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1981/01/21 - Agenda Packet
C' CCCn.lq~h, ~ C7TY OF ~ . '~ ~ IfANQ 10 CIJC'A[v10I~IGA ~ LL ' CITY COiJNCIL Z AGENII~ U > 1977 January 2/, 1981 All items submitted fcr the City Council agenda must be in writing. The dead- line for submitting items is 5:00 p.m, on Thursday prior to the First and third Wednesday of each nnnth. The City Clerk's office receives all such items. 1. CAi.L TO ORDER A. Flag Salute B. Roll Call: Frost-, Mikels_, PalomboJ_ Bridge-, and Schlosser C. Approval of Minutes: December 11, 1980 Assessment Dis[. Study Session 2. ANNOUNCEMENTS a. Monday, January 26, 1981, General Plan Puhlic Hearing, 7:00 p.m. at tiie Etiwanda Intermediate School, 6925 Etiwanda. • ::..review Ceneral Plan Policies for Etiwanda Planning area. ..recommendations on community design/energy conservation elemer,[. h. Wednesday, January 28, 1981, Planning Commission, 7:00 p.m., Lions Park Community Center. c. Monday, February 2, 1981, General Plan Public Hearing, 7:00 p. m., Lions Park Community Center. .....recommendations on Land use for Etiwanda Planning Area .....Review park and recreation element policies .....review general plan policies for Planned Conmuni ties Planning Area 3. CONSENT CALENDAP. The following Consent Calendar items are expected to be routine and non-con- troversi.al. They will be acted upon by the Council at one time without discussion. a. Approval of Warrants - Register No. 81-1-21 in the amount of 1 $ 623,184.01 le Lion of Certain Res [riction L'onstruction in Tract No. 9589. The 4 tact which is in Red Hill Country Club area, contains a note that prohibits conseruc [ion of structures on certain lots bordering Cucamonga Creek until such time as [he creek is improved. It is recommended that the Ci[y Council approve a resolution deleting Chat rescrlction from the map. r 1 U City Council Agenda -2- January 21, 1981 RESOLUTION N0. 81-5 S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAHONGA, CALIFORNIA DELETING CERTAIN RESTRICTIONS ON CONSTRUCTION IN TRACT N0. 9589 c. Approval for City Manager and interested Councilmembers Go attend 6 N nal League of Cities 1981 Congressional-City Conference, ebruea 28 to March 3, 1981 in Washington, D.C. d. Resolution Authorizing Deposit of Public Funds RESOLUTION N0. 81-7 _1_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING THE CITY TREASURER OF THE CITY OF RANCHO CUCAMONGA TO DEPOSIT CITY FUNDS IN THE MONTEREY PARR NATIONAL BANK. e. Authorization [o Solicit an Award for Construction of a q Wall at the Rancho Cucamonga Neighborhood Center to Provide Additional Storage Space. RECOMMEWATION: Authorize Community Servlces Department to solicit an award for construction of a wall at the Ranrho • Cucamonga Neighborhood Center [o provide a much needed additional storage area. f. Authorization to Pain[ Rancho Cucamonga Neighborhood Center 11 . RECOMMENDATION: Authorize awarding of contract to low bid firm, 7 Carness Paint Company, for painting of Rancho Cucamonga Neighbor- hood Center interior. Amount of contract not [o exceed $2,165 (if proposed wail is not cona[ructed). g. Accep [ante of Improvement Security and Agreement for Single Family Residence. :~ RECOMMENDATION: Recommend that Council accept the improvement security for single family residence located a[ the northeast corner of Red Hill Country Club Drive and Valle Vista. RESOLUTION N0. 81-8 is A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, APPROVING IlffROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR SINGLE FAMILY RESIDENCE LOCATED AT THE NORTHEAST CORNER OF RED HILL COUNTRY CLUB DRIVE AND VALLE VISTA. • City Council Agenda -3- January 21, 1981 • h. Acceptance of Bonds and A3reement for Director Review BO-06 2Z RECOAQ[ENDATION: Rec oamiend [he City Council accept bonds and agreements for Director Review 80-06, located on the north aide of 6th Street, west of Turner. Owner: Arnold D. Anderson AESOLllT10N N0. 81-9 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW N0. 80-06. i. Acceptance of Real Property Improvement Contract and Lien Agree- 30 ment far 6730 Hellman. RECOMHENDATION: Recommend [hat City Council accept real property improvement contract and lien agreement for 6730 Hellman and release passbook account in the amount of $2,750.00. Developer: Glen E. Franklin RESOLUTION N0. 81- 10 31 A RESOLUTION OF THE CITY COllNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM GLEN E. FRANKLIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. j. Request for time extension for parcel map waiver. 36 Request for extension of. off-site agreement by James Van Antwerp for Waivers of Parcel Map located on [he West side of Hellman Avenue, North of Banyan Street. k. Acceptance of Map, Bonds and Agreements for Parcel Map 6194 3g RECOPMENDATION: Reconmend [hat Council accept map, off-site improve- ments and maintenance agreement and security for retarding basin on Parcel Map 6194, located east of Haven and on the south side of 8th Street. RESOLUTION N0. 81- 11 40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCA.MONf.A, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6194, IPffROVEPIENT AGREEMENT, IMPROVEMENT SECURITY AND MAINTENANCE AGREEMENT. `J City Council Agenda -4- January 21, 1981 1. Acceptance of Parcel Map 6658 54 RECOMMENDATION: Recommend [ha[ City Council accept Parcel Map 6658 owned by llniversal Real Properties, Inc., located a[ [he northwest comer of San Bernardino Avenue and Etiwanda Avenue. RESOLUTION N0. 81-12 55 A RESOLUTION OF THE CITY CODNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING PARCEL MAP NUMBER 6658 m. Release of Honds: 57 Tract 9458 - located on southeast corner of Ivy Lane and Baseline Owner: Lebrett Homes, Inc. Performance Bond (Landscaping) $28,000 1 n. Alcoholic Beverage License Application for Herman S. Havagimyam 58 ~~' Nor-Arco, 9533 Fuuthill Blvd. ~ o. Refer Claim by Loretta Gronek [o City Attorney for handling 59 4. SPECIAL STORM PREPAREDNESS UPDATE ra eport by Monte Prescher 5. PUBLIC HEARINGS A. SOLID WASTE DISPOSAL FRANCHISE. A continued item. • / Y ORDINANCE 13'! (Second Reading) ~w~3'"~ ~ ,p},.ytiti~' ' 75 y-7' ( AN ORDINANCE OF THE CITY COUNCII. OF THE CITY FkC ~~~-j `j OF RANCHO CUCAMONGA, CALIFORNIA~REPEALING Ik ORDINANCE N0. 117 AND PROVIDING F'OR THE 'l~)rsI-1~ CONTROL, COLLECTION AND DISPOSAL OF REFUSE FCC B. ENVIRON:NF.NTAL ,\SSESSTIENT AND PLANNED DEVELOPMENT N0. 80-02 83 LESNF.Y. A change of zone Ernm R-1-5 (single family residential) to P.D. (planned development) for 10 acres located on [he nort h•,•est corner of Hermosa Avenue and 8a se line Avenue APN 202-182-13. ORUINANf,E 130 (Second Reading) 116 AN ORDINANCE OF THE CITY COUNCIL OF 'IHE CITY OF RANCHO -~ CUCANONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NllMBER ,Ft1'~1 • 202-182-13 FRON R-1-5 to P.D. LOCATEb ON THE NORTHWEST p,/.~p\1' CORNER OF HERMOSA AND BASELINE. {1 City Council Agenda -5- January 21, 1981 • C. BUILDING REGULATIONS ORDINANCE. y __ ~c ORDINANCE N0. 122 (Second Reading) ~{.. 117 ~• 1,~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ~11• RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE UNIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEPffiNT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND MAKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. D. PROPOSED REVISED INTERIM ZONING ORDINANCE ORDINANCE N0. 123 (Second Reading) Under Separate Cover AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMCNGA, CALIFORNIA, AMENDING THE RESI- °U \ DENTIAL, PARKING, PLANNED DEVELOPMENT, AND CU ADMINISTRATION SECTIONS OF THE INTERIM ZONING ORDINANCE. • E. PROPOSED REVISED SUBDIVISION ORDINANCE ORDINANCE N0. 28-B (Second Reading) Previously ~b Dist. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF y RANCHO CUCAMONCA, CALIFORNIA, APPROVING AMENDMENT G° ~~~ "B" OF ORDINANCE NO. 28 TO BRING THE EXISTING CITY U ORDINANCE INTO COMPLIANCE WITH THE LATEST ADOPTED STATE MAP ACT. F. ZONE CHANGE N0. 80-13 - NUBANK 149 A ZONE CHANGE from A-p (administrative professional) to R-3 (multi-family residential) for 6.4. acres generally located south of Baseline on Che West side of Hellman APN 208-011-02, 03, and 04. RECOPDIENDATION: The Planning Commission has recommended that the City Council approve Zone Change No. 80-17 for the above described proj ec[ through the adoption of [he attached Ordinance. Report by Barzy Hogan, City Planner ORDINANCE N0. 133 (First Reading) 190 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER \ BASELINE ON PHE WESTOS IDEOOFAHELLMAN AVENUETED SOUTH OF -Y~~ /, J J/ City Council Agenda -6- 7anuary 21, 1981 G. ZONE CHANGE N0. 80-16 - LANDMARK _200 . 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 (Related Item: TT 11577) - APN 1077-041-58. RECOMMENDATION: The Planning Commission has recommended [hat the City Council approve Zone Change No. 80-16 fot the above described project with Che adoption of the attached Ordinance. Staff Report by Barry Rogan ORDINM'CE N0. 134 (First Reading) 231 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077-041-58 FROM A-1 TO R-1 LOCATED ON THE WEST SIDE OF TURNER AVENUE AT IRONWOOD STREET H. AMENDMENT TO ORDINANCE 105, RELATING TO PARK DEDICATIONS IN 293 NEW SUBDIVISIONS, AND A SUPPORTING RESOLUTION TO THAT AMENDMENT. ORDINANCE N0. 105-B (Firs[ Reading) 295 / / ' qq H t/ l' AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA AMENDING l~, .7~ ORDINANCE ND. 105 RESOLUTION N0. 81-13 236 • A RESOLUTION OF THE CITY COLRdCIL OF THE CITY OF f ~+~' RANCHO WCAMONCA, CALIFORNIA ESTABLISHING AVERAGE C~ /~ ' 6• CITY MANAGER STAfF REPORTS A. GENERAL PLAN HEARING DATES 237 RECOMMENDATION: Staff recommends that the City Council give staff direction as Co core meeting dates for City Council General Plan meetings in order that meeting rooms may be arranged. B. APPROVAL OF RESOLUTION TO SET THE NEARING DATE FOA ASSESSMENT 240 DISTRICT 79_1 ~ eporc y oy u s RECOPDIENDATION: Recommend that Council adopt Resolutions approving the boundary, preliminary report, setting a public hearing date of March 4, 1981 and appointing the City Engineer to perform [he role of Superintendent of Streets. FAIR MARKET VALUE OF PARKLAND PER ACRE AND ACREAr,E COST PER ACRE TO DEVELOP PARKLAND IN RANCHO CUCAMONGA • ;. City Council Agenda -7- January 21, 1981 • RESOLUTION N0. 80-11.6 244 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION, AND EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN SNOWING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FCA CERTAIN COSTS AND EXPENSES OF SAID IMPROVEMENT. RESOLUTION N0. RO-117 246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~~~ OF RANCHO CUCAMONGA, CALIFORNIA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. RESOLUTION N0. 80-118 ?~~__ A RESOLUTION OF THE CITY COllNCIL OF TIffi CITY OF RANCHO CUCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID ItU'ROVEMENT. • RESOLUTION N0. 80-119 249 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .A~J~°~ RANCHO CUCAMONCA, CALIFORNIA, APPROVING THE REPORT V- \~ UNDER THE "SPECIAL ASSESSMENT INVESTIGATION, LIMI- TATION AND MAJORIT" PROTEST ACT OF 1931," AND FIXING A DATE OF HEARING THEREOF. C. RECOMMENDED ADOPTION OF SOLID WASTE MANAGEMENT MASTER PLAN REVISION 254 RECOtR7ENDATION: I[ is xecovuuended that the City Council approve Resolution 81-6 concurring wit F. the goals and objectives of the Solid Waste Management Master Plan Update RESOLUTION N0. 81-6 259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE ~v~~' n REVISED SAN BEANARDINO COUNTY SOLID WASTE MANAGE- /~ MENT MASTER PLAN. _ n~ ~,~. ~f ~ ,p~uk ~ ~ . i~~~~ v' City Council Agenda -8- January 21, 1981 D. AUTHORIZATION TO PllRCHABE AND INSTALL A "CODE-A-PHONE" 260 • SYSTEM AT CITY HALL TO AUGMENT THE PUBLIC INFORMATION SERVICE PROVIDED BY THE CITY. E. RECOPIlMENDED ADOPTION OF EMPLOYEE RULES AND REGULATIONS/PROPOSED MODIFICATIONS 263 This third and final volume known as the Employee Rules and Regulations contains the rules, procedures, and necessary forms to administer the "Comprehensive Personnel System". Staff Recommends incorporating the attached modifications into the proposed rules and adopting Resolution No.gl-14 implementing the rules and regulations. RESOLUTION N0. g1-14 266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING COMPREHENSIVE RllLES, REGULATIONS AND PROCEDURES GOVERNING THE DETAILS OF ADMINISTRATION OF THE CITY'S PEASON'NEL SYSTEM. 7. CITY ATTORNEY REPORTS 8. ADJOURNMENT • • CITY COUNCIL STUDY SESSION • ASSESSMENT DISTRICT DECEMBER 11, 1980 Call to Order: A special meetinq of the Lity Council was held in the Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Thursday, December I1, 1980, The meeting was called to order at 7:06 P.M. by Mayor Phillip Schlosser. Present: Councilmembe rs Schlosser, John Mikels, Jim Frost, Art Bridge. Paul Rougeau, Mac Brown, Walt Hamilton, Lloyd Hu bbs, Lauren Wasserman, and Jack Lam Absent: Councilman Mike Palombo Mayor Schlosser 6ri efly explained why this meeting was called and that i[ was going [o be a study session to familiarize [he Council with an assessment district. As a city grows,the re are certain problems that have to be taken care of, in this case, street and storm drain improvements in the industrial area. In order to finance these improvements an assessment district must he established. To explain that idea in greater detail, the Mayor introduced Mr. Paul Rougeau, Senior Civil Engineer with the Ci [y's Engineering D`vision. Mr. Rougeau presented [he City Council members to [he audience and also introduced Mr. Mac Brown, a consultant for the assessment disc [ric[, and Mr. Walt Hamilton, • an engineer for [he assessment district. He pointed out on a map [he proposed area for the assessment district, He explained that in order for development to occur in the area, a street network and storm drain network is badly needed because while large developers can go in and provide streets from major streets a[ the entrance of their property and possible build storm drains [o drain [heir property, smaller ones cannot. Mr. Rougeau stated [hat the storm drains network is essential in order to provide the necessary precautions and safequa rds for the proper drainage of each property and [o assure that one property does not cause severe runoff problems into adjacent Drope rty. With the legal situation being what it is, developers have to be wa [ched very carefully by public agencies. Mr. Rougeau also noted that street development will open up the region for development by providing access, although individual property owners may later be required to put in [he required sidewalks, curbs and gutters as development occurs. For the pas[ year, the industrial community of the City, through [he Chamber of Commerce Industr al Committee and the Li ty Engineer, have been working toward [he establishment of an assessment disc rict for streets and 5[o rm drains in the industrial area. In order for smaller developers to be able [o build and for even the largest developers to avoid being stymied by lack of easements across other property, S a Simi-public process is necessary [o open up the area. The proposed assessment district ai 11 provide the means to develop the area. I[ will spread [he cos[ City Council Study Session December I1, 1980 Page 2 over all the properties benefitting from the improvements and allow the cost • to be paid over a long period of time. Mr. Rougeau stated that [he details o' setting up a successful district for [his area would be explained in greater detail by Mr. Mac Brown and Mr. Walt Hamilton. He then introduced Mr. Mac Brown who i5 a consultant in setting up the assessment district in this area. Mr. Brown explained how an assessment district is developed and why an assessment district is needed for the industrial area. He Stated [ha[ the assessment district is a financing tool to allow Council to designate ce trail improvements within the boundaries of the area and levy costs against properties according [o the benefits received from [he improvements. He directed everyone's attention to the map and pointed out the tentative boundaries of the industriai specific area - Foothill Boulevard - Arrow Route, the Devote Freeway (Route 15), Fourth Street and Naven Avenue - Center Avenue. Mr. Brown explained that two public hearings must be held, preceded by two informational meetings on January 6 and 15 with area property owners, Ci[y staff and consultants: The first to explore generalities and to order modi- fications and amendment; and the second will involve more finite, detailed specifications, set public hearing for deb[ report, and for City Council to call for construction bids and selling of bonds. The debt report will he explained - description, cost estimates, spread of costs, against property - January 21, 1981. Mr. Brown mentioned [he 1915 Improvement Bond Act. The bonds would be a IS • years issue. A11 impaired delinquencies would be the City's res ponsi6ility-- keeping redemption current and for starting judicial foreclosure if necessary-- under 1913 procedures. He reminded Ci[y Council [hat sufficient notice (30 days) must be given before the Puhlic Hearing. Mr, Brown then introduced Mr. Walt Hamilton, consultant engineer far the assessment district. Mr. Hamilton explained [hat the proposal calls for a total expenditure of approximately $II million and includes a 5 separate system storm drain network encompassing 1,861 acres, costing $6,558,575• Street Improvements 2_l and divided - 6th St. from Haven Ave. to Rochester Ave., distance approximately 9050 feet. Milliken Ave.: from 4th St. to 7th St., distance approx. 3990 feet 2-land Undivided - Cleveland Ave., from approximately 600 fee[ North of [T h Street to approximately 600 fee[ South of 6th Street, distance approxi- mately 1930 Feet and 2 lanes approxima to ly 600 feet south of 6th Street to 7th Street, distance 1220 feet. II ~~w Rochester Avenue: from 4th Street to 6th Street, distance 2650 feet. • City Council Sb~dy Session December II, 1980 Page 3 Street improvements for undeveloped area will be $1,243,000, $3,671,000 for incidentals. Each property has been assessed for $4,600 per acre according - to storm drain ordinance. Mr. Rougeau commented [ha[ [he funds would be paid by bond issue. Mr. Hamilton showed [he difference between the bond payments. Mr. Mi kels asked about the di s[rihution of funds. Mr. Hamilton stated that lhey ' are determined by acre. Mr. Rougeau explained that in the Estimated Incidental Expenses (he presented a chart on [he wal i~, [he larger costs - Right of Way, estimates are high. About $1 million is needed "up front", [his would be supplied by private interests and Li ty contributions, but it will be reflected in bond issue. Mayor Schlosser stated there should be some input from [he audience. Richard Clayton, 6454 Garnet, Alta Loma - the boundaries set by L. D. King on October 8 were further west, it looks lik[ it's changed and now is eliminating the golf course. Mr. Hamilton -previously the 4th Street drain was included in the boundary, but [he City has elected not to include it in the five facilities. Nr. Frost - asked what affect on western boundary does 4th Street drain have? • Mr. Lauren Wasserman stated to Ci [y Council [ha[ they may move boundaries at [he public hearing. Mr. Mikels asked to see the assessment district map again, he questioned the wesce rn part south of [he golf sou rse area - is the drainage, any benefit to the property owners after installation - where does water drain now? Mr. Lloyd Hubbs answered that i[ drains south to Deer Creek through assessment district. Mr. Hamilton answered that [here will be engineers who will actually go into [he field and will check out all [he possibilities. Mr. Frost stated that the golf course should be included in the assessment district. Mr. Hubbs stated the drain into the district will include "North Town". That would be residential. It should be industrial area, [he original fhoug h[ was to he just industrial area not residential. Hal Hal lden a civil engineer from the audience stated [hat he has done assessment districts within [he state. He expressed his desire [o review the master plan - he could lift out areas that can benefit from drains proposed, he would like to talk about [he technical aspects. He would like to be invited !o any meetings. • Mr. Hamil'on expressed that the proposal is in the preliminary stage, engineers are still designing street and storm drains and boundaries, Li ty Council Study Session December I1, 1980 Page 4 Mr. Rougeau - The L. D. King storm drain study is available. • Mr. Maliden - would like to make suggestions and review with King and City staff. The Mayor thanked Mr . Hal lden for his concern and assistance. Mr. Rougeau stated the next item of work will he more information a[ the next regular Council meeting on Wednesday, December 17, 1980, at which time the Council will se[ a time fora public hearing where more public input will 6e taken and information provided. Before [he public hearing, there will 6e two property owners meetings on January 6 and 15. It should he possible [o answer everyone's questions. There will he more time for the public hearing meeting on the 21st of January. It may be possible [hat the public hearing may require more time and will be continued. Mr. Mikels asked if provisions for payment will be taken off assessment district when program is fully approved? Mr. Rougeau stated that a total of $54,000 in drainage fees already collected come out of the iota) assessment of $Il million. The individual fees paid will be deducted from each individual property. Doug Hone from [he audience Stated that 6y a request of the board of directors (Chamber of Commerce) Chey would like detailed drainage info rmacion to be made available to Chamber to analyze and take a position on, • - area benevi[ - drainage analysis, they would like to contact Paul a[ the office. Mr. Bridge commented [hat [he Chamber has been involved in the study of the assessment district. He recommended that staff give their full cooperation to the Chamber. Doug None [hen introduced Mr. Michael Jau ron rile new executive director of the Rancho Cu<anwnga Chamber of Commerce. Mr. Jeff Sceranka, Planning Commission, Lucas Land Co., asked about the expense, what does the Ci[y have to "Put Up", for right of way, why "Up Front"7 Mr. Brown commenced that the Ci [y could probably wait for hoods or get a 30 day loan -don'[ really have to have right of way. Mr. Frost asked if maybe the meeting could be moved to the 13th instead of the 15th? There is a conflict with another meeting he has - the Financial Task Force; can i[ be rescheduled? This is if the notices haven't been sent out. Mr. Rougeau stated that i[ will depend on room availablili[y. Property oomers outside the boundaries who would 6e interested in [he assessment distri cf hearing will 6e contacted by assessor's rolls ~ith help from the Chamber. • City Council Study Session December I1, 1980 Page 5 • Mr. Joe Di lorio, R.C. Land Co., from the audience asked if the City Council had any questions. Mr. Hubhs mentioned that this is a flexible process we don't wan[ to have Che same problems as Flood Control did. Public Hearing will 6e interesting and p rovowtive. Mayor Schlosser commented that they don't know what to say. Any time something is done it costs more money, whether or not it's an assessment district, we may need it before interest rates go higher. Mr. Di lorio gave his comments on [he assessment district area's road system that would he opening south of the [racks and Ghat there would he minimum imp rovemen [s on the south side of 6th S[reei - the list of areas of discussion that should be opened. He stated that we have a large assessment district, there is a bad money market right now and we should go forward with greater detail. He stated he thought it had been resolved how figures would be put together. He said he would work with Lloyd to make up a list on going to [he citizens and how to tell [hem about [he proposals and aske them what they think about i[--that's the purpose of the public hearing. Mr. Sce ran ka said that this project should be identified as being worked on for quite awhile. That it just wasn't though[ up overnight. The proyram has been • worked on for over a year. Mr. Henry Peal from the audience asked who [he people were who had just spoken. Mr. Sceran ka, Mr. Di lorio, Mr. Rougeau, Mr. Hubbs and [he Mayor identified t he:msel ves. Mr. Di <k Ortwein from the audience asked about the expenses on engineering, how was that going to be funded? How about the money [hat the Lity has to put out, that is a large concern. The money will come from private and public funds in [he interest of [he City. Mr. Bill Kirkland asked do we have a problem area or is this entire area a p robleml Mr. Rougeau said that some areas have streets. Some north areas cause problems for the other areas because the north area drains to other areas. Mr. Kirkland commented that south of 8th Street he has seen it when it rains and he doesn't think that [here is a problem such as 4th Street. Mr. Rougeau commented that 4U~ Street's problem comes from his area (8th St.). Mr. Rougeau Chan pointed [o the map and showed what areas have problems, in increased run-off areas, property owner is responsible. City Louncil Study Session December I1, 1980 Page 6 Mr. Frost had questions on Deer Creek and Day Creek - that is a natural plan. • He asked Mr. Rougeau [o point out on the map Milliken which is the half-way point. Oeer Creek ends up at Cucamonga Creek which is almost complete; Day Creek is not developed. Mr. Dick Schmid from Williamson E Schmid commented that the Cucamonga County Water District chose no[ to be included in the assessment district (by a board of directors meeting they had). Water an% sewer agreements will be between developers and district. Mr. Rougeau asked if the re were any more questions and/or comments. There being no furCher business, the meeting was adjourned by Council members Frost and Mi kels aC 8:20 P.M. • • C P P85T CITY OF RANCHO CUCAHONGq M APR N VEN N V E N C O R N A N E 6599 KiSHEN, CHR iSTTNE 6725 LEAGUE OF CALIF CITIES 5140 [tL ANONPUNER SNEEPINGEL T EVLPMNT OEP E7IRE MENT S R VEHICLES RING SERV ATT HOUSE TRUSTEE IES YTION HEALT GAN E CAUSE SHEEP TNG SHEEPING K NAIL RANK x HERBERT cCU [P MENT RENTAL L IN E`: CULTURAL `OHM RASTEELALONG C AC ICAN ELECTRIC ROTECTION [ND R NURSERY INC w TRUCK BODIES ~.;a. e1LL -L eT. REVEP.LY ~ f,R APHIC SVSTEHS ENG IN EF.R IIJG GP CDHPANY 7x OL GA EN GIP+E ER IIJG rMHSL ETPAVEREG CRPN 'ELL. LOHELL °ON INff. US ROTORS RENTAL COLA BOTTLING f.0 T1JS PAN DYMAIJ MIKE ~.N BENMAR GINS SHERI ^OR N0. 