisittaa of the Advisory Cos•ission shill select a chairperson to preside at regular meetings on a monthly rotating basis. 3 ?V Minutes • SECTION 8: The Secretary of the Commission shall cause the minutes of regular, adjourned regular, and special meetings to be kept; and shall, as soon as possible after each meeting, cause a copy of the minutes co he forwarded to each member of the Commission and to the City Clerk. The Cicy Clerk or designee will serve as secretary for the Advisory Commission. SECTION 9: The Mayor shall sign this Ordinance and the Cicy Clerk shall attest to the same, and the City Clerk shall cause the same cc be published within fifteen (15) days after its passage, at least once in Ti,e Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the Cicy of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 17th day of October, 1979. AYES: Schlosser, Mikels, Palombo, Bridge, Frost NOES: None ABSENT: None Mayor ATTEST: • City Clerk •1 3%f i%(, ORDINANCE NO. 97 -A AN ORDINANCE OF TIE CITY OF RANCHO CUCAMONGA, CALIFORNIA, _ AMENDING SECTIONS 2.28.040 AND 2.28.070 OF TIE RANCHO CUCAMONGA MUNICIPAL CODE RELATIVE TO TERMS OF APPOINTMENT OF ADVISORY COMMISSION MEMBERS AND OFFICERS. The City Council of the City or Rancho Cucamonga does ordain as follows: C SECTION 1: Section 2.20.040 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: -Sec. 2.28.040. Membership - -Terms of Appointment. -All terms shall be for two (2) years. If a vacancy shall occur, other than by expiration or term or office, it shall be filled by appointment by the Mayor with the approval of the council for the unexpired term. Any member appointed to a four (4) year term prior to the 1983 amendment to this section may serve cut the remainder of such four (4) year term." SECTION 2: Section 2.28,070 of the Rancho Cucamonga Municipal Cade iS hereby amended to read as follows: "Sec. 2.28.070. Officers. 1 "A. The Advisory Commission shall select a chairperson to 1f presi "_e at all meetings of the cocaission. The term of the - chairperson shall be one (1) year, commencing on January i of each • year. The chairperson may be re.. ^.c.: =_d ty ca;ority vote of the entire Advisory Commission, taken at any regular meeting thereof. In the event a chairperson is removed prior to the expi ration of his or her term, the Advisory Co=J ssion shad .rorthwith appoint a successor to serve the balance of the unexpired term." SEC;" -ON 3: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after is passage, at leant once in The Daily Repdrt, a newspaper of general circulation ;.blisned in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 6th day of April, 1983. AYES: Dahl, Buquet, Schlosser, Frost, Mikels NOES: None ABSENT: None �. On U. Mikels, Mayor ATTEST: 'Wasserman, auren M. City Clark i%(, • CITY OF RANCHO CUCAMONGA STAFF REPORT October 17, 1984 T0: City Council and City Manager FROM: Robert A. Rizzo Assistant to City Manager SUBJECT: Matter of Expired Advisory Commission Terms During September, 1984, seven (7) Advisory Commission terms expired, and one commissioner resigned. The following commission seats are vacant: Alta Loma Cucamonga Etiwanda Sally Riehn Paul Saldana Neil Nestlotorn Pam Henry (moved to PDC) Peter Pitassi (moved to PDC) Jim Banks Livia Vallance (moved to PDC) Nacho Gracia (resigned) Each of the commissioners were notified in writing by the Mayor that their term of office was expiring, and asked if they would be interested in being considered for an additional term. Four of these commissioners ( Riehn, Saldana, Nestlotorn, and Banks) have indicated they would like to be considered for reappointment (see attached letters), while the other four have either moved to the Park Development Commission or resigned. As a matter of record the following is the attendance records (during the past two years) for the four wishing to be reappointed. Banks 91$ (19 of 21 meetings) Riehn 81% (17 of 21 meetings) Saldana 76% (16 of 21 meetings) Hestlotorn 43% ( 9 of 21 meetings) Additionally, a letter was sent to all recent (within the past two years) applicants for various city commissions and committees notifying them there were openings on the Advisory Commission. Listed below are the names of persons interested in serving on the Advisory Commission. (Attached are their applications). Continued..... 3'79 October 17, 1984 Advisory Commission Expired Terms Page 2 Alta Loma - Cucamonga Etiwanda Ulla Bauers Charles Bergson Jim Hart Grace Jones Jefferson Hill Sr. John Dunlap Ray McIlvain Jr. Bruce Ann Hahn James Campbell Philip Yenovkian James Bookhout There are seven (7) seats open for consideration by the City Council, (terms are as follows). Alta Loma Three 3 - 11/84 -11/86 Cucamonga Three 1 - 11/84 - 11/85* 2 - 11/84 -11/86 * Unexpired term of Nacho Gracia. 3,760 Etiwanda Two 2 - 11/84 -11/86 • \I E 10 October 10, 1984 City of Rancho Cucamonga Post Office Box 807 Rancho Cucamonga, California 91730 Dear Sirs: My family and I recently moved to Rancho Cucamonga. We are enthusiastic about the city and its potential; for this reason we would like to become involved where we can be of value, I have, as the attached information will show, some experience in Local Government and Planning Processes, I hope that you will consider me for any position where I might he of assistance. Sincerely, -r James Bookhout Vice President Marketing /Administration P.O. Box 630 845 North Euo%d Avenue Z Ontario, CA 91761 -- (714) 983.4600 220 .0 4 �� CITY OF RANCHO CUCAMONGA r: l 2 U'1 i 197, 7 CITIZEN'S APPLICATION TO 'SERVE ON: Advisory Commission NAME CHARMS L. BRRGSON ADDRESS 8640 Calla Quebrada. Rancho Cucamonga 91730 PI!QNS W21 1-357-7c)31 OC^_vpaTION Civil 7ngin -er H714_946 -3039 EDUCATION: (list highest year completed and all degrees) Bach -lor of Sci =nce, Civil Fngin- Bring. Univ of California, Bark -ley 197( R- sister -d Civil 7ngineer, State of California Are there any workday evenings you could not meet? If so, please list. Am available all workday evenings. . why are you interested in this position? To provide repre"ntation 9 for large number of new Rancho What do you consider to be your major qualifications? Strong background in public service, concern for quality community and business growth. REFERENCES: 1, Charles J. Buquet II 2, Dwight French 3_ John Gerardi Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council. Soq cover letter. PST OFFICE BOX 907 • RANCHO CUCAMONGA. CALIFORNIA 91730 • 014)989.1851 39/ � GiGMO,y�, - � a 197' CITY OF RANCHO CUCAMONGA RE- vy lon D. Mikels CITY DRS A NCI It .r nww.. ADMIkr Charles J. Buquel 11 Lm., C. Frost Rkhua M. Dahl Phillip D. Schlae,er SEP 2? S84 AN 718191nIIII 211124V CITIZEN'S APPLICATION TO SERVE ON Rancho Cucamonga Advisory Commission NAME Jefferson E. Hill Sr. ADDRESS 9607 Cameron Street, Rancho Cucamonga, California 91730 PHONE. (714) 989 -5333 OCCIIPATSON Supervisor- Aerospace Industry EDUCATION: (list highest year completed and all degrees) MA, Psychology, 1976 University of Northern Colorado. Greeley, Colorado BA, (Cum Laude) Psychology, 1973 Chapman College, Orange, California Are there any workday evenings you could not meet? If so, please list • Why are you interested in this position? I offer the Community of Rancho Cucamonea my experience and leadership in hopes of contributing to our city's future. My background is variedt Industrial Management/Supervision, and the Military (Viet Nam Veteran), Teaching, Counseling and Volunteer Community Service, What do you consider to be your major qualifications? My interpersonal skills, good communicator and listener. Experienced in management and planning of major projects. Able to critically evaluate different proposals and alternatives. Skilled in team building, I have served communities in numerous capacitiest PTA president, VFW Organivational task force currsntly serving as the 4uatermaster, 90 Scouts over 10 years, Little League board member, Board Member American Cancer SocJety pas = EPERENCES: I, Mr. Jean R. Barnes, 1623 East 7th Street, Ontario. Ca. 91764 (982 -3249) 2, Mr, Dustin J. Burgin, 6594 Pear Avenue, Rancho Cucamonga, Ca. 91739 (899 -1504) 3. Mr. Joe Mishica, 8405 Comet Street, Rancho Cucamonga, Ca. 91730 (981 -5226) Please attach a written statement containing any additional information you feel would be useful to the City Council. RC-(I) 9920 BASELINE ROAD. SUITE C . POST OFFICE BOX 607 • RANCHO CUCAMONGA. CALIFORNIA 91730 . 1710969.1351 1921. CITY OF RANCHO CUCAMONGA6 e ; ij v t C1W OF RANCHO CUCAN100, v; D. Mild. c •Y F•or Ir' , • r SEP 27 1984 �) �? Ch.d.. J. Hoq.et 11 Jam. C. Frost s 1977Rkhud M. Dahl Phillip D. S.hla..er AM s CITIZEN'S APPLICATION TO SERVE ON �(�ti•r #O (4e A4 Add i Sc>'✓ w':.nn /S•a d.v PHONE c^�9AS) 4( ?,2 EDUCATION: (list highest year completed and all degrees) Are there any workday evenings you could not meet? If so, please list • Why are you interested in this position -L -iu' 01 .1C. vst tee I w7 orti7r wcso vfwY (702 rw I tii i r n'r�. What do ygu consider to be your major qualifications? � "yc It• %P�1 lo A4., ,'RCTVVfl 6419 w•�utio INe AA i- �£ 'r,!•R ".?. ¢cw 14l 1tie C.�H1 u�.Y = EFERENCES: 1. 3. Please attach a written statement containing any additional information you is feel would be useful to the City Council. RC -(I) 9330 BASELINE ROAD, SUITE C • POST OFFICE BOA 007 • RANCHO CUCAMONGA, CALIFORNIA 91730 • (711) 989411111 7 CITY OF RANCHO CUCAMONGA v`O � 197; CITIZEN'S APPLICATION TO SERVE ON: ADVISORY COMMISSION NAME Jim Hart ADDRESS 7648 Henbane. Rancho Cucamonga (Etiwanda Area) 91739 PHONE (714) 989 -5960 OCCUPATION Personnel Director EDUCATION: (list highest year completed and all degrees) Master of Public Administration -- Brigham Young University (April 1976) Bachelor of Arts -- Policital Science -- Cal State Fullerton (June 1974) Are there any workday evenings you could not meet? If so, please list. T esd • Why are you interested in this position? With my extensive background in lgggl government I would be a valuable asset to the community. What do you consider to be your major qualifications? (1) A very good understanding jof local government and its role. (2) Interest in the community. (3) Willingness to serve. (4) Logical thinker and problem solver. REFERENCES: I. Charles J Buau [ II Councilmember. Rancho Cucamonga 2. Loren Wasserman, City Manager Rancho Cucamonga. 