HomeMy WebLinkAbout1992/05/20 - Agenda PacketCITY COUNCIL
AGENDA
CITY OF RANCHO CUCAMONGA
REGULAR MEETINGS
1st and 3rd Wednesdays - 7:00 p.m.
May 20, 1992
Civic Center
Council Chambers
10500 Civic Center Drive
Rancho Cucamonga, California 91730
t«s
City Councilmembers
Dennis L. Stout, Mayor
William J. Alexander, Councilmember
Charles J. Buquet, Councilmember
Diane Williams, Councilmember
Pamela J. Wright, Councilmemb r
.Jack Lam, City Afanager
James L. Markman, City Attorney
Debra J. Adams, City Clerk
City Office: 989 -1851
City Council Agenda
PAGE
May 10, 1992
`--`/'v'—'
I
All items submitted for the City Council Agenda rust he in
writing. The deadline for Submitting these items is 5:00 p.m.
on the Wednesday prior to the emoting. The City Clerk's
Office receives all such items.
A CALL TO ORDRR
1. Roll Call: Suquet _, Alexander _, Stout ^,
Williams _, and Wright _
b. AMi00NC6H9FTSIpRbSRWTATIOR6
1. Presentation of Proclamation to Joe Schultz for his
service to the City of Rancho Cucamonga.
2. Presentation of Proclamation Recognizing May 17 through
May 23, 1992 as National Public Rorke Weak.
C. CON MICATIOMB FROM TR6 PUBLIC
This is the time and place for the general public to address
the City Council. State law prohibits the City Council from
addressing any issue not previously included on the Agenda.
The City Council may receive testimony and set the matter for
a subsequent meeting. Comments are to be limited to five
minutes per individual.
D. COMSSMT C +teams
The following Consent Calendar items are expected to be
routine and non - controversial. They will be acted upon by the
Council at one time without discussion. Any item may be
removed by a Councilmember or member of the audience for
discussion.
1. Approval of Warranta, Register Noe. May 6, 1992, and
j
Payroll ending April 23, 1992, for the total anount of
._47,259.51.
2. Approval to receive and file current Investment Schedule
as of April 30, 1992.
City Council Agenda
PAGE
May 20, 1992
2
+
3. Approval to authorize the advertising of the "Notice
10
Inviting Bide" for the construction of Traffic Signals
and Safety Lighting at Vineyard Avenue at Arrow Route,
to be funded from TDA Article 8 Fund, Account No. 12-
4637 -9102.
RESOLUTION NO. 92 -154
11
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING PLANS AND SPECIFICATIONS FOR THE
"CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY
LIGHTING AT VINEYARD AVENUE AT ARROW ROUTE'
IN SAID CITY AND AUTHORIZING AND DIRECTING
THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
4. Approval of a revolution an recommended by the Public
15
Safety Commission relating to emergency medical
services.
RESOLUTION NO. 92 -155
17
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
SUPPORTING LOCAL CONTROL OF EMERGENCY
MEDICAL SERVICE DELIVERY AND THE FIRE
DISTRICT'S ROLE AS THE PRIMARY PROVIDER/
FIRST RESPONDER IN DELIVERING EMERGENCY
MEDICAL CARE WITHIN THE CITY OF RANCHO
CUCAMONGA
5. Approval to naaw persona authorized to execute on behalf
18
of the City the application for obtaining federal
financial assistance under P.L. 93 -288 involving the
February, 1992 floods.
RESOLUTION No. 92 -156
19
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
NAMING PERSONS AUTHORIZED TO EXECUTE ON
BEHALF OF THE CITY THE APPLICATION FOR
OBTAINING FEDERAL FINANCIAL ASSISTANCE
UNDER P.L. 93 -288 INVOLVING THE FEBRUARY,
1992 FLOODS
City Council Agenda
PAGE
May 20, 1992
3
r
6.
Approval of the Environmental Initial Study, Parts I and
20
II, for the proposed Rancho Cucamonga High School
Mitigation Project for the Rochester Avenue Haut Side
Parkway from Victoria Park Lane to Highland Avenue and
Issuance of a Categorical Exemption therefore.
RESOLUTION NO. 92 -157
21
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING THE ENVIRONMENTAL INITIAL STUDY
AND ISSUANCE OF A CATEGORICAL EXEMPTION PON
THE PROPOSED RANCHO CUCAMONGA HIGH SCHOOL
MITIGATION PROJECT FOR THE ROCHESTER AVENUE
EAST SIDE PARKWAY
7.
Approval to authorize the Annual Levy of an Assessment
34
Management Fee for the collection of assessments within
_
the Alta Loma Channel District (84 -2), the Sixth Street
Industrial Park Refund District (82 -1R), the Rancho
Cucamonga Drainage District (86 -2) and Milliken South of
Arrow District (89 -1).
RESOLUTION NO. 92 -155
35
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AUTHORIZING THE LEVY OF AN ASSESSMENT
SURCHARGE FOR THE EXPENSES INCURRED IN THE
COLLECTION OF ASSESSMENTS IN VARIOUS
SPECIAL ASSESSMENT DISTRICTS
e.
Approval of Parcel Map 13755, located between Terra
37
Vista Parkway and Spruce Avenue, north of Church Street,
submitted by the Central School District.
RESOLUTION NO. 92 -159
38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING PARCEL MAP NO. 13755
9.
Approval to award and authorise the execution of
40
Citywide Concrete Repair Contract (00 92 -033) to Zuber
Construction in the amount of $61,000.00, to be funded
by Account Number 01- 4647 -6028 for Fiscal Year 1991/92.
0 City Council Agenda
PAGE
May 20, 1992
4
y
10.
Approval to award and authorization to execute contract
41
(CO 92 -034) for Rochester Avenue Street Improvements,
located from Victoria Park Lane to Highland Avenue, and
Traffic Signal and Safety Lighting Installation project
at the intersection of Highland and Rochester Avenues to
Summit Grading and Paving Incorporated, for the amount
of $528,103.95 ($480,094.50 plus 30% contingency) to be
funded from the following accounts: TDA Article I, 12-
4637 -9101, TDA Local Measure I, 32 -4637 -9111, Systems
35- 4637 -9108, and RDA 11 -5010.
il.
Approval to execute Program Supplement No. 018 (CO 92-
42
035) to Local Agency - State Agreement No. 08 -5420
between the City of Rancho Cucamonga and the State of
California for the construction phase including
advertisement, award and administration of the
Rehabilitation and Widening of Haven Avenue from 4th
Street to Foothill Boulevard. The supplement sets the
Federal portion of the project at $918,941.00 and the
City's portion at $119,059.00 with the provision to
increase the City's portion should the need arise.
Funding for the Supplement agreement shall be from
Transportation Development Fees.
RESOLUTION NO. 92 -160
44
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AUTHORIZING THE EXECUTION AND SIGNING OF
PROGRAM SUPPLE:IEHT NO. 018 TC LOCAL AGENCY
- STATE AGREEMENT NO. 06-5420 FOR THE
CONSTRUCTION PHASE INCLUDING ADVERTISEMENT,
AWARD AND ADMINISTRATION OF THE REHABILITA-
TION AND WIDENING OF MAVEN AVENUE FROM 4TH
STREET TO FOOTHILL BOULEVARD
12.
Approval to accept Easement Acquisition Agreement (CO
46
92 -036) between Janet G. Bauer and the City of Rancho
Cucamonga for the purchase of right -of -way for Lark
Drive in the amount of $124,200.00 and cover additional
expenses amounting to $5,486.50 to be funded from
Account Number 22- 3901 -7441.
13.
Approval to execute Improvement Agreement Extension for
80
Tract 13316, located on the northeast corner of
Archibald Avenue and Carrari Street, submitted by
Friedman Homes.
City Council Agenda
PAGE
May 20, 1992
5 y
RESOLUTION NO. 92 -161
42
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING IMPROVEMENT AGREEMENT EXTENSION
AND IMPROVEMENT SECURITY FOR TRACT 13316
14.
Approval to execute Improvement Agreement Extension for
83
Parcel Map 9350, located on the northeast corner of Eaaa
Line Road and Milliken Avenue, submitted by William Lyon
Company.
RESOLUTION NO. 92 -162
86
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING IMPROVEMENT AGREEMENT EXTENSION
AND IMPROVEMENT SECURITY FOR PARCEL MAP
9350
15.
Approval to execute Improvement Agreement Extension for
87
Parcel Map 11838, located on the northwest corner of
Base Line Road and Victoria Park Lane, submitted by the
William Lyon Company.
RESOLUTION NO. 92 -163
89
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING IMPROVEMENT AGREEMENT EXTENSION
AND IMPROVEMENT SECURITY FOR PARCEL MAP
11838
16.
Approval to release Maintenance Guarantee Bonds for
90
Tracts 13117 and 13118, located on the east side of
Haven Avenue between Lemon Avenue and Banyan Street.
Release:
Maintenance Guarantee Bond (TR 13117) $ 61,500.00
Maintenance Guarantee Bond (TR 13118) $ 80,000.00
17.
Approval to release Maintenance Guarantee Bonds for the
91
storm drain within Tract 13304, located on the northwest
corner of Mountain View Drive and Terra Vista Parkway.
Release.
Maintenance Guarantee Bond (Storm Dr) $ 61,615.00
City council Agenda
PAGE
May 20, 1992
6
18. Approval to release Maintenance Guarantee Band for Tract
92
13697, located on the southwest corner of Haven Avenue
and Carrari Street.
Release:
Maintenance Guarantee Bond (Street) 6 67,900.00
19. Approval to set a Public Hearing on June 17, 1992 to
93
hear a request to vacate the existing alley extending
from Red Hill Country Club Drive to San Bernardino Road
(located south r' and generally parallel to Foothill
Boulevard).
RESOLUTION NO. 92 -164
gc
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
DECLARING ITS INTENTION TO VACATE AN ALLEY
E %TENDING FROM RED HILL COUNTRY CLUB DRIVE
TO SAN BERNARDINO ROAD (LOCATED SOUTH OF
AND GENERALLY PARALLEL TO FOOTHILL
BOULEVARD) - APNi 207- 113 -18 THROUGH 24
E• CONSENT ORDINANCES
The following Ordinances have had public hearings at the time
of first reading. Second readings are expected to be routine
and non - controversial. They will be acted upon by the Council
at one time without discussion. The City Clerk will read the
title. Any it" can be removed for discussion.
No Items Submitted.
ADVERTISED PUBLIC REA rm
The following iteaa have been advertised and /or posted as
public hearings as required by law. The Chair will open the
meeting to receive public testimony.
1. CO. NSIDERATI0N OF ENVIRONMENTAL A85ES5MENT AND TENTATIVE
)OO
PARCEL MAP 13987 - LENIS OEVZLQRMENT COMPANY - Appeal of
Conditions of Approval requiring (1)construction of
off -Oita street improvements from the site to Church
Street, and (2) construction of a portion of the Master
Planned Storm Drain System No. 6 from the site to Day
Creek Channel to create a 1.31 acre parcel in the Terra
Vista Planned Comm unity at the southwest corner of Base
Line Road and Rochester Avenue - APN: 227- 151 -17
L
PAGE
City Council Agenda
May 20, 1992
7
RESOLUTION N0, 92 -165
112
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIPORNIA,
DENYING A REQUEST TO MODIFY TWO CONDITIONS
OF APPROVAL FOR TENTATIVE PARCEL MAP 13987
TO CREATE A 1.31 ACRE PARCEL IN THE TERRA
VISTA PLANNED OCMHUNITY, LOCATED AT THE
SOUTHWEST CORNER OF BASE LINE ROAD AND
ROCHESTER AVENUE - APN: 227- 151 -17
2. CONSIDERATION
OF ENVIRONMENTAL ASSS S ENT AND IND STRI r.
115
AREA
SPECIFIC PLAN WIXNDMZNT 9 0 JACX MASI
A. A request to modify the local circulation pattern
within Subarea 71 along Rochester Avenue between
Foothill Boulevard and the Sports Park, to
accommodate a proposed industrial development at
the aouthwe.t corner of Foothill Boulevard and
Rochester Avenue - APN: 229- 011 -30, 19, 21, 26,
27 and 28.
S.
A request to add an auto court use, consisting of
automotive service. and related activities, as a
conditionally permitted use to Subarea 7 of the
Industrial Area Specific Plan,
C.
A request to expand the list of permitted and
conditionally permitted uses in Subarea 7 of the
Industrial Area Specific Plan to include certain
retail and service- related activities.
The Planning Commission recommends issuance of a Negative
Declaration.
ORDINANCE NO. 496 (first reading)
130
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
APPROVING INDUSTRIAL AREA SPECIFIC PLAN
AMENDMENT 92 -02, PARTS A 6 S ELIMINATING
DESIGNATED ACCESS POINTS ALONG ROCHESTER
AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW
ROUTE, AND ADDING AN ^AUTOMOTIVE SERVICE
COURT" USE CONSISTING OF AUTOMOTIVE
SERVICES AND RELATED ACTIVITIES AS A
CONDITIONALLY PERMITTED USE WITHIN SUBAREA
7, RESPECTIVELY - APN: 229 - 011 -10, 19, 21,
26, 27 AND 28
PAGE
City Council Agenda
May 20, 1992
B ,e
RESOLUTION NO. 92 -166
M
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
DENYING ENVIRONMENTAL ASSESSMENT AND
INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 92-
02, PART C, TO EXPAND THE LIST OF PERMITTED
AND CONDITIONALLY PERMITTED USES IN SUBAREA
7 OF THE INDUSTRIAL AREA SPECIFIC PLAN
Q. PUBLIC HEARINGS
The following iteea have no legal publication or posting
requirements. The Chair will open the meeting to receive
public teetiaony.
1. CONSIDERATION OF PMLIMINARY FIRST READING An SETTING
lea
190
ADOPTION
ORDINANCE NO. 497 (preliminary reading(
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
AMENDING CHAPTERS 15.04, 15.08, 15.12,
15.16, 15.20, 15.28, 15.32, 15.36, 15.40,
AND 15.44 OF TITLE 15, BUILDINGS AND
CONSTRUCTION, OF THE RANCHO CUCAMONGA
MUNICIPAL CODE AND ADOPTING BY REFERENCE
THE "UNIFORM ADMINISTRATIVE CODE ", 1991
EDITION; "THE UNIFORM BUILDING CODE ", 1991
EDITION, INCLUDING ALL APPENDICES THERETO;
THE "UNIFORM BUILDING CODE STANDARDS-, 1991
EDITION; THE "UNIFORM MECHANICAL CODE ",
1991 EDITION, INCLUDING ALL APPENDICES
THERETO; THE "UNIFORM PLUMBING CODE ", 1991
EDITION, INCLUDING ALL APPENDICES; THE
"UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS ", 1991 EDITION; THE
"UNIFORM HOUSING CODE ", 1991 EDITION; THE
"UNIFORM BUILDING SECURITY CODE ", 1991
EDITION; AND THE "UNIFORM SIGN CODE ", 1991
EDITION, WITH CERTAIN AMENDMENTS,
ADDITIONS, DELETIONS AND EXCEPTIONS TO SAID
CODES, INCLUDING PENALTIES
2. CONSIDERATION 9F AN ORDINMCE ESTABLISHING PF29EDURES TO
DECLARE A DOG AS VICIOUS
242
PAGE'
City Council Agenda
May 20, 1992
9
ORDINANCE NO. 698 (first reading)
243
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
ADDING A NEW CHAPTER 6.06 TO THE RANCHO
CUCAMONGA MUNICIPAL CODE PERTAINING TO
POTENTIALLY DANGEROUS AND /OR VICIOUS DOGS
3. CONSIDERATION TO AMEED THE 2NVIRONMENTAL MANAGEMENT
251
COMMISSION ORDINANCE
ORDINANCE NO. 307 -B (first reading)
253
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF RANCHO CUCAMONGA, CALIFORNIA,
amending chapter 2.28 OF THE RANCHO
CUCAMONGA MUNICIPAL CODE PERTAINING TO THE
ENVIRONMENTAL MANAGEMENT COMMISSION TO
REFLECT THE MEMBERSHIP OF THE FIVE, TERMS
OF TWO AND FOUR YEAR APPOINTMENTS, AND THE
REMOVAL OF JOINT SUBCOMMITTEE MEETINGS WITH
THE CITY COUNCIL SUBCOMMITTEE
H CITY MANAGER'S STAFF REPORTS
The following it "s do not legally require any public
testiaony, although the Chair may open the seeting for public
input.
NO Item Submitted.
I. COUNCIL SVBINESS
The following itus have been requested by the City Council
for discussion. They are not public hearing items, although
the Chair say open the acting for public input.
No Items Submitted.
J. IDENTIFICATION O�
This is the Lip for City Council to identify the items they
wish to discuss At the next meetiug. These it"s will not be
discussed at this "sting, only identified for the next
meeting.
0 City Council Agenda
PAGE
May 20, 1992
10
N COIOR/NICATIONS PROM IBM PUaLIC
This is the time and place for the general public to address
the City Council. state law prohibits the City Council free
addressing any issue act previously included on the Agenda.
The City Council may receive testimony and set the Matter for
a subsequent meeting. Comments are to be limited to five
minutes par individual.
L. ADJOURN!®IT
MEETING TO ADJOURN TO EXECUTIVE SESSION TO DISCUSS PERSONNEL
NATTERS /LAEOR RELATIONS.
EXECUTIVE SESSION TO ADJOURN TO A JOINT MEETING NITS IEE
CUCAMONGA COUNTY WATER DISTRICT, TO BE ffi.D ON MAY 27, 1992 IN
THE RAINS CONFERENCE ROOM Of THE CIVIC CENTER, AT 7,00 P.M.
I, Debra J. Adams, City Clark of the City of Rancho Cucamonga,
hereby certify that a true, accurate copy of the foregoing
agenda was posted on May 15, 1992, seventy -two (72) hours
prior to the meeting per Government Code 56953 at 10500 Civic
Center Drive.
... I IANCHO CD IMC4GA
LIST OF WARRANTS
FCk PE9200: 95 -D6 -92 (91/92)
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3286
PRINCIPAL MUTUAL
APRIL PRIM ON19477 -1
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59.I16.68-
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6713
CURTIS SECRETARIAL SERVICE
VOID L REISSUE TO CORENA CURTIS
66118.
10.79-
«( 66119 -
66318 »>
3413
WEB CO. WE SI
SERVICE AND REPAIRS 9688
66319.
2.45U.00-
C(< 66320 -
663Z1 »>
6724
EDUCATION L INFORMATION SERVICES
REGISTRATION LOTUS 1-2 -3 M INGRAM
66328*
250.00
<K< 66329 -
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3286
PRINCIPAL MUTUAL
APRIL L MAT PREMIUM GROUP ON19477 -1
66548*
119.481.49
3447
PITTENGER. CMRIS
EMPLOYEE OF THE MONTH MEETING 9
66549.
45.00
<<< 66550 -
66551 >>>
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A L A ECUIPPEMT RENTALS CO.. INC.
GARDEN HOSE CONNECTION 9
66552
1.423.97
ID
A L R TIRE SERVICE
VEHICLE MAINTENANCE
66553
1.376.48
7
ABLETRONICS
ELECTRONIC SUPPLIES
66554
27.76
654
ACE LOCK I LET
REVS
66555
5.60
2623
ACE PRINTING CO.
110 ENVELOPES
66556
2.434.07
2667
ACUNA JR, OSCAR
A. BASKETBALL SCOREKEEPER PPE 513
66551
31.63
6711
ADVANCED FAMILY CHIROPRACTICS
OVERPAYMENT OF BUS. LTC. R230T6
66558
30.DO
6772
ALRON MILOS
OVERPAYMENT OF BUS. LTC. 020SOB
66559
61.95
17
ALTA FIRE EQUIPMENT CO.
FIRE EXTINGUISHER SVC /CHEMICALS P
66560
IT3.D6
2437
ASSOCIATED PLANTSCIPERS, INC.
INTERIOR PLANT MAINTENANCE
66561
1.454.50
393
AUSTIN-FOUSI ASSOCIATES. INC
REIM MODEL ROWS (BSI)
66562
900.00
2616
AVID PARTS CORP-MV. INC
FILTER 9
66563
IL6.09
1061
AWARDS AT CHAMPION
ADULT TENNIS TROPHIES 9
66564
11111_44
1688
BACA, CATHERINE
PLATSCMOOL INSTR"TOR MID PFE 513
66565
138.84
6762
BACKWATERS RESTAURANT
OVERPAYMENT OF BUS. LIC. 823628
66566
8.20
1419
GALL IMOUSIRIES
SAFESIEP SORBENT FOR SPILLS
66561
426.69
6773
BARMARD MOVING L STORAGE INC.
OVERPAYMENT OF BUS. LIC. 98522
66568
69.50
33
BASELINE TRUE VALUE HARDWARE
INSULATING SEALANT I
66569
219.73
<<< 66510 -
66570 »>
3127
BATLESS STATIONERS
OFFICE SUPPLIES R
66571
1.598.29
2067
BENDER I CO. [HC.. MATTHEW
CA. PUBLIC SECTOR LABOR RELATIONS
66572
84.69
2511
BERRT. WANDA
PLAYSCFOOL AID 28 MRS. PRE 5/3
66573
146.44
1339
BIG 6 AUTO PARTS
VEHICLE MAINTENANCE UNIT 0502 9
66574
79.62
3256
BISHOP, TIM
S SCOREKEEPER /FIELO PREP PPE 4129
66575
116.25
1247
BLAKE PAPER CO.. INC.
SUPPLIES FOR VOLUNTEER RECOG R
66576
536.94
6763
BLUEROSE CONCRETE CONTRACTORS INC.
OVERPAYMENT OF BUS. LIC. 811556
66577
45.16
6754
BROOKS, THCNAS
OVERPAYMENT OF BUS. LIC. 819430
66578
24.12
3193
BRUNICK. ALVAREZ I SATTERSBT
BOOKING FEES
66519
277.04
6165
BULLONS AUTOMOTIVE
OVERPAYMENT OF BUS. LIC. 111804
66580
5.54
6374
BUSINESS PUALISHERS. INC.
RENEW SUBSCRIPTION ENERG PREPARED
66581
261.04
97
C P R S
ADDITIONAL MEMBERSHIP FEEIJ SCHULTI
66582
20.00
6766
CAL PIC PAINTING AND COATINGS INC.
OVERPAYMENT OF BUS. LIC. 416553
66583
33.31
3A28
CALIFORNIA ANGELS
TICKETS ANGEL GAME FUR TEEN CAMP
66584
172.00
594
CALIFORNIA CASUALS
T- SHIRTS FOR PLAYGROUND FROG STAFF 8
66595
417.52 `
2486
CANCINO. KATHY
PLATSCNOOL INSTRUCTOR AID PPE 513
66586
400.00
3305
CARDS PACIfIL CORPORATION
VEHICLE MAINTENANCE UNIT 1642
66561
151.31
6174
CARPET ETC.
OVERPAYMENT OF BUS. LTC. .11934
66588
40.01
69
CENTRAL CITIES SIGN SERVICE
POST PULLER L POST DRIVER
66589
441.78
C.:1T Of RANCHO CUCAF iNGK
L1S1 OF WARRANTS
FGR PERIUD: 05 -06 -92 (91192)
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NARR. AMT.
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OVERLAP
6167
CHAMPION RCOFS 1NC.
OVERPAYMENT OF BUS. LTC. 01675S
66590
18.00
6716
CNELETTE CERAMIC TILE
OVERPAYMENT OF BUS. LIC. 017311
66591
61.00
73
CITRUS MOTORS ONTARIO. INC.
VEHICLE MAINTENANCE UNIT 0325
66592
76.05
74
CITY RENTALS
EQUIPMENT RENTAL F
66593
31.50
6768
COLLEGEWORKS
OVERPAYMENT OF BUS. LIC. 021022
66594
26_87
133
COMPUTER SERVILE CO
BASE LINE ROAD G MELLMAN AVE. f
66595
4.111.15
643
COMPUTERLKNL
CONFUTER SUPPLIES 1
66596
264.41
6015
CONTINENTAL CLEANERS
OVERPAYMENT OF BUS. LIC. 116823
66'-197
29.00
3026
COROURA. ALOC
A. BASKETBALL SCOREKEEPER PPE 513
66598
25.88
.175
CGREMA CURTIS
OVERPAYMENT Of BUS. LIC. 121609
66599
10.79
6710
COST, M.O.. NIC,R00
OVERPAYMENT OF BUS. LIC. 120627
66600
128.50
82
COVEY INC.. H.B.
REPAIR FUEL PUMP SPOUT
66601
124.25
((C 66602 -
66602 )>)
85
CUCAMONGA CO WATER GIST
76 CU FT 1
66603
3.403.17
284
DAISY WHEEL R166ON CO. INC
TONER CARTRIDGE
66604
642.19
3440
GAMES, WILLIAM
EGG HUNT REC. ASST. PPE 513
66605
30.25
2405
DAPPER TIRE CO., INC.
TIRES FOR UNITS
66606
589.12
3203
DARCY. PETER A.
EGG HUNT PREP 5 HOURS
66607
35.25
6777
GEL REV TERMS SMOES
QVERPAVAENI OF BUS. LIC. 0211Z1
66608
591.03
2650
DELGA00. JOSNUA
A. BASKETBALL SCOREKEEPER PPE 5/3
66609
31.63
60
DELTA DENTAL PLAN OF CALIF
MAl PREMIUM GROUP 140Be
66610
17.064.90
1162
DENSON. JAMES
M1LEA6F REIMB RESTRM LOCKUP 4/30
66611
80.08
107
GETCG
OFFICER BADGES L SIGN RE ENG
66612
38 -79
1023
OGA CONSULTANTS. INC.
OVERPAYMENT OF BUS. LIC. 012586
66613
92.00
523
EASTMAN, INC
OFFICE SUPPLIES
66614
41.48
3375
EGGE• BEN
A. SOCCER FIELD SUPERVISOR PPE 513
66615
36.00
459
EGGHEAD SGfT4iRE
L0TU5 I -Z -3 L UPGRADF/WORDPERFECT
66616
911.70
6769
EL MODENO GARDENS INC.
OVERPAIMENT OF BUS. LIC. 18439
66617
6.00
6778
ELASTER. TONY
PARTIAL REFUND CL 05113 REY 996962
66618
13.75
1258
ELLIS. JANA
REFRESHMENTS FOR C. E.A.T. CL 14
66619
25.00
2756
ESCOBEDQ• NANCY L.
PHOTO GRAPMEN EGG HUNT 0 TEEN SPORT
66620
39.25
2034
ESPOSITO, CHRISTINA
PLATSCHOOL INSTR 20 MRS. PPE 5/3
66621
220.40
2121
FARR -S - RANCHO CUCAMONGA
MAINTENANCE SUPPLIES 1
66622
43.11
123
FEDERAL EMPRESS CORP
7908782125 - 71164760
66623
15.50
2787
FIDELCOKK SERVICE CO..
10,509 CHARGE MLM 11 -2920
66624
238.8B
2454
FIELDINGS
EQUIPMENT MAINTENANCE
66625
362.23
3377
FITE. KATHERINE C.
PLAYSCHOOL RIDE /INST-PPE 5/3/92
66626
45.00
2695
FLOYD. DAMN'
TEEN SPORT CHILENGE- 4126/92 10 MRS
66627
55.00
1 &44
FONTANA MOTORCYCLES INC.
VEHICLE MAINTENANCE
66628
601.47
2840
FORD OF UPLAND, INC.
VEHICLE MAINTENANCE
66629
127.19
1444
GARCIA. AMY
SOFTBALL SCOREKEEPER -PPE 513/92
66630
60_75
1994
GILMETI VIRGINIA
INSTRUCT /4106 - PPE 5/3/92
66631
79.52
4675
GLAOSTOME PROJECT LAO.
OVERPAYMENT OF BUS. LSE. 0 14768
66632
12.44
1870
GGMEI. RICA
CASH ACVANCE -APA CONF.5/10 -13/92
66633
400.00
591
GRAVES AUTOMOTIVE SUPPLY
VEHICLE MAINTENANCE - UNIT 4 330 0
66634
69.48
1119
GREEMNGOD -S UNIFORMS
MAINTENANCE SUPPLIES
66635
308.59
137
GAE CALIFORNIA
969 -4496 1
66636
889.61
3012
HADDON, DARN
TUITION REIMBUNSEMkNT
66637
141.07 '
3021
HARRISON. MICHAEL E.
SOCCER OFFICIAL - PPE 5/3192
66638
15.00
3441
HEAVISIDE. PETE
SOCCER OFFICIAL - PPE 5/3192
66639
50.00
1633
KERCHENROECER. LISA
NEC. ASSISTANT - PPE 511192
66640
162.25
Y Of RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERIOD: 05 -06 -92 (9l /92)
... ...............................................................................................
RUN
DATE: 05/06/92 PALL: 3
VENDOR
..... e.......
NAME
v u ... u....... o...............................................
ITEM DESCRIPTION NARR NO
....................
................................
WARR. ANT.
...............................
MF CHECA7
OVERLAP
3020
HESSE, JOE
YOLLEYBALL OFFICIAL - PPE 5/3/42
66641
45.00
2069
HEYOE, OGNALC L.
C.f .0..1. INSTRUCTOR /. -28 -92 R125.HR
66642
87.50
458
HIGGINS. M.RTI
CASH ADVANCE 5 /I0-2LI92 SAN DIEGO
66643
100_00
♦098
HILL REFRIGERATION CORP.
OVERPATMENT OF BUS. CIE. 1 3095
66644
224.45
3400
HINSON. KEITH
BUILDING COVERAGE 49.75HRS R 5.50 1
66645
532.13
4361
HOLIDAI INN
M.HIGIINS /5 -17 -20 CIVIL DEFENSE SYS
66646
365.09
3378
HOLMES. JEFF
PLIYSCMOOL AIDE SUB -PPE 5/3192
66647
18.00
831
HOLMES. SHEILA
PLAYSCMOOL INSTRUCTOR -PPE 513192
66648
432.00
123.
ROSEMAN
VEHICLE MAINTENANCE - UNIT 4 643
66649
61.28
161
HOYT LUMBER CO.. S.M.
MAINTENANCE SUPPLIES 0
66650
1.516.39
4876
HUNTER LANDSCAPE INC.
OVERPAYMENT Of BUS. LIC. 0 11001
66651
19.50
495
HYDRO -SCAPE PRODUCTS, IWC
RB BONNET
66652
43.64
4519
I A P M B
91 UNIFORM PLUMBING SEMINAR J.MARRS
66653
130.00
46
INDUSTRIAL ASPHALT
HAVEN L TIM - RANCHO CUCAMONGA 1
66654
319.60
165
INGRAM PAPER
PAPER SUPPLIES
66655
47.10
1952
INLAND EMPIRE STAGES. LTD.
CRYSTAL CATHEDRAL SHOW 1
66656
587.31
122
TMLAMO MAtLil DAILY SULLE11N
LEGAL ADV. CHARGES 1
66657
3.060.25
2315
INLAND WHOLESALE NURSERY
PLANTS 1
66658
228.43
4817
IRVINE NEST HEATING L A/C INC.
OVERPAYMENT OF BUS. LIC. 1 2720
66659
100.00
4814
ISHERWOOD, LINDA
REFUND CLASS 1 6050 - RCT 4 97974
66660
30.00
612
JAESLHKE I:C., C.R.
EOUIPMPNT MAINTENANCE 4
66661
347.33
3379
JOHNSON. KELLY
FIELD SUPERVISOR - PPE 5/3/92
66662
36.00
3022
JOHNSON• YIVIAN
PC A YS CML INSTRUCT /AIDE -PPE 513192
66663
150.03
2607
JNP INFORMATION SYSTEMS
TELEPHONE SERVICE - FLAT RATE
66664
35.00
3427
KELLY SERVICES, INC.
HELEN CANZONERI -40 MRS R f7.93HR A
66665
634.40
3396
KELSEY. ROGER
SOCCER OFFICIAL - PPE 5/3/92
66666
15.00
4724
KENTUCKY FRIED CHICKEN OF SO.CA.IMC
OVERPAYMENT OF BUS. LIC. 1 15090
66667
23.00
2611
KERR7 CONSULTING GROUP
BILLING PERIOD 3/1-31292 1
66668
3.495.SZ
ROT
KING BEARING INC.
DUPLICATE LICENSE 1 20547
66669
177.09
3172
KING, ANGELA
PLAYSCNOOL INSTRUCI /AIOE-PPE 5/3/92
66670
108.00
2771
KITCHEN, JAY
SOCCER OFFICIAL - PPE 513192
66671
75.00
2399
KLUSNAN. CAROL
INSTRUCTOR /AIDE -PPE 5/3192
66672
125.52
115
KKART STORES
EGG HUNT SUPPLIES
66673
141-55
t2I1
KNOX
EPDXY POHESIVE 5 -MIN. 1
66674
68.15
1024
KOCK MATERIALS COMPANY
SS-14 EMUL
66615
152.95
2710
L.A. DODGERS
SUMMER TEEN CAMP JULY 8. 199Z
66676
195.OD
193
LAIRO CONSTRUCTION CO
PATCH PAVE DITCHES DUE TO POT HOLES
66677
768.76
2999
LASER LINE
EPS S/O REMAN CART
66678
64.46
3262
LEE. MICHAEL
SOCCER OFFICIAL - PPE 5/3/92
66679
50.00
2773
Li VESAY. CHUCK
S.6.GTM SUPERVISOR - PPE 5/3/92
66680
100.75
282
LOGUE. SALLY
INSTRUCTORRAIUE - PPE 5/3192
66681
312.00
3442
LOPEZ, BARBARA
EGG HUNT REC. ASST. - PPE 5/3192
66682
22.00
3023
LUNT. SAINT A.
B.B. OFFICIAL - PPE 5/3/92
66603
90.00
600
LYNCH, JANIE
MILEAGE REIMBURSEMENT
66684
42.20
4879
M. KLOEK ENTERPRISES
OVERPATMENT OF BUS. LIC. 11D422
66685
29.70
3169
MADOERN, DARLENE M.
PLIYSCNOOL AIDE - PPE 513192
66686
108.00
2941
MAGIC MOLNTAIN
SUMMER TEEM CAMP 6126192 SUPER SAVA
66687
216.00
2952
MAILSORT. INC.
WEEK ENDING 4127192
66688
72..6
4880
MANMERINO C SRIGUGLIO
OVERPAYMENT OF BUS. LIC. 1 12105
66689
23.01
72
MARK CHRIS. INC.
VEHICLE MAINTENANCE - UNIT 1 614 4
66690
T431
460
MARTIN C CHAPMAN CO
PACKET OF RESOLUTIONS
66691
7.33
4
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FDW PERIOD: 05 -06 -92 (91192)
......................................................................................
RUN DATE:
OSID6V92 RAGt:
V ENCOR
..............
NAME
....................................•................u•.......
...............................
ITEM DESCRIPTION WARR NO
n.... ......•............................
WARR. AMY.
A. CNECKF
OVERLAP
4801
HE ELROY, PANLlt
OVERPAYMENT OF BUS. LIC. E 15BOT
66692
11.25
1125
MC GAREC MACHINE
REPAIR LIGHT POLE
66693
92.69
258
METRO IMAGE SYSTEMS
OVERPAYMENT OF BUS. LIC. 0 14092
66694
53.60
2445
METER, CHARLIE
B.B. SCOREKEEPER - PPE 513192
66695
28.15
602
MEYER. FAT
SUPPLIES /TEEN SPORT CHALLENGE 4/26 *
66696
150.99
ZS97
MIHNESOIA WESTERN
MERLIN EXPRESS SUPPLY CASSETTE
66691
149.50
1754
MOORE. GAVE
MILEAGE REIMBURSEMENT E
66698
98_81
B42
MOUNTAIN VIEW SMALL ENS. REPAIR
EQUIPMENT MAINTENANCE A
66699
1.132.80
1918
MOVER PRODUCTS
RODEO 2.5 GAL
66700
11607.72
1385
MURPHY L ASSOCIATES. WILLIAM J.
REVIEW OF APPRAISAL FOR LARK DR.
66701
500.00
4592
NAIL TODAY
OVERPAYMENT OF BUS. LIC. 0 10962
66102
32.31
2248
MAP& AUTO PARTS
VEHICLE MAINTENANCE
66703
317.43
3437
NATIONAL UNL50RA SERVICE
MAINTENANCE *
66704
766.50
4348
NEW NEST MAINTENANCE
OVERPAYMENT OF BUS. LIC. P 14982
66705
96.43
433
NIXON -EGL1 EQUIPMEMT
SPROCKETS 0
66106
164.49
33Z3
NOYES. KEVIN
LION'S CYR REC. ASST. -PPE 5/3192
66107
IST.D0
3429
ON CALL COPPLTER SUPPLY
PRINTER RIBBONS -DPC B- SERIES (SID) B
66709
322.68
67
ON -CALL PAGING
1BO11 -3 B
667D9
820.00
1224
ORANGE COUNTY STRIPING SVC, INC.
ANNUAL CONTRACT 91-92 VARIOUS LOCAL
6671D
2.623.32
2182
OTTRAM. ERICA
TEEN SPORT CHALLNGE- 4126192 10 MRS
6671L
55.00
235
OWEN ELECTRIC
WIRE PLUGS IM MAINT RM- FOUNTAIN *
66112
11105.01
(-
1 3156
P.M. PLUS
OIL ANALYSIS, COOLANT ANALYSIS
66713
235.00
2212
PACIFIC IRRIGATION SUPPLY
SOLENOID ASSf L MISC SUPPLIES
66714
18.06
2408
PACIFIC SOC
OVERPAYMENT OF BUS LIC 011507
66715
6.00
1826
PACTEL CELLULAR
A/C •0427164 0
66716
552.83
1923
PAGENET
A/Cf14184 -C
66717
55.50
IB91
PARKMOUSE TIRE INC.
TIRES FOR *519 6PR MAN H -699 HI SPDO
66718
1.717.79
658
PAS GRAPHICS
WAX STICKS
66719
8D.93
3.D4
PELTIER. KEVIN
OFF SITE CLASSES REC 4SST
66120
159.75
2605
PENDERGRAPM, RONALD
ADULT BASKETBALL OFFICIAL
66721
45_00
757
PEP BOYS
MISC AUTO CLEANING SUPPLIES
66722
TT.3Z
6013
PETERSON. IRIAN
ADULT SOFTBALL SCDREKEEP C FLD PREP
66TZ3
60_15
2587
PETERSON. LILLY
DO -NUTS FOR BILINGUAL ADVISORY F
66724
11.14
5697
FETLOCK ASSOCIATES, INC.
OVERPAYMENT OF BUS LIC 116663
66725
7.53
2987
PHOENIX GROUP INFORMATION SYSTEMS
MARCH 1991 CITATIONS
66726
319.90
255
ROMA DISTRIBUTING CO
CHEY DELD MULTIGRADE A
66727
91181.11
2650
PORTER. DENNIS
ART IN THE PARK /PARK'S TRAINING
66TZG
115.50
2994
PRINT SOURCE, THE
BUS CARDS -K SG]ENSEN. CORM STAFF A
66129
263.99
65
PRUDENTIAL OVERALL SUPPLY
MAT 46, MOP 3038. OUST CLOTH 1830 0
66730
80.61
<<< 66131 -
66733 )))
251
R L R AUIDAO71VE
1988 FRO CRWN VIC SE09598T A
66732
3.067.09
418
R M A GROUP
IMPROV- WIERRA MADRE AVE /SOIL TESTG
66133
180.00
5698
R.T. INTERIORS
OVERPAYMENT OF BUS LIC 023613
66734
41..0
80
RAINBOW PHOTO LAB
2 OR 416. 1 E6 0
66735
57.54
2842
RANDS, NICOLE
LIONS CENTER. REC ASST
66136
85.25
3016
RANCHO CUCAMONGA RESERVE UNIT
REIMS RESV UNIT -PORAC OUES-OLTA BEN
66737
1.560.00
2832
REYES. ANNE
ADULT SOFTBALL SCOREKEEPER 0
66738
151.75
112
RITZ CAMERA CENTERS
RITZ DISCOVERY 80 OUTFIT A
66139
89.80
216
RIVERSIDE BLUEPRINT
BLACKLINE PRINTS, SETUP FOAM-CORE 4
66740
357.35
2507
ROJERTSNAW. ENYIROM. CONTROL DIY-
REPAIR TO COMPRESSOR 4.CHILLERAI
667.1
2.604.00
3392
ROOINE COMF&SIES, INC.
REFUNDABLE MONUMENTATION TAN13738
66742
3.300.00
4
CITY OF RANCHO CUCAMONGA
LIST OF WARRANTS
FOR PERI00: 05 -06 -92 (91/92)
.................
....uu......uu........•uu.......•
RAIN DATE:
05/06192 PALE: 5
VECCOR
•.........•.......
NAME
......... u• u.....•..........•..
• .... a . .............u•uuu...uuu.....uuu.uu......
ITLN DESCRIPTION
............................................•...
NIRR NO
WARR. ART.
...............................
.. CHECMF
OVERLAP
15
SAM BERN CO
5000 SANDBAGS- MP644FIN -PG 1447
66743
1.626.38
150
SAN BERN CO PUBLIC HEALTH DEPT
ANIMAL CONTROL SVCS -1/1- 3131/92
66T44
15.615.05
132
SAN DIEGO ROTARY BROOM CO. INC
3 SETS MODEL 700 GUTTER BROOMS
66145
200.42
5449
SCHOLASTIC 5009 CLUB
BOOKS FOR PLAYSCHOOL
66746
51.70
3037
SCIORTING. NICOLAS G.
ADULT SOCCER OFFICIAL
66747
50.00
535
SEMPLE. JUDY
SENIOR E% "c RC1SE INSTRUCTOR
66748
348.00
2185
NEIGH IDENTIFICATION PRODUCTS
LAMINATING TAG.SIGN.NYLON TIES
9
66749
166.22
$699
SEVEN UP BOTTLING CO.
OVERPAYMENT OF BUS LID IT21
66150
'1.01
5700
SHIELDS, ANDREA
CLASS REFUND 15442, ROT 098382
66151
78.00
5701
SIERRA CONSTRUCTION
OVERPAYMENT OF BUS LID 14452
66752
7.20
5102
SIERRA HEIGHTS
OVERPAYMENT OF BUS LIC 916573
66153
41.09
5031
SlLTRON ILLbMIMATION. INC.
OVERPAYMENT OF BUS LIC 46161
66754
22.95
1121
SAARI L FINAL
EGG HURT SUPPLIES
4
66155
364.07
5103
SNOWDEN ELECTRIC, INC.
OVERPAYMENT OF BUS LIC 48498
4
66756
119.00
3270
SO CALIF EDISON
70 30 142 0009 01 000 9
66157
245.38
«< 66758
-
66161 »>
1432
SO CALIF EDISON- -ATTN: SHEILA LUNA
70 30 138 0022 DI 000 0
A
66762
10.740.42
319
SO CALIF GAS CO.
16- 3107 -835- 2001 -3
66763
1.562.44
750
SPECIALTY TYPEWRITER SERVICE
IBM SVC 126 - 3767862 -ADMIX
66164
39.00
2780
STEPHENS. HOLSTON
ADULT BASKETBALL OFFICIAL
66165
45.00
1290
STEWART YULE OOMPANT
REFUND FOR APN 0201 - 623 -65
66766
59.99
3433
STOFA. JA•• JOSEPH
10 -PEEKS PROFESSIONAL ENGR COURSE
66767
450.00
3034
SU NOE RLANO. ICAO TNI A.
ADULT .SOCCER OFF ICfAI
66768
50.00
5705
SUPER MANAGEMENT SERVICES
OVERPAYMENT OF BUS LIC 411266
66769
6.00
5704
SIECMWAW GARDEN RESTAURANT
OVERPAYMENT OF BUS LIC 121506
66170
21.40
2730
TELECOMMLWICATIONS MORT. CORP.
CONSULTANT FEE -APRIL
661T1
250.00
3036
TRLYERSO. LUIG1
ADULT SOCCER OFFIC14L
66172
50.00
471
TRICO
LABOR-AMP ES
66773
142.15
34D9
TRIABLE. LATRI14A
BUILDING COVERAGE
1
66774
273.63
693
U.S. /WHITE VAN BATTERY CO.. INC.
6ATTERIES-2 65-TTV 4632
66775
114_58
3283
OVA, STEVE
ADULT SOCCER, FIELD SUPERVISOR
66716
36.00
759
VALLEY PLANT GROWERS
PHUS LANCER. AFRICAN SUMAC
66177
56.D3
3556
YAN YALKEN6URGN, SUSAM
PLATSCHOOL INSIROCTORVAIO
9
66718
121.64
3422
VIKING OFFICE PRODUCTS
GRIPPER CHAIR MAY L CLIC PEN
66719
63.15
494
VISION SERVICE PLAN
MAY PREMIUM- GRPA0ID1139ALR
66700
6.181.00
475
WARREN L CO.. CARL
FILE 014843, 40WARO BAITER
4
66781
800.00
5550
WASHINGTON HILTON
ROOM ACCOM R GOMEZ APA CONE 5/10 -13
66181
720.32
5707
WAITERS CONSULTING. DAN
OVERPAYMENT OF BUS LIC 912087
66783
11.22
213
WAKIE, KLEER -LINE CORP
PLAYTEX 034 LARGE- A/C4331133T00
4
86704
828.06
3413
WEB CO. WEST
ESTIMATE -150 TO BE TAKEN OFF INV
9
66705
992.69
758
WELDING INDUSTRIAL L TOOL SUPPL
HELIUM L BALLOON RELULATUR RENTAL
66706
74_60
5700
WEST COAST WELDING
OVERPAYMENT OF BUS LIC 416170
66187
31.50
637
WEST END UNIFORMS
3 SL 20 BATTERIES, 6 20K BULBS
66188
216.58
411
WEST PUBLISHING CO
GOV LITERATURE A/C4669 -162 -378
66109
170.56
399
WEST VALLEY VECTOR COMT20L OISTRICT
R.C. VECTOR COMTRL SVC- UTR /EDG3 /92
66790
11.628.65
5709
WONG, MEGAN
REFUND CLASS AS112, RCT496735
66791
11.25
5219
WOOLF ASSOCIATES, LARRY AND SCOTT
OVERPAYMENT OF BUS LIC 411061
66 T92
40.00 `
509
XEROX CORPORATION
5046 CCPIER- A/C4687376631
4
661+3
2.319.93
2098
IAGORIN. KEITH
ADULT TENNIS. COURT SUPERVISOR
66194
16.50
3322
IAVALA, CAVE
ADULT E B OFFICIAL
66195
90.00
371
ZEE MEOICAL SERVICE
OVERPAYMENT OF BUS LIC 12438
66796
4.46
PR TOTAL 214.381.76
=ao�alc .as r... � � «r•
I.�ex <� ,ulEo
Ilill III!, I ;x
n . d 'FM 10 iil[
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.. , reurtl pal ..... tom.. ,: ,nl„m
6
YSn�f
I(:9 Iq a ::all,
u.f. •
.Yl.+...
.NILLli [,l
�'
., 1pn. ._
5 is
i.•
•a}�
FIVi. 1.e.rl 5aevr: I.:
!,I�l, l.o :d
Ira 111
9i^
9i11
py „.rII a,
_. l: d:.i
a.IPI
3.:13
e. ] «<.n_
1 1., .I.:J
I
I ,e .l
t.,. -
Ix
IF
l !4 1 1 ,.
.:n
...y
I'll EE:. .1.111
.e rml ntrv.0 �.
I.�ex <� ,ulEo
Ilill III!, I ;x
n . d 'FM 10 iil[
. 1'.19a
.. , reurtl pal ..... tom.. ,: ,nl„m
6
4
I K
1, 11 'It 11M,
15'9'
1.. It 1.: 11 M.I�
7-1
11
IAII
I M, 1. El'! I-
11 1,5
3.111 1.,1
14 tl�, �Ecl 11 Z �,
"I Ns
IMI.I..12 it... .... t"7 .2 En
..... .E E)
IXI,111,11 I.,. ' EE2 I.,rI
......... I' 1.112 1 "1
11,10
1 9.01.11
ME
Itt-"E yL10
I I-: I—
�;
RE 9.SM , 1.
19 E111? 91.119.11 I'll, 1 I I I.,., 91111111
1,,
M,29 1.11, 2111 9.l ]I 11115,11
;.W!
Iv[
1,-:1 8.131 1.
ji3CDE',
It I-E
"I. 191 ......
9 111
4
ll91 1. I !
Ilk, 1.
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m
6
A
I!dFa 3x.
10
KII.I. W.11:
•:V. W" Is"i -11,
ll,IWc 9kwF
RMWK .11
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I..CE
A
CITY" OF RANCHO CUCANIONGA
STAFF REPORT
t r�
DATE: May 20, 1992 �yn`
T0: Mayor and Members of the City Council V
Jack Lam, AICP, City Manager
FROM: 'William J. O'Neil, City Engineer
BY: Linda R. Beek, Junior Civil Engineer
SUBJECT: AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR
THE CONSTRUCTION OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT
VINEYARD AVENUE AT ARROW ROUTE, TO BE FUNDED FROM TOA
ARTICLE B FUND, ACCOUNT NO. 12- 4637 -9102
RECOMMENDATION:
It is recommended that City Council approve plans and specifications for
the Construction of Traffic Signals and Safety Lighting at Vineyard
Avenue at Arrow Route, and approve the attached resolution authorizing
the City Clerk to advertise the "Notice Inviting Bids ".
BACKGROUND /ANALYSIS
The subject project plans and specifications have been completed by
staff, reviewed by staff and approved by the City Engineer. The
Engineer's estimate for construction is $134,000.00. Legal advertising
is scheduled for May 26 and June 2, 1992, with the bid opening at 2:00
p.m. on Tuesday June 9, 1992.
Respectfully submitted,
J
William J. O'Neil
City Engineer
WJO:LRB:ly
Attachment
cc: Purchasing
RESJL L'TION N0, 612' 164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAt1ONGA APPROVING PLANS AHO SPECIPICATICNS FOR THE
"CONSTPUCTMH OF TRAFFIC SIGNALS AND SAFETY LIGHTING AT
VINEYARD AVENUE AT A.RRO`rl ROIL TE" 1 SAID CITY AND
.AUTHORIZING AND DIRECTING THE CITY CLEW TO ADVERTISE TO
RECEIVE RIGS
WHEREAS, it is the intention of the City of P.ancho Cucamonga to construct
certain improvements in the City of Rancho Cucamonga.
'WHEREAS, the City of Rancho Cucemong has prepared plans anC
specifications for the construction of certain improvements.
N9..1, THEREFORE, BE IT RESOLVED that the plans and specificaticn5
presented by the City of Rancho Cucamonga be and are hereby approved as the
plans and specifications for the "Construction of Traffic Sionais and Safety
Lighting at Vineyard Avenue at Arrow Route ".
EE IT FURTHER RESOLVED that the City Clerk is hereby authorized and
directed to advertise as required by law for the receipt of sealed bids or
proposals for doing the work specified in the aforesaid plans and
specifications, which said advertisement shall be substantially in the
following words and figures, to wit:
"NOTICE INVITING SEALED PIPS OR PROPOSALS"
Pursuant to a Resolutio,i of the Council of the City of Rancho Cucamonga,
San Bernardino County, California, directing this notice, NOTICE IS HEREBY
riVEN that the said City of Rancho Cucamonga will receive at the Office of the
City Clerk in the offices of the City of Rancho Cucamnnga, on or before the
hour of 2:00 o'clock P.M. on the 9th day of June 1992, sealed bids or
proposals for the "Construction of Traffic Signals and Safety Lighting at
Vineyard Avenue at Arrow Route" in said City.
Rids will be opened and publicly read immediately in the office of the
City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730.
Bids must be made on a form provided for the purpose, addressed to the
City of Rancho 'Cucamonga, California, marked, "Bid for Construction of Traffic
Signals and Safety Lightinc at Vineyard Avenue at .Arrow Route ".
PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Lahor 'Code, Division 2, Part 7, Chapter 1, Articles 1
and 2, the Contractor is required to pay not less than the general prevailing
,ate of per diem wages for wo,% of a similar character in the locality in
which the public work is performed, and not less than the general prevailing
-ate of per diem wage; for holiday and overtime work, in that regard, the
Director of the Department of Industrial Relations of the State of Cal; fornia
is required to and has nett- lnea such ,ere,,i' prevailing rates of per diem
wages. Conies of such prevailing rates of per diem wages are on 'Ile in the
office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Cent&r
Drive, upper level, Rancho Cucamonga, California, and are available to any
interested party on request. The Contracting Agency also shall cause a copy
of such determinations to be posted at the job site.
The Contractor shall forfeit, as penalty to the City of Rancho Cucamonga,
twenty -five dollars ($25.00) for each laborer, workman, or mechanic employed
for each calendar day or portion thereof, if such laborer, workman, or
mechanic is paid less than the general prevailing rate of wages hereinbefore
stipulated for any work done under the attached contract, by him or by any
subcontractor under him, in violation of the provisions of said Labor Code.
In accordance with the provisions of Section 1777.5 of the Labor Code as
amended by Chapter 971, Statutes of 1939, and in accordance with the
regulations of the California Apprenticeship Council, properly indentured
apprentices may be employed in the prosecution of the work.
Attention is directed to the provisions in Sections 1777.5 and 1777.6 of
the Labor Code concerning the employment of apprentices by the Contractor or
any subcontractor under him.
Section 1777.5, as amended, requires the Contractor or subcontractor
employing tradesmen in any apprenticable occupation to apply to the Joint
apprenticeship committee nearest the site of the public works project and
which administers the apprenticeship program in that trade for a certificate
of approval. The certificate will also fix the ratio of apprentices to
journeymen that will be used in the performance of the contract. The ratio of
apprentices to journeymen in such cases shall not be less than one to five
except:
A. When unemployment in the area of coverage by the Joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days prior to
the request for certificate, or
B. When the number of apprentices in training in the area exceeds a ratio
of one to five, or
C. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis statewide
or locally, or
D. When the Contractor provides evidence that he employs registered
apprentices on all of his contracts on an annual average of not less
than one apprentice to eight Journeymen.
The Contractor is required to make contributions to funds established for
the administration of apprenticeship programs if he employs registered
apprentices or Journeymen in any apprenticable trade on such contracts and if
other Contractors on the public works site are making such contributions.
The Contractor and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and
IZ
other requirements may be obtained from the Director of Industrial Relations,
ex- officio the Administrator of Apprenticeship, San Francisco, California, or
from the Division of Apprenticeship Standards and its branch offices.
Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract and the Contractor and any
subcontractor under him shall comply with and be governed by the laws of the
State of California having to do with working hours as set forth in Division
2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California
as amended.
The Contractor shall forfeit, as a penalty to the City of Rancho
Cucamonga, twenty -five dollars ($25.00) for each laborer, workman, or mechanic
employed in the execution of the contract, by him or any subcontractor under
him, upon any of the work hereinbefore mentioned, for each calendar day during
which said laborer, workman, or mechanic is required or permitted to labor
more than eight (8) hours in violation of said Labor Code.
Contractor agrees to pay travel and subsistence pay to each workman
needed to execute the work required by this contract as such travel and
subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
The bidder must submit with his proposal cash, cashier's check, certified
check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount
equal to at least ten percent (10 %) of the amount of said bid as a guarantee
that the bidder will enter into the proposed contract if the same is awarded
to him, and in event of failure to enter into such contract said cash,
cashier's check, certified check, or bond shall become the property of the
City of Rancho Cucamonga.
If the City of Rancho Cucamonga awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied by the
City of Rancho Cucamonga to the difference between the low bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
The amount of the bond to be given to secure a faithful performance of
the contract for said work shall be one hundred percent (100 %) of the contract
price thereof, and an additional bond in an amount equal to fifty percent
(50 %) of the contract price for said work shall be given to secure the payment
of claims for any materials or supplies furnished for the performance of the
work contracted to be done by the Contractor, or any work or labor of any kind
done thereon, and the Contractor will also be required to furnish a
certificate that he carries compensation insurance covering his employees upon
work to be done under contract which may be entered into between him and the
said City of Rancho Cucamonga for the construction of said work.
No proposal will be considered from a Contractor whom a proposal form has
not been issued by the City of Rancho Cucamonga.
Contractor shall possess a Class "A" License (General Engineering
Contractor) in accordance with the provisions of the Contractor's License Law
(California Business and Professions Code, Section 7000 et. seq.) and rules
and regulations adopted pursuant thereto at the time this contract is awarded.
12)
The work is to be done in accordance with the profiles, plans, and
specifications of the City of Rancho Cucamonga on file in the Office of t*
City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. Copies
of the plans and specifications, available at the office of the City Engineer,
will be furnished upon application to the City of Rancho Cucamonga and payment
of $25.00, said $25.00 is nonrefundable.
Upon written request by the bidder, copies of the plans and
specifications will be mailed when said request is accompanied by payment
stipulated above, together with an additional nonreimbursable payment of
$10.00 to cover the cost of mailing charges and overhead.
The successful bidder will be required to enter into a contract
satisfactory to the City of Rancho Cucamonga.
In accordance with the requirements of Section 902 of the General
Provisions, as set forth in the Plans and Specifications regarding the work
contracted to be done by the Contractor, the Contractor may, upon the
Contractor's request and at the Contractor's sole cost and expense, substitute
authorized securities in lieu of monies withheld (performance retention).
The City of Rancho Cucamonga, California, reserves the right to reject
any and all bids.
By order of the Council of the City of Rancho Cucamonga, California.
Dated this 20th day of May, 1992.
PASSED AND ADOPTED by the Council of the City of Rancho Cucamonga,
California, this _ day of , 19
ATTEST:
City Clerk
ADVERTISE ON May 26, 1992
June 2, 1992
114
yyor
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 20,1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: L. Dennis Michael, Fire Chief
SUBJECT: RESOLUTION OF SUPPORT RELATING TO EMERGENCY
MEDICAL SERVICES (EMS)
Consideration of approval of a resolution recommended by the Public Safety
Commission supporting local control of EMS delivery of service and the fire
service's role in providing prehospital emergency medical care.
BACKGROUND
During the April 7, 1992 Public Safety Commission meeting, District staff
updated the Commission regarding the current conflicts between the County
of San Bernardino and local government relating to delivery of emergency
medical services. The Commission requested staff draft a resolution
incorporating the various issues discussed for Commission consideration.
At the May 5, 1992 Commission meeting, staff presented the attached
resolution which the Commission unanimously approved for consideration
by the City Council and Fire Board. The Commission urged approval of the
resolution during their discussion.
Staff is requesting consideration for approval by both the Board of Directors
and City Council. Should the resolution be approved, it is our intent to
forward copies to the County Board of Supervisors, County Administrative
Officer, Health Director and the Inland Counties Emergency Medical Agency
(ICEMA).
Respectfully submitted,
L. Dennis Michael
Fire Chief
Attachments: Public Safety Commission Staff Report
Proposed Resolution
- CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 5, 1992
TO: Chairman and Members of the Public Safety Commission
FROM: L. Dennis Michael, Fire Chief
SUBJECT- EMERGENCY MEDICAL SERVICES (EMS) RESOLUTION
RECONNENDATION
Consideration to recommend that city Council approve a resolution supporting
local control of EMS delivery of service and the fire service's role in providing
prehospital emergency medical care.
RRCKGROUND
The Commission requested staff draft a resolution supporting the Fire
Department's role in providing emergency medical care for consideration at your
May 5th meeting.
The attached resolution has been prepared in a somewhat generic fashion, due to
weekly changes in the various issues discussed.
At your May 5th, I will update the Commission as to recent developments between
the County and San Bernardino City relating to delivery of EMS. The resolution
will provide a positive statement of your commitment to emergency medical care.
Respectfully submitt�ed,a,�,
L. Dennis Michael
Fire Chief
Attachment: Resolution No. 92 - * *-
t
155
1dE�I11'ICN ND. 92 -++'�
,3cnii- -•- 1'I' V •i i`VI PENTAL 1•Ia Y-- • 9-N*. .
•I V' • P' Y• 1 •I'. � 1•'•Y 1 •Y •• Y'•I •
3 13 ^I13 1i1 Y' Y5' Y' I'J 1 8i 0 1 I 1'19
1 L• •.cr 113' I•r •1• -Y•• 115.4
1 1 3 a•11 a i3•Ha 131 V Y 9 1 11 1 1 M
WHEREAS, prehosprtal emergency medical care is a major service
provided by the Ranmo Oacmwlga Fite Protection District; and
WNEMAS, Fire District personnel are considered the primary
providers /first respordexe to emergency situations involving the protection of
life and property, it is imperative that local control of the delivery of
emergency medical care be maintained within our jurisdiction; and
WHEREAS, all age (pubes and private) ubo lrovider in whole on
in part, pzehcepital emergency medical care, need to fully cooperate in
delivering these essential services in the interest of our citizen' health,
safety and welfare; and
WHEREAS, it is the City Council's belief that the public trust in
providing emergency medical care masts with our local elected and appointed
officials.
NOW, M'REFORE, the City CouLci1 of the City of kocdn Cucamonga does
hereby resolve to urge County and local public officials to recognize the
importance of a well organized, cooperative and efficient em¢geny medical
service delivery system and thereby support the fire service's role in
piing prehospital emergency care as primary providers /first responders to
incidents involving the public's health, safety and welfare.
11
r.a a s yr n 111 nv V V VLf1raV1V V^
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Marti Higgins, Disaster Preparedness Manager
SUBJECT: FEBRUARY STORMS, 1992
Council authorize by Resolution the three persons named to
represent the City of Rancho Cucamonga in this financial
transaction with the State of California.
In February, 1992, Southern California experienced devastating
floods for several days. Although Rancho Cucamonga escaped serious
damage, we did activate our EOC to assist in the mitigation of the
many problems that did occur on city streets and in basins.
Since the Southern California floods qualified for a State of
Emergency Declaration, the City of Rancho Cucamonga is eligible to
receive reimbursement for various costs due to the flooding. These
include staffing for the EOC and emergency response as well as
emergency materials and repairs to roads and other public property.
Every claim submitted must be substantiated with reports and
documentation. To expedite this process, the state requests
Council name by resolution three people authorized to execute on
behalf of the City, the application for obtaining this financial
assistance. The persons named to be authorized, Marti Higgins,
Jack Lam and Susan Neely are the staff members most involved with
this process. Reimbursement should be approximately $40,000.
Respectfully ,(submitted,
Disaster Preparedness Manager
MM: vg
Attachment
29
i�.so�u��on Na 9a- ISIv
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO CUCAMONGA, CALIFORNIA, NAMING r
PERSONS AUTHORIZED TO EXECUTE ON BEHALF OF THE
CITY THE APPLICATION FOR OBTAINING FEDERAL
FINANCIAL ASSISTANCE UNDER P.L. 93 -288
INVOLVING THE FEBRUARY, 1992, FLOODS.
WHEREAS, in February, 1992, the City experienced significant
flooding caused by heavy rains; and
WHEREAS, the City expended funds and resources to recover from
the effects of the flood and is desirous of receiving federal and
state assistance to recover these costs; and
NOW, THEREFORE, BE IT RESOLVED THAT MARTI HIGGINS, DISASTER
PREPAREDNESS MANAGER, OR JACK LAM, CITY MANAGER, OR SUSAN NEELY,
FINANCE OFFICER, is hereby authorized to execute for and on behalf
of the City of Rancho Cucamonga, a public entity established under
the laws of the State of California, this application and to file
it in the Office of Emergency Services for the purpose of obtaining
certain federal financial assistance under P.L. 93 -288 as amended
by the Robert T. Stafford Disaster Relief and Emergency Assistance
Act of 1988, and /or state financial assistance under the Natural
Disaster Assistance Act for the floods, which occurred in February
of 1992.
THAT the City of Rancho Cucamonga, a public entity established
under the laws of the State of California, hereby authorizes its
agent to provide to the State Office of Emergency Services for all
matters pertaining to such state disaster assistance the assurances
and agreements required.
PASSED, APPROVED, and ADOPTED this J day of , 19_
AYES:
NOES:
ABSENT:
Dennis L. Stout, Mayor
ATTEST:
Debra J. Adams, City Clerk
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was
duly passed, approved, and adopted by the City Council of the City
of Rancho Cucamonga, at a regular meeting of said City Council held
on the
11
W1 Y Ur RANUHU UUUninUNUA
STAFF REPORT
DATE: May 20, 1992 1 P
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Sigmund M. Dellhime, Management Analyst II
SUBJECT: APPROVAL OF THE ENVIRONMENTAL INITIAL STUDY, PARTS 1 AND
II, FOR THE PROPOSED RANCHO CUCAMONGA HIGH SCHOOL
MITIGATION PROJECT FOR THE ROCHESTER AVENUE EAST SIDE
PARKWAY FROM VICTORIA PARK LANE TO HIGHLAND AVENUE AND
ISSUANCE OF A CATEGORICAL EXEMPTION THEREFORE.
Staff recommends that the City Council adopt the attached Resolution
accepting and approving the Environmental Initial Study, Parts I and II
for the proposed Rochester Avenue east side Parkway Landscaping from
Victoria Park Lane to Highland Avenue and issuance of a Categorical
Exemption therefore and direct the City Clerk to file a Notice of
Exemption pursuant to the California Environmental Quality Act.
BACKGROUND /ANAL. YS I S
This report presents the Environmental Assessment Initial Study for the
proposed Rochester Avenue east side Parkway Landscaping from Victoria
Park Lane to Highland Avenue.
This study was undertaken to fulfill a requirement of a Proposition 111
Environmental Mitigation Grant application. The project entails the
installation of landscaping on the Parkway and the Day Creek Retention
Basin Slope along the east side of Rochester Avenue. The project will be
undertaken only if grant funding is approved by the California
Transportation Commission.
Engineering Staff finds that proposed project will not create a
significant adverse impact on the environment and therefore recommends
that these improvements be classified as Categorically Exempt.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO: HM: iy
Attachments
RESOLUTION NO. 9 2� 157
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA APPROVING THE ENVIRONMENTAL INITIAL
STUDY AND ISSUANCE OF A CATEGORICAL EXEMPTION FOR THE
PROPOSED RANCHO CUCAMONGA HIGH SCHOOL MITIGATION PROJECT
FOR THE ROCHESTER AVENUE EAST SIDE PARKWAY.
WHEREAS, the City Council of the City of Rancho Cucamonga has
reviewed all available input concerning the proposed Rancho Cucamonga High
School Mitigation Project for the Rochester Avenue east side Parkway; and
WHEREAS, an Environmental Assessment Initial study has been prepared
pursuant to the California Environmental Quality Act, as amended;
NON, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA,
HEREOY RESOLVES as follows:
SECTION 1: The City Council of Rancho Cucamonga hereby approves the
EnvironmennTT 7sessment initial study and issuance of a Categorical Exemption
for the proposed Rancho Cucamonga High School Mitigation Project for the
Rochester Avenue east side Parkway.
SECTION 2: The City Clerk is directed to file a Notice of Exemption
pursuant o e a ifornia Environmental Quality Act.
ZI
CITY OF RANCHO CUCAMONGA +
ENVIRONMENTAL INFORMATION FORM
PMT I - INITIAL STUDY
General Information
1. Name and address of developer or project sponsor, City of Rancho
Cucamonga, 10500 Civic Center Drive Rancho Cucamonga,
2. Address of project: East Parkway of Rochester Avenue from Victoria Park
Lane to Highland Avenue
3. Name, address, and telephone number of person to be contacted concerning
this project: City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho
4. Indicate number of the permit application for the project to which this
form pertains: N/A
5. List and describe any other related permits and other public approvals
required for this project, including those required by city, regional,
state and federal agencies: San Bernardino Flood Control Encroachment
6. Existing zoning district: Residential
7. Proposed use of site (Project for which this form is filed): Landscape
Buffer Zone between the Day Creek Retention Basin and Rancho uc� amonga
iHiah School. — saaidTuffer on2 a wiTT ac a'�s a win or a win s
Project Description and Effects:
8. Site Size. See Attachment
9. Square footage. See Attachment
10. Number of floors of construction. N/A
11. Amount of off -street parking provided. N/A
12. Attach plans. N/A
13. Proposed scheduling. See Attachment
14. Associated project. N/A
15. Anticipated incremental development. N/A
16. If residential, include the number of units, schedule of unit sizes,
range of sale prices of rents, and type of household size expected. N/A
z2-
r
17_ If commercial, indicate the type, whether neighborhood, city or
regionally oriented, square footage of sales area, and loading
facilities. N/A
18. If industrial, indicate type, estimated employment per shift, and loading
facilities. N/A
19. If institutioral, indicate the major function, estimated employment per
shift, estimate occupancy, loading facilities, and community benefits to
be derived from the project. N/A
20. If the project involves a variance, conditional use or reasoning
application, state this and indicate clearly why the application is
required. N/A
Are the following items applicable to the project or its effects? Discuss
below all items checked yes (attach additional sheets as necessary).
�3
Yes No
21.
Change in existing features of any bays, tidelands, beaches,
X
or hills or substantial alteration of ground contours.
— —'
22.
Change in scenic views or vistas from existing residential
X
areas or public lands or roads.
— —
23-
Change in pattern, scale or character of general area of
X
project.
— —
24.
Significant amounts of solid waste or litter.
_ X
25.
Change in dust, ash, smoke, fumes or odors in vicinity.
_ X
26.
Change in ocean, bay, lake, stream or ground water quality
X
or quantity, or alteration of existing drainage patterns.
�— —
27.
Substantial change in existing noise or vibration levels in
X
the vicinity.
— —
28.
Site on filled land or on slope of 10 percent or more.
X _
29_
Use of disposal of potentially hazardous materials, such as
X
toxic substances, flammables or explosives.
— —
30.
Substantial change in demand for municipal services (police,
X
fire, water, sewage, etc.).
— —
31.
Substantially increase fossil fuel consumption (electricity.
X
oil, natural gas, etc.).
— —
32.
Relationship to a larger project or series of projects.
X
�3
Environmental Setting: See attached
33. Describe the project site as it exists before the project, including
information on topography, soil stability, plants and animals, and any
cultural, historical or scenic aspects. Describe any existing structures
on the site, and the use of the structures. Attach photographs of the
site. Snapshots or polaroid photos will be accepted.
34. Describe the surrounding properties, including information on plants and
animals and any cultural, historical or scenic aspects. Indicate the
type of land use (residential, commercial, etc.), intensity of land use
(one - family, apartment houses, shops, department stores, etc.), and scale
of development (height, frontage, set -back, rear yard, etc.). Attach
photographs of the vicinity. Snapshots or polaroid photos will be
accepted.
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 Planni g Division.
Date: ,S /3 • 92 Signature: �.
aura onaccors
Title: landscape Designer
1-4
ATTACHMENT - PART I
8. 9. Project length is 2600 if and varies in width from 34' to 67' for a
total of 79,435 sf.
13. The anticipated project schedule for construction is from November
1992 to March, 1993.
28. 2:1 slope of levee for the Day Creek Basin will be planted to control
erosion.
32. This project will be the last phase of the Rochester Avenue Street
Improvements. Rochester Avenue, a major thoroughfare is needed to
provide access outside of the neighborhood street system to Rancho
Cucamonga High School. The school will open in September, 1992.
33. The project site is located along an old dirt road that was used by
farmers in the local community to haul their produce to the south
Rochestc- Train Station. This road is now the proposed Rochester
Avenue which will be a major avenue 72' wide with a 100' right of
way. The project site is bounded to the east by the Day Creek Basin.
The native scrub brush habitat is still evident as many of the
adjoining parcels are undeveloped. There are no historically
significant structures nearby, although there is one ranch house on a
20 acre parcel adjacent to the project. The proposed High School
will also be adjacent to and within view of the project. The area is
zoned residential and located in the Victoria Master Planned
Community. The Victoria Community is a 2150 acre planned area for
residential, retail, and school developments. Lakes and wildlife
corridors are also planned.
25-
CITY OF RANCHO CUCAMDNGA
PART II - INITIAL STUDY
ENVIRONMENTAL CHECKLIST +
I. BACKGROUND
1. Name of Proponent City of Rancho Cucamonga
2. Address and Phone Number of Proponent 10500 Civic Center Drive, Rancho
Cucamonga, California 91729
3. Date of Checklist Submitted May 20, 1992
4. Agency Requiring Checklist City of Rancho Cucamonga
5- Name of Proposal, if applicable East Parkway of Rochester Avenue from
Victoria Park Lane to Highland Avenue
I. ENVIRONMENTAL IMPACTS
(Explanation of all 'yes' and 'maybe' answers are required on attached
sheets).
YES MAYBE NO
I. Earth. Will the proposal result in:
a.
Unstable earth conditions or in changes in
geologic substructures?
X
b.
Disruptions, displacements, compaction or
overcovering of the soil?
X
C.
Change in topography or ground surface
relief features?
X
d.
The destruction, covering or modification
Of any unique geologic or physical features? _
_ X
e.
Any increase in wind or water erosion
of soils, either on or off the site?
X
f.
Changes in deposition or erosion of beach
sands, or changes in siltation, deposition
or erosion which may modify the channel of
a river or stream or the bed of the ocean
or any bay, inlet or lake?
X
9.
Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar hazards?
X
Z�o
Page 2
YES
MAYBE NO
2. Air.
Will the proposal result in:
y
a.
Substantial air emissions or deterioration
of ambient air quality?
X
b.
The creation of objectionable odors: _
X
c.
Alteration of air movement, moisture, or
temperature, or any change in climate,
either locally or regionally?
X
3. Water. Will the proposal result in:
a.
Changes in currents, or the course of
direction of water movements, in either
marine or fresh waters?
X
b.
Changes in absorption rates, drainage
patterns, or the rate and amount of surface
water runoff? X
c.
Alterations to the course or flow of flood
waters?
X
d.
Change in the amount of surface water in any
body of water?
X
e.
Discharge into surface waters, or in any
alteration of surface water quality,
including but not limited to temperature,
dissolved oxygen or turbidity? _
f.
Alteration of the direction or rate of
flow of ground waters?
X
g.
Change in the quantity of ground waters,
either through direct additions or with-
drawals, or through interceptions of an
aquifer by cuts or excavations? _
X
h.
Substantial reduction in the amount of
water otherwise available for public
water supplies?
X
i.
Exposure of people or property to water related
hazards such as fl ooding or tidal waves? _
_ X
4. Plant life. Will the proposal result in:
a.
Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops and aquatic plants)? X
J1
Page 3
3
YES MAYBE NO
b. Reduction of the numbers of any unique, rare
or endangered species of plants?
X
c. Introduction of new species of plant into
an area, or in a barrier to the normal
replenishment of existing species?
X
d. Reduction in acreage of any agricultural crop?
_ X
5.
Animal Life. Nil' the proposal result in:
a. Change in the diversity of species, or numbers
of any species of animals (birds, land
animals including reptiles, fish and shell-
fish, benthic organisms or insects)?
X
b. Reduction of the numbers of any unique,
rare or endangered species of animals?
X
c. Introduction of new species of animals into
an area, or result in a barrier to the
migration or movement of animals?
X
d. Deterioration to existing fish or wildlife
habitat?
X
6.
Noise. Will the proposal result in:
a. Increase in existing noise levels?
X
b. Exposure of people to severe noise levels?
X
7.
Light and Glare. will the proposal produce
new g o_r__9Tare?
X
8.
Land Use. Will the proposal produce new
iT gFf or glare?
X
9.
Natural Resources. Will the proposal result in:
a. Increase in the rate of use of any natural
resources?
X
10.
Risk of Upset. Will the proposal involve:
a. A risk of an explosion or release of
hazardous substances (including, but not
limited to oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition?
X
b. Possible interference with an emergency
response plan or an emergency evacuation
plan?
X
3
Page 4
YES MAYBE NO
II. Population. Will the proposal alter the
ocl at %n, distribution, density, or growth rate +
of the human population of an area? _ X
12. Housing. Will the proposal affect existing
15-using or create a demand for additional housing?
7. Land Use and Planni ng Considerations. Will the
proposa ave s Mg n7t1cant results n?
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? X
C. An impact upon the quality or quantity of
existing consumptive or non - consumptive
recreational opportunities? _
_ X
13. Transportation /Circulation. Will the proposal
resu n:
a. Generation of substantial additional
vehicular movement? _
X
b. Effects on existing parking facilities, or
demand for new parking? _
X
c. Substantial impact upon existing transportation
Systems?
X
d. Alterations to present patterns of circulation
or movement of people and/or goods? _
_ X
e- Alterations to water - borne, rail, or air
traffic?
X
f. Increases in traffic hazards to motor
vehicles, bicyclists or pedestrians? _
_ X
14. Public Services. Will the proposal have an effect
upon, or resu in a need for new or altered
governmental services in any of the following areas?
a. Fire protection?
X
b. Police protection?
X
c. Schools?
X
711,
d. Parks or other recreational facilities?
e. Maintenance of public facilities, including
roads?
f. Other governmental services?
15. Energy. Will the proposal result in:
a. Use of substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing
sources of energy, or require the development
of new sources of energy?
16_ Utilities. Will the proposal result in a need
Tor nrew systems, or substantial alterations to
the following utilities?
a. Electric power?
b. Natural or packaged gas?
c. Communications systems?
d. Water supply?
e. Waste water facilities?
f. Flood control structures?
g- Solid waste facilities?
17. Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
b. Exposure of people to potential health
hazards?
18. Aesthetics. Will the proposal result in the
o S r'{ uc{ion of any scenic vista or view open to
the public, or will the proposal result in the
creation of an aesthetically offensive site open
to public view?
19. Recreation. Will the proposal result in an
mpa�pn the quality or quantity of existing
recreational opportunities?
30
Page 5
YES MAYBE NO
X
X
X
X
x
X
X
X
X
X
X
X
X
X
X
X
Page 6
YES
MAYBE WO
20. Cultural Resources.
a. Mill the proposal result in the alteration
of or the destruction of a prehistoric or
historic archaeological site?
X
b. Will the proposal result in adverse physical
or aesthetic effects to a prehistoric or
historic building, structure, or object? _
X
c. Does the proposal have the potential to
cause a physical change which would affect
unique ethnic cultural values?
X
d. Will the proposal restrict existing religious
or sacred uses within the potential impact
area?
_
X
21. Mandatory Findings of Significance.
a. Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a 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 -term impacts will endure well
into the future).
X
C- Does the project have impacts which are
individually limited, but cumulatively
considerable? (A project may impact on two
Of more separate resources where the impact
on each resource is relatively small, but
where the effect of the total of these
impacts on the environment is significant.) _
X
'
d. Does the project have environmental effects
which will cause substantial adverse effects
on human beings, either directly or indirectly?
X
ME
Page 7
III. DISCUSSION OF ENVIRONMENTAL EVALUATION
arra ve escr p or. o env ronmen impacts.)
See Attachment
IV. DETERMINATION
o e camp eted by the Lead Agency.)
On the basis of this initial evaluation:
X I find the proposed project COULD NOT have a significant effect on
the environment, and a CATEGORICAL EXEMPTION will be prepared.
I find that although the proposed project could have a significant
effect 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 MILL BE PREPARED.
I find the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENT IMPACT REPORT is required.
Date S / 3 %2 rJ =`/ s� eu.. , ; _
9na re --
Landscape Designer
Title
,3 Z
ATTACHMENT - PART II
3.b. Planned landscaping will reduce the impact of erosion on the Day
Creek Retention Basin Slope. +
4a. 92 Bottle Trees (brachychiton populneus) will be planted in the road
right -of -way. Bottle Trees are the designated street tree type for
this segment of Rochester Avenue. All trees planted within the road
right -of -way will be fifteen gallon size. Bottle Trees have a crown
of approximately thirty feet and are known for their resistance to
wind and drought tolerance.
14e. Landscape maintenance is contracted out to the private sector.
Although a small amount of public administration will occur with the
additional area.
33
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager`
,±
FROM: Jim Hart, Administrative Services Director
BY: Ingrid Y. Blair, GIS/Special Districts Supervisor
SUBJECT: APPROVAL TO AUTHORIZE THE ANNUAL LEVY OF AN
ASSESSMENT MANAGEMENT FEE FOR THE COLLECTION OF
ASSESSMENTS WITHIN THE ALTA LOMA CHANNEL DISTRICT
(84 -2), THE SIXTH STREET INDUSTRIAL PARK REFUND
DISTRICT (82 -1R), THE RANCHO CUCAMONGA DRAINAGE
DISTRICT (86 -2) AND MILLIKEN SOUTH OF ARROW DISTRICT
(89 -1).
RECOMMENDATION
Staff recommends that City Council approve the attached Resolution authorizing
the annual levy of an assessment management fee of five dollars ($5.00) per
parcel for the expenses incurred in the collection of assessments within the Alta
Loma Channel District (84 -2), the Sixth Street Industrial Park Refund District
(82 -IR), Rancho Cucamonga Storm Drain District (86 -2) and Milliken South of
Arrow District ( 89 -1).
Section 8682 of the Government Code authorizes the City of Rancho Cucamonga
to collect an annual assessment management fee of a maximum of five percent
(57r) of the amount of the installments and not to exceed sixteen dollars per
parcel assessment. Rather than calculate the fee on a percentage basis, staff
has determined that the City should maintain the current rate of five dollars
per parcel. The requested fee will allow the City to recover funds for collection
and management of assessment districts that are applicable to the Improvement
Bond Act of 1915.
Rancho Cucamonga's comprehensive management program including record
keeping, cost management, payoff calculations, monthly financial reports, debt
service schedules, as well as providing information to the public is funded from
this fee.
Respectfully submit,
::�jJLv - --
Jinn Hart
Administrative Services Director
Attachment: Resolution
RESOLUTION NO. 2" 16 O
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CU'CAMONGA, CALIFORNIA, AUTHORIZING THE LEVY
OF AN ASSESSMENT SURCHARGE FOR THE EXPENSES
INCURRED IN THE COLLECTION OF ASSESSMENTS IN
VARIOUS SPECIAL ASSESSMENT DISTRICTS
WHEREAS, the City Council of the City of Rancho Cucamonga has
heretofore undertaken proceedings pursuant to the "Municipal Improvement Act of
1913" being Division 12 of the Streets and Highways Code of the State of
California, and has confirmed assessments upon land within various special
assessment districts (hereinafter collectively referred to as the "Assessment
Districts "); and
WHEREAS, as proceedings provided for and the City did subsequently
issue bonds pursuant to the 'Improvement Bond Act of 1915', being Division 10 of
the Streets and Highways Code of the State of California, said bonds representing
unpaid assessments within the Assessment Districts; and
WHEREAS, the City does incur necessary administrative expenses in the
collection of the annual installments of the assessment within the Assessment
Districts; and
WHEREAS, Government Code Section 8682 does authorize the City to
establish an assessment surcharge to allow the City to recover its expenses of
collection of said assessments; and
WHEREAS, the City desires to establish such an assessment surcharge as
authorized by said Government Code Section 8682.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga
does hereby resolve as follows:
SECTION 1: That the above recitals are all true and correct.
SECTION 2: The City Treasurer is hereby directed to add to the annual
installment of assessments within the Assessment Districts a maximum of five
dollars ($5.00) per parcel for the expenses incurred in the collection and
administration of assessments within the districts. Said expenses of collection
shall include the necessary administrative expenses of the City incurred in
providing the County Auditor with current information regarding the ownership or
division of the affected lots or parcels of land within the Assessment Districts to
ensure the proper entry by the County Auditor in his or her assessment roll and
the timely collection of the Assessment installments.
3S
$ECTION 3: The above assessment surcharge, when collected, shall belong
to the City and shall cover the expenses and compensation of the Treas&er
incurred in the collection of the assessments, and of the interest and penalties
added on to the assessments.
3 la
CM OF RA \CFIO CtiCAS10 \GA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City ?tanager
FROM: Will lam J. O'Neil, City Engineer
BY: 'All I ie Val buena, Assistant Engineer
SUBJECT: APPROVAL OF PARCEL MAP 13755, LOCATED BETWEEN TERRA VISTA
PARKWAY AND SPRUCE AVENUE, NORTH OF CHURCH STREET,
SUBMITTED BY THE CENTRAL SCHOOL DISTRICT.
Rrrn wNnATTnN
It is recommended that City Council adopt the attached resolution
approving Parcel Map 13755 and authorizing the City Clerk to cause said
map to record.
Parcel Map 13755, located between Terra Vista Parkway and Spruce Avenue.
north of Church Street, within the Terra Vista Planned Community, was
approved by the Planning Commission on August 14, 1991, for the creation
of one 14.27 acre parcel for development of a junior high school.
Public Improvements are to be constructed at the time of huilding permit
issuance.
The Developer, Lewis Development Company, is submitting a cash bond for
the setting of monuments in the following amount:
Monumentation Cash Bond $2,450.00
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:WV:jh
Attachment
3 "1
RESOLUTION N0, 9 2- 159 r
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP N0, 13755
WHEREAS, TENTATIVE PARCEL MAP NO. 13755, submitted by The Central
School District, Subdivider, and consisting of 1 parcel, located between
Terra Vista Parkway and Spruce .Avenue north of Church Street, was approved by
the Planning Commission on August 14, 1991, as provided in the State
Subdivision Map Act and is In compliance with the requirements of Ordinance
No. 28 of said City; and
WHEREAS, Parcel Map No. 13755 is the Final Map of the division of
land approved as shown on said Tentative Parcel Map; and
WHEREAS, said subdivider has met the requirements established as
prerequisite to approval of the Final Map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ra
ncho Cucamonga, California, as follows:
That the Final Map beapproved and the City Clerk is authorized
to execute the certificate thereon behalf of said City; and
2. That said Parcel Map No. 13755 be and the same is hereby
approved and the City Engineer is authorized to present same to
the County Recorder to be filled for record.
ME
CHURCH 57" � Y
N\-'
C9TY OF RANCHO CUCAMONGA ITEM: PM IBZ5
ENGINEERING DIVISION TITLE:
EXHIBIT: A
3q
CC1I Ur I(ANCHU (,'U'CA.NIUNGA
STAFF REPORT
r ,
GATE: May 20, 1992
TO: Mayor and Members of the City Council v
Jack Lam, AICP, City Manager
FROM: 'dill lam J. O'Neil, City Engineer
BY: John Pantages, Maintenance Supervisor, Streets
SUBJECT: APPROVAL TO A14ARD AND AUTHORIZATION FOR THE EXECUTION FOR
CITYWIDE CONCRETE REPAIR ANNUAL MAINTENANCE AGREEMENT TO
ZUBER CONSTRUCTION OF WRIGHTWOOD, CALIFORNIA, FOR THE
AMOUNT OF 560,572.75 TO BE FUNDED BY ACCOUNT NUMBER
01- 4647 -6028 FOR FISCAL YEAR 91/92
It is recommended that City Council approve the award and authorize the
execution of the Citywide Concrete Repair Annual Maintenance Agreement to
Zuber Construction of Wrightwood, California. This Agreement is for
three months, starting June 1, 1992 through August 31, 1992. This
Agreement is renegotiable on a year -to -year basis starting September 1,
1992.
BACKGROUND/ANALYSIS
Proposals were solicited April 24, 1 ^92, and opened on May 8, 1992.
Of the twelve proposals sent out to prospective contractors, two
proposals were received. Staff interviewed the lowest bidder and have
determined that Zuber Construction was the most responsive bidder,
meeting the City's requirements.
Respectfully submittgd,,
William J. O'Neil
City Engineer
WJO:JP:ia
Attachment
11 C)
CITY OF RANCHO CITCANIOKGA
DATE: May 20, 1992 STAFF REPORT
r�
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: 'William J. O'Neil, City Engineer
BY: Linda Beek, Jr. Engineer .
SUBJECT: AWARD AND AUTHORIZATION FOR EXECUTION OF CONTRACT FOR ROCHESTER
.AVENUE STREET IMPROVEMENTS, LOCATED FROM VICTORIA PART( LANE TO
HIGHLAND AVENUE, AND TRAFFIC SIGNAL AND SAFETY LIGHTING
INSTALLATION PROJECT AT THE INTERSECTION OF HIGHLAND AND
ROCHESTER AVENUES TO SUMMIT GRADING AND PAVING, INC., FOR THE
AMOUNT OF $528,103,95 ($480,094.50 PLUS 10% CONTINGENCY) TO BE
FUNDED FROM THE FOLLOWING ACCOUNTS: TDA ARTICLE 8, 12- 4637 -9101,
TDA LOCAL MEASURE 1, 32- 4637 -9111, SYSTEMS 35- 4637 -9108, RDA
I1 -5010
RECOMMENDATION:
It is recommended that the City Council accept all bid proposals as received,
award and authorize execution of contract for Rochester Avenue Street
Improvements, located from Victoria Park Lane to Highland Avenue, and Traffic
Signal and Safety Lighting Installation Project at the intersection of Highland
and Rochester Avenues Improvement Project to the lowest responsive bidder, for
the amount of $480,094.00 and authorize the Administrative Services Director to
expend $528,103.95 ($480,094.50 plus 10% contingency) to be funded from the
following accounts: TDA Article 8, 12- 4637 -9101, TDA Local Measure I, 32 -4637-
9111, Systems 35 -4531 -9108, RDA 11 -5010.
BACKGROUNN /ANALYSIS
Per previous Council action, bids were solicited, received and opened on May 5,
1992, for the subject project. Summit Grading and Paving, Inc., is the
apparent lowest responsive bidder with a bid amount of $480,094.50 (see
attached bid summary). The Engineer's estimate was $611,850.00. Staff has
reviewed all kids received and found them to be complete and in accordance with
the bid requirements. Staff has completed the required background
investigation and finds all tldders to meet the requirements of the bid
documents.
Respectfully submitted;, .�
10�� ��EL
William .3. O'Neil
City Engineer
WJO:LB:ly
Attachment
CITY OF RANCHO CCCANIONGA
STAFF REPORT
DATE: May 20, 1992 (Z
TO: Mayor and Members of the City Council v
jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Joe Stofa Jr., Associate Engineer
SUBJECT: APPROVAL
AGENCY EXECUTION
AGREEMENT ONO. 08 -5420 BETWEEN THE CITY
OF RANCHO CUCAMONGA AND THE STATE OF CALIFORNIA FOR THE
CONSTRUCTION PHASE INCLUDING ADVERTISEMENT, AWARD AND
ADMINISTRATION OF THE REHABILITATION AND WIDENING OF HAVEN
AVENUE FROM 4TH STREET TO FOOTHILL BOULEVARD. THE
SUPPLEMENT SETS THE FEDERAL PORTION OF THE PROJECT AT
$918,941.00 AND THE CITY'S PORTION AT $119,059.00 WITH THE
PROVISION TO INCREASE THE CITY'S PORTION SHOULD THE NEED
ARISE. FINDING FOR THE SUPPLEMENT AGREEMENT SHALL BE FROM
TRANSPORTATION DEVELOPMENT FEES.
RECOMENDATION
It is hereby recommended that the City Council approve and execute the
attached Resolution that authorizes the execution of Program Supplement
No. Ol8 to Local Agency - State Agreement for Federal Aid Projects No.
08 -5420 ann a certified copy of said Resolution along with the executed
original copies of the executed Supplement be sent to the State of
California for their execution.
BACKGROUND /ANALYSIS
Attached herewith are the duplicate original copies of the above subject
Program Supplement No. 018 to Local Agency - State Agreement for Federal
Aid Projects No. OB -5420.
This program supplement provides for the construction phase including
Advertisement, Award and Administration of the widening and
rehabilitation of Haven Avenue from 4th Street to Foothill Boulevard,
which consists of the installation of bus bays, reconstruction and
ove ^laying of existing pavement, striping, utilities and signal
relocation necessary for the street widening. The supplement sets the
Federal portion of the project at $918,941.00 and the City's portion at
$119,059.00 with the provision to increase the City's portion should the
CITY COUNCIL STAFF REPORT
SUPPLEMENT NO. 018
MAY 20, 1992
PAGE 2
need arise. The Federal portion to be limited to the amount shown.
Funding for the Supplement Agreement shall be from Transportation
Development Fees.
Respectfully submitted,
C�Z,
William J. O'Neil
City Engineer
WJO:JS:Iy
Attachments
93
RESOLUTION 40. 9 �_)- I (p,o
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING THE EXECUTION AND
SIGNING OF PROGRAM SUPPLEMENT NO. 018 TO LOCAL AGENCY -
STATE AGREEMENT NO. 08 -5420 FOR THE CONSTRUCTION PHASE
INCLUDING ADVERTISEMENT, AWARD AND ADMINISTRATION OF THE
REHABILITATION AND WIDENING OF HAVEN AVENUE FROM 4TH
STREET TO FOOTHILL BOULEVARD
WHEREAS, the City Council of the City of Rancho Cucamonga (herein -after
referred to as "Local Agency "), has for its consideration and execution, the
Program Supplement No. 018 to Local Agency - State Agreement No. 08 -5420 for the
construction phase including Advertisement, Award and Administration of the
Rehabilitation and Widening of Haven Avenue from 4th Street to Foothill Boulevard;
and
WHEREAS, the State of California, Department of Transportation, District
Office 8 (hereinafter referred to as "State') processes and monitors Federally
funded projects; and
WHEREAS, as a condition to payment of Federal funds for said projects,
the Local Agency shall approve and execute said Program Supplement No. 018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, DOES
HEREBY RESOLVE AS FOLLOWS:
Authorize the Execution of Supplement No. 018 to Local Agency -
State Agreement No. 08 -5420 for the construction phase including
Advertisement, Award and Administration of the Rehabilitation and
Widening of Haven Avenue from 4th Street to Foothill Boulevard in
the City of Rancho Cucamonga, San Bernardino County.
To authorize the Mayor to sign said Supplement and direct the City
Clerk to attach a certified copy of this Resolution, as well as type
in the Resolution number and date in the blank of the third block of
said supplement and for the return of the original copies of said
supplement to the State of California Department of Transportation
along with the certified copy of this Resolution.
NOW THEREFORE, BE IT FURTHER RESOLVED that the Local Agency shall also
comply with the "special Covenants or Remarks" attached to said supplement
including:
All maintenance, involving the physical condition and the operation
of the improvements, referred to in Article VI Maintenance of the
aforementioned Master Agreement will be performed by the Local
Agency at regular intervals or as required for efficient operation
of the completed improvements.
L{ H
RESOLUTION NO.
REHABILITATION 8 WIDENING OF
HAVEN AVE. FROM 4TH ST. TO FOOTHILL BLVD.
MAY 20, 1992
PAGE 2
2. The Local .Agency will advertise, award, and administer this project
and will obtain the State's concurrence prior to either award or
rejection of the Contract.
3. The Local Agency agrees the payment of Federal funds will be limited
to the amounts approved by the Federal Highway Administration in the
Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its
modification (PR -2A) or the FNM -76, and accepts any increases in
Local Agency Funds as shown on the Finance or Bid Letter or its
modification as prepared by the Division of Local Streets and Roads.
4. In executing this Program Supplement Agreement, Local Agency hereby
reaffirms the "Nondiscrimination Assurances' contained in the
aforementioned Master Agreement for Federal -Aid Program.
5. Whenever the local agency uses a consultant on a cost plus basis,
the local agency is required to submit a post audit report covering
the allowability of cost payments for each individual consultant or
sub - contractor incurring over $25,000 on the project. The audit
report must state the applicable cost principles utilized by the
auditor in determining allowable costs as referenced in CFR 49, part
18, Subpart C -22, Allowable Costs.
PASSED, APPROVED, AND ADOPTED this _ day of 1992.
AYES:
NOES:
ABSENT:
enn s ou , ayor
ATTEST:
Debra ams, y ercl-
I, DEBRA J. ADAMS, CITY CLERK of the City of Rncho Cucamonga, California,
do hereby certify that the foregoing Resolution was duly passed, approved, and
adopted by the City Council of the City of Rancho Cucamonga, California, at a
regular meeting of said City Council held on the — day of 1992,
Executed this 20th day of May, 1992 at Rancho Cucamonga, California.
e ra . ams, y er
45
CITY OF RANCHO CUC'ANIONGA
STAFF REPORT
DATE: May 20, 1992
d0: Mayor and Members of the City Council
Jack Lam, AIICP, City Manager
FROM: 'Wil Liam J. O'Neil, City Engineer
BY: Mike Olivier, Sr. Civil Engineer
SUBJECT: ACCEPTANCE OF EASEMENT ACOUISITION AGREEMENT BETWEEN JANET G.
BAUER AND THE CITY OF RANCHO CUCAMONGA FOR THE PURCHASE OF
RIGHT -OF -WAY FOR LARK DRIVE IN THE AMOUNT OF $124,200,00 AND
COVER ADDITIONAL EXPENSES AMOUNTING TO $5,486.50 TO BE FUNDED
FROM ACCOUNT NUMBER 22- 3901 -7441
It is recommended that the City Council accept the Easement Acquisition
Agreement between Janet G. Bauer and the City of Rancho Cucamonga for the
purchase of Right -of -Way for Lark Drive in the amount of $124, ?00.00, and
cover additional expenses amounting to $5,486.50 to be funded from Account
Number 22- 3901 -7441.
Lark Drive is an east - west street on the north side of the new High
School, south of Highland Avenue on Rochester Avenue. This agreement is to
purchase one half of Lark Drive from Ms. Bauer. The City Attorney and
Engineering staff have had numerous contacts with Ms. Bauer. .4f ter
reviewing the Agreement with her attorney and making verbal requests for
changes, Ms. Bauer made an appointment with staff to arrange for
signature. This was accomplished on May 11, 1992. After approval of the
agreement, the Easement deed will be recorded and work may commence on
constructing Lark Drive.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO: MO: Iy
Attachment
1 . l - 4_92 m o N i3 :K 5 N 1_ i 1 . I . _
EASEMENT ACQUISITION AGREEMENT
Parties:
A. ,Tanet G. Bauer, Trustee by and for both the
Charles W. Bauer Trust and the Marcella
Bauer Trust (hereinafter "Bauer").
B. City of Rancho Cucamonga, a Municipal Corporation,
(hereinafter "City "),
The Parties desire to accomplish the conveyance of an
exclusive easement, for street and related public purposes, in
certain real property located in the City of Rancho Cucamonga,
California from Bauer to City. Said property is described in
Zxhibit "i" hereto and hereby incorporated by reference as if
fully set forth herein. City has undertaken the acts necessary
to cause the commencement of an action in eminent domain, as such
is established in the California Code of civil Procedure (Eminent
!Domain law). The Parties prefer to achieve a mutually
beneficial, amicable agreement; the Parties agree and acknowledge
that each has acted fairly and in good faith as regards this
matter. Tae following terms and conditions represent the sole
covenants and understandings upon and by which the
above - referenced easement acquisition shall be performed:
1. City shall pay any and all costs related to the
transfer of the easement interest in the property, including, but
not limited to, recording fees, transfer fees, taxes, stamps and
similar expenses and all title company and title insurance costs
and fees and all escrow costs and fees.
LAW
M H Y- a- Y z f'1 l H 1 _ •J r 1. ry r 1-1. .. - r_ _. . _ I I, v
2. City shall cause to be paid to Bauer the sum of
Two Thousand Three Hundred Twenty -eight Dollars and ninety -nine
Cents ($2,328.99). Said sum represents a prorata reimbursement
the real property taxes paid by Bauer for the real property
affected by the document entitled "Rancho Cucamonga High school
Off -Site Improvement .Agreement11; Recorded as Instrument pro,
88- 02F597, San Bernardino County Recorders Office, said sum
represents reimbursement for the tax years 198? -1988 through and
inclusive of 1991 -1992. Such payment shall be delivered in
conformance with paragraph 16A hereunder.
3. city shall cause to he paid to Bauer the sum of
One Thousand Five Hundred Fifty -seven Dollars and Fifty Cents
157,557.`0). Said sum represents tha assessment of .89 acres of
the Bauer property (Described an Exhibit "1" hereto) at the full
sum. of Three Hundred Fifty Dollars ($350,00) par acre pursuant to
Community Facilities District 84 -1 (Day Creek Drainage). The per
acre assessment has remained constant from the 1984 date of
District formation. Such .89 acres represents the prorata portion
of the Bauer Parcel effected by the recorded document described
in oaragreph 2 above for the time period described. in paragraph 2
above. such payment shall be delivered in conformance with
paragraph 16a hereunder.
4. City shall cause to be paid to Bauer the sum of
$1,600.00 for costs of professional services, including
nempounded interest thereupon, incurred by Bauer in furtherance
Of related real property conveyances. Further, City shall use its
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best efforts, exclusive of litigation or payment of monies, to
cause the Chaffey Joint Union High school District ( "District ")
to reimburse Bauer for costs related to the "closing" of the
conveyance whereby Bauer conveyed real property to District, with
such real property to be utilized in and as a component part of
the real property to be utilized for the construction of a
certain high school located immediately south of the subject
Bauer parcel.
5. City egress to cause to be installed, at no cost
to Bauer, a six (6) foot high galvanized chain -link fence upon a
certain portion of the Bauer Parcel. Said fence shall be
generally located on the southern property line. The fence
located on the southerly property line shall interconnect with a
six (6) foot high galvanized chain .link fence located on the
southerly property line of the adjacent Nick Devito, Inc.,
parcel. Further, City shall cause to be installed on said fence,
at Bauer's direction, signs stating "no trespassing" and which
signs shall be provided at Sauer's sole cost and expense at the
time such fencing is installed. If such signs are not provided
at the time of installation of the fence, Bauer shall be deemed
to have waived this installation requirement. The maintenance of
said fence and signs shall be at Bauer's sole cost and expense.
6. City at its sole cost shall provide Bauer with a
certificate of compliance, and shall cause the same to be
recorded, all as pUreuant to California Government Code Section
66499.35(a). All costs related to the preparation and recordation
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of the certificate of compliance shall be the sole responsibility
of City pursuant to paragraph 1 hereinabove.
7. city agrees to arrange, at Bauer's sole
convenience, two meetings between Bauer and the City Planner of
City for the express purpose of analyzing and assessing the plan
for land use applicable to the Bauer Parcel and the property
generally surrounding the same. City shall make all good faith
efforts to respond to advising and informing Bauer as to any and
all land use issues which Bauer may desire to investigate at such
meetings.
B. City agrees to cooperate in good faith with Bauer
to cause any development application for the Bauer parcel, or any
portion thereof, to be processed in an easy and reasonable manner
pursuant to the Codes and procedures employed by City.
91 City agrees that at the time of development of the
Bauer parcel, City shall credit the development proposal with
land area conveyed by this Agreement as if the same were being
dedicated to City at such time of development. if Bauer seeks to
develop the Bauer parcel, City shall seek no further dedication
of land from the Bauer parcel for Lark Drive purposes. City
represents that its uniformly applied development process defines
net developable acreage as that which remains after regularly
required dedications are deducted from the entirety of the parcel
to be developed and thus the conveyance from Bauer to City will
Pot create any diminishment in net developable parcel area.
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10. city agrees that Lark Drive shall be constructed
in conformance with the improvement plans presently on file in
the Engineering Division of the City of Rancho Cucamonga.
Further, City agrees that the prohibition of vehicle parking on
the north half of Lark Drive, adjacent to the Bauer parcel and to
the DeVito parcel would be in the best interests of the Parties.
City agrees that it shall install, concurrent with the street
improvements, signs prohibiting parking along such right -of -way
until such time as further development occurs. Further, City
Shall notify District that no parking is permitted along such
right -of -way and request District to inform all students and
invitees that no parking is permitted on or adjacent to such
right -of -way. Said prohibition shall cover the entire length of
said right -of -way from its presently existing westerly terminus
to Rochester Avenue. In the event that prior to further
development Bauer desires to cause parking to be permitted
adjacent to Bauer's parcel on Lark Drive, City shall employ its
best efforts, exclusive of litigation or payment of monies to any
person or entity, to Cause such parking to be permitted provided
such permission does not cause City to violate or breach any
regulation, policy, standard or agreement which is determined
related or applicable to such request.
11. City shall provide Bauer with a letter which
clearly states that the subject area to be conveyed has been done
so under the "threat of condemnation ". The form of such letter is
attached hereto as Exhibit "211.
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12. City agrees that the Bauer parcel shall have the
full and unobstructed right to utilize Lark Drive for permanent
ingress and egress purposes at such time as the Bauer parcel, or
any portion thereof is devaloped, subject to the standard design
and safety standards uniformly applied by Ci.ty.
13. City agrees that it shall promptly undertake any
actions necessary to cause the rescission of the agreement
described in Paragraph 2 herein as the Rancho Cucamonga High
School off -site Improvement Agreement, and further hereby
indemnifies, agrees to defend and hold harmless Bauer from any
demand for reimbursement and any and all costs, fees, attorneys
fees, awards, judgments, settlements or other similar matters
which may arise, directly or indirectly from the provisions of
said agreement. City shall cause the recordation of any
instrument necessary to supersede and nullify the referenced
agreement referenced hareinabove.
14. City has designated, in conformance with uniform
City practice, Lark Drive as a component of the City "backbone"
circulation system. Said designation provides that the Party
causing the development of a "local" street is able to obtain
partial compensation from City for the construction of the
roadway segment eleven (11) feet on either side of the street
centerline. The approved construction plans for the project
contemplated under this Agreement will, generally stated, result
in the construction of approximately two - thirds (2/3) of the
ultimately developed roadway and related right -of -way. At the
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time of the development of the Bauer parcel, the developer
thereof will be responsible for the development of the remaining
approximte one -third (1/3) of the roadway and northerly
right -of -way not improved at present and as further discussed
hereafter. At the time of development of the Bauer parcel, the
developer shall to required to complete the northerly undeveloped
portion of the Lark Drive roadway and right -of -way. Said
developer shall be able to gain reimbursement for the two (2)
foot wide segment of Lark Drive which will extend the nine (9)
foot wide segment of Lark Drive to be presently constructed. Said
monies for reimbursement are derived from a City -wide
"transportation fee" which is assessed in conjunction with every
development application. Such collected monies are utilized to
cause the general public to contribute its fair share to the
development of City circulation systems utilized by the general
public.
15. City represents that the following utilities are
to be available to serve the Bauer parcel and to the best of its
knowledge are with sufficient capacity to satisfy the range of
development permitted by the present Low- Medium zoning
designation as described on Exhibit "3" hereto.
16. City agrees to conolusively establish the fair
market value, and to cause the same to be promptly delivered to
Bauer pursuant to the following process:
A. within five business days from the execution
Of this Agreement by the Parties, City will deliver to Eauer one
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or more warrants, not to exceed four, totalling the full sum of
One Hundred Twenty -four Thousand Two Hundard Dollars
($126,200.00) with the sum of each warrant being provided by
Bauer, to City. This sum represents the sum identified as
representing fair market value for the fee interest, including
therein the value of the development fee exemption previously
granted Bauer by District, in the portions of the Bauer parcel
sought to be acquired as easements for roadway and public utility
purposes by City. Said sum has been established by a certain
appraisal of real property prepared by the Parent Company and
dated August 20, 1991.
B. concurrently with the delivery to Bauer of
the monies referenced in paragraph 16A, the Parties agree that
Mr. Kevin Keslar shall be employed as a review appraiser for the
purpose of reviewing the appraisal to be prepared by Mr. John
Mawhinney. Mr. Kesler shall have thirty (30) calendar days to
determine, as a result of his review of Mr. Mawhinney's
appraisal, whether the appraisal has been performed and prepared
in a manner which comports with and is reasonably consistent with
professional appraisal standards. In the event Mr. Keslar
determines, in good faith, that the appraisal has been performed
and prepared in such professional manner, then the per square
foot value established in the Mawhinney appraisal shall be
accorded to Bauer as compensation for such conveyance. Such
determination shall be delivered to the Parties in writing by Mr.
Keeler. In the event Mr. Keslar determined that the Mawhinney
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appraisal has not been performed and prepared pursuant to
Professional appraisal standards, then such findings, and the
basis therefore, shall be provided in writing to both City and
Bauer. Bauer shell consent to City have a reasonable opportunity
to cure, including further explanation, or cause to be cured, any
defects identified by Mr. Keslar, If such identified defects are
cured, then the appraisal, as amended, shall serve as the basis
for the compensation awarded to Bauer, If such defects cannot be
cured then the Parties shall mutually select a qualified real
property appraiser for the purpose of employing such appraiser to
appraise and establish the fair market value of the portions of
the Bauer parcel described in Exhibit "1" hereto. City shall pay
the costs of said appraisal without contribution by Bauer. The
Parties will mutually select_ an alternate appraiser. The
alternate appraiser shall be selected as follows: Bauer shall,
within three business days of the reasonable determination that
the Mawhinney appraisal is not acceptable, submit to City the
names and addresses of five professional real property
appraisere. City shall have two (2) business days to review such
list and to eelect which appraiser is to be employed.
