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HomeMy WebLinkAbout1981/01/07 - Agenda PacketS~ Gt`CA.NfihC'. QTY ~ G j RANCHO CUCAM(XVC,A ~ ~ Cl~ 7 i~ A ,~~~~T7'~~ U > 1977 ~ January 7, 1981 A11 items submitted for the City Council agenda must be in writing. The deadline for submitting items is 5:00 p. m. on Thursday prior to the first and third Wed- nesday of each month. The City Clerk's office receives all such items. 1. CALL TO ORDER. A. Flag Salute. B. Roll Call: Frost, Mikels_, Palom6o_, Bridge, and Schlosser_ • 2. APINOUNCE'dF,NTS. a. Thursday, January 8, 1981, Advisory Commission, 7:00 p.m. at the Cucamonga Neighborhood Facility, at Arrow and Archibald. b. Monday, January 12, 1981, Planning Commission General Plan hearing, 7:00 p.m., Cucamonga Neighborhood Facility. c. Tuesday, January 13, 1981, HSstorical Commission, 7:OUp m., Lions Park Co/mmuni ty Center. ,./).~_(/~~-/\ 3. CONSENT CALENDAR. O~-'~~ ~• 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. a. Approval of Warrants - Register No. 81-1-7 in the amount of 1 S 112,489.93. b. Request to set public hearing date of January 21, 1980 for 7.one Change No. 80-13 - Nubank. A request for a change of zone from A-P (administrative-professional) to R-3 (multi- family residential) for 6.4 acres generally located south of Base Line, on the weal aide of Hellman - APN 208-011-02,03, and 04. • City Council Agenda -2- 7anuary 7, 1981 c. Request to set public hearing date of February 4, 1981 for Environmental Assessment and Zone Change No. 80-14 Roberts Group. A cbange of zone from R-1-8,500 (single family residential) to R-3 (multiple Family residential) for 7.3 acres located on the northwest corner of 19th Street and Hermosa - APN 202-17-010. d. Request approval to purchase the IBM Copier III. The 4 City is presently leasing the machine. Conversion co purchase would bring a savings of $416.32 per month. I[ is reconvnended that the City purchase the equipment by [he installment plan of $401.90 per month far 60 months. Total cost of purchase would be $24,114.00. e. Refer Claim by David M. Sodman to the City Attorney Eor 5 handling. f. Refer Claim by Susan Marie Chavez to the City Attorney 7 for handling. g. Acceptance of Map and Lien Agreement for Parcel Map No. 9 • 5441. It is reconunended [hat Council accept the map and lien agreement far Parcel Map Na. 5441 located on [he southwest corner of Summit Avenue and East Avenue. Owner: William J. Schultz. RESOLUTION N0. 81- 1 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONCA, CALIFORNIA, APPROVING PARCEL MAP N0. 5441 AND LIEN ACREF.- MENT AS SECURITY. h. Acceptance of Map, Bond, and Agreement for Parcel Map No. 15 5981. Recommend that Council accept map, bond, and agree- ment for Parcel Map 5981 located on [he east side of Sapphire, south of Orchard Street. Owners: Orlon and Raye Walton. RESOLUTION N0. 81-2 16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5981, IMPROVE- MENT AGREEMENT, AND IMPROVN2fENT SECURITY. 27 1. Acceptance of Parcel Map No. 6316: I[ is recommended that Council accept Parcel Map No. 6316 located on [he nor[hside of 8th Street, west of Vineyard. `J City Council Agenda -3- January 7, 1981 RESOLUTION N0. 81-3 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6316. j• Release of Bond - Tract 9590: located on the east side 30 of Archibald Avenue, north of Hillside. Umer: Terrax Corp. Parkway Landscaping Bond $29,400 \J 4. PUBLIC HEARINGS A. SOLID WASTE DISPOSAL FRANCHISE. A continued item. 31 ORDINANCE N0. 132 (second reading) Mi ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, REPEALING ORDINANCE N0. 117 AND PROVIDING FOA TNF. CONTROL, COLLECTION tuVD DISPOSAL OF REFUSE. B. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNA- 59 TIONS FOR HISTORICAL LANDMARKS. ORDINANCE N0. 128 (second reading) 60 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIGNATING EACH AS A CITY HISTORIC LANDMARK. C. HISTORIC PRESERVATION COMMISSION REC011MENDATION POR DESIGNA- 61 TIONS FOR HISTORICAL POINTS OF INTEREST. ORDINANCE N0. 124 (second reading) 62 AN ORD LNANCF. OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AGGA7.ZOTTI WINERY, SCHOWALTER GROVE ARCHEOLOGICAL SITE, AND THE GEORGE AND JES SIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DES IGNATINC EACH AS A POINT OF HISTORIC INTEREST. City Council Agenda -4- 7anuary 7, 1980 • D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT N0. 80-02 63 LESNEY. A change of zone from R-1-5 (single family resi- dential) to P.D. (planned development) for 10 acres located on the northwest corner of Hermosa Avenue and Base Line Avenue APN 202-182-13. ORDINANCE N0. 130 (second reading) 64 /~ ~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ~/./~M~~-"„mod OF RANCHO CUCAMONCA, CALIFORNIA, REZONING ^ ASSESSOR'S PARCEL NUMBER 202-182-13 FROM R-1-5 (' 2 ~ ~~' TO P,D. LOCATED ON THE NORTHWEST CORNER OF . ( HERMOSA AND BASE LINE. E. ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE N0. 80-15 - 65 LANDMARK. A change of zone from A-1 (limited agricultural) to R-2 (multiple family residential) for 12 acres of land located west of Beryl south of Mignonette - APN 202-032-71. ORDINANCE N0. 131 (second reading) 66 / ,J AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING • ASSESSOR'S PARCEL N0. 202-032-71 FROM A-1 TO H-2 LOCATED WEST OF BERYL ON THE SOUTH SIDE OF MIGNONETTE. F. VACATION OF CHEST WT STREET. Item continued Eram the 67 November 5, 1980 City Council meeting. RESOLUTION N0. 81-4 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF CHESTNUT STREET FROM HERMOSA AVENUE TO 1320 FEET WF,ST, AS SHOWN ON MAY NO. V-0 ll ON FILE IN THE OFFICE OF THE CITY CLERK OF THE CITY OF RANCHO CUCAMONGA. G. BUILDING REGULATIONS ORDINANCE. Item continued from the BO December 3, 1980 Ci[y Council meeting/ ORDINANCE N0. 122 ~ reading) 95 e4Y ORDINANCE. OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOYGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM DUILDINC CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAeING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. LJ City Council Agenda -5- R. PROPOSED REVISED INTEIIIlf ZONING ORDINANCE. ORDINANCE N0. 123 (first reading) AN ORDINANCE OF TH CTTY COUNCIL OF THr'. CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESI-ENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OF THE INTERIId ZONING ORDINANCE. I. PROPOSED REVISED SllBDIVISION ORDINANCE. ORDINANCE N0. 2E-e (first reading) AN ORDPIANCE OF THF. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT "B" OF ORDINANCE N0. 28 TO BRING THE EXISTING CITY ORDINANCE INTO COMPLIANCE WITH THE LATEST ADOPTED STATE MAP ACT. n U 5. CITY MANAGER'S STAFF REPORTS. 123 separate cover 133 separate cover A. AGREEMENT FOR ENGINEERING SERVICES FOR EDA GRANT APPLICATION. I^i. Scoff report by Lloyd Hubbs. Phased agreement to cover grant application and environmental documentation on [he EDA Grant to construct Industrial Storm Drain Sd. Contract is jai th L. D. King EngSneering. fl, AGREEMENTS FOR ENGINEERING SERVICES RELATED TO BRIDGE OVER 142 OEMENS CREEK AND DRAINAGE II7PROVLI4ENTS AT CHURCH STREET AT CENTER AVENUE. Staff report by Lloyd Hubbs. Recommend execution of design contracts with Associated Engineers Eor the construction of an equestrian and pedestrian bridge a[ Jasper Street and the construction of minor storm drain improvements a[ Church Street east of Center Avenue. Agreements are for $7,000 and $6,100 respectively and will be appropriated from systems development and storm drain fees. 0. STO&N PREPAREDNESS REPORT. An cral report by Lloyd Hubbs 153 on the status of storm repairs and storm operational procedures. D. REQUEST FOR APPROVAL OF E;JGINF,IiRING TECHNICIAN (TRAINEE) 154 POSITION. Staff report by Lloyd Hubbs. Recommend that Council approve position in the Traffic & coon due to increased workload. January 7, 1981 City Council Agenda .{. January 7, 1981 6. CITY ATTORNEY'S REPORTS. ADJOURNMENT. • n -J c P867 WARR • 00921 t 00932 00935 G0939 00940 00941 00942 00943 00944 00945 00946 00947 00948 00949 00950 YY 00951 I'~p 00952 00953 00954 00956 00957 0095(1 00959 00960 CC961 00962 00953 00954 OC965 00966 00967 ..i~ 05221 053h7 ~~490 • `5481 O S4A2 05483 05484 05485 05486 05487 054AR C54A9 G54`)0 05491 05492 05493 . ~ ~~A 05494 05495 05496 75497 05498 05499 05500 nssol 05502 05503 05504 05505 05508 05507 05508 05509 05510 OSS11 L G`.~512 95513 OSSl4 05515 (~ OSSl6 055 L7 05518 CSSl9 75520 05521 ~. ' CTY CF RANCPD GUCAMONGA b VEN M V E N D O R N A M E 6599 KiSHEN. CHRISTINE 798` PUBLIC EMP RETIREMENT S 1200 BANK OF AMERICA 9250 HELLS FARGO TRUSTEE 2693 DEL HONTE HYATi MgUSE 3300 CMPEY. HARRY J 2677 OAVIS. DAVID 9265 WEST COAST AR BORI STS 8290 RUSSEL. NEIL 0008 A Z TRANSFER 9250 'ELLS fARf,O TRUSTEE 6550 KAISER FOL'NDA TION NEALT 7985 PURL IL ESSP RETIREMENT 5 8530 STDCKWELL E BINNEY 6599 KiSH F.N• CHRISTINE 7304 HCNCUTCHANOENG CO OFF1C 1500 BLUE CRD SS 6595 DONALD G KING E 4SSOC 7504 NATL~IN STP Df SCOMMNDEVEL 7985 PUBLIC EMP RETIREMENT S 1200 DANK OF AMERICA . 8313 SAN flRNONO LO EMPLOY C 1201 DANK OF AM'cRICA YT G S4 4650 f,L EV DALE FECERAL SAVING 8500 STATE COMPEN S4TIDN 4650 f;L ENOALE FEDERAL SAVING 3407 ESSLC. RCB ERTA 2388 J H CONCRETE 9994 VOU.V G. JON R 6311 SAY RDNO CO SURVEYOR 8285 RUSS L-LL KEITH VO IC FORuS TL IGNMENT VC IC Fu'R'1S ACIC`:M Eh!T VO[C FOR;?S ALIGNMENT 0004 A-1 LINEN 0015 ALOSTA. JUCY 0025 '•E[TfiR OEVELDPMEN Ts A H 0175 81817E HTG L A C ING 024G ^LTA LOHA AUT^ P4R TS 0245 ALTA COMA HI^H SCHOOL 0320 AM P2ESERVA TI OV 0322 '.M PLANNING gSSO' 0325 ~lH SGC PUBLiC ADMIN 0375 AM PRINTING CO 034G AH PUBI]L WDRKS ASSOC 0427 ANOREN JR• F L OAOC AUTHiLET• BEVERLY 1150 ?ANCKUFT-WHIiNFY CO 1300 OASEL INE HARONARE 1325 "EDE^SSEE. CATHERINE 1440 3ETT~R OUSINE SS CORP PL 1445 6[CYLLE FORUM 1450 IS ISHOP COMPANY 1545 ROBS MA ttrt BNANCE 1900 C G ENGINEER ING 209? .ANY WHSLE PAPER LORP 2200 Lf.N TitAL HILRO FILL? SFRV 2335 LOf,4 COLA DOTTL[NG LO 2337 COC4 COLA BOTTLING 2.392 CONRFY. LEE 2399 LONTRAC70RS STATE LILEN 2400 COOK/ARTHUR INC 2500 LOV CJ GTO!I L CRONE 2550 CROWeLL L LAR SON VO [C VFV COR N0. 2575 2575 CUC ANON GA CO HATER DI ST 2595 CUCANON GA PRINTING 2603 UNN INGHAM. EMMA 26 I0 N[LL [AMS PRIM TINGr D 2700 OETC~ REPORT 2810 0['c TR ICH-POST CO 2885 CONOVAN HERSHEY COP.P NET P 4~ 1~ 3. 3• 5: 8. l~ 1. 3• 1. 2. 145. 6. L07. 332. 3. 109. 3.392.50 3.645.85 551.82 1.244.12 3.00 367.61 52.80 21.20 19.13 684,82 WAR'+ DATE ~! R067 CITY OF RAN C}1U CUCAMONGA M hARR M VEN M V E N U 0 R N A M E 05522 3175 EASTMAN fNC 05523 3250 3ILL ESP [NOZA TTRE SFRV f s t R GO SUPPLIES ENGRS ASSOC OFFICIAL ASSC INL IS COUNT NET 2.308.45 225.fl7 • 313.70 52.81 1.031.39 121.64 11.50 515.00 I7.4S 1.020.78 lr 1. Sr IR S VE L IhANIS C SERVICE TER S TLE M !F EDISON IF G4S LO PE hRI TER SV _SIf,NS VC CO CR01ST0. IB [9G CU IF REGENTS ASING SYSTEM AY ITED Mar R SER V[CE LS 1 r 1 lJ 6 904.37 220. C0 90.00 75.30 730.71 2E4.92 42.40 21.04 6.00 430.00 11.50 165.00 3.00 3.C0 63.67 . 782.49 Lr 399.82 495.00 43.94 .. .. . ....... ,,r-. . ,.~1; I MARS GATE I~ P867 CITY OF RANCNO LULAMONGA MARR Y VEN Y V E N 0 0 0. N A N E 0935A 120C BANK OF AMeR ICA f C .. _. _..._ .. _. ~, .~ a~ .... _ .. ~! , C _. _ .,.N c c c C ,,~M c i c _^ c NA RR OATS 12/03/00 NET 4r381.44- 112r4B9.93 i!s~~:,-~ ~ ~ K:er...... ,.,,,,.. CITY OF RANCHO CUCAMONGA MEMORANDUM December 26, 1980 T0: Council - City Manager FROM: Finance Direct SUBJECT: Purchase of IBM III In the interest of cost effectiveness, it appears to be more efficient to purchase the IBM III rather than lease. Currently monthly charges are running $1,214.30 per month. For an average monthly usage of 49,500 copies (as of late), the copies have been running well in excess of the average as high as 80,000+ copies per month. Conversion to purchase would save $416.32 per month with respect to cash flow. However, we have just leased a second machine and for the machine being discussed here the copy production should drop, and it will, to somewhere around 25,000 copies per month. However, even at 25,000 copies per month, there is still a savings of $97.26 per month. The purchase prf ce will be $797.98 per month, and this includes maintenance for 25,000 copies. Anything over 25,000 copies we will be charged .0085 cents per copy. There are two ways to purchase,cash and installment. Cash price would be $17>640 plus tax of $1,058.40. If in- stallment payment is used $401.90 per month for 60 months for a total of $24,114.00. The additional monthly costly cost for maintenance will be necessary regardless of Which way the purchase is made. Recomnenda Lion: Due to the fact that the purchase was not budgeted, it is recommended that the installation method be approved. CLAIM FOR DAMAGES TO PERSON OR PROPERTY Opi41N1L fOR {ILE INSTRUCTIONS 1. Claims for tleath, injury to person or to perseml propeHy must be /fled not later than 100 days alter the occurrence. (Gov. Code Sec. 911.27 2. Claims (or tlamages to real properly must be filed not inter than 1 year alter the occurance. (Gov. Corie Sec. 911.2) 9. Aead enure claim before tiling. ~. See page 2 for diagram upon which to locate place of accident. 5. This claim form must be signed on page 2 at bottom, 6. Attach separate sheets, if necessary, to give full details. SIG:! EACH SHEET. 7. Cmim must be tiled with Cily Clerk, lGov. Code See. 915a7 TOi CITY OF RANCHO COCAMONGA Name o[ Claiman{~-~ to which you deFue notices or communications to be sent regarding this RESERVE FOR FILING STA.Y(P CLAiM No. Age o[ Claimant (if natural person) ress Telephone ~ ze- s(r r ~~rTNtE r45 A-3ca/6 How did DA\fAGE or NJURY occur? Give full particulars. CC~~ l tc/As ?PA/<~.u~/6 ~~'~/TN o.J ryja9/aNdRE ~T. +`~''~~ lrJ/,•.S Un//l-Kt~ 7b 3</G'NF< E~L,'G/fiN 'TC7 M/.S1 ~fE ASPc/'/a [.T GU/2& ~sFT cl tJT3 f~lrC/203!~ "TIFF JZl6flT-fF~f7-ND ~.~'~ .. ., - .=: c.r'T-f( CF ~~lylA./ 1}l~F r ~'~ /I Il/NC.- Nf.TN .'~I6NT Srr>6 "nRG$ fidn DAMAGE or INJURY occur? tilve full particulars, tlate, time of day: y~fY'PF'1`X ~ 6.'~CC ~M. FR raAY /!7EC. ~Fa r /18-0 Where did DALtAGE or INJGAY Deco[? Descnbe fully, and locate on diagram on reverse side of ;his sheet, where appropriate, give street na/m]es and address and measurements from landmarks: ~r Y'YPf Rs.s^. % ~/-s+rK ~/-r/ CF 2.~avyfs+J ~'4. Or/ ~f)9r/4~=E_JT_ What particular ACT or OAtI5510S do ycu claim caused the injury or damage? Give names of City employees causing the injury or damage. i[ kno.vn: ~^ j yy n /CI r'+T r/FrF,/.a Lrq-.r.~F, yea r'~//t~EilFC.s.' - ~-..s: b s [/Jl i~'/~ Nn CeIA-F: N'/N'G- %//r'2F J5 r~./ A3'PfFfl L'T-' C./~S HCr~'t7Sv iaFE. (~NL ~A:~ /S .t/C:T /9~RA_fc.l~ G4 /TTF 'Ie G.F.L.EC'>-r/S ~It. L'.C6S fFn'D / "> !/:i~'._Y "~~/-F /c c.cr -7t' ;>rr ,qT N/6NT What OA:.IAGE or C:JUIifRS do you claim resui;ed? Cive full extent o[ injuries or damages claimed: i-,<~~ra-! F te: Fr, sls~c. `-~-~}~r.s s~~~,.e.~ '~~-or.../ e`c/;-~ ee//L ~./ / ,(!-/ T' TY%('_ C..J n'. L:/ •-~ W~AMA <> E_ {VYr ~ 'JY S/TJ¢' t/fI C L i O~/ WLat ASlUC::'P do you claim nn acconr.t of each item of injury or damage as of date u[ presentation of this claim, 6iemq basis o: compulaUOn: ~~ .~r V[J7 cr=_/.i F./>' C.':1T eF •=71FF L-°UFc v"F_b x/r T.>/AtS /3 v-~7~5 't"' FA r'/f ToR $Z"T'~!t G<..rq/M CF #/SrJ nr. ' Ive F:S'Cl:.f.\'(i:D .\ :(UL'\'C as far qs knmvn you cimm un xcuunt of each Ccm o! prnspecuve injury or damage, givsng hasls o E:3 T/HA rF CF ~IJLi •r• 2isl.5@.u C.r/ COST E`er f:;N£ 7,C~ ?-~G'rZ cr'f-r1-.5F:a F<:R 4'75rr' /qT '7TlE 77rr(= CR 77f~ 3~nr.na e_~_ ,K+7/G NnT ~'r 7~/wrcMA SF.o / SEC PACER (O\'ERI ~F_.rcn/b ~r2.~, 'THIS CLAI\t \iCST BE SIC\ED OY REVERSE SID! Insurance payments received, i[ any, and names o Insurance Cam party: v~ Espentluurns made on account of accident or injury: (Date -Item) (Amount) Name and address of lVit nesses, Doctors and Hospitals: ~:,<: , >,P,~ ~ F,~~ X i ~•a S.-+s r-i..,J Hale e~r At 7 - la.'1FE ~ ,~y ~Y~ YHIf-si~ !VN-~ .. ,.1 .V..+rai A«a .,.,rs 'rn..a ' G/i T'N /cl~ R7" 7P~E 7THE. ~M'rL /R~OR/E SS vsy clo5a.a AT ~5 `_PM. XS CU4iNN+/T READ CAREFDLLY For all accident claims place on following diagram names of streets, including North, East, South, and West indicate plate a[ accident by ':C" and by shoscing house numbers of distances to street corners. I[ City Vehicle was invoh•ed, designate by letter "A" location of City vehicle when you first saw il, and by ^B" location o[ yoursel[ or your vehicle when )•ou tics( saw Cny vehule; location of Cily vehicle at time o[ acmdent by "A-t" and locauon o[ yoursel( or your vehicle at the time o[ the accident by "8-I" and the point o7 impart by "X." NOTE: I[ diagrams below do not tit the situation, attach hereto a proper diagram signed by claimant. FOR OTHER ACCIDENTS / r SIDEWALK --- _e_~ CUR PARKWAY ~ '~~ 7 SIDEWALK ' f FOR AUTOMOBILE ACCIDENTS ~ ~.J U ~ 7 ~~ (~ ~Sienature oI C,Iaimant ur person filing o 'j ~ behalf giving Typed Yame: Date relmionship lq Claimant: 7 ~//' ~ /~f ~ I d NOTE: Presentation of a false claim is a felony (Cal. Pen. Code Sec. 72). CLAIMS MUST BE FILED WZTR CITY ~ERK (GOV. CODE SEC. 915x). ' CLAIM FOR DAMAGES TO PERSON OR PROPERTY oes:xar con sne • INSTRUCTIONS 1. Claims for death, Injury to petaon or la personal prapeHy must be filed not later than I99 Jays after the occurrence, (Gov. Code Sec. 9112) 2. Claims for damaeex In real properly must be tiled not later than 1 year after the occurance. (Gov. Code Sec. 911.2) 9. Read entire claim before filing. 4. Ste page 2 for diagrem upon which to locale place o[ accident. 5. This claim form must be signed on page 2 at bottom. 6. Attach separate sheets. i[ necessary, to give full details. 57CN EACH SHEET. i. Claim must be filed with Cily Clerk. IGOV. Code Sec. 915x1 TO~ CITY OF RANCHO CUCAMONGA Name of Claimant _ Susan Marie Chavez Noma Address of Claimant City antl Slete Box 2507 Pomona, CA to which you desire notices or communications to be sen 9420 Lomita Rancho Cucumonga, CA R£.SER4'E FOR FILING STAMP CLAIM No, s (i ~ Y ~ G CITY OF RANCfiO CUCAfitONGA AOMINISTRA~ION DEC 121980 AN 7i819110111(1?(l12)3(4)S 6 Age o[ Claimant (it natural person) 34 (714) 960-4074 714) 629-5111 ext. 4991 How did DAp1AGE or INJURY occur? Give toll par:ievlacs. 6fy vehicle struck a barrier in the roadway in the 6200 block of Beryl Avenue in Rancho Cucumonga, CA (See Police report) hen did DA\fAGE or I:UUAY occur? Give full particulars, date, time of day: September 13, 1980 at 12:30 a.m. Where did DAMAGE or I\JURY occur'. Describe fully, and locate on diagram an reverse side of this sheet, where appropriate, give street names and address and measurements from landmarks: Southbound in the 6200 block of Beryl Avenue Rancho Cucumonga, CA (See Police report) What particular ACT or OJIISStOY do you claim caused the injury or damage? Give names of City employees causing the injury or damage. it known: Placing dangerous concrete harriers in roadway without proper illumination or, indication that road was narrowing at barrier. Wbat D:.::1:\!;E or 1SJ L'RI ES de you claim resulted? Gave toll extent of injuries or damages claimed: Personal injury to Susan Marie Chavez: Loss of earnings; damage to vehicle: 1979 Toyota Celica, 336 YAK (CA); damage to real property at 6215 Deryl Avenue Rancho Cucumonga, CA (See Police report) tYFat A:.H)Cf:'C .In you clmm nn azv'ount of cans tle: of mlurY' or tlnm. Ie ( resenlal n of Ms ci: im, gt^~m•.6 sir rl comnmannn: Personal injury: medreaf expenses- y'~.~ib.r~7~a, lapin ancY' suffering $2500'.00 Loss of earnings: $200.00 Property damage 57000.00 Damage to real property: 51300,00 ~n'e F:STCd:1'I'f:U .\.•.;GC S'I' os tar ax knmvu you ciaun nn accn aril of raeh item of Prnsppn n'e injury or damage, H:r'mg bass u; Personal Injury; Medical expenses: $1000.00 Pain and suffering: $2500.00 SER pAGE 2 (OVEIU r7 TIIIS CLAi:d S1f:5T RE SIGYED ON REVERSE EIDf Insurance pa}•ments received, it any, and names of Insurance Company; None Expenditures made on account u[ accident or injury: (Date - lteml IAmountl Medical expenses $250.00 Hospitals: Hospital: San Antonio Community Hospital; Staff Doctor READ CAREfiULLX For 11 accident claims place on following diagram names of streets, includin6 North, East, Sculh, and Wesq indicate place of accident by ';C" and by showing house numbers of distances to street corners, If Cily Vehicle was im'olved, designate by letter "A" location of City vehicle when you first saw it, and by "H" location of yourself or your vehicle when you first saw Gty s2hicle; location of City vehicle at time of accident by ^A-I" and location of yourself nr your vehicle at the lime o[ the accident by •H-1" and the point o[ impact 6y "X.' NOTE: It diagrams below do not !it the situation, attach berate a proper diagram signed by claimant, SIDEWALK %% J _ CUR ~~ PARKWAY ~~~~ SIDEWALK FOR AUTOMOBILE ACCIDENTS ~ / / I I I I SEE POLICE REPORT / Sinnalure nt Claimant or person ^bng on his behalf grcing Typed Yame; Date relanorehip to Claimant i / % ~ /' SUSAN MARIE CHAVEZ ~2~~ NOTE: Presentation of a false clai(m~ is a felony (Cal, Pen. Cade Sec, 7Z). CLAPdS MUST AE FILED h'ITN CR^Y CLERE (COf. CODE SEC. 915a). r~ ,v~rv (ac n ~ n~n,vi ~, ,~~ ~nrHV-e STAFF REPORT GATE: January 7, 1981 TO: City Council and City Manager FROM: Lloyd B. Mubbs, City Engineer SUBJECT: Acceptance of Map and Lien Agreement for Parcel Map 5441 The subject Parcel Map was given tentative approval by the City Engineer on March 25, 1980 for the division of 8.2 acres into 4 parcels for residential development at the southeast corner of Summit and East Avenues. On October 1, 1980, City Council postponed improvement of said parcel map until such time as East Avenue is realigned and that a lien agreement 6e required on occupied parcels and parcels to be built on. 1 J Attached is a resolution authorizing the City Council and City Engineer to sign Parcel Map 5441. Also, attached is a lien agreement signed by the subdivider, William J. Schultz for Parcels 1, 2 and 3 of said Parcel Map for the signature of the Mayor and City Clerk. It is recommended that City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign the map and the Mayor and City Clerk to sign the lien agreement and forward to the County Recorder. Respectfull submitted, ~~Iy7,y,~` j~~,~G° ~/~~ a LBFi: BK: j as Attachments RESOLUTION NO. 81-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5441, (TENTATIVE PARCEL MAP N0.5441) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 5441, submitted by William J. Schultz, and consisting of 4 parcels, located on the southeast corner of Sumanit and East Avenues, being a division of a portion of Lots 3 and 4, Block F, Etiwanda Colony Lands, per map recorded in Book 2, Page 24 of maps in the office of the Recorder of San Bernardino County, California was approved by the City Engineer of the City of Rancho Cucamonga on March 25, 1980; and, WHEREAS, Parcel Map Number 5441 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map 6y the City Council of said City have now been met by entry into a lien agreement by William Schultz as developer; NOW, THEREFORE, BE IT RESOLVED by the City Caun cil of the City of Rancho Cucamonga, California, that said lien agreement and said lien submitted by said developer 6e and the same are hereby approved and the • Mayor is hereby authorized to sign said lien agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map Number 5441 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this day of ,7980. AYES: NOES: A65ENT: Phillip D. Schlosser, Mayor RTTEST: Lauren M. Wasserman, City Clerk 10 G N `\ rl \~ ~ \ \+ \\\ -~ ~~ c ~~ ~ i .. °z , r.~ ot~~ i Cdr' ~ e;!~ c~~ [£yL~Ri~S C~nrc F ~ r~~~ £~ W ~~;. V :f;~ ~~ a! ,'• F se 3 ze~ ~ ~~ a ~F. ,, w ~~` °~~ h~ A{t ~~€ W F ~I I, ~ ~ z . ~; ~'' :k l •p 1. rl 9 .~ ___ I \~ 1 1 \ I \ ~ ~ ~. \ \ ~` \ \ /~ ~ `~ ! g v \ IM i~ ~ ~' , ~~~ ~a~ o..°. %~ \,. ri, ~ m [[ ~y Cie o ~ dam ~ Q ~ ~ ~ ~,~ , ~ ~~ ~ ;\ ~ ~ 222 j '~ 7{ , , ~\ ~ ~r l 1 \ \ ~\\ ,11 \ ~ ~ M ` C O yJ 1 \ + )T ~ V \ CiV \ i) \ COP \ Z~. 1 t ~ , ~Mq~ ~;~ IV \ \^, ~ ~ G tt l o~ ~ \ ~ ,n ~`t $ Ci : ~~ : a i ~ \ 7 \ \ t3 \ ~ ~\ ~yN{b 6 ~ 1\ ~3 ~~ ~ ~` ~~ -_T ~ L W II\ A } a~LL~XI vla ~ fi ~``_~1111 1 e N F{ ' ~ [ \ F t\~ ' ~~. U2 _ ; ~-+~~ II ./ xeceFDlrx F_f'QU"S1T~9 DY and kht&~? REIX)P.DPD t•1AII. TJ: CITY CL~ CP.Y OF RPSICE~ CUCP:'I`.*GA 9320-C L~seline P,oad Pose Office Pex 8C7 Rmtcho Cucacronga, California 91730 P,FAL P.^,OPE2."'Y L^z'Et0?'ET'"^' COtTfFACT AND LL; AGEt •Lv~'~+;'Rl' T:ILS AGIL''E?4EK!', made and entered into this. day of 1990, by and between ?;illiam J. Schultz and :ary S. Scnul*z (hereinafter referred to as "Developers"), and the City of F.Af7Cf]~ CUCPP%F.aCJI, CALIIO?it?7A, a mrmicipal corpora- tion (hereinafter referred to as "City"), provides as follaas: 4,'t02FA5, as a general condition precedent to the issuance of a building permit for residential development, tho City requires the constzction of missing off-site street improvements, includ- = ing curbs, gutters and pavement, adj aeent~to the property to be de- veloped; and, k'F'L'RE1S, Developers desire to postpoae construction of such irprevenenes for parcels 1, 2, and 3 until t;;e development of the west side of Past Avenue at Sucntdt Avenue has begar. or the intersection • thereof; and, WF'.E[tFAS, the Citv is agreeable to such postponement provided that Developers enter into this Agreaae*.t requiring Developers to construct said improvements, at no expense to the City, after de- mand to do so by the City, which said Agreanent shall also provide that the City may construct said improvenmts if the Developers fail or neglect to do so and that the City shall have a lien upon the real property hereinafter described as security for the De- velopers' performance, and any repayment due City, t?04!, Tfff.F.EFOFT•., T??: PA^~.TICS AG?'~T: 1. Developers hereby agree that they wLll install off- site street improvatents, including curbs, gutters and pavement, in accordance and cortq~liance with. all applicable ordinanrns, reso- lutions, rules and regulations of the City in ef_'ect at the time of the installation. Said improvencnts shall be installed upon and along tF.e south one-half (~) of Summit Avenue and the east one-half (!,) of realigned Fast Avenue adjacent to Developers' pro- perty hereinafter described between the respective parcel lines of said parcels. t~ 2. The installation of said in~rwenents shall be completed not later than one (1) year following written notice to Developers from the ^,ity to camience installation of the sane. Installation of said un- provenents shall beat no expense to the City. 3. Zn the event Developers fail or refuse to ca~lete the in- stallation of said imprwanerts in a timely manner, City may at any tune thereafter, upon giving Developers written notice of its inten- tion to do so, enter upon the property hereinafter described and can- plete said improvements and recover all costs of completion incisred by the City from Developers. 4. To secise the performance by Developers of the teens and con- ditions of this A~~reenent and to sec~se the repayment to City of any funds which may be expended by the City in completing said impzwe- ments upon default by Developers hereunder, Developers do by these,pre- sents grant, bargain, sell and convey to the City the following described zeal property situated in the City of Fancho Cucamonga, County of San Bernardino, State of California, to-wit: • Parcels 1, 2, and 3 of Parcel Nap number 5441 as per map recorded in Boot. of Farcel Maps, Page s recor s~>~aid county. 5. This conveyance is in trust, hoc+ever, for the purposes de- scribed above. 6. Now, therefore, if the Developers shall faithfully perform all of, the acts and things by then to be done under this e~oreanent, then this conveyance shall be void; otherwise, it shall remain in full force and effect and in all respects shall be considered and treated as a mortgage an the real property and the rights and obligations of the parties with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertianing to mortgages on real property. 7. This Agreanent shall be binding upon and shall inure l , 13 to the benefit of [he heirs, executors, administrators, successors and assigns of each of the parties hereto. • b. To the extent required to give effect of this Agree- , ment as a mortgage, the term "Developers" shall mean "mortgagors" and the City shall be the "mortgagee" as [hose terms are used in [he Civil Code of [he State of California and any ocher statue pertaining to mortgages on real property. 9. If legal action is commenced [o enforce any of the pzo- visions of this Agreement, to recover any sum which the Ci[y is en- titled [o recover from Developers hereunder or [o foreclose the right of the Developers [o redeem the above-described property from [he mortgage created hereby, then [he prevailing party shall be en- titled to recover its costs and such reasonable attorneys' fees as shall be awarded 6y [he Court. • IN WITNESS WHEREOF, the parties hereto have executed this Agreement on [he day and year firs[ above written. CITY: CITY OF RAYCHO CUCAMONGA, CALIRORNLA, a manic ipel corporation 6Y: _ _ _ PIIILLII' U, SCHI.O SSER MAYOR DEVELOPERS: ~~ /d, hultz ` v _~ett. _~r~.Cr _//_~ Mary S. 'chintz ATTEST: LAUREN M. WASSERMAN CITY CLERK • l~ CITY OF RA1~CH0 Cl,'CAR9Q\GA STAFF REPORT DATE: January 7, 1981 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Map, Bond and Agreement for Parcel Map No. 5981 The subject map was tentatively approved by the City Engineer on June 12, 1980, for the division of 4.8 acres of land into (3) three parcels located on the east side of Sapphire, south of Orchard Street. Arlan Walton, subdivider, has presented an agreement and bonds for the installation of off-site improvements for Parcel 1. Faithful Performance $1,800.00 Labor and Platerial $ 900.00 Recommend that City Council accept map, bonds and agreement for Parcel Map No. 5981. Respectfully submitted, ~J, 4 ~~ YY~ LBH:BK:jaa Attachments • {~ RESOLUTION N0. 81-2 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5981, (TENTATIVE PARCEL MAP N0.5981) IMPROVEMENT AGREEMENT, AND IMPROVEMENT SECURITY WHEREAS, Tentative Parcel Map No. 5981, submitted by Arlan W. 4lalton, and consisting of 3 parcels, located on the east side of Sapphire, south of Hillside, being a division of a portion on the west one-half of Lot 2, Block 18, Cucamonga Homestead Association Lands, as recorded in Book 6 of Maps, Page 46, Records of San Bernardino County, California was approved by the City Engineer of the City of Rancho Cucamonga on January 17, 1980; and, IJHEREAS, Parcel Map Number 5981 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met by entry into an improvement agreement guaranteed by acceptable improvement security by Arlan W. Walton as developer; NO;J, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said improvement agreement and • said improvement security submitted by said developer be and the same are hereby approved and the Mayor is hereby authorized to sign said improvement agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest; and that said Parcel Map Number 5981 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. PASSED, APPROVED, and ADOPTED this day of ,1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, Cfty Clerk I~ :,. • • c ~ 1 1 o ~ z'3" - a i y" i , ~ ~i ~ A ~ ` .a, j .i ~ . a I , , ~ ~ uv • C 3e ~ ~ ~ L T _ - 4 r n (~ i. l iP °~ ~ ~ i.Ijln ~ ~ ~ t ...7. _. ~ r~j. jai j .~i j 9 ~^ ~~. / ° \133tl1f ` ~ Iris _ ~ .-.. _.._ _ ee. • .i -'_ .... ~• ~\ ){ ~ tl3tl50f ~'O ,~"j jf i ii t s? I~ s 4 ~ ~,, ? ~ f 3 ~§ ~ y ~,. ° fir , ~ ~a,j ~ + off ` .~ I .,, a ` ~ ~ ce ;' `f i ~ ~ .. ~.Y ot; ~Y"sP ° i ;,, ~ i \ ~ ~ ~ . CO a3~ ~ ~ ~ ~ ..\ ~ \ ~. ~-- .. ~~' \ \ In ~ ~ ~ i j ' ~ ~ °, ~ :` _ 7 f~ U p o o \„ ~\ 1 \ ~, ywai O u ~ 34 N 4i i xu O Wz ~a==~ N °r ~ ag+ w I ~ $~ ~ ~ r~ `~ Q O ~ ~ a i~ ~ O i` 3m ~ \ ,~ ~,. „ ~ ti `~ `tl I ~~ ~ ~o ~~ o~i0 VI ~ \ ` ~a jt 0 ~ ~ W J ~ e . ~ iV ~ : l \ ~ \ \ ti: r, jln :~ a ~~i ~iI ,.w r. ,. ~, n '. E u'% l y ^ j~ ~ ~ i` of ~' :y a ~d; ' a c I a ~. s .f ~ a ~ ~ I, jr ~I v I J" ~ ~ f \ I C s ~ 9~ ~L-r-~ o Y! : ~Y ~~ 3~~ I 43 i ~ ~r ~; _ i.. a^ ~ ~ I I~ P ~ 9,n I .~ y ern. 1i \ ! _ -,\ -' -\~1- ~-\ f' - -- , e~> _ ~~~~ °I -e\~~ti~--,ine'Li-~a;z~--..--.n':r:n~r •": ;;.11 ~-~h ~~~ 3riiwTe is I - _ l~,_._ -_. _._. _ -.__... -._ _ -__- qSq-- 1~ \ CITY OF RANCHO CDCAMO'rIGA IIdPROVEFIENT AGRE EP!ENT FOR PARCEL P1AP N0. 5981 KfJDIJ ALL t1EN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the P!u nicipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as the City, by and between said City and hereinafter referred to as the Developer WITNESSETH: THAT, 41H EREAS, pursuant to said Code, Developer has requested approval by the City of Parcel Map Number 5987 ~ in accordance with the provisions of the report of the City Engineer thereon, and any amendments thereto; located east side of Sapphire south of Orchard St. and, 41HEREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel map; and, • WHEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and approved by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the pu pose of securing • said approval; 11041, THEREFORE, it is hereby agreed by and between the City and the Developer as follows: 1. The Developer hereby agrees to construct at Developer's expense all improvements described on Pale 3 hereof within nine months from the date hereof, as per Sect idn c.i2 of Dr uinance iro. 28. 2. The term of this agreement shall be nine months commencing on the date of execution hereof by the City. This agreement shall be in default on the day follo~.aing the last day of the term stipulated, unless said term has been extended as hereinafter provided. 3. The Developer may request additional time in which to complete the pro- visions of this agreeinen t, in v+riting not less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. [n consideration of such request, the City reserves the right to review the provisions hereof, including construction standards, cost estimate, and sufficiency of the improvement security, and .to require adjustments thereto when warranted 6y substantial changes therein. 4. If the Developer fails or neglec is to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions to be completed by any lawful means, and thereupon to recover from said Developer and/or his Surety the full cost and expense incurred in so doing. • 5. Encroachment permits shall be obtained by the Developer from the office of the Ci[y Engineer prior to start of any work within the public right of way, and the De ve Toper sha it conduct such wurk in fuii compliance with the re- gulations contained Cherein. Non-compll~nrtce may result in stopping of the work by the City, and asstssi^ont of tfw: ~.,n al ties provi d^d. 6. Public right of way improvement wu . ~~ - - II ~. ~u - ~n ~ fo nna nce u+ith approved improvement plans, Standard Specifications, and Standard Drawings and any special amendments thereto. Construction shall include any transitions and/or other incidental work deemed necessary for drainage or public safety. • RCE12A • I1 LI ,/ j, IMPROVEMENT AGREEMENT 7. Work done within existing streets shall be diligently pursued to comple- tion: the City shall have the right to complete any and all work in the event of unjustified delay in completion, and to recover all cost and expense incurred from the Developer and/or his contractor by any lawful means. 8. The Developer shall be responsible for replacement, relocation, or re- moval of any component of any irrigation water system in conflict with the required work to the satisfaction of the City Engf neer and the owner of the water system. 9. The Developer shall be responsible for removal of all loose rock and other debris from the public right of way resulting from work done on the adjacent property or within said right of way. 10. The Developer shall plant and maintain parkway trees as directed by the Concnunity Development Director. 11. The improvement security to be furnished by the Developer to guarantee completion of the terms of this agreement shall be subject to the approval of the City Attorney. The principal amount of said improvement security shall be not less than the amount shown below: IMPROVEMENT SECURITY SUBMITTED: Faithful Performance Bond Material and Labor Bond E1 ,800.00 $ 900.00 IN 'WITNESS HEREGF, the parties hereto havz caused thew Ares en±s to be dolt' executed and acknowledged with all formalities required by law on the dates set forth opposite their signatures: L J OEV ELOPER BY: L;:-2 Cd.mc/~(Irt ~i~,.. DATE: ~c'. /6 .SAO -~ BY: ~/:,~i~.T9~/i Lax- DATE: /l' -/G -:/'^ WITNESS: __ DATE: CITY OF RANCHO CUCAh10NGA, CALIFORNIA a municipal corporation BY: ATTGT:__ DATE: ITY CLERK • Page 2 as t • (~/ • ~J ,. CITY OF RtV\CNO CUCAPtOYGA CONSTRUCTION AND BOND ESTIMATE ENCROACILMENT PERMIT FEE SCtIEUULE (Attach to "Inspector's Copy") 12/1/80 PERMIT NO. C01ffUTED BY B.Krall DATE: File Reference PM 5981 City Drawing No.s N375 VOTE: Does no[ include current fee Eor writing permit or pavement replace- menC deposits. CONSTRUCTION COST ESTIMATE TTF.11 UANTITY UNIT UNIT COST AMOUNT r r. ~" 7.25 804.75 P ('. C.. Cn rb - H" C.F. L, F. P.C.C. Curti only F" C. F. L. F'. :1. C. DC rm (Jain mint L.F. 4" P.C.C. Sidewalk S.F. 5" hive An nroach S. k'. ri" P. C..C. Gross CueCCr S. F. St reec Excavation C.Y. Im no r[ed Emban kmenc C.Y. P r~naraC ion of Sub rode S.F. nn< f t ^ ~ I S. F. 1300 cons . C. (ov=r A TON A.C. f900 en 1700 tans) TON ~. C. Binder S00 to 900 tons TON l t feeevr +OU torts I'OS I Pn [ch A.C. erenrh) S•F• i" Thir.k A.C. trJe rlav S. F'. 450.00 4d +n<C Fr tar[ )i. U. Co Gracie E:A. AEI inst SetJOr C. (1. to Grade EA. !~!iu~t I:nCer !'n Lvns to frade F,A. R rr~t t,i .~h rs i F.A. Street Si ^~t< EA• S[rrrr 'rrr rs EA. .emove A. t .e as a 1 i iiCTA Ca;:C IJ:\f.LS I I i4 LfIC I:'A,1LL5 L.F. L,17D ;(:f.I'i': ~~ IL'R 1Gi CE1 tl): L.S. TOTAL CONSTRUCTION COST S1 ,574. 75 A-71157-60 FAITHFUL PERFORMANCE BOND PREMIUM 5 33.00 [dHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and ARLAN W. E KAYE M. WALTON (hereinafter designated as princ.vpal") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement,. r?,a t;~d DECE''3ER 16 80 i5_, and ident.vfied as project pno_GITr IMPP9VEuEt7T OF ,PARCEL 1 OF PARCEL MAP 5981 rs hereby referred to and made a part hereof; and, t•!tiEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOt•1, THEREFORE, we the principal and COMMERCIAL UNICN I11SUR.4t:CE COMPANY , as surety, are held and -'ra.l, :; ::nom uato the Ci t7 of Rancho Cucamenga (hereinafter called • "City"),^in the penal sum of one thousand eight hundred Dollard 7 ,g00 00 ) lawful money or the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, execu- tors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall ir. ail things star,3 tc a;,d abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be keot and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall became null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included cosCS and reasonable expenses and fees, including reasonable at- torney's fees, incurred by city in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. tension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the spec- ifications accompanying the same shall in anywise affect its obligation:; on this bond, and it does hereby waive notice of any such chang~_, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IM 47I'LC]GSS WHEREOF, this instrument has been duly executed by the principal and surety above named, on DECEMBER 16th 19_ 8D. ARLAN N. 6 xAYE M. NALTON ~'LL~41 ro.._~~ ~ ~~ U i .. / h7 / ~ ~.-n COMMERCIAL UNION INSURAAICE CO. ~' ~ ~ `~ ~ RCE23 ., ~ LJ Y. F D E. SMIT AT RNEY-IN-FACT , • V~ LAnOR AND CL\TERI IL?1Ei] 80i:D A-71157-50 4JH GREG\S, the City Council of the City of Rancho Cucamonga, State of California, and ARLAN N. E 1GYE M. NALTON (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete cer-, twin designated public improvements, which said agreement, dated OECF.MBER 16, , 1980 and identifie3 as pro- ject nrr.-c rmr rMORnyPMFtlT ar PARCEL 1 OF PARCEL MAP 5981 is hereby referred to and made a part hereof; and, t; EIEREAS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a gcod and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (co,-,..„encing with Section 3032) of Part 4 of Division 3 of the ' Civil Code of the State of California. NCI'., THEREFORE, said principal and the 'end^r5ic.^.ed as e :~, corporate surety, are held firmly bound unto the City of Rancho Cuca-.or.ya and all contractors, subcontractors, laborers, material- men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in tt:e sum of nine hundred Dollars ( 900.00 ), Eor mate=ials furnrs,^.ed or labor thereon of any kind, or for amounts due under tt:e Unemployment Insurance Act with respect to such oro rl: or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon t:iis bond will pay in addition to the face amount thereof, costs and reasonable e::penses and fees, including reasonable at- torney's fees, incur: ed by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in ttxe judyrrent therein rendered, It is hereby c::p ressly stipulated and agreed that this bond s!:o 11 inure to the benefit of any and all persons, companies, and ce_;;orations entitled to Lile claims under Title 15 (coemencing wieh S Ilion 3082) of Par*_ 4 of Division 3 of the Civil Code, so as to give a right of action to then or their ass igns in any suit brought upon this bond. 5'non lei the condition o[ this bond be fully performed, then this obliun tion shall bee erne mall and void, otherwise it shall be and ra-.:a!^ in full force and of :~^c t. • O~ ..._ _ ,, ..i_ .a _., ~ ~, ~ s that no change, ex- tension of time, alteration or addition to the terns of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here- by tia ive notice of any such cha r.ae, extension, alteration or ad- ' dition. IP! P!ITNESS Ii IIE REOF, this instrument has been dul e. ecuted by the principal and surety above named, on DECEMB~R 1~, 19 80• „1 'fl , ,. .,. .. ' ~ t l'1 r' 1 ~• r;' ~ ~'. RCE24 . n) \ ~` ,yq:b ..nn AR//L~AN ~~N. E KAYE N~7..,rN_ALTON (!/LLtc~+./ lc~6G L.-,tip K n ,.G ~1 LUl~~~irA'. i COMMERC,I!^/A~~'L UNIOOQN INSU~R}ANCE CO. Bv: TWIICr. L'.. ,.:V FRED E. SHITH ATTORNEY-IN-FACT • `J J ~~ CITY OF RAl\`Ci-IO CI;CA~~IO\GA STAFI' REPORT DATE: January 7, 1981 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Parcel Map 6316 Parcel Map 6316 located on the northside of 8th Street, west of Vineyard was tentatively approved on September 29, 1980 by the Planning Commission for 1.8 acres to be divided into three (3) parcels for industrial use. The subdivider is Robert Craig. 7 Attached is a resolution authorizing the City Clerk and City Engineer to sign the above referenced parcel map. Off-site improvements will be bonded for by the subdivider before issuance of building permit. RECOMMENDATION It is recommended that City Council adopt the attached resolution authorizing the City Clerk and City Engineer to sign the map and forward it to the County Recorder. /\/ RespectfullyL~tted, l~~ LBH:EK:jaa Attachments ~< RESOLUTION N0. 81-3 • A RESOLUTION OF THE CITY COUt1CIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6316. (TENTATIVE PARCEL MAP N0. 6316) WHEREAS, Tentative Parcel Map Number 6316, subm]]'~~tt~~// by Robert Craig and consisting of 3 parcels, located on the ~3`side of . 8th Street, west of Vineyard, being a division of a portion of lot 3 and 4, Block "F", Eti Wanda Colony lands, per map recorded in Book 2, Page 24 of Maps in the Office of the Recorder of San Bernardino, California was approved by the City Engineer of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 6316 is the final map of the division of land approved as shown on said tentative parcel map; and, WHEREAS, all of the requirements established as prerequisite to approval of the final map by the City Council of said City have now been met; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Parcel Map Number 6316 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. • PASSED, APPROVED, and ADOPTED this day of 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor A?TEST: Lauren H. Wasserman, City Clerk 1 ~g .oc oN ~ a V ~} >oo o `/- < Fax ` ~ m " om M ,ao ~ »~ ~~~ k a ? o a w u p O o Fw ~ a o°~ o W ~~a ~, ~ a !' ` ~ _ 4N ~ O F ^ ~ a p ~o< Z y ; ti a P Z ~ Pao k ~y W ~` ; o,~ ; ~ ° ° . , ~ " n a= °~ k ^ u 1 i o-w ~¢u 00 a~i g== a ~ °\ o.~ e z' N¢u 2 \4 y +t l ~q~ \: a ~ n %~;' __ o us9 ~, ~ I i -~_/~:_~ A o, ;' a~ Z Sk ~y ~~ L °3 $: ~. 4 1 x p 6 tit 7 ~ / / `y\. ~.\~~! ~ ,~2 2 ~~`3~ " ~3 n b» ~x ~W~o , ~~~ Q i C1 ~:..W '~~~~~ , , ~~ i _ d ly O:} v';n y ~ ~ k ~ 1 t Qu~~. 1 K o '' u ~ ~ ~ n ~ W f ir~y 2~ < & p u ,e ~Y i u r ti 0 4~ ~I Z O RW S ~~ CITY OF RA<\CFIO CC'CAMO`GA SI'AFr REPORT DATE: January 7, 1980 T0: City Council and City Manager FROM: Lloyd Hubbs, City Engi neer~. SUBJECT: Release of Bond ((((((~~~'''"' IIIIII"'''' Tract 9590 - Located on the east side of Archibald Avnnue, north of Hillside OWNER: Ter rax Corporation 4766 Park Granada Suite 202 Calabasas Park, California 91302 Parkway Landscaping Bond $29,400 F 1 L . 3C ORDINANCE N0. 132 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RRNCHO CUCAMONGA REPEALING ORDINANCE N0. 117 AND PROVIDING FOR THE CONTROL. COLLECTION AND DISPOSAL OF REFUSE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Collection of Refuse: Charges. (a) Except as otherwise permitted by this Ordinance, a residential refuse service shall he provided to the citizens of the City of Rancho Cucamonga at least once each calendar week. (b) A monthly charge for the collection of refuse shalt be made against the occupants of each residential unit within the City not exempted therefrom as herein provided. The amount of such monthly charge shall be fixed by the City Council by resolution. The City . Council may provide fora reduced monthly charge where the head of household of a residential unit is age sixty-two (62) or over. Refuse collection charges shall be reviewed once annually, in October, and may be adjusted should the City Council, in Tts discretion, determines that adjustment is appropriate; provided, however, no change in amount shall be effective until thirty (30) days after the adoption of a resolu Cion • changing the same. SECTION 2: Me~th~od of~B~illin~~. Refuse collection charges for each residential unit shall be billed by and collected 6y the collector that provides services to such unit. Refuse collection charges shall be due and payable upon heing billed, and delinquent twenty-five (25) days thereafter. SECTION 3: Liabilit for Pa ent. In the event the Occupant of a residential unit fat s to pay refuse collection charges within thirty (30) days following the billing thereof, the owner of the premises upon which such residential unit is located shall also become jointly and severally liable for the payment of such charges. SECTION 4: Penalty for Non-Payment. A penalty shall 6e determined by Resolution of the City Council from time to time establishing a charge for those who fail to pay the regular charge within thirty (30) days following the date on which they are first billed thereof. SECTION 5: Adjustment for Vacancies. No collection charges shall 6e made during [he term thac a residen tia unit is vacant, provided that written notice of the dates of commencement and termination of the vacancy is given to the servicing collector, and further provided that refuse is not set out for collection from such vacant unit. 3( Ordinunce No. Page 2 SECTION 6: Refuse Defined. "Refuse" shall mean and • include garbage, combu stib a rubbish and noncombustible rubbish. (a) "Garbage" shall mean and include all kitchen and table refuse, leavings, offal, and every accumulation of organic matter which attends the preparation, consumption, decay or dealing or storage of meat, fish, fowl, fruits and vegetables. "Garbage" does not include human body waste or liquid swill. (b) "Combustible rubbish" shall mean and include but shall not be limited to paper, cardboard, rags, clothing, books, footwear, packing materials, grass, leaves, brush, and other substances which will incinerate through contact with flames of ordinary temperature. "Combustible rubbish" shall not include explosives or flammable liquids. (c) "Non-combustible rubbish" shall mean and include but shall not be limited to cans, bottles, glass, wire, ashes and other solid waste matter which will not incinerate through contact with flames of ordinary temperature. "Non-combustible rubbish" shall not include furniture, large household appliances, junk autos or parts therefrom, dirt, rock or material from the demolition, alteration or construction of buildings. SECTION 7: Other Definitions. For the purposes of this Ordinance, the fo~owing words and phrases shall have the following meaning: • (a) "Apartment house" shall mean a building, or portion thereof, designed for occupancy by four (4) or more families, living independently of each other. (b) "Commercial" shall mean any business, industry, commercial establishment or construction site. (c) "Collector" shall mean any person or company designated 6y the City Council by ordinance, resolution or contract to collect refuse within the City. (d) "Each residential unit" shall mean each place used for residential purposes for a single family. If more than one (1) family is in one (1) dwelling, such dwelling shall constitute as many units as there are families. Any residential unit used secondarily for business purposes may be considered a commercial unit for the purposes of assigning charges for special collection purposes. SECTION 0: Receptacles Required. Except as provided in this Ordinance, it shall be unlawful for any person to keep, place or deposit refuse in or upon any public or private property except in refuse receptacles which comply with the requirements of this Ordinance. • 3~2 Ordinance No. Page 3 • SECTION 9: Refuse Receptacles: Residential. (a) Except as provided in this section, all refuse from a residential unit shall be kept in a metal or plastic receptacle which has a tight-fitting cover which prevents the escape of odors, and which is equipped with at least two (2) bails or handles. Receptacles shall not be less than fifteen (15) gallons nor more than thirty-five (35) gallons in capacity, nor shall the maximum gross weight of a loaded receptacle set out for collection exceed seventy-five (75) pounds in weight. (b) Grass clippings, leaves and other hard work debris, other than branches or tree limbs, may be either deposited in metal or plastic receptacles, as above mentioned, or in wooden or sturdy cardboard boxes, tubs, plastic trash bags or similar receptacles. If cardboard boxes are used, the cardboard boxes along with the contents shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. (c) Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet (4') in length nor eighteen inches (18") in diameter. (d) Newspapers and magazines may be either deposited in metal cr plastic receptacles, as above mentioned, or tied with sturdy • twine, rope or wire, in buntlles not exceeding fifty (50) pounds in weight. (e) Cardboard boxes may be either flattened and deposited in metal or plastic receptacles, as above mentioned, or may be flattened and tied in bundles not exceeding four feet (4') in length nor fifty (50) pounds in weight. (f) Fpa rtment houses may utilize contractor-approved commercial type collection bins and shall do so if required by the collector serving the apartment house. When an apartment house utilizes commercial-type bins one (1) 3-yard bin shall be furnished for each multiple of six (6) residential units or fraction thereof, (g) Garbage may 6e fed to animals upon property where animals may lawfully be kept in the City if proper sanitary conditions are maintained. SECTION 10: Expense of Refuse Receptacles. Refuse receptacles required by [his Ordinance~l be provided by the occupants of each residential unit or commerical establishment withi^ the City and without expense [o the City. SECTION 11: Receptacles: Cleanliness. The exteriors of the refuse receptacles including covers, shall be kept clean by the occupant. The interior of refuse receptacles shall be cleaned periodically Cr, prevent accumulation of grease or decomposing materials. - ~~ tnance flo. Page 4 SECTION 12: Placement of Refuse Receptacles. (a) Except when set out for collection as herein provided, • refuse receptacles shall be kept within a 6u ilding or otherwise out of view from the public right-of-way adjacent to any property. street, alley, sbdewa lkrorureghtcoftwayeinhsuch ba manner asotoaimpede for endanger pedestrian or vehicular traffic. refuse shall be(placedfatetheccurbcfor collection,1ehutenotrpriorlto eighteen (18) hours before the scheduled collection day. (d) All refuse receptacles shall be removed from public view the same day collection service is rendered. shall be placed (en an la rears whichaisteasilylaccess9blentoocollect bon tes personnel and equipment, with sufficient way to safely collect and maneuver without injury to persons or property. SECTION 13: Periods to Set Out Refuse and Time for Collection. Refuse sha 1 bl a set out for co ec iron not ater than 6:00 a.m. on the day of collection. Any refuse remaining uncollected after the completion of coliec tion in that block shall cons ti to to prima Facie evidence Shat such refuse was set out for collection after the expiration of the time designated fro collection in that block. The person making the late • deposit shall return all uncollected refuse to the premises from whence it came or shall arrange fora special collection Lo be made. SECTION 14: Ga rba qe to Be Wrapped. Garbage shall be wrapped in paper or in plastic adequate to con tarn tt without spillage or leakage before it is deposited in a refuse receptacle. SECTI O.i 15: Oestruc tion of Refuse Receptacles Unlawful. It shall be unlawful for any person to tntenttonally abuse, dent, bend, mutilate, damage or destroy any refuse receptacle or cover thereof, provided, however, that this section shall not apply to the owner of such refuse receptacle or a person acting with permission of the owner. SECTION 16: Combined Collection. Wrapped garbage, non- combustible antl com bustib e rubbi~y pe placed in the same refuse receptacle for combined collection. SECTION 17: Collection Frequent. All refuse generated by residential units shall be collected a minimum of once a week. SECTION 13: Garbage and Refuse Accumulation. Ever owning or occupying any building, lot or premises to the City shallrkeep such property in a clean and sanitary condition and shall not cause or permit garbage or combustible rubbish to accumulate for more than one (1) calendar week, or cause or permit non-combustible rubbish to accumulate . for more than one (1) calendar month. Any accumulation of refuse for a -? v~uin~ _ N0. Page 5 period of time in excess of the times prescribed in this section is hereby declared to be a public nuisance, and said public nuisance may be summarily abated upon order of the City Manager. All costs of abating such public nuisance shall he charged against the person who had the responsihility not to cause the accumulation. SECTION 19: Dangerous and Infected Materials. (a) No person shall place or deposit in any refuse receptacle for collection pursuant to the provisions of this Ordinance any unbroken hypodermic needle, drugs, poisons, acids, dangerous chemicals, explosives, or any other substance which might cause the death of or injury to a human being. (b) No person shall place in any refuse receptacle for collection pursuant to the provisions of this Ordinance any clothing, bedding or other article which is contaminated by reason of being in contact with a person or animal who has an infectious or contagious disease. Such clothing, bedding or other article shall be disposed of only in accordance with the directions of the County Health Officer. SECTION 20: Dead Animals. (a) No person shall place the body of any dead animal upon or under any public or private property in the City except such place or places designated for dead animal di sposai by the City `lz nzger. (b) The owner of any dead animal shall cause the body to be removed to a place designated 6y the City Manager, as soon as possible, at the owner's expense. In the event the owner of a dead animal is unknown, or cannot be immediately located, the City shall cause the removal of such dead animal. Any employee of, or other person authorized by, the City may enter onto private property for the purpose of disposing of the bodies of dead animals. (c) The City Council shall establish a charge for the removal of dead animals, and said charge shall be collected from the owner of any dead animal which fs removed by the City. SECTION 21: Contract for Collection, Removal and Disposal of Refu Se. The City may contract with persons or companies for the collection, removal and disposal of refuse, which contract shall provide, among other things, for the number of collections, manner of emptying recep facles and obedience to sanitary regulations. Said contracts may provide for a franchise fee, in an amount determined by the City Council, to 6e paid to the City. SECTIUfl 22: Unauthorized Collectors. Except where a person or company is authorized to continue col ec Lion services pursuant to Health and Safety Code Section 4272, it shall 6e unlawful for any person, other than the holder of a Current refuse contract with the City, to collect or to remove any such receptacle from the place where the same is placed by the person entitled to possession thereof, or to remove Che contents of any such receptacle. This section applies only to the collection and removal of refuse from residential unfts. ~J v~ _ No. Page 6 SECTION 23: Refuse Truck Regulations. Any person or company holding a refuse contract with the City shall provide an adequate number of vehicles and equipment expressly and especially designed for the containment, collection and transportation of refuse. Said trucks shall be equipped so as to prevent the spilling or dropping of any refuse or liquid therefrom. Said trucks, when not in use, if kept within the boundaries of the City, shall be kept only upon private property in a zone which allows the parking of trucks. No refuse truck shall be parked overnight in the City while partially or fully loaded with refuse, unless due to breakdown or emergency, without permission of the City Manager. SECTION 24: Deposit of Waste Prohibited. It shall be unlawful for any person to cause, or permit, any garbage, sewage, commercial or industrial waste, or waste of any other nature, to remain or be deposited or discharged upon the surface of the ground on any public or private property. SECTION 25: Exceptions: Application and Appeal. (a) Any person desiring to secure an exception from any provision of this Ordinance may apply therefore in writing to the City Manager. (b) The City Manager is authorized to grant exceptions from the provisions of this Ordinance if he finds that all of the following conditions exist: (1) Granting the exception would not be detrimental to the public health and safety; (2) Not to grant the exception would result in undue hardship to the applicant; and, (3) The hardship which would result to the applicant from not granting the exception is a hardship which would not generally apply to other property in the City. (c) The City Manager is authorized to exempt an occupant of a residential unit from refuse collection charges if: (1) The occupant agrees that he or the will not less frequently than weekly remove all accumulated refuse from his or her residential unit and dispose of the same at a disposal site approved by the City Manager; and, (2) The occupant maintains, and produces for inspection upon request by the City, receipts evidencing that refuse from the residential unit has been properly disposed of. 3~ Ordinance No. Page 7 • (d) Any exception granted under sub-section (c) of this section may be revoked and no further exception shall be granted if it is found that such occupant is disposing of refuse at other than an approved disposal site or if such occupant fails to produce disposal receipts upon request by the City. (e) Except for actions taken by the City Manager under sub-sections (c) and (d) of this section, any action of the City Manager in granting or denying an exception to the provisions of this Ordinance shall be in writing and shall be served upon the applicant in person or by mail and shall also be posted in three (3) pu6l is places within the City. Any person residing or owning property within the City may appeal such action of the City Manager to the City Council. The action of the City 1la pager shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days fallowing the date of posting of the action by the City Manager. Any action of the City Manager in granting or denying an exception under sub-section (c) of this section or revoking an exception pursuant to sub-section (d) of this section shall be in writing and shall be served upon the applicant and the collector authorized to provide service to such residential unit in person or by mail. The applicant may appeal such action of Lhe City Manager to the City Council. The action of the City Manager under sub-sections (c) and (d) of this section shall 6e final unless written notice of appeal is filed with the City Clerk not more than Len (10) days following the date notice of the action by the City Manager is deposited in the mail or • personally delivered, as the case may be. SECTION 26: Violations. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall be punishable by fine of not mare than 4500.00 or imprisonment for not more than six (6) months, or by both such fine and imprisonment. Any violation continuing for more than one (1) day shall be deemed to be a separate violation for each day said violation exists. SECTION 27: Enforcement. It shall be the duty of the City Manager to enforce the provisions of this Ordinance. The City Attorney, upon request of the City Manager, shall institute any necessary legal proceedings to enforce the provisions of this Ordinance including, but not limited to, instituting an action for and obtaining an injunction from a court of competent jurisdiction. SECTiOPI 20: Ordinance Numher 117 of the City of Rancho Cucamonga is hereby Repea ed. SECTION 29: Sections 33.021 through 33.0233 of the County Code adopted by Reference (Relating to Refuse Collection) are hereby Repelaed. SECTIO^I 30: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at 1ea~t once in The Dail Re ort, a newspaper of general circulation, published in Lhe City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. 37 ' Ordinance No. Page 8 PASSED, APPROVED, and ADOPTED this day of 1980. • AYES: NOES: ABSENT: Phil ip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk lJ ~J City of RA~TcFio CUCAti10~~GA December 18, 1980 Rancho Disposal Company Post Office Box 956 Cucamonga, California 91730 Re: Proposed Franchise Agreemenr for Refuse Disposal - Southern Section of Rancho Cucamonga Gentlemen: Previously, on or about September 3, 1980, the City of Rancho Cucamonga mailed to you its signed offer For a Franchise Agreement for refuse disposal in the Southern Section of Rancho Cucamonga. On or about September 29, 1980 you re- turned the proposed Franchise Agreement, signed, bu! you conditioned your acceptance on the adoption of a refuse disposal race satlafactory to your company. Inasmuch as you did not accept the City~s offer for a Franchise • Agreement, unconditionally, the City elects to treat your conditional accept- ance as a counteroffer. The Ci[y hereby rejects the counteroffer. The orig- inal offer is hereby revoked. Enclosed please find a new proposed Franchise Agreement for refuse disposal in [he Southern Section of Rancho Cucamonga. This document is being sent co you for your information and is not to be considered by you as an offer by the Cicy of Rancho Cucamonga to enter into a Pranchise Agreement with Rancho Dis- posal. However, should Rancho Disposal desire to enter into a Franchise Agree- ment wl[h the City of Rancho Cucamanga, on the terms set forth in the enclosed document, you may make your offer 6y signing and returning C}~e enclosed document. Very truly yours, CITY OF RANCHO CUCAMONGA RYV /i/~/ i ~ ~/ ~~/yC'~C~^ Phlll D. Schlosser, Mayor i PDS:ba enclosure PORT OFFIf.F. ROX R07 RANf.l10 CI'CA\IA\'GA, CALIFORNIA 91 i30 7N/9R9•IR51 FRANCHISE AGREEMENT • FOR REFUSE DISPOSAL SOUTHERN SECTION OF RANCHO CUCAMONGA THIS AGREEMENT, made and entered into this day of , 198 U, by and between the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, hereinafter referred to as "City", and RANCHO DISPOSAL, a California corporation, hereinafter referred to as "Contractor", provides as follows: W I T N E S S E T H- WHEREAS, heretofore City has duly adopted an ordinance concerning the collection, removal and disposal of refuse within the City of Rancho Cucamonga; and WHEREAS, said ordinance authorizes the City Council of City to contract with any person, firm or corporation for the collection, removal and disposal of such refuse from within the City of Rancho Cucamonga. CIOtP, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto • agree as follows: ARTICLE 2 GENERAL PROVISIONS SECTION 1. REFUSE ORDINANCE INCORPORATED BY REFERENCE. A11 provisions of the City of Rancho Cucamonga Ordinance No. 117, as the same now exists or as it may hereafter be amended, and all provisions of any other ordinance of the City which may hereafter be enacted and which in any way deals with the subject of disposal of refuse from residential units in the City, hereinafter collectively referred to as the "Refuse Ordinance", are hereby incorporated by reference and made a part of this Agreement as if the same were set forth herein in full. SECTION 2. DEFINITIONS. FOr the purpose of this Contract, the following words and phrases are defined and shall be construed as follows, unless it shall be apparent from the context that a different meaning is intended: A. "SOUT[IE RN SECTION" shall mean that portion of the City south of the street of Base Line. B. "DISPOSE" and "DISPOSAL" shall mean the complete • operation of collecting, treating, transportation and dispos- ing of accumulations of refuse and the products or residue u arising from any treatment. C. "EXCLUDED MATERIALS" shall mean those wastes and other materials not included in the refuse ordinance definitions of refuse, garbage, combustible rubbish and non- combustible rubbish. SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, rules and regulations of the State, County, City and all political subdivisions thereof having jurisdiction over work done or to be done under this Contract; the Contractor must conform to and abide by all ordinances of City and of the County and of cities through which refuse collected may be hauled or wherein such refuse may be disposed of. This Contract, all terms, provisions, conditions and specifications hereof, and all duties and obligations imposed hereunder upon the Contractor, his agents, employees and assigns and all of the rights and privileges of the Contrac- tor hereunder, shall 6e subject to and conditioned on the provisions of such statutes, ordinances, rules and regulations as the City Council may, from time to time, adopt or make with respect to collection, removal or disposal of refuse, with dua regard to the financial impact and mutual interest of the Contractor or the City. SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY. Contractor shall indemnify and hold harmless City from and against any and all claims arising from the conduct of Contzactor's business or from any activity, work or thing done, permitted or suffered by Contractor in the performance of this Agreement, and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obliga- tions on Contractor's part to be performed under the terms of this Contract or arising from any negligence of the Contractor or any of Contractor's agents, officers, contrac- tors, or employees, and from and against all costs, attor- neys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought there- on; and in case any action or proceeding be brought against City by reason of any such claim, Contractor upon notice from City shall defend the same at Contractor's expense by counsel satisfactory to City or City may defend the same and require payment of attorneys' fees in advance from Contractor. SECTION 5. DEFAULTS; REb1E DIES. i~ A. DEFAULTS. In addition to anything set forth specifically herein and referred to as a material default, the occurrence of any one or more of the following events shall constitute a material default and breach of this •~' Agreement by Contractor: (1) the failure by Contractor to observe or perform any of the covenants, conditions or provisions of this Contract to be observed or performed by Contractor, where such failure shall continue for a period of thirty (3G) days after written notice thereof from City to Contrac- tor; (2) the failure of Contractor to perform all work required of the Contractor hereunder in a good, thorough and workmanlike manner; (3) the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt or a petition for reorganization or arrangement under any laws relating to bankruptcy; the making by Contractor of any general assign- ment, or general arrangement for the benefit of creditors. Failure to comply with any of the terms, provisions or conditions of this Contract by Contractor by reason of major disaster, epidemic or other great emergency shall not constitute a breach of contract. 