3, Robert R'z Assistant [ the City Manager. Rancho Cu monga 0 Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council, POST OFFICE BOX 807 • RANCIII ICCCA910NGA,CALIFORNIA91700 • 171{)989.1851 13#1 APPLICATION TO SERVE ON: ADVISORY COMMISSION • Additional Information Currently, I serve the City of Chino as Director of personnel and Risk Management. In this capacity I am able to interact with various seg- ments of the City population and am aware of and sensitive to their varying needs. Also, as city staff, I am able to understand the atmos- phere necessary to serve the people of the community to the fullest extent meeting their identified needs while gaining that needed balance between policy and administration of a city. I feel with my extensive public service background I could serve very effectively on the Advisory Committee. Jim Hart i!i • caclwo RANCHO CUCANJORGA CITY OF RANCHO CUCAMOR,%N DTp�," Y. 1� w.p Lm D. Mikele SEP 1'9 t w. AM ])121284$6 F z R8191p11 11 1 1116 > l'harlx J. Nuquet 11 JeDie. Kin¢ 1 1977 _ Rkhare NI. D.h1 Pamela J. B7ieht Sept. 15, 1984 CITIZM,S APPLICATION To SERVE ox Citizens' Advisory Committee NAME (Mr.) Ulla E. ':auers ADDRESS 8357 Bella Vists, Alta Loma PHONE 967 3382 OCCUPATION Retired Gocial Studies Instructor EDUCATION: (list highest year completed and all degrees) U, MA, plus 50 additional units of graduate work in economics, correspondence courses as a Naval officer, incldding. Industria: *4 We�JtAT�WwjMay evenings you could not meet? If so, please list No I h Why are you interested in this position ?TT as all of my avocational and vocational continue to make contributions to the well being of my communIty What do you consider to he your major qualifications? (1) $eaire to servo (2) I am completely independent and beholden to no special in- terest except the citizenry at large(3) I have the educational government for 25 years I have what amounts to wv years iincLuul work every every phase of my careers. REFERENCES: i. Mike Dirksen Superi ent, Chaffey Joint Union sigh District. Z, y��A nit, Manager 3. 7 n a Ta sa Cr m ,g aernardino Nunicinal Court._FOr�er_ Assemblyman and District Attorney 4. Bob Rizzo, Assistant City Man -ger Please attach a written statement containing any additional information you feel would he useful to the City Council. (RC Form E) 9820 BASELINE ROAD, SUITE C . PORT OFFICE BOX 807 a RANCHO CUCAMONGA, CALIFORNIA 91790 . (711) 989.1881 299 Addendum to Citizen's Application to Serve on Citizen't Advisory oL' mmTttee. Applicant: Ulla E. Bauers 1 -I originally opposed incorporation of Rancho Cucamonga because I could no great benefit to the area into which I had moved (Alta Loma) in 1975, in hopes that it would remain free of the political chicanery and ill advised decisions that brought about the decline of the City of Pomona in which I had lived for 13.years. However, the incoprparation is a fait : cc�comp�li. Aside from the need to maintain the low density character — Of-Alta Loma, the need to improve its park facilities and possibilk the landscaping of arterials, the character of Alta Loma is fairly well set. And while there still needs to be special representation for Alta L ma in the spirit of the original Advisory Committee a greater need is io bring the three areas of Rancho Cucamonga together. 2 -I pr ^fer to bring to the Advisory Committee rational and logical decisions. 3 -There is a erceived ( that word should be emphasized)Athat the power structbrt'of e i y consists of the deselopers, the Chamber of Commerce and the commerical interests along 19th and 16th street. As a citizen beholden to bone of those interests I should be able to speak for the general public as a whole. 4 -My capabilities may be indicated by my personal history. (a) In the military I enlisted as an apprentice seaman but on retirement from the Naval Reserve had attained the rank of full Commander. During my 3o years of active and neserve service I held four commands, the last betn3 Group Commander in charge of all Reserve activities from (roughly'Rellog Hill to Rancho Cucamonga, from th• Chino Hills to Mt. Baldy. (b) As a newspaper man I was advanced to an editorship 6 months after taking my first dob and was a managing editor (or in that general category) or executive editor from then on, working on daily paperz in California, Oregon, Washington and Los Angeles. (c) As an ed {cator I was Chairman of the District Teachers' Association, Chairman of Chaffey High Task Force on Grading and Grouping, Chairman of the Local Curriculum Steering Committee, Chairman of the District Curriculum Steering Committeb, Chairman of the District Competencies Task Force, Subcommittee Chairman of two Graduation Requirements Task Forces and a member of other committees, too numKeroua to mention, generally havinc to do with setting or advising on general educational policy. (d) I retired from teaching in 1973 aftee 25 years' service. I have taught or substituted in all schools in Chaffey District, in Middle Schools and High School in Clarement and Pomona, An a school for mentally retarded, in a continuation school and for one year on the college level through the extension division of thkniversity of Oregon. (e) I servddfor one year as executive editor for a new publishing company and for the last month as its general manager. (By that • time, unfortunately, I saw that it was not going to survive and left.) It went bankrupt leas than a year later. 5 -If selected I expect to attend all meetings regularly and in addition will be a regular attendant at the Council Meetings. ago CITY OF RANCHO CUCAMONGA • °' CITIZEN'S APPIICATiON To SERVE ON .I z �> ADVISORY COMMISSION 1977 NAME Grace M. Jones r1 LJ • ADDRESS 10544 Wilson Ave., (P.O. Box 161) Alta Loma, CA 91701 PHONE 980 -2460 OCCUPATION Business Owner EDUCATION: (list highest year completed and all degrees) 4 yrs. college, B.A. in Education Are there any workday evenings you could not meet? If so, please list. Why are you interested in this position? I want to become i v 1 ed in my community. I feel with my experience I could serve th mm 1 v well- What do you consider to be your mayor qualifications? I am intelligent, updated on most issues and I have served the community in other cities that I have lived. I am currently chairman of the finance committee at St. Peter 6 St. Paul Church_ as well as -resident of the p^ ich it T - h of the board of the Marinwood Parks 6 recreation in San Rafael, CA: also a member of the coordinating council for the Dixie c h t District in c -f t board of director for the S.F. Archiocesan Youth Organization and many many hours of volunteer work in the city of Danville. CA REFERENCES: 1. Rev. Charles O'Connor, 6084 Falling Tree Lana, A 91701 _ 2. Mrs. Grace Brazel, 9613 Arrow Highway, suite E R.C. 91730 3. Mrs. Anne Calinsky, 5468 Valinda, A.L., 91701 3b'/ CITY OF RANCHO CUCAMONGA p<c t.trpyr l- 010NIETH, TION 7�.^ CITY OF RANCHO CUCAMONMO r.r lon D. Slikels AM 16 7181911011111211121SI'11518 z — Z Charles J. Buquet II James C. Front I97' Richard M. Dahl Phillip D. Schlosser nc� J)jv, Scri�, i,lornrnl ; • < ,. �. f /r. /_ CITIZEN'S APPLICATION TO SERVE ON ' 14ir ' "'cti ''� • ^ „,n • r NAME %i. /lll /) I.7 ✓'�!a0 ADDRESS 7��5 �� 5• �� /IVC PHONE__gj; I7 / -/l7l OCCUPATION ,,;r 4�e l' /� -1'uo /'Sf /•'!rnc ;p r *:4 �i ., �(Yl� i EDUCATION: (list highest year completed and all degreeSclis) / r r/1 L) , ...rl..di. {f /�14 .r //.5 �f /v: L' /•.I wMr,n'/ Gr �c/t n'/P >_• /CC t /!111 r -rs•�a Are there any workday evenings you could not meet? If so, please list vt, Why are you interested in this position? cl'n '•' '�Er� -"y°c/ •n .7.n{ i =sfERENCgs: `7 2. ,'h, What do you consider to be your major qualifications? /9 rc /. <;, / <n./ ' .,n.t 1..; Lnr.. .../ .r ,.. Fr. fly li,, Cu.,.,,.,�:. f.e { • +.1 -r'c J / a.rc/ �r /Glnlrr- 7�e y/ . o 3. 7'eee Ti Is, fi Fh/ii u. rl Please attach a written statement containing any additional information you feel would be useful to the City Council. RC -(I) 931 ^. HAS£IdN£ ROAD, S1)ITE C • POST OFFICE BOX A07 a RANCHO CUCAMONGA. CATAI ORNIA $1700 a (714) 990.1951 3r dv,l - I,i 5chl. �'(f}G� SJING�✓lE and AvoieevvS ?4ovc�n /'r;ra etc. b4--Lr Aavt trkecl a5 a Coo rc$Kivga( i,ifern is i av�resnw� 'lCrr� l.C'w.5 q,ul as an rfiirNJr n,si.b /.'vr� 1•r/2rn r., ,T,r ahr Z�,�r'•cf Mv'n «S o%l u r., 0 E 3#3 •� h > CITY OF RANCHO . M ikCels UC Fcr n ONi:1$Ty luc �A ® o n GA TCv -w--'m SEP 27 W1p��4 :z Charles J. Bagael If Jamea C. Frost AN 'DWI 197; Richard M. Dahl Phillip D. SaM1loew4'i8191n1f�lu' i11213141g s CITIZEN'S APPLICATION TO SEINE ON :ADVISORY COMMISSION NAME James G. Campbell ADDRESS an7t r mntl;a court_ nlra rumn,�a onm PHONE 980 -1518 OCCUPATION Ruaineas rn.,..nr EDUCATION: (list highest year completed and all degrees) Macrnr'e ncgro _ Snrin_Fnn nm /ne • Please attach a written statement containing any additional Information you feel would be useful to the City Council. RC -(I) sa4 9310 BASELINE ROAD, SUITE C • PORT OFFICE BOX $07 a RANCHO CUCAMONOA. CALIFORNIA 91770 a pIQ N }11161 Are there any workday evenings you could not meet? If so, please list • Why are you community, interested and I feel in this my experience position? r have n the rapid grnw.th in rh;e in busineee ro ld ho v ry h 1pf 1 i l"icg problems. What do you management consider to be your major qualifications? 24 sucoesafln yearn of experience: active participation in Service Organization, lcu,ludiru, Little League. Soccer, and Boy Scout organizations: along with a den; participate in community development. 2EFERENCES: 1• - .John 2. Chandler - Crnan - P. 9095_r ... 