C. In the event that an alternate appraiser is
selected, the Parties shall promptly cause the selected appraiser
to initiate and complete such appraisal at the earliest date, The
Parties shall jointly meet with the selected appraiser and
provide said appraiser with information each deems relevant. Each
Party shall inform the other of the substance of any subsequent
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communication
to
the appraiser which
such Party causes
to occur.
D, The fair market value determined by such
alternate appraiser shall be final, binding and without further
review, whether by a Court or other entity, service, or body.
E. Payment /Reimburserent. City shall cause the
difference, if any, between the sum of One Hundred Twenty -four
Thousand Two Hundred Dollars ($124,200.00) referenced in
paragraph 16A and tha sum determined in the accepted appraisal to
be delivered to Bauer as follows:
on or before ten (10) business days have
elapsed from the date City receives Mr. Kesler's written
determination that the Mawhinney appraisal has been
properlyperformed, or from the date that any cure to the
Mawhinney appraisal has been accomplished, or from the date City
and Bauer receive the final appraisal prepared by the alternate
appraiser. City shall issue the difference, if any, in a single
warrant unless Bauer provides, in writing, instrusctions amending
the single warrant distribution of funds. If such instructions
are not received by City prioer to the receipt of the final
statement of valuation, as described in this subsection 16.E,
then city shall have ten (10) days to issue such multiple
warrants, commencing at the business day city receives such
instructions from Bauer.
F. Bauer desires certain information to be acted
upon or considered by the appraiser, including, but not limited
to, excluding consideration of the Premises I parcel valuation as
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identified in the Parent Company Appraisal, and. further, the
alternate appraiser is to provide responses in the appraisal
report to any issues raised by the Parties during the course of
the appraisal.
Notwithstanding the foregoing, the appraiser is
expressly and specifically not to consider nor incorporate the
value, if any, attributable to the exemption from payment of any
District development fees which Bauer has been exempted from by
District. Bauer has agreed to forego recommandirg such exemptions
value be included in the value of the easement City presently
seeks herein this Agreement. City acknowledges that Bauer
represents that if Bauer had required that the value of such
exemption be included in the valuation of the easement sought,
such value would have been determined the following formula:
1. Square footage of homes in the immediate
market area - Victoria Highland Vineyards: range 1829 to 2619
square fast, average 2192 square feet.
2. The maximum allowable space for living
building area (lots) as per the current zoning designation - 8
lots.
3. Present value of fees (Chaffey High
School District only) - guide is $0.48 per square foot as of
August 20, 1991.
17. City shall use its best efforts, exclusive of
litigation, to cause Distract and its general contractor and
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subcontractors to cause the accomplishment of any and all soil
importing, grading, seeding and irrigation to which the Bauer
Parcel is due pursuant to the agreement alleged to exist between
Bauer and Charles Engineering, a subcontractor employed by the
general contractor, C.E. Wylie Construction Co., employed by
District to construct the new high school on a parcel adjacent to
the Bauer Parcel. City shall inform Bauer of its actions in
furtherance of this paragraph.
18. Bauer agrees hereby to grant to City by easement
deeds, the property described in Exhibit "1" not later than May
ia, 1992. The easement dead shall be in the form attached hereto
as Exhibit "s '.
19. The persons executing this Easement Acquisition
Agreement hereby represent and warrant that they are fully
authorized and empowered to so execute on behalf of themselves
anal /or the respective entities they represent and bind such
entities to the terms of this Agreement.
20. This Easement Acquisition Agreement is binding on
and for the benefit of those Parties hereto and their respective
heirs, executors, conservators, administrators and successors. .
21. Bauer represents that Bauer is authorized and
empowered to represent and bind (a) the Charles w. Bauer Trust
and (b) the Marcella Bauer Trust and any and all co- trustees of
either respective trust to the terms of this Agreement. Bauer
agrees to indemnify City for and against any and all costs, fees,
charges, payments, attorneys' fees or other costs which arise as
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a result of any breach or failure of this representation.
22. Time is expressly made of the essence of each and
every provision of this agreement. Time is of the essence to all
the terns, conditions, undertakings and provisions herein
contained,
23. The Parties agree to act in utmost good faith and
to spend time and money together with their best efforts and
judgment all for the purpose of completing this transaction and
closing this transaction on time and in a timely manner.
The Parties to this agreement agree to cooperate by
performing any further acts and by executing and delivering any
and all additional documents which may be reasonably necessary to
carry out the terms and provisions of this agreerent, and the
Parties to this agreement agree that they will not act in any
manner whatsoever which would hinder, impede, interfere or
prohibit or make more onerous or difficult the performance of the
other Party hereto under this agreement.
24. This agreement shall be construed and interpreted
in accordance with the laws of the State of California.
25. No amendment to this agreement shall be effective
unless In writing and executed by all of the Parties hereto.
This agreement can be modified only by agreement in writing
signed by all. of the Parties hereto.
26. The terms and provisions of this agreement shall
not cause the Parties hereto to be construed in any manner
whatsoever as partners, joint venturers or agents of each other
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in the performance of their respective duties and obligations
under this agreement, or subject any Party to this agreement to
any obligation, loss, charge or expense of the other Party to
this agreement.
27. The Parties agree that city is acquiring the
subject property (properties) "as is ", without Bauer making or
having made any warranties or representations of any kind or
nature whatsoever, expressed or implied, and as a result of
City's own independent research, investigation and inspection of
the subject property.
28. Any and all notices, requests or other
communications required or permitted to be given under this
agreement or by reason of this agreement_ shall be in writing and
shall be deemed to have been given when delivered in person or
five (5) business days after mailing, by certified or registered
rail, return receipt requested, to the Parties at the following
addresses or any such other address or addresses as the Parties
may, from time to time, designate in writing in the manner herein
specified:
CITY: City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, California 91729
Attention: City Engineer
BAUER ✓E due
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29. This agreement shall be binding upon and inure to
the heirs, legatees, devisees, executors, administrators, assigns
and successors in interest of the respective Parties hereto. The
provisions of this agreement shall insure to the benefit of and
be binding upon the Parties hereto and their respective
successors and assignees. This agreement shall inure to the
benefit of the Parties and their successors and assignees of all
or any portion of the subject property.
30. This agreement contains the entire agreement
between the Parties and neither Party relies upon any promise,
covenant, term, condition, warranty or representation not
expressly contained in this agreement. The Parties acknowledge
that this agreement is the final and complete agreement between
the Parties and that this agreement cancels and supersedes any
and all prior agreements. The Parties acknowledge that there are
no ether agreements written or oral, this being the only
agreement between the Parties. The Parties agree that there are
no promises, covenants, terms, conditions, representations or
warranties between them, qr between them and/or Bauer, which are
not specifically or expressly set forth in this agreement.
31. In the event either Party brings any action at law
or in equity in relation to this agreement, or to declare such
Party's rights under this agreement, the prevailing Party in such
suit or action, on trial or appeal, in addition to all other sums
to which it may be entitled, may call upon the non - prevailing
Party to pay a reasonable sum for its attorneys' fees and to pay
l0 �
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any and all other costs and expenses that have been incurred by
the prevailing Party, either directly or indirectly, in
connection with said action or suit, as shall be fixed by the
court. The Parties agree that if any legal action (in law or in
equity) be instituted on this agreement to enforce same or to
interpret same, the Party to be found to be the defaulting Party
thereunder shall pay to the Party found to be the non - defaulting
Party thereunder ouch sums as tha Court may fix as reasonable
attorney's fees and Court costs and the same shall be in addition
to any other sums awarded by the Court to such non - defaulting
Party.
32. If any sum or sums due from City hereunder Shall
not be received by Bauer when due hereunder then City shall pay
to Bauer in addition thereto a late charge equal to ton percent
(log) of any such overdue amount or amounts and the same shall be
in addition to any other rights or remedies Bauer may have or may
exercise hereunder on account thereof.
33. No remedy or election hereunder shall be deemed to
be exclusive but shall, wherever possible, be cumulative with all
other remedies at law or in equity.
34. IN WITNESS WHEREOF, the Parties hereto have caused
this Agreement to be executed on the date indicated below
Opposite the name of said Party.
Dated: , 1991 CITY OF RANCHO CUCAMONGA
By:
(o'L Dennis stout, Mayor
we-
I1 ID YI 1 • O 1 -, ,- , I r..1 .v. ti Y I, - I' r . c v
Dated: .� //. 9Z 1992 JANET G. BAUER, Trustee,
Charles Bauer Trust
Dated: 9�L 1992 JANET G. BAUER, Trustee,
Marcella Bauer Trust
State of _
county 0f
On —r- 9e2 - -_ before me,�rC'!C!g
L- YY
114E',E Or OFCiCr n E G'J NE Ol YOrePI`yf1V
personally appearetl _— �.LHN� -L— Z4,I
W NE 51 11 1111 E. S
❑ personally known to me - OR - roved to me on the basis of satisfactory evidence
to be the persontsi. whose namew Is'sFe
subscribed to the within instrument and ac-
knowledged to me that 6telsheiNroyexecuted
44M EAL the Same In hm /her /tBetr authorized
ORRZON capaccty(A ). and that by Ts,henJpeir
CINI 5lgnalureklB on the instrument the perso RQ61,
COUNTY 1. VV2 orthe entity upon behalf of which the persomW
acted, executed the Instrument.
Witness my hand and official seal.
�3
CAPACITY CLAIMED BY SIGNER
❑ INDNIDUAUSI
❑ CORPORATE_
OFFICERtS(- v____.__
'7, E,$
PARTNER(S)
C1 ATTORNEKIN -FACT
TRUSTEEI(sL
❑ SUBSCRIBING WITNESS
Lj GUARDIAN CONSERVATOR
❑ OTHER'
SIGNER IS REPRESENTING:
IeYE 00 -F, PSON'S, Ou ENiwllE S,
ATTENTION NOTARY AI ^oNCY'', "I,,'V o, o,jpsfM 0.,OM5 OPTIONAL Imum„lo +ent heudutPnt Tnemmwt of l"u L1,11 7 1 aeinonzeo,IPCUmeP'
THIS CERTIFICATE Title or Type of Document:# _-{-._L A,y
?i BE ATTACHED
TO THE DOCUMENT Number Of Pages _ � Date of current
DESCRIBED AT RIGHT Signer(s) Other Than Named Above
I
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THE CHARLES W. BAUER TRUST
THIS DECLARATION OF TRUST, referred to as the CHARLES W. BAUER TRUST, is
created by CHARLES W. BAUER of Los Angeles County, Ca "fornia.
he dec'ares that he has transferred to his daughter, JANET BAYL 9AUEK,
as Trustee, the property described in the inventory attached hereto and
marked Exhibit "A," to constitute, together with any other property which may
become subject to this Declaration of Trust, the Trust Estate of an express
revocable Trust which is to be held_, administered and distributed by the
Trustee as provided herein.
The term "Truster" as used hereir shall refer to CHARLES W. BAUER.
The term "'rustee" as used herein wil l refer to JANET GAYE BAUER. The
term "Trustee" shall also include any Successor Trustee or Cu- Trustee(s) or
surviving Co- Trustee.
The term "beneficiary" as used 'herein shall refer to CHARLES W. BAUER
during his lifetime.
ACCEPTANCE OF TRUST BY TRUSTEE
The Trustor hereby conveys and transfers or will transfer to the
Trustee, without consideration, and the Trustee hereby accepts ail property
transferred to the Trustee on behalf of this Trust.
All property so received, together with any rents, issues or profits
thereof, shall be collectively referred to as the "Trust Estate."
The Trustee accepts such title to the Trust Estate as is conveyed or
transferred to it hereunder, without liability or responsibility for the
conditions or validity of such title. The Trust Estate has been or will be
conveyed or transferred to the Trustee, in trust, with power of sale, for the
Trust uses and purposes set forth herein.
valuation provision of the internal Revenue Code.
Nothing in this instrument shall be construed as limiting any
teneficiary from disclaiming his interest in the Trust Estate or the proceeds
therefrom,
3 If any beneficiary of any Trust created herein in any manner, directly
er indirectly, contests or attacks this Trust or any Will of a deceased
Trustor or any Inter Vivos Trust created by the Truster or any of these
,, dispositive provisions, any share or interest in the Trust Estate given to
9�'� that contesting beneficiary under this Trust is revoked and sha11 be disposed
of in the same manner provided herein as if that contesting beneficiary had
"i predeceased any deceased Truster.
121,11 The headings in this document are inserted for convenience of reference
13 �!� and not to be considered in the construction of the provisions hereof.
14 1,1 As used in this Declaration of Trust, the masculine, feminine or neuter
is gender, and the singular or plural number, shall each be deemed to include
i6 i the other whenever the context so indicates.
1i Should any provision of this Declaration be or become inva`id or
15 iI unenforceable, the remaining provisions of this Declaration shall be and
1911, continue to be fully effective.
2ol This Declaration of Trust and the validity of, construction of and all
2! rights under the Trusts provided for in this Declaration shall be governed by
22 'ICI the laws of the State of California,
23
24 CERTIFICATION BY TRIISTOR
2311 1 certify that:
26 1,11 I. I have read the foregoing Declaration of Trust for the
211! CHARLES W, SAUER TRUST;
2p! 'l. the foregoing Declaration of Trust correctly stntes the
l9
-� FILE OOF
. -04M
SETTLCR amends the MARCELLA BAMM TRUST established
May 19, 1987 as set forth in this Amendment No. Two (2).
1
I, the Settlor, resign as sole TruStee of this MARCELLA
BAUER TRUST, and I appoint MARCELLA P. BAUER and JANET BAUER, my
daughter, to act as Co- Trustees of this MARCELLA BAUER TRUST. If
one of MARCELLA and JANET does not serve, the one of them who
does serve shall serve as sole Trustee.
By signing this Agreement, MARCELLA F. BAUER and JANET BAUER
agree to serve as Co- Trustees, effective immediately-
Trustee includes CO- Trustees.
U
I add the following Section ".
3,5 GIFTS FRO M LIVING 29TTIgR
Regardless of any other proviaionn in this document, at
any time or times while Settlor is living and makes a gift
from the assets in this Trust, the Trustee must follow this
procedure:
(a) The Trustee suet withdraw from Settler's
assets in this Trust the assets which comprise that gift;
(b) Deliver those assets to that then living
settlor; and
(c) That then living settlor shall personally make
that gift.
(0W
PACE 1 - AMENDMENT NO. TWO (2) TO MARCELLA EAUCR TRUST
- ! ACNNOWLEDMENT
21
3' State of California )
ss.
4I', County of Los Angeles
6 ill On this 11th day of December 1984, before me, the under-
7 signed, a Notary Publ is for the State of Cal ifornia, personal ly
appeared JANET GAYE BARER who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that she executed
11 I the same.
12
rotary u u or a State of a ornia
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�B1
I revoke Section 7.1 and substitute the following
Section 7.1 in its place:
7_„1 REPLACING TRUSTEE $ECAUSE 4P_
11CAPACITY OR ILLNESS
Yleee�e?�l�!hL'37ix1�liY.1)
Subject to subsection 7.1.2, if an individual
Trustee is unable to serve because of incapacity or
illness, the Successor Trustee may, during that
inability, act as Trustee. Unless the Successor Trustea
acts maliciously, the Successor Trustee does not, as a
result of an action taken by the Successor Trustee under
this section, incur liability to any beneficiary of the
Trust or to the Trustee who is replaced.
When the replaced Trustee's inability to act ends,
then, the Successor Trustee shall stop acting as Trustee
and the Trustee who was replaced shall again act as
Trustee.
7.1.2 RFp,,ACEO TRIIgTEE jg A SETTLOR
But, regardless of anything also contained in this
documcnt, if a Successor Tr too replace an acting
Trustee who is also a Settlor of this Trust because of
incompetency, then, this subsection 7.1.2 is effective.
(A) If the Settlor Trustee who is replaced believes
that he or she is not incompetent and unable to serve,
then, that Settlor Trustee has the right to use trust
assets to fund a competency hearing with a court of
competent jurisdiction to determina whether or not that
Settlor Trustee is, in fact, incompetent, and the
Successor Trustee who replaced the Settlor Trustee must
provide trust assets to that Settlor Trustee for that
purpose.
(B) If the Settlor Trustee who is replaced believes
that he or she is not incompetent and refuses to allow
the Successor Trustee to act but does not follor the
procedures in paragraph (A) of this subsection 7.1.2,
then, the Successor Trustee who replaces the Settlor
Trustee has the right to use trust assets to fund a
competency hearing with a court of competent jurisdiction
to determine whether or not that Settlor Trustee is, in
ract, incompetent, and the Settlor Trustee who is the
subject of that competency hearing must allow the
Successor Trustee to use trust assets for that purpose.
Lo �
PAGE 2 - AMENDMENT NO. TWO (2) TO MARCELLA BAUER TRUST
SIGNATURES
The 7 Settlo_r and -ne Trustee sign this Amendment ";o
(2) on _/'�R'.Q(,{i 1 i97i at Los Angeles; California.
SETTLOR: ^L✓I
TRUSS'
•1,r
116�11(zk �Ile
MARCELLA F. BAUER
STATE OF CALIFORNIA )
SS.
COUNTY OF LOS ANGELES )
Two
on 4 92- before , the undersigned,
1I
a Not.ry .'ubc or the he state of rr.ia, personally appeared
NARCE 7.2 P. BAUER, proved to me c •t.n� oasis of satisfactory
evide .ca cr personally known to n: �) ,Y the parson whose name
IS su,oscribed to this instrument, r knowledged that Rho
execu'.ES it as Settlor.
IN WCTNESS WHEREOF, I have ` , i.et my hand and affizrd
MY otf :cia -. seal the day and ver, o a written.
.
Rot rY _tr '
"tha State of (`P1.IOrnis
; ]993
9CEEXP.—].j
l D 1
1
2
3
4
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R
5
10
11
12
13
14
13
Is
17
1s
19
20
21
33
23
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25
28
27
28
1
State of California
County of Los Angeles
LXEI$ 1
ss.
On this 17th day of December , 1984, before me, the under-
signed, a Notary Public for the State of California, personally
appeared CHARLES W. BASER who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that ho executed
the same.
./ Y A. k>�_
Notary Pub I IC for t e S ate o a form a
M{IVIN I KREGBR
Nor.w. ftw. .,...nan.aa
lip ws"GfiuncoN
W fw�r+oa Em nn I. IN!
STINNIINI ,MMMINNIMNNNINIryNINNIN1141NIN{
-70
W
terns and conditions under which the CHARLES W. BAUER *RUST is to
'e be held, managed, duninistered and disposed of; and
3. 1 approve such Declarat'on of Trust in a'1 particulars.
EXECUTED on this 17th day o° December :984, at North Hollywood,
California.
r,
jl L;MAn KLtb I ' MAUE'it—
.o I
I'I
=1, CERTIFICATION BY TRUSTEE
= °' I certify that:
y�I
13i 1. I have read the foregoing Declaration of Trust for the
I
14 CHARLES W. BAUER TRUST; and
1511 2. As the Trustee named in this Declaration. I approve and
accept the Trusts provided for in this instrument.
.7j EXECUTED on this 12th day of December 1994, at North Hol lyrrood,
18 1 California.
20 III �, "i/ u - c��r -w✓
JANET GAYE BAUEF
21 I
I'.
22 �1
�3
2,1 'I
I
25
26 ill
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2]
n .L
EXHIBIT 1 -I
Legal Description
For
street N16h.q and Aal ated WrPosea
Lark cDrive
Dedicated to
The City of Rancho Nceaonga
Those pertlona of the Nestariy 1/1 of the Northwest 1/9 of
the Northeast 1 /9, Section 31, TIN, R6Nr San Bernardino Rase
Meridian, in the county of San Bernardino, state of
California, according to the United States Goverment
Township plat approved by the surveyor c raj dated
Naveaber 11, 1605, as shown an the Record of Survey recorded
in Book 17, Page 72, records in the office of the county
Recorder, of the County of San Bernardino, described as
follovo:
Parcel 1
The Southerly 52.Oo feet thereof.
Parcel 2
agSI1111ING at the Northeast corner of the above described
Parcel 1; T®ICe Westerly along the Northerly line of said
Parcel 1 a distance of 110.96 feet to 6 Point on a tangent
Curve cottcave Northerly having a radius of 170.00 feet;
TBCWC6 easterly alma said curve through a Central angle of
o9 degrees o9 minutes 07 scones an arc distance of 50.56
feet to a point on a reverse tangent curve concave Southerly
having a radius of 410.00 feet, a radial to said reverse
tangent curve through said point bears S as degrees 50
minutes 22 seconds e; T®ICe Easterly along said Curve
through a central angle 09 degrees 01 minutes 07 seooMa an
are distance of 60.06 feet to a point on a tangent line
drawn parallel to and 10.00 feet Northerly acoured at right
etglea of said Northerly line of said Parcel Ir THMICe
Easterly along said line a distance of 9.67 feat to a Point
on the Easterly line of said Nest 119, Mortheest 1/9,
Northeast 1 /1, Section 31, TIN, R6W; THENCE Southerly along
said easterly line a distance of 10.00 feat to the POINT OF
SWIMMING.
Approalrte Area
Pamal 1: 17,211.0 square fact, 0.10 acres
Parcel 2: 695.0 equate feet, o.o2 acres
]Z
W
31.
r�-
�I \I
(.L1,
—,NESiEPIT LINE OF xE %. SEC. ]I.IIM Riw IEj<S.CRLI SECE ]I` i 1'M w6 W 'I O
BT'
IPI SOB ` fa']R'E - IO.ao' 0
.-I. pHE LINE OF THE SOUTHERLY Jt 00' OF THE --------- - - - - -- a_
w/. xw �MEh. SEC. JI i Ix. Rcw
PARCE "2' e /^ �P0B
PARCEL "I / -� -�
LARKS DRIVE
/ /ry
SOUTHERLY LIRE OF THE w'GNw$NE'�, SEC. JI T Ix, R IN
DATA SCHEDULE
OR. 3TU.DO'
0w3 °0401 MAP TO ACCOMPANY
LEGAL DESCRIPTION
QB R. 0000
4. DR'ON'DT'
L. so U.-
I
Pi
X
A
n
E %HI BIT 1 -3
Legal Description
For
Street Rlghaay and Related Purpoeme
on
Lark Drive
Dedicated to
The City of Rancho Cucemotga
That portion of the Eeaterly 1/2 of the Mesterly 1/2 of the
Northeaat 1/4 of the Northeast 1/4 of Section 31, TIM, R6M,
San Bernardi" Ease and Meridian, in the county of San
Bernardino, States of California, according to the United
States Government Tovnahip plat approved by "a Surveyor
General dated November 11, 1085, ae shovn on the Record of
Survey recorded in Dook 47, Page 72, records in the office
of the Coonty Recorder of the County of San Bernardino,
described as Poll ova:
The Southerly 62.00 feet thereof.
Approkirmte steal
20,520.2 square finet
0.47 mares
�y
J
LINE Of THE ESA. W I% N* '/c N(4a SECTION ]I T IN.f E W.
LARK
• IMVPOVE]6NT5
ME]TEPLT LINE Of THE E"w,
w 4�AEYa ]EC. ]I i IN A EY.
DRIVE
SOUTHEPLI LINE OF THE V&W 0Afl'w SEC L. T IN A SW
MAP TO ACCOMPANY
LEGAL DESCRIPTION
i
m `
m
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m
ti
M H Y— 1 1— 9= M O N 9 a`9 J M g R K M A N 0 F. Illy,,,,.,
EXHIBIT 0'2"
Marcella Bauer Trust
Charles W. Bauer Trust
c/o Janet Bauer, Trustee
Re: City of Rancho Cucamonga Acquisition of
Right -of -way from Parcel No. 227 -011 -137
Acquisition Pursuant to Threat of Condemnation
Dear Ms. Bauer:
The City of Rancho Cucamonga has heretofore initiated
the necessary process to acquire certain portions of your real
property holdings located in the City of Rancho Cucamonga,
California. The real property sought is more specifically
described in the attachments hereto labeled Exhibit "1" which
depict the subject real property sought by the City of Rancho
Cucamonga.
The City has identified the subject real property as
integral to the safe and efficient circulation of traffic
within the City. The City has initiated and intended to
prosecute to its conclusion, an action in exercise of its
powers of eminent domain, as such is established in the Eminent
Domain Laws of the State of California (California Code of
Civil Procedure §§ 1230.010 et seq.). The city of Rancho
Cucamonga did not pursue commencement of such legal action
solely on the basis of your acceptance and execution of that
certain Easement Acquisition. Agreement by and between the Bauer
Trusts and the City of Rancho Cucamonga dated .
You are hereby authorized to utilize this letter to
demonstrate to any inquirer that the conveyance of the interest
in the real property described herein to the City of Rancho
Cucamonga was under the clear intent of the City to exercise
its eminent domain powers to acquire such real property.
Upa
P R C Z Y N S K I
with your written consent, the City of Rancho
Cucamonga will further represent its intent to any person to
whom you may direct such to be communicated.
WPC /nlc
eb1NMpCR1 L%PRhx
Very truly 'yours,
William P. Curley
Deputy City Attorney
City of Rancho Cucamonga
-1I
LA rte n T 3
H _ ,
A N n o C< <_; A o; +�
May 6, 1992
Janet Gaye Bauer, Trustee
7560 Cowan Avenue
Los Angeles, CA 90045
Subject: APN 227- 011 -12
Dear Ms. Bauer:
The following utilities are in place and to the best of our knowledge sized to
prov'de service to your property upon development. Service connection costs
are not covered. Utilities front the entire portion of your property in the
street indicated.
Water: 10" line on Lark Drive
8" line on Highland Avenue ,
30" line on Highland Avenue
Sewer: 8" line on Rochester Avenue
Gas: 6" line on Highland Avenue
Telephone: Cable on Highland Avenue
Television: Cable on Highland Avenue
Electricity: Overhead cable on Highland Avenue
Underground cable on Lark Drive & Rochester Avenue
Cordially,
COMMUNITY DEVELOPMENT DEPARTMENT
ENGINEERING DIIVIISSIION
William J.'-O'Neil
City Engineer
WJO:MO:sd
cc: William P. Curley III
td,ryr Dan... ,L Stout
.r,rn r +rte mm W am J Alexander
PIi:P. Cdv Ngnoaer
ro.
C:;u ^c'mgrnrn!;nonr.•Wdbnrn;
(bunc memC er 0Crr9to J 'Nr"jhl
(har4e5 J n'�yunl II
L�
11[COIIgXO II[OV[lffL [t
City of Rancho Cuamonp
WHEN n[MMD YYL To
City of Rancho Cucamonp
P.O. Box 801
Rancho Cucunonga, CA 91130
SPACE ABOVE THIS LINE PON R[COAOEAIS USE
EASEMENT
FOR A VALDAELE CONSIDERATION, receipt of which is hereby acknowledged,
.IAN-,T GAYE BALER, Trustee of the Charles W. Bauer Trust under Declaration of T ust dated
December 11, 1984, and MARCEIAA BAITER, Trustee of the Marcella Bauer Trust under
Declaration cf Trust dated May 18, 1981
L EA Y, 1617 .}
we
GRANT(S) to the City of Rancho Cucamonp, a Municipal Corporation, an EASEMENT for
Street, hi8huay and related purpose \.
in, over and upon that certain real prope"Y in the City of Rancho Cucamonga, C,unty of San Bcm[rdino, Sum of
C:alfornia, Dent, d AS Fo110.1;
BEE ATTACHED all IBITS
Dated
GENEML ACICNOWLEDBMENT
CAN., l On this lM =ary oT - 19_, Mlon me,
Ifss
coumraT
Ins un, uA,nell Nmarr public,,A.,uAlr &RI
I poaOMUr Anown m ma
C prorN to me p�IM UUnol uu\4clmy aTamv
IobelM pnment,wMac howled _ _fup¢rlbaa 1pl 1
WITH Instrument, hand and acknowledged m.T avrotaa 1.
WITNESS my nano ana clhotl ual
F x,; \ Blgnalp,a
THIS IS A GENERAL ACIINONLBBOENENT, PLEASE Ilit PROPER ACBNONLEOCMENT, I.E. EAATNENSHIP,
COAPOMYE. ETC.
19
CCTY OF RANCHO CCCAINIONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector II, -- r —
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR TRACT
13316, LOCATED ON THE NORTHEAST CORNER OF AHCHIBALD AVENUE
AND CARRARI STREET, SUBMITTED BY FRIEDMAN HOMES
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND /ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Tract 13316 were approved by
the City Council on May 30, 1990, in the following amounts:
Faithful Performance Bond: $4,215,000
Labor and Material Bond: $2,107,000
The developer, Friedman Homes, is requesting approval of a 12 -month
extension on said improvement agreement in order to secure construction
financing and to then commence construction. Copies of the Improvement
Agreement Extension are available in the City Clerk's Office.
Respectfully submitted,
William J. O'Neil
City Engineer
WJO:SMG:Sd
Attachments
D
Fwmmm Hows
Inspector
_ f.. P .chc Cucamonga
Sac ,1 ?3C
,pir_,i_n zif 7mpravement Agreement for Tract 13316
.,Icar Steve;
F- iedmnn Homes entered into an improvement Agreement with the City
.f Rancho ..,...amcnga
for Tract 13318 on May 30, 1990. Due to the
era rg stump and the lack of available construction
.., , �.a nave not been able to start construction on the
n „vcmen_.; 13315.
s hereby requestingg an extension be grantad for the
�
, ^cn. ^rt m � ASrcGmcri for Tract 13316 We do not anticipate
ction financing in the immediate future and request
C.-Cr.�ion for Tract 133!6.
. ....,_,....a'• info- mation required, please contact me at
1•n
T
f
`y�" 10007LAUREL • RANCHO CUCAMONOA, CALIFORNIA 91780 • 7EL;(714)987.1500 PAXI,(714)907.0 N ;y€
?ird
,7 P- �stdan',
Planning
1•n
T
f
`y�" 10007LAUREL • RANCHO CUCAMONOA, CALIFORNIA 91780 • 7EL;(714)987.1500 PAXI,(714)907.0 N ;y€
RESOLUTION NO. q 2- -1 I,' ..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR TRACT 13316
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on May 20, 1992, by Friedman Homes as developer, for the improvement
of public right -of -way adjacent to the real property specifically described
therein, and generally located on the northeast corner of Archibald Avenue and
Carrara Street; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Tract 13316; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
q
CI'rY OF RANCHO CCCAMONGA
STAFF REPORT
GATE: May 20, 1992
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: 'Ailliam J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector II.�
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP 9350,
LOCATED ON THE NORTHEAST CORNER OF BASE LINE ROAD AND MILLIKEN
AVENUE, SUBMITTED BY THE WILLIAM LYON COMPANY
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing the
Mayor and City Clerk to sign said agreement.
OACKBROUND /ANALYSIS
Improvement Agreement and Improvement Security to guarantee the construction
of the public Improvements for Parcel Map 9350 were approved by the City
Council on October 20, 1988, in the following amounts:
Interior Base Line
Streets Road Landscape
Faithful Performance Bond: $383,131 $616,155 $457,000
Labor and Material Bond: $192,566 $308,078 $228,500
The developer, The William Lyon Company, is requesting approval of a 12 -month
extension on said improvement agreement. The improvements cannot be fully
completed until such time that the Developer's merchant builders (3) complete
their individual tracts. At that time, the Developer can then proceed by
repairing damaged improvements, cap - paving the streets, and completing the
landscaping. The required Base Line Road median landscape is substantially
complete and is proceeding through the establishment period. Copies of the
Improvement Agreement Extension are available in the City Clerk's Office.
Respectfully submitted��
William J. O'Neil ' J
City Engineer
WJO:SMG:sd
Attachments
LYON jlNvII'T'I.am IYON -700, 4,zotl
y
AA MAN I'D SCa 1520, N OP I BEAC: . CA 7265 &7520 • (714) 833 -36GC • FAX (7 14) 47trB604
April 20, 1992
Mr. Steve Gilliland
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91729
Re: PM 9350 - Baseline Median Landscape
Improvement Agreement Extension
Dear Steve:
Transmitted herewith is the improvement agreement extension
executed in triplicate and notarized for above project. We are
requesting a 6 month extension to cover the landscape establishment
period set forth by the City.
If you have any questions or need additional information, please
contact me at (714) 476 -5220, Thank you for your time and cooperation.
Respectfully, Lori Brown
Purchasing
Inland Empire Division
1b:0045CRC
V Y
PFAL FS:A7E DFVELOPMENT
LYON %FXWJLLIAM LVON�a,W/ � y
-'P7 v0 ^: K, RVAfN, PO BOX 7520. NEWP(DRT BEACH. CA 42t58 -7520 • (71.) 833 -3600 • FFk (714) 47b8604
April 20, 1992
Mr. Steve Gilliland
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91729
Re: PM 9350 - Infrastructure
I :provement Agreement Extension
Dear Steve:
Transmitted herewith is the improvement agreement extension
executed in triplicate and notarized for above project. We are
requesting a 12 month extension due to a slowed housing market resulting
in partially improved lots by the merchant builders.
This delay in completion by the merchant builders has in turn
delayed us in completing our final lift of the infrastructure streets.
If you have any questions or need additional information, please
contact me at (714) 476 -5220. Thank you for your time and cooperation,
Respectfully,
Lori Blown
Purchasing
Inland Empire Division
lb:0044CRC
J
PEAL ESTATE DEVEI OPMENf
RESOLUTION NO. 1 — 16 �Z,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, .APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 9350
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on May 20, 1992, by The William Lyon Company as developer, for the
improvement of public right -of -way adjacent to the real property specifically
described therein, and generally located on the northeast corner of Base Line
Road and Milliken Avenue: and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Parcel Map 9350; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said improvement Agreement Extension.
NON, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
• 1
CITY OF RANCHO CUCANIONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
r-
l�
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector I
SUBJECT: APPROVAL OF IMPROVEMENT AGREEMENT EXTENSION FOR PARCEL MAP
11838, LOCATED ON THE NORTHWEST CORNER OF BASE LINE ROAD
AND VICTORIA PARK LANE, SUBMITTED BY THE WILLIAM LYON
COMPANY
It is recommended that the City Council adopt the attached resolution,
accepting the subject agreement extension and security and authorizing
the Mayor and City Clerk to sign said agreement.
BACKGROUND /ANALYSIS
Improvement Agreement and Improvement Security to guarantee the
construction of the public improvements for Parcel Map 11838 were
approved by the City Council on October 5, 1989, in the following
amounts:
Faithful Performance Bond: $608,000
Labor and Material Bond: $304,000
The developer, The William Lyon Company, is requesting approval of a
6 -month extension on said improvement agreement. While all improvements
are substantially complete, the landscape must go through the required
establishment period, at which time the improvements will be recommended
for acceptance. Copies of the Improvement Agreement Extension are
available in the City Clerk's Office.
Respectfully submitted,
William J. O'Neil ✓
City Engineer
WJO:SMG:sd
Attachment;
LYON '�7X 'ILLLAVI LVO-i'itm/ vr)
d ?RNAPJ.�O ;()X -520, .VFW PORT BEPCN, CA 92n8-7520 4) 833-3600 FAX (714) 4708604
April 20, 1992
Hr. Steve Gilliland
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91729
Re: PH 11838
Improvement Agreement Extension
Dear Steve:
Transmitted herewith is the improvement agreement extension
executed in triplicate and notarized for above project, We are
requesting a 6 month extension to cover the landscape establishment
period set forth by the City.
If you have any questions or need additional information, please
contact me at (714) 476 -5220. Thank you for your time and cooperation.
Respectfully,
Lori Brown
Purchasing
Inland Empire Division
Ib:0046CRC
REAL ESTATE DEVUOPMENI
RESOLUTION NO. q 2- I w3 ..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT
EXTENSION AND IMPROVEMENT SECURITY FOR PARCEL MAP 11838
WHEREAS, the City Council of the City of Rancho Cucamonga,
California, has for its consideration an Improvement Agreement Extension
executed on May 20, 1992, by The William Lyon Company as developer, for the
improvement of public right -of -way adjacent to the real property specifically
described therein, and generally located on the northwest corner of Base Line
Road and Victoria Park Lane; and
WHEREAS, the installation of such improvements, described in said
Improvement Agreement and subject to the terms thereof, is to be done in
conjunction with the development of said Parcel Map 11838; and
WHEREAS, said Improvement Agreement Extension is secured and
accompanied by good and sufficient Improvement Security, which is identified
in said Improvement Agreement Extension.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga,
California hereby resolves, that said Improvement Agreement Extension and said
Improvement Security be and the same are hereby approved and the Mayor is
hereby authorized to sign said Improvement Agreement Extension on behalf of
the City of Rancho Cucamonga, and the City Clerk to attest thereto.
am
CITY OF RANCHO Cl :CANIONGA
STAFF REPORT
r -,
DATE: May 20, 1992
TO: Mayor, and Members of the City Council
lack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspector --:
J
SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BONDS FOR TRACTS 13117 AND
13118, LOCATED ON THE EAST SIDE OF HAVEN AVENUE BETWEEN
LEMON AVENUE AND BANYAN STREET
RECOWNDATION
It is recommended that the City Council authorize the City Clerk to
release the Maintenance Guarantee Bonds.
The required one year maintenance period has ended and the street
improvements remain free from defects in materials and workmanship_
DEVELOPER: Paraaon Homes
P.O. Box 2153
Santa Monica, CA 90407 -2153
Release:
TR 13117 TR 13118
Maintenance Guarantee Bond (Street) 561,500 380,000
Respectfully submitted,
.6� -G)
William J. O'Neil -J
City Engineer
WJO:SMG:sd
(o
CITY OF RANCHO CUCAMONGA
STAFF REPORT
GATE: May 20, 1992
TO: Mayor, and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public Works Inspectgf�l
SUBJECT: RELEASE OF MAINTENANCE BOND FOR THE STORM DRAIN WITHIN
TRACT 13304, LOCATED ON THE NORTHWEST CORNER OF MOUNTAIN
VIEW DRIVE AND TERRA VISTA PARKWAY I
RECONMENOATION
It is recommended that the City Council authorize the City Clerk to
release the Maintenance Guarantee Bond.
The required one year maintenance period has ended and the storm drain
improvements remain free from defects in materials and workmanship.
Release:
DEVELOPER! Lewis Homes
1156 N. Mountain Avenue
Upland, CA 91786
Maintenance Guarantee Bond (Storm Drain) $61,615
Respectfully submitted
William J. O'Neil Lj
City Engineer
WJO:SMG:sd
CITY OF RANCHO CUCAAIONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor, and Membe,s of the City Council
Jack Lam, AICP, City Manager
FROM: 'William J. O'Neil, City Engineer
BY: Steve M. Gilliland, Public 'Works Inspector
SUBJECT: RELEASE OF MAINTENANCE GUARANTEE BOND FOR TRACT 13697,
LOCATED ON THE SOUTHWEST CORNER OF HAVEN AVENUE AND CARRARI
STREET
It is recommended that the City Council authorize the City Clerk to
release the Maintenance Guarantee Bond.
BACKGROUND /ANALYSIS
The required one year maintenance period has ended and the street
Improvements remain free from defects in materials and workmanship.
DEVELOPER: Daly Homes
41661 Enterprise Circle North, @227
Temecula, CA 92390
Release:
Maintenance Guarantee Bond (Street) $67,900
Respectfully submitt
'William J. O'Neil
City Engineer
WJO:SMG:sd
`12
U1 Y Oh HANCHO CGCA. %IONG.A
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: William J. O'Neil, City Engineer
BY: Willie Valbuena, Assistant Civil Engineer
SUBJECT: APPROVAL TO SET A PUBLIC. HEARING ON JUNE 17, 1992, TO HEAR
A REQUEST TO VACATE THE EXISTING ALLEY EXTENDING FROM RED
HILL COUNTRY CLUB DRIVE TO SAN BERNARDINO ROAD (LOCATED
SOUTH OF AND GENERALLY PARALLEL TO FOOTHILL BLVD.).
RECONMENDATION
It is recommended that the City Council adopt the attached resolution
setting the public hearing on June 17, 1992, to hear a request to vacate
the existing alley extending from Red Hill Country Club Drive to San
Bernardino Road (located south of and generally parallel to Foothill
81 vd.) . In addition, said resolution authorizes the City Clerk to cause
same resolution to be published 15 days prior to the public hearing.
The alley was dedicated in April 1937, per Tract Map 2521 prior to the
City's incorporation. It is a 20 foot wide unimproved alley which
extends diagonally from Red Hill Country Club Drive and to San Bernardino
Road as shown on Exhibit "B ".
The owner of the Magic lamp Restaurant, Pat Vernola is requesting the
alley vacation. Mr. Vernola owns all of the properties bounded by
Foothill Boulevard, Red Hill Country Club Drive, San Bernardino Road and
the Vince's Spaghetti Restaurant property except for the liquor store at
the northwest corner of the block. The alley is not built to City
Standards and the diagonal portion is presently used as a part of the
Magic Lamp parking lot. The portion connecting to San Bernardino Road is
used to access the delivery dock for Vince's Restaurant and an existing
house located on the same property. The portion of the alley adjacent to
the liquor store is used for access to the rear of the store.
Portions of the alley will be reserved for ingress, egress and fire
access for the Liquor Store and Vince's Restaurant. In addition the
Magic Lamp will provide an easement to allow access from San Bernardino
Road to Foothill Boulevard for Vince's Restaurant as shown on
Exhibit 'C ".
93
CITY COUNCIL STAFF REPORT
VACATE AN ALLEY
May 20, 1992
Page 2
On November 13, 1991, the Planning Commission determined that the
proposed vacation conforms with the General Plan and recommended that the
vacation occur.
Respectfully submitted,
J,
William J. O'Neil
City Engineer
WJO:WV:jh
Attachment
RESOLUTION NO, q o-- 164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
DECLARING ITS INTENTION TO 'VACATE AN ALLEY EXTENDING FROM
RED HILL COUNTRY CLUB DRIVE TO SAN BERNARDINO ROAD
(LOCATED SOUTH OF AND GENERALLY PARALLEL TO FOOTHILL
BOULEVARD) APN: 207 - 113 -18 THROUGH 24
BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as
follows:
SECTION 1: That the City Council hereby elects to proceed under
Section 83bW, -et. seg., of the Streets and Highways Code, also known as the
Street Vacation Act of 1941.
SECTION 2: That the City Council hereby declares its intention to
vacate an`aTTey extending from Red Hill Country Club Drive to San Bernardino
Road (located south of and generally parrallel to Foothill Boulevard), a City
street (alley), as shown on Map No. V -058 on file to the Office of the City
Clerk, a legal description of which is attached hereto marked Exhibit "A" and
by reference made a part hereof.
SECTION 3: That the City Council hereby fixes Wednesday, the 17th
day of June TiT1r, at 7:00 p.m., in the City Council Chambers, located at 10500
Civic Center Drive, Rancho Cucamonga, California, as the time and place for
hearing all persons objecting to the proposed vacation for the purpose of its
determining whether said City street (alley) is necessary for present or
prospective street purposes.
SECTION 4: That the City Street Superintendent shall cause notices
to be poste --d-- conspicuously along the line of the street (alley) or part
thereof proposed to be vacated at least 14 days before the hearing, not more
than 300 feet apart and not less than three signs shall be posted, each of
which shall have a copy of this resolution on them and shall have the
fallowing title in lettering not less than one inch in height: "NOTICE OF
HEARING TO VACATE ALLEY ".
SECTION 5: The subject vacation shall be subject to the reservations
and except o- -ins, TT'any, for existing utilities on record and for ingress,
egress and fire access.
SECTION 6: The Mayor shall sign this Resolution and the City Clerk
shall atteTt to Te same, and the City Clerk shall cause same to be published
15 days before the date set for the hearing, at least once in Inland Valle
Daily Bulletin, a newspaper of general circulation published in the City 0
Tn—t-ar-f`o,-T-aTTTorn1a, and circulated in the City of Rancho Cucamonga,
California.
Cl 5'
91 - -0:
EXHIBIT "A"
LEGAL DESCRIPTION - ALLEY VACATION AND RESERVATIONS
`AT - CRT:ON OF 'LEY 20.00 FEET WIDE MEASURED AT RIGHT ANGLES AS SHOWN ON .MAP
TRACT NO, 2521 AS PER MAP RECORDED IN BOOK 36, PAGES 37 AND 38, OF MAPS, IN
:TY OF RA "IC;O CUCAMONGA, COUNTY OF SAN BERNAROINO, STATE OF CALIFORNIA,
C ESCR:BE'D AS FOLLOWS:
THAT PORTION 0, SAID ALLEY BOUNDED ON THE WEST BY THE EASTERLY LINE OF RED HILL
COUNTRY CLUB DRIVE. 50.00 FEET WIDE AS SHOWN ON SAID MAP OF SAID TRACT NO, 2521;
POUNDED ON THE NORTHEAST BY THE SOUTHWESTERLY LINES OF LOTS 17 THROUGH 25,
INCLUSIVE, OF SAID TRACT NO. 2521; BOUNDED ON THE EAST BY THE WESTERLY LINE OF
LOT 56 OF SAID TRACT NO. 2521; BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF SAN
BERNARDING ROAD: 60.00 FEET WIDE AS SHOWN ON SAID MAP OF SAID TRACT NO. 2521;
SOUNDED ON THE WEST BY THE EASTERLY LINE OF LOT 55 OF SAID TRACT NO. 2521; AND
SOUNDED ON THE SOUTHWEST BY THE NORTHEASTERLY LINES OF LOT 46 AND LOT 52 THROUGH
SAID LOT 55, iNCL'JSIVE, OF SAID TRACT NO. 2521.
RESERVING TO THE VAPIOUS UTILITY COMPANIES OPERATING IN THIS AREA THE RIGHT TO
ENTER SAID PROPERTY FOR THE MAINTENANCE OF THEIR RESPECTIVE FACILITIES.
=LSO, ,RESERVING FOR INGRESS AND EGRESS THAT PORTION OF SAID ALLEY 20.00 FEET WIDE
"EASURED AT RIGHT ANGLES MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EEG
INNING iNG AT THE SOUTHWEST CORNER OF LOT 56 OF SAID TRACT NO. 2521; SAIO POINT
rEREIN REFERRED 70 AS POINT "A "; SAID POINT ALSO BEING IN THE NORTHERLY LINE SAN
EERNARDI40 ROAD 60.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE N.89'47'17 "W. ALONG
SAID NORTHERLY LINE OF SAN BERNARDINO ROAD 20.00 FEET TO THE SOUTHEAST CORNER OF
LOT 55 Or SAID TRACT NO. 2521; THENCE N.0'12'28 "E. ALONG THE EASTERLY LINE OF
SAID LOT 55, 112.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 55; THENCE
11.59'25'30 "W. ALONG THE NORTHEASTERLY LINE OF SAID LOT 55, 8.22 FEET; THENCE
N.0'20'07 "W. 23.31 FEET TO THE SOUTHWESTERLY LINE OF LOT 18 OF SAID TRACT NO.
2521; THENCE 5.59'25'30 "E. ALONG SAID SOUTHWESTERLY LINE OF SAID LOT 18, 28.91
FEET TO THE MOST WESTERLY CORNER OF LOT 17 OF SAID TRACT NO. 2521; THENCE
CONTINUING 5.59'25'30 "E. ALONG THE SOUTHWESTERLY LINE OF SAID LOT 17; 2.15 FEET
TO THE MOST NORTHERLY CORNER OF SAID LOT 56; THENCE 5.0'12'28 "W. ALONG THE
'WESTERLY LINE OF SAID LOT 56, 123.44 FEET TO SAID SOUTHWEST CORNER OF LOT 56,
REFERRED HEREIN AS POINT "A ", AND POINT OF BEGINNING.
F':RTHEP - ESERVING FOR FIRE ACCESS THAT PORTION OF SAID ALLEY 20.00 FEET WIDE
!'EASU'RED AT P:GnT ANGLES MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 46 OF SAID TRACT NO. 2521; SAID
"POINT ;IEREIN REFERRED TO AS POINT "B "; SAID POINT ALSO BEING IN THE EASTERLY LINE
OF RED HILL COUNTRY CLUB DRIVE 50.00 FEET WIDE AS SHOWN ON SAID MAP; THENCE
N.0'12'26 "E. ALONG SAID EASTERLY LINE OF RED HILL COUNTRY CLUB DRIVE 23.18 FEET
70 THE SOU -HWEST CORNER OF LOT 25 OF SAID TRACT NO. 2521; THENCE 5.59'25'30 "E.
�ONG '�E SOUTHWESTERLY LINE OF LOTS 22 THROUGH 25 INCLUSIVE 222.60 FEET; THENCE
5.30'34'30 "W. 20.00 FEET TO THE NORTHEASTERLY LINE OF LOT 52 OF SAID TRACT 'JO.
2521; THENCE N.59'25'30 "W. ALONG SAID NORTHEASTERLY L;NE OF SAID LOT 52 AND SAIIT
LOT 46, 210.88 FEET TO SAID MOST NORTHERLY CORNER OF LOT 46, REFERRED TO AS POINT
"B" AND POINT OF BEGINNING.
.ATTACHED HERETO AND MADE A PART HEREOF IS A SKETCH ENTITLED EXHIBIT "B ".
S
SAN BERNARDINO ROAD
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CITY OF RANCHO CUCANIONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: ''William J. O'Neil, Citv Engineer
BY: Barbara Krall, Assistant Engineer
SUBJECT: ENVIRONMENTAL ASSESSMENT A11D TENTATIVE PARCEL MAP 13987 - LEWIS
Appeal o on i ons o pprova
requiring on
cstruction of offsite street improvements from
the site to Church Street and (2) construction of a portion of
the Master Planned Storm Drain System No. 5 from the site to
nay Creek Channel to create a 1.31 acre parcel in the Terra
Vista Planned Community at the southwest corner of Base Line
Road and Rochester Avenue - APN: 227 - 151 -17
RECOPWNDATION
Staff recommends the City Council adopt the attached resolution
reaffirming the adopted Terra Vista Community Policies and denying the
request to modify the conditions.
Parcel Map 13987 was continued at the January 8, 1992 Planning Commission
meeting to allow the developer time to appeal the Planning Commission
decision denying CUP 91 -20, the proposed development of a gas station,
mini market and car wash for the site. The City Council granted the
developer's appeal at the March 4, 1992 meeting. The Planning Commission
then approved the parcel map at the meeting of April 8, 1992. The
conditions being appealed were discussed by the Planning Commission.
These conditions are consistent with the Terra Vista Planned Community
Implementation Policies, which were adopted by the City Council.
Attached is a copy of the Planning Commission Minutes and the Terra Vista
Policies.
Special Condition No. 2 under Engineering Division requires that the
proiect construct the west half of Rochester Avenue from Base Line Road
to Church Street (the east half exists). This requirement is consistent
with the Terra Vista Planned Community Street Improvement Implementation
Policy, which was adopted by the City Council on September 6, 1989. The
CITY COUNCIL STAFF REPORT
TENT PM 13987 - LEWIS DEV CO
May 20, 1992
Page 2
apol icant asserts that the poi icy was intended for larger projects and
not a small gas station site. The record of the September 6, 1989 City
Ccuncil meeting does not reflect limiting improvement requirements teased
upon project size nor does staff recall discussing the issue during the
formulation and approval of the policy.
Special Condition No. 5 under Engineering Division requires storm drain
improvements extending from south of the project to Day Creek Channel.
However, the developer will be constructing the storm drain only to
Foothill Boulevard to meet the existing storm drain previously
constructed from Rochester Avenue to the Day Creek Channel (see Exhibit
As was the case for the Rochester Avenue off -site street
improvements, this requirement is also consistent with the adopted
Improvement Implementation Policy. The applicant feels this condition
should be eliminated entirely because the run -off from a parcel of this
size (1.31 acres) does not require this storm drain system to be built.
The requested modification to the above conditions are; construct
Rochester Avenue full width from Base Line Road to Ironwood, which is
approximately 700 feet in length, and; delete in its entirety the
requirement for storm drain improvements.
The applicant has stated he is willing to begin the work required by the
Implementation Policies within a two year period after the occupancy of
the Shell 011 station.
Our analysis indicates Rochester Avenue is an important part of the
City's circulation system. Within the next two years Rochester Avenue
will be completed from Base Line Road north to Banyan (see attached
sketch) . In addition, a Mello Roos Community Facilities District has
been approved for the construction of public improvements required for
the regional shopping center and surrounding properties which includes
the extension of Church Street from Etiwanda Avenue to Rochester
Avenue. Staff feels the construction of these public improvements
creates even a greater need for the widening of Rochester Avenue.
M
CITY COUNCIL STAFF REPORT
TENT PM 13987 - LEWIS DEV CO
May 20, 1992
Page 3
Staff also feels the storm drain needs to be constructed at the same time
as the street to avoid reconstructing a portion of the street at a later
date.
Respectfully submi tteN 71 7 /
Will lam J. O'Neil
City Ergineer
'dJO:BK:dlw
Attachment: Appeal Letter
Exhibit "A" - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Off -Site Improvements
Drainage Improvement Implementation Policy
Street Improvement Implementation Policy
Planning Commission Minutes From April 8, 1992
Resolution of Denial
id2
Lewis Development Co.
1156 Nonh Mountain Avenue/ P.O. Box 670 / Upiand, California 91785
714/9850971 FAX: 714yAXWa41 949 -6700
April 17, 1992
City of Rancho Cucamonga
10500 Civic Center Drive
P. O. Box 307
Rancho Cucamonga, CA 92730 -0807
Attn: City Clerk
Ref.: P.M. 13987, Res, 92 -62
Gentlemen:
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APR 17 1992 ; —•
RECEIVED
APR 211992
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Enclosed is our $126.00 fee to appeal certain of the conditions
attached to the April 8 Planning Commission approval of P.M.
13987.
Section 3, condition 2 of that resolution requires us to
construct Rochester Avenue full width from Base Line to Church,
following to the letter the 1987 Street Implementation. Policy.
That policy requires that "streets adjacent to projects shall
be constructed full width" and "shall be extended (full width)
off -site far enough to provide two means of access." Clearly,
there is no need to construct Rochester all the way south to
Church in order to satisfy those two requirements; however,
such construction is regcired of a project within "Area 6" per
the map attached as "Exhibit B" to the May 27, 1987, Staff
Retort. We can state with confidence that the 1987 Policy was
designed to mitigate the effects of building tracts of homes
and large commercial projects and, had we thought of it at the
time, would obviously not have required small parcels such as
this one, with only about a half acre in Area 6, to build a
half -mile of street and nearly a mile of storm drain.