7.575 ,!Or+Gn CO Nn TER Di ST IAN CUTIIC F.RT INC 4 IAKx AL6IN J ETRICH-POST CO HN S. ELLA 5T !:Rr EVELYN PEYx HARRY J "r. ~HPIiE f,0 OERT F.S000ERO INL RRY NORSE SEEO CO ERAI ~LECTR lLNC _M1 OA jE SCOUNT 1 L 1 1 1 1 L t NET 245.46 195.C0 5C9.24 2r635.OC 16.2C 7.054.43 1rO80.CC 1x422.00 4.314.52 Rx058.7C 48.CC 35.CC 29.30 180.CC 154.OC Ir 367.8A 2x533.24 13.SC lr 245.2C 13.Sp 276.56 3x478.66 1x168.75 1x423.75 100xOCD.OC 83r853.CC 1L4.CC- 1.287.91 57.Of 9x997.4] 545.7! 31.5( 25p.C( 153.0( lr?~47. p< 7x L`27. C( 45.0( 394.C° 9r 385.C6 142.31 23.0[ 3x144.75 9.CC P.C.50 54.CC 293.51 120.72 15.C0 434.33 35.CC 179x053.03 690.85 S P.7.50 235.C0 22.17 2x968.75 8.59 795.C0 250.00 5e.sc 3.00 54.04 150.40 83.CC 72x493.75 890.46 35x053. 7C 7x 599.14 4967 CITY OF RANCHO CUCAMONGA M 4RR C VEH N V E N A B R N A M E D5644 4600 GEN E4AL TELEPHONE CO Oi645 4610 GEV GE GO:V SUL TANTS 05646 4775 ~;R AVT JERRY R 05647 4785 GREE?I~ER G. V[BA 05648 4796 GUSMUE. 6ETTV 05649 4797 GVYS G GALS HORK TOGS 05650 4865 HOGA"Jr BARRY K 05651 4900 MOLL FYr NIL_I IAN L asa5a a9~5 t~i~tOAYHROCKPCOT INLA SH TURF SUPP VGpE . l D FIC (TIES R SON-HORN NAN INC [f OF ONTARI VEL SERVICE T ERNG CO H 05696 05697 05698 05699 05700 (,5701 a57nz 05703 05704 05705 OST06 05707 ^57Ga fi 5 709 ^'71~ 05717. C5T13 05714 0:715 ^5716 05717 05710 q33? SEA~SL R~EOULK~ENO RD RAN 6355 S[GN AL RAINTENANCE INC 8360 SL 'r.0.^,ENS• 6ETTY VDIC VEV G'OR N0. 8390 VO [C VENDOR ~NU. a390 A39C ti0UT 1lER `1 CALIF EO ISON 8391 .O CALIF EOISUN 939! SUUC ACI AfJO5L4PEGM GTCO 6478 SPECIALTY TYP'c HRI TER SV 649! STARK RAYMOND 8525 STAT [SN 6'25 CDRP N53C STOC~HELL C BTNNEV 9531 tiTRA1TON PI4!JO 6531 SULL (VAN. R 8537 SUIT7R. MARGARET 863`. TAULMAN D'JNALO 9760 TDRU PA~IFIC DIST4 [R 8799 TR ANSCR I9E4 7YP[ST INC 969`. TURV ERS INC 9020 CITY OF LPIAND 9L96 HALK ER. LOUISE 1 HARP NET BATE 19.40 4. 291.50 450.00 13.50 3.00 511.63 150.00 1sD.GG x7.04 100.37 4x95 it 4 Ir 5 9 3 2s 9 1.113.50 2.C99.h1 636.37 299.E5 3r 965. i0 143.00 320.00 203. P.2 33.21 35.OC l1C.CC 13.50 13.50 19.32 2G.la 6r000.CG 81.40 3.CC PA • • • a. •~ F.867 ClTV OF RAN LtiO LULAMONGA t ~ NET ' HARR M VEN N V E N O U R N A M E MARR DATE 1. 830.CC 05719 9265 HEST COAST AR 0ORiSTS 1/21/91 63.67 05720 9290 'HEST END UNITED MAV 1/21/81 12.CC ~• C572L 9365 :TEST FRN GOV RESEARCH AS 1/21/A1 56C.65 C5722 9390 HESTERN HIGHNAY PRODUCT 1/21/81 q~803.45 05723 9465 HHITE CD INC• R F 1/21/91 129.85 05724 9530 MINK eLMAN TROPHY. GEORG 1/21/AI 27.00 - 05725 9555 HOI FE. SUSAN 1/21/A1 C5726 VO IC FINAL TO TATS 1/21/91 ~ 13.50- 098SA 4787 GRESKA. BETTY 1/06/81 623.184.01 8 ,~ n LJ .p P .• 3• CfTY Of RANGE-IO CI,CAM0~1 sr~r x~roxT DATE: January 21, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer 1977 SUBJECT: Deletion of Certain Restriction Construction in Tract No. 9589 • 7 The subject tract which is located in the Red Hill Country Club area, was approved by the City Council on August 1, 1979. The map contains a note prohibiting cronstruction of structures on Lots 4, 5, 6 6 7 until such time as the Cucamonga Creek is improved. The Army Corps of Engineers has since provided a concrete lined channel and debris basin for the Cucamonga Creek, thereby eliminating any flood hazard on those lots that existed at the time of approval of the tract map. RECOMMENDATION It is recommended that City Council approve the attached resolu- tion deleting the note in the map and direct City Clerk to cause a certified copy of the resolution to be recorded with the County Recorder. Respectfully submitted, ~G ~~~~~~ LBH:SB:jaa Attachments Gv`CnS~Oh, ~o ~ ~~ V _~~~ ay o Vp a Fp ' ~ 2 v > ~. RESOLUTION N0. 81-5 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DELETING CERTAIN RESTRICTIONS ON CONSTRUCTION IN TRACT ND. 9589. WHEREAS, the City Council of the City of Rancho Cucamonga approved the Tract No. 9589 on August 1, 1979 with a note on the map prohibiting construction of any structure on certain lots until such time as the Cucamonga Creek is improved. WHEREAS, the Corps of Engineers, U. S. Department of the Army in cooperation with the San Bernardino County Flood Control District have since built a debris basin and improved the Cucamonga Creek with ~ ~,~p concrete lined channel, ~`~~"'-~- NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: The note on sheet 3 of Tract No. 9589 as recorded in book 149, pages 1 to 3 of maps, records of the San Bernardino County, State of California, providing "There shall be no structures constructed upon Lots 4, 5, 6, 8 7 until such a time as permanent channel debris retention facilities are provided for Cucamonga Creek" Ts hereby deleted from the said map. SECTION 2: The City Clerk of the City of Rancho Cucamonga s hall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this day of 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren F1. Wasserman, City Clerk ,~ ~~ ....,,, The nation's cities are counting on you. • ~7 AgnAentiil term o>bwtb Eel{ir.ed• AhedYm Ne CmRn»vW yedeb mnuRe ham home ad han Ml elfin'. tltY rcw CmRrt>e uab[utbAtt wwh Ywr kRkkWn WtwwM: pobknualethnutianigablmu,>MatY edle+RUe>in lain poremmmt artpwntsp •CmW tM uu Ntu.>emgw mwvriu nnut h'CmRrtmimrimrcenu. m ym mheip Nem puNetMde[.dww Jw dubriJ hotMr. prrcieWUly mor>p+Re will Ynpe NefederYmflumrtmAmerirtn rtvmae EOndr: alinevrc the iwrt (nryern. •Uel{II[YM tinut mYNOpl lbkllty INLC de.ekpad Nb kRnlntimY. Mow eonym help! •A>rurtdeaire ward bdmn limply odd your vmn to Nme o(elller.ily eM ovrc nhk kkruon holwhiinp oRi,iW u NLCa Cm{rtunul{itY C[m en,l opentiwu; krtme. • Cnrk vrbm mkeprire zoen; a TAe CanRrt»~ nJ~City Cmfmnw wN[A u nod T ~ , roll PatYminmu[M1 nth WuhinRlan. Ya'll duud govemment repuhtion wnM m.etthe WUhmRlonoTitlek who nRUWe meouraRebu>irwminve.tmmt ud Ne Neuyn. MUn uM wwNnR TrMVWn>^f rtWIMinFOfdi>4eod MighboNw,b: yau[dtY emploY>m. Yan'll M1eer hom-end • Apply fm1eW Mer,dvN b Wbtic W k brcF to-the legwlotw> who imdrle pemon plw: ed tb<«w.v tMtiduerveyu.nney>epedmR. • Neomborbethe ekmoirod weer Yw'll Rd wt why yw my nr my m be peMnm. >d muNarke. >d per ebk la fll pMboln, bmM mwert, ftRhe hrP+ rtdenl[n. N< fedeN MRhway ' rav[>tipn pmRnm. Ywll r poRr.m. find at ebou>-->M vRUe abov>NAe wry 9bidn Uex ~e leryhtlre b. the IedeW Roremmene oukn deeuiom wa, fimRrw wiR fru the mnub federal A Pdl<Y fa All Cielrt you ehmpht Overt Ymn. IvdRelyd theyee.Fjmud ofdlCtvlt dt~ NLC'r N>11wul Man;cipJ Policy geu iv lla oor fdrctl rtrenu<> nd YNnol rWUUhe CanlneiwWCitY L'oNertrce. New ConReem, eoingn Irrre pntlinR~ Sererel keY uNen praRnme rn 1Tb yeviY doeumme--»uumml ol~ly TAertb IpNinR mode ebnt ctY pmerm n rake. nradr od [quern. whlN pwder rM NI.C nwntthe>edoYr.ad Nertlnwhir,RUmpk City aRirlr etkdinR the fonRnn rtdinibwMmbehW,Neilk>-ie wnl~ rboutthe urMni.>ue>fxrnR Ne 91N Cm~ umol~City Conlennn will lRt deWld tm by every NLG memkrwM Ukn port peers SeveN grcm Nlepuktkn willpme brk(npmpkM impmbnt l<Rkkrire it in Ne pdLy mokpf pnne>e lMt tiepin twph aunumu (rc the members NCm~ uer a ro lh>t when tM1eY call on their wiN poky rmurun of the l:onRrtreknJ~ prta. manYafNem mw memben,utl the mnuM Rge.>enl>4rnml We Wld>y CiIY Cm&em[<. Tn help Hite NLC'>poh wen they mme up wN nll h [ruairl of Ne[oNemxe. theynn Ee iNamedrd icY. W yw bore b dv U rlkd Ne po4ry for cum. pemw.ne. Exh ntY oCxib will [any • n ~ ned>perh out. It taIlces every voice for the canes to be hearai in Washington. The nation's cities are counting on you. National league of Cities ~O . RESOLUTION NO. 81-7 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY DF RANCHO CUCAMONGA AUTHORIZING THE CITY TREASURER OF THE CITY OF RANCHD CUCAMONGA TO DEPOSIT CITY FUNDS IN THE MONTEREY PARK NATIONAL BANK. WHEREAS, the City Council of the City of Rancho Cucamonga deems it necessary to deposit city funds in banks and savings and loans and; WHEREAS, it is necessary to authorize [he City Treasurer [o deposit city funds from time to time; THEREFORE, BE IT RESOLVE- that any of the officers of this corporation named below are hereby authorized to deposit [he funds of [his corporation with Monterey Park National Bank and to accept from said Sank, as evidence thereof, its Time Certificates of Deposit therefor; and to determine and fix the amount of each such deposit; and co agree with said Bank for and on hehalf of this corporation, as to [he rate of in [eres t, if any, on said Certificates of Deposit and the maturity [hereof and to endorse said certificates on behalf of this corporation, which authority shall extend to any and all renewals of Certificates of Deposit. • RESOLVED, further chat any of the officers of this corporation named below are hereby authorized to deposit the funds of this corporation wich said Bank in [he form of a Time Deposit-open Account and to agree with said Bank as to the rate of interest, if any, and [he notice of withdrawal thereof. RESOLVED further that any one of the officers of this corporation named below are authorized to withdraw funds of this corporation from said account. HARRY EPffEY-FINANCIAL DIRECTOR TREASURER RESOLVED, fur [her, that notwithstanding the foregoing, any check, draft, or ocher instrument issued by said bank in payment of any Cer of ica ce of Deposit or any Time Deposit-Open Account may be endorsed in favor of any bank by any of the persons named above or by any ocher employee or agent of this corporation, either in writing or by stamp and either with or wl[hout [he designation of [he person so endo rs log. RESOLVED, further, that the authority conferred hereby shall extend and app Ly to any and all existing Certificates of Deposit issued by Bald Bank and now held by this corporation as well as all Certificates of Deposit he rcafter issued by said Bank, and that said authority shall renia in in force uncil written notice of the revocation [hereof by the City Council of [his corporation shall have been received by said Bank at the office thereof which shall have issued [he Certificates of Deposit • chop held by this corpora [Son. ~. Resolution No. Page 2 RESOLVED, fur [her [hat the authority conferred hereby shall • extend and apply to any and all existing Time Deposit-Open Accounts as well as all Time-Deposit-Open Accounts hereafter accepted by Monterey Park National Bank, and [hat said Bank shall have the right [o change the rate of interest or repay the deposit upon 30 days written notice to the undersigned. PASSED, APPROVED and ADOPTED this 21st day of January, 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • • C1TY OF RANCHO CUCAMONCA MEMORANDUM Date: January 13,'1981 To: Bi19 Holley; Community Services Director From: Bob Rizzo, Administrative Aide, Community Services Subject: Authorization to Solicit an Award for Construction of a Wall at the Rancho Cucamonga Neighborhood Center to Provide Additional Storage Space The need has arisen for additional storage space at the Rancho Cucamonga Neighborhood Center. This space is needed for heavy user activity materials, and recreational program equipment. This need can be fulfilled 6y the construction~of.a wall in the southerly portion of Room Number One (See Attachment), adding approximately 393.75 square feet to storage space. - Construction of this wall would cost no more than $2,000.00 and would 6e funded from the Recreation Capital Improvement budget activity. REC0~IMENOATION: Authorize Canmuni ty Services Department to solicit an award far construction of a wall at the Rancho Cucamonga Neighborhood Center to provide a much needed additional storage area. RAR:nm Attachment t+. f ~ g l9! ~ ~ ~ 1 ci ~ v S F is L ~ F ~ ~~~ ~ ~ o F ~ ~~~ ~ ~~~ ~ ~ ~ ~ .v 6 di 5` ~ ~ _ 3 ~s~y~=~ 32 ~~47~ ~ J a g.~~~ ~. ~. a~ ;, - ~ II~~ ~O~~a ~~~U _~ a LL ~~• CITY OF RANCHO CUCAMONCA MDMORANDUM Date: January 13,~~1~981 To: Bil] Holley,, Community Services Director From: Bob Rizzo, Administrative Aide, Community Services Subject: Painting of Rancho Cucamonga Neighborhood Center The interior of the Rancho Cucamonga Neighborhood Center is beginning to show the wear of its heavy usage over the past few years. It is felt a covering of paint at this time would restore the neat and attractive appearance of the building. R flat laytex was applied originally on most of the walls. This type of covering makes it very difficult to keep clean. For that reason, we plan to switch to an enamel gloss paint to allow the wall surfaces to be kept in a clean and attractive manner. . Bids for this project have been obtained from three local commercial painting firms. All three have State Contractor Licenses, however, one was expired (Bert Croy Painting). None had complaints on file at the Better Business Bureau. Also, each agreed to purchase a City Business License if awarded the contract. The quoted bids on the Rancho Cucamonga Neighborhood Center painting were as follows: ' A. Garness Painting Company $2,165.00 James Garness (Contact Person) 8. Lau Messina and Sans Painti rg $2,325.00 Lou Messina (Contact Person) C. Bert Croy Painting $2,467.00 James Croy (Contact Person) Note: If the proposed construction of a wall in Room Number One of the Center is accepted, the prices would increase to allow for that additional area. ' This project would be funded from our Building Maintenance Budget Activity. RECOMME,7DATION: Authorize awarding of contract to low bid firm, GaFness Painting Company, fnr painting of Rancho Cucamonga Neighborhood Center interior. Amount of contract not to exceed 52,165 (if proposed wall is not constructed). RAR :nm ~~ • CITY OF RAh'(',FIO C1,'GIM0NGA STAFF REPORT DATE: January 21, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Improvement Security and Agreement for Single Family Residence The subject single family residence is located at the northeast corner of Red Hill Country Club Drive and Valle Vista. Street improvements are to be constructed as a condition of the building permit. An agreement and improvement security in the $6,500.00 has been submitted by John C. Harness. The attached resolution is for acceptance of the agreement and security submitted by the developer. RECOMMENDATION It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the agreement and improvement security. Respectfully submitted, ~~G,~11~~/` ~~~ LBH:BK:jaa Attachmehts ~a. RESOLUTION N0. 81-8 A RESOLUi ION OF THE CITY COUNCIL OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, RPPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR SINGLE FAMILY RESIDENCE LOCATED AT THE NORTHEAST CORNER OF RED HILL COUNTRY CLUB DRIVE AND VALLE VISTA. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Agreement executed on January 5, 1981 by John C. Harness as developer, for the improvement of pu6l is right-of-way adjacent to the real property specifically described therein, and generally located at the Northeast corner of Red Hill Country Club Drive and Valle Vista., and; WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property located at Northeast corner of Red Hill Country Club Drive and Valle Vista. WHEREAS, said Improvement Agreement is secured and accompanied 6y good and sufficient improvement security, which is identified in said Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Agreement and said improvement security be and the same are hereby approved and the • Mayor is hereby authorized to sign said Improvement Agreement an behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, ADOPTED this 21st day of January, 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Lla sserman, City Clerk l3. q ~ u ,... p D : i_a .._i ~ -.- - , ~`M1 r % ^`~_ } - 9Fo ~,~~. ~ ( r i.! ~, . 45 u 46 i~~' I _;+•_ ._ . y_ 13 ~ ~~ k ~ )ti "° . JJ ': 'Y/<~ s ~'' 21 2a ~ .. y ~ o C ~ C a n. '~. m .cn m ~2~.m z Pte, :~ 0 ~ c ~G 52 ~ .. 1, \ . ,*v {' Y w C , 1. V V neaTH CITY (7F rrr•.~i: R~~1ivCI-IO CLG1~'IO\GA TITLE: eo„d 5 ~ ENGINEERING DIVISION EXfll131'r SG~LE~ ~~~ 100' 841, 1o Red u~ll G+ry. CI~b iy C lll' Ok' Fv1;:CHO fY'C,l'IU>'T.A 1:IPRD6'f`I F.NT ACRECIENT (Plano i;;g Carmis5 lun Ruso lu[imt ::o. ) • k2fOlJ ALL EIGN BY TIIE SE FR CS ENTS: 'That [his agreement is made and entered into, in cgnfomm~ce with the provisions of the Municipal Code and Regula- [ions of the City of Rancho Cucamonga, 5[n[a of Cal iCo rnia, a municipal tor- ' por at lO n, heTeinaf[eC ref er [Cd [O a5 Cho C1Cy, by and 6eC ween Said C1[y and John Harness here inaf [cr referred [o as the Develu per. , WITNESS EIII: SHAT', l.9(EfiGAS, pur suan[ to said Code, Developer has requested approval by [he City oE, Rancho Cucamonga in accordance w i[h the provisions of the report of the Commun iCy Development Director thereon, and any amendments Ch ere[o; located at [he Nort hea5[ corner of Red Hill Country Club Drive and Valle Vista. and, l.'HEREAS, the City has established certain requirements co be met by said developer prior Co gr an[ing the final approval of the development; and WFLEREAS, the execution of this agreement and posting of improvement security as hereinafter cited, and aDpr owed by the City Attorney, are deemed to be equivalent to prior completion of said requirements for the purpose of securing said approval; • NOW, THEREFORE, it is hereby agreed b}' and between the City and the Developer as follows: 1. The developer hereby agrees Go construct a[ developer's expense all improvements described on page 3 hereof within I year from Che date hereof. 2. The term of this agteemene shall he 1 year , commencing on the dace of execution hereof by the City. 1'h is agreement shall be in default on the day follc•.: in, the last da•: of the term. s[ipul azed, unless said term has been extended as here inaE[er provided. J. The Deve Lo per may request additional time in which to tom pl e[e [he provi- sions of Ghis ogre emen[, in writing not Less Chan four weeks prior [o Che default date, and including a scat emen[ of circurns [antes of necess itv Eor add it is nal [in:e. In co r.s id oration of such request, the City reserves the rig h[ to rev is w• cite provisions hereof, ittcl ud ing ca ns[ru [[ion standards, cost es[im ate, and sufN cien cy of [he improvement. security, and Go require adj us[menes Ch Cr e[o when warrmtted 6y substantial changes [herein. 4. If the Developer fails or rtegle ccs to comply with the provisions of [his aq CC rnenC, [ha Cit;: shall have [he Tight a[ any [imr. to cause said provi- sions to he cem p!e[ed 6y anv lawFnL means, and thereupon to recover Erom . said Ueveloper and/or his Su reCy [he full qqs[ and expense incurred in so doing. 5. Encrgachment pe rrii is shall ha nla pined by Che Uavelu pur Ernm the office of [he Citr+ Cng in rnr prior to start of an': work within [he puh lie rig he aE wny, and chc Jw;r lopcr :;h nLl conduct such uork in fu 1L conpl ion ce with the rrg^latlnn5 coot ainrd thrrn, tn. Non-cem pLinn re may result in stopping of chc work by the Cicy, and assess~gJtC oC chc penalties provided. 6. R:61ic n gh[ of way impcoeem rn[ work required shall be cons[ru c[ed in cunfn rmanee with approved im provemunt plans, S[andnrd Specifications, mid Sc and and Der: ings oral any sprcial a~ie ndaen[s [h ere[o. Con sCruc[ion shalt include any trans i[io ns and/or other inc id en[al work deemed nec essay y for drnina~e or public saf e[y. 7. Flork done within exist inq 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 alt cost and expense incurred from the Devei oDer and/or his contractor 6y any lawful means. 8. TI•,e Developer shalt 6e 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 Engineer and the owner of the water system. .~ 9. The Developer shall be responsible for removal of all loose ruck 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 Community Development Director. P . The improvement security to 6e furnished by the Developer to guarantee comple r. on of the terrns 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: IMPROVE^tENT SECURITY SUBPIITTED: Faithful Performance Bond __ Material and Lahor Bond Improvement Security Instrument E6 ,500.00 Itl WITNESS HEREOF, the parties hereto have caused these presents to he duly executed and acknowledged with all formalities required by la}v on the dates set forth opposite their signatures: BY:_ ^y,~ BY: t 1 WIT tlE55:`I CITY OF RANCHO CUCAI101iGA, CAl IFORtIIA a municipal corporation 6'! ATTEST: DATE: DEVELOPER : ~-5'`a~ DATE: GATE: TY CLERK • ~L. . I _ .. ,., .,.. •. cnssr;cr.Tro;l s:n :a;:D esrl^.;Tr. EiiC.^.OdCII:IF. ~T i'E3;" ; FF.F. SCIiF.DL'LF. ~' (d[[nch to °Insn ~?r.o is Copy") • DATi:; 12/19/90 FE"4IT ::o. Fi IC RC:crencC Tracc '+059. !nr Ii C.i[y Drnv ing iro.s COi1FUTED BY Ba r6a ra Krall `:UTC: Ones nu[ inr luJC cur cent fee fer wriCinr pCC~1C nr p,wement replace- menc depos t[s. CO`ISTRUCTIO)t COST CSTL`IATC • iTIII Mr,':'I'iTY I'?1 i'F t!>; L'; r;OST 5 A'!OI':;T n r.,..., I ~ r ~ r - , 285 n,l',C, ~'~~r', - F" f. c I'.. !'. 6.00 1710.00 \. C. 'i!n rinl L. b" Ilr, Vn ,\nl, l'nA Ch ~ $. E'. UD. ' P.t'.i'. flrras CuC[ar _ ~ S. F. Imm~rc~:d Fnh fln knee[ C-5'. f'rer•n rnr irn n: SubarndC S.E'. I", _•. a~•,.d Rn<. !m. rnrh rh'ck1 I ^ c. F. LtOn [onsl p,r. frier 'ft,~ \. r- !9!)0 to 13n0 co r,l I 'fUA IA. C. (nndnr 500 to 900 ronsl TO;1 .,. r. L,^dcr cnn mnvl 2 T!"! 50.00 180.00 !`.,t rh 1. C. (Cron. hl 5.F. I" l'hlck A. r., (Ner!:IC S. F. Anivsc Sewer C.. O. eo Crode I EA. Ad'~,nvc !:acct Pn lvrs [e frndC Ed. ' qtr^~[ li^h[< E,\. SrrcAt Si vns 1 f,\. ~ I S[YCgC '1'rn CS I E~~. o„-,,.. ~ I c c S 61 2. 0 Cacch 9a5in I 1 F.a. IS .00 Ic00. I I I I I 1 f prs•,r:r:n hlar.ls 1 !,.~ TOTAL CO;ISTRUCTiOA COST S80t.L0 ~7. N$FF.CT IOA 'r EF.S ITCiI IIId;1T iT'i ^SLl' IINiT C C c ';7T1 CU;lST RUCT ICi+ I: $P'iCTIO,~' - nf fr•i =Y nitci nn fncc ~ctir?. L: i..5, i..c, i..S. rnrl:,:f.::T I'nvl::ua:r ~:r:cl.nl,,',~r~•.l t.:'. STT..°_ I'.~ir"L\I. i7: "ifl'i'~-n!'-'?\Y v\. II i. TOT,V. L115 i'ECTTC:! FCE$ $ II. CO11pM1C?501: TEST EELS .$ II[. 10"'. CDI.T L':Ci;::C TCS $ S~'~- IV. DES (Ca fLi:$ (10i: u[ 'fo[ol Cons[ruc Lion Cusc Gse innc e) 5 TOYAL $ u •I F;i i[h h~l PecCn nnencc bond = $ 6400.00 Y.ae cr iaL ,m.l Labur UonJ $ Yd iu[ennncc 6nnd $ • C.