8. REMEDIES. In the event of any such material default or breach by Contractor, City may at any time there- • after, upon giving Contractor written notice as herein provided, and without limiting City in the exercise of any other right or remedy which City may have by reason of such default or breach: (1) terminate this Agreement and all of Contractor's rights hereunder. In the event of such termi- nation Contractor shall pay over to City, for the benefit of the occupants of residential units of the Southern Section, all refuse fees which have been collected but have not yet been earned by Contractor, such fees to be prorated to the date of termination, on the basis of a thirty (30)-day month. (2) pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the ow,.c of California. (3) cure the default of Contractor itself; provided that if City, by reason of Contractor's default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be immediately due from Contractor to City and shall 6eaz interest at the rate of twelve percent (12~) per annum from the date the sum is paid by City until City is reimbursed by Contractor. • -3- . ARTICLE II TERM AN- AREA OF AGREEMENT SECTION 6. TERM OF CONTRACT. The term of this Contract shall be for a period of five (5) years commencing on the day of , 1980. The Contract shall automatically be renewed at the end of each year for an additional one (1)-year period unless a Notice of Non- Renewal is given as provided below. If either the Contractor or the City desires not to renew the Contract, a notice shall he served upon the other party. Unless said notice is served within thirty (30) days prior to the renewal date, the Contract shall be renewed for an additional period. If notice of Non-Renewal is served as hereinabove provided, the existing contract shall remain in full Force and effect for the balance of the period remaining on the original term or the last renewal of the Contract, as the case may be. ARTICLE III . GENERAL SCOPE OF CONTRACTOR'S -UTIES AND SERVICES SECTIOC] 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have the sole and exclusive duty to dispose of all refuse set out for collection from all residential units within the Southern Section, and Contractor shall furnish all labor, materials and equipment necessary for the perfor- mance of such work, provided, however, that the Contractor shall not be required to collect any uncontainerized scat- tered rubbish or garbage unless such garbage has been thor- oughly drained, wrapped and containerized. Except as other- wise provided herein, Contractor shall not be required to dispose of excluded items. All of the work required of the Contractor hereunder shall be done in a good, thorough and workmanlike manner. Notwithstanding the foregoing provis- ions of this section, Contractor shall have not duty to dis- pose of refuse from those residential units within the Southern Section for which an exemption from refuse collec- tion charges has been granted by the City. SECTION 8. DISPOSAL. AL1 refuse collected by Contractor shall ecome the property of Contractor immediately upon the collection thereof, and shall be forthwith removed and transported by Contractor to a lawful place of disposal, whic:. shall be provided, arranged for or furnished by Con- tractor. Contractor, at its own expense shall pay all costs ~~ and charges in connection with said dispcsal. SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or dropped by Contractor from any vehicle transport- ing the same or otherwise, or if any vehicle operated by the Contractor shall discharge any fluid, either upon public or private property, it shall immediately be cleaned up and removed by Contractor at the expense of Contractor. SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not assign this Agreement or any part thereof, or any right or privilege connected therewith, without first obtain- ing City's written consent. One consent by City shall not be consent to a subsequent assignment. Contractor's inter- est in this Agreement is not assignable by operation of law, nor is any assignment of its interest herein, without City`s written consent. The transfer, either voluntarily or invol- untarily, of all or substantially all of the assets of Contractor, the transfer, either voluntarily or involuntarily, of a majority of the voting (or common) stock of Contractor; the merger or dissolution of Contractor shall be deemed an assignment of the Agreement For the purposes of this Agree- ment. Any assignment of this Agreement, or any part hereof, or any right or privilege connected herewith, without the • written consent of City first had and obtained shall consti- tute a material breach of this Agreement. SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise required by state law, it is agreed by and between the parties hereto that it is the intention of the parties hereby the terms of this Contract to constitute Contractor the sole and exclusive person, firm or corporation author- ized or permitted to collect, remove and dispose of garbage, rubbish, waste and other refuse matter from all residential premises within the Southern Section during the term of this Contract. Cantractor hereby releases any and all rights given it under state law to continue collecting refuse from any residential premises in the City. City shall protect Contractor's rights to an exclusive contract by proper ordinances, and by reasonable enforcement thereof. SECTION 12. FREQUENCY OF COLLECTION. The Contractor shall collect from each residential unit a minimum of once each week, but can provide additional collection service at additional charge whenever such service is necessary to prevent excessive accumulation of refuse. SECTION 13. COLLECTION-EDtERGENCY VEHICLE. Contractor • agrees to have available between the hours of 8:00 a.m. and _5 L)II • 3:00 p.m. an emergency vehicle and other necessary equipment to take care of any complaints or emergencies which require immediate attention. SECTION 19. ANNUAL CLEAN-UP CAMPAIGN. Contractor agrees to furnish without additional or special charge trucks, labor and all other necessary equipment and person- nel to participate in an annual City Clean-Up Campaign for one week at such time as is designated by City. Collections during the Annual Clean-Up Campaign will be made at locations desigra ted by the City, provided, however, that the number of locations shall not exceed ten (10). In addition to collecting refuse as defined in the refuse ordinance, Contrac- tor shall also collect furniture, large household appliances, automobile parts, scrap lumber, and other like items. SECTION 15. RECORD OF NON-COLLECTION. When refuse deposited for collection is not collected by the Contractor for sufficient reason, he shall leave a red tag provided at his cost at least 2-7/B" x 5-3/4" in size, on which he has indicated the reasons for his refusal of the garbage or rubbish, giving reference to the section of the City ordi- nance or to the section of City or Contractor's Rule which has keen violated, and which gives grounds for his refusal. This information shall either be in writing or by means of a • check system. SECTION lb. ENTERING PRIVATE PROPERTY. The Contractor shall in no event be under any obligation to enter private courts or places or other private property to make collec- tions under this Contract. However, if by invitation of the owner or occupant and agreed by the Contractor, Contractor shall assume that the pavement and entry way is of sufficient strength and safety to support his vehicle without damage either to the premises or Contractor's equipment or men, Contractor shall have the right to enter such premises. SECTION 17. CARE OF CONTAINERS. The Contractor, his agents and/or his employees shall not throw garbage or rubbish containers from the truck to the pavement or in any other way use excessive roughness in handling the ware, but shall use prudent care. However, notwithstanding the cus- tomer shall be responsible for the repair and replacement of his own containers. ARTICLE IV CHARGES FOR COLLECTION SGCTION 18. CHARGES. Charges for refuse collection shall be reviewed once annually, in October of each year, • and ray be adjusted as the City Council may, in its discre- tion, determine, provided, however, that without the consent _6 ~` of the Contrator the charges shall not be reduced below the amounts established by Resolution No. SO- SECTION 19. EXCLUDED MATERIAL PICK-UP. Contractor may contract with owners, residents and proprietors of residen- tial property in the Contract Area to collect and dispose of excluded materials on such terms as may be mutually agree- able to Contractor and the customer concerned. SECTION 20. FRANCHISE FEE. Contractor shall pay to City, as hereinafter provided, as a franchise fee and as consideration for entering into this Agreement, the follow- ing: A. A sum of money equal to five percent (58) of the gross receipts of Contractor. The term "gross receipts" as used herein shall be the total amount in dollars of all sums collected by Contractor from occupants or owners of residential units in the Southern Section for the performance of disposal services required or authorized by this Agree- ment. B. On or before the thirtieth (30th) day of each month Contractor shall pay over to City the City's percent- age share of the gross receipts of Contractor collected dueing the previous calendar month. C. On or before the thirtieth (30th) day of each • calendar month, Contractor shall prepare and deliver to City a monthly statement of gross receipts of the Contractor during the previous calendar month, certified by an authorized officer of Contractor. In the event City is not satisfied with any such statement submitted by Contractor, City shall have the right to make a special audit, 6y auditors selected by City, of the books and records of Contractor. If such audit shows a deficiency for the period covered, the amount thereof shall be paid promptly by Contractor; if such a~s3it shall show an overpayment, the excess shall be applied on any amounts then due to City by Contractor, and the balance, if any, refunded promptly to Contractor. If any such state- ment is found to be incorrect to an extent of more than three percent (38) over the figures submitted by Contractor, Contractor shall pay for such special audit, and if such special audit verifies Contractor's statement to be correct or not to vary more than three percent (38) over the figures submitted by Contractor, the expense of such audit shall be borne by City. D. During the term of this Agreement, and for a period of four (4) years thereafter, Contractor shall keep and maintain full, complete and proper books, records and accounts of all gross receipts. • -7 ~K/ • SECTION 21. BONDS. The Contractor shall procure and maintain and keep on file with the City Clerk during the term of the contract, the following valid and unexpired bonds, in a form approved by the City Attorney, executed by Contractor as principal, and by the corporate surety comply- ing with each and all of the provisions of Section 1056 of the Code of Civil Procedure of the State of California, as surety. Each bond shall provide that it shall not be cancelled by the insurance carried unless thirty (30) days' prior notice of such intention to cancel shall first have been served upon the City Clerk of City. Each such bond shall further provide that it shall not be void upon the first recovery, but that same may be sued on and recovered from time to time until the whole penalty is exhausted. A. A Faithful Performance Bond, in the principal sum of $15,000.00 to guarantee the faithful performance of the contract during the term hereof. SECTION 22. COMPENSATIOCI INSURANCE. The Contractor shall, during the life of this contract, keep fully insured, at his own expense, all persons employed by him in connection with the Contract, as required by the "Workmen's Compensation insurance and Safety Act" of the State of California, and shall not hold the City responsible for any liability that • may arise by reason of the injuries to any employees of the Contractor who are injured whild performing any work or labor necessary to carry out the provisions of this Contract. The Contractor shall, at all times, keep on file with the City Clerk evidence that the Contractor is fully and properly insured, as required by the Act. SECTION 23. RECORDS OF OPERATION. Contractor shall keep and preserve, during the term of this Agreement, full, complete and true records of his operations, including, but not limited to, cost figures relating to personnel, equip- ment and administrative overhead incurred in collecting and disposing of the garbage and trash from all residences and premises within the City. Contractor shall engage a certi- fied public accountant to prepare same and make available for City Administrator's review but such records shall remain confidential. SECTION 24. NOTICES. Any notice that may be given to Contractor under or with respect to this Contract shall be deemed to have been given when personally delivered or when sent to Contractor by registered or certified mail, return receipt requested, postage paid, addressed to Contractor at 14188 tJhittram Street, Fontana, California 92335. Any notice that may be given to City under or with respect to thi Contract shall be deemed to have been given when personally delivered to the City Clerk of City or when sent -8- ~/ to City by registered or certified mail, return receipt requested, postage paid, addressed to the City Clerk of City at 9320-C Base Line Road, P.O. Box 807, Rancho Cucamonga, California 91730. Either party may change the place to which notices to it are to be mailed by giving notice of change of address in the manner described in this Section. SECTION 25. POLICE POWER. City reserves the right to determine, in the exercise of its powers, to provide for the public health and welfare, whether technological or other changes materially affect the level of the service required by the City, and in such case, the level of service hereunder may be adjusted by City and this Contract shall be reviewed and revised accordingly. SECTION 26. INTEGRATION. This Agreement, upon accep- tance by the parties hereto, constitutes the sole and only agreement between Contractor and City as to the subject matter hereof, and is intended by each to constitute the final written memorandum of all of their agreements and understandings in this transaction. SECTION 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. SECTION 28: INVALIDITY. If any term or provision of this Agreement or application thereof is held invalid or unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 29. MISCELLANEOUS. The masculine gender, the singular number and the present tense, shall be deemed Co include the feminine and neuter genders, plural number and past and future tenses, respectively, where the context so requires. The article and section headings herein are used only for the purposes of convenience and shall not be deemed to limit the subject of the articles and sections hereof. EXECUTED at Rancho Cucamonga, California, on the day and year first above written. CITY OF RAP7CH0 CUCAMONGA, a (SOUTH) municipal corporation RANCHO DISPOSAL, a California corporation eY: RY: Pi(I LLIP D. SCHLOSSER, Mayor (Title) ATTEST: BY (Title) • • .URE'., 't. NASSER:di.?i, City Clerk ll _n_ 'I` • City of ~ANCHO ~UCAMONGA December 18, 1980 Yukon Disposal Company Post Office Bax 1 Alta Loma, California 91701 Re: Proposed Franchise Agreement for Refuse Disposal - Northern Section of Rancho Cucamonga Gentlemen: Previously, on or about September 5, 1980, the City of Rancho Cucamonga mailed [o yeu its signed offer for a Franchise Agreement for refuse disposal in the Northern Sec[Son of Rancho Cucamonga. On or about October 3, 1980, you returned [he proposed Franchise Agreement, signed, bui you conditioned your acceptance on the adoption of a refuse disposal rate satisfactory to your company. Inas- • much as you did nut accept the City's of Eer for a Franchise Agreement, uncon- ditionally, the City elects to treat your conditional acceptance as a counter- offer. The City hereby rejects the couteroffer. The original offer is hereby revoked. Enclosed please Eind a new proposed Franchise Agreement for refuse disposal in the :7orthern Section of Rancho Cucamonga. This document is being eent [o you for your information and is not [o be considered by you as an offer by the City of Rancho Cucamonga to enter into a Franchise Agreement with Yukon Dis- posal. However, should Yukon Disposal desire to enter into a Franchise Agree- ment with the City of Rancho Cucamonga, on the terms set forth in the encloaed document, you may make your offer by signing and returning the encloaed document. Very truly yours, CITY OF RANCHO CUCA2100GA Phil6Lio D. Schlosser, ?tayor l J POS:baa enc lasu rc POST OFFICE BOX 807, RANCRO CUCA510N~~ALIFORNIA 917J0 • (7lQ 9891851 FRANCHISE AGREEMENT • FOR REFUSE DISPOSAL NORTHERN SECTION OF RANCHO CUCAMONGA THIS AGREEMENT, made and entered into this day of 1980, by and between the CITY OF RANCHO CUCAAIONGA, CALIFORNIA, a municipal corporation, hereinafter referred to as "City", and YUKON DISPOSAL, a California corporation, hereinafter referred to as "Contractor", provides as follows: W I T N E S S E T H• WHEREAS, heretofore City has duly adopted an ordinance concerning the collection, removal and disposal of refuse within the City of Rancho Cucamonga; and WHEREAS, said ordinance authorizes the City Council of City to contract with any person, firm or corporation for the collection, removal and disposal of. such refuse from within the City of Rancho Cucamonga. NOt?, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto . agree as follows: ARTICLE I GENERAL PROVISIONS SECTION 1. REFUS F. ORDINANCE INCORPORATED BY REFERENCE. All provisions of the City of Rancho Cucamonga Ordinance No. 117, as the same now exists or as it may hereafter be amended, and all provisions of any other ordinance of the City which may hereafter be enacted and which in any way deals with the subject of disposal of refuse from residential units in the City, hereinafter collectively referred to as the "Refuse Ordinance", are hereby incorporated by reference and made a part o£ this Agreement as if the same were set forth herein in full. SECTION 2. DEFINITIONS, For the purpose of this Contract, the following words and phrases are defined and shall be construed as follows, unless it shall be apparent from the context that a different meaning is intended: A. "NORTHERN SECTION" shall mean that portion of the City north of the street of Base Line. B. "DISPOSE" and "DISPOSAL" shall mean the complete . operation of collecting, treating, transportation and dispos- ing of accumulations of refuse and the products or residue -1- • arising from any treatment. C. "EXCLUDED MATERIALS" shall mean those wastes and other materials not included in the refuse ordinance definitions of refuse, garbage, combustible rubbish and non- combustible rubbish. SECTION 3. COMPLIANCE WITH LAWS. The Contractor shall comply with all laws, ordinances, rules and regulations of the State, County, City and all political subdivisions thereof having jurisdiction over work done or to be done under this Contract; the Contractor must conform to and abide by all ordinances of City and of the County and of cities through which refuse collected may be hauled or wherein such refuse may 6e disposed of. This Contract, all terms, provisions, conditions and specifications hereof, and all duties and obligations imposed hereunder upon the Contractor, his agents, employees and assigns and all of the rights and privileges of the Contrac- tor hereunder, shall be subject to and conditioned on the provisions of such statutes, ordinances, rules and regulations as the City Council may, Erom time to time, adopt or make with respect to collection, removal or disposal of refuse, with due regard to the financial impact and mutual interest of the Contractor or the City. SECTION 4. INDEMNIFICATION AND EXEMPTION FROM LIABILITY. Contractor shall indemnify and hold harmless City from and against any and all claims arising from the conduct of Contractor's business or from any activity, work or thing done, permitted or suffered by Contractor in the performance of this Agreement, and shall further indemnify and hold harmless City from and against any and all claims arising from any breach or default in the performance of any obliga- tions on Contractor's part to be performed under the terms of this Contract or arising from any negligence of the Contractor or any of Contractor's agents, officers, contrac- tors, oz employees, and from and against all costs, attor- neys' fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought there- on; and in case any action or proceeding be brought against City by reason of any such claim, Contractor upon notice from City shall defend the same at Contractor's expense by counsel satisfactory to City or City may defend the same and reyuire payment of attorneys' fees in advance from Contractor. SECTION S. DEFAULTS; REMEDIES, A. DEFAULTS. In addition to anythiny set forth specifically herein and referred to as a material default, the occurrence of any one or more of the following events sF.s 11 constitute a material default and breach of this -2- ~' Agreement by Contractor: • (1) the failure by Contractor to observe or perform any of the covenants, conditions or provisions of this Contract to be observed or performed by Contractor, where such failure shall continue for a period of thirty (30) days after written notice thereof from City to Contrac- tor; (2) the failure of Contractor to perform all work required of the Contractor hereunder in a good, thorough and workmanlike manner; (3) the filing by or against Contractor of a petition to have Contractor adjudged a bankrupt or a petition for reorganization or arrangement under any laws relating to bankruptcy; the making by Contractor of any general assign- ment, or general arrangement for the benefit of creditors. Failure to comply with any of the terms, provisions or conditions of this Contract by Contractor by reason of major disaster, epidemic or other great emergency shall not constitute a breach of contract. B. REh1EDIES. In the event of anv such material default or breach by Contractor, City may at any time there- • after, upon giving Contractor written notice as herein provided, and without limiting City in the exercise of any other right or remedy which City may have by reason of such default or breach: (1) terminate this Agreement and all of Contractor's rights hereunder. In the event of such termi- nation Contractor shall pay over to City, for the benefit of the occupants of residential units of the Northern Section, all refuse fees which have been collected but have not yet been earned by Contractor, such fees to be prorated to the date of termination, on the basis of a thirty (30)-day month. (2) pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California. (3) cure the default of Contractor itself; provided that if City, by reason of Contractor's default, pays any sum or does any act that requires the payment of any sum, the sum paid by City shall be immediately due from Contractor to City and shall bear interest at the rate of twelve percent (122) per annum from the date the sum is paid by City until City is reimbursed by Contractor. L _; ~~ • ARTICLE II TERM AND AREA OF AGREEMENT SECTION 6. TERM OF CONTRACT. The term of this Contract shall be for a period of five (5) years commencing on the day of 1980. The Contract shall automatically be renewed at the end of each year for an additional one (1)-year period unless a Notice of Non- Renewal is given as provided below. If either the Contractor or the City desires not to renew the Contract, a notice shall be served upon the other party. Unless said notice is served within thirty (30) days prior to the renewal date, the Contract shall be renewed for an additional period. If notice of Non-Renewal is served as hereinabove provided, the existing contract shall remain in full force and effect for the balance of the period remaining on the original term or the last renewal of the Contract, as the case may be. ARTICLE III • GENERAL SCOPE OF CONTRACTOR'S DUTIES AND SERVICES SECTZON 7. GENERAL DUTIES OF CONTRACTOR. Contractor shall have the sole and exclusive duty to dispose of all refuse set out for collection from all residential units within the Northern Section, and Contractor shall furnish all labor, materials and equipment necessary for the perfor- mance of such work, provided, however, that the Contractor shall not 6e required to collect any unconta inerized scat- tered rubbish or garbage unless such garbage has been thor- oughly drained, wrapped and containerized. Except as other- wise provided herein, Contractor shall not be required to dispose of excluded items. All of the work required of the Contractor hereunder shall be done in a good, thorough and worY.manliY,e manner. Notwithstanding the foregoing provis- ions of this section, Contractor shall have not duty to dis- pose of refuse from tlio se residential units within the Northern Section for which an exemption from refuse collec- tion charges has been granted by the City. SECTION 8. DISPOSAL. A11 refuse collected by Contractor shall become the property of Contractor immediately upon the collection thereof, and shall be forthwith removed and transported by Contractor to a lawful place of disposal, ® which shall be provided, arranged for or furnished by Con- i tr.ic tor. Contractor, at its own expense shall pay all costs _q_ and charges in connection with said disposal. • SECTION 9. LITTER OR SPILLAGE. Should any refuse be spilled or dropped by Contractor from any vehicle transport- ing the same or otherwise, or if any vehicle operated by the Contractor shall discharge any fluid, either upon public or private property, it shall immediately be cleaned up and removed by Contractor at the expense of Contractor. SECTION 10. ASSIGNMENT, CONSENT REQUIRED. Contractor shall not assign this Agreement or any part thereof, or any riyht or privilege connected therewith, without first obtain- ing City's written consent. One consent by City shall not be consent to a subsequent assignment. Contractor's inter- est in this Agreement is not assignable by operation of law, nor is any assignment of its interest herein, without City's written consent. The transfer, either voluntarily or invol- untarily, of all or substantially all of the assets of Contractor, the transfer, either voluntarily or involuntarily, of a majority of the voting (or common) stock of Contractor; the merger or dissolution of Contractor shall be deemed an assignment of the Agreement for the purposes of this Agree- ment. Ar.y assignment of this Agreement, or any part hereof, or any right or privilege connected herewith, without the • written consent of City first had and obtained shall consti- tute a material breach of this Agreement. SECTION 11. EXCLUSIVENESS OF CONTRACT. Except as otherwise required by state law, it is agreed by and between the parties hereto that it is the intention of the parties hereby the terms of this Contract to constitute Contractor the sole and exclusive person, firm or corporation author- ized or permitted to collect, remove and dispose of garbage, rubbish, waste and other refuse matter from all residential premises within the Northern Section during the term of this Contract. Contractor hereby releases any and all rights given it under state law to continue collecting refuse from any residential premises in the City. City shall protect Contractor's rights to an exclusive contract by proper ordinances, and by reasonable enforcement thereof. SECTION 12. FREQUENCY OF COLLECTION. The Contractor shall collect from each residential unit a minimum of once each week, but can provide additional collection service at additional charge whenever such service is necessary to prevent excessive accumulation of refuse. SECTION 13. COLLECTION-EMERGENCY VEHICLE. Contractor • agrees to have available between the hours of 8:00 a.m. and 5 ~, / . 3:00 p.m. an emergency vehicle and other necessary equipment to take care of any complaints or emergencies which require immediate attention. SECTION 14. ANNUAL CLEAN-UP CAMPAIGN. Contractor agrees to furnish without additional or special charge trucks, labor and all other necessary equipment and person- nel to participate in an annual City Clean-Up Campaign for one week at such time as is designated by City. Collections during the Annual Clean-Up Campaign will be made at locations designated by the City, provided, however, that the number of locations shall not exceed ten (10). In addition to collecting refuse as defined in the refuse ordinance, Contrac- tor shall also collect furniture, large household appliances, automobile parts, scrap lumber, and other like items. SECTION 15. RECORD OF NON-COLLECTION. When refuse deposited for collection is not collected by the Contractor for sufficient reason, he shall leave a red tag provided at his cost at least 2-7/8" x 5-3/4" in size, on which he has indicated the reasons for his refusal of the garbage or rubbish, giving refr-ence to the section of the City ordi- nance or to the section of City or Contractor's Rule which has been Violated, and which gives grounds for his refusal. This information shall either be in writing or 6y means o: a • check system. SECTION 16. ENTERING PRIVATE PROPERTY. The Contractor shall in no event a under any obligation to enter private courts or places or other private property to make collec- tions under this Contract. However, if by invitation of the owner or occupant and agreed by the Contractor, Contractor shall assume that the pavement and entry way is of sufficient strength and safety to support his vehicle without damage either to the premises or Contractor's equipment or men, Contractor shall have the right to enter such premises. SECTION 17. CARE OF CONTAINERS. The Contractor, his agents and/or his employees shall not throw garbage or rubbish containers from the truck to the pavement or in any other way use excessive roughness in handling the ware,~but shall use prudent care. However, notwithstanding the cus- tomer shall be responsible for the repair and replacement of his own containers. ARTICLE IV CHARGES FOR CCLLF.CTION SECTION 18. Ct1A RGE5. Charges for refuse collection shall be reviewed once annually, in October of each year, acid may 6e adjusted as the City Council may, in its discre- tion, determine, provided, however, that without the consent -6- ~5 of the Contrator the charges shall not be reduced below the • amounts established by Resolution No. 80- SECTION 19. EXCLUDED MATERIAL PICK-UP. Contractor may contract with owners, residents and proprietors of residen- tial property in the Contract Area to collect and dispose of excluded materials on such terms as may be mutually agree- able to Contractor and the customer concerned. SECTION 20. FRANCHISE FEE. Contractor shall pay to City, as hereinafter provided, as a franchise fee and as consideration for. entering into this Agreement, the follow- ing: A. A sum of money equal to five percent (58) of the gross receipts of Contractor. The term "gross receipts" as used herein shall be the total amount in dollars of all sums collected by Contractor from occupants or owners of residential units in the Northern Section for the performance of disposal services required or authorized by this Agree- ment. B. On or before the thirtieth (30th) day of each month Contractor shall pay over to City the City's percent- age shorn of the gross receipts of Contractor collected during the previous calendar month. • C. On or before the thirtieth (30th) day of each calendar month, Contractor shall prepare and deliver to City a monthly statement of gross receipts of the Contractor during the previous calendar month, certified by an authorized officer of Contractor. In the event City is not satisfied with any such statement submitted by Contractor, City shall have the right to make a special audit, by auditors selected by City, of the books and records of Contractor. If such audit shows a deficiency for the period covered, the amount thereof shall be paid promptly by Contractor; if such audit shall show an overpayment, the excess shall be applied on any amounts then due to City 6y Contractor, and the balance, if any, refunded promptly to Contractor. If any such state- ment is found to be incorrect to an extent of more than three percent (3~) over the figures submitted by Contractor, Contractor shall pay for such special audit, and if such special audit verifies Contractor's statement to be correct or not to vary more than three percent (38) over the figures submitted by Contractor, the expense of such audit shall be borne by City. D. During the term of this Agreement, and for a period of four (4) years thereafter, Contractor shall keep and maintain full, complete and proper books, records and ac::ounts of all gross receipts. • -7 ~~ . SECTION 21. BONDS. The Contractor shall procure and maintain and keep on file with the City Clerk during the term of the contract, the following valid and unexpired bonds, in a form approved by the City Attorney, executed by Contractor as principal, and by the corporate surety comply- ing with each and all of the provisions of Section 1056 of the Code of Civil Procedure of the State of California, as surety. Each bond shall provide that it shall not be cancelled by the insurance carried unless thirty (30) days' prior notice of such intention to cancel shall first have beer. served upon the City Clerk of City. Each such bond shall further provide that it shall not be void upo:i the first recovery, but that same may be sued on and recovered from time to time until the whole penalty is exhausted. A. A Faithful Performance Bond, in the principal sum of $15,000.00 to guarantee the faithful performance of the contract during the term hereof. SECTION 22. COMPENSATION INSURANCE. The Contractor shall, during the life of this contract, keep fully insured, at his own expense, all persons employed by him in connection with the Contract, as required by the "Workmen's Compensation Insurance and Safety Act" of the State of California, and shall not hold the City responsible for any liability that may arise by reason of the injuries to any employees of the Contractor who are injured whild performing any work or labor necessary to carry out the provisions of this Contract. The Contractor shall, at all times, keep on file with the City Clerk evidence that the Contractor is fully and properly insured, as required by the Act. . SECTION 23. RECORDS OF OPERATION. Contractor shall keep and preserve, during the term of this Agreement, full, complete and true records of his operations, including, but not limited to, cost figures relating to personnel, equip- ment and administrative overhead incurred in collecting and disposing of the garbage and trash from all residences and premises within the City. Contractor shall engage a certi- fied public accountant to prepare same and make available for City Administrator's review but such records shall remain confidential. SECTION 24. NOTICES. Any notice that may be given to Contractor under or with respect to this Contract shall be doomed to have been given When personally delivered or when sent to contractor by registered or certified mail, return receipt requested, postaye paid, addressed to Contractor at Post Office Box 1, Alta Loma, California 91701. Any notice that may be given to City under or with respect to this - contract shall be deemed to have been given when personally - deiive red to the City Clerk of City or when sent to City by _g 57 registered or certified mail, return receipt requested, postage paid, addressed to the City Clerk of City at 9320-C Base Line Road, P.O. Box 807, Rancho Cucamonga, California 91730. Either party may change the place to which notices to it are to be mailed by giving notice of change of address in the manner described in this Section. SECTION 25. POLICE POWER. City reserves the right to determine, in the exercise of its powers, to provide for the public health and welfare, whether technological or other changes materially affect the level of the service required by the City, and in such case, the level of service hereunder may be adjusted by City and this Contract shall be reviewed and revised accordingly. SECTION 26. INTEGRATION. This Agreement, upon accep- tance by the parties hereto, constitutes the sole and only agreement between Contractor and City as to the subject matter hereof, and is intended by each to constitute the . final written memorandum of all of their agreements and understandings in this transaction. SECTION 27. COUNTERPARTS. This Agreement may be executed in any number of counterparts with the same force and effect as if all signatures were appended to one document, each of which shall be deemed an original. SECTION 28: INVALIDITY. If any term or provision of this Agreement or application thereof is held invalid or unenforceable as to any party, the balance of the Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. SECTION 29. MISCELLANEOUS. The masculine gender, the singular number and the present tense, shall be deemed to include the feminine and neuter genders, plural number and past and future tenses, respectively, where the context so requires. The article and section headings herein are used only for the purposes of convenience and shall not be deemed to limit the subject of the articles and sections hereof. EXECUTED at Rancho Cucamonga, California, on the day and year first ahove written. CITY OF RANCHO CUCAMONGA, a (NORTH) municipal corporation YUKON DISPOSAL, a California corporation BY: BY: PHILLIP D. SCHLOSSER, hfayor (Title) ATTEST: BY: (Title) n LJ N M. WASSERMAN, City Clerk _o_ CfI'Y ()F RANC1 IO CLJCAA40l`K~A S~1FF REPORT • December 11, 1980 To: City Council and City Manager From: Bill Holley, Director, Community Services Subject: Historic Preservation Commission recommendation for designations as follows: The following have been recommended by the Historic Preservation Commission far designation as City Historic Landmarks. In each case, a Public Hearing was held with property owner notification policies adhered to by Community Services Staff. Etiwanda Railway Station - This station was used to ship grapes and citrus to market. It was also used as passenger transportation for residents in Etiwanda. [t is a modification of the Alta Loma Rail way Station. First used in 1914. Commission unanimously approved recommendation for designation at their October 14, 1980, meeting. Eti wands Congregational Church - Church constructed in 1902. Besides being a church, it was used as the Etiwanda Justice Court in 1958-60. It has been a place of community meetings. The wood frame building stands on the original site. Commission approval on 12/9/80 The Emery House - This home was built in 1908. The home plans were purchased from Sears Roebuck in Chicago for $1,995. This price included plans and materials for construction. The home is eastern U.S. style of late Victorian architectural period. Commission unanimous approval for recommendation as Landmark on November 13, 1980. For your information, Historic Landmark applications completed by property owners and/or Comm ssion members are attached. BH/nnv ~~ ORDINANCE N0. 128 • AN ORDINANCE OF THE C'TY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDR RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY RND THEREFORE DESIG- NATING EACH AS A CITY HISTORIC LANDh1ARK. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The City Council finds and determines that the following features of the City have met the criteria established by Ordinance 70 for Historic Preservation, and therefore, and with the recommendation of the Historic Preservation Commission, designates these features as Historic Landmarks of the City of Rancho Cucamonga. a. Etiwanda Railway Station, located at 7089 Etiwanda Avenue. b. The Emery House, located at 7403 Archibald Avenue. c. The Etiwanda Congregational Church, located at 7126 Etiwanda Avenue. • SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (16) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this day of 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: • La~iren M. Wasserman, City C erk ~t'v CITY OF RANQ-10 CUCAN10r1GA STAFF REPORT December I1, 1980 To: City Council and City Manager From: Bill Holley, Oi rector, Community Services Subject: Historic Preservation Commission recommendation for designations as follows: The following have been recommended by the Historic Preservation Commission for designation as City Points of Historic Interest. Sc howalter Grove Archeological Excavation Site - in a 1979 archeological excavation supervised by Dr. B. MacAllister of Chaffey College, several layers of bricks ranging from adobe through various stages of curing. Significance of this site has been reported in the book "Dona Merced and Rancho Cucamonga; by Esther Boulton Black; The Daily Report Newspaper and the Highlander. Historic Preservation Commission unanimously , supported recommendation for Point of Interest designation as their December 12/9/meeting. Aggazzotti Winery - This site was central to wine growers of our area. Buildings constructed on the reservoir site of the old Rochester Tract. Commission unanimously supported recommendation as designation as Point of Historic Interest at their November 13, 1980, meeting. George and Jessie Johnston Home - This was the home of George F. Johnston a pioneer of the Etiwanda area, involved in local government. He was instrumental in promoting the table grape crops in Southern California and owned a local raisin packing house and Stemmer. Commission approval was unanimous as December December 9, meeting. For your information, please find attached applications far Point of Historic Interest designation on the above mentioned properties. Public Hearings were held on each property on the abovelisted dates. Notification policies concerning property owners was handled by Community Services Staff. I . ORDINANCE N0. 129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMDNGA, CALIFORNIA, RECOGNIZING THE AGGRZZOTTI WINERY, SCHOWALTER GROVE ARCHEOLOGICAL SITE, RND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATDRES OF THE CITY AND THEREFORE DESIGNATING EACH AS A POINT OF HISTORIC INTEREST. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: The City Council finds and determines that the following features of the City have met the criteria established by Ordinance 70-B for Historic Preservation, and therefore, and with the recommendation of the Historic Preservation Comnission, designates these features as Historic Points of Interest of the City of Rancho Cucamonga. a. Aggazzotti Winery, a family project, located at 11929 Foothill Boulevard, b. Schowalter Grove Archeological Excavation Site, located at 8297 Baker Avenue. • c. The George and Jessie Johnston Home, located at 6998 Etiwanda Avenue. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this day of 1980. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: n Lauren M. Wasserman, City Clerk ~~ si.~,rr iiL~~oizr DATE: December 17, 1980 T0: Members of the City Council and City Manager FROM: Barry K. Hogan, City Planner BY: Michael Va irin, Senior Planner .c`o, r7 ~iFv ~ ~ ~` ~)~ r C 'p H ~ Z c; -> 1977 I SUBJECT: ENVIRONMENTAL ASSESSMENT AfID PLANtIED DEV ELOPI-0ENT fA. 80-02 - LESNEY A change of Zone from R-1-5 si ngle family residential to P.D. (Planned Development) for 10 acres located on the northwest corner of Hermosa Avenue and 6a se Line Avenue - APH 202-182-13 ABSTRACT; The Planning Commission, at its meeting of November 12, 1980, hel dd a dduly advertised public hearing to consider the above-described project. Upon completion of the hearing, the Planning Commission voted 4-G to recommend approval of the change of zone from R-1-B to a Planned Development designation. Several local residents spoke on the project requesting clarification of the development proposal. Upon clarification of the residents' concerns, no direct opposition to the change of zone was made. The Planned Development zone designation is being requested for the de- velopn~ent of a 114 townhouse development. This will be ownership housing developed around common open space areas at approxina tely 10.3 units per acre. The plan is consistent with the Interim and Proposed General Plans and meets all requirements of the Zoning Ordinance. The Planning Commis- sion has approved the Site Plan pending approval of the planned develop- ment designation. Attached for your review and to nsideration is the Planning Commission's Staff Report, Environmental Assessment, and the Planning Commission Resolution. R ECOI4MEWDATION: The Planning Commission has recommended that the City Council approve Planned Development Zone Designation Ilo. RO-02 for the a blo ve-described project through the adoption of the attached Ordinance. Res pectful~y su/pmi~ted, ~~/I i lrril~l c~ ~ :j' ~ ~~ Darcy f:, Hogan City Planner 6 Y.H:MV :jk i, Attachments: Planning Commission Staff Report Planning Commission Resolution Ordinance ~3 ORDI^IANCE 110. 730 AN ORDINANCE DF THE CITY COUNCIL OF THE CITY OF RANCHO CULAMONGA, CALIFORN L4, REZOPII NG ASSESSOR'S PARCEL NUMBER 202-1B2-13 FROi•1 R-I-5 TO P.D. LOCATED ON THE IdOP.THWEST CORNER OF HERMOSA AND BASE LINE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. The.t the Planning Commission of the City of P.a nc ho Cucamonga, fol lOtving a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recomnenda tion. D. That this rezoniny is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant environmental impact as provided in the Negative Declaration filed herein. . SECTION 2: The following desc ri6ed real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. P.-1-5 (Single family residential) to P.D. (Planned Development) Said property is located on the northrrest corner of Hermosa and Base Line, known as Assessor's Parcel No. 202-132-13. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Mta rio, Cal ifm'nia, and circulated in the City of Rancho Cucamonga, California. PASS FD, APPROVED, and ADOPTED this day of 1980, AYES: i7JES: f.L'S E^T: Phillil% D. Schlodcar, iiaYnr Ai'EST: fan rpn-~., :a<cnrm.n. Ti>`T'I~.1- I~`~ CITI' Oh R;\\CI10 C[.'G\\i0.\GA 57.`11' 1' ~u'.IC~iZ7~ • • DATE: December 17, 1980 T0: City Council and City Manager FROM: Darry K. Hogan, City Planner 8Y: Michael Vairin, Senior Planner SUBJECT: ENV IRONPIENTAL ASSESSMENT AND ZONE CHANGE N0. 80-16 - LAt1DYARK - A change of zone from AA-1 limited agricultural to P,-Z multiple family residential) for 12 acres of land located west of 8ery1 south of plignonette - APN 202-032-11 ABSTRACT: The Planning Commission held a duly advertised public hearing to consider a change of zone on the above described project on November 12, 1980. At the conclusion of the public hearing, the Planning Commission voted 4-0 to recommend approval of this zone change to the Li ty Council, Attached is'the Staff Report presented to the Pla nni ng Commission, in addition to the Environ- mental Assessment and the Recommendation of Approval. For informational pur- poses the Staff P.e port in Tentative Tract tlo. 1156A is attached. Several local residents spoke on the matter, generally requesting clarification on the project. tlo opposition was voiced on this project at the time of the Plan- ning Commission public hearing. The project applicant has also submitted a residential project in conjunction with [he zone change which the Planning Commission has reviewed and tentatively approved, pending the final approval of the zone change by the City Council. The proposed project will consist of 92 condominium units. The zone change and proposed project is consistent with both the Interim and the Proposed General Plan. RECG!R'E Ii OATI CtI: The Planning Commission has recor...e nded that the Council aDProve the requested change of zone as described in the Planning Conmission Resolution Nc. 80-59. Re sPectfully submitted, ~~ i iVt}~ -; ~1G~ BARRY K. HCGAN / City Planner L OY,H d4V :cd Atr„c hn•r nts: Planning fonimir ion Staff Report Recommendation of Approval uE' ORD UTAIICE ND. 131 Afl ORDI tIAtICF. OP THE CITY COUNCIL OF THE C]TV OF • RAi1CH0 CUCAFIONGA, CALIPORPII A, RElONING ASSESSOR'S PARCEL N0. 202-032-71 FRGh1 A-1 TO R-2 LOCATED WEST OF 6ERYL ON THE SOUTH SIDE OF htI GNONETTE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, folleering a puhl is hearing held in the tine and manner o re scribed by law, rec nmmends the rezoning of the property hereinafter described, and this Li ty Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said reconnnenda tion. B. That this rezoning is consistent with the General Plan of the City of Rancho Cucamonga. C. This rezoning will have no significant envirmm~ental impact as provided in Che Negative Declaration filed herein. • SECTION_2: The fol lotvi ng described real pr~pert.y is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. A-V (Limited Ag ricul 4ure) to R-2 lPiulti ple Family residential) Said property is located west of Beryl on the south side of Mignonette, known as Assessor's Parcel No. 202-032-71. SECTION 3: The Fla yor shall sign this Ordinance and the City Clerk shall anise the sane to he published vri thin fifteen (15) days after its passage at least once in The Caity Report. a newspaper of general cirtu la ti on published in the City~o ~On to rio, California, and circulated in the City of Banc ho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 19;11, A'f ES: YOES: ABSENT: Phillip p Schlosser, Mayor • A'TES T: Lauren M1I. Wasserman, City Clerk / {J 7 r-rrv nc o n vrun rt re nnn~r_e STAFI' REPORT DATE: January 7, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 31BJFL.T: Vacation of Chestnut Street At its November 5, 1980 meeting, the City Council heard the request of Mr. Victor Cherbak to vacate portions of Chestnut Street from Hermosa Avenue to 1320 feet west. At that meeting, the hearing was continued to January 7, 1980 to allow time to deal with the objections of property owners adjacent to the proposed vacation. • Chestnut Street is an offer of dedication along the extreme northerl•1 boundary of the City between Hermosa and Archibald. The total offer of dedication within the portion proposed for vacation is eighty (80) feet in width, forty (40) feet lies with- in the City and forty (40) feet within the County. The center- line of dedication corresponds to the City Limit line. The original request for vacation was submitted to the County on Jvne 30, 1980 and dealt only with the County portion of the dedication. Due to property owner complaints, the County continued the matter pending approval by the City of the vacation of its portion of the street. (See attached minutes.) If the City approves, the subject vacation, recordation of pertinenet documents in both the City and County would be simultaneous. The portion of Chestnut Street covered by the subject vacation traverses severe mountainous terrain. To construct a street along this alignment would involve mass grading which would, in the opinion of the Engineering Division, be financially and environmentally highly undesirable. Based on these physical constraints, Engineering does not object to vacation proceedings- On t)ie County's vacation action, property owners along the street objected to the vacation for two reasons: 1. That the County dedication should not be allowed until the City agre ed to concurrent vacation. STAFF REPORT Vacation of Chestnut Street January 7, 1981 Page 2 Private access easements underlie the offer of dedications in favor of Mr. Cherbak. In order to insure no road con- struction over the alignment it was the desire of these residents that the easements be quit-claimed prior to vacation. In addition there was the issue of access to Parcel 2 of Parcel Map 3200 which might have been precluded upon vacation of the offer of dedication. Since the heazing on November 5, the Staff has researched the available title and survey data and met with the concerned pro- perty owners in order to resolve the major concerns to allow vacation of the Chestnut offer of dedication. From this research it has been determined that the owners of Parcel 2 have legal claim to an implied easement from their property to Almond Street. In addition, Mr. Cherbak has provided quit claim deeds to the City for road easements underlying the Chestnut Street offer of dedica- tion. With these matters completed, there would appear to be no obstacles to the proposed vacation. RECOMMENDATION it is recommended that the Council adopt the attached resolution ordering the vacation of the offer of dedication for Chestnut Street along the northerly forty (40) feet of Parcel Map 3298, 1823 and 3200 being the westerly 1320 feet from Hermosa Avenue. The vacation being conditioned to be concurrent with vacation of the abutting County dedication and recordation of the quit claim deed for underlying road easements. .~R~es/pectfully submitted, LBH:jaa Attachments • • • ~V RESOLUTION N0. 81-4 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNRRDINO, STATE OF CALIFORNIA, ORDERING TO BE VACATED, A PORTION OF CHESTNUT STREET FROM HERMOSA AVENUE TO 1320 FEET WEST, AS SHOWN ON A h1AP (N0. V-011) ON FILE IN THE OFFICE OF THE CITY CLERK OF 7HE CITY OF RANCHO CUCAMONGA. WHEREAS, by Resolution No. 80-91, passed on October 1> 1980, the Council of the City of Rancho Cucamonga declared its intention to vacate a portion of a City street hereinafter more partfcularly described, and set the hour of 7:00 p.m. on November 5, 1980, in the Lion's Park Community Center Building, located at 9161 Baseline, Rancho Cucamonga, California, as the time and place for hearing all persons objecting to the proposed vacation; and WHEREAS, such public hearing has been held at said time and place, and there were no protests, oral or written, to such vacation; BE IT RESOLVED by the Council of the City of Rancho Cucamonga as follows: SECTION 1: The Council hereby finds all the evidence submitted that a portion of Chestnut Street from the centerline of Hermosa Avenue to 1320 feet west is unnecessary for present or prospective public street purposes, and the City Council hereby makes its order vacating that portion of said City street as shown on Map No. V-011 on file in the office of the Clerk of the City of Rancho Cucamonga. Said property being further described as the northerly forty (40j feet of Parcel Maps 1823, 3200 and 3298. SECTION 2: The subject Vacation shall be subject to the reservations and exceptions, if any, set forth in Exhibit "A", which is attached hereto and by reference made a part hereof. SECTION 3: The Clerk shall cause a certified copy of this resolution Yo be recorded in the office of the Coun [y Recorder of San Bernardino County, California. SECTION 4: The Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in farce. PASSED, APPROVED, and ADOPTED this day of 1980. AYES: NOES: ABSENT: ~~ E X H I B I T A RESOLUTION NO. The vacation of Chestnut Street hereby ordered shall be recorded simultaneous with the vacation of abutting offers of dedication lying within the jurisdiction of the County of San Bernardino but not until underlying private road easements running parallel to Chestnut Street have been quit claimed, • 70 iCC I4 F'aF 1 F. nn. 15]0 S. C,E. <C ._ EASE f•CNT MAP IaE-JE'e6 FqR, 2, ' I 6a5<.v.~i~r~or Iced an~ KJR~h =JL'N AFY PFB2 I PA F.3 ICI PAF._ -.S°. n: F., I Fin n C' I Q3 I _ 1 i~AR.I + F'n F>S.IS PAF.1 i F.;:,.IJ??~ • 9E? ._ ,~ VF~E~. OF DEO~~ATIUti i ''©~ - InIVICn EJ CLi:~~Y"1 Ini ~~~.,L41 = -InJDICI.'ES CITY TO ';~CATE ~OhTH C['hl' (11' ENGINEERING DIVISION n•nr. IiXlIII41T~ A SG\LC ~~ ' S• ..~ I ~' 1/~l li va ~~IP911 ' z5 July 1980 Mr. Lloyd Hubbs City Engineer Rancho Cu caaonga, California 91701 ~~, Dear Mr. Nubos: The San Bernardino Board of Supervisors on 7 July approved the abandonment of Chestnut Street east of Ramona Ave. Mr. Shone, Director of 'transportation, has Sndice tad that he has prepared the paperwork necessary to abandon the County's side of Chestnut •, Street. The Hoard of Supervisors were advfsed that Rancho Cucamonga had no ob~ectlon to abandoning that portion of Chestnut Stteet lying to the east oC Ramona Ave wl thin Rancho Cu enroonga boundaries. Ir, order for Mr. Shone to complete the paperwork for Chestnut Street abandonment would you please send a "letter of Sntertt" to MT. Shone Indicating that Rancho Cucamonga will abandon Chestnut Street as Indicated above when proper application Ls made. HSS address Ss: John R. Shone • Dl rector of Trsnscortatlon ' Fublle 'dorks Agency 825 East Third Street • San Bernardino, Cellfornls 92415 Z would appreciate a copy of your letter to Mr. Shone. Thank you, ~~ ~7 1 r, r• ,~ ; ~ • ,, cur:~:u•,.rl r~,~ r,: , .~ rari. tr.~ ru •, g151`JIhIIII''llr-I_~i I~:,I~` • .... ., ~~ 'L'o, Lloyd B. Hubbs, C1 ty CA a~!neer, Iloncho Cucamonga, Ca. SubJect, Chestnut Street Abandonment fteferencer Item yb), San Hernnrdlno Board of Supervisors agenda 7 July 1990 (cont rroin 6/)0) Your letter, signed by Jahn L. Ftertln, to Cherbak, same sLLb~eCt, dated 70 July 1980 It Ss requested that Rancho LL Camanga vacate that portion of Chestnut Street eztending from iiamone Ave to Hermosa Ave and ' lying Sn Rancho Cucamonga. This request per agreement of Rancho Cucamonga and the County of San Bernardino. Attached is check for $100.00 processing Ce e. i Attached are copies of deeds of affected owners of record. The only easements crocsing various properties south of Chestnut Street are those easements alma Almond Street, Ramona Ave, and Pepper Lane end x111 not be abandoned. '1'h ese private ease- ments provide access Crom Hermosa Ave and run with the land. If you have any further ques tl ons please advise, • VSctor A. Cherhak Jr. 9920 CS nch RLig Lan~• Alta Lcma. CaSIf. 91701 714 999 5y11 cc John R. Shone • ._ ~~ ' "' L J i SPACE ABOVE TRIS LINE FOR RECORDER'S USE- Individual Quitclaim Deed ~~,~,~~, ~~, TN,SIOnN IVnN,4wEO SV T,COP T,iL[,N4VN[nS __._ Th< undersigned Rrantorls) decl ard_ s1: Documentary transfer las is ( ) computed m full value n( prcperh' cunveced, or ( )computed on full value less value of liens and encmnLrauces remain inR at time n( sale. ( )Unincorporated area: ( )City of ,and F011 r1 VALUADLE CO\9Of,R il'IOS. receiyt of Lhich is hereby ack nnwledgcd, Victor A. Cherbak Jr., end Regina B. Cherbak, husband and xife, hereby flElIISE(S), flE1,E.45F.(S) AVD FUflE~'F,R QUI'PCI,AI\11$) to The CS ty of Rancho Cucamonga the followlnR described real propcrt>~ in the County of SAId .B ERNARDINO Stale of Colifornia: The north 30' of parcels 2.3r and 4 of Parcel Map 329A as pertains to road easement only. Parcel Map 3298 is recorded 1n Book 30, page BO of Parcel Maps Sn the Recorders Office, San Bernardino County, ~ i `, \'~\ Dated ~5 !~' STATE OF CALIFORNIA lR` COI~NTY OF <~n BglnaZdipo 1)r On Decenber ]O. 19f}]_ hefore m•, d.• mdrr >icord. E Nourr Pnhlu .n and far whl °uia rrnnmlly aPP^arrd __ VAC [or~1. Chcrbalc_dr- rt~1?eJ:ina_IS~SIteLbak . kn~.n rn nm In Lr Ihr VrrwnS_elwar n.mrilll'C_ anb.niliril m Jar xiihin in. mem EnJ Ec4na.LdErd thal~S~~aecnlyd Ihr vmr. R'ITN ESR mI hmJ .nd ~R,uJ aral. SiRnnurE .Y~.µ...~-:._. -\ ;nr nE,V rrs 1' .,~ usTa~r r~; .+uc . cancopmiA ~ r; Ir~~i.n,~r n rcirrtr ~ .~~ , r r..,: cw • . last Zoe De Noss .a. ,... L, ^A.,a .am,i ,..n :f ^ ~ %~ -~ oi; r ~.r~er a~5 1 i ~' -~iea na (, ter a _ _ MAII TAX STATEMEN(5 AR nIRECTED ~BpVE 9 REQUE6T FDR APPEARANCH DEFORE COVtl:CY:~rJ r'^t~~Qf'r ;: BOARD OF 6V PERVI6ORS •, li' ~~.i11 w~.~~ ~~~ C;,;.~~..bt;{TY UEVElOPhIEIiT C F ~. Ct:~ 30 19~ TO BOARD OF 6VPERVISORS ' ~' pM • ~t8j9t~plut)2t11213t~t., ~ Attention: Clerk. Hosrd of 6uDervlsan ~ It le resDect(ully r<gueated thst time be dloceted on your Houd A¢enda far the week a( Jul v 7. 198~_(or conslderetlon of the following: (State specl(Icslly matter to be coneldered end ACTION regulred by Hoard. Use eddttlpnsl pnper I( Deceneary.) f'or BaW Oelr Numker ~„~-h RecelrN ; De4 eet Time set: [em p13 I. Authorize increase in contingency fund for the southwest Fontana area project and take related action. - MOLD Item p14 2. Adopt resolution authorizing Che City of Barstow [o claim $104,385f of the County's 1980-81 apportionment of Local Transportation Funds (SB 325) as partial payment of the County's share of Transit services in mountain and desert areas of the Coun [y.- BOARD APPROVED Item k15 3• Adopt resolution vacating portions of Oak Glen Road (uncon st rutted) easterly of Eighth Street, Yucaipa area, by relocation. (Since [his • is an aban don men[ because of relocation, no hearing will be necessary.) - BOARD APPROVED Item ,Y16 4. Approve Amendment No. I [o Agreement Ilo. 80-46, George W. RobinSen E Mary B. Robinson, DBA Robinson E Son Aviation, to add additional fuel flowage fees. - BOARD APPROVED Item for discussion at 900 a.m. i Item ,Y83 5, Conduct continued hearing on ahandonment of a portion of Chestnut Street, north of Rancho Cucamonga. (Cont. from 6/30) - CONTINUED UNTIL ACTION TAY,EN BY CITY DF RANCHO CULAMOt1GA Items of Interest from Fair Statement of June 30, 1980 Accept as complete Agreement 80-172 w/Merlin Johnson Const., for Chino Ai rpor[ water main cons(.; au [h. filing Notice of Completion. Oc<lare property surp lu5 G ad op[ resolution ordering sale of Transp. DeD [. RoaA Materials Site, Lrestline. Declare property surplus and es[ab. sale date for Transp. Oep[. property on pcl Rosa Drive, San Bernardino. Schedule Monday, 7/28/80 at 9 a.m. for public hearing to consider adoption of resolution authuri zing condemnation action for Transp. Dept. project Avenue F., Enoch to Nebraska St. •~aip~~TRANSPORTATIDN DEPARTMENT A nmM ~ /,, s2` nw 7/7/80 ryrsgnnel »- xApp:ove various new class if lcac ions, reclassi Eications and technical title changes as re [Dace nded, ,~ 54. x;,pprave amendment to Agreement BO-395 with State Eaploymenc • Dave lopmenc Departvent increasin3 allowable rei¢hursahle ' expendi[ures refaced to imp leaen[acion of Link Through ~•~ Assessment Proj ec c. .. GO-Adainisc: scion -a^' S5, xAOprove Amendvenc 2 ca Agr<eaenc 79-707 with 8o11y Pense ' for aecrecar ial services, co reflect reimbu:semenc Eor double coapenaacion made during Oe cober, 1979 by both CSAC and County. 56. Approve routine budge[ crana£eta and [ravel reques ca as rece~ended. ITEN.E FOA DLS CL:Sg?ON 9:00 A. N. ~~ ER'/150 FS ' 57. Resolutions, aeknowLedgaenes and reports of Supervisors. SB. Appoinimen cs to Cavmiss ions/COVmiccees/Hoards for unscheduled vacancies which have heen posted pursuant to Maddy Ace. 59. DEP'~RREO ITEMS. -60. xpA_DA Conscruc clan Company, Inc. re scree[ impcoveaencs in Fontana ergs. , GE:(ERAL SE RV?CES AGENCY Canrru .:urvu^s 61. Suggestion awards pzesencacion. COL:Ff'! ADMIN ISTAATIVE OFFICE • Au- case a: P!acagevenc ae rat ces 62. Swisec Review of Committees and Co®iss ions. (COne'd. From 6/J0, Item 72) E`N lR0;,;4;,TAL PVHL IC WG R1(S AGEIiCY ~d-.ransocrta eon r/6 j' Conduct continued hearin on ro Deed abandonment of ~ g p p pore Lan of Lhes tout Sczeec, Rancho Cueamo nga area. (Coned. From b/J0, Item H2) tREAEVRER-TAX COLLECTOR 64. *Propased ordinance relating co Snerease in fees. ENV?RO;I`!E;ITAL PVBLIC BO RRS AGENCY - •A-, cants :rartort 65. Report on FHA Cee clficacion by County for Valley area. COL';IT'! ADM I:Ii ST RATIVE OFFICE a0-. er :o noel 66, xEscablishmenc eE Vocationally Impaired Employment Pre gram. EYV IRO:C^'2I T.\L PDHLIC ~ORI(S AGENCY `c'-.U-o oxctat cs crtccs evaec~.en r. 67, xCOnducc hearing co consider quaLif Scacicrt eE SBPEA as recogniz ad amp Wyee organize non Ear employees assigned ca Crxscline Sanlcacien D is cr Lcc. EP'dd-Desert A1: Polluc ian fan cral Oiscr tee fib. xCOnducc cancinucd hearing ce consider changes ce Rules 461 and 462 • and adoption of Re gu Lac ian XII L. (Can[inued Erom b/2], Icema 76/77) 5 7~ REQUEST FOR APPEARANCE BEFORE COUNTY BOARD OF SUPERVISORS Nwnher DATE: June 23, 1980 ftecelred: BOARD OF SUPERVISORS Dste tel ; Atte ntlon: Clerk. Board of SuDervlaors Time ul; It la respectfully rcpuented Chet time be all oe tied on your Boatd Agendn tot the week a( June 30, 1980 (ot con sidetntlon N the (ollawing: (Slate eDe cillc nl ly matter to he canaldBred end ACTION repulrcd by Bovd. Use sddllloval paper if necrosuy.) Conf4wea: Fw Boerd Oab Item pl8 I. Approve agreement with Caltrans for a Park and Ride lot at the southwest co rn er of Cedar Avenue and Valley Boulevard, Fontana area, on County- owned land. _ BOARD APPROVED Item pl9 2. Order execution of an Easement prepared by the City of San Bernardino for 8.75 feet of additional right-of-way on Mill Street, west of Tippecanoe Avenue, San Bernardino area. - BOARD APPROVED ' ~em q20 3• Award contract to low bidder, Inland Power Sweeping, for street sweeping service in Yard Districts I, 2, 3, 5 and 6. - BOARD APPROVED Item p21 4. Approve the expenditure of $54,464.81 to relocate and upgrade the aviation refueling facility at Twentynine Palms Airport. _ PULLED FROM AGENDA Item p22 4. Review Pages 21 - 23 of the Traffic Committee recommendation of meeting of May 13, 1980. (Continued from 6/23) - BOARD APPROVED Item for discussion at 9:00 a.m. r/ Item p82 5• Conduct hearing on [he abandonment of a portion of Chestnut Street, north of Rancho Cucamonga, (Hearing da [e scheduled 6/9) -CONTINUED ONE UEEK Items of Interest from Fair Statement of June 23, 1980: Refer to Auditor distribution for deposit in Local Trsp fund in amt of $1,083,712.26 and I~ Local Tax Distribution in am[ of $880,737.62. Approve agreement with State Dept. Transp for lease of portion of main- tenance facility a[ Mt. Pass. Appoint Daniel D, Mikesell [o [he County Airports Commission [o replace Glen Do ruing. 7 7TP."45POpTATfON ^F.7ARTMEliT z a Fair Statement, June ]0, 1980, Page 4 1AME5 L. HAYFIELD, Chairman Andrea Dia harcon Board of Supervisors Clerk of the 3oazd County of San Becnacdino. by: Ma n anne uilllams Ace ing Clerk ei the Board J/COncinue co 7/7180 ac 9 a.m. hearing re proposed abandomnenc of pcn. of Chea coot S c., Rancho ucsr_onL~ ga-1'r ansp. Dept. pro}ec c. Accept Memo [ands of llnderacanding for Chlna Firemen's Assn. and International Assn. of Firefighters, Local 1274. Approve Co. Cledieal Ccr. Recruitment Plan and Appropriations and Funding proposal. Deny Redlands Unified School Disc. Declaration of Lmpac[ion fot the Mencone area. Refer back co Employee Relations Panel request by E1 ig, Norkers Jnic co aceapc AFSC as unit reprea en cache and accept decision of Panel as final. Approve out-oE-state travel request for A. Rex Victo[, Aast. -A. Auch. Spec. Discs. co proceed with Schems B Altamacive For Yucca Valley Settior Center. inh[eeidencial area YuccaeValleyionary Hapclsc Church re sits approval for church Approve request by F. H. Kyle. M.D, for extenaSon to Hey 22, 1006 non-eonfoxaing use on .19 acres, Running Springs. Continue to 7/7/tl0 ac 2 o.m. petition flied by Foruc Cicy DLllion for change of zone co ft-7 :or pro perry on south aide 0aaeline Sc, near Sterling Ave„ E. San Bernadine; close co ces clmony; direct Planning b Clark co give short report on legal requirements of adveztia ing. Approve change of zone from R-1-2} to Dt2} ac request of Amcord, In<., for property located on vest side Rivera lde Ave, near Agua Manse Rd., So. Colton area: Adops ordinance 2451 Eor zone changes approved pu'tsuanc co hearings: Ameord, Inc. and Hoard of Supe rviaora initiated zone change, Landers. APpc. Jane Hull co San Bdna. Co. Subarea Adv. Council eF inLand Counciea Health Sys cams Agency; Harlin Ce rvancea to Nealch Adv. Council for Comprehensive Xealth Services Program; Ed Barna[h to Inland Counciea Hea lch Sys Gems dgency, Approve agree. v/A. G. Rebercaon co perform duties b reapons ib illcies of Di: eecor, Co. Xed. Ctr., of E, 7/1/80, Eor period of 6 moo. dpprove agree. v/Hyact Med. Hgme. Servo., Int. foi management of Co. Mad. Ccr. Fiscal Servs. Div., e£F. 7/7/80 co 11/7/80. Introduction by General Services Agency Adminls crator Howard LSCClefieid eE Ronald d. Gorden,: new Direr cor of We ighca and Heasures De oar cmen t. AdJcurn in meoory of Mina Cramer, mother of Dia t. Ae torney James Cramer and Mildred Fo lsam, m¢e~b ex of the Muaeoy Munleipal Adviaa ry Council. AdJ oust w El~ia' in Sacramento for meecing vLth Leg is lacers Tuesday evening, July 1, 1990. ATTEST: • City Council Minutes November 5, 1980 . Page 6 There being no further response, the public hearing was closed. Councilman Nikels indicated [hat he had suggestions for some changes in the Ordinance and made a motion to continue first reading until November 19Eh. Seconded by Councilman Palombo. Sam Crowe, City Attorney, advised that Council had already legally had first reading and there Eore iC could no[ be continued. However, he stated that if substantial changes were made at Che second reading, another first reading would be required. Councilman Mikels stated [hat he would give some input regarding changes [o staff prior [o the next meeting. l:ayor Schlosser sec second reading far November 19, 1980. 4D VACATION OF CHESTNUT STREET. Mr. Hubbs, Ci[y Engineer, stated that on July 25, 1980 Victor Cherhak presented a request to Che City that we consider [he vacation of Chestnut from Hermosa Avenue to 1350 feet west. This was following a similar request to the County for alike vacation of the other half of the street which lies in Che County area. . Mr. Hubbs stated that property owners along the street objected to the vacation for two reasons: 1. Private access easements underlie [he offer of dedications in favor of Mr. Cherbak. In order Co insure na road construction over the alignment, it was the desire of these residents that Che easements be quit-claimed prior to vacation. 2. Parcel 2 of Parcel Map 3200 is a land locked parcel with no access to a public or private easement except over the Chestnut offer of dedication. Mr. Hu66s recommended that [he vacation of Chestnut street be continued, so these objections can be worked out, until January 7, 1981. Mayor Schlosser opened [he meeting Eor public hearing. Jim ?leyers, resident nn parcel 2, recommended [hat [he Vacation be continued un [il January 7, 1981 and discussed some of his objections. Hob ldhi[e re la Ged hLs obj ec[ions to [he abandonment of the road and also Co the proposed dove ].opment of cluster housing on thl: County portion. F.d Che rback discussed the action taken 6y the County and replied to same of the objections raised by the other residents. Motion: ?toyed by Palombo and seconded by Bridge to continue until January 7, 1981, lrt accordance with ~s toff recommendation. Motion Carried 5-0. Ac this point (8:20 p.m.), Mayur Schlosser called a~b]rief recess. Mayor Schlosser called [he meeting back to i.der at 8: ~0 p.m. with all members of Council present. • DATE: January 7, 1981 crrY~ or• ann'c'1 ~o c~'camlonc~\ STAFF REPORT TO: City Council ~n FROM: Building Official //J((/Jy-(/~ SUBJECT: Building Regulatio~g Ordinance S~ ~\,Cn,H~~C' ~~ '~,~ ~N - o ~~ z C: 1777 INTRODUCTION: At the December 3, 1980 City Council meeting a number of questions were asked about control of roof coverings as proposed in the ordinance updating City building regulations. The item was continued [o this meeting [o allow staff research and response. TEST ING'OF ROOF COVERINGS: Test procedures have been developed by Underwriter's Laboratories (UL) for qualification of roofing into three fire-retardant classes, Class "A", "B", and "C". Although the materials, of which roof coverings are made have an effect on their ability [o achieve fire-retardant ratings, UL does not classify materials based on their material make-up, but soley upon the capability to successfully pass in-place fire-re[ardancy tests. UL tests do not assure non-combustibility, nor do they prevent or guarantee use of specific types of roof coverings. They simply determine the limits of a~ ma[eri.al for fire spread UL Class A listed materials include built-up roofing (rock or roll-roofing) and composition, cement-ashes [os and aluminum shingles. Class B listings are similar but, in add i[ion, include molded plastic and treated wood shingles and treated wood shakes. Class C listings include essentially the same materials as B lis sings however variations in installation have relegated them to the lesser classification. UL does not list any clay or concrete [ile roofing material. BU ILOINC CODE REQUIREMENTS: The Uniform Building Code (UBC) specifies fire- recardancy of roof coverings dependent, generally, upon building use and size. The UBC categorizes roofing material as either "Fire-retardant" or "Ordinary". In general, buildings used for ocher then limited residential uses must have , "Fire-retardant" roofs; residential buildings may use "Ordinary" roofs. (There are llm ita [ions on use of "Ordinary" roofing and exceptions to requirements for "Fire-retardant" coverings.) The "FLre-retardant" designation includes Class "A", "B", and certain Class "C" UL-listed coverings, clay or concrete tile, slate, metal and cement-asbestos sh Lngles or sheets and certain built-up roofs. Other materials are considered "Ordinary". CONCERNS: ACter reviewing testimony and discussion of the meeting, the major concern of Che City Council appears [o he [I~e capability of roofing material to this concern to withstand burning embers deposited upon it and its' resistance to die ince7;ra[ion during combustion, resulting in transport to new fuel sources. In an effort to reach a solution to resolve the above concern without being _2_ unreasonably restrictive, we contacted two sources with broad experience in fire Cesxing and prevention, Los Angeles County Fire Prevention Bureau and Underwriters Laboratories. Both expressed the opinion that brush concentrations as occur in Rancho Cucamonga, and the potential £or wind-carried burning brands are coo sC neatly reproduced by [he UL Class "C" tests. Because of their input, we have • revised our views. We are now of the opinion Chat spread of flame caused from roof coverings can be adequately controlled 6y using Class "C" UL roofing in chose areas determined to be hazardous. RESEARCH RESULTS - FIRE TESTING; Following are responses to questions and clarif icaClon of issues regarding fire testing raised at the -ecember 3rd meeting. gUEST ION: Haw does UL Test roofing materials? RESPONSE: Underwriters Laboratory qualification tests are designed to determine resistance of roofing to surface spread of fire. They are not indended to determine resistance to an interior source of flame. 'Pests include Spread-of-flame, Intermi C[en [-Flame, and Bucning-Brand tests; the firse two including controlled wind velocities during testing. Treated wood shingles or shakes, in addition to the above tests, are also subjected [o Weathering, Rain, and Flying-brand tests and are are retested after 1, 2, 3, 5, and 10 year periods. Other Chan woad shingles attd shakes, roofing materials are not retested. Tests for UL classification differ principally in the temperatures of applied flame and size and number of burning brands imposed on the test panels. Glass "A" is most resistant to the Flame spread and Fire penetration and Class "C" leas[. For [he Burning-brand test of Class "A" materials, two wood brands 12" x 12" x 21C" are applied singly; for "B" roofs, four 6" xfi" x2'~" brands are used in pairs; and for Glass "C", twenty-five 111" x 1!s' x 25/37" brands are applied at intervals. In the Intermittent-flame and Spread-of-flame tests temperature of the flame • utilized are controlled at 1400` F, Far Class "A" and "H" and 1300' F. for Class "C". Wind velocity is maintained at 12 mph during these tests. The Flying-brand Gest (far wood shingles and shakes) utilizes the same flame temperatures but wind velocity is increased [0 18 mph. gUEST ION 2~ Must Class "A" UL roofing be installed over incombustible roof deck? RESPUNSE: Slightly more than one-half of listed Class "A" roofs require installation on incombustible decking. Those approved for installation on combustible decks usually require plywood with 5/8" minimum thickness, rather than a lesser thickness limited by structural characteristics. (~UF.ST ION 0: What is the cos[ of conducting UL roofi~tests? RESPONSE: A representative of UL advises that their tests for most roofing materials approximate $3,000 to a"5,000. Wood shingle and shake testing costs $8,000 to $11,000 because of additional tests required. Costs stated do not include roofing materials or delivery [o Che test site n,or proponents [ravel or clerical costs iu connection with the applicat ien. QUEST IUN 4:_Co what geographical extent should fire-resistive roofing be required Sn Rancho Cucamonga? RESPONSt: The "RS gh Hazard Area", as proposed, Ss a sizeable expansion of our current Fire Zone 2 and, as such, represents a significant increase in regula[1• ~I -3- These limits are consistent with boundary recommendations of the Foothill Fire Districts made in 1978 and verified at time of ordinance preparation. In contrast with current Fire District cotmnuni~.ation, "combustible (treated) fire- re[ardant roofing" was recommended for inclusion in [he hazardous area. The limits likewise agree with Fire District input Eor the General Plan document, delineated because of its proximity to high risk areas that are either "mountainous, forested, or brush or grass-covered with slopes over g7., or with a continuous flaoonable vegetative cover". Input further indicates that "The use of wood shake and/or shingle roof covering within one mile of the fire hazard area should be discouraged because of the possibility of multiple roof fires from embers blown by winds, especially during Santa Ana conditions." In addition to following recoasnendat ions of [he Fire District, roofing requirements of the UBC were further mod lfled,reducing the use of "Ordinary" roofing and deleting the "Special Purpose Aoof". (See next question.) It is the opinion of this Div is io:; chat the "High Hazard Area" be retained as proposed. OUEST ION 5: Should the City develop different, innovative concepts in protection of roofing? RESPON9E: Pioneering new fields in fire-resistivity could be dangerous, unless every facet of hazard is addressed. Because there is high possibility of omission of oversight in using independent judgement, it is staff opinion that we should not depart from conventional, proven installation methods and materials. Reference was made, during testimony, to sprinkler systems on roots and of • exploring alternate systems of construction. The suggestion regarding sprinkler systems was discussed with the firm Marsh and McClellan, fire protection consultants and systems designers. They advise that effective coverage cannot be attained under high wind conditions and that a significant reduction in available water could occur, negating eE Eective fire control in other areas. The system of roofing used in Huntington Beach is one designated in [he UBC as a "Special Purpose Roof". This system uses untreated shingles or shakes and therefore was eliminated in the proposal. I[ is staff viewpoint [ha[ the code as published, permitting such roofs up to 6000 sq. ft. in area on certain commercial and assembly occupancies, would create unmanageable Eire areas, hence [he deletion. RESPONSE - PH It.OSOPHY OF RF.GULAT ING RE-ROOFING: In addition to questions regarding fire-resistance of roofing, other comments a[ [he meeting relating to reroofing warrant response: UQ F;ST IOC' 6: How would the prope~ed ordinance affect already existing construction? RESPONSE: As proposed, re-roofing existing buildings Sn the high hazard area would, generally, require replacement with fire-resistant materials, the same as new construction• Similarly, wood roofs outside the hazardous area would requite fire-resistive roofing iE Less than 10 feet from property line, or over 3000 sq. ft. in area. Minor repairs could be made without total compliance, however, major replacement or repairs would he subject [o fire-tecardant requirements. For instance, an untreated wood shingle roof Sn the high hazard area could be repaired with untreated shingles provld ed [he repair was minor enough so as not [o have ~~ -4- an adverse effect on [he overall fire-resistance of the roof. If the area of repair was extensive enough so as to accomplish a significant degree of fire- resistance then repair materials would have to be fire-resistive. QUESTION 7: Should [he City regular re- ofing a d if s whys RESPONSE: Considering [he major concern of the City Council, the mosc obvious reason for regulating roofing (or re-roofing) is to establish and maintain fire resistance of roof covering. Repeated re-roofing, without removing old material also adds to the fuel-loading of the building in the even[ of fire. Roofing provides shelter for the occupants and protection of [he structure from deter ieracion. Regulation of roofing establishes a degree of consumer protection through standards for material and workmanship. Repeated re-roofing without removal creates additional dead load. Installation of roofing, heavier than considered in [he design, can cause failure. For instance, installation of clay or concrete tiles, ort trusses designed for composition roofing, could triple [he dead load and exceed safety factors utilized in design of truss connectors or members. SUI7.NARY. Fire-resistive or face-retardant roofing would serve two purposes. It would provide a measure of assurance to home-owners [hat their roof surfaces would not burn as readily as other roofs might, and it would make fire control during adverse conditions easier for fire fighters. Fire-resistive roofs would increase the cost of construction [o a varying degree, dependent upon selected material. It Would not reduce the cos[ of fire insurance, • since rates do not change as a result of roofing change. In a sense, those installing fire-resistive roofs would be paying for the protection of neighbors properties with non-resistive roofs. RECD: CtEYOATION: Based upon [he Fire District recommendations for hazardous area <Ielineat ion and further modifications proposed for outside Cha[ area, i[ is the Building and Safety Division opinion that the High Hazard Area should follow [he boundaries as proposed in the ordinance. However, based upon our investigation St is our further reconmendation that Class "C" roofs be established as minimum for construction in the High Hazard Area. AL'fERNAT IVES: Any number of alternatives [o the proposed High Hazard Area are available should the City Council choose [o depart from staff recommendations. One suggested by previous discuss ions involves expand log the High Hazard Area. This could be done by moving the boundaries further south, utilizing 19th Street as the City of Upland has done Eor their hazardous area or to Baseline using the 1969 fire [ravel as reason For demarcation. Another alternative would he the extension of fire resistive roofing [hrough[out [he city. If the Council decides in favor of this alternative 1[ is suggested that ._r rather than establishing a specific Higti Hazard Area, that the entire group of Yom" safeguards for the hazardous area be applied citywide, since roofing constitutes such a large portion of the total. Attempt to apply minor provisions would only create mnfus ion and inspection difficulty with insignificant eronomy. • ~3 Exearp~ frets; UNDEfZWRITEY25 L R6o2 ATo R (ES (3u1t.DING NlA?£RIALS ~ A IR6CTo2~{ ROOF COVERING MATERIALS (TE1(~T) xoor [ "e t snnl~.° .na n aIM..ne . M r... m< pw .aien ~i :.'..r aRF. (m <na rrc v°.,! [ nn.•r u... m.IM m. artmr ..n<n ~ ~~w n..~•i~; m:<...lu n~:.<°re nm., m< m•. "`r ;n. ,or°e . r•~m ~:r a<w mei: ow m. °<.•. •.man[. ~~d.r imrr:al n.• < arv w.•i nrvx c°~.`;:~.:~,,.,: I h:M!I i. ~ Inu CWulrycA IlvaJi]a M.n•.u4 ni.e(:u°O°uM p [aYJ nAnal fia al[a Lia Rally ial. Fu. Mn w!r nl....rm m .<[n.na"[< .nn .na raw.rm.ni..r m ioema«I a:.~.n.a Ce° .nd Slanaanb. 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YCTIOn SNOWING IM1OgtRNt SP.LCE flFUlION3 n m O P Oq$EUPPLYIinE ~ O ~f FlNS iO gF WCE tUPBULEHCE ) • ~•~ ~~I~ ~~~ aN05iRaIGniENRIPS ~ _ ~ igFAM ~ ~ LOGfIOHGF _ il~~` 91RNfROf E'IIPE-U•EUNG bIOi - VFIO_uEtEggEROm4 ± ~~ M1$~Of tOW.LgO SPfCWEN: WIOf, iI N'LONG Fl' ~ ~ -- ~ _ ~- ~ TIERMOCOUPL[' ml) )•d• > S r 7 _f t i ~ `r ~_. tDGFi UNIfOgM G.1E PgE55UflE at ~ ' ~~ ~- iMf BVRHER WEl3 %PEOi0B0iN EH09 b if5t -0' 1 _ SPfCIUErv ~ I I - 1 iOW55UPPLY R5N CONVERSION FACTORS: ' i Incn = 12.7 mm Lnch= 25,1 mm Free oullei to be provitletl l0 E l b leve art pressure crealatl Oy EloweE Doors antl wlne4w31n Ine room Inal houses the apparatus l0 OR A l M ep closetl al all mes oonnp tests ID prnvenl lurnulence wn ch woul0 olherwlse tlg1oR Ilame and prevent atl eDUale control Inefe0l ~ I v V Y SO NtltlB ..O..ONtl..B.. ,: b., C1SC'ON 3tl001! 0 a a z a r ci m N n H ri 6 rv' ~ O a Z Q W h N w U " LL 2 I h M1 r B19N'~~ FOOTHILL FIRE DISTRICT "^e •"E"•"*'°" (v ul aeaxeae auneeu SereinR the Commnnitin aJ :~hn Lonrn ~ Curnmongr.. Etiwando 1>~~1 on.nse P. O. Boz OS - 6627 Amethyst 5!ree! AI!v Loma, California 91701 December 19, 1978 TO: JERRY R. GRANT, BUILDING OFFICIAL CITY OF RANCHO CUCAtIONGA FROM: BENJAMIN L. f1ACKALL, BATTALION CHIEF/FIRF, P1ARSHAL FOO?'HILL FIRE DISTRZCT SUBJECT: RECODtb1ENDED HAZARDOUS FIRP. AREA - LEGAL DESCRIPTION We recommend that the Fire 'Lone No. 2 requirements of San Bernardino County Ordinance No. 2159 be adopted in its entirety (1476 Edition of the uniform Building Code), with the exception that Hermits the use of combustible (treated) fire retardant roof covering. We would further recommend that all lands bounded on the north, west and east by the present city limits of Rancho Cucamonga, and on the south 6y the following described boundary: Beginning at the intersection of the northern boundary of the Rancho Cucamonga Grant and the center line of Cucamonga Creek; Thence easterly along the Rancho Cucamonga Grant boundary to • intercept the center line of Almond Street; Thence easterly along Almond Street and the easterly prolonga- tion thereof to the center line of. Beryl Avenue; Thence southerly along Che center line of Beryl Avenue to the center line of Iiillside Road; Thence easterly along the center line of ^illside Road to the center line of ttaren Avenue; Thence southerly alone the center ].i ne of. Haven \venue to the center line of D;iLson Avenue; Thence easterly alonrl the center line of Wilson Avenue to the southwest corner of the southeast quarter, ..^+e ction 24, Town- ship 1 north., Rance 7 t:es t; Thence southerly along the west hcundary Line of the east one- hnlf of Section 2i, Township 1 north, Range 7 avast to the center lion of I!iahland At'r`nUA; ^~ Jerry Grant December 19, 19iB Page Two Thence easterly along the center line o` Highland Avenue to its intersection with the center line of Interstate 15 ;. Thence northeasterly alone the center line of Interstate 15 to the easterly bounda r}• of the cit}• of Rancho Cucamonga. Should }•ou have any questions, please don't hesitate to contact the undersigned. , Respectfully yours, ROBERT A. LEE, FIRE CHIEF ~'~, By °~•, ,~ . ~YZ,-c,~P~. Benjamin L. tda ckall Battalion Chief/Fire Marshal BLM:va • I. ~-+ FOOTHILL FIRE PROTECTION DISTRICT P. O. Box 35 6623 Amethyst Street • Rancho Cucamonga, CA. 9170] (7l4) 787-3535 December 17, 1980 City Council City of Rancho Cucamonga P. O. Box 607 Rancho Cucamonga, CA 91730 Gentlemen: The City Council recently received copies of a letter to City Manager Lauren Wasserman from Fire Marshal Kenneth C. Walker, of this District, in which Battalion Chief Walker recommended citywide prohibition of the use of untreated wood shingles. By unanimous vote o£ its members, the Board of Directors of the Foothill Fire Protection District, at its meeting of December 9, 1980, expressed its support of the Fire Marshal's recommendation to ban the use of wood shingles in roofing construc- tion throughout the community. Yours truly, ~Q~~ ~t.~tOr.. ~ ~."'7c.rnc~.+~ William J. Alexander, President Board of Directors WJA:va `J ORDINANCE N0. 122 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ARATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM RUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MPRING CERTAIN C}IANGES THEREN KECESSARY TO MEET LOCAL CONDITIONS. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION I: Chapters 1, 5, 6, and 8 of Division 3, Title 6 of [he San Bernardino County Code adopted by Ordinance 17 are hereby repealed. SECTION 2: For the purpose of providing minimum standards to safeguard life, limb, property and public welfare by regulating the desing, cons true Lion, quality of materials, use and occupancy, location and maintenance of bu Sldln~s, structures, those certain codes known as [he "Urd form Building Code", [he "Uniform Housing Code", the "Uniform Code for Abatement of • Dangerous Buildings", [he "Uniform Sign Code", the "Uniform Building Security Code", and the "Uniform Building Code Standards", 1979 editions, prepared and published by the International Conference of Building Officials, inr.lud ing all their indices and appendices, and exenpt said portions Chereef as are hereafter deleted, modified or amended by this Ordinance, three (3) copies of each of which said codes are on file in the Office of [he City Clerk for public record and inspection, are hereby adopted by reference and made a part of this Ordinance in full, subject, however, to [he amendments, additions and deletions set forth in this Ordinance. In the event of any conflict or ambiguity between this Ordinance and said codes set Eor[h above or any other Ordinance lawfully adapted by [he City of Rancho Cucamonga, these amendmen [s and additions shall control. SECTION 3: lShenever any of the following names or terms are used in said codes, such name or term shall be deemed and construed [n have the meaning ascribed [o i[ in [his Section as follows: A. Building Off is tai shall mean the Building Offic lal of the City of Ran rho Cucamonga ar his designated re presen Ca rive. R. Health Officer shall mean the Direc tar of F,nv ironmen tai Heal ch Services of San Rernardino County or hie designated represen ca [Sue. C. Ft re Chief shall mean the Fire Chief of the Foothill Fire District or his designnred cup resenta[ive. ~~~ Ordinance No. Page 2 D. Building Department shall mean the Building and Safety Division of Cormunity Development Department of the CS[y of Rancho Cucamonga. SECTION 4: The Uniform Building Cade is amended as follows: A. Section 204 of said Uniform Building Code is amended to read as follows: Section 204. BOARD OF APPEALS. In order to provide for final interpretation of [he provisions of [his Code and to hear appeals provided for hereunder, there is hereby estahlished a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons, other than employees of [he City, appointed by [he City Council and who shall hold office, at its pleasure. The Building Official shall be an ex-officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conduccing its business and shall render all decisions and findings Sn writing to the Building Official with a duplicate copy [o the appellant. B• Sec tiun 205 of said Uniform Building Code is amended to read as follows: S ec [ion 205. VIOLATIONS AND PENALITIE5. It shall be unlawful for any person, firm, of corporation Co erec [, construct, enlarge, alter, repair, move, imporve, remove, covert, relocate, demolish, equip, use, occupy, or maincain any building or structure or unsafe grading site in the City, • or cause the same to be done, contrary to of in violation of any of the provisions of this Code. Maintenance of a building oc structure which was unlawful a[ [he Cime it was constructed and which would be unlawful under this Code if constructed after the effective date of such code, shall consCi[ute a continuing violation of such code. Any person, firm or corporation violating any of the provisions of [his Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or pe ttni tied, and upon convic tinn of any such violation such person shall be punishable fy a five of not more than $500.00 or by imprisonment for not more than six months, or boch such fine and imprisonment. C• Sectf on 703 of said Uniform Rui lding Cade is amended by addition of Subsec Linn (f) to read as follows: Section 303 (f). UNFINISHED BLii1.DINGS AND STRUCTURES. Whenever Che Ru ilding Off is fal de[ermtnes by inspec [ion [hat work on any building or structure Eor which a permit has been Sssued and the work started thereon has been suspended for a peri nd of 180 days or mare, the owner of the property upon which such structure is located or other person or agent in control of said proper cy, upon receipt of notice in writing from the Du pnrtmnn[ to do so, sha il, within 90 days from the date of such written notice, obtain anew permit to complete the required work and . dll igen[Ay pursue the work [o completion or shall remove or demolish [he ~^ Ordrnance No. Page 3 building or structure within 120 days from date of the wri [t en notice. D. Bection 304 of said Uniform Building Code is amended to read • as follows: Section 304 (a). PERMIT FEES. The fee for each permit shall be as set forth in Resolution of the City Council. The determination of value of valuation under any of the provisions of this code shall be made 6y the Building Official. The value to be used in Computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is Sssued as well as all finish work, painting, roofing, elec [rical, plumbing, heating, aiz 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 firs[ obtaining said permit, and when such work is discovered as a result of an itrvestiga tion, the permit fees specified by City Council Resolution shall be doubled. The payment of such double fee shall not exempt any person form compliance with all other provisions of [his Code nor from any penal [y prescribed by law. Section 304 (b). PLAN REVIEW FEES. 47hen a plan or other data is required to be submitted by Subsection (b) of Sec [ion 302, a plan review fee shall be paid a[ the time of suhmi[[ing plans and specifications for review. Where plans are lncomple to or changed so as co require additional plan review, an additional plan review fee shall be charged. • Fees for plan review shall be as set Forth by Clty Council Resolution. Section 304 (c). EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days followinq the date of application shall expire by limitation, and plans and ocher data submitted £or review may thereafter be returned to the applicant or destroyed 6y [he Building Official. The Building Official may extend [he time for action by the applicant, for a period not exceeding 180 days, upon written request, showing [hat 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, tl~e applicant shall resubmit plans and pay a new plan review fee. Section 304 (d), EXERTION FROM FEES. Neither the state nor this nor any other county, city, district, or ocher political subdivision, nor any p~~b lie officer or body acting in his official capacity on behalf of the state or of this ur any county, ciyt, district, or other political subdivision shall pay or deposit any fee required 6y thSs Code. This Section does not apply to the State Compensation Insurance Fund or Public Housing Authority or where a public. officer Ss acting with reference [n private assets which have come under his jurisdiction by virtue of his office. L I Ordinance No. Page 4 Section 304 (e), REFUNDS. In Che event that any person shall have obtained a 6u ilding permit and no portion of the work or construction covered by such permit shall have been co~maenced and such permit shall have expired as provided for in Subsection (d) of Section 302, the permittee, upon presentation to the Building Official o£ a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eigh [y percent (80x) of the building permit fee actually paid for such permit; however, the portion of the fee re Coined shall never be less than fifteen dollars ($15.00). In case a permit is issued in error by the Building Official, all fees shall be returned to applicant upon request. No refund shall be granted when receipt of the request occurs more Chan 180 days following payment of the permit or plan check fee. No portion of a plan checking fee shall be refunded, unless no checking has been performed on a set of plans, in which case eighty percent (80R) of the plan checking fee shall 6e refunded; however, the portion of the Eee re[a fined shall never be less than fifteen dollars ($15.00). The 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 Cicy. E. Subsection (d) of Section 305 is amended to read as follows: Section 305 (d). APPROVAL REQUIRED. No work shall be done on any part of the building or structure beyond the point indicated in each successive in spec cion without first obtaining written approval of the Building Offi<ial. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as find is a[ed by each of the inspections required in Subsection (e). • There shall be no clearance for connection of gas or electrical u [ili[ies until final building, electrical, plumbing, hearing, ventilation and air conditioning inspections have been made and approval has been first ob ea fined from [he Building Official and a1.1 condi [Sons of developments approval completed or guaranteed, except as provided for in Section 307 (d) for a temporary eertif lcate of occupancy. In the event Che 6u11d log 15 not completed and ready for final inspection in the time prescribed by [he Building Official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a cez [if icate of occupancy is issued as se[ forth 1n Subset tion 304 (c) above. F. Table 3-A entitled "Building Permit Fees", aE said Uniform Code is deleted. 0. Se<tion 420 of said Uniform Building Code fs amended by adding the following definition; SWIMN7`;G PO01, is any body of water created by artificial means designed or used for swimming, immersion or [hemp eu tic purposes. H. Section 1101 oC said Uniform Building Cnde is amended to read as follows: • Ordinance No. Page 5 Section 1101. GROUP M OCCUPANCIES shall be: Division I. Private garages, carports, sheds and agricultural • buildings. Division 2. Fences or walls over six feet (6') high, tanks, towers and swinmting pools. For occupancy separations. See Table 5-B. For occupancy load see Section 3301. I. Section 1105 of said Uniform Building Cade is amended to read as follows: Section 1105. In building areas where motor vehicles are operated or stored, floors shall be of noncombustible, nonabsorbent construction. J. Chapter 11 of said Uniform Building Code is amended by adding Section 1107 to read as follows: Section 1107 (d). Every person in possession of land within the City of Rancho Cucamonga, ei thez as owner, purchaser under contract, lessee, Genan t, licensee, or otherwise, upon which is si coated a swinmting pool, having a water depth exceeding 18", shall at all times maintain on the lo[ of premises upon which such pool is located and completely surrounding such wool, loC or premises, a Eence of other structure not less than five Eee[ six inthe5 (~'-b") in height with nc opening therein, other Chan doors • or gages, having a greater dimension exceeding tour Snches (4"). Openings may exceed 4" in greatest dimension when approved by the Building Official, provided such openings will not materially facilitate scaling the fence or other strut CUre by children. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep and capable of keeping such door or gate securely closed at all times when nut in actual use, however, the door of any dwelling occupied by human beings and forming any part of the enclosure herein above required need not be so equipped. Required latching devices shall be located not less than Five feet (5') above the ground. The pool enclosure shall be in place and approved by the Building Official before water is placed in the pool. E%CEPTION: The provisions of this Sec [ion shall not apply to public swimming pools for which a charge or admission price is required [o be paid Eor use thereof, during the time that the owner, operator or adult employee of such owner or Operator is present at and in active charge of the premises upon which such pool is located. Section 1107 (h). Notwithscand ing the requirements of subsection (a) any fencing serving as enclosure for a swimming pool, lawfully in existence on [he date of ad op [i on of this ordinance, and meeting the requ it omen cs for fencing in effect at the time of cons [ruction of the ew Smming pool, may continue; however, any replacement in whole or in par[ shall comply with the requiremen[6 of subaection (a). K. Section 1210 (a) of said Uniform Building Cade is amended [o read d6 f0l lawa: L 1 Page 6 Section 1210 (a). FIRE-WARNING SYSTEMS. Every dwelling unit and every guest room in a hotel or lodging house used for sleeping purposes shall be provided with smoke detectors conforming to U.B.C. Standard No. 43-b. In dwelling units, detectors shall be mounted on • the ceiling or wall at a point centrally located in [he corridor or area Riving access [o rooms used for sleeping purposes. In an efficiency swelling unit, hotel sleeping room and in hotel suites, the detector shay, be centrally located on [he ceiling of Che main room or hotel sleeping room. Where sleeping rooms are on an upper level, the deeec cor shall be placed at the center of the ceiling directly above the stairway. All detectors shall be loco ted in accordance with approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the duelling unl[ or goes[ room. When habitable space having a valuation exceeding $1000 or when one or more sleeping rooms are added or created in existing Group R, Division 3 Occupancies, [he entire building shall be provided with smoke de [ec[ors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power From the building wiring when such wiring is served from a commercial source. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. Smoke detectors may 6e battery operated when installed Sn existing buildings, or in buildings which undergo alterations, repairs ur additions regulated by [he second paragraph of this section. L. Said Uni Eorm Building Code is amend e.. by adding Chapter 16 Co read as follows: • Chapter 16. REQUIREMENTS WITHIN NIGH FIRE HAZARD AREA. Section 1601. HIGH FIRE HAZARD AREA DEFINED. Far the purpose of this chapter, all por [ions of the City of Rancho Cucamonga falling within the area encompassed by [he following description shall be known as [he High Fire Hazard area: All lands bounded on the north, west and east by the city limits of the City of Rancho Cucamonga and on the south by the following described boundary• Beginning at the in cersect ion of the northern boundary of the Rancho Cucamonga Grant and [he center line of Cucamonga Creek; Thence easterly along the Rancho Cucamonga Grant boundary to in [ercep[ the center line of Almond S[ree t; Thence easterly along Almond Street and [he easCer ly prolongation thereof to [he cen[eY line of Beryl Avenue; Thence southerly along the center line of Beryl Avenue [o the center line of Hillside Road; 'fh ene:e easterly along the center line of Hillside Road to the center line of Haven Avenue; Thence south er iy along the center line of Haven Avenue [o the center line of Wilson Avenue; Thence easterly along the center line of Wilson Avenue to the southwest corner of Che southwest quarter, Sec [ion 24, Township • 1 North, Range 7 West; l~ Ordinance No. Page 7 Thence southerly along the west boundary line of the east one-half of Section 25, Township 1 North, Range 7 Wes[ to Che center line of Highland Avenue; • Thence eaterly along the center line of Highland Avenue [o its intersection with [he center line of Interstate 15; Thence nor cheaeterly along the center line of Interstate 15 to the easterly boundary of [he city of Rancho Cucamonga. Section 1602. Buildings or structures hereafter erected, constructed or moved within or into the High Fire Nazard Area shall comply with the provisions of [his Chapter, regardless of ocher provisions of this code [o the contrary. Section 1603. ROOF COVERINGS. Roof coverings installed within the High Fire Hazard Area shall 6e fire retardant as specified in Section 3203 (e). E%CEPTIONS: In Type V buildings of Group R or M occupancies, roofing may be any Class "C" built-up roofing assembly, Class "C" prepared roofing or a mineral aggregate surfaced built-up roof complying with Subdivision 3 of Section 3203 (f). Roof coverings having openings which would allow entrance of embers or flames shall 6e fire-stopped at eave ends to preclude entry of flame or embers under the roof covering. Section 1604. UNDERFLOOR AREAS. Buildings or atruc [ores shall have all underfloor areas enclosed [o the ground with construction as required for exterior walls. • EXC'ePTIONS: 1. Enclosure is not required when the underside of all exposed floors and all exposed structural columns, beams and supporting walls are of non-combustible cons [roc cion or protected with one- hour fire resis tlve materials. 2. The underside of cantilevered woad balconies and unroofed walking "decks", constructed entirely of 2" or greater nominal thickness wood joists and decking, need not be enclosed. 3. Wood structural members having a minimum dimension of 6" nominal, tongue and groove flooring of I!i" net thickness or plywood flooring of I-1/B" net thickness need not be enclosed or fire-protected. Section 1605. OPENINGS. Openings into enclosed underfloor or attic areas shall he provided with doors or sash or shall he screened with galvanized or copper wire screen with maximum one-eighth inch (1/8") mesh size. Section 1506. ALTERATIONS. Buildings and structures already erected in the High Ptre Hazard Area co which additions, alterations, or repairs are made shall comply with the requirements of this Section for new buildings or strurtu res except as specifically provided by Section 104. r~ J ~~ 1 Ordinance No. Page 8 M. Section 1704 of said Uniform Building Code is amended to read as follows: Section 1704. Roof coverings shall be fire retardant except in Types • III, IV, and V buildings, where i[ may be as follows: 1. Ordinary roof coverings may be used on buildings of Croup R Occupancies which are not more than two stories in height and have no[ more than 3000 square feet of pruj ec ted roof area and there is a minimum of 10 feet from the extremity of [he roof to the property line on all sides except For street fronts. Skylights shall be constructed as required in Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plastics in roofs, see Chapter 52. For Attics: Access and Area, see Section 3205. For Roof Drainage, see Section 3207. N. Subsection 2907 (h) of said Uniform Building Code is amended [o read as follows: Section 2907 (b). BEARING WALLS. Beating walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of sufficient size [o support all loads. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall be as sec for ch in Table No. 29-A. E1lCEPTIONS: L A one story wood or metal frame building not used for human • occupancy and not over 200 square fee[ in floor areas may be constructed without a masonry or concrete foundations if walls are supported by a Portland cement concrete slab no[ less than 3!5" in Ch ickness. 2. The support of buildings by posts embedded in earth shall be designed as specified in Section 2907 (f). Wood posts or poles embedded in earth shall 6e pressure treated with an approved preservative. Steel posts or poles shall be protected as specified Sn Section 2908 (h). O. Chapter 17 of said Uniform Auilding Cocle is amended by adding Section 3708 to read as fo Llows: Sec lion 3708. Any chimney, flue, vent, or stovepipe attached to any solid or liquid burning firepiac e, stove, harSrgne, or other device hereafter tns to lied within or attached to any building or strut tore, shall be egidpped with nn approved spark arrestor. A spark arrestor is defined as a device construe [ed of non-combustible na serial equivalent Co l2 guage steel welded or woven wire mesh or 3/16" thick cast iron plate. Perforations or openings in spark arres [ors shall be not less Chan one-half loch (~,") and not larger than five-ntghths inches (5/8") and shall he of cuff lc rent number so as not to 11)~ Ordinance No. Page 9 reduce the required flue area. Spark arrestors shall be installed in such a manner as to be visSble for inspection and accessible for maintenance. • P. Section 3210 of the appendix of said Uniform Building Code Ss amended to read as follows: Section 3210. New roof coverings for existing buildings shall not be applied without approval of the Building Official. An inspection may be required to determine [he acceptability of an existing structure for reroofing. A final inspection and approval shall be obtained from the Building Official when reroofing is complete. Q. Section 7003 of the Appendix of said Uniform Building Code is amended [o read as follows: Section 7003. No person shall do any grading without first having obtained a grading permit from the Building Official except for the following: 1. Grading in an isolated, self-contai,red area if [here is no danger to private or public property. 2. An excavation below finished grade for basements-and foothings of a building, retaining wall or ocher structure authorized by a valid building permit. This shall not exempt any fill made with [he material from such excavation nor exempt any excavation having an unsupported height greater than 5 fee[ after the completion of such structure. • 3. Cemetery graves, +. 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 ea [abllshed and provided for 6y 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 enR ineering geologists. B. An excava [ion which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 feet in height and steeper than one and one-half horizontal to one vertical. 9. A fill less than 1 foot in depth, and placed on natural terrain witl~ a slope flatter Chan 5 horizontal to one vercic al, or less than 7 feet in dep eh, not intended co support strut Cures, which dues nut exceed 100 cubic yards on any one lot and does oat obstruct a drainage course or alter drainage patterns. i~3 Ordinance No. Page 10 10. An excavation for pipeline or other underground utility lines installed under a separate permit, provided that any necessary erosion control measures are made par[ of [hat permit. 11. Public works proj ec es no[ requiring a building permit including • sewer and storm drain cons traction, utility trenches, power transmission lines and appurtenant access roads and retaining walls or grading accomplished as part of street maintenance ac[ivi ties. 12. Recurring, regularly scheduled maintenance of existing facilities where no new construction is involved. This exemption includes the replacement of a single transmission tower or pole, which can be projected to reoccur over very long periods. 13. Emergency repairs to existing facilities resulting from natural or civil disaster including, but not limited to, rainstorm, flooding, ear Chslide, heat storm, earthquake, riot, sabotage, and the like. R. Section 7004 of Chapter 70 of the Appendix of said Uniform Building Code is amended to read as follows: ' Section 7004. "Whenever the Building Official determines that any existing natural slope, excavation, embankment, fill or other condition created by a grading project has become a hazard Co life or limb, or endangers prooer[y, adversely affects the safety, use or stability of a public way or drainage channel, [he Building Official may give the owner of the . property upon which [he condition is located or other person or agent fn control of said property a written notice to abate the condition. Upon receipt of such written notice from the Building Of£ic ial, the owner or other person or agent in con erol of said property shall within the period specified in the notice repair of eliminate Such natural slope, excavation, embankment, fill or other condition so as Co eliminate the hazard and be in conformance with [he requirements of this Code." S. Section 7005 of the Appendix of said Uniform Building Code is amended by adding the followf ng definitions: 1. Final Grading Plan is a plan showing all detailed drainage information, grade elevations, building locations and floor elevations. 2. Preliminary Grading Plan. A plan showing building pad elevations, typical drainage methods to be utilized, and similar generalized information, usually excluding finish Eloor elevations, building Locations, and specific drainage details. T, Section 7006 of the Appendix of said Uniform Building Code is amended to read as follows: • /~ I Ordinance No. Page 11 Section 7006 (a). PERMITS REQUIRED. Except as exempted in Section 7003 of this Code, no person shall do any grading without firs[ • obtaining a grading permit from [he Building Official. A separate permit shall be required for each site, and may cover both excavations and fills. Grading permits may be issued based upon submittal of either a preliminary or final grading plan. The preliminary grading plan requirements shall apply where insufficient precise detail of site improvement exists a[ the time of grading permit inssuance. Where grading is accomplished based upon a preliminary grading plan the submittal of a final grading plan shall be required prior Co the issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail to assure [hat at Che time of final grading plan submittal, all standards and specifications of [his code and other City grading regulations will be met. Section 7006 (b). APPLICATION. The provisions of Section 302 (b) are applicable [o grading and in addition the application shall state the estimated quantities of work involved. Section 7006 (c). PLANS AND SPECIFICATIONS. When required by the Building Official, each applicant for a grading permit shall be accompanied by three sets of plans and spec if ice [ions, and supporting data consisting of a soil 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. Section 7006 (d). INFORMATION ON PLANS AND IN SPECIFICATIONS. PLans silo ll Se drawn to scale upon substan [ial paper or cloth and shall he of sufficient clarity to indicate [he nature and extent of the work proposed • and show in detail [hat they will conform [o the provisions of this Code and all relevant laws, ordinances, rules and regulations. The firs[ sheet of each sec of plans shall give the location of the work and name and address of the owner and the person by whom they were prepared. The plans shall include the following Snformation: 1. General vicinity of [he proposed site. 2, Property limits and accurate contours of existing ground and details of terrain and area drainage. 3. Elevations and finish contours to he achieved Sy the grading. 4, Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed wich, or as a part of, the proposed work together with a map showing the drainage area and the ext imated runoff of [he area served 6y any drains. i. 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 edj scent owners which are within 15 feet of [he property or which may he affected by the proposed grading opera [Ions. • 5. Size, type and condition nE vegeta [ion [hat is to remain. Legsl restrictions such as property lines, easements, setbacks, e [c. ^~ /V Ordinance No. Page 12 8. Utility structures: catch basin, manhole, culvert, etc. 9. Utility lines: drainage, sewer, water, gas, electric, 10. Any unusual site conditions. Contours, bo [h existing and proposed, shall be shown in accordance with the following schedule: Natural Slopes Maximum Interval 27. or less 2 feet Over 2X to and including 97. 5 fee[ Over 9X 10 feet Specifications shall contain information covering construction and material requirements. Section 700$ (e). SOIL ENGINEERING REPORT. The soil engineering report required by subsection (c) shall include date regard log Che nature, distr ibu Cion and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recormnenda [ions covering adequacy of sites to be developed by the proposed grading. Reconunendations included in [he report and approved by the Building Official shall be incorporated in the grading plans or specifications. u Section 7006 (f). ENGINEERING f,EOLOCY REPORT. The engineering geology report required by subsection (c) 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 reconsnendations covering the adequacy of sites to be developed by the proposed grading. Section 7006 (g). ISSUANCE. The provisions of Section 302 are appl.icab le [n grading permits. The Building Official may also require submittal of the following additional information with the permit application. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for pro[ec [ion of undistributed trees and/or vege[a Lion. 2. Schedule defining staging and timing of cons traction and estimated areal extent of disturbance at sirs tegSc points during cans traction. 3. Equipment, methods, and loco eion of spoils disposal. .. A plan defining the schedule, equipment, materials, and crew that will ire used to matntain all protective devices and drainage facilities shown on the approved grading plan. 5. Designation of routes upon which materials may be transported and menas of access to the site. • /`~ Ordinance No. Page 13 6. The place and manner of disposal of excavated materials and control of erosion from such ma [erials. • 7. Requirements as to the mitigation of fugitive dust and dirt offensive or injurious to the neighborhood, the general public or any portion [hereof, including due consideration, care, and respect far the property rights, convenience, and reasonable desires and the needs of said neighborhood or any portion thereof. B. Limitations on the area, extent and duration of time of exposure of unprotected soil surfaces. 9. Mitigating measures recommended by the Regional Water Quality Control Board or Resource Conservation District. 10. Phasing of operations to minimize water or ocher environmental impacts. Il. Such further applicable information as the Building Official may require to carry out the purposes of this ordinance. Section 7006 (h). 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 [his Code. Section 7006 (i). INSPECTIONS. In performing regular grading, • it shall be [he responsibility of the permittee to notify the Building Official a[ leas[ one working day in advance so that required inspections may be made. Section 7006 (j). PROTECTION OF ADJACENT PROPERTY. During grading operations, the permittee ;hall be responsible for the prevention of damage to adjacent propety and no person shall excavate on land sufficiently close to [he property line to endanger any adjoining public street, sidewalk, alley, or ocher public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. Section 7006 (k). TEMPORARY EROSION CONTROL. The permittee shall put into effect and main [ain all precautionary measures necessary to protect adjacent water courses and public or or iva to property Erom damage by erosion, flooding, and deposition of mud or debris originating from the site. U. Section 7007 of the AppendSx of said Uniform Building Code is amended to yeas as follows: Section 7007. FEES. Grading and plan check fees shall he as set forth by [hn most recent comprehensive fee Resolution adopted by the City Council. Where preliminary and final grading plans are submitted separately for plan checking and/or permit, fees sha 11 be calcula cad from [he overall yardage to he moved under each submttta 1. The fee for a grading permit authorizing addition work to that . under a valid permit shall he the difference between [he fee paid for [he original permit and the Eee shown for [he entire project. ~~ Ordinance No. Page 14 V. Section 7C08 of [he Appendix of said llniform Building Code is 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 Of £lcial, a bond executed by the owner as principal and a corporate surety authorized to do business in this state. 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, [he Building Official may require a bond fnr grading involving less than 5000 cubic yards. The band required by this Section may include incidental off-situ 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 [o remove a geological hazard, where such work Ss covered by an agreement and bond posted pursuant in provisions of other Ordinances. Sec [ion 7008 (b). AMOllNT OF BOND. 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 protect161e devices, work. necessary co eliminate geological hazards, erosion control planting and required re Gaining walls, and masonry fences. That portion of the bond valuation based on the volume of material shall be computed as set forth in the following table: 1000,000 cubic yards or less.....,.50% of the cost of grading work. Over 100,000 cubic yard s.......... .50% of the cost of the first • 100,000 cubic yards plus 25% of the estimated cost of tbat portion in excess of 100,000 cubic yards. Section 7008 (c). BEbUCTION IN BOND. When rough grading has been completed in conformance with Che requirements of this Code, the Building Official may at his discretion consent to a proportionate reduction of the bond [o an amount estimated to be adequate to insure completion of the grading work, si [e development or planting remaining to be performed. The costs referred to in this Section shall be as es [ima[ed by the Building Official. Section 7008 (d). CONDITIONS. Beery bond shall include the conditions that the principal shall: Comply with all of the provisions of City Oid finances, applicable laws, and standards. 7. Comply with all of the terms and conditions of the grading perm tt. 3. r~mplete all of the work authorized by the permit within the time limit specified in the permit or within any extension thereof granted. No such ex tens ton o£ time shall release the surety upon the 6nnd. • ' U C7 Ordinance No. Page 15 Section 7008 (e). TERM OF BOND. Te term of each bond shall begin upon the filing thereof with the Building Official and the bond shall • remain in effect until the work authorized b} the grading permit is completed and approved by the Building Official. Section 7008 (f). DEFAULT PROCEnllRES. In the event [he 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 [he grading permit bond, or to [he otmer in [he case of a cash deposit or assignment, and may order [he work required [o covplete the grading in conformance with the requiremen [s of this Code be performed. The surety executing the bond shall continue to he Eirmly bound under an obligation up to the full amount of the pond, for the payment of all necessary costs and expenses [hat may be incurred by the Building Official in causing any and all such required work [o be done. In the case of a cash deposit or assignment, the unused portion of such deposit or funds assigned shall be returned or reassigned co the person making said deposit or assignment. Section 7008 (g). RIGHT OF ENTRY. The Building Official or the authorized representative of the surety company shall have access to the premises described in the permit for the purpose of inspecting Che work. In the even[ of default in [he performance of any term or condition of the permit the surety or the Building Official, or any person employed or engaged in the behalf of either, shall have the right Co go upon the premises to perform the required work. The owner or any other person who interferes with or obs tracts 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 comple [ion of the work for which a grading permit has been issued, after a default has occurred in [he performance of the [eons or conditions thereof, is gu it [y of a misdemeanor. W. Section 7010 of the Appendix of said Uniform Building Code is amended Co read as follows: Section 7010 (a). GENERAL. Unless otherwSse recommended in [he approved soil engineering report fills shall conform to the provisions of this Section and [o Figure A, Typical LoC Cross Section for fills. In the absence of an approved soil engineering report these provisions may he waived Eor minor fills not intended to support structures. Section 7010 (b). FILL LOCATION. Fill slopes shall not be constructed on natural slopes steeper than two to one or where the fill slope Coes out within l2 feet hori zoo [a lly of [he top of a lower existing or planned cu[ slopes except in [he case of slopes of minor height when approved by the Rui ld ing Official. Section 7010 (c). PREPARATION OF OROIIND. The ground surface shall he prepared to receive fill by rrmoving vege to [ion, noncomplying Eill, cop-soil and other unsuitable materials scarifying to provide a bond wf [li cite new fill, and, where slopes are steeper than five to one, and [he • gay' Ordinance No. Page 16 height greater than 5 feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be a[ least 10 fee[ wide. The area beyond the toe of fill shall be sloped for sheet • overflow or a paved drain shall be provided. Where fill Ss to be placed over a cut, the bench under the toe of fill shall be at least 10 Feet wide but the cut must be made before placing fill and approved by the soils engineer and engineering geologist as a suitable foundation for fill. Section 7010 (d). FILL MATERIAL. Detrimental amount of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches be buried of placed Sn 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 stabili Cy. The following conditions shall also apply: A. Prior to issuance of the Grading Permit, potential rock disposal areas shall be delineated on the grading plan. B. Rock sizes greater than 12 inches in maximum dimension ahall be IO Eee[ or more below grade, measured vertically. C. Rocks shall be placed so as to assure filling of all voids with floes. • Section 7010 (e). COMPACTION. All fills shall he compacted to a minimum of 90% of maximum density as determined by U.B.C. Standard No. 70-1. Field density shall be determined in accordance with U.B,C. Standard No. 70-2 or equivalent as approved by the euidling Official. EXCEPTIONS: Fills excepted elsewhere in this ordinance and where the Building Official determines that compaction is no[ a necessary safety measure to aid ir. preventing saturation, set [lemen [, slipping, or erosion of the fill. Where lower density and expansive types of soil exist, then permission for lesser comoac [ions may he granted by [he Building Official upon showing of good cause under the conditions prav tded herein. 3. All hackfili in utility line trenches shall be compacted and [es ted. The soils engineer shall. ver. ify [hat this backf filling has been satisfactorily accomplished. Alternate methods of filll ng and compaction may he utilized on spec if is pro,j ec is when specified by the soil engineer and/or approved by the 8uilding Official. Section 7010 (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. ~j~ Ordinance No. Page 17 Section 7010 (g). DRAINAGE AND TERRACING. Drainage and Cerracing shall be provided and the area above fill slopes and [ho surfaces of terraces sfiall be graded and paved ae required by Section 7012. X. Section 7011 of the Appendix of said Uniform Building Code is amended to read as Follows: Section 7011 (a). GENERAL. The setbacks and other restric [ions specified by this Section are minimum and may be increased by the Building Official or by the recommendation of a civil engineer, soils engineer, or engineering geologist, if necessary for saf e[y and stability or to prevent damage of adjacent pzopetties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used [o reduce the required setbacks when approved by the Building Official. Section 7011 (b). SETBACKS FROM PROPERTY LINES. The tops of cuts and toes of fill slopes shall 6e set back from the ov ter boundaries of [he permit area, inc lading slope right areas and easemenCS, in accordance with Figure No. 1 and Table No. 70-C. Section 7011 (c). DESIGN STANDARDS FOR SETBACKS. Setbacks between graded slopes (cuC and fill) and structures shall be provided in accordance with Figure No. 2. Y. Section 7013 of the Appendix of said Uniform Building Code is 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 erasion. The protec cion Eor the slopes shall be installed as soon as practicable and prior [o calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such pro tec[Son may be omitted. Section 7013 (b). OTHER DEVICES. Where necessary, check dams, cribbing, rlprap or other devices yr methods shall be employed to control erosion and provide safety. Section 7013 (c). PLANTING. The surface of all cut and fill slopes more than five feet in height shall be protected against damage by erosion by planting with approved grass or ground cover plants. Slopes exceed inK 15 fee[ in vet tical Neigh[ shall also be planted Wlth shrubs and trees at equivalent spacings, in addition to the grass or ground covet planes. The plants re lec[ed and planting methods used shall be suitable for the. soil and climatic conditions of the site. F.XCF.PTIONS: I. PlanC ing need no[ be provided Eor cut slopes, rocky Sn character and not subject to damage by erosion, when approved by [he Building Official. 2, Slopes may be protected against erosion damage by other methods when such methods have been specifically recommended ,• by a soils engineer, engineering geo login [, or equivalenC and found to offer erosion protection equal to [ha[ provided by the planting specified in this Sec tlon. 1 I I Ill Ordinance No. Page l8 Sec tlon 7013 (d). IRRIGATION. Slopes required to be planted shall be provided wi [h an approved system of irrigation designed to cover all portions of [he slope, and plans therefore shall be submitted and approved prior to ins tally cion. A functional tesC of the system may be required. The requiremen[s~ for permanent irrigation systems may be modified upon Specific recommendation of a landscape architect or equivalent au [hority [hat because of [he type of plants selec [ed, the planting methods used and the soil and climatic conditions at [he site, such irrigation system will no[ be necessary for the maintenance of the slope planting. Section 7013 (e). RELEASE OF BOND. The planting and irrigation systems required by [his Section shall be installed as soon as practical of ter rough grading. Prior to final approval of grading and before Che release of the grading bond, the planting shall be well established and growing on the slopes. SECTION 5 The Uniform Housing Code is amended as follows: A. Section 203 of said Uniform Housing Code is amended to read as follows: Section 203. BOARD OF APPEALS. In order to provide for final interpre Cation of the provisions of Chis Code and to hear appeals provided for hereunder, there is hereby established a Hoard of Appeals consisting of five (5) members, said memebers to be meme6ers of the City Council or persons other than employees of the Ci[y, appointed by the CSCy Council and who shall serve aC its pleasure. The Building Official shall be an ex-officio member of and shall act . as Secretary to said Board. The Board may adopt reasonable rules and regule [ions for conducting its business and shall render all decisions and findings in writing to the Building Official with a duplicate copy [o [he appellant. Appeals to the Board shall be processed in accordance with Chapter 12 of this Code. B. Section 204 of said Uniform Housing Code is amended [o read as follows: Section 204. I[ shall 6e unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, converc or demolish, equip, use, occupy or ma intaln any building or structure or cause or permit the same to be done in violation of [his code. Any person, firm, or corporation violating eny of the provisions of this Code shall be guilty of a misdemmnor, and each such person shall be deemed guilty of a separa to offense for each and every day or portion thereof during which any violation of any of the prov is inns of [his Code is committed, conci nued, or permitted, and upon conviction of any such vio la [inn such person shall be punishable by a fine of noC more than $500.00 nr by imprisonment for not more than six moo chs, or by boCh such fine and imprisonment. C. Section 1501 of said Uniform Housing Cade is amended to read as fOiink'S: I IC~ Ordinance No. Page 19 Section 1501 (a). PROCEDURE, When any work of repair or demoliton is to be done pursuant to Section 1401 (c) 3 of this code, the • 8u ild ing Official shall cause the work to be accomplished by city personnel or by private contract under the direction of the Building Official. Plans and specifications therefore may be prepared by the Building Official, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. Section 1501 (b). COSTS. The cos[ of such work may be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisd is [ion shall determine is appropriate. SECTION 6 The Uniform Code for Abatement of Dangerous Buildings is amended as follows: A. Section 203 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as Follows: Section 203. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alcer, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or s[tuc Lure or unsafe grading site or cause or permit [he same [o be done in violation of chis code. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a mtsdemeanor and each such person shall he deemed gull [y of a separate offense for each and every day or portion [hereof . during which any violation of any of the provisions of this Code is conmitted, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a tine of noc more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. B. Section 205 0£ said Uniform Code for Aba cement of Dangerous Buildings is amended to read as follows: Sec Lion 205. HOARD OR APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, [here Ls hereby established a Board of Appeals consisting of five (5) members, said members Co be memebers of the City Council or persons other than employees of [he City, appointed by the City Council and who shall serve at [is pleasure. The Building Official shall be an ex-officio member of and shall act as Secretary to said Board. The Board may adopt reasonable rules and regulations for conducting tts hus ineas and shall render all decisions and findings in writing [o the Bu Lld tog Official wi tli duplicate copy to [he appellant. Appeals to Che Board shall he processed in accordance wi [h [he provisions con tamed to Section 501 of [his Code. C. The Uniform Code for Abatement of Dangerous Buildings is amended by • add in y, sec trons 206 and 207 to read as follows: 113 ordinance No, Page 20 Section 206. 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 sun®ary power to secure from entry any structure or premises which in his discretion he determines Co be immediately • dangerous, or immediately hazardous or in other manner injurious to public health or safety. Such structures may be secured by the Building Official by nailing of boards over the doors and windows of such structure, however, he shall not be limited to only [his method and may use other methods a[ his discretion to accomplish the same purpose which may be mote 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 a[ least one conspicuous place. The Building Official shall irtmediately 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 informs Lion: I. That he has secured the structure or corrected the hazardous conditions. 2. The cost incurred by the City [hereby. 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 Cvuncil, a5 provided in this Section. 6. That if his action is not annulled by [he City Council, the cos[ of securing the proper [7 shall become a lien upon the real property, unless the cos[ Ss paid Co Che City within thirty (30) days of Che mailing of [he notice. If any owner of property, or any person having any inceresc in property affected by [he 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 [he Building Official in Securing Che s[ruc Cara, 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 (10) days after receipt of novice of the action by the Building Official. The notice of appeal must be verified under oath or under penalty of perjury and must state the grounds upon which [he action of the Building Official Ss appealed. The City Council shall, upon receiving such notice of appeal, hear any evidence or other relevant matters presented by the appellant or the Building Offlc lal at its next regular meeting after the filing of [he notice of appeal, ptovided however, iE the notice of appeal is Eil ed less than ten days prior to the day of a regular meeting of the City Council, the hearing shall no[ be held at [he first regular meeting, but at the following regular meeting. After hearing all evidence and other relevant matters presto led at said hearing or wi thou[ hearing iE no appeal Ss made upon the report of [he Bvild ins Official, the City Council may then confirm, amend, • or annul the ac tlon of [he Build log Official. If the action of the Build ins Off l.clal is annulled, the City at its own ~I~ Ordinance No. Page 21 expense shall remove any and all instruments used to secure ea id structure, and shall remove any and all signs s [a sing that [he building is unsafe to enter. If, however, • the City Council confirms the action of the Building Official in securing the structure at [he 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 Che structure shall become a lien against the property, and a resolution of the City Council confirming the action of the Building Official, including the imposi[i.on of a lien upon [he property upon which the structure is located to pay for the cost of securing it, may be adopted upon receipt of a report from the Building Off lcial. Such resolution may be filed with the San Bernardino County Tax Assessor, and [he lien imposed thereby may be collected £or the City by him, along with the next annual tax levy and assessment on said property. Section 207. The same procedure, as provided in Section 206 of [his Code for abating through securing from entry any structure which is determined by the Building Official to be immediately dangerous or immediately hazardous may also be used by the Building Official in connection with the summary abatement of all other dangerous or hazardous condition upon private proper [y which [he Building Official determines, a[ his discretion, as constituting an immediately dangerous or hazardous condition. The Building Official may then summarily abate such nuisance, at his discretion, in [he most appropriate manner under the circumstances, which may include, but shall not be limited [o the following methods: fencing, draining water from swimsing pools and • filling with appropriate ballast, removing fire hazards, Filling or covering open holes and grading or strengthening land fills or excavations. Although [he manner and me [hos used by the Building Off lcial shall be at his discretion, i,e shall, in making his determinations, seek the most economical method and endeavor not [o place an undue economical hardship upon [he owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. Section 801 of said Uniform Code for Aba semen[ of Dangerous Buildings is 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 dLrec tlon 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 [o be accomplished by pr iva[e contract, standard public works con trac[ural procedures shall be followed. Sa iel llnifonn Code for Abatement of Dangerous Buildings is amended by deleting Section B02 in its entirety. Sec [ion 90l of [he Uniform Cade for the Abatement of Dangerous Butldings is amended to read as follows: r~ L II~ Ordinance No. Page 22 Section 901. The Building Official shall keep an itemized account of [he expense Sncurred 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 [he completion of the work of repair or demolition, . said Building Official shall prepare and file with the City Clerk a report specifying the work done, the itemized and to [a1 cost o£ [he work, a description of the real property upon which the building or structure is or was located, and [he names and addresses of the persons entitled to notice pursuant to Subsection (c) of Section 401. G. Section 902 of the Uniform Code for the Abatement of Dangerous Buildings is amended co read as follows: Sec [ion 902. Upon receipt of said report, [he CSty Clerk shall present i[ to the Ci[y Council for consideration. The City Council shall fix a time, date and place for hearing such repor c, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, posted as dire[ [ed by the Ci [y Council so as to give proper puhlie notice, and served by certified mail, poscage 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 as known [o the Clerk. Such notice shall 6e given a[ leasC ten (10) days prior to [he date sec for hearing and shall specify the day, hour, and place when the Council will hear and pass upon tl:e E:iild£ng Official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested to or affected by the proposed charge. H. Section 903 of the Uniform Code for the Abatement of Dangerous • Buildings is amended co read as follows: Section 903. Any person interea [ed in or of Eec[ed by the proposed charge 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 protesc or objection must contain a description of Che property in which the signer thereof is interested and the grounds of such protest or objection [he date i[ was received by him. He shall Fresent such protests or objections to the CSty Council at the time see for the hearing, and na other protests or objections shall be considered. Section 904 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follcws: Section 905. Upon [he day and hour fixed for the hearing the Ctty Council shall hear and pass upon the report of the Rulld ing Official together with any such obj ec [loos or protests. The Council may make such revision, correction or mod iEication Sn the report or the charge as 1[ may deem just; and when [he Council Ss satisfied with the correctness of the charge, [he report (as submitted or as revised, correc [ed or modified) together with [he charge shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all pro tes [s or objec Cto ns, shall he final and conclusive. )1~ Ordinance No. Page 23 SECTION 7: The Uniform Building Security Code is amended as follows: A• Section 4101 of said Uniform Building Security Code is amended to read as follows: Section 4101. The purpose of this code Ss to establish minimum standards to make newly constructed dwelling units and additions to dwelling units and private garages resistant to unlawful entry and co facilitate protection of property. B• Section 4102 of said Security Cade is amended co read as follows: Sec [ion 4102. The provisions of [his chap ter shall apply to openings into dwelling units within apartment houses of Group R, Division 1 Occupancies and Group R, Division 3 Occupancies and into private garages of Group M-1 Occupancies defined in the Uniform Building Code including openings between attached garages and dwelling units. EACEPTIONS: 1. An opening in an exterior wall when all porcions of such openings are more than 12 feet vertically or 6 fee[ horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area. . 2. An opening in an exterior wall when all porcions of such openings are more than 12 feet ver tlcally or 6 feet horizontally from the surface of a::y adj oia!ng rocE, balcony, landing, stair tread, platform ~r similar structure or when any par cion of such surface is itself more than 12 fee[ above an accessible surface. 7. OpeninRS where the smaller dimension is 6 inches or less, provided Ghat the closest edge of such openings is a[ least 40 Inches from the locking device of the dour or window assembly, 4. Openings procec cod by required fire door assemblies having a Eire endurance rating of not less than 45 minutes. , C. Section 4105 of said Uniform Building Security Code Is amended co read as follows: Section 4105. All main or franc entry doors to dwelling units shall be arranged so that [he occupant has a view of the area immediately outside the door without opening the door, Except as provided in Sec [Son 3304 (h) of the Un Sform Building Code, such view may be provided by a door viewer having a f le ld of view of not less than 180 degrees, hhrough windows or through view ports. r1 L J 117 Ordinance No. Page 24 D. Section 4016 of said Uniform Building Security Code is amended to read as follows: Section 4106 (a). Swinging pedestrian doors and their hardware regulated by this chapter shall comply with UBC Standard No. 41-1, Par[ I or equivalent standard. Doors and hardware shall be installed as tested. EXCEPTIONS: Doors fabricated and installed as set forth in Subsections (b) through (i) below. Section 4106 (b). DOOR 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 (9/16") thickness. Section 4106 (c). LOCKING DEVICES. Such doors shall be equipped with a double or single cylinder deadbolt lock. The bolt shall have a minimum proj ecCion of one inch (1") and be constructed so as to repel cu [ling tool attack. The deadLol[ shall have an embedment of ac least three-fourths inch (1/4") into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (5) pin tumblers, and shall be connected to the inner portion of [he back by connecting screws of a[ least one-fourth inch (lt") in diameter. A dual locking mechanism constructed so [hat both deadbolt and latch can be retracted by a single action of the inside door knob, or lever, may be subs [i to ted provided is meets all other specifications for locking devices. Section 4106 (d). INACTIVE LEAVES. Inactive leaves of double doors shall be equipped with metal flush bolts at top and bottom having a minimum • cross-sectional dimension of one-half inch ('~") and a minimum embedment of five-eights inches (5/8") into the head and threshold of the frame. Section 4106 (e). BLOCXING. In wood framing, horizontal blocking shall be placed between studs at door lock height for three (3) stud spaces each side of [he door openings. Any spaces between jambs and trimmers and adjoining studs shall be shimmed solid. Section 4106 (f). STOPS. Door stops of wooden jambs for inswinging 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. Section 4106 (g). GLAZING. Glazing in exterior doors within forty (GO) inches of any lacking mechanism shall be of fully tempered glass or burglary res istnnt glazing, except when double cylinder deadbolt locks ate install¢d. Section 4106 (h). STRIAE PLATE INSTALLATION. In wood frame con- struction any open space he tween trimmers and wood door jambs shall be solid shimmed by a single piece extending not less than 6 inches above and below the strike pin te. Strike pl.a tes shall be attached to wood with not less than two Nn. A x 2" screws. A11 sir Ske plates of doors 1n pairs shall be installed as tested. C, J II~ Ordinance No. Page 25 Section 4106 (i). HINGES. Hinges which are exposed to the exterior shall he equipped with nonremovable hinge pins or a mechanical interlock to preclude removal of the door from the exterior 6y removing Che hinge pins. E, Section 4107 of said Uniform Building Standard Code is amended to read as follows: Section 4107. SLIDING DOORS. Section 4107 Sliding Door assemblies regulated by this chapter shall comply with UBC Standard 41-1, Par[ II or equivalent standard. F. Section 4108 of said Uniform Building Standard Code is amended Co read as follows: Section 4108. WINDOWS. Window assemblies which are designed to be openab le and which are regulated by this Chapter shall comply with UBC Standard 41-2 unless such windows aze protected by approved metal bars, screens or grilles. G. Section 4109 of said Uniform Building Security Code is amended to read as follows: Section 4109 (a). GARAGE VEHICULAR ACCESS DOORS. Rolling overhead, solid overhead, swinging/sliding or accord ian doors provided for vehicular access [o private garages shall he constructed and installed as set forth in this sec [ion. • Section 4109 (b). Such doors shall be provided wi [h an exterior covering of one of the following: 1. Exterior grade plywood no[ less Chan five-sixteenths inches (5/16") in thickness. 2. Aluminum not less than Eour-hundredths inches (.04") in thickness. 3. Steel not less than three-hundred tha inches (.0:3") in thickness. 4. FSherglass having a density of not less than flue ounces (5 oz .) per square foot. 5. Wood siding not less than nine-sixteenths inches (9/16") in thickness, Section 4109 (c). LOCKING DEVICES. All locking devices u[l lizing a cylinder lock shad have a minimum five (5) pin tumbler operation with the locking bar or bolt extending into Che recety ing ga ide a minimum of one inch (1"). Slide bolt type locking assemblies shall have a bolt diameter of not less than three-eighths inc}t (3/8"). Slide bolls ahall penetrate [he receiving guide not ]ess than one and one-half inches (15 ') and shall be attached with three (3) bolts [hat arc not removable from the outside. Rivets shall not he used to attach slide bolt assemblies. I 1 VYC .trance No. Page 26 Doors exceeding sexteen feet (16') in width shall be provided with opposite, centrally located locking points, either at each side or at top and bottom of the door. E%CEPTIONS: 1. For doors nineteen fee[ (19') of less in width, a single locking point may be used if centrally located a[ the floor or top of the door. 2. Doors provided with torsion sprSng counter-ha lance type hardware. Section 4109 (d). FRAMES. Frames for garage vehicle-access doors shall be constructed of one of the following: 1. Aluminum not less than twelve-hundredths inches (,12") in thickness. 2. Seel not less than six-hundredths inches (.06") in thickness. i. Wood not less than one and one-half inches (11") in thickness. H. Said llniform Building Security Code is amended by adding Sections 4110 through 4115 [o read as follows: Section 4110. COMPEER DIAGRAM. There shall be positioned at each en [ranee of a multiple family developmen [, an illuminated diagrammacic repre- sencacion of the complex which shows the location of the viewer and the unit • designations and locations within the complex. Section 4111. LIGHTING. Lighting 1n multiple family dwe113nRs shall be as follows; the building complex shall be illuminated wieh an intensity of ac lease [wenty- Five one-hundredths (.25) footcandles at Che ground level during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. 2. Open parking to [s and car ports shall be provided with a minimum of one (l) foo CCand le of light on Che 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 suhdiv is ion or multiple Family development shall have locks using keys [hat are noc interchangeahle with any ocher dwelling unit in the subdivision oY multiple family development. Section 4113, DEFINITIONS. I. "Burglary Resistant Glazing" means those ma cer is is as defined in Underwriters Labora [ory Rulle cin 972• • ~~~ Ordinance No. Page 27 2. "Double Cylinder Deadbol t" means a deadbolt lock which can 6e ac [ivated only by a key on both [he interior and Che exterior. 3. "Door Slop" means that projection along the [op and sld es of a door jamb which checks [he door's swinging action. 4. "Dwelling" means a building or portion [hereof designed exclusively for residential occupancy, including single family dwellings. 5. "Flushbol t" is a manual, key or [urn operated metal bolt normally used on inactive door(s) and is attached to the [op 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 Che outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism. Section 4114. ALTERNATE MATERIALS Af9 METHODS. The provisions of this chapter are not intended to prevent the use of any material, device, hardware or method not specifically prescribed in [his chapter, when such alternate provides equivalent security and is approved by the Building Official. Section 4115. VIOLATIONS AA'D PENALTIES. IC shall be unlawful for • any person, firm, or corporation [o construct, erect, enlarge or alter any hu ilding or permit [he same [o be done contrary [o, or in violation oE, any of [he provision of this Code. Any person, firm, or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion [hereof during which any violation of [he provisions of this Code is conuni t[ed, continued or permitted, ar,d upon conviction of such viola ti nn, such person shall be punishable by a fine of not more than SSf10. 00 or by imprisonment for not more than six months or by bath such fine and imprisonment. gF,CTION 8: The Uniform Sign Code is amended as follows: A. Section 103 (d) of said Uniform Sign Cnde is amended to read as follows: Section 109 (d). VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repo ir, move, improve, remove, convert, demolish, equip or use or maintain nm• sign or sign structure in the City or cause or permit [he same to he done contrary ro or in violation of any oC the provisions of this Code. Any person, firm ur corporation violating any of the provisions of this Code shall he guilty n( a misdemeanor end each such person shall be deemed guilty of a separate offense Cor each and every day or portion thereof during which any viola tl on of any oC the provisions of this Cnde is ,~~mmitt ed, continued, or permitted; and upon conv is Lion of any such violation, such person shall be punishable by a Eine of no[ more than 1~ I Ordinance No. Page 28 $500.00 or by imprisonment of not more than six months or by both such Eine and imprisonment. • 8. Section 303 of said llniform Sign Code is amended to read as follows: Section 303. The following work shall not require a sign permit, however, these exemptions shall no[ be construed as relieving the owner of the sign from the responsibility for i[s~ erection and ~"7 maintenance, compliance with [he provisions of this Code, the Rancho Cucamonga Sign Ordinance, or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message on a painted or printed sign. 2. Painting, repainting or cleaning of an advertising structure provided no structural change is made. 3. Signs less than b feet above grade that are not electrically lighted. 4. Changing of theater marquees and simi li ar signs specifically designed far the use of replaceable copy, My permit issued for erection of a sign in violation of this Cnde or ocher ordinance is automatically void and shall be cancelled by the evilding Official. • C• Said llniform Sign Code is amended by deletion of Chapters 5, 6, 7, 8, 9, 10, I1, 12, and 14. SECTION 9: Pursuant [o Health and Safety Code Sections 17958.5 and 17958.7 a city may make such modifications in [he requiremen [s of the regulations adopted pursuant to Health and Safety Code Section 17922 as it determines to be reasonably necessary because of local condi trans, and the CI[y Council of the City of Rancho Cucamonga determines thac [he mod Sfications set forth herein are in fact reasonably necessary because of local conditions as set forth more fully below: a. It is reasonably necessary, because of local conditions, to modify and supplement Chapters 2 and 3 of the Uniform Huilding Code, Chapters 2 and 15 of the Uniform Hou slog Cnde, 1979 Editions, dealing with administration and enforcement, Sn order to provide for etf icient acd orderly operation of the Building and Safety Division. h, It is reasonably necessary, because of local conditions, to modify Sections 420, 1101, and add Section 1107 to Chapter I1 of the Uniform Building Code, 1979 . Edition, in order to provide regulation and protection ft om life hazard in and around swimming pools and other man-made bodies of water. ~~ Ordinance No. Page 29 c. It is reasonably necessary, because of local conditions, to modify Sections 1105 and 2907 (b) of the Uniform Building Code, 1979 Edition, dealing with floors, in order to reduce deterioration in certain buildings. d. It is reasonably necessary, because of local conditions, to adopt Chapter 16 and modify Sections 1704 and 3708 of [he Uniform Building Code, 1979 Edition, in order to reduce fire hazards in high fire hazard areas and reduce the spread of roof fires in buildings. e. I[ is reasonably necessary, due to local geological conditions, to modify chapter 70 of the Appendix of the Uniform Building Code, 1979 Edition, to reduce erosion and provide protection against development of hazardous grading conditions. Each and every modification of said Code as adopted by [his City Council has been necessitated bacause the provisions of the published Code are inadequate to provide for protection of heal ch, safety and welfare of the general public and efficient, orderly administration of the Building and Safety Division. The above listed expressed findings shall be made available as a public record and a copy wl th the modifications thereof, shall be kept on file with [he Building and Safety Division. • SECTION 10: - ' ~ The City Clerk shall certify to the passage of this u.a. ~ ~ __ ordinance and shall cause the. same [o be published as required by ~` law. The City Clerk shall also file a certified copy of [his ` ordinance with Che S[a to Department of Bousing and Community Developmen [. PASSED, APPROVED and ADOPTED this day of , 1980 by the following vote: AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: • Lauren M. Wasserman, City Clerk CITY OF RA1\Y}IO QI('AMON(IA o G~`c:n.Mn^ STAFF REPORT <~ j DATE: January 7, 1981 0 `"~" '~j a T0: Members of the City Council and City Manager ~ U FROM: Jack Lam, Director of Community Development ~~~~ SUBJECT: PROPOSED INTERIM ZONING ORDINANCE The proposed Interim Zoning Ordinance was continued to the meeting of January 7 in order for staff to evaluate proposed modifications by the City Council. Attached please find a listing of changes suggested by Council (see addendum). Below, staff has evaluated the more substan- tive changes and has provided comments and/or suggestions for Council's consideration: The page and section numbers relate to the same page and section numbers of the Council proposed changes attached to this report: Page 10 (b) (2) EFFECT: Oel etes density bonus Page 14 (G) CHANGE: The second section should instead read: .. The City Council sfiall approve or di'sa pprove the zone change and approve, modify or disapprove the development plan." REASON: The City Council cannot modify a zone change unless • readvertised and reheard at the Planning Conm;iss io n. Pages 25, "c6, 21 TAKE NOTE (POLICY CHANGE): Deletes all Director Review Voids Ordfna nce 19) and places all approval responsibility upon the Planning Commission. Conc- cil must recognize that additional items added to the Commission Agenda means more staff work and results in lengthening the r_eslea process for those items that do not now require Planning Commission review. If Council's intent fs to modify present policy, then it sfiould make the change but note the con- sequences of that policy change. If, however, Council's desire is to fiave notice of projects approved under Director Review, then staff sug- gests an alternate method of informing Council through the City Manager's Heekly of all staff reviews for the week. Cnu nc 11 may inquire about items that interest them. Note that all full Director's Reviews, although staff approved, are also reviewed by the Design Review Committee (which includes two Planning Commissioners). Leavf ng the section as is in the proposed Ordinance would reaffirm policy established by Ordinance 19. ._ I Proposed Interim Zoning Ordinance January 7, 1981 Page Two JACK 7AM, Director of Community Develognent JL: j k Rtach. Page 31 (17) (B) If the action agenda is acceptable notice, then Page 36 (9) (C) two days is workable but if it is a more elaborate notice, i.e., report, then two days is not enough time for preparation and advisement since Thursdays and Fridays are agenda days for the next meeting date either for the City Council of the Planning Commission as well as application notifications, minutes and follow-up filings. The action agenda would state the action the following day and any interest in the item can be discussed with the staff via telephone. Page 39 (7) (A) This section should remain as proposed since the Council must not by State Law modify a rezoning recommendation without a report from the Planning Conmfi ss ion and a rehearing. RECOMMENDATION: Staff reconmends City Council give direction regarding the proposed Council modifications and adopt first reading of the ordinance with the a pDro pr iate changes. Resp~c tfully s bmitted, i l~L • n C, J I ~~ ADDENDUM TO INTERIM ZONING ORDINANCE Page 5: (b) RCCESSORY USES PERMITTED: _ add: (1) Guest House (bathroom plumbing only). (1) becomes (2) (2) becomes (3j (3) becomes (4) Page 7: (b) PARKING REQUIREMENTS: add: (b) ASSESSORY VSES (1) ThOSe uses permitted pursuant to Section 61.019A (b). 6) PARKING REQUIREMENTS becomes (c) c) LOADING SPACE REQUIREMENTS becomes {d) (d) HEIGHT LIMITATIONS becomes (e) Page 8: (e) MINIMUM AREAS AND DIMENSIONS OF LOTS becomes (f) (fj FRONT YARD REQUIRED becomes (g} (g) INTERIOR SIDE YARD REQUIRED becomes (h) • (h) REAR YARD REQUIRED becomes {i) (i) DISTANCE REQUIREL' BETWEEN h1AIN BUILDINGS becomes (j) Page 9: (j) SIDE STREET YARD REQUIREL becomes (k) (k) OPEN SPACE REQUIRED becomes (1) Page 10: (b) (2) (2) The maximum density of a i+l armed Development project shall be determined by the general plan for the particular property. and-sha}}_neE-exeeed-Ehe densEE}es-as-}}sEed-6e}ews delete chart under (2) Page 13: (3) (A) (R) The applicant shall obtain city council app:oval foz establishmenc oe esEah}}sh a Homeowners' Association prior to the selling of any lot or occupancy of any dwelling unit. I ~~ Page 14: (6) If the Planning Commission recommended approval of the Development Plan and zone change, the City Council shall hold a public hearing on the Development Plan and zone change simultaneously. The City Council shall approve, modify or disapprove the zone change and Development Plan. If the Development Plan is not approved the City Council shall notify the applicant in writing of said decision. An approved plan shall 6e considered as part of the ordinance approving the zone change. Page 22: (3) (A) (IV) (IV) off-Site Parking Facilities: The City Planner may authorize not more than 59 io percent of the required parking fora use to be located on a site not rtrore than 250 feet from the site of the use for which such parking is required, where in his judgement such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use far which it is required. The City Planner may require such covenants and guarantees as deemed necessary to ensure utility, availability, and maintenance of such joint use of off-site parking facilities. Page 25: (n) (1) (A) • (A) In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, selected uses in certain zones are allowed only subject to Development Review, and in some instances to issuance of a permit authorizing a temporary use or a home occupation. Because of their site development requirements or operating characteristics, such uses require special consider- ation so that they may be located and operated in accord with the objectives of the zoning regulations and in a manner wholly compatible with uses on surrounding properties. The Development Review process is intended to afford an opportunity for review and evaluation of these requirements and characteristics, and to ensure adequate mitigation of any potential unfavorable impacts on nearby uses. To achieve these purposes, Ehe-6}Ey-Planner-er the Planning Commission, as-may-be-a~pliea9}er-are is empowered to review and evaluate the applicable circumstances pertaining to each use subject to Development Review, and to grant or deny applications therefore and to impose reasonable conditions upon such approval, subject to the right of appeal. r~ l~ 1 ~8' _i Page 26: (VI) The City Planner may require additional information or plans, necessary to enable complete analysis and evaluation of the application by the Planning Commission. The application shall be accompanied by a fee established by Resolution of the City Council. (3) (A) ~(A) NeE-mere-EhaR-3B-9ays-a€Eer-aeee~EaRee-e€-aR ayP}SeaEieR-€er-BevelerymeRE-Reviews-Ehe-6iEy-P}annex spa}}-aeE-aR-Ehe-aRRi€eaEieR:--}be-6SEy-P}annex-may grant-apRreva}-as-reenesfed-#R-Ehe-app}lea EieR.-er-may granE-appreva}-1R-a-meth€ieA-€erm-er-59b3eeE-Ee eeRdiEiensr-er-may-deey-Ehe-app}ieatieR. mhe city Planner shall review the application for Development Review and shall refer said application to the Planning Commission, along with reconmcnda tions and suggested conditions, if any, within 30 days of acceptance of the application for Development Review. CDndit10n5 may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; • requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the City Planner may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the 6ity-P}annex Planning comnissi on to make the findings required by Section 61.021g(n)5. Delete paragraph (B) Page 27: (5) (A) (A) ibe-6#Ey-P}aRRerr-er The Planning Commission i€ app}ieab}et shall make the following findings before granting approval pursuant to Development Review: (6) (A) (A) The decision of Ehe-6iEy-P;aRRerr-er the Planning Commission i€-app}ieab}eT shall be effective 14 calendar days after the date of the decision unless an appeal has been filed with the Planning-gemmi9sieR er the City Council i€-app}ieable: • I ~~ _4 Page 27: (7) (A) (A) A decision of tbe-E}ty-P}anger,-er the Planning Commission i#-ap€}ieab}e, may be appealed within 14 calendar days to the P}anniag-6e~a}ss4en-er City Council i€-aPp}ieab}e, by the applicant or any other person as prescribed in Section 61.0222. (B) (B) (B) A Development Review approval subject to lapse may be rer ewed by the Esty-P}anger Planning conmussion for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with the 6}Ey-P}anger- planning conmussion. ApP}i eatiens-ar#g}na}}y-a€preved-by-Eke 6i Ey-P}gager-way-be-erEended-by-Epe-6ify-P}apaer: If the application was approved by the Planning Commission, it may be extended by the Planning Commission. rf the application is appealed to the Ci [y Council, it may be extended by the City Council. Page 29: (3) (B) (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the city council ana Planning Commission and to the applicant prior to the public hearfng. Page 30: (8) (C) (C) The Planning Commission may grant or deny an application for renewal. If the application is appeaaed to the City Council, the City Council may gran[ or deny an application for renewal. Page 31: (11) (B) (B) The Planning Commission shall hold a Public Nearing within q0 days of such notification, fn accord with the procedure prescribed in Section 61.0219(0)3, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. ldithin }4-days two worxing gays following the date of a decision of the Commission revoking a Use Permit or location and development plan, the City Planner shall transmit to the City Council written notice of the decision. . The decision ~~ Page 5 • Page 32: (14) (B) (B) Application for a Conditional Use Permit may be made concurrently with an application fora change in zone boundaries including the same property, subject to the fee applicable for both a Conditional Use Permit and fora rezoning application. The Planning Comniss ion shall hold the public hearing on the zoning reclassifi- cation and the Conditional Use Permit at the same meeting and may combine the two hearings. Far the purposes cf this section, the date of the Commission decision on the Conditional Use Permit application shall be deemed to be the same as the date of enactment 6y the City Council of an ordinance changing the zone boundaries. ;-prev#ded-EhaE-#€-eke-Eeane#}-mad#€#es a-reeem~en9a Eien-e€-Eke-6eamiss#en-en-a-eeaing-re- e}asst€ieaE#ea;-Eke-bandit#ena#-Use-PermiE-a€p}ieatien ska}}-ke-reeensidered-ky-Eke-6emfn#ss #Bq-#n-Eke same-manner-as-a-new-apP}#eaEieR, Page 34: (3) (B) (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the city coancil ana Planning • Commission and to the applicant prior to the Public hearing. Page 36: Add (0) under (B) and (C) (D) If appealed to the City Council, the City Council may grant or deny an application far renewal. (g) (C) (C) Within }4-days two working gays following the date of a decision of the Commission revoking a Variance, the City Planner shall transmit to the City Council written notice of the decision. The decision shall became final 28 days following the date on which the Variance was revokes unless an appeal has been filed within the prescriL.d 14 day appeal period, in which case Section 61.0220(7) shall apply. Page 37: Delete paragrpah (3) (R) IV 131 Page 6 Page 38 (B) The City Planner shall application and shall shall be available to Commission and to the Hearing. (5) (B) make an investigation of the prepare a report thereon which the ci ey council ana Planning applicant prior to the Public • (8) In order to more properly accommodate these alternate zone classifications, the notice of public hearing shall indicate the alternate classifications, if any, which the Planning Commission er-GSEy-6etlne i} may consider. Page 39: (7) (A) (A) Not more than 40 days following receipt of the recommendation of the Planning Commission, the City Council shall hold at least one public hearing on the rezoning or change, provided that no hearing shall be held on a proposed rezoning or change which has been recommended for denial by the Planning Commission unless an appeal is filed by the applicant or any other person as prescribed in Section 61.0222. The hearing shall be set and notice given as prescribed in Section 61.0222. Within 21 days follooing the closing of a public hearing, the Council shall make a specific finding as to whether. the change is consistent with the objectives of this ordinance and with the General Plan. If the Council finds that the change is consistent, it shall introduce an ordinance amending the Zoning Map or zoning regulations, whichever is appropriate. if the Council finds that the change is not consistent, it shall deny the application or reject the proposal. TLeGpuacil shalt-neE may modify a recommendation of the P ing Commission on a rezoning qr change tlnitil-+4-hasmay reques tA~4~ P-- and cons ider~i report of the Commission on the l modification. Failure of the Commission to report within 30 days after receipt of the Council request shall be deemed concurrence. 13~ GTY OF RAI~'C1-IO Cl;G1MQVGA STAFF RFYORT • DATE: January 7, 1981 T0: ~ Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: Pro cased Revised Subdivision Ordinance All comments from Council Members and the City Rttorney have been received and incorporated into the Draft Revised Subdivision Or- dinance. All comments pertain to clarifications of wording and grammatical errors. The Planning Commission has conducted a number of public hearings regarding this ordinance and conducted several workshops where the Building Industry and others have participated in the development of the ordinance. Again, the Subdivision Ordi- nance is a comprehensive document that addresses the technical aspects of subdivision processing. It does not contain any standards nor design criteria. The Planning Commission recommends that the City Council approve the first reading of Ordinance No. d3-L ado pt ing a revised, comprehensive Subdivision OrPdina nce for Rancho Cucamonga. Resoec tful,iv Submitted, JACK LAM, Director of~~ Community Development -. . JL:,jk CITY OF RANCHO Cl'CAMOf~K,A STAFF REPORT • DATE: January 7, 1981 TO: ~ City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Agreement for Engineering Services for EDA Grant Application Attached for Council execution is an agreement for engineering services with L. D. King Engineering to prepare grant applica- tions, environmental assessment and employment justification. for Industrial Storm Drain Sd. These services are related to the EDA project currently rated number one for San Bernardino County. The total grant will range from $750,000 to $1,000,000 if approved in Seattle and Washington D. C. The agreement covers three phases involving three distinct stages of the application. Phase 1 is the project proposal Environmental Aasessment and empioyment data - Budget not to exceed $7,000 Phase II Pre-application submittal and review in Seattle - Budget not to exceed $5,000 Phase III Final application if pre-application is approved - Budget not to exceed $2,G00 The City will be able to evaluate the viability of the project at each phase prior to authorizing continuance. L. D, King was selected as the firm most experienced with EDA staff and procedures. The firm has been involved in more than 7 million dollars in grants. This item was conceptually approved at the previous meeting. ~3y STAFF REPORT Agreement for Engineering Services for EDA Grant Application January 7, 1981 Page 2 RECOMMENDATION Approve agreement and authorize $14,000 from storm drain funds to proceed with the project. Respectfully submitted, LBH:jaa Attachments • I c C Z ~ ~ ~ -~ ~ ~ ~°o ~ q w ~ - ~w:~':d= N C ~p Z ~ m C Z Z >-OG ~ ~ U q C Z t~. ~ ~ O W K O Z 2 W_ q w ~ VI U W J Q J ¢ 4 '~ LL N y k s ~~~ ~ u. O d ~ ~ p Q Z Z J W ~ LL * ' ~-T ~ ~ F N (n F U ~ W 'M \~~\\ ~ ~, W ~ U 00 O-~U ~( .I\ fir` ~ _. ._ ~ ~ WI \ ~ ' ~ n Q O ~ 2 C ~ \ r I~ 13.: 4rH~ ,'' ~ ~ , ~ ~ Si i\ T~~. ,~~ A33HJ AVO c\ I ~_y 1f~ ~\ ~~ ~ c°, ---~-- -- it /~..,~.