As the Shell station is likely to generate very few if any new
trips up Rochester -- perhaps an occasional run to the
convenience store from the tract on the east side of Rochester -
-we see no reason to require such an obviously excessive amount
of improvement. That requirement may follow the letter of the
Policy, but is not in keeping with its spirit. We propose that
the condition be changed to read 11 ..construct Rochester Avenue
full width from Base Line Road to Ironwood, plus a 5:1
transition south of ironwood." This amount of construction
11) 3
City of Rancho Cucamonga
April 17, 1992
Page 2
y
would be more than sufficient to serve any newly - generated
traffic from the existing neighborhood, without being an
excessive burden on this one -acre parcel. Ironwood is nearly
700 feet south of Base Line, and the transition would extend
south another 180 feet, compared to the parcels Rochester
frontage of well under 30o feet.
Condition no. 5, which requires construction of TVCMP Storm
Drain lines 6 and 6 -1, should be deleted in its entirety from
this map, as a requirement to build a $400,000 storm drain is
a bit much for a one -acre site to bear. Unless the Flood of
Noah were to recur, it is hard to picture the additional runoff
from developing this acre filling such a system. Please recall
that we granted the City (as a favor) an easement on which to
grade a berm to protect the Sports Complex from Terra Vista
water; that facility will doubtless be found sufficient to
handle any additional runoff generated by this project. If
condition no. 2 is modified as discussed above, no. 5 may be
deleted without effect., as the storm drain line is not required
until some distance south of Ironwood.
As we have no other "Area 6" projects in Design Review, it
seems unlikely that there will be any new construction near
Rochester for at least a couple of years, and in these
difficult tines we'd hate to have to spend a huge amount on
infrastructure which won't really be needed for some time. On
the other hand, we can understand the City's desire to get as
much of its roads completed as soon as possible, and so would
offer to begin the work now required by the Res. 92 -62
conditions within two years of the Sheil occupancy, even if we
have no other project underway by then which would require
completion of that work, should the Council and staff have any
reservations about delaying Rochester beyond that point. We
have no objection to such a condition being added, if necessary
to make the City comfortable with the modifications we request.
Thank you very much for consideration of our appeal.
Sincerely,
LEWIS DEVELOPMENT CO.
Donald MI, Thonpaon
Authorized Agent
DMT:ksk
Enclosures
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CITY OF
RANCHO CUCAMONGA
ENGINEERING DIVISION
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REQUIRED STREET
IMPROVEMENTS -,
REQUIREDSTORM RAIN
IMPROVEMENT:,D 11
-------- - - -
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EXHIBIT "C"
CITY OF RANCHO CUCAMDWGA
TEPMA VISTA PLAN" CONN1ITY
ORIINAU DiROVEENT INPL(]FyTATION POLICY
Projects within the individual Development Areas shown on the nap below shall
construct the specific drainage facilities designated as follows:
AREA FACILITY
I Portions of Master Plan System 3 and 4 from the site to Deer
Creek Channel.
2 Portions of Master Plan System 1 and 2 from the site to Deer
Creek Channel.
3 Portions of Master Plan System 1, 2 and 5 from the site to Deer
Creek Channel including adequate retention facilities.
4 Same as Area 3, except no development approvals until park basin
sizing resolved.
5 Sane as Area 3.
6 Portions of Master Plan System 6 from the site to Day Creek
Channel. If prior to completion of Day Creek Channel Phase III,
provide one retention facility for the entire area.
7 Same as Area 6. Use Area 6 retention facility increased to
accomodate all of Area 7.
Note: I. All development shall provide protection from upstream
drainage.
2. Offsite street extensions may be exempt from this policy as
approved by the City Engineer.
LEGEND
Area Boundary
1 Area Number
1r r 2000'
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CITY OF RANCHO CUCAMONGA
TERRA VISTA PLAl0E9 comiTY
STREET IMPROVEMENT IMPLEMENTATION POLICY
Projects within Terra Yista shall be required to construct street improvements
as follows:
A. Streets adjacent to projects shall be constructed full width to include
curb on the opposite sides.
B. Streets shall be extended (full width) off -site far enough to provide two
means of access.
C. Projects within the individual Development Areas shown on the map below
shall construct the specific street segments designated as follows:
AREA STREET SEGMENT
1 Foothill - Haven to Spruce and Haven - Foothill to Town Center
2 Foothill - Haven to Milliken
3 Foothill - Haven to Rochester
4 Rochester - Foothill to Poplar
5 Rochester - Foothill to Church
6 Rochester - Church to Bass Line
7 Base Line - Milliken to Rochester
8 Base Line - Milliken to Mountain view
9 Same as adjacent arse depending upon where access is taken.
10 Milliken - Footh111 to Base Line
11 Spruce - Foothill to Elm
12 Most of this area is already conditioned or developed.
13 Haven - Church to Base Line
Note: Projects that cross area boundaries fat corners in particular)
shall construct all segments required for each affected area.
LEGEND
saaa� Area Boundary
1 Arta Number
1' • 2000'
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generally associated with trade groups, chambers of commerce, etc. He said
that in addition to their 200 inspectors in the field, they purchase busimsa
and trade group lists.
Chairman McNiel stated that they did not wish to hold up businesses, but
wanted to be sure we are in compliance. He thanked the SCAQMD for the
information.
D. ENVIRONMENTAL ASSESSMENT AND TENTATSVE PARCEL MAP 13987 - L°
DEVELOPMENT COMPANY - The creation of a single 1.31 acre parcel for the
development of a gas station, mini- market, and car wash in the Medium
Residential designation (8 -14 dwelling units per acre) of the Terra Vista
Planned Community, located at the southwest corner of Base Line Road and
Rochester Avenue - AIR: 227 - 151 -17. Staff recommends iesuaace of a
Negative Declaration. Related file: Conditional Use Permit 91 -20.
Barbara Rrall, Assistant Engineer, presented the staff report,
Commissioner Melchor remarked that when the matter had last been before the
Commission, it was his understanding that the requirements for off-sits street
improvements and storm drain improvements were based on policies developed by
City Council, and it was not within the purview of the Commission to change
these policies.
Bettye Hanson, Senior Civil Engineer, agreed it was not within the
Commission's purview to delete the requirements, but noted the Commissioners
were welcome to make recommendations to the City Council.
Chairman McNiel opened the public hearing.
Don Thompson, Lewis Development Company, P. o. Box 670, Upland, remarked that
the previous City Engineer had required adoption of this policy because Terra
'JLBta was being developed in a hop- scotch `ashion. He proposed that they
construct Rochester Avenue full width from Base Line Road south to Ironwood
instead of Church Street. He suggested that they would then complete the
construction south of Church in conjunction with an adjacent residential
project or within two years even if the residential project were not yet
built.
Commissioner Melchor asked if Mr. Thompson was requesting to delay storm drain
improvements an well as street improvements.
Mr. Thompson proposed that they install the storm drain improvements down to
Church Street when the street is constructed. He felt the development of the
service station parcel would not add significantly to the runoff in the area.
Commissioner Tolstoy noted that Ironwood only goes east from Rochester. He
asked if it is planned to go west.
Planning Commission Minutes e4.. April B, 1992
I I c)
Mr. Thompson replied that it will remain only as a link to the east.
r
Hearing to further testimony, Chairman Mc9 iel closed the public hearing.
commissioner Chitiea remarked that she as rat in favor of the project because
it is adjacent to residential development. She felt that if the Commission
approved the project, all improvements should be made up front.
Commissioner Melchor remarked that he had been with the developer at the time
the policies were originally adopted, and he thought he knew the reasons for
the adoption. He felt the conditions should be revised because he did not
feel they are within in the spirit of the policies.
Commissioner Vallette noted that she originally opposed the project as a
whole. She felt that the location on ease Line and Rochester will generate
additional traffic on Rochester necessitating the street improvements down to
Church. She also felt the storm drains should be constructed in light of the
experience during recent storms.
Commissioner Tolstoy agreed with Commissioner Chitiea that all improvements
should be made up front.
Chairman McNiel noted that he did not think a street should be narrowed mid-
block. He supported staff's position of requiring the improvement..
Motion: Moved by Melchor, seconded by Tolstoy, to issue a Negative
Declaration and adopt the resolution approving Tentative Parcel Map 13987.
Motion carried by the following vote:
AYES: COMMISSIONERS: MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: CHITIEA
ABSENT: COMMISSIONERS: NONE - carried
E. MODIFICATION TO CONDITIONAL USE PERMIT 91 -03 - JAMES PAGE - A request to
modify the hours of operation and to expand the permitted uses within an
existing 103,522 square foot indoor wholesale /retail commercial use
located within the General Industrial District (Subarea 11) of the
Industrial Area Specific Plan at 11530 Sixth Street - APN: 229- 262 -28.
Continued from March 25, 1992.)
Anna -Lisa Hernandez, Aasistant Planner, presented the staff report.
Commissioner Melchor asked if the additional uses would require individual
conditional use permits, so that each time one of the small businesses wanted
to locate there, it would have to appear before the Planning Commission,
Brad Buller, City Planner, replied as proposed they would not.
Planning Commission Minutes Rfu- April 8, 1992
RESOLUTION NO. q Z— I W
A RESOLUTION OF THE CITY COUNCIL nF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING A REQUEST TO MODIFY TWO
CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP 13987 TO
CREATE A 1.31 ACRE PARCEL IN THE TERRA VISTA PLANNED
COMMUNITY, LOCATED AT THE SOUTHWEST CORNER OF BASE LINE
ROAD AND ROCHESTER AVENUE - APN: 227- 151 -17.
A. Recitals.
(i) Lewis Development Company has filed an application for Tentative
Parcel Map 13987 as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Tentative Parcel Map request is referred to as
the "Application."
(ii) On December 17, 1991, the Planning Commission conducted a duly
noticed public hearing to receive written and oral testimony on the proposed
Application. Said public hearing was continued to January 8, 1992.
(iii) On January 8, 1992, the Planning Commission received additional
public testimony on said Application and continued said Application for an
indefinite time period.
(iv) On April 8, 1992, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the Application and,
following the conclusion of said public hearing, adopted Resolution No. 92 -62
thereby conditionally approving said Application.
(v) The decision represented by said Planning Commission Resolution
was timely appealed to this Council.
(vi) Said appeal is a request to modify the following conditions:
a. Acquire necessary right -of -way and construct
Rochester Avenue full width from Base Line Road
to Church Street. Off -site sidewalk and street
trees may be deferred until the development of
the adjacent properties. The developer may
request a reimbursement agreement to recover the
cost of constructing off -site street
improvements from future development as it
occurs; and
I i --
CITY COUNCIL RESOLUTION NO.
TWMT PM 13987 - LEWIS CEV CC
May 2, 1992
Page 2
h. Construct the portion of the Terra Vista
Community Master Planned Storm Drain System q6
(lines 6 and 6 -1) from this site to Day Creek
Channel. If the project is to be constructed
prior to the completion of the Day Creek
Channel, provide a retention facility to the
satisfaction of the City Engineer.
(vii) The modification being proposed is as follows:
a. Construct Rochester Avenue full width from Base Line Road to
Ironwood, plus a transition south of Ironwood.
b. Delete the requirement to construct the portion of the Terra
Vista Community Master Planned Storm Drain System from this
site to Day Creek Channel.
(viii) On May 20, 1992, the City Council of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the Application and
appeal and concluded said hearing on that date.
(ix) All legal prerequisites prior to the adoption of this Resolution
have occured.
8. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the City
Council of the City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that ail of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Council during the
above- referenced May 20, 1992 hearing, including written staff reports, the
minutes of the above - reference Planning Commission meeting, and the contents
of Planning Commission Resolution No. 92 -62, this Council hereby specifically
finds as follows:
(a) The Application applies to property located at the southwest
corner of Base Line Road and Rochester Avenue with a street frontage of 250
feet along Base Line Road and 174 feet along Rochester Avenue. The parcel is
presently vacant; and
(b) The oroperty to the north and east are zoned for and being
developed with single - family residences. The property to the south and west
are zoned for multi - family units and are vacant; and
(c) The Application creates a single parcel of 1.31 acres; and
113
CITY COUNCIL RESOLUTION NO.
TENT PM 13987 - LEWIS DEV CO
May 2, 1992
Page 3
(d) The requirements of the Planning Commission Resolution No. 92 -62
remain to be important and necessary to the development of the property.
3. Based upon the substantial evidence presented to this Council
during the above- referenced public hearing including written and oral staff
reports, this Council hereby finds and concludes as follows:
(a) That the appeal and request to modify conditions number 2 and 5
under Engineering Division Planning Commission Resolution No. 92 -62 be denied.
A. The City Clerk of the City of Rancho Cucamonga, is hereby directed
to: (a) certify to the adoption of this Resolution, and (b) forthwith
transmit a certified copy of this Resolution, by certified mail, return -
receipt requested, to Lewis Development Company at the address identified in
City records.
119
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: May 20, 1992
TO: Mayor and Members of the C_ty Council
Jack Lam, AICP, Citv Manaoir
FROM: Brad Buller, City Planner
BY: Beverly Nissen, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPEC'FIC P'AN
AMENDMENT 92 -02 - JACK MASI
A. A request to modify the local circulation pattern
within Subarea 7, along Rochester Avenue between
Foothill Boulevard and the Sports Park, to
accommodate a proposed industrial development at the
southwest corner of Foothill Boulevard and Rochester
Avenue - APN: 229- 011 -10, 19, 21, 26, 27, and 28.
B. A request to add an auto court use, consisting of
automotive services and related activities, as a
conditionally permitted use to Subarea 7 of the
Industrial Area Specific Plan.
17. A request tic expand the list of permitted and
conditionally permitted uses in Subarea 7 of the
Industrial Area Specific Plan to include certain
retail and service - related activities,
The Planning Commission recommends Issuance of a Negative
Declaration
RECOIWENDMXON
This is a three -part application. The Planning Commission recommends
approval of Parts A and B and denial of Part C.
BACKGROUND
This amendment to the Industrial Specific Plan is related to a proposed
27 -acre development project (CUP 91 -26) at the southwest corner of
Foothill Boulevard and Rochester Avenue. The amendment, cons.sts of
Parts "A," "B," and "C," all of which were reviewed by the Planning
Commission on March 11 and 25, 1992.
Part A is a request to modify the local. circulation pattern along
Rochester Avenue. The applinant has proposed that the access points be
shifted in a southerly direction. The Engineering staff is not opposed
to the applicant's request. The Planning Commission recommended
approval of Part. A of the amendment at the March 11 meeting.
CITY COUNCIL STAFF REPORT
?SPA 92 -02 - JACK MASI
May 20, 1992
Page 2
Part B rs a request to add an "Auto Court" use, consisting of automotive
services asd related activities as a conditionally permitted use in
Subarea 7 of the Industrial Area Specific Plan. The Planning Commission
reviewed this request at both the March 11 and 25, 1992, meetings (see
Exhibits "B" and "E "). The Commission felt that the proposed "Auto
Court" use was appropriate for Subarea 7, but that stringent design
guidelines should he required to ensure that any proposed projects would
be well integrated with surrounding development. The Commission also
recommended the deletion of heavy automotive repair, such as
transmission repair, engine rebuilding, and body work, in this area.
The Commission approved Part 9 of the application at the March 25, 1992,
meeting (see Exhibit
Part C is a request to expand the list of permitted and conditionally
permitted uses in Subarea 7 to include certain retail and service -
related activities. The applicant has proposed a wide variety of uses
including Specialty Building Supplies and Rome Improvement; office
Supplies, Furnishings, and Service; Auto Supplies; Medical and Hospital
Supply Stores and Medical and Drug Superstores; and Pet Stores, Pet
Care, and Recreational Supplies and Services. A detailed description of
each of the uses and a staff analysis regarding their appropriateness to
Subarea 7 is contained in the March 11 and 25, 1992, Planning Conmiission
Staff Reports (see Exhibits "A" and "D ").
The Commission was very concerned about the amount of additional retail
activity this would allow. The Commission confirmed the intent of
Subarea 7 which is to function as is transition area between the
industrial and employment areas to the south and the residential /retail
developments to the north. It was also noted that the current land use
plan for Foothill Boulevard recognizes that the community cannot support
retail /convnercial establishments along the entire r, 1/2 mile corridor
without a negative impact on the existing retail centers in the older
part c`. the community or already planned commercial centers elsewhere.
As a result, the Planning Commission recommended denial of Part "C" of
the application (see Exhibits "F" and "H ").
ENVIRONNKITAL ASSESSMENT
Staff has Found no significant impacts on the environment as a result of
proposed amendments A and R. The Planning Commission recommends
issuance of a Negative Declaration.
FACTS FOR FINDINGS
The proposed amendment, Parts A and B, is consistent with the Industrial
Area Specific Plan and the General Plan. Parts A and B will not be
detrimental to adjacent properties or cause significant adverse
environmental impacts.
p
CITY COtYNCiL STAFF REPORT
?SPA 92 -02 - .TACK MASI
May 20, 1992
Page
CORRESPONDENCE
This item has been advertised in the Inland Valley Daily Bulletin
newspaper as a public hearing.
Respectfully submitted,
Brad Buller
City planner
BB:SN /jfs
Attachments: Exhibit "A" - Staff Report dated March 11, 1992
Exhibit "B" - Planning Commission Minutes dated
March 11, 1992
Exhibit "C" - Resolution No. 92 -52
Exhibit '•D" - Staff Report dated March 25, 1992
Exhibit "E" - Planning Commission Minutes dated
March 25, 1992
Exhibit "F" - Staff Report dated April B, 1992
Exhibit "G" - Resolution No. 92 -54
Exhibit "H" - Resolution No. 92 -59
Ordinance of Approval for Parts A & B
Resolution of Denial for Part C
I ( I
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: March 11, 1992
TO: Chairman and Members of the Planning Commission J
FROM: Brad Buller, City Planner
BY: Beverly Nissan, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDU57RS i AREA SPECIFIC PLAN
AMENDMENT 92 -02 - JACK MASI
A. A request to modify the local circulation pattern within
Subarea 7, along Rochester Avenue between Foothill
Boulevard and the Sports Park, to accommodate a proposed
industrial development at the southwest corner of
Foothill Boulevard and Rochester Avenue - APN: 229 -011-
10, 19, 21, 26, 27, and 28.
B. A request to add an auto court use, consisting of
automotive service. and related activities, as a
conditionally permitted use to Subarea 7 of the
Industrial Area Specific Plan.
C. A request to expand the list of permitted and
conditionally permitted uses in Subarea 7 of the
Industrial Area Specific Plan to include certain retail
and service- related activities.
Staff recommends issuance of a Negative Declaration.
ABSTRACT: This application involves a three -part amendment to the
Industrial Area, Specific Plan (ISP). Part A is a proposal for a change
in the local circulation, Part B is a request for an "Auto Court" use,
and Part C is a requeat to allow certain retail activities in portions
of Subarea 7.
The amendments are related to a 27 -acre development project (Conditional
Use Permit 91 -24), proposed for the southwest corner of Foothill
Boulevard and Rochester Avenue. Approval of all three parts of this
amendment is required if the project is to be approved as currently
proposed.
Staff supports the approval of Parts A and a of this application, with
minor modification., as this is consistent with the intent of the ISP.
However, Part C, the addition of retail activities into this area, is a
matter of policy requiring specific direction by the Planning
Commission. Staff could support some, but not all, of the additional
retail uses as currently proposed.
This report reviews each of the three requests in separate sections - -A,
B, and C - -with separate Resolutions of Approval available for Items A
and B. Staff intends to prepare a resolution for Part C as directed by
the Commission.
PLANNING COMMISSIO, .TAFF REPORT
ISPA 92 -02 - JACK MASI
March 11, 1992
Page 2
A. CIRCULATION: Request to Modify the Local Circulation Element Within
Subarea 7 Along Rochester Avenue.
The applicant has requested access locations along Rochester Avenue
which conflict with the access points designated in the ISP, shown
as arrows south of Foothill Boulevard on Figure IV -9 of the ISP
;Exhibit "A ").
The designated access point locations along Rochester Avenue were
based on the Engineering Division's Street Design Policy, which
specifies 660 -foot intersection spacing on Secondary Arterials.
This coincides with property line spacing on the east side of
Rochester Avenue and promotes the development of a local industrial
street network with dedication shared equitably among the affected
property Owners (Exhibit "B ").
Normally, under the Engineering Division's Driveway Policy,
intermediate ..case would be allowed at 300 -foot intervals. A. the
applicant has pointed out, the right turn lane for the first
driveway south of Foothill Boulevard must be lengthened to
accommodate a bus bay. This will force several subsequent driveways
to be shifted southerly an well, off property lines. Shifting the
access points would allow the parcels on the east side to develop
independently with one driveway each. The two northernmost large
parcels have the same owner which could result in a single
development on the southeast corner of Foothill Boulevard and
Rochester Avenue with access being more or lane a "mirror image" of
the applicant's proposed project (CUP 91 -24) or. the southwest corner
(Exhibit "C ").
Engineering staff feels the proposed access point locations are
equivalent to those currently shown in the ISP and thus does not
object to the applicant's request. We recommend that the ISP'e
Circulation Element be amended by eliminating the arrows on Figure
IV -9 (Exhibit "A ") which allows the flexibility of the applicant's
request an well an other options if the applicant's plan does not
proceed.
B. "AUTO COURT" LAND USE: Request to Add an "Auto Court Use" an a
Conditionally Permitted Use in Subarea 7.
1. Background: The applicant is requesting the addition of an
"Auto Court" category as a conditionally permitted ties in
Subarea 7. The applicant has requested that the "Auto Court"
be specifically defined as follows:
a. The "Auto Court" must be anchored by a gas or service
station.
b. Maximum Size: 4 acres.
lI
PLANNING COMMISSIC STAFF REPORT
ZSPA 92 -02 - JACK. MASI
March 11, 1992
Page 3
c. Cannot extend or ^front" along a major or secondary
arterial more than 300 feet.
d. No access permitted directly off major arterial.
e. Garage doors and service areas must be screened from all
major and secondary arterials.
f. Permitted Uses; Gas stations; service stations;
automotive service and repair including mufflers, shocks,
alignments, brakes, oil change, lubrications, tune -ups,
smog checko, tire repair and replacement, transmissions,
and general auto repair; installation of air conditioning,
car phones, stereos, windshields and upholstery; and
windshield tinting and other related services. Also
general sale of auto parts.
g. Gas or service stations may have ancillary car washes and
food marts.
h. -Auto Courts" are not permitted in "Activity Zones." (See
the -Activity Zone" Concept section of this report.)
The applicant contends that the need for a separate "Auto
Court" category is the result of the current market trend
towards the elimination of the traditional "service station"
with auto repair capabilities. Traditional service stations
are currently defined as follows in the ISP:
Automotive Service Station: Activities typically include,
but are not limited to, the sale from the premises of
goods and the provision of service normally required in
the day -to -day operation of motor vehicles, including the
principal sale of petroleum products, the Incidental sale
of tires, batteries, replacement items, and lubricating
services, and the performance of minor repairs, such as
tune -up, tire change, and brake work. (Nate that this in
a conditionally permitted use in Subarea 7.)
The applicant hag indicated that they feel these types of
facilities are rarely built anymore and that the current trend
is toward more specialized auto uses such as separate lube and
tune, muffler, and tire shops.
2. Staff Coeasats: The uses which the applicant is proposing seem
generally appropriate and compatible with the uses currently
established within Subarea 7 (Industrial Park). In fact, the
following proposed uses are already included in the definition
of an Automotive Service Station:
" General sale of auto parts.
12 o
PLANNING COMMISSIC STAFF REPORT
ISPA 92 -02 - JACK MASI
March 11, 1992
Page 4
Service and repair of brakes, oil change, lubrication, and
tune -ups, and tire repair and replacements.
The more intensive uses requested include repair of muffler,
and shocks, wheel alignments, smog checks, and transmission
repairs. These types of uses would typically fall in the
category of Automotive and Light Truck Repair - Minor and
Major. Neither of these uses are permitted within Subarea 7.
The proposed uses, however, could be compatible with the
inclusion of the added design guidelines that the applicant has
proposed, such as screening of garage doors and service areas
from major and secondary arterial. and the prohibition of
access from major arterials. Staff would also recommend that
the buildings be sited so that service bays are oriented
towards the rear of the building.
The guidelines proposed - -(1) maximum 4 -acre project size, (2)
required service station anchor, and (3) a 300 -foot limitation
on frontage - -would help �o guard against proliferation of such
facilities within Subarea 7. The Commission may also wish to
consider requiring dense landscaping surrounding all aides of
the project for screening.
3. Recommendation: The Planning Commission should allow the
category of "Automotive Service Court" as a conditional use as
defined in Section 81. However, Item h should be deleted since
the "Activity Zone" concept is not recommended (Bee Part C,
below). Also, the following design criteria should be added to
the definition:
a. Service bays should he oriented to the rear of all
buildings.
b. Dense ldndscaping should be provided around the perimeter
of the project site for screening purposes.
c. outdoor storage of inoperative vehicles, parts, or
equipment is prohibited.
d. All work shall be conducted indoors.
e. All eignage shall be limited to signs approved under a
Uniform Sign Program.
C. RETAIL AND RELATED LAN]? USES Request to Expand the List of
Permitted and Conditionally Permitted Use, in Subarea 7.
1. 9ack9ree0 4 Subarea 7 of the ISP stretches along the south
side of Foothill Boulevard from Day Creek to Deer Creek, a
distance of approximately two miles. Although it is designated
"Industrial Park" in the ISP, land use activities currently
I2
PLANNING COMMISSIG. STAFF REPORT
ISPA 92 -02 - JACK HASI
March 11, 1992
Page 5
y
permitted include not only traditional light manufacturing, but
also a full range of office, administrative, buaineae support,
and other business and personal related services, including
convenience retail, entertainment, and automotive services. A
list of permitted and conditionally uses can be found in
Exhibit "0.•
This very broad mix of uses is intentional. It was devised to
provide a viable transition between the industrial and
employment areas to the south and the residential /retail
developments to the north. It also recognizes that Foothill
Boulevard, as the major east -west artery connecting to the I -15
Freeway, will eventually attract high volume services needed in
the community but not appropriately located within either the
industrial area to the south or the residential /retail areas to
the north.
At the same time, the current regulation. atop short of
allowing a full range of unrestricted retail activities in
Subarea 7. The City's current land use plan for Foothill
Boulevard recognizes that the community cannot support
retail/ commercial establishment, along the entire 6 -1/2 mile
corridor without a negative impact on existing retail centers
in the older part of the community or already planned
commercial centers elsewhere.
The intention is to strike a balancer ideally, an ample amount
of commercial zoning should be available to accommodate needed
retail services wit:,out creating ouch an overabundance of
commercially zoned land that it cannot be developed to its
potential, resulting in marginal or temporary land uses.
2. Applicant's request: Given this background, it should be noted
that the applicant is NOT requesting a zone change or a General
Plan amendment. Rather, the request is to expand the range of
permitted and conditionally permitted uses to include certain
retail activities. This was done in an effort to be consistent
with the intent of the ISP.
The applicant's request and justification is detailed in
Exhibit ^E,^ attached. The specific uses requested, their
definitions, and staff comments are summarized below:
A. Specialty Building Supplies a Home Improvements.
This would include stores specializing in the sale and
possibly ,installation of paint, wallpaper, floor
coverings, draperies and curtains, doors and windows,
building materials, hardware, plumbing and electrical
supplies, bath and kitchen fixtures and supplies,
lighting, swimming pools and supplies, and garden
furnishings, materials and supplies.
Z V
PLANNING COMMISSTG. STAFF REPORT
ISPA 92 -02 - dACx MAST
March 11, 1992
Page 6
Many of these users would 1111 to the trade (at wholesale
Prices) as well as to the general public. It should be
emphasized that these are specialty businesses, not
general merchandise stores like Builder's Emporium or Home
Depot.
Staff Comments: There are no similar uses to this
currently found within the IER other than those indicated
in Development Agreement 07 -01 (Foothill Commercial Design
Center) on the south Bide of Foothill Boulevard between
Spruce and Elm Avenues. The intent of this Development
Agreement, however, was to limit the uses to sales only to
designers, interior decorators, builders, etc., and not to
the general public. This application would permit retail
sale. to the general public as well.
Am indicated previously, 'Light Wholesale, Storage a
Distribution" is permitted in Subarea 7. Related retail
uses are permitted In conjunction with a Conditional Use
Permit, The reasoning could be made that the applicant's
request is merely an extension of the broader definition
of "Light Wholesale, Storage 9 Distribution." The
Commission should also take into consideration whether or
not they feel there is adequate land in the City zoned for
such uses without adding additional retail uses that would
create an imbalance. Staff Would recommend that a 9!,ze
limitation of 25,000 square feet be placed on this use
category.
Recommendation: This use should be defined as the
applicant has requested. The 25,000 square foot size
limitation should be added to the definition. The use
should be limited to buildings or projects adjacent to
Foothill Boulevard Activity Centers (on Foothill Boulevard
and Rochester Avenue and Foothill Boulevard and Milliken
Avenue).
b. Office Supplies, Furni hi es and Service-
This would include blueprint and photocopy services,
office supplies and furnishings, messenger /wire services,
business machines and computer equipment and supplies, and
postal /mail receiving and packaging.
Staff Comments: The uses as proposed are very similar to
those in the category of ^Business Supply Retail and
Services" and "Business Support Services- both of which
are permitted uses within Subarea 7. This type of use
would be quite compatible with the Intent of Subarea 7.
1 23
PLANNING COMMISSION rAFF REPORT
ISPA 92 -02 - JACK MASI
March 11, 1992
Page 7
Recommendation: This use, as defined, is compatible with
other uses in Subarea 7 and may be added as a permitted
uee.
c. Auto Sunpliee:
This would be limited to parts Bales only - -no services,
repair, or installation.
Staff Comments and Recommendation: Thin is a strictly
retail use and would not be appropriate throughout the
entirety of Subarea 7. It may be appropriate only in
conjunction with the "Auto court" concept which has been
discussed elsewhere in this report.
d. Medical 6 Hospital supply Stores and Medical /0ruO
Superstores:
This would include the sale and rental of medical and
hospital equipment and supplies and large medical /drug
stores.
Staff Comments: This type of use is not noted in the ISP
but could be compatible with the intent of the Industrial
Park designation which is identified in the ISP as a
transitional category from industrial to residential
uses. The use proposed is also compatibls with
"Medical /Health Care Services" which is conditionally
permitted in Subarea 7, provided the use is truly a
specialty medical store as opposed to a "drug store" with
general merchandising and a relatively small drug counter.
Recommendation: This use could be added with a
Conditional Use Permit and should have a 25,000 square
foot or less size limitation added to the definition. In
addition. the definition should be revised to permit only
stores with a primary focus on medical - related sales.
a. Pet Store$, Pet Care and Recreational Supplies and
Services:
This would include pet supplies; pat stores; riding tack
and supplies; riding and western wear; sporting goods and
athletic supplies; sports memorabllia; veterinary clinics;
art galleries; photo labs; and music, art, and photo
studios and supplies.
Staff Comment: This category, as proposed, is much too
broad and should be narrowed down somewhat. Art
galleries; photo laboratories; and music, art, and photo
124
PLANNING COMMISSIO1 fAFF REPORT
!SPA 92 -02 - JACK MASI
March 11, 1992
Page 6
studies and supplies are not at all related to pet
stores. Note, however, that photo studios are already
included in the definition for "Personal services" which
is conditionally permitted in Subarea 1. Art and music
st:dioe could easily be incorporated into the definition
for "Personal Services" and would be compatible.
Recoeeendation: Art and music studios should be added to
the definition of "Personal Services."
Staff is seeking Commission direction on these land uses
"Activity Zone" Concept: In response to staff concerns that
the entire Subarea 7 would become a potential commercial zone
if the proposed uses were to be added to current regulatione,
the applicant is proposing that these new uses be restricted to
only small portions of Subarea 7. As proposed by the
applicant, the new retail uses would be permitted only within
"Foothill Activity Zones." (These are defined by the applicant
in Exhibit "E. ")
The applicant is also requesting that the "service retail" uses
proposed be classified as permitted uses within an "activity
zone" which would be approved under a master Conditional Use
Permit.
Staff Coaents: Staff concurs that new retail activities, if
permitted, should be limited to specified locations. However,
rather than introducing the new concept of an " activlty zone,"
we suggest that the new uses be simply restricted to the
immediate vicinity of the already established "activity
centers" as defined by the Foothill Boulevard Specific Plan, at
Foothill Boulevard and Rochester Avenue and Foothill Boulevard
and Milliken Avenue. Limiting the uses to the already
established "Activity Centers" would be a workable meant of
assuring that such uses would not dominate Subarea 7.
The "Activity Zone" concept would not be easily incorporated
into the existing format of the ISP. In addition, an "Activity
Zone' could easily be confused with the "activity center"
concept already in place within the Foothill Boulevard Specific
Plan. The key points the applicant is proposing regarding the
"Activity Zone" could, however, be easily incorporated into the
definition section of the ISP and /or into the definitions of
the new proposed uses.
Recoseendation: Staff feels this section should be deleted
since the "activity zone" concept does not seem workable.
Instead, staff recommsnde that revised land use definitions and
criteria for the location of proposed conditionally permitted
4ees be utilized.
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SUBAREA 7
Land Use Designation Industrial Park
Primary Function Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge
between the City's Industrial Area and community
oriented non - industrial area and is a gateway to the
City. A major industrial, office, and commercial
development on approximately 300 acres is currently
undergoing phased construction. Within this area is a
planned Civic Center which will include San Bernardino
County and City offices.
Permitted 'Uses Custom Manufacturing
Light Manufacturing
Administrative and Office
Professional /Design Services
Research Services
Light Wholesale, Storage, Distribution
Building Maintenance Services
Business Supply Retail Sales and Services
Business Support Services
Communication Services
Eating and Drinking Establishments
Financial, Insurance and Real Estate Services
Hotel /Motel
Administrative Civic Services
Flood Control /Utility Corridor
Conditional Uses Automotive Rental /Leasing
Automotive Sales
Automotive Service Statioll
Convenience Sales and Services
Entertainment
Fast Food Sales
Food and Beverage Sales
Medical /Health Care Services
Personal Services
Recreation Facilities
Cultural
Public Assembly
Public Safety and Utility Services
Religious Assembly
13a
IV -48
January 22, 1992
Dan Coleman, Principal Planner
City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, Ca. 91729
Subject: Summary of Requests Submitted for Planning Board Action
Location: Masi Property, Southwest Corner of Foothill Boulevard
& Rochester Avenue
Reference: CUP 91 -24
Dear Mr. Coleman:
Please find below a summary of requests for Planning Board action
for the above referenced project. Where applicable, a narrative
is provided with the applicant's justification or argument in favor
of the proposed Planning Commission action.
A) Tentative Parcel Rap
A 32 parcel subdivision, including a public street, is
proposed.
The applicant is Masi Commerce Center Partners, a Limited
Partnership of Masi family interests; Jack Masi is the sole
General Partner of this Limited Partnership.
Masi Commerce Center Partners is owner of the land comprising
all the proposed parcels except the approximately 2.5 acre
corner land at Foothill and Rochester, hereinafter referred
to as the "corner property ". The "corner property ",
comprised of proposed parcels j's 5, 6 & 7, is owned by the
Sebastian Masi Trust (Jack Masi is Trustee) and Jennie Masi
(Jack Masi is empowered here to act on behalf of Jennie Maui) .
Masi Commerce Center Partners is pursuing approvals for both
properties and is representing all concerned in this matter.
The Masi family desires to create an integrated development
of both land holdings.
A total of 268,907 square feet of development is proposed.
An alternate scheme, involving a minor site design change to
the "corner property ", would total 267,907 square feet; it is
described in the next section below. The square footage of
development and proposed uses are summarized in an
accompanying exhibit in the submittal package.
131
1510 R,vemde Dnve • Burbank. CA 91506 1818) 846 -207,1
Coleman /Scandiffio - Summary of Requests - Masi Property
Page 2
B) Design Approval
Design approval is requested for all buildings except
restaurant parcel 15. We are working with a tenant for that
building although the exact building size and design have not
been clearly established at this time.
Two schemes are presented for the "corner property ". Scheme
A has three buildings, a 10,000 s.f. restaurant (pad 15) and
two service retail buildings ( 06 6 #7). In alternate scheme
"B ", building #7 has been eliminated so as to provide parking
for a 14,000 s.f. restaurant for pad #5 rather than the 10,000
s.f. restaurant as shown in scheme "A ". The design of
building #6 remains the same however.
We request the approval of both design alternatives for the
"corner property". If scheme "B" is ultimately selected, we
would combine proposed parcels 15 and 07 into a single parcel.
C) conditional use Pernit
In addition to the site plan approval as described above,
conditional use permits will also be required for the
following uses:
1) Automotive Sgrvkce Station (Parcel 2)
The gas station has two gas islands, an automated car
wash and a small food mart; this is a typical Texaco
station. The gas station building is approx. 1800
square feet. A conditional use permit may also be
required for the sale of food and beverages from the
ancillary food mart. It is envisioned that the station
will be part of a larger Auto Court (see Specific Plan
Amendment section below).
2) Fast Food Sales (Parcel 3)
A Jack In The Box fast food establishment, approximately
2770 square feet, is proposed for parcel 13.
3) ReliciOMS 455embly (Parcel 14)
We propose to relocate Victory Chapel from the existing
"winery" building on Foothill Boulevard to building 14.
Building 14, approx. 8096 s.f, is a tilt -up industrial
building with 24 parking stalls and a parking ratio of
2.96 cars per thousand square feet.
i3Z.
Coleman /Scandif f io - Summary of requests - Masi Property
Page 3
An area equal to 1950 square feet will be used as an
assembly area; the balance of the space will be used for
offices 2500 s.f.), the baptistery (500 s.f.), storage
(1900 s.f.) and classrooms (1200 s.f.). The assembly
area would not be used at the same time as the other
spaces. The baptistery would not be used at the same
time as the assembly area or the other spaces.
We understand that 55 spaces are needed for each 1000
s.f. of assembly space. Thus 68 spaces are required.
The offices require 10 spaces, the classrooms require 12
spaces and the storage area requires 2 spaces - for a
total of 24 stalls. The baptistery is not like the
assembly area and would not require as many parking
spaces; nevertheless, it would not be used at the same
time as the other spaces.
It is clear that the planned 24 parking spaces for
building /14 can handle all uses except the assembly
space. An additional 46 stalls are needed, consistent
with the fact that the office, classroom, storage and
baptistery spaces are not used at the same time as the
assembly area. (68 required spaces for assembly less
24 provided on site equals 44 additional spaces needed) .
We propose that a reciprocal parking right be allowed
with adjoining parcel 113; parcel 013 has 44 stalls.
Religious assembly occurs on Sunday mornings and thus
will not impact parcel 013, designated for service retail
use. we think this is a good solution to the problem
of church assembly parking requirements.
4) Conditional Use Permit for proposed Auto Court Use and
Service Retail Uses in Activity Zone
See D(2) and D(3) below.
D) Industrial Specific Plan Assndments
1) Remove or Relocate Designated Access Point on Rochester
avenue.
The Industrial Specific Plan, subarea 7, calls for access
points on shared property lines approximately 610 feet
South of Foothill Boulevard on Rochester Avenue.
We believe that this designated access point no longer
has any strong validity and would be better located if
moved approximately 134 feet South on Rochester Avenue
as shown on our proposed site plan.
i12
Coleman /Scandiffio - Summary of Requests - Masi Property
Page 4
Sheet 41 of the submittal package is a master plan for
the area surrounding the Masi site with the subject
access points on Rochester Avenue moved to the proposed
locations.
The specific justifications for the movement of the
access points are summarized below:
a) City standards dictate that a bus bay with a right
turn stacking lane must have a minimum length of 335
feet. We find this City standard appropriate and
desirable. Since the Masi property is required to
have a bus lane at the corner of Foothill and
Rochester, the first driveway along Rochester must
be located at least 335 feet from the corner of
Foothill and Rochester; our first driveway is almost
exactly at that minimum distance.
This driveway location dictates the next. The
designated driveway in the Specific Plan would fall
within the minimum 300 foot required spacing between
driveway centerlines, as per City standards.
However, the proposed access point (moved approx.
135 feet to the South) is comfortably at a distance
of approx 340 feet (centerline to centerline) from
the upper driveway near the bus bay.
For a site the size of the Masi property (approx.
27 acres) , two driveways on Rochester are essential
to handle the proposed intensity of development.
The designated access point in the Specific Plan
precludes the northerly proposed driveway probably
because the Specific Plan did not anticipate the
required bus bay which ultimately affects driveway
locations.
b) The elimination of Pioneer Boulevard via a Specific
Plan amendment so as to facilitate the development
of the Sports Center to the South of the Masi
property also weakens the justification for the
location of the subject access point. Pioneer
Boulevard, once located 660 feet South of the
subject designated access point, was intended to
extend all the way to Miliken Avenue. With the
elimination of this East /West thoroughfare, a
significant load will likely be taken off Rochester
Avenue. The proposed location of the subject
access point approx. 135 feet further South is thus
far less significant due to the elimination of
Pioneer Boulevard. See sheet 141.
3y
Coleman /SCandiffic - Summary of requests - Masi Property
Page 5
C) The proposed access points are superior in terms of
the development of parcels on the East side of
Rochester Avenue opposite the Masi property.
As sheet X41 illustrates, lots 31 and 32 are owned
by the same owner, Gwo -Chau Liao; combined they
total about 12.4 acres. The Specific Plan access
point would put this parcel's access road along its
Southern property line. This clearly would be
undesirable in terms of good site planning because
the rear property line would most likely be the
loading area for buildings in the back half of the
site (see sheet 141). The facades of these
buildings would be better oriented towards Foothill
Boulevard with the main access drive running through
the middle of the site as shown on sheet 041.
Additionally, this property is too small for a
public street and thus there is little logic for
extending the proposed "Masi Drive" through it.
The 7 acre Masi property to the South of the Gwo -
Chau Liao property (lots 31 & 32) works very well
with the location of the proposed "Masi Drive ".
This piece would best be developed as small, high -
end industrial buildings with a high parking ratio
as proposed on the subject Masi property (see sheet
041). Like the Gwo -Chau Liao property, an access
point on the Northern property line of this piece
would run counter to good site planning. We
envision this piece to have a private drive or cul
de sac with adjoining industrial lots on either side
of this access road, thus creating an environment
suitable for a high -end, small industrial building
project. Since we do not envision large industrial
boxes on this site, an access road along its
Northern boundary, as currently shown in the
Industrial Specific Plan, would run counter to good
site planning.
In sum, changes in land uses along this section of
Rochester Avenue (Sports Center), the elimination
of Pioneer Boulevard, the pattern of property
ownership and land development and other special
requirements (bus bay and right turn lane stacking
standards) seriously weaken the justification for
the access points as specified in the Industrial
Specific Plan. We believe our proposed access
points better reflect present and future conditions.
35-
Coleman /Scandiffio - Summary of Requests - Masi Property
Page 6
2) Auto Court Use Category Added to Subarea 7 As
Conditionally Permitted Use
The current trend in the marketplace is the elimination
of service stations with auto repair capabilities.
These are being replaced by "gas" stations, that is, no
auto repair services are available. The "gas" stations
usually have food marts and some also have automatic car
washes.
Auto repair is becoming highly specialized, as evidenced
by "Lube and Tune ", Smog Pro, Midas, Winston Tires and
various other auto service specialists. The emphasis
of these service specialists is on speed, convenience and
price.
We are proposing the Auto Court use category to reflect
these new realities. Traditional "service" stations
are permitted conditionally in subarea 7, but not these
new specialty services. We believe these new "fast and
convenient" services would be quite appropriate if
grouped together into a planned and aesthetically
pleasing "Auto Court" anchored by a gas station.
We are working with Texaco, Jiffy Lube, Midas Muffler,
American Tire, Amco and Zeus Automotive in the planning
and design of our proposed Auto Court.
We propose the addition of an "Auto Court" use
classification to be added as a conditionally permitted
use in subarea 7 of the Industrial Specific Plan.
Specifically, we propose the following:
a) The Auto Court must be anchored by a gas or service
station.
b) Maximum Size: 4 acres.
C) Can not extend or "front" along a major or secondary
arterial more than 300 feet.
d) No access permitted directly off major arterial.
e) Garage doors and service areas must be screened from
all major and secondary arterials.
1'� �_
Coleman/ Scandiff io - summary of Requests - Masi Property
Page 7
f) Permitted Uses:
Gas stations, service stations, automotive service
and repair including mufflers, shocks, alignments,
brakes, oil change, lubrications, tune -ups, smog
checks, tire repair and replacement, transmissions,
general auto repair, installation of air
conditioning, car phones, stereos, windshields and
upholstery, windshield tinting and other related
services. Also general sale of auto parts.
g) Gas or service stations may have ancillary car
washes and food marts.
h) Auto Courts are not permitted in "Activity Zones ".
see "activity zone" proposal under D(3) below.
We propose that the conditional use permit be granted
for the entire Auto Court, rather than just for
particular parcels or buildings. Permitted uses would
become "as of right" once the conditional use permit for
the auto court is granted.
3) "Foothill Activity Zone" with Service Retail Uses Added
to subarea 7 As Conditionally Permitted Use Category.
We propose that a "Foothill. Activity Zone" area be added
to subarea 7 of the Industrial Specific Plan. Within
this zone we propose that certain service retail uses be
allowed.
The purpose of the activity zone would be to encourage
pedestrian activity at certain key intersections along
Foothill Boulevard aiid to provide a better transition
between industrial areas and residential and
neighborhood /community tetail areas.
The proposed permitted service retail uses are those that
are often found within or at the edges of industrial
areas and border on major thoroughfares. These service
retail uses reflect the new trends in marketing where
there is little or no distinction between discount sales
to the public and wholesale trade. Many of these service
retail businesses may involve retail or discount sale to
the public as well as special wholesale prices for the
"trades" or retailers.
I 3 �
Coleman /Scandiffio - Summary of Requests - Masi Property
Page 8
These service retail users are usually in the range of
5,000 s.f. to 25,000 s.f. Because of their discount
nature, they can not afford to pay mall prices.
They are usually not considered "anchors" because they
are not large enough and due not have the attraction of
a typical anchor like a supermarket or a Marshalls.
Therefore, they due not get the bargain rents that
typical anchors get in neighborhood and community
centers. Since they are discount in nature, they must
seek cheaper rents and can not afford to pay the rents
paid by smaller "mom and pop" stores. For this reason
such uses tend to locate in transitional zones between
industrial and neighborhood /community retail and
residential areas.
The typical discount center, such as Victoria Market and
the Foothill Marketplace, put the emphasize on getting
larger users, 100,000 s.f. and larger to anchor their
centers; the "mom and pop" stores pay high rent and the
anchors pay very little; the profits are made on the "mom
and pop" stores. However, the 5,000 to 25,000 s.f.
service retail user is often left out; often there is
little space available for these mid -size users and, if
space is available, the rent is too high (the anchors
must be s-ibsidized).
For example, Victoria courtyard will have a 122,000 s.f.
Home Depot and a 113,000 s.f. K -Mart. Except for one
20,000 s.f. building, all the other buildings are geared
towards smaller shops under 5,000 s.f. Clearly one can
see that these mid -size service retail users (5,000 to
25,000 s.f.) are not adequately provided for in these
large discount centers.
We believe the Masi property provides an excellent
location for these destination type, mid -size service
retail users. The "regional" nature of many of these
service retail uses will reinforce the planned Victoria
Gardens shopping mall nearby. They will also be quite
compatible with the adjacent Sports Center and will
provide an excellent transition between the industrial
zone and the nearby regional /community retail, hotel and
residential areas.
MUO
Coleman /Scandiffic - Summary of Requests - Masi Property
Page 9
It should be noted that "wholesale to retailers of
finished goods and food products" is already permitted
in subarea 7; in fact, "retail sales from the premises
may occur when approved as a conditional use ". (See
section III, part (C) on page III -10 of the Industrial
Specific Plan.) Our proposal can be viewed as an
extension of this concept so as to accommodate new
marketing trends that were not clearly established at the
time the Industrial Specific Plan was first written.
Specifically, we propose the following definition of an
"activity zone ":
a) Activity Zone Defined
1) An activity zone must abut Foothill Boulevard
and must be in subarea 7; it can not occur
withii: the Haven Avenue Overlay District.
2) An activity zone must occur at the intersection
of Foothill Boulevard with a major or secondary
arterial.
3) The maximum frontage of the activity zone along
Foothill Boulevard is limited to 1000 feet.
The maximum depth of an activity zone from the
centerline of Foothill Boulevard is 700 feet.
4) The maximum amount of service retail uses
(excluding eating establishments) allowed in
an activity zone is limited to 110,000 square
feet.
5) the maximum size of any retail user is limited
to 50,000 square feet. (This is consistent
with the current 50,Ooo s.f, size limit for
light wholesale users allowed in subarea 7.)
6) Permitted and conditionally permitted uses in
subarea 7 are still permitted within activity
zones; however, service stations and "Auto
Courts" (see D(2) above) are not allowed in
activity zones.
we propose that the "activity zone" designation be
given as a conditional use and that the permitted
service retail uses become "as of right" within the
conditionally permitted "activity zone ". ,
131
Coleman /SCandiffio - Summary of Requests - Masi Property
Page 10
We propose the following service retail uses to be
allowed within the 'Foothill Activity Zone":
1) Specialty Building Supplies 6 Home Improvements
This would include stores specializing in the
sale, and possibly installation, of paint,
wallpaper, floor coverings, draperies and
curtains, doors and windows, building
materials, hardware, plumbing and electrical
supplies, bath and kitchen fixtures and
supplies, lighting, swimming pools and supplies
and garden furnishings, materials and supplies.
Many of these users would sell to the trade (at
contractor prices) as well as to the general
public. It should be emphasized that these
are specialty businesses, not general
merchandise stores like Builder's Emporium or
Home Depot.
We are working with Dunn Edwards Paints (10,000
s.f.), Wallpaper To Go (5,000 s.f.) and Color
Tile (5,000 s.f.).
2) Office Supplies, Furnishings and service
This would include blueprint and photocopy
services, office supplies and furnishings,
messenger /wire services, business machines and
computer equipment and supplies and
postal /mail receiving and packaging.
We are working with Bismarck Inc., a 25,000 to
30,000 s.f. computer and office supply
superstore, seriously looking to enter the
Southern California market.
3) Auto Supplies
This would be limited to parts sales only - no
service, repair or installation.
This compliments the Auto Court use category.
We plan to have Chief Auto Parts in Building
04.
111D
Coleman /Scandiffio - Summary of Requests - Masi Property
Page it
4) Medical S Hospital Supply Stores and Medical/
Drug Superstores
This would include the sale and rental of
medical and hospital equipment and supplies
and large medical /drug stores,
We believe this is an excellent service retail
use category for the Masi property given the
close location of the new North San Antonio
Medical Center.
We are currently working with Drug Emporium
(25,000 s.f.).
5) Pet Stores, Pet Care and Recreational Supplies
and Services
This would include pet supplies, pet stores,
riding tack and supplies, riding and western
wear, sporting goods and athletic supplies,
sports memorabilia, veterinary clinics, art
galleries, photo labs, and music, art and
photo studios and supplies.
We believe this use category is quite
compatible with the adjacent Sports Center.
We are working with Elliot's Pet Emporium
(30,000 s.f.), a pet supply superstore.
i hope the above Summary of Requests addresses all the relevant
areas concerning our application. Please call me if you have any
questions, need any clarification or require more information.
Sincerely,
Michael Scandiffio /I
Owner's Representative
)9(
Motion: Moved by Rolatoy, seconded 5y/ yelcher, to issue a Negative
Declaration and adopt the resolutions roving Environmental Assessment and
Vesting Tentative Tract 15289 and de '_n review thereof, as modified to delete
Standard Condition Cl and to p rde that landscaping be provided within
private patios along the proj boundaries to the satisfaction of the City
Planner. Motion carried by t6 following vote:
AYES: COMHISSI��ONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISkTONERS: NONE
ABSENT: COMMISSIONERS: NONE - carried
Th' Planning Commiesion recessed from 8:36 p.m. to 8:51 p.m.
CENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 92-02
- JACK MASI -
A. A request to modify the local circulation pattern within Subarea 7,
along Rochester. Avenue between Foothill Boulevard and the Sports
Park, to accommodate a proposed industrial development at the
southwest corner of Foothill Boulevard and Rochester Avenue - APN:
229- 011 -30, 19, 21, 26, 27, and 28.
B. A request to add an auto court use, consisting of automotive
services and related activities, as a conditionally permitted use
to Subarea 7 of the Industrial Area Specific Plan.
C. A request to expand the list of permitted and conditionally
permitted use. in Subarea 7 of the Industrial Area Specific Plan to
include certain retail and service- related activities.
Staff recommends issuance of a Negative Declaration.
Beverly Niemen, Associate Planner, presented the staff report and noted that
three additional letters had been received from the applicant and were in
front of the Commissioners.
Commiaaioner Melchor asked how the Commission should deal with the new
material. from the applicant as they were being received at the last minute.
Chairman McNiel remarked that the new correspondence could possibly be
absorbed but couldn't be acted upon. He opened the public hearing.
Michael Scandiffio, The Scandiffio Company, 1510 Riverside Drive, Burbank,
thanked staff for providing answers to their questions. He also thanked the
Planning Commission for holding eight workshops mince the project was first
presented in August 1991. He remarked that the March 11 letter provided this
evening was a response to the Staff Report. He noted that they agreed with
staff's analysis of Part A of the Industrial Area Specific Plan Amendment. He
said they are generally in agreement with staff's recommendation on Part 8
Planning Commission Minutes -12- March 11, 1992
`,1104 '
��1L
but felt there should be some clarifications. He thought it should be
clarified that service stations nay have ancillary car washes and food
marta. He requested that architectural screen walla be permitted in addition
to or in lieu of landscaping along major and secondary arterials instead of
requiring dense landscaping around the perimeter of the site. He felt that
the buildings will need visibility to attract customers. He noted that some
buildings would require service bay doors on opposite sides to allow drive
through uses. He therefore requested deletion of tie requirement to orient
service bays to the rear of all buildings. He suggested that their project be
used as a prototype and such strict design standards should be left to the
discretion of the Design Review Committee. He felt that staff supported Part
C in concept. He requested a master conditional use be permitted for a
listing of specific uses and requested that maximum veer size be set at 30,000
square feet instead of staff's recommended maximum of 25,000 square feet. He
proposed that Auto Supplies be permitted only in projects with approved Auto
Courts, with adequate trash containers provided, and where there are no other
auto parts stores within 2,500 feet. He remarked that Auto Supplies are a
convenience item and such retailers need visibility from the street. He
provided proposed expanded definitions of the various uses.