~sil ;lununenc inp Ocpox is = $ ' RCH22C • 0 , City of Rancho Cucamonga, California, FoY the Project Known As • T::IG AG REEPSELIT, made and entered into this 5th day of lan tares 19 Sl by and be [weep fh:nn Vallav Rank , hereinafter "Lender", ,ylnhn anA Petri ria .? Harn e~S hereinafter Borrower' , and TiiE CITY' OF tL1t1CH0 CUCA;4ODI GA, CALIFORNIA, hereinafter "city", provides as follours: ' W I T N E S S E T H: WkiEREAG, Lender is a financial institution subject to regulation by the state or Federal government within the meaning of California Government Code Section 66499(a)(3); and, WT3EFEAS, From the proceeds of a loan from Lender to Borrower, Lender has on deoosit, for the account of Borrower, the s+un of $ 6.500.00 one-half (1/2) of which shall constitute and be referred to as "the performance fund" and the other one-half (1/2) ofwhich shall constitute and be referred to as the "payment fund"; and, WY.E PEAS, Borrower has entered into an Agreement, herein- after "the Agreement", with the City whereby Borrower agrees to install and complete c_rtain designated public improvements, • which said Agreement, dated 19_ and identified as referring to Project ~~lp6a_ tnr IS is hereby referred to and made a part hereof; NCF7, THEFWFOF~ , in co r.s ideration o£ the City giving final approval to the Froject known as tract 1059, Lot 15 and authoricing the recordation of any tract er parcel map pertaining thereto, Lender and Borrower agree: (1) The performance fund is secu^ `_p oledyed to the City to insure that Borrower, its h_irs, successors, executors an3 administrators, shall in all things stand to and abida by, and will and truly keep and perform the covenants, condrtions and provisions of the Agreement and any alto:at- ion thereof made as therein provide3, on Borrower's part to be kept and performed at the tine and in the manner therein specified an3 in all res Deets according to its true and lawful meaninc, and to i -= that Bo:: o'der, its heirs, successors, e;:ecutmrs and,admir.istrators, shall indemnify and save harmless City, its officers, agents and employees as stipulated in the Agreement. (2) Lender shall disburse the performance fund to the City in such amounts as the City demands, promptly upon re- ' ceipt of written demands signed by the City Encineer of the City, and specifyiny therein that Borrower is in default is unc_•r the icy raement or this Ag remnent. (3) In the evont City corane r.ces legal action to re- cover all or any portion of the performance fund, then the City shall he entitled to recover, in addition to the amount of the performance fund, costs and reasonable expenses and Errs. inrl~tat~n .n.~.-,... ~t,i„ ~.. .. _.. ....r.. c.. .., rG (C) Lender and Borrower agree that the payment fund is security pledged for the payment of all contractors, sub- contractors, laborers, mate rialmen and other persons em- ployed in the performance of the Agreement and who are referred [o in Title 15 (com:~encing with Section 30¢2) of Part 4 of Division 3 of the Civil Code of the State of • . California for materials furnished or labor performed of any kind, or amounts due under the Onemployment Insurance Act ' with respect to such work or labor, and that Lender will pay the same in an amount not exceeding the payment fund, and in case suit is brought will pay, in addition to the payment fund, costs and reasonable expenses and fees, including reasonable attorney's fees. ~~. (5) This Ayreement and the payment fund shall inure to the benefit of any and all persons, companies and corpora- tions entitled to file claims under Title 15 (commencing with Section 3G62) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Agreement or against the payment fund. (6) No change, extension of time, alteration or addi- tion to the terms of the Agreement or to the work to be perfox-ned thereunder or the specifications accompanying the sam_ shall in anv wise affect this Agreement or Lender and Borrower's obligations hereunder, and ,they do hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. This Agreement shall become effective aeon acceptanc_ by the City and shall remain in full force • and eff_ct until such time as the City shall release the performance fund and payment fund as hereinafter provided. IN {JI Rti ESB {;'FiE REOF, Lender and Borrower have executed this Agreement on the day and year first above written. LEL:D=R: ~,~n VALCE7 SRN (N~~°) (T' tlej of ~ B O+VE R ~ ' i i i A • The G'ty of Rancho Cucamonga, California, hereby accepts the foregoing Improvement Security Instrument and agrees: (1) Upon final completion and acceptance of the re- quired work, and the performance of all acts specified in the Agreement, City will release any part of the performance fund not Claimed by the City in accordance with the above provisions, not needed as security deemed necessary by the City for any guarantee or warranty period or not needed as security for costs and reasonable expenses and fees of the City, including reasonable attorney's fees. t (2) Sir (6) months after the ccmpletion and acceptance of the required ao r}:, City will release the payment fund except such part thereof as equals the total of all claims on which an action has been Filed and notice thereof given in writing to the City Council of the City. CITY OF RANCHO CUCAAfONGA, a municipal corporation • • • BY: Mayor ATTSST: City Clerk ai QT]' ~F RANCI-10 Cl.'G1Iv1IX`~GA STAFF REPORT DATE: January 21, 1961 TO: City Council and City Manager FROM: Lloyd B. Hubb s, City Engineer SUBJECT: Acceptance of Bonds and Agreements for Director Review 80-06 Attached are bonds and agreements submitted by Robert D. Anderson for off-site improvements for Director Review 80-06 in the follow- ing amounts: Faithful Performance $20,000.00 Labor and Material $10,000.00 • • Director Review 80-06, an industrial site located on the north side of 6th Street approximately 300 feet west of Turner, received approval From the Planning Commission on March 26, 1980 for the development of four (4) light industrial buildings. RECOMMENDATION It is recommended that the City Council adopt the attached resolution and authorize the Mayor and City Clerk to sign and accept the attached agreement and security. Respectfully submitted, 1 LBFI: BIt: j as Attachments a2. v~~ i L s S~b~~ ~' v~ti~ n~°~~~ i ~~~" A ~-n. sa~.~.-r _ VC~Gt 6l~ ~~G~TICN 1"lA'~ G~~ N~r~ .. a a. RESOLUTION ND. 81-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF • RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR DIRECTOR REVIEW N0, 80-06. WHEREAS, the City Council of the City of Rancho Cucamonga, California, has for its consideration and Improvement Rgreement executed on December 17, 1980 by Arnold D. Anderson as developer, for the improvement of public right-of-way adjacent to the real property specif`,cally described therein, and generally located on the north side of 6th Street, west of Turner., and; WHEREAS, the installation of such improvements, described in said Improvement Agreement and subject to the terms thereof, is to be done in conjunction with the development of said real property as referred to Planning Commission, Director Review No. 80-06; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient improvement security, which is identified in said Improvement Agreement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Improvement Rgreement and said improvement security be and the same are hereby approved and the Playor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED, APPROVED, ADOPTED this 21st day of January, 1981. AYES: NOES: ABSENT: hillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk C~ aN. CITY OF RASCHO CUC A"TONGA IMPROVEtEt:T ACREEIEt:T • (Planning Cammi ssfon Resolucian No RNO{7 ALL AfEN DY Tf{ESE YRESElITS: That Ch is agreement is made and entered into, in mnforman ce with the provisions of the Municipal Code and Regula- tions of [he Ci[y of Rancho Cucamonga, State of California, a municipal cor- poracion, hereinafter referred to as [he City, by and 6e[ween said City and Sixth Street Industrial Park hereinafter referred to as the Developer. WITNESSETH: TtL1T, WHEREAS, pursuant to Said Code, Developer has requested approval by the City of, Rancho Cucamonga in accordance with the provisions eE the repo r[ o£ the Community Develapmenc Director thereon, and any amendmen cs thereto; located and, _ WHEREAS, [he City has established certain requirements to be met by said developer prior to granting [he final ap prwal of Che deve lopmen[; and . WHEREAS, the execution of [his 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 purpose of securing said approval; , NOIi, THEREFORE, it is hereby agreed by and between the Ciiy and the Developer as follows: 1. The developer hereby agrees [o construct at developer's expense all improvements described on page 3 hereof within 1 Year from the dace hereof. 2. 'Die term of this agreement shall be 1 year , commencing on the date of execution hereof by Che City. This agreement shall be in defaui[ on the day folloc:ing [he lase day of Che [er;n stlpul atad, unless said Corm has been extended as hereinafter provided. 3. The Developer may request additional time in which [o com pl e[e the previ- sions of [his agreement, in writing no[ less Chan four weeks prior Co the def au l[ date, and including a statemene of cir cums[an ces of necessity for additional time. Li cons id era[ion of such request, Che City reserves the rig he to review the provisions hereof, including construction standards, cost esc imate, and sufficiency of the improvement security, and [o require adjustments thereto when warranted 6y substantial changes therein. 4. IE [he Developer Eails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provi- sions to be com pLeted by any lawful means, and thereupon Co recover from said Developer and/or his Surely the full cos[ and expense incurred in so doing. ~S of the Cicy Engineer prior co star[ of any cork uich in the puhLic right of uay, and the developer shall conduce such cork in full cam pl lance with chc regulations contained [herein. Non-compliance may result in slopping of Che work by the Ci[y, and assessme nC of Che penalties provided. 6. Pu 51 is righC of vay inprovem en[ uorh, required shall be tons [ru cted in co niorclance with aDpr owed im provemenc plans, Sc and and Specifications, • mu! Standard Drawings and any special amendments [hereto, Con stzu coon shall include anv transitions and/or other incidental work deemed necessary for drainage ar public sn:.eCy. 7. .6 n'k J~~nc uich in exis[iry; streets shn ll bo diligently pu re;ucd to cnmplc- [ion; the City shall hove Che ri);ht to complete nm~ ,'Ind all work in the u vent o[ nnj us[ifial dolay in cangllc[ion, and to recover all cost and c::Imnse incurred Crom the Deve le per and/or his contrnc [or Uy any law Eul means. 8. Thu Uu vcloper shat 11 be responsible for replacemen[, re Location, or re- muvnl of any component of any irrig:u ion water system in conflict with the rcq aired uo rk [n [he sat is Eac Lion of the Ci [y Engineer and Che owner of Che va [cr system. 9. The Developer shall be respvnsiUle far remnvnl of all loose rock and other debris Erom the public right of may resulting from work done on the adja- ' ten[ properey or vi[hin said righC of way. l0. 'Che Developer shall plant and maintain parkway trees as directed by the Community DevelopmenC Directo c, ll. The impro veme nl security [o be furnished by Cite Developer to guarantee Completion of the terms of this agreement shall be suhj ect to Che approval of the City Attorney. The principal amount of said improvement security shall be not 18ss than [he amount Shown below: 1; IP RUVEaENT SECURITY SUD;IITTED: Faicltf ui Per Eormance Bond TYPE SURETY/AGENT PRINCIPAL AMOUNT blaCe vial and Labor Bond IN IJI TNESS HEREOF, [he pa [ties hereto have caused these presents Co be duly exec aced and acknowledged uich aLl Formalities required by law on [he daces se[ forth opposiCe their signatures: DEVELOPER 6Y: f Y ~ n // / ,.~j~>~U DATE: 6Y: t.-1~/~%~f~~i~,C{' "^~l~" ~i'~/~ mot' i/N~ DATE: /x- i' U WIT:7 E55: DATF. CITY OF R.V:C110 CUCAf10;CGA, CAh IFOR:I L1 a municipal corporation • .. _~ BY : - ..._~ '~ ~p . _ __ _........~ _ _. ~ . . ~~ - ~ lncluc etl LADOR AND tMTERI ILMEN 13OL'U tJi{EREdS, the City Council of the City of Rancho Cucamonga, State of California, and Sixth Street Industrial Park • (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated , 19 , and identified as pro- ject p n SO-06 is hereby referred to and made a part hereof; and, SCkiEREAS, under the terms of said agreement, principal i5 re- quired before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (cor,Tencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NCt4, T:tEREFORE, said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga 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 the sum of Ten thousand and onl ------------------------------------ ________________________________ Dollars 10.OOn_D- ) , or materi furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the • amount hezeinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred 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 the judgment therein rendered. It is hereby expressly stinulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Coda, so as to give a right of action to them or their assigns in any suit brought upon this hond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in ary manner affect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or ad- di tion. It: WIT;JES$ WfIE REOF, this instrument has been duly executed by the principal and surety above named, on December 19, 19 80 ~ Developers Snsurance Coiapany / ,/// i~~~ ~%~~~~~ /ii / ~:,% I ' h~mias Gary 'tcCa ttorne~ [n fact `_ Premium .00 Ff1I TfIFUL PERF024AD!CC DOMO F711S RETS, the City Council of the City of Rancho Cucamonga, State of California, and Sixth Street Industrial Park (hereinafter designated as "principal") have entered into an • agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated 19 , and identified as project _ , - is hereby referred to and made a part hereof; and, F:HEIiE1tS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. tJOW, THEREFORE, we the principal and Developers Insurance Lomoanv as surety, are held and firmly bound unto the City of Rancho Cucamonga (hereinafter called "City"), in the penal sum of _Ttaenty thousand and onl v------------ Dollars ( ) awful money of 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, jointJ.y and severally, firmly by these presents. The Condition of this obligation is such that if the above bounced principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, condi- tions and provisions in the said agreement and any alteration • thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein spec- ified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers , ag e, is and emplcyees, as therein stipulated, then this obligation shall becose null and void; othe raise, 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 ir~c Luded costs 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. The sur..ty hereby stipulates and agrees that no change, ex- 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 sa^e shall in anywise affect its obliges ti ons on this bond, and :.t does hereby waive notice of any such charm, e, extension of time, alters ticn or addition to the terms of the agreement or to the work or to the specifications, IN WITG ESS WFIE REOF, this instrument has been duly executed by the principal and surety above named, on pecemher 19 19 80 ~' • ~ Developers Insurance Company ~ ~ ~ ..r ~,,, ,..~, ~\, ThO "A G ~ ~ a8~ , ~ S t YV Flc~dll A";^r•-: i i~ .,, UI ..: r, l I,OS ALAMITOS. CA1.1 F'ORNIA 4 v IN N I N I v H) 1111 H' PH FSF.• LS tOm OEYf:L(YPE R$ INSURANCE COMPANY, a mrpnubnn, duly mµanv<J erq euahn ll..rrrl.I.raar.^owrxn eml'rrrmm imPm llome(IlHce nlht Cnynf Lu>glamrlm. ('alllnrnu. has maJ<. nmabmlydaml Pun,la,M1< Thomas Gary Mc Call •rprrmmu+Ha Jrrcr Aa IA<.r ' nnl Lm I rrl hnnnraabrn.l en. wlh lull prrxm and purhnruy A<rcbY <onlrrrtd m M mme. planand wnJ, In eae<w<, real nc4nou l<JP<anJ rldner+m 'ell n,rnJ.. rmd<rln4rn{., mcn(mumn ur alAer wnlren nlrb{alrona mrhe Wlyrt Ihtrtol +nJ m FInJ Ihrl nTnrulrrr,r Ihrr¢A. as fulh+ml urlh<aam<rnrm •>dspth Auntlt wemrPrmd by the PmIJ<nl.lnkJ wnh IAamryvam wvbrryhc Currrne4rrn +nJ JnL ,u o'aeA M rn ara reran, hvcM rahfyrnp and mnhrmrnP all rM1af IAr sap gllorneylaPrn-Faa may Jo m rA<prcw.et I hr.n ua ul.urnm<a nPO mJ pur uam to gr[¢I<IV, tearon 11 anJ l2afH uaa .•I Nor. h. Ipv, anJ new rr. Inll hr.v<avd Hen Y'Lr>ofDEV F,LOPERS INSV RANL'E COMPANVaJorrcdrrmA<nan b u.6'It ipr.,rnur,vrr.rne\mnrrrrn ul Ne.Wrnl Mnyam\enn.rrea. and MlorMpLa.FaaaMgtnu m• I IFrrrmt aN IAe('Irrvmrnrr rEr N,urJ,IM 14nNrnl+m Vrce lrrtud<m. anv 5¢rrla mM .ny Male port+r+rrcn +n lrrrra Jr Y,, IlmrrN err ..rc<rrrt lnr.er ul arlrup[f.IrrraM nn Ar Aall rrl lAr[nrto al on ro tareul<anJ J<I wrnlaM al/r,lnrrfcalo'<rAUwrrA Mr.rr rrJ+urh,.r nrr'ru~u.rm,wA.rrnp, am rrm°r wrr'u nr nlMr.rnun unlrphammlAe rum IMrrYOMarry of xq WlKn[maYrrmwtmcM1aumnn ~ro llnr,.ra rAeim.. ArrnJ. ' ,. Aerr Yum.rwl ltr r.\f \I''r r. rl IJ 1nr M1..rrJr rt n'n^nr`M[,rxn.emM.ur[r)oc wnlltnonlrPalrnnrnlAt nalYrtlM1treo(1NII rnlYM`nlAe[rrrrrnalrnn.Aa'n•r ' n.r ra'Mir,rJninr l'r, ~JCnr r rcl rc.rJmrrrram lna,urr ~+nJJYM1alrtxryand uakJ M•a[rJaMArM ' r`r l'rr.iJCn rrrl\ rl'r[•rJCn , Irc rte .elaftaln r J, Ar anv tie. ,ncJ Aa n,al.l'ur,n hr nJ n„nrarr,r,r aJr r'rlvul rlrrar~rxrrrrcnuNl,yMn^u^I;~r^mdaMarakJ.rlauarnr puutJb pJulva r rcrarrrnrrFm.i<ncrlMm<l lr unr+n r .Ire a r, a M1 °~~'~° mnercolaball Ae ralM aM prnUro a urAm rrJ nomnn-rmraar nr arrnr+nJ am .uaA ' [ r rn ate nr a/<Mr runwM lu aM VnMn IAt Amnr of lM aurAmrlY {r nl<J AY Mr o Ir Amrrun.Arn r(uh caeeurcJ arrJ rcakJ,J a 1 hn P`•xn nl .nlrnu<r n aure,i +nJ a<a1rJ ando and A}'rhe aufhnnb oflhe followinP ResoluHOn adopted by the Hoard nl I)ve<Inn ^.I DF,V i\SIR.\\(F.('O)iPr\?1'+LrmaunPJUly rall<tl anJ hdJ pn lM1e Hlh dayoflanwry, l9PH, and that and Rnoluunn Aa. nm Ann pmendoJ nr rc 1<J f:LOPERS "HI>IH 1I 11, ,hn IM1n •rµnnme nl ane N<r-PrtwJrnl. q<vsranl Sr<rcta ~ rer (,•r rr'rel rrm nua n..rnnnrl nr rnnmrl un Jnv pavo u! vbrnq. on any revnryealmo of any power>alsallornryror cembaa¢ Mann raAOl^'IdoJmtllr wµ Nl+mlrc m Lu.rndr rv+l .h.r 11 Fe ailW .uW M1nuArrP upon the ('nrpur+nnm" gapc Iv anal ws III Hlnl.I>f. \'FLOI'F.RSINSURAN('E COMP Ixv<urun.rllrwJ lA,r l+Or d.p nr lanu+n. IVaU ANY haaouudlhttepmtmsluhcvPnrd M1ynaSenax.).+ndrlaenr pureh wl w Pr DEVELOPFR5 INSURANCE ('OMPANY ST \ (f' O P (',\ I,I I~ O R N L\ Hy `'-EJ!?~~:% ('OI.V'f} fl F. Yaul E. 6nflin. Jr.. ti<craap LoS ANGELES ss. I nu 'nwu•rcvr'I I,aa. rr c.nknr rn UP Vf LIIPY RS INVI'Rr1NI'r. ('(1 ht 1'r1 Nl', ,, ('ql II IINVI ~ (',rr I,n. ur rnl.rr a. NrJ I'np~Nrq \Ilnll\I 1'r I•°•'• r n t,~rp,r rrr,rr ., nri tln Nn„M1n,r,n nArrm nlllll bnu'+nd bee nut A9ell ernlaJ„ Pxr,nrrrn. IIII III NI Nl t I If 111 l 1 r,n Ib. rl lire lhrarrl r~l lNrrc(nn, a<I InrlM1 rn lM1Crrup<r rrrJ lurllrrouunllr,n lrtylt ft, aaalrnn.ll,rrxl L'~rI IL<Ilr. ••p, r.l .n,rl .aalaJ .,l I,i ul qur.r m n, x m I,rna \r, c. l.. I., Irlr.r ,,. Iw___daa nl ___ __ .. In _~. STATF: OF' (':\LIPORN L\ ('UI~N Il~ OP LOS .\NI:ELES ss. ~,~/ Vn Jn. larn,Ln rl Lv,r,arr loon. hn,n<m<Pn nnlP•+m<1'vulP fnlbn. Jr.In mMnnwn, wAn AanµM mr:!rrha nn. drJ J<pm ml ..•IM1er M•r. •.. r,n llf1fl11plRVivbl RlNl h(11111'\\1',rhet'urpnruennJaulAcdrnanAwhaAea<eukd lM1r+M1rr,rnrarturnrnLm+rne4rnrwalAnar+lel rut ~r ~ dpaul mlm•nJm.unmm~r,. wahcnrmrtnnma.rM1alJwNaralliu'rl nvrnJ.r rl lho Nu.nJ nl^v«tur.nl.erdl rrrP'x.rlun Jrul uvr 6r arFuul 1 r, nr urc Orrruu M Ir(c mJer • j ~~ ~^'~~ V ~w~~Cl~Pll~~1L ~SEAI '~~ . ,n \ ... ~ n,1aRV pGSEN I~ t . 1 ~ •~ • !I]rLGV 4UML'~C'C<rUPCGNIP !~ r Y"' I ' ~~+~~ %"~ I' S nNLf1:5'r'llNiv M( •omm erpur0 SfP 6, 1981 19010 b.nyr a BmAerord, ipn9nJ, U 91150 ('I HI11 I('AIl ~Mnry/1'v AL. a9. QTY OF RAIrY1i0 CUG~NIQ~C',A STAFF REPORT -~ I1 U • DATE: January 21, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Real Property Improvement Contract and Lien Agreement for 6730 Hellman On December 3, 1980 the City Council declared Hellman Avenue be retained in its existing state. The motion made also included acquiring a lien against 6730 Hellman. Attached is the requested lien and a resolution approving same. Pursuant to the requirements of Ordinance No. 58, the Engineering Division had required Mr. Franklin to post securities to guarantee installation of curb and gutter at the Master Planned width. Since Council's action on December 3, 1960, those securities are now eligible for release. RECOMMENDATION It is recommended that Council approve the attached resolution accepting the lien agreement. Also that the Finance Director be instructed to release the passbook presented by Mr. Franklin as securities. Respectfully submitted, ~~ LBH:BK:JLM:jaa Attachments 30 RESOLUTION N0. 81-10 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM GLEN E. FRANKLIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGf! SAME. WHEREAS, the City Council of the City of Rancho Cucamonga sustained the appeal to retain curbs and trees on Hellman Avenue at its meeting of December 3, 1980, WHEREAS, Glen E. Franklin and Isabelle G. Franklin have provided a Real Property Improvement Contract and Lien F.greement with respect to same, a copy of which Real Property Improvement Contract and Lien Agreement is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and directs the City Clerk to record same in the Office of the County Recorder of San Bernardino County, California. PASSED, APPROVED and ADOPTED this 21st day of January, 1981. . RYES: NOES: ABSENT; Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, ity C erk n 3f RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: CITY CLERR CITY OF RANCHO CUCAMONGA 9320-C Base Line Road . Post Office Box 807 Rancho Cucamonga, California 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT, made and entered into this 7th day of January 198), by and between Glen E. Franklin and Isabelle G. Franklin (hereinafter referred to as "Developers"), and the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation (hereinafter referred to as "City"), provides as follows: WHEREAS, as a general condition precedent to the issuance of a building permit for residential development, the City requires the construction of mission off-site street improvements, including curbs, gutters and pavement, adjacent to the property to be developed; and, WHEREAS, Developers desire to postpone construction of such • improvements until a later date, as determined by the City; and, WHEREAS, the City is agreeable to such postponement provided that Developers enter into this Agreement requiring Developers to construct said improvements, at no expense to the City, after demand to do so by the City, which said Agreement shall also provide that the City may con^truct said improvements 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 Developers' performance, and any repayment due City. NOW, TEIEREFORE, THE PARTIES AGREE: 1. Developers hereby agree that they will install off-site street improvements, including curbs, gutters and Pavement, in accordance and comp ;.lance with all applicable ordinances, resolutions, rules and • regulations of the City in effect at the time of the installation. Said improvements shall be installed along the frontage of 6730 Hellman 2. The installation of said improvements shall be completed not later than one (1) year following written notice to Developers from the City to commence installation of the same. Installation of • said improvements shall be at not expense to the City. 3. in the event Developers fail or refuse to complete the installation of said improvements in a timely manner, City may at any time thereafter, upon giving Developers written notice of its intention to do so, enter upon the property hereinafter described and complete said improvements and recover all costs of completion incurred by the City from Developers. 4. To secure the performance by Developers of the terms and conditions of this Agreement and to secure the repayment to City of any funds which may be expended by City in completing said improvements upon default by Developers hereunder, Developers do by these presents grant, bargain, sell and convey to the City the following described . real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, to-wit: The North 128 feet of the South 528 feet of the East one-half of the following described property: The Ease one-half of Lot 1, Block 12, Cucamonga Homestead Association Lands, as per map recorded in Book 6, Page 46 of Mans, in the office of the County Recorder of said County. EXCEPTING therefrom the East 33 feet. 5. This conveyance is in trust, however, for the purposes described above. 