0. Rnx iii. rr. Alta Loma ra ennl 19RA Alre lnm C� gl7nl _Jerry 3• Dave Roberts - 5847 Hillside Cove, Alta Loma. Ca 017nl • Please attach a written statement containing any additional Information you feel would be useful to the City Council. RC -(I) sa4 9310 BASELINE ROAD, SUITE C • PORT OFFICE BOX $07 a RANCHO CUCAMONOA. CALIFORNIA 91770 a pIQ N }11161 CITY OF RANCHO CUCAMONCi 1t r. CITIZEN'S APPLICATION TO SERVE ON: Citizens Advisory Commission Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council. iii POSTOFFICEDOX447 0 RA4DIIOCCCAMO NOA,CALIFOR \IA01770 • (711)0104001 ADDRESS 5961 Layton 1;7 0 / A /fjd ��MA PHONE 983 -4600 OCCUPATION Bank Administration ion EDUCATION: (list highest year completed and all degrees) Mt. San Antonio College 72 hours undlirgraduate University of Southern California Leadership Development program ' an Diego State College 60. h d d University of Connecticut Executive Development program Are there any workday evenings you could net meet? If so, please list. No • Why are interested in you this position? involvement in heJpJn2 to make the community a better place to live. What do you consider to be your major qualifications? Generalist with specific knowledge of government and its operation. Business background and experience. REFERENCES: 1. Supervisor Robert Townsend San Bernardino 2. Frederick Stemrich, Former Assistant Sheriff Los Angeles County 3. Berger Nielsen, Manager Montclair Chamber of Commerce. Please attach a written statement containing any additional infor- mation you feel would be useful to the City Council. iii POSTOFFICEDOX447 0 RA4DIIOCCCAMO NOA,CALIFOR \IA01770 • (711)0104001 u James D. Dookhout Vice President Mar ket i nq /Adai n1 st ration sold." Pacific Bank Jim Bookhout, resident of the Nest End for over 20 Years. Involved In different phases of Financial industry Management for It years. Formers President Montclair Chamber of Commerce President Montclair Plata Merchants Association Chairmen of the China Planning Commission Presents Board of Trustoes, Museum of History and Art, Ontario President, Paso#& Valley Norkshop President, Monte Vista County Nater District Facilities Corporation Private Industry Cauncil,San Bernardino CouotygNeeber Hooker International Association of Financial Planners Personals Married (Linda Lai 2 Children. Resident of Rancho Cucamonga Current Respdnsibilitisss seldom Pacific Banks Marketing Policy, Product Development, Training, Advertising, Dales Activity Public and Community Relations. • Branch Administration. Educations Undergraduate nark ats Mount Ban Antonio College so" Diego state College University Of southern California University of Connscticutt Generals Experience in many phases of Construction and Development. Travelled Extensively In United States and Europe • 3009, /7o/ cu`GMO,� c� ' CITY OF RANCHO CUCAMONGA �I h ry.. Jon D. Mikeln Choke J. Rogget 11 Jefffey King 1977 Rk6,d A. Dahl Pameh J. Wright CITIyAtS APPLICATIOil TO SKRtg ON CITIZENS' ADVISORY COMMITTEE PHONE oA0_3n6(1 OCCUPATION Administrative Acc•e`- TTnland F.D. EDUCATION: !list highest year completed and all degrees) Cnmeleted 17th Year of education including one work towards Master of Arts depree in o hli ea Currently have Bachelor of Arts in Political Science (3.9 CPA) Are there any workday evenings you could not meet? If so, please list No Why are you interested in this position?_? have been a resident of ganabo Gucamon ea fnr one year_ and a ra ldant. of the Want : 'a fn' ten years. T ghnse to li ve in thig ..: +y h heautiful T + + What do you consider to he your major qualifications? T have been a lonal Povernment employee for f Y Th' �1 h a y educational ha trgr d 7 f +h ' +y to carves_ hoe givon thP abilit" t d + d t the citizpnsl vi w of i8sup, h.fora thp. r• y C •- At the same time T ha-le d i t�gL,irta knni.rIpAge Of N.ygynment. REFERENCES: L Coy D e fh' f of P 7i,.- VnIand Pnligp ➢ ps f t 2. Michael. Matlock, Asst. City Men and resident of this city 3• Dick Noville Crime Prevention /^ mm Relgtigng Offingr Upland • Please attach a written statement containing any additional information you feel would be useful to the City Council. (RC Form E) 3817 "20 BASELINE ROAD, SUITE C •PORT OFFICE BOX 107 • RANCHO CUCAMONOA, CALIFORNIA 91730 . (714) "11.1861 c� Oki, CITY OF RANCHO CUCAMONGA Xq Ja U. Mikel. CIT. 6, r,. .: 1. 1. INONGA i� .�.. SEP 17W4 Chwin J. Buquet 11 I9l] Riehrrd M. Dehi Phillip D. Srhloeur AS'Q'�p,,�Rk�J1yy�� TI_Blolu•r"rN1"M'a1u1� i CITIZEN'S APPLICATION TO SERVE ON Citizen's Advisory Com:ission NAME Rruce Ann Hahn ADDRESS 9910 La Vine St., Alta Loma. CA 91701 PHONE 980 -5155 OCCUPATION Housevvife EDUCATION: (list highest year completed and all degrees) University of Oregon - 2 years Are there any workday evenings you could not meet? If so, please list • dednesday Why are you interested in this position? I feel that for a city to prosper and maintain it's high quality lifestyle: the citizens need to be an active part of that process. I feel the CAC What do you consider to be your major qualifications? See Attached = EFERENCES: i. _Richard Dahl 2. Jeff King 3. David Harker • Please attach a written statement containing any additional information you feel would he useful to the City Council. RC -(I) sty 91211 BASELINE ROAD. SMITE C e POST OFFICE BOX 107 ' RANCHO CUCAMONGA, CALIFORNIA 91730 a 1710 "§,1161 Citizen's Application to Serve on Citizen's Advisory Commission Bruce Ann Hahn . I was actively involved in the 19th Street Corridor Study and as a result of my imput, 81X4' signs are required to inform residents of planned developements. I have also worked on several successful political campaigns and am currently chairperson of PLAY, which is an organization of private citizens whose purpose is the developement of our existing parks. I have held coffees in my home with the residents and council members to gather imput on various issues. I am currently a member of the site council and PTA board at Deer Canyon School; working with the school district, city and fire board, negotiating improvements for an emergency access. I have spoken before the city council, planning !ommission and Foothill Fire District Board meetings on various issues which affect our city. I have been active in the city and know I can better serve the citizens by being on the commission. • • su • mmv nn. n a unvn nrrn 1 wrnxrn ♦ i fill. VS RN \V 1aV VVVN.aVI \VLl C STAFF REPORTS FDJLTE: 7Ot.b.r17 T � 7 J 1977 TO: Members of the City Council FROM: Richard M. Dahl, Mayor Pro Tem SU8]ECT: Council Business /Design Review Subcommittee Approximately two years ago, I requested a Council Subcommittee to study the design review process and recommend possible improvements to the Council. The Council appointed dim Frost and I to this subcommittee. During the period following, I was unable to gain cooperation from Mr. Frost, therefore the subcommittee never acted. Presently, Design Review and the Planning Commission is being deluged with projects that require varying degrees of expediency and the City Council is reviewing more appeals than ever before. The subcommittee has never been dissolved and, in my opinion, it is time for the subcommittee to complete the job it was originally intended to do. 1 am, therefore, requesting that the Council appoint another member to the subcommittee who will work with me to bring to the Council an objective recommendation to improve the process. Respectfully submitted, Richard M. Dahl Mayor Pro Tem S7' L c��_h My presentation tonight will be short because of the cooperation given by Gary Mitchell of Bob Haaland 6 Associates, Bob Bagby and John Sauer of A -M and Linda Daniels and Rick Gomez of the Planning Department. I would also like to thank my neighbors for giving me their moral and financial support as I informally represented them. At a meeting yesterday, attended by John Sauer, Linda Daniels, Rick Gomez, attorney Charles Doskow and myself we all confirmed and were agreeable to the conditions of the compromise. For the benefit of my neighbors, and to assure them that a concern raised at a recent homeowners meeting has been met, I want to state the terms of the compromise and the two modifications of Planning Commission Resolution 84 -97 that I am asking the Council to make, using the authority of Section 17.02.08D of the Development Code, and to make a few comments about them. ,hI 0, Oyd 610 1. A -M will make Avalon an emergency vehicle access only. (This reverses Section 2, item 1 under Engineering Division of the Resolution.) 2. A -M will not lose a lot. (This eliminates Section 2, item 1 under Planning Division of the resolution.) CM Al -Y—) In addition, I have a letter /(in ny possession iron John Sauer, indicating that A -M will reduce by three the number of two -story homes originally planned bordering the Opal homes, and also indicating that A -M will negotiate with the affected Opal property owners to build the fence as mentioned in my letter to you. Neither of these two items require Council V action. As you know, I presented several areas of concern. The primary areas related to the high density of the tract and the potential adverse effects the addtional traffic would bring to Avalon. In fairness to the Planning Commission, a large portion of their discussion centered around what co do with Avalon and they struggled to make a decision. The first motion, which was to close off Avalon except for emergency access, died on a 2 -2 vote. Under 17.08.05OF of the Development Code, one of the land use conflict mitigation measures is chat it may be appropriate and necessary to use physical barriers to prevent undesirable attributes of one land use from affecting people and activities in the adjacent land use. Therefore this compromise complies with the Development Code. If the Council chooses to accept our compromise is is not really runninyg�.� contrary to the intent of the Planning Commission because the minutes s ik several rs4m `aasefie SdF the necessity of providing emergency access and the 2 -2 vote shove the Commission was evenly divided on that motion. In regard to the second part of the compromise, the Planning Commission, in an effort to respond in some way to the transition density problem, told A -M to remove one lot along the western boundary. This only added about 225 sq. ft. to the remaining lots and reduced the density from 7.71 to 7.489 still higher than the 7.05 of tract 12414. The Planning Commission would 9 have had to taken away five or six lots to make a significant change in the density. A -M's offer to build a new fence on our property line and regrade the property adds over 300 sq.ft. to my rental property and more to some of the other properties. To me, the offer of A -M to reduce the number of two story houses, the fence offer and the closing off of Avalon mitigates the density problem considerably more then the one lot A-M lo[s��t. Therefore I am making the unusual request that you Mg the lot 41e w A -M. Since there are no areas of disagreement between A -M, the planning Department, the Foothill Fire District, myself and, hopefully, the City Council, I see no need to pursue my case any further. I would also recommend to my neighbors that, unless they arc in disagreement, they refrain from addressing the Council. I'm sure there are other items on the agenda that will be more controversial and could use the time. Thank you for giving me the oportunity of making this appeal, which hopefully will serve as an example of how the builder, homeowners, and planning department, given the chance, can resolve conflicts. 