Jack Masi, owner, 5416 Electric Avenue, San Bernardino, noted that the
property had been in his family for SO years. He felt that because the sports
complex is underway, additional land uses are necessary to make the project
viable.
Doug Nye, Bishop Hawk, broker, 2143 East 0 Street, Ontario, felt the Auto
Court would be a good plan because it would provide services needed in the
community. He noted that the requirement to place all service bay doors to
the rear would cause problems. He disclosed that Chief Auto Part. had
expressed interest in the site and they would require visibility because the
use is an impulse retail use.
Dick Dahl, P. O. Box 7198 SVL, Vietorviile, expressed appreciation for the
amount of time the Commission had spent on the project. He requested that
door placement and screening be handled at Design Review. He also requested
that the Commission approve the requested conditional uses.
Hearing no further testimony, Chairman MCNlel closed the public hearing.
Chairman McNial noted that staff recommended approval on Part A.
Commissioner Toletoy asked if the proposed realignment would allow enough
distance between individual driveways.
Bettye Hanson, Senior Civil Engineer. responded affirmatively.
Commissioner Toletoy asked if part of the rationale was that two of the
parcels belong to the same party.
Mr. Hannon confirmed that was
the case.
Planning Commission Minute%
tl] —
March
11,
199:
1113
Commissioner Toletoy noted that as they are different oarcels, one may be sold
and the new owner may want their own individual driveway.
Mr. Hanson felt that could be provided.
Chairman HcNiel asked for comments on Part B.
Commissioner Melchor noted that the Deer Creek car wash on Foothill Boulevard
and the Chevron car wash on Haven Avenue are developed with two different
concepts, in that one is visible from the street, while the ether is hidden.
He remarked that when the Industrial Area Specific Plan was adopted, it was
determined there was no need for an Auto Court use in Subarea 7. He
questioned if the plan was wrong and if it should be amended merely because an
applicant would like such a use in that location. He wondered why anyone
would be willing to build a business in a location where it needs to be hidden
from view and thought if the use were in the right location, it should be
visible.
Commissioner Toletoy noted that service stations are already conditionally
permitted in Subarea 7. He remarked that gas dispensing stations are
currently being built instead of service stations. He thought the Auto Court
would provide those service¢ that used to be provided in service stations and
Auto Court would merely be a replacement for the traditional service stations.
Commissioner Melchor asked why the use should be hidden if it in in the right
location. He thought if it is in the wrong location, it should not be built
and hidden.
Commissioner Toletoy felt the use is justified because service stations are
already a conditionally permitted use. He noted that City standards call for
the working area of service stations, the gas pumps, to be screened from
view. He noted that an Auto Court is a new concept and felt the commission
wan merely trying to make the use palatable for surrounding users by
downplaying similar features. He felt that an Auto court would be desirable
with proper design standards and he did not think such a use would be
objectionable to the community if it were designed properly.
Chairman McNiel noted that the two car washes mentioned by Commissioner
Melcher are integrated and pleasing within their respective streetecapes
through either architectural or landaceping treatments. He felt that signage
adequately indicates where the businesses are located and service bays should
be hidden from view because they are not attractive.
Commissioner Toletoy commented the Commission was merely trying to conceal
objectionable feature,, not the use. He agreed with most of staff's
recommendations, but felt there should be some modification.. He agreed that
some businesses need drive- through service bays and it would not be practical
to require service bays only in the rear. He felt the issue of door placement
could adequately be addressed at Design Review. He felt it should be
sufficient to merely make it clear that such doors are to be hidden from view
from the street. He agreed that walls and berming could be used along with
donee landscaping to accomplish adequate screening.
Planning Commission Minutes 434_1
l(f�
March 11, 1992
Commissioner Melcher asked if it was Commissioner Toletoy'. view that the view
could be Similar to Deer Creek.
Commissioner Tolatoy felt it should be a compromise between Deer Creek and the
Chevron station.
Commissioner Chitiea indicated she could support the Auto Court concept with
the mitigating measures proposed. She felt there could be a alight
modification on the orientation of the service bays but indicated they should
not front major streets. She thought some sort of architectural statement
should indicate that the location is an Auto Court and suggested the location
of an auto parts store on Foothill Boulevard may be acceptable.
Commissioner Melcher asked if the amended language suggested by the applicant
in his March 11 letter would be acceptable.
Commissioner Toletoy felt the screening should be a combination of berming,
landscaping, and wa11e.
Chairman McNiel noted that the applicant was proposing screening only along
major streets instead of on all perimeters.
Commissioner Toletoy felt that adjacent properties should also be protected.
Commissioner Melcher felt that more restrictive standards work to the
detriment of the City. He agreed such a project would need to be properly
designed all the way around its perimeter but felt flexibility could be
permitted to deal with the design parameters on a project -by- project basis
rather than such strict standards.
Commissioner Toletoy felt a provision must be included to provide screening
from adjacent properties.
chairman McNiel noted that dense landscaping around the perimeter of the site
would not mean the whole site, as obviously driveways would be needed.
Commissioner Valletta preferred that the door orientation and landscaping
issues be decided in Design Review.
Commissioner Tolatoy felt there should be some indication that the Commission
would be strict.
commissioner Melcher suggested that the wording be changed to provide that
garage doors and service bays must be carefully sited to minimize unsightly
views from all surrounding properties. He felt there may be some areas where
dense landscaping may not be appropriate and there should be an appropriate
combination of landscaping, berme, or architectural features to provide
Adequate screening. He thought thou changes would provide enough leverage
for the Design Review Committee and the full Commission.
Commissioner Tolatoy felt that pump islands should also be screened.
Planning Commission Minutes bix March 11, 1992
1 115
Commissioner Valletta felt Design Review could take care of the visibility
issue.
Mr. Coleman requested discussion regarding the addition of car washes and /or
food mart. to the definition.
Commissioner Tolstcy felt that if Auto Courts are to be permitted in
Subarea 7, all of Subarea 7 should be considered. He felt the regulation,
should be for the entire subarea, not just one specific proposal.
Mr. Buller suggested that if the Commission agreed that ancillary uses such as
car washes and food markets may be appropriate, the definition could merely be
expanded to include service stations, 'with or without ancillary uses such as
car washes and foot marts.-
Chairman McNiel felt a coin operated car wash would not be appropriate.
Mr. Buller suggested that Part B be continued to allow staff to bring back new
language for the Commission's consideration.
commissioner Melchor asked where the question of auto parts stores should be
considered.
Mr. Buller indicated that staff felt the sale of auto parts could be
considered in an Auto Court, but did not feel the use should be allowed
outside of an Auto Court.
Commissioner Tolatoy felt an auto parts store would be appropriate within
Subarea 7 only in connection with an Auto Court.
Commissioner Melchor asked if the Specific Plan defines what in considered an
automobile. He wondered if the Ccmmiasicn was opening the door to truck
maintenance facilities and he questioned if there should be a definition
limiting the servicing to passenger automobiles and /or trucks not in excess of
a certain number of pounds.
Chairman McNiel felt it important to identify that this would not be a truck
atop. He thought the Commission may want to enlarge the maximum size from
4 acres if the Commission wanted to integrate an auto parts store into such a
project.
Commissioner Melchor liked the 4 -acre maximum size because he felt it would
prevent a project such as the one on Archibald.
Chairman McNiel requested discussion on Part C.
Commissioner Tolatoy reminded the Commission that Subarea 7 was intended to
provide a transition between industrial and retail uses. He noted that there
is a lot of retail space within the City which is empty. He felt the
Commission should consider any changes very carefully, keeping in mind the
other commercial area that is available. He did not think Subarea 7 should be
Planning Commission Minutes t8e -- March 11, 1992
M"
turned into another retail area. He noted that Archibald Avenue already has a
lot of commercial projects South of Arrow Route even though it is not a retail
center.
Commissioner Chitiea concurred with Commissioner Toletcy. She observed that
an enormous amount of time went into the preparation of the Foothill Boulevard
Specific Plan and the industrial Area Specific Plan with a tremendous amount
of community input an to what was appropriate. She felt there is a lot of
merit in the current plane.
Commissioner Tolstoy did not feel Drug Stores are appropriate for Subarea 7 as
it is strictly a retail use.
Chairman McNiel asked his opinion of Medial and Hospital Supply Stores.
Commissioner Tolstoy noted that use is completely different from a drug
store. He indicated that currently such supplies can be ordered at Gemmels
and they will deliver the goods. He thought such a use may be appropriate in
A retail center.
Chairman McNiel felt ouch a use may be more appropriate adjacent to medical
facilities.
Commissioner Melchor felt such users may not be able to afford the retail
rental rate.
Commissioner Chitiea felt a Medical and Hospital Supply Store use may be
appropriate in Subarea 7. However, she felt Drug Stores or Superstoree would
not be appropriate.
Comm issioner Valletta agreed.
Chairman McNiel asked staff's opinion on the request for Specialty Building
Supplies and Home Improvement uses.
Mr. Buller commented it was staff's opinion that the use is a policy issue.
He remarked that if the Commission felt the use is appropriate, they may wish
to incorporate the guidelines suggested by staff, such as limiting size to
25,000 square feet and limiting the use to buildings or projects adjacent to
Foothill Boulevard Activity Centers.
Commissioner Melchor felt that stores fitting in the home improvement
category, such as Lampe Plus and Krause's Sofa Factory, would probably hold
off for Regional Related Commercial proportion.
Chairman McNiel agreed they tend to be freeway oriented.
Commissioner Melchor indicated he was reading the proposal to mean individual
stores selling very narrow product lines.
Chairmen McNiel agreed that was what he also anticipated.
Planning Commission Minutes ti-7- March 11, 1992
1 i I
Commissioner Melchor questioned if those types of users would be appropriate
Commissioner Toletoy observed that the City had already been approached with
plane for a potential designer center with those types of users all in one
place, rather than piecemeal. He indicated the proposed definition talked
about selling wholesale to contractors.
Commissioner Chitiea was concerncd about opening the area for uses better
suited in the Regional Related area. She felt a store that galls paint such
as Dunn Edwards may be appropriate, but not a general merchandise store ouch
as Standard Brands. She felt the commiesion should be very careful about
maximum size because larger sizes would be more appropriate in Regional
Related areas.
Comm ieeioner Toletoy agreed.
Chairman McNiel questioned if a portion of the site would be suitable for Dunn
Edwards, Color Tile, etc.
Commiesioner Melcher volunteered Carpeteria would be a similar use.
Chairman McNiel asked if anyone was opposed to those uses.
Commissioner Valletta felt she could support such uses.
Mr. Buller suggested it may be helpful for the Commission to consider the
Regional Related Comm ercial designated land around the mall and along Foothill
Boulevard. He noted that a lot of land had been so designated to get those
types of uses similar to what is seen around the Montclair Plaza.
Commissioner Chitiea felt those uses were more appropriate by the mall.
Commissioner Toletoy agreed.
Chairman McNiel felt such uses may be appropriate along Foothill Boulevard.
Commissioner Valletta felt the uses may be an appropriate transition from the
restaurants along Foothill Boulevard. She did not feel there would be an
opportunity for them to become overwhelming.
Commissioner Chitiea agreed that a carpet installer may be appropriate, but
she felt that uses such as Circuit City would be inappropriate. She felt the
retail aspect should be ancillary to industrial uses.
Chairman McNiel felt that might be the key. He suggested dropping garden
furnishings from the definition.
Commissioner Valletta suggested dropping furnishings.
Commissioner Chitiea noted that sale of benches could be appropriate.
Planning Commission Minutes YQK_ March 11, 1992
l b
chairman McNiel agreed
Commissioner Melchor questioned if a store Such as Sarbeques Galore would be
appropriate.
Chairman McNiel asked for opinions on the appropriateness of Office Supplies,
9urniehinae, and services.
Commissioner Chitiea thought the uses were appropriate.
Commissioner Melchor noted that some of those listed are small users. He
remarked that postal /mail receiving and packing businesses are typically found
in Neighborhood Centers.
commissioner Chitiea felt such uses would be appropriate in order to service
the small industrial users in the area.
Chairman McNiel than went on to Medical and Hospital Supply Stores and
Medical /Drug Superstores.
Mr. Coleman observed that Drug Stores are conditionally permitted throughout
the Industrial Area Specific Plan.
Chairman McNiel then moved on to Pet Stores, Pet Care, and Recreational
Supplies and Services.
commissioner Chitiea felt the uses are strictly retail.
Commissioner Malcher thought horse clubs would not be appropriate. He agreed
the listing was all retail uses, He questioned if a large piano store would
be included.
Commissioner Chitiea felt a large piano store should be Regional Related. She
thought a photo laboratory may be appropriate in Subarea 7.
Commissioner Toletoy agreed.
Commissioner Vallerte agreed with staff's recommendation that the catecory was
too broad and that art and music studios could be added to the definition of
Personal Services.
Chairman McNiel noted the sports park will be an adjacent use. He asked if
the Commissioners wanted to allow sporting goods because of the proximity to
the park. He noted that Regional Related Commercial is also located nearby.
commissioner Tolstoy felt sporting goods was retail. He asked the definitions
of a music studio and an art studio.
Mr. Coleman indicated Staff's interpretation was a recording studio and the
place where an artist would work.
Planning Commission Minutes «39t.. March 11, 1992
l�C�
Commissioner Chitiea felt art galleries should not be permitted
Commissioner Toletoy agreed.
Chairman McNiel asked for comments on the Activity Zone concept
Mr. Buller indicated the applic,ont wished to create Activity Zones along
Foothill Boulevard with certain retail uses then permitted by right within a
conditionally approved Activity Zone center. He noted that staff recommended
that the Activity Zone concept not be adopted and that revised land use
definitions and criteria for location of proposed conditionally permitted uses
could be utilized.
Commissioner Melchor supported staff'a recommendation.
Commissionere Toletoy and Chitiea concurred.
Mr. Bullar asked for the Commission's conclusion regarding Specialty Building
Supplies,
Chaiman McNiel suggested it would be users such as Dunn edwarde Paints or
Color Tile. He said they would sell retail building materials; however, they
would be the smaller users who specialize in a particular field.
Commissioner Toletoy suggested such users would generally have both retail and
contractor trade.
Chairman McNiel agreed they may generally be perceived as retail but with
contractor discounts.
Mr. Buller indicated it would be difficult to generate language that would
limit the users to those envisioned by the Commission.
Commissioner Valletta asked if uses could not be brought before the Commission
as a Use Determination.
Mr. Buller stated that the Use Determination could be used to judge what
category a use falls in. He indicated that the uses outlined are quite broad
and are not limited other than size. He did not wish to continually return to
the Commission each time a potential user applies to the City. He suggested
that questions would arise, such as what if a user had three or four
categories of products. He wondered if that would be allowed since they would
nc longer be handling one specialty product.
Commissioner Chitiea stated they were trying to get away from the department
store concept of sales.
Chairman McNiel stated the Commission was trying to identify those over -the-
counter or retail types of operations they would be acceptable when in fact
the Commissioners were not comfortable with retail uses being there in the
first place.
Planning commission Minutes t29-- March 11, 1992
15a
Commissioner Chitiea observed they were looking to service the industry more
than the general public.
Chairman McNiel felt a master Conditional Use Permit was not appropriate. He
felt uses should only be conditionally permitted and financial institutions
understand and accept that process.
Commissioner Vallette felt it makes good planning sense to require conditional
use permits.
Mr. Buller noted that Light Wholesale, Storage and Distribution is
permitted. He felt an argument could be made that a Dunn Edwards is just a
stretch of that definition. He felt that was where the policy discussion was
needed to see how far the Commission would like to stretch. He noted that the
square footage limitation was suggested by staff to limit the extent of these
uaee. He said there are definite flaws in that thinking because the various
users will forever try to challenge the line. He indicated there are daily
use questions because uses change rapidly. He noted that City Hall is located
in Subarea 7 and the uses requested must be viewed as being proposed in all of
subarea 7, not just the applicant's site.
Commissioner Toletoy felt it is a sensitive situation because the Commission
was being asked to convert a transition zone into something that it is not.
He did not think that was wise.
Chairman McNiel felt there should be additional study on Subarea 7 and the
ramifications of the changes on the entire subarea.
Commissioner Toletoy felt the Commission should also consider the impact on
the Foothill Boulevard Specific Plan,
Commissioner Melchor felt that would be an appropriate approach.
Chairman McNiel suggested continuing the matter for two weeks.
Commissioner Melchor suggested the item be continued for a longer period of
time to allow a study session on Subarea 7.
Commissioner Valletta suggested that staff return in two weeks with clear
language on what they had hoard tonight.
Commissioner Toletoy felt each of the Commissioners should do research on
their own rather than having a formal study session. He said formal study
sessions were held when the plan was first adopted.
Commissioner Melchor felt an overview of the plane and the history behind them
would be helpful. He indicated he could meet with staff to have his questions
answered.
Chairman McNiel observed that there were three parts to the Industrial Area
Specific Plan Amendment before the Commission; Part A, circulation; Part B,
Auto Court use; and Part C, Retail and related uses.
Planning Commission Minutes 61,1L- March 11, 1997
I)I
Chairman McNiel indicated he had been comfortable with the Auto Court use
until the City Planner had indicated that Citv Hall is also located in
Subarea 7.
Hr. Buller noted that the condition requiring a gas station with the Auto
Court would probably preclude anyone from placing an Auto court next to City
Hall because a developer would want to place a service station on a major
arterial. He also indicated that the Foothill Boulevard Specific Plan calla
for activity centers at major intersections. He thought the Commissioners
should try to determine if the uses being requested would energize activity
centers in a way that they could not be energized otherwise. He said if the
Commissioners felt the requested changes would further develop the activity
centers in the way they had been envisioned, the commission may wish to hone
in on the intersection,. He remarked that Foothill Boulevard was specifically
chosen as the dividing line between uses to the north and to the south. He
suggested that the Commission may want to take action on Parts A and B and
defer Part C.
Commissioner Tolatoy felt that all the Commissioner. were comfortable on
Part A, but he requested that Part B be continued so that he would have time
to think about the suggested chances.
Chairman McNiel remarked that the Commission was struggling because the
request transcends the project and has effect on all of Subarea 7. He
reopened the public hearing.
Mr. Scandiffio commented that they were proposing changes only to two activity
centers, one at the intersection of Milliken and Foothill and the other at
Rochester and Foothill; and those activity centers had not originally been
located in Subarea 7. He said they had only proposed that the uses be
permitted in the activity centers of 1,000 feet along Foothill Boulevard and
about 700 feet from the center of the street. He thought that would only
allow z maximum of 100,000 square feet of retail. He said the activity
centers merely deal with streetecape and building setbacks. He said they had
been approached by many people to locate on their Bite because of its
proximity to the sports center. He felt regional centers do not provide the
kind of spaces needed for the uses they were proposing. He noted they were
not proposing apparel, general merchandising, or food.
Mr. Buller commented the applicant's request had been for an activity zone but
staff felt it was larger than the activity center defined in the Foothill
Boulevard Specific Plan. He remarked that the applicant had expanded the use
further than staff thought it should be expanded.
chalrman McNiel indicated he was not ready to proceed.
Commissioner Melchor noted Viet the applicant had bean up front in that he had
a group of users ready to go on the Auto Court. He felt the applicant may
still be searching for what to do with the remainder of the property. He
indicated he would prefer not approving Part 8 without reviewing the
guidelines established against the rest of Subarea 7.
Planning Commission Minutes 13db- March 11, 1991
M
Commissioner Vallette felt Comfortable in approving Part B.
commissioner Toletoy did not feel comfortable with Par: B.
Commissioner Chitiea agreed.
Motion: Moved by Melcher, seconded by Tolatoy, to recommend ieau ance of a
Negative Declaration and to adopt the resolutions recommending approval of
Industrial Area Specific Plan Amendment 92 -02, Part A. Motion carried by the
following vote:
AYES:
COMMISSIONERS:
CHITIEA,
MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES:
COMMISSIONERS:
NONE
ABSENT:
COMMISSIONERS:
NONE
- carried
Notion: Moved by Melcher, seconded by Chitiea, to continue Industrial Area
Specific Plan Amendment 92 -02, Parts B and C. Motion carried by the following
vote:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE - carried
COMMISSION BTJSINESS
G. DISCUSSION OF LAND V$Z DESIGNATION FOR TWO DESIGNATED HVL ?I -FAM 2i�•( pAAC °_5
SOUTH OF BASE LINE ROAD NEAR VIC'i ORIA PARR LANE
Dan Coleman, Principal Planner, presented the staff report.
Chairman McNiel asked if the staff report adequately answered Commissioner
Vallette'e questions.
Commissioner Valletta felt the High Residential designation is out of place,
in that it is surrounded by Medium. She indicated she had been also
questioning the Medium parcel located adjacent to the Low - Medium. She asked
if the other Commissioners felt the two properties should have been reviewed.
Brad Buller, City Planner, indicated that staff felt the direction from City
Council Was to address only those parcels north of Base Line Road.
Commissioner Valletta stated it was her understanding that City Council felt
the Victoria Lakes project had been through a long process and they did not
wish to change anything, She was not sure the designated parcels had been
through the process, She therefore was not clear that the Council
Planning COMMilsipn Minutes et)t Parch 11, 1992
) S3
RESOLUTION NO. 32 -5J
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT NO. 92 -02, PART A, REQUESTING THE
ELIMINATION OF DESIGNATED ACCESS POINTS ALONG ROCHESTER
AVENUE BETWEEN FOOTHILL BOULEVARD AND ARROW ROUTE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 229- 011 -10,
19, 21, 26, 27, AND 28.
A. Recitals.
(i) Jack Masi has filed an application for Industrial Area Specific
Plan Amendment No. 92 -02, Part A, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Industrial Area
Specific Plan Amendment is referred to as "the application.-
(ii) On March 11, 1992, the Planning Commission of the City of Rancho
Cucamonga conducted a duly noticed public hearing on the application.
(iii) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part "A," of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above - referenced public hearing on March 11, 1992, including
written and oral staff reports, together with public testimony, thin
Commission hereby specifically finds as follows:
(a) A development proposal has been received for the southwest
corner of Foothill Boulevard and Rochester Avenue which utilizes access paints
different from those shown in the Industrial Area Specific Plan and includes a
master plan for adjacent development compatible with the alternate access
point locations.
(b) The existing parcels on both sides of Rochester Avenue are
sufficiently large enough to allow alternative development schemes consistent
with the City's Street Design and Driveway policies, making the designation of
specific access points in this location unnecessarily restrictive.
(c) The property to the north of Foothill Boulevard is
designated Mixed Use - Commercial, Office, Residential (MOC) in the Terra
Viet& Community Plan. The property to the south is designated General
Industrial in the Industrial Area Specific Plan, Subarea 8, and includes the
Sports Complex. To the east is the Day Creak Channel and two Southern
California Edison easements. The area on either side of Rochester Avenue and
PLANNING COMMISSION iOLUTION NO. 32
ISPA 92 -02A - jACR MASI
March 11, 1992
Page 2
extending west to Haven Avenue are designated industrial Park in the
Industrial Area Specific Plan, Subarea 7.
(d) This amendment does not conflict with the Land Use Policies
of the General Plan and will provide for development within the district in a
manner consistent with the General Plan and with related development; and
(e) This amendment does promote the goals and objectives of the
Industrial Area specific Plan; and
(f) This amendment would not be materially injurious or
detrimental to the adjacent properties and would not have a significant impact
on the environment nor the surrounding properties.
3. Based upon the substantial evidence presented to this Commission
during the above - referenced public hearings and upon the specific finding, of
facts set forth in paragraph 1 and 2 above, this Co ission hereby find, and
concludes as followes
(a) The amendment does not conflict with the circulation
policies Of the Industrial Area Specific Plan) and
(b) The amendment promotes the goals of the Circulation Element
of the Industrial Area specific Plans and
(c) The amendment in in conformance with the General Plan; and
(d) The amendment would not be materially injurious or
detrimental to the adjacent proportion.
4. This Commission hereby finds that the project has boon reviewed
and considered for compliance with the California Environmental Quality Act of
1970 and, further, this Commission hereby recosmende Issuance of a Negative
Declaration.
S. Based upon the findings and conclusions sot forth in paragraphs
1, 2, 3, and 4 above, the Planning Commission of the City of Rancho Cucamonga
hereby reco®snds approval of the Industrial Area Specific Plan Amendment No.
92 -02, Part A, which removes the access point arrows on Rochester Avenue just
south of Foothill Boulevard an shown in the attached Exhibit -A.-
6. The Secretary to this CommLoion shall certify to tte adoption
of this Resolution.
APPROVED AND ADOPTED THIS 11TH DAY OF MARCH 1992.
PLANNING COMM jSSION OF THE CITY OF RANCHO CUCAMONGA,
BY:--,,;-
arry cNiel, Chairman
I55
PLANNING COMMISSION OLOTION NO,
ISPA 92 -02A - JACK MASI
March 11, 1992
Page 3
I. Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 11th day of March 1992, by the following vote -to -wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCBER, TOLSTOY, VALLE1^.E
NOES: COMMISSIONERSi NONE
ABSENT: COMMISSIONERS: NONE
6w
FIG. IV •!
SUBAREA 7
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rMNw rw Or r 11. NI WN.Y.
CITY OF RANCHO CUCAMONG A
STAFF REPORT
,_
DATE: Parch 25, 1992
Chairman and Members of the Planning Commission
FROM: Brad Buller, City Planner
BY: 'Beverly Nissen, Associate Planner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN
AMENDMENT 92 -02 - JACK MASI
a. A request to add an auto court use, consisting of
automotive services and related activities, as a
conditionally permitted use to Subarea 7 of the
Industrial Area Specific Plan.
C. A request to expand the list of permitted and
conditionally permitted uses in Subarea 7 of the
Industrial Area Specific Plan to include certain retail
and service - related activities.
Staff recommends issuance of a Negative Declaration.
(Continued from March 11, 1992.)
BACKGROUND:
Hearings on this three -part amendment were held by the Planning
Commission on March 11, 1992. Part A, dealing with circulation, was
approved; hearings on Part B and C were continued to this meeting.
Attached to this report are draft Resolutions of approval for Parts B
and C, dealing with the Automotive Service Court use and retail- related
uses, respectively. These draft Resolutions are based on the
Commission's discussion to date and incorporate only thos; elements on
which there was an apparent consensus. Following the upcoming hearing
on these items, the Resolutions may be modified an appropriate.
PART B: AUTOMOTIVE SERVICE COURTS
There was a clear direction On this item, and the attached Resolution of
Approval incorporates the following key points based on the Commission's
discussion:
• Conditional Use Permit required
• 4-acre maximum
• must include a gas /service station
• 100 -foot maximum of arterial frontage
• no direct access off major arterials
• requirements for screening, landscaping, berming, low
retaining walls, or other treatment around the perimeter
• operational requirements (storage, signage, etc.)
Also please note, that service hays would no longer be required to
he oriented to the rear.
��S
PLANNING COMMISSION STAFF REPORT
ISPA 92 -02 - JACK MASI
March 25, 1592
Page 2
PART C RETAIL AND RELATED LAND USES
The Corunission was receptive to some of the proposed uses, but expressed
serious reservations about those retail activities which focus on
general retailine. Again, the attached draft Resolution is based on
apparent consensus. However, additional direction may be needed to
resolve the remaining questions.
The items discussed were:
Specialty Building Supplies and Home Inmrovements:
There was no clear consensus on this use. If the Commission considers
this to be appropriate with a Conditional Use Permit, a 25,000 square
soot limitation should be required. The draft Resolution includes this
as a conditional use.
Medical and Hospital Supply:
There was consensus that this may be an appropriate use, again with a
Conditional Use Permit. The Resolution includes this as a conditional
use. However, staff does not feel a Conditional Use Permit is necessary
for this use. It may be permitted by right with no adverse effects.
Medical /Drug Superstores;
There was a concern that the term "drug superstores" as requested
implies stores which focus on general merchandise rather than pharmacies
and other specialty medical stores. To avoid confusion, the draft
Resolution contains a new category, "Pharmacies and Specialty
Medical /Health Stores" as a conditional use.
Office Supplies, Furnishings, and Service:
Existing codes already permit "Business Supply Retail and Services."
Staff has revised the existing definition to include, specifically,
"sales, rental or repair of office equipment, furnishings and supplies"
as a permitted use.
Pet Stores, Pet Care, and Recreational Supplies and Services:
The Commission expressed strong reservations about the retail activities
in this category; the retail uses are therefore not included in the
Resolution. However, staff has expanded the definition of "Personal
Services," already permitted with a Conditional Use Permit, to include
the applicant's request for art, music, and photographic studios.
Home Fornishinys and Appliances:
Again, based on the Commission's reservation with the retail nature of
this category, this 1s not included in the Resolution.
ISq
PLANNING COMMISSION STAFF REPORT
!SPA 92 -02 - JACK MASI
March 25, 1992
Page 3
Auto Supplies:
The Co,mnissipn indicated this is not an appropriate use, except within
the Automotive Court. Therefore, the use is not included in the draft
Resolution.
For additional information and staff analysis of the proposed uses,
please consult. Staff Report of March 11, 1992, attached.
RECOMMENDATION: Staff recommends that the Planning Commission conduct a
public hearing, discuss the remaining issues, and take action on the
suggested Resolutions. A recommendation for issuance of a Negative
Declaration woo Id also be appropriate.
Respec illy submitted,
Hra lei
City Planner
BB: BN:OK, /mlg
Attachments: Exhibit "A" - Staff Report dated March 11, 1992
Resolution Recommending Approval for Industrial Area
Specific Plan Amendment No. 92 -02, Part B
Resolution Recommending Approval of Industrial Area
Specific Plan Amendment No. 92 -02, Part C
�bD
A.
DEVELOPMEN'P - A request for a tine extension for t'ab design review of
building elevations and detailed site plan for rI/ recorded tract map
consisting of 46 single family lots on 9.3 acres of / land in the Low -Medium
Residential District (4 -8 dwelling unite per acre) of the Victoria Planned
Community, located at the southwest corner of Highland Avenue and Milliken
Avenue - APN: 202 - 211 -48.
Motion: Moved by Tolstoy, seconded by Valiette,.' nanimously carried, to adopt
the Consent Calendar.
PUBLIC HEARINGS /
B. MODIFICATION TO CONDITIONAL USE E0.MIT 91 -03 - JAMES PAGE - A request to
modify the hours of operation and to expand the permitted uses within an
existing 103,522 square fo6t indoor wholesale /retail commercial use
located within the Gene r Industrial District (Subarea 11) of the
Industrial Area Specific lan at 11530 Sixth Street - APN: 229 - 262 -28.
(Continued from February .6, 1992.)
Chairman McN iel comments that a request had been received from the applicant
asking that the matter/be continued to April 8, 1992. He opened the public
hearing, but there war no comments.
Motion: Moved by hitiea, seconded by Vallette, to continue Modification to
Conditional Use ermit 91 -03 to April 8, 1992. Motion carried by the
following vote:
AYES: c ISSIONERS: CY.ITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT COMMISSIONERS: NONE - carried
C. ENVIRONMENTAL ASSESSMENT ANP INDUSTRIAL AREA SP AN AMENDMENT
- JACK MASI
B. A request to add an auto court use, consisting of automotive services
and related activities, as a conditionally permitted use to Subarea 7
of the Industrial Area Specific Plan.
C. A request to expand the list of permitted and conditionally permitted
.sea In Subarea 7 of the Industrial Area Specific Plan to include
certain retail and servics- related activities.
Staff recommends issuance of a Negative Declaration. (Continued from
March 11, 1992.)
Beverly Nissen, Associate Planner, presented the staff report. She stated two
letters had been received from Michael Scandiffic and one from Dick Dahl
Planning Commission Minutes -2- March 25, 1992
regarding the project. She commented that staff had not had time to analyze
the letters.
Commisei.oner Melcher asked how staff had arrived at a recommended maximum of
25,000 square feet for Specialty Building Supplies and Home Improvements.
Ms. Nissen responded that the Light Wholesale Storage and Distribution
category has a 50,000 square foot limitation but allows ancillary retail uses
in conjunction. She indicated staff felt 50 percent may be appropriate, but
the figure would be open for discussion.
commissioner Tolstoy asked why beauty supplies were added to the definition
under Pharmacies and Specialty Medical /Health Stores.
Ms. Nissen replied that beauty type supplies are often sold in conjunction
-with pharmaceutical supplies.
Commissioner Tolstoy asked if it would include jewelry.
Ms. Nissen replied that it was not anticipated that it would include jewelry.
Commissioner Tolstoy felt that beauty supplies could be construed to be an
expansion of what he had envisioned.
Chairman MCNiel noted that the public hearing was still open.
Michael Scandiffio, The Scandiffio Company, 1510 Riverside Drive, Burbank,
submitted an outline of currently permitted and conditionally permitted uses,
the current definition of Light Wholesale, Storage, and Distribution, a page
from a lease with Home Club, and proposed additions to the draft resolution
regarding land use type definitions. He commended staff's proposed
resolutions. He noted that Light Wholesale, Storage and Distribution was
already a permitted use with retail sales allowed from the premises with a
conditional use permit. He remarked that the applicant had only asked for
clarification on definitions of Business Supply and Retail Services and
Business Support Services which are permitted uses and that wholesale and
retail in permitted under the current definition. He remarked that their big
concern was on Specialty Building Supplies and Home Improvements. He felt
stores such as Dunn Edwards Paints, Carpeteria, and Wallpapers To Go, are
generally seen in Industrial areas on the fringe of Commercial development. .
He noted that at the previous meeting it had been suggested that such uses
belong in the Regional Related Commercial and he thought they would not be
able to afford the rent@. He said spaces are also generally not provided in
those areas for the small 5,000 to 15,000 square foot user. He referred to a
lease restriction from a Home Club lease. He remarked that general
merchandise home improvement stores are typically found in centers and they
generally have lease restrictions that no other store within the center shall
sell any of the home improvement items they carry in their business unless the
sales are incidental. He noted that Standard Brands is a 25,000 square foot
general merchandiser and would not be included in the proposed definition. He
felt the proposed uses are highly specialized. He said they do not locate in
regional centers but instead are in industrial areas generally off highways.
Planning Commission Minutes I8 March 25, 1992
1 e�
He noted that Ontario and Fontana have such uses and they currently cannot
come into Rancho Cucamonga. He felt the Masi site is a good lcca *_ion for
those uses. He asked for a broader definition. Mr. Scandiffio then requested
modifications to the draft resolution. He suggested that the definition of
Business Support Services be expanded to indicate it means services supporting
professionals as well as businesses. He suggested that Pharmacies and
Specialty Medical /Health Stores, Medical and Hospital Supply, and Specialty
Building Supplies and Home Improvements be limited to areas located near
Foothill Activity Centers within Subarea 7.
Doug Nye, Bishop Hawk, 2143 East ••D" Street, Suite 210, Ontario, stated he was
the broker for the Masi project. He indicated the beauty suppliee to be sold
from Pharmacies and Specialty Medical /Health Stores would not include
jewelry. He felt the expanded uses were ones that he currently drives to
other cities to obtain. He said the only auto service he intended to put
adjacent to the Auto court was Chief Auto Parts. He felt such a use could not
be buried in an Auto Court because it i9 a convenience store and needs
visibility. He felt the 25,000 square foot limitation would eliminate the
larger users and would limit the users to specialty merchandise.
Hearing no further testimony, Chairman McNiel closed the public hearing. He
noted concerns had been previously raised regarding the effect on all of
Subarea 7.
Commissioner Tolatoy did not like the addition of the verbiage limiting the
uses to areas in proximity to designated Foothill Activity Centers. He felt
that beauty supplies can mushroom into other sales and he thought the use may
be appropriate if the definition were tightened. He felt the sale of home
appliances should be limited to major appliances to preclude the sale of
toasters or irons.
Commissioner Melchor was concerned with the impression that this amendment was
to create a place for all the little uses that do not fit elsewhere in the
City. He did not feel that was a valid basis for making all the changes. He
noted that in looking at the current Table III -1, Automotive /Light Truck
Repair -Minor was originally excluded from Subarea 7 and he thought that when
the plan was originally approved, it was decided the use was not appropriate
in the subarea. He questioned if it was appropriate to abandon the plan just
because an applicant now wished to add the use. He was not sure the use
fits. He also questioned if transmission repair would not crone into the
Automotive /Truck Repair -Major definition and did not feel such a use would be
appropriate in an Auto Court. He thought the plan already permits a wide
variety of uses and he felt allowing the requested uses may result in leap-
frogging along Foothill Boulevard. He said there is a nucleus of good retail
at Foothill and Haven and approved projects in the vicinity of the interchange
between Foothill and the I -15. He thought that if time were allowed to pass
and normal maturation of the need for the land would occur that the logical
uses would eventually emerge. He thought the uses in the plan or other uses
may be correct, but he questioned if it was appropriate to emend the plan at
this time.
Planning Commission Minutes bh_ March 25, 1992
(D �)
Commissioner Chitiea concurred with Commissioner Melcher. She noted that in
Mr. Scandiffio's March 24 letter he indicated they had not propose that the
entirety of Subarea 7 be changed to accommodate all of their proposed
conditionally permitted uses, and in fact they believe it is undesirable to do
SO. She felt that if a use is to be permitted in one part of a subarea of the
Industrial specific Plan, it would be appropriate to make those uses available
to other properties in the subarea. She remarked that the subareas are
already rather limited in size. She did not feel it would be fair to allow a
use for one property, but not for others. She thought it may result in
shoehorning in a use just because someone thought it may work. She agreed
that transmission repair should not be included. She was uncomfo =table with
moving the area into a retail type of area because she felt there are other
areas in the City to accommodate most of the proposed uses. She did not
support changing the plan for one user.
Commissioner Valletta stated she is anxious to see the project move forware
and she felt it will be an asset to the City. however, she felt that Subarea
I is a well thought -out plan. Sne thought there is currently enough
Commercial along Foothill Boulevard. She felt that perhaps in the future
after further development along Foothill Boulevard, there may be a need for
more commercial, but it was not apparent at this time. She had reservations
about amending the plan other than adding the Auto Court use.
Chairman McNiel felt leap-frogging is relatively common because the land is
not owned by one developer. He noted that in certain areas of Southern
California development has occurred with a given use, and in a short time that
use has been converted to a higher use as driven by the market. He felt that
the proposed uses are a good set of uses. He was not sure the uses needed to
be expanded to the extent the applicant was requesting, but he felt the Auto
Court is something the community could use and the mitigations through design
review could be met. He thought perhaps the design could be improved,
however. He thought the liklihood of encountering problems with the balance
of Subarea 7 is minor.
Commissioner Melcher stated that he did not mean to suggest that he does not
believe in the property owner's right to develop at this time, but he was not
convinced it is appropriate to change the plan which was considered in the
context of the entire community in order to enable a single project to proceed
at this time.
Commissioner Chitiea concurred
Commissioner Tolstoy asked if Chairman McNiel felt that all of the proposed
activities fit in with what is already allowed in Subarea 7.
Chairman McNiel did not feel all of the proposed uses should necessarily be
added. He asked if the Commissioners would like to consider the list. He
felt that in Automotive Service Courts the developer should know that service
bays would need to be adequately screened.
Commissioner Chltiea noted that the removal of the requirement to have service
bays face the rear of the buildings was to allow greater flexibility in order
Planning Commission Minutes x-51 March 25, 1992
1 cy
for the moat screening and best design, to be achieved. She did not feel they
should be visible from Foothill Boulevard under any circumstance and she
preferred that they not be visible from the main entry. She saw no need to
chance the plan because she felt there are enough other appropriate locations
within the City, including automotive parts stores along Foothill Boulevard
and on Archibald Avenue. She felt a service station may be appropriate, but
she was nos in favor of an Auto Court.
Commissioner Valletta indicated she was under the impression that auto
supplies was part of the proposed retail uses.
Chairman McNiel responded that the applicant had indicated that auto Supplies
is part of the proposed retail uses, not to be located within an cuto court.
He remarked that the applicant wants to put the automotive supplies on the
street as he feels it needs to attract casual shoppers.
Commissioner Valletta felt an Automotive Service Court would be useful to the
City and would not be a problem with all of Subarea 7.
Commissioner Tolstoy supported the Auto Court but he was opposed to auto parts
store. located outside of an Auto Court. He did not feel such a use would be
appropriate in Subarea 7 unless within an Auto Court.
Commissioner Melcher hoped that the Commission wuuld direct Staff to rework
the definition so that it is clear that the uses under the Automotive /Truck
Repair -Major should not take place in an Auto Court. He did not feel heavy
duty automotive work Such as transmission repair, engine rebuilding, or body
shops would be appropriate.
Commissioner Tolstoy agreed that industrial type truck repairs or major
overhauls should not be included.
Chairman M.c Niel noted that under Specialty Building Supplies and Home
Improvements there was a suggested maximum sire of 25,000 square feet.
Co..ieeioner Chitiea opposed the use as a form of retail. She noted that
25,000 square feet is a large ouilding. She stated she could understand
specialty uses, but she felt the definition of specialty would need to be
enhanced because she was concerned the use would grow to include Standard
Brands Pain'. or Builder's Emporium types of uses.
Chairman McNiel felt that none of the general home improvement companies would
be under 40,000 square feet,
Commissioner Valletta felt the concern was with a variety type home
improvement store as opposed to a specialty type store.
Commlesipner Chitiea felt specialty stores may be appropriate.
Commissioner Valletta did not oppose specialty Building Supplies as a
conditional use.
Planning Commission Minutes 4tr+. March 25, 1992
1 05
Commissioner Toletoy asked if the other commissioners agreed with the
requested changes made by Mr. Scandiffio.
Chairman MCNiei noted that the applicant was suggesting that the uses be
limited to Foothill. He did not feel that the term "professionals" needed to
be added under Business Support Services, as he felt the definition was
sufficient.
commissioner Melchor suggested that if the olar were amended, that additional
restrictions be added to Indicate that all storage, display, and sales
activities would take place inside enclosed buildings with no merchandising
outside.
Chairman McNiel thought there is a provision for sidewalk or parking lot sales
several times per year under current code.
commissioner Toletoy noted the Commission was trying not to have retail
activities and sidewalk or parking lot sales would be retail activities. He
said he understood it to be home building supplies and he did not feel
sidewalk sales should be permitted.
Brad Buller, City Planner, asked if the Commissioners wanted to only take
action on some of the uses proposed under Part C or if they felt Item C was
appropriate at all.
Commissioner Valletta felt that the already designated permitted and
conditionally permitted uses in Subarea 7 would be appropriate for the
applicant's project and the project should be reflective of the approved uses
without expanding them beyond the Auto Court use.
Commissioner Melchor agreed that the project ahould be able to stand on the
merits of what the industrial Area Specific Plan already permits. He felt the
Auto Court use would probably prevail and he thought it would be appropriate
to deny Part C.
commissioner Chit {ea concurred.
Chairman McNiel called for a motion on Part B. He asked what modifications
had been requested.
Mr. Buller stated that Commissioner Melchor had requested that the definition
make it clear that major truck repair would not be an acceptable use. He
asked if the Commissioners objected to the heavy automotive repair uses, ouch
as transmission repair, or the size of the vehicles.
Commissioner Melchor suggested that the definition be modified to delete
transmissions and general auto repair.
Dan Coleman, Principal Planner, suggested adding a statement that services
typically provided in the category "Automotive and Truck Repa Lr- Major" would
be specifically prohibited.
Planning Commission Minutes 61 +, March 25, 1992
(P (P
Commissioner Melchor noted that he planned to vote against the amendment even
with the suggested changes.
Commissioner Tolstoy stated he was in support of the Auto Court and he
supported the mod..fications suggested.
Commissioner Chitiea agreed.
Chairman McNie1 wanted to be sure that such things as tail light replacement
could be performed.
Mr. Bvller noted that the remainder of the definition should cover such
things.
Motion: Moved by McNiel, seconded by Tolstoy, to recommend issuance of a
Negative Declaration, and adopt the resolution recommending approval of
Industrial Area Specific Plan Amendment 92 -02, Part 8. Motion carried by the
following vote:
AYES: COMMISSIONERS: MCNIEL, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: CRITIEA, MELCHER
ABSENT: COMMISSIONERS: NONE - carried
Commissioner Chitiea asked if the resolution for Part C could be modified to a
resolution recommending denial.
Ralph Hanson, Deputy City Attorney, felt it would be better to direct staff to
prepare a resolution of denial in order to beet convey the opposition
expressed by the Commission.
Motion: Moved by Chitiea, seconded by Melchor, to direct staff to prepare a
resolution of denial for Industrial Area Specific Plan Amendment 92 -02,
Part C, for adoption at the April 8, 1992, Planning Commission meeting.
Commissioner Tolatoy requested that the resolution indicate that Subarea 7 has
been designed as a transition area between the heavy industrial portions of
the City and the retail and residential areas and the Commission feels it
should remain as a buffer area.
Commissioners Melchor and Valletta concurred.
Commissioner Chitiea noted that one of the reasons the area was so designated
was to protect the Commercial retail areas in the City eo there in not so much
saturation that no centers will be successful.
Chairman McNiel felt the proposal was a reasonable transitional use and that
some of the requests made by the applicant would work in that area.
Planning Commission Minutes x-81 March 25, 1992
1 L,
CITY OF RANCHO CUCAMONGA
STAFF REPORT
DATE: April 8, 1992
TD: Chairman and Members of the Planning Co nission
'r Ix?M: Brad Buller, city Planner
BY: Beverly Nissen, Associate Pianner
SUBJECT: ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC PLAN
AMENDMENT 92 -02 - JACK MASI
C. Resolution of Denial for a request to expand the list
of permitted and conditionally permitted uses in
Subarea 7 of the Industrial Area Specific Plan to
include certain retail and service - related
activities. (Continued from March 25, 1992.)
BACKGROUND: The Planning Commission held hearings on this amendment
request at their meetings of March 11 and 25, 1992. At the March 25
meeting, the Commission discussed the appropriateness of the requested
amendment and determined that additional retail uses were not
appropriate within Subarea 7 of the Industrial Area Specific Plan. At
the close of the hearing, the Commission directed staff to draft a
Resolution of Denial for their approval.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached Resolution of Denial.
Respec ].ly sub ed,
Z grad Ller
1, Planner
Ba:BN /Ifs
Attachments: Resolution of Denial for ISPA 92 -02, Part C
l�3rT Rya
RESOLUTION NO. 92 -�4
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT NO. 92 -02, PART E, TO ADD AN 'AUTOMOTIVE
SERVICE COURT' USE CONSISTING OF AUTOMOTIVE SERVICES AND
RELATED ACTIVITIES AS A CONDITIONALLY PERMITTED USE
WITHIN SUBAREA 7 OF THE INDUSTRIAL AREA SPECIFIC PLAN,
AND HARING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) Jack Masi has filed an application for Industrial Area Specific
Plan Amendment 92 -02, Part B. as described in the title of this Resolution.
Hereinafter in thin Resolution, the subject Industrial Area Specific Plan
Amendment request is referred to an "the application."
(ii) On the 11th day of March 1992 and the 25th day of March 1992,
the Planning Commission of the City of Rancho Cucamonga conducted a duly
noticed public hearing on the application and concluded maid hearing on March
25, 1992.
(iii) All legal prerequisiteR prior to the adoption of this Revolution
have occurred.
B. R6aelntiOn.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the CitJ of Rancho Cucamonga as follows.
1. This Commission hereby specifically finds that all of the facto
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Rased upon substantial evidence presented to this Commission
during the above- referenced public hearing on March 13, and March 25, 1992,
including written and oral staff reports, together with public teatimony, this
Commission hereby specifically finds as follows
(a) The application applies to propert low located within
Subarea 7 of the Industrial Area Specific Plan; and
(b) The proposed amendments will not have a significant impact
on the environment as evidenced by the conclusions and findings of the Initial
Study, Part II.
3. Rased upon the substantial evidence presented to this Commission
during the above - referenced public hearing and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Commlssion haraby finds and
concludes as follows:
(a) This amendment does not conflict with the Land Use Policies
of the General Plan and will provide for development within the district in a
manner consistent with the G naral Plan and with related development; and
l�°�
PLANNING COMMISSION REcQLUTION NO.
ISPA 92 -0282 - JACK MASI
March 25, 1992
Page 2
(b) The proposed amendment is consistent with the objectives of
the Industrial Area Specific Plan, and the purposes of the district in which
the site is located; and
(c) The proposed amendment is in compliance with each of tha
applicable provisions of the Industrial Area Specific Plan; and
(d) The proposed amendment will not be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
(e) The proposed amendment will not be detrimental to the
objectives of the General Plan or the Industrial Area Specific Plan.
4. This Commission hereby finds and certifies that the proposed
amendment has been reviewed and considered for compliance with the California
Environmental Quality Act of 1970 and, further, this Commission hereby
recommends issuance of a Negative Declaration.
S. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby resolves as follows:
(a) That the Planning Commission of the City of Rancho
Cucamonga hereby recommends approval of Industrial Arta Specific Plan
Amendment No. 92 -02, Part B. amending Table III -1, page IV -48, and Table
III -2, as attached.
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS 25TH DAY OF MARCH 1992.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
ATTEST:
I. Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular muting of the Planning Commission held
on the 25th day of Sarch 1992, by the IoLlowing vote -to -wit:
AYES: COMMISSIONERS: MCNIEL, TOLSTOY, VALLETTE
NOES: COCMISSIONERSn CMITIEA, MELCNER
ABSENT: COMMISSIONERS: NONE i �0
sommimill
TABLE III -1
SUMMARY CF LAND USE TYPE BY SUBAREA
. PERMITTED USE + CONDITIONALLY PERMITTED USE NOTE: Non -marked Use$ Not Permuted
USE TYPES Lend Use- IP GI GI GI GI GI IP IP GI eyes GI GI IP GI GI HI's IP IP
Subareas HO 1 2 3 0 5 6 8 p 10 11 12'13 14 15.1617
dANUFACTURING
Custom •Isle •;.I• L.A •1.1• *,
Heavy ! 1 1 i I
Ica �•le'I
Las ♦r I•ISM•'I I N�•ITIr F..i•l
Research so.leoo I fV• [is I.
0•
0 f`�•I47•1i�•�.�
WHOLESALE STORAGE 6 DISTRIBUTION I 1
Pueg• Storage
i _
#
• } 4
Light •
Measure
Measure �.
• •
�
• •
♦let
• •
{�•
• • • •—y� [�ar-yfI e
[—a —I • pal• �
H•avy
• o
COMMERCIAL
1
APlmatecWNw•ery Supplies S 34"IC"
•
• - • • ,.
Animal Car.
+1
14I1�+
+_ {+
Autoecullve Fleet Storage
i#
+1
+ T I I
Aatemolly Resist /LU•Ing
•
4
•
•
+'
+
ij
+ • 14 + +
Autemadv. /UgM Tuck R•p.i -rmr
#
4
• I �.I
I
Automotive /Truck ROP111 -Malor
•
+
•
• • +'} +
AMtg the •alc
�
+
+
'Automotive Service Court
Auto bOtN• SMic• Statbn
4
+
♦
+
+
4
: 4 + +11
eulWing c4awr.ctd. Office S yards
4
4
� e
Sailding Contractor'. Storage Yard
Riw�e YltManwlpe S•n16ee
•
•
• . . e I . i
SWIM ALlgnang Equimma SUPP"SaSr•s
Suer ss, guppy Rat" • gsrvlees
•
.
i
•
+
+
a
•
+
•
•
t
•
•
•
• • + e 41+ • 1
• i • �J • •
• 4 4 • • e I-,'i • + . e
Su•In•ss Support Services
•
+
Convem•nc• Sales a Services
Eaf11q a Drinking EXU*do wecnb
I +
a
+
+
•
+
+
•
+
♦ j
•
♦
+ 4 # 4 + + } 4 4 1 4
.
Entertah.wart
}
}
+
♦
+ 4 + + +
E:tarrlr• Mlpect Coww onW
+'
Foot Food Solos
+
4
}
•
4
4
4 + + + +'
4 • n
Fln•ncle4 wwranc• S Mel Eatal• erN•M
Food • Beverage Sr.e
•
4
4
+
4
•
4
4
4 + 4 4 } II ♦ • +' +' +' +
PN+
Forecast • Creitrlan S.nbes
4.
4
l I
Heavy Egulproant Salve • Rontaec
♦
+
#
+
+
mmeUMotel
+
•
• l....I (r
Laundry S.rvkes
Mr.t•e
•
•
•
•
4
4
4
• • 1 . • 1
4 �. + I + I I• I f
MsogvN§60 Can
P.reoesl er"ces
4
4
+
+
+
4
+ +
P.polast• IRe*M1• ttrmge
+ + +
R•cre6urMl Facilities
+
+
+
♦
+
♦
+
♦
e + 1 # + •
su par S.nUec.
.
+
•
1
• e
Scrap O •tl.e
,
+
CIVIC
Adnec•.treU" Chia
•
•
e
!
• • • I • • . y
cunrat
•
4
+
4
+ �+. + +
weaMlve "%met tltt•ty reegNw
+ + �.c-11 LA
Flood Contra /lRMty CrrWr
•
♦
+
►
+ 4 ♦ 41 # 01 + tit
ItMc Asseff"
Puelio Safely a Utility S.niC«
+
+3
+1
4
+
+
+
4 4 + ... + + + +
Resghaus As..naH
+
+
4 + l 1+
IP ^Industrial Park Gi -Genial Industrial
HO -Msv*n Ave. Overlay District
1 1I
ri1_5
MI/HI- Mlnlmum Impact Hu•r 1nd�aln •�
HFHUavy Industrial
Revised: 1 20 e
R 15 c
SUBAREA 7
Land Use Designation Industrial Park
Primary Function Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge
between the City's Industrial Area and community
oriented non - industrial area and is a gateway to the
City. A major industrial, office, and commercial
development on approximately 300 acres is currently
undergoing phased construction. Within this area is a
planned Civic Center which will include San Bernardino
County and City offices.