6. Now, therefore, if the Developers shall faithfully perform all of the acts and things by them to be done under this Agreement, 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 on the real property and the rights and 33. .i ,._«ons of the partres with respect thereto shall be governed by the provisions of the Civil Code of the State of California, and any other applicable statute, pertaining to mortgages on real property. 7. This Agreement shall be binding upon and shall insure 8. To the extent required to give effect of this Agreement as a mortgage, the term "Developers" shall mean "mortgagors" and the City shall be the "mortgagee" as those terms are used in the Civil Code of the State of California and any other statute pertianing to mortgages on real property. 9. If legal action is commenced to enforce any of the . ~, provisions of this Agreement, to recover any sum which the City is ~ entitled to recover from Developers hereunder or to foreclose the right of the Developers to redeem the above-described property from the mortgage created hereby, then the prevailing party shall be entitled to recover its costs and such reasonable attorneys' fees as shall be awarded by the Couzt. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: CITY OF RADICIiO CUCAh10NGA, CALIFORNIA, a municipal corporation BY: P[IILLIP D. scliL-sseti------ Mayor DEVELOPERS: ~~ ~~ ~~~~ ~~ • • A'rTESr. LAU[tE"I '4. {'JABS EEt'~li+i! City Clerk 3`~, `J STATE OF CALIFORNIA ) sa: COUNTY OF SAN HERNARDINO ) • On 198't, before me, the undersigned, personally appeared PHILLIP D. SCHLOSSER, known to me t0 be the Mayor of the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. DATED: 198 1. (Signature) (Name Typed) (Name of Office) (Seal of Office) -""1 i STATE OF CALIFORNIA ) 55: COUNTY OF SAN BERNARDINO ) On L 7 ~ y ~ ) 1981, before me, the undersigned, a Nora ry Publ~,.c in and r sa d County and State, personally appeared Glen E. Franklin and Isabelle G. Franklin, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. (Siynature) / Delila 61. Zimmerran ••••••«•••••••••••••s•••••••i (Name Typed) • pI1:<UL SFAL . 1~' :i Jt'i:Y I'V:ILiC L'.L'.f (; iiiiA i i t`•~I~'~~' ra rT'ML qi PC: i4 ~ ~:'s'y% :FI! l'Pt V.AG', ISO f.L•UNiY ~ ° (SEAL) • M/ Cemmraon E. p,ces Mz9 15, I:SI .............................: 3 S' CITY OF RAID[-10 Ct;CAMONGA STAFF REPORT ~~ • • DATE: January 21, 1981 ., T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Request for Time Extension for Parcel Map Waiver The City Engineer approved a waiver of parcel map in May of 1979 for James Van Antwerp consisting of 2 lots on the east side of Hellman north of Banyan. The conditions of approval included construction of street improvements. An agreement and security in the amount of $4,700.00 was accepted on May 16, 1979. Mr. Van Antwerp has received one extension of time which expires in January 1981 and is requesting an additional six months (per attached letter). The street plans for the improvements have been submitted and are being checked at this time. It is recommended that City Council approve a six month extension of time with the condition that all improvements will be construct- ed within six months. RECOMMENDATION Respectfully submitted, ~!, / ~~ /// «C LBH:BK:j as Attachment 3b. u n u TENTATIVE PARCEL MAP ND. '/M TMf C/TT OF ftM'eN0 C~LRMONG,I~ /~E/NG A D!v/sleN of PRRCfC l of PvR[CL MRP ITT) Fh(O /N P+RCEL MAP /Tc~OK /f RIGE VQ .N THE GevwTY ,V ECeftO(Rf OFF/CC~ (!/4NT% OF SNN 6fRNAl10/NOD $T'IT( OF CnL~Fe NN/A APRIL - /979 a.,,A --`- I. I ~ ~ PARCEL 1 t~ ~~ ~ I, ~ ,.I I,1• ~ 1 L .~' ~., r 7 ~I -I: ~'~. .I ~LLC~ ~„ ~ fJ I~ ,Ih ~, ~I: 1 ,~ I PARCEL 2 `' ~ ~ ' ~ .~ ,I I,;:~ ~ Q ~L:~.~ ~ 1 ~ - ~_ _ . ~ -- . „ ~... ..-- -- _ I ~T _. . ~ J ~ -- ~I,~ _ --_ --. ~i' i mil j i~, j .........._r....., . ^.. ~.. ..i i 7 ._......... ,_ Ow~eR s.) m _[ Hra/rvES-, -____ r..- :.~.._ ....~. :~,~ ___ $RIIT / OF I 37. January 10, 1081 • Mr. Lloyd Huhbs City Engineer ' City of Rancho Cucamonga Rancho Cucamonga, California 91730 Mr. Huhbs: The purpose of this letter is to request a six-month extension on scree[ improvements on Parcel l3 of Parcel 1 of Parcel Nap No. L337, City of Rancho Cucamonga, County of San Bernardino, Stale of California, as per map filed in Book 14, Page 92 of Parcel Naas. The reason for Che request is that the street imnrove- mene plans have been filed far approval with your office, as of this date, but until they ate approved I am unable Co take • ouC a permit. Once the plans are approved and I am able to obtain a permit, work will Start immediately, weather permitting. Your approval of this request would be greatly appreciated. 'ncerely, ~ James A. Van Antwerp ' • 38. CITY OF RAI~C710 CI;CA(r1Q'VC:A STt1FF REPORT L DATE: January 21, 1981 "" T0; City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Acceptance of Bonds and Agreements for Parcel Map 6194 The subject parcel map owned by Rancho Haven Associates, located east of Haven and on the south side of 8th Street, was tentative- ly approved by the City Engineer on July 24, 1900 for the division of 85.6 acres into 21 parcels in the M-2 (General Manufacturing) zone. The bonds and agreement are to guarantee the installation of street improvements, storm drains and retention basin. The attached maintenance agreement along with the maintenance security provides for maintenance of the retention basin by the developer until such time as the required mnstrvction of a Downstream Master Planned Storm Drain is completed and accepted for maintenance. Rancho Haven Associates has made arrangements with Cucamonga County Water District for sewer and water installation. RECOtM1ENDATION It is recommended that that City Council adopt the attached resolution accepting Parcel Map 6194, bonds and agreements for off-site improvements along with maintenance agreement and security for retention basin. Respectfully submitted, ~i~ ~ 1 LBFi: K:jaa Attachments 3R, J RESOLUTION N0. 81-11 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA> CALIFORNIA, RPPROVING PARCEL MAP NUMBER 6194, (TENTATIVE PARCEL MAP N0. 6194) IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND MAINTENANCE AGREEMENT. WHEREAS, Tentative Parcel Map No. 6194, submitted by R.C. Land Company, and consisting of 27 parcels, located on the East side of Haven, South of Atchison Topeka, Santa Fe Rail Road, being a division of a portion of section 13, Township 1 south, Range 7 West, San Bernardino Meridian was approved by the City Engineer of the City of Rancho Cucamonga on .7 u1y 24, 1980; and, WHEREAS, Parcel Map Number 6194 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 and a maintenance agreement by Rancho Haven Associates as developer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City • of Rancho Cucamonga, California, that said improvement agreement, maintenance agreement and said improvement security submitted by said developer be and the same are Hereby approved and Lice mayor is hereby authorized to sign said improvement agreement on behalf of the City of Rancho Cucamonga, and tY~e City Clerk to attest; and that said Parcel Map Number 6194 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. PRSSED, APPROVED, and ADOPTED this 21st day of January, 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor RTTEST: Lauren M. Wasserman, City Clerk yo t ~ ~. fit.=rn n.en £ e~w som. ~i - - I I I. ~ ~ ^.~i ~ ~ie I - ~`j ICI _~, ~ F=` TI ,,: r I , .. ~,~ ~Y ~'`IL I i''. ~ I~~ "~, Ff, .I li ~ q 'I ti '"' 1sy ~ '~ fo ~~ e ~ i III ? ti~ 4. ~ ~ --,-1 z i=`s`ue " ;i, "Z I • Fer;~~D ±i f ~ `i`t6a I 'I 1' ~: ~~ 'G ` ,n, 1 ~~ t;s;~;f A ! ssE!i~14 sazG s:~ ~°,6:,.•; c (i,l,,~ I:I t,l`-' I~ a~rl~ ifFi~ i1~i %~(St ~1PPG~~i 1 f'k ~ I' ~ I~• i1` I ~ S~~i~ 7 F ' --. .~! I! ~`~~ i - i . III ~'..':~~ \- ~~51a,x1: f. .~ I ' \ ` R ~ ill I ~ . 1' 1 : ~ : I l,l _ I 1 C tttttt I i - l{ I is t ,,i I ~. a ~ ~. I .1, , a t ~~ ~ /` ~•i .:+ i~-t I iiiA j t ~ 1 t I \ = \ f~ I II I ,~ ~ i. i;, I 1 I I'~ ~ I t t ~~ i j U' I ~i I ~ /~! ~! I it ~ / i I I j ~ ~ a~ P P I ! '~ ~ ~ 1 1 ` P 1 ' ~ ~~II ~ " e r I t E ~ I ~ ; ~ G ~ ~ '. , d t ~ e,~ ~~ I q ~ + ~ , l F: ~ J' :f~l %~. j^ I P e _L t ~ / ~ I ' l ~ l` lr n I °°°lll i ~ \ ' ~ / I 11 ~ I ~-- _ - _, i ' _~ _ 'i ti~~ mac:-=1~ ` 1 17 ey k 1 ~ ' ' ~ F _ h~ L. ~ _~ I ~ '~ ~ ~ i 1 ~ ~t i e. r" _ i I I t l f, ems, ~i 1 ~ ~7- li i l ~I ~ I !~ I ; ~ I ~A ~~~ i . tt E~ I , , ' ., ~ P t i~/ / '~ f ' I b t i 1 . ~ I I~ ' - ~ „I~/ i ;o ~ " r' ~-i~ / I III, ,~.e / ~ 1t ~ ~ ~ -- fi ~ R: ~_ ~ ~ l ; ~ " i`, -i ~ ~ I .~ r ~ i._~ i l - ry .- I~ II ~ ~,. _ r _ - . '~ ~ I l i ~ LiglC'lL ,art' ]q r .: i 'I I ~ •"f ?S ,P; ifF' :H:a. E4 ~,rt.i I , ,;, r - -~ CI • I • U Ni ' • CITY OF RAUCHO CUCa-0ONGA IF!PROVEt4EtlT AGREENEtIT FOR PARCEL t•1AP f10. 6194 •~ KPi05! ALL t1EN BY THESE PRESEtITS: That this agreement is made and entered into, in conformance with the provisions of the Punicipal 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 Rancho Haven Associates, a California partnership hereinafter referred to as the Developer. WITNESSETH: THAT, 41fiEREAS, pursuant to said Code, Developer has requested approval by the City of Parcel hlap Number 6194 in accordance with the provisions of the report of the City Engineer thereon, and any amendments thereto; located at the southeast corner of Haven Avenue and 8th Street, Rancho Cucamonga and, 4IH EREAS, the City has established certain requirements to be met by said Dev- eloper prior to granting the final approval of the parcel map; and, 41HEP,EAS, 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 pupose of securing said approval; NOU, 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 Page 3 hereof within nine months from the date hereof. as per Section 2.12 of Ordinance No. 28. 2. The term of this agreement shall be nine months commencing on the date of execution hereof by the City. This agreerent shall 6e in default on the day following 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 agreement, in writing not 'less than four weeks prior to the default date, and including a statement of circumstances of necessity for additional time. In 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 taarranted by substantial changes therein. 4. If the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause said provisions • to be ~nmpleted by any lawful means, and thereupon to recover from said Developer and/or his Surety the full cost and expense incurred in so doing. y~ 5. Encroachment permli is shall 6e obtained by the Developer from the office of the City Engineer prior to start of any work within the pu6l is right of way, and the Developer shall conduct such work in full compliance with the re- gulations contained therein. Non-comoliance may result in stopping of the work by the City, and assessment of the penalties provided. 6. Public right of way improvement work required shall be constructed in con- • fo rnance raith approved impro vc-meat plans, Standard Specifications, and Standard Drawings and any special amendmen is thereto. Construction shall includ^ any transitions and/or other incidental work deemed necessary for drainage or public safety. 7. lA mk door wi tl+in csis[ing streets shall 6o diligently pursued to tnmplr.- cinn; thu Cicy shall have the rigbc Cn cnmple to any and all work in [he c em+l u[ unj Usti Fiu.l delay in completion, and to rcu,wr al] cost and expense incurred from the Developer and/or his contrac [or by any lawful means- 8. 1'he Developer shall be responsible for replacement, relocation, or re- mnvnl of mry component of any irrigation water system in conflict wick [he required wn rk Co [he satisfaction of Che City Engineer and Che owner of the water system. 9. Thr Developer shall. be responsible for removal of aLl louse cock and ocher . debris from the publ Lc right of way resulting from work done on the adja- cent property or within said right of way. 10. 'the Developer shall plan[ anJ maintain parkway frees as directed by the Community Development Director. II. iho imp rovemunC security to be furnisbeJ by [he Developer [o guarantee • completion of [he terms uF Uris agreement shall be subject to the approval of chn Cily Attorney. The principal amount of said improvement security s1+a 11 be no[ less than the amount shown below: ' 1fIP ROVE;IENT SECURITY SIIU;ILTTED: Faithful Perfa rmance Bond TY FE SURETY/AGENT PRINCIPAL MIOUNT Aetna Insurance Co. $850,000 Material and Labor Bond Aetna Insurance Co. $425,000 1N WITNESS RCR¢OF, the potties hereto have caused these presents to 6e duly \ c:ucuted and acl:nnw led god with all formalities required by law o rt Che daces \ set fo rch opposite [heir signs [ores: / Rancho Raven Associates/ pEVCLOFER ~~~ 1 ' 1 By: Cad,illa5 F irv~}ew~California, Inc. ~ ~ ' // 8Y: I/.. _~_'~ ~//1i ti~~ DATE: /~' ~'C(_ r L o~`piie'rit L. Ste'li ,/Vice pres., Gen. Partner ~ ~ ~ L • ~ /~~ .'~ .: ,c L,+~.~ ~+-,' t C;~nI ~ _~ 41 DATE: L ' / Charles B. Cald':fe 11, General Partner • Wi"i ti r:SS: DATE: `~3 ' ~ ~ COSSTC7iCTL0H AND BOdID EST ELITE ~ ~' ~~ E\CP,O:1CFClE .T PEf`CCT FEE BCIICDULE (Attach Co "Inspector's Copy") • D:\TC: 12-3-UO YERlCIT t;0. ~ CO;(PUT6D EY ~ DSS File Ae Eerence P-M. 6194 ~ CiCy Drawing No.s NOTC: Does not include cuccent fee Eor writing permit or pavement replace- ment deposits. 79286'. ~ ' CONST[;UCTIOS COST ESTICLITE • I'l'L!~I ~ U:1[+TITC IBJ L'C IBCIT COB'C $ Al;tl(Ii1T c ~~\uc; r.uari o}• uAY SSD.onD no sr. torALS .: LL::c t.. s. CUF6 :, CIiTTER _1M?~ T.. F. CROSS CUTT Ci.lS PA\0'.',EL .~1~:;,r $.F; , S LUEh:\LR 6 35U B. F. 1.5 9 525 UCCV'E :\k'7KUA(:IfES - residential. S. F. CC;'u'SiIED AGGREGATE 125E ~ S,F. n^ STREET 7.T^•HT$ J :n (" a C~' Ii60'v;000 il'cAUEP. I 1.. 1'. STBF. ET SLG::B F.A. 900 R.C.Y. ~ T..Y. I ( CA'i C!t BAS iti I. F.A. _ 0 2 0!l'! Oti T LET S'LRL'CTLI„E ~ gA, anTnS'Pr~hrr• hn raynr I 300 o I I,^ 2 925. 24" PCP 1 q~Z 30" IMP ( 0 Q A 500 42 ~ IX,P t 6 r DO 54^ ~ i~lnn 63" iCP 280 r~T LF .D 105.00 I loz,9ro 29 , 40D ;G9" fX:2_ _{ 40E _ I,F 120.00 I 48 9(iD „_7?" prn ~ 200 LF ~ 130.00 7.6,00(1 I ©4'`Fiyt;___.__ ~_65__ 8'~3.5_R~ EDY 1=_~ I _ I,F _I,F 0.00 T'' Il I ~ 9.750 ~~ 95.000 ~Iin TC ?nv ~r~:~r^rrmsr __ 1 _ B ^ FA_ 0. 0 I 36,000 1 T*?T'1'_STi;[:~i'r?~. ~~ FA 5000.00 5,000 S40P.'A DIU1I21 P.YITNi LG[J PAS L.! 1 + I~ 1 I ¢,:.OU~,~ ~ L _qp- py ~O`+~ ._..._____.i _`~ KCT_\fi:1_G lz\I\I r.g I 1.. T'_ ~ ~ L:\S USCd!'i'. F. If: i?ICiCCIn`! F` ~ t..S. -~ -----) TOTAL CO:;STIiUCTIO;I COST $771,699.00 yy INSPECS709 FF.F.S ITEi! ~ OU1"T[S5' Iif\TT 1 11\TT C.P^T ~$ p~!1 CO\S1'RUCTIOS I2:SPECTIOP: - _of Cans traction Cosf. Rs[ir..ata I•nei:`!c`°r r n•r m: Trc`:arf 7..5. L_S. I _T..$• I i{ ~-`. 1 1 f _ PF.I:PI:12: i.>:T PnVLiiii:Cr I:EFL:\CE::4a:T L-F. STOi;"r: N\'i ER f:\f. I;! RTC!!"i-OF-.c~\C ~ F.;\. ~~ f ( 1 I. 'CO'C1i. IP:S!'F.CTIOA PGCS $ • I7. co>;Pnrrrov TEST FECS .$ I'[i. 10'7. CO::'f C:CC~`:CTES $ 7T ,G99. 90 I :'. UiS rC:. I'EIfS (LO"/, oC 'CO[al Construction Cog }'stiiaa Ce) $ _ 1'0"CAL $ 848,666.90 Ta ith Cul 1'rr Eornnncc hood =~ $ 850,000.00 Na[cr ia, and i„ bur bond $ 425,000.00 Ffui nt.rnyicc Hon;l = $ C;~•;1~ )Imo^~••nt in'; Dr•n.ist i[ _ $ Pane 3 to Improvement Agreement for Parcel "".ap P6194 J YS BOND No. - s X96436 • LABOR AND MFITERIALM.EN BOCiD t4REREAS, the City Council of the City of Rancho Cucamonga, State of California, and (hereinafter designated as 'princ>.pa ave en*.ered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated NO'/M~RR F , 19~_, and identified as pro- ject Rancho Ha •an A ~ ~ tee R D 4 0~ ~~,,, r ~ r-~:f___:_ Parcel Maa f~fi194 _ is hereby referred to and made a part hereof; and, h'HEREAS, under the terms of said agreement, principal is re- quired before entering upon the performance of the work, to file a goad and sufficient payment bond with the City of Rancho Cuca- monga to secure the claims to which reference is made in Title 15 (commencing with Section 3092) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THEREFORE, Said principal and the undersigned as a corporate surety, are held firmly bound unto the City of Rancho Cucamonga and all contractors, subcontractors, laborers, material- . men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of o ars ), or materials furnished or labor thereon of any kind, or or'a ounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond will pay in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred 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 the judgment therein rendered. It is hereby e::pressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3092) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in Eull force and effect. y~o ,~ The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or ad- dition. IN SQITNESS WHEREOF, this instrument has been duly executed b9 tOe principal and surety above named, on NO'IEMBER 5. Rancho Haven Associates By:Cadillac Fairview/California r es~Cel3~1--- BY: i~~ Robert L. Stelzl ice-President :a:c2,. Aetna Insurance Company RY Cam, ~, X ~ ,~ A~A' E. SEYMOUR~ A'^' Y IN FAC • v~ ,. AE1~16 IN~UOANCE COMPANY OF HARTFORD, CONNECTICUT POWER OF ATTORNEY Know all Men by these Presents, That AETNA INSURANCE COMPANY, a corporation created Dy and existing under the laws of e State of Connecticut. harmq its Drin<ipal office in the City o} Hartford, Slate of Connecticut, does hereby nominate, constitute and appoint Wil Liam J. FLaher[y or Ceorge P. Symonds or Rose Spataro or Wi11a P. Tate or Joyce Burks or Anna C. Seymour or Thomas Bean of New York, New Yprkfr :y true hereby nY and knowletlge and affix the'` as her bonds, undertakings, Intl IO mOdifiCdtiOrlt OI Irby as fully and to Ne ,and all the acts of said This power of attorney is grantetl urger antl by the authority of Me following appliuDla paragraphs of ARTICLE II of the BYLAWS of the company: The presitlent or a vice presitlent may execute fidelity and surety bonds antl other bonds, contracts of indemnity, recognizances. stipulations, undertakings, receipts, relearn, deeds, reledtet of mortgages, ConlraNt. agr<amMtt, policies, natice3 of appearance, waivers of CltatlOn and <pntlnh tp motlif iGdtions of mnira[ts as may Da r<QUirctl in th! ordinary cpune of butiness or by vote of the directors. antl such execution may be attested where necessary or desirable antl the seal of the company where necessary or desirable may b< afli xetl to the spenfic instrument by a secretary or an aasittant Secretary. The preildent pr a vice president may with the concunence of a secretary pr an assistant secretary appoint and authorize an attorney imfact or any other person to execute on behalf of the company any sucn instruments and undertakings and 20 affix Me :cal of the <empany thereto where n<cesury or desirable. The attornevs~in-fact under the pre<Min9 paragrapht of Chit article era auMorizetl and empowered t0 Certify to a copy of any of Me bylaws of the company or any resolutions adopted by Inc tlirectors or to Me /inanOal statement of the condition of the company and to affix the seal of the company thereto where necessary or desirable. This power of attorney is signed and Sealed by facsimile untler and by the authority of the fallowing Resolution adapted by Ne Board of Directors of the AETNA INSURANCE COMPANY at a meeting duly called antl heltl on the 23rtl day of May, 1969, RESOLVED THAT. in the execution. attestation and sealing of any instrument or undertaking auMOri:etl by Article l I of Inc Bylaws. the facsimile signatures of the of hcers antl the facsimile seal of the Company affixed thereto shad be valid antl bintlin9 upon the Company. IN WITH ESS WHEREOF, AETNA INSURANCE COMPANY has Caused N<s< CrH<ntf t0 O< figgnc0 by itt President and Its Secretary and rts corporate seal to be hereunto affixed, altestetl by its Secretary, Mis...., 45 p, day of,,,,,,,,gpF 1.J ............... l9 79,... ,j//J~ gETNq I,NyS/U~~g'gN~C E.CyO~.M.O,q.N ]' Attest: (/ ~ ..a •r"- P„t,oanr eecnrary AIYA .STATE OF CONNECTICUT ~•~/ COUNTY OF HARTFORD } n. 4~v rTFr ,~V ~5ici•t'ry On fns 1st , .day oL........Api i.l ............. 19..79....., before me, Diane L. T<Ckett, the undersignetl oHiCer, peripnally aoaearetl F. O. wgTKINS ono J. J. MURPHY who acknowledged themselves to oe Me President antl Secretary of AETNA INSURANCE CCMPgN V, a corpvation, and that they, as sucn President and Secretary being authorised so to tlp, executetl the }oregoinq instrument for the pumoset Ihermn <pntainetl by ;igninq the name of the corporation by themselves as Presioent and Secretary, and that sa10 Secretary affixed thereto the seal of the corporation ono altestetl to Ne executon of the foregoing instrument. In Wtness WhereoflhwHarda sat my hard arM sot. ~ ~y... `d,'.~i.e..E..L'f' '~~w.. ~a Ngtarv eupuc ''Arsw'x°r' Mr mmmunan .xpkn qe.e s, tseo CERTIFICATE I, the underslgnetl. Secretary of the AETNq INSURANCE COMPANY, a Connecticut corporation. DO HEREBY CE RTIFV that the above antl foregoing Power of Attorney remains in full torte ono has not been revoNeo; antl, furthermore, that the paragraphs al ARTICLE II of Ne RV LAWS of the comoralion, and the Resolution of the Board of Oirectpri, as set forth In the Power of Attorney. are haw In force. 6~CH NO'/EhIBSR SO ~~ ~«y,~~ Signed arW Soled rt Wrnnnl, CannsYieN, fait.......... _ daY af ........................... . 19.... _.... ~/~ Y'i.• ~~~ , SrcrnarY State of New Vprk, i I Cauniv of New York lir. `>.,,~,,.:` Gty of Haw York on this r~.nF{.......aay ot..NO'/PMBER ig ~~ , nefore me nersonalty appeared ANNA.,, E. 36YMOUA to me Nnown who being by me duly sworn 7 d Depose and say that he resltles m BA YO NN~a. ~~~flUD NQ C0: ~~ Tf v • :that he Is Attorney~lmFact of AETNA INSU gANCE COMPAYV, tae <orporatlnn deicrlbe0 .n antl wTC i ex c lea ~me tp egoing instrument loaf ne isnows Inc seal of Inc sad Corpprdtlon; that Ue seal affixed to sucn Initnament ~s sucn corporate se •. and was attacneo thereto by authmdy granted under the By~LdW4 of sold Carpontwn. antl that ne ugned m5 name N¢r<tp dt AttOrney~m~Ma[t by dufnp Nty grdnlea under tF.e ByLdWt OI saltl COrpOrabon, and that M< told CprpOrabon ndf rgcerv!d from :he Supennlentlent of Insurance pl She State of New Vork a certificate of solvency antl of its suf finenry as surety or guarantor under Section 327, Chapter 8B2 of Inc Laws of 1939, oelry~Chapter 28 of Inc Cnnsalldaled Laws of Inc State al New Vorx for the year 1939, and as amended antl that sucn cerhh<atY`tya-not bean r<voklt ;Ie;v y,;k ~ ~~ u ......, f:a 4109 I6EAy _._. 4~6 --.,,• ~'t-~:~r"' c:~~.~ Form 5]O.I )S IN V ~ L,i..i]_r.`il ~ ..:....... ...... .y ~ .. ..,,.. .... „ .., ...,... I Ea. acne b) ~ Notary Publ¢ uiunea.m¢~vy ASSETS FINANCIAL STATF?fE:VT Dece~rSer 31, 19i9 • Bonds .......................................................... .. .. $1,215,709,401 Stocks ............................................................. 145,001,2;6 Real F.s to tc .................................................... .. .. 4,279,1 i9 Casl: on (land and in Banl :.................. .......... .. ........... .. 39,871,511 Fremitcas in Course of Collection ................................... ~ 152,895,101 Intc:'cst .\ccrued .................................... .. ...... ....... 14 ,915 ,6li Other :lssets ..................................................... .. 102,031,382 TOT;1L r45SEIS .................................................. $1 ,670,703,75.1 LIABILITIES t+eseri-c for Unearned Premiums ....................... ............... $ 356,1.ifi,S32 heserve Eor Losses ................................................. 857,-89 ,g in Reserve for Taxes .................................................. 16,785,551 Reserve for Dividends ........................ .... .. ................ 14,08n ,7.I3 Funds Neld Under Reinsurance Treaties ...... ........................ 28,n?1 ,bd8 Other Liabilities .................... .............................. 69,670,0'_1 TOT,1L LIABI CITIES ............................................. $1,36:,016,130 Capital: 1,000,000 Shares, $10 Par Value .......................... $ L0,000 ,000 • l'olunta ry Security Valuation Reserve ............................... 3,611,;15 Sur>lus (Unassig:ed) ............................................... 295,075,-"S SUI`SLl1S TO POLICI'I10LDERS ...................................... $ .103 ,68",.i ].i TOTAL .................................... ..................... $1,670,703,,'53 STATF. OF CO\'VTCI'iGllf) COU\'i1' OF N4RTFORD ) James A. Kitchell, .Jr., being duly sworn, says that he is the Vice President of the :\!:'I\1 L'1SI OL\SCIi CO?0'h\l' and that to the best of his lmowledge and belief the foregoing is a tnie and correct statement of the said Company's financial condition as of [he 31st day oC December, 1979. , Swornlto he Co re me this 19th d/-a/y~oC Febnmty, 1980, l~ /}~~...