~\,/7I \:'. -~~\ ~s........~ G I ..I ' man ~ .'~\\. T ~~\ ~ `~ ; `'. N 'd A'J1J ~I 1 W~ S ~ ~~IU15;Y3 "~G7 ~~~ ,O- ~ ~ ~ ~b _ N _ ` ~= ~, ~ \ \ L\~' `!.~\\\\~\\`~ ~>`i.~-~.\\~:~'~.__ --- - ~~_... , =-///`9991 ~~ I ~ ~I'I. N33N~ ~ Lf334 tee, ~l I ~i ..... ~• Y'J ~~1~ ~i Agreement far Consulting Services EDA Application and Supporting Documentation for Storm Drain Line 5d City of Rancho Cucamonga THIS AGREEMENT made and entered into this day of 1981, by and between the City of Rancho~amonga, hereinafter referred to as "CITY"; and L. D, KING, Inc., hereinafter referred to as "CONSULTANT". W I T N E S S E T H WHEREAS, LITY desires to prepare an application and supporting materials, requesting Economic Development Administration funding of storm drain line 5d; and WHEREAS, CITY considers CONSULTANT professionally competent to prepare the desired application and supporting materials; • NO'd, THEREFORE, it is mutually agreed by and between CITY and CONSULTANT as follows: 1. CONSULTANT agrees to provide the services, materials, and attendance at meetings as set forth in Consultant Agree- ment Description attached hereto and made a part of and hereinafter referred to as E%HIBIT "A". 2. CITY agrees to provide the assistance specified in EXHIBIT "A". 3. CITY shall reimburse CONSULTANT for services as described in E%HIBIT "A" and at the rates set forth in the Hourly Rate Schedule titled E%HIBIT "B" attached hereto. 4. CONSULTANT agrees to complete the appiication and supporting materials on the time schedule specified by CITY. 5. CONSULTANT agrees not to begin work on any task described in EXHIBIT "A" unless specifically authorized to do so by the C[TY. • I J / 6. CITY may terminate this Agreement upon providing ten (10) days written notice. Compensation for services rendered up to the date of termination shall be provided by CITY. CONSULTANT shall provide CITY with copy of all work completed up to the date of termination. IN WITNESS WHEREOF, Lhis Agreement has been executed on behalf of CITY by its officers thereunto duly authorized and by CONSULTANT on the date and year first written above. CITY OF RANCHO CUCAMONGA ATTEST: Mayor L. O. KING, INC. ity Clerk . ~~ • Carl J. Freeman, Senior Vice Pres. • 3`~ E%HIBIT "A" CONSULTANT AGREEMENT DESCRIPTION EDA APPLICATION FOR FUNDING STORM DRAIN LINE 5d I. SERVICES DESIRED A. Phase I. Pra.iect Definition, Early Information System Project Profile, Environmental Rssessment 1. Review project objectives with City and San Bernardino County Economic Development Department to specify goats, identify specific issues and areas of concern, and identify areas of responsibility and support. 2. Analyze and assess EDA concerns and processing requirements. 3. Prepare Early Information System Project Profile. n u a. Form D1100-T Profile. b. Preliminary Engineering Report. c. Detailed Cost Breakdown. d. Preliminary Environmental Assessment. • 4. Prepare Supplemental Environmental Assessment. a. Complete City of Rancho Cucamonga Environmental Assessment forms. b. Prepare expanded environmental baseline and impact assessment. c. Formulate and analyze mitigation measures and project alter- natives. d. Submit Environmental Assessment to City for reviews. 5. Prepare project justification documentation, including demo- graphic analysis and identification of poverty pockets (based on trip to work times). 8. Phase II. Preliminary Application for EDA Funding 1. Prepare EDR Public Works Preliminary Application and required exhibits. 2. Meet with City and San Bernardino County Economic Development Depa rLnent to discuss preliminary application. • 135 • 3. Revise preliminary application and exhibits as per City and County comments, and submit to EDA. 4. Revise preliminary application and exhibits as per EDA comments. C. Phase III. Final Project Application 1. Prepare Final Project Application and submit to EDA. II. CITY ASSISTANCE CITY shall provide copies of draft Rancho Cucamonga General Plan and Environmental Impact Report, draft Industrial Area Specific Ptan and Environmental Impact Report, and all other Environmental Impact Reports which have been prepared for CITY and are relevant to the proposed storm drain lines. III. COMPENSATION CITY shall compensate CONSULTANT for work performed on a time and materials basis at the rates set forth in the attached rate schedule noted as Exhibit "B". Project costs are estimated to be as follows: A. Phase I $7,000.00 • B. Phase II $5,000.00 C. Phase III: $2,000.00 D. A11 reimbursable expenses such as blueprint, photo reproduction, xerox, printing, and mileage will be compensated by CITY at CONSULTANT'S cost plus 15%. IV. MATERIALS CONSULTANT shall provide fifteen (15) copies of the Early Information System Project Profile, Supplementary Environmental Assessment, project justification documentatfon, Preliminary Application for EDA Funding, and Final Project Report. CONSULTANT shall, in addition, submit copies of all work products to EDA as required. V. STAFF LONSULTANT shall provide the following staff to this project: Carl J. Freeman as Principal in Charge, Lloyd Zola as Planning Project Manager, and John Feens tra as Engineering Project Manager. • (v EXHIBIT "B" L.D. KING, INC. RATE SCHEDULE August 1, 1980 Principal .............................................. $ 66.00/hour Division Director ........................................ $ 58.00/hour Project Manager (Engineedng and Planning) .............. . .... $ 49.00/hour Map Calculator/Project Engineer ........ .................... $ 42.00/hour Design Engineer ........................................ $ 40.00/hour Project Planner ......................................... $ 38.00/hour Designer .............................................. $ 36.00/hour Drafter/Conshuction Inspector ............................. $ 33.00/hour Planner/Drafter ........................................ $ 29.00/hour • Technician ............................................ $ 22.00/hour • Production Typist ....................................... $ 20.00/hour 3-Man Survey Crew ..................................... $112.00/hour 2-Man Survey Crew ..................................... $ 92.00/hour Above rates will be surcharged $7.00 per terminal hour for computer aided design. Computer drafting shall be charged at the rate of $1.65 per plotter minute. Use of company or employee vehicle for pickup, delivery, or extraordinary trips will be charged at $0.25 per mile. Printing will be charged at direct cost plus 15%. NOTE: Hourly rates are subject to change August 1, 198], pending a neu~ labor agreement with Operating Engineer's Local 12. • ~. - STAFFvREPORT .~ DATE: January 7, 1981 T0: City Council and City Manager FROt4: Lloyd R. Hubbs, City Engineer SUBJECT: Agreements for Engineering Services Related to Bridge Over Demens Creek and Drainage Improvements at Church Street at Center Avenue Attached for Council execution are agreements for Engineering Services for the design of a pedestrian and equestrain bridge over Demens Creek at Jasper Street and storm drain improvements on Church Street just east of Center Avenue. The agreements are with Associated Engineers with not to exceed budgets of $7,000 and $6,100 respectively. `J Both projects involve substantial coordination with the Flood Control District. Project Manager, Jim Rindig was previously with the Flood Control District and is highly qualified for these projects. These services will be paid from storm drain design services budgeted this year. Both projects are relatively inexpensive, cost effective improvements which have been requested by members of the community. It is expected that both projects would be budgeted for construction during the coming fiscal year. RECOMMENDATION Council approve the attached agreements with Associated Engineers and appropriate $6,100 from storm drain fees and $7,000 from systems development fees. • Respectfully submitted, ~~ ~` ~y~ JJ LBFl:jaa Attachments I I oG • AGREEMENT FOR ENGINEERING SERVICES This agreement is made and entered into this day of 1981, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "CITY", and MILLS AND LILL ASSOCIATED ENGINEERS INC., duly licensed engineers of 316 East 'E' Street, Ontario, California, 91764, hereinafter referred to as "ENGINEER". WITNESSETH: WHEREAS, the CITY has need for engineering services, con- sisting of the preparation of improvement plans, specifications, estimates and other professional services for an EQUESTRIAN BRIDGE ACROSS DENENS CHANNEL NEAR JASPER AVENUE, herein referred to as "PROJECT". • WHEREAS, the CITY has invited the ENGINEER to provide re- quired engineering services for the CITY; WHEREAS, the ENGINEER has specialized knowledge, training and experience in such design and construction; AND, WHEREAS, the ENGINEER indicates willingness to perform engineering services for the CITY under contract. NOtJ, TF{E BEFORE, the CITY and the ENGINEER, for the consider- ations hereinafter named, agree as follows: ARTICLE I The ENGINEER agrees to furnish and perform tha various professional services, pertinent to preparation of said Plans ' and S;,ecifications and Cost Estimates as follow: -1- ~3 A. Preliminary and Final Design 1. Perform all necessary field surveys to determine existing culture, topography and elevations and to establish construction control, within the project limits. 2. Recommend a design for a bridge and appurtenances, construction of which shall comprise PROJECT. 3. Submit such recommendation to CITY and County Flood Control District ("Flood Control") for approval, which approval shall include Flood Control's per- mission to construct PROJECT on Demens Channel right- of-way and permanent arrangements for its maintenance upon completion. ' 4. Prepare plans, contract documents, specifications • and quantity estim~~:es. 5. Submit design plans to CITY for plan check and review. 6. Make necessary plan and specification revisions to meet CITY approval. 7. Upon receipt of bids, ENGINEER shall analyze bids and make recommendation on award of contract. B, Construction 1. At the option of the CITY the ENGINEER shall provide all required construction staking when authorized by • the City Engineer. -2 1 • 2. ENGINEER shall be available for consultaion during construction on any needed plan revisions. 3. Make recommendation on contract change orders. C. Reproduction Original tracings shall become property of the CITY upon completion of this contract. Costs for repro- duction of plans and specifications will be borne by the CITY at the direct costs of reproduction. ARTICLE II - The CITY agrees to pay the ENGINEER, as compensa- tion for the above named professional services: A. For all items listed in Section A of Article I, the CITY will compensate the ENGINEER at the hourly rates attached • as Exhibit "A". The total of these hourly charges shall not exceed $7000.00 provided the work is completed by July 31, 1981. On August 1, 1981 all hourly rates listed in Exhibit "A" may increase. Since the scheduling and com- pletio.^. of the work is not exclusively within the control of the ENGINEER the maximum total hourly charges allowed shall be increased on August 1, 1981 by the product of the amount remaining multiplied by the percent increase in hourly rates. B, For all items listed in Section B, of Article I provided the CZTY elects to authorize such wczk, the CITY will compensate the ENGINEER at hourly rates in accordance with said Exhibit "A", or at the hourly rates in effect when the work is done. • C, For Section C, of Article I and for any other prints or documents the CITY will compensate the ENGINEER for di- rect cost per Section C of Article I. -3 1 1JJ~ D. The ENGINEER will submit with his billing, a monthly sum- mary of the hours worked by each classification. . ARTICLE III If the work is suspended indefinitely or abandoned prior to completion of the Engineering Services set forth in this agreement, the CITY agrees to pay the ENGINEER, at the rates set forth in Article II above, to the time of said suspension or abandonment, which payment is to be the full and final settle- ment for all the work performed by the ENGINEER to said time, and such work shall become the proparty of the CITY upon said payment. ARTICLE IV - All terms, conditions and provisions hereof shall inure to and shall bind the parties herein, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this • agreement the day and year first above written. CITY OF RANCHO CUCAMONGA By: Mayor By: City Clerk MILLS AND LILL AyS~S/O~C IA%TE//D/J~ENGINEERS, INC. BY : :~'~~f %C X~J President APPROVED AS TO FORM • City Attorney, Rancho Cucamonga -a- 1'.~ Associated Engineers CONSULTING CIVIL ENGINEERS ti. SAN BERNARDINO OFFICE 1806 S. COMMERCENTER EA57, SUITE 2G4A SAN BERNAROINO, CA. 92408 (714) 889-0491 EXHIBIT "A" HOURt-V FATES (Effective 8/1/80) Principal Regi slered Civil Engineer Senior Airport Engineer Senior Registered Civil Engineer Principal Licensed Land Surveyor Associate Civil Engineer Associate land Planner Registered Civil Engineer Senior Designer/Draftsman Desi 9neri Drahsn:an Draftsman Engineering Aidc Varityping Key Punch Operator Secretarial 3-Man Survey Party 2-Man Survey Party 3-Man Survey Party with Electronic Distance Measuring EquiV• 2-P.tan Survey Party with Electronic Distance Measuring Equip- $60.00 per hour $55.00 per hour $48.00 per hour $48.00 per hour $42.00 per hour $42. D0 per hour $38.00 per hour $35.00 per hour $32.00 per hour $30.00 per hour $20.00 per hour $26.00 per hour $19.00 per hour $19.00 per hour $112.00 per hour $90.00 per hour $12I .00 per hour $100.00 per hcur These hourly roles do not include printing costs which are billed at cost or Fees Vaid to Governmental agencies or others. MAIN OFFICE: 316 EAST "E" STREET ONTARIO, CA. 91764 014) 986.5818 PLANNING DESIGNING SURVEYING 1~~ AGREEMENT FOR ENGINEERING SERVICES This agreement is made and entered into this day o£ 1961, between the CITY OF RANCHO CUCAMONGA, a Municipal Corporation, hereinafter referred to as "CITY", and MILLS AND LILL ASSOCIATED ENGINEERS INC., duly licensed engineers of 316 East "E" Street, Ontario, California, 91764, hereinafter referred to as "ENGINEER". ' WITNESSETH: WHEREP.S, the CITY has need for engineering services, cen- sisting of the preparation of improvement plans, specifications, estimates and other orof essional services for DRAINAGE ID7PROVE- • MENTS ON CHURCH STREET NEAR CARTILLA AVENUE, herein referred to as "PROJECT". WHEREAS, the CITY has invited the ENGINEER to provide re- quired engineering services for the CITY; WHEREAS, the ENGINEER has specialized knowledge, training and experience in such design and construction. AND, t4HEREAS the ENGINEER indicates willingness to perform engineering services for the CITY under contract. NOW, TlIE P,EFORE, the CITY and the ENGINEER, for the consid- era bons hereinafter named, agree as follows: ARTICLE I The ENGINEER agrees to Furnish and perform the various professional services, pertinent to preparation of said Plans and • Specifications and Cost Estimates as follow: _1 I 1 D A_ Preliminary and Final Design • 1. Perform all necessary field surveys to determine existing culture, topography and elevations and~to establish construction control, within the project limits. 2. Perform study of drainage and recommend modification of existing improvements and/or new construction which shall comprise PROJECT. 3. Submit recommendations to CITY and County Flood Con- trol District (Flood Control) and obtain their ap- proval, which shall include Flood Control's permis- sion to connect to Church Street Storm Drain or Church Street Hasin. 4. Prepare 'plans, contract documents, specifications and quantity estimates. • 5. Submit design plans to CITY and Flood Control for plan check and review. ~J 6. Make necessary plan and specification revisions to meet CITY and Flood Cont rol's approval. 7. Upon receipt of bids, ENGINEER shall analyze bids and make recommendation on award of contract. B. Co; <truCtion 1. At the option of the CITY the ENGINEER shall provide all required construction staking when authorized by the City Engineer. 2. ENGINEER shall 6e available for consultation during construction on any needed plan revisions. 3. Make recommendation on contract change orders. -2- T / C. Reproduction • Original tracings shall become property of the CITY upon completion of this contract. Costs for repro- duction of plans and specifications will be borne by the CITY at the direct costs of reproduction. ARTICLE IZ - The CITY agrees to pay the ENGINEER, as compensation for the above named professional services: A. For all items listed in Section A of Article I, the CITY will compensate the ENGINEER at the hourly rates attached as Exhibit "A". The total of these hourly charges shall not exceed $6100.00 provided the work is completed by July 31, 1981. On August 1, 1481 all hourly rates listed in Exhibit "A" may increase. Since scheduling and com- pie ^ccn of the work is not exclusively within the control of the ENGINEER the maximum total hourly charges allowed • shall 6e increased on August 1, 1981 by the product of the amount remaining multiplied by the percent increase in hourly rates. B. For all items listed in Section B, of Article I, provided the CITY elects to authorize such work, the CITY will compensate the ENGINEER at hourly rates in accordance with said Exhibit "A" or at the hourly rates in effect when the work is done. C. Foz Section C, of Article I and for any other prints of documents the CITY will compensate the ENGINEER for di- rect cost per Section C of Article Z. D. The ENGINEER will submit with his billing, a monthly . s urunary of th e hours worked by each classification, the hourly rate, and the total charges for each classification. -3 • ARTICLE III If the work is suspended indefinitely or abandoned prior to completion of the Engineering Services set forth in this agreement, the CITY agrees to pay the ENGINEER, at the rates set forth in Article II above, to the time of said suspension or abandonment, which payment is to be the full and final settle- ment for all the work performed by the ENGINEER to said time, and such work shall become the property of the CITa upon said payment. ARTICLE IV - All terms, conditions and provisions hereof shall inuze to and shall bind the parties herein, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY D° RANCHO CUAMONGA By: Mayor By: City Clerk MILLS AND L LL ASSOCIATED ENGINEERS, INC. J By: - President APPROVED AS TO FORM City Attorney, Rancho Cucamonga r1 lJ -G- ? 5/ _ Associated Engineers CONSULTI NG CIVIL ENGINEERS SAN BERNAROINO OFFICE 1908 S. COMMERCENTER EAST, SUITE 204•A • SAN BERNAROINO, CA. 92408 (714) 969-0491 EXHIBIT "A" HOURLY RATES (Effective 8/1/80) Principal Registered Civil Engineer Senior Airport Engineer ~ $60.00 per hour Senior Registered Civil Engineer $55.00 per hour Principal Licensed Land Surveyor $48.00 per hour Associate Civil Engineer $48.00 per hour Associate Land Planner $42.00 per hour Registered Civil Engineer ~ $42.00 per hour Senior Designer/Draftsman $38.00 per hour Designer/Draftsman $35.00 per hour Oraf:sman $32.00 per Hour Engineering Aide $30.00 per hour • Varityping $20.00 per hour Key Punch Operator $26.00 per hour Secretarial $19.00 per hour $19.00 per hour 3-Man Survey Party 2-M,an Survey Party $112.00 per hour J-Man Survey Party with Electronic Distance Measurin E ui $90.00 per hour ' $ 2-t tan Survey Party with Electronic Distance Measurin E i 121'00 per hour p. g qu $100.00 per hour These hourly vales do not include printing costs which are killed at cost or fees paid to Governmental agencies or others. • MAIN OFFICE: 318 EAST "E" STREET ONTARIO, CA, 91764 (714) 966.5618 PLANNING DESIGNING SURVEYING ~~~ CITY OF RAI~CEIO CI;CAMOi\Y;A STAFF REPORT • 4~i C~ F ~~ ~.. U 1977 DATE: January 7, 1981 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Storm Prepardedness Enclosed under separate cover is a copy of the City's Storm Procedures Manual outlining the normal procedures for four levels of storms which can be experienced in the City. The fourth level of storm would be similar to that experienced during last year's disastrous flows. We are currently finishing up the nearly $500,000 of storm repairs caused by last year's rains. At the Council meeting, we will show siides of many of these repairs as well as last • year's damages. One of the main problems in terms of health and safety during last winter's disaster was the failure of people to recognize and obey signing and of course, the loss of a child's life on Sapphire Street. In order tc help prevent these problems, the Community Services Department will spear head an effort to provide a public information program to educate new residents and the parents of children as to the potential hazards under severe storm conditions. Apart of this program is contained in the current edition of the Grapevine, the remainder will involve an information program through local schools and a compaign with the local press. Bill Holley will also make a brief presentation on this me tter at the meeting. Respectfully ubmitted, ~~~~_~~ LEIi: j as Enclosure: Storm Procedures Manual • r ~~ STAFF REPORT DATE: January 7, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Request for Approval of Engineering Technician (Trainee) Position Attached for Council review is a request from the City Traffic Analyst to retain one permanent Engineering Traffic Technician to function full-time in the traffic section of the Engineering Division. The Council will recall that this year's budget allocated $18,000 to retain four Bart-time Engineering Aides. We current- ly have three aides on staff working 40 to 80 hours a month on various Engineering projects but primarily traffic engineering and O.T.S. Grant programs. To date, ,43,324.82 has been expended of the aide budget. The remaining budget is sufficient to retain two aides working 70 hours per month. All of the aides currently on staff have proven to be extremely bright, efficient and cost effective employees. In order to remain effective and to assist in the future stability of the Engineering Division, it is extereme ly positive to be able to promote these employees into permanent positions and allow their responsibilities to grow within the City. The current request is to transition one aide to the position of Engineering Technician Trainee. Addition of this position would create a new permanent position which would continue with future budget years. The financial commitment for this fiscal year would 6e $8,940 with a regular annual commitment of approx- imately 518,000. This year's cost would be drawn from salary savings as outlined in Terry's memo. The Traffic Analyst's memo spells out in detail the work load requirements in the traffic section and the duties which would be performed under this position. Also the qualifications of Tom Kelber, the selected employee. u I ~~ STAFF REPORT Request for Approval (Trainee) Position January 7, 1981 Page 2 of Engineering Techniciam RECOMMENDATION It is recommended that the Council approve the creation of an additional Engineering Technician Trainee position to be funded from a $9,000 transfer from Salary savings within the Engineering Division. Respectfully submitted, LBH:jaa Attachments • IS,r u CITY OP Rr>,NCHO CUCAMONGA MEMORANDUM DATE: Cecember 19, 1980 T0: Lloyd B. Hubbs, City Engineer FROM; Terry Nemer, Traffic Analyst SUBJECT: Engineering Technician (Trainee) The workload of the Traffic division of the Engineering Deparbnent has been increasing on a steady basis since Spring, 1980. The Traffic divi- sion now has responsibility for management of the O.T.S. Grant transpor- tation planning and general traffic operations, rather than O.T.S. Grant related work only. Due to the increased workload, I am requesting to hire a full time Engi- neering Technician (Trainee). Presently two part-time Engineering Aides are employed in the Traffic division on a half time basis. Tom Kel ber, empioyeo as an Engineering Aide, is extremely competent in his present capacity and is capahle of handling increased responsibility and more difficult task as si9nments. I feel that by promoting Tom to Engineering Technician (Trainee) on a full time basis, the Traffic division will bene- fit considerably from his full time work schedule and his increased respon- sibility. The second Engineering Aide will be retained 6y the Engineering Department and will assist the Traffic division one-quarter time and assist in general Engineering work one-quarter time. The attached job descriptions are breakdowns of work assignments of Lhe Engineering Technician (Trainee) and the Traffic Analyst on a weekly basis. Also attached is a financial breakdown for the Engineering Technician's (Trainee) salary which is proposed to come from salary savings from unfilled positions as shown. The position is requested to be effective January 8, 1931. Thanks, Til : j as Attachments • ~"11 /f Request: Engineering Technician (Trainee) Funds: To be obtained from Public Works Inspector, Assistant Engineer and Associate Engineer. Salary savings as follows: Salary Savings from Unfilled Positions Position Salarv Fringe Total Assistant Engineer $70,417 $2,448 $12,865 Associate Engineer 11,280 2,651 13,931 Public Works Inspector 7.458 7,753 9,211 Total $29,155 $6,852 $36,007 Salary savinys are computed through December 14, 1980. They represent a conservative estimate of savings to date. • Total Salary Savings $36,007 Savings Previously COnmitted 13,500 Remaining Savings $22,507 Proposed Position Salary Fringe Total Engineering Technician (Trainee) $ 1,090 $ 400 $1,490 Total Cost (6 t4onths) 6,540 2,400 8,940 Present Salary Savings $22,507 Proposed Position g,9gp Remaining Savings $13,567 • (J .~ ENGINEERING TECHNICIAN TRAINEE Duties and Responsibilities • Description Time Per Week Traffic Counter Program 4 Hours 1. Set traffic counters to obtain ADT 2. Contact Landowners for permission to place counters on private property (special study) 3. Collect and code data for ITS special study Speed Survey Program 2 Hours 1. Conduct Surveys 2. Compile information Drafting 7 Nours 1. Speed survey farms 2. TCDI 3. Other drafting as needed Collision Diagrams 2 Hours 1. Update existing diagrams 2 Prepare new diagrams 3. Revise diagrams which have accidents from 1977 Accident Reports 3 Hours 1. Read reports 2. Complete listing 6y major street 3. File accidents TCDI 10 Hours 1. Field Work 2. Code information (with Traffic Analyst) l~D Engineering Technician Trainee Duties and Responsibilities Page 2 Accident Analysis 2 Hours 1. Identify accident locations 2. Propose changes 3. Reports Pavement Marking Demo Project Grant 2 Hours 1. Collect information 2. Assist in writing grant Transition Markings Project 2 Hours 1. Collect information 2. Write work orders (with Traffic Analyst) Street Name Sign Project 2 Hours 1. Collect information • 2. Determine signs needed 3. Write work orders Traffic Committee meetings 1 Hour 1. Collect information 2. Attend meetings 3. Assist in writing reports Miscellaneous 3 Hours Includes increases in time spent in above duties and additional assignments as needed TOTAL HOl1RS 40 Hours e I~ TRAFFIC ANALYST Duties and Responsibilities Description Time per Week Supervisory 10 hours 1. Traffic Count Program 2. Speed Survey Program 3. Street Name Sign Program 4. Grafting 5. Accident Reports and Diagrams Write Grant Proposals 3 hours 1. Transportation Planning Grant 2. Pavement Marking Demonstration Program Grant 3. Sidewalks and Bikeway Project Grant 4. Other Grants as needed • Attend Meetings 5 hours 1. DiA Ground Access Study 2. SANBAG 3. Traffic Committee Meetings 4. TTAC 5. Others as needed Accident Analysis 2 hours 1. Review Collision Diagrams 2. Field Work 3. Analysis and Reports 4. Write 'dork Orders Transportation Planning 5 hours 1. Revi e~~+ of Literature 2. 'dri tc fro nt Proposal 3. Implement Program 4. Data Analysis 5. Reports /~ Reports 2 hours 1. Traffic Conmittee Reports 2. OTS Monthly and puarterly Reports 3. Special Reports as needed Traffic Signals 2 hours 1. Maintenance 2. Observation Traffic Problems--Special studies 2 hours 1. Coordination with Aide 2. Analysis 3. Remedistion Public Contact (Traffic Concerns, Transportation 2 hours Planning, Special Studies) 1. Telephone Calls 2. Meetings 3. ;lritten Correspondence • TCOI 3 hours 1. Field Work 2. Analysis 3. Work Orders for Upgrading TCO's Transition Checks 2 hours 1. Field 41ork 2. Analysis 3. Work Orders for Improvenents Miscellaneous 2 hours 1.Perform traffic engineering services as needed. TOTAL HOURS 40 hours l~l ~. AMERBaGGIS-~74-F ZDNTNG"UROi'l1ANCE RESIDENTIAL, PLANNED DEVELDPMENT AND PARKi NC, SEGT38NS R-1 Oistr ict Page 1 ZONING CODE 61.024A R-1 DISTRICT 61.024A ~ The following regulations shall apply in R-1 Single-family Residence Districts: (a) GENERAL USES PERMITTED: (1) One-family dwelling on each lot. (2) Truck gardening, tree farming, nurseries and greenhouses used only for the propagating and cul tiva ti nq of plants, provided that: (A) Retail sale from the premises of such products or comodities raised on the property shall be permitted only on lots having an area of at least twenty-thousand square feet, excluding retail nursery and sale of livestock, poultry and rabbits. (3) Small livestock, cows, goats and fowl may be kept on areas of five (6) acres or more prior to residential use, subject to the following limitations: (A) One (1) cow or two (2) goats for each one (1) acre in area of the parcel of land on which the same are kept, or one-hundred (100) fowl for each one-quarter (;) acre in area of the parcel of land on which same are kept; and further that such animals or fowls be kept at least fifty (60) feet from front property line, and seventy (70) feet from buildings used for human habitation, public parks, schools on adjoining lots or parcels, (4) Cats and dogs. Not to exceed the keeping of two (2) cats and/or two (2) dogs. (6) Public and private uses as follows shall be permitted if a conditional use permit is approved, as provided in Sec tf on 61.0219(0). (A) Civic or comnu nity clubs. (6) Country clubs, including the incidental serving of alcoholic beverages, together with golf courses, excepting miniature courses and similar commercial enterprises. (Am. Ord. 1413.2/26/68) (C) Fire and police stations. (D) Schools, excluding colleges or universities. (E) Churches, excluding rescue missions or temporary revival. (F) Cemeteries. (G) Museums not operated for profit. (N) Parks and playgrounds. (I) Electrical distribution substations. (1413.2/26/68) (J) Social Care Facilities fora total of seven (7) or more persons, excluding operator, operators, family and/or staff. (K) Conference Center, including incidental serving of alcoholic beverages. (Am. Ord. 1413.2/26/68) (L) Lakes Private. (b) ACC ESSDRY USES, BIIiLCt NGS AND STRUCTURES PERMITTED: (I) Guest house (bathroom plumbing only). (2) Private garage wi [h space for maximum of four (4) cars. (3) Home occupation pursuant to Ordinance 72 of the City of Rancho Cucamonga. (4) The keeping of horses (private stables) on lots of twenty- thousand (20,000) square feet and over in area. The number of horses permitted on any lot or parcel being limited to one (1) horse for each R-1 District Page 2 61. A ten-thousand (10,000) square feet of lot area up to a total of six (6) horses. An educational animal project shall be permitted as a substitute for horses. The following number of animals shall be permitted as a project: MAY,IMUM PERMITTED ANIMALS NUMBER One bovine per 20,000 sq. ft. or .... .........3 Two calves per 10>000 sq. ft. or ... . ... .. .. ..9 Two sheep per 10,000 sq. ft. or ..... .........9 Two goats per :0,00^ sq. ft, or ..... .........9 Combinations of the above-listed animals shall be permitted provided the total density shall not exceed that herein specified, except in the case of young animals born to the project animal, which may be kept in the R-1 District until such animals are weaned. The keeping of an educational animal project shall be subject to the following: A permit issued by the Department of Comm ni ty Development as provided on forms available in the Planning Division Office. The educational animal project shall be kept only on an improved and occupied lot or parcel. "Educational Animal Project" for the purposes of this provision shall mean an animal-husbandry activity which is part of an educationally oriented youth program or organization. (A) Such animals shall be kept at lease seventy (70) feet from buildings used for human habitation, public park, school, hospital or church buildings on adjoining lots or parcels, and shall maintain a clearance of at least five (5) feet from interior side and rear property lines and fifteen (15) feet from side street rights-of- way, excepting an alley or bridle path, unless the animals are confined by a five (5) foot chain link fence or a five (5) foot wood fence with horizontal members no more than six (6) inches apart. Which fence may be located on an interior side or rear lot line and fifteen (15) feet from a side street right-of-way. The area of human habitation shall not include cabanas, patios, attached or detached private 9a rages or storage huildings. EXCEPTION: Those parcels of land upon which a use of keeping and maintaining a horse, or horses, has been established prior to the date of construction of a building used for human habitation located on a neighboring parcel, regardless of any other provisions of this Code, shall have applicable to them a nonconforming use right pursuant to Section 61.0219(e). Such nonconforming use right shall be only that a horse or horses may be kept at a minimum of fifty (50) feet from buildings used for human habitation on adjoining lots or parcels providing the following are complied with: (I) Shall maintain a clearance of at least five (5) feet from interior side and rear property lines. (II) Sha 11 maintain a clearance of fifteen (15) feet from side street rights-of-way, excepting an alley or bridle path. (III) Fencing located within the seventy (70) foot setback area pursuant to Section 61.024A(b)(5)(A) which is used specifically for the confining of horses shall be five (5) feet in height and constructed of solid wood, masonry or other appropriate screening materials. Otherwise the fencing and the keeping of horses shall comply with Sections 61.024A (b)(5)(B) and 61.024A(h)(5)(C). R-1 Disu . c~.uwH Page 3 (B) The location of corrals, fenced enclosures, barns, stables, stalls and similar enclosures used to confine horses shall conform to the clearances as set forth in paragraph (A) above the Section 61.0219(k). Street Setback Regulations. Whenever the words "keeping" or "kept" are used in this section, it shall mean and include maintaining, grazing, riding, leading, exercising, tying, hitching, stabling and allowing to run at large. The foregoing, however, shall rot preclude the riding or leading of horses to or from the premises in order to gain access to a bridle path, alley or street. (C) Fences shall maintain a height of at least five (5) feet and shall be of such construction as to preclude the escape of (5) A temporary sales office may be located in a subdivision developed in accordance with the Subdivision Code, subject to a valid temporary occupancy permit. Said sales office may be used only for conducting the necessary activities related to the initial sale or initial lease of the land and/or structures located within the subdivision in which the sales office is located, or such adjacent subdivisions that are a part of or a continuation of the same development. Prior to the establishment of such sales office, an application for temporary occupancy permit shall be filed with the Planning Division. After receipt of such application, the City Planner shall issue a valid temporary occupancy permit far a period not to exceed twelve (12) months from the date of approval of the temporary occupancy permit. Extensions of time far a maximum of twelve (12) more months may be granted by the City Planner, providing the following conditions are met: (A) Application for extension and a payment of the required filing fee, as established by a City Council, must be filed prior to the expiration of the temporary occupancy permit. (B) The applicant must show that circumstances beyond his control have caused unusual delays. (C) The City Planner determines that the continued use of the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood, The temporary occupancy permit shall be permanently displayed in the sales office. The temporary occupancy permit may be subject to such conditions as the City Planner may require which will assure that at its expiration, the sales office will be removed and the premises restored to a condition in compliance with the provisions of the zone in which it is located. (6) Social Care Facilities that will accomoda to up to and including six (6) cared -for persons, excluding operator, operators, family and/or staff. (c) SIGN REgUIREMENTS: See Ordinance 65. (d) PARKING REQUIREFIENTS: Automobile parking requirements as provided in Section 61.0219(b), (e) HEIGHT LIMITATIONS: Building or structures and the enlargement of any buildings or structures shall be hereafter erected or maintained not to exceed two and one-half (2';) stories or thirty-five (35) feet in height. R-1 District 61. ~A Page 4 61.0246 (f) t4INIML'M AREAS AND DIMENSIONS OF LOTS: Lot Size (in sq. ft.) (in ft.) (in ft.) Setbacks (in feet) Lot Size Corner Min. Min. Front Side Street Rear % (in sq.f t.) lot Width Depth Yard Yard Side Yard Yard Cover 7200-8500 70 60 100 25 5/10 15 20 40 10000-15000 80 80 100 25 5/15 IS 25 30 20000 100 90 135 3n ** 15 35 25 (1 AC) 43>560 120 120 160 30 20/20 20 40 25 **15' on one side with both setbacks to average 25' but in no case be less than 5'. A71 dimensions are to be measured after dedications have been cu btrac ted in accordance with the adopted circulation Element Plan map and the City Engineer. (1) Each lot or parcel on a dead-end street, cul-de-sac, or on a curved street lot width at the required front yard shall meet the minimum lot width of the zone. (2) Where a minimum area requirement greater than the seven- thousand-two-hundred (7,200) square feet required in requested and established in the district, it sha 17 be designated by a number following the district designation symbol, numbers less than one-hundred (100) indicating acres, and numbers more than one-hundred (100_) indicating minimum square feet of area required per lot. (3) Lot coverage shall include all buildings and accessory buildings and structures. (4) A forty (40) percent reduction in the required front yard for the dwelling may be allowed on one-half (%,) of the tots within a subdivision so long as the minimum setback frcm the ultimate right-of- way or property tine is twenty (20) feet to the 9a rage or carport. (5) On each lot within the R-1 zone there shall be a 10' side yard free and clear to Lhe sky with less than 2Y slope. (6) The minimum tot width on a cul-de-sac, knuckle or rurved frontage lot shall be (40) forty feet. (7) Variable lot sizes may be permitted, less than the minimum square footage of the zone, on twenty-five (25) percent of the lots within a subdivision, however in no case shall variable lot sizes be reduced below the minimum in the R-1-20000 or R-1-1 zones. [n all cases Lhe minimum lot widths and depths shall be met. 61.0248 HELD IN RESERVE R-2 District 61.i wu Page 5 (NEW) 61.024D R-2 DISTRICT The following regulations shall apply in R-2. Twr family Residence Districts: (a) GENERAL USES PERMITTED: 61.024 A(aj(q) dame as R-1 District (Section 61.024 A(aJ(1) through (2) Two-family dwellings or two one-family dwellings of a permanent nature on each lot. (3) Public and private uses, as allowed by Section 61.024A(a)(6), shall be permitted if a conditional use permit is approved as provided in Section 61.0219(0). (A) Mobilehome parks on parcels of ten (10) acres or more with a maximum density of six (6) units per acre. The Planning Commission, in approving a conditional use permit, shall designate such lawful conditions in connection therewith as will require that the Mobile home park be compatible with the adjacent low-density residential uses. These conditions may include, but not be limited to: (I) The provisions of comparable street setbacks to those existing on adjacent residential properties. (II) Provide for the completion of stubbed-off streets from adjacent residential subdivision. (III) Provide for the diversion of mobilehume park drainage away from the adjacent residential developments; (IV) Provide for the diversion of mobilehome park automobile traffic away from adjacent residential deveiopments. (V) And such conditions as will make possible the development of the neighborhood in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section. (b) ACCESSORY USES PERMITTED: (I) Guest House (bathroom plumbing only). (2) Private garage with space fer maximum of 4 cars. (3) Home Occupation pursuant to Ordinance 72 of the City of Rancho Cucamonga. (4) A temporary sales office may be located in a subdivision developed in accordance with the Subdivision Code, subject to a valid temporary occupancy permit. Said sales office may be used only for conducting the necessary activities related to the initial sale or initial lease of the land and/or structures located within the subdivision in which the sales office is located, or such adjacent subdivisions that are a part of or a continuation of the same development. Prior to the establishment of such sales office, an application for occupancy permit shall be filed with the Planning Division. After receipt of such application, the City Planner shall issue a temporary occupancy permit fora period not to exceed twelve (12) months from the date of approvai of the temporary occupancy permit. Extensions of time for a maximum of twelve (12) more months may be granted by the City Planner providing the following conditions are met: (A) Application for e•tension and a payment of the required filing fee, as established by the Ci t,y Council, must be filed prior to the expiration of the temporary occupancy permit. (D) The applicant must show that circumstances beyond his control have caused unusual delays. R-2 Uts u. 61. Page 6 (C) The City Planner determines that the continued use of the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood. The temporary occupancy permit shall be permanently displayed in the sales office. The temporary occupancy permit may be subject to such conditions as the City Planner may require which will assure that at its expiration, the sales office will be removed and the premises restored at its expiration. The sales office will be removed and the premises restored to a condition in compliance with the provisions of the zone in which it is located. (c) PARKING REQUIREMENTS: Same as R-1 District. (d) HEIGHT LIMITATIONS: Same as R-1 District. (e) MINIMUM AREAS ANO DIMENSIONS OF LOTS: (1) Each lot or parcel shall have a width of not less than seventy (70) feet at the building setback line, a depth of not less than one-hundred-ten (110) feet, and a net area of not less than eight- thousand (8,000) square feet. (2) Each lot or parcel on a dead-end street, cul-de-sac, or on a curved street lot width at the required front yard shall be seventy (70) feet. (8) All buildings and structures including accessory buildings and structures on any lot, shall occupy not more than forty percent (40",) of the area of such lot. (4) Where a minimum area requirement greater than the eight- thousand (8,000) square feet required is requested and established in this district, it shall be designated by a number following the district designation symbol, numbers less than one-hundred (100) indicating acres, and numbers more than one-hundred (100) indicating minimum square feet of area required. (5) Where a lot has four-thousand-five-hundred (4,500) square feet of area or less and was of record at the time the ordinance adopting this section became effective, said lot may be occupied by a one-family dwelling and accessory buildings only. (6) The minimum lot width on a cul-de-sac, knuckle or curved frontage lot shall be forty (40) feet. (f) FRONT YARD REQUIRED: Twenty-five (25) feet from the ultimate right-of-way. (g) INTERIOR SIDE YARD REQUIRED: Five (5) feet an one side, Ten (10) feet on the opposite side. (h) REAR YARD REQUi RED: Twenty (20) feet from the ultimate right- of-way. (i) SIDE STREET YARD REQUIRED: Fifteen (15) feet front Lhe ultimate right-of-way. (j) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: The distance between main buildings on the same lot shalt be at least ten (10) feet. R-3 District Page 1 (NEW) 61.024E 61.024E R-3 DISTRICT The following regulations shall apply in R-3 Multiple-family Residence Districts: (a) GENERAL USES PERMITTED: (I) Uses permitted in the R-1 District as listed in subsections 61.024A(a)(4,5). (2) Multiple dwellings of a permanent nature on each lot for sale or rent. (3) Boarding and lodging house. (4) Public and private uses as follows shall be permitted if a conditional use permit is approved as provided in Section 61.0219(0). (A) Colleges and universities. (B) Private schools. (C) Fraternity and sorority houses, lodges and private clubs except those whose chief activity is a service customarily carried on as a business. (D) Churches, excluding rescue missions or temporary revival. (E) Philanthropic and charitable institutions. (F) Mobilehome parks on parcels of ten (10) acres or more with a maximum density of eight (B) units per acre. The Planning Comni ssion in approving a conditional use permit shall designate such lawful conditions in connection therewith as will require that the mobilehome park be compatible with the adjacent low-density residential uses. These conditions may include, but not be limited to: (I) The provisions of comparable street setbacks to those existing on adjacent residential properties. (II) Provide for the completion of stubbed-off streets from adjacent residential subdivision. drainage away from the ladjacentdres~den tial~developmen tso6i lehome park automobile traffic away)fromoadjacent residen tia lode~elopmen is ome park development of the ne ig hborhoodein an norde~ly andwefficientpmannereande in conformity with the intent and purpose set forth in this section. (b) ASSESSORY USES: (I) Those uses permitted pursuant to Section 61.024A(b). (c) PARK IPIG REQUIREMENTS: See Section 61.0219(b). (d) LOADING SPACE REQUIREMENTS: Loading space to be provided in accordance with Section 61.0219(b). (e) HEIGHT LIMITATIONS: Building or structures and the enlargement of any buildings or structures shall be hereafter erected or maintained not to exceed three and one-half (3-',) stories or forty-five (45) feet in height. However in no case, shall the height of said structures or buildings exceed twenty (20) feet or two (2) stories within one-hundred (lOn) feet of a single-family (R-1) zone or a special boulevard as designated on the adopted Land Use Plan Map for the fity of Rancho Cucamonga. R-3 District 64.024E Page 8 (NEW) (f) MINIMUM AREAS AND DIMENSIONS OF LOTS: (1) Each interior lot or parcel shall have a width of not less than eighty (80) feet at the building setback line, a depth of not less than one-hundred (100) feet, and a net area of not less than eight- thousand (8,000) square feet. (2) Corner lots or parcels shall have the same width at the building setback line and the same depth. (O) Each lot or parcel on a dead-ea nd street, cul-de-sac, or on a curved street where the side lines thereof are diverging from the front to the rear of such lot or parcel, shall have a width of not less than eighty (80) feet, measured along the building setback line established by the required front yard for the main building and between the side lines of such lot or parcel. (4) Each lot or parcel on a curved street where the side lines thereof are converging from the front to the rear of such lot or parcel, shall have an average width of not less than eighty (80) feet. (5) All buildings including accessory buildings and structures on any lot, shall occupy not more than sixty percent (60%) of the area of such lot. (6) Where a minimum area requirement greater than the eight thousand (8,000) square feet required is requested and established in the district, it shall be designated by a number following the district designation symbol, numbers less than one-hundred (100) indicating acres and numbers more than one-hundred (100) indicating minimum square feet of area required. (7) Where a lot has four-thousand-five-hundred (4,500) square feet of area or less and was of record at the time the ordinance adopting this section became effective. Said lot may be occupied by no more than two (2) family unit(s). (8) The ordinance creating or extending an R-3 District may limit the density of residential units. A figure in parenthesis before the district designation symbol shall mean that the total lot area in terms of square feet divided by the number of dwelling units placed thereon shall be not less than said figure (Am. by Ord. 1228. Ad 4/26/65). (9) The minimum lot width on a cul-de-sac, knuckles or curved frontage lot shall be forty (40) feet. (g) FRONT YARD REQUIRED: Twenty-five (25) feet from ultimate right-of-way. (h) INTERIOR SIDE YARD REQUIRED: interior side yards on each side of each lot shall he not less than ten feet in width. (i) REAR YARD REQUIRED: Rear yards shall be at least tweniy (20) feet in depth. (j) DISTANCE REQUIRED 8ET61EEN MAiN BUSL DI NGS: (1) Fifteen (15) feet, except where; (2) Buildings front to front and where arranged around an open court shall be thirty (30) feet. R-3 District Page 9 (NEW) 61.024E (k) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate right-of-way. (1) OPEN SPACE REQUIRED: Each multiple dwelling unit shall be provided with a minimum of 100 square feet of open space in a patio, deck, atrium or other similar area. PD District 61.0216 Page 10 (NEW) 61.0216 PO (PLANNED DEVELOPMENT) COMBINING DISTRICT (a) PURPOSE: It is the intent of this section to achieve development superior to that which can be achieved through the application of conventional development standards. Specifically, the purposes cf this section are: (1) Greater administrative flexibility in reviewing development plans. (2) Minimum disruption and maximum utilization of natural site resources. (3) The allowance of mixed residential land uses where desirable and compatible. (4) The encouragement of diversity in housing types, styles and price ranges. (b) SCOPE: (1) The Planned Development is intended to be a combination of Development review and zoning. The zone change, development review analysis shall be conducted and reviewed simultaneously with necessary hearings on the zone change and development review held concurrently. (2) The maximum density of a Planned Development project s hall be determined by the general plan for the particular property. ~3) The adequacy of the development proposal in meeting the requirements of this section shall be determined by the Planning Commission. (4) Unless specifically changed within this section, all adopted City ordinances, standards and policies apply to .a Planned Development project, including those set forth in the Rancho Cucamonga General Plan. (c) DEFINITION: For the purpose of this section, the following words and phrases shall have the meaning indicated; (1) "Homeowners Association". A private organization composed of residents within the Planned Development project which may own common property and shall be responsible for the maintenance and management of commonly owned property. (2) "Open space". The total area of land and/or water within boundaries of a Planned Development designed and intended for use and enjoyment as open-space areas. (A) Open space includes: (I) Area of the site not covered by buildings, paved areas, or accessory structures except recreational structures. (ll) Land which is accessible and available to all occupants of dwelling units for which use the space is intended. Disrrt cc Page 11 61.0216 (B) Open space does not include: (I) Proposed and existing street rights-of-way and private streets. (II) Open parking areas, driveways. (IIi) School sites. the buildings, accessory hutldi ngsalpa rkang to nd lloadingffaciliti esa nd thereof. (3) "Open space, common". Open space within a Planned Development owned, designed and set aside for use by all occupants of the Planned Development or by occupants of a designated portion of the Planned Development. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open-space users. (4) "Open space, private". That open space directly adjoining the living areas of dwelling units, which is intended for the private enjoyment of the residen is of the dwelling unit. Private open space shall in some manner be defined such that its boundaries are evident. (5) "Planned Development". An area of land, controlled by the applicant to be developed as a single, unified project which meets the standards, regulations, criteria and intent set forth in this section. (6) "Project". The total Planned Development area, with boundaries as defined in the development plan. (7) "Private streets". Shall mean the streets and roads within the project, used for general travel, not dedi^e ted to the public and shall not be construed to mean driveways, alleys or parking areas. (d) APPLI CAB[LITY: (1) [n making an apnl ca tion fora Planned Development the applicant must show the followin~l: (A) The property in question shall be comprised of five (5) gross contiguous acres or more. (e) GENERAL USES PERMITTED: Any use shall be permitted in the Planned Development Ois trict which is indicated by the base district for the subject property; in addition the following uses shall be permitted: (I) Condominiums. (2) Zero-lot line homes i,e., dwelling units with no setback on un~ side yard or one side yard and one rear yard. (3) Patio homes i.e., detached dwelling units having private open space and attached garages. (f) ACCESSORY USES PERMITTED: (1) All accessory uses permitted in the base District shall be permitted in the Planned Development. (2) Horses shall be perrti tted on lots twenty-thousand (20,000) square feet or greater subject to the regulations of the R-1 zoning district. Where lots are less than twenty-thousand (20,000) square feet, horses shall be permitted subject to the following conditions: (A) Horses shall be clustered onto common lots. (B) The maximum density of horses shall not exceed three and two-ter ~P~s 13.2) horses per gross acre. PD Dtstrtct 61.0216 Page 12 (C) All standards and regulations of the San Bernardino Department of Environmental Health Services and the City of Rancho Cucamonga shall apply. (0) Maintenance and management of the clustered facilities shall be provided by a Homeowners Association. (g) CIRCULATION: (1) The vehicular circulation pattern shall be designed such that: (A) It provides adequate vehicular access to and within the project in accordance with adopted City standards. (B) It is coordinated with external transportation networks in terms of location and loads. (C) It is integrated with the na to rat landscape. (0) It is designed such that noise levels from vehicular traffic shall comply with the Noise Quality Standards of the City of Rancho Cucamonga General Plan. (E) The Planned Development project and each phase thereof, has two (2) points of vehicular ingress and egress from surrnu nding streets, one (1) of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be waived by the Planning Conm~ission. (F) Private streets are acceptable if they are built to City Standards. (2) The pedestrian-circulation pattern shall ~be designed such that: (A) It is separated from vehicular traffic where possible and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety. (B) Hard-surfaced, safely liyhted pedestrian access to common open space, recreational areas, community facilities and other logical terminal points shall be provided. (3) All common off-street parking areas shall be designed such that: (A) They provide adequate, convenient, well-marked, and safely lighted parking. (B) With the exception of building-enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete. Parking requirements are listed in Section 61.0219(b) (h) OPEN SPACE: (1) The Planned Development project shall have a minimum of forty percent (40.,) private and conmton open space, not including balcony area. (2) Each dwelling unit shall have a minimum contiguous private open-space area as follows: (A) Ground Floor - two hundred-twenty five (225) square feet. (B) Upper-story dwelling unit with nn ground floor - one-hundred (100) square feet. PD Drstn ct Page 13 (NEW) 61.0216 (3) Provisions for the maintenance and management of the common open space and common facilities shad be reviewed and approved 6y the Planning Commission. Such approval shall be based on the following criteria: (A) The applicant shall obtain City Council approval for establishment of a Homeowners Association prior to the selling of any lot or occupancy of any dwelling unit. (i) SITE RESOURCE UTILIZATION: (1) The Planned Development shall be designed and developed in such a manner as to minimize the cutting of trees, the disturbance of ground cover, cut-and-fill work, drainage alteration and hillside development. All tree removals shall be in accordance with City tree removal permit procedures. (2) A drainage analysis shall be prepared and shall accompany the Development Plan. (j) SITE AND STRUCTURE P,ELATIONSHIP: (1) The spacing of buildings shall be governed by the building code requirements for adequate light and air, proper access, fire regulations, and the need for visual and auditory privacy. (2) Whenever possible, dwelling units shall be arranged to take advantage of views and vistas with consideration given to pleasing relationships of building mass. (3) The Planned Development shall be designed.to minimize the likelihood of criminal activity by: (A) Minimizing those areas that are neither clearly private or public. (B) Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics. (4) Building height is regulated by the base district. (5) No structure for human habitation shall be placed in an environmentally hazardous, fragile, or unique area. (6) Front and side setbacks required where applicable shall be those of the base district and shall be landscaped except where utilized for drives or access. In the event of varying side yard setbacks the greater setback shall be required. In the event of zero lot line homes and/or patio homes the greater side yard setback shall be required. (k) SUBMITTAL ITEMS: The applicant shall submit all information required on the Development Submittal Forms with any additions as determined by the City Planner to be necessary to delineate the proposal. (1) DEVELOPMENT PLAN: (1) The applicant shall file a Development Plan which shall ir~c lute wui information as will enable the Planning Commission to judge whether the props sal meets the adopted criteria and fulfills the purposes set out in this section. Such an application shall constitute a request fora zone change. (2) Such information shall include, but not be limited to that info nnation required as part of the submittal for Development Review Application and Zone Changes. PD District 61.0216 Page 14 (NEW) (3) A tentative tract application shall also be filed concurrently with the application for Development Review and Zone Change. The submittal shall meet all requirements of the Subdivision Ordinance. (4) A processing fee established by the City Council shall be charged when a Planned Development application is made. A Tentative Tract application and fee shall be filed concu ren tly. (5) The Planning Commission shall hold a public hearing on the Development Plan. Upon completion of the public hearing, the Development Plan shall be referred to the City Council with a recommendation to approve, or approve conditionally. If the Planning Comniss ion denies the application, the matter shall die unless appealed to the City Council in accordance with Section 61.222. (A) The Planning Conmission may alter the Development Plan and impose such restrictions and conditions as it may deem necessary to insure that the development will be in harmony with the intent and purposes of this section and with the adopted plans and policies cf the City and/or guidelines as approved by the Planning Commission. (6) If the Planning Comnissi on recommended approval of the Development Plan and zone change, the City Council shall hold a public hearing on the Development Plan and zone change simultaneously. The City Council shall approve, modify or disapprove the zone change and Development Plan. If the Development Plan is not approved the City Council shall notify the applicant in writing of said decision. An approved plan shall be considered as part of the ordinance approving the zone change. ng ri 61.0219(b) Page 15 1 61.0219 PARKING REQUIREMENTS (b) PARKING REQUIREMENTS: These regulations are established to provide for the on-site parking of motor vehicles that are attracted by the use or uses on the premises. The facilities required by this section for the parking and maneuvering of motor vehicles are assumed to be the minimum need for such facilities created by each particular land use. It is intended that these regulations will result in properly designed parking areas of adequate capacity that will reduce traffic congestion, promote increased business and enhance public safety. Every main use of the land of every main building hereafter erec tad or structurally altered, shalt be provided with minimum off-street parking accommodations as follows: (1) General Conditions: (A) Off-street Parking Location: The required parking spaces shall be located on the same site with the main use or building; on premises contiguous thereto, or in a location and developed in accordance with a plan approved by the City Planner. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities. (6) Change in Use: When the nccupa ncy or use of any premises is changed to a different use, parking to meet the requirements of this section shall be provided for the new use or occupancy. (CJ Increase in Use: When the occupancy or use of any premises is altered, enlarged, expanded, or intensified, additional parking to meet the requirements of this section shall be provided for the enlarged, expanded, altered, or intensified portion only. (D) Where two (2) or mere uses are located in a single building or a single premise, required parking shall be provided for each specific use. (E) In case of a practical difficulty or hardship, a minor deviation may be requested in accordance with the provisions of Section 61.0219(1)(A)(V). (2) Minimum Design Standards applicable to Multi-residential, Administrative-Professional, Commercial, Industrial and Educational Uses: (A) Each parking space shall be not less than nine (9) feet wide by ni re teen (19) feet song, with adequate provisions for ingress and egress by a standard American passenger vehicle. lhfs standard is applicable to all uses, including single-family and two- family residential. (R) One way access drives leading to aisles within a parking area shall be a minimum width of twelve (12) feet. (C) Where two-way traffic is desired, aisle widths and maneuvering areas shall be a minimum width of twenty-six (25) feet. (D) The parking area shall be designed so that a car entering the parking area shall not be required to enter a street to move from one location to any other location within the parking area of premises. (E) Parking and maneuvering areas shall be so arranged that any vehicle entering a vehicular right-of-way can do so traveling in a forward direction. narking r.. iri _ 61 Page 16 (F) Where curbs and gutters do not exist and where vehicular access to the private property is not restricted by barriers, head-in parking which would necessitate full frontage access to the street or highway shall not be permitted. (G) All off-street parking facilities shall be so designed as to limit access to the private property from streets and highways to a minimum number of standard cormercial driveways per the City of Rancho Cucamonga's Engineering Department locations and specifications. (H) Any lights provided to illuminate such parking areas shall be so arranged as to reflect the light away from adjosning residential premises and public thoroughfares. (Amended by Ordinance 1413. 2/26/69) (I) Individual parking stalls shall be clearly striped and permanently maintained with double or hairpin lines on the surface of the parking facility, with the two (2) lines being located an equal nine (9) inches on ei iher side of the stall sidelines: arrows painted on paving shall indicate direction of traffic flow. (J) Minimum Risle Width for Two-way Traffic: For two- way traffic, aisle widths ana maneuvering areas shall be a minimum of twenty-six (26) feet in width (K) Minimum Aisle Width for One-way Traffic: Stall Stall Width Length Parking Angle/Aisle Width 9.0 ft. 19.0 ft. 30°/12 ft. 45°/14 ft. 60°/18 ft. 90°/26 ft. (3) Parking and Loading Area Requirements: Every parcel of land hereafter used or maintained for residential parking, public parking, private parking, new car sales lots, used car sales lots, mobilehome, camoer or trailer sales lots, boat sales lots, or other uses of a similar nature, shall be improved as follows; including loading spaces and access drives: (A) Every business, coinnercial, hotel, hospital, institution, industrial or special use hereinafter established or erected on land which abuts upon a street or an alley, shall have one (1) permanently maintained loading space of not less than Len (10) feet in width, twenty (20) feet in length and fourteen (14) feet clear in height for each five-thousand (5,000) square feet of bu .ld ing floor area provided, however, that not more than four (4) such spaces shall be required per use. (B) Truck terminals or yards and motor vehicle storage/impound facilities may be provided with a dustDroofed surface of oil impregnated slag, crushed rrck or equivalent if approved by the Planning Commission, otherwise they shall be paved with asphaltic concrete or por tland concrete cement. (C) Where such parking areas, excepting in R-1 or R-2 Districts, abut property located in R-1, R-2 or R-3 Districts, they shall be separated therefrom by a solid fence or masonry wall six (6) feet in height, measured from finished grade of the parking lot, provided such fence or wall from the front property line to a depth equal to the required front yard on the abutting "R" classified property, shall be four (4) feet in height, measured from finished grade of parking lot. (D) The required parking area shalt not be used for any purpose other than the temporary parking of motor vehicles, during the time the use that requires the parking is in operation. Page 17 (E) All parking areas shall be paved with asphaltic concrete or concrete to the standards of the City. Addi tiorally, all parking and access areas shall be separated from any landscaping area by a six (6) inch high concrete curb. Other materials as approved by the Planning Commission may be substituted - such as bricks. (4) Business and Commercial Uses: (A) General business, except as herein specified: One (1) parking space for each two-hundred (200) square feet of building floor area. A minimum of four (4) parking spaces shall be provided. (B) Amusement enterprises, commercial recreation and similar uses such as shooting ranges, race tracks, miniature golf courses, pitch and putt courses, parks and zoos: One (1) parking space for each four (4) persons using or attending the facilities. (C) Automobile sales, boat sales, mo bilehome sales, retail nurseries and other open uses not in a building or structure: One (1) parking space for each two-thousand (2,000) square feet of open area devoted to display or sales, provided, however, that where such area exceeds ten-thousand (10,000) square feet, only one (1) parking space need be provided for each five-thousand (5,000) square feet of such area in excess of the first ten-thousand (10,000) square feet contained in such area. (D) Bowling alleys and billiard halls: Five (5) parking spaces far each bowling lane and two (2) parking spaces for each billiard table. (E) Chapels and mortuaries: One (1) parking space for each three (3) fixed seats and for every twenty-eight (28) square feet of seating area where there are no fixed seats, all to be within the main chapel, and one (1) parking space for each four-hundred (400) square feet of floor area outside the main chapel. Eighteen (18) linear inches of bench or pew shall be considered a fixed seat. (F) Child care centers: One (1) parking space for each employee or teacher and one (I) parking space for each five (5) children the facility is designed to accommodate. (G) Children's homes: One and one-half (1',) pa rkinq spaces for each employee on the larggest shift. (H) Churches; One (I) parking space for each four (4) fixed seats or for every twenty-eight (28) square feet of seating area within the main auditorium where there are no fixed seats. Eighteen (18) linear inches of bench or pew shall be considered a fixed seat. (1) Dance halls: One (1) parking space for each twenty (20) square feet of dance floor area and one (1) parking space for each three (3) fixed seats and for each twenty (20) square feet of seating area where there are not fixed seats. (J) Golf courses and driving ranges, but NOT to include miniature golf courses: Four (4) parking spaces per hole on all golf courses and one (1) parking space per tee for driving ranges. (K) Hospital: One (1) parking space for each two (2) patient beds and one (1) parking space for each staff member and employee on the largest shift. (b) Medical offices, clinics, veterinary hospitals: Five (5) parking spaces for each doctor or dentist, Parking Requrreme^'s Page 18 61.0219(b) (M) Off+ces, banks, building and loan associations, business and professional uses: One (1) parking space for each two- hundred (200) square feet of floor area. A minimum of four (4) such parking spaces shall be provided. (N) Organization camps: One and one-half (1';) parking spaces fcr each staff member and or employee. (0) Restaurants, including drive-ins, cafes, night clubs, taverns and other similar places where food and/or refreshment are dispensed: One (1) parking space for each three (3) seats and for every fifty (50) square feet of floor where seats may be placed. A minimum of ten (10) parking spaces shall be provided. (P) Skating rinks, ice or roller: One (1) parking space for each three (3) fixed seats and for each twenty (20) square feet of seating area where there are no fixed seats and one (1) parking space for each two-hundred and fifty (250) square feet of skating area. Twenty-four (24) linear inches of bench shall be considered a fixed seat. (Q) Social care facilities: One (1) parking space for each three (3) residents in accordance with the resident capacity of the home as listed on the required license or permit, plus one (1) parking space for each staff member and employee on the largest shift. (R) Swimming pools, commercial and swi inning schools: One (1) parking space for each five hundred (500) square feet of water surface area. A minimum of ten (1C) parking spaces shall be provided. (5) Theaters, auditoriums, stadiums, sport arenas, gymnasiums and similar plates of public ass emhly: One (1) parking space for each four (4) fixed seats and for every twenty-four (24) square feet of seating area where there are no fixed seats. (5) Educational Uses: (R) Schools, accredited general curriculum, kindergarten through grade nine: One (1) parking space for each staff member, faculty member and employee. (B) Schools, accredited general curriculum, grade ten through twelve, colleges and universities, business and professional schools: One (1) parking space for each five (5) students plus one (1) parking space for each staff member, faculty memher and employee. (c) Special schools or trade schools: One (1) parking space for each three (3) students plus one (1) parking space for each staff member faculty memher and employee, (6) Industrial Uses: (A) Industrial uses of all types, including warehouses or buildings used exclusively for storage purposes, wholesale houses and distributors, and public utility facilities including but not limited to electric, gas, water, telephone, and telegraph facilities not having business offices on the premises: One (1) parking space for each employee on the largest shift or one (1) parking space for each one-thousand (1,000) square feet of floor area, whichever is greater, and one (1) parking s{;ace for each vehicle operated or kept in connection with the use. Pa rktng Requtremen`~, bite Approval 61.0219(b)(t)(d) Heiyht Requiremen, Area Requirements (h)(f)(g)' Page 19 ( )) (7) Residential Uses: (A) Single Family Dwellings, Two (2) parking spaces in a garage, or carport if approved by the Planning Commission, on the same site with the main building for each dwelling unit. Such parking spaces shall be located to the rear of the front setback line. Tandem parking shall be prohibited. (B) Multiple family dwellings: Two point two (2.2) spaces per dwelling unit, one space shall be in a garage or carport, all others may be open and uncovered. (c) CLUBS: conference centers, fraternity and sorority houses, rooming and boarding houses, and similar structures having guest rooms: One (1) parking space for each three (3) guest rooms. In dormitories, each one-hundred (100) square feet shall be considered equivalent to a guest room. (d) MOBILEHOME PARKS: Two (2) parking spaces (which may be in tandem) on each mobilehome lat. There shall also be established and maintained within each mobilehome park, one (1) parking space for each ten (10) spaces or fraction thereof within the mobilehome park, for visitor use. (e) MOTELS, HOTELS AND MOTOR HOTELS: One (1) parking space for each unit. (f) WHEREVER IT IS STATED in this Code that uses may be permitted in a district, if the location and development plan is approved as provided in Section 61.0219(f), uses shall be required to meet all of the requirements of Section 61.0219(0). (g) STRUCTURAL HEIGHT REQUIREMENTS: (1) General Buildings or structures and the enlargement of any build ina ~r structure shall be hereafter erected, reconstructed or maintained only fn conformance with the height limit established for the zone wherein such building or structure is located, except as hereafter provided. (2) Exceptions: (A) Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and ti re or parapet wails, skylights, towers, flagpoles, chimneys, smokestacks, or similar structures may be erected above the height limits herein prescribed, but no penthouse or roof structures, or any space above the height limit shall be allowed for the purpose of providing additional floor space. (h) AREA REQUIREMENTS: (1) fene ral: Buildings, structures or the enlargement of building or structures hereafter erected, located or~ maintained on a lot shall conform with the area regulations of the district in which the lot is located, except as hereinafter provided: Area Requirements 61.0219(h) Page 20 (A) Yards for institutions, churches, etc, in "R" Districts: (1) An institution, hospital or similar use permitted under the use regulation of this section shall be located at least twenty-five (25) feet from any lot or boundary line of adjoining property in any "R" District. No required front yard or side street yard is to be used for the parking of automobiles. (2) A church, library or museum sha 11 be located at least fifteen (15) feet from side, side street and rear lot lines. (3) In the case of a church, library or museum where such institutions are in "R" Districts, the parking of automobiles shall be permitted in the interior side and rear yards provided such parking is located at least ten (10) feet from the side lot line of an interior lot. In all instances the automobile parking areas and driveways shall be paved with an asphaltic or concrete surfacing per city standards and shall have appropriate bumper guards, raised concrete curbing or other substitute approved by the Planning Commission. (8) Yards or other open spaces required around an existing building or which are hereafter provided around any building for the purpose of complying with the previsions of this section, shall not be considered as providing a yard or open space for any other building: nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected. (2) Exceptions: (A) Loading space provided in accordance with this Code may occupy a required open rear yard. (B) An accessory building not exceeding one (1) story or fourteen (14) feet in height including heating and cooling units shall be at least ten (1C) feet from the nearest point of the main building wall excluding eave overhang and three (3) feet from the side property line. In no case, however, shall an accessory building be located in any part of a required front yard, or side street yard, nor shall a two- story accessory building occupy any part of a required rear yard. (C) Cornices, eaves, belt courses, sills or other similar architectural appendages may project to a point no more than three (3) feet into a interior sidr_ property line. R front yard, rear yard or street side yard provided such appendages are supported only at, or behind, the building setback if ne or from the main buildinq or structure. (D) Fire escapes may extend c. N~vject into any required front, side street or rear yard not more than four (4) feet. (E) Open, unenc losed stairways, or balconies, not covered by a roof or canopy may extend or project into a required front street side or rear yard not more than four (4) feet. (F) Uncover=d porches, platforms, nr landing places which do not extend above tY.e level of the ground floor of the building or do not exceed a height of forty-eight (48) inches above grade, may extend into any front or street side yard not more than six (6) feet and in any interior side yard may project to a point no more than three (3) feet from interior side property lines. I era Requirenien-s Page 21 61.0219(h ), (G) Openwork fences, hedges, walls or similar landscape architectural features, and guard railings for safety protection around depressed ramps, if not more than four (M1) feet in height, may be located in any front or side street yard. (H) In R Districts, a fence or wall not more than six (6) feet in height or a hedge maintai r.ed so as not to exceed six (6) feet in height may be located on the side or rear lot lines provided such fence, wall or hedge does not ez tend into the required front yard. (I) Swimming pools shall not be located in any required front yard or side street yard or its projection to the rear property line. (~) Attached, unenclosed patio roofs may be located in the required rear yard, provided said patio roof shall be at least five (6) feet from the rear property line and, further, provided that the area of said patio roof in the rear yard shall be included as a part of the total lot coverage. (K) On corner lots an attached or detached garage may be located in the rear yard within five {6) feet of the rear property line if located at least twenty (20) feet from the side street line. (L) Fireplace structures and planting boxes may be located in a required yard, provided they do not reduce said yard by more than two (2) feet. (3) Computation of Yards: (A) If any future right-of-way line has been established by provisions of a specific ordinance, the Adopted Circulation Plan, any Adopted Precise Plan, the measurement of the yard shall be made from the future right-of-way line or future property line. Minor Oevcations F1. .9(1) Page 22 (NEW) (1) hII NOR DEVIATIONS (1) In order to provide flexibility necessary to achieve the objectives of this ordinance, selected site development regulations and applicable off-street parking requirements generally applicable throughout one or more zones are subject to review and minor adjustment in those circumstances where such adjustment will be compatible with adjoining uses. To achieve these purposes, the City Planner is empowered to review and evaluate the applicable circumstances pertaining to each requested adjustment, and to approve or to deny such revue sts and to impose reasonable conditions upon such approval, subject to the right of appeal. (2) Application and Fee: (A) An application fora minor deviation shall be filed with the City Planner, on a form or in such manner as the City Planner may prescribe. When authorized by the City Planner, an application for a minor deviation may 6e combined with and made a part of an application for a building permit or other permit or approval required by the City. (B) The application shall be accompanied by a fee established 6y Resolution of the City Council. (3) Minor Deviations Allowable: (A) Only the following minor deviations shall be allowable, and no applications for adjustments minor deviations in excess of the limi tatians prescribed below may be accepted. (I) Fence Height: In any zone, the City Planner may increase the maximum height of any fence, wall, hedge or equivalent screening by not more than 2 feet, where the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided 6y such fence, wall, hedge or screening in similar circumstances on flatter sites. (II) Yards: In any R zone, the City Planner may decrease the min imuni yard by not more than 10 percent where the yard does not serve as the principal pedestrian access to more than one dwelling unit or is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites. (III) Coverage: In any R zone, the City Planner may increase the maximum coverage by not more than 10 percent of the lot area, where such increase will promote improved site planning or architectural design, creation or r~raintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites. (IV) Off-Site Parking Facilities: The City Planner may authorize not more than 10 percent of the required parking for a use to be located on a site not more than 250 feet from the site of the use for which such parking is required, where in his judgement such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. The City Planner may require such covenants and guarantees as deemed necessary to ensure utility, availability, and maintenance of such joint use of off-site parking facilities. hN ..e no 61....9(1) Page 23 (V) The City Planner may authorize not more than a 10 percent reduction in the required off street parking requirements when it is proven that it will not result in a traffic hazard or reduce necessary parking for the use. (4) Notification: (A) Prior to consideration of a minor deviation the City Planner shall cause notice to be given to applicant and contigious property owners by certified mail 10 days prior to the decision on the application. Said notice shall state the following: (I) extent of request. (II) location of request. (III) name of applicant. (IV) date on which a decision will be made on said request. (V) name of City Planner and telephone number of City Hall. (B) Notice of the decision on the minor deviation shall 6e given to the applicant by mail within 5 days of the decision. (5) Action by City Planner: (A) Within 15 days after an application fora deviation has been filed, the City Planner shall act on the application. The City Planner may grant approval as requested in the application, or may grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open SDa ces, buffers, f2nces, walls, and screening; requirements for installation and maintenance of landscaping and erosion con trcl measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other chars teristics of operation; requirements for maintenance of landscaping and other improvements establishment of development schedules or time limits for performance or completion; and such other condi tions as the City Planner may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the City Planner to exercise the judgement required by this section. (6) Effective Date: (A) The decision of the City Planner shall be effective :4 ca lerdar Cays after the date of the decision unless an appeal has been filed with the Planning Commission. (7) Appeal to Planning Commission: (A) The decision of the Director may be appealed within 14 calendar days to the Planning Commission by the applicant or any other person as prescribed in Section 61.0222. (B) The Planning Commission shall hold a Public Hearing on the application as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14 day period. (S) Appeal to City Council: (A) The decision of the Planning Commission may be appealed within 14 calendar days to the City Council by the applicant or any other person as prescribed in Section 61.0222. .di nor Deviations. 