6t VU'Ofs At this time I would like the Mayor to recognise J r, t n dNP 1psmaidenc of A -M so that he can confirm what I have said. Bill Blanchard II/7184 1 4 Revised Cat Council a f Item B ve 6, , I1M 0 B. ENVIRONMENTAL ASSESSMENT, GENERAL 1 oe presentea in s separate Starr reNUres, presented for approval of the General Plan (1) ENVIRONMENTAL ASSESSMENT AND GENERAL e fo-Ttwing items will , only one resolution is RAwAw t;uvn IhA - An amenament to tan owner a- I an LanU x rmy 11..E Red um ensity esidential (8 -14 du /ac) /General Industrial to Industrial Park for 18.8 acres of land located on the southeast side of 9th Street and Baker - APN 207 - 211 -04 through 10; 17 through 20; 35, 37, 38, 43 and 44. ENVIRONMENTAL A))t))MtMI AMU utVtLUYMtRi Ni ," nMtnum o+-v..o - amendment to the Oeve opment istrict Map from "M" - u ac /Industrial Specific Plan (General Industrial) to Industrial Specific Plan (Industrial Park) for 18.8 acres of land located on the southeast side of 9th Street and Baker - APN 207 - 211 -04 through 10; 17 through 20; 35, 37, 38, 43 and 44. (2) ENVIRONMENTAL ASSESSMENT ANO GENERAL PLAN AMENDMENT 84 -03C - VOLBEDA request to amen the enera an and Use Map rom Low Density Residential (2 -4 du /ac) to Low Medium Residential (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN 207 - 222 -08. uu/ac) to " "LM" (4 -8 du /ac) on 4.78 acres of land located on the south side of Arrow Highway between Sierra Madre and Comet Streets - APN 207- 222 -08. (3) ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMtnUMtni 04-Ua u - vu T Ur request to amen the an Lan Use ap romi'sity Residential (4 -14 du /ac) to Low - Medium Density Residential (4 -8 du /ac) on 15.8 acres of land located on the west side of Hellman Avenue, south of 7th Street - APN 209 - 161 -04, 16, 23, and 210- 341 -72. (4) FORMAL ACTIONS RECOMMENDED: RESOLUTION NO. 84 -280 (GPA 84 -03 8, C, G D) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE ADOPTED LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN. ORDINANCE NO. 241 (first reading) (DDA 84 -03 B) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT NAP FROM "M" (8 -14 DU /AC) AND INDUSTRIAL SPECIFIC PLAN (GENERAL INDUSTRIAL SUBAREA 1) TO INDUSTRIAL SPECIFIC PLAN (INDUSTRIAL PARK) FOR 18.8 ACRES OF LAND, LOCATED AT THE SOUTH SIDE OF 9TH STREET AND BAKER - APN 207 - 271 -04 THROUGH 10, 17 THROUGH 20, 35, 37, 38, 43 AND 44. ORDINANCE 242 (first reading) (DDA 84 -03 C) AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE DEVELOPMENT DISTRICT MAP FROM "L" (2 -4 OU /AC) TO "LM" (4 -8 OU /AC) FOR 4.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, BETWEEN SIERRA MADRE AND COMET STREETS - APN 207- 22 -08. Actions necessary (in that order) 1. Approve Resolution No. 84 -280 for GPA 84 -03 B, C, & D (page 251) 2. Adopt Ordinance No. 241 for ODA 84 -03 B (page 203) 3. Adopt Ordinance No. 242 for DDA 84 -03C (page 225) AvM Company, November 1, 1984 City of Rancho Cucamonga Post office Box 807 Rancho Cucamonga, CA 91730 Honorable Jon Mikels Members of the City Council Re: Appeal, Tentative Tract 12726 Dear Council Members: I am writing in regards to the appeal of our tentative tract map 12726 to allow Avalon Street to continue through the new subdivision. In our initial submission to the Planning Department and to the Planning Commission, we had planned to continue Avalon Street but to make that specific area a corner and fence off the entire tract. Our idea was to make Tract 12726 more of a Planned Unit Development which would give more of a 'community" feel to our project. The Planning Commission with the recommendation of staff, requested to continue Avalon Street through the development. We have complied with this request. We have designed a new corner treatment which would conform to the fire regulations using turf block, which would allow the access and ingress of the fire vehicles and we would also design the pedestrians access to Avalon Street if the council desired to close off Avalon Street. Since the Planning Commission previously considered the merits of extension of Avalon Street versus closing it, we do not feel that this tract would benefit by being referred to the Planning Commission again. Therefore, we respectfully request. your Council's action at your meeting of November 7th. Southera CAMOMIA OMCC: IIISmnhKnenmmBvula,W • SWnC • Br CAWMI • (714)900.1800 Ragloml 011lccs:Ammme • C.hfim1s c C.,.Inndn raneec We are enclosing exhibits showing each alternative tract design for your review and Information. I thank you for your time and will be available to answer any questions at the November 7th meeting. Very truly yours, A -M COMPANY R. r. R gby Manager Special Projects rancuc November 4, 1984 Mr. Mayor and Councilm embers City Council City of Rancho Cucamonga 9320 Baseline Road, Suite C Rancho Cucamonga, California 91730 Re: General Plan Amendment 84 -03-D Dear Mr. Mayor and Councilned]ers: We are owners of the property at the northwest corner of Sixth and Hellman, specifically, 5.47 acres of the 15.8 acres being con- sidered for rezoning from Medium Density Residential to law Medium Density. Wa wish to go on record again, as we have done many times previously, both to the Body and to the Planning Commission, as strongly ob- jecting to this type of rezoning. If the proposed zoning is incorporated into the General Plan, we do not anticipate that this land will be developed in the foreseeable future. It plainly will not be financially feasible to do so. This will result in sadly, among other things, a street that is in a de- plorable condition that is worsened with each heavy rain, and which is already a proven hazard to life and limb. Please pardon a question we have been wanting to ask for sometime: Is the City of Rancho Cucamonga, the City Council and the Planning Commission, floundering more than a little in an effort to correct a wrong it inherited by previous County planners? We have all been taught two gongs never made a right, nor will it work here. And, begging your pardon a second time, the zoning we actually and realisticly believe would serve this area best is IIULJSTRIAi, just as it was before the County entered and messed things up! Thank you for listening, and we would welcome an opportunity to meet with you and show you exactly where we're coming frap. We know the area well, having been owners of this property for almost 30 years. S�inncrely,, C Jess and Meg Gmrner 3223 Fosca Street Carlsbad, CA 92008 (619) 436 -8010 V11 a yr nA Nunu UUUA1V1V1VVA MEMORANDUMS , F,I DATE: November 7, 1984 1977 TO: Mayor and Members of the City ouncil FROM: Rick Gomez, City Planner ' BY: Linda D. Daniels, Associate lanner SUBJECT: APPEAL FILED FOR IT 12726 - A -M COMPANY I This memo is an update of a meeting on Tuesday between Mr. Blanchard, his legal counsel Mr. C. Doscow, and Mr. John Sauer of the A -M Company, and City Staff. The two parties agreed that the concerns caused by the proposed tentative tract could be resolved if the following were done: 1. That any connection to Avalon Street for primary ingress and egress purposes be eliminated. That in the street's place, an emergency vehicular easement be provided with a crash gate at Avalon Street. Furt er that the easement be for emergency vehicular . 2. That the one tot eliminated by the Planning Commission be reinstated and that more one -story units be built along the west property line. The two parties agreed that 4 one -story units could be provided if this were done. 3. That the developer make a good faith effort in contacting all the property owners abutting the west tract boundary and obtain their permission to construct a single fence on the property line. This would eliminate a double wall situation. It was acknowledged that all property owners must agree to the single wall construction. From Staff's point of view, these three actions would eliminate any further opposition from either the apellant or the developer. The first two actions, however, are not consistent with the Planning Commission's action of September 12, 1984 and would have to be adjusted by the City Council during the appeal hearing tonight if you agreed with these solutions. RG:LD:ns M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Robert E. Dougherty, City Attorney DATE: November 2, 1984 RE: Proposed Terra Vista Planned Community Development Agreement No. 2 The proposed Development Agreement has been revised, following a meeting with Lewis' representatives, and all of my technical com- ments contained in my memorandum of October 16, 1984 have been satis- factorily addressed. At this time I have no legal objection to the proposed Development Agreement, and the decision of whether to adopt the same is a policy decision for the Council to make. If the Coun- cil is disposed of entering into this Development Agreement, then it will be necessary for the Planning Commission and the City Council to conduct public hearings as required by Government Code §65867. RED:a jo Enclosure Y' pjw -a -07 -11734 10/31/84 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO; LEWIS HOMES OF CALIFORNIA 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91785 -0670 ATTN: Legal Department TERRA VISTA PLANNED COMMUNITY DEVELOPMENT AGREEMENT NO. 2 This Terra Vista Planned Community Development Agreement No. 2 (the "Agreement") is made the day —A of 19 , by and between LEWIS HOMES OF CALIFORNIA, LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, each being general partnerships (collectively referred to as "Lewis "), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City"). RECITALS °. A. The existing boundaries of the Central School District of San Bernardino County (the "District") include a portion of the 1300 arse Terra Vista Planned Community (the "Planned Community ") located within the City. The portion .. y� .. r ; of the Planned Community lying within the District, and which is affected by the provisions of this Agreement, is more fully described in Exhibit A, attached hereto (the "Property") and generally lies south of Base Line Road, west . of the planned extension of Milliken Avenue, east of Haven Avenue and north of Foothill Boulevard. B. On the 16th day of February, 1983, the City adopted Ordinance No. 190, approving Planned Community Zone h y i ' f a No. 81 -01. Ordinance No. 190 provided that development ;F within the Planned Community would thereafter be "regulated G a No. 81 -01. Ordinance No. 190 provided that development ;F within the Planned Community would thereafter be "regulated by the adopted Planned Community Text entitled Terra Vista Viand,•, iin'part,: by the Rancho Cucamonga Zoning Ordinance." That text shall hereinafter be referred to as the "Community 'Plan." C. ,,Lewis desires to sell or lease residential housing constructed or to be constructed on the Property. The District has^infocmed. the City that the capacity of public schools serving kindergarten ^through the eighth grade ire••• —� -( ais. pr.ese,ntly ipadequate to -serve the additional pupils expected to be generated from the new homes. In order to assure, adequate school .,,capacity�to the Property, Lewis .serve .and the District have. .e.Otered. into,an ,. Agreement (the 'School ...'s,.