(////~//L'~~/~ t- i ~I • ~. ` I J I ~.fr1 ~. ~~1~`~ l I V~~ o~ Notggr \` Reta:y P~,Iblic • I~ Vice President s~ruquc ~r. 'I +,n~ i~ot ry Cortoni<sion c~pires April 1, 1980, Fogo. ~q • BOND N0. - S 796u35 FAITHFOL PERFORl4ANCE BOPiD SVHEREAS, the City Council of the City of Rancho Cucamonga, State of California, and Ranrho Haven Associates (Ite reinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete cer- tain designated public improvements, which said agreement, dated ntn'rxmiRFR (, 19_gQ, and identified as project p t M n '6794 is hereby referred to and made a part hereof, and, f•:HEREAS, said principal is required under the terms of said agreement to furnish a bond far the faithful performance of said agreement. NOW, THEREFORE, we the principal and AeEna Insurance Company as surety, are held and • firmly bound unto the City of Rancho Cucamonga (hereinafter called "City"), in the penal sum of d Fift Thousand and Ni/a100u1 Dollars ( 850.000.00 ) money of 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 in all things stand to and abide by, and well and truly keep and perform the covenants, cond i-- tions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein 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 beccae r.u 11 and void; othen~~ise, 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 costs 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 judgr.~.e nt rendered. S~ The surety hereby stipulates and agrees that no change, ex- tension of time, alteration or addition to the terms of the agreement or to the work to be perforr,.ed thereunder or the spec- ifications accompanying the same shall in an}rvrise affect its obligations on this bond, and it 3oes hereby waive notice of any such change, extension of time, alteration or addition to th^< )1 terms of the agreement or to the ::ork or to the specifications. I~ IN WIT;IESS WHEREOF, this instrumznt has been dulyy executed by thz pri rc ipal and surety above named, on NO'IEIdBER 6 " 19 $O . Rancho Haven Associates Aetna Insurance Company Ey; Cadillac Fairview/California, Inc. / ~) ~ Y ~_'' • BY: ByNIY ~_1/~~--cu Robert i. stelzl Vi e-President A A E. SEYMOUR'A'^ EY IN fiA 0" • ,S CITY OF RANCHO CUCAMONGA IMPROVEMENT AND MAINTENANCE • AGREEMENT FOR PARCEL MAP N0. 6194 KNOW ALL MEN BY THESE PRESENTS: That this agreement is made and entered into, in conformance with the provisions of the Municipal Code and Regulations of the City of Rancho Cucamonga, State of California, a municipal corporation, hereinafter referred to as City, by and between said city and Rancho Haven Associates hereinafter referred to as the Developer WITNESS ETH: THAT WHEREAS, a temporary retarding basin shall be constructed within parcel 4 of Parcel Map No. 6194, being an Improvement Requirement of said City for said Parcel Map No. 6194; and, WHEREAS, the Developer shall own and maintain said retarding basin until such time as the Downstream Master Planned Storm Drain System is completed, and accepted by said City; and, WHEREAS, the execution of this agreement and posting of maintenance security, as hereinafter cited, and approved 6y the City Attorney, are deemed to be sufficient to guarantee continual maintenance of said Basin. . NOW, TtIEREFORE, it is hereby agreed by and between the City and the Developer as follows: The Developer agrees to construct at Developers expense said retarding basin within nine (9) months from the date hereof, as per section 2.12 of Ordinance No. 28. The Developer agrees to maintain the retarding basin, to the satisfaction of the City, at no expense to the City. If after 30 days following notification by City of deficient maintenance, the Developer fails or neglects to comply with the provisions of this agreement, the City shall have the right at any time to cause work to be done by any lawful means, and thereupon to i~~e the hereinafter stated cash security and/or to recover from said Developer the full cost and expense incurred in so doing. Developer shall be billed for said costs and shall make restitution to City within thirty (30) days of date of billing, and/or replace said cash securities used, should Developer fail to make said restitution, within the time alloted, then the City will cause a lein to be filed, against said Parcel 4, for said restitution plus any and all reasonable attorney fees. 4. This agreement shall remain in full force and effect from the date he, eof until notice by Li ty that required construction of a Downstream Master Planned Storm Drain sewer is completed and accepted for maintenance by said City. At that time said maintenance security shall be returned to Developer. 3~ s~• Page 2 5. The maintenance security is to be furnished by the Developer to guarantee completion of the terms of this agreement • and shall be subject to approval by the City Attorney. The principal amount of said maintenance security shall not be less than the amount shown below: Maintenance Security Submitted: Total Cash $2,000 IN WITNESS HEREOF, the parties hereto have caused these presents to be duly executed and acknowledged with all formalities required 6y law on the dates set forth opposite their signatures: RANCHO HAVEN ASSOCIATES Hy: adi lac ~iew/ DEVELOPER Dy Ii or is Da to ~J MICHAEL WARREN sy ~~.~_i~n~ (,v~'d C.t,L~~[..000 Date L1¢•C~ ~~1 9So CiiARLES d. CALDWELL CITY OF RANCHO CUCAMONGA, CALIFORNIA A MUNICIPAL CORPORATION Approved as . gy to Form Phillip D. Schlosser, Mayor City Attorney STATE OF C..\LIFORNIA COUNTY OP LOS ANGELES STATE OF CALIFORDIIA COUNTY OF ORANGE On this ~ j~~,. day of~...~},~•,~ , 1980, hefore me, the undersigned, a Notary Public in and for said County and State, personally appeared CEi~\RL ES H. CALU{JEi.L, known to me to be one of the general partners of. RANCHO MAVEN ASSOCIATES, the partnership Chat executed the within instrument and acknowledged to me thaC such par the r:;h ip execuCed the same. ~ '~\\~t \ [Jitnoss my hand and official sea 1. \ ..` r^~~~ ~'~~ ~\~%.% ~~i1, 1/~ Notdry~RUblic in and for said • County and State ' ..,n~~~G'i F'ICL1L SEAL ~ ~"":.l_i, ZUICTTA HOFMANN ' b0..0.Y PUBLIC • CALK JAILIA ~~ is?~. ~_ .% oMnC; LO791Y r, My commission expires CITY OF RANG-10 CL`C4MONGA STAFF REPORT J DATE: January 21, 1981 T0: City Council and City Manager FROM: Lloyd B. Hvbbs, City Engineer SUBJECT: Acceptance of Parcel Map 6658 The subject map owned by Universal Real Properties, Inc, and located at the northwest corner of San Bernardino Avenue and Etiwanda Avenue was tentatively approved on January 14, 1961 by the Planning Commission. Parcel Map 6658 divides 266.47 acres into two parcels in the M-2 zone. Off-site improvement has been deferred until time of development, No development has been proposed, however the applicant has indicated that Parcel 1 may be developed soon. RECOMMENDATION It is recommended that City Council adopt the attached resolu- tion approving Parcel Map 6658. Respectf id ly submitted, <`~~~~ ~~ LBH:BK:jaa Attachments sy RESOLUTION N0. 81-12 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6658. (TENTATIVE PARCEL MRP N0. 6658) WHEREAS, Tentative Parcel Map Number 6658, submitted by Universal Real Properties, Inc. and consisting of 2 parcels, located on the northwest corner of San Bernardino and Etiwanda, being a division of a portion of section 17, T.I.S. R. 6.W, San Bernardino Meridian was approved by the City Engineer of the City of Rancho Cucamonga; and, WHEREAS, Parcel Map Number 6658 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 6658 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 21st day of January, 1981. • AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk ~~ ;. i ~! i S 1= ~f E r, ~r~ ~f L i ,'; !~^ ':7 a'' ~i Z ', a ?°, <~~ ,~~ ^'~~ :,~ ~ y~} ~1 ;~ n 49 . , e ^~a s?A ~ fM$ .a~ o ;L 1 • r b6 COPY Op not dntvrh-9ersrn all arpi.r Dn Nor Wrib AMr. TAL (iw-!er Mwdglrarrnrs OMe. On1~ APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) 1. TYPE(S) OF LICENSE(S) FILE NO. Deportment of Alcoholic Beverage Control ~121505treet _ ,','j' u :{Tit ' FEE NO. Sacramento, Calif. 95814 •+d 'i::2dP.:S~T:IO mavm~..revm¢.n~.nnxr . . _u.. ... --- GYF GEOGRAPHICAL CODE ~,jj The undersigned hereby opplies (or licenses described as lollows: Date Istu¢d 2. NAME(S) OF APPLICANT(S) 7itC: 1%10:1 Temp. Permit u0'R+C:TaY6'i ~iCr!(4lII Applied under Sec. 21041 {] EBe<Nve Date: ISdtl:dIiCe Effective Dale: 3. TYPE(S) OF TRANSACTION(S) FEE LIC. TYPE :;e~x s ;J.CO .:0 '.TLnu~l 75.5:, 1. Name of Business i'or-Arco `%T - 5. Loeofion of Business-Number and Street 3:33 ^oot:Sll '1-:d. City and Zip Code ~ Cwnry ;:arche Cucc:nan.~p ~ 1730 wm_ :3eru.,r:: :RECEIPT NO. TOTAL S ~5 n~n'J I/ Premises Show Typr 8. Moiling Ac 'rA~~.3O1 7. Are Premises Inside X49 ~0-%iG375 l.4UjE: ~ c City limits? from 5)-Number and Street u.mw n..pu 9. Have you ever been convicted of a felony? 10. Have you aver violoted ony of the provifions of the Alcoholic Beveroge Control Acl or regulations of the Department per- ' tainin9 to the Act? 11. Eaploin a "VE$" onswer to items 9 or 10 on an attachment which sholl be deemed part of Ihis opplicaRon. 12. Applimnt agrees (a) that any manager employed in onsale licensed premises will have all the qualihcatiam of a licemee, and (b) shot he will not violate or cave or permit to be violoted any of the previsions of the Alcoholic Beveroge Control A<t. lg. STATE OF CALIFORNIA Count' of '~~ ser2-.r<!ia° Date 10/3i2/A0 . Ilndn nallr el e,h per Lrlew rri(.w end I III appliren ry N rM vpllir ellyr nl Ih. opplr~ mpdM1e pole~rgo ^9p ^pPlie d.rl1 rlM1er rrd rl melr rlM1rr appllre • x.Fall: Ill Ihal M1rnr~ a wd I. Ip e^I^1 epPlr( ond^ILna elAee Ihrr al and rM1Or prM1 and pll al r mpd. e^111 IM1eI a1M1rr IM1enr lFr ppM1te e, opohtuen hpr am tlnw er rndareoenrngr.n rn Ilv enplrmml er upalkanq rhos nrru m hrrrendonrd undo lrrFr I ul ter pmM1hM1 rMr aPPl6m:ene mod•I Number and Street Cily and Zip Code County Do Nnf Wri/c Rebin Thin finr; f~nr Depnrlrnpnl I'¢e Onlq a Atmched: n Recorded notice, ~ o . ~ ^ fiduciary popenr 10~3~~30 :. ~ ^ ... -. ._ .. ...... ..... .... ..... ......... COPIES MAILED (ST'AL'E 3ELOW FOR FILI9G STAMP OtiLY) `J r~ lJ -~J ry{,p 1 I ROSE. KLEIN & MARIAS ATronn¢rs nr uw 2 I~!' sum_ szo _ SAN RE"NAROINO. CALIFORNIA 91101 ~ r.~` 3 + I r, 3 ~I, aar"°n11nu sa^~em1 CITY Of RANCHO COCq ONGA AGNIfrISTFYniIDN n` Ili JHIY 15 1981 5 it Attorneys for Petitioners AM FM 718} 91101ll ~ 121112f 3f 415( 6 6~ ~ ~ ~ i' ~! 8•, LORETTA GRONEK, JAMES PAUL GRONEK,) CLAIM FOR PEP.SONAL INJURIES :IICHAEL STEPHEN GROAIEK, ) (WRONGFUL DEATH) 9' ) Petitioners, ) Government Code 910 10 '. ) vs. ) 11" ) 12' CITY OF RANCHO CUCAMONGA, ) AVD DOES 1 THROUGH 20, INCLUSIVE ) 13 ; ) Respondents. ) 14 ', ) i~ 15~"~ TO: UtTY OF RANCHO CUCAMONGA 16!I PLEASE TAKE NOTICE that claimant, LORETTA GRONEK, whose ii 171 address is 17148 Owen Street, Fontana, California 92335, JADSES 18~ PAUL GRONEK, whose address if 1 054 28th Street, Highland, 1911 California and MICHAEL STEPHEN GRONEK, whose address is 4233 20II University Avenue, Riverside, California, claims damage from the $1 ~ (CITY OF RFLVCIIO CUCAMONGA) , a local li public L~ntity as defined by California Government Code §900.4, 22 2311 in an amount computed as of the date of their claim as follows: 24 LORETTA GRONEK $250,000.00; JAtdES PAUL GRONEK $25,000.00 and 25j MICILIL'L STEP}(ECI GRONEK $25,000.00, in addition to special damages 2611 incurred. Their c.iaim is based upon the wrongfull death of it 271' JO;GJ GRO:QE[:, arising out of an accident which occurred on 281 O:aober 9, 1980, aC approximately 9:00 a.m. at the intersection of .5 ~ _1_ 1 and continuing along Etiwanda Avenue and San Bernardino Road, in 2 the City of Rancho Cucamonga and County of San Bernardino, • 3 State of California, under the follo'.aing circumstances: Claimant 4 LORETTA GROtfEK lawful spouse, and claimants SAbIES PAUL GRONEK 5 and I.1ICfiAEL STEPHEN GRONER'S natural father, SOHN GRONEK, was 6j proceeding westbound along San Bernardino P,oad near the inter- 7jl section of Etiwanda Avenue in a vehicle being driven by Mathew $~ E. Valko. At said place and time said vehicle struck that of a 9 ~ southbound vehicle along Etiwanda Avenue being driven by Monte 10 i~ Riedell. See the attached copy of the accident report number 1t ~~~~ 1063277-11 attached hereto and made a copy hereof marked Exhibit 9 12 j "A~~ x °a rc;: c°„ 13 i1 At said place and time, and prior thereto said roadways were ~JN 4m ~. boo°I. t;i dangerous and defective in design, maintenance, construction, ~u ;ifuoV t5 j~ repair, engineering, operation and warnings such that said Ni^ e~ 16 I dangerous conditions constituted a dangerous condition that o ,; ~ m created a substantial risk of harm to the t 3 y i~ 17 ype of in'ur herein- 18 alleged when the property was used with due care in a manner that ty I was reasonably foreseeable and intended. 20 Further, TFiE CITY OF RANCHO CUCA.^IONGA 21 ne li entl g g y, carelessly, and unlawfully, owned, maintained, 22 designed, engineered, built, constructed, repaired, operated, 23 controlled, installed, si Haled, ain led, g p posted, striped, 24 supplied and supervised the above described highways and public 25 property, such that said acts coctributed to and proximately 26 resulted in the accident and injuries as are more fully hereir.- 27 after set for tli. 28 II That. at or abtiut said place and lima and prior thereto, th• (/d0 _2_ t' • 2 3 4 5 6 7, i $ I 9 ~~ i ~, 10 I I ~i 11 1 I H oa 12 jl c;: z~°+ 13 f <~~ i Em I ~~°0 14 o~i~ ~'^d°- 15 JzrNZ~ YOZ o mid c' 16 °¢ ~ ` 17 16 19 20 21 22 23 24 25 26 27 • 28 above described condition was not reasonably apparent to, and would not be anticipated by a reasonable person using the propert with due care. The CITY OF RANCHO CUCAh7ONGA had actual knowledge of the condition or should have known of the dangerous condit~un and character a sufficient time prior to October 9, 1980, to have taken measures to protect against the dangerous condition. The names of the public employees whose acts and/or omissions contributed to claimant's injuries are unknown~,to .the claimant at this time. As a result of the negligence and carelessness of the CITY OF R.Af7CH0 CUCAMONGA and the dangerous condition and accident hereinabove described claimants' decedent JOHN GRONEK did suffer injury to his person, proximately resulting in his death on the 10th day of October, 1960. Further, that as a sole, direct and proximate result of said acts and/or omissions and said dangerous condition, and the death of claimants' decedent, they have been and will be in the future deprived of the society, care, comfort and companionship of the decedent and the right to and receipt of past and future support from said decedent and have Further incurred burial and interment costs. All notices and other communications in regard to this claim should be sent to claimants' attorneys Rose, Klein & Macias, 330 North "D" Street, Suite 320, San Bernardino, California 92401. ', DATED: JA;7UARY 14th, 1981 ROSE, KLEIN F MA IAS By:~-~ BRUCE L. DE PAULA Attorneys Eor Petitioners G -3- T.R-A•~FI(: COLLISION REPOh~T ~, ~~ _. -A ^ _ I ' FXHTRTT "A"' ~t ....o..,......... -[. i~ - 80 .,n.l,._I .[..n.n... 0 9o o3GiG [.,.[..,.. //S n~_... i.... /03.277-11 l - ~. .... .. %~ .'• TRtiFFIC COLLISION REPORT \ ~ ... ,~.... _ " .. o' ....... ...e....~ .~. ..~.. .... /obi 77-// . G'1 FACT e ~ DIAGRAM -NARRATIVE ~ VTINUNfION ......,.... ... .,.. o...r .... -...., .. ........ .... ... /o 9 ... 80_ o9a9 03~fo L ~/S /~G3277-/~ ., ......,....,,:.......,........, (o ~ 'S U7P LF. ViE NTAL/NARRATIVE ' . .e. ,...._.....~.... .:-. o..a -.:. .,.-... ,-.:....o. L._... ~.... •~~,,,~„~,~ 10 9 SO 0909 3616 115 1063271-1~ e eo~.,,.e,.,o.. co~uzmn were n. L-..., e. ,, yr',e c ce wswe an c rv w n ...o.,.,,.,... ..:e...,,.... l ; . a wve n.q 0 o,,,~A: Etiwanda Avenue/San Bernardino Road •• t SUPPLEiAEVTAUNARRATIV `c rsK+a~[r "•,•••••"~•••~•`"••• 10 9 80 .'.. 1,'..1 0909 „"•"•~•• 3616 °••"••~°. 115 •••••• ~•••• 063277-11, f e..irsmn R_.O PT 1.-•.~......q m w [ i ~ ~i [u r n gc <o µ s u r~[~ Ow w vowr Ic-•... w......1 0 or~[w tiwanda Avenue/San Bernardino F.oad ~ •• ~Rancito Chcamonga, Bzn SUYPLERiENTALMAF RATIVE rc.,.Y:o~.r .... '. ....~-.. ~.`~.... 10 9 80 ,~_.. o.-, 0909 ...~~,.,_..,, „_~,.-~.,. 3616 115 ,..-... 1063277-11~ ... - oo~~~r~or, A..o.,, ~ .............i ~.oA, i ... ............ 0 o,..:a- Etiwanda Avenue San Bernardino Road Rancho Cucamonga, Sa:,. Bernardino .. ... ~~ Sl1PPLE;.tE ^ITAL/NARRATIVE .a...~.~......~.... 10 9 30 ..-. o._, 0909 ..~~ ,._... 3616 . ~,. 115 ..... ~..~. i 1063277-P' rrn..~k and °~~,.~°., .E.°ar 1....,, e....-.i ~ "°~°~'T m...,, e.......1 °..... Etiwanda Avenue/San Bernardino Road .~..mW... ._.,,......,~. Rancho Cucamonga, San Bernardino SUPP LFM C-MTA UNAft RATIVE rc~.~+o,,.r '°~"~-' ~ ~"~°°'"' 10 9 80 ~"'~°"~ 0909 "°""~~° "'°' ""°' 3616 1115 11063277-1 L~ ~..~ a+.a». i~........,...,i O o+~c A. £tiwanda Avenue/San Bernardino .. `Rancho ~~ JU?PL6NEN7AL/NARRATIVE ra«+,.<~ ,.......~.~-..~,.~.... ,, o=•• 9 ...8a ..,.o.., a!/o ,<,.,,,,... a3G ...~ ........ // ...... ~.... /063X77-%l n rnnrv~c ~wunionucruw.Ic-~..o e. ....p vic co~uz~on ncno n~ L-~ ~ • o.~~..1 o.nca. --"- •ne.n.... e. ,n., ...... ~J t7z u arcQ /.VD ~~ Al E//L;/CN!)A QUE ••• 'S( ~ // '~ / q,y L/~J [rebM ti -SLt/QCJ7NR/d/.U C7 a.. •• •_ ~~ _ ~~.._...~ ---r I ... ,~ F.CS ". CLETS ~ .. ~ ~ ~. .. . : 103180 1529 ~ ~ ~ ~ ~~ :.. PCS 0425 ~ ~ ~ ~ ~~ ~ IiJ RCS ~~ • - .. ~~ .' ,_ .. „~. P.CS ~~ .. ~~ .. ~ ~ CLET3 ~. ~ ~ .. ... • ~ ~ .. ~ ~~ . ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ .- ~ ~ ~ :~-; .. .. ~ ,. ~I . • . • _ .. , 7 J _ w r~~www w~~ ~ j i ~. .cun:y u; .9:,t C:,.. _.,.:ao I CnL`•. r.-.b _.._'_ - _ ... • -'~ ~~ ORDINANCE N0. 132 AN OROINANCE OF THE CITY COUNCIL OF THE CITY OF RANCNO 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. (aj Except as otherwise permitted by this Ordinance, a residential refuse service shall be 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 shall be made against the occupants of each residential unit within the City not exempted therefrom as herein Drovided. The amount of such monthly charge shall be fixed by the Li ty Council by resolution. The City Council may provide for a reduced monthly charge where the head of household of a residential unit is age sixty-two (62j or aver. Refuse collection charges shall be reviewed once annually, in October, and may be adjusted shouid the City Council, in its discretion, determines that adjustment is appropriate; provided, however, no change in amount shall be effective until thirty (30) days after the adoption of a resolution cha~~ging the same. SECTION 2: Method of Rillin Refuse collection charges for each residential unit sha be bi ed by and collected by the collector that provides services to such unit. Refuse collection charges shall be due and payable upon being billed, and delinquent twenty-five (25) days thereafter. SECTION 3: Liabii ity for Payment. [n the event the occupant of a residential unit fails to pa mouse colTectian 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 be 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 coliection charges shall be made during the term that a residentia unit is vacant, provided that written notice of the dates of commencement and te,mination of the vacancy is given to the servicing collector, and further provided that refuse is not set out for collection from such vacant unit. 7~ . VI -.. ' Page 2 SECTION 6: Refuse Defined. "Refuse" shall mean and include garbage, combustible rubbish and noncombustible rubbish. . (a) "Garbage" shall mean and include all kitchen and table refuse, leap: ir~gs, 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 shalt 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-comhusti ble 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~o Tfowing words and phrases shalt 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 designater+ by 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 commmercial unit for the purposes of assigning charges for special collection purposes. SECTION 8: Receptacles Required. Except as provided in this Ordinance, it shall be unla~ui for any person to keep, place or deposit refuse in or upon any public or private property except in refuse receptacles which com01Y with the requirements of this Ordinance. • 7 (0 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 rover 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, Dlastic trash bags or similar receptacles. If cardboard boxes are used, the cardboard boxes along with the oontents 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 ar 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 or plastic receptacles, as above mentioned, or tied with sturdy • twine, rope or wire, in bundles 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) Apartment houses may utilize contractor-approved con~ercial 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 (8) residential units or fraction thereof. (g) Garbage may be fed to animals upon property where animals may lawfully be kept in the City if proper sanitary conditions are maintained. SECTION lo: Expense of Refuse Receptacles. Refuse receptacles required by this Ordinance sha be provided by the occupants of each residential unit or commerical establishment within the City and without expense to the City. SECTIOtI 11: Receptacles: Cleanliness. The exteriors of the refuse receptacles including covers, shall 6e kept clean by the occupant. The interior of refuse receptacles shall be cleaned periodically tr prevent accumulation of grease or decomposing materials. ~~ Page 4 SECTION 12: Placement of Refuse Rece tacles. (a) Except when set out for collection as herein provided, refuse receptacles shall be kept within a building or otherwise out of view from the public right-of-way adjacent to any property. (b) No refuse receptacle shall be placed upon any public street, alley, sidewalk or right-of-way in such a manner as to impede or endanger pedestrian or vehicular traffic. (c) Refuse receptacles and containerized or handled refuse shall be placed at the curb for collection, but not prior to eighteen (18j hours before the scheduled collection day. (d) All refuse receptacles shall be removed from public view the same day collection service is rendered. (e) A71 cortmerc ial-type collection bins or drop bodies shall be placed in an area which is easily accessible to collection 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 b~ a set out for co ec Lion not ater than 6:00 a.m. on the day of collection. Any refuse remaining uncollected after the completion of collection in that block shall constitute prima facie evidence that 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 to be made. SECTION 14: Garbage to Be Wrapped. Garbage shall be wrapped in paper or in plastic adequate to contain it without spillage or leakage before it is deposited in a refuse receptacle. SECTION 15: Destruction of Refuse Receptacles Unlawful. It shall be unlawful for any person to intentionally 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. SECTI OPI 16: Combined Collection. Wrapped garbage, non- combustible and com uu stib a rubbish may he placed in [he same refuse receptacle for combined collection. SECTI OiI 17: Collection Frequency. All refuse generated by residential units shall be collected a minimum of once a week. SECTION 19: Garbage and Refuse Rccumula Lion. Every person owning or occupying any building, lot or premises in the City shall keep such property in a clean and sanitary condition and shall not cause or permit garbage or combustible rubbish [o accumulate for more than one (1j calendar week, or cause or permit non-combustible rubbish to accumulate for more than one (1) calendar month. Any accumulation of refuse for a • Zg uru .e nu. Page 5 • period of time in excess of the times prescribed in this section is hereby declared to he 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 be charged against the person who had the responsibility not to cause the accumulation. SECTION 19: Dangerous and Infected Materfals. (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 bei no in contact with a person or animal who has an infectious or contagious disease. Such clothing, bedding or other article shad 6e 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 disposal by the City Manager. (b) The owner of any dead animal shall