Permitted Uses Custom Manufacturing
Light Manufacturing
Administrative and Office
Professional /Design Services
Research Services
Light Wholesale, Storage, Distribution
Building Maintenance Services
Business Supply Retail Sales and Services
Business Support Services
Commanication Services
Eating and Drinking Establishments
Financial, Insurance and Real Estate Services
Hotel /Hotel
Administrative Civic Services
Flood Control /Utility Corridor
Conditional Uses Automotive Rental /Leasing
Automotive Sales
Automotive Service Station
Convenience Sales and Services
Entertalrment
Fast Food Sales
Food and Beverage Sales
Medical /Health Care Services
Personal Services
Recreation Facilities
Cultural
Public Assembly
Public Safety and Utility Services
Religious A
Automotive Servi ce
Court
T2_
iv -4B
TABLE III -2
ADDITION TO: LAND USE TYPE DEFINITION`
AUTOMOTIVE SERVICE COURT: An integrated cluster of related automotive
service activities, which typically include: gas stations; service
stations, with or without ancillary uses such as car washes and food
marts; automotive service and repair including mufflers, shocks,
alignments, brakes, oil change, lubrications, tuna -ups, emog checks, and
tire repair and replacement; installation of air conditioning, car
phones, stereos, windshields and upholstery; windshield tinting; sale of
auto parts; and other related services. Servicae typically provided in
the category "Automotive and Truck Repair - Major" are Specifically
prohibited.
Auto Courts shall comply with the following design criteria:
- Maximum Size: 4 acres.
- Must be anchored by a gas or Service Station.
- Maximum frontage along a major or secondary arterial street:
300 feet.
- No access to the site will be permitted directly.off any major
arterial.
- service bays and pump islands shall be screened from all major
and secondary arterial• through a 'combination of berms,
Landscaping, low walls, and building orientation.
- An appropriate combination of berms, landscaping, and
architectural element■ shall be provided around the entire
perimeter of the site to minimize the impact of the auto court
uses from the existing and future surrounding uses.
- Outdoor storage of inoperative vehlcles, parts, or equipment is
prohibited.
- All work shall be conducted indoors.
- All signage shall be limited to signs approved under a Uniform
sign program.
n5
RESOLUTION NO. 92-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING DENIAL OF
ENVIRONMENTAL ASSESSMENT AND INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT 92 -02, PART C, TO EXPAND THE LIST OF
PERMITTED AND CONDITIONALLY PERMITTED USES IN SUBAREA 7
OF THE INDUSTRIAL AREA SPECIFIC PLAN AND MAKING FINDINGS
IN SUPPORT THEREOF
A. Recitals.
(i) Jack Mani has filed an application for Industrial Area Specific
Plan Amendment 92 -02, Part C, an described in the title of this Resolution.
Hereinafter in this Resolution, the subject Industrial Area Specific Plan
Amendment request is referred to as "the application.'
(ii) On March 11 and 25, 1992, the Planning Commission of the City of
Rancho Cucamonga conducted duly noticed public hearings on the application and
concluded said hearings on March 25, 1992.
(iii) At the March 25 hearing, the Commission directed staff to
prepare a Resolution of Denial for adoption at the meeting of April B, 1992.
(iv) All legal prerequisites prier to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
.at forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above - referenced public hearing on March 11 and 25, 1992, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to properties located within
Subarea 7 of the Industrial Area Specific Plan; and
(b) The General Plan designates the area south of Foothill
Boulevard between Deer and Day Creaks as part of the Industrial Area Specific
Plan; and
(c) The purpose of the Industrial Ara Specific Plan is to
provide a broad range of primarily industrial and business support activities;
and
(d) The intent of the "Industrial Park" designation is to
reserve land for light industrial uses, office and administration facilities,
research and development laboratories, support businesses, and commercial
service user, and
131T a
-� ly
PLANNING COMMISSION '. JLUTION NO. 2 -Si
ISPA 92 -02, PART C - SACR HAST
April 9, 1992
Page 2
(e) The applicant's request would add an extensive range of
retail type uses (including Specialty Building Supplies and Home Improvements;
Pet Stores, Pat Care, and Recreational Supplies and Services; and Home
Furnishings and Appliances) to the list of uses already permitted in Subarea
7, Industrial Park; and
(f) The extent of the retail uses requested is not consistent
with the intent of Subarea 7, Industrial Park, and the retail ones proposed
are only appropriate in areas zoned -Commercial-; and
(g) There is already a more than adequate amount of land
designated for such commercial uses throughout the community. According to
the General Plan, there are currently 839 acres of vacant land designated for
a wide variety of commercial uses. The creation of additional land zoned for
such uses would adversely impact the existing and already planned retail areas
within the City; and
(h) Foothill Boulevard between Day and Deer Creeks is an
impertant land use edge between the city's Industrial Area and community -
oriented non - industrial areas to the north;
(i) The intent of Subarea 7 is to function as a transitional
area between the General Industrial areas to the south and the
Commercial /Retail and Residential areas to the north of Foothill Boulevard.
3. Based upon the substantial evidence presented to this Coasnieaion
during the above - referenced public hearings and upon the specific findings of
fact. set forth in paragraphs 1 and 2 above, this Commission hereby finds and
concludes as follows;
(a) This amendment does conflict with the Land Use Policies of
the General Plan and will not provide for development within the district in a
manner consistent with the General Plan and with related development; and
(b) That the proposed amendment is not consistent with the
objectives of the Industrial Area Specific Plan and the purposes of the
district in which the site is located; and
(c) That the proposed amendment is not in compliance with each
of the applicable provisions of the Industrial Area Specific Plan; and
(d) That the proposed amendment will be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
(e) That the proposed amendment will be detrimental to the
objectives of the General Plan or the Industrial Area Specific Plan.
a. Based upon the findings and conclusions set forth in paragraphs
1, 2, and 3 above, this Commission hereby resolves as follows;
7�S
PLANNING COMMISSION OLUTION NO. 92 -39
ISPA 92 -02, PART C - ACA MASI
April 8, 1992
Page 3
(a) That the Planning Comoiaeion of the City of Rancho
Cutacoonga hereby recommends denial of Industrial Area Specific Plan Amendment
9202, Part C, to amend Table III.1, page IV -48, and Table III -2, ae attached.
5. The secretary to this Comt isaion shall certify to the adoption
of this Resolution.
APPROVED AND ADOPTED THIS SIR DAY OF APRIL 1992.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
ATT
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Coaaiseion of the
city of Rancho Cucamonga, at a regular meeting of the Planning Commission hold
on the 8th day of April 1992, by the following vote -to -wit:
AYES: COMMISSIONERS: CEITTEA, MCNIEL, MELCMER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS:yONE
ARSENT: COMMISSIONERS: NONE
l 7l-
f omG
'iti(M >M
I
TABLE 111-1
SUMMA. .' OF LAND USE TYPE BY SU. .REA
PERMITTED USE + CONDITIONALLY PERMITTED USE NOTE: Non - marled Uses Not Permltt6d
Lane Vu' IP DI GI d GI Id IP GI GI OI IP GI W IP'. IP
USE TYPES
14'1]
1.
SuDSroa• HO i 4 ]! • 6 6 •' LO!11' u t 116,1)
1 T s
MANUFACTURING
Cu•tow I Wild • LACI • im
0
•
•�•.
•'
Licht w 'a
+ •'
• I�
;.
• ;�
•
•
lam
•
• •
Mary
IIY1aa1 11a
OFFICE PROFESSIONAL DESIGN A RESEARCH
Aar•bMrnw• a •
•
4 .
•
+
Protu•iomvo.agn services • +I I
+ '
+I
• I
• 1♦
1+
• I+
+
se•eemh MTIw•
vvvi
WHOLESALE STORAGE a DISTRIBUTION
amr•••
+
♦
•
+
+
•
LI•M
'•
•i•'♦
•
•
•I
•
••
tares.
.
+
Hurt
A
+
COMMERCIAL
A.rllrtler/Mrewy fWp••• • WYILa
Amm•I cw I
#
+
I
#
'
4
+
#
A.f•brN• FN.t alar•w I
+
AolomoUV• Rental /Lea•Ins 1
•
•
•
+
♦
4
•
+
# +
ArareM•• /tl•kt Truck IN'p•.�
+
#
Awomotly /Truck R•p.k-Motor
!•
+
•
•
•
♦
+
+
ANanIM $ra
+
Awanow• s•rs" Staten
+
+
4
+
4
4
+
4
#
4
+
+
.✓lame C•.Inatd. O"Mo a Vards
+
4
swldkro Contests/. stray Yore
madmi M•alMlye• $sry -
BweatsaLlaRbs EaurraR lkpt♦e•a saes
•
+
•
♦
+
•
•
+
•
4
I.
flab.•. skimmi tt•t•E a 11/eba
or
Bu•Ywa .4lppot" S.rYNa
•
+
•
•
+
•
•
•
♦
+
•
•
•
•
4
C�ence $r•10a
Conrerenc• S•W • B.yrle•s
#
4
#
♦
4
4
+
4
4
+
4
#
+
+ ♦
a•be a Oyatkfw Gtmogb spy
EeHMalmaMmn _ _
+
+
#
+
#
+
+ +
Ezt.IMN• empea Comow"
Fat Food SM•.
4
i
+
+
4
+
+
+
+
# +
Fm palrr. baea.w a 6•r Koh" $r•bw
•
-
.
•
+
Fooe a fl•Yrsa See.
4
+
4
4
♦
+
4
+
+
+
+
+
4
4
4
+ +
Her a assess $rr.•e -
4
4
+
Heavy Eoubsuat sr•. a Rarnb
♦
+
+
#
+
+
+
+
HelmiNkii
Laundry s•rvica
tens N[M"M era tl..e.' ... -
•
_
+
♦
+
,.Medical Hospital Supply
porlpry 94"ea
+
♦
4
+
+
4
♦
+
4
4
+
+ 4
fLba.at H.saa. alsa$(. ..
_
_
4
4
Pharmacies G Specialty
1�
T
Medical /Realth Stores
'
R•eneUwrY F•oaBr
#
4
4
4
4
4
+
♦
•
4
+
+
•
i
•
• 1
Allow *Wwbw
scrw Owmace
+
Specialty Building Supplies
and Rome Improvement•
CIVIC
Cultural
•
+
+
4
4
4
+
#
4
aamml*" sled Dew , remm*n
+
Flood CWVWr L bly Caner
i
Tt Y. As••.aly
+
+
♦
♦
+
+
+
Public safety L LRMV $•rvka
+
+
+ +
+
4
4
4 4
+
4
+
4
4
+
#
+
4
4
IP- Ineu.W.1 Park GI- fieyl.l Industrial MI /NI-MW Am Impact Hay boustrl•l
HOil.va Ave. Overlay District tHe.vy edawr
I ) I Reeked: 1140/6$
I11 -5 6/1s/90
3106191
TABLE III -2
ADDITION TO: '-AND USE TYPE DEFINITIONS
C. co.LMEP,CIAL USE TYPES
Business Supply Retail and Services: Activities typically include, but are
not limited t... retail sales, rental or repair Erna the premise& of office
equipment, furnishings, and ef£4ee supplies, and Similar effiee geode
primarily ie firms, and ether ergenieetiene etilising the goods rather then to
individeals excluding materials used in construction. whey exelade the Sale
of material. toed in censtrtetlen of heildl.ge or ether struetures.
Business Support Services: Activities typically include, bur are not limited
to: services which support the activity of businesses, firms such as,
clerical, employment, protective, messenger /facsimile services, postal /mail
receiving and packaging, and minor processing, including blueprint services
and muiti- copying of pamphlets and small reports for another f4vm� Activities
not included in this classification are the printing of books and services of
a personal nature.
Home yuraishings and Appliances: Activities typically include, but are not
limited to: sale of base furnishingn (finished and unfinished), ligbting,
bedding, rugs and other accessories, used furniture; hoes furnishings repair
and reupboletery; sale of hose /garden appliances, televisions, VCRs, car
pbons, sterns and video equipment, telephones and other consumer
electronics. The ma;dmium site of any user is limited to 30,000 square feet.
Pharsacles and Specialty Medical/Health Stores: Activities typically include,
but are not llsited to: Sale of prescription and •over- the - coaster• drugs,
health and diet products, and incidental Sales of beauty Supplies. Uses
excluded from this category arm general merchandise -drug stores.•
Medical and Hospital Supply: Activities typically includes but are not
limited to; eels and rental of inedical/hospital equipment, supplies, and
prosthetic devices.
Personal Services: Activities typically include, hat are not limited to:
information, instruction and similar services of a personal nature; does
typically inelsdet bet are net lim4ted ter such s, computer training,
driving schools, day care facilities, travel bureau&, and
art /meek /dance /wariisl &rte /pbotographic phetegsephy studios.
SpecialtL Building QuppLlos and Home Improvements: Activities typically
include, but are not limited to: retail and wholesale sales and installation
of Specialty its:, such as paint, wall /floor/window coverings, doors and
windows, building materials, hardwarS, plashing and electrical supplies, bath
and kitchen fixtures and supplies, lighting, swiaaing pools and supplies, and
garden furnishings, materials and Supplies. Activities shall be conducted in
enclosed buildings of 25,000 squats feet or less. Uses excluded from this
category are general merchandise stores.
SUBAREA 7
Land Use Designation Industrial Park
Primary function Subarea 7 occupies an area directly south of
Foothill Boulevard which represents an
important land use edge between the City's
Industrial Area and cotmminity oriented non-
industrial area and is a gateway to the
City. A major industrial, office, and
commercial development on approximately 300
acres is currently undergoing phased
construction. Within this area is a planned
Civic Center which will include San
Bernardino County and City offices.
Permitted Uses Custom Manufacturing
Light Manufacturing
Administrative and Office
Professional /Design Services
Research Services
Light Wholesale, Storage, Distribution
Building Maintenance Services
Business Supply Retail Sales and Services
Business Support Services
Communication Services
Eating and Drinking Establishments
Financial, Insurance and Real Estate Services
Hotel/Hotel
Administrative Civic Services
Flood Control /Utility Corridor
Conditional Uses Automotive Rental /Leasing
Automotive Sales
Automotive Service Station
Convenience Sales and Services
Cultural
Entertainment
Fast rood Sales
Food and Beverage Sales
— 7>Home Furnishings and Appliances
Medical /Realth Care Services
— Medical and Hospital supply
Personal Services
Pharmacies and Specialty Medical Stores
Public Assembly
Public Safety and Utility Services
Recreation Facilities
Religious Assembly -
Specialty Building Supplies and Home
Improvements
Vl�
IV -48
ORDINAh CE NO. 19('�,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING INDUSTRIAL AREA SPECIFIC
PLAN AMENDMENT 92 -02, PARTS A & B, ELIMINATING DESIGNATED
ACCESS POINTS ALONG ROCHESTER AVENUE BETWEEN FOOTHILL
BOULEVARD AND ARROW ROUTE, AND ADDING AN " AUTOMOTIVE
SERVICE COURT" USE CONSISTING OF AUTOMOTIVE SERVICES AND
RELATED ACTIVITIES AS A CONDITIONALLY PERMITTED USE
WITHIN SUBAREA 7, RESPECTIVELY - APN: 229- 011 -10, 19,
21, 26, 27, AND 22,
The City Council of the City of Rancho Cucamonga does hereby ordain
as follows:
SECTION 1: Part A', Figure I11-9, is hereby amended as shown on the
attached Exhibit "A."
SECTION 2: Part III, Table III -1, is hereby amended to read, in
words and figures, as shown in the attached Exhibit "B."
SECTION 3: Part IV is hereby amended to add "Automotive Service
Court ", as�., conditionally permitted uses within Subarea 7 as shown in the
attachexh iba' ^C.'^ ,,� , �', M
SECTION 4: Part III, Table III -2, Subsection D, land use type
definition for "Automotive Service Court ",is "hereby added to read, in words
and figures, as follows: ,1
AUTOMOTIVE SERVICE COURT: An integrated cluster of related
automotive service activities, which typically include: gas
stations; service stations, with or without ancillary uses such as
car washes and food marts; automotive service and repair including
mufflers, shocks, alignments, brakes, oil changes, lubrications,
tune -ups, smog checks, and tire repair and replacement; installation
of air conditioning, car phones, stereos, windshields, and
upholstery; windshield tinting; sale of auto parts; and other related
services. Services typically provided in the category "Automotive
and Truck Repair - Major" are specifically prohibited.
Auto Courts shall comply with the following design criteria:
- Maximum size: 4 acres.
- Must be anchored by a gas or service station.
- Maximum frontage along a major or secondary arterial. street:
30U feet.
- No access to the site will be permitted directly off any major
arterial.
ISO
CITY COUNCIL ORDINANCE N0,
ISPA 92 -02, PARTS A b D - JACK MASI
May 20, 1992
Pace 2
- Service bays and m:mn islands shall he screened from all major
and secondary arterials thrnuoh a combination of berms,
landscaping, ]ow walls, and bu4 ldinq orientation.
- An appropriate combination of berms, landscaping, and
architectural elements shell be provided around the entire
perimeter of the site to minimize the impact of the auto court
uses from the existing and future surrounding uses.
- Outdoor storage of inoperative vehicles, parts, or equipment is
prohibited.
- All work shall be conducted indoors.
- All signage shall be limited to signs approved under a Uniform
Sign Program.
SECTION 5: This Council finds that this amendment will. not adversely
effect the environment and hereby issues a Negative Declaration.
SECTION 6: The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
SECTION 7: The Mayor shall. sign this Ordinance and the City Clerk
shall cause the same to be published within 15 days after its passage at least
once in the Inland Vallev Daily Bulletin, a newspaper of general circulation
published in the City of Ontario, California, and circulated in the City of
Rancho Cucamonga, California.
FIG. IV4
SUBAREA 7
tt
1
1
+� v
Y
smsmi! b mmwtte 10
�
Y.r r....
KVACK
m 06.1..4: I /ifA1
'IY irw M.w rf W M Gr.Y1�..w.r.v 1. W IKrY. M. y.c
IY /..I.Y� M • rl. Y Y...ICYIw Y . M.MMr W...J IM r1
.yr.M.M r..... Cn. •..4r..
.�
r
TABLE III -1
SUMMARY OF LAND USE TYPE BY SUBAREA
• PERMITTED USE + CONDITIONALLY PERMITTED USE NOTE: Nan - marked Uses Net Parmltt•d
...a yyPFB Land UN" IP I G11 GI I GI G! I Gl l IP IP I Gl `v%J GI I GI I IP I61 I GI I HI I IP 1101
Subareas iHO 11 2. 9 A 5 6 7 6 • IW11 12 13'141161161171
MANUFACTURING 1 1 1
' I I
I
Custom I lit I I S
• 1
•
s • •
•
•
t
•
•
Ught
M�•aryn
I
j
Wrecker, impact Hea
OFFICE PROFESSONAL DESIGN & RESEARCH
I
I
I
I
1
1
AdmWrraUV• • le•
or!
• lot
{�
•
+
Prol•salonal /D•aln Services
•
+
}
+
•
•
}
+
s
}
+
Research 6•rvb••
•
•
•
•
•
'
•
t
WHOLESALE STORAGE k DISTRIBUTION
I
I
I
I
I
i
Pnrn storey
+
+
•
+
4
LiAM
•
•
•
•
e
•
•
•
•
•
•
•
•
•
0
M•fr
•
+
•
•
•
•
•
Heavy
4-1
•
+
COMMERCIAL
I
i
I
I
I
I
l
AlplalatlesVHlrs•ry Supplies A Services
•
a
19L
•
_
•
.2
Animal Car*
+
+
+
+
}
+
-
A•tasrotlr• F1Nt stomps
4
+
+
ANdnOUVO R•rHal /Leas"
•
•
.
+
+
+
•
+
+
+
Automouwe /UOM Trust R••aa -srlr
+
}
•
+
-
•
Automolly / Trucp Raosk -Major
•
+
•
je
•
+
+
+
AWNW4tJNe Sales
+
+
�!
Automotive Service Court
!
Automotive Service station
+
+
+
+
+
}
+
+
+
+
+
+'
Sulklika Co rtrud•r. Drilled a rar"
#
+
•
a
SuNding ContraetWe Staraye Yard
St ain MaMtattallea Serrla•a
•
•
•
•
•
•
•
Behar it Aughtinll Eslapn•rrt SupP010848e16
•
+
a
+
+
•
•
+
•
+
+
•
Su•Y••• supply stars a Ssrals•,
•
i
•
•
•
-6
•
Business Support Svas
•
•
+
•
•
4.
•
•
•
}
+
•
•
•
•
}
CarnnadeSUS• srvtesa
•
'-
•
•
•
•
•
•
f
Coevnlanos Sal• A Serves,
4
4
+
t
4
4
+
+
+
+
+
+
+
+
+
+
+
+
as"" A DraatM ssiaSAelwmrd•
•
•
•
•
•
•
•
s
•
Entirtatsn•nt
+
+
+
+
+
}
+
+1
ENtwni•s Impact Conomr•Ia1
Fact Fired Sala
}
4
}
}
+
+
-
+
+
+
+
+ +11
FlnsnelM, knrrm• a Real Estsas Services
•
•
•
#
•
•
_
Food A Beverage Sus• -
+
+
+
+
+
+
+
+
}
+
+
+
+
+
I
Feeling a Creation" Services
+
-
4
+as�l
y+�T
Heavy Ea ilpmald Salsa A Rrdaltl
+
+
+
+
+
+
+
4
H•t•VUoW
+
•
•
•
6
Laundry Services
MweeutMrw Care ar.M.
•
•
•
•
+
#
4
.
#
:
+
.
a
+
•
31
Personal
+
+
+
4
+
4
}
4
t
4
4
+I
F•sliYt� PredMaa stem"
+
4
+
I
R•er•eurW Fees""
+
4
+
4
4
+
+
+
•
+
+
+
•
•
l
R•paY Ssrvic"
•
t
•
1
•
•
Scrod Operation
CIVIC
Adn•lY4.0 . Chic
•
•
•
!
•
•
•
• •
• �L
Cultural
•
+
}
}
+,
+
+ +
Extensive •rtpsat U"My Pas/2a•
+
+
rG'71
L7
Flood CoMraVUWty Camldr
1llse AaeeRWIF
4
•
e
•
•
4
#
•
•
#
•
•
•
4
L•� • 1
1 ;
+ QI
Public safety A Utility 84"vic«
+
4
+
+
4
+
+
+
+
+
+
+j+
4-1+1+
•
R••sl•tm A
• IP- Industrial Park GI-Gle r•l Industrial
HO-Mavn Ave. Overl�y DnyIM�Ct``IIJJ''
y� 1 t %y'Cya- r'�'N�
ED( I e I 4 t5,
III
W/MI- Mlnlmum Impact Has, Indu•trw
10-Heavy Industrial
Revised: 1120 84
8 is °
SUBAREA 7
Land Use Designation Industrial Park
Primary Function Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge
between the City's Industrial Area and community
oriented non - industrial area and is a gateway to the
city. A major industrial, office, and commercial
development on approximately 300 acres is currently
undergoing phased construction. Within this area is a
planned Civic Center which will include San Bernardino
county and city offices.
Permitted Uses Custom Manufacturing
Light Manufacturing
Administrative and Office
Professiohal /Design Services
Research Services
Light Wholesale: Storage, Distribution
Building Maintenance Services
Business Supply Retail Sales and Services
Business Support Services
Communication Services
Eating and Drinking Establishments
Financial, Insurance and Real Estate Services
Hotel /Hotel
Administrative Civic Services
Flood Control/Utility Corridor
Conditional Uses
Automotive Rental /Leasing
Automotive Sales
Automotive Service Station
Cdnvenience Sales and Services
Entertain ent
Fast Food Sales
Food and Beverage Sales
Medical /Health Care Services
Personal Services
Recreation Facilities
Cultural
Public Assembly
Public Safety and Utility Services
Religious Assembly
Automotive service court! 6_ ,., I ,
E�Xtfl brr
IV-48
RESOLUP_"ICN NO. "12- - 1 �- (P
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, DENYING ENVIP.ONMENIAI ASSESSMENT
AND INDUSTRIAL AREA SPECIFIC PLAN AMENDMENT 92 -02, PART
TO EXPAND THE LIST OF PERMITTED AND CONDITIONALLY
PERMITTED USES IN SUBAREA 7 OF THE INDUSTRIAL AREA
SPECIFIC PLAN.
A. Recitals.
(i) Tack Masi has filed an application for Industrial Area Specific
Plan Amendment 92 -02, Part C, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Industrial Area Specific Plan
Amendment request _s referred to as "the application."
!ii) On March 11 and 25, 1992, the Planning Commission of the City of
Rancho Cucamonga conducted duly noticed public hearings on the application and
concluded said hearings on March 25, 1992.
(iii) At the March 25 bearing, the Commission directed staff to
prepare a Resolution of Denial and adopted said Resolution at the meeting of
Aoril 8, 1992.
(iv) on May 20, 1992, the City Council conducted a duly noticed
public hearing and subsequently denied Industrial Area Specific Plan Amendment
92 -02, Part C.
(v) All legal prerequisites prior to the adoption of this Resolution
have occurred.
H. Resolution.
NOW, THEREFORE, it. is hereby found, determined, and resolved by the
City Council of the City of Rancho Cucamonga as follows:
1. This Council hereby specifically finds that all of the farts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Council during
the above- referenced public hearing on March 11 and 25, 1992, including
written and oral staff reports, together with public testimony, this Council
hereby specifically finds as follows:
(a) The application applies to properties located within
Subarea 7 of the Industrial Area Specific Plan; and
(b) The General. Plan designates the area south of Foothill
Boulevard between Deer and Day Creeks as part of the Industrial Area Specific
Plan; and
1 9,
CITY COUNCIL RESOLUTION NO.
ISPA 92 -02, PART C - JACK MASI
May 20, 1992
Page 2
(c) The purpose of the Industrial Area Specific Plan ..s to
provide a broad range of primarily industrial and business support activities;
and
(d) The intent of the "Industrial Park" designation is to
reserve lard for light industrial uses, office and administration facilities,
research and development laboratories, support businesses, and commercial
service uses; and
;e) The applicant's remrest would add an extensive range of
retail type uses (including Specialty Buildirg Supplies and Hone Improvements;
Pet Stores, Pet Care, and Recreational scpp.lies and Services; and Home
Furnishings and Appliances) to the list of uses already permitted in Subarea
7, Industrial Park; and
(f) The extent of the retail uses requested is not consistent
with the intent of Subarea 7, industrial Park, and the retail uses proposed
are only appropriate in areas zoned "Commercial "; and
(q) There is already a more than adequate amount of land
designated for such commercial uses throughout the community, According to
the General Plan, there are currently 819 acres of vacant land designated for
a wide variety of commercial uses. The creation of additional land zoned for
such uses would adversely impact the existing and already planned retail areas
within the City; and
(h) Foothill Boulevard between Day and Deer Creeks is an
important land use edge between the City's Industrial. Area and coamunity-
oriented non - industrial areas to the north;
(i) The intent of Subarea 7 as to function as a transitional
area between the General Industrial areas to the south and the
Cosmercial /Retail and Residential areas to the north of Foothill Boulevard.
3. Based upon the substantial evidence presented to this Council
during the above - referenced public hearings and upon the specific findings of
facts set forth in paragraphs 1 and 2 above, this Council hereby finds and
concludes as follows:
(a) This amendment does conflict with the Land Use Policies of
the General Plan and will not provide for development within the district in a
manner consistent with the General Plan and with related development; and
(b) That the proposed amendment is not consistent with the
objectives of the Industrial Area Specific Plan and the purposes of the
district in which the site is located; and
(c) That the proposed amendment is not in compliance with each
of the. applicable provisions of the Industrial Area Specific Plan; and
1�b
CITY COLNCIL RESOLUTION N0,
ISPA 92 -02, PART C - JACK MASI
May 20, 1992
Page 3
(d) That the proposed amendment will be detrimental to the
public health, safety, or welfare or materially injurious to properties or
improvements in the vicinity; and
(e) That the proposed amendment will be detrimental to the
objectives of the General Plan or the Industrial Area Specific Plan.
4. Based upon the findings and conclusions set forth in paragraphs
2, and 3 above, this Council hereby resolves as follows:
(a) That the City Council of the City of Rancho Cucamonga
hereby denies Industrial Area Specific Plan Amendment 92 -02, Part C, to amend
Table III -1, Page IV -48, and Table III -2, as attached.
5. The City Clerk shall certify to the adoption of this Resolution.
C
CITY OF RANCHO CL'CAMO \GA
STAFF REPORT
May 20, 1992
T0: Mayor and Members of the City Council
Jack Lam, AICP, City Manager
FROM: Jerry R. Grant, Building Official
SUBJECT: ORDINANCE ADOPTING 1992 UNIFORM CODES
RECOMMENDATION
,r
It is recommended that the City Council give preliminary first reading to the
accompanying ordinance and set the date of June 17, 1992 for public hearing
precedent to adoption of the latest editions of the Uniform Codes, with
certain local modifications.
BACKGROUND
In December of last year the State Building Standards Commission completed
their adoption process for the Uniform Building, Plumbing and Mechanical Codes
and set an effective date of July 1, 1992 for their implementation on a local
level. The State Legislature also altered the process since our last adoption
and now requires that local jurisdictions apply the specified codes to all
occupancies rather than just to residential occupancies, and also shortened
the time period for mandatory enforcement adoption by local agencies.
ANALYSIS
The action of the Building Standards Commission, adopting the latast codes now
requires that the city apply the regulations therein as of July 1, 1992. In
order for the local modir +cations adopted by the city to be coordinated with
the new code editions, it is necessary to adopt the proposed ordinance.
'Ae have also included in the ordinance, the latest codes pertinent to
dangerous buildings, security, housing and signs in place of previous
editions. We have also incorporated our residential sprinkler requirements
into the adoption ordinance.
Revisions in the new editions are minimal (approximately 65 -70 in the Uniform
Building Code and substantially less in the other codes), Nearly all are
changes or clarification of a technical nature. Prulbably the most
recognizable change of all is a requirement that residential sleeping rooms
each be provided with a smoke detection device in addition to the centrally
located units required heretofore.
°1 e�
STAFF REPORT: ORDINANCE ADOPTING 1992 UNIFORM CODES
May 20, 1992
Page 2
SUMMARY
Holding a preliminary •eading and establishing a hearing date of June 17 for
the accompanying ordinance will set the stage for coordination of Rancho
Cucamonga's local modifications with the latest editions of the model codes
and State regulations.
Respectfully submitted,
Ye /y Grant
Bull
no Official
JG:ll
1g9
DRDINANCE '10. �qrl
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
'J CMMONGA, CAL:FORN:A, AMENDING �HAP;ERS 15.04, 15.08,
:5.:2, 15.16, 5.20, :5.28, :5.32, 15.36, :5.40, AND
5.14 OF TITLE '15, BUILDINGS AND CONSTRUCTION, OF THE
R'%CHO C7^AMONGA ,MUNICIPAL CODE AND ADOPTING BY REFERENCE
T9E "UNIFORM ADMINISTRATIVE CODE ", 1991 EDI ?[ON; THE
UNIFORM BUILDING CODE. 1991 EDITION INCLUDING ALL
APPENDICES THERETO; THE "UNIFORM 3'J IL DING CODE
STANDARDS ", 1991 EDITION; THE "'UNIFORM MECHANICAL CODE ",
:991 EDITION, INCLUDING ALL APPENDICES THERETO; THE
"JN1 FORM PLUMBING COCE ", 1991 EDITION INCLUDING ALL
APPENDICES; THE "UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS ", 1991 EDITION; THE "UNIFORM HOUSING
CODE ", 1,991 EDITION; THE "UNIFORM BUILDING SECURITY
;.O GE ", 1991 EDITION; AND THE "UNIFORM SIGN COD"[ ", 1991
EDITION; '4ITH CERTAIN ;1,M ENOMENTS, ADDITIONS, DELETIONS
AND EXCEPTIONS TO SAID CODES, INCLUDING PENALTIES
A. RECITALS
i) Article 2 of Chapter 1 of Part 1 of Divis +on 1 of Title S of
the California Government Code authorizes the adoption, by referecce of the
Uniform Administrative Code, 1991 Edition; the Uniform Building Code, 1991
Edition; the :Jniform Building Code Standards, 1991 Edition; the 'Uniform
1ledia nical Code, 1991 Edition; the Uniform Plumbing Code, 1991 Edition; the
Uniform Code for Abatement of Dangerous Buildings, 1991 Edition; the Uniform
Housing ,ode, 1991 Edition; the Uniform Building Security Code, 1991 Edition;
and the 'Jn i form Sign Cede, 199; Edition, each as published by the
:nte rr,a [i onal Conference of Building Officials and /or the International
Association of Plumbing and Mechanical Officials.
(ii) At least one copy of each of said Codes and Standards
certified as full, true and correct copies thereof by the City Clerk of the
City of Ranc�o Cucamonga have been filed in the office of the City Clerk of
the City of Rancho Cucamonga in accordance with the provisions of Government
Code Section 50022.6.
(iii) A duly noticed public hearing, as required by California
Government Code Section 50022.3, has been conducted and concluded prior to the
adoption of this Ordinance.
'iv`, All legal prerequisites to the adoption of this ordinance have
occurred.
3. ORDi'IANCE
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby find, determine and ordain as follows:
SECTION 1.. In all respects as set forth in the Recitals, Part A, of
this Ordinance.
19c)
Jr91 na "ce NO
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_SECTION 2. Title 15 of the Rancho Cucamonga Municipal -ode, entitled
Build inns and Construction, of the City Council of the City of Rancho
Cucamonga are hereby amended, provided that said amendment shall not apply to
or excuse any violation thereof occurring prior to the effective date of this
Ordinance and provide further that the Uniform Codes as adopted herein by
re'erence and amended by Ordinance No. 412 of this City shall continue to be
apol icacla to construction For which permits have been issued prior to the
effective date of this ordinance.
SECTION 3. Chapter 15.04 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15.04
Codes Adoption
Sec tons:
15.04.010 Codes Adoption
15.04,010 Codes Adoption. The "Uniform Administrative Code ", 1991
Edition; the "Uniform Building Code ", 1991 Edition, including all appendices
thereto; the "Uniform Building Codes Standards ", 1991 Edition; the "Uniform
Mechanical Code ", 1991 Edition including all appendices thereto; the "Uniform
Plumbing Code ", 1991 Edition, including all appendices thereto; the "Uniform
Code for the Abatement of Dangerous Buildings ", 1991 Edition; the "Uniform
Rausi no Code ", 1991 Edition; the "Uniform Building Security Code, 1991
Edition; and the "Uniform Sign Code ", 1991 Edition; are hereby adopted in
their entirety as the Building and Construction Regulations of the City of
Rancho Cucamonga, together with the amendments, additions, deletions and
exceptions set forth in Chapters 15.08 through 15.44 below.
SECTION 4: Chapter 15.08 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15.08
Administrative Code
Sections:
i5.08.010
Section
202(c)
Amended- -Right of Entry
:5.08.020
Section
204 Amended
-- Appeals
15 .08.030
Section
205 Deleted
15.08.040
Section
301(a)
!mended -- Permits Required
'5.08.050
Section
301(b)1.
Amended -- Building Permits
:5,08.060
Section
301(b)
4. Added -- Grading Permits
15,08.070
Section
302(b)
Amended- -Plans and Specifications
r.a ^.ca '!o.
'5.08.080
Section
303(a;
Anended-- Issuance
i5.09.090
Section
303(d))
Amended--- xpir3tion
Section
303;f)
added - -Jn fi ni s'n ed Suild'ngs
_S.CS.:iJ
Section
304 Amended- -Fees
15.78.:20
Section
305th)
Amended -- Reinspections
15.08.13)
Section
305(1)
Added -- Repeated .Reinspections
:5.28,40
Section
307 Amended -- Structural Observations
...08.:50
Section
307!a)
Amended -- Energy Connections
15.080.010 Section 202(c) Amended- -Right of Entry. Section 202 (c)
of said Uniform Administrative Code is hereby amended to read as follows:
Section 202(c) Right of Entry. The Building Official, or his duly
authorized representative, shall have the authority to enter any
building or premises for the purpose of investigating the existence
of suspected or reported damage or defects which constitute an
immediate danger to human life or an immediate hazard to public
safety or health. Except in emergency situations, the Building
Official, or his authorized representative, shall not enter any
occupied building or premises without the consent of the owner or
occupant thereof, unless he possesses a warrant authorizing entry and
search of the premises. No person shall hinder nor prevent the
Building Official, or his authorized representative, while in the
performance of the duties herein described as emergency situations or
while in possession of a warrant, from entering upon and into any and
all premises under his jurisdiction, at all reasonable hours, for the
purpose of inspecting the same to determine whether or not the
provisions of this code, the referenced technical codes and all other
applicable laws or ordinances pertaining to the protection of persons
or property are observed therein.
15.08.020 Section 204 Amended -- Appeals. Section 204 of said
Uniform Administrative Code, is hereby amended to read as follows:
Section 204(a) Appeals. A decision of the Building Official
regarding interpretation or implementation of any provision of this
Title, the Uniform Administrative Code, 1991 Edition, or the
technical codes referenced therein shall be final and shall become
effective forthwith upon the service of the decision of the Building
Official, in writing, upon the permittee, applicant or other person
affected by the decision, hereafter called permittee. For purposes
of this section, service upon the permittee shall mean either
personal delivery or placement in the United States Mail, postage
prepaid, and addressed to the permittee at his last known business
address; provided, however, that the permittee may, within ten (10)
days after the effective date of service of the decision of the
3uild119 Official, file an appeal with the city Clerk, in writing,
specifying the reason or reasons for the appeal and requesting that
the Board of Appeals review the decision of the Building Official.
(G Z
�r'_"ra'LB dip.
?age
;b) Board of Appeals. The City Council or such other five (5)
persons, other than employees of the City, that the City Council may
appoint, shall act as a Board of Appeals in riaking a final
determination of any appeal filed in accordance with the provisions
a` Subsection ;a) of this Section. The City Clerk shall schedule a
hearing on the appeal at reasonable times and at the convenience of
the 3oari of Appeals, but not later than thirty ;30) days after
receipt of the written appeal.
"he permittee may appear in person before the 3oard or be represented
by an attorney and may introduce evidence to support his claim. The
Building Official shall transmit to the Board all records, papers,
documents and other materials in support of his decision and shall
provide a copy thereof to the permittee appealing the decision of the
Building Official, The permittee appealing the decision of the
Building Official shall cause, at his own expense, any tests or
research required by the Board to substantiate his claim to be
Performed or otherwise carried out. The Board may continue such
appeal hearing from time to time as deemed necessary by the Board.
The Board may, by resolution, affirm, reverse, or modify in whole or
in part, any appealed decision, determination or interpretation of
the Building Official. A copy of the resolution adopted by the Board
shall be mailed to the permittee and the Board's decision shall be
final upon the mailing, by United States Mail, postage prepaid, to
the permittee's last known address of record.
Aotrithstanding the foregoing, appeals filed in relation to
substandard residential buildings shall be processed in accordance
with Section 203 of the Uniform Housing Code and appeals filed in
relation to a dangerous building shall be processed in accordance
with Section 205 of the Uniform Code for Abatement of Dangerous
Suildings.
15.03.030 Section 205 Deleted - - Violations and Penalties. Section
205 of said Uniform Administrative Code is hereby deleted.
15.08.040 Section 301(a) Amended - - Permits Required. Section 301(a)
of said Uniform Administrative Code is hereby Amended to read as follows:
Section 301(a) Permits Required. Except as specified in Subsection
(b) of this section, no building, structure, site preparation or
building service equipment regulated by this code or the technical
codes adopted by this Title shall be commenced, erected, constructed,
enlarged, altered, repaired, removed installed, converted or
ie:nolisned unless a separate appropriate permit for each building,
structure, site preparation or building service equipment has first
Seen obtained from the building official.
IG3
OrdS na rice 7o.
rage 5
A separate grading permit shall 'oe required for each site and may
cover both excavations and fills.
Separate building permits shall be obtained for maJor drainage
structures and retaining walls submitted for checking as a part of a
grading plan.
15.08.053 Section 301;bj1. Amended—Building Permits. Section 301
(b1 1 of said Uniform Administrative Code is hereby amended to read as
follows:
Section 301(1p; i Building Permits. A building permit shall not be
required for the following:
A. One story detached accessory buildings used as tool and
storage sheds, playhouses, and similar uses, provided the
projected roof area does not exceed 120 square feet.
B. 'Wood, chainlink, plastic, metal or sinilar fences not over 6
feet in height above the lowest adjacent grade.
C. Oil derricks.
D. Movable cases, counters and partitions not over 5 feet, 9
inches high.
E. Retaining walls and masonry fences which are not over 3 feet
in height above the lowest adjacent grade, unless supporting
a surcharge load or intended for impounding flammable
liquids.
F. 'Water tanks supported directly upon grade if the capacity
does not exceed 5000 gallons and th, ratio of height to
diameter or width does not exceed two to one.
G. Platforms, walks and driveways not more than 30 inches above
grade and not over any basement or story below.
H. Painting, papering and similar finish work.
1. Temporary motion picture, television and theater stage sets
and scenery.
J. Window awnings supported by an exterior wall of Group R,
Division 3, and Group M Occupancies when projecting not more
than 54 inches from the supporting wall.
K. Prefabricated swimming pools accessory to a Group R,
Division 3 Occupancy in which the pool walls are entirely
�1I
nano. An.
?age 6
above the adjacent grade and 4 f the capacity does not exceed
500C gallons.
L. The changing or the advertising copy or message on a painted
or printed sign.
M. ?ainting, repainting or cleaning of an advertising structure
provided no structural changes are made.
N. Signs less than 5 feet above grade that are not electrically
lighted.
J. Changing of theater marquees and similar signs specifically
designed for the use of changeable copy.
'„'nless otherwise exempted by this code, separate Plumbing, electrical
and mechanical permits are required for equipment installed in
conjunction with the above exempted items.
:5.08.060 Section 301(b 5. Added - -Grad in Permits. Section 301(b)
is hereby amended by adding subsection 5 e Section 301 b to read as follows:
Section 301;b)5. Grading Permits. A grading permit is not required
for the following:
Removal of surface deposits of improperly placed material or
refuse.
2. An excavation below finished grade for basements and
footings of a building, retaining wall or other structure
authorized by a valid building permit. phis shall not
exempt any fill made with the material from such excavation
nor exempt any excavation having an unsupported height
greater than 5 feet after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing, stockpiling of
rock, sand, gravel, aggregate or clay where established and
provided for by law, provided such operations do not affect
the lateral support or increase the stresses in or pressure
upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil
engineers or engineering geologists.
1 f S
7rC
An excavation which ;a) is less than 2 feet :n depth, or ;a;
wo'ch does not create a cut slope greater than 5 feet in
height and steeper than two horizontal to one vertical ;2:1)
and which does not exceed 100 cubic yards.
A fill less than 1 foot in depth; placed on natural terrain
with slope not exceeding 5 horizontal to 1 vertical (5:11,
provided that the grading is 4n an isolated, self- contained
area and does not endanger private or public property.
:�. A fill less than 3 feet 'n depth and not exceeding 100 cubic
bards, placed on a single parcel, provided that the fill is
not intended to support structures or does not obstruct a
drainage course,
An excavation for pipeline or other underground utility
lines installed under a separa to permit, provided that any
necessary erosior control measures are made part of that
permit.
12. Public Works projects not requiring a building permit
including sewer and storm drain construction, utility
trenches, power transmission lines and appurtenant access
roads and retaining walls or grading accomplished as part of
street maintenance activities.
13. Recurring, regularly scheduled maintenance of existing
facilities where no new construction is involved.
14. Emergency repairs to existing facilities resulting from
natural or civil disaster including, but not limited to,
rainstorm, flooding, earthslide, heat storm, earthquake,
riot, sabotage, and the like.
Exemption from the permit requirements for grading work shall not be
deemed to grant authorization for any work to be done in violation of
the grading provisions or any other laws or ordinances of this
,Jurisdiction.
15.08.070 Section 302(b) Amended- -Plans and Specifications. Section
302;b) of said Uniform Administrative Code is hereby amended to read as
follows:
Section 302(b) Plans and Specifications. Plans, engineering
calculations, diagrams and other data shall be submitted in one or
^lore sets with each application for a permit. When such plans are
not prepared by an architect or engineer, the building official may
require an applicant submitting such plans or other data to
' 6t
)r:'na ^ce 'io.
Page 3
demonstrate *.hat state law does not require that the plans be
prepared by a licensed architect or engineer. The building official
nay require plans, computations and specifications to be prepared and
9e si gned by an engineer or architect licensed by the state to
oractice as such even if rot required by state law. Submittal. shall
include construction inspection requirements as defined in Section
3�2'c'.
EXCEPTION:
The building official may waive the submission of plans,
calculations construction inspection requirements, etc.,
provided it is found that the nature of the work applied for i
such that reviewing of plans is not necessary to obtain
compliance with this code.
Grading permits may be issued based upon submittal of either a
preliminary or a final grading plan. (See Sections 7005 and 7006 of
the Uniform Building -ode Appendix, as amended, for grading plan
information)
15.08.080 Section 303(a) Amended - - Issuance. Section 303(a) of the
Uniform Administrative Code is hereby amended to read as follows:
Section 303(a) Issuance. The application, plans and specifications,
and other data, filed by an applicant for permit shall be reviewed by
the Building Official and may be reviewed by other departments of
this jurisdiction to verify compliance with any applicable laws under
their jurisdiction. If the Building Official finds that the work
described in the application for a ^^nit and the plans,
specifications and other data filed therewith conform to the
requirements of this code and the technical codes and other pertinent
laws and ordinances, and that the fees specified in Section 304 have
been paid, he shall issue a permit therefor to the applicant.
EXCEPTIONS:
1. Electrical permits shall only be issued to a person or
persons qualifying under one or more of the following
categories:
A state licensed contractor or authorized representative
of a state licensed contractor but only to the extent
and for the work the person is licensed by the State of
California to do.
b. A bonafide owner of a single family dwelling for
electrical work within that dwelling, including
buildings and quarters accessory thereto.
1Q1
Ore n, rce ',o.
?age 3
A representative of a charitable, non - profit
organization for temporary work 4r, connection with
Ch ,-istmas 'tree lots, carnivals and similar non - permanent
installations, provided that work covered by the permit
is to be performed by members of the organization and
furthermore that there are to be no persons employed at
the location where such temporary wirinn is installed.
Such permit shall expire within a time specified by the
3uilding Official, not exceeding six (5) months tine,
and shall not be renewed.
A representative of another city, county, state,
district or other political subdivision for electrical
work to be performed on the premises of said political
subdivision.
'when the Building Official issues a permit where plans are required,
he shall endorse in writing or stamp the plans and specifications
"APPROVED ". Such approved plars and specifications shall not be
changed, modified or altered without authorization from the Building
Official, and all work shall be done in accordance with the approved
plans.
The Building Official may issue a permit for the construction of part
of a building, structure or building service equipment before the
entire plans and specifications for the whole building, structure or
building service equipment have been submitted or approved, provided
adequate information and detailed statements have been filed
complying with all pertinent requirements of the technical codes.
The holder of such permit shall proceed at his own risk without
assurance that the permit for the entire building, structure or
building service will be granted.
:5,08.090 Section 303(4) Mended-- Expiration. Section 303(d) of
said Jniform Administrative erode is hereby amended to read as follows:
Section 303(4) Expiration. Every permit issued by the Building
Official under the provisions of the technical codes shall expire by
limitatiun and become null and void, if the building or work
authorized by such permit is not commenced within 180 days from the
date of such permit, or if the building or work authorized by such
permit is suspended or abandoned at any time after the work is
commenced for a period of 180 days. Before such work can be
recommenced, a new permit shall be first obtained to do so, and the
fee therefore shall be one -half the amount required for a new permit
for such cork, provided no changes have been made or will be made in
the original plans and speci ficatiuns for such work; and provided
further that such suspension or abandonment has not exceeded one
year.
l4
7 Yd 193nCE 11p.
Any permittee holding an uner.p: red permit nay apply for an extension
of the time, within which to commence work under that permit, when he
is unable to commence work within the time required by this section
for good and satisfactory reasons. The Building Official may extend
Lip time for action by the permitted, for a period not exceeding 180
days, upon written request by the permittee showing that
c'. rcumstances beyond the control of the permittee have prevented
action from being taken, No permit shall be extended more than once.
115.08.100 Section 303(8 Added -- Unfinished Buildings, Section 303 of
sa 7d Jniform Administrative Code is hereby amended by adding subsection (f) to
read as follows:
Section 303; f) Unfinished Buildings and Structures. 'Whenever the
Building Official determines by inspection that work in or on any
building or structure for which a permit has been issued and the work
started thereon has been suspended for a period of 180 days or more,
the owner of the property upon which such building or stricture is
located or other person or agent in control of said property, upon
receipt of notice in writing from the Building Official to do so,
shall, within 90 days from the date of such written notice, obtain a
new permit to complete the required work and diligently pursue the
work to completion or shall remove or demolish the building or
structure within 180 days from date of the written notice.
15.08. 11.0 Section 304 Amended- -Fees. Section 304 of said Uniform
Administrative Code is hereby amended to read as follows:
Section 304(a) Permit Fees. The fee for each permit shall be as
established by Resolution of the City Council. The determination of
value or valuation under any of the provisions of this code shall be
made by the Building Official. The value to be used in computing the
huilding permit and building plan review fees shall be the total
value of all construction work for which the permit is issued as well
as all finish work, painting, roofing, electrical, plumbing, heating,
air - conditioning, elevators, fire extinguishing systems and any other
permanent equipment,
'Whenever any work, for which a permit is required by this Code, has
been commenced without first obtaining said permit, and when such
work is discovered as a result of an investigation by the Building
Official or his duly authorized representative, the permit fees
specified by the City Council shall be doubled. The payment of such
double fee shall not exempt any person from compliance with all other
provisions of this Code nor from any penalty prescribed by law.
;b; °Ian Review Fees. 'When a plan or other data is required to he
submitted by Subsection (b) of Section 302, a plan review fee shall
be paid at the time of submitting plans and specifications for
•x
Sri 9c.
73ge ^.a
review. Payment of a plan review fee shall be considered as permit
application only for the work described on the application form and
`or which the clan review fee is paid.
.,here plans are incomplete or changed so as to require additional
plan review, an additional plan review `ee shall be charged.
Fees for plan review shall be as set forth by City Council
Resolution.
'where preliminary and final grading plans are submitted separately
for plan checking and or permit, fees shall be calculated from the
work to be accomplished under eac'n submittal.
,c) Expiration of Plan Review. Applications for which no permit is
issued within 180 days following the date of application shall expire
by limitation, and plans and other data submitted for review may
thereafter be returned to the applicant or destroyed by the Building
Official in accordance with law.
The Building Official may extend the time for action by the
applicant, for a period not exceeding 180 days, upon written request,
showing that circumstances beyond the control of the applicant have
prevented action from being taken. No application shall be extended
more than once. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan
review fee.
'd) Exemption From Fees. Neither the State nor any other county,
city, district, or other political subdivision, nor any public
officer or body acting in his official capacity on behalf of the
State or of this or any county, city, district, or other political
subdivision shall pay or deposit any fee required by this code. This
Section does not apply to the State Compensation Insurance Fund or
Public Housing Authority or where a public officer is acting with
reference to private assets which have come under his jurisdiction by
virtue of his office.
'e) Refunds. In the event that any person shall have obtained a
permit and no portion of the work or construction covered by such
permit shall have been commenced and provided such permit has not
expired as provided for in Subsection (d) of Section 303, the
permittee, upon presentation to the Building Official of a written
request, shall be entitled to a refund in an amount equal to eighty
percent ;30%) of the permit fee actually paid for such permit;
huwever, the portion of the fee retained by the City shall never be
less than twenty dollars ($20.00) or the total amount paid, whichever
is less.
� Ob
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age .-
in the event a permit is issued ;n error by the Bull ding Official,
all fees shall be returned to applicant upon written request.
No portion of a plan checking fee shall be refunded, unless no
cheering has been performed on a set of plans, in which case eighty
percent ;30;) of the plan checking fee shall be refunded; however,
the portion of the fee retained shall never be less than twenty
collars, ;$20.110), or the total amount ?aid, whichever is less.
No refund shall be granted on an expired permit or plan review.
"he Building Official shall satisfy himself as to the right of such
applicant to such refund and each such refund shall be paid as
provided by law for the payment of claims against the city.
.5,08.:20 Section 3C5(h) Amended -- Reinspections. Section 305(h) of
said uniform Administrative Code is hereby amended to read as follows:
Section, 305(h) .Reinspections. A reinspection fee, as set forth in
City Council Resolution, may be assessed for each inspection made
necessary due to work not being ready at the requested time of
inspection, or for work not corrected after the issuance of a prior
written correction notice or for a reinspection made necessary
because of faulty or deficient workmanship or materials of
construction regulated by this code or the technical codes adopted
hereby. In instances where reinspections fees have been assessed, no
additional inspection of the work shall be performed until the
required fees have been paid.
i5.G8.i30 Section 305�i) Added - - Repeated Reinspections. Section 305
of said 'Jnifo rm A.dmi n istrat ive Code is hereby amended by adding subsection (i)
to read as follows:
Section 305!i) Repeated Re inspec tlons. In the event that, as related
to any one or two family dwelling or any multiple family building for
which a building permit has been issued, and a second reinspection
has been performed in accordance with subsection (h) above, and
further reinspection is determined by the Building Official to be
necessary to achieve the performance of accepted construction
practices related thereto; or in the event that second reinspections
have been required three or more times within any project, the
Building Official shall require posting of a cash deposit to be drawn
upon to cover costs of providing inspection and/or reinspection of
the dwelling unit(s), or project, on a full time basis. Further, all
inspections for the dwelling unit(s), or project shall be suspended
until such time as the Jeposit is received and judged by the Building
Official to be sufficient to complete inspection of the work
remaining.
ZOI
'rj'ra^.e No.
?ace .3
e estimated costs of providing th's increased 'level of inspection
shall to determined by the Building Of ficial in accordance with a
Resolution of the City Council establishing hourly charges.
"Id! i ti ona l Iy, the deposit shall be based upon a reasonable
'eteriiiiiation of the time necessary to complete the entire building
or project which the dwelling unit or units or Tultiple- family
s a part.
,he expenses incurred by the City in providing additional inspections
shall be deducted from the deposit posted and any remaining balance
shall be returned to the depositor upon completion of the dwelling
onit;sj or project. ',lion determination by the Building Official that
the original deposit is insufficient for any remaining inspection
costs an additional cash deposit shall be provided for completion of
all anticipated inspections.
For the purpose of this subsection a "project" is two or more
residential buildings being constructed under separate building
permits within or upon an individual tract map, parcel map or parcel.