� ' 'Agreement ") pursuant to which Lewis will provide temporary school facilities at school sites designated in the Community Plan, but contingent upon obtaining an agreement by the City that the City will not prohibit, regulate, or'�� ":' • constrain Lewis' performance of the obligations undertaken. *+;',•� D. The City desires that Lewis and the District ,implement the School Agreement.In order to mitigate the•.,;; SIN �YIyI•i � f'i.r •+)A h' ' , ,conditions of school overcrowding which presently exist, and so that development of the Planned Community may proceed. The City acknowledges that such an undertaking by Lewis and 'rtt , .the District would provide significant public benefits by alleviating the threat of further student overcrowding, and should materially assist in avoiding any need for double school sessionq, busing over extended distances, or similar undesirable mitigation measures. ie ry�RV. S;i • y� ..A / i9.A.. lepuW •.A"a wM a s, E. .:The School Agreement will provide for certain temporary school facilities within the Property which will be subject to review and approval by the District and various state agencies: -Were the District to provide such facilities without participation by Lewis, existing law would exempt the planning, design, and construction from City controls and exactions.- Ad an inducement to Lewis to undertake the obligations of this ^Agreement and the School Agreement, the City desires .-to - assure Lewis that'the use and Construction of'relocatabte struCture6; -tHe review of` planning, 'des igni:'a ndrtoAdtiuet'foti"det5flsi °Atid 611=== regulatory matters related�ta the temporary school' fadiliti- 6t -on' the" Propert y= Fb811'be�tiempt:�fr6m-Cfty control. a -. _ S .. - - -• _ ...:... _.. _.. .� _,._ _. _.._ .. P. s -The City +"desires to'facilitate implementation of its General Plan and the Community Plan, and the elements of thiSAAgreement are deemed to be'major and important-steps in furtherance of the comprehensive objectives contained within those Plans. The planning objectives which are advanced through this^ Agreement include the City's goals ofr• (a) ensuring that- conditions of school overcrowding are avoided during the development of the Planned Community, and (b) ensuring that development and the resulting financial benefits to the City are not delayed awaiting state funding for the construction of new schools. G. Sections 65864- 65869.5 of the California Government Code (the "Development Agreement Authority ") authorize the City to enter into binding real property ' development agreements with persons having legal or equitable interests in such property. Lewis and the City r. desire to_entee into this'Agreement pursuant to the Development Agreement Authority, and thereby remove all uncertainties related'to the application of City rules, regulations and,:policies as they relate to development of school facilities pursuant to the School Agreement. The City and Lewis:.acknowledge that a development agreement is intended to define,,among'other things, -the permitted uses of the,property;tthe' density or. intensity of use, the maximum height And,sixe of-proposed. buildings,.and ..- provisions for'reservation or-dedication of land for public purposes' 46overnmenb Codezgection 65865.2).: ^Uses, densities, dedicationiand,:building; constraints with respect .',. torthe.iehool faciiibies:are-acknowledged-to be exempt from City control, and with respect to the balance of the Property are not the subject . of' this ^Agreement-and are therefore not included.herein. As between themselves, Lewis and, the City- intend:bo :be contractually bound by the terms and conditions of this ^Agreement, intend it to be in T. compliance with all requrements of law, and mutually waive any objections which might be raised contesting the applic- ability of the Development Agreement Authority. K,. B. The City acknowledges that by electing to enter into contractual agreements such as this one, the obligations of which shall survive beyond the term or terms'" of the present City Council members, that such action will serve to bind the City and future Councils to the obliga- tions thereby undertaken. This^Agreement shall limit the future exercise of certain governmental and proprietary powers of the City and is intended to bind the parties for its duration. By obligating the City pursuant to this y~ 43 . Agreement, the City Council has elected to exercise certain governmental and proprietary powers at the time of entering ioto, this^ Agreement ,,rather.than.deferring its actions to some undetermined future date. • - cal..,eThe terms and conditions of this^Agreement have undergone extensive review by the City and its Council, and have been -found to be fair, just, and reasonable. The City,, -• has: concluded .that•.tbe.eeonomic:.interests of its Rltigens„ endetbe.public,.heelth,_safety, and welfare will be beet.served -by enterinq.into.tbis obligation. . . percasa = °J :r -o •�4he..GityC6oenellchee Sound that this.Agreement is,consistent_vitb the;Beneral..Plan.of:the City and the Community - Plan ;of- tba_Planned;,Conmunity:- •- e � - - -R. On r•s -,c; 19� the City Council of Rancho Cucamonga adopted Ordinance No., Athe "Ordinance ") approving this Agreement and authorizing the undersigned Mayor..and.City.Clerk -to execute the same, and thereby bind the:City in accordance with the provisions herein. a MATTERS OF AGREEMENT ., In consideration of the foregoing, the Parties agree as follows. . 1. Term of Agreement. This Agreement shall be effective as of•the Effective Date of City Ordinance .... No. which adopts this Agreement (the 'Effective.._- Date"), and shall :terminate when all residential.units to be built,in the,Planned Community within the boundaries. -of the property.have been constructed,..or. thirty (3.Q) years -after the Effective Date, whichever is the later, r• c. k. ,fr i "2. 'Covenant to Perform.'''Lewis agrees to mitigate the conditions of school overcrowding which result from residential development within the boundaries of the Property "in the- manner "described in the School Agreement, as it may be amended from time to time. .. ' - '-=`J.-"Satisfaction of Pees and Exactions. With respect -tb "present or future conditions of overcrowding, or Any'-siidilar'•school impaction problems, in grades kirider- garden through eight,= the'City agrees that:- - "-' - '"(a) "The performance -of the obligations bndertakeri -by gepi9' pure utfint= 6o- thili- Agieemedt`4hnd School Agreementrshall be accepted in lieu of "fees, dedicat long ;3asses5m6ntsi "fifixes'd2,�any "other exactions related to school- -overcrowding or any bther aspect of school facility operation'or "development related to or- arising out of residential development within the boundaries of the Property ' and which -are levied pursuant to the school Pacilities Act (Government Code Section 65970, et seq.), or pursuant to any other provisions of state or local law or policy, whether in force at the Effective Date of this Agreement or adopted subsequent thereto, including without limiting the generality of the foregoing, all regulations or policies adopted by the City in the administration of Municipal Code Sections 16.24.010 et sec. and 17.04.070 et _. .(b) All real property development projects in that portion of the Planned Community located within the boundaries of the Property are hereby exempted from any - future moratorium, limitation on - development, or other -" restriction or constraint imposed by the City for purposes ='6- j r'd of alleviating or mitigating school overcrowding or impaction, or for any other aspect of school facility 9per at ion, or development.,. 4 t- 5J, 4' .._(q) With respect to an application for any approval and /or permit applicable to any residential development project within the boundaries of the Property, and to which Lewis or a subsequent owner of the Property or apy portion thereof,(collectively an •Applicant ") may be .entitled,.the City . shall accept, as evidence of full compliance with this Agreement, the School Agreement, and all City,_ordinanGes relating to, school, .overding,. _..� opt ;ation,..or facility development:.. .. :,,,i), A_master.certification letter issued by the.gist;ict stating that Lewis has executed the School Agreement and has.,thereby undertaken a satisfactory program to mitigate any.potential school overcrowding or impaction problem caused.by _residential development within the boundaries of the Property; (ii) A confirming letter issued by the District within the 60 -day period preceding such application stating that as of_the date of issuance the provisions of. the School Agreement are not in default; and (iii) In the event conditions of overcrowding in the District with respect to Grades 7 and 8 exist at the time of such application, evidence of payment by the Applicant of two- ninths of the Impaction Fee (defined in the School Agreement) applicable to such project. In the event the Applicant is unable to obtain from the District the confirming letter or,evidence of payment as required by the preceding sub - sections (11) or (iii) of this -7- a 0 Paragraph 3(c),•the City may refuse to issue the approvals and /or permits requested, but in such event shall, upon written application, conduct a public hearing to determine whether or not a material default.in the provisions of the School Agreement then exists. In the event that the City determines there is no such material default, then notwithstanding the lack of the confirming letter or the evidence -of payment hereinabove. mentioned, _the City shall issue the approvals and /or permits requested by the Applicant. _. !.�, -State Approvals- Are-Pre- emptive. _In recogni- tion of, the fact that, school facility development is a State agency responsibility, the Partles_agcee,w;th respect to facilities within the scope of the School Agreement: . - .