cause the body to he removed to a place designated by the City Manager, as soon as possible, at the owner's expense. In the event the o~aner 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 anf mall. (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 is removed by the City. SECTION 21: Contract for Collection Removal and Disposal of Refuse. The City may contract with persons or companies for the collet Lion, removal and disposal of refuse, which contract shall provide, among other things, for the number of collections, manner of emptying receptacles and obedience to sanitary regulations. Said contracts may provide for a franchise fee, fn an amount determined by the City Council, to be paid to the City. SECTION 22: Unauthorized Collectors. Except where a person or company is authorized to continue co ec Lion services pursuant to Health and Safety Code Section 4272, it shall be unlawful for any person, other than the hn ider of a current refuse contract with the City, to collect or to remeve any such receptacle from Lhe place where the same is placed by the person entitled to possession thereof, or to remove the contents of any such receptacle. This section applies only to the collection and removal of refuse from residential units. Ordinance 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 far 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. SECTIDN 24: Deposit of Waste Prohibited. It shall be nnl awful 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 *_he 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. • ~~ 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 6e served upon the applicant in person or 6y mail and shall also be posted in three (3) public 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 Manager shall be final unless written notice of appeal is filed with the City Clerk not more than ten (30) days following 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 sectf on 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 zppeal such action of the City Manager to the City Council. The action of the City Manager under sub'-sections (c) and (d) of this section shall be final unless written notice of appeal is filed with the City Clerk not more than ten (10) days following the date notice of the action by the City Manager ii 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 more than 4500.00 or imprisonment .for not more than six (o) months, or 6y both such ff ne and imprisonment. Any violation continuing for more than one (1) day shall be deemed to 6e a separate violation for each day said violation exists. SECTION 27: Enforcement. IL 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. SECTION 2g: Ordinance Number 117 of the City of Rancho Cucamonga is hereby Repea ed. SECTION 29: Sections 33.021 through 33.0233 of the County Code adopted 6y Reference (Relating to Refuse Collection) are hereby Repelaed. SECT10~1 30: The Mayor shall sign this Ordinance and the City Clerk shall attest to thr. same, and the City Clerk shall cause the same to 6e published within fifteen (15) days after its passage, at lea ;t once in The Oa ilv Re ort, a newspaper of general circulation, published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California, ~I ' Ordinance No. ' Page 8 PASSED, APPROVED, and ADOPTED this day of 1960. AYES: • NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City C~er-k~ • ~a ~~ . -- -QTY OF RAIV(}10 CUCANIOIVGA STAFF REPORT January 16, 1981 T0: CITY COONCIL FROM: Jack Lam, Director of Co~unicy Development SUBJECT: ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT NO. 80-D2-TENATIVE TRACT 1130 (ORDINANCE 130) Please find attached the additional information chat the Council had requested regarding this application. • • 83 CITY OF RAN(7-IO CL'CAr..~"XVGA STAFF REPORT ,r~ DATE: November 12, 1980 T0: Planning Commission FROM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIRONMENTRL ASSESSMENT ANO PLANNED DEVELOPMENT N0. 60-02 TENTATIVE TRACT 11350 - LESNY - A change of zone from R-1-5 single family residential to P.D. (planned development) for 10 acres located on the northwest corner of Hernrosa and Base Line Avenue and the development of a 117 lot townhouse devel- opment consisting of 114 dwelling units APN 202-182-13 BACKGROUND: The applicant is requesting review and approval of a Planned Development consisting of 114 townhouse units on 10 acres of land located on the northwest corner of Base Line and Hermosa Avenue (Exhibit "A"). Approval of a Planned Development constitutes a change of zone. The suh- ject site is presently zoned R-1-5 (single family residential on minimum 5 acre lots) and the change of zone will be to the Planned Development (P, D,) designation. In conjunction with the Planned Development, the applicant is also requesting approval of a tract map consisting of 117 lots (Exhibit "B"). . The site development plans indicate a density of approximately i0.3 units per gross acre. The Interim General Plan indfcates medium density resi- dential at 5-15 d.u./ac for the project site. This project has been reviewed and rated by the Design Review and Growth Management Review Committees in accordance with the residential asses- sment system and the Growth Management Ordinance. The project received a total rating of 86 points and met all minimum point catagories within the rating. the Planning Commission originally reviewed this project at its meeting of October 22, 1980. Staff had recommended some site plan changes which the Commission did not fully agree with. Therefore, the applicants have made minor revisions relative to huffering and fire access. ANALYSIS: The pro iect density of 10.3 units per acre is consistent with the Interim and proposed General Plan. Should the Commission act favor- ably upon this project, then the Planned Development zone designation will be applied to this subject property pending Council approval. The development plans, as proposed, are consistent with the development standards contained within the Planned Development zone designation. Tfie land use and zoning of the surrounding properties is as follows. ~y F • Staff Report November 12, 1980 Page 2 LANG USE North South East West Single Family Residential Single Family Residential Mobilehome Park Single Family Residential ZONING R-1 R-1 R-3 R-1 There are n0 single family residential streets which abut the project site. The project site is bordered by the rear yards of single family residences on the north and west sides of the properties. These rear yards are pre- sently separated from the proposed site by a 6 foot high wood fence. The developer originally had shown only a 5 foot landscape buffer along the north and west property lines. A revised plan will be available at the Punning Commission meeting along with sections for those areas to ;ndicate a full 10 feet of landscaping, It is recommended that these areas. be densely landscaped. The project, as proposed, meets all building setbacks, lot area and parking requirements. The subdivision map has been prepared in accordance with the State Subdivision Map Act and the City Subdivision Ordinance. The City Engineer is recommending that the east side of Hermosa Avenue De • widened and improved ,` the same time the west side is improved in front of the project site. In such a case, the City would enter into an ayree- ment with the developer for construction and reimbursement. Further, the City Engineer is recommending that the new street improvements incorporate the use of native rock into the new design to mai nt:ain the character of the area. The conceptual landscape plan indicates a substantial amount of landscaping and mounding on the interior of the project. The project appears that it will meet the Commission's criteria of 50 trees per acre. Various pedes- trian sidewalks interconnecting the units with open space areas are provided throughout the site. Curvelinear sidewalks and mounding are Deing provided along both street frontages. The Oesiyn Review Committee reviewed the building elevations and archi- tec turaT design of the project and were very satisfied with the style of the buildings. The Comni ttee did recommend that the final roofing material be subject to Staff review and approval prior to issuance of building per- mits. Colored renderings and elevaticns will be available for your review at the Planning Commission meeting. The developer is proposing to provide the following special project features within this development: - Solid core exterior doors and security deadbolts • - Preplumbed units for solar heating systems - Energy conserving building materials and appliances GS C. Staff Report November 12, 1980 Page 3 Option to the home buyer to purchase a solar collector system The project proposes to provide 15% of its dwellings at afford- able housing range, consistent with the Growth Management Plan definitions. • Attached is Part I of the Initial Study as completed by the applicant. Staff has completed the environmental checklist and afield investigation and has found no significant adverse impacts upon the environment. CORRESPONDENCE: A notice of public hearing was placed in the Daily Report Newspaper. In addition, approximately 60 public hearing notices on the pro- posed Planned Development zone designation were sent out to surrounding property owners. To date, no correspondence has been received. RE COMMEil0ATI0N: Two separate actions are required by the Planning Commission if approval of the project is given. if the Commission concurs on the approval of this project after consideration of all public hearing input and staff findings, then a Resolution recommending approval of the Planned Development designation to the City Council is provided for your adoption. In addition, the Commission should instruct staff to prepare the final Resolution of Approval for the tentative tract map, with conditions, for their adoption. Attachments Exhibit "A" -Location Map Exhibit "B" - Tract Map Exhibit "C" -Site Plan Exhibit "D" - Grading Plan Exhibit "F" - Landscape Plan Exhibit "G" - "L" - Duildiny Elevations Part I, Initial Study Reccimnended Conditions of Approval Resolution on Planned Development Approval gf r • 0 I1~~I IY/M /wwll ~~~ ~n~4 t m .,,..~... ~ ill m ~-~:: YfQR ®p-~.~~- t~ KORTH CITY (7P PLANNI\C DI~'ISIQ\' IT[i~l ~ ~ ~ ~5~ TITLE ~~~ Mi~ L'\IIIIi1T ~-sc~~e NTS. $~ f=- f,= (;ORTH CI"1~Y OF rL:\~~I~c ~i~~~s~o~ Ire.\1: ~ 11350 TiTLe: T'ClAGT MAP y Ir L'\I IIIi1T ~ SG\LE: , T.5 . S `3 • PROJECT SUMIAARV YMI YwiMMwll MRMM 1i[Ix[Y[bY Wil YIY[YMMw~ '~ • ••SL. I MMIM IWYCI IbW[I YIINllIY16Y1 CITY OP R.1\('I-IO CL'G1~I0\G~~ ~=- V t\ORTH ITe~I: TR 11350 TITI.I: SIjE P~nI L'\IIIIIIT~~_SG\LE~ ~.T.S~ BR ~- ~' J Il I ..J ~ It ~--- '.,I\t I !s;~ , `~ ~ ~ ~ Et ;` _._..... ~ \ t , _ _,..,, i I .l~ ~i .. • ~' ,;~ I -~,~ n .,..........~..... ._~_ . ...r..... l~ _ ~. n.r~r. ~.~ t/ V t\ORTH CITY OP ITe~I: 71z 11350 R~~~CI-IO CL"G~~IU~Lr~ TITLG ~O~n~N6 PLAN PLA\NI\L DI\'ISIU~; I_\IIIIiIT~ v D SG~LE ~,TS• 9a ~' • P4MT .1M TFRU~~ Yw e 1 f I ' ~ C~3 m....w....,......... f e I~~ E s~.__.~..,.._ ! t\ORTfi CI"I'Y C)1' ITr.\I: TR II'>~o R:1\CI-IO CL'C:1JI0\G~1 TITLe:1ANn~AFE ALAN PLA\\I\G DI1'ISIQ~' GXI1112IT ~_ SG\LE _11~ •T.5 . ql {` r110XT lIXY~TIOX • ~~ -YLL.ir~.SYMi ii Mti ...r' urT uerrno~ ~{{~~ 4 ~ ~ 1 X1aeT nXVO1oX X411 KlY~t10X V FORTH CIT1' <)P IZ:1~CI-IO CL'C:1JI0\G~1 PL,\\~I\'G I~I~'LSf(1~ ITr\1 -['~ 11~5D f\I IIISIT:~_ SG\LE ~ ~T.S 9~ • u~~ ntr~troe ~..•... ti }~. ' . ~Y~, ~ n11 ~A LIT LL~YITIOM ~- Ff %~, S 11~ ;a~ 7 yRjr~„ ,..~.s ii II ~ ~wr ~i V ~1 t\ORTH CITY OP R:~\CI-IO CL'CA110\C~1 PLC\N\I\G Di~'LSIO\ ITC.~b ~J?fj~0 TITLE ~.ay ~I;LE~IATI[~t)~ \I IIISIT ~_SG\LE AI rS . q3 LNOMT LLLY~iION ~ry' r'^yV ••• mr ntvenoN ~ ~ '~:~~~a1Gw.iNa_ Nmxr utnnon • ~~ -w ~ . a ~ .,t C~~j~ - , s L ^yb Y~ ,~ .,~ rr •. ~, u ~j ,• K~ ~jLy~~~.N~~ y ~ '~ Y ~~ x n. ~ .~ ~~ 1siTi ~ ~ s -• gLn lltrlBeN w V V C\ORTH CI"I'Y OI' Ir~~a Tfz- 1135D R:1\CI-IO CCG1~I01G~1 TITLG ~.(~• EL~VA'~/DNS PLAN`I\'G DI\1510~; ezHn;ITa_sc\LEI ~.'Cs . ~~ • ., ~~ ~_. illOn} tl[Y•TIOx V ~~' ~ Sy +I~~ ®® ~~ , .YT --~Ll~ [ID[[ [L[V•VIOM • III.111LIYIt10N f ~ ~~I 1 ~` A i ~ ~, r i~.~ r V V ~ORT{i CITY Ol' ITr•.~I. ~. ~I'f0 R:1\CI-IO CL'G1~I0\C:~ T,T,,~: >~L~. ~,EVAr~ I-O~Ncs PLANNI\G DI\'ISIO~i li\I IIIIIT ~SG\LE ~_ qs ..~ nDfr rtooN .ux F- 'r~.- ~ _ i fr WONT [\fV\TION '~,~~' ,,_ •1i ~ ~~g nor urvNnan • Ilx\II xINVxllex V V FORTH L~ r~T ~~t' ITI;~I~ 7¢ II~b ti:~~ct-to cLC.~~to~c~~ TITLE: ~-rv. ~vArID~iS PLANNING DI\•LSION EXI 11131T -~- SG\LE (~ T S • • 9~ C" (` • YLR MOVT 66 L~~T!C;~ #~ r'~ „ram "'.. I .~ =a,~. . R.. 4 Ll .... - Y ~y~;...,, ~: • ~~- `4 1Ll~i R~w~new _ .:~w~ T ~"~ Wile .n.' Y ~: i. ;~.;~ .~. .,o.. «~.,.,e. 407\ 0.~~ ~.T. vV C\ORTIi CITY OI' Irr~l: TfZ ll~~ R,1\CI-IO CL'G1JI0\G~1 TITLE P1LD(77• ~LEVATIDNS PLA\~I\G DI\'ISIO\' 1~\IIIIiIT:~_SC.\LE nl.'~'S. q7 '~ 1 \ 1 CITY OF RP."ICIIO CDf.AI10NGA INITIAL STUDY J PART I - PROJECT INfb RNATION SKEET - To be completed by applicant Environmental Assessment Review Fee: $70.00 For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the F.nvir otvne ntal Analysis staff will prepare Part II of the Initial Study. The pevclnpment Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The committee will maY.e one of three determinations: 1) The project will have no env ironme rtal impact and a Negative Ur_claration will be filed, 2) The project will have an environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further information concerning the proposed project. • PROJECT TITLE: Hermosa Townhomes Ten[a rive Trac[ No. 11350 A PPLICALT'S NAh1E, ADDRESS, TELEPHONE: Lesr.v Development Co. ~p An. 559fi nnvnrl y,_}1; 11 c. Ca. 90210 (2131 653-7117 NA h1E, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCE RPiING TFIIS PROJECT: Frank Williams 716 E. "E" ST. ~n[a rig. CA. 91764 (714) 986-5818 (AS SOC is ted Eneineers) IAG11'ION OF PROJECT (STREIiT ADDRESS Af:1) ASSCSSOR PA iiCP;L NO. ) No rc h'.+esc corner of Ra se Line and Ile rmosa Avenue Assessors Pa rrel No.: 202-/82-IJ IS ST OTiIER PE RI~I7TS PIECCSSe11i'i FRON IAC\L, RC.G 1DidA L, STA'F F. AND FED DtiA 1. AG E21C IU5 AND TILE AGENCY ISSUING SUCH PERMITS: Public re oo r[ from Lhs_CiliEo rnia Division of Real Es[a[e _ Fire svs[em aooroval from [he Foothi It F[re Dis[ric[ and Cucamonga Corm [v iJa [cr Dis[ric[ • I-( • PROJECT DESCRIPTION DESCRZPT ION OF PROJECT: Construction of IIA unit planned ~nir development consisCine o£ clusters of 4 and 6 unit buildines. Recreation Eacili ties inc ludin¢ a pool and rec. building shall be tons[ tutted Aop roximately 1R.5% of the units shall be priced as affordable housing. Zone chanec from existing R-I-S to P0. Proposed densi[y is 10.3 units per gross acre. ACREAGE OF PROJECT AREA AND SQUARE kY)OTAGE OF EXISTING At4D PROPOSED BUILDII4GS, IF 71+NY: Proiett area= 11.0 Acres (dross). 10.0 Acres (net) Exis[i ne buildin¢5 covet 6540 S.F., proposed buildi n¢s DESCRICE T[IF.~ENVIRO NDiE ^1TAL SETTING OF TFIE PROJECT SI'PE ' INC LIiD IidG INFO RAiATION ON TO FOGed\PHY, PLq?7T5 (TREES), AN ITV+LS, ANY CULTURAL, HISTORICAL OR SCECiIC ASPECTS, US P. OF SURROUNDING PF.O PEAT IES, AND TIIE Dk:SCRIPT ION OF ANY EXIST I:IG STRUCTUP.ES AND TfiEIR USE (ATTACH NECESSARY SHEE'CS) T6w (yrltJ wnr circa < nrw wetly in +ca a< a cirrnc erovw with am=11 re =_ide nce and out buildi nos. To the east of the proo~ty= across Hermosa Avenue- is a mobile home oa rk. To [he north and • vest are sine le family residences. To [he south, excepting tvo - h ndrwd fever atones [hw c th <i des of B L' t f N i a A aro__ ele family rw c_idences. The [vo hundred feee vest of Hermosa can At rw rt ly urh of Aa cw Li ct ac a _i[nw ~pve with a residence. The southeast cornerrof the intersect[ on of Ba seLine__ and Hermosa Ave. is a Spuchern Ca iifornia Edison Co. substation. - Wi Ldli Ee consists of ¢round rodents. birds common to reslde_nt ial li rds d sects Is the proj^ct, part of a larger project, one of a series of cumulaCivc actions, which although individually small, nay as a whole have sign if ~~ane envirmvmenta l' impact? • 1- ~. .. = ~ ~- ~ . ~ WILL T117S PI:OJrCT: YES P70 • ~_ 1. Create a substantial change in ground contours? ~~ 2. Create a substantial change in existing noise or vibration? ~, 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? __ 4. Create changes in the existing zoning or general plan design~t io ns? x 5: Remove any eristing trees? How many? crc arr.nlJ '~_ 6. Create the need for use or disposal of potentially lla zardovs materials such as toxic substances, flammables or explosives? ~~ Explanation of any YFS answers above: Existing usage of the ' [ s't 's as citrus trove- citrus trees c:i lL be removed pr~ to beginnine construction. Some Gtees may be saved if finished Cra~_s taus close ro exls[i ne Yround around trees. Zone chance from R-1-i to PD (Density I0.3 units oer Bross acre). I MYJ RT I:T: If the project involves the construCtioR of residential units, complete the form on the next page. CERTIFIC \T 10 C1: I hereby certif}' that the statements ft+rn fished above and in the attached c>;h ibiC> present the data and into rn:nC ion required for this iniCial evaluation to the best of my aL+i liCy, and thaC the factr•, :a aCcmunts, and i.n form Ci.on prn;:ented are true and correct to the besC of my ):nowlcdgc and belief. I furtl:cr understand tlvk a ctd itio nal in Cn r+aat irn mnv b.; rr.nuired to be submitted be f.o rc r.n adrgva to evaulat•ion can be made by ~e ue vrlopnrnc Revicu' Cnr.+m iCtce. ~/f'~'^ - Date t~-:Ll/tC Signatur~~~~~ -TT-- LTA TiCle ,~X~Cc. ~+~`< V P, Z 3 /6 0 ~ F-- t LtaslncNTIAL corL,Tmlcxxo*; The followinei information should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: i.a ~„T nyo ij nm,,,r cam, Specific Location Of Project: Northwest corner of Ba seLine and Hermosa Avenue PHASP I PIIASL 2 PHASL> 3 PIIASP 4 TOTAL 1. Numi~er of single family units: 114 2. Numher of multiple family units: o 3. Gate proposed to • be9ir, cons t-ruction: 1 Bi 4. Earliest date of occupancy: 6/gL _~ Model 'I and of Tentative 5. Bedrooms Price P.a nee A-1 "A" antes priced per afforda6 Le housing trite ria of [he city B-I nlus re [rent Price no[ vet de[e rmined C-1 nlus lib ra rv Price not yet determined n-> Price nn[ vet determined r-~ !'rice not yet de[ermi ned ® ___._ ~~ ~. RESOL OTi UN N0. g0-66 A RESOLOTION OF THE PLANNINf, COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITI INIALLY APPROVING TENTATIVE TRACT MAP N0. 11350 (P.D. ~80-OZ) WHEREAS, Tentative Tract Map No. 11350, hereinafter "Map" submitted by Lesny Development, applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as the development of a 114 unit planned development located on the northwest corner of Hermosa and Base Linedividing 10 acres into 117 lots, regularly came before the Planning Conuniss ion for public hearing and action on November 12, 1980; and WHEREAS, the Director of Community Development has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Divisions reports; and WHEREAS, the Planning Conmiss ion has read and considered the Engineering and Planning Divisions reports and has considered other evidence presented at the public hearing. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as Follows: Section 1. The Planning Commission makes the following f lnd ings ~in regard to Tentative Trac[ No. 11350 and the Map thereof: (a) The tentative tract is consistent with all applicable interim and proposed general and specific plans; (b) The design or improveinen is of th~z tentative tract is consistent with ail applicable interim and proposed general and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their ha hi ta[; (e) The tentative tract is not likely to cans= ;erio~,~s (f) The design of the tentative tract will not conf Pict with any eaz event acquired by the cobtic at lar;e, now of record, for access through or use of the property within the proposed subdivision. L I /6~. Resolution No. C ~~, Page 2 • (g) This project will not create adverse impacts on the environment and a Negative Declaration is issued. Section 2. Tentative Tract Map No. 11350, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: Planning Division I. The project must be consistent with the General Plan and all of its policies and guidelines at the time of final ' map approval for subdivisions and at the time of building permit issuance far all other residential projects. 2. Prior to approval and recordation of the final map, or prior to issuance of building permits, when no subdivision map is involved, written certification from all affected School Districts, shall be submitted to the Department of Community Development which states that adequate school facilities are or will be capable of acconmfoda Ling students generated by this project. Such letter of certification must have been issued by the School District within sixty (60) days prior to the final map approval in the case of the subdivision map or issuance of permits in the case of • all other residential projects. . 3. Prior to approval and recordation of the final map, pr prior to the issuance of building permits when no map is involved, written certification from the affected wa te'r district, that adequate sewer and water facilities are or will be available [o serve the proposed project, shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within sixty (60) days prior to final map approval in the case of subdivision or issuance of permits in the case of all other residential projects. For praj ects using septic tank facilities allowable 6y the Santa Ana Regional Water Control Board and the City, written tertif nation of acceptability, including all supportive information, shall be obtained and submitted to the City. 4. All slope ba mks in access of five (5) feet in vertical height shall be landscaped and irrigated in accordance tai th slope plantino requiremen is of the City of Rancho Cucamonga. Such slope planting shall include but not be limited to rooted ground cover and appropriate shrubs and trees. A11 such planting and irrigation sh 311 be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied S 6y the buyer. prior to releasing ottupancy for those units, an inspection of the slopes shall be completed by the Planning Staff to determine that it is in satisfactory condition. l~ ~,i Ali fle. Page 3 5. This approval shall become null and void if the tentative subdivision map is not approved and recorded or building . permits issued when no map is involved, within twelve (12) months from the approval of this project unless an extension has been granted by the Planning Conmission. 6. Solid core exterior doors, security dead bolts and locks shall be installed on each unit in this project. 7. Security devices such as window locks shall be installed on each unit. 8. A sample of the proposed roofing material shall be submitted to and approved by the Planning Division prior to issuance of building permits. 9. All units within this development shall be preplumbed to be adapted for a solar heating unit. 10. This development shall provide an option to home buyers to purchase a solar heating unit. A copy of the sales material shall be submitted to the Planning Division prior to sales activity. il. Adequate emergency fire access landscaping shall be provided along the north and west property lines. • 12. A full ten (10) feet of dense landscaping shall be provided along the north and west property lines. 13. A71 dwelling units shall be provided with an automatic garage door opener. 14. Plo parking shall be permitted within the interior circulation aisle. C. C. & R.'s shall be developed by the applicant and submitted to Che City Planning Division prior to issuance of building permits. I5. All landscaped and open areas shall be continually maintained by a Homeowner's Association or some other method acceptable to the City. Proof of such maintenance shall be filed with the City Planning Division prior to issuance of building permits. I6. A detailed lighting plan shall to submitted ind icatino the style, illumination, location, and the height of all exterior lights to be located nn the project sitg. Such lighting shall be so designed [o shield adjacent prnpe r[ies from light and provide only necessary lighting needed for sec m•i ty to the developmen [. Such plans shall be submitted to the Planning Division for review and approval prior [o issuance of building permits. • /6y Resolution No. /" ~, Page 4 • 17. All swinming pools installed with the development of this project shall be solar heated. 