15.08,140 Section 307 Amended -- Structural Observation. Section 307
of said 'Uniform Administrative Code is hereby amended to read as follows:
Section 307. Structural observation shall be provided when one of
the following conditions exists:
The structure is defined in Table No. 23 -K as Occupancy Category
1, it or 111, or
The structure is required to :omply with Section 1807 Uniform
Building Code, or
.onstruction inspection as defined in Section 302 !c), Item 2 is
required, or
1. When such observation is specifically required by the building
official.
Tie owner shall employ the engineer or architect responsible for the
structural design, or another engineer or architect designated by the
engineer or architect responsible for the structural design to
perform structural observation. The engineer or architect shall
submit a statement in writing to the building official stating that
the site visits have been made and whether or not any observed
deficiencies have been corrected to conform to the approved plans and
specifications, or to revised details approved by the building
off +vial.
Zv2
Page :3
50 Section 308; a' nme nd ed-- Er.er ;v 3ornec tions. Section
308,a` of said 'Oni form .administrative Code is hereby ac,ended to read as
`ol,rws:
Section 307;a; Energy Connections. No person shall make connections
from a source of energy, fuel or power to any huilding service
equipment which is regulated by the technical codes and for which a
permit is required by this code, unless such required permits are
obtained and applicable final building, electrical, plumbing and /or
mechanical inspections have been made and all conditions of
development approval have been completed or guaranteed, except as
provided for in Subsection 3C7(b).
SECTION 5. Chapter 15.12 of the Rancho Cucamonga Municipal Code is
nereby amended to read, in words and figures, as follows:
Chapter :5.12
Buil Lino Code
Sections
15.12.010
Chapters 1,2,3 Deleted
15.12.020
Section 420 Added definition -- Swimming Pool
15.:2.030
Section 1101 Amended- -Group "M' Occupancies
:5.12.040
Section 1103 Amended- -Fire- Resistive Protection
15.12.050
Section 1107 Added -- Swimming Pool Fencing
:5.:2.060
Table 23 -0 Amended -- Allowable Deflection
15.12.070
Table 25- U -R -10 Deleted
15.12.080
Section 2907(b) Amended -- Bearing Walls
.5.:2.030
Figure 29 -1 Amended -- Building Setbacks from Slopes
'.5.i2.
'.00
Section 3204(d) Amended -- Nonrated Roof Covering
Section 3204 (e) Deleted
15.12.120
Section 3208 (b)3 .amended -- Asphalt Shingles
15.12.130
Section 3208 (b)5 Amended- -Clay or Concrete Tile
15.12.140
;able 32 -A Amended -- Minimum Roof Classes
15.12.150
Table No. 32 -B -1 Amended -- Shingle Application
15.12.:50
Table No's. 32 -D -1 and 32 -0-2 Amended -- Roofing Tile Application
for All Tiles
15.12,166
Section 3802(b) Amended - -Group R, Division 1, Occupancies
:5.12.168
Subsections 3802;i), (j) and (k) Added - -Group R, Division 1,
Occupancies and Reconstructed Buildings
15.12.172
Section 3803 Amended -- Sprinkler System Supervision Alarms
15..2,176
Appendix Chapter 12 Deleted
15.12.180
Appendix Section 3210 Amended -- Reroofing
15.:2.1go
Appendix Section 7003 Deleted -- Permits Required
:5.12.200
Appendix Section 7004 Amended -- Hazardous Grading
.5.12.210
Appendix Section 1005 Added
Definitions -- Final, Preliminary Grading Plans
ZC>3
C r:: nance No
age 15
15.12.220
Appendix
Sec on
7706
Amended- - Flans ant Specifications
.12.230
appendix
Section
7007
and Tabl =_s 7G -A, 73 -B Deleted
15.'.2.240
Appendix
Section
7008
Amended- -Bonds
'2
250
Appendix
Section
7010
Amended - -Fills
5_—,.26D
Appendix
Section
7013
Amended -- Erosion Controls
'2.119 Chapters 1 2, and ?-- Oele *.ed. Chapters 1, 2, and 3 of
said 'Jn'forli Building Code are hereby deleted in their entirety.
15.1 ?.020 Section 420 Added Definition -- Swimming Pool. Section 420
Of Said Uniform Building Code is hereby amended by addition of the fol''owing
Jell nition:
Section 420. .Swimming Pool is any body of water created by
artificial means designed or used for swimming, immersion or
therapeutic purposes.
15.12.030 Section 1101 Amended- -Group M Occupancies. Section 1101
of said Jniform Building Code is hereby amended to read as follows:
Section 1101. Group M Occupancies shall be:
9lvision 1. Private Garages, carports, sheds and similar structures
accessory to residential structures, and agricultural buildings.
Division 2. Masonry 'dolls over 3 feet high, fences over 5 feet high,
tanks, towers and swimming pools.
For occupancy separations, see Table 5 -8.
15.12.040 Section 1103 Amended- -Fire Resistive Protection. Section
193 of said Jniform Building Code is hereby amended to read as follows:
Section 1103. For fire - resistive protection of exterior walls and
openings as determined by location on property, see Section 504, Part
1'!, and Appendix Chapter 11.
15.12.050 Section 1107 Added -- Swimming Pool Fencing. Section 1107
of said Uniform Building Code is hereby added to read as follows:
Section 1107. Swimming Pool Fencing. Every person in possession of
'.and under a contract, or as owner, lessee, tenant, licensee, or
otherwise, upon which is situated a swimming pool, having a water
cepth exceeding 18 inches, shall, at all times, maintain a fence or
other structure completely surrounding such pool and extending not
less than five feet (5' -0 "), measured vertically, above any walking
surface. wall or other climbable structure, within two feet (2' -0 ")of
the exterior of the enclosure. Openings in such fence or structure,
2 otI
3"inance V0.
Page :b
other than those created by gates or doors, shall ce of sock size so
that a sphere exceeding 4" ;4 inches) in diameter will not pass
Setaeen ad acent members. Members of such pool enclosure shall not
Se arranged so as to materially facilitate climbing or scaling by
sma:l chi lren.
Dates or door openings through such enclosure shall Se equipped wits
seif -c; using and self - latching devices designed to keep, and capable
Of '<eepirg, such ]oor or gate securely closed at all times when not
in actual use; however, the door of any dwelling occupied by human
beings which forms any part of the enclosure herein required need not
be so equipped. Required latching devices shall be located not less
,ran four feet, six inches ;4' -B ") above the ground, the pool
enclosure shall be in place and approved by the Building Official
before water is placed in the pool.
tCEPTiONS:
.. The provisions of this section shall not apply to public
swimming pools regulated by State Building Standards
approved by the State Building Standards Commission.
2, Any fencing serving as an enclosure for a swimming pool,
lawfully in existence on the date of adoption of this
ordinance, and meeting the requirements for fencing in
effect at the time of construction of the swimming pool, may
be continued, however, any replacement of fencing in whole
or in part, shall comply with the requirements set forth
above.
15.12.'50 Table 23 -D Amended -- Allowable Deflection. Table 23 -D of
said Jniform Building Code is hereby amended to read, in words and figures, as
follows:
TABLE 23 -0 MAXIMUM ALLOWABLE DEFLECTION FOR STRUCTURAL
MEMBERS*
'Sufli shoe or rambar shall be provided for fiat roofs in accordance with Section 2305 (q.
L.L. = Lve Load
D.L - Dead Load
K = Factor delenmomid by Table No 23 -E
L - Length of mombe, m same umis as dellecuon
MEMBERLOADED
MEMBER LOADED
WITH LIVE LOAD
LIVE LOAD ONLY
PLUS DEAD LOAD
LL.
(L.L. ♦ K.D.L.)
Floor Members, Roof Members
SupooNng Plaster. Roof
Members SapporEng Dead Loads
V3r�
V210
Exraeding 50 Perranl of Live
Dads
'Sufli shoe or rambar shall be provided for fiat roofs in accordance with Section 2305 (q.
L.L. = Lve Load
D.L - Dead Load
K = Factor delenmomid by Table No 23 -E
L - Length of mombe, m same umis as dellecuon
Ordinance No.
Page 17
15.12.070 Table 25- J-R -10 Deleted. Table 25- U -R -10 of said Uniform
Building Code is hereby deleted.
15.12.080 Section 2907(6) Amended - - Bearing Walls. Section 2907(b)
of said Uniform Building Code is hereby amended to read as follows:
Section 2907(b). Bearing Walls. Bearing walls shall be supported on
masonry or concrete foundations or piles or other approved foundation
system which shall be of sufficient size to support all loads and
resist wind forces. Where a design is not provided, the minimum
foundation requirements for stud bearing walls shall be as set forth
in Table No. 29 -A,
EXCEPTIONS:
1, A One story wood or metal frame building not used for human
occupancy and not over 400 square feet in floor areas may be
constructed without :masonry or concrete foundations if walls
are supported by and anchored to a Portland cement concrete
slab not less than 3 1/2" in thickness.
2. The support of buildings by posts embedded in earth shall be
designed as specified in Section 2907(g). Wood posts or
poles embedded in earth shall be pressure treated with an
approved preservative. Steel posts or poles shall be
protected as specified in Section 2908(i).
15.12.090 Figure 29 -1 Amended -- Building Setbacks from Slopes. Figure
29 -1 is hereby amended as shown in the following figure:
H/2 BUT NEED
NOT EXCEED 15'
FACE OF
STRUCTURE
FACE OF FOOTING
OF SLOPE
FIGURE 28 -1
OR 5' MIN. BUi'
D NOT EXCEED 40'
Ordirance No,
?age 13
li_12 100 Section 3204' Amended -- Nonrated Roof Covering. Section
3203',,` of said Uniform 3uildfng Code is hereby amended to read as follows:
Section 32-34'd;. Nonrated Roof Covering. A nonrated roof covering
be ary mineral aggregate surface built -up roof for application
I
o roofs having a slope of not more than 3 inches in 12 inches
applied as specified in Section 320B'.b)4, consisting of not less than
the `.ollow:ng:
., Roofing ?lies:
Three layers of felt; and
2. Surfacing Material:
300 oounds per roofing square of gravel or other approved
surfacing material, or 250 pounds per roofing square of
crushed slag.
15.1.2.110 Section 3204(e) Deleted -- Special Purpose Roofs. Section
3204(e) of said Uniform building Code is hereby deleted.
15.12.120 Section 3208(b)3 Amended -- Asphalt Shingles. Section
3208;b)3 of said Uniform Building Code is hereby amended to read as for tows:
Section 3208(6)3. Asphalt Shingles. Asphalt shingles shall comply
with UBC Standard No. 32 -3 and shall have been tested and listed as
suitable for installation, as wind - resistant roof covering, at wind
velocity of not less than 90 mph. Asphalt shingles shall be
installed according to manufacturer's recommendations and Table No.
32-B-1.
l5 12.130 Section 3208(6)5 Amended- -Clay or Concrete Tile. Section
3238;b)5 of said Uniform Building code is hereby amended to read as follows:
Section 3208(b)5. Clay or Concrete Tile. Tile of clay or concrete
shall comply with UBC Standard No. 32 -12 and shall be installed in
accordance with manufacturer's instructions and Table No.'s 32 -0 -1
and 32 -0 -2.
15.12.140 Table No. 32 -A Amended -- Minimum Roof Classes. Table No.
32 -A of said Uniform Building Code is hereby amended to read, in words and
f�gures, as follows:
2c1
Or-inince No.
Page :9
TABLE NO, 32 -A -- MINIMUM ROOF CLASSES
P�mluw�wY.•IN^m. Nw�I.m�. N•�a•tl n�bm.I�0.�16u`es.A^TN A.
CYr ABnPry
B Cb�BPoONN
C CI•�C
NB.. Nmu•ud
N Np ilqu4ertwnb l[t llrt•N•bn¢
P.0. P1rt IbYNe
HT. N¢yiuMw
:5.12.150 Table No. 32 -3 -1 Amended -- Shingle Application. Table No.
32 -3 -1 of said Uniform Building Code Is hereby amended to read, in words and
f,3ures, as follows:
TABLE NO. 32 -9-1- SHINGLE APPLICATION
ToP OF CONSTRUCTION
NOT FERYn1E0 BELOW i:1}
U U1
RGOF SLOPE
N
I V
OCCUPANC9
FM
F.R
N 1 -M
N
A.T.
1 -M N
AI
B
B
-.
..
..
..
..
I
wnp d tN UYA d roTwlwtltl iH:. IS
A T" 15
A123
B
H
B
B
B
H
-
A3
B
H
B
B
B
B
B
H
H
At
B
B
B
B
B
B
H
B
B
B1.2
B
B
H
H
B
B
B
B
H
83.4
H
B
B
H
B
B
B
B
B
H
B
B
B
H
RI
A
A
A
A
=
--
..
..
E9, S. t. N,0
A
S
B
H
B
H
B
H
H
11.1.19,9
A
H
H
--
B
--
1s
A
B
B
B
B
B
e
B
C`
CI
C`
CI
R1
B
H
B
B
H
B
B
B
qB
R
B
B
B
B
B
P�mluw�wY.•IN^m. Nw�I.m�. N•�a•tl n�bm.I�0.�16u`es.A^TN A.
CYr ABnPry
B Cb�BPoONN
C CI•�C
NB.. Nmu•ud
N Np ilqu4ertwnb l[t llrt•N•bn¢
P.0. P1rt IbYNe
HT. N¢yiuMw
:5.12.150 Table No. 32 -3 -1 Amended -- Shingle Application. Table No.
32 -3 -1 of said Uniform Building Code Is hereby amended to read, in words and
f,3ures, as follows:
TABLE NO. 32 -9-1- SHINGLE APPLICATION
ASPIYLT MINGLU
NOT FERYn1E0 BELOW i:1}
x. l} TO LEBB TIYNI:1] 1_12 AND OVER
RGOF SLOPE
SECT( REQUIREMENT
A.MM MmBlr wu d Irl•ntl la rNl MwA•d rn01A SMtlmM •M]
m�lwm 109tlb'n $Stt (� •p ]51] (�( ]
UNOERLAYMENT
AW"A wp MnOY• IN, a m•wNe w: Ibpw
OM 1.1•r rorpnwuwl TNr 15 IM irpE $
r b:v u x :row n :x iM:W. Ww'm IL.
In„Atl NII IrNii, y:d 1 ]IMr rMiuM w
'n�Y Inn Cmn•
Mnp1.. rpwtl W.wlrq
tlyd pbr.
.tltl Nd v
I
wnp d tN UYA d roTwlwtltl iH:. IS
A T" 15
IM �:tl Miry4 IW'OII. 9•nlrN ,:11A .
IaYlylwtl. Ywl •M L bIM.ld. Y:ul w
5 tl IM •.r.P .AC: ugtlN.m VMI Myl p.
Sra. clmm.
3tl^. r w NnpMY• cl'mtl.. ,Iq Ylalnnury
SL+n u la IMpnN c.i., Mwl Inb u
anr.'M.wNwMaMn
IM M bY.n 4uY C• Mla a•rtlnlE I%Inw
I.1.1 N., 10 Wb0 1., o: wtlw Gbu Lou
..wa na a.OUlaq,
'I^ +FVrv.Nd am.m � mtl.0 LaN•w In.
tllr Nut a Np].d wm �n...:w.� . II+. Ix
.IMaro I,nT II:• . Iro IIY 1001 b .TIM
y1My Intl. IM .bb •I m. L W I,p
24
x1 IML.. m.w .M ..uAw tlu 1M w Ir
¢,,.,,la lodtlnM.
wag.
Jr+',nance Co.
?age 20
TABLE NO. 32- B- 1- (Continued)
ATtALMM'NT
21 12: 11WL THAN SI'!
'ype prr
Cw,W6a•e nvro, ^n� „+rum '$YAa 38 e.: natq or xnrOVW wrnr»rw�NYl ap.s.
n
'4AN ah<eNlnp Pcr a .Ikma 2516 b) still 2517 (h) a and (hall W nor km Than 19 /12' ro,,mclurme.
,M, norm align.
ss, hrM roan
aria Yai�Myly art r<mMaad U9c S:arEUIW 25:'1
aM.a MLI Ce bq Mavp.1 la [soko.. vM I. sl Y4 rcf > inrwph ;M '. d ;M
dimak aurae
Wang -or— a I<aa. ra .daa WI Y salua, d WI M - .!knot. plu
Same as forolhm dlmxle Annus. rssid that u..,ytaco Ne ca
or.l.ns. rtu6'V
6w.�.firth urJ
e, fin damminy
wr v. I s Irtn tluv. _ Wr M W rna• .fauuq cy nuMC—'. uaaMlona ok..I
dA-
. two l , pplin
Into e1w) W apples ehl, falMm
or ontall
ar no a,knit fiarw ccuaa< WII oa YmarM rau<M M
pikeminlmum, appi'
n Myl.
:aweu'f
P. manuramssr. I —Ionem M. µh wcxyla d Na'.
Figs red
Ha era rx4-a waalhw aalpwry final( for lrCaM;lau pxmllM rarrM latl J;M'od
{y ary rtlpa
__
One Iay0, Magduty fdl a 1yM 20 felt aide Uppd 2 IrkMe and en
Marpd
P« TanNaein ✓a fcnrva iMIW W .1 plckgla d ✓npka.
FLASHING
11 Laum �y 0 • p
•lea
�'JINr -nnq
Ir Saiun JAO I =12
�FV..a (vMlm<auChp.— appolon onsts,(hall W an-.. maNbdunra�Mru
ng Code are
reby amended to read, in words and figures, as follows:
TABLE NO. 32 -D -1 -- ROOFING TILE APPLICATION FOR ALL TILES
ROOT SLOB
21 12: 11WL THAN SI'!
3:12 MD OVtR
D[CR Rr"MtMENre
'4AN ah<eNlnp Pcr a .Ikma 2516 b) still 2517 (h) a and (hall W nor km Than 19 /12' ro,,mclurme.
UNOLRUT[CN'!
dimak aurae
Same as forolhm dlmxle Annus. rssid that u..,ytaco Ne ca
ra'IIK tlo Mnagrnm
p Ne rlof la a Ilrc 24 Inside the
uhJ Ilrc of the WIks
e, fin damminy
Du)1.uP rmin0. m. .
. two l , pplin
Into e1w) W apples ehl, falMm
or ontall
nr spade(m
pikeminlmum, appi'
in
aria wI1dN rvnmWlvged :0,MRI anappro ed nunp nalenal.
and sot sm
rm�
r ahman In I^9 4n.
per
per Se<(bn 5266 NI p.
bill 4.
4or r:ha ter 2�,
so, his, na rr.'yulyd.
__
One Iay0, Magduty fdl a 1yM 20 felt aide Uppd 2 IrkMe and en
Onckr aura
cllmale
Iappetl S lnrhm
ATTAC06NT a
Type of faetrncr.
nt netts t Ihxr. Na 11 gauge. 5/ISJrreh Matl. F spoil comply Mlll Um
M,iuk nt. of morst
of U.N.C. SIaMaN 25-12. Faetm0,e aha11 W krug morph to p
repulr0, dl Info W. 3p
mch nr the of the ,heath( =pb, 0,b toe. j ,pole
Mrt for day trt mncmr< the
hud r rmmote
he HC. Standalde
elrell not 1- mat than tax 1
.malkr than Ha 1 a plug, xrxf shall comply Mlh Lr So n& No, 32-P and 32 la,
vp of fxalmm 2.3
On<k.imrr peT rlk Flar uk
feelrn Pa uk. Only pre raitntbr on s d 7:12 and Mee
Wthuut vetlml law, two
for
for Olo Mlh IMUIkd vArtht etteedl 7 s e for '.um rrol
ron"ne p0, bit,
I
haNryta wlaDlmAreatcr (tin tolrchee4
IMMe nJnMum
RL<8H1NG —�
R+ S W ns 326R (r) 1 C aMl 9209 I<I 2,
I In aria: aura. a mmrmum of wo faatmcre p<r Ilk art rtyum d.
2 ell III -.hall be r,bAd ae follow.:
In) 1M h-d. o; all Idea shall or oulol.
Ih) The noe< Mall saw cm m< nk. It N Geknd Wth appooMd faetrrkus located! In mlddle I/2 Mdth N 6k,
and Mthln s- Of bull
Irl All of (font shalldtlbR nladrd Mlh (wm nade.
Id) melnlpoolm x.11111. by and I.JO, heann rail b, In appmvrd dhra” In eu ll quanury to pond d ,
In m�w'.ma a mlmmum pf Ivp foalmm prr uk are rrywred. nr Wnm. and relc ynlmrr
un ,hp's mTr 24 .12. Ilk cox root 4 all hlna shall I:, w.mly fa.und.
Ordnance No.
page 21
TARIE NO. M -O-S — CIAT OR CONCR ROOFING TILE APP lffoR
QITPiO.00IONG TIIE WTTR FROJ60fR1G A1PCIiOR WGB
SWP6
4:12 AND OvlA
IBSoltl
ahutli4y to SmUcona2519(1) and 451] Ih18 M•tu i berrct krthan In /9Y
J • aum6 t
an— 1Mr im ors n al
b1�y Itnm Inc vea up Ble Innf b a 11144 .1u,a hntle t1¢ ezivbr wall 1Yp of
r—ZE��.
s v ahoam In !yurt
laym of Vic underkynrnt .hall be a,," ahmgle faahbn and ,OM atlmkd uyetter Mth
—O d, material.
u—
On<laer Irr.MN puae Type dO mt;a"M 41rcM ha Wh1 and a babe._1..Lh
Cmvbn- teatwaut nark mt kaa Ilan N 11 yule. 5/1B1rch bad—
Faa(enen ahaa corryly am, Uc rtyu4mcnb of U,11C. tuandant N., u -17
Fasu—ni a1Wl be lay mough to Merck Inn, Ne b mmaIl Ywd" 91l urh w uunuiph the
i1mim . a tM .h< 0h'p. whlehev<r 1a lei. Nlaehby Ma br e1q m mmek uk .hall mt 4 mOazi,'
Jun 14 yule aM .lull mnq{ MN U.B.C. Sunufard. Nu, yA anal M,13. B.'bamal hatlm. art
I equlrtd m roltl .huUby br sbpo ]:14 aM aa.1 IyymW hatlm. art rtyu4ed kr Jopea aer ] 1] ]
offasl _nra
I
One faam —, mery uk.a
ilk u,ul lap
imch rtminanm
BN
Rr5 hmn=M (c) I c alt! MOB l44
11 nu,. MW L ..hOul a. b1bw.;
lal iM IIWs a aY ills tlu0 be ro .
IN the row a all x mum Jlra dull be lannint! MN appmaeJ fa.tmm Inokd In mkNk 1/4 ralU oink
am MNM T of l,um
(d 41 rake tlb.hall be tails. MIb tw
(d) Pi<ma orall Jdlc hip and rake tlk..hdl beet in eppmeE aaheaM In augment yuantlb in hoM aver
a mwmmm anu of ban, a— echo m each We.
' Baum. abag t rot ka. f an I.mch by J -Inch nmNlal. prp latorla shag be rtrae br daYlye bercalh batten. by
mmtmum a I /Birch raem at mh wan a by a.fut by batten. with at but 1 /4.Ilah ipantbn luivm. haiku..
flatkru nNll In fain r TN •,, meal faumnea 1'. at mt more mum 241ndu m mule,.
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15.12.166 Section 3802 (h ) Amended - Group R, Division I,
Occupancies. Secti an 3802 h of said 'Jni form Building Code is amended to read
as follows:
Section 3802(h) Group R, Division 1 Occupancies. An automatic
sprinkler system shall be installed throughout every Group R,
Division 1 Occupancy as follows:
An automatic sprinkler system shall be installed throughout
apartment houses three or more stories in height or containing
16 or more dwelling units, in congregate residences three or
more stories in height and having an occupant load of 50 or more
and in hotels three or more stories in height or containing 20
or more guest rooms. Residential or quick- response standard
sprinklers shall be used in the dwelling units and guest room
portions of the building.
I I n
Ordinance No.
?age 22
In all new Group R, Division 1 Occupancies, other than those
specified 1n subsection ;h) 1. above, the system shall be
installed in accordance with UBC Standard 38 -3, "Installation of
Automatic Fire Sprinkler Systems in Apartment Houses, Hotels,
and Congregate Residences Less than Three Stories in Height."
Division 3 and Group M, Division 1, Occupancies and Reconstructed
Section 3802 of said Uniform Building Code is amended by adding
'I), (j) and (k) to read as follows:
Section 3802(i) Group R, Division 3, Occupancies. An automatic
fire sprinkling system shall be installed in all new Group R,
Division 3 Occupancies. System design and installation shall be
conducted in accordance with UBC Standard 38 -4, "Installation of
Automatic fire Sprinkler Systems in Dwellings and Lodging Houses."
;j) Group M, Division 1 Occupancies. An automatic fire sprinkling
system shall be installed in all new Group M, Division 1 Occupancies
constructed within ten feet (10') of a spr nklered residential
occupancy on the same property .
EXCEPTION: Group M, Division I Occupancies exempt from permit
requirements by Section 301(b) 1 of the Uniform Administrative
Code, as adopted.
Such buildings attached to or accessory to residential buildings may
be supplied from the system serving the primary use, however, piping
and installation within the accessory portions shall be in accordance
with UBC Standard 38 -1.
fk) Reconstructed Buildings. Any existing building of an occupancy
referred to in subsection (h), ;i) or (j) of this Section, that is
hereafter damaged as a result of fire, earthquake or other disaster,
and which requires substantially complete demolition and
reconstruction, shall be provided with an automatic fire sprinkler
system as specified in the pertinent subsection.
15.12.172 Section 3803 Amended -- Sprinkler system Supervision
Alarms. Section 3803 of said Uniform Building Code is amended to read as
follows:
Section 3803. All valves controlling the water supply for automatic
sprinkler systems and water -flow switches on all sprinkler systems
shall be electr+cally supervised when the number of sprinklers are:
(a) Twenty or more in Group 1, Division 1 Occupancies and Group R,
Division 1 Occupancies regulated by Section 3802(h)1.
Z I I
Ordinance No.
Page 23
;b; Ore hundred or more in all other occupancies
Tai ve supervision and water flow alarms and trouble signals shall be
?is^. i nctly different and shall be automatically transmitted to an
approved central station, remote station or proprietary supervising
station as defined by national standards, or, when approved by the
building official with the concurrence of the chief of the fire
department, sound an audible signal at a constantly attended
location.
EXCEP ?ION:
Jnderground key or hub valves in roadway boxes provided by the
municipality or public utility need not be supervised.
Deleted. - Appendix Chapters 1,7,10,1?,
Uniform Building Code are hereby deleted.
15.12.180 Appendix Section 3210 Amended -- Reroofing. Section 3210 of
the Appendix of the Uniform Building Code is hereby amended to read as
follows:
Section 3210. Reroofing. New roof coverings for existing buildings
shall not be applied without first obtaining a permit therefor from
tae Building Official. An inspection may be required to determine
the acceptability of an existing structure for reroofing. A final
inspection and approval shall be obtained from the Building Official
when reroofing is completed.
15 ''2 1g0 Ap Dendix Section 7003 Deleted-- Permits Required. Section
7003 of the Appendix of said Uniform Building fo de is hereby deleted.
15_12.200 Appendix Section 7004 Amended -- Hazardous Gradinq. Section
7004 of the Appendix of the Uniform Building Code is hereby amended to read as
follows:
Section 7004. Hazardous Grading. Whenever the Building Official
determines that any existing natural slope, or any excavation,
embankment, fill or other condition created by a grading project has
become a hazard to life or limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage
channel, the Building Official may give the owner of the property
upon which the ccnditio^ is located, or other person or agent in
control of said property, a written notice to abate the condition.
'Joan receipt of suc'n written notice from the Building Official, the
owner or other person or agent in control of said property shall
within the period specified in the notice repair or eliminate such
ZI Z
Ordinance No.
Pace 21
natural slope, excavation, embankment, fill or other condition so as
to eliminate the hazard and be in conformance with the requirements
of this :ode.
15.12.210 Appendix Section 7005 Added -- Definitions, Section 7005 of
the Appendix of the Uniform Building Code is hereby amended by adding the
°ollowing definitions:
1. Final Grading Plan is a plan showing all detailed drainage
information, grade elevations, locations and floor
elevations of any buildings.
2. Preliminary Grading Plan is a plan showing building pad
elevations, typical drainage methods to be utilized, and
similar generalized information, usually excluding finish
floor elevations, building locations, and specific drainage
details.
15.12.220 Appendix Section 7006 Amended- -Plans and Specifications.
Section 7006 of the Appendix of said Uniform Building Code is hereby amended
to read as follows:
Section 7006(a) Plans and Specifications. When required by the
Building Official, each application for a grading permit shall be
accompanied by three sets of plans and specifications, and supporting
data consisting of a soils engineering report and engineering geology
report. The plans and specifications shall be prepared and signed by
a civil engineer when required by the Building Official.
;'o) 1 grading permit may be issued based upon a preliminary grading
plan where insufficient precise detail of site improvement exists at
the time of grading permit issuance. Where grading is accomplished
based upon a preliminary grading plan the submittal and approval of a
final grading plan shall he required prior to the issuance of any
building permit for the site.
Preliminary grading plans shall include sufficient detail to assure
that at the time of final grading plan submittal, all standards and
specifications of this code and other City grading regulations will
be met.
;c) Information on Plans and in Specifications. Plan shall be drawn
to scale upon substantial paper or cloth and shall be of sufficient
clarity to indicate the nature and extent of the work proposed and
show in detail that it will conform to the provisions of this Code
and all relevant laws, ordinances, rules and regulations. The first
sheet of each set of plans shall give the location of the work and
name and address of the owners and the person by whom they were
prepared. The plans shall include the following information:
213
Ordinance No.
Page 25
General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and
details of terrain and area drainage.
3. Limiting dimentions, elevations and finish contours to be
achieved by the grading.
4. Quantities of excavation and fills.
S. Detailed plans of all surface and subsurface drainage
devices, walls, cribbing, dams and other protective devices
to be constructed with, or as a part of, the proposed work
together with a map showing the drainage area and the
estimated runoff of the area served by any drains.
6. Location of any buildings or structures on the property
where the work is to be performed and the location of any
buildings or structures on land of adjacent owners which are
within 15 feet of the project site or which may be affected
by the proposed grading operations.
7. Size, type and condition of vegetation that is to remain.
&. Legal restrictions such as property lines, easements,
setbacks, etc.
9. Utility structures, catch basins, manholes, culverts, etc.
10. Drainage, sewer, water, gas, electric or other utility
lines.
11. Any unusual site conditions.
12. Contours, both existing and proposed, shall be shown in
accordance with the following schedule:
Natural Slopes Maximum Interval
2% or less 2 feet
Over 2% to and including 9% 5 feet
Over 9% 10 feet
13. Specifications containing information covering construction
and material requirements.
'I) Soils Engineering Report. The soils engineering report required
by subsection (c) shall include data reaarding the nature,
distribution and strength of existing soils, conclusions and
Z.i4
Ordinance No.
Page 26
recommendations for grading procedures and design, criteria for
corrective measures including buttress fills, when necessary, and
opinions and recommendations covering adequacy for the intended use
Of sites to be developed by the proposed grading as affected by soils
engineering factors, including the stability of slopes.
.Recommendations includea in the soils engineering report and approved
by the building official shall be incorporated into the grading plan
or specifications.
(e) Engineering Geology Report. The engineering geology report
required by Subsection (a) shall include an adequate description of
the geology of the site, conclusions and recommendations regarding
the effect of geologic conditions on the proposed development, and
opinions and recommendations covering the adequacy for the intended
use of sites to be developed by the proposed grading as affected by
geological factors. Recommendations included in the report and
approved by the building official shall he incorporated into the
grading plans or specifications.
(f) issuance. The provisions of Section 303 Uniform Administrative
Code are applicable to grading permits. The Building Official may
also require submittal of the following additional information with
the permit application.
i. Extent and manner of cutting of trees and clearing of
vegetation, disposal of same, and measures for protection of
undisturbed trees and /or vegetation.
2. A schedule defining staging and timing of construction and
estimated extent of disturbance at strategic points during
construction.
s. Equipment, methods, and location of spoils disposal.
4. A plan defining the schedule, equipment, materials, and
personnel that will be used to maintain all protective
devices and drainage facilities shown on the approved
grading plan.
5. Designation of routes upon which materials may be
transported and means of access to the site.
5. The location and manner to be used for disposal of excavated
materials and control of erosion from such materials.
7. Recommendations as to the mitigation of fugitive dust and
dirt which may be offensive or injurious to the
neighborhood, the general public or any portion thereof,
215-
Ordinance No.
Page 27
including due consideration, care, and respect for the
property rights, and protection of said neighborhood or any
Portion thereof.
8. Limitations on the area, extent and duration of time of
exposure of unprotected soil surfaces.
Phasing of operations to minimize water run off or other
environmental concerns.
10. Such additlonal applicable information as the Building
Official may require to carry out the purposes of this
ordinance.
(g; Compliance with Plans and Code. The permittee or his agent,
shall carry out the proposed work in accordance with the approved
Plans and specifications and in compliance with all the requirements
of this Code.
(h) Protection of Adjacent Property. Curing grading operations, the
permittee shall be responsible for the prevention of damage to
adjacent property and no person shall excavate on land sufficiently
close to the property line to endanger any adjoining public street,
sidewalk, alley, or other public or private property without
supporting and protecting such property from settling, cracking, or
other damage which might result.
;i) Temporary Erosion Control. The permittee shall put into effect
and maintain all precautionary measures necessary to protect adjacent
water courses and public or private property from damage by erosion,
flooding, and deposition of mud or debris originating from the site.
15.12.230 ADPendix Section 7007 and Tables 70 -A and 70 -B Deleted
00 .
Section 77 and Tables 70 -A and 70 -8 are hereby deleted.
15.12.240 Appendix Section 7008 Amended -- Bonds, Section 7008 of the
in
Appendix of the Uniform Building code is hereby amended to read as follows:
Section 7008(a) Bonds. Prior to the issuance of a grading permit
involving 5000 cubic yards or more of cut and fill, the applicant
shall first post with the Building Official, a bond to assure that
the work to be performed under the permit, if not completed in
accordance with approved plans and specifications, will be corrected
to eliminate hazardous conditions. Such bond shall be executed by
the owner as principal and a corporate surety authorized to do
business in California.
Zell
Ordnance No.
Page 28
in lieu of a surety bond, the applicant may file a cash bond, or
deposit and assign to the City savings and loan certificates or other
instruments of credit.
Where unusual conditions or special hazards exist, the Building
Jfficial may require a bond for grading ir;r:lving less than 5000
cubic 'yards.
The bond required by this Section may include incidental off -site
grading on property contiguous with the site to be developed provided
written consent of the owner of such contiguous property is filed
with the Building Official. The Building Official may waive the
requirements for grading necessary to remove a geological hazard,
where such work is covered by an agreement and bond posted pursuant
to provisions of other Ordinances.
M Amount of Bonds. The amount of the bond shall be based upon the
number of cubic yards of material in both excavation and fill, plus
the cost of all drainage or other protective devices, work necessary
to eliminate geological hazards, erosion control planting and
required retaining walls. That portion of the bond based on volume
of material shall be computed as set forth in the following schedule:
.00,000 cubic yards or less 50% of the cost of the grading
work
Over 100,000 cubic yards 50% of the cost of the first
100,000 cubic yards plus 25% of
the estimated cost of that portion
in excess of 100,000 cubic yards.
(c) Reduction in Bond, When rough grading has been completed in
conformance with the requirements of this Code, the Building Official
may at his discretion consent to a proportionate reduction of the
bond to an amount estimated to be adequate to insure completion of
the work, remaining to be performed. The costs referred to in this
Section shall be as approved by the Building Official.
W Conditions. Every bond shall include the conditions that the
principal shall:
1. Comply with all of the provisions of City ordinances,
applicable laws, and standards.
2. Comply with all of the terms and conditions of the grading
permit.
1
Ordinance No.
Page 20
Complete all of the work authorized by the permit within the
time limit specified in the permit or within any extension
thereof granted. No such extension of time shall release
the surety upon the bond.
e Term of Bond. The term of each bon! shall begin upon the filing
thereof with the Building Official and the bond shall remain in
effect until the work authorized by the grading permit is completed
and approved by the Building Official.
!f! Default Procedures. In the event the owner or his agent shall
fail to complete the work or fail to comply with all terms and
conditions of the grading permit, it shall be deemed a default has
occurred. The Building Official shall give notice thereof to the
principal and surety on the grading permit bond, or to the owner in
the case of a cash deposit or assignment, and may order the work
required to complete the grading in conformance with the requirements
of this Code be performed. The surety executing the bond shall
continue to be firmly bound under an obligation up to the full amount
of the bond, for the payment of all necessary costs and expenses that
;nay be incurred by the Building Official in causing any and all such
required work to he done. In the case of a cash deposit or
assignment, the unused portion of such deposit or funds assigned
shall be returned or reassigned to the person making said deposit or
assignment.
(g; Right of Entry. In the event of default in the performance of
any term or condition of the permit, the Building Official or the
surety, or any person employed or engaged in the behalf of either,
shall have the right to enter upon the premises to perform necessary
corrective work or make inspections.
An owner or any other person who interferes with or obstructs the
ingress to or egress from any such premises, of any authorized
representative of the surety or of the City of Rancho Cucamonga
engaged in the correction or completion of the work for which a
grading permit has been issued, after a default has occurred in the
performance of the terms or conditions thereof, is guilty of a
misdemeanor.
15.
12.250 Appendix Section 7010 Amended -- Fills. Section 7010 of the
Appendix of the Uniform Building Code is hereby amended to read as follows:
Z 1
Ordinance No.
?age 30
Section 7010;a) Fills. Unless otherwise recommended in the approved
soils engineering report and approved by the Building Official., fills
shall conform to the provisions of this Section and to Figure A,
Typical Lot Cross- Section for Fills.
EXCEPTION: The provisions of this section may be waived by the
Building Official for minor fills not intended to support
structures.
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OVEPIXCAVAIE MIN. Y AND
AI.
COMPMIEO FlU.
RFLOMPACf WFI£NE BO'n1 ClT AhD
i
FlIL WOUID QMF]iWISE OCCUR IN
SIDPE TO MNMNN
SIiFF. OVEHFILIW
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b) Fill Locations. Fill slopes Shall not be constructed on natural
slopes steeper than 2 horizontal to 1 vertical (2:1). Fill slopes
shall he located so as to toe out not closer than twelve feet (12')
horizontally from the top of a lower natural or cut slope nor closer
than twelve feet (12') from a 2:1 slope influence line projected from
lower natural or cut slope where that slope equals or is less than 2
horizontal to 1 vertical (2:1).
(c) Preparation of Ground. The ground surface shall be prepared to
receive fill by removing vegetation, noncomplying fill, tap -soil and
other unsuitable materials, scarifying to provide a bond with the new
fill, and, where slopes are steeper than five to one, and the height
greater than 5 feet, by henching into sound bedrock or other
competent material as determined by the soils engineer. The bench
under the tae of a fill on a slope steeper than fire to cse shall be
at least 10 feet wide. The area beyond the toe of fill shall be
sloped for sheet overflow or a paved drain shall be provided. Where
fill 1s to be placed over a cut, the bench under the toe of fill
101
Ordinance No.
Page 37.
s hall be at least, 10 feet Nice out the cut must be made before
placing fill and approved by the soils engineer and /or engineering
geologist as a suitable foundation for fill.
;d; Fill Material. Detrimental amount of organic material shall not
be permitted in fills. No rock or similar irreducible material with
a maximum dimension greater than 12 inches shall be buried or placed
in fills.
EXCEPTION: The Building Official may permit placement of larger
rock when the soils engineer properly devises a method of
placement, continuously inspects its placement and approves the
fill stability. The following conditions shall also apply:
.. Prior to issuance of the Grading Permit, potential rock
disposal areas shall be delineated on the grading plan.
2. Rock sizes greater than 24" in maximum dimension shall be 10
feet or more below grade measured vertically.
3. Rocks shall be placed so as to assure filling of all voids
with well graded soil.
;e; Compaction. All fills, including backfill in utility trenches,
shall be compacted to a minimum of 90 percent of maximum density.
EXCEPTIONS:
Fills exempted elsewhere in this ordinance and where the
Building Official determines that compaction is not a
necessary safety measure to aid in preventing saturation,
settlement, slipping, or erosion of the fill.
2. 4here lower density and expansive types of soil exist,
permission for lesser compaction may be granted by the
Building Official upon showing of good cause under the
conditions provided herein.
3. Alternate methods of filling and compaction may be utilized
on utility trenches or other specs fic projects when
recommended by the soils engineer and approved by the
Building Official.
(f) Slope. The slope of fill surfaces shall be no steeper than is
safe for the intended use. Fill slopes shall be no steeper than two
horizontal to one vertical.
Z 2Q
Ordinance No.
Page 32
(g) Drainage and Terracing. Drainage and terracing shall be provided
and the area above fill slopes and the surfaces of terraces shall be
graded and paved as required by Section 7012.
15.'2.260 Section 7013 Amended -- Erosion Controls. section 7013 of
the Appendix of the Uniform Building Code is hereby amended to read as
follows:
Section 7013(a) Erosion Controls. The faces of cut and fill slopes
shall be prepared and maintained to control against erosion. The
protection for the slopes shall be installed as soon as practical and
prior to calling for final approval.
;b) Other Devices. Where necessary, check dams, cribbing, riprap or
other devices or methods shall be employed to control erosion and
provide safety.
(c) Planting. The surface of all cut and fill slopes more than
five ;5) feet in height shall be protected against damage from
erosion by planting with approved grass or ground cover plants.
Plants and planting methods used shall be suitable for the soil and
climatic conditions of the site.
EXCEPTIONS:
1. Planting need not be provided for cut slopes rocky in
character and not subject to damage by erosion, when
approved by the Building Official.
2. Slopes may be protected against erosion damage by other
methods when such methods have been specifically recommended
by a soils engineer, erlineering geologist, or equivalent,
and found to offer erosion protection equal to that provided
by the planting specified in this Section.
;d) irrigation. Slopes required to be planted shall be provided with
an approved system of irrigation designed to cover all portions of
the slope, and plans therefore shall be submitted and approved prior
to installation. A functional test of the system may also be
required.
EXCEPTION: Requirements for installation of a permanent
irrigation system may be modified upon specific recommendation
of a landscape architect or equivalent authority that, because
of the type of plants selected, the planting methods used and
the soil and climatic conditions at the site, such irrigation
system will not be necessary for the maintenance of the slope
planting.
ZZI
Ordinance No.
?age 33
!e; Release of Bond. The planting and i,rigation systems required by
this Section shall be installed as soon as practical after rough
grading. Prior to final approval of grading and before the release
of the grading bond, plantings shall be well esta5lished and growing
on the slopes.
SECTION 6: Chapter 15.:4 is hereby added to Title i5 of the Rancho
Cucamonga Muniripal Code, adopted by Ordinance 412, of the City Council of the
City of Rancho Cucamonga, to read in words and figures as follows:
Sections:
CHAPTER 15.14
Uniform Building Code Standards
15. 14.010
Uniform
Building Code
Standard 38 -3 Amended - Adoption
of NFPA
13R Standard by Reference
15.14.020
Section
1.1 Amended -
Scope
15.14.030
Section
2 -1.3 Amended
- Inspection and Testing
15.14.040
Section
2 -4.2 Amended
- Fire Department Connections
15.14.050
Section
2 -4.6 Amended
- Alarms
15.14,060
Section
2 -6 Amended -
Location of Sprinklers
15.14.070
Uniform
Building Code
Standard 38 -4 Added - Adoption
of NFPA 130 Standard
by Reference
15,14.080
Section
1,1 Amended -
Scope
15.14,090
Section
1-5.1.2 Amended - Listed and Approved
15.14.100
Section
1 -5.1.4 Amended - Testing and Inspection
15.14,110
Section
3 -1.1 Amended
Valves and Drains
15.14,120
Section
3 -6 Amended -
Alarms
15.14.130
Section
3 -7 .Added - Fire
Department Connection
15.14.140
Section
4 -6 Amended -
Location of Sprinklers
Ado ttlon of NF PA i3R Standard by Re terence. Said Uniform put ldtng Lade
Standards, are hereby amended by adoption of NFPA 13R Standard, 1989 Edition,
published by the Rational Fire Protection Association, Inc. Said NFPA 13R
Standard shall be herein referenced as Uniform Building Code Standard 38 -3,
"Installation of Automatic Fire Sprinkler Systems in Apartment Houses, Hotels,
Convents and Monasteries Less Than Three Stories in Height" and shall be
utilized in design and installation of automatic fire sprinkler systems
required by Section 3802(h) 2. of the Uniform Building Code as adopted by this
ordinance, except as further amended by Sections 15.14.020 through 15.14.060
following.
Section 15.14.020 Section I.. Amended - Scope. Section 1 -1 of
said Uniform building Code Standard 38 -3 is hereby amended to read as follows:
7 'Z7
Ord +: nance NO
Page 34
Section 1_I Scooe. This standard shall oe used in design and
installation of automatic sprinkler systems installed in residential
Occupancies less than three stories in height, not witnstdnding any
conflicting story - height referenced herein.
Section 15.14.030 Section 2 -1.3 Amended Inspection and
Testing. Section 2 -1,3 of said Uniform Building Code Standard 38 -3 is hereby
amended to read as follows;
Section 2 -1.3 (a) Inspection and Testing. All supply piping shall be
hydrostatically tested in accordance with NFPA 13 Standard. All
systems shall 6e flow tested in accordance with Rancho Cucamonga Fire
District Standards.
b,` Inspection shall be requested by the permittee at stages of
construction as outlined below:
1. When underground piping is complete bnt prior to concealment of
any portion thereof and prior to connection to the overhead
piping riser. Hydrostatic test gauge(s) are to he in place, the
system flushed and piping pressurized for inspection.
2. When all overhead piping, fittings and riser are installed but
prior to concealment of any portion thereof. Hydrostatic test
gauge(s) are to be in place and the overhead system pressurized
for inspection,
When piping has been concealed and all sprinkler heads, alarm
bell(s), flow and tamper valves and monitoring devices installed
end,'or connected. Testing of associated devices, ie. alarms,
flew and tamper valves and monitoring systems is to be conducted
at this time.
Section 15_14.040 Section 2 -4.2 Amended - Fire Department
connection, At least one, one and one -half inch t 1/2" or one, two and one -
ha l /2 ") fire department connection shall be provided when the sprinkler
system has twenty (20) sprinklers or more. Fire department connections shall
be located in accordance with Rancho Cucamonga Fire Protection District
standards.
Section 15.14.050 Section 2 -4.6 Amended - Alarms. Section 2 -4.6
of said Uniform Building Code Standard is hereby amended to read as follows;
Section 2 -4.6 Alarms. All water flow alarms shall be monitored by an
approved central station in accordance with Rancho Cucamonga Fire
Protection District standards.
-2 Z3
Ordinance No.
?age 35
Section 15.14.060 Section 2 -6 Amended - Location of Sprinklers.
Section 2 -6 of said Uniform Building Code Standard 38 -3 is hereby amended as
follows:
Section 2 -6 Location of Sprinklers. Sprinklers shall be installed in
all areas.
__XCEPTiONS:
1. Sprinklers may be omitted from bathrooms not exceeding fifty -
five square feet (55 sq.ft.) in area with .non- combustible
plumbing fixtures.
2. Spr'nklers may be omitted from small clothes closets where the
least horizontal dimension does not exceed three feet (3ft.) and
the floor area does not exceed twenty -four square feet (24
sq.ft.) and the walls and ceiling are surfaced with material of
Class I flame- spread classification, as defined in Chapter 42 of
the Uniform Building Code.
3. Sprinklers may be omitted from attics, crawl spaces and other
concealed spaces that are not used or intended for living
purposes or storage.
Section 15.14.070 Uniform Buildina Code Standard 38 -4 Addod
Adoption of NFPA 130 Standard by Reference. Said Uniform Building Code
Standards are hereby amended by adoption of NFPA 13D Standard, 1989 Edition
published by the National Fire Protection Association, Inc. Said NFPA 13D
Standard shall be herein referenced as Uniform Building Code Standard 38 -4,
"Installation of Automatic Fire Sprinkler Systems in Dwellings and Lodging
Houses," and shall be utilized in design and installation of automatic fire
sprinkler systems required by Section 3802(1) and (j) of the Uniform Building
Code as adopted by this ordinance, except as further amended by Sections
15.14.080 through 15.14.140 following.
Section 15.14.080 Section 1.1 Amended - Scope, Section 1.1 of
said Uniform Building Code Standard 38 -4 is hereby amended to read as follows:
Section 1.1 Scope. This standard shall be used in the design and
installation of automatic sprinkler systems installed in dwellings
and lodging houses and in certain accessory buildings, not
withstanding any references herein to mobil homes.
Section 15.14.090 Section 1 -5.1.2 Amended - Listed and Approved
Devices. Section 1 -5.1.2 of said Uniform Building Code Standard 38 -4 is
hereby amended to read as follows:
ZZq
Ordinance No.
Page 36
Section 1- 5.1.2. tis ted and approved devices. Only listed or
approved devices and me ter! a is shall be used in automatic fire
sprinkler systems.
EXCEPTION:
Listing may be waived for tanks, pumps and for support devices as
permitted by Section 3 -4.1. Use of unlisted devices shall be
approved by the Building Official with the concurrence of the Fire
Chief.
Section 15.14,100 Section 1 -5.1.4 ,hmend eA - Inspec pion and
Testing. Section 1 -5.1.4 of said Uniform Building Code Standard 38 -4 is
hereby amended to read as follows:
Sectior 1- 5.4.(a) Inspection and Testing. All systems shall be
hydrostatically tested in accordance with NFPA 13 Standard. All
systems shall be flow - tested in accordance with Rancho Cucamonga Fire
Protection District standards.
( b ) Inspections shall be requested by the permittee at stages of
construction as outlined below:
When underground piping is complete but prior to concealment of
any portion thereof and prior to connection to the overhead
piping riser. Hydrostatic test gauge(s) are to be in place, the
system flushed and piping pressurized for inspection.
When all overhead piping, fittings and riser are installed but
prior to concealment of any portion thereof. Hydrostatic test
gaugers) are to be in place and the overhead system pressurized
for inspection.
3. When piping has been concealed and all sprinkler heads, alarm
bell(sl, flow and tamper valves and monitoring devices installed
and /or connected. Testing of associated devices, is. alarms,
flow and tamper valves and monitoring systems is to be conducted
at this time.
Section 15.14.110 Section 3 -1.1 Amended - Valves and Drains.
Section 3 -1.1 of said Uniform Building Code Standard 38 -4 is hereby amended to
read as follows:
Section 3 -1.1 Valves and Drains. Each System shall have a single
control valve arranged to shut off both the domestic and sprinkler
systems, and a separate shut -off for the domestic system only.
-2- 2S
Ordinance No.
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EXCEPTIONS:
The sprinkler system piping may have a separate control valve
where supervised by one of the following methods:
a..entral station, proprietary or remote station alarm system.
b.Local alarm service that will cause the sounding of an
audible signal at a constantly attended point.
2. A separate shut -off valve is not required for the domestic water
supply in multipurpose piping systems.
Section :5.14.120 Section 3 -6 Amended - Alarms. Section 3 -6 of said
Uniform Building Code Standard 38 -4 is hereby amended to read as follows:
Section 3 -6 Alarms. Local waterflow alarm(s) shall be provided on
all systems. The waterflow alarm or alarms shall be located an (an)
exterior wall(s), or such other location(s) as approved by the
Building Official with the concurrence of the Fire Chief, and so
located as to be audible throughout the building.
Chapter 33f said Uniform Building Code Standard 38 -4 is
addition of Section 3 -7 to read as follows:
Section 3 -7 Fire Department Connection. All R -3 occupancies
exceeding 5000 sq.ft. in floor area shall be provided with an
approved fire department connection installed in accordance with
Rancho Cucamonga Fire Protection District standards.
Section 15.14.140 Section 4 -6 Amended - Location of Sprinklers.
Section 4-6 of said Uniform Building Code Standard 38 -4 .s hereby amended to
read as follows:
Section 4 -6 Location of Sprinklers. Sprinklers shall be installed in
all areas.
EXCEPTIONS:
Sprinklers may be omitted from bathrooms not exceeding fifty -
five square feet (55 sq.ft.) in floor area with non - combustible
Plumbing fixtures.
Sprinklers may be omitted from small closets where the least
horizontal dimension does not exceed three feet (3 ft.) and the
floor area does not exceed twenty -four square feet (24 sq.ft.)
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Ordinance No.
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and the wails and ceiling are surfaced with materials of Class I
flame spread classification as de fi red in Chapter 42 of the
7niform Building Code.
3. Sprinklers may be omitted from attics, crawl spaces and ether
concealed spaces that are not used or intended for living
purposes or storage.
4. Sprinklers may be omitted from entrance foyers that are not the
only means of egress.
SE
S ET10N ? Chapter 15.16 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15.16
Mechanical Code
Sections:
15.16,010 Chapters 1, 2, 3, Deleted.
15.16.010 Chapters 1, 2 and 3 Deleted. Chapters 1, 2, and 3 of said
Uniform Mechanical Code, 1988 Edition are hereby deleted.
SECTION 8. Chapter 15.20 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15.20
Plumbing Code
Sections:
15.20.010 Part I Deleted -- Administration
15.20.020 Section 1004(a) Amended -- Materials
15.20,030 Appendix Section D1(b) -- Deleted
15.20.040 Appendix Section D3.4-- Deleted
15.20,010 Part I Deleted. Part I of said Uniform Plumbing Code,
1988 Edition, entitled "Administration" is hereby deleted in its entirety.
15.20.020 Section 1004(a) Amended -- Materials. Section 1004(a) of
said Uniform Plumbing Code is hereby amended to read as follows:
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Drd7racce No.
?age 39
Section 1004(a) Ma ter iai s, �a ter pipe and fittings shall be of
brass, copper, cast iron, galvanized malleable iron, galvanized
wrought iron, galvanized steel, lead or other approved me ter la s.
Asbestos- cement, PE, or PV' water pipe manufactured to recognized
standards ,nay be used for cold water distribution systems outside a
building. All materials used in the water supply system, except
valves and similar devices, shall be of a like material, except when
otherwise approved by the Administrative Authority.
15.20.030 Appendix Section DI(b) Deleted, Section Dl'b) of
Appendix D of said Uniform Plumbing Code is 'hereby deleted.