6:.0219(1) Page 24 (B) The City Council shall hold a Publ it Hearing on the application of Minor deviations as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Cuu ncil shall be final. (9) Lapse of Minor Deviation Approval: (A) Unless a longer time shall be specifical~y established as a condition of approval, an approved Minor deviation shall lapse and shall become void eighteen anon the following the date on which such approval became effective, unless prior to expiration a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required. (B) Ar approved Minor deviation subject to lapse may be renewed by the City Planner an addi tonal period of six months, provided that prior tp the expiration date, a written request for renewal is filed with the City Planner. (10) Modification of Minor Deviation Approval: (A) Sections 61.0219.1(2) through 61.0219.1(7) shall apply to an application for modification, expansion, or other change in an approved Minor deviation, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the time of original approval remain valid. (11) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply wi ~h conditions, an approved Minor deviation shall be suspended upon notification by certified mail to the applicant, owner, or operator of the use or site. (B) The Planning Commission shall hold a Public Hearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.0219(0)3 and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Minor deviation or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. (C) The decision of the Planning Commission may be appealed as prescribed in Section 61.0219(1)8. (12) New Applications: (A) Follwoing the denial or revocation of a Minor deviation no application for the same or su bs to ntiaity the same Minor deviation on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (13) Approval to Run With the Land: (A) R Plinor deviation approved pursuant to the provis inns of this section shay run with the sand and shall continue to be valid upon a change of ownership of the site or structure which was the 5ub.ject ^f the application. ren ~. i. , e~~ 61. .9(ni Page 25 (n) DEVELOPMENT REVIEW (1) Purposes: (A) In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, se'I ec ted uses in certain zones are allowed only subject to Development Review, and in some instances to issuance of a permit authorizing a temporary use or a home occupation. Because of their site development requirements or operating characteristics, such uses require special consideration so that they may be lora ted and operated in accord with the objectives of the zoning regulations and in a manner wholly compatible with uses on surrounding properties. The Development Review process is intended to afford an oppcrtuni ty for review and evaluation of these requirements and characteristics, and to ensure adequate mitigation of any potential unfavorable impacts on nearby uses. To achieve these purposes, the City Planner or the Planning Comm ss ion, as may be applicable, are empowered to review and evaluate the applicable circumstances pertaining to each use subject to Development Review, and to grant or deny applications therefore and to impose reasonable conditions upon such approval, subject to the right of appeal. (2) Application and Fee: (A) Application for Development Review shall be filed with the C1ty Planner on a form prescribed by the City Planner and shall include the following data and maps: (I) Name and address of the applicant. (II) Address and legal description of the property. (II [) if the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property. (IV) A sta teinent describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the City ~'lanner may require specific information relative to the anticipa *.ed peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading, and circulation facilities. (V) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all fully dimensioned, as required to illustrate the following: (a) Existing and proposed loco tf on and arrangement of uses on the site, and on abutting sites within 100 feet. (b) Existing and proposed site improvement, buildings, and other structures on the site, and any off-site improvements related to nr necessitated by the proposed use. Building eleva tons shall be sufficient to indicate the general height, bulk, scale, and architectural character. (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. .~~~ e~° 61.0219(n) Page 26 (d) Existing and proposed parking, loo ding, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed use. (VI) The City Planner may require additional information or plans, necessary to enable complete analysis and evaluation of the application. The apolica tion shall be accompanied by a fee established by Resolution of the City Council. (3) Action by City Planner: (A) Not more than 30 days after acceptance of an application for Development Review, the City Planner shall zct on the application. The City Planner may grant approval as requested in the application, or may grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits far performance or completion; and such other conditions as the City Planner may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the City Planner to make the findings required by Section 61.0219(n)5. (8) If, in the opinion of the City Planner, the application for Development Review involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more significant than generally pertain to applications for development review and which require Planning Commission consideration, the City Planner shall refer the application to the Planning Comr.issiun for action within 30 days ui acceptance of the application for Development Review. The City Planner shall notify the applicant of such referral by mail. (4) Action by the Planning Commission: (A) The Commission may grant approval as requested in the application, may 9ra nt approval in a modified farm or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of la nd sca pf ng and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; rPgula tion of hours or other characteristics of opera lion; requirements for maintenance of landscaping and other improvements; estabiishment of development schedules or time limits for performance or completion; and such other conditions as the Commission may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Section 61.0219(n)5. Page 27 (5) Findings: (A) The City Planner, or the Planning Commission if applicable, sha 71 make the following findings before granting approval pursuant to Development Review: (I) That the proposed use is in accord with the objectives of this ordinance and the purposes of the zone in which the site is located. (II) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (II[) That the proposed use will comply with each of the applicable provisions of this ordinance. (6) Effective Date: (A) The decision of the City Planner, or the Planning Commission if applicable, shall be effective 14 calendar days after the date of the decision unless an appeal has been filed with the Planning Commission or the City Council if applicable. (7) Appeal to City Councii: (A) A decision of the City Planner, or the Planning Commission if applicable, may be appealed within 14 calendar days to the Planning Commission or City Council if applicable, by the applicant or any other person as prescribed in Set ti on 61.0222. (B) The City Council shall hold a Public Hearing on a Development Review application as prescribed in Sec tion'61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (8) Lapse of Development Approval: (A) Unless a longer time shall be specifically established as a condition of approval, a Development Review approval shall lapse and shall become void eighteen months following the date on which such approval became effec t~ve, un~ess prior to the expiration of eighteen months a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required. (B) R Development Review approval subject to lapse may be renewed by the City Planner for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with the City Planner. Applications originally approved by the City Planner may be extended by the City Planner. If the application was approved by the Planning Commission, it may be extended by the Planning Commission. (9) Modification of Development Review Approval: (A) Sections 61.0219(n)2 through 61.0219(n)8 shall apply to an application for modification, expansion, or other change in a Development Review authorization, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect Lhe findings proscribed in Section 61.0219(n)5. Conditional Use P^-nits Page 20 61.0219(n)(o) (10) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Development Review authorization shall be suspended upon notification by certified mail to the applicant, owner, or operator of a use authorized pursuant to Development Review. (a) CONDI TI ONW_ USE PERMITS (1) Purposes: (A) In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, selected uses in certain zones are allowed only subject to the granting of a Conditional Use Permit. Because of their unusual site development requirements or unique operating characteristics, uses subject to a Conditional Use Permit require special corsidera tion so that they may be located and operated in accord with tiie objectives of the zoning regulations and in a manner wholly compatible with uses on surrounding properties and within the City at large. The Conditional Use Permit process is intended to afford an opportunity for broad public review and evaluation of these requirements and characteristics, to ensure adequate mitigation of any potentially unfavorable iinpac ts, and to provide for adjustment of certain site development regulations and performance standards when authorized by the zoning regulations. To achieve these purposes, the Planning Commission is empowered to conduct public hearings, to review the applicable circumstances pertaining to each use subject to conditional use review, to evaluate such adjustments as allowed by the zoning regulations, and to grant or deny applications for a Conditional Use Permit and to impose reasonable conditions upon such approval, subject to the right of appeal. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of Conditional Use Permits, subject to the right of appeal to the City Council or to review by the City Council. In all cases Conditional Use Permits are required for shopping renters. (2) Application and Fee: (R) Application fora Conditional Use Permit shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (I) Name and address of the applicant. (Ii) Address and legal description of the property. (III) [f the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent. of the owner of the property. (IV) A statement describing the requested use, or describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. (V) Three sets of typed, gummed labels li,::ng the name, address and the assessors parcel number of all property owners within a radius of 300 feet of Lhe exterior boundaries of the suhj ect p riper ty. The list shall be obtained from the latest equalized assessment rr,l is of the San Bernardino County Rs sessor's office and keyed to a radius map drawn on Assessors Parcel maps. tl anal use Nermi rs 61.0219(0) Page 29 (NEW) , (VI) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all fully dimensioned, as required to illustrate the following: (a) Existing and proposed location and arrangement of uses on the site, and on abutting sites within 100 feet. (b) Existing and proposed site improvements, buildings, and other structures on the site, and any off-site improvements related to or necessitated by Lhe proposed use. Building elevations sha it be sufficient to indicate the general height, bulk, scale, and architectural character. (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. (d) Existing and proposed parkin;, loading, and traffic and pedestrian circulation features, both on the <_ite and any off-site facilities or improvements related to or necessitated by the proposed use. (B) The City Planner may require additional information or plans, necessary to enable complete analys+s and evaluation of the application. (C) The application shall be accompanied by a fee established by Resolution of the City Council. (3) Pubiic Hearing: (A) The Planning Commission shall hold at least one Public Hearing on each application for a Conditional Use Permit. The hearing shall be set and notice given as prescribed below: (I) Notice shall be given to the applicant by mail at least 10 days prior to the date of the hearing. (II) Notice shall be given to owners and occupants of sites within 300 feet of the subject property by certified mail at least 10 days prior to the date of the meeting. 10 da s (III) Notice shall be given by publication at least y prior to the date of the hearing. (iV) At the option of the City Planner, additional notice may be given to any or all owners or occupants of sites within 600 feet of the subject property by regular mail at least 10 days prior to the date of the hearing. At a public hearing, the Commission shall review the application, and drawings submitted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0219(0)5. (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the Gity Council and Planning Commission and to the applicant prior to the public hearing. (C) Notice of the decision of the planning Commission on a Conditional Use Permit shall be given to the applicant by mail within 5 days of the decision by the Commission. (4) Action by the Planning Commission: (A) tJot more than 21 days following the closing of the Public Hearing on a Conditional Use Permit, the Planning Commission shall act on the application. The Commission may grant a Conditional Use Permit as the permit was applied for or in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, Conditional Use P'°mi is 61.021910) Page 30 (NEW) buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and detlica tions, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions z~ the Commission may deem necessary to insure compatibility with surrounding uses, to preserve the public health, satety, and welfare, and to enable the Commission to make the findings required by Section 61.0219(0)5. (5) Findings: (A) The Planning Commission shall make the following findings before granting a Conditional Use Permit: (I) That the proposed use is in accord with the General Plan, the objectives of this ordinance, and the purposes of the zone in which the site is located. ([I) That the proposed use, together with the conditions applicable thereto, will not be detrimental ±o the public health, safety, or welfare, or materially injurious to properties or imprnvemen is in the vicinity. (I II)That Lhe proposed use will Comply with each of the applicable provisions of this ordinance. (6) Effective Date: (A) The decision of the Flaming Commission shall be effective 14 days after the date of the decision unless an appeal has been filed with the City Council. (7) Apppeal to City Council: (R) A decision of the Planning Commission may be appealed within 14 calendar days to the City Council by the applicant or any other person as prescribed in Section 61,0222. (B) The City Council shall hold a Public Hearing on a Conditional Use Permit as prescribed in ;ec ti on 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (8) Lapse of a Conditional Use Permit: (A) Unless a longer time shall be specifically established as a condition of approval, a Conditional Use Permit shall lapse and shall become void of ghteen months following the date on which such permit hecame effective, unless prior to the expiration of eigh to^~: months a building permit is tssued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued fnr the structure which was the subject of the applica ti un, or the site is occupied if no huilding permit or certificate of occupancy is reyuired, (B) A Conditional Use Permit subject to lapse may be renewed by the Planning Commission for an additional period of one year, provided that prior to the expir~a ti on date, a written request for renewal is filed with the City Planner. (C) The Planning Commission may grant or deny an application for renewal, If the application is appealed to the City Council, the City Council may grant or deny an application for renewal. Conditional Use Permits 61.0219(0). Page 31 (NEW) (9) Pre-Existing Conditional Uses: (A) A use legally established pursuant to a Conditional Use Permit, Site Approval, or Location and Development Plan Approval prior to the effective date of this ordinance or prior to the effective date of subsequent amendments :o the regulations or zone boundaries shall be deemed a pre-existing conditional use and shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its es [a bl ishment, if any. (B) Alteration or expansion of a pre-existing conditional use shall be permitted only upon the granting of a Conditional Use Permit as prescribed in this Chapter, provided that alterations not exceeding 42,500 in value as determined by the Building Official shall be permitted without the granting of a Conditional Use Permit. (C) A Conditional Use Permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost after depreciation, of duplicating the entire structure as it existed prior thereto. Estimates far this purpose shall be made by or shall be reviewed and approved by the City Engineer and Buildin4 Official and shall be based on the minimum cost of construction in compliance with the Building Code. (D) A Conditional Use Permit or Location .and Development Plan filed with and approved by the County of San Bernardino prior to incorporation of the City of Rancho Cucamonga, shall become null and void upon the effective date of this ordinance, unless such has been activated by the occupancy of the site, commencement of the use or issuance of a building permit. (10) Modification of Conditional Use; (A) Sections 61.0219(0)2 through 61.0219(0)6 shall apply to an application for modificatf on, expansion, or other change in a Conditional Use Permit, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the time of original approval remain valid, and that changes would not affect the findings prescribed in Section 61.0219(0)5. (11) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditi ?ns, a Conditional Use Permit shall be suspended upon notification by certified mail to the applicant, owner, or operator of a use subject to a Conditional Use Permit. (B) The Planning Commission shall hold a Public Hearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.029(0)3, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within two (2) working days following the date of a decision of the Commission revoking a Use Permit or location and development plan, the City Planner shall transmit to the City Council written notice of the decision. The decision Conditional Use Permits 61.0219(0) Page 32 (NEW) shall become final 28 days following the date on which the Use Permit or location and development plan was revoked unless an appeal has been filed within the prescribed 14-day appeal period, in which case Section 61.0219(0)7 shall apply. (12) New Applications: (A) Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (13) Approval to Run With the Land: (A) A Conditional Use Permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of tha site or structure which was the subject of the Conditional Use Permit application. (14) Concurrent Applications: (A) Application for Development Review and for a Conditional Use Permit including the same property may be made concurrently. In such event, responsibility for action on the Development Review application shall be vested in the Planning Commission. (B) Application for a Conditional Use Permit may be made concurrently wi to an appi ication for a change in zone boundaries including the same property, subject w tire iee applicable for both a Conditional L'se Permit and for a rezoning application. The Planning Commission shall hold the public hearing on the zoning reclassification and the Conditional Use Permit at the same meeting and may combine the two hearings. For the purposes of this section, the da ie of the Comni ssi on decision on the Conditional Use Permit application shall be deemed to be the same as the date of enactment by the City Council of an ordinance changing the zone boundaries. Variances ~ 61.' Page 33 ( (a) VARIANCES (1) Purposes and Authorization: (A) Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surrounding;, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property In the vicintiy and under identical zoning classification. Any Variance granted shall 6e subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and gone in which such property is situated. (B) The Planning Commission may grant Variances to the regulations prescribed 6y this chapter, in accord with the procedure prescribed in this chapter, with respect to fences, walls, hedges, screening, and landscaping; site area, width, and depth; front rear, and side yards; coverage; height of structures: landscaping; usable open space; performance standards; and off-street parking and loading facilities. (C) The power to grant Variances does not extend to use regulations. Flexibility to the zoning regulations is provided pursuant to Development Review and Conditional Use Permit provisions of this ^~dina nce. (2) Application and Fee: (A) Application fora Variance shall be-filed with the City Planner on a form prescribed by the City Planner and sha it include the following data and maps: (I) Name and address of the applicant. (II) Address and legal description of the property. (Ifi)If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property. (I V) A statement describing the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship that wculd result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings required of the Variance. (V) Three sets of typed, gummed labels listing the name, address and the assessors parcel number of all property owners within a radius of 300 feet of the exterior boundaries of the subject property. The list shall be obtained from the latest equalized assessment rolls of the San 6erna rdino County Assessors Office and keyed to a radius map drawn on Assessors Parcel maps- (VI) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all fully dimensioned, as required to illustrate the following, Lo the extent related to the Variance application: (a) Existiny ?^d proposed location and arrangement of uses on the site, and on abutting sl ~.:, within 100 feet. (6) Existiny ;nd pr.,,i?~ed site improvements, buildings, and other structures on the site, and any off-site improvements related to or necessitated by the proposed `!ariance. Building elevations shill be sufficient Lo indicate the general height, bulk, scale, and architectural character, Van ances 61. Page 34 (NEW) (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. (d) Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed Variance. (B) The City Planner may require additonal information or plans, if they are necessary to enable to complete analysis and evaluation of the application, and a determination as to whether the circumstances prescribed for the granting of a Variance exist. (C) The application shall be accompanied by a fee established by Resolution of the City Council. A single application may include requests for Variances from more than one regulation applicable to the same site, or for similar Variances on 2 or more adjacent sites with similar characteristics. (3) Public Hearing and Action: (A) The Planning Cummission shall hold at least one public hearing on each application for a Variance. The hearing shall he set and notice given as prescribed below: (I) Notice shall be given to the applicant by certified mail at least 10 days prior to the date of the hearing. (11) Notice shall be given to owners of sites within 300 feet of the subject property by certified mail at least 10 days prior to the date of the meeting. _ (Ili) Notice shall be given by publication at least 10 days prior to the date of the hearing. (IV) At the option of the City Planner, additional notice may be given to any or all owners of sites within 300 feet of the subject property by regular mail at least 10 days prior to the date of the hearing. At a public hearing, the Commission shall review the application, and drawings submitted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0220(5). (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the City Council and Planning Comm ssion and to the applicant prior to the Public hearing. (C) Notice of the decision of the Planning Conmission on a Variance shall be given to the applicant by mail within 5 days of the decision by the Comm ss ion. (4) Action by the Planning Conniff ssion. (A) Not more than 21 days following the close of the public hearing on a Variance application, the Planning Conmission shall act on the application. The Conmission may grant a Variance as the Variance was applied for or in modified farm, or subject to conditions, or the application may be denied. A Variance may be revuca ble, may be granted for a limited Lime period, or may be granted subject Lo conditions as the Commission may prescribe. (5) Findings: (A) The Planning Commission shall, on the basis of the application and the evidence su hmitted, make findings of fact that e sta hlish that the circumstances prescribed below do apply, before granting a Variance: Van anc es Page 35 61.0220 (I) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter. (II) That there are excep tionai or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. (III) That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. (IV) That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in *.he same zone. (V) That the granting of the Va rianca will not he detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (B) Parking; Additional Findings: The Planning Comnission may grant a Variance to a regulation prescribed by this ordinance with respect to off-street parking or loading facilities if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following additional circumstances also apply: (I) That neither Fresent nor anti4ipa ted future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. (II) That the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic of the streets. (III) That the granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of this ordinance. (6) Effective Date of Variance: (A) A decision of the Planning Commission on a Variance shall be effective 14 calendar days after the date of the decision unless an appeal has keen filed with the City Council. (7) Appeal Lo City Council: (A) A decision of the Planning Commission on a Variance may be appealed within 14 calendar days to the City Council by the applicant or any other person as prescribed in Section 61.0222. (6} The City Council shall hold a public hearing on a Variance as prescribed in Ser_tion 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (E) Lapse of Variance: (A) Unless a longer time period shall be specifically established as a condition of approval, a Variance shall lapse and shall become void eighteen months following the date on which the Variance became effective, unless prior to the expiration of eighteen months a building permit is issued and construction is commenced and diligently p~:r sued toward completion on the site which was the subject of the Variance application, or a certificate of occupancy is issued for the site or structure which was the subject of the Variance application, or the site is occupied if no building permit or certificate of occupancy is required. Variances 61.0220 Page 36 (NEW) (B) A Variance subject to lapse may be renewed by the Planning Commission for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with the City Planner. (C) The Planning Commission may grant or deny an application for renewal. (0) If appealed to the City Council, the City Council may grant or deny an application for renewal. (9) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Variance shall be suspended upon notification by certified mail to the applicant, owner, or operator of the use subject to the Variance. (B) The Planning Commission shall hold a Public Nearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.0220(3) and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Variance or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. (C) Within two (2) working days following the date of a decision of the Commission revoking a Variance, the City Planner shall transmit to the City Council written notice of the decision. The decision shall become final 28 days following the date on which the Variance was revoked unless an appeal has been filed within the prescribed 14 day appeal period, in which case Section 61.0220(7) shall apply. (30) New Applications: (A) Following the denial or revocation of a Variance application, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation. (I1) Variance to Run With Land Or Structure: (A) Unless otherwise specified at the time a Variance is granted, a Variance shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies. Pmendments 61. Page 37 (NEW) (a) AMENDMENTS (1) Initiation: (R) A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of property by filing an application for a change in zone boundaries (rezoning) as prescribed in this chapter. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. (B) A change in the boundaries of any zone or a change in the regulations may be initiated by the City Planning Commission or Lhe Council. (2) Application and Fee: (A) Application for rezoning shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (I) Name and address of the applicant. (II) Address and legal description of the property. (I II )If the applicant is not the legal owner of the pro perry, statement that the applicant is the authorized agent of the owner of the property for which rezoning is proposed. (1V) An accurate scale drawing of the site and the surrounding area showing existing streets and property lines, and existing and proposed zone boundaries, for a distance determined by the City Planner to be necessary to illustrate the relationship to and impact on the surrounding area, but not less than 300 feet or more ,than 600 feet from the property proposed for rezoning. (B) The City Planner may require additional information or maps if they are necessary to enable the Commission to determine whether the change is consistent with the objectives of this ordinance. (C) An application initiated by a property owner shall be accompanied by a fee established by Resolution of the City Council. (3) Puhlic Hearing: (A) The Planning Commission shall hold at least one public hearing on each application for a change of zone. The hearing shall be set and notice given as prescribed below: (I) Notice shall be given to the applicant by certified mail at least 10 days prior to the date of the hearing. (II) Notice shall be given to owners of sites within 300 feet of the subject property by certified mail at least 10 days prior to the date of the meeting. (I11) Notice shall be given by publication at least 10 days prior to the date of the hearing. Amendments fi1.0221 Page 3B (NEW) (B) TYie City Planner shall make an investigation of the application and shall prepare a report thereon which shall he available to the City Council and Planning Commission and to the applicant prior to Lhe Public Hearing. (C) Notice of the decision of the ?lamming Commission on a change of zone shall be given to the applicr t by mail within 5 days of the decision by the Commission. (4) Action by the Planning Commission: {A) Not more than 21 days following the closing of the public hearing, the Planning Commission shall rake a specific finding as to whether the change is consistent with the o6j ectives of this ordinance and with the General Plan, and shall recommend to the City Council that the rezoning or change be granted, granted in modified form, or rejected. (5) Alternative Classification in lieu of Proposed Classification: (A) When the Commission determines, following a public hearing on a proposed rezoning, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Commission may recommend alternate classifications in accord with the following schedule: Proposed Zone Described Alternate Zones That In Public Hearing Notice May Re Considered q NONE R-1-1 A R-1-2D A Or R-1-1 R-1-]0 A, R-1-20 or R-1-1 R-1-7 A, R~~1.10, R-I-20 or R-1-1 R-2 A nr any R-1 R-3 A or R-2 AP A C-1 A or AP C-2 A or AP or C-I MR R or none M-i A or MR M-2 A or MR or M-1 Any Combining Zone None, except as applicable to any proposed base zone {B) In order to more properly aaomnoda to these alternate zone classifications, the notice of pu6l is hearing shall indicate the alternate r,lassifica Lions, if any, which the Planning Commission may consider. (6) Appeal to the City Council: (A1 A decision of the Planning Commission involving an application for a change in zone boundaries may be appealed to the City Council within 14 calendar days by the applicant or any other person as prescribed in Section 61.0222. 61. . Page 39 (NEW) (Z) Action by the City Council: (A) Not more than 40 days fallowing receipt of the recommendation of the Planning Commission, Lhe City Council shall hold at least one public hearing on the rezoning or change, provided that no hearing shall be held on a proposed rezoning or change which has been recommended for denial by the Planning Commission unless an appeal is filed by the appiica nt or any other person as prescribed in Section 61.0222. The hearing shall be set and notice given as prescribed in Section 61.0222. Within 21 days following the closing of a public hearing, the Council shall make a specific finding as to whether the change is consistent with the objectives of this ordinance and with the General Plan. If the Council finds that the change is consistent, it shall introduce an ordinance amending the Zoning Map or zoning regulations, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application or reject the proposal. The Council may modify grg c~~ommenda tion of tie Planning Commission on a rezoning or change aiay-request""a`fa~`'consideN-2m report of the Commission on the modification. Failure cf the Commission to report within 30 days after receipt of the Council request shall be deemed concurrence. (8) New Application: (A) Following the denial of an application for a change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. (9) Change of Zoning Map: (A) A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (10) Prezoning: (A) For the purpose of establishing zoning regulations to become effective only upon annexation of property outside the corporate boundaries of the City of Rancho Cucamonga, pre zoning may be considered. Prezoning is subject to the same procedural requirements as prescribed for property within the City. Any ordinance duly passed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City of Rancho Cucamonga. (B) Upon passage of an ordinance establishing the applicable zone designation for property outside the City, the zoning map shall be revised to show the potential or "pre zoned" classification to become effective upon annexation, and sha 11 identify each zone or zones applicable to such property with the label or nomenclature "PRE ZONED" in addition to such other map designation as may be applicable. (.. DRAFT FOR DISCUSS;GN PURPOSES ONL~ECOND EDITION' SUBDIVISION ORDINANCE JULY 1980 O G~CA11~~~G1 G~' ~ ~ ~~ ~ n ~. O ~' O ~, ~ ~~:,~ _ G` H ~: ~ U ~ ~.`- ~ ---.~ 1977 ' CO~1~IU\I1'Y DLVELOY~IE:~"l~' Dla?11Z1'~~IE\'"I' CITY COUNCIL Phillip U. Schlosser, M¢yor Art Hridge Jon Mikels PLANNING COMMISSION Richard Dahl, Chairman Michael Pslombo James Frost Herman Rempel Jeff Sceranka, Chairman Pro Tem Jeff i(ing Peter Tolstoy CITY MANAGER Lauren Wasserman COMMUNITY DEVELOPMENT DIRECTOR Jack Lem Harry Hogan, City Planner Lloyd Hubbs, City Engineer Ordinance No. 28-B Amended October 1, 1980 ORDINANCE N0. 28-B Ordinance No. 28 -B Page 1 AN ORDINANCE OF THE CITY COUNCIL OF THF. CITY ON RANCHO CUCA.NONCA, CALIFORNIA, TO SUPPLEMENT AND IMPLEMENT THE ~ SUBDIVISION MAP ACT. The Cit}' Council of the Clty of Rancho Cucamonga, California, does ordain as follows: ~ ARTICLE TITLE PAGE 1 GENERAL PROVISIONS 2 2 DEFINITIONS AND RESPONSIBILITIES 6 - 3 MAPS REQUIRED 12 4 SUBDIVISION MAPS (5 OR MORE PARCELS] 16 5 SUBDIVISION MAPS (4 OR LESS PARCELS) 36 - 6 DEDICATIONS AND RESERVATIONS 46 7 SUBDIVISION II~ROVEMENTS 50 8 REVERSION TO ACRF,AGE 63 -. 9 CORRECTION AND AMENDMENTS OF MAPS 67 10 ENFORCEMENT OF ARTICLE PROVISIONS 70 11 PARCEL MERGERS 7y i ~ . , , • Ordinance No. 28-E Page 2 ARTICLE 1. GENERAL PROVISIONS Section 1.301 Citation and Authority Section 1.102 Purpose Section 1.103 Conformity to General Plan, Specific Ylans, Planned Communities and Zoning Ordinances Section 1.104 Application Section 1.105 Substandard Lots Prohibited Section 1.106 Modification of Requirements Section 1.107 Time Section 1.108 Services and Permits Section 1.109 Evidence of Ownership Required at [he Time of Filing Any Tenta CiVe, Parcel, or Final Map Section 1.110 Waivers of Technical or Inadvertent Errors Section I.lll Rules and Regulations Section 1.112 Severability Ordinance No. 28-B Page 3 ARTICLE 1. GENERAL PROVISIONS Sec cion 1.101. Citation and Authority. This chapter is adapted to supplement and implement the Subdivision Map Act, Section 66410, et seq. of the Government Code, and may be cited as the subdivision ordinance of [he City of Rancho Cucamonga. Section 1.102. Purpose. IC is the purpose of this chapter Co regulate and control the division of land within Che City of Rancho Cucamonga and to supplement the provisions of the Subdivisirnt Map Act concerning the design, improvement and survey data of subf ivisions, the form and contenC of all maps provided for by [he Subdivis i.en Map Act and the procedure to be followed in securing the official appruval of the Planning Commission and the Ci[y Council regarding ouch maps. To accomplish this purpose, the regulations outlined in [his chapter are determined to be necessary for the preservation of the public health, safety and general welfare, Co promote orderly growth and development and to promote open space, conserve [ion, protec [ion, and proper use of land and to insure provision fur adequate traffic circulation, n ti li Ci eS and SeLVic eS. Section 1.103. Conformity Co General Plen, Specific Plans, Planned Communities and Zoning Ordinances. No land shall be subdivided and developed for any purpose w}tich is not in conformity w?[h the general plan and any specific plan, and any planned community of the City of Rancho Cucamonga or specifically authorized by Cite precise zoning ordinance for [he City. The Cype and Sn [ens ity of la':.d use as shown on the general plan shall determine the type uC streets, -- - highways, uti lilies and public services [hat shall he provided~by the subdivider. Section 1.104. APPlica [ion. The regulations set forth in this chapter shall apply to all subdivisions of parts thereof w4hin [he City of Rancho Cucamonga and Co the preparation of subdivision maps [hereof and to other maps provided for by [he Subd ivisinn Map Act. Each such subdivision and each par[ [hereof lying wl th in [he City of Rancho Cucamonga shall be made and each such map sha1L be prepared and presented for approval as hereafter provided for and required. S ec [ion 1.105. Substandard Lots Prohibited, No final map or parcel maP shall be approved, and no cer ti`ica[e of compliance shall be Issued, if a substandard lot would thereby be created or recognized. Ordinance No. 2B-B Page 4 ~ Section 1.106. Mod if ica[ion of Requirements. lTnenever in the opinion of the Planning Commission the land involved in any subdivision is of such size or shape, or is subj ecC [o such title a limitations of record, or'is affected by such topographical location or conditions, or is to be devoted [o such use that it is impossible or impracticable in the particular case for [he subdivider to conform Fully to Che regulations contained in [his chapter, the Planning Commission may make such modiC ications [hereof as in its opinion are reasonably necessary or expedient and in conformity with Che State Subdividlson Map ~ Act. Section I.I07. Time. In all cases where [his Ordinance or the Subdivision Map Act requires ~ the performance of any act, including the holding of any hearing, by any employee, officer, board, agency, commission, or Che Council within a specified period of time, such time may be extended by mutual agreement between the subdivider and the employee, officer, hoard, agency, commission, or [he Council responsible for [he p^rformance of such act. Section 1,108. Services and Permits. No new City service or utilities shall be provided Co, and no City permit will be issued with respect to, any parcel or lot which is an unr _.:ognized parcel; provided, however, a permit may be issued by the i Building Official for the length of time as he shall determine if he finds such action is necessary to protect Che pub Lic health and safely. 8ec.~ion 1.109. Evidence of Ownership Required at the Time of Filing A~ Ten to live, Parcel, or Final_Map. My subdivider shall submit ev ldence as to the ownership of the land proposed to be divided. Such evidence may be. in the form of a preliminary title report which is dated not more Chan six [y (60) days prior to the date on which the lento rive, parcel, or final map is filed, or such evidence may be in any ocher form which is acceptable to the City Engineer. ~ Section I.ll0. Waivers of Technical of Inadvertent Errors. The Council may waive Che provisions of Section 6647] of the Government Code with respect to any technical or inadvertent error if [he Council ~ f icst makes a finding that such error does not materially affect the val ldl [y of [he map. Sec rion l.lll. Rules and ReRUla[ians. The Community Development Director may adopt rues and regulations r ~I sting to and necessary and proper for the interpretation and admf nis [ration of Ch is ordinance consistent wi Ch the provisions thereof. Ordinance 28-8 Page 5 Section 1.112. Severabili[y. If any section, subsection, sentence, clause, or phrase of this Ordinance, for any reason, is held Co be invalid or unconstiCU [ional, Such invalidity or unconstitutionality shall not affect .he validity or constituefonali[y of the remaining portions of this Ordinance, it being hereby expressly declared that this Ordinance, and Bach section, subsection, sentence, clause, or phrase thereof, would have been prepared, proposed, adopted, approved, and ratified irrespective of Che fact Chat one or more sections, subsections, seneences, clauses, or phrases be declared invalid or unconstitutional. Ordinance No. 28-B Page 6 ARTICLE 2. DEFINITIONS AND AESPONSI BiLITIES Section 1.201 Definitions Section 1.202 Responsibilities Ordinance No. 2ftE Page 7 ARTICLE 2. DEFINITIONS AND AESPONSIEILITIES Sec sign 1.201. Definitions. flock, The area of land within a subdivision which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of Che subdivision. Citv Engineer. The City Engineer of the City of Rancho Cucamonga and shall include his deputies. Citv Planner. The Ci[y Planner of khe City of Rancho Cucamonga and shall include his deputies. Community Uevelopment Director. The Community Development Director of the City of Rancho Cucamonga and shall include his deputies. Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial mild ing on such real property, such as an apar [ment, office, or store. A condominium may include, in addition, a separate interest in other portions of such real property. Conversion. The creation of separate ownership of existing real property mge Cher with a separate interest Sn space of residential, industrial or commercial buildings [hereon. Desi n. "Design" means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilitte5, including alignments and grades thereof; (3) ioca tion and size of all required easements and nigh [a-of-way; (4) fire roads and £ire breaks; (5) lo[ sire and configuration; (6) traffic access; (7) grading; (g) land [o be dedicated for park or recreational purposes; and (9) such other specific requirements in the plan and configuration of the entire subdivision as may be nee es sary or convenient to insure conformity to or implementa Cign of [he general plan or any adopted specific plan. Enviroumental Impact Report (EIR). A Beta lied statement setting forth the environmental eE[ec is and considerations pertaining to a project as specified in Section 21100 of [he California Environmental Quality Act, and may mean either a draft or a final EIR. Final Map. A map showing a subdivision for which a tentative and final map is required by the Subdivision Nap Act or this chapter, prepared in accordance with the provisions of [his chapter and [he Subdivision Map Act designed to be recorded in the of Cice of the County Recorder. General P]an. The General Plan of the City of Rancho Cucamonga. Ordinance Nu. 28-B Page 8 ~ Improvement. "Improvement" refers to such street work, storm drainage, u tili Cies, and Landscaping Co be installed, or agreed to be installed, by [he subdivider on the land to be used for public or private streets, highways, and easements, as are necessary for the general use of Che loe ~ owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final moo thereof; or to such other specific improvements or types of improvements, Che installation of which, either by the subdivider, by public agencies, by private utilities, by any ocher entity approved by [he .focal agency or by a combination thereof, is necessary or convenient ~ [o insure conformity Co or implementation of the General Plan or any adopted specific plan. Improvements shall be constructed in accordance with the City of Rancho Cucamonga Standard Specifications and De [ails and/or when applicable with standards as adopted by local utility companies and approved by the ~ City Engineer. Loc. A parcel or portion of land separated from other parcels or por [ions 6y description as on a subdivision or record of survey map or by metes and bounds for purpose of sale, lease, or separate use. I.ot Line Ad jus[ment. A minor shift or rotation of an existing lot line • or other adjustments as approved by [he City Engineer or authorized eepresen[a[ive. Merger. The ,joining of two or more contiguous parcels of land under one ownership into one parcel. (See Article 11). ~ Map Act. The subdivision Map Act of [he State of California. Offered Ded icacion. "Offered Dedication" shall mean that portion of land which is irrevocably offered to [he Ci [y for future Public Righta- of-way which has no prospective future date for; cons [rue ti on to City Standards; and/or notice of completion. Parcel Map. A map showing a division of land of four or less parcels as re~ui red by this ordinance, prepared in accordance with the provisions of this chapter and the Map Act. Perlnheral Street. An existing street whose right of way is contiguous • ca the exterior boundary of the subdivision. R or.ogni zed Parcel. "Recognized Parcel" shall mean (1) any lot or parcel which was a separate lot or parcel of record nn December 1, 1977, as shown to the official records of the County Recorder (2) Any lot or -,~ parcel which has been or is created after December I, 1977, in accordance with State law nr any applicable City ordinance (7) Any lot or parcel which et the time of annexation to the C1 [y is a s¢para[e lot or parcel of record, as shown in [he official recard5 of [he County Recorder. Subdivteton Improvement Standards. Standard details, standard spec.if ications, ~ and other standards approved by the City Engineer that shall govern the improvements to be constructed pursuant to this chapter and the Map Act. Ordinance No. 28-B Page 9 Subdivider. A person, firm, corpora Cfon, partnership, or assoc la to who proposes to divide, divides, .~! causes to be divided real property into n subdivision for himself or for others; except [hat employees and consultants of such persons or entities, acting in such capacity, are not "Subdividers". Subdivision. The division of any improved or unimproved contiguous land for [he purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, Utility easements or railroad rights of wa7. "Subdivls ion" includes a condominium project, as define.. hereic or in Section 1350 of the Civil Code or a convnunity apartment project, as defined in Section 11004 of the Rus iness and Professions Code. Any conveyance of land to a governmental agency, public entity, or public utili cy shall not be cons Sdered a divls ion of land for purposes of compu [ing the number of parcels. "Subdivision" dues noe include: (a) Buildings divided into spar [menu, offices, stores or similar space wi Chin spar [men[ buildings, Indus trial buildings, commercial buildings, mobile home parks, or trailer parks for the purpose of lease or financing; (b) Land divided by mineral, oil, ar gas leases; or (c) Land dedicated far cemetery purposes under the Health and Safety Code of the S[a[e of California. Subs C;mdard Lot. "Substandard Lot" shall mean any lot which does not meet [he minimum dimension or area requirements for [he zone Sn which i[ is minimum lo[ area or dimensions, [he area of any easement which res tr is [s [he normal usage of the lot may be excluded. Tentative Parcel Map. slie 11 mean a Tentative Nap of four or 7.ess lots, e [c. Tentative tract map. shall mean a tentative map for a propeaed subdivision cre;a[ing five (5) or more lots, five (5) or more condominiums as defined in Svc tion 783 of the Civil Code, a community apartment project con[a fining five (5) or more parcels, or for the conversion of a dwelling [o a stock cooperative canto fining five (5) or more dwelling units, except foe those suhdivisions which comply with the provisions of subsections (a), (b), (c) or (d) of Section 66426 of the Government Code. L'nrecnrni zed Parcel. "Unrecagni zed Parcel" shall mean any lot or parcel which is not a recognized parcel. 7.on ing C-d {n_ance. "7.on i.ng ordinance" shall mean the 7.aning Ordinance of the City of Rnncho Cucampnpa, or any ordinance enacted under zoning law. Section 1.202. Respons ibili[ies. l.: '1 _I City_ Ar.t nrne _. The Ci[y A[[orney shall be respuns ible for app rnvi nP, ns to fucm all subd ivis run improvement agreements and subdivision improvement securities. Ordinance Yo. 28-B Page 10 ~ 1.202.2 City Council. The Ci[y Council shall have final jurisdiction in the approval of final maps, parcel maps, and Smprovement agreements and the acceptance by [he City of such lands and/or improvements as may be proposed for dedication to the City for all subdivisions. The Ctty Council shall act as The appeal board for hearing appeals of ~ [he approval, conditional approval or denial of tentative subdivision maps.and parcel maps. 1,^_02.3 City Engineer. The City Engineer shall be responsible foz: (a) Fs tablishing design and construction details, standards, and ;pee £fica [ions; (b) Determining if proposed subdivision improvements comply with the provisions of this chapter and the Map Ac[ and for reporting the findings together with any recommenLa Cio us for approval, or conditional approval, of all tentative maps by report to the Community Development Director. ~ (c) The processing and approval of final maps, parcel maps, reversion [o acreage maps, amended maps, subdivision improvement plans, lot line adjustments, mergers, and certificates of compliance; and (d) The inspection and approval of subdivision improvements. ~ (e) The acceptance of dedications and improvements for subdivisions of four (4) or less parcels. (f) The inspection and approval of private improvements (improvements no[ Co be maintained by Che City). (q) Preparing and submi t[ing bonds and improvement agreements for public improvements for all subd ivisinns. (h) Examining and cer ti Eying that final maps are in substantial conformance to the approved tentative map. ~ 1.202.4 City Planner. The Ci[y Planner shall be responsible for: Investigating proposed subdivisions for conformity to the General Plan, specific plans, planned communities and zoning ordinances of the City and reporting his finding together w1 [h recommendations for approval or conditional approval to the Design Review Committee. ~ 1.202.5 Community Development Department (CDD). The Comnunf.ty Development Department shall he responsible for the processing of all subdivision maps. L 202.5 Community Development Director. The Comunity Development • Director shall be responsible for the management of the Community Development Department in carrying nut the responsibilities imposed upon it by this Chap Cer. 1.202.7 Design Review Committee (GRC). The Design Aev tew Cammt[[ee shall be responsible for thn review of tentative maps (for subdivisions ~ of 5 or more parcels or unit=) for general. layout and aesthetics pursuant to ~,ec ci on 65477.1 of the Nap Act and to Ordinance fl6 Eor approval or conditional approval to the Planning Commission. Ordinance No. 26-B Page 11 1.202.6 Planning Commission. The Planning Commission shall he responsible for approving, conditionally approving, or denying tentative maps of all sobd ivisiorts, and reporting lts action [o the City Council. Ordinance No. 28 -H Page 12 Section 1.301 Section 1,302 Section 1.303 Section 1.304 Section 1.305 Section 1.306 Section 1.307 ARTICLE 3. MAPS REQUIRED General Division of Land Five or More Parcels Division of Land Less than Five Parcels Fees and peposits Submittals Exclusions Remainder Parcels Ordinance No. 28-8 Page 13 ARTIChE 3, MAPS REQUIRED Section 1.301. General. The necessity for tentative, final, and parcel maps shall be governed by the provisions of this Chapter, Section 1.302. Division of Land - Five or More Parcels. A tentative, and final map shall be required for all divisions of land when determined by [he Community Development Direc to: that such land divided into five or more parcels, flue or more condominiums as defined in Section 783 of [he State Civil Code, or a community apartment project con tainink five or mare parcels except for: (a) Land Divided by mineral, oil, or gas leases. (b) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California. Section 1.303. Division of Land Less than Five Parcels. A tentative map and parcel map shall be required for all divisions of lands which create less than five parcels except far: (a) Divisions of land created by short-term leases {terminable by el Cher par [y on no[ more than 30 days notice in wr£tring) of a portion of an operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code, provided, however, that upon a showing made co [he City Eryinesr based upon subs tancial evidence that public policy necessity tea such a map, this exception shall not apply. (b) Lot line adjus [menu, provided: 1. No additional parcels or building sites have been created. 2. The adjustment does not create [he potential to Further divide either of the two parcels into mere parcels than would have been otherwise possible. 3. There are no resulting violations of [he Rancho Cucamonga Municipal Code. (c) Except when the parcel map is waived by the City Erg'_neer as prcv ided by Section 1.502. i0. A Tentative map, Sn a Form as required by [he City Engineer and a c ertiElca to of compliance in accordance with Section 1.1104 shall be required for lot line adjustments, mergers, certif.lca[es of compliance and parcel map waivers. Ordinance No. 29-B Page 14 Section 1.304 Fees and Depostis. All persons submitting maps as required by this chapter shall pay all fees and/or deposits as provided by the City's resolution establishing fee: and charges, or as provided by this chapter. . Sec Cion 1.305. Submittals. (a) Any submissions of a map shall not constitute submission for filing with the City until all attachments and required statements, instructions, environmental forms and clearances, and a completed application form with appropriate fees or receipts therefor are deposited with the Conmtunity Development Department and a written receipt therefor is provided to the filer. (b) Failure to submit all materials and statements required by this chap cer shall cons tiro [e grounds for rejection of filing ~ [he application. Section 1.306 Exclusions. All portions of the recognized parcels proposed to be divided shall be Included in and identified by number on each map required or permitted by the Subdivision Map Act or this Ordinance, • except in the following cases: (a) The present owner of an unrecognized parcel may file a map of that portion of the recognized parcel which he owns and exclude [he remainder of the recognized parcel if [he present owner was not [he subdivider at the time [he unrecognized parcel was created; or, • (b) The owner of an unrecognized parcel, who was the subdivider at the Cime the unrecognized parcel was created, may file a map showing all portions of the previously recognized parcel which is not now a recognized parcel. (c) For [he purposes of this section, any person who, at [he time ~ he acquired an unrecognized parcel, had actual or constructive knowledge that the same was an unrecognized parcel shall be deemed a subdivider who created the unrecognized parcel. Section 1.307 Remainder Parcels. (L) The subdivider may desSgnate as a remainder [hat portion of [he subdivision which is not divided for the purpose of sale, lease or financing. (2) For any remainder parcel so designated, [he fSnal map or • parcel map shall s[a to as a condition of approval [hat said remainder portion shall no[ be sold, leased or financed until all improvements which are required have been constructed or the in-lieu fees have been paid, or the subdivider has entered into an agreement with the City providing for the construction of such improvements ac [he subd iv ider's expense, within a period of twelve (12) months after • [I~e recordation of. the map. In the latter case the subd ivlder shall he required to furnish security in connec [ion with the performance of such agreement as provided in Section 1.708. Ordinance No. 28 -e Fage 15 (3) Notwithstanding sub-section (2) of this section, the City Council hereby finds [hat i[ is necessary for reasons of public health and safety [ha[ all required off-site improvements be constructed within a period of twelve (12) months follow irg the recordation of a parcel map or final map for each parcel or unit of land des igna Led on such map as the remainder upon which [here exists a building or other usable structure at the time of such rEC Orda Ci On. Ordinance No. 28 -B Page 16 ARTICEE 4. SUBDIVISION MAPS (FIVE OR MORE PARCELS) S ec Lien 1.401 Tentative Subdivision Maps Section 1.402 Final Maps Ordinance No. 28 -B Page 17 ARTICLE 4. SDBDIVISION MAPS (FIVE OR MORE PARCELS) Section 1.401. Tentative Subdivision Maps. 1.401.1 General. Tentative tract maps shall be filed with the Community Development DepartmenC and shall be accompanied by an application. The number of copies of such application, and Che form and content thereof, shall be as from time to time es [ablished by the Convnuni ty Development Department, 1.401.2 Form and Contents. Tentative tract maps shall be legibly drawn on one or more sheets eighteen inches (18") by twenty-six incises (26") or [wen ty-four inches (24") by thirty-six inches (36") in size. The scale of CenCat ive maps shall be a minimum of I" = 100' and shall be prepared by a registered civil engineer or licensed land surveyor. Ten [a tiVe tract maps shall contain no[ less than the following information: (a) A title which shall contain the subdivision number, subdivision name, and type of subdivision. (b) ?!a.:es, addresses and teleyhone numbers of legal owner, subdivider, and person preparing [he map (including registration number). (c) The boundary lines and a legal description of the parcels; The Recorder's book and page of Deeds and Assessors parcel number shall be Snc laded. (d) Dale, north arrow, scale and contour interval. (e) Existing and proposed land vse. (f) A vicinity map showing roads, adjoining subdivisions, towns, creeks, railroads, and other data sufficient [o locate the proposed subdivision and show its relation to the community. (Minimum Scale 1" 1,000') (g) The zoning of the area shown on the map. If [he area is situated in more than one zone, zone boundaries shall be shown; (h) Tl~e area of the parcels shown in acres or square feet; (i) The lengths of the boundary lines of all to [s; (j) The area oC each loc shown in acres or square Eeet; (k) Cach lot shall be designated consecutively by number; (1) Existing topography of the proposed site and at leas[ 100 feet beyond its bouncla ry, including but not limited to: Ordinance No. 28-B Page 18 1. Existing contours at 2f t. intervals iE the existing ground slope is less than 10 percent and at not less Chan 5 fC. intervals for existing around slopes greater than or equal Co 10 percent. fontour intervals shall no[ be spread mare • than 150 fee[ apart. Exie[ing contours shall be represented by dashed lines or by screened lines. 2. Type, circumference and drip line of existing trees as defined by Ordinance 37 (Preservation of Trees on Private Pro~~er ty) Any trees proposed to be removed shall be so indicated. • 3. The approximate location and outline of existing structures identified by type. Buildings to be removed shall be so marked. 4. The approximate location of all areas subject to innundation or storm water overflow and the location, wid [h, and direction ~ of flow of each water rourse. 5. The location, pavement and right of way width, grade and name of existing streets or highways. 6. The wid [hs, location, and identity of all existing ~ easements. 7. The location and size of existing and proposed sanitary sewers, water mains, fire hydrants and storm drains. The approximate slope of existing sewers and storm drains shall be indicated. ~ 8, Any obs true Cions within five feet (5') of any existing parcel line or proposed lot line. 9. Any significant topographical feature inside the boundary or within 100 feet of the boundary lines of the parcels, ~ ins luding water and drainage courses, railroad lines, and the like. (m) Proposed improvements [o he shown shall include but not be limited [o: 1. The location, grade, centerline radius, and arc leng [h of curves, pavement and right of way width and direc [ion of flow by arrows. Typical sections of all streets shall he shown. 2. The location and radius of all curb returns and cu]-de-sacs. • 3. The location, width, and purpose of all easements. 4. The angle of intersecting streets if such angle deviates from a right angle by more than four degrees. O Ortlinance No. 26 _g Page 19 5. Preliminary site and grading plan showing the approximate grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each ].o t. Shading of all cut and fill slopes in excess of 5 vertical feet. 6. A grading plan with proposed contours at 2f t. intervals shall he shown iE the existing ground slope is less than five percent and not at less than Sf t. intervals for existing ground slopes greater than or equal to 5 percent. A separate grading plan may be submitted. 7, Proposed recreation sites, trails, and parks Eor private or public use. - B, Proposed common areas and areas to be ded ica [ed Co publ is open space. 9. The loco Cion and Size o£ sanitary sewers, water mains, and storm drains. Proposed slopes and approximate elevations - of sanitary sewers and storm drains shall be indicated. 10. Typical street and lot combination sections may be required by the Ci[y Engineer for adequate review. (n) The name or names, addresses and telephone numbers of the ~ geologist or soils eng ineei whose services were required in the preparation of [he design of the tentative map. (o) The sou ice and date of existing contours. (p) All le[terSng Size shall he 1/8" minimum. (q) Cer tlf icates for execution by the Becetary of the Planning Cummis Sion indicating Che approval o£ the tentative maF and Che date thereof by the Planning Commission. (r) A completed and approved negative declaration, environmental ~ impact report or notice of exemption conforming [o the City Code and California Environmental Qua lily Act shall be tiled with the tentative - No tentative map shall 6e considered for approval l isi[e environmental procedures have been completed. until ali ~ (s) If the subdivider plans [o develop the si Ce in phases then the ~ tentativr map shall indicate the proposed phases and their sequence of development in bold letters diagonally situated to be readily d iscernnble Crom any other woods or no[a tions or. Che map. (t) The Community Development Director may waive any of [he foregoing tents [ivu map requirements whenevor he finds that [he type of ~ subdivision is such as not to necessitate compliance with these requirements, or that o[h er circumstances justify such waiver. The Community Development Director may require other such drawings, data, or other information as ueemed necessary. Ordinance No. 28 -B Page 20 1.401.3 Accompanying Data and Reports. The Tentative Map shall be accompanied by Che following data or reports: (a) Soils Report q preliminary soils report prepared in accordance • with Che City's Grading Ordinance shall be submitted. If the preliminary SOlls iCn orC ind icatPa the nr o_cc_..ro pf ..~; ,5.. ~.11 .. ............:.... ....; 1.. - _ . _ ........~ . ~ . .............. s....... .or other soil problems which, if not corrected, would lead [o structural defects, the soils report accompanying the final map shall coll[ain an investigation of each lot within the subdivision. The Cify Engineer may waive a preliminary soils report if he shall determine [ha [: ~ (1) Due [o the knowledge the City has as to the soil qualities of the soils of the subdivision, no preliminary analysis is required. (2) If Che preliminary soils report indicates [he presence of ~ critically expansive soils or otter soil problems which, if not corrected, would lead to structural defects, [he City Engineer may require a soils investigation on each lo[ in the proposed subdivision. (3) All soils investiger [ions which are required shall be done ~ by a civil engineer, registered in the S[a [e, who stlall recommend the corrective action which is likely to prevent strut [oral damage [o each structure proposed to be constructed in the area where such soil problems exist. (4) Purcu la [ions tests For private disposal system shall be ~ approved by Santa Ana Regional Quality Control Roard, San Bernardino County Environmental Health Services, and the CCWD. Such approval, denial or conditional approval, shall be noticed by a repore to the Co~mnunity Development Director and will become par[ of [he tentative approval. • (b) Ti[Le Re or[ A preliminary title report, prepared within 3 months prior to filing the Tentative Map. (c) Engineering Ceo logy and/or Seismic Safety Report If Che subdivision lies within special geologic lla za rd impact area, as . shown on maps on file in the Community Development Department, a preliminary engineering geology and/or seismic safety report, prepared 1n accordance with guidelines es tabllshed by the Community Development Department. If the preliminary engineering geology and/or seismic safety report indicates the presence of geologic hazards or aelsmlc hazards which, i£ not corrected, wnu ld lead to • structural defects, an engineering geology and/or seismic safety report shall accompany the final map and shall contain an investigation of ra ch lot wi chin [he subdivision. (d) Schno] Site The subdivider shall obtain from the school dlstr is [s involved thrir in trnt5on, in writing, concerning the • necessity for a school site, if any, wi chin the subdivision and shall present this information to the Cormnuni[y Development Director prior to the r.nns ides Lion of [he tentative map by the Planning Commission. Ordinance No. 28_g Page 21 (e) Environmental Impact Assessment. No tentative map filed pursuant to the provisions of this chapter shall be approved until the subdivision Ss found exempt or an initial study is completed and a negative declaration or envirmunen[al impact report, as appropria [e, is prepared, processed and considered in accordance with the provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required for the preparation and processing of environmental review documents. (f) The design of a subdivision for which a tentative map is required shall provide, [o fhe extent feasible, for fu tine passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design, include design of lo[ size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orien to Lion of a structure to take advantage of shade or prevailing breezes. In providing for future passive or natural heating or cooling opportunities in [he design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and [o other design and improvement requirements, and such provision shall not result in reducing allowable densities or [he percentage of a Lo[ which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. (g) Other Fepor is Any other data or reports deemed necessary by the Conununi[y Development Director. Paragraphs (a), (c), (d) and (f) shall noc apply to condominium conversions. 1.401.4 Submittal Informs [ion for Growth Management Plan Consistency Tentative Maps submitted as "total development" rather than "Tract Subdivision" as defined in Ordinance 86. (Growth Management Plan) shall in addition co the material required by section 1.401 and section 1.401.3 submit the following material pursuant [o Ordinance 86; (a) An il.lustra Live Site Plan to include proposed and existing improvements, landscape concepts and other elements as may be necessary to illustrate [he site plan. (b) A Preliminary Archi tee CUral Plan showing typicals of all sides of proposed buildings an<I structures indicating materials to be used, trees, landscaping, and shadows to give elevations graphic dimension. (c) Development schedule of an[tcipa ted proposed proj ec[ including phasing. Ordinance No. 28-B Page 22 1.401^5 Submittal to Community Development Department. The Tentative Map shall be considered for filing only when such map conforms en Section 1.401.2 form and contents and when all accompanying data or reports, as required by Section 1.401.3 and 1.401.4 if applicable, have been submitted and accepted by the Community Development Director. The Subdivider shall file with the Cortwuni[y Development Depar [men[ the number of Tentative Maps the Director may deem necessazy. 1.401.6 Commnunity Development Depar emenC Review and Development Rev' Committee. The Community Development Department shall forward copies of the Tentative Map to the affected public agencies and the Development Review Committee which may, in turn, forward to the Community Development Department their findings and recommendations thereon. The City Engineer and City Planner shall review the tentative tract map to determine if it conforms with all the applicable provisions herein se[ forth and the Subdivision Map Ac [. The City Engineer and City Planner shall inspect the site of [he proposed subdivision and shall conduct such further investigations as he shall deem necessary. The City Engineer and City Planner shall prepare a report on the tentative tract map which report shall be forwarded to [he Community Development Director and shall contain, but need not be limited to, the following: . (a) A statement that all the inEorma [ion required to be shown on a tentative tract map is shown thereon or, al.terna Lively, an itemization of Chose items required to be shown which are no[ shown thereon. (b) A statement as [o whether or not the tentative tract map • provides far proper grading and erosion control, including Che prevention of sedimen Lotion of damages Co ofF-site property. (c) An environmental assessment prepared in accordance with [he guidelines for the implementation of the Envi ronmen ca ]. Quality pct ~ of the State. (d) A determination as [o whether the preliminary soils report referred to in Section 66490 of the Gove.rnmenc Code should be required or waived and the reasons far such recommendation. • le) A statement as to whether or not a discharge of waste from the proposed subdivision into an existing community sewer system would result in the violation of [he ex is[Snq requiremen cs prescribed by any Regional Water Quality Control Board of the S[a [e having iurisd iction aver Che area of the proposed subdivision, iE i[ is proposed Chat the subdivision shall discharge waste in co such existing community ~ sewer system. (f) Conformance o£ [he map with applicable General, or specfflc plans for reconunended ded ica[ions. (g) Tho design of the subdivision meets the s[a ndards and criteria ~ set forth in city ordinances £or recommended impravemen es; and, (h) Recommcnd~d conditions of approval. Ordinance No. 28 -B Page 23 1,401.7 Design Review Committee. All information required by section 1.401,4 pursuant [o Ordinance 86 (Growth Management Plan) shall be reviewed by the Design Review Committee for comment and recommendation to Che Planning Commission. 1.401.8 Industrial Commercial Subdivisions. Subdivisions of land that are zoned for either Industrial or commercial uses may (iE qualified under Section 66426 of SCa to Map Ac [) file a Parcel Map for Subdividing purposes, regardless of the number of lots. Such subdivisions of 5 or more parcels shall conform [o the requirements of this ar Cicle for tentative and Final Maps. All such subdivisions will be subj ec[ to construction of all proposed internal streets, as shown on [he approved Tentative Map. Peripheral s tree CS shall be construe red, to city etandard s, as may be deemed necessary, by [he Planning Commission, for Public health and safety or orderly development? nr, may be a requirement of building permit issuance or other future grants of approval for individual lots. 1.401.9 Planning Commission Action 1.401.9.1 General. Upon having accepted the Tentative Map for EilinR, and after completing depot [mono review of the same, and rece ipc of recommendation the Development Review Committee and Design Review Conuni [tee, the Community Development Director shall schedule the Tentative Map for review by the Planning Commission. llpon receipt of the Community DevelopmenC Director's rep or[ and recommendations, the Planning Commission shall hold a hearing, co consider the Tentative Map for approval, conditional approval, or denial. Swch hearing shall noticed by publication at leasC once, 10 days before [he hearing date in The Daily Re orC of Ontario, California, a newspaper of General Circulation in Che City of Rancho Cucamonga, California. The Community Development Director shall cause any report(s) or recoimnendation(s), on the centa rive map, by the staff of the City to [he Planning Commission shall be in writing and a copy thereof served on the subdivider at leasC 3 (three) days prior to any hearing or action on Such map by [he Planning Commission. T1:e Planning Commission shall approve, conditionally approve or deny the Ten to [ive Map within fifty (SE') days after the Tentative Map has been accepted for filing. 