18. Trash pick-up service shall he provided to each individual unit and containers shall be kept out of general view from the street. 19. The C. C. 6 R.'s shall restrict the storage of recreational vehicles on this site unless they are the principle source of transportation for the owner. 20. Standard patio cover plans shall be submitted to and approved by the City Planner and Building Official prior to occupancy of the dwelling units. 21. Prior to grading or any work on the site, the applicant shall contact the Director of Conmunity Service to determine if the existing structure is of historical significance which would warrant its relocation by the applicant for preservation. 22. Final parcel and tract maps shall conform to City standards and procedures. • 23. Details of the retaining wall and grading technique along the north property line shall be included in the final grading plan. 24. Turf block access shall be provided from the visitor parking area Lo the circulation aisles leading to the dwelling units. 25. SDeed bumps sha 11 be provided along the north and west driveway. 26. All buildings numbers shall be identified in a clear and concise manner, including proper illumination. Enoineerinn Division 27. Easements for sidewalY,s for public uses contiguous to Hermosa Avenue shall be dedicated to the City. 23. Design aM install anon o` cote!, basins en the pe•~`.-='=r streets for• future connection to the master planned storm drains, shall be required. The openings of the catch basins shall be plugged in a manner suitable to the City Engineer. The cost of installation will be credited to the drainage fees for the project. J ~4 Resolution llo. Page 5 29. The developer shall widen the east side of Hermosa • Avenue including curb, gutter, sidewalk, driveway approach, street lights from Base Line Road to the S.P.R.R. and on Base Line from Hermosa to 600 feet east to the required width of the master planned streets. The construction cost of this widening will be reimbursed ' by the City. The applicant shall be responsible for the design. The applicant sha it enter into a cooperative agreement with the City for the construction of and the reimbursement for this widening project prior to issuance of any permit for the project. 30. The unique character and flppea ranee of Hermosa Avenue and Base Line Road, with its unique rock work, shall be incorporated into the widening project. A conceptual plan in perspective view showing this special feature shall be submitted to the Engineering and Planning DeparUnents for approval. 31. A cash deposit shall be required to cover the cost of the grading and paving on Base Line Road prior to issuance of building permits. On completion of the grading and paving, to the satisfaction of the City Engineer, the cash deposit shall be refunded. 32. All existing easements lying within the future right-of-way • are to be quit claimed or delineated, as per the City Engineer's requirements, prior to recordation of the tract map. , 33. All perimeter landscaped parkways are required to be annexed into the landscape maintenance district. 34. Landscaping and irrigation systems required to be installed on public right-of-way perimeter of this tract area shall be continuously maintained by the developer until accepted by the City and annexed into the landscape maintenance district. 35. Final plans and profiles shall show the location of any existing uti ltiy facility that would affect construction. 36. Adequate provisions shall be made far acceptance and disposal of surface drainage en [e ring the property from adjacent dl'ed$. 37. Concentrated drainage flows shall not cross the sidewalks. Under sidewalk drains shall be installed per City standards. /d6 Page 6 /' \ ~l • APPROVED ANO ADOPTED THIS 26TH DAY OF NOVEt16 ER, 1980. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Richard Da h'l I, Chairman//~I/ ATTEST: ~ 1~.C(~ ~--t't~~l Secretary of the Planning Commission I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucanonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Dlanning Conmission held on the 26th day of November, 1980 by the following vote to-wit: AYES: COMMiSS IONERS: REMPEL, SCERAN KA, TOLSTOY, DAHL • NOES: COMMISSIONEPS: NONE ABSENT: COMMISSIONERS: KING • ~~ 7 CW ~' UEPARTDIENT OF COpi"UNITY DEVELOPMENT STANDARD CONDITIONS Subject:_pja nned De 1 rm i N AD nP d T t • _~ ' t'i_ T t h 11 750 APPlicar.t: i e,. ,, e,. n......i_~__. Location: NWf Nar,mn ca a d R I ' Those items checked are conditions of approval. APPLICANT SHALL CONTACT THE PLANNI[JG DIVISION FOR COMPLIANCE WITN THE FOLLOWING ' CONDITIONS: ;'}~; A. Site Development ' ~_ 1. S~Yte shall be developed in accordance with the approved site plans on file in the Planning Division and the conditions contained herein. ~_ 2. Revised site plans and building elevations incorporating all conditions of approval shall 6e submitted to the Planning Division prior to issuance of building permits. ~ 1. Approval of this request shall not waive compliance with all sections of the 7.oning Ordinance and all other applicable City Ordinances in effect at time of Building Permit issuance. • 4. The debeloper shall provide all lots faith adequate sideyard area for Recreation Vehicle storage pursuant to City standards. X 5. Mail boxes, in areas where sidewalks ace requited, shall be installed and located by the developer subject to approval by the Planning Division. X 6. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with view ohst ruc Ling gates pursuant to City standards. Location shall be subject to approval by the Planning Division. 7. If dwe flings are to be constructed in an area designated by the Foothill Fire District as "hazardous:, the roof materials must be approved by the Fire Chief and Planning Division prior to issuance of a building permit. e, The developer sh 311 intec razz a varinty of aonreved roof materials and colors into the. design of the zes idential development in a manner which is both compatible. and complimentary among each of the residential units. X 9. All roof aoourtenan ms, includ inq air conditioners, shall be architecturally integrated, shielded from v(ew and the sound huffereA from adiarent properties and streets as required by the planning and Pui Ld inq Divisions. X 10. prior to any use of the pm jert site or business activi t}' being commenced thereon, all conditions of .approval con to fined herein shall be completed to the satisfac Ci,on of the Director of Co.~munity Development. • /a g ~~ B. Parking and Vehicular Access • 1. All parking lot landscaped islands shall have a minimum inside dimension of 4' and shall contain a 12" walk adjacent to parking stall. 2. Parking lot lights shall be a maximum height of 12' Erom the finished grade _ of the parking surface and directed away frort~ all property lines, adjacent streets and residences. X 3. Parking lot trees shall be a minimum 15 gallon size. X 4. All Cwo-way aisle widths shall be a minimum of 24 feet wide. X 5. Emergency access shall be provided , maintenance free and clear, a minimum '~~ of 24 feet wide at all times during constn~ction in accordance with Foothill Fire District requirements. X 6. All parking spaces shall be double stripped. C. Landscaping X 1. A detailed landscape and irrigation plan s;iall be submitted to and approved by the Planning Division prior to the issuance of building permits. • X 2. A Master Plan of the Existing On-Site Trees Shall be provided to [he Plannipq Division prior to the issuance of building cermits and prior to grading to determine which trees shall be retained. X 3, existing eucalyptus trees shall be retained wherever possible and shall be trimmed and topped at 30'. Dead, decaying or potentially dangerous trees. shall be approved for removal at the discretion of the Planning Division during the review of the Master Plan of Existing On-Site Trees. Those trees which are approved for removal shall be reolaced on a tree -Eor-tree basis as provided by the Planning Division. X 4. Street trees, a minim'~m of 15 gallon size or larger, shall be installed in accordance with the Ma; ter Plan of street trees for the City of Poncho Cucamonga and shall he planted at an average of every 30' on interior streets and 20' on exterior streets. X 5. A minimum of 50 trues per yross acre, comurised of the following sizes, shall be provided within the development; 204-24" box or larger, 704-15 gallon, and 108-5 gallon. X 6, nll landscaped areas shall 6e maintained in a healthy and thriving condi- tion, Eree from weeds, trashy and debris. • l O I ~ ~_. D. Si ns X 1. Any signs proposed Ear this development shall be designed in con Eermance • with the Comprehensive Sign Ordinance and shall require review and approval by the Planning Division prior to installation of such signs. 2. A uniform sign program for this development shall be submitted to the Planning Division £or their review and approval prior to issuance of Building permits. E. Recreation 1. The developer is required to obtain the following signed statement by purchasers of homes which have a private or public equestrian trail on or adjacent to their property. In purchasing the home located on Lot Tract on (date) I have read the CCSR's and understand that said Lot is subject to a mutual reciprocal easement for the purpose of allowing equestrian traffic to gain access. Signed • Purchaser Said statement is to be filed by the developer with the City prior to occupancy. F. Additional Approvals Required 1. Director Review shall br. accomplished prior to the issuance of a Building Permit. 2. Director Revi rw shall he accomplished prior to recordation of the Einal subdivision map. X 3. Approval of Tentative Tract No, _11350 is granted subject to the approval of Planned Cev elDpment "'o. 9^-C7. 4. This Conditional Use Permit is granted for a period of month(s) at wh irh time thn Planning Come is sion may add or delete conditions or [evoke 'he Conditional Use Pc rmit. • // O ~. ~ APPLICANT SHALL CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING • CONDITIONS: G. Site Development X 1. The applicant shall comply with the latest adopted Cniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of approval of this project. X 2. Prior to issuance of building permits Eor combusC ible construction, evidence shall be submitted to the Foothill District Fire Chief that water supply for fire protection is available. X_ 3. Prior to the issuance of a building permit for a new residential duelling unit(s) or major addition to an existing unit (s)r the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking fees, and school Eee. 4. Prior to the issuance of a building permit for a new commercial or industrial development or addition to an existing development, the aPPlicant shall pay development fees at the established rate. Such fees may include, but not he limited to: Systems Development Fee, Drainage Fee, Permit and Plan ~ •^ Checking fees. • X S. This approval shall become null and void if building permits are not issued foc this project within one year from the date of project approval. X 6. Street names and addresses shall be provided 6y the building offical. H. Ex is tin4 Structures 1. Provide compliance with the Uniform Building Code for property line clearances considering use, area and fire-resistiveness of existing buildings. 2. Existing bu ild in4 (s) shall be made to comply with current Building and Zoning regulations Eor the intended use or the building shall be demolished. 3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appcopr late grading practices and the Uniform PLumbing Cade. -*. Grad inc ' % 1. ,radinq of the suhject property shall be in accordance with the Uniform Building CWe, City Grading Standards and accepted grading practices. ~~ ~ ~. 2. A soils report shall 6e prepared by a qualified engineer licensed by the State of California to perform such work. • 3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the time of application for grading plan check. ~, X 4. The Final grading plan shall 6e subject to review and approval 6y the Planning, Engineering and Building Divisions and shall be completed prior to Yecordation of the final subdivision map or issuance of building permit whichever comes first APPLICANT SHALL CONTACT THE ENGINEERING DIVISION FOR COMPLSANCE WITH THE FOLLOWING CONDITIONS: ' J. Dedications and Vehicular Access I. Dedications shall be made by final map of all interior street rights-of-~••ay and all necessary easements as shown on the tentative map. % - 2. Dedication shall be made of the following missing rights-of-way on the following streets: 27' additional .feet on Base Line ROad ~~' additional feet on Herm0 $a Ve, d^ a Vdr ld a Wt On additional feet on eP11105a RV e. at t e lnter5 ec ton 0 Base Line per tentat ve trac map. X 3. Corner property line radius will 6e required per City standards. ~'~ 4. All rights of vehicular ingress to and egress from shall be dedicated as • follows: ~_, 5. Reciprocal easements shall he provided ensuring access to all parcels oveY private roads, drives, or park inq areas. z 6. Adequate provisions shall be made for the ingress, engress and internal circulation of any trucks which will be used for delivery of goods to the property or in the opera[ion of the proposed business. K. Street Improvements 1. Construct full street improvements includ inq, but not limited to, curb and gutter, A.C. pavemont, sidewalk, drive approaches, parkway trees and street lights on all interior streets. • ~~~ • *On Hermosa, the pavement shall be P.C.C. at the intersection and replacement ; of all P.C.C. pavement is required on Base Line between W. property lW~ghaq$r~p~aprsectior ,~_ 3. Prior to any work being performed in the public right-of-way, an encroac - ment permit and fees shall be obtained from the City Engineer's Office, in addition to any other permits required. ~_ 4. Street improvement plans approved by the City Engineer and prepared by a Registered Civil Engineer shall be required, for all street improvements, prior to issuance of an encroachment permit. X 5. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney, guaranteeing completion of the public improvements, Frior to recording of the map or the issuance of building permits, whichever comes first. • X 6. All street improvements shall be installed to the satisfaction of the City Engineer, prior to occupancy. X 7. Pavement stri~inq, marking, traffic and street name signing shall 6e installed per the requirements of the City Engineer. L. Drainage and Flood Control X 1. The applicant will be res nonsihle for construction of ail posits drainage facilities required by the City Engineer. 2. Intersection drain= >+i 11 be required at the following locations: % 3, The proposed project Falls within areas indica teal as subject to flooding under the National Flood insurance Program and is subject to the provisions • of that program and city Ord inanre no. 24. 4. A drainage channnl and/or Flood protection wall ~.aill he required to protect the structures by dive rt inq sheet runoff to streets. 2. Construct. the following missing improvements including, but not limited to: STREET NAME C[IRH F CUTTER A.C. PVMT. SIDE- WALK DRIVE APFA. STREET LIGHTS A.C. OVERLAY WHEEL CHAIR RAMPS OTHER B se ins X X X X X X edian 'stand Hermosa* X X X X X X /~ . ~ ~-- x 5. The ffermosa AVeflue shall be designed as major water carrying streets requiri::g a combination of special curb heights, commer- . cial type drive approaches, rolled street connections, flood protection walls, and/or landscaped earth berms and rolled driveways at property line: M. Utilities X 1. All proposed utilities within the project shall be installed underground including utilities along major arterials less than 12 IN. ,~(_ 2. Utility easements shall be provided to the specification of the serving utility companies and the City Engineer. ~_ 3. Developer shall be responsible for the relocation of existing public utilities, as required. X 4. Developer shall be responsible for the installation of street lighting in accordance with Southern California Edison Company and City standards. % 5. Water and sewer system plans shall be designed and constructed to meet • requirements o£ the Cucamonga County Water District (CCWD), Foothill Fire District and the Environmental Health Department of the County of San Bernardino. A letter of compliance from CCWD will be required prior to recordation. X 6. Aporovals have not been secured from all utilities and other interested agencies involved. Approval of the final map will be subject to any requirements that may be received from them. W. General Requirements and Approvals 1. Permits from otter agencies will 6e required as follows: _A. Caltrans for: _B. County Dust Abatement (regmred prior to issuance of a grading permit) _C. San Be rnardinn County Flood Control District O. Other: X 2. :~ cony of the Covenants, Conditions and Restrictions (GCS R's) and • Articles of Inco rpcration of the Homeowners Association, subj r. ct to the approval of the City Attorney, shall be recorded with this map and a copy provided to the City. ~~~ ~ ~ 3. Prior to recordation, a Notice oC Tn tention to form Landscape and Lighting Districts shall be filed with the City Council. The engineering costs • involved in District Formation shall be borne 6y the developer. X 4. Final parcel and tract maps 5ha11 confozm to City standards and procedures. • /' 7 ~- ~ ORDINANCE N0. 130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of RANCHO • CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 202-182-13 FROM R-1-5 TO P.D. LOCATED ON THE NORTHWEST CORNER OF HERMOSA ANO 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. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning 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 described real property is hereby • rezoned in the manner stated, and the zoning map is hereby amended accordingly. R-1-5 (Single family residential) to P.D. (Planned Development) Said property is located on the northwest corner of Hermosa and Base Line, known as Assessor's parcel No. 202-182-13. SECTION 3: The Mayor shall sign this Ordinance and the Lity Clerk shall cause the same to 6e published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the Cfty 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: • u en assennan, t y er / 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 ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND HARING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. The City Council of the City of Rancho Cucamonga, California does ordain as follows: SECTION 1: Chapters 1, 5, 6, and B of Division 3, TI[le 6 of [he San Bernardino County Code adopted by Ordinance 17 are hereby repealed. SECTION 2: For the purpose of providing minimum standards [o safeguard life, limb, proper cy and public welfare by regulating the desing, construction, quality of materials, use and occupancy, location and maintenance of buildings, structures, those cer Cain codes known as the "Uniform Building • Code", the "Uniform Housing Code", the "Uniform Code for Abatement of Dangerous Buildings", the "Uniform Sign Code", the "Uniform Building Security Cede", and [he "Uniform Build inR Code Standards", 1979 editions, prepared and published 6y the In[ernat Tonal Conference of Building Officials, including all their indices and appendices, and except said portions thereof 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 the City Clerk for public record and inspection, are hereby adopted by reference and made a par[ of this Ordinance in full, subj ecC, however, [o the amendmen [s, additions and deletions set forth in this Ordinance. In [he event of any conflict or am6lguicy between this Ordinance and said codes set Eorth above or any other Ordinance lawfully adopted by the City of Rancho Cucamonga, these amendmen [s and additions shall control. SECTION 3: Whenever any of [he following names or terms are used in said codes, such name or term shall be deemed and construed co have the meaning ascribed to it in this Section as follows: A. Building Official shall mean the Building Official of the City of Rancho Cucamonga or his designated represen[at ive. B. HeaLeh Officer shall mean [he Director of Envirnnmen tai Health Services of San Bernard inn County or his designated represen [a[Sve. • C. Fl re Chief shall mean the Fire Chief of the Foothill Fire District or his d esi;;na ted rep resen taHve. ~/~ Ordinance No. Page 2 D. Building Department shall mean [he Building and Safety Division of Conununity Development Department of Che C'_ty of Rancho Cucamonga. SECTION 4: The Uniform Building Code 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 in terpre [a Lion of the provisions of this Code and [o hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be members of [he City Council or persons, other than employees of the City, appointed by the City Council and who shall hold office, at its pleasure. The Ruild ing Official shall 6e an ex-officio member of and shall act as Secretary to said Hoard. The Board may adopt reasonable rules and regulations far conducting its business and shall render all decisions and findings in writing Co the Building Official with a duplicate copy to [he appellant. B. Section 205 of said Uniform Building Code is amended to read as follows: Section 205. VIOLATIONS AND PENALITIES. I[ shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, . move, improve, remove, covert, relocate, demolish, equip, use, occupy, or maintain any building or structure or unsafe grading site in the City, or cause [he same to be done, contrary to or in violation of any of the provisions of this Code. Maintenance of a building or structure which was unlawful at [he time i[ was constructed and which would be unlawful undnr this Code if constructed after [he effective date of such code, shall constitute a continuing violation of such 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 thereof during which any violation of any of [he provisions of this Code is committed, continued, or perms [fed, and upon conviction of any such violation such person shall be punishable fy a Eive of not more than $500.00 or by imprisonment far not more than six months, or both such fine and imprisonment. C. Sec H ~n 307 of said Uniform Building Code is amended by addition of Subsection (f) to read as follows: Section 303 (f). INFI NTSHF.D BfII1DING5 AND STRUCTURES. Whenever the Building Official determines by inspection that work on any 6u ild tog or acruc[ure far which a permit has he en issued and the work started thereon has been suspended for a period of 180 days or more, [he owner of the property upon which such structure is located or other person or agent in con crol of said proper ty, upon receipt of notice in writing from the DuI>a rtment to do so, shall, within 90 days from the date of such written notice, obtain a new petmtt [o complete the required work and diligently pursue the work to completion or shall remove or demolish the `d Ordinance No. Page 3 building or structure within 120 days from date of the written notice. • 0. Section 304 of said Uniform Building Code is amended [o 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 by 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 far which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems and any other permanent equipment. Whenever any work, for which a permit is required by this Code, has been commenced without first obtaining said permit, and when such work Ss discovered as a result of an investigation, 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 penalty prescribed by law. Sec cion 304 (b). PLAN REVIEW FEES. When a plan or other data is required to be submitted by Subsection (b) of Section 302, a plan review fee shall be paid at [he time of submitting plans and specifications for review. Where plans are incomplete or changed so as to require additional • plan review, an additional plan review fee shall be charged. Fees for plan review shall be as set forth by Ci[y Council Resolution. Section 304 (c). EXPIRATION OF PLAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. The Building Official may extend the time for action by [he applicant, for a period not exceeding 180 days, upon written request, showing that circumstances beyond the control of the applicant have prevented ac [1 on from being taken. No appllca [ion shall he extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304 (d). EXEMPTION FROM FEES. Neieher [he state nor this nor any other county, city, district, or ocher political subdivision, nor any public officer or body acting in his official capacity on behalf of the state or of this or any county, city, dlscric t, or other political subdivision shall pay or depos i.