- .:{a),r ;All-plans, specifications, design and /or construction documents related toAachool^development shall be reviewed and approved where required by the Office of the State Architect, the Department of Education, or any other applicable state level agency and all such plans, specifications, design and /or construction documents, as well as the construction of work of improvements resulting therefrom, are and shall be exempt from any review, approval, inspection, or other processing by the City; provided, however, unless the District is the fee owner of the land at the time in question, the City shall retain design and development control for streets and roadways adjacent to such school facilities^and Lewis shall be responsible for installing such streets and roadways in accordance with standards and specifications established by the City. -S- sd4u. .,wtiibk :.A�..y I (b) '" Any City fees, regulations, or other exactions related to planning, zoning, subdivision, construction, installation of relocatable structures, or miscellaneous "City services shall be waived with respect to design and development of the school facilities; provided, however,'unless "the District'is the fee owner of the land at the time in question, Lewis shall pay the street improvement plan check and inspection fees for the construction of street and ioadway improvements adjacent to the school facilities. S: N9- 6oveoah t -of- Develocinerit, ` - Lewis' presently " intends, but does'noi covenant, that the Planned Community WiI2 berdeveloped' on %a sche6ais-jisi'ified`bi :maiket ` demand.�`The parties agree that the City shall not require or attempt to require Lewis'to begin development, or continue development once begun, of the Property or any other portion of °the Planned Community. - 6. Relocatable Structures Approved. The School Agreement allows the construction and /or installation of wood frame or other relocatable structures at one or both school sites on the Property for use as temporary core and classroom buildings and the City hereby acknowledges and approves such intended construction, installation and use. 7. Notices. No notice, request, demand, or instruction to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person it the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery] or delivered by mail, sent by registered or - "' `'' certified mail, return receipt requested, as follows -9- 3 if to Lewis, to: Lewis Homes of California 1156 North Mountain Avenue 'P.O. Box'670 - Upland, CA 91785 -0670 Attn: 'General Counsel If to City, to: City-Of Rancho Cucamonga 9320 -C Base Line Road "- P.O. Box 807 - Rancho Cucamonga, CA 91730 - 'n-'Attention.- City Manager - .- a:Notices so mailed shall be deemed to have been given 48 hours after the deposit of same in any United States Post Office mailbox -in the state to which the notice is addressed,-or 72 hours after deposit in any such Post Office Mailbox-other than in the state to which the notice is'addressed, postage prepaid, addressed as set forth above. The addresses and addressees, for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address and addressee stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. S. Successors and Assigns. Thenprovisions of this Agreement shall apply to and bind the successors and assigns of the parties hereto. Lewis shall have the right to sell, assign, or transfer its^ obligations pursuant to this Agreements to any ^ subsequent owner of the Property or^ portion thereof at any time during the term hereof subject to the prior written consent of the City, which.consent will not be unreasonably withheldi'provided, however, that the (, f1 { i... i. / s'a:. I/ n,d %'r• Io7 „rr.N �,•� above restriction on transfer shall not apply -to transfers r� r between or among any business entities controlled, or with more than fifty percent (50 %) capital interest owned, by any one or more Lewis business entity or any one or more of the Lewis family,membeis, 'Any such sale, assignment, or transfer ofnobligations wherein the transferee shall have been approved by the City pursuant to this paragraph and expressly assumes the obligations of Lewis hereunder shall relieve Lewis from thenobligations so assumed. It is expressly agreed the.City_shall have no..right of approval or disapproval of any sale or,purchase of real property within the_boundarias:of , tpQ ptopelty_pR any_ptber„portiop „of,the., Planned Community.: ., 9. ,r.. Miscellaneous .,Provisions.” _ Attorneys' Pees. ;Should.any party hereto bring any.,action_against.any other party related in any way to this Development Agreement,.its validity, enforceability,.scope or,.spbject matter, or to the covenants made or releases given herein, the prevailing party or parties shall be awarded its or their actual attorneys' fees and costs incurred,for prosecution, defense, consultation or advice in connection with such action. The attorneys' fee award shall fully reimburse the prevailing party or parties for all attorneys' fees incurred in good faith and shall not be reduced below the actual amount of fees incurred for any reason, including but not limited to the amount of judgment sought or received, or by any court schedule for attorneys' fees. 9.2 No waiver. The waiver by one party of the performance of any covenant, condition or promise, shall not invalidate this Agreement nor shall it be considered a waiver Ly such party of any other covenant, condition or N promise hereunder. The exercise of any remedy provided by law shall not exclude other consistent remedies unless they are expressly excluded. 9.3 Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for convenience only and not intended to fully describe or define the provisions in the portions of this Agreement to which they pertain. 10. Limitations on Encumbrance. The parties agree that this Agreement shall not encumber any land to be developed as a non - residential subdivision.^ The parties agree to negotiate in good faith to modify any of the provisions of this AAgreement based on reasonable requests by the other party, lending institutions, title companies, bond counsel or similarly interested persons, but neither party shall be obligated to consent to such a modification. 11. Certificate of Compliance. Provided that the requirements set forth in Paragraph 3(c) have been met, then at the time any Applicant pays for building permits for any =itib. work of improvement within the boundaries of the Property, and upon written request, the City will issue, in a form suitable for recordation, a Certificate of Compliance with respect to the real property to be so improved. In addition, the City shall issue a Certificate of Compliance at the time of recordation of this Agreement, and upon request by Lewis, applicable to each property in the Planned Community for which building permits have been issued prior to such date. The Certificate of Compliance shall constitute, and shall so state, conclusive determination of satisfactory completion of the requirements of this Agreement with respect to the property to which it �x1,'• C relates. After issuance of such Certificate of Compliance, any party then owning or thereafter purchasing, leasing, or otherwise acquiring -any interests in said property shall not incur any obligation or liability under this Agreement. 12. No Agency. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency, or other business relationship between or -among them. 13. Annual Review. —The City shall review this Agreement at least once during every twelve -month (12- month) period'followin4'th6-Effective Date, in'accordance with Government Code Section 65865.1. During each periodic review by`the City, `Geufs °shah be 2egbired -tb demonstrate, and hereby agrees to furnish; such evidence of good faith compliance with the terms hereof and with the School Agreement as the City may reasonably require. If, as a o-y result of such periodic_ review; the City determines, on the \ ffV basis of substantial evidence, that Lewis has not complied l° 17 ' in good faith with the provisions hereof,, the City may terminate or modify this Agreement. 14. Period to Cure Default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice, in writing, specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. During any such thirty -day (30 -day) period, the party charged may commence and thereafter diligently proceed to cure such defult and, in such event, the party charged shall no longer be considered in default. ilk- -13- � 9Cx n 15. Recitals Incorporated. The Recitals to this Agreement are incorporated herein and by this reference made a part. 16. Recordation. This Agreement, or a memorandum thereof, in a form acceptable to the Parties, shall be recorded by the City in the Official Records of the County of San Bernardino, State of California, within 10 days after the ,Effective Date._ _: 17. Limitation on Applicability. Except as to matters .expressly, provided for herein or constrained by gther,.agreements, -and notwithstanding.the provisions of Government Code Section 65866, all rules and regulations and pfficial policies. governing permitted uses of land as well as design, improvement, and construction standards or t specifications applicable to the Planned Community are subject to change by the City in the manner otherwise provided by law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. "LEWIS" LEWIS HOMES OF CALIFORNIA, WESTERN PROPERTIES, a.general partnership a general partnership 1156 N. Mountain Avenue 1156 N. Mountain Avenue P. 0. Box 670 _ P. O. Box 670 Upland, CA 91785 -0-670 Upland, CA 91785 -0670 By: By; Authorized Agent Authorized Agent LEWIS DEVELOPMENT .CO'. .. a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 By: Authorized Agent "CITY" CITY OF RANCHO CUCAMONGA, ATTEST: a municipal corporation 9320 -C Base Line Road P. O. Box 807 Rancho Cucamonga, CA 91730 By: By: Mayor City Clerk -15- EXHIBIT "A" All of Section 1, Township 1 South, Range 7 West, San Bernardino Base and Meridian, in the County of San Bernardino, State of California, excepting therefrom any lands granted to the County of San Bernardino, State of California, or City of Rancho Cucamonga. pjw -a -07 -11731 11/06/84 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO; LEWIS HOMES OF CALIFORNIA 1156 N. Mountain Avenue Post Office Box 670 Upland, CA 91785 -0670 ATTN: Legal Department TERRA VISTA PLANNED COMMUNITY DEVELOPMENT AGREEMENT NO 2 This Terra Vista Planned Community Development Agreement No. 2 (the "Agreement ") is made the day of , 19 , by and between LEWIS HOMES OF CALIFORNIA, LEWIS DEVELOPMENT CO., and WESTERN PROPERTIES, each being general partnerships (collectively referred to as "Lewis "), and the CITY OF RANCHO CUCAMONGA, a municipal corporation (the "City"). RECITALS A. The existing boundaries of the Central School District.of San Bernardino County (the "District ") include a portion of the 