1.40E 9.2 APProvnl. In approving or conditionally approving Res identiat Tentative Subdivision Maps, the Planning Commission shall find chat the proposed subdivision, together with its provisions for its design and improvements, is cons istenc with applicable general, specific plans, or planned communities adop Ced by the City of Rancho Cucamonga. The Plano ittg Commission may modify or delete any of [he conditions of approval recommended in [he Community Development Direr. tot's report, except condi[i ons required by City ordinance nr by [he Ctcy Rngine er, related to public health and safety or standards approved by the City Engineer, or add add l[ional requirements as n condition of its approval. Ordinance No. 28-H Page 24 As a condition precedent to the approval of a tentative map, the Planning Commission may require [he subdivider [o: (a) (Dwelling llni ts: Health and Safety Items.)...incorpora to • into each dwelling unit such items as i[ deems necessary for the health and safety of the occupants thereof. Such items may include, but need not be limi Ced [o, the following: (I) Fireplace chimney spark arresters; (2) Noise insulation; and, ~ (3) Filtered air-conditioning. (b) (Zoning.)...secure a change of zone to [he most restrictive zone in which the proposed use is permi [t ed. (c) (Notices to Department of Real Es to te.)...adv ise The Department of Real Estate of the State of any matter which the Advisory Agency helieves should be included in the puhlic report to be issued by said Department with respect to Che subdivision. (d) (Maintenance of Land scaDing and Irriga [ion Systems: • Assessment Distric [s.)...main[a in, at his own expense, all landscaping and irrigation systems within a proposed assessment district until such time as the Eirs[ assessment for the assessment district is placed on [he County assessment roll. • (e) (D emoli[ion.)...demolish or remove, at [he subd ivider's expense, of any structure located wholly or in part within the rig}~t-of-way of a master planned street or proposed new street. (f) (Assesmen[ Dis Cr is ts.)...agree to the formation of an assessment district or districts under the Landscaping and ~ Lighting Ac[ of 1972 or such other Districts as [he City may require. If no action is taken by the Planning Co~mnission within the time limit as specified, the Tentative Map as filed shall he deemed to • bs approved, insofar as i[ complies with other applicable provisions of the State Subdivision Map Act, [his chapter and other Ci[y ordinances, and it shall 6e the duty of the City Clerk to certify the approval. ].40 L 9_3 Denial. The Tentative Subd iviaion Map may he denied by the Planning Commission nn any of Che grounds provided by City ~ ord inanr.es or the S[a to Subdivision Map Act. Or ff it finds [hat [he propos rd waste discharge from the subd ivi:;iuu wou id result in or add to vin la [ions of [he requirements of any Regional Water Quality Huard of the State having jurisdiction of [he area in which the aubdivis ion is located. The Plnnn ing Commission shall deny approval of the Tentative Map if it make;; any of the following findings: Ordinance No. 28-B Page 25 (a) That 'he proposed map is not consistent with applicable general and specific plans. (b) Tha[ [he design or improvement of [he proposed subdivision is no[ consistent with applicable general and specific plans. (c) Tha[ Che site is nn[ physically suitable for the type of development. (d) ThaC the site is not physically suitable for the proposed density of development. (e) That Che design of the subdivision or the proposed improvements are likely [o cause substantial enviromnental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision of the type of improvements is likely to cause serious public health problems. (g) Tha[ the design of the subdivision or [he type of improvements will conflict with easements, acquired by the public a[ large, for access through or use of, property within the proposed subdivision. In this connection, [he governing body may approve a map if it finds that alternate easementa, For access or for use, will 6e provided, and that these will be substantially equSvalent to ones prey :ously acquired by the public. This subsection shall apply only to easements of record ur to ea semen [s esiabllshed by judgment of a court of competent jurisdic [ion and no authority is hereby granted to a legislative body to de texmine [ha[ the public at large has acquired easements for access through or use of property within the proposed subdivision. 1.401.9.4 Extension of Time for Planning Commission or City Council Action. The time limits set forth above Enr acting nn rite tentative map may be extended 6y mutual consent of the subdivider and the Planning Commission or the Ci[y Council. 1 .GOt.lO AoPeals of Planning Commis inn Action. 1 .40L.10.1 By Subdivider. if the subdivider disagrees with any action by [he Planning Commis icn wS th respect [o the tentative subdivision map, he may, within IS days of such decision file an appeal with the City Clerk. The Council sha 11 consider the appeal within thirty (30) days unless the subdivider consents to a continuance. Thfs appeal shall be n hearing with notice to the subd ivSder and the Planning Commission, and upon conclusion of [he bearing, the Council shall, within ten (10) days, declare its findings. The Council may sustain, modify, reject or overrule any recommends [ions or rulings of the Planning Commis ion and may make such findings as are no[ inconsls ten[ with the provisions of this chapter or the S [a to Subd Sv isi on Map Act. Ordinance No. 28-B Page 26 1.401.10.2 By Interested Persons. Any member of City Council or City Staff or any 1^.[erested person affected by a decision of the Planning Commission, may file a complaint with the City ~ Council concerning such decision. Any such complain[ shall be filed with [he City Clerk within fifteen (IS) days after [he action which is the subject of the complaint. No complaint shall be considered after the fifteen (15) day period. The City Council shall set the matter far hearing. The hearing shall be held within 30 days after the filing of the complaint ~ pursuant to the procedures contained in Section 1.401.10.1, with additional notice being given [o [he affected interested persons. Upon conclusion of the hearing the City Council shall, within seven (7) days, declare its findings based upon the testimony and documen [s produced before it. It may sustain, modify, reject or overrule any recopm,endaCions or rulings of the Planning Commission and may make such findings as are not inconsistent with the provisions of this ordinance. 1.401.10.3 For General Plan and Specific Plan Conforml ty. ~ Any interested person may appeal any decision of [he Planning Commission relative to conformity to the General Plan or any specific plan of the City to the City Council within 15 days of approval or conditional approval. Such appeal and hearing eherzon shall be in accordance with Section L 401.10.1 of chic chapter. ~ 1.40I.1L Exntraticn and Extensions. 1.401.11.1 E~iration. The approval or conditional approval of a [en^.aCive subdivision map shall expire 18 months from [he date of [he adoption of Che Resolution by [he Planning Commiss inn approving or condi Honally approving the map. An extension to the exp ira[ion date may he approved as provided in Section 1.401.11.2 (b). Expiration of an approved or conditionally approved tents tive map shall germinate all proceedings and no final map or parcel of all or any portier. of the real property included within such tentative ~ map shall be filed without first processing a new tentative map. 1.401.11.2 Extensions. (a) Rerlueet by Subd tvid er. The subdivider or his representative may request an ext mrs ion of the exp lration Late of [he approved or ~ conditionally approved tentative subdivision map by wr if [en application to [he Community Development Depar [men[. The application shall 6e filed not less than sixty (60) days before the map is [o expire, and shall state the reasons Eor requesting [he extension. (b) Planning Commission Acd on. The Community Development Director ~ shall review rile request and submit the application for the extension, together with his report, co the Planning Commission for approval, cond It ional approval or denial. The res~lu Hon adopted by the Planning Cnmmlasi :n approving nr conditionally approving an extenston shall specify [he new expiration date of [he tentative Subdivision map. Ordinance No. 28-g Page 27 (c) Time Limit of Extension. The approved extension shall not exceed up Co an additional 24 months. The approved new expiration dale shall not extend vote Chan three and one-half years beyond the date of Che resolution ad op Ced by the Planning Conrtnissien apprbving or conditionally approving the tentative subdivision map. (d) Conditions of Approval. As a condition of Che extension of a Tentative Subdivision Map, the Planning Commission may impose new conditions or revise existing conditions on the approved tentative map as recommended by the Community Development Director in his repot[ or as it may find necessary. The Commission shall follow all Public Hearing notice requirements cf [he State Subdivision Map Ac [. _ (e) Appeal of Conditions of Extension. The subdivider may appeal any action of [he Planning Commission on the extension to the City Council within fifteen (15) days of such action in conformance to Sec [ion 1.401.11.1 of this chapter. (f) Pee. The fee for processing an extension shall be pursuant [o the City's master fee resolution. 1.401.12 Amendmen [s [o Approved Tentative Map. Minor changes in the tentative map may be approved by the Community Development Deparemen[~ upon application by the subdivider provide Chat; (a) No lots, units or building, sites are added (b) Such changes are consistent with the intent and spirit of [he nr igf nal [enCa [ive map approval. (c) There are no resulting violations of Ordinances or Resolutions of the City. Any revision shall be approved by [he City Planner and the City Engineer. The amendment shall be indicated on the approved map and certified by [he City Planner and the City Engineer. Amendments of the [enCa [ive map other than minor shall be presented [o [he Planning Commission for approval. Processing shall he in accordance with Sections 1.401.6 and 1.401.9. Any approved amendment shall not alter the expiration date of the tentative map. Sec tinn 1.402 Final Maps 1.602_1_ General. The form, contents, accompany ing daca, and filLn£; of [he Final Map shall conform to the provis{nns of [his Article, The Fina: Nap sha Ll he prepared by or under the direction of a registered Civil F.nRtneer or licensed Land Surveyor. Ordinance No. 28 -$ Page 28 • 1.402.2 Survey and Monuments. (a) Survey Required. An accurate and complete survey of the land to be subdivided shall be made by a registered civil • engineer or licensed land surveyor. A11 monuments, property lines, center lines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 5/10,000 for Field closures and 2/10,000 for calculated closures. • (b) Monuments Required. At [he time of making Che survey Eor the final map, [he engineer or surveyor shall set Buff icient durable monuments to conform with the standards described in Section 8771 of the Bus mess and Professions Code so chat another engineer or surveyor may readily retrace [he survey, • At leas[ one exterior boundary line shall be monumented prior [o recording the Einal map. Other monuments shall be set as required by the City Engineer. 1.402.2.7 Monument Security. Security for the cos[ of selling parcel monuments shall be the estimated cost there of as determined • by the City Engineer. Release of such security slta 11 be in accordance with [he Map AcC after tie notes for said monuments have been approved by [he City Engineer. 1.402.3 Form. The form of [he final map shall conform to the Subdivision Map Act and as provided herein. ~ The final map shall be legihly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base Eilm. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the map with opaque ink. IE ink is used on polyester base film the ink surface shall be coated • with a suitable substance to assure permanent legibility. The size of each sheet shall be 18" x 26". A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one Lnch. The scale of the map shall be no[ less than 1" = 100' or as may be necessary [o show all details clearly, and • enough sheets shall be used to accomplish this end. The par [iculnz number of the sheet and the total number of sheets comprising [he map sha 11 be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When four or more sheets incl.ud inp, the certificate sheet are used, a key sh ee[ will be included. A11 prin tiug or lettering on the map sha 11 he of nne-eighth Inch minimum height and of such shape and weight as to be readily legible on prints and other reproducel ons made from the original drawings. The final form of the Cf nal map shall be as approved by [he City • Engineer. Ordinance No. 28 -e Yage 29 1.402.4 Contents. The contents of the final map shall conform [o the Subd ivisiort Map Ac[ and as provided herein. (a) Boundary. The boundzry of the subdivision shall be designated by a•heavy line applied with ink in such a manner as not Co obliterate Figures or other data and large enough to be destinguishable from other lines on [he Map. (b) Title. Each sheet shall have a title showing the subdivision number and name and the location of the property being subdivided wi [h reference Co maps which have been previously recorded, or by reference to [he plat of a United Sta [es Survey. The following words whall appear in [he title, "In the City of Rancho Cucamonga". (c) Certificates. The following certificates shall appear only once on the cover sheet. (1) Owners Cereif is ate. A notarized cer CiEicate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of [he final map is required, except as follows: (a) Neither a lien for state, county, municipal or local taxes, nor Eor special assessments, nor a cruse interest under bond indentures, nor mechanics liens constitute a record Ciele interest in land for the purpose of [his ordinance. (h) The signature of either [he holder of beneficial in Ceres CS nndeY CYUSt deeds Or Che tr US tee Under such [rust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map. (c) Signa [ores of parties owning the following types of in Ceres cs may be omitted if their names and [he nature of [heir respective interests are stated on the final map: (I) Rights of way, easements or other interests which cannot ripen into a Eee, except those owned by a public entity or public utility. If, however,the City Council determines [hat division and development of the property in the manner set Eor th on the final map will not unreasonably interfere with the free and complete exercise of [he public entity or puhllc utility rtgh t-of-way ar easement, the signature of such public entity or public utility may be omitted. Where such determination is [o be made, the provisions of the State Subd iviston Map Ac[ Section 66416 (c) (1) shall apply and stay nny further action on the map until procedures specified therein are exhausted. Ordinance No. 28 -$ Page 70 (I I) Rights-of-way, easements or revisions, which by reason of changed conditions, long disuse or laches appear to be no longer of practical use or value and signatures are impossible or imptac tical to obtain. A sta [ement of the circumstances preventing [he ~ procurement of the signatures shall also 6e stated on the map. (III) Interests in or rights to minerals, including but not limited to nil, gas or other hydrocarbon substances. (d) Real property originally patented by tha United • States or by the State of California, which original paten[ reserved interest to either or both of such entities, may be included in [he final map without the consent of the United Sta [es or the State of California thereto or to dedications made thereon. ~ (2) Engineer's Certificate. A certificate by [he engineer or surveyor responsible for [he survey and final map shall appear on the map. The certificate shall give the date of the survey state that the survey and final map were made by or under [he direction of the engineer ~ or surveyor, and that the survey is true and comp le [e as shown. The certificate shall also state that all the monuments are of [he character and occupy [he positions indicated, or that [hey will be set in such posit Ions on or before a ~ specified later da Ce. The Certificate shall also state [hat [he monuments are, or will be, sufficient to enable [he survey to be retraced. The cer [ificate shall sta [e that [he map complies [o [he Subdivision Map Ace and the provisions of [his chapter. ~ (3) City Engineer's Certificate. A cer [if Scale by Che City Engineer stating [Itat [he map has been examined and that it is in accord with the tentative map and any approved alterations thereof, complies with the Subdivision Map Act of the Slate and the provisions of this chapter, ~ and is technically correct. (4) Planning Commission Cer ti(ica te. A cer [Sfica[e by [he Secretary of [he Planning Commission stating that the tenta rive map was approved by resolution of the Planning Commission. The date and number of the resolution shall ~ appear in Che certi Eicate. Ordinance No. 2g -8 Page 3l (5) City Clerk's Certificate. A certificate Eor execution by the City Clerk stating the date and number of the resolution adopted by [he City Council approving the Final Map and stating that [he City Council accepted, accepted subject to improvement, rejected, or did not accept of reject on behalf of the public, any real property offered for dedication for public use in conformity with the Berms of the offer of dedication (6) Certificate of Soils Report. If a soils report is required for Che subdivision, a certification signed, stamped and dated by a soils engineer shall appear on Che map. The cer[if ica to shall read, "A soils report for Subdivision No. was prepared by me or under my direction and was Filed with the City on date (y} County Recorder's Car of icate. A certificate to be executed by the County Recorder s[a [ing that the map has been accepted for filing. That [he map has been examined and [hat i[ complies with [he provisions of State laws and local ordinances governing the filing of Final Maps. The certiE icate shall show who requested the filing of the map, the time and date the map was filed and Che book and page where the map was filed. (8) County Clerk's Certificate. A certificate to be executed by the County Clerk seating [hat all taxes due, have been paid or that a tax bond assuring the payment of all taxes which are a lien but not yet payable has been filed with the County. (d) Scale, North Paint, and Basis of Reari ngs. There must appear on eacfi map sheet the scale, the north pain[, and Che basis of bearings based, and tfie equa Cion of the hearing [o true north. The basis of bearings shall be approved by the City Engineer. (e) linear, AnRUlar, and Radial Data. Sufficient linear, angular, and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision and of Che boundary lines of every lot and parcel which i; a part thereof. Length, radius, and total central angle or radial bearings of all curves shall he shown. Ditto marks shall not be used in the dimensions and data shown on the map where duplicate data is being expressed. Otd finance No. 28-B Page 32 (f) Monuments. The location and description of all existing and proposed monuments shall be shown. Standard Ci[y monuments shall he set a[ (or from offsets as approved by the Ci[y Engineer) [he following locations: (1) The intersection of street centerlines. • (2) Beginning and end of curves in centerlines. (3) At other locations as may be required by the City Engineer. ~ (g) Lot Numbers. Lo[ numbers shall begin ai Ch the number 1 in each subdivision and shall continue consecutively with no omissions or duplications except where contiguous lands, under [he same ownership, are being subdivided in successive units, in which even[ lot numbers may begin with the next consecutive ~ number following the last number in the preceding unit. Each lot shall be shown entirely on one sheet of the final map, unless approved by the City Engineer. (h) Adjoining Properties. The adjoining corners of all • adjoining subdivisions shall be identified by subdivision number, or name when not identified by official number, and reference to [he book and page of [he filed map showing such subdivision; and if no such subdivision Ss adjacent, then by the name of the owner and reference to the recorded deed by book page number for [he last recorded owner of such adjacent property. ~ (i) Ci [y Boundaries. City boundaries which cross or join the subdivision shall be clearly designated. (j) Street Names. The names of all streets, alleys, or highways within or adjoining [he subdivision shall be shocm. ~ (k) Easements. Easements Eor roads or streets, paths, storm water drainage, sanitary sewers, or other public use as may be required, shall be offered for dedication [o the public for acceptance by [lie City or other public agency, and [he use shall he specified on the map. If a[ the time the final map ~ is approved, any streets, paths, alleys, or storm drainage Basemen [s are not accepted by the City Council, the offer of ded icaCion shall remain open and the City Council may by resolution at any later date accept and open the streets, paths, alleys, or storm drainage easements for pui~i is use, which acceptance shall be recorded in the office of the ~ County Recorder. All easements of record shall be shown on [he map, together with [he name of [he grantee and sufffcien[ recording data to identify tVie conveyance, e.g„ recorder's serial number and date, or book and page of official records. ~ Ordrnance Nn. <a-B Page 33 Easements not disclosed by [he records in tl~e office of the County Recorder and found by the surveyor or engineer to be existing, shall be specifically designated on the map, iden [Sfying the apparent dominant tenements Eor which the easement was created. The sidelines of all easements of record shall be dashed lines on the final map with Che widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer. 1.407.5 Submittal for Ci[y Approval 1.402.5.1 Prel iminary Submittal. The subdivider shall submit three sets of prints of the final map to Che City Engineer for checking. The preliminary prints shall be accompanied by two copies of the following data, plans, reports and documents in a form as approved by Che Ci Cy Engineer. (a) Improvement Plans. Improvement plans as required by Section 1.706 of [his chapter. (b) Soils Report A soils report prepared in accordance with guidelines established by [he City Engineer. (c) Title Report. A title report prepared within 3 months prior [o submittal of the Final Map. (d) Improvement Bond Estimate. The improvement bond estimate shall Include all improvements within public rights of way, easements, or conunon areas and utility trench backf ill as provided by the developer, except for those utility facilities installed by a utility company under the jurisd is Cion of the CPUC. (e) D d for easements or rights-of-way. Deed for easements or rights-of-way required for road or drainage purposes which have not been dedicated on the Eina1 map. Written evidence accep [able to the City in [he form or rights of entry or permanent easements across private property outside of the subdivision permitting or granting access [o perform necessary cons Cruction work and permitting the maintenance of the Eac it ity. (f) Joint Use of Right-of-Wav Agreement. Agreements, acceptable to the City, executed by all owners of all utility and other easements within the proposed rights of way, consenting to [he dedication of the road or consenting [o the join[ use of the right-of way, as may be required by the City Eor public use and convenic nee of the road shall be required. These owners shall jo'n in [he ded is a[ion and subordinate [heir rights to the •ight of the public in the road. (g) Traverse Closure=. Traverse closures for the Boundary Alocks, Lots, Easements, street centerlines and monument lines. Ordinance No. 28-B Page 34 ~ The error of field closures in the traverse around the subdivision and around the interior lots or blocks shall na[ exceed two part in Ten Thousand (2/10,000). (h) Hydrology and hydraulic Calculations. Complete hydroicgy ~ and hydraulic calr_u lotions of all storm drains. (i) Organization Documents CC 6 R's. The submittal of the final map or parcel map shall include the proposed Declaration of Covenants and all other organizational documents for the ~ subdivision in a form as prescribed by Section 135$ of [he C iVil Code of the State of California. All documents shall be subject to review by the Conmunity Development Direc [or and City Attorney. (j) Letter of Certification-School District. Pursuant Co . Ordinance 86 (Growth Management Ordinance) [he applicant shall submit to Che Community Development Direc [or written certification from all affected elementary and High School Districts that adequate school facilities are or will he capable of acconmodating s CUden is generated by the proposed project, ~ (k) Let[et of Cer tifica [fon-Sewer S Water Agencies. Pursuant to Ordinance 86 (Growth Management Ordinance) [he apP licant shall submit to [he Community Development birector written cer [if ication from the affected wafer dls Cric[ that adequate sewer and water facilities are or will be available co serve the proposed proj ec [. For projects using septic facilities • allowable by [he Santa pna Regional Water Quality Control Board and the City, written certification of acceptability inc ludinP, all supportive information shall he obtained and submitted to the City. (1) Any additional data, reports, or inf orma [ion as required • by the City Engineer. 1.402.5.2 Return Co Subdivider's Engineer for Corrections. Lipon completing Che prel Sminary check the City Engineer or au thnrized Plan Checker shall note the required corrections on the preliminary prints, reports, and data and return one se[ to the subdividers ~ engineer f.or rev is Son. L 402.5.3 Resubmitta 1. The subd ivider's engineer shall submit two sets of [he revised map, reports and data to Che City Engineer or authorized Plan Checker, After checking the revisions, one set shall be returned Co the subd ivider's engineer marked approved as ~ submitted, approved when corrected as noted or revise and resubmit. 1.402.5,4 APP royal by the Ci[y En tg neer. Upon receipt of an approved print, the subdivider shall submit the original erae.inq of the revised map; prepared in accordance with Che subdivls ion map ace and this chapter and rorrec red to its Ei nal form, and signed by ~ ail parties requlr ed by the Map Ac[ and this chapter ro execute the certificates on the map, to the City Er,q ineer. Ordinance No. 28 -H Page 35 The City Engineer and Community Development Director shall sign Che appropriate certificates and transmit the original to the City Clerk. 1.402.5.5 Approval by City Council. The Final map together with the subdivision improvement agreement, shall be placed on Che .Council Agenda for their approval, The City Council shall consider Che final map for approval within Len (10) days after filing with the City Clerk, or at its next regular meeting at which it receives [he map, whichever is later. The City Council shall have approved the subdivision improvement agreement before approving the final map. If the subdivision improvement agreement and final map are approved by the City Council, St shall instruct the Mayor to execute the agreement on behalf of [he City. If the subdivision improvement agreement and/or final map is unacceptable, the Council shad make their recownended corrections, instruct Che CI [y Engineer to draft a new agreement and/or revise [he final map and defer approval until an acceptable agreement and/or final map has been resubmitted. 1.402.5.6 Denial bV the City Council. The City Council shall deny approval of the final map upon making any of the findings contained in Section 1.40L.9.3 of this chapter. The City Council shall noc deny approval of the final map if it finds that the final map is in substantial compliance with the previously approved tentative map, 1.402.5.7 Fil inS with the County Recorder. Upon approval of the final map by the City Council and receipt of [he improvement security by the City Engineer, the City Clerk shall execute the appropriate certificate on the Certificate sheet and forward Che map, or have [he Title Company Forward the map, [o the Clerk of the County Board of Supervisors for transmittal to the County P,ecorder. 1,402.5.8 Submittal by Units. The subdivider may elect to submit a final map for all or part of [he approved tentative map in [he sequence of units approved by the Planning Commission. Each final map which constitutes a part, or unit, of the approved tentative map shall have a separate subd iv Ssion number. The subdivision improvement agreement to be executed by the Subdivider shall provide for [he cons [ruction of such improvements as may be required to consti [u tea logical and orderly development of the whole subdivisinn by units. Ordinance No. 28-B Page 36 ARTICLE 5. SUBDIVISION MAPS (4 OR LESS YAACELS) Section 1.501 Tentative Parcel Map Section 1.502 Parcel !taps Ordinance No. 28 _R Page 37 ARTICLE 5. SUBDIVISION MAPS (4 OR LE85 PARCELS) 8 ec[ion 1.501 Tentative Parcel Ma 1.501.1 General. The form and contents, submittal and approval of ienta Live Parcel Maps shall conform to the provisions of this section. The Ten[a Five Parcel Map shall be prepared by a registered civil engineer or licensed land surveyor. 1.501.2 Form. The Tentative Map shall be clearly and legibly drawn on one or more sheets 18" x 26" in size. The scale shall be as approved by the City Engineer and all lettering shall be 1/8" minimum in height. The Einal form shall be as approved by the City Engineer. 1.501.3 Content. The Ten [a tive Parcel Map shall show the following information: (a) Name, addresses and telephone numbers of legal owner, subdivider, and [he person prep axing [he map (including registration number). (b) Assessors parcel number. (c) Dace prepared, north arrow, scale and contour interval. (d) Existing and proposed land use. (e) Ownership. In any case where under the provisions of Government Code Section 66445 (E), [he subdivider alone may sign and acknowledge the certificate and the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the City with satisfactory evidence Chat [he persons with record Citle ownership have consented to the proposed division. (f) A vicinity map, sufficient Co show the relation to [he local conununity. (Minimum Scale 1" = 1000') (g) Existing topography of [he site and at least 100 feet from its boundary including but not limited [o: 1. Existing contours at 2 ft. intervals if the existing ground slope is less than 10 percent and no[ less Chan 5 Et. intervals for existing ground slopes greater than or equal to l0 percent. Existing contours shall be represented by screened or clashed lines. 2. Type and circumference, and dr ip line of existing trees as defined by Ordinance 37. (Presentation of Trees on Private Property) Any trees proposed to be removed shall be ao indicated, 7. The approximate location and outl lne of existing structures identified by type. Structures to he removed shall be so marked, 4. The location, wld th and direction of flaw of each water course. Ordinance No. 28-H Page 38 ~ 5. The location, pavement and right-of-way width, grade and name of existing streets or highways. 6. Loca [inn and type of street improvements. . 7. The location, size and slope of existing storm drains. 8. The location, width and identity of existing easements. 9. Any obstructions within five feet (5') of any existing ~ parcel line or proposed lo[ line; 10. Any significant topographical feature inside [he boundary or within 100 feet of [he boundary lines of the parcols, including water and drainage courses, railroad lines, and the like. ~ (h) Proposed improvemants [o be shown shall include 6u[ not be limited to: 1. The location, grade, centerline radius, end arc length of curves, pavement and right-of-way wid [h, and directLon of flow ~ by arrows. Typical sections of all streets shall be shown. 2. The location and radius of all curb returns and cul-de- sacs. 3. The location, width, and purpose of all easements. ~ G. The angle of intersecting streets if such angle deviates From a tight angle by more [iian four degrees. 5. The approxima Ce lo[ layout and the approximate dimensions of each lot and of each 6u ilding Site. Engineering data shall ~ show [he approximate finished grading of each la t, the preliminary design of all grading, [he elevation of proposed building pads, the eop and toe of cut and fill slopes to scale and the number of each to [. Shading of all cut and Eill 53opes in access of 5 vertical feet. 6. A grading plan with proposed contours a[ 2 ft. intervals • shall be shown if [he existing ground slope is less than five percent and not a[ less than 5 ft, intervals for existing ground slopes greater than or equal to 5 percent, A separate grading plan may he submitted. 7. Proposed rec rea [ton sites, trails, and parks for privace • or public use. 8. Froposed common areas and areas to be dedicated to public open space. 9. Thu lora tion and size of sanitary sewers, water mains, • and storm drains. Proposed slopes and approxima to elevations of sanitary sewers and storm drains shall be Indicated. Ordinance No. 28-8 Page 39 10. Typical street and lot combination sections may be required b}' [he City Engineer for adequa [e review. (i) If the site is to be graded, proposed contours shall be shown or an approved grading plan submit [ed. (j) The name or names, addresses and telephone numbers of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map. (k) The source and date of exisking contours. (1) Certificates for execution by the Secretary of the Planning Cortuniss ion ind is sting the approval of the tentative map and the date thereof by the Planning Commission. (m) A coF:pl:.:c3 aid aooroved negative declaration, environmental impact report or noCice o£ exemption conforming lv the Ci Cy Code and California Environmental Quality Ac r, shall be filed with the tentative map. No ienta Cive map shall be considered for approval until all requisite environmental procedures have been completed. (n) A preliminary report of title showing the currene vested owner. (o) A soils and/or engineering geology report may be required by the City Engineer. (p) The zoning of the area Shown on the map. If the area is situated in mare than one zone, zone boundaries shall be shown. (q) The area of the parcels shown in acres or square feet ~ (r) The, area of each lot shown in acres or square feet. (s) Each lot shall be designated consecu tively 6y number. (t) Engineerin Geology and/or Seismic Safety RepOYC. 1f the subd Sv is ion lies within a special geologic hazard impact area, as ~ shows on maps on file in the Community Development Department, a preliminary engineering geology and/or seismic safety report, muni ty pr ep nred in accordance with guidelines established by the eo lo Development Depar Cmen[. If the preliminary engineering g g}' and/or seismic safety repot[ indicates the presence o[ Geologic ha'/.ands nr seism Lc hazards which, it noC tort ec [ed, would lead to ~ structural defects, an engineering geology and/or seismic sa Eety ti n i ga o report shall accompany [he final map and shall contain an invest of each Iot within the subdivisi nn. (u) School Stte. The subdivider shall nh to in from the school districts involvad, their intention, in writing, concerning the ~ necessity for a school site, if any, within the subdf vis ton and shall present this lnf ormatian [o the Commission. Ordinance No. 28 -8 Page 40 (v) Environmental Imnact Assessment. No tentative map filed pursuant to the provisions of [his chapter shall be approved until Che subdivision is found exempt or an initial study is completed and a negative declaration or environmental impact repot[, as appropriate, is prepared, processed and considered in accordance ~ with Che provisions of the California Environmental Quality Act. The subdivider shall provide such additional data and information and deposit and pay such fees as may be required Eor the preparation and processing of environmental review documents. The Community Development Director may waive any of the foregoing ~ requirements upon finding Chat the location or nature of [he proposed subdivision is such as no[ to necessitate compliance with these requirements; or may require additional information as deemed necessary. 1.501.4 Submittal to Communi [y Development Department. The Tentative ~ Map shall be considered for filing only when such map conforms to Sec [ion 1.401.2 form and contents and when all accompany data or reports, as required by Section 1.401.3 and 1.401.4 if applicable, have been submitted and accepted by the Community Development Director. The subdivider shall file with the Community Development Department the number of Tentative Maps [he Director may deem necessary. 1.501.5 Community Development Department Review and Development Review Cotmni tree. The Community Development Department shall forward copies of Che Tentative Map m the affected public agencies ~ and the Development Review Cotmnit[ee which may, in [urn, forward to [he Corununity Development Department their Findings and recommendations [hereon. 1.501.6 Planning Commission Action. Approval and denial shall be . pursuant Co Section 1.401.9 of [his Ordinance. The City Engineer shall review the Cen to rive parcel map to determine if it conforms with all the applicable provisions herein se[ forth and the Subd ivlsion Map Ac [. The City Engineer and City Planner shall inspect the site of [he proposed subdivision and shall conduct such fur [her investigations as he shall deem necessary. The City ~ Engineer and C1[y Planner shall prepare a report on the tentative parcel map whl ch report shall contain, but need not he limited to, [he following: (a) A statement [hoe all the information required to be shown on a tents ti.ve parcel map is shown [hereon or, alternatively, an itemi za tinn ~ of those items required to he shown which are not shown thereon; (b) A statement as [o whether or not the tentative parcel map provides for proper grading [he erosion control, tnc hiding the prevention of sod imenta[ion or damages to off-si [e property; • (c) An environmental assessment prepared in accordance with the gu idol inns for the implements tinn of the Environmental Quail ty Act of the State; Ordinance No. 28-e Page 41 (d) A determination as [o whether the preliminary soils report referred [o in Section 66490 of the Government Code should be requited or waived and Che reasons Eor such recommendation; (e) A sta[sment as [o whether cr not a discharge of was [e from th> proposed subdivision into an existing covununity sewer system would result in [he violation of the existing requirements prescribed by any Regional Water Quality Control Board of the State having juris- diction over Che area of the proPOSed subdivision, i£ it is proposed - that the subdivision shall discharge waste into such existing - community sewer system; (f) Conformance of [he map with applicable General, or specific plans; _ (g) The design of the Subdivision meets the standards and criteria - se[ forth in the Ci[y Ordinance; (h) The reco~mnended dedications; (i) The recommended improvements; and, ~ (j) Other recommended conditions of approval. These requirements shall be in accordance with the provisions of this chapter. The subdivider or his engineer shall be notified in writing of all the conditions imposed, at IeasC 3 days prior to [he public hearing, for tentative approval, by the Planning Conunission. ` 1.501.7 APPeals of Planning Commission Action. 1.501.7,1 By Subdivider. If ehe subdivider disagrees with any action by the Planning Commission with respecC to the tentative map, he may, within fifteen (IS) days of the receipt of such decision, • appeal such action to the City Council in accordance with Section 1.401.10.1. 1.501.7.2 By Interested Persons Adversely Affected. Any interested person adversely affected by a decision of the Planning Commission • with respect to the TentaCive Parcel Map may, within 15 days of such decision, file an appeal with the City Clerk in accordance with Section 1,401.10.2. 1.501.8 ExP ira tion and Extensions. 1.501.8.1 ~Sratlon. The approval or conditional approval of the ~ tentative parcel map shall ezp£re 18 months from the date of adoption of the Reso lu Ciao by the Planning Commission approving or conditionally approving [he map. The expiration of the approved or conditionally approved ten [a[SVe parcel map shall terminate all proceedings and no parcel. map of all or any portion of [he real property included within such tentative parcol map shall be filed without fits[ . processing a new tentative parcel map. Ordinance No. 28 -H Page 42 1.501.8.2 Extensions. (a) Request oy Subdivider. The subdivider or his representative may request an ex[ensior, of t*.e _xpiraHon date of the approved or conditionally approved tentative map by writ een application to the ~ Cortmuni[y Development Director. The application shall be filed not less than sixty (60) days prior to the expiration da [e and shall state the reasons for requesting [he extension. (b) Planning Commission Ac [ion. The Community Development Director shall review [he request and submit the application for the extension, ~ together with his report, [o the Planning Commission for approval, conditional approval or denial. The resolution adopted by the P1anning Conmiss ion approving or conditionally approving an extension shall specify the new expiration date of the ten [alive subdivision map. (c) Time Limit of Extension. The approved extension shall not exceed up to an additional 24 months. The approved new expiration date shall not extend more than three and one-half years beyond the dart of [he resolution adopted by the Planning Comm~ission approving or condi [tonally approving [he tentative subdivision map. (d) Conditions of Approval. As a condition of [he extension of a • Tentative Subdivision Map, Che Planning Commission may impose new conditions pr revise existing conditions on the approved tentative map as recommended by [he Conmunity Development Director in his report or as it may find necessary. (e) Appeal of Conditions of Extension. The subdivider may appeal any action of the Planning Conmiss ion nn the extension [o the City Council within fif teen(15) days of such action in conformance to Sec Linn 1.401.10.1 of this chapter. (f) Fee. The fee for processing an extension stall be pursuant to the City's master fee resolution 1.501.9 Amendments [o the Approved Tentative Parcel Minor Amendments to the tentative parcel map may 6e approved by ehe Comm~unity Development Depar tmen[, upon application by [he subdlvld er ~ provided: (a) No lots, units or building sites are added. (b) Such changes are consistent with the intent of [he original lento ClVC map approval. (r) There are nn resulting violations of the City ordinances or reso lotions. Any revision shall be approved by the City Planner and Ciey EngSneer or his authorized represen [a [ive. The revision shall be denoted on ~ the approved tentative map and certified by the City Planner and C1 ty Eng inecr. Ordinance No. 28-B - Page 43 Any amendment shall not effect the expiration date of Che approved tentative map. - Amendments of the [en [a tiee map other than minor shalt he presented - Lo the Planning Commission for approval. Processing shell be in accordance with Sec Ciotls 1.401.6 and 1.401.9. Section 1.502 Parcel Maps 1.502.1 General. The form an<t contents, submittal, approval and filing of parcel maps shall conform to Che provisions of [his section and the SCa to Subdivision Map Ac [. 1_502.2 Survev Re aired. An accura Ce and complete survey of the land to be subdivided shall he made by a registered civil engineer or licensed land surveyor. All monuments, property lines, center lines of streets, alleys, and easements adjoining or within the subdivision shall be Cied into [he survey. The allowable error of closure on any portion of [he parcel map shall not exceed 5/10,000 for closures and 2/10,000 fox calculated closures. 1.502.7 Form. The form of the parcel map shall conform Co Einal map Enrm requirements as specified by Section 1.402 of this chapter. 1.502.4 Contents. The contents of [he parcel map shall conform to Einal map content requiromen rs as specified by Section 1.402 of Ch is chapter, 1.502.5 Preliminary Submittal. The subdivider shall submit three sets of prints of Che parcel map to [he Ci[y Engineer for checking. The preliminary prln [s shall be accompanied by two copies of the data, plans, reports and documen [s as required for final maps by Sec [inn 1.402, "Preliminary Submi[[a l", and as modified herein. The City Engineer may waive any of [he requirements upon Einding that the location and nature of the pznposed subdivision is such as not to necessitate compliance with the requirements a( Sec cion 1.402.5. Any additional infnrma [ion or documents required shall be as specified with the cnnd Scions of approval of the ren ca Live map. 1.502.fi Return Co Subdiv ider's F.nF,i neer for Corrections. Upon c omp le [ing prelim {nary check, the City Engineer or authorized represen to eive shn 11 note [he required corrections on the preliminary prints, reports, and data and re [u rn one set to the subd iv id er's engineer for rov iaion. 1.502.7 Resuhmittal. The subd iv ider's engineer shall submit two sets of the revised map, reports and date to the City Engineer or authorized re presents tive. After checking the revisions, one set shall be re [u rned to the su bd ivider's engineer marked °Approved as Suomi Cted", "Approved when Corrected as Noted", or "Revise and Rexu bmi [". Ord lnance No. 28-8 Page 44 1.502.8 Approval by the City Engineer. Upon receipt of an approved print, the subdivider shall submit Che original tracing of the rev ised map; prepared in accordance with the subdivision map act and [his chapter and corrected to its final form, and signed by all parties required by [he Map Ac[ and this chapter to execute the ~ certificates on the map, to [he Ci[y Engineer. The City Engineer and Conmmnity Development Director shall sign [he appropriate cer Ciffcates and transmit [he original [o [he Ci [y Clerk. 1.502.9 Approval by City Council. The final parcel map together ~ with the subdivision improvement agreement, shall be placed on the Council Agenda for their approval. The Ci [y Council shall consider the parcel map for approval within ten (10) days after filing with [he Ci[y Clerk, or at its next regular mee cing at which it receives the map, whichever is later. The City Council shall have approved the subdivision improvement agreement before approving [he final ~ map. The City Clerk is au ihorizad to sign the certificate of the City Council which accepts or rejects dedications or offers of dedication ChaC are made and approves the Subdivision. If the subdivision improvement agreement and parcel map are approved . by the Ci [y Council, i[ shall ins tract the Mayor Co execute the agreement on behalf of the City. If the subdivision improvement agreement and/or final map is unacceptable, [he Council shall make [heir reconwend ed corrections, instruct Che City Engineer to draft a new agreemene and/or revise the parcel map and defer approval until an acceptable agreement and/or parcel map has been resubmitted. ! 1.502.10 Denial by the Ci tY Council. The City Council shall deny approval of the parcel map upon making any of The findings contained in Section 1.401.9.3 of [his chapter. The City Council shall not deny approval of the parcel map Sf it • finds Chat the parcel map is in subs tan[ial compliance with the previously approved tentative parcel map. 1.502. I1 Filing with the County Recorder. Upon approval of the parcel map by the Ci[y Council and receipt of the improvement security by Che Ci[y Engineer, the City Clerk shall execute the • appropriate certificate on [he certificate sheet and forward Che map, or have [he TS[le Company forward the map to the County Reca rd er. 1.502.12 Waiver of Parcel Map Requirements. The City Engineer may waive the final parcel mop for the following after subm i[tal of a • tentative map, as a condition of approval by the Planning Commission of aUCh tentative Iilap. (a) 1liv ision of real proper [y or interests therein crew [ed by probato, eminent domain procedures, parti[i on, or other civil ,judgments or decrees: or • (h) A division of property resulttny, Erom [he conveyance of land, or late rest therein, to a public agency for a public purpose, such es school sites, public building sites, nr rights of way for streets, severs, utilities, drainage, etc; or Ordinance No. <n-B Page 45 (c) The Ci[y Engineer may waive the final parcel map upon making a finding that the proposed division of land complies with requirements as Co area, improvement and design, flood water drainage control, approL~r is to improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter, local ordinance, and the Subdivision Flap Ace. Upon waiving Che final parcel map requirement the City Engineer shall cause to be filed with [he County Recorder a "Certificate of Compliance" for Che land to be divided. (d) Requirements for the construction of impzovemen is shall be noted on [he certificate of compliance by certlf icate pursuant [o Section 66411.L of the State Map Ac t.• (e) Necessary fees as established by Ci Cy ordinance au~ resolution shall be paid by applicant for processing and filing Enr record any documents pertaining to [he waiver process. Ordinance .:c. 28-B Page 46 ARTICLE 6. DEDICATIONS ANb RESERVATIONS Section 1.601 Section 1.602 Section 1.603 Section 1.604 Sec Clon 1.605 Sec Cian 1.606 Sec tian 1.607 • Section 1.608 Dedication of Streets, Alleys and Other Puhlic Rights-of-Ways or Easements Park Land Dedication Elementary School Site Dedication Reservations Waiver of Direct Street Access Bicycle Paths F,questrian Tzails Transit Facilities w • • • Ordinance No. 2&B Page 47 ARTICLE 6. DEDICATIONS AND RESERVATIONS Section 1.60L. Dedication of Streets, Alleys and Other Public Rights-of-LJays or Easements. J As a condition of approval of a final map or parcel map, [he subdivider shall dedicate or make an irrevocable offer of dedication of all parcels of land within [he subdivision [ha[ are needed for streets, alleys, including access rights and abutters' rights, drainage, public greenways, scenic casements, public utility easements, and other public easements. In addition, the subdivider shall improve or agree to improve all streets, alleys, including access rights and abut[ets' rights, drainage, public utility easements, and other public easements. Improvements shall be in accordance with Article 7 of this chapter. Sec [ton 1.601. Park Land Dedication. 1_602.1 General. This section is enacted pursuant to the au chority gran ced by the Subdivision Map Act of the State of California. The park and recreational Eaci li ties far which ded ica[ion of land and/or payment of a fee is required by Ordinance No. 105 and any amendments thereto. 1.602.2 Industrial Subdivisions. The provisions of this article shall not apply to industrial subdivisions. Section 1.603 Elementary School Site Dedication. 1.603.1 General. As a cond icion of approval of a final subdivision map, a subdivider who develops or completes the development of one or more subdivisions within a elementary school dis tract shall ded is me [o the school district such lands as the City Council shall deem to be necessary for Che purpose of constructing [hereon schools necessary [o assure [he residents of the subdivision adequate elementary school service. If such dediea Lion is required, the provisions of Sec [fon 66478 of the Government Code and this Section shall apply thereto. 1_603_2 Procedure. The requirement of dedication shall be imposed at the time of approval of the ten to ti.ve map. If within thlr ty (70) days after the requirement of dedication is imposed by [he City the school dlstr act does nor offer to enter into a binding commiCmenc with the subd ivlder to accept the dedication, Che requirement shall be automatically terminated. The required dedication may he made any time before, concurrently with, or up to sixty (60) days after the Ealing of [he final map on any portion of the subdivision. Ordinance No. 2&E Page 48 L 603.3 Payments to Subdivider Eor School Site bed 3cation. The school district shall, if it accepts the dedication, repay Co the subdivider or his successors The original cos[ [o [he subdivider of Che dedicated land, plus a suu equal to Che total o£ the following ~ amounts: (a) The cost of any improvements to the dedicated land since acquisition by the subdivider; (b) The taxes assessed against the dedicated land from the date of , the school district's offer to enter into the binding cotmni [ment to accept the dedication; (c) Any other costs incurred by [he subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. 1.507.4 Exemptions. The provisions of this sec Cion shall not be applicable [o a subdivider who has owned the land being subdivided for more iktan ten (10) years prior to the filing of the tentative maps. Section 1.604. Reservations. 1.604.1 General. Asa condition of approval of a map, [he Subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public • uses according to the standards and formula contained in Chis section. 1.504.2 Standards for Reservation of Land. Where a park, recreational facility, Eire station, library, or other public use is shown on an adopted specific plan or adopted general plan con Cain ing a community , P acil.i [I es element, recreation and parks element and/or a public building element, the subdivide- ~my be required by the City to reserve sites as so de[ermined by the City or county in accordance with [he definite pt inciples and standards contained in the above spec i[ic plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within ' which the reservation Ss located to develop in an orderly and eff i.c ient manner. The amount of land Co be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area 5ha 11. conform to [he adopted specific plan or general plan and shall be in such multlp les of sec eels and parcels as to permit an efficient division of the reserved area in • the event [ha[ it is not acquired within the prescribed period. 1.504.7 Procedure. The public agency for whose benefit an area has been reserved shall, a[ [he rime of approval of the final map or parcel map, enter into a binding agreement [n aquire such reserved ar cl wi Citin two years after the. completion and acceptance of all • improvements, unless such per tad of time is extended by mutual ngruemen[. Grdinance Ko. 2A-e Page 49 1.604.4 Payment to Subdivider. The purchase price shall be the market value thereof at the time of the filing of [he tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. 1.604.5 Termination. If [he public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate. Section 1.605 Walvez of Direct Street Access The City may requlre as a condition of approval of any subdivision the waiver of direct access rights to proposed or existing streets from any properly within the subdivision and abut ing thereon. Any such waiver shall become effective in accordance with its provisions and shall be contained in the owners certificate of the final map or parcel map. Section 1.606 Bicycle Paths. If the Planning Commission required the subdivider to dad State roadways to the public, and if Che subdivision contains 200 or more lots, [he Advisory Agency may also requlre the subdivider to dedica [e such additional land as may be necessary and feasible [o provide bicycle paths for [he use and safety of the residents of the subd ivisfon. Soc [ion 1.fi07 Equestrian Trails. If the Planning Commission required the subdivider [o dedicate roadways [o the public, and if [he subdivision is situated in a zone 1n vhich horses may be kept, the Advisory Agency may also require [he subdivider to dedicate such additional land as may be necessary and feasible to provide equestrian access from the lots in the subdivision to any existing or master planned equestrian [rails. Section 1.608 Transit Facilities. The Planning Commission may require dedications or irrevocable offers of dedication of land within the subdivision for local transit facilities, such as bue turnouts, benches, shelters, landing pads, and similar items which ditec [ly benefit the res ideals of the subd ivfaion, if: (a) The subdivision as shown on the ten is tive tract map has the potential for 200 dwelling units or more if developed to the maximum capacity shown on the adopted General Plan or contains 100 acres or more; and, (b) The Comic it has previously found that transit services are, or will within a reasonable time he available to such subd ivislon. Ordinance No. 28 _g Page 50 ARTICLE 7. SUBDIVISION IMPROVEMENTS Section 1.701 General Section 1.702 Improvements Required Section 1.703 Agreement For Deferment of Frontage Improvements Section 1.704 Design Section 1.705 Access Section 1.706 Improvement Plans Section 1.707 Improvement Agreement Section 1.708 Improvement Security Section 1.709 Construction Section 1.710 Construction Inspection Section 1.711 Comple cion of Improvements Section 1.712 Acceptance of Improvements Ordinance No. 28-g Page 51 ARTICLE 7. SUBDIVISION IMPROVEMENTS Section L701 General The subdivider shall construct all required improvements both on and offsi to according to approved standards. No final map or parcel map shall be presented to the City Council for approval until the subdivider either completes [he required improvements, or enters into an agreement with the City agreeing to do such work. Section 1.702 Improvements Required 1.702,1 General. All improvements shall be required as conditions of approval of the tentative may by City ordinance, including but not limited to Che following: Requirements for construction of onsi to and offsi[e improvements for subdivisions of four or less parcels shall be noted on the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map, and will be a requirement of the tentative map for proposed streets. Comple Clon of Improvements shall be in accordance with Section 1.711. 1.702.3 Storm Drainage. Storm water runoff from the aubdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ul Cimate development of [he wa [ersh ed. The storm drain system shat] provide for [he pro tec [ion of abutting and of fsite properties that would be adversely a£fec[ed by any increase in runoff attributed to the development; off site storm drain improvements may be required to satisfy Chis requirement. 1.702.4 Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system unless otherwise approved by the Cucamonga Coun cy Water District or other such purveyor. 1.702.5 Water SuPplY. Each unit or lo[ within [he suhdivis ion shall be served by an approved domestic water system. 1.702.6 Utilities. Each unit or lot within the aubdivision shall be served by Ci[y approved utility services; gas (if required), elec [r ic, telephone and cablevis ion 'ac ili[ies. All u[il Sties within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by the Public Utilities Conmtiss ion regula [ions. The City Council may at its discretion accept a Eee in-lieu of the underground ing of exis [Sng facilities along peripheral scree [s. The amount of fee shall not be Less than the amount established by the City Engineer for th.: normal cos[ of underground ing of ex SStSng utilities, provld ed however no payment in lieu-of Sns calling and erground fac it itfes shall be permitted for any new residential subdivision for which a final map or parrel map la required. Ordinance No. 28-B Page 52 1.702.7 Right-of-way Improvements. The cons trot Cion, at [he subd ivider's expense, of all of the following off-site improvements which are not in existence aC the Cime the application for a parcel map is fi1~d shall be required as a condition of the approval of a parcel map or the waiver [hereof: ~ (a) Asphaltic concrete pavement; (b) Concrete curbs and gutters; (c) Concrete sidewalks; (d) Street lights; (e) Scree[ trees; (f) Concrete drive approaches. ~ 1.702.8 Environmental Protection Improvements. As a condition precedent [o [he approval and acceptance of a final map, and at the time i[ Cakes action on [he tentative tract map, [he Planning Cortunission may require the subdivider to install or construct such other improvements as 1[ deems necessary to: ~ (a) Provide far the qui.e[ and safe use and enj cyment of the property by the occupants of [he subdivision; (b) Protect surrounding property as to its use and enjoyment; and, • (c) Provide for the protection of the health and safety of the general public. 1.702_9 The Planning Coimnission may waive the requirement of sidewalks for lots in Industrial Zones If St finds that such sidewalks are no[ necessary for public safety. ~ 1.702.10 Unless the City Council finds that the cons tructlon of improvements is presently necessary for reasons of public health and safety, or is a necessary prerequisite [o [he developmen: of contiguous parcels, the construction of such improvements shall be pos [pored until such time as a permit or other grant of approval for the development of a lot is issued. 1_702.11 Any requf rement for the cons tructlon of improvemunts, and any postponement of such req utremenq may be made on a lot by lo[ basis for each lot in the subdivision. Such requirement may be noeic ed by an improvement certificate nn [he Parcel Map (or waiver) nr by an agreement as provided in Section 1.703. 1_70_ 12 The City Council he~~by finds that t[ is necessary for masons of public health and safety that all off-site Smprovements by conx[ruc ted within a period of twelve (I2) months following the recordation of a parcel map fnr each lot on which there exists a bui ld ing or ocher usable structure a[ [he time of such recordation. The foregoing provisions not withstanding, the City Council, map postpone the cons tructlon of off-site improvemnnt, to such later time as it shall, at its discretion, determine. Ordinance No. 28-B Page 53 No pos eponemen[ of construction shall be graueed by [he City Council unless the owner of the subject parcel shall agree in writing to construct required of:-site improvements at such future time as shall Chen or thereafter be determined by [he City Council. Said con Croce shall create a lien upon [he property to be divided as security For the performance of said agreement. Any such written contract and lien agreement shall be recorded with [he County Recorder of San Bernardino County immediately subsequent to the recordation of the subject parcel map. 1.702,13 No cartel map shall be Cransmitted by Che City Clerk, in accordance with subsection (a) of Section 66464 of the Government Code, until either: (1) All improvements which are required as a condition of [he approval of [he parcel map, or the waiver [hereof, other Chan [hose improvemen es the construction of which has been postponed pursuant to sec Cien of [his ordinance, have been construe [ed or the in -l ieu fees have been paid; or, (2) The subdivider has entered into an agreement with the City providing far the cons eruction of [he improvements, a[ the subdivider's expense, within a period of nine (9) months and has furnished security in connection with the performance of such agreement pursuant to the provisions of Section of [his Ordinance. In-lieu fees shall be deposited in a special undergrounding account [o be used as approved by Che City Council for future undergrounding of util i[ies throughout the City. (a) The provisions of this Section shall no[ apply to (1) P.ppur[enances and associated equipment, such as surface- mounted transformers, pedestal-moun Ced Germinal boxes, meter cabinets, and concealed ducts in an underground system; (2) Street lighting fixtures and traffic control Eac ilities; (3) Facilities necessary to the transmission or reception of rod is Ced wireless communication; (4) tilec[ric t: ansm ission lines of 16,000 volts or more; and, (5) Temporary faciLitl es. Sec Hon 1.707 Agreement for Deferment of Frmitage ImVrovemen is Mien deemed necessary by the City Council, [he fron [age improvements along existing peripheral streets may be deferred for subdivisions of four (4) or less parcels. Mien improvements are defer ed, the subdivider shall enter into an agreement with the City for the installation of all frontage improv amenes a[ suds time in the future as required by the Cftv. The Contract and lien agreement shall provide: Ordinance No. 28 -B Page 54 ' (a) Construction of said improvements shall commence within ninety (90) days of the xec eipt of the notice to proceed from the City. (b) Tha[ in event of default by the Owner, his successors or assigns, • [he City is hereby authorized to cause said construction to be done and charge the entire cost and expense to the traner, his suc~:essors or assigns, including interest from the date of notice of said cost and expense until paid. (c) That [his agreement shall to recorded in the office of the Recorder . of San Bernardino County, California, at the expense of [he Owner and shall constitute notice to all successors and assigns of the title to said real property of. [he obligation herein set forth, and also a lien in such amount as will fully reimburse the Ci [y, including interest as herein above se[ forth, subject to foreclosure in event of default in payment. ~ (d) That in event of litigation occasioned by any default of the Owner, iris successors or assigns, [he Owner, his successors or assigns agree to pay all costs involved, including reasonable attorney's fees, and Chat [he same shall become a part of [he lien against said real property. ~ (e) ThaC the term "Owner" shall include not only the present Owner buC also his heirs, successors, executors, administrators, and assigns, it being the intent of [he parties hereto that [he obligations herein undertaken shall run with said real property and cons ti CU to a lien [here against. The agreemenC shall not relieve the Owner From any other requirements ~ specified herein. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable ar tlcles of City Or<Ii nances in effect at the time of construction. Section 1.704 Design a The design and layout of all required improvemen [s both on Che offslte, private and public, shall conform co generally acceptable engineering standards and to such standards as approved by [he City Engineer. Section 1.705 Access ~ The subdty ision shall abut upon or have an approved access to a public street. F.ach unit or lot within the subdivision shall have an approved access to a public or pr iva[e scree C. Private streets shall be in accordance with [he stand Ards for street construction adop red by [he City Council. S tr eec layout shall be designed [o provide. Eor Eu to re access [o, and not impose undue hardship upon, property adjoining the subdivision. Reserve strips, or non-access at the end of streets in subdivisions • shall be ded traced uncond tt tonally to [he Ci[y, otherwise they shall he pr ~hibi ted. Ordinance No. 28-B Page 55 Section 1.706 Improvement Plans 1.706.1 General. Improvement plans shall be prepared under the direc Cion of and signed by a registered Civil Engineer licensed by the Sca to of California. Improvement plans shall include but no[ be limited Co grading, storm drains, landscaping, streets and related facilities. 1.706.2 Form. Plans, profiles and de Ca ils shall be legibly drawn, printed or reproduced on 24" x 36" sheets. A border shall be made on each sheet providing ~" at top, bottom and right side and 1=i" on Che leEC side. A title block shall be placed Sn the lower right corner provide adequate space for approval by [he Ci[y Engineer and for approval of plan revisions. Plan and profiles shall be drawn to [he scale of 1" = 40' or larger unless approved by [he Ci[y Engineer. Details shall be drawn [o such scale that clearly shows the facili.Cy being construe led. The scales for various portions of the plans sha1.1 be shown on each sheet. A vicinity (minimum scale I" = 1000') map shall be shown of the first sheet of all se CS of plans. A north arrow shall be shown on each sheet when applicable. Plans shall he laid out to orient north to the top or right edge of [lie sheet unless approved otherwise by the City Engineer. All lettering shall be 1/8" minimum. If [he plans include three or mare sheets, a cover sheet showing the streets, lots, easements, storm drains, index and vicinity map shall he included. The form of all plans shall conform [n such add i[ional requirements as may be es [ablished by the City Engineer. The final form of all plans shall be as approved by the City Engineer. 1.706.3 Contents. The improvement plans shall show complete plans, profiles and details for all required improvements to be cons trnc fed, both public and private (including common areas). Reference may be made to City of Rancho Cucamonga, San Bernardino foun [y or S1a to Standard Plans in Lieu nE duplicating the drawings [hereon. 1_706.4 SupPlemen!ary Plans and Calculations. Hyd roingy, hydraulic plans and ca lculn[iona, hood estimates, and any structural calculations as may he requirud, shall be submitted with Che Smprovements plans Co Che City Engineer. A11 calculations ::hall he legible, Systematic and signed and dated by a Registered Civil Engipeer licensed by [he Stnte of California and in a form as approved by the Ci[y Engineer. Ordinance No. 28 _8 Page 56 1.706.5 Review by the City Engineer. The subdivider shall submit three sets of improvement plans and two copies of all computations to [he City Engineer for review. Upon completion of his review, one se[ of [he preliminary plans, with Che required revisions indicated thereof, will be returned to [he subdiv ider's engineer. 1.706.6 Approval by [he Citv Engineer. After completing all required revisions, [he subdivider's engineer ,hall transmit the originals and one set of mylars of the improvement plans to the City Engineer for his signature. • Upon Eind ing that all required revisions have been made and [hat the plans conform to all applicable Ci[y ordinances, design review requirements and conditions of approval eE the tentative map, the City Engineer shall sign and data [he ins. Approval of the improvement plans shall not be construed as approval ~ of the sanitary sewer or water cons trot Lion plans. These must be approved by [he Cucamonga County Water Dis[ricC or any other affected pervayor. Approval by Che City Engineer shall in no way relieve [he subdivider . or his engineer from responsibility for Che design of the improvements and for any deficiencies resin ting from Che design thereof. 1.706.7 Revisions to Approved Plans. 1.706.7.1 By Subdivider. Requests by [he subdivider or his engineer . for revisions ro Che approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or his appointee and shall be accompanied by three secs of revised drawings showing [he proposed revision. If the revision is acceptable, [he originals shall be changed and submitted to the City Engineer's office for initialing. Construction of any proposed • revision will not be permitted [o commence until revised plans have been received and forwarded to [he City's Eng iueering Inspection Section. 1.706.7.2 8y Cif EnR;Weer. When revisions are deemed necessary by the City Gng ;Weer, [o protect public health and safety, or as • field conditions may require, a request in writing shall be made to the subdivider and his engineer. The subdivider's engineer shall revise [he plans and change and transmit the originals to the City Engineer for initialing within surh time as specified by the CS ty Engineer. Construction of all or any portion of [he improvements may be stopped by the City Engineer until revised drawings have ~ been submitted. The subdivider may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans. . Ordinance No. 28 -B Page 57 1.; OCi.7.S Plan Checking and Inspection Costs fox Revisions. Co-ts incurred by [he City for [he checking of plans or calculations or inspec [ion as a result of revisions to Che approved plans shall be borne by the subdivider pursuant to the City's Master Fee Resolution. A deposit, when required, shall be submitted With Che revised prints; such deposit shall be applied toward [he actual costs. Sec Cion 1.707 Im rovement Agr eemen[ The agreement shall be prepared and signed by the City Engineer and approved as to form by the CiCy Attorney. The agreement shall provide for: (a) Construction of all improvements per the approved plans and specifications. (b) Completion of improvements within the time specified by Section 1.711. (c) Right by City [o mod lfy plans and specifications. (d) Warrantee by subdivider that construcCion will not adversely affect any porCion of adjacent properties. (e) Payment of inspection fees in accordance with [he City's resolution establishing fees and charges. (E) Payment of in-lieu fees for undergrounding of utilities on peripheral _ streets; pa)mient of in-lieu fees £or 7ark]and dedication. (R) Payment of drainage district or area fees. (h) ImprovemenC security as required by this article. • (i) Maintenance Aond equal to 107, of the performance Rand and repair of any def ec [s or failures and causes thereof. (,j) Release of the Cicy from all liability incurred by the development, and payment of all reasonable attorney's fees that [he City may incur because of any legal ac Cion arising from the development. • (k) Any other deposits, fees or condl [i ons as required by City oxd innnce or resol.u cicn and as may be required by Che City Engineer. S ec tiun 1.708 ~rnv emen£ Security f 1.7 n8.1 General. Any improvement agreement, contract ar act required or au thori red by the Subidvis ion Map Act, Eot which security Ss required, shall fie secured in accordance with Section 6fi499 of eho Cavarnment Code and as prov Sded herein. No Cinel map nr parcel map shall he sf Rned fiy the City Engineer or ~ recorded until all fmprovement se curittes required by this Sec [ion have been received and approved. 1.708,2 Form a( Securi[v. The form of security sha 11 be one or the combination aF the followinP, at the option and subject [o the . approval of [he City. Ordinance No. 28-R Yage 58 ~ (a) Band or bonds by one or more duly authorized corporate sureties (b) A deposit, either with the local agency or a responsible escrow agent or trust company, a[ thz option of Che City, o£ money ~ or negotiable bonds of Che kind approved for securing deposits of public moneys. (c) An instrument of credit from one or more Einarc ial institutions subject to regulation by the sta to or federal government and pledging [hat the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment. The provisions of the bond or bonds shall he in accordance with Section 66499.1 and 66499.2 of [he State Subdivision Hap Act, (d) Alien upon [he property to be divided created by contract ~ between Che owner and [he City, if the City finds [hat it would not be in [he public interest to require the installation of the required improvements sooner than Cwo (2) years after the recordation of the map. (e) Such other form of security, including security interests in ~ real property, as are acceptable to [he City Attorney. 1.708.3 Amount of Security. A performance bond or security in the amount of one hundred percent (100%) of the estimated construction cost to guarantee the construction or installation of all improvements shall he required of all subdivisions. An additional amount of ~ f if [y percent (SO"/,) of the estimated construction cos[ shall be required to guarantee [he payment to the subdiv ider's contractor, subcontractor, and Co persons furnishing labor, mater is is or equipment Eor [he cons true [ion or ins Calla lion of improvements. The estimate of improvement cos CS shall be as approved by the City • Cog inter and shall provide for: (a) Not Less Chan five percent (5%) no more than ten percent (10%) of the total construction cost for contingencies. (h) Increase for projected inflation computed to the estimated of ~ cans traction. (c) All utility installation costs or a certification acceptable [o [he City Engineer Cram [he utility company that adequate security has been deposited to insure ins [nlla tion. (d) in addition [o the full. amount of the security, there shall be ~ included costs and reasonable expenses and fees, including attorney's fcos, Incurred in enfoTCing the ob li ga [ion secured as may he required. 1.7118.4 Cash Rnnd. The developer shall deposit with else Ci[y not Loss than Five hundred Dollars ($500.00) cash for subdivisions of 4 ~ or Icss lots and One Thousand Dollard ($1,000.00) for other subdivisions nr sur.h amount as reyuir ed by the Ci[y Engineer, not to exceed one percent of the construe lion cost. The deposit may he used nt [he discretion of the City to correct def lr,Ienc les and cond iii uns Ordinance No. 28-g Page 60 General Pt'ovisions of the City's Standard Specifications shall apply to Che developer where applicable. Construction shall not commence until required improvement plans have been approved by the City Engineer. Section L710 Construction Inspection 1.710.1 General. All improvements arc subject to inspection by the City Engineer or authorized personnel Sn accordance with Che City's Standard SpeciE ica bona, 1.710.2 Pre-Construction Conference. Prioz to commencing any construction, [he developer shall arrange for a pre-construction conference with [he Inspection Section of the Engineering Division. 1.710.3 Final Inspecricr, a^d ^c.'ic iency List Upon completion of [he subdivision improvements, the developer shall apply in writing to the City Engineer for final inspection. The C!ty Engineer or au Chorized representative shall schedule a preliminary final inspection. A deficiency list shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items ate excessive or [he subdivision appears incomplete, the preliminary final inspection may be halted and rescheduling of a dace as determined by the City Engineer or authorized representative. When the preliminary final inspection has been completed, a copy of [he deCic iency list shall be transmitted to the developer for correction. Upon having completed all correc [ions or additional work as outlined by the deficiency list the developer shall request a final inspection. The Ci[y Engineer or authorized representative shall then make a Cinal inspection. Upon finding thae all items on the deficiency list have been corrected and receipt of as built improvement plans Che subdivision shall be placed on the Council Agenda for acceptance, T}~e completion of correc [ions indicated by Clte deEiuiency list shn 11 not relieve [he developer from the responsibility of correcting any deCicicncy no[ shown on the list [hat may be subsequently d 15COV ered. Sec.[lon 1.711 Comp le tlon of Improvements 1.711.1 Subdivision of Five nr Mo_re _Parcels. The subdivision impnwomon is shall be completed by the developer within twelve (12) months or as otherwise provided in this ordinance, from [he rec nrding of the f1nn1 map or parcel mnp, unless an extension is granted by the Ci [y Cnunr il. Ordinance No. 28-B Page 59 • caused by the subdivider or his contractor that may arise during or of Cer Che construction of [he subdivision. Any unexpended amount will be returned [o the developer at the time all bonds are released. 1.708.5 Warranty Security. Upon acceptance of the subdivision ~ improvements by the City Council, the suhd iv ider shall provide security in the amount of 10;; of performance bond to guarantee the improvements throughout [he warranty period. Warran [y period shall be one year from dace of acceptance of improvement by the Ci[y. 1.708.6 Reduction in Performance Securi CV. The City Council may ~ authorize in the release of a oortion of the security in conjunction wi [1[ the acceptance of the satisfactory completion of a par[ of the improvements as Che work progresses upon application by the subdivider and upon the recommendation of the City Engineer. \o such release shall be for an amount less than ten percent (10%) ~ of the total improvement security given for faithful performance and that the security shall not be reduced to an amount less than f if Cy pert enC (50%) of the total improvement security given for f ai[hful performance. ~ In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of [he improvements and any other ob].iga Lion imposed by this ordinance, the Subdivision Nap Act, or [he improvement agreement. 1.708.7 Release of Improvement Securities. 