'.5.20.040 Appendix Section D3.4 Deleted, Section D3.4 of Appendix D
of said Uniform ?lumbing Code is hereby deleted.
SEC TIOtI 9. Chapter 15.28 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15,28
CODE FOR ABATEMENT OF DANGEROUS BUILDINGS
Sections:
15.28.010 Section 103 Deleted
:5.23.020 Section 201(c) Deleted
15.28.030 Section 203 Deleted
15.28.Od0 Section 205 Amended- -Board of Appeals.
15,28.050 Section 206 Added --Summary Abatement,
15.28.050 Section 801 Amended -- Demolition Procedure.
15.28.070 Section 802 Deleted.
15.28.080 Section 901 Amended -- Expenses Incurred by City in Repair or
Demolition.
15.28.090 Section 902 Amended -- Council Ruling.
15.29.100 Section 903 Amended -- Objections.
15.28.110 Section 904 Amended -- Passage.
15,28.010 Section 103 Deleted, Section 103 of said Uniform Code for
Abatement of Dangerous Buildings is hereby deleted.
15.28.020 Section 201(c) Deleted. Subsection ;c) of Section 201 of
said Uniform Code for Abatement of Dangerous Buildings is hereby deleted.
15.28.030 Section 203 Deleted. Section 203 of the Uniform Code for
the Abatement of Dangerous Buildings is hereby deleted.
'LZt�
Ordinance No.
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15,28,040 Section 205 Amended - -Board of Appeals. Section 205 of the
' dniform Lode for Abatement of Dangerous Buildings is amended to read as
.follows:
Section 205. "Board of Appeals" as used herein shall mean the Board
of Appeals as set forth in Section 204 of the Uniform Administrative
Code as adopted in this Title.
Appeals to the board sh a I i be processed in accordance with the
provisions contained in Section 501 of this code.
:5.28.050 Sections 206 Added-- Sumnary Abatement. The Uniform Code
for Abatement of Dangerous Buildings is amended by adding Sections 206 and 201
to read as follows:
Section 205(a) Summary abatement. In addition to the procedures
provided for abatement of dangerous buildings as set forth in Chapter
4 of this Code, the Building Official is hereby given summary power
to secure from entry any structure or premises which in his
discretion he determines to be immediately dangerous, or immediately
hazardous or in other manner injurious to public health or safety.
Such structures may be secured by the Bailding Official by nailing of
boards over the doors and windows of such structure, however, he
shall not be limited to only this method and may use other methods at
his discretion to accomplish the same purpose which may be more
appropriate under the circumstances. The Building Official shall
also post a sign stating in effect "DANGEROUS BUILDING, DO NOT
ENTER ": or other appropriate sign upon the structure or premises in
at least one conspicuous place. The Building Official shall
immediately upon such action send notice to the owners of the real
property upon which the structure or condition is located, as shown
on the last equalized assessment rolls. Such notice shall contain
the following information:
1, That he has secured the structure or corrected the hazardous
conditions.
2. The cost incurred by the City thereby.
3. That he has posted signs as provided by this section.
4. The reasons why he has taken the action,
5. That an appeal may be made within ten 10) days to the City
Council, as provided in this Section.
6. That if his action is not annulled by the City Council, the
cost of securing the property shall become a lien upon the
real property, unless the cost is paid to the City within
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Ordinance No.
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thirty (30) days of the mailirig of the notice. If any owner,
Of property, or any person having any interest in property
affected by the action of the Building Official in securing
a structure or abating a hazardous condition as permitted by
this section, is aggrieved by the action of the Building
Official in securing the structure, such person or persons
may appeal the action of the Building Official by filing a
written notice of appeal with the City Clerk within ten (l0)
days after receipt of notice of the action by the Building
Official. The notice of appeal must be verified under
penalty of perjury and must state the grounds upon which the
action of the Building Official is appealed. The Ci
Council shall, upon receiving such notice of appeal, hear
any evidence or other relevant matters presented by the
appellant or the Building Official at its next regular
meeting after the filing of the notice of appeal, provided
however, if the notice of appeal is filed lass than ten days
prior to the day of a regular meeting of the City Council,
the hearing shall not be held at the first regular meeting,
but at the following regular meeting.
After hearing all evidence and other relevant matters
presented at said hearing, or without hearing if no appeal
is made upon the report of the Building Official, the City
Council may then confirm, amend, or annul the action of the
Building Official. If the action of the Building Official
is annulled, the City, at its own expense, shall remove any
and all instruments used to secure said structure, and shall
remove any and all signs stating that the building is unsafe
to enter.
If, however, the City Council confirms the action of the
Building Official in securing the structure at the hearing
on appeal, or, if no appeal is taken, at any other regular
meeting, or adjourned meeting, then the cost incurred by the
City in securing the structure shall become a lien against
the property, and a resolution of the City Council
confirming the action of the Building Official, including
the imposition of a lien upon the property upon which the
structure is located to pay for the cost of securing it, may
be adopted aeon receipt of a report from the Building
Official. Such resolution may be filed with the San
Bernardino County Tax Assessor, and the lien imposed thereby
may be collected for the City by him, along with the next
annual tax levy and assessment on said property.
;b) The came procedure, as provided in subsection (a) for abating
through securing from entry any structure which is determined by the
Building Official to be immediately dangerous or immediately
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Ordinance No.
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hazardous may also be used by the 3ui!ding Official in connection
with the summary abatement of all other dangerous or hazardous
conditions upon private property which the Building Official
determines, at his discretion, as con=stituting an immediately
dangerous or hazardous condi.cion.
Tne Bu"J;ng Official may then summarily abate such nuisance, at h'.<
discretion, in the most appropriate manner under the circumstances,
which may include, but shall not he limited to the following
methods: fencing, draining water from swimming pools and filling
with appropriate ballast, removing fire hazards, filling or covering
open holes and grading or strengthening land fills or excavations.
Although the manner and method used by the Building Official shall be
at his discretion, he shall, in making his determinations, seek the
most economical method and endeavor not to place an undue economical
hardship upon the owner of the property, and only use those measures
which will eliminate the dangerous and hazardous features.
:5.28.060 Section 801 Amended -- Demolition Procedure. Section 801
of the Uniform Code for Abatement of Dangerous Buildings is hereby amended to
read as follows:
Section 801, Procedure. When any work of repair or demolition is to
be done pursuant to Section 701(c) 3 of this Code, the Building
Official shall issue the order therefore and the work shall be
accomplished by City personnel or by private contract under the
direction of the Building Official, or he may employ such
architectural and engineering assistance on a contract basis as he
may deem reasonably necessary, if any part of the work is to be
accomplished by private contract, standard public works contractual
procedures shall be followed.
15.28.070 Section 802 Deleted. The Uniform Code for Abatement of
Dangerous Buildings is hereby amended by deleting Section 802 in its entirety.
15.78_(180 Spctinn 901 Amended -- Expenses Incurred by City in Repair
011tion, Section 9U1 Of the Uniform Lode for the Abatement of Oangerou5
ngs is hereby amended to read as follows:
Section 901. The Building Official shall keep an itemized account of
the expense incurred by the City in the repair or demolition of any
building done pursuant to the provisions of Section 701 (c) 3 of this
Code. Upon the completion of the work of repair or demolition, the
Building Official shall prepare and file with the City Clerk a report
specifying the work done, the itemized and total cost of the work, a
description of the real property upon which the building or structure
is or was located, and the names and addresses of the persons
entitled to notice pursuant to Subsection (c) of Section 401.
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Ordinance Yo.
Page 43
15.28.090 Section 902 Amended -- Council Ruling. Section. 902 of the
in! `orm Code
for the Abatement of Dangerous 3uild4ngs is hereby amended to
read as follows:
Section 902, Upon receipt of said report, the City Clerk shall
present it to the City Council for consideration. The City Council
shall fix a time, date and place for hearing such report, and any
protests or objections thereto. The City Clerk shall cause notice of
said hearing to be posted upon the property involved and served by
certified mail, postage prepaid, addressed to the owner of the
property as his name and address appears on the last equalized
assessment roll of the county, if such so appears, or is known to the
Clerk. Such notice shall be given at least ten (10) days prior to
the date set for hearing and shall specify the day, hour, and place
when the Council will hear and pass upon the Building Official's
report, together with any objections or protest which may be filed as
hereinafter provided by any person interested in or affected by the
proposed charges.
15.28.100 Section 903 Amended -- Objections. Section 903 of the
Uniform Code for the Abatement of Dangerous Buildings is hereby amended to
read as follows:
Section 903. Any person interested in or affected by the proposed
charges may file written protests or objections with the City Clerk
at any time prior to the time set for the hearing on the report of
the Building Official. Each such protest or objection must contain a
description of the property in which the signer thereof is interested
and the grounds of such protest or abjection. The city clerk shall
endorse on every such protest or objection the date it was
received. The protests or objections shall be presented to the City
Council at the time set for the hearing, and no other protests or
objections shall be considered.
15.28.110 Section 904 Amended -- Passage. Section 904 of the Uniform
;ode for the Abatement of Dangerous Buildings is hereby amended to read as
follows:
Section 904. Upon the day and hour fixed for the hearing, the City
Council shall hear and pass upon the report of the Building Official
together with any such objections or protests. The Council may make
such revision, correction or modification in the report or the charge
as it may deem just; and when the Council is satisfied with the
correctness of the charge, the report (as submitted or as revised,
corrected or modified) together with the charges shall be confirmed
or rejected. The decision of the City Council on the report and the
charge, and on all protests or objections, shall be final and
conclusive.
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Ordinance No.
°age 44
5ECT10N 10. Chapter 15.32 of the Rancho Cucamonga Municipal Code is
amended to read, in words and figures, as follows:
CHAPTER 15.32
HOUSING CODE
Se `:ons:
15.32.013 Section 104 Deleted
15.32.020 Section 201 Subsection (a) and (b) Deleted.
15.32.030 Section 203 Amended -- Housing Advisory and Appeals Board
15.32.040 Section 204 Deleted
15.32.010 Section 104 Deleted. Section 104 of said Uniform Housing
Code is hereby deleted.
15,32.020 Section 201, Subsection (a) and �b) Deleted. Subsections
(a) and ;b of Section 201 of said Uniform Housing Code are hereby deleted.
15,32.030 Section 203 Amended-- Housing advisory and appeals board.
Section 2G3 of said Uniform Housing Code is hereby amended to read as follows:
Section 203. "Housing Advisory and Appeals Board" as used herein
shall mean the Board of Appeals as set forth in Section 204 of the
Uniform Administrative Code hereby adopted. Appeals to the Board
shall be processed in accordance with the provisions contained in
Section 1201 of this code.
15 .32.040 Section 204 Deleted. Section 204 of the Uniform Housing
.:ode :s hereby deleted.
SECTION 11. Chapter 15.36 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
Chapter 15.36
Sign Code
Sections:
15.36.010 Section 103 Deleted
15.36.020 Section 303 Deleted
15.36.030 Section 304 Amended -- Fees
11,36.040 Chapters 5 through 12 and Chapter 14 Deleted
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Ordinance No.
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1.5.36 .010 Section 103 Deleted. Sa'd Uniform Sign Code is amended by
deleting Section 103 in its entirety.
.1,36.020 Section 303 Deleted. Section 303 of said Uniform Sign Code
s hereby deleted in its entirety,
:.36.030 Section 304 Amended -- Fees. Section 304 of said Uniform
Sign Code 's hereby Amended to read as follows:
Section 304. Fees for sign permits and plan checking shall he
calculated as set forth in Section 304 of the Un; form Administrative
Code as herein adopted and amended in this Title.
15.36.040 Chapters 5 through i2 and Chapter 14 Deleted. Said Uniform
Sign Code !s hereby amended by deleting Chapters 5, 6, 7, 8, 9, 10, 11, 12,
and 14 in their entireties.
SECTION 12. Chapter 15.40 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
CHAPTER 15,40
B'JILDIBG SECURITY CODE
Sections:
16.40.0
i0
Section
4101 Amended
-- Purpose
.5.40.020
Section
4102 Amended
-- Application
15.40.030
Section
4106 Amended
-- Doors and Hardware
15.10.010
Section
4107 Amended
-- Sliding Doors
15.40.050
Section
4108 Amended
-- Windows
15 .40.060
Section
4109 Amended
-- Garage Vehicular Access Doors
;5,40.070
Section
4110 through
4115 Added -- Multiple - Family Developments
Section 15.40.010 Section 4101 Amended -- Purpose. Section 4101 of
said Uniform Building Security Code is amended to read as follows:
Section 4101. Purpose. The purpose of this code is to estahl ish
minimum standards to make newly constructed dwelling units and
additions to dwelling units, and private garages resistant to
unlawful entry and to facilitate protection of property.
Section '.5.4.020 Section 4102 Amended -- Application. Section 4102
of said Uniform Building Security Code is amended to read as follows:
Section 4102, Application. The provisions of this chapter shall
apply to openings into dwelling units of Group R, Division I
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7rd!nance No.
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Occupancies, Group 7, Division 3 Occupancies and into garages of
Group N -1 Occupancies, as defined in the Uniform Building Code,
including openings between attached garages and dwelling units.
EXCEPTIONS:
An opening in an exterior wall whet all portions of such
opening is more than 12 feet vertically or 6 feet
horizontally from an accessible surface of any adjoining
,ard, court, passageway, public way, breezeway, patio,
planter, porch or similar area.
2. An opening in an exterior wall when all portions of such
opening is more than 12 feet vertically or 6 feet
horizontally from the surface of any adjoining roof,
balcony, landing, stair tread, platform or similar structure
or when every portion of such surface is itself more than 12
feet above an accessible surface.
3. Any opening in a roof when all portions of such roof are
more than 12 feet above an accessible surface.
4. Openings where the smaller dimension is 6 inches or less,
provided that the closest edge of such openings is at least
36 inches from the locking device of the door or window
assembly.
S. Openings protected by required fire door assemblies having a
fire endurance rating of not less than 46 minutes.
15.40.030 Section 4106 Amended -- Doors and Hardware. Section 4106
of the Uniform Building Security Code is amended to read as follows:
Section 4106 !a) Doors and Hardware. Swinging pedestrian doors and
their hardware regulated by this chapter shall comply with UBC
Standard No. 41 -1, Part I or equivalent standard. Doors and hardware
shall be installed as tested.
EXCEPTION: Doors and hardware fabricated and installed as set
forth in Subsections (b) through (i) below.
;b) Ooor construction. Such doors shall be of solid construction
with a minimum thickness of one and three- quarters inches (1 -3/4 ")
except for recessed panels which may be not less than nine - sixteenths
inches (3!161') thickness.
',c; Locking devices. Such doors shall be equipped with a double or
single cylinder deadbolt lock. The bolt shall have a minimum
projection of one inch (1 ") and be constructed so as to repel cutting
Z 3S
Ordinance No.
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tool attack. the deadbolt shall have an embedment of at least three -
fourths inch (3/4 ") into the strike receiving the Projected bolt.
he cylinder shall have a cylinder guard, a minimum of five :5) pir.
tumblers, and shall be connected to the inner portion of the lock by
connecting screws of at least one - fourth inch ;1/4 "; in diameter. A
dual locking mechanism constructed so that both deadbolt and latch
can be retracted by a single action of the inside door knob, or
lever, may be substituted provided it meets all other specifications
for locking devices.
(d` inactive leaves. inactive leaves of double doors shall he
equipped with metal flush bolts at top and bottom having a minimum
cross - sectional dimension of one -half inch (1/211) and a minimum
embedment of five - eighths inches (5/8 ") into the head and threshold
of the frame.
e) Blocking. In wood framing, horizontal blocking shall be placed
between studs at door lock height for three (3) stud spaces each side
of the door openings, Any spaces between jambs and trimmers and
adjoining studs shall be shimmed solid.
(f) Stops. Door stops or wooden jambs for in- swinging doors shall be
of one piece construction with the jamb. Jambs for all doors shall
be constructed or protected so as to prevent violation of the strike.
;g! Glazing. Glazing in exterior doors and other glazed openings
within thirty -six (36 ") inches of any locking mechanism shall be of
fully tempered glass or burglary resistant glaz�oq, except when
double cylinder deadbolt locks are installed.
!h) Strike plate installation. In wood -frame construction, an open
space between trimmers and wood doorjambs shall be solid shimmed by a
single piece extending not less than 12 inches above the strike
Plate.
Strike plates shall be attached to wood with not less than four No. 8
by 3 -inch screws, which shall have a minimum of 3/4 -inch penetration
into the nearest stud. Strike plates when attached to metal shall be
attached with not less than four No. 8 machine screws.
All strike plates of doors in pairs whall be installed as tested.
;i) hinges. When hinges are exposed to the exterior, at least one of
the three required hinges shall be equipped with nonremovable hinge
pins or a mechanical interlock to preclude removal of the door from
the exterior by removing the hinge pins. Not less than three 4 1/2-
inch steel butt hinges shall be symmetrically fastened to both the
doer and frame with not less than four No. 9 3/4 -inch wood screws or
to metal with not less than four No. 8 machine screws.
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Drdina rice p'r'o.
?age 48
in wood construction, an open space between trimmer and wood door
jambs shall be solid slimmed extending not less than 6 inches above
and below the plate.
15.40.040 Section 4107 Amended -- Sl idling doors. Section 4107 of
the uniform Building Standard Code is amended to read as follows:
Section 4107. Sliding doors. Sliding Door assemblies regulated by
this chapter shall comply with UBC Standard 41 -1, Part II or
equivalent standard.
15 ?4.050 Section 4108 Amended -- Windows. Section 4108 of the
Uniform Building Security Code is amended to read as follows:
Section 4108. Windows. Window assemblies which are designed to be
openable and which are regulated by this Chapter shall comply with
UBC Standard 41 -2 unless such windows are protected by approved metal
bars, screens or grilles. See also Uniform Building Code Section
1204.
15.40.060 Section 4109 Amended -- Garage Vehicular Access Doors.
Section 4109 of the Uniform Building Security rode is amended to read as
follows:
Sec Lion 4109(a) Garage vehicular access doors. Rolling overhead,
solid overhead, swinging /sliding or accordion doors provided for
vehicular access to private garages shall be constructed and
installed as set forth in this section.
b; Such doors shall be provided with an exterior covering of one of
the following:
1. exterior grade plywood not less than five- sixteenths inches
(5/16 ") in thickness.
2. Aluminum not less than four - hundredths of an inch (.04 ") in
thickness.
Steel not less than three - hundredths of an inch (.03 ") in
thickness.
4. Fiberglass having a density of not less than five ounces
(5 oz.) per square foot.
5. 'Wood siding not less than nine - sixteenths of an inch (9/16 ")
in thickness.
'c; locking devices. All locking devices utilizing a cylinder lock
shall have a minimum five (5) pin tumbler operation with the locking
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9rdinance No.
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bar or bolt extending into the receiving guide a minimum of one :nch
.;1 "). Slide bolt type locking assemblies shall have a bolt diameter
of not less than three - eighths inch (3/8 "). Slide bolts shall
penetrate the receiving guide not less than one and one -half inches
'. -1/2 ") and shall he attached with three �3) bolts that are not
removable from the outside. ,Rivets shall not be used to attach slide
'"Olt assemblies.
Doors exceeding sixteen feet (161) in width shall be provided with
opposite, centrally located locking points, either at each side or at
top and bottom of the door.
EXCEPTIONS:
For doors nineteen feet (19') or less in width, a single
locking point may be used if centrally located at the floor
or top of the door,
2. Doors provided with torsion spring counter - balance type
hardware.
(d) Frames. Frames for garage vehicle access doors shall be
constructed of one of the following:
1. Aluminum not less than twelve - hundredths of an inch (.12 ")
in thickness.
2. Steel not less than six - hundredths of an inch (.0611) in
thickness.
3. 'Wood not less than one and one -half inches (1 -1/2 ") in
thickness.
15.40.070 Section 4110 through 4115 Added Multiple Family
Dev Clopments. The Uniform Building Security Code is amended by adding
Sections 4110 through 4115 to read as follows:
Section 4110. Complex diagram. There shall be positioned at each
entrance of a multiple- family development, an illuminated
diagrammatic representation of the complex which shows the location
of the viewer and the unit designations and locations within the
complex.
Section all!. Lighting. Lighting in multiple - family dwellings shall
be as follows:
4;sles, passageways and recesses related to and within the building
complex shall be illuminated with an intensity of at least twenty-
2 3Q)
Ordinance No
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five one- hundredths ;.25; footcandles at the ground level during the
hours of darkness. Lighting devices shall be protected by vandal -
resistant covers.
Open parking lots and carports shall be provided with a minimum of
one ;'.) footcandle of light on the parking surface during the hours
of darkness. Lighting devices shall be protected by vandal resistant
covers.
Section 4112. Keying. Upon occupancy, each dwelling unit in a
subdivision or multiple- family development shall have locks using
keys that are not interchangeable with any other dwelling unit in the
subdivis�,on or multiple - family development.
Section 4113. Definitions
1. "Burs l a ry Resistant Glazing" means those materials as
defined in Underwriters Laboratory Bulletin 972.
2. "Double Cylinder Deadbolt" means a deadbolt lock, which can
be activated only by key on both the interior and the
exterior sides.
3. "Door Stop" means the projection along the top and sides of
a door jamb which checks the door's swinging action.
4. "Dwelling" means a building or portion thereof designed
exclusively for residential occupancy, including single -
family dwellings.
5. "Flushbolt" is a manual, key or turn operated metal bolt
normally used on inactive door(s) and is attached to the top
and bottom of the door and engages in the head and threshold
of the frame.
6. "Single Cylinder Deadbolt" means a deadbolt lock which is
activated from the outside by a key and from the inside by a
knob, thumb -turn, lever, or similar mechanism.
SECTION 13. Chapter 15.44 of the Rancho Cucamonga Municipal Code is
hereby amended to read, in words and figures, as follows:
CHAPTER 15.44
Sections:
PENALTIES AND REMEDIES
--
15.44.010 Added -- Penalty for Violations
231
Ordinance No.
?age 5'1
:5.44.020 Added -- Civil Remedies Available
.5.44.030 Added -- Severability
15.44.010 Amended - -Penal tv for Vfola tions. Section 15.44.010 of the
4a n_ho Cucamonga Municipal Code is amended .o read as follows:
Section 15.44.010. Penalty for violation of Title. It s'nalI be
unlawful for any person, firm, partnership, or corporation to violate
any provision or to fail to comply with any of the requirements of
this Title or the Codes adopted hereby. Any person, firm,
partnership, or corporation violating any provision of this Title or
the Codes adopted hereby or failing to comply with any of its
rd Guirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding One
Thousand Dollars $1,000.00) or by imprisonment not exceeding six �6!
months, or ty both such fine and imprisonment. Each such person,
firm, partnership, or corporation shall be deemed guilty of separate
offense for each and every day or any portion thereof during which
any violation of any of the provisions of this Title or the Codes
adopted hereby is committed, continued or permitted by such person,
firm, partnership or corporation, and shall be deemed punishable
therefor as provided in this Title.
:5.44.020 Amended- -Civil Remedies Available. Section 15.44.020 of
the Rancho Cucamonga Municipal Cade is amended to read as follows:
Section 15.44.020. Civil Procedures Available. The violation of any
of the provisions of this Title or the Codes adopted hereby shall
constitute a nuisance and may be abated by the City through civil
process by means of restraining order, preliminary or permanent
injunction or in any other manner provided by law for the abatement
of such nuisances.
15.44.030 Amended - -Se verabil'ty. Section 15.44.030 of the Rancho
Cucamonga Municipal Code is amended to read as follows:
Section 15.44.03. Severability. The City Council hereby declares
that should any provision, section, paragraph, sentence or word of
this Title or the Codes hereby adopted be rendered or declared
invalid by any final court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of
this Title and the Codes hereby adopted shall remain in full force
and effect.
SECTION 14. The Mayor shall sign this Ordinance and the City Clerk
shall cause the same to be published within fifteen X15) days after its
Ordinance No.
?age 52
passage at least once in The Inland 'valley Daily Bulletin, a newspaper of
general circulation published in the City of Ontario, California, and
circulated in the Ca ty of Rancho Cucamonga, California.
?ASSED, APPROVED, and ADOPTED this day of 1992.
AYES:
NOES:
ABSENT:
Dennis Stout, Mayor
ATTEST:
Debra Adams, City Clerk
I, DEBRA ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the Council of the City of Rancho Cucamonga held on
the day of , 1992; a public hearing was held on the day
of , 1992, and was finally passed at a regular meeting of the City
Council of the City of Rancho Cucamonga held on the day of , 1992.
Executed this day of 1,992 at Rancho Cucamonga,
California.
Debra Adams, City Clerk
7 4
ORDINANCE NO. Oke
AN ORDINANCE OF THE CITY CCCNCIL OF 'PIE C=Z OF RANCHO
CLrAM 7NGA, CALIFORNIA, ADDING A NEW CHAPIFR 6.04 TO T14E
RANCHO CJCAM GA MUNICIPAL CODF. PEI?IAINING TO POTW:T Y
DANGEROUS AND /OR VICIOUS DOGS
The City Council of the City of Rancho Cuca o. ga does hereby ordain
as follows:
SE7_TION 1: A new Chapter 6.04 hereby is added to title 6 of the
Rancho Cucamonga Municipal Code to read, in words and figures, as follows:
"Chapter 6.04
"Potentially Dangerous and /or Vicious Does
"Sections:
"6.04.010
Intent
"6.04.020
Definitions
"6.04.030
Non - Applicability of Chapter
"6.04.040
Initiation of Hearing to Determine Dog as Potentially
Dangerous or Vicious
"6.04.050
Seizure and Irpoiudment Pending Hearing
"6.04.060
Notice of Hearing
"6.04.070
Hearing Procedure; Evidence; Standard of Proof
"6.04.080
Failure to Appear
"6.04.090
Determination; Findings; Orders
"6.04.100
Notice and Service of Orders
"6.04.110
C=cimstances Under Which Dogs May Not Be Declared
Potentially Dangerous or Vicious
"6,04.120
Conditional Release of Potentially Dangerous or Vicious
Dog
116.04.130
Registration and Fa.
"6.04.140
Death, Sale, Transfer or Permanent Removal; Notice
116.04.150
Relocation Within City
116.04.160
Rei�aval from List of Potentially Dangerous Dogs
"6.04.7.70
Destruction, Removal from City or Condition Release of
vicious Dogs
116.04.180
Prohibition from Owning or Keeping Dogs
"6.04.190
Severability
"6.04.200
Penalties for Violation of Chapter
"6.04.210
Civil Remedies Available
"6.04.010 Intent. This Chapter is enacted pursuant to the
authority of Article 11, Section 7 of the Constitution of the State of
California and California Food and Pgricultural Code Section 31683 and is
intended to provide effective regulations and controls pertaining to Dangerous
and /or vicious dogs within the City of Rarxno Cucamonga and to ensure pralpt
and adequate procedural mechanisms to control the threat of Dangerous and /or
vicious dogs to the health, safety and welfare of the community.
Z'I J
Ordinance No. �+�$
Page 2
"6.04.020 Definitions.
"A. 'Ani.^al Control Depazt=t' shall man that entity designated by
the City Council for purposes of aniral licensing, care, control, and
regulation and shall include any public or private agency providing animal
control services pursuant to contract or statute.
"B. 'City' mans the City of Rancho Cticamorga and shall include all
territory within the incorporated limits of the City whether new existing or
as incorporated within or annexed thereto from time to time.
"C. ' Fnclosure' rw_ans a fence or structure suitable to prevent the
entry of young children, and which is suitable to confine a vicious dog in
conjunction with other measures which may be taken by the owner or keeper of
the dog. The enclosure shall be designed so as to prevent the animal from
escaping. The animal shall be housed pursuant to Section 597t of the
California Pena]. Code as the sane ::ay be amended form time to time.
"D. 'Hearing Officer' mans the City Manager of City or his or her
designee.
"E. 'Impounded' nears taken into the custody of the Animal Control
Department.
"F. 'Potentially Dangerous Dog' means any of the following:
"(i) Any dog which, when unprovoked, on two separate occasions
within the prior thirty -six (36) month period, engages in arty behavior that
requires defensive action by any person to prevent bodily injury when the
person and the dog are off the property of the owner or keeper of the dog.
"(ii) Any dog which, when unprovoked, bites a person causing a
less severe injury than as defined in Section 6.04.020H.
"(iii) Any dog which, wnen unprovoked, on two separate
occasions within the prior thirty -six (36) month period has killed, seriously
bitten, inflicted injury, or otherwise caused injury to a domestic animal off
the property of the owner or keeper of the dug.
"G. 'Severe Injury' means any physical injury to a human being that
results in muscle tears or disfiguring lacerations or requires multiple
sutures or corrective or cosmetic surgery.
"H. 'vicious Dog' means any of the following:
"(i) Any dog seized under Section 599aa of the California Penal
Cade as the same may be amended from time to time, and upon the sustaining of
a corwiction of the owner or keeper under subdivision (a) of Section 597.5 of
the California Penal Code, as the same may be amended from time to time.
"(ij.) Any dog which, when unprovoked, in an aggressive manner,
inflicts severe injury on or kills a human being.
'z'-1 y
Ordinance No.
Page 3
"(iii) Any dad previously determined to be and currently listed
as a potentially Dangerous dog which, after its aver or keeper has been
notified of such determination, continues or repeats the behavior described in
Section 6.04.020F, inflicts severe injury on a :human being or is maintained in
violation of this Chapter or in violation of any order(s) irq.Dsed after a
hearing and determination pursuant to this Chapter.
°5_04.030 Non- ADOlicability of Chanter. The provisions of this
Chapter shall not apply to any dog utilized by any lad enfor�t department
or any law enforcement officer in the performance of police work.
"6.04.040 Initiation of Hearing to Deter.,une Loa as Potentially
Dangerous or Vicious. If any animal control offices or any law enforcement
officer detergdi that there exists reasonable cause to believe that a dog is
potentially dangerous or vicious, the chief officer of the Anirel control
Deparment, or his or her designee, or the head of the local law enforcement
agency, or his or her designee, ;hall petition the hearing officer for a
hearing for the purposes of determining whether or not the dog in question
should be declare] potentially Dangerous or vicious. whenever possible, any
complaint received from a member of the public which serves as the evidentiary
basis for the animal control officer or law enforoement officer to find
reasonable cause shall be sworn tc and verified by the complainant and shall
be attached to the petition.
"6.04.050 Seimxre and I=mdment Pendu� Hearing.
"A. If upon investigation it is determined by the animal control
officer or law enforcement officer that reasonable cause exists to believe the
dog in question poses an inmiediate threat to public safety, then the animal
control officer or law enforceMant officer may seize and impound the dog
pending any hearing to be held pursuant to this chapter. The owner or keeper
of the dog shall be liable to the City for the costs and expenses of keeping
the dog, if the dog is later determined to be potentially Dangerous or
vicious.
"D. Whenever a dog has been impounded pursuant to subdivision A.
and it is not contrary to public safety, the chief animal control offices
shall permit the animal to be confined, at the owner's or keeper's expense, in
a kennel or veterinary facility approved by the Anirnl Control Department.
"6.04.060 Notice of hear =ng. Whenever a petition for the
determination that a dog is potentially Dangerous or vicious has been filed
with the hearing officer, the chief officer of the Animal Control Deparment
shall notify the owner or keeper of the dog that a hearing will be held before
the hearing offices at which time the owner or keeper ray present evidence as
to why the dog should not be declared potentially Dangerous or vicious. The
owner or keeper of the dog shall be served with notice of the hearing and a
copy of the petition, either cessonally or by first class mail, return receipt
requested. The notice of hearing shall. specify the date, time and place of
the hearing to be conducted before the hearing officer and shall advise the
caner or keeper of the dog of that person's opportunity to personally appear,
or be represented by cou 1, and to present evidence in opposition to the
petition. The hearing shall be held not less than five (5) working days nor
more than ten (10) working days after service of the notice of hearing upon
the miner or keeper of the dog.
Lli,
Ordinance No. �S
Page 4
"5.04.070 Hearing Procedure: Evidence; Standard of Proof. The
hearing on the petition to determine if a dog is potentially Dangerous or
vicious before the hearing officer shall be open to the public. Me hearing
officer nay adnit into evidence all relevant evidence, including incident
reports and the affidavits of witnesses. In determining whether a dog is or
is not potr- ,tially Dangerous or vicious, evidence of the following shall be
considered at said hearing:
"A. Any previous history of the dog attacking, biting or causing
injury to a hu being or other animal;
"B. The nature and extent of injuries inflicted and the number of
victims involved;
"C. The place ,here the bite, attack or injury occurred;
"D. -the presence or absence of any provocation for the bite, attack
or injury;
"E. The extent to which property has been damaged or destroyed;
"F. Whether the dog exhibits any characteristics of being trained
for fighting or attack and other evidence tending to shoe such training,
"G. whether the dog exhibits characteristics of aggressive or
unpredictable temperament or behavior in the presence of human beings or other
dc, e, tic anvnals.
"H. whether the dog can be effectively trained or retrained to
charge its terperar„ent or behavior;
"I. The n, r )er vi which the dog teas been maintained by its owner or
keeper,
"J. Any other relevant evidence concerning the maintenance of the
dog by the owner or };eeper.
"K. Any other relevant evidence regarding the ability of the owner
or keeper of the dog to prevent injuries to the public if the dog is permitted
to remain in the cxsstody of the owner. or keeper of the dog.
"it,e hearing offices ray fined, upon a preponderance of the evidence,
that the dog is potentially Dangerous or vicious and make such orders as are
authorized by this Chapter.
116.04.080 Failure to Appear, The hearing officer may decide all
issues for or against the owner or keeper of the dog even if the owner or
keeper fails to appear at the hearing.
"6.04.040 Determination; Firdims• Orders. Based upon the evidence
presented at the hearing, the hearing officer shall determine whether the deg
should be classified as potentially Dangerous or vicious. The hearing officer
shall make siich findings as are necessary to support the determination as to
whether the dog is potentially Dangerous or vicious and may make such orders
2.1( C�
ordinance No. %* g
page 5
as are deemed reasonably necessary, in accordance with the provisions of this
Chaptiar, pertaining to the release, conditional release, renoval from the City
or other disposition of the dog.
"6.04.100 Notice and vic
Sere of Orders.
"A. At the conclusion of the hearing conducted pursuant to Section
6.04.070, the owner or keeper of the dog shall be notified, in writing, of the
determination, findings and orders issued by the hearing officer, either
personally or by first class mail, postage prepaid. If a determination is
made that the deo is potentially Dangerous or vicious, the owner or keeper
shall comply with all conditions and orders of the hearing officer in
accordance with the tine schedule established by the hearing officer. No dog
found to be potentially Dangerous or vicious shall be released to the owner or
keeper thereof until and unless the Animal Control Departnent shall file with
the hearing officer' a determination that all of the terns and conditions of
the order of release have been or will be corpl ied with in a reasonable time,
"B. If the owner or keeper of the dog contests the determination
and /or orders of the hearing officer, he or she may, within five (5) days of
the receipt of the notice of determination, appeal the decision of the hearing
officer to the Municipal court in accordance with the provisions of California
Food and Agriculture Code Section 31622. Otherwise, the decision of the
hearing officer shall be final.
"6.04.110 Cirermst3nces Under which Dcas 'Tao Not Be Declared
Potentially Darxierous or Vicious.
"A. If, upon the conclusion of the presentation of the evidence at
the hearing, the hearing officer determines that any of the following is true,
then the hearing officer shall not declare the deg potentially dangerous or
vicious:
"(i) If any injury or damage was sustained by a person who, at
the tine of the injury or damage was sustained, was committing a willful
trespass or other tort upon the premises occupied by the owner or keeper of
the dog or was cwmdtting or atterpting to crnmit a rrime upon the premises;
11(ii) If any injury or damage was sustained by a person who, at
the time the injury or damage was sustained, was teasing, tormenting, abusing
or assaulting the dog;
"(iii) If the dog, at the time any injury or damage was
sustained, was protecting or defending a person within the inmiediate vicinity
of the dog from an attack, assault, battery, crime or attenpt to canvnit an
attack, assault, battery or crime; or
"(iv) If any injury or damage was sustained by a domestic
animal which , at the time the injury or darage was sustained, was teasing,
tormenting, abusing or assaulting the dog.
"B. No dog may be declared potentially dangerous or vicious if the
injury or damage to a domestic animal was sustained while the dog was working
as a hunting dog, herding dog, or predator control dal an the property of, or
under the control of, its owner or keeper, and the damage or injury was to a
species or type of domestic animei appropriate to the work of the dog.
Z� J
Ordinance No. X "
page 6
"6.04.120 Condit.ioral Release of Petent� ally Da_merous or Vicious
"If, at the conclusion of the hearing, the hearing officer determines
that the dog in question is a potentially dangerous dog, the hearing offices
shall order release of the dog to the owner or keeper of the dm conditioned
upon the aver or keeper of the dog agreeing to any or all of the following
requirement=_ as the hearing officer deers reasonably necessary to prevent any
risk to public safety:
"A. While on the property of the asner or keeper, the potentially
dangerous dog shall, at all tiles, be kept indoors, or in an enclosure
approved by the Anirai Control Department.
"B. At all times when the potentially Dangerous dog is not on the
premises of the w,,ner or keeper, the aniral shall be securely muzzled and
restrained by a substantial leash, of appropriate length, and under the
control of a person eighteen, (18) years of age or older, who is physically
capable of restraining the dog.
111. 'The owner or keeper of the dog shall provide and maintain
financial responsibility for injuries to the public by obtaining and showing
proof of liability insurance in a form and amount deemed acceptable by the
hearing officer in light of all the circumstances,
"D. The Owner or keeper of the dog shall display, in a prominent
place upon the premises ',wherein the dog is kept or maintained, a sign easily
readable by the public using the words "BEWARE OF DC971 in letters at least
three (3) ,inches in height.
I.E. The hearing officer may irPose any other requirements dewed
reasonably necessary to prevent injuries to the public.
"F. if, at any tine after a potentially dangerous or vicious dog has
been conditionally released to the owner or keeper, the c- or keeper
thereof fails to comply with each and every condition inked thereon, the
Animal Control Department shall seize and inpou nd the dog in question,
petition the hearing officer to conduct a hearing pursuant to the provisions
of this Chapter aid order the removal or destruction of the dog, or such other
order or determination as the hearing officer finds appropriate. tnry order(s)
made by the hearing officer hereunder shall be final, subject to appeal
pursuant to the provisions of Section 6.04.100, above.
116_04.130 P.cr is`sation and Fees. Any dog determined to be a
potentially Dangerous oc vici.ous doq shall be properly licensed and
vaccinated. The Animal Control. Departz, t shall include the designation of
'potentially dangero',ns dog' or 'vicious', as the case may be, in the
registration records of the dog in question, either after the ones or keeper
of the dog has agreed to the designation or after the determination by the
hearing officer that such designation applies to the dog in question. the
Animal Control Department may charge a reasonable fee as determined by the
City Council in addition to the regular licensing fee to provide for the
increases] costs of maintaining the records of any potentially dangerous or
vicious dog,
2 '1 (]
Ordinance No. �D
Page 7
"6.04.140 Death. Sale. 'Transfer or Permanent Removal • Notice. If a
d m
og deterined to be a potentially dangerous or vicious dog dies, or is sold,
transferred or Permanently removed from the City, the owner or keeper of such
potentially dangerous or vicious clog shall notify the Animal Control
Department of the changed condition and new location of the dog, in writing,
within two (2) working days of the changed condition in question.
"6.04.150 Relocation within City. No ones or keeper of a
potentially dangerous or vicious dog shall transfer or remove the animal from
the premises to any other premises within the City (except solely for
veterinary care) without first notifying the Animal Control Department, in
writing, at least five (5) working days prior thereto and shall permit the
Animal Control Department to investigate and certify as to the adequacy of any
enclosure or any other control mechanisms for the animal at the new premises
within the city.
"6.04.160 Removal from List of Potentially Danoerovs Doos. If
there are no additional incidents of any of the types of behavior described in
Section 6.04.020.x. of this Chapter within a thirty -six (36) month period from
the date of designation as a potentially dangerous dog, the dog shall be
remover] .ram the list of potentially dangerous dogs. 'the dog may, but is not
required to be, removed from the list of potentially dangerous dogs prior to
the expiration of such thirty -six (36) month period if the owner or keeper
demonstrates to the Animal Control Department that changes in cinwrc tanee or
measures taken by the owner or keeper, such as training of the dog, have
mitigated the risk to the public safety.
"6.04.170 Destruction. Removal frwn City or Co- ditional Release of
Vicious Dcos.
"A. If at the conclusion of the hearing, the hearing officer
determines that a dog is a vicious dal, the hearing officer may order the same
to be destroyed by the Animal Control Department if the hearing offices finds,
at the conclusion of the hearing, that the release of the dog would create a
significant threat to the public health, safety and welfare or that the
release of the dog to the owner or keeper would clearly constitute a danger to
human beings or dcnestic animals.
"B. If the hearing officer determines, at the conclusion of the
hearing that a vicious dog may be retuned to its owner and not destroyed, the
hearing officer nay moose such conditions upon the ownership or keeping of
the dog, including, but not limited to, the conditions set forth in sections
6.04.120 through 6.04.150, inclusive, of this Chapter in order to protect the
public health, safety and welfare.
"C. Any dog determined to be vicious and conditionally released
Pursuant to this Chapter shall permanently be placed on the list of vicious
dogs.
"6_04.130 arphibition from cwri_;g or Keeoincr Cis. The avnas or
keeper of any dog deternun d to be a vicious dag by the hearing officer, may
be prohibited by the officer from owning, possessing, controlling or having
custody Of any doq for a peri ad of up to three (3) years if the hearing
officer finds, at the conclusion of the gearing, that ownership or possession
of a dog by that person would create a significant threat to the public
health, safety or welfare.
Ordinance No. -CN
Page s
"6.04.130 Severabilits+. The City Council declares that, should any
provision, section, paragraph, sentence or word of this Chapter be rendered or
declared invalid by any final court action in a court of.
oaRong p ovrisdio—
lion, or by reason of any pree�tive legislative, the ruining provisions,
sections, paragraph-, sentences and words of this Chapter shall remain in full
force and effect.
"6.04.200 penalties for Violation offor Violation Chaff. It shall be unlawful
for any person, firm, partnership, cr corporation to violate any provision or
to fail to comply with any of the requirements of this Chapter. Any person,
firm, partnership, or corporation violating any provisions of this Chapter or
failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding one thousand dollars ($1,000.00), or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each and every person,
fire, partnership, or corporation shall be deemed guilty of a separate offense
for each and every day or any portion thereof during which any violation of
any of the provisions of this Chapter is committed, continued or permitted by
such person, firm, partnership or corporation, and shall be deemed punishable
therefor as provided in this Chapter.
"6.04.210 Civil Remedies Available. The violation of any of the
provisions of this Chapter shall constitute a nuisance and may be abated by
the City through civil process by means of restraining order, preliminary or
permanent injunction or in any other manner provided by law for the abatement
of such nuisances."
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 Inland Valley Chile Bulleti a newspaper
of
general circulation published in the City of Ontario, California, and
circulated in the City of Rancho Cucamonga, California.
2S�
ORDINANCE NO. 307 -B
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA AMENDING CHAPTER 2.28 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO THE
ENVIRONMENTAL MANAGEMENT COMMISSION TO REFLECT THE
MEMBERSHIP OF THE FIVE, TERMS OF TWO AND FOUR YEAR
APPOINTMENTS, AND THE REMOVAL OF JOINT SUBCOMMITTEE
MEETINGS WITH THE CITY COUNCIL SUBCOMMITTEE
The City Council of the City of Rancho Cucamonga, California. does
hereby ordain as fo!lows:
Section t: Chapter 2.28 of the Rancho Cucamonga Municipal Code
hereby is amended to read as follows:
CITIZENS ENVIRONMENTAL MANAGEMENT COMMISSION
Sections:
2.28.010
Created.
2.28.020
Role of Commission.
2.28.030
Membership - Generally.
2.28.040
Membership - Terms of appointment.
2.28.050
Membership - Removal of members.
2.28.060
Regular meetings.
2.28.070
Officers.
2.28.010 Created. There is and shall remain in the City government
a Citizens Environmental Management Commission (hereinafter "CEMC "), a
body replacing the Citizens Advisory Commission which hereby is
dissolved.
2.28.020 Role of Commission. The CEMC shall act in an advisory
capacity to the City Council and Planning Commission on environmental
issues.
ZS 3
Ordinance No. 307 -B
Page 2
2,28.o3o. Membership - Generally. The CEMC shall consist of a total
of five members. Members of the CEMC shall be residents of Rancho
Cucamonga and shall be appointed by the City Council. A subcommittee of
the City Council shall submit to the City Council the name of any person
proposed for appointment to the CEMC and upon such appointment by the
City Council, the name of the appointee shall be recorded in the minutes of
the City Council meeting.
2 28.040 Membership - Terms of appointment. The five (5) members
of the CEMC initially appointed shall determine the length of their terms
by lot. Three (3) members shall serve a term of four (4) years and shall
continue in office until their respective terms expire unless sooner
removed as provided in this Ordinance, and their successors shall be
appointed for terms of four (4) years. Two (2) members shall serve for a
term of two (2) years and shall continue in office until their respective
terms expire unless sooner removed as provided in this Ordinance, and
their successors shall be appointed for terms of four (4) years. If a
vacancy shall occur, other than by expiration of the term of office, it shall
be filled by appointment ofthe City Council for the unexpired term.
226_._M Membership - Removal of members. Any member of the
CEMC may be removed at any time by a majority vote of the entire City
Council.
2 28 060 Regular meetings. Regular meetings of the CEMC shall be
established by resolution of the CEMC.
2 28 070 Officers. The CEMC shall select a chairperson to preside
at all meetings of the CEMC, and a vice chairperson to preside in the
absence of the chairperson. The secretary to the CEMC shall be designated
by the City Manager.
52L ion _2- City Clerk shall certify to the passage of this
Ordinance.
Z `J fi
Ordinance No. 307 -B
Page 3
Section 37 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 Bulletin, a newspaper of general
circulation published in the City of Ontario, California, and circulated in
the City of Rancho Cucamonga, California.
7 S-5-
CITY OF RANCHO CUCAMONGA
STAFF REPORT
'J
p"
DATE: Map 20, 1992 .J
70: Mayor and Members of the City Council
FROM: Duane A. Baker, Assistant to the City Manager
SUBJECT: Proposed V'rians Dog Ordinance
Recommendation:
It is recommended that the City Council approve the attached ordinance
regarding the declaration and disposition of vicious dogs as recommended by
the Public Safety Commission.
Background:
In September 1991, the City was confronted with an incident that occurred
where a girl was attacked by a vicious dog. In this incident, the County had no
authority to hold the dog after a ten day impound period. The only way in
which the City could have the dog destroyed would be to petition the municipal
court under the State Food and Agriculture Code Section 31601 and pay the
necessary legal fees. In this case, eventually, the owner voluntarily handed
the dog ever for destruction.
The attached ordinance
accomplishes the same thing
that
the above
referenced State code does
but does not require that the municipal
court be the
arbiter in the case. The
attached ordinance provides for the
City
Manager or
his designee to be tltc hearing
officer in such a case. This
ordinance
would
give us more power and
flexibility in dealing with vicious
dog
cases than
current local codes allow.
Also, this approach would save the
City
the potential
legal costs or petitioning
the municipal court for judgement.
This ordinance was discussed by the Public Safety Commission at their May 5,
1992 meeting. At this meeting, the Commission approved a motion to
recommend this ordinance to the City Council.
Based on the facts presented above and the recommendation of the Public
Safety Commission, staff is recommending approval of this proposed
ordinance.
Ra4pectfully Submitted,
Duane A. Baker
Assistant to the City Manager
DAB /dab
Y OF RANCHO CUCAMONGA
MEMORANDUM
DATE: May 14. 1992
TO: Mayor and Members of the City Council
FROM: Diane O'Neal, Management Analyst II
W ?;r
:R:,.
SUBJECT: CONSIDERATION TO AMEND THE ENVIRONMENTAL
MANAGEMENT COMMISSION ORDINANCE
RECOMMENDATION
The Environmental Management Commission Ordinance be amended to
reflect the membership of five, terms of appointment, and the
removal of joint subcommittee meetings with the City Council
Subcommittee.
Background
The City Council reorganized the Environmental Management
Commission at its December 18, 1991 meeting. This reorganization
reflected the membership of five and the initial designation of the
Chair and Vice Chair. The Ordinance has been amended to reflect
these changes and is attached for the City Council's review
The City Council had also asked at its December 18, 1991 meeting
that the Commission select its Chair and Vice Chair following the
first six months of its reorganization. The Commission will
complete this task along with amending the previous Environmental
Management Commission's mission statement at its May 28, 1992
meeting.
Also as a way of an update for the City Council, the Commission's
progress thus far has included the expansion of the City -wide
curbside recycling program; the establishment of the City's mascot;
Mayor and Members of the City Council
Consideration to Amend Environmental
Management Commission Ordinance
Page Two
the coordination of this years Arbor Day Celebration which resulted
o the replacement of 26 trees in Kenyon Park; the amendment of the
City's purchasing policy to include recycling changes; and the
development of new legislation to address the use of glossy paper in
advertisements.
,Respectful' Submitted,
Management Analyst II
Attachment: Amended Ordinance
157-
C:a-les S. Doskow
May 13, 1992
The Mayor and Councilmembers
City of Rancho Cucamonga
10500 Civic Center Drive
Post Officz Box 807
Rancho Cucamonga CA 91729
Re: Mark Austin
Dear Mayor and Councilmembers:
This office represents Mark Austin. It is our understanding
that the City Attorney's office intends to bring the matter
addressed in this letter to the Council's attention on May 20.
Mr. Austin, a licensed building contractor, was issued
building permit No. 90 -333 on January 11, 1990 to construct a
single family house on the lot located at 10306 Palo Alto Street.
At that time he dedicated to the city, in accordance with the
requirements of the Engineering Department, 13' of frontage along
Palo Alto Street.
Mr. Austin had plans drawn, and began construction in reliance
on the permit. The location of the structure on the site was
specifically mandated by the elongated shape of the lot, which is
236' long (more or less) and 111' deep.
On May 9, 1990, after plans were drawn, site improvements
completed and construction had reached the framing stage, the City
of Rancho Cucamonga informed Mr. Austin that "...there has been an
oversight regarding street dedication requirement..." and requested
dedication of 30 feet of the length of the lot along Ivy Lane. On
November 27, 1990 the City demanded that Mr. Austin make the offer
of dedication. On December 5, 1990 a Correction Notice informed him
that the Building and Safety Division had been notified by
Engineering staff to withhold release of utilities for occupancy
until, the dedication was made.
Inspections were resumed during 1991, but on November 18, 1991
the City, again per a Correction Notice, informed him that all
inspections would be suspended until the dedication was made. The
Mayor and Councilmembers
RE: Mark Austin
Page two
May 13, 1992
The dedication demanded by the City would take twenty -seven
per cent of the land area of the lot; probably its value would be
reduced by a larger percentage.
On November 27, 1991, we wrote the City, on behalf of Mr.
Austin, asking for a resolution of the problem. The city's reply
was made by letter on March 17, 1992, making no concession with
respect to dedication, and agreeing only to resume inspections.
At that point Mr. Austin, uncertain of the future status of
the project, had suspended construction.
We wrote again on March 26, 1992. Finally, through the
intercession (at our request) of Deputy City Attorney Ralph Hansen,
a meeting was scheduled at City Hall on May 6. At that meeting the
city engineering staff offered to scale back its dedication
requirement from thirty feet to twenty -five!
The meeting adjourned with Mr. Hansen stating that he would
bring this matter to the attention of the Council for resolution.
We have made several suggestions of ways out of this impasse,
the most practical being that the City condemn the land it wants,
as the law requires. This suggestion has fallen on deaf ears.
Another suggestion is that the City purchase the lot from Mr.
Austin for a fair price.
it is clear that the City has no right to demand gratuitous
dedication by Mr.Austin at this time. Both the United States and
California constitutions require compensation when private property
is taken for public use.
Mr. Austin invested funds in good faith reliance on the
validly issued building permit. To deny him inspections and a
certificate of occupancy because he will not dedicate without
compensation that which he is under no obligation to dedicate
violates basic constitutional taking principles, as well as basic
considerations of fairness.
We urge upon the council consideration of the merits of this
controversy. Several alternatives exist, including abandonment of
the street and allowing construction to be completed without the
dedication.
Mr. Austin has suffered serious financial damage as a result
of the position taken by the Engineering Department. Nonetheless,
he will be satisfied with assurance of the ability to complete
construction, the issuance of an occupancy permit on final
The Mayor and Councilmembers
RE: Mark Austin
Page three
May 13, 1992
inspection, and assurance that no demand for dedication will be
made if application is made for other improvements, such as a
separate garage structure or a swimming pool. Obviously if he is
unable to complete construction, he will be required to seek
redress, but that it by no means his desire.
our appeal is to the Council's sense of fairness.
Thank you for your consideration of this matter.
cc: Ralph Hansen, Esq.
Very tru you
Charles '� Doskow
O''CA.V,p
CITY OF
RANCHO CUCAMONGA
m CI'T'Y COUNCIL
~� Z AMNM
1977
Adiourned Joint Me Ling with the
Cucamonga County Water District
May 27, 1992 - 7:00 p.m.
Rains Conference Room
10500 Civic Center Drive
Rancho Cucamonga, California
Pledge of Allegiance.
2. Roll Call:
Buquet __, Alexander _, Stout _, Williams _, Wright
B ITEMS OF DISCUSSION
l . DISCUSSION OF RECLAIMED WATER FOR SPORTS COMPLEX
2. DISCUSSION OF WATER RATES AND FUTURE RATE INCREASES
3. DISCUSSION OF ITEMS OF MUTUAL INTEREST
Adjourned Joint Meeting with CCWD
May 27, 1992
Page 2
C. COMMUNICATION FROM THE PUBLIC
This is the
time and place for
the general
public
to address the City
council. State law prohibits the
City Council
from
addressing any issue
not previously
included on the
Agenda. The
City
Council may receive
testimony and
set the matter for
a subsequent
meeting.
Comments are to
be limited to
five minutes per
individual.
D. ADJOUR"EY1'
1, Debra J. Adams, City Clerk of the Citv of Rancho Cucamonga, hereby
certify that a true, accurate copy of the foregoing agenda was posted on
May 22, 1992, per Government Code 54953 at 10500 Civic Center Drive.