1300 acre Terra Vista Planned Community (the "Planned Community ") located within the City. The portion of the Planned Community lying within the District, and which is affected by the provisions of this Agreement, is more fully described in Exhibit At attached hereto (the "Property ") and generally lies south of Base Line Road, west of the planned extension of Milliken Avenue, east of Haven Avenue and north of Foothill Boulevard. B. On the 16th day of February, 1983, the City adopted Ordinance No. 190, approving Planned Community Zone No. 81 -01. Ordinance No. 190 provided that development within the Planned Community would thereafter be "regulated by the adopted Planned Community Text entitled Terra Vista and, in part, by the Rancho Cucamonga Zoning Ordinance." That text shall hereinafter be referred to as the "Community Plan." C. Lewis desires to sell or lease residential housing constructed or to be constructed on the Property. The District has informed the City that the capacity of public schools serving kindergarten through the eighth grade ( "Grades R -80) is presently inadequate to serve the additional pupils expected to be generated from the new homes. In order to assure adequate school capacity in n Grades B -8 to serve the Property, Lewis and the District have entered into an agreement (the "School Agreement ") pursuant to which Lewis will provide temporary school facilities at school sites designated in the Community Plan, but contingent upon obtaining an agreement by the City that the City will not prohibit, regulate, or constrain Lewis' performance of the obligations undertaken. D. The City desires that Lewis and the District implement the School Agreement in order to mitigate the conditions of school overcrowding in Grades A -8 which presently exist, and so that development of the Planned Community may proceed. The City acknowledges that such an undertaking by Lewis and the District would provide significant public benefits by alleviating the threat of further student overcrowding, and should materially assist in avoiding any need for double school sessions, busing over extended distances, or similar undesirable mitigation measures. -2- E. The School Agreement will provide for certain temporary school facilities within the Property which will be subject to review and approval by the District and various state agencies. Were the District to provide such facilities without participation by Lewis, existing law would exempt the planning, design, and construction from City controls and exactions. As an inducement to Lewis to undertake the obligations of this Agreement and the School Agreement, the City desires to assure Lewis that the use and construction of relocatable structures, the review of planning, design, and construction details, and all regulatory matters related to the temporary school facilities on the Property shall be exempt from City control. F. The City desires to facilitate implementation of its General Plan and the Community Plan, and the elements of this Agreement are deemed to be major and important steps in furtherance of the comprehensive objectives contained within those Plans. The planning objectives which are advanced.through this Agreement include the City's goals of: (a) ensuring that conditions of school overcrowding are avoided during the development of the Planned Community, and (b) ensuring that development and the resulting financial benefits to the City are not delayed awaiting state funding for the construction of new schools. G. Sections 65864- 65869.5 of the California Government Code (the "Development Agreement Authority ") authorize the City to enter into binding real property development agreements with persons having legal or equitable interests in such property. Lewis and the City -3- desire to enter into this Agreement pursuant to the Development Agreement Authority, and thereby remove all uncertainties related to the application of City rules, regulations and policies as they relate to development of school facilities pursuant to the School Agreement. The City and Lewis acknowledge that a development agreement is intended to define, among other things, *the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes' (Government Code Section 65865.2). Uses, densities, dedication and building constraints with respect to the school facilities are acknowledged to be exempt from City control, and with respect to the balance of the Property are not the subject of this Agreement and are therefore not included herein. As between themselves, Lewis and the City intend to be contractually bound by the terms and conditions of this Agreement, intend it to be in compliance with all requrements of law, and mutually waive any objections which might be raised contesting the applic- ability of the Development Agreement Authority. B. The City acknowledges that by electing to enter into contractual agreements such as this one, the obligations of which shall survive beyond the term or terms of the present City Council members, that such action will serve to bind the City and future Councils to the obliga- tions thereby undertaken. This Agreement shall limit the future exercise of certain governmental and proprietary powers of the City and is intended to bind the parties for its duration. By obligating the City pursuant to this Agreement, the City Council has elected to exercise certain governmental and proprietary powers at the time of entering into this Agreement, rather than deferring its actions to some undetermined future date. I. The terms and conditions of this Agreement have undergone extensive review by the City and its Council, and have been found to be fair, just, and reasonable. The City has concluded that the economic interests of its citizens, and the public health, safety, and welfare will be best served by entering into this obligation. J. The City Council has found that this Agreement is consistent with the General Plan of the City and the Community Plan of the Planned Community. R. On , 19 , the City Council of Rancho Cucamonga adopted Ordinance No. (the "ordinance ") approving this Agreement and authorizing the undersigned Mayor and City Clerk to execute the same, and thereby bind the City in accordance with the provisions herein. MATTERS OF AGREEMENT In consideration of the foregoing, the Parties agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the Effective Date of City Ordinance No. which adopts this Agreement (the "Effective Date "), and shall terminate when all residential units to be built in the Planned Community within the boundaries of the Property have been constructed, or thirty (30) years after the Effective Date, whichever is the later. -5- 2. Covenant to Perform. Lewis agrees to mitigate the conditions of school overcrowding which result from residential development within the boundaries of the Property in the manner described in the School Agreement, as it may be amended from time to time. 3. Satisfaction of Fees and Exactions. With respect to present or future conditions of overcrowding, or any similar school impaction problems, in Grades K -S, the City agrees that: (a) The performance of the obligations undertaken by Lewis pursuant to this Agreement and the School Agreement shall be accepted in lieu of fees, dedications, assessments, taxes or any other exactions related to school overcrowding or any other aspect of school facility operation or development related to or arising out of residential development within the boundaries of the Property and which are levied pursuant to the School Facilities Act (Government Code Section 65970, at seg.), or pursuant to any other provisions of state or local law or policy, whether in force at the Effective Date of this Agreement or adopted subsequent thereto, including without limiting the generality of the foregoing, all regulations or policies adopted by the City in the administration of Municipal Code Sections 16.24.010 et sea. and 17.04.070 et se g. (b) All real property development projects in that portion of the Planned Community located within the boundaries of the Property are hereby exempted from any future moratorium, limitation on development, or other restriction or constraint imposed by the City for purposes -6- of alleviating or mitigating school overcrowding or impaction, or for any other aspect of school facility operation or development with respect to Grades R -9. (c) With respect to an application for any approval and /or permit applicable to any residential development project within the boundaries of the Property, and to which Lewis or a subsequent owner of the Property or any portion thereof (collectively an "Applicant ") may be entitled, the City shall accept, as evidence of full compliance with this Agreement, the School Agreement, and all City ordinances relating to school overcrowding, operation, or facility development: (i) A master certification letter issued by the District stating that Lewis has executed the School Agreement and has thereby undertaken a satisfactory program to mitigate any potential school overcrowding or impaction problem caused by residential development within the boundaries of the Property; (ii) A confirming letter issued by the District within the 60 -day period preceding such application stating that as of the date of issuance the provisions of the School Agreement are not in default; and (iii) In the event conditions of overcrowding in the District with respect to Grades 7 and 8 exist at the time of such application, evidence of payment by the Applicant of two- ninths of the Impaction Pee (defined in the School Agreement) applicable to such project. In the event the Applicant is unable to obtain from the District the confirming letter or evidence of payment as required by the preceding sub - sections (ii) or (iii) of this -7- Paragraph 3(c), the City may refuse to issue the approvals and /or permits requested, but in such event shall, upon written application, conduct a public hearing to determine whether or not a material default in the provisions of the School Agreement then exists. In the event that the City determines there is no such material default, then notwithstanding the lack of the confirming letter or the evidence of payment hereinabove mentioned, the City shall issue the approvals and /or permits requested by the Applicant. 