1.708.7.1 Per Eormance Security. The performance security shall be released only upon accep [once of the improvement by the City and on an approved warranty security [hat has been filed with the City Engineer. . 1.708.7.2 Material and Labor Secu ri CY. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment may, six months after [he completion and acceptance of the improvements by [he Ci[y Council, be reduced co an amount equal to the amount of all claims therefor filed and • of which notice has been given [o the City Council. The balance of the security shall be released upon the settlement of all such claims and obligations for which the securi [y was given. 1.70A.7.3 Warranty Security. The warranty security shall be released upon sa ti.sfactory completion of the warranty period provided: _ (n) All deficiencies appearing on the final. deficiency list (or the su bd ivisinn have been corrected. (h) Not less than twelve (12) months havo elapsed since Cho nccep Cance of cite ^npro++emen[s by [he Ci[y Council. _ or ri wt L 709 Construe tton The construction methods and materials for all improvements shall conform [n the Standard Specifications of the Ci[y of Ranc hn Cucamonga. The n u Ordinance No. 28 _g Page 61 Should Clte subdivider Eail to complete the improvements within the specified time, the City may by resolution of Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs therefor. 1.711.2 Subdivisions of Four oc Less Unless as Otherwise Stated In Section 1.703 Parcels. CompL [ion of improvements will nc[ be required until such time as a permit or other grant approval for the development of any parcel within the subdivision is applied for. Improvements shall be completed prior to final building inspection or occupancy of any unit within [he subdivision. The completion of the improvements may be required by a specified date by the Ci[y When the completion of such improvements are found to be necessary for public health or safely or for the orderly development of the surrounding area. This finding shall be made by the Planning Commission upon recommendation of the City Engineer. Such specified dace when required shall be stated in the Subdivision Improvement Agreement. 1.711.7 Improvement Agreement Extensions. The completion date may be extended by [he City Council upon recommendation by Ci [y Engineering, upon written request by [he developer and the submittal of adequate evidence to justify the extension. The request shall be made no[ less than sixty (60) days prior Co expiration of the Subdivision Improvement Agreement. The subdivider shall enter into a Subdivision Improvement Extension Agreement with Che City. The agreement shall be prepared by the City Engineer, approved as to form by [he City Attorney, executed by Che suhdiv ider and transmitted to the City Council for their consideration. If approved by the City Counc tl, the Mayor shall execute the agreement on beha lE of the City. In consideration of a Subdivision Improvement F.x tension Agreement, Cite following may be required; (a) Revision of improvement plans to provide for current design and construction standards when required by the CSty Engineer. (b) Revised improvemee[ cons truc[t nn es[ima Ces to reflect current improvement costs as approved by [he City Engineer. (c) Increase of improvement securities in accordance with revised cons tTllC tton estimates. (d) Inspection Fees mny he increased to reC lect current cuns[nic tion costs. The City Counc Cl may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to npprov ing any time extension for the completion of tmpr ovemen es. Ordinance No. 28 -B Page 62 ~ The costs incurred by the City in processing the agreement shall be borne by the developer a[ actual cost, or a minimum of $100.00. The City Clerk shall notify the developer and surety of the City Councils or City Engineers actions. ~ Section 1.712 Acceptance of Improvements 1.712.1 General. When all improvement deficiencies have been corrected and as built improvement plans filed, the subdivision improe ements shall be considered by [he C1 ty for acceptance. Smprovements ~ may be accepted by the City Council upon reconmenda[ion by the City Engineer. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use. ~ 1.712.2 Notice of Completion. If the subdivision has been accepted by the City, the City Clerk shall cause to be filed with the County Recorder a Notice of Completion. 1.712.3 Acceptance of a Portion of [he Improvements. When requested , by the subdivider in writing, the City Council may consider acceptance of a portion of the improvements as recommended 6y [he City Engineer. The improvements will be accepted by the City only if it finds that it is in [he public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements sha1.1 not relieve the • developer from any other requirements imposed by this article. u Oid inance No. 28-E Page 63 ARTICLE 8. REVERSIONS TO ACREAGE Section 1.801 Section 1.802 Section 1.803 Section 1.804 Section 1.805 Sec ticn 1.806 General Intita Lion of Proceedings Contents of Petition Submittal of Petition to the City Engineer Ci [y Council A?proval Filing ,:i [h County Recorder Ordinance No. 28 -B Page G4 ARTICLE 8, REVERSIONS TO ACREAGE Section 1.801 General Subdivided property may be reverted to acreage pursuant to prnv is ions of this ar Cicle and the Stu [e Subdivision Map Ac C. This ar tic Ee shall apply to Final Maps and Parcel Maps. Section 1.802 Initiation of Proceed inys 1.802.1 By Owners. Proceedings to revert subdivided property [o acreage may be initiated by petition of all of the owners of Tecord of the property. The petition shall be in a form prescribed by [he - City Engineer. The petition shall contain [he information required by Section 1.903 and such other information as required by the Ci[y Engineer. 1.$02.2 By City Council. The City Council, at [he request of any person or on its own motion may, by resole [ion, ini [ia to proceedings ~ to revere property to acreage. The City Council shall direct the Cicy Engineer [o obtain the necessary information to lnitia to and Conduct the proceedings Section 1.803 Contents of Petition ~ The petition shall contain but no[ be limited [o [he following: (a) Evidence of title [o the real property; and (b) Evidence of the consent of all of the owners of ar, interest in Chc property; or (c) Evidence that none of the improvements required to be made have been made within two years from the date [he final Map or Parcel Map was E filed for record, or wirhin the time allowed by agreement for completion of [he improvements, whichever is later; or ~ (d) Evidence that no lots shown on the F1na1 or Parcel MoD have been sold within five !S) years from the date such Pinal or Parcel Map was filed for record. (e) A TenCa [five Map in the £orm prescribed by Sec [ion 1,401 or Section 1.501 of this chapter. ' (() A Final Map or Parcel Map in the farm prescribed by Section 1,402 or Section 1.502 of Chis chapter which delineates dedications which will not be vnca ted and dedications required as a condition to reversion. Final or Parcel Maps shall he conspicuously designated with the Ci Cle, "The Purpose of this Map is a Reversion to Acreage." • (g) A deposit as required by the Ct[y Enpi Weer towards processing and plan checking costs in accordance to [he City's es ta611shed fees and charges. Ordinance No. 28-R Page 65 Section 1.804 Submittal of Pe[i tion to [he Ci[y Engineer The Final Map or Parcel Map for [he reversion Coge then with all other data as required by this article shall be submitted to the City Engineer • fox his review. upon finding that [he petition meets with all. [he requirements of this chapter and [he State Subdivision Nap Ac [, the City Engineer shall submit [he Final Map or Parcel Map, together with his report and recommendations o[ approval o; conditional approval of [he Reversion to Acreage, [o the • City Council for their consideration. S ecCion 1.805 Ci [y Council Approval A public hearing shall be held by [he City Council on all petitions for iniCiaeions for reversions [o acreage. Nn Lice of the public hearing shall be given as provided in Section 66451.3 of [he Government Code. ~ The City Engineer may give such other notice [ha[ i[ deems necessary or advisable. The CI[y Council may approve a reversion [o acreage only if i[ Finds and records by resolution that: (a) Dedications or offers of dedication co be vacated or abandoned by [he reversion to acreage are unnecessary for present or prospective public purposes; and (b) Ei [her: (1) All owners of an interest in the real property within the suhd iv ision have consented to reversion; or (2) None of [he improvements required to be made have been made within two (2) years from the date the final or parcel map was • filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (3) Evidence chat no lots shown on the Final or Parcel Map have been sold within five (5) years from the date such Final or Parcel Map was filed for record. The Cicy Council may require as cond i[Sons of the reversion: • (a) Thy owners dedicate or offer to dedicate streets, public rights-of- way or ansements. (b) The retention of all or a portion of previously paid subdivision ~ fees, deposits or improvement securities if the same are necessary to nccomp lieh any of the provisions of this chapter. S ectlon 1.806 Filing wi [h Coun [y Recorder I!pon approving the Reversion to Acreage, the City Engineer shall transmit ~ ch<• Final Map nr parcel Map, together with the City Council resolution approving the reversion, to the County Recorder For recordation. Ordinance No. 28-8 Page ~66 Reversion shall be effective upon the final map being filed for record by Che County Recorder. Upon filing, all dedications and offers of dedication not shown on the Pinal Map for reversion shall be of no furCher force and effect. Ordinance No. 28-B Yage fi7 ARTICLE 9. LOT LINE ADJUSTMENTS, CORRECTIONS AND AMENDMENTS OF MAPS Section 1.901 General Section 1.902 Form and Contents Section 1.903 Submittal and Approval by the Ci[y Engineer Section 1.904 Ftling with the County Recorder Section 1.905 Fee Section 1.906 Lo[ Line Adjustments Ordinance No. to _g Page 68 ARTICLE 9. LOT LINE ADJUSTMENTS, CORRECTIONS AND AMENDMENTS OF MAPS - SecC{on 1.901 General Af ter,a Final map or Parcel Nap has been filed for record with the County Recorder, it may be amended by either a certificate of correction or an ,mending Map. - 1.901.1 Cer [if lea to of correction. A cer[if ica to of cotrec [1 on may be used to: (a) To correct an error in any course or distance shown thereon; - (b) To show any course or distance that was omitted therefrom; (c) To correct an error in the description of the real property shown on the map; or (d) Ta show the proper location of any monumene which has been = chnn6ed in location, or character, or originally was shown at the wrong location or ineorr ec [ly as to its character. 1.901.2 Amended Map. An Amended map may be used to: (a) To indicate monuments set of rer Che death, disability or ~ retirement from prat [See of the engineer or surveyor charged with respons il>ilities for setting monuments; or (b) If the original engineer or surveyor refuses Co set the monuments or if same is replaced, the Ci Cy Engineer may, by letter, select a replacement engineer or surveyor [o set monuments, ~ Sccti nn 1.902 Form and Contents The amending map or certificate of correction shall he prepared by a regis [teed civil engineer oT licensed land surveyor. The Form and Contents of the amending map shall conform to the requirements of Section . 1.402 if a Final Map, or Section 1.502 if a Parcel Map. The certificate or Nap shall set forth in detail Che corrections made and show the names of the present fee owners of the property affected by the correction. Suction 1.903 Submittal and Approval by [he City I~.ngineer . Thn amend tag map or certificate of correction, complete as to Final form, shall he suhmitted to the City Gngineer far his review and apryrova 1. The (;I CV Pngineer shall examine the amending map or ter of ica ee of correction and iC the only chanV,es made arc those set forth in Sec eion 1.901 above, he shall. err tify to Chis fact on the amending map or certificate of voi'r UC Ci011. ti~cCion 1.904 Filing with [he Cnunty Recorder The amending map or certificate of correction ter tiEied by the Ctty EnV.t neer shall be filed in the office of the County Recorder in which ~ the original map was filed. Upon such fil.i ng, the County Recorder shall Ordinance No. 28-g Page 69 index [he names of the fee owners and [he appropriate tract designation • shown on [he amending map or ter of ica to of correction in the general index and map index respectively. Thereupon, the original map shall be deemed Co have been conclusively so corrected, and thereafter shall • impart constructive notice of all such corrections in the same manner as though set Forth upon Che original map. Section 1.905 Fee The Eee for checking, processing and recording [he amended map or certificzte • of correction shall he in accordance with the City's resolution es [ablishing fees and charges. A deposit to be applied toward this Eee may be required by [he city Engineer upon submittal of the amended map or ter Cifica Ce of correction fOY his teV1eW. Section 1.906 Lot Line Adios omen ts. An owner(s) muy raqueeL a lo[ line adjustment between two (2) or more adj acenc parcels Pursuant to City Council Resolution No. 78-46. 1.906.1 The City Engineer is au [horized to deny or approve [he request. Appeals of [he City Engineers decision may be made to [he ' Planning Conmtission within 15 days of decision. 1.906.2 The City Engineer shall require a Record-oE-survey as a condition of approval for any such requests, for lands which lie partially or entirely within the Etiwanda Colony Lands subdivision and may require a Record-of-survey for any other area within the Cify limits. ~ n u Ordinance No. trrB Page 70 ARTICLE 10. ENFORCEMENT OF ARTICLE PROVISIONS S cc cion 1.1001 Prohibition Section 1.1002 Remedies Section 1.1003 Certificate of Compliance Section 1.1004 Certificate of Non-Compliance Ordinance No. 28 _B Page 71 ARTICLE 10. ENFORCEMENT OF ARTICLE PROVISIONS Section 1.1001 Prohibition (a) No person shall offer~to sell or lease, to contract to sell or lease, to sell or lease, or to Finance any parcel or parcels of real property or to commence cons [ruction of any building for sale, lease or financing [hereon, except for model homes, or [o allow occupancy thereof, for which a final map or parcel map is required by this chapter until such map [hereof, in Full compliance with the provisions of this chapter, has been filed with [he County Recorder for record. (b) No person shall sell, lease or finance any parcel or parcels of teal property or commence construction of any building for sale, lease or financing [hereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this chapter or [he SCa to Subdivision Map Ac [, until such map [hereof in full compliance with [he provisions of this chapter and the State Subdivision Map has been filed for record by the recorder. (c) Conveyances of any part of a division of real property for which a Final or parcel map is required by this chapter shall no[ be made by parcel or block number, initial or other designation, unless and until such map has been tiled for record with the County RecordeY. (d) This section does not apply [o any parcel or parcels of a subdivision offered for sale or lease, contracted for sale or lease, of sold or leased in compliance with or exempt from any law (including a local ordinance), regula Clog Che design and improvement of subdivisions in effect a[ [he time the subdivision was established. Sec Cian 1.1002 Remedies (a) Anv deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division, in violation of Che provisions of [his chapter or State Subdivision Map Ac [, is voidable at the sole option of [he grantee, buyer or person contrac [ing to purchase, hts heirs, personal represen [alive, or trustee in insolvency or hankrup tcy within one year after the date of discovery of [he violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in intexe5t of the gran [e e, buyer or person contracting [o purchase, ocher than those above enumerated, and upon the grantor, vendor, or person contracting to sell, or his assignee, heir nr devisee. (h) Any grantee, or his successor in Ln retest, of real proper [y which has been divided, or which has resulted From a division, in violation of the provisions of [his chapter or the State Subdivision Map Act may, within one year oC the date of discovery of such via La tion, bring an act inn in the superior court [n recover any damages he has suffered by reason of such division of proper [y. The action may he brought against the person who divided the proper [y in violation and against any suet essors in interest who have actual ar cons true [ive knowledge of such division of proper [y. Ordinance No. 28-B Page 72 ~ (c) The provisions of this section shall no[ apply to the conveyance of anv parcel of real proper [y indentified in the certificate of compliance filed pursuant to Section 66499.35 of the Government Code or identified in a recorded Einal map or parcel map, from and after the date of ~ recording. The provisions of This section shall not limit or affect in any way the rights of a grantee or his successor in interest under atty other provision of law. (d) This section does not bat any legal, equ'tab le or summary remedy [o • which the Ci[y or other public agency, or an-' person, firm or corporation may otherwise be entitled, and the City or o[heT public agent y, or such person, firm or corporation may file a su ik in the Superior court of San Bernardino County, [o restrain or enjoin any attempted or proposed subdivision for sale, lease or financing in viola [ion of this chapter. ~ (e) The City shall not issue a permit or gran[ any approval necessary Co develop any real property which has been divided, or which has resulted Ergm a division, in violation of the provisions of this chapter or the S[a [e Subdivision Map Act if it finds chat development of such real proper [y is contrary to the public health qr the public safety. The ~ authority [o deny such a permit or such approval shall apply whether the applicane therefor was Che owner of the real property at the time of such violation or whether the applicant therefore is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of }tis interest in such real property. ~ The City, in issuing a permit or gzanting approval for the development of any such real property, may impose [hose additional conditions as would have been applicable Co the division of the proper [y a[ [he Cime Che current owner of record acquired the property, and which had been ex t.ablished ae Such time by this division qr local ordinance enacted ~ pursuant thereto, except [hat if a conditional ceztif ica to of compliance has boen filed for record under the provisions of this article only such conditions stipulated shall be applicable. Section L 1003 Certificate of Comnlience (n) Any person owning real property within the City of Rancho Cucamonga • may request the City Engineer to determine whether such real property complies wi Ch the provisions of this chapter and [he State Subdivision Map Ac L (h) Upon making such determination, the Cl[y Engineer shall cause a ~ cer cif ica to of compliance to he f11 ed for record wl th the County Recorder, The cer[if irate of compliance sha 11 identify the real-proper [y and shall s[a to that the dlvisi nn of ],and complies with applicable ordinances and resolutions of the City of Rancho Cucamonga and the State Subdivision Map Act. (r) If the City Engf neer determines [ha[ such real property does not • c ov,;~ty with the provisions of the Municipal Code or S[a to Subdivision Nap Act, he may, as a condition to grant log a certificate of compliance, impose such conditions as would have been opplicable to the division Ordinance rvo. 28 -B Page 73 of [he property at the time the currenc owner of record acquired [he Property, and which had been es Cabl fished at such time 6y ordinance. Upon making such a determination and es tabllshing such conditions the City Engineer or au Chozized represents Cive shall cause a conditional certificate of compliance Co be filed for record with the County Recorder. Such certificate shall serve as notice Co the property owner who has applied for the cer cif icace pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property Ctiat the fulfillment and implementation of such conditions shall be required prior to subsequene issuance of a permit or other gran[ of approval Eor development of the property. Compliance with such conditions shall not 6e required until such time as a permit or other gzan[ of approval far development of such property is issued. (d) A recorded final map or parcel map Shall constitute a cer Cif ica[e of compliance wi C}~ respect Co Che parcels of real property described therein. (e) For the purposes of adminis tra Cion of this section any parcel that is shown in [he official records of the County Recorder after December 1, 1977 shall be considered as a conforming parcel. (f) A fee pursuant to the City's Master fee resolution shall be charged co applicant far making the determination and processing the certificate of compliance. A deposit may be reyu fired co be applied toward [his fee. Section 1.1004 Certif ica Ce of Non-Compliance Whenever the CSty Engineer or an au Chorl zed zepresentative has knowledee that real prop er [y has keen divided in Violation of [he provisions of [his chapter or the State Subdivisimi Map Act, they shall cause to be filed for record with [he recozder of the County a tentative notice of violation ("Certificate of Non-Compliance") describing the real property in detail, naming the owners thereof, and describing [he violation, and stating [hat an opportunity will be given [o the owner to present evidence. Ac leas[ 30 days prior to the recording of the final mice the owner of the real property shall be advised In writing of [he intention to record a final notice and specifying a time, date and place at which the owner may present evidence as to why such notice should not be recozded. If, after the owner has presented evidence, it is determined that there has been no violation, a release of the tentative notice shall be filed wi ch the County Recorder Such [en ca Give or final notice, when recorded, shall he deemed Co be constructive notice of the violation to all successors in interest. in such property. Ordinance No. 28-g Page 74 ARTICLE 11. PARCEL MERGERS Section 1.1101 Mergers Not Required Section 1.1102 Mergers Required Section 1.1103 Notice of Merget Section 1.1104 Request by Property Oxmer / ~ _ ~_ .. / ,-7y. Ordinance No. 28-R Page 75 ARTICLE 11. PARCEL MERGERS Section 1.1101 Mergers No[ Re uq lred Two (2) or more contiguous parcels or units of land which have been created under [he provisions of the Subdivision Map Act or any prior law regulating the division of land, or Ch is chapter or any predecessor ordinance, or which were not subject to such provisions a[ the time of their creaeion, shall not merge by virtue of [he fact that such contiguous parcels or units are held by the same owner. No FurCher proceedings under this cheeC~: shall be required for the purpose of sale, lease or financing, except as provided by this article. Section 1.1102 Mergers Required If any one of two or more contiguous parcels or units held by the same owner does not conform [o standards Eor minimum parcel size to permit use or development and a[ leasC one parcel or unit has not been developed with a building for which a building permit is required or which was builC prior to the time such permits were required, [hen such parcels shall be considered a5 merged for the purpose of [he Subdivision Map Act. Section 1,1103 Notice of Merger Whenever the City Engineer or an authorized representative has knowledge Chat real property has merged pursuane to this article, they shall cause to be filed with the County Recorder a No [tee of Merger. Provided Chat, at leasC 30 days prior [o recording of notice the owner of Che parcels or units shall be advised in writing of [he inten Cl on to record such notice. The notif ica Lion [o the owner shall specify a Cime, date and place at which the ouster may present evidence as [o why the Notice of Merger should no[ be recorded. The Notice of Merger to he recorded shall specify the names of the record owners describe the property to be merged. Sec [ton 1.1104 Request by Property Owner Upon request of the legal owner of contiguous parcels, the City Engineer of authorized representative may approve the merger of the proper [y. Suclt request shall he in writ Ltg and shall be accompanied by such data and dor uments as required by the City Engineers ofEis e. Upon nppravnJ, a "Notice of Merger" shall be filed with the County Recorder. The form and content of the notice shall he as required by the Ci[y F.ng ineer. In approving such merger, the City mny impose rensonn ble cand itions. The reasonableness of such cand itions may he appealed within fiC teen (13) days of written notice of the conditions, to the Ci[y Council in aceonlance with Sec [ion 1.402.2,1 of this chap ccr. A fee to be charged a[ actual cost shall be charged to the applicant for processing such merger. A deposit may be required to be applied toward [his Eee. r \ 'L.1%-c-~wc1 K~-~^~ ~~ a I lvS Q ~ ~~A~. ~l cl^ ~4 ~~~~~ ~Q ~ ~~.3 AMENDMENTS TO INTERIM RANCHO CUCAMONGA ZONING ORDINANCE RESIDENTIt~L, PLANNED ^EYELDPMENT P.ND PARKING SECTIOrvS f- ~- AMENDMENTS TO INTERIM RANCHO CUCAMONGA ZONING ORDINANCE RESIDENTIRL, PLANNED DEVELOPMENT AND PARKING SECTIONS PageDis tr ict F_-- ( 61,024A ZONING CODE 61.024A R-1 DISTRICT The following regulations shall apply in R-1 Single-family Residence Districts: (a) GENERAL USES PERMITTED: (1) One-family dwelling on each lot. (2) Truck gardening, tree farming, nurseries and greenhouses used only for the propagating and cultivating of plants, provided that: (A) Retail sale from the premises of such products or comodi ties raised on the property shall be permitted only on lots having an area of at least twenty-thousand square feet, excluding retail nursery and sale of livestock, poultry and rabbits. (3) Small livestock, cows, goats and fowl may be kept on areas of five (5) acres or more prior to residential use, subject to the following limitations: (A) One (1) cow or two (2) goats for each one (1) acre in area of the parcel of land on which the same are kept, or one-hundred (100) fowl for each one-quarter (;) acre in area of the parcel of land on which same are kept; and further that such animals or fowls be kept at least fifty (50) feet from front property line, and seventy (70) feet from buildings used for human habitation, public parks, schools on adjoining lots or parcels. (4) Cats and dogs. Not to exceed the keeping of two (2) cats and/or' Lwo (2) dogs. (5) Public and private uses as follows shall be permitted if a conditional use permit is approved, as provided in Section 61.0219(0). (A) Civic or community clubs. (B) Country clubs, including the incidental serving of alcoholic beverages, together with golf courses, excepting miniature tours e5 and similar commercial enterprises. (Am, Ord, 1413.2/26/68) (C) Fire and polite stations. (D) Schools, excluding colleges or universities. (E) Churches, excluding rescue missions or temporary revival. (F) Cemeteries. (G) Museums not operated for profit, (H) Parks and playgrounds, (I) Electrical distribution substations. (1413.2/26/66) (J) Social Care Facilities for a total of seven (7) or more persons, excluding operator, operators, family and/or staff. (K) Conference Center, including incidental serving of alcoholic beverages. (Am. Ord. 1413.2/26/68) (L) Lakes Private. (b) ACCESSORY USES, BUILDINGS qND STRUCTURES PERMITTED: (1) Guest house (bathroom plumbing only). (2) Private garage with space for maximum of four (4) cars. (3) Home occupation pursuant to Ordinance 72 of the City of Rancho Cucamonga. (4) The keeping of horses (private stables) on lots of twenty- thousand (20,000) square feet and over in area. The number of horses permitted on any lot or parcel being limited to one (I) horse for each R-1 District 61.0248 Page 2 ~ ~ ten-thousand (10,000) square feet of lot area up to a total of six (6) horses. An educational animal project shall be permitted as a substitute far horses. The following number of animals shall be permitted as a project: MAXIMUM PERMITTED ANIMALS NUMBER One bovine per 20,000 sq. ft. or .... .........3 Two calves per 10,000 sq. ft. or .............9 Two sheep per 10,000 sq. ft. or .......... ....9 Two goats per 10,000 sq. ft. or ..............9 Combinations of the above-listed animals shall be permitted provided the total density shall not exceed that herein specified, except in the case of young ani pals born to the project animal, which may be kept in the R-I District until such animals are weaned. The keeping of an educational animal project shall be subject to the following: A permit issued by the Department of Community Development as provided on forms available in the Planning Division Office. The educational animal project shall be kept only on an improved and occupied lot or parcel. "Educational Animal Project" for the purposes of this provision shall mean an animal-husbandry activity which is part of an educationally oriented youth program or organization. (A) Such animals shall be kept at lease seventy (70) feet from buildings used for human habitation, public park, school, hospital or church buildings on adjoining lots or parcels, and shalt maintain a clearance of at least five (5) feet from interior side and rear property lines and fifteen (15) feet from sfde street rights-of- way, excepting an alley or bridle path, unless the animals are confined by a five (5) foot chain link fence or a five (5) foot wood fence with horizontal members no more than six (6) inches apart. Which fence may be located on an interior side or rear lot line and fifteen (15) feet from a side street right-of-way. The area of human habitation shall not include cabanas, patios, attached or detached private garages or storage buildings. EXCEPTION: Those parcels of land upon which a use of keeping and maintaining a horse, or horses, has been established prior to the date of construction of a building used for human ha hitotion located on a neighboring parcel, regardless of any other provisions of this Code, shall have applicable to them a nonconforming use right pursuant to Section 61.0219(e). Such nonconforming use right shall be only that a horse or horses may be kept at a minimum of fifty (50} feet from buildings used for human habitation on adjoining lots or parcels providing the fallowing are complied with: (I) Shall maintain a clearance of at least five (5) feet from interior side and rear property lines. (ii) Shall maintain a clearance of fifteen (ISj feet from side street rights-of-way, excepting an alley or bridle path. (III) Fencing located within the seventy (70) foot setback area pursuant to Section 61.024A(b)(5)(A) which is used specifically for Lhe confining of horses shall be five (5} feet in height and constructed of solid wood, masonry or other appropriate screening materials. Otherwise the fencing and the keeping of horses shall comply with Sections 61,024A (b)(5)(B) and 61,024A(b)(5)(C). R-1 District __ b1.UZ4H Page 3 ~ '-- (B) The location of corrals, fenced enclosures, barns, stables, stalls and similar enclosures used to confine horses shall conform to the clearances as set forth in paragraph (A) above the Section 61.0219(k). Street Setback Regulations. Whenever the words "keeping" or "kept" are used in this section, it shall mean and include maintaining, grazing, riding, leading, exercising, tying, hitching, stabling and allowing to run at large. the foregoing, however, shall not preclude the riding or leading of horses to or from the premises in order to gain access to a bridle path, alley or street. (C) Fences shall maintain a height of at least five (5) feet and shall be of such construction as to preclude the escape of (5) A temporary sales office may be located in a subdivision developed in accordance with the Su6divis ion Code, subject tc a valid temporary occupancy permit. Said sales office may be used only for conducting the necessary activities related to the initial sale or initial lease of the land and/or structures located within the subdivision in which the sales office is located, or such adjacent subdivisions that are a part of or a continuation of the same development. Prior to the establishment of such sales office, an application for temporary occupancy permit shall be filed with the Planning Division. After recefpt of such application, the City Planner shall issue a valid temporary occupancy permit for a period not to exceed twelve (12) months from the date of approval of the temporary occupancy permit. Extensions of time for a maximum of twelve (12) more months may be granted by the City Planner, providing the following conditions are met: (A) Application for extension and a payment of the required filing fee, as established by a City Council, must be filed prior to the expiration of the temporary occupancy permit. (B) The applicant must show that circumstances beyond his control have caused unusual delays. (C) The City Planner determines that the continued use of the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood. The temporary occupancy permit shall be permanently aisplayed in the sales office. The temporary occupancy permit may be subject to such conditions as the City Planner may require which will assure that at its expiration, the sales office will be removed and the premises restored to a condition in compliance with the provisions of the zone in which it is lora ted. (6) Social Care Facilities that will accomodate up to and including six (6) cared - for persons, excluding operator, operators, family and/or staff. (c) SIGN REQUIREMENTS: See Ordinance 65. (d) PARKING REQUIREMENTS: Automobile parking requirements as provided in Section 61.0219(b). (e) HEIGHT LIMITATIONS: Building or structures and the enlargement of any buildings or structures shall be hereafter erected or maintained not to exceed two and one-half (2~~) stories or thirty-five (35) feet in height. R-1 District h- 61.0248 Page 4 i- (f) MINIMUM AREAS AND DIMENSIONS OF LOTS: Lot Size (in sq. ft.) (in ft.) (in ft.) Setbacks (in feet) Lot Size Corner Min. Min. Front Side Street Rear % (in sq.ft.) lot Width Oepth Yard Yard Side Yard Yard Cover 7200-8500 70 60 10000-15000 80 80 20000 100 90 (1 AC) 43,560 120 120 100 25 5/10 15 20 40 100 25 5/15 15 25 30 135 30 ** 15 35 25 160 30 20/20 2tl 40 25 **15' on one side with both setbacks to average 25' but in no case be less than 5', All dimensions are to be measured after dedications have been subtracted in accordance with the adopted circulation Element Plan map and the City Engineer. (1) Each lot or parcel on a dead-end street, cul-de-sac, or on a curved street lot width at the required front yard shall meet the minimum lot width of the zone. (2) Where a minimum area requirement greater Lhan the seven- thousand-two-hundred (7,200) square feet required in requested and established in the district, it shall be designated by a number following the district designation symbol, numbers less than one-hundred (100) indicating acres, and numbers more than one-hundred (100) indicating minimum square feet of area required per lot. (3) Lot coverage shall include all buildings and accessory buildings and structures. (4) R forty (40) percent reduction in the required front yard for the dwelling may be allowed on one-half (~;) of the lots within a subdivision so long as the minimum setback from the ultimate right-of- way or property line is twenty (20) feet to the garage or carport. (5) On each lot within the R-I zone there shall be a 10' side yard free and clear to the sky with less than 2% slope. (6) The minimum lot width on a cul-de-sac, knuckle or curved frontage lot shall be (40} forty feet. (I) Variable lot sizes may be permitted, less than the minimum square footage of the zone, on twenty-five (25) percent of the lots within a subdivision, however in no case shall variable lot sizes be reduced below the minimum in the R-1-20000 or R-I-1 zones. in all cases the minimum lot widths and depths shall be met. 61.0248 HELD IN RESERVE R-2 District 61.024D Page 5 ~- 61.024D R-2 DISTRICT The following regulations shall apply in R-2. Two-family Residence Districts: (a) GENERAL USES PERMITTED: (1) Same as R-1 District (Sc~ti~n 61.024 A(a)(1) through 61.024 A(a)(4).) (2) Two-family dwellings or two one-family dwellings of a permanent nature on each lot. (3) Public and private uses, as allowed by Section 61.024A(a)(5), shall be permitted if a conditional use permit is approved as provided in Section 61.0219(0). (A) Mobilehome parks on parcels of ten (10) acres or more with a maximum density of six (6) units per acre. The Planning Commission, in approving a conditional use permit, shall designate such lawful conditions in connection therewith as will require that the mobile home park be compatible with the adjacent low-density residential uses. These conditions may include, but not be limited to: (I) The provisions of conipa ra ble street setbacks to those existing on adjacent residential properties. (][) Provide for the completion of stubbed-off streets from adjacent residential subdivision. (III) Provide for the diversion of mobi lehome park drainage away from the adjacent residential developments. (IV) Provide for the diversion of mobielhome park automobile traffic away from adjacent residential developments. (V) And such conditions as will make possible the development of the neighborhood in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section. (b) ACCESSORY USES PERMITTED: (1) Private garage wf th space for maximum of 4 cars. (2) Home Occupation pursuant to Ordinance 72 of the City of Rancho Cucamonga. (3) A temporary sales office may 6e located in a subdivision developed in accordance with the Subdivision Code, subject to a valid temporary occupancy permit. Said sales office may be used only far conducting the necessary activities related to the initial sale or initial lease of the land and/or structures located within the subdivision in which the sales office is located, or such adjacent subdivisions that are a part of or a continuation of the same development. Prior to the establishment of such sales office, an application for occupancy permit shall 6e filed with the Planning Division. After receipt of such application, the City Planner shall issue a temporary occupancy permit for a period not to exceed twelve (12) months from the date of approval of the temporary occupancy permit. Extensions of time for a maximum of twelve (12) more months may be granted by the Li ty Planner providing the following conditions are met: (A) Application for extension and a payment of the required filing fee, as established by the City Council, must be filed prior to the expiration of the temporary occupancy permit. (B) The applicant must show that circumstances beyond his control have caused unusual delays. R-2 District _ / 61.1 1 Page 6 - 1, -- (C) The City Planner determines that the continued use of the sales office will not constitute a nuisance or be objectionable to the residential uses in the neighborhood. The temporary occupancy permit shall be permanently displayed in the sales office. The temporary occupancy pemit may be subject to such conditions as the City Planner may require which will assure that at its expiration, the sales office will be removed and the premises restored at its expiration. The sales office will be removed and the premises restored to a condition in compliance with the provisions of the zone in which it is located. (c) PARKING REQUIREMENTS: Same as R-1 District. (d) HEIGHT LIMITATIONS: Same as R-1 District. (e) MINIMUM AREAS AND DIMENSIONS OF LOTS: (1) Each lot or parcel shalt have a width of not less than seventy (70) feet at the building setback line, a depth of not less than one-hundred-ten (110) feet, and a net area of not less than eight- thousand (8,000) square feet, (2) Each lot or parcel on a dead-end street, cul-de-sac, or on a curved street lot width at the required front yard shall be seventy (70) feet. (3) All buildings and structures including accessory buildings and structures on any lot, shall occupy not more than forty percent (40 ;) of the area of such lot. (4) Where a minimum area requirement greater than the eight- thousand (8,000) square feet required is requested and established in this district, it shall be designated by a number following the district designation symbol, numbers less than one-hundred (100) indicating acres, and numbers more than one-hundred (100) indicating minimum square feet of area required. (5) Where a lot has four-thousand-five-licndred (4,500) square feet of area or less and was of record at the time the ordinance adopting this section became effective, said lot may be occupied by a one-family dwelling and accessory buildings only. (6) The minimum lot width on a cul-de-sac, knuckle or curved frontage lot shall be forty (40) feet. (f) FRONT YARD REQUIRED: Twenty-five (25) feet from the ultimate right-of-way. (g) INTERIOR SIDE YARD REQUIRED: Five (5) feet on one side, Ten (10) feet on the opposite side. (h) REAR YARD REQUIRED: Twenty (20) feet from the ultimate right- of-way. (i) SIDE STREET YARD REQUIRED: Fifteen (15) feet from the ultimate right-of-way. (j) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: The distance between main buildings on the same lot shall be at least ten (SO) feet. R-3 District ~_._ (_ 61.024E Page 7 61.024E R-3 DISTRICT The following regulations shall apply in R-3 Multiple-family Residence Districts: (a) GENERAL USES PERMiTTEO: (1) Uses permitted in the R-1 District as listed in subsections 61.024A(a)(4,5). (2) Multiple dwellings of a permanent nature on each lot for sale or rent. (3) Boarding and lodging house. (4) Public and priva ie uses as follows shall be permitted if a conditional use permit is approved as provided in Section 61.0219(0). (R) Colleges and universities. (B) Private schools. (C) Fraternity and sorority houses, lodges and private clubs except those whose chief activity is a service customarily carried on as a business. (D) Churches, excluding rescue missions or temporary revival. (E) Philanthropic and charitable institutions. (F) Mobilehome parks on parcels of ten (10) acres or more with a maximum density of eight (6) units per acre. The Planning Cortmission in approving a conditional use permit shall designate such lawful conditions in connection therewith as will require that the mobilehome park be compatible with the adjacent low-density residential uses. These conditions may include, but not be limited to: (I) The Drovisions of comparable street setbacks to those ex is ti n9 on adjacent residential properties. (II) Provide for the completion of stubbed-off streets from adjacent residential subdivision. (III) Provide for the diversion of mobilehome park drainage away from the adjacent residential developments. (iV) Provide for the diversion of mobilehome park automobile traffic away from adjacent residential developments. (V) And such conditions as will make possible the development of the neighborhood in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section. (b) PARKING REQUIREMENTS: See Section 61.0219(b). (c) LOADING SPACE REQUIREMENTS; Loading space to be provided in accordance with Section 61.0219(b). (d) HEIGHT LI KITATIONS: Building or structures and the enlargement of any buildings or structures shall be hereafter erected or maintained not to exceed three and one-half (3-!;) stories or forty-five (45) feet in height. However in no case, shall the height of said structures or buildings exceed twenty (20) feet or two (2) stories within one-hundred (100) feet of a single-family (R-1) zone or a special boulevard as designated on the adopted Land Use Plan P1ap for the City of Rancho Cucamonga. R-3 District i_ ~_ 64.D24E Page 8 1 (e) M1 NiMUM AREAS AND DIMENSIONS OF LOTS: (1) Each interior lot or parcel shall have a width of nct less than eighty (80) feet at the building setback line, a depth of not less than one-hundred (100) feet, and a net area of not less than eight- thousand (8,000) square feet. (2) Corner lots or parcels shall have the same width at the building setback line and the same depth. (O) Each lot or parcel on a dead-eand street, cul-de-sac, or on a curved street where the side lines thereof are diverging from the front to the rear of such lot or parcel, shall have a width of not less than eighty (RD) feet, measured along the huild iog setback line established by the required front yard for the main building and between the side lines of such lot or parcel, (4) Each lot or parcel on a curved street where the side lines thereof are converging from the front to the rear of such lot or parcel, shall have an average width of not less than eighty (80) feet. (5) All huildings including accessory buildings and structures on any lot, shall occupy not more than sixty percent (60„) of the area of such lot. (6) Where a minimum area requirement greater than the eight thousand (8,000) square feet required is requested and estahlished in the district, it shall be designated by a number following She district designation symbol, numbers less than one-hundred (100) indicating acres and numbers more than one-hundred (100) indicating minimum square feet of area required. (7) Where a lot has four-thousand-five-hundred (4,500) square feet of area or less and was of record at the time the ordinance adopting this section became effective. Said lot may be occupied by no more than two (2) family unit(s). (8) The ordinance creating or extending an R-3 District may limit the density of residential units. A figure in parenthesis before the district designation symbol shall mean that the total lot area in terms of square feet divided by the number of dwelling units placed thereon shall be not less than said figure (Am. by Ord. 1228. Ad 4/26/65). (9) The minimum lot width on a cul-de-sac, knuckles or curved frontage lot shall be forty (40) feet. (f) FRONT YARD REQUIRED: Twenty-five (25) feet from ultimate right-of-way. (g) INTERIOR SIDE YARD REQUIRED: Interior side yards on each side of each lot shall be not less than ten feet in width. (h) REAR YARD REQUIREC: Rear yards shall be at least twenty (20) feet in depth. (i) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: (1) Fifteen (15) feet, except where; (2) Buildings front to front and where arranged around an open ccu rt shall be thirty (30) feet. R-3 District r` 61 Page 9 (jJ SIDE STREET YARD REQDIRED: Fifteen (15) feet from the ultimate right-of-way. (k) OPEN SPACE REQUIRED: Each multiple dwelling unit shall be provided with a minimum of 100 square feet of open space in a patio, deck, atrium or other similar area. PD Di ct ~ ~ ei. .6 Page 10 61.0216 PD (PLANNED DEVELOPMENT) COMBINING DISTRICT (a) PURPOSE: It is the intent of this section to achieve development superior to that which can be achieved through the application of conventional development standards. Specifically, the purposes of this section are: (1) Greater administrative flexibility in reviewing development plans. (2) Minimum disruption and maximum utilization of natural site resources. (3) The allowance of mixed residential land uses where desirable and compatible. (4) The encouragement of diversity in housing types, styles and price ranges. (b) SCOPE: (1) The Planned Development is intended to 6e a combination of Development review and zoning. The zone change, development review analysis shall he conducted and reviewed simultaneously with necessary hearings on the zone change and development review held concurrently. (2) The maximum density of a Planned Development project shall be determined by the general plan for the particular property and shall not exceed the densities as listed below: Zone District Maximum density/gross acre R-1-7200-8500 8 R-1-10000-15000 6 R-1-20000 4 R-1-1 4 R-2 15 R-3 25 (3) The adequacy of the development proposal in meeting the requirements of this section shall be determined by the Planning Commission. (4) Unless specifically changed within this section, all adopted City ordinances, standards and policies apply to a Planned Development project, including those set forth in the Rancho Cucamonga General Plan. (c) DEFINITION: For the purpose of this section, the following words and phrases shall have the meaning indicated: (1) "Homeowners Association". A private organization composed of residents within the Planned Development project which may own common property and shall be responsible for the maintenance and management of commonly owned property. (2) "Open space". The total area of land and/or water within boundaries of a Planned Development designed and intended for use and enjoyment as open-space areas. (A) Open space includes: (I) Area of the site not covered by buildings, paved areas, or accessory structures except recreational structures. (II) Land which is accessible and available to all occupants of dwelling units for which use the space is intended. PD District Page 11 private streets. the buildings, thereof. 61.0216 (B) Open space does not include: (I) Proposed and existing street rights-of-way and (II) (III) (1U) accessory Open parking areas, driveways. School sites. Commercial, industrial, or office areas and buildings, parking and loading facilities (3) "Open space, common". Open space within a Planned Development owned, designed and set aside for use by all occupants of the Planned Development or by occupants of a designated portion of the Planned Development. Cortunon open space is not dedicated to the public and is owned and maintained by a private organization made up of the open-space users. (4) "Open space, private". That open space directly adjoining the living areas of dwelling units, which is intended for the private enjoyment of the residents of the dwelling unit. Private open space shall in some manner be defined such that its boundaries are evident. (5) "Planned Development". An area of land, controlled by the applicant to be developed as a single, unified project which meets the standards, regulations, criteria and intent set forth in this section. (6) "Project". The total Planned Development area, with boundaries as defined in the development plan. (7) "Private streets". Shall mean the streets and roads within the project, used for general travel, not dedicated to the public and shall not be construed to mean driveways, alleys or parking areas. (d) APPLICABILITY: (1) In making an application fora Planned Development the applicant must show the following: (A) The property in question shall be comprised of five (5) gross contiguous acres or more. (e) GENERAL USES PERMITTED: Any use shall be permitted in the Planned Development District which is indicated by the base district for the subject property; in addition the following uses shall be permitted: (1) Condominiums. (2) Zero-lot line homes i.e., dwelling units with no setback on one side yard or one side yard and one rear yard. (3) Patio homes i.e., detached dwelling units having private open space and attached garages. (f) ACCESSORY USES PERMITTED: (1) All accessory uses permitted in the base bistrict shall be permitted in the Planned Development. (2) Horses shall be permitted nn lots twenty-thousand (20,000) square feet or greater subject to the regulations of the R-1 zoning district. Where lots are less than twenty-thousand (20,000) square feet, horses shall be permitted subject to the following conditions: (A) Horses shall be clustered onto common lots. (6) The maximum density of horses shall not exceed three and two-tenths (3.2) horses per gross acre. PD District 61.0216 Page 12 (C) All standards and regulations of the San Bernardino Department of Environmental Health Services and the City of Rancho Cucamonga shall apply. (D) Maintenance and management of the clustered facilities shall be provided by a Homeowners Association. (g) CIRCULATION: (1) The vehicular circulation pattern shall be designed such that: (A) It provides adequate vehicular access to and within the project in accordance with adopted City standards. (B) It is coordinated with external transportation networks in terms of location and loads. (C) It is integrated with the natural landscape. (D) It is designed such that noise levels from vehicular traffic shall comply with the Noise Quality Standards of the City of Rancho Cucamonga General Plan. (E) The Planned Development project and each phase thereof, has two (2) points of vehicular ingress and egress from surrounding streets, one (1) of which may be emergency only. Where the applicant can show that this is a physical impossibility, this requirement may be waived by the Planning Commission. (F) Private streets are acceptable if they are built to City Standards. (2) The pedestrian-circulation pattern shall be designed such that: (A) It is separated from vehicular traffic where possible and designed to discourage pedestrian crossing of the vehicular network, except at controlled points which are designed for pedestrian safety. (8) Hard-surfaced, safely lighted pedestrian access to common open space, recreational areas, community facilities and other logical terminal points shall be provided. (3) All common off-street parking areas shall be designed such that: (A) They provide adequate, convenient, well-marked, and safely lighted parking. (B) With the exception of building-enclosed parking structures, they shall contain appropriate landscaping to minimize the effect of large areas of asphalt or concrete. Parking requirements are listed in Section 61.0219(b) (h) OPEN SPACE: (1) The Planned Development project shall have a minimum of forty percent (40;;) private and common open space, not including balcony area. (2) Each dwelling unit shall have a minimum contiguous private open-space area as follows: (A) Ground Floor - two hundred-twenty five (225) square feet. (B) Upper-story dwelling unit with no ground floor - one-hundred (100) square feet. PD District ~_ •- 61.0216 Page 13 ~ _ (3) Provisions for the maintenance and management of the common open space and common facilities shall be reviewed and approved by the Planning Comm ssion. Such approval shall be based on the following criteria: (A) The applicant shall establish a Homeowners Association prior to the selling of any lot or occupancy of any dwelling unit. (i) SITE RESOURCE UTILIZATION: (1) The Planned Development shall be designed and developed in such a manner as to minimize the cutting of trees, Lhe disturbance of ground cover, cut-and-fill work, drainage alteration and hillside development. All tree removals shall be in accordance with City tree removal permit procedures. (2) A drainage analysis shall be prepared and shall accompany the Development Plan. (j) SITE AND STRUCTURE RELATIONSHIP: (1) The spacing of buildings shall be governed by the building code requirements for adequate light and air, proper access, fire regulations, and the need for visual and auditory privacy. (2) Whenever possible, dwelliny units shall be arranged to take advantage of views and vistas with consideration given to pleasing relationships of building mass. (3) The Planned Development shall be designed to minimize the likelihood of criminal activity by: (A) Minimizing those areas that are neither clearly private or public. (B) Planting landscaping such that maximum observation is obtained while providing the desired degree of aesthetics. (4) Building height is regulated by the base district. (6) No structure for human ha hitation shall be placed in an environmentally hazardous, fragile, or unique area. (6) Front and side setbacks required where applicable shall be those of the base district and shall be landscaped except where utilized for drives or access. In the event of varying side yard setbacks the greater setback shall be required. In the event of zero lot line homes and/or patio homes the greater side yard setback shall be required. (k) SUBMITTAL ITEMS: The applicant shall submit all information required on the Development Submittal Forms with any additions as determined by the City Planner to be necessary to delineate the proposal. (1) DEVELOPMENT PLAN: (1) The applicant shall file a Oevalopment Plan which shall include such information as will enable the Planning Commission to judge whether the proposal meets the adopted criteria and fulfills the purposes set out in this section. Such an application shall constitute a request for a zone change. (2) Such information shall include, but not be limited to that information required as part of the submittal for Development Review Application and Zone Changes. PD District _ ~ 61. .6 Page 14 ~ ~ (3) A tentative tract application shall also be filed concurrently with the application for Development Review and Zone Change. The submittal shall meet all requirements of the Subdivision Ordinance. (4) A processing fee es tahlished by the City Council shall be charged when a Planned Development application is made. A Tentative Tract application and fee shall he filed concurently. (6) The Planning Commission shall hold a public hearing on the Development Plan. Upon completion of the public hearing, the Development Plan shall he referred to the City Council with a recommendat'nn to approve, or approve conditionally. If the Planning Commission denies the application, the matter shall die unless appealed to the City Council in accordance with Section 61.222. (A) The Planning Conmission may alter the Development Plan and impose such restrictions and conditions as it may deem necessary to insure that the development will be in harmony with the intent and purposes of this section and with the adopted plans and policies of the City and/or guidelines as approved by the Planning Commission. (6) If the Planning Conmission recommended approval of the Development Plan and zone change, the City Council shall hold a public hearing on the Development Plan and zone change simultaneously. The ~, City Council chtii approve or disapprove the zone change and Development ~~~~ Plan. [f the Development Plan is not approved the City Council shall notify the applicant in writing of said decision. An approved plan shall be considered as part of the ordinance approving the zone change. Parking Requiremy~_ ~ __. 61.0219(6) Page 15 ~ , 61 0219 PARKING REQUIREMENTS- (b) PARKING REQUIREMENTS: These reyulations are established to provide for the on-site parking of motor vehicles that are attracted by the use or uses on the premises. The facilities required by this section for the parking and maneuvering of motor vehicles are assumed to be the minimum need for such facilities created by each particular land use. It is intended that these regulations will result in properly designed parking areas of adequate capacity that will reduce traffic congestion, promote increased business and enhance public safety. Every main use of the land of every main building hereafter erected or structurally altered, shall be provided with minimum off-street parking acronmoda tions as follows: (1) General Conditions: (A) Off-street Parking Location: The required parking spaces shall be located on the same site with the main use or building; on premises contiguous thereto, or in a location and developed in accordance with a plan approved by the City Planner. Property within the ultimate right-of-way of a street or highway shall not be used to provide required parking or loading facilities. (B) Change in Use: When the occupancy or use of any premises is changed to a different use, parking to meet the requirements of this section shall be Drovided for the new use or occupancy. (C) Increase in Use: When the occupancy or use of any premises is altered, enlarged, expanded, or intensified, additional parking to meet the requirements of this section shall be provided for the enlarged, expanded, altered, or intensified portion only. (D) Where two (2) or more uses are located in a single building or a single premise, required parking shall be provided for each specific use. (E) In case of a practical difficulty or hardship, a minor deviation may be requested in accordance with the provisions of Section 61.0219(1 )(A)(V). (2) Minimum Design Standards applicable to Multi-residential, Administrative-Professional, Commercial, Industrial and Educational Uses: (A) Each parking space shall be not less than nine (9) feet wide by nineteen (19) feet long, with adequate provisions far ingress and egress by a standard American passenger vehicle. This standard is applicable to all uses, including single-family and two- family residential. (B) One way access drives leading to aisles within a parking area shall be a minimum width of twelve (12) feet. (C) Where two-way traffic is desired, aisle widths and maneuvering areas shall be a minimum width of twenty-six (26) feet. (0) The parking area shall be designed so that a car entering the parking area shall not be required to enter a street to move from one location to any other location within the parking area of premises. (E) Parking and maneuvering areas shall be so arranged that any vehicle entering a vehicular right-of-way can do so traveling in a forward direction. Parking Requi reme~`s ~_ 61.0219(b) Page 16 (F) Where curbs and gutters do not exist and where vehicular access to the private property is not restricted by barriers, head-in parking which would necessitate full frontage access to the street or highway shall not be permitted. (G) All off-street parking facilities shall be so designed as to limit access to the private property from streets and highways to a minimum number of standard commercial driveways per the City of Rancho Cucamonga's Engineering DeparUnent locations and specifications. (N) Any lights provided to illuminate such parking areas shall be so arranged as to reflect the light away from adjoining residential premises and public thoroughfares. (Amended by Ordinance 1413. 2/26/69) (I) Individual parking stalls shall be clearly striped and permanently maintained with double or hairpin lines on the surface of the parking facility, with the two (2) lines being located an equal nine (9) inches on either side of the stall sidelines: arrows painted on paving shall indicate direction of traffic flow. (O) Minimum Aisle Width for Two-way Traffic: For two- way traffic, aisle widths and maneuvering areas shall be a minimum of tweety-six (26) feet in width. (K) Minimum Aisle Width for One-way Traffic: Stall Stall Width Length Parking Angle/Aisle Width 9.0 ft. 19.0 ft. 30°/12 ft. 450/14 ft. 600/18 ft. 90°/26 ft. (3) Parking and Loading Area Requirements: Every parcel of land hereafter used or maintained for residential parking, public parking, private parking, new car sales lots, used car sales lots, mobilehome, camper or trailer sales lots, boat sales lots, or other uses of a similar nature, shall he improved as follows; including loading spaces and access drives: (A) Every business, commercial, hotel, hospital, institution, industrial or special use hereinafter established or erected on land which shuts upon a street or an alley, shall have one (1) permanently maintained loading space of not less than ten (10) feet in width, twenty (20) feet in length and fourteen (14) feet clear in height for each five-thousand (5,000) square feet of building floor area provided, however, that not more than four (4) such spaces shall be required per use. (B) Truck terminals or yards and motor vehicle storage/impound facilities may be provided with a dustproofed surface of oil impregnated slag, crushed rock or equivalent if approved by the Planning Commission, otherwise they shall be paved with asphaltic concrete or Portland concrete cement. (C) Where such parking areas, excepting in R-1 or R-2 Districts, abut property located in R-1, R-2 or R-3 Districts, they shall be separated therefrom by a solid fence or masonry wall six (6) feet in height, measured from finished grade of the parking lot, provided such fence or wall from the front property line to a depth equal to the required front yard on the abutting "R" classified property, shall be four (4) feet in height, measured from finished grade of parking lot. (O) The required pa rktng area shall not be used far any purpose other than the temporary parking of motor vehicles, during the time the use that requires the parking is in operation. Parking Requiremgr'c _ 61.0219(b) Page I7 (E) All parking areas shall be paved with asphaltic rnncrete or concrete to the standards of the City. Additionally, all parxing and access areas shall be separated from any landscaping area by a six (6) inch high concrete curb. Other materials as approved by the Planning Commission may be substituted - such as bricks. (4) Business and Commercial Uses: (A) General business, except as herein specified: One (1) parking space for each two-hundred (200) square feet of building floor area. A minimum of four (4) parking spaces shall be provided. (B) Amusement enterprises, commercial recreation and similar uses such as shooting ranges, race tracks, miniature golf courses, pitch and putt courses, parks and zoos: One (1) parking space for each four (4) persons using or attending the facilities. (C) Automobile sales, boat sales, mobilehome sales, retail nurseries and other open uses not in a building or structure: One (1) parking space for each two-thousand (2,000) square feet of open area devoted to display or sales, provided, however, that where such area exceeds ten-thousand (10,000) square feet, only one (1) parking space need he provided for each five-thousand (S, DOD) square feet of such arez in excess of the first ten-thousand (10,000) square feet contained in such area. (D) Bowling alleys and billiard halls: Five (5) parking spaces for each bowling lane and two (2) parking spaces for each billiard table. (E) Chapels and mortuaries: One (I) parking space for each three (0) fixed seats and for every twenty-eight (28) square feet of seating area where there are no fixed seats, all to be within the main chapel, and one (1) parking space for each four-hundred (400) square feet of floor area outside the main chapel. Eighteen (18) linear inches of bench or shall be considered a fixed seat. (F) Child care centers: One (1) parking space for each employee or teacher and one (I) parking space far each five (5) children the facility is designed to accommodate. (G) Children's homes: One and one-half (1%,) parking spaces for each employee on the largest shift. (H) Churches: One (1) parking space for each four (4) fixed seats or for every twenty-eight (28) square feet of seating area within the main auditorium where there are no fixed seats. Eighteen (18) linear inches of bench or pew shall be considered a fixed seat. (I) Dance halls: One (1) parking space for each twenty (20) square feet of dance floor area and one (1) parking space for each three (3) fixed seats and for each twenty (20) square feet of seating area where there are not fixed seats. (,]) Golf courses and driving ranges, but NOT to include miniature golf courses: Four (4) parking spaces per hole on all golf courses and one (1) parking space per tee for driving ranges. (K) Hospital: One (1) parking space for each two (2) patient beds and one (1) parking space for each staff member and employee on the largest shift. (L) Medical offices, r.linics, veterinary hospitals: Five (5) parking spaces for each doctor or dentist. Parking Requi reme~s ~~ 61.0219(b) Page 18 (M) Offices, banks, building and loan associations, business and professional uses: One (1) parking space for each two- hundred (200) square feet of floor area. A minimum of four (4) such parking spaces shall be provided. (N) Organization camps: One and one-half (1'--;) parking spaces for each staff member and or employee. (O) Restaurants, including drive-ins, cafes, night clubs, taverns and other similar places where food and/or refreshment are dispensed: One (1) parking space for each three (3) seats and for every fifty (50) square feet of floor where seats may be placed. A minimum of ten (10) parking spaces shall be provided. (P) Skating rinks, ice or roller: One (1) parking space for each three (3) fixed seats and for each twenty (20) square feet of seating area where there are no fixed seats and one (1) parking space for each two-hundred and fifty (250) square feet of skating area. Twenty-four (24) linear inches of bench shall be considered a fixed seat. (q) Social care facilities: One (1) parking space for each three (0) residents in accordance with the resident capacity of the home as listed on the required license or permit, plus one (1) parking space for each staff member and employee on the largest shift. (R) Swimming pools, commercial and swimming schools: One (I) parking space for each five hundred (500) square feet of water surface area. A minimum of ten (10) parking spaces shall be provided. (S) Theaters, auditoriums, stadiums, sport arenas, gymnasiums and similar places of public assembly: One (1) parking space for each four (4) fixed seats and for every twenty-four (24) square feet of seating area where there are no fixed seats. (5) Educational Uses: (A) Schools, accredited general curriculum, kindergarten through grade nine: One (I) parking space for each staff member, faculty member and employee. (B) Schools, accredited general curriculum, grade ten through twelve, colleges and universities, business and professional schools: One (1) parking space for each five (5) students plus one (1) parking space for each staff member, faculty member and employee. (C) Special schools or trade schools: One (1) parking space for each three (3) students plus one (1) parking space for each staff member faculty member and employee. (6) Industrial Uses: (A} industrial uses of all types, including warehouses or buildings used exclusively for storage purposes, wholesale houses and distributors, and public utility facilities fncluding but not limited to electric, gas, water, telephone, and telegraph facilities not having business offices on the premises: One (1) parking space for each employee on the largest shift or one (1) parking space for each one-thousand (1,000) square feet of floor area, whichever is greater, and one (1) parking space for each vehicle operated or kept in connection with the use. Parking RequiremepT. Site Approval 61.0'1.19(b)(c)(d) Paa er l9Requiremen~, Area Requirements ~' Ih)(f )(g) 9 ()) (7) Residential Uses: (A) Single Family Dwellings, Two (2) parking spaces in a garage, or carpcrt if approved by the Planning Commis Sion, on the same site with the main building for each dwelling unit. Such parking spaces shall be located to the rear of the front setback line. Tandem barking shall be prohibited. (B) Multiple family dwellings: Two point two (2.2) spaces per dwelling unit, one space shall be in a garage or carport, all others may be open and uncovered. (c) CLUBS: conference centers, fraternity and sorority houses, rooming and boarding houses, and similar structures having guest rooms: One (1) parking space for each three {B) guest rooms. In dormitories, each one-hundred (100) square feet shad be considered equivalent to a guest room. (d) MOBILEHOME PARKS: Two (2) parking spaces (which may be in tandem) on each mobilehome lot. There shall also be established and maintained within each mobilehome park, one (1) parking space for each ten (10} spaces or fraction thereof within the mobilehome park, for visitor use. (e) MOTELS, HOTELS ANO MOTOR HOTELS: One (1) parking space for each unit. (f) WHEREVER IT 1S STATED in this Code that uses may be permitted in a district, if the location and development plan is approved as provided in Section 61.02I9(f), uses shall be required [o meet all of the requirements of Section 61.0219(0). (g) STRUCTURAL HEIGHT REQUIREMENTS: (1) General Buildings or structures and the enlargement of any building or structure shall be hereafter erected, reconstructed or maintained only in conformance with the height limit established for the zone wherein such building or structure is located, except as hereafter provided. (2} Exceptions: (A) Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and tire or parapet walls, Skylights, towers, flagpoles, chimneys, smokestacks, or similar structures may he erected above the height limits herein prescribed, but no penthouse or roof structures, or any space above the height limit shall he allowed for the purpose of providing additional floor space. (h) AREA REQUiREMEN75: (1) General: Buildings, structures or the enlargement of building or structures hereafter erected, coca ted or maintained on a lot shall conform with the area regulations of the district in which the lot is located, except as hereinafter provided: Area Requiremen ts~ ~ 61 .0219(h) Page 20 - (A) Yards for institutions, churches, etc, in "R" Districts; (1) An institution, hospital or similar use permitted under the use regulation of this section shall be located at least twenty-five (25) feet from any lot or boundary line of adjoining property in any "R" District. No required front yard or side street yard is to be used for the oarki ng of automobiles. (2) A church, library or museum shall be located at least fifteen (15) feet from side, side street and rear lot lines. (3) In the case of a church, library or museum where such institutions are in "R" Districts, the parking of automobiles shall be permitted in the interior side and rear yards provided such parking is located at lex st ten (10) feet from the side lot line of an interior lot. In all instances the automobile parking areas and driveways sha 11 be paved with an asphaltic or concrete surfacing per city standards and shall have appropriate bumper guards, raised concrete curbing or other substitute approved by the Planning Commission. (B) Yards or other open spaces required around an existing building or which are hereafter provided around any building for the purpose of complying with the provisions of this section, shall not be considered as providing a yard or open space for any other building: nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected. (2) Exceptions: (A) Loading space provided in accordance with this Code may occupy a required open rear yard. (B) An accessory building not exceeding one (1) story or fourteen (14) feet in height including heating and cooling units shall be at least ten (30) feet from the nearest point of the main buildi rg wall excluding eave overhang and three (3) feet from the side property line. In no case, however, shall an accessory building be located in any part of a required front yard, or side street yard, nor shall a two- story accessory building occupy any part of a required rear yard. (C) Cornices, eaves, belt courses, sills or other similar architectural appendages may project to a point no more than three (3) feet into a interior side property line. A front yard, rear yard or street side yard provided such appendages are supported only at, or behind, the building setback line or from the main building or structure. (D) Fire escapes may extend or project into any required front, side street or rear yard not more than four (4) feet. (E) Open, unenclosed stairways, or balconies, not covered by a roof or canopy may extend or project in ~o a required front street side or rear yard not more than four (4) feet. (F) Uncovered porches, platforms, or landing places which do not extend above the level of the ground floor of the building or do not exceed a height of forty-eight (48) inches above grade, may extend into any front or street side yard not more than six (6) feet and in any interior side yard may project to a point no more than three (3) feet from interior side property lines. Area Requiremen tr- ~ ._. 