4. State Approvals Are Pre- emptive. In recogni- tion of the fact that school facility development is a State agency responsibility, the Parties agree with respect to facilities within the scope of the School Agreement: (a) All plans, specifications, design and /or construction documents related to school development shall be reviewed and approved where required by the Office of the State Architect, the Department of Education, or any other applicable state level agency and all such plans, specifications, design and /or construction documents, as well as the construction of work of improvements resulting therefrom, are and shall be exempt from any review, approval, inspection, or other processing by the City; provided, however, unless the District is the fee owner of the land at the time in question, the City shall retain design and development control for streets and roadways adjacent to such school facilities and Lewis shall be responsible for installing such streets and roadways in accordance with standards and specifications established by the City. -8- (b) Any City fees, regulations, or other exactions related to planning, zoning, subdivision, construction, installation of relocatable structures, or miscellaneous City services shall be waived with respect to design and development of the school facilities; provided, however, unless the District is the fee owner of the land at the time in question, Lewis shall pay the street improvement plan check and inspection fees for the construction of street and roadway improvements adjacent to the school facilities. 5. No Covenant of Development. Lewis presently intends, but does not covenant, that the Planned Community will be developed on a schedule justified by market demand. The Parties agree that the City shall not require or attempt to require Lewis to begin development, or continue development once begun, of the Property or any other portion of the Planned Community. 6. Relocatable Structures Approved. The School Agreement allows the construction and /or installation of wood frame or other relocatable structures at one or both school sites on the Property for use as temporary core and classroom buildings and the City hereby acknowledges and approves such intended construction, installation and use. 7. Notices. No notice, request, demand, or instruction to be given hereunder to any Party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event such notice shall be deemed effective only upon such delivery) or delivered by mail, sent by registered or certified mail, return receipt requested, as follows: -9- If to Lewis, to: Lewis Homes of California 1156 North Mountain Avenue P.O. Box 670 Upland, CA 91785 -0670 Attn: General Counsel If to City, to: City of Rancho Cucamonga 9320 -C Base Line Road P.O. Box 807 Rancho Cucamonga, CA 91730 Attention: City Manager Notices so mailed shall be deemed to have been given 48 hours after the deposit of same in any United States Post Office mailbox in the state to which the notice is addressed, or 72 hours after deposit in any such Post Office Mailbox other than in the state to which the notice is addressed, postage prepaid, addressed as set forth above. The addresses and addressees, for the purpose of this Paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address and addressee stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed to continue in effect for all purposes hereunder. 8. Successors and Assigns. The provisions of this Agreement shall apply to and bind the successors and assigns of the parties hereto. Lewis shall have the right to sell, assign, or transfer its obligations pursuant to this Agreement to any subsequent owner of the Property or portion thereof at any time during the term hereof subject to the prior written consent of the City, which consent will not be unreasonably withheld) provided, however, that the City's consent shall not be required for transfers between -10- or among any business entities controlled, or with more than fifty percent (50%) capital interest owned, by any one or more Lewis business entity or any one or more of the Lewis family members. Any such sale, assignment, or transfer of obligations wherein the transferee shall have been approved by the City pursuant to this paragraph and expressly assumes the obligations of Lewis hereunder shall relieve Lewis from the obligations so assumed. It is expressly agreed the City shall have no right of approval or disapproval of any sale or purchase of real property within the boundaries of the Property or any other portion of the Planned Community. 9. Miscellaneous Provisions. 9.1 Attorneys' Fees. Should any party hereto bring any action against any other party related in any way to this^ Agreement, its validity, enforceability, scope or subject matter, or to the covenants made or releases given herein, the prevailing party or parties shall be awarded its or their actual attorneys' fees and costs incurred for prosecution, defense, consultation or advice in connection with such action. The attorneys' fee award shall fully reimburse the prevailing party or parties for all attorneys' fees incurred in good faith and shall not be reduced below the actual amount of fees incurred for any reason, including but not limited to the amount of judgment sought or received, or by any court schedule for attorneys' fees. 9.2 No Waiver. The waiver by one party of the performance of any covenant, condition or promise shall not invalidate this Agreement nor shall it be considered a waiver by such party of any other covenant, condition or -11- promise hereunder. The exercise of any remedy provided by law shall not exclude other consistent remedies unless they are expressly excluded. 9.3 Construction. This Agreement shall be construed as a whole and in accordance with its fair meaning, the captions being for convenience only and not intended to fully describe or define the provisions in the portions of this Agreement to which they pertain. 10. Limitations on Encumbrance. The parties agree that this Agreement shall not encumber any land to be developed as a non - residential subdivision. The parties agree to negotiate in good faith to modify any of the provisions of this Agreement based on reasonable requests by the other party, lending institutions, title companies, bond counsel or similarly interested persons, but neither party shall be obligated to consent to such a modification. In the event any mortgagee or beneficiary under a trust deed (collectively "Lender ") with respect to a loan insured by the United States Department of Housing and Urban Develop- ment ( "HUD ") under the authority of Title 12 of United States Code, Section 1749(aa) et seq., obtains title to the Property or any portion thereof ( "Foreclosure Property ") pursuant to the remedies provided in such mortgage or deed of trust, or by judicial foreclosure, then effective as of the time of transfer of title to such Lender or to HUD the development of the Foreclosure Property shall not thereafter be governed by the provisions of this Agreement. 11. Certificate of Compliance. Provided that the requirements set forth in Paragraph 3(c) have been met, then at the time any Applicant pays for building permits for any work of improvement within the boundaries of the Property, -12- and upon written request, the City will issue, in a form suitable for recordation, a Certificate of Compliance with respect to the real property to be so improved. In addition, the City shall issue a Certificate of Compliance at the time of recordation of this Agreement, and upon request by Lewis, applicable to each property in the Planned Community for which building permits have been issued prior to such date. The Certificate of Compliance shall constitute, and shall so state, conclusive determination of satisfactory completion of the requirements of this Agreement with respect to the property to which it relates. After issuance of such Certificate of Compliance, any party then owning or thereafter purchasing, leasing, or otherwise acquiring any interests in said property shall not incur any obligation or liability under this Agreement. 12. No Agency. The parties hereto are acting as independent entities and this Agreement shall not constitute a partnership, agency, or other business relationship between or among them. 13. Annual Review. The City shall review this Agreement at least once during every twelve -month (12- month) period following the Effective Date, in accordance with Government Code Section 65865.1. During each periodic review by the City, Lewis shall be required to demonstrate, and hereby agrees to furnish, such evidence of good faith compliance with the terms hereof and with the School Agreement as the City may reasonably require. If, as a result of such periodic review, the City determines, on the basis of substantial evidence, that Lewis has not complied in good faith with the provisions hereof, or with the provisions of the School Agreement, the City may terminate or modify this Agreement. -13- 14. Period to Cure Default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice, in writing, specifying the nature of the alleged default and the manner in which such default may be satisfactorily cured. During any such thirty -day (30 -day) period, the party charged may commence and thereafter diligently proceed to cure such defult and, in such event, the party charged shall no longer be considered in default. 15. Recitals Incorporated. The Recitals to this Agreement are incorporated herein and by this reference made a part. 16. Recordation. This Agreement, or a memorandum thereof, in a form acceptable to the Parties, shall be recorded by the City in the Official Records of the County of San Bernardino, State of California, within 10 days after the Effective Date. 17. Limitation on Applicability. Except as to matters expressly provided for herein or constrained by other agreements, and notwithstanding the provisions of Government Code Section 65866, all rules and regulations and official policies governing permitted uses of land as well as design, improvement, and construction standards or -14- 1 specifications applicable to the Planned Community are subject to change by the City in the manner otherwise provided by law. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. " LEWIS" LEWIS HOMES OF CALIFORNIA, a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 WESTERN PROPERTIES, a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 By: By: Authorized Agent Authorized Agent LEWIS DEVELOPMENT CO., a general partnership 1156 N. Mountain Avenue P. 0. Box 670 Upland, CA 91785 -0670 By: Author ze Agent "CITY" CITY OF RANCHO CUCAMONGA, ATTEST: a municipal corporation 9320 -C Base Line Road P. O. Box 807 Rancho Cucamonga, CA 91730 By: By: Mayor City Clerk -15-