61.0219(h) Page 21 (G) Openwork r'ences, hedges, walls or similar landscape architectural features, and guard rani nqs for safety protection around depressed ramps, if not more than four (4) feet in height, may be located in any front or side street yard. (H) In R Districts, a fence or wall not more than six (6) feet in height or a hedge maintained so as not to exceed six (6) feet in height may be located on the side or rear lot lines provided such fence, wall or hedge does not extend into the required front yard. (I) 6winming pools shall not be located in any required front yard or side street yard or its projection to the rear property line. (J) Attached, unenclosed patio roofs may be located in the required rear yard, provided said patio roof shall be at least five (6) feet from the rear property line and, further, provided that the area of said patio roof in the rear yard shall be included as a part of the total lot coverage. (K) On corner lots an attached or detached garage may be located in the rear yard within five (6) feet of the rear property line if located at least twenty (20) feet from the side street line. (L) Fireplace structures and planting boxes may be located in a required yard, provided they do not reduce said yard by more than two (2) feet. (3) Computation of Yards: (A) If any future right-of-way line has been established by provisions of a specific ordinance, the Adopted Circulation Plan, any Adopted Precise Plan, the measurement of the yard shall be made from the future right-of-way line or future property line. Minor Devia ti onsf_ ~ 61.0219(1) Page 22 (1) MINOR DEVIATIONS (1) In order to provide flexibility necessary to achieve the objectives of this ordinance, selected site development regulations and applicable off-street parking requirements generally applicable throughout one or more zones are subject to review and minor adjustment in those circumstances where such adjustment will be compatible with adjoining uses. To ach+eve these purposes, the City Planner is empowered to review and evaluate the applicable circumstances pertaining to each reques tad adjustment, and to approve or to deny such requests and to impose reasonable conditions upon such approval, subject to the right of appeal. (2) Application and F'ee: (A An application fora minor deviation shall be filed with the City Planner, on a form or in such manner as the City Planner may prescribe. When authorized by the City Planner, an application for a minor deviation may be combined with and made a part of an application fora building permit or other permit or approval required by the City. (B) The application shall be accompanied by a fee established by Resolution of the City Council. (3) Minor Deviations Rllowable: (A) Only the following minor deviations shall be allowable, and no applications for adjus4nents minor deviations in excess of the limitations prescribed below may be accepted. (I) Fence Height: In any zone, the City Planner may increase the maximum height of anv fence, wall, hedge or equivalent screerii ng by not more than 2 feet, v:~iere the topography of sloping sites or a difference in grade between adjoining sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, as generally provided by such fence, wall, hedge or screening in similar circumstances on flatter sites. ([I) Yards: In any R zone, the City Planner may decrease the minimum yard by not more than 10 percent where the yard does not serve as the principal pedestrian access to more than one dwelling unit or is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect a6utti ng sites. (II[) Coverage: In any R zone, the City Planner may increase the maximum coverage by not more than 10 percent of the lot area, where such increase will promote improved site planning or architectural design, creation or maintenance of views, or otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect abutting sites. (IV) Off-Site Parking Facilities: The City Planner may authorize not more than 50 percent of the required parking for a use to be located on a site not more than 250 feet from the site of the use for which such parking is required, where in his judgement such off-site parking will serve the use equally as effectively and conveniently as providing such parking on the same site as the use for which it is required. The City Planner may require such covenants and guarantees as deemed necessary to ensure utility, availability, and maintenance of such joint use of off-site parh.ing facilities. Minor Deviations, _ 61.0219(1) Page 23 ~~ '-~~ (V) The City Planner may authorize not more than a 10 percent reduction in the required off street parking requirements when it is proven that it will not result in a traffic hazard or reduce necessary parking for the use. (4) Notification: (A) Prior to consideration of a minor deviation the City Planner shall cause notice to be given to apFli ca nt and con tigious property owners by certified mail 10 days prior to the decision on the application. Said notice shall state the following: (I) extent of request. (li) location of request. (lI I) name of applicant. (IV) date on which a decision will be made on said request. (V) name of City Planner and telephone number of City Hall. (B) Notice of the decision on the minor deviation shall be given to the applicant by mail within 5 days of the decision. (5) Action by City Planner: (A) Within 15 days after an application for a deviation has been filed, the City Planner shall act on the application. The City Planner may grant approval as requested in the application, or may grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehic~iar ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other chars teristics of operation; requirements for maintenance of landscaping and other improvements establishment of development schedules or time limits for performance or completion; and such other condi tions as the City planner may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the City Planner to exercise the judgement required by this section. (6) Effective Date: (A) The decision of the City Planner shall be effective 14 calendar days after the date of the decision unless an appeal has been filed with the Planning Commission. (7) Appeal to Planning Commission: (A) The decision of the Director may be appealed within 14 ca~endar days to the Planning Commission by the applicant or any other person as prescribed in Section 61.0222. (B) The Planning Commission shall hold a Public Hearing on the application as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14 day period. (B) Appeal to City Council: (A) The decision of the Planning Comni ssion may be appealed within 14 calendar days to the City Council by the applicant or any other person as prescribed in Section 61.0222. Minor Deviations~._ ,___ 61.0219(1) Page 24 (B) The City Council shall hold a Public Hearing on the application of Minor deviations as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (9) Lapse of Minor Deviation Approval: (A) Unless a longer time shall be specifically established as a condition of approval, an approved Minor deviation shall lapse and shall become void eighteen months following the date on which such approval became effective, unless prior to expiration a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required. (8) An approved Minor deviation subject to lapse may be renewed by the City Planner an addi tonal period of six months, provided that prior to the expiration date, a written request for renewal is filed with the City Planner. (10) Modification of Minor Deviation Approval: (A) Sections 61.0219.1(2) through 61.0219.1(7} shall apply to an application for modification, expansion, or other change •:n an approved Minor deviation, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the time of origi naT approval remain valid, (il) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, ar, if granted subject to conditions, upon failure to comply with conditions, an approved Minor deviation shall be suspended upon notification by certified nail to the applicant, owner, or operator of the use or site. (B) The Planning Commission shall hold a Public Nearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.OZ19(o)3 and if not satisfied that the regulation, general provision, or condition is being complied with; may revoke the Minor deviation or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. (C) The decision of the Planning Commission may be appealed as prescribed in Section 61.0219(1)8, (12) New Appiications: (A) Follwoin9 the denial or revocation of a Minor deviation no application for the same or substantially the same Minor deviation on the same or substantially the same site shall be filed within one year from the date of denial or revocation, (13) Approval to Run !Jith the land: (A) A Minor deviation approved pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the application. Development Revr ~~ 61. .9(n) Page 25 ~~ '~ (n) DEVELOPMENT REVIEW (1) Purposes: (A) Sn order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, selected uses in certain zones are allowed only subject to Development Review, and in some instances to issuance of a permit authorizing a temporary use or a home occupation. Because of their site development requirements or operating characteristics, such uses require special consideration so that they may be located and operated in accord with the objectives of the zoning regulations and in a manner wholly compatible with uses on surrounding properties. The Development Review process is intentled to afford an opportunity for review and evaluation of these requirements and characteristics, and to ensure adequate mitigation of any potential unfavorable impacts on nearby uses. To achieve these purposes, the City Planner or the Planning Comniss ion, as may be applicable, are empowered to review and evaluate the applicable circumstances pertaining to each use subject to Development Review, and to grant or deny applications therefore and to impose reasonable conditions upon such approval, subject to the right of appeal, (2) Application and Fee: (A) Application for Development Review shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (i) Name and address of the applicant. ([I) Address and legal description of the property. (I1I) If the apps scant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property. (IV) A statement describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the City Planner may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of Lhe use to meet performance standards, c' substantiating Lhe adequacy of proposed parking, loading, and circulation facilities. (V) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all fully dimensioned, as required to illustrate the following: (a) Existing and proposed location and arrangement of uses on the site, and on abutting sites within 100 feet. (b) Existing and proposed site improvement, buildings, and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale, and architectural character. (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. Development Reviey~ ~ 61.0219(n) Page 26 l (d) Existing and proposed parking, loading, and traffic and pedestrian circulation features, be th or. the site and any off-site facilities or improvements related to or necessitated by the proposed use. (vi) The City Planner may require additional information or plans, necessary to enable canplete analysis and evaluation of the application. The application shall be accompanied by a fee established by Resolution of the City Council. (3) Action by City Planner: (A) Not more than 30 days after acceptance of an application for Development Review, the City Planner shall act on the application. The City Planner may grant approval as requested in the application, or may grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress, egress, and traffic circulation; regulation of Signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the City Planner may deem necessary to insure compatibility with surrounding uses, to preserve tha public health, safety, and welfare, and to enable the City Planner to make the findings required by Section 61.0219(n)6. (8) If, in the opinion of the City Planner, the application for Development Review involves unusual site development requirements or unique operating characteristics, or raises questions of development policy substantially more sf gnifica nt than generally pertain to applications for development review and which require Planning Comniss ion consideration, the City Planner shall refer the application to the Planning Commission for action within 30 days of acceptance of the application for Development Review. The City Planner shall notify the applicant of such referral by mail. (4) Action by the Planning Commission: (A) The Commission may grant approval as requested in the application, may grant approval in a modified form or subject to conditions, or may deny the application. Conditions may include, but shall not be limited to, requirements for sped al yards, open spaces, buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Commission may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Section 61.0219(n)6. Development Revi ~ ~ 61.0219(n) Page 27 ~- (6) Findings: (A) The City Planner, or the Planning Commission if applicable, shall make the following findings before granting approval pursuant to Development Review: (I) That the proposed use is in accord with the objectives of this ordinance and the purposes of the zone in which the site is located. (II) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially inj uriors to properties or improvements in the vicinity. (III) That the proposed use will comply with each of the applicable provisions of this ordinance. (6) Effective Date: (A) The decision of the City Planner, or the Planning Commission if applicable, shall be effective 14 calendar days after the date of the decision unless an appeal has been filed with the Planning Commission or the City Council if applicable. (1) Appeal to City Council: (A) A decision of the City Planner, or the Planning Conmission if applicable, may be appealed within 14 calendar days to the Planning Commission or City Council if applicable, by the applicant or any other person as prescribed in Section 61.0222. (B) The City Council shall hold a Public Hearing on a Development Review application as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (8) Lapse of Development Approval: (A) Unless a longer time shall be specifically established as a condition of approval, a Development Review approval shall lapse and shall become void eighteen months following the date on which such approval became effective, unless prior to the expiration of eighteen months a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of ocapa ncy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required. (B) A Development Review approval subject to lapse may be renewed by the City Planner for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with the City Planner. Applications originally approved by the City Planner may be extended by the City Planner. If the application was approved by the Planning Conmission, it may be extended by the Planning Conmiss ion. (9) Modification of Development Review Approval: !AI Sections 61.0219(n)2 through 61.0219(n)8 shall apply to an application for modification, expansion, or other change in a Dnvelopinent Review authorization, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the time of origi ral approval remain valid, and that changes would not affect the findings prescribed in Section 61.0219(n)6. Conditional Use P -~mi is Page 28 61.0219(n)(o) (- (10) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Development Review authorization shall be suspended upon notification oy certified mail to the applicant, owner, or operator of a use authorized pursuant to Development Review. (o) CONDITIONAL USE PERMITS (1) Purposes: (A) In order to give the use regulations the flexibility necessary to achieve the objectives of this ordinance, selected uses in certain zones are allowed only subject to the granting of a Conditional Use Permit. Because of their unusual site development requirements or unique operating characteristics, uses subject to a Conditional Use Permit require special consideration so that they may be located and operated in accord with the objectives of the zoning regulations and in a manner wholly compatible with uses on surrounding properties and within the City at large. The Conditional Use Permit process is intended to afford an opportunity for broad public review and evaluation of these requirements and characteristics, to ensure adequate mitigation of any potentially unfavorable impacts, and to provide for adjustment of certain site development regulations and performance standards when authorized by the zoning regulations. To achieve these purposes, the Planning Commission is empowered to conduct public hearings, to review the applicable circumstances pertaining to each use subject to conditional use review, to evaluate such adjustments as allowed by the zoning regulations, and to gra r.t or deny applications for a Conditional Use Permit and to impose reasonable conditions upon such approval, subject to the right of appeal. In order to achieve these purposes, the Planning Commission is empowered to grant and to deny applications for use permits for such conditional uses in such zones as are prescribed in the zone regulations and to impose reasonable conditions upon the granting of Conditional Use Permits, subject to the right of appeal to the City Council or to review by the City Council, In all cases Conditional Use Permits are required for shopping centers. (2) Application and Fee: (A) Application fora Conditional Use Permit shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps; (I} Nmne and address of the applicant. (II) Address and legal description of the property. (I I1) If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property. (IV) A statement describing the requested use, or describing the nature and operating characteristics of the proposed use, including any data pertinent to the findings required for approval of the application, (V) Three sets of typed, gummed labels listing the name, address and the assessors parcel number of all property owners within a radius of 300 feet of the exterior boundaries of the subject p ~operty. The list shall be obtained from the latest equalized assessment rolls of the San Bernardino County Assessor's office and keyed to a radius map drawn on Assessors Parcel maps. Conditional Use P~nni is 61.0219(0) Page 29 ~ ~ -- (VI) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, all fully dimensioned, as required to illustrate the following: (a) Existing and proposed loco ticn and arrangement of uses on the site, and on abutting sites within 100 feet. (h) Existing and proposed site improvements, buildings, and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale, and architectural character. (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. (dl Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed use. (B) The City Planner may require additional information or plans, necessary to enable complete analysis and evaluation of the application. (C) The application shall be accompanied by a fee established by Resolution of the City Council. (3) Public Hearing: (A) The Planning Commission shall hold at least one Public Hearing on each application for a Conditional Use Permit. The hearing shall be set and notice given as prescribed below: (I) Notice shall be given to the applicant by mail at least 10 days prior to the date of the hearing. (II) Notice shall be given to owners and occupants of sites within 300 feet of the subject property by certified mail at least 30 days prior to the date of the meeting. (Ili) Notice shall be given by publication at least 10 days prior to the date of the hearing, (lY) At the option of the City Planner, additional notice may be given to any or all owners or occupants of sites within 600 feet of the subject property by regular Heil at least 10 days prior to the date of the hearing. At a public hearing, the Commission shall review the application, and drawings suhmitted ?herewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0219(0)5. (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the Planning Commission and to the applicant prior to the public hearing. (C) Notice of the decision of the Planning Commission on a Conditional Use Permit shall be given Co the applicant by mail within 5 days of the decision by the Commission, (4) Action by the Planning Commission: (A) Not more than 21 days following the closing of the Public Hearing on a Conditional Use Permit, the Planning Commission shall act on the application. The Commission may grant a Conditional Usc Permit as the permit was applied for or in a modified form or subject to conditions, or may deny the application, Conditions may include, but shall not be limited to, requirements for special yards, open spaces, Conditional Use ~~_~ni is ~~ 61.0219(0) Page 30 buffers, fences, walls, and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications, regulation of Vehicular ingress and egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time limits for performance or completion; and such other conditions as the Commission may deem necessary to insure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the ri ndings required by Section 61.0219(0)5. (5) Findings: (A) The Planning Commission shall make the following findings before granting a Conditional Use Permit: (I) That the proposed use is in accord with the General Plan, the objectives of this ordinance, and the purposes of the zone in which the site is located. (lI) That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (III)That the proposed use will comply with each of the applicable provisions of this ordinance. (6) Effective Date: (A) The decision of the Planning Commission shall he effective 14 days after the date of the decision unless an appeal has been filed with the City Council. (7) Appeal to City Council: (A) A deci Sion of the Planning Conission may be appealed within 14 calendar days to the City Council by the applicant or any other Derson as prescribed in Section 61.0222. (B) The City Council shall hold a Public Hearing on a Conditional Use Permit as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (8) Lapse of a Conditional Use Permit: (A) Unless a longer time shaii be sped fically established as a condition of approval, a Conditional Use Permit shall lapse and shall become void eighteen months following the date on which such permit became effective, unless prior to the expiration of eighteen months a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the application, or a certificate of occupancy is issued for the structure which was the subject of the application, or the site is occupied if no building permit or certificate of occupancy is required. (B) A Conditional Use Permit subject to lapse may be renewed by the Planning Commission for an additional period of one year, provided that prior to the expiration date, a written request for renewal is filed with the City Planner. (C) The Planning Commission may grant or deny an application for renewal. Conditional Use P~^mits ,_ 61.0219(0) Page 31 (9) Pre-Existing Conditional Uses: (A) A use legally established pursuant to a Conditional Use Permit, Site Rpproval, or Location and Development Plan Approval prior to the effective date of this ordinance or prior to the effective date of subsequent amendments to the regulations or zone boundaries shall be deemed a pre-existing conditional use and shall be permitted to continue, provided that it is operated and maintained in accord with the conditions prescribed at the time of its establishment, if any. (B) Alteration or expansion of a pre-existing conditional use shali 6e permitted only upon the granting of a Conditional Use Permit as prescribed in this Chapter, provided that alterations not exceeding 52,500 in value as determined by the Building Official shall be permitted without the granting of a Conditional Use Permit. (C) A Conditional Use Permit shall be required for the reconstruction of a structure housing a pre-existing conditional use if the structure is destroyed by fire or other calamity, by act of God, or by the public enemy to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction to the estimated cost after depreciation, of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made 6y or shall be reviewed and approved by the City Engineer and Building Official and shall 6e based on the minimum cost of construction in compliance with the Building Code. (D) A Conditional Use Permit or Location and Development Plan filed with and approved by the County of San Bernardino prior to incorporation of the City of Rancho Cucamonga, shall become null and void upon the effective date of this ordinance, unless such has been activated by the occupancy of the site, commencement of the use or issuance of a building permit. (10) Modification of Conditional Use; (A) Sections 61.0219(0)2 through 61.0219(o)B shall apply to an application for modification, expansion, or other change in a Conditional Use Permit, provided that minor revisions or modifications may be approved by the City Planner if he determines that the circumstances or conditions applicable at the Lime of original approval remain valid, and that changes would not affect the findings prescribed in Section 61.0219(0)5. (11) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Conditional Use Permit shall be suspended upon notification by certified mail to the applicant, owner, or operator of a use subject to a Conditional Use Permit. (B) The Planning Commission shall hold a Public Hearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.0219(0)3, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within 14 days following the date of a decision of the Commission revoking a U~~e Permit or location and development plan, the City Planner shall transmit to the City Council written notice of the decision. The decision Conditional Use Py^ni is Page 32 shall become final 28 days following the date on location and development plan was revoked unless filed within the prescribed 14-day appeal period, 61.0219(0)7 shall apply. (12) New Applications: 61.0219(0) (~ which the Use Permit or an appeal has been in which case Section (A) following the denial or revocation of a Conditional Use Permit application, no application fora Conditional Use Permit for the same or substantially the same use on the same or substantially the same site shall be filed within one year from the date of denial or revocation. (13) Approval to Run With the land; (A) A Conditional Use Permit granted pursuant to the provisions of this chapter shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application. (14) Concurrent Applications: (R) Application for Development Review and fora Conditional Use Permit including the same property may be made concurrently. In such event, res ponsf bility far action on the Development Review application shall be vested in the Planning Commission. (U) Application fora Conditional Use Permit may be made concurrently with an application for a change in zone boundaries including the same property, subject to the fee applicable for both a Conditional Use Permit and fora rezoning application. The Planning Commission shall hold the public hearing on the zoning reclassification and the Conditional Use Permit at the same meeting and may combine the two hearings. For the purposes of this section, the date of the Commission decision on the Conditional Use Permit application shall be deemed to be the same as the date of enac invent by the City Council of a di na nce changing the zone boundaries, provided that if.the Counci/l~o6ifi~ a recommendation of the Commission on a zoning ~~~`fa'~ification, the Conditional Use Permit application shall be reconsidered by the Commission in the same manner as anew application. Variances _ 61.0220 Page 33 (~ (a) VARIRNLES (1) Purposes and Authorization: (A) Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict appl ica Lien of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicintiy and under identical zoning classification. Any Variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated. (B) The Planning Commission may grant Variances to the regulations prescribed by this chapter, in accord with the procedure prescribed in this chapter, with respect to fences, walls, hedges, screening, and landscaping; site area, width, and depth; front rear, and side yards; coverage; height of structures; landscaping; usable open space; performance standards; and off-street parking and loading facilities. (C) The power to grant Variances does not extend to use regulations. Flexibility to the zoning regulations is provided pursuant to Development Review and Conditional Use Permit provisions of this ordinance. (2) Applica Lion and Fee: (A) Application for a Variance shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (I) Name and address of the applicant. (II) Address and legal description of the property. (III)If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner of the property. (IV) A statement describing the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings required of the Variance. (V) Three sets of typed, gummed labels listing the name, address and the assessors parcel number of all property owners within a radius of 300 feet of the exterior boundaries of the subject property. The list shall be obtained from the latest equalized assessment rolls of the San Bernardino County Assessors Office and keyed to a radius map drawn on Assessors Parcel maps. (VI) Site plans, preliminary building elevations, preliminary improvement plans, and such additional maps and drawings, alt fully dimensioned, as required to illustrate the following, to the extent related to the Variance application: (a) Existing and proposed location and arrangement of uses on the site, and on abutting sites within 100 feet. (b) Existing and proposed site improvements, buildings, and other structures on the site, and any off-site improvements related to or necessitated by the proposed Variance. Building elevations sha l be Sufficient to indicate the general height, bulk, scale, and architectural character. Variances 61.0220 ?age 34 (~ '~- (c) Existing and proposed topography, grading, landscaping, and screening, irrigation facilities, and erosion control measures. (d) Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed Variance. (B) The City Planner may require addi tonal information or plans, if they are necessary to enable to complete analysis and evaluation of the application, and a determination as to whether the circumstances prescribed for the granting of a Variance exist. (C) The application shall be accompanied by a fee established by Resolution of the City Council. A single application may include requests far Variances from more than one regulation applicable to the same site, or for similar Variances on 2 or more adjacent sites with similar characteristics. (3) Publi: Heari no and Action: (A) The Planning Commission sha 77 hold at least one public hearing on each application for a Variance. The hearing shall be set and notice given as prescribed below: (I) Notice shall be given to the applicant by certified mail at least 30 days prior to the date of the hearing. (II) Notice shall be given to owners of sites within 300 feet of the subject property by certified mail at least 30 days prior to the date of the meeting. (I[I) Notice shall be given by publication at least 10 days prior to the date of the hearing. (IV) At the option of the City Planner, additional notice may be given to any or all owners of sites within 300 feet of the subject property by regular mail at least 10 days prior to the date of the hearing. At a public hearing, the Conmiss ion shall review the application, and drawings submitted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0220(5). (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the Planning Commission and to the applicant prior to the Public hearing. (C) Notice of the decision of the Planning Commission on a Variance shall be given to the applicant by mail within 5 days of the decision by the Commission. (4) Action by the Planning Commission: (A) Not more than 21 days following the close of the public hearing on a Variance application, the Planning Commission shall act nn the application. The Commission may grant a Variance as the Variance was applied for or in modified form, or subject to conditions, or the application may be denied. H Variance may be revocable, may be granted for a limited time period, or may be granted subject to conditions as the Commission may prescribe. (5) Findings: (A) The planning Commission shall, on the basis of the a rpl ica lion and the evidence submitted, make findings of fact that es to hlish that the circumstances prescribed below do apply, before granting a Variance: Variances __ Page 35 61.0220 (I) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter. (II) That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. (III) That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. (IV) That the granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. (V) That the granting of the Variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. (8) Parking; Additional Findings: The Planning Commission may grant a Variance to a regulation prescribed by this ordinance with respect to off-street parking or loading facilities if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the following additional circumstances also apply: (I) That neither pres~~~t nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation. (Ii) That the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flew of traffic of the streets. (III) That the granting of the Variance will not create a safety hazard or any other condition inconsistent with the objectives of Lhis ordinance. (6) Effective Date of Variance: (A) A decision of the Planning Commission on a Variance shall be effective 14 calendar davs after the date of the decision unless an appeal has been filed with the City Council. (1) Appeal to City Council: (A) A decision of the Planning Commission on a Variance niay be appealed within 14 calendar days to the City Cou ncfl by the applicant or any other person as prescribed in Section 61.0222. (6) The City Council shall hold a public hearing on a Variance as prescribed in Section 61.0222 if an appeal has been filed within the prescribed 14-day period. The decision of the City Council shall be final. (B) Lapse of Variance: (A) Unless a longer time period shall be specifically established as a condition of approval, a Variance shall lapse and shall become void eighteen months following the date on which the Variance became of fec tive, unless prior to the expiration of eighteen months a building permit is issued and construction is commenced and diligentiy pursued toward completion on the site which was Che subject of the Va rianre application, or a certificate of occupancv is issued for the site or structure which was the subject of the Variance application, or the site is occupied if no building permit or certificate of occupancy is required. Variances _ Paae 36 (B) A Variance subject to lapse Planning Commission for an additional period of prior to the expiration date, a written request with the City Planner. (C) The Planning Conmission may for renewal. 61.0220 may be renewed by the one year, provided that for renewal is filed grant or deny an application (9) Suspension and Revocation: (A) Upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, a Variance shall be suspended upon notification by certified mail to the applicant, owner, or operator of the use subject to the Variance. (B) The Planning Comni ssion shall hold a Public Hearing within 40 days of such notification, in accord with the procedure prescribed in Section 61.0220(3) and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Variance or take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. (C) Within 14 days following the date of a decision of the Commission revoking a Variance, the City Planner shall transmit to the City Council written notice of the decision. The decision shall become final 28 days following the date on which the Variance was revoked unless an appeal has been filed within the prescribed 14 day appeal period, in which case Section 61.0220(7) shall apply. (10) New Applications: (A) Following the denial or revocation of a Variance application, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation. (11) Variance to Run With Land Or Structure: (A) Unless otherwise specified at the time a Variance is granted, a Variance shall run with the land and shall continue to be valid upon a change of ownership of the site or structure to which it applies. Admendments i=-- 61.0221 Page 37 '-' (a) AMENDMENTS (1) Initiation: (A) A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of property by filing an aoplica tion for a change in zone boundaries (rezoning) as prescribed in this chapter. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application. (B) A change in the boundaries of any zone or a change in the regulations may be initiated by the City Planning Commission or the Council. (2) Application and fee: (A) Application for rezoning shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (I) Name and address of the applicant. (II) Address and legal description of the property. (III)If the applicant is not the legal owner of the property, statement that the applicant is the authorized agent of the owner of the property for which rezoning is proposed. (IV) An accurate scale drawing of the site and the surrounding area showing existing streets and property lines, and existing and proposed zone boundaries, fora distance determined by the City Planner to be necessary to illustrate the relationship to and impact on the surrounding area, but not less than 300 feet or more than 600 feet from the property proposed for rezoning. (B) The City Planner may require additional information or maps if they are necessary to enable the Commission to determine whether the change is consistent with the objectives of this ordinance. (Ci An application initiated by a property owner shall be accompanied by a fee established by Resolution of the City Council. (3) Public Hearing: (A) The Planning Commission shall hold at least one public hearing on each application for a change of zone. The hearing shall be set and notice given as prescribed below: (I) Notice shall be given to the applicant by certified mail at least 10 days prior to the date of the hearing. (li) Notice shall be given to owners of sites within 300 feet of the subject property by certified mail at least 10 days prior to the date of the meeting. (III) Notice shall he given by publication at least 10 days prior to the date of the hearing. (IV) At the option of the City planner, additional notice may be given to any or all owners of sites within 300 feet of Lhe subject property by regular mail at least 10 days prior to the date of the hearing. At a public hearing, the Commission shall review the application, and drawings submitted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0221(4). (V) Three sets of typed, gummed labels listing the name, address and the assessors parcel number of all property owners within a radius of 300 feet of the exterior boundaries of the subject property. The list shall be obtained from the latest equalized assessment Amendments 61.0221 .. ~ Page 36 ~~~ rolls of the San Bernardino County Assessors Office and keyed to a radius map drawn on Assessors Parcel maps. (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to the Planning Commission and to the applicant prior to the Public Hearing. (C) Plo tice of the decision of the Planning Commission on a change of zone shall be given to the applicant by mail within 5 days of the decision by the Commssion. (4) Action by the Planning Commission: (A) Not more than 21 days following the closing of the public hearing, the Planning Commission shall make a specific finding as to whether the change is consistent with the objectives of this ordinance and with the General Plan, and shall recommend to the City Council that the rezoning or change be granted, granted in modified form, or rejected. (5) Alternative Classification in Lieu of Proposed Classification: (A) When the Commission determines, following a public hearing on a proposed rezoning, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Commission nwy recommend alternate classifications in accord with the following schedule: Proposed Zone Described Alternate Zones That in Public Hea ri n9 Notice May Be Considered A NONE R-1-1 A R-1-20 A or R-1-1 R-1-10 A, R-I-20 or R-i-1 R-1-7 A, R-1-10, R-1-20 or R-1-1 R-2 A or any R-1 R-3 A or R-2 AP A C-1 A or AP C-2 A or AP or C-1 MR A or none M-1 A or MR M-2 A or MR or M-1 Any Combining Zone None, except as applicable to any proposed base zone (B) In order to more properly accommodate these alternate zone classifications, the notice of public hearing shall indicate the alternate classifications, if any, which the Planning Commission or City Council may consider, (6) Appeal to the City Council: (A) A decision of the Planning Commission involving an apalica ti on for a change in zone boundaries may be appealed to the City Council within 14 calendar days by the applicant or any other person as prescribed in Section 61.0222. Amendments ` _ _ 61.0221 Page 39 l . •~ (7) Action by the City Council: (A) Not more than 40 days foliowi ng receipt of the reconmenda tion of the Planning Commissien, the City Council shall hold at least one public hearing on the rezoning or change, provided that no hearing shall be held on a proposed rezoning or change which has been recommended for denial by the Planning Commission unless an appeal is filed by the applicant or any other person as prescribed in Section 61.0222. The hearing shall be set and notice given as prescribed in Section 61.0222. Within 21 days following the closing of a public hearing, the Council shall make a specific finding as to whether the change is consistent with the objectives of this ordinance and with the General Plan. If the Council finds that the change is consistent, it shall introduce an ordinance amending the Zoning Map or zoning regulatiens, whichever is appropriate. If the Council finds that the change is not consistent, it shall deny the application or reject the proposal. The Council shall not modify a recommendation of the Planning Commission on a rezoning or change until it has requested and considered a report of the Commission on the modification. Failure of the Commission to report within 30 days after receipt of the Ccu^.cil re~~~ect shall be deemed concurrence. (8) New Application: (A) Following the denial of an application fora change in zone boundaries or a change in the zoning regulations, an application or request for the same or substantially the same change shall not be filed within one year of the date of denial. (9) Change of Zoning Map: (A) A change in zone boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map. (10) Prezoning: (A) For the purpose of establishing zoning regulations to become effective only upon annexation of property outside the corporate boundaries of the City of Rancho Cucamonga, prezonf ng may be considered. Prezoning is subject to the same procedural requirements as prescribed for property within the City. Any ordinance duly passed by the City Council establishing or changing such classification shall become effective only upon the effective date of annexation of such property to the City of Rancho Cucamonga. (B) Upon passage of an ordinance establishing the applicable zone designation for property cutside the City, the zoning map shall be revised to show the potential or "prezoned" classification to become effective upon annexation, and shall identify each zone or zones applicable to such property with the label or nomenclature "PREZONED" fn addition to such other map designation as may be applicable. NOTICE OF PU[SL IC HEARING RANCHO CUCAMOfIGA CITY COUiICIL The Rancho Cucamonga City Council will be holding public hearings at 7:00 p.m. on Jan. 21, 1981 at the Lion's Park Community 8uil ding located at 9161 Base Line Road, Rancho Cucamonga, California 31730, to consider the following described project(s): ENVI RONMEHTAL P.SS ES Sf4F NT AND ZONE CHANGE N0: CO-13 - NU6AN Y. - A requ zst for zone change from A~zdministrative professional to R-3 nmlti-fami'.y . residential) for 6.4 acres of land located south of r Base Line on the west ~ side of Hellman - APN 208-011-02, 03, & 04 • 'r.~ ~ ENVIRONflE }ITAL ASSESSME'IT AN"u ZOIJE CHA"JGE N0. 30-15 - LAAC"42K - A zone change ~i C!.''~ ~ fromlimited agricultural ^.v R-1 Isingle family residential) for 1.5 f ,. acres located on the v: est side of Turner at Ironwood - APfI 1077-041-58 .. ~ ~ ' \ ~ i c~ ~,z• ~ i~ + Anyone having concerns or questions on any of the above items are welcome to confect the City Planning Division at (714) 989-1G81 or visit the offices located at 9340 base Line P.o ad, Unit 6. Also, anyone ob,jecti ng to or in favor cf the above, may appp~ar in person at the above-described mee Ling or may sohnit their concerns in srri ti ng to the Planning Division, City of Ra oche Cu canonga prior to said n:e eting. January 9, 1981 /s/ Lauren lJa sser~aan O,i to City Clerk • •, CITY OF RAI~K7 f0 CICAMONGA STAFF REPORT DATE: January 7, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Award of the Widening and Improvement of Highland Avenue Between Hermosa Avenue and Haven P.venue and Church Street Between Archibald Avenue and Kahai Avenue ~-~ On January 5, 1981 bids were received on the Highland and Church Improvement Project. The low bidder was Fontana Paving, inc. at $81,959.08. The Engineer's estimate for the project was $102,338.00. The Staff has analyzed the bids and finds them correct and acceptable. The low bidder, Fontana Paving was 209 below the engineer's estimate. A summary of all bids is attached. Is is recommended that Council award the Highland and Church Improvement Project to Fontana Pavings, Inc. at $81,954.08 plus a 109 contingency and authorize the Mayor and City Clerk to execute contracts on their behalf. Nespec tfully submitted, ~~~'`~~~ LBH:jaa Attachments -' ... '.'.. .' ..,. ... ~,. ..'. .'~'.. .', ffe ~! ,... ./ qth QIIAATEB, 1980 f. r" j ~ 4 f i <K E11110P ~ JN k F~3'y„~(~~~jk'~IY,GtA AMfL f, • s.C r F 4+ ' ~%~PLNIECTAPL _ ~ ~VN~AA~~ i n•l ~ ~,! l ..{ 'd;'~a ] ~' ''j! ~) ' ` P~ r ~, 3, ~ _~ ..T , .: -~ ... . .-_ ._ _~ . _ : . . .. AA,\'CHC CUC.4h10NGA '.' . ,,-BliH[N'ESS PP.P.,iti ` Inland Empire Gears Up For Predicted Growth ` , r ': ':<~~~ , as Regional Population Center . . r. tF ~ AOUrded ^ongnlY by the Snn ~Ccuntfes wdl producea3296 nnnuat Southern Ca;!fcn:a-can l., ~ tn're more grocr^,^4:ost p; ed:c:nhle Bernar~Lro Mo~;rvilnc anG a,,;v:v,^.t ~Sro•+.K.tt rate In Polvers!de County as .p; . barometers ofgrevrh-Inr.d use, Ina N:.Keles and 0rarw,e AUnrA^s, available land becromes llmlted, 1' ~' hey:^Ing, pr,•pulauon,empb;nr.-:nt. thts rrKnn cc^prLSes s~.;ch rrle9 ar.d ha.r;:ng tuat3!n the ccastnl eounttes andtrnrus7»r4aL:or. sy~~rm^,-!rd:enx; rommuntt!es as GnG3t'IC, ftta:a:. ~ remntn outoCreach for malty apCalL:Je reapOn^J?.. '9ati BerrJL^d:RO, (:CMna%ivCrCO, Cnmll!es, and a4 pOtlCf Cat LS fora ' Wh,'~e ai; seuU:er::Call"crn;a R'narstd.:, Por.ncho CUCamc::Ka and "somewhat dispersed reKional dLStrt- ;y . cour~ les are pre;ec•~d to exper!enee the Chino Basin. but:an:' SLAG fareens!s ntt overall ~~ , ' elgnlGennt Fjc;vnh d'~ir!:'.u t;:er art Ppq:rcs deve:opx!b,'ythF ~ ~ 2.f~growth rnte for San Bernardino 7A yeru ~, tl'd:INard F. rr.p:r~,sn area So~uhern CNlfora:n P.asor,:nL!nn oC County, with most otthe Increase " ~~ defned as the mq;nr }>o.^.IOns oC Oovernmrntea(SCAG)forlts"SLAG-76 e:cpeoted LOOOCUr In the San ~ f`n San Berrard(ro and FLverslde Greva,h hbrec>•rt i'ol~cy;'trveai that ~BernardlnoVnlle$ ' ' Count!ea, m:r[nrec ns n rrg:cnnl the Inland F.mplra is oxpert~xi tc Cnd Employmentw population ratios' ~ '~~ grovn.hcen:srwh:ch vnll s[ahll!ze into fts mt;',ar F;ro•:,U: by theyear wvW In for the two counties, ssproected In ?~ ' a sel[sufflc!ent bash v: accommodate the San Bornard:noVa;iey and Chlro the SCAG report. ere shown ee ' ' population !nor ~uses,emple;,rr:~,ent ~ Bss!n locations.' lncress!ng, Lherebyereat(ngabeuer"` oppertun:t!es erd :m;.roved trnna- ~ SCAG noes the fow ofresidr;nts txiance of,pte with population than ;'~ pona:on.,/sfema. fromLnsA::ge:esa:dOrnr$a :,•t}.'~,..„,,;rfCenununion aeona)~~,~ ~~~z~.~~r~ ~.~ ,~~..~. _~.~.~~ nom. .... r. ...~- -. ~.~ ~... ....n ~.~rra.. ..- ~ra~... ..~.. r.~~..^Y~, ... z .. ,' q t: ::~i ' „~ i TtLS collaborative eftot2 betweer M~~'-TI312S1d 1'LIIlpll@ ', onBaL-tg PrRlects urderweymthls ~ 'f'- t ~,--~-. 'f.~t>.~v.ti ,. region includes aspecia!emphasLS ., :.the Clp7 ofOn[arfo andAmerlcan i exl5stodc,;•.^.^,:ls Should helPV~reduce .~on the echtevementoflong-ter:n,~s~~.r~NBtlonal Hausmg Corporation is ,~3 long distance commut.es,accurdSrtg ;~iob;°ettves vetch respsrt tea balanced':t;:+-presertjyundergoing nllllorreJLSlor1 wSLAG. ~ :pop•,lateen,houstng,andemFloY•.::,%.-'~ PhIDipsHrandtpeddlek,whichmm- ' The'.::5nn:zat:or, cfsome 5C,CW men:base. .`_: pleted the original Spec:nc plan and acrzs per cc::::ty :s p:%zeted Uy SCAG ~ -~ ~ ~ EIP,u involved to the current effort over the ne:tc20 years.Thls lsnC, 'ONT?,fi,IC-CP.EEfCS[-E '.: ~~~~to revise the site plan antl specific fbrmerty^.e;,.i:s,oranftegtroves,Calry ~SPECI-CpLAN - ~'.plantocreateaddltlonalschoolfacll- iard,'z".i: p: et:.^.s houstngandemplor- 171e le. gent res:dert:a; Fre;?CC ~. ': Sties, accommodatesr43hLOf-wey _ ment cen'ers.`o:•thap%ee.ed 72% proxsed and app;nved by the Ci!y~of .'foranew(yproposed freew$y Enter-' pop•.:ln_;,:cngat:, In San Pernsrdino -=Onc.:rlo,Ame:lesn Nnt:oaa; Housingchange, andw reflect modltlcacions Co•.:.^.tyand E~;G mcr=as°tn PWvers!de (brporat!or.'s Cree'rslde Sp=ci.".c .'to the phastrtg plan. '~:~'~ - County: Plan'rvolved annexec!cn oCS95r} ~.~ ~ ~ '. Ortgo!ng changes wlL'no~i at:'eci. As a:esu:: ofthese fcrecests by acre psrcelwthe CiiVJ L`l big^eh 1979. Ductal; density Ld the Creekatde .~ 1 lots: goer;: :; :ens andthe SOUth=rn In making use ofaS;,sc:".c P;;i^., the ~ Spec:Re plan Amerte:an National ~~;~ Cev::f_rn:s <ss:e:at:nn CfC-wern- ~ Ctt;,+was ab:e to recs:n eeraLn ~ HoustngCOrporat,!on pniecc Mansg?: mer.s,marl/'snd developers. and gusren:ees ofzontng and yet;=: mlc DernL=.Chtnlae(Treporta that con- ho::ebulida^s, ere acttve~e;.gegal ges;sr :lex:btitty in the d°•v°Iopmen: etructfon is expected wbs~atn on the Ln ava^:".yr o: development prc,'eCts process. Market:•esearch intormac;on tirstphase In October cf 198:). ~/','~:'4 w•h:ch ci;; reti:ce the phased growth concr:buwdmtt^.e deve:opmert of patter: .s ^.`:::e lnisnd E:npre. LhesFecli.e plan bypro^_".n'cher;(pes CO?.CNA ASSESSME.~T Di51R[Cr Phu::cs Brandt P.edd:ek. cur- ~ of housu:g nzeded,the probah;e As abasic respotvsewtmple- ! ren!~/a•.:vcr:'.onsnumtx~r ofcheae bgyer ptrouiatton, and rolatedsetvtce mentadon ofP:opositlon l3, Pormat:or pr~,'~ .r:'rr .-.•*.e. _res dom. ..w as. n-..ba h?sts^ ......, ot'h~Ce:•ara^ss=ssme.^.t D's^r!c..,. ct :::^7:. ::. - ... tLn~..::. _-. A.i~: f;e.zetzu a`.mu :~: tu.^.daver:ecy of basic uu'i:.:es, Cho Sc...^.e: r. Cailf^r^~3-^~a ~~Ny ~.,j~' abroad r;.x of hvust;.g nvnilsU:e -°-~ -Including sewer, wavrstorege end ~; awho:e. PS?:s :Deus on severe o.`ct:e to pc`~nntial b±iyers-notonliott an conveyance, arReria: roadways,a Duets',; basis, bctdurL-;g meremennal frez:'+t4y overerCSSmg and Inter- ~ ~•T develcp mencphe.=.ea tis a:,~tl, a.:ca:d-' eF.arge lmprovan:onus,and prtrilary r-_,. ing stPHR irrtne p;nect JL^ecmr undergt ~•und utu;ties (i.e., eleetriclty, ?' _'~- ..._ Sarwa Hauer. te:e'•/sior. caU:e,eu:.i hss been devel- -.~.=-~ oped or. an sFPmxvnately l,B00-acre s A~a _ • - ,-. ti~R ~-'a'M1b~~ ~ sire :n Co:nns PBR has cempleed ,. _ _jr SFa a :. ~ . ~'` ~ the Envtronmenta lmpscc »aWr4 . '.=.,,iF3" ~!--.,°: .•:e i} - ~!~ a _• ., .' ,: witri \este, Brudin anC Stone per- ~"~~~° •F~- ~ ~ ~ ~~ ~~` ~x ~ ~ ~~ form thee LueerL ~..-_, . ~,'~. _. .. itt6 n8 -tg pcrtlon of + . 1sYas.F. ~~ the Prglect. ,.. ,( eu ~ ~F• -7~'`~, ~ ` •~ ~~ ~a~ _~ ONT.4R10-Cc'7,EEKSIDE ~ e t-~.. t ~ SFF4 • SPO p. SfAB SFpr _ ... , 1 Scat if ~ 6rV a . ~ +.+w ~. ~ r $P 10 ',~ 9A4 ~ ~~ _>Y~- r ~ _ :,- rt - I~ ssna• z•~. ~~ ~ (~. ~;;.i. I ':. .. .......::..::. : ..: r . ;,s.. ;~. ~'~ Upon LmPlementauon the '.' `Y 1 ~ .,,f ~! 'r ~,,~,,,,,yy "t^.;~ E Corona ASSess:re.^.tGS~r twill serve ! ~t ( t r r' r '" s ./. ~ ~d'r,~~.frS ' ~ . i •~ ` abroad range oCuses, mc:utl:ng area.),' m lan halt tal . S ,r i .t~ ' ~ ' ! t s~ , t a ~ ~o ~ ~ bo corrure ~ ! NO ~9 ~` t ~ ;Tint' ' ~ '.. i'~ •'`., i ~ ' '!si shopping censer, ge.^.eral and of!ICC r °/ (one fcurth commer Girl) L d S e r ,i C t ~ ~' ::i ^ ~ ~, s 1 F •~~\ i ~ ' v ' '~ ' :" ,. i e - ~ ti ~ t ~ ~ i : the Wtal acreage) Fsrts, open space. ., r ~ y \ ~ r ; t , F { 4 ~ i'f recreation, and rghts o.`wgy t .~, "r v ~ ' + ' a.. t ~ ~• r ~ ~ for/mPmve-nents and Creecvaf •~., ii ': ~ ~ ~ r ' v `\ .' ~ , ~. construcucu. .. ~ . ,> ` r ,`i ~ `~' '~ . .~ , , ~ t" ~ AkeY factor ut ti:e success of ~ .:, v ` , ~'/ ,, ti;F t ~ r t ' '~ the CoronaPssessmen: Dlstr!ct - .a~xan ~;,a~~~,.~ , l i ) ~ formation sthe cooper at:'/e efCOn *'s wr~yess9mwc~ ( +t y a; made by the me:v F~ect sponsors ~. , ' ;! '.' ~ whose month;/meet:r$s accheClyyef _ ~ r.~',,,t,,,,, ' '~'~ Corona ere ccord,:.a;.ed bYCL'ystaCf ., ~. .,' - - .•~?t i;; •; ~ CORONA ASSESSM°NT DISTRICP :. MNCHO C'JCP ~".O\GA ~ ~ ~ ~ . ' (t BUSINESS PA.°K ~ ~~ ~!. tunltles In order eo reduce commu:.er' rasitlentis!unlts ofvartous product ~ ~ =? °t'i~ The P,anc.^,o Cucamonga oust- ~ ~trattlc. ~ ~ ~ ' 4ypes senv'stoned."An extensive ~ Hess Park, approvad L1 Aprti IB80,wlll Located m the qty's central area, market a~a',l'sls has resu,..ed Ina provide a mtal ot292 arses ded!catea Aancho Cucamonga has designated ~ responsive and excltLlg resideatlal fOprovldingabuam~ss/mdustr:ei the site location as scheme area, . ~program,'"noted John Abel of park with acrue muc ofdens!etes where a:I,ytAentL.cattonwill to readily Covington'IBchnologtes. (i. .:c. e.p y`t1 an .=e:a. B.;c:: ~.... ....: ._. Prs yrt..- ~~°: .. ~ ~ •malor mrpore.,e fx:Lt:es, affotdah;e excepetonelemphasswtll be placed ~ whlch willbe golf course andalake to tap-ef-w.=.-I:re urlts).The protect, on landseaFmg and ¢rchltectural focal poLZts of the new eommunty. . for•+rhsh pP.R has comF:erd the treatments. F'baslblltty studies are undenvgy to envvn^.^.=:'.;ti xna,;sis,sacol,abo- Investgate treatedwaterre-use fqr the raclcn be:^:=en DACN and the Barron CALIMESA-COL^,NG'fON ~ ~ laze and irrigation ofthe golf course ~. Corperat:on. TECHN`OiCGiES and open. space Landscaping. ', Tl::s parsed a:n~'ect LS aresponse PBP,ir.^se seur^entp/atwcrk Also propesad SnPetLement , to marl:csder,.ar~and suF/o~s on crorcepa:a'. plannutg ;-,ages of vtlisga, pl~nred tobeaslg•::tlcant the Southern CaiLC:.^.:a PSecc:at:cn a:,Z-0O-acre pr,'r:et to Ca!Lmesa for elsment ofthe communay t!tat ~~ of Ocvernment~pollcyotprov:Nng Covlrgton7bchnalcgtes.Amts!ar respondsm market demand mthis ' mereased local er.:pioyment oppcr- ptaztned communVyof some 3,OIX1 ereaoCF.iverslde County . Branch Oft`ice Opens at ~' `' La Jolla Location PhLl:ps Brandt FsKidlck LS to the Steppers added,"Extscmg and CamPrehensivePlannL~,Organlzn- proc~sso;bparlna,abrxnrho;Gcn em:rent prq;~sets vnth:n Ban Diego tlon(SanDiegosCOUncllofGovern- Inthe San G:^qo r"-Res^~ hoar>-d at d;c/1V:d n rl=2r need to p;nvida ouch menu), and served as the Program B9:A VG:n:x,JOL'n Drive, Sul'P.214tan afact:I.V.°ard noted that the 2,000- Mxnxger for the region'sWaterQualiry IaJO::athe facdlly vale be o, erntlrrxl sG::rt^e fc^,tr;f;ice wtk permttn more Mnnagament Planning Program. within .`curv:eeks.lti^, SCn,.hana, aggressive bns(aess development As curmntly planned the new PBR Ir/IneVlce Prr s:dent,xt»a program for the region. offlce'Mll be used ssaworktng and dlreatrg the oface pn=,^.xr xaons, Ms.Onll Schultz ?QaoLeod v.9il meeting space for PBB and clients ' tad:ra:M,"TTS Of9eevail rillow us work out cfthe LaJOl:nofBce. on an as-needed bases. COnvenlently b sorrra c!!ents+sn:pm;:cLS lvt~r Ms. Mru;I.r.'7d:s axperclsasto vrntcr loert,ed within one hour's driving wfthln the San Dlsga nrrn, as well es resou;res planning and manage- ~ ~ distance fromcentsal OrangeCounry, r toptovtde PBRStefCt~vereccesslblllyy meat and community planting. ,', . theotYtce sapproxlmately2D minutes ',k. to the t~q;en:' She was previously emplcyed by Lhe ttrom the downfovn Snn Diego area is O 4 W co z Z w £ O 6 U N U 4 S G V O 2 d' ~ 6 LL W O O T C F- U N 2 ~ U 6 W H Q O O U C Z L q O 4 1- u U O W J O K d L Z O O O O O O O O O O Ul O N O 10 M O O O O N 11f ^ ~ O OI O In U u'1 Ifl q +~- V M C W CO N t7 N ~ 3 N .- M O N N r p l(1 N O~ E O O O O O O O O O E O O C O O O O O O O q L m OJ 1P M M W O O ut L N O N M U OJ N N ~ O O O O O O O O O O Z O O O 10 O O O O O 1A ~ ~ 01 O I[t N O O O O VI r- C N p1 4lI 1(1 O O O N p1 Y Q M ~ ~ 1~ ~ O lfl N M q d ~ M lO r- m r- U ~ y.. O O O O O O O O O O O O ul O O O O O U O q m r N M N ~O ~ O O r d M O O 1L] N C M O ul ID O O O O 40 ~ ql rr r QI N M N 40 O O O N M n ~ q a d' M O O O O O M C O T (D (} M ul r t0 O p1 p O Ql b h R h w OI N N I[I ~ ~ W N pJ N N h a ~ m c q h h ~ l0 N O O O OI >~ 1~ b M N V O O O OJ q E O M N N i- OJ ~ m W N q h '- J N N O O h O O O O t+l Q F O O CO O O O 111 N h U Z ~ ~ O CC 1p ~ ~ O O M N 1p ~ ~ p1 h pJ 111 O O l^ d' N M y ^ N v1 N ^ p C 10 0 U W O O h O O O v1 Ln N O 4p W 10 O U h N Z O M t0 O O M C'3 m M ^ O O d' W N V O O 1n O O O O V 1n y F ~ N O 1() (T 1n O O 1A h ~ n=i O 111 O M vl 1~ l0 V1 n OJ CO n 1~ M ? 10 h N h m 111 M ~ ~ m Vl M 10 1~ m N N lp C W O 40 ^ '- 10 Y q N m n 111 O O t0 h O O 10 1t) L O h 4n m m m O o h q N M M ^ C1 N h N m h r- V 1.C.1 O O 411 Ql 10 O O O O (p .. Z O O 1~ 1tf h O O O O O C ~ 01 111 N h M O O O O O '> a M ro 1n M o ro 1n rn 1n m o o 0 v 1n v 1n rn q d N O N M ^ \O W N q O M ^ O N h N I~ O O O O C 0 m N ^ ^ 4p O O O N 4 i M N O C M N C w w W T W N W O q q q f. P O 10 111 .-1 t0 O vl r h ti 4O N 1D U 1•~ N 1 I N ... Z ^ O 6 O V c 1 v c v v E o ~+ v 1/1 U L > q i Q q ~ V V U' F 1 VI C C O O q O O J O q L U v V O. q 4+ 9 L ~ ~ ~ O Y L Q >1 O > q d 0 U q q E q O L F C O N G1 U Y L d N 2' U X C C t C N = L N N U O W O VI L ¢ Y q £ L H N O C >1 fG N J pl N L W q V1 41 q C YI U F ; .C Ul N 4- O t O !-1 C N 6 ~ U L p W P 4 U 01 r-~ Y > q y d ~M 6 A °~ a c u W o a z ~ o ~ r r .. N M a 11) ao h m rn 0 W ~ F z 0 0 0 ¢ W co z a z w ~ 9 d c o w `¢ > u N ~ J V G ~C N vi O O S 6 U O Q2 L' N C d LL c LL O W O > 3 Y Qd' iJ H £ ~ U £ 1=/1 J C Q m Z ~a O Q r- u U W pJ a d 0 p I m 0 O m _ _ 0 a m H 0 0 m O O O O O O O O O O C r 1~ O O D\ O O O O N O Z O V O O M O O O O n N C9 m ~O M N O N O M O~ £ T 1~ ~O r N O N N M m J 4 1~ V ~O M N r ~O p+J N N O1 w o 0 0 0 0 0 0 0 3 O O O O O~ O O O O N ~ ~ p ~ M V M O O O O '- U N 00 N N V ~ n O N N O O O O O n . ~- O n O~ N O O O O M ~~ W N (~ m N O O O N Q v p W N M N O O O N N M p~ C N O~ 1~ V R O N N N eT V M N N b N ~ C W N N O~ M O N N O O O O O L O N 1~ M Ol I~ O O O O N m N M N M T p O O O N ~ O M N C W 4- 4- T V y) W O . N N N . . r I ~ Ot 1. O_ N_ _ N ti N O N :J F O+ N b M N 2 Q _ d y VI C ~ J E a w ~ F U L > N L ~ N y V V O d N C C O N O O J O O1 L U y N 'O 4! N y ? q C QI y y C 4 N O ~ d V r0 E N O L ~ m C y UI L 8! U C L q y N! O U U Y p ~.- 6 /~ 2' X W C v1 p C 10 ~ N ' L L 6 V N.r- g t w+ y o c T m .n ~ f o m c w u F v u ~ w v n ° v c x y ~ v m u ~u . . > m ° y d •n d m '. ¢ wo a z cgo ~ r r .+ N M o N N n m m January 7, 1981 CITY OF RANCHO CUCAMONGA CITY COUNCIL MIMITES Regular Meeting L. CALL TO ORDER. The regular meeting of the City Council was held in [he Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga. on Wednesday, January 7, 1981. The meeting was called to order aC 7:02 p.m, by Hayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D. Mikels, Arthur H. Bridge, and Mayor Phillip D. Schlosser. Also present: City Manager, Lauren M. Wasserman, Assistant City Attorney, Robert Dougherty; Assistant City Manager, Sim Robinson; Convnunity Development Director, Jack Lam; CS[y Planner, Barry Hogan; City Engineer, Lloyd Hubbs; Finance Director, Harry Empey; Conanunity Services Director, Bill Holley. Absent: Councilman Michael A. Palombe. Councilman Mikels stated he had received a phone call from Councilman Palombo stating that he had work commi [men[s and would not be able to make the meeting. Approval of Minutes: The minutes of December 3 and December 17, 1980 were submit [.d to Council for approval. Councilman Mikels said chat on page 7 of the December '1 minutes, [he motion for item 3C was made by Councilman Bridge, not himself. Motion: Moved by Mikels, seconded by Frost to approve [he amended minutes of December 3 and December 17, 1980. Motion carried 4-0-1. 2. ANNOUNCEMENTS. a. Financial Taek Force meeting, 7:00 p.m. on January I5, 1981 in the Lion's Park Co~mnunity Center. h. The Mayor requested that tonight's meeting adjourn [o an Executive Session to discuss pending litigation. c. Mayor Schlosser announced [hat everyone would be receiving a copy of the Executive Smmnary far [he General Plan this week in [he mail. d. City Manager Wasserman requested two additions [c the agenda under CL[y Manager's ScaEf Reports: SE. Sec a public hearing date of January 21, 1981 for Environmental Assessment and Zone Change No. 80-16 - Landmark. A zone change from A-1 (limited agricultural) to R-1 (single family residential) for 1.5 acres located on [he west side of Turn at Ironwood - APN 1077-~:1-58. SF. Award of the widening and improvement of Highland Avenue between Hermosa Avenue and Haven Avenue and Church Street between Archibald Avenue and gahai Avenue. e. Councilman Mikels announced thac at [he 8anbag Board which was held today Mayor No Lcomb was seated without any further confrontation. City Council Agenda January 7, 1981 Page 2 3. CONSENT CALENDAR. a. Approval of Warranes - Register No, e1-1-7 in the amount of $112.489.93 b. Request [o set public hearing date of January 21, 1981 for Zone Change No. 80-17 - Nubank. A request fora change of zone from A-P (adminis[rative-pro- fessional) [o R-3 (multi-family residential) for 6.4 acres generally located south of Base Line on [he west side of Hellman - APN 208-011-02, 07, and O4. c. Request to set public hearing date of February 4, 1981 for Environmental Assessment and Zone Change No. 80-14 - Roberts Croup. A change of zone from R-1-8,500 (single family residential) to R-3 (multiple family residential) for 7.3 acres located on the northwest corner of 19th Street and Hermosa - APN 202-17-010. d. Request approval Co purchase the IBM Copier III. The City Ss presently leasing the machine. Conversion [o purchase would bring a savings of $416.32 per munch. It is recoommeded that the City purchase the equipment by the installment plan of $401.90 per month for 60 months. Total cost of purchase would be $24,114.00. e. Refer Claim by David M. Sodman to the City Attorney for handling. f. Refer Claim by Susan Marie Chavez [c the City Attorney for handling. g. Acceptance of Map and Lien Agreement for Parcel Map No. 5441. It is reconanended that Council accept [he map and lien agreement for Parcel Map No. 5441 located on the souchwesc corner of Summit Avenue and East Avenue. Cwner: William J. Schultz. RESOLUTION N0. 81-1 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIPORNIA, APPROVING PARCEL HAP N0. 5441 AND LIEN AGREEMENT A8 SECURITY. h. Acceptance of Map, Bond, and Agreement for Parcel Map No. 5981. Recommend [hat Council accept map, bond, and agreemenC for Parcel Map 5981 located on the east side of Sapphire, south of Orchard Street. Owners: Orlon and Rage Walton. BESOLUTION N0. 81-2 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 5981, IMPROVEMENT AGREEMENT, ANO IMPROVEMENT SECURITY. i. Acceptance of Parcel Map No. 6316: It is recommended [hat Council accept Parcel Map No. 6316 located on the nor[hside of 8th Street, vest of Vineyard. RESOLUTION N0. 81-3 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6316. j. Release of Bond - Tract 9590: located on [he east aide of Archibald Avenue, north of Hillside. Owner: Terrax Corp. Parkway Landscaping Bond $29,400. City Council Minutes January 7, 1981 ^age 3 4. PUBLIC HEARINGS. 4A. SOLID WASTE DISPOSAL FRAI4CHISE. Mc. Wasserman requested that Che Item be continued Co Che January 21, 1981 City Council meeting because of the legal problems that have surfaced this week. Several from the audience spoke out asking what Co do with [he bills they have keen receiving. Mr. Dougherty said they could elect [o pay [he previous rate or pay the proposed new rate. Ed. Hamilton presented Council with three pictures which he cook of the condl Lion his [rash bins were left in after pick-up of [he [rash by Rancho Disposal. Shorty Guerra stated [hat according to the Agenda [his was fhe second reading. and [ha[ Council could not deviate from this. The City Attorney explained to Mr. Guerra that Council had [he power [o set [he procedure and to continue the item. Mrs. Hill voiced opposition to the race and the quality of service. Mayor Schlosser asked if anyone had anything new to add to the issue. Joe Duhe said he had read the new ordinance and felt it controlled the people, not the rubbish companies. .ir. M. C. Myers stated he had several bills and notices that his account had been turned over to a collection agency. He had never used the services. He asked what should he do. The City Attorney explained that Ordinance No. 117 was still on the books. However, the refuse companies did not accept the contract the way it was proposed by the City. It is the position of Che C1[y there is no contract in effect. It Ss [he position of the refuse companies there is a contract. He stated we are trying to iron out this problem before taking any further action of okficial nature and this is why staff was requesting tF.e item [0 6e continued so we can meet with the companies' attorneys. Mr. Myers asked what should he do with the bills in the meantime. Mr. Dougherty slated he would be more than happy to talk with him on Thursday or Friday iF he would call for an appointment. He could bring his bills and try to handle his individual problem. John Robinson wanted to know if there was anything in the ordinance regarding vacant property. The City Attorney said there were provisions for vacant property. He would have to notify the refuse company [fiat the properly was vacant. Jim Dennino wanted to know why there was no provision for those who did not have any trash. He said there were exemptions, but one had to save dump receip [s. He said he did not have this because he had no trash. Mayor Schloa aer said if he could prove he had no trash, [hen an exemption could be graneed. Mayor Schlosser said he did net want to hear individual prob lema; only things which were pertinent to the issue. Councilman Frost said that if there is not agreement between the City and the refuse companies, then the dispute is between [he residents and the refuse com- panies since the Ci[y has no authority to intervene. Therefore, he would question whether Che City Attorney should be providing legal services [o residents unless the City had the authority to intervene. As a represents[ lve of the Ci[y Sf he wanted to do this privately and not send the City a 6111 for it, then Council would nor. mind [hat. Mayor Schlosser se[ January 21, 1981 far the Con[£nuance of the item. City Council Minutes January 7, 1981 Page 4 4B. HISTORIC PRESERVATION COMIISS ION RECOMMENDATION FOR DESIGNATIONS FOR HISTORICAL LANDMARKS. City Clerk Wasserman read ciCle of Ordinance No. 128. ORDINANCE N0. 128 (second reading) AN ORDINANCE OF THE CITY COWCTL OF THE CITY OF RANCHO COCAMONGA, CALIFORNIA, RECOGNIZING THE ETIWANDA RAILWAY STATION, THE EMERY HOUSE, AND THE ETIWANDA CONGREGATIONAL CHURCH AS SIGNIFICANT HISTORIC FEATURES OF THE CITY AND THEREFORE DESIGNATING EACH AS A CITY HISTORIC LANDMARK. Motion: Moved by Mikels, seconded 6y Frost [o waive further reading of Ordinance No. 128. Motion carried unanimously 4-0. (Palombo was absent). rG;.or Schlosser opened the meeting for public hearing. Maxine S[rane stated [ha[ they were very Around [o receive [he historical landmark designation. Motion: Moved by Mikels, seconded by Bridge to approve Ordinance No. 128. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo. 4C. HISTORIC PRESERVATION COMMISSION RECOMMENDATION FOR DESIGNATIONS FOR HISTORICAL POINTS OF LNTF.REST. City Clerk Wasserman read title of Ordinance No. 129. ORDINANCE N0. 129 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE AGGAZZOTTI VINERY, SCHOLWALTER GROVE ARCHEO- LOGICAL SITE, AND THE GEORGE AND JESSIE JOHNSTON HOME AS SIGNIFICANT HISTORIC FEATNRES OF THE CITY AND THEREFORE DESIGNATING EACH AS A POINT OF HISTORIC INTEREST. Moc ion: Moved by Mikels, seconded by Frost to waive further reading of Ordinance No. 129. Motion carried 4-0-1 (Palombo absent). Mayor Schlosser opened the meeting for public hearing. There being no response from the public, the mayor closed [he public hearing. Motion: Moved by Fros [, seconded by Mikels to approve Ordinance No. 129. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombo. 4D. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT N0. BO-02 - LESNEY. A change of zone from R-1-3 (single family residential) to P.D. (planned development) for 10 acres located on ehe northwest corner of Hermosa Avenue and Base Line Avenue - APN 202-182-11. City Clerk Wasserman read title of Ordinance No. 130. ORDINANCE NO. 130 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-182-13 FROM R-1-8 TO P.D. LOCATED ON THE NORTHWEST CORNER OF HERMOSA AND BASE LINE. Motion: Moved by Mikels, seconded by Frost to waive further reading. Motion carried 4-0-1 (Palombo absent). City Council )Iinutes January 7, 1581 Page 5 ttayor Schlosser opened the meeting for public hearing. There being no response from the public, the public Bearing was closed. Councilman Frost stated that he still has noc seen the site plan nor the Planning Commission minutes, therefore, he waneed to continue the item. Motion: Moved by Frost, seconded by Mike is to continue Che pub Lic hearing to the January 21 meeting so Che Council coultl have comoLe to backup information be- fore making a Final decision. Motion carried by [he following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palombe. ~~• ~,,. .. ,.,..~, mmwni anu aunt GtlANGE NO 80-LS - LANDMARK A change of :one from A-1 (lima led agricultural) [o R-2 (multiple family residential) for 12 acres of land located west of Beryl south of Mignonette - APN 202-032-71. City Clerk Wasserman read title of Ordinance No. 131. ORDINANCE NO. 131 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL N0. 202-032-71 FROM A-1 TO R-2 LOCATED WEST OF BERYL ON THE SOUTH SIDE OF MIGNONETTE. Motion: Moved by Mikels, seconded by Frost Co waive further reading of Ordinance No. 131. Motion carried by the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT: Palomb o. Mayor Schlosser opened the meeting for public hearing. Addressing Council was Mrs. Helen Blanchard who opposed the zone change. There being no further response from the public, the mayor closed [he public hearing. Councilman Bridge said the Planning Commission has battled this one out; i[ was a diff iculC piece of property. He appreciated Mrs. Blanchard's position, but felt it was the best use for this specific piece of property. Motion; Moved by Bridge, seconded by Mikels [o approve Ordinance No. 131 and the zone change. Motion carried by the following voce: AYE5. Frost, Mikels, Bridge, and Schlosser. NOES: None. ABSENT; Palombo. Councilman Mikels expressed sympathy [o those who had expressed apposition to this zone change; he concurred that this was a difficult piece of properly, GF. VACATI09 OF CHESTNUT STREET. Item had been continued from the November 5, 1980 City Council meeting. Lloyd Huebs gave a brie; background to the item. Then Mayor Schlosser opened [he meeting for public hearing. Addressing Council were: 806 Wh i[e, owner of Parcel 2. Vic Cherback, 5820 Century Lane Jim Myers, 4949 Ramona Sim Powers, buyer of Parcel 3 After considerable debate between Mr. Cherback and the others, Councilman flridge scared chat the Council's main concern should be the piece of property -- do we want that po r[ton for a street? City Council Minutes January 7, 1981 Page 6 Cowic ilman Bridge also stated that there should be a simultaneous quick claim 6y Che County a[ the same time. notion: coved by grid ge, seconded by 211ke1s to approve she order for the vacacion by adopting Resolution No. 81-4, waive entire reading, and for Chis to be simultaneously quick claimed by Che County at [he same time. After further discussion between Mr. Cherbak and the others, Councilman Bridge said perhaps we should withdraw the motion until the parties are through their discussions and through legal counsel have quick claimed and decided what they want, then Council could hear the item at that time. Mr. Cherbak said he agreed that everyone was tired of hearing this item, but he felt Council should make a decision one way or the other. Councilman Frost said we needed some very specific directions from our Engineering Department as to recommendations for Euture roads along the northern boundaries before Council took any action. Mr. Hubbs said Chis section becomes very rocky and mountainous, in fact, Hermosa becomes a Sheer clif[ at the end of that street. Any development within the City boundaries would have [o contain specific ease- ments and access which would be done during the development review process. The County would likewise have to coordinate access and easements relating to any development. Mr. Cherbak said he has already quick claimed [o the City of Rancho Cucamonga a portion of the private easements, and he would be willing [o abandon utility easements. Hu[ he vas not willing to abandon all private easements. Councilman Frost said that Council had not discussed this issue a[ all. Mr. Cherbak agreed that this had nothing to do with the abandonment of Chestnut. Council stated it was really none of their concern whether there was an a5andon- ment of [he utility easements. That would have to be worked out with Mr. Che r6 ,:' Councilman Bridge said his previous motion stands to approve [he vacacion and for this to be simultaneously quick claimed by the County and to add the Council accepts [he quick claim of the road easements. Councilman Mikels concurred with the addition to the motion. Motion was approved 6y the following voce: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: None. A85ENT: Palombo. City Clerk Wasserman read the title of Resolution No. 81-4. RESOLUTION N0. 81-4 A RESOLUTION OF THE CITY CODNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ORDERING TO BE VACATED A PORTION OF CHESTNUT STREET FROM HEAMOSA AVENUE TO 1320 FEET NEST, AS SHOWN ON MAP N0. V-001 ON FILE IN THE OFFICE OF THE CITY CLERE OF THE CITY OF RANCHO COCAMONGA. Mr. Cherhak stated chat he wanted to quick claim the utility Basemen cs [o the City of Rancho Cucamonga once the Resolution was filed. Mayor Schlosser called a recess a[ 9:05 p.m. The meeting reconvened at 9:25 p.m. wi ch all members of the Council and staff present. City Council Minutes January 7, 1981 Page 7 4G. BUILDING REGULATIONS ORDINANCE. Item had been continued from Che December 1, 1980 city council meeting. Jerry Gran[ presented the staff report. Ciey CLe rk Iasserman read the title of Ordinance Yo. 122. ORDINANCE N0. 122 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNI- FORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. Motion: Moved 6y Bridge, seconded by Mikels [o waive further reading. Motion carried 6y the following vote: AYES: Frost, Mikels, Bridge, and Schlosser. NOES: `lone. ABSENT: Palombo. Mayor Schlosser opened the meeting for public hearing. Speaking were: Chief Bob Lee, Foothill Fire District. He recommended that the building regulations be adopted with a high fire resistant roofing materials. Ken Willis, Building Industry Association, said that the Industry has taken a position co support such laws in high Eire hazard areas in Los Angeles and Orange Counties. He said Ghat lower risk areas should be allowed alternate type materials. 8. M. Lewis, consultant far the Asphalt Roofing Association. Ronnie Tannaba~im, E[iwanda resident Tom Masters, representing [he Jack Masters Construction Company. Bruce Chi[iea. There being no further discussion from [he public, Mayor Schlosser closed Che public hearing. Motion: Moved by Bridge, seconded by Froat to require a Class "C" or better type roofing material throughout the community. Motion carried 4-0-1. Mr. Grant Chen passed out a completely revised Ordinance No. 122 with the necessary changes included. CS[y Clerk Wasserman read the title of Ordinance No. 122. ORDINANCE N0. 122 (new first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCfuMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFOPw3 BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANCEROllS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. Motion: Moved 6y Bridge, seconded by Frost to waive further reading and to sec .January 21, 1981 for second reading. Motton carried 4-0-1. (Palombo nbsen[). Councilman Frost asked the Citv Manager to pass along [o Marshall Julian of San 3.. rnardino the City Council's action. City Council Minutes January 7, 1981 Page B 4H. PROPOSED REVISED INTERIM ZONING ORDINANCE. Jack Lam presented [he staff report. Councilman Mikels stated [hat this should be the second reading of the ordinance since LC had been given anew first reading after changes had been made aC Che last meeting. Mr. Mikels said [hat the Action Agenda was acceptable notice for the items on page 31 Q1)(B) and page 36 (9)(C). On page 14, he suggested the sentence "The City Council 'may' approve, modify, or disapprove the zone change and Development Plan" be changed using [he word, "may" in place of the suggested word, "shall." Another minor change would be on page 39 of [he ordinance, secomi sentence From the end: "The Council may modify a reconunendation of the Planning Commission on a rezoning or change after requesting and considering a report of the Conanission on the modification." City Clerk Wasserman read the title of Ordinance No. 123. ORDINANCE NO. 123 (second reading) AN ORDINANCE OF THE CITY COIRICIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OF THE INTERIM ZONING ORDINANCE. Motion: Moved by Mikels, seconded by Frost to waive further reading. Motion carried 4-0-1 (Palombo absent). Mayor Schlosser opened the meeting for public hearing. Addressing Council was: Bruc Chitiea wanted to know what the criteria was far determining [he number of horses on lots of 20,000 square feet. .lack Lam said St is determined on the actual lot size. This £s how it is stipulated in [he County Code, and we are not recommending any changea to that. There being no Further public comments, Mayor Schlosser closed the pu611c hearing. Councilman Frost said he wanted to hear the Planning Commission's thoughts on [he changed under the Director Review section. Councilman Bridge seated that he felt this procedure should not be changed row. Mo [ion: Moved by Bridge, seconded by Frost to leave the DSrettor Review section as proposed by the staff and direct staff to cake the matter to the Planning Commission to make a recommendation to Council. Under [he Planned Development section the density be increased as before, and tonight there will be a new first reading incorporating these changes. Also, every Friday there should be a report as to wha[-proj acts will be reviewed. Motion carried by the following vote: AYES: Frost, Bridge, and Schlosser. NOES: Mikels. ABSENT: Palombo. City Clerk Wasserman read the title of Ordinance No. l23 far a new fits[ reading ORDINANCE NO. 123 (new first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OF THE INTERIM ZONING ORllINANCE. Motion: Moved by Bridge, seconded by Frost to waive further reading. Motion carried unanimously 4-0-1. (Palombo abaent) Mayor Schlosser sec .lanuary 21, 1981 for second read tng. City Council Minutes January 7, 1981 Page 9 4I. PROPOSED REVISED SUBDIVISION ORDINANCE. Staff report presented by Sack Lam. City Clerk Wasserman read title of Ordinance No. '_8-B. ORDINANCE NO. 28-8 (firs[ reading) A.N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CAL IFOft.N LA, APPROVING A.MENO- MENT "B" OF ORDINANCE N0. 28 TO BRING THE ERISTINC CITY ORDINANCE INTO COMPLIANCE WIIH THE LATEST ADOPTED STATE MAP ACT. Notion: Moved by Frost, seconded by Bridge Co waive further reading. Motion carried 4-0-1 (Palombo absent). Mayor Schlosser opened the meeting for public hearing. There being no response, he closed [he public hearing. There being no further response from Council, Che Mayor set January 21, 1981 for second reading. 5. CITY MANAGER'S STAFF REPORTS. SA. AGREEMENT FOR ENGINEERING SERVICES FOR EDA GRANT APPLICATION. Staff report by Lloyd hubby. Since the contract was with L. D. King Engineering, Councilman Frost's employer, he excused himself from the Council table during the discussion of this issue. An agreement for engineering services with L. D. King to orepare gran[ applications, envizonmen cal assessment and employment justification for Industrial Storm Drain Sd" was before Council for approval. Motion: Moved by Mikels, seconded by Bridge to authorize [he Mayor to sign [he agreer..ent with L, D, King and authorize $14,000 from the storm drain fees to proceed with the project. Motion carried 3-1-1 (Frost absent, Palombo abaene). Staff report 6y Councilman Frost expressed concern about the access [o the proposed bridge. He said its no[ going [o do us any good to spend $5,000 in a design if the public cannot legally use the facility when its boil[. He felt access should proceed expenditure of design funds. Mr. Hobbs said both needed to be interwined because the Demens Cteek is going co construction shortly and preliminary indications show we need to coordinate some of the abutment design features need t0 be incorporated a:.ong with the channel, We can work on easement issues concurrently. He said if the r_ appeared to be serious problems with access, then we could discontinue the last portion of the design. Motion: Moved by 8r idge, seconded by Mikels Go authorize the Mayor to sign the agreement and to authorize expenditures of $6,100 Eton the storm drain fees and Si,000 Erom the systems development fees. Motion carried 4-0-1 (Palombo absent). i C__STOR`f PRF.P:IREDNESS REPORT, An oral report on the status of storm repairs :md storm one rational procedures. ilecause of the lateness of the hour, Council decided to defer this item [o the .lams., rv ~Lst City Council agenda, and to put item near the beginning of [he agenda so the public could henefit from the report. City Council Minutes January 7, 1981 Page 10 SD. REQUEST FOR APPROVAL OF ENGINEERING TECHNICIAN (TRAINEE) POSITION. Staff report by Lloyd Hubbs. Request was from [he Ci[y Traffic Analyst to retain one permanent Engineering Traffic Technician to function full-time in the traffic section of the Engineering Department. Motion: Moved by Mikels, seconded by Bridge [o approve the request for hiring a Eull-fine Engineering Technician Trainee. Motion carried 4-0-1 (Palombo absent). SE. SET PUELIC HEARIHG DATE FOR ZONE CHe4NGE N0. 80-1fi - LANDMARK, FOR JANUARY 21, 1981. (An added item). A Zone Change from A-1 (limited agricultural) to R-1 (Single family residential) for 1.65 acres located on the west side of Turner Avenue at Ironwood Street - APN 1077-041-58. Motion: Moved by Frost, seconded by Mikels to approve the public hearing for Landmark to be heard on January 21, 1981. Motion carried 4-0-1 (Palombo absent). 6F. A`eAAD OF CONTRACT. (added item). Staff repott by Lloyd Nubbs. I[ was reconanended [hat Council award the bid for the widening and improvement of Highland Avenue between Hermosa Avenue and Haven Avenue and Church Street between Archibald Avenue and Kahai Avenue to Fontana Paving, Inc. They were the lowest bidder at $81,954.08 plus a lOX contingency. Motion: Moved by Bridge, seconded by Mikels eo authorize the mayor [o sign the agreements awarding the contract to Fontana Paving for the Highland and Church Bcreets Improvement Project for $81,954.08 plus a contingency of 10X. Motion carried 4-0-1 (Palombo absent). 6. CITY ATTORNEY'S REPORTS. Assistant City A[[orney, Bob Dougherty reporCed [hat an appleate court upheld the City of Oxnard's school fee ordinance which required developers to pay fees ae a condition of development. In settling the case, the court indicated that the fees for schools are no[ subject to the 2/3 vote requirement established by Proposition 13. 7. ADJOURNMENT. Motion: Moved by Frost, seconded by Mikels, [o adjourn to an executive seas ion noc co reconvene. Motion carried unanimously. The meeting adjourned at 12:35 a.m. -' ,R/espectfully ~ubmitlt~ed, LC/ V n.ll -i. Cif.,(,. v l Beverly Au[hele[ Depu.y City Clerk