[ any fee required by [his code. This Section does not apply to the Slate Compensation Insurance Fund or Public Housing Au thorlty or where a public off lcer is acting wich reference to private assets which have come under his jurisdiction by vir We of his office, • l~~ Ordinance No. Page 4 Section 304 (e). REFUNDS. In the even[ Chat any person shall have obtained a building permit and no portion of the work or construction covered by such permit shall have been commenced and such permit shall • have expired as provided for in Subsection (d) of Section 302, the permit [e e, upon presentation to the Building Official of a written request on a form provided therefore, shall be entitled to a refund in an amount equal to eighty percent (807.) of the building permit fee actually paid for such permit; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). In case a permit is issued in error by the Building Official, all fees shall he returned to applicant upon request. No refund shall be granted when receipt of the request occurs more than 180 days Following payment of [he permit or plan check £ee. 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 (807.) of [he plan checking Fee shall 6e refunded; however, the portion of the fee retained shall never be less than fifteen dollars ($15.00). The Building Official shall satisfy himself as [o the right of such applicant to such refund and each such refund shall be paid as provided by law far the payment of claims against [he City. E. Subsection (d) of Sec [ion 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 inspection without firs[ obtaining written approval of Che Building Official. Such written approval shall be given only after an inspection shall have • been made of each successive step in the construction as indicated by each of the inspections required in Subsection (e). There shall be no clearance Eor connection of gas or electrical utilities un cil Ei nal building, electrical, plumbing, heating, ven [i lation and air conditioning inspections have been made and approval has been first ob ca fined from the Building Official and all conditions of developments approval completed or guaranteed, except as provided for in Section 307 (d) far a temporary certificate of occupancy. In the even[ the build log is not completed and ready Eor final inspection 1n the time prescribed by the Building Official, the building shall be vacated and [he utilities disoonnec[ed until such time as the building is completed and final inspection is made and a cent if tca[e of occupancy is issued as set forth in Subsection 304 (c) above. F. Table 7-A entitled "Building Permit Fees", of said Uniform Code is deleted. 0. Section 420 of said Uniform Bu ild log Code is amended by add log the following definition: SWIF4dING POOL is any body of water created by artificial means des SP,ned or used for ewinmiinR, immersion or therapeutic purposes. N. Section 1101 of said Un iEorm Bul ld inR Code is amended to read as • fnl lows: r n •, a r~ Oic ~nance No. Page 5 Section 1101. GROUP M OCCUPANCIES shall be: • Division 1. Private garages, carports, sheds and agricultural buildings. Division 2. Fences or walls over six feet (6') high, tanks, towers and swimming pools. Fot occupancy separations. See Table 5-B. For occupancy load see Section 3301. I. Section 1105 of said Uniform Building Code 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 I1 of said Uniform Building Code is amended by adding Section 1107 to read as follows: Section 1107 (a). Every person in possession of land within the City of Rancho Cucamonga, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which is situated a swimming pool, having a water depth exceeding 18", shell a[ all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other structure no[ less than five fee[ • six inches (5'-6") in height WS th no opening therein, other than doors oz gates, having a greater dimension exceeding four inches (4"). Openings may exceed 4" Sn greatest dimension when approved by the Building Official, provided such openings will no[ materially facilitate scaling the fence or other structure 6y children. All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designed co keep and capable of keeping such door or gate securely closed at all times when not in actual use, however, the door of any dwelling occupied by human beings and forming any part of [he 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. EXCEPTION: The provisions of this Section shall not apply to public swimming pools for which a charge or admission price is required co be paid for use [hereof, during the time chat the owner, operator or adult employee of such owner or operator is present at and in active charge of Che premises upon which such pool is located. Section 1107 (b). No[wi thstanding the requirements of subsection (a) any fencing serving as enclosure for a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting [he requirements for fen[ log Sn effect at the time of cons traction of the swimming pool, may continue; however, any replacement in whole or in part shall comply with the requirements of subsection (a). R. Secelon 1210 (a) of said Un LEorm Building Code is amended to read da fO110Wa: P /' ~ . Ordinance No. 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-fi. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. In an efficiency swelling wit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of the main room or hotel sleeping room. Where sleeping rooms are on an upper level, the detector Shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance with approved manufacturer's instructions. When actuated, [he detector shall provide an alarm in the dwelling unit or guest room. When habitable space having a valuation exceeding $1000 or when ore or more sleeping rooms are added or created in existing Croup R, Division 3 Occupancies, the entire building shall be provided with smoke detectors 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 be battery operated when installed in existing buildings, or in buildings which undergo alterations, repairs or additions regulated by the second paragraph of this section. L. Section 1704 of said Uniform Building Code is amended [o read as follows: Section 1704. ROOF COVERINGS. Roof coverings shall be fire retardant except in Types III, IV and V buildings, where i[ may be as follows: Ordinary roof coverings may be used on buildings of Gtoup R, Division 3 or Group M Occupancies. Class C roof cover Snga which comply with U.B.C. Standard No. 32-7 may be used on Group R, Divis inn 1 Occupancies which are not more than two stories In height and have not more than 6000 square feet of projected roof area and there is a minimum of 10 feet from the excremity of the roof [o the property lines on all sides except for scree[ fronts. Skylirh is shall be cons truc[ed ns required Sn Chapter 34. Pen[;iouses shall be constructed as required in Chapter 36. For use of plastics Sn roofs, see Chapter 52. Far Act ics: Access and Area, see See [Son 3205. For Roof Drainage, see Section 7207. ~ a a. Ordinance No. Page 7 M. Chapter 17 of said Uniform Building Code is amended by • addition of Sections 1718 through 1720 [o read as follows: Section 1718. FIRE STOPPING. RooF coverings having openings at eaves which would allow [he entrance of embers or flames shall be fire-stopped at save ends to preclude entry of embers or flames under the roof covering. Section 1719. UNDERFLOOR AREAS. Buildings or structures shall have all underfloor areas enclosed to the ground with conatruc Lion a required foz exterior walls. EXCEPTIONS: 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 construction or protected with one-hour fire resistive materials. 2. The underside of cantilevered wood 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 1~" net thickness or plywood flooring of 1-1/8" net thickness need not be enclosed oz fire-protected. Section 1720. OPENINGS. Openings into enclosed underfloor or attic areas shall be provided with doors or sash or shall be screened with galvanized or copper wire screen with maximum one- eighth inch (1/8") mesh size. N. Subsection 2907 (b) of said llniform Building Code is amended to read as follows: Section 2907 (b). BEARING WALLS. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved foundation system which shall be of auf ficient sl ze to support all loads. Where a design is not provided, [fie minimum founds tlon requirements for stud bearing walls shall 6e as set forth in Ta61e No. 29-A. EXCEPTIONS: 1. A one story wood or me [a1 frame building not used for human occupancy and no[ over 200 square feet Sn fluor areas may be constructed without a masonry or concrete foundations if walla are supported by a Portland cement concrete slab no[ less than 3~" in thickness. • 2. The support of buildings by goats embedded in earth shall be designed as spec Sf ied in Section 2907 (f). Wood pos [s or poles embedded in earth shall be pressure tree ced with an approved preaerva rive. Steel pasts or po lea shall be pro [ected as specified in Section 2908 (h). ~O ~ Ordinance No. Page 8 O. Subsection 3203(£) of said Uniform Building Code is amended to road as follows: Section 3203(E). ORDINARY ROOF COVERING. An ordinary roof • covering shall be any one of the following roofings: EXCEPTION: llnless otherwise squired because of locacion as specified in Parts IV and V of this code. Group M. Division l roof coverings shall consist of not less than one layer of 55-pound smooth-surfaced organic cap sheet, or built-up roofing consisting of two layers of Type 15 organic fiber felt and one layer of surfacing material ae specified in Section 3203 (E)3. 1. Any roof covering listed in Section 3203(e). 2. Any built-up roofing assembly not less than Class C roofing. 3. Any mineral aggregate surface built-up roof for application to roofs having a slope of not more than 3 inches to 12 inches applied as specified in Section 3203 (d) 2, consisting of no[ less than the following: Base Sheet and Plies Three layers of Type IS organic or inorganic fiber felt, and Surfacing Material • 300 pounds per roofing square of gravel or other approved surfacing material, or 250 pounds per roofing square of crushed slag in 50 pounds of asphalt, or 60 pounds of pitch. 60 pounds of pitch. 4. Any prepared roofing not less than Class C roofing. P, Chapter 37 a£ said Uniform Building Code is amended by adding Section 3708 to read as follows: Section 3708. Any chimney, flue, vent, or stovepipe attached to any solid or liquid burning fireplace, stove, barbeque, or other device hereafter installed within or attached to any building or structure, shall be equipped with an approved spark arrestor. A spark arrestor Ss defined as a device constructed of nun-combustible material equivalent to 12 gunge steel welded or woven wire mesh or 3/16" chick cast iron place. Perforations or openings in spark awes [ors shall be no[ less than one- half inch (~;") and not larger than five-eighths Snches (5/8") and shall be of sufficient number so as no[ [o reduce the required flue area. Spark arrestors shall he installed Sn such a manner as to be visible for inspection and accessible for maintenance. n I ~ `~ Ordinance No. Yage 9 q. Section 3210 of the appendix of said Uniform Building Code is amended [o read es follows: ' Section 3210. Clew roof coverings for existing buildings shall not be applied without approval of the Building Official. An inspection may be required to determine the accep[a6ility of an existing structure for reroofing. A final inspection and approval shall be obtained from the Building Official when reroofing is complete. R. Section 7003 of the Appendix of said Nniform Building Code is amended to 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-contained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall no[ exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure. 3. Cemetery graves. • 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, ex<:avating, processing, stockpiling of rock, sand, gravel, aggregate or clay where ea tablished and provided for by law provided such operations do not affect the lateral support or increase [he stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of sail engineers or engineering geologis ta. 8. An excavation which (a) Ss less than 2 fee[ in depth, or (b) which does not create a cu[ slope greeter than 5 feet in height and steeper than one and one-half horl zontal to one vertical. 9. A fill less than 1 foot in depth, and placed on natural terrain with a slope flatter than 5 horizontal [o one vertical, or less than 3 feet in depth, not intended to support structures, which does not exceed 100 cubic yards on any one lot and does not ohs tract a drainage course or a1 Cer drainage patterns. L.I ~~ ~ 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 part of [hat permit. 11. Public works projects not requiring a bur icing permit including sewer and storm drain construction, utility trenches, power transmission lines and appurtenant access roads and re [aining walls or grading accomplished as part of street maintenance activities. 12. Re^_urring, regularly scheduled maintenance of existing facilities where no new construction is involved. This exemption Sncludes 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, earthslide, heat storm, earthquake, riot, sabotage, and the like. S. Section 7004 of Chapter 70 of the Appendix of said llniform Building Code is amended Co read as follows: Sec cion 7004, "Whenever the Bvild ins Official determines that any existing natural slope, excavation, embankment, fill or other condition created by a grading project has become a hazard to life or limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the Building Official may Rive [he owner of the property upon which the condition is located, or other person or agent in control of said property, a written notice to aba [e [he condition. Upon receipt of such written notice from the Building Official, the owner oz other person or agent in control of said property shall within the period specified in the notice repair or eliminate such na [oral slope, excavation, embankment, fill or other condition so as to eliminate [he hazard and be in conformance with the requirements of this Coda." T. Section 7005 of Che Appendix of said Uniform Building Code is amended by adding the following definitions: 1. FSnal Grading Plan is a plan showing all detailed drainage inEorma Cion, grade elevations, bu lid ins locations and Eloor eleva [ions. ,,. Preliminary Grading Plan is a plan showing building pad elevations, typ Seal drainage methods to 6e utilized, and similar generalized infonna tion, usually excluding finish floor elevations, buildf ng loco [tons, and specific drainage . details. U. Section 1006 of the Appendix of said Uniform Building Code Ss amended to read as follows: l~l~ Ordinance No. Page 11 Section 7006 (a). PERMITS REQUIRED. Except as exempted in Section 7003 of this Code, na person shall do any grading without firs[ obtaining a grading permit from the 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 oz final grading plan. The preliminary grading plan requirements shall apply where insufficient precise detail of site improvement exists at 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 [o [he issuance of any building permit for the site. Preliminary grading plans shall include sufficient detail [o assure that at the time of final grad Sng plan submittal, all standards and specifications of this code and other Cicy grading regulations will be met. Section 7006 (b). APPLICATION. The provisions of Section 302 (b) are applicable to grading and in addition the application shall state the estimated quantities of work involved. Section 7006 (c). PLANS AND SPECIFICATIONS. When requited by the Building Official, each applicant for a grading permit shall be accompanied by three sets of plans and specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specif icaclons 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 shall be drawn to scale upon substantial paper or cloth and shall be • of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give Che 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 information: 1. General vicinity of the proposed site 2. Property limits and accurate contours of existing ground end details of terrain and area drainage. 3. Elevations and Finish contours to be achieved by the grading. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dame and other protective devices to be constructed with, or as a par[ of, the proposed work together with a map showing [he drainage area and the extima ted runoff of the area served by any drains. 5. Location of any buildings or s[ructur es on Che property where the work is to be performed and [he Location of any buildings or structures on land of adjacent owners which are within 15 feet of [he proper cy or which may be affected by the proposed grading operations. • 6. Size, type and condition of vegeca tion that is to remain. 7. Legal restrictions such as property lines, easements, setbacks, etc. ~a ~~ Ordinance No. Page 12 S. Utility structures: catch basin, manhole, culvert, etc. 9. Utility lines: drainage, sewer, water, gas, electric. 10. Any unusual site conditions. Contours, both existing and proposed, shall be shown in accordance with the following schedule: Natural Slopes Maximum Interval 2X or less 2 feet Over 2X fo and including 9X 5 feet Over 9Y. 30 feet Specifics [Sons shall contain information covering cons [ruction and material requirements. Section 7006 (e). SOIL ENGINEERING REPORT. The soil engineering report required by subsection (c) shall include dale regarding the nature, distribution and streng [h of existing soils, conclusions and recommendations £or grading procedures and design criteria for corrective measures when necessary, and opinions and reconunenda Lions covering adequacy of sites to fie developed by [he proposed grading. Recommendations included in [he report and approved by the Ruilding Official shall be incorporated Sn the grading plans or specif icatione. Section 7006 (f). ENGINEERING GEOLOGY REPORT. The engineering geology report required by subsection (e) shall include an adequate description of [he geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, an~i opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. Section 7006 (g), ISSUANCE. The provisions of Section 302 are applicable to grading permits. The Euilding Official may also require submittal of Che following additional information wltt~ the permit application. 1. Extent and manner of cutting of trees and clearing of vege[a Lion, disposal of same, and measures for protection of undis trShuted trees and/or vege [a [Son. 2. Schedule defining staging and timing of eons[ruc [ion and estimated extent of disturbance at stra[eg is points during construction. 3. Equipment, methods, and location of spoils disposal. 4. A plan defining the schedule, equipment, materials, and crew [hat will he used to maintain all protective devices and drainage facilities shown on the approved grading plan. 5. Oesigna Lion of routes upon wh tch materials may be transpnrte~ and menas of access to the sits. ~, Ordinance No. Page 13 6. The place and manner of disposal of excavated materials and control of erosion from such materials. 7. Requirements as to the ml Ligation of fugitive dust and • dirt offensive or injurious to the neighborhood, the general public or any portion thereof, including due consideration, care, and respect Cor the property rich ts, convenience, and reasonable desires and the needs of said neighborhood or any portion thereof. 8. Limiea Lions on the area, extent and duration of came of exposure of unprotected soil surfaces. 9. Mitigating measures recommended by [he Regional Water Quality Control Board or Resource Conservation District. 10. Phasing of operations Co minimize water or other environmental impacts. 11. Such further applicable info[mation as the Building Off lcial may require co carry out the purposes of [his ozd2nance. Section i006 (h). COMPLIANCE WITH PLANS AND CODE. The permittee or his agent, shall carry out [he proposed work in accordance with [he 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 the responsibility of the permi tree to noti Ey the Building . Official at least one working day in advance so that required inspections may be made. Section 7006 (j). PROTECTION OF ADJACENT PROPERTY. During grading operations, the permittee shall be responsible for the prevention of damage co adjacent propety and no person shall excavate on land Buff lclently Close Co the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property wl thout supporting and protec Ling such property from sectllnq, cracking, or other damage which might result. Section 7006 (k). TEMPORARY EROSION CONTROL. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. V. Section 7007 of the Appendix of said Uniform Build ing Code is amended to read as follows: Section 7007. FEES. Grading and plan check fees shall be as se[ forth by [he mac[ recent comprehensive Eee Resolution adopted by [he City Cnunc il. Where preliminary and final grading plans are submitted separately for plan checking and/or perm ic, fees shall be calculated Erom the overall yardage to he moved under each submittal. The fee for a P,rad tng permit authorizing add itf on work to that under a valid perm i[ shall he the difference between the fee paid for the original perm i[ and the fee shown for the entire project. } ~~ 4 Ordinance No. Page 14 W. Section 7008 of the Appendix of said llniform Building Code is amended to read as follows: Section 7009 (a). BONDS. Prior to the issuance of a grading permit involving 5000 cubic yards or more of cut and fill, [he applicant shall first post with [he Building Official, a bond executed by the owner as principal and a corporate surety authorized to do business in this stele. In lieu of a surety bond, the applicant may file a cash bond, or deposit and assign [o the City, savings and loan certificates or ocher instruments of credit. Where unusual conditions or special hazards exist, the Building Official may require a bond far grading involving less than 5000 cubic yards. The bond required by this Section may include incidental off-site grading on property contiguous with the site [0 6e developed provided written consent of the owner of such contiguous property is filed with the Building Off £clal. The Building Official may waive the requirements for grading necessary to remove a geological hazard, where such work is covered by an agreement and bond posted pursuant to provisions of other Ordinar.~es. Section 7008 (b). AMOUNT OF BOND. The amount of [he 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 protec tib le devlcea, work necessary to eliminate geological hazards, erosion control planting and required retaining walls, and masonry Eences, That portion of [he bond valuation based on the volume of ma serial shall be crnapu[ed as set forth in the following table: • 1000,000 cubic yards or less..... .. SOX of [he cos[ of grading work. Over 100,000 cubic yard s....... .. ..50X of the cost of the fits[ 100,000 cubic yards plus 25X of Che estimated cos[ of that portion in excess of 100,000 cubic yards. Section 7008 (c). REDUCTION IN BOND, When roufth grading has been completed Sn conformance with [he requirements of this Cade, the Building Official may at his dlacretion consent to a propor eionate reduction of the bond co an amount estimated to be adequate to insure completion of Che grading work, site development or planting remaining to be performed. The costs referred to in [his Sec [ion shall he as ea [imated by the Building Official. Section 7008 (d). CONDITIONS. Every band shall include the condiCions that the principal shall: Comply with all of the provisions of City Ordinances, applicable laws, and standards. 2. Comply with all of the Germs and conditions of the grading permit. 3. Comple [e all of the work au chori zed by the permit within • the time lim is specified in the perm i[ or within any extension [hereof granted. No such extension of time shall release [he surety upon [he bond. l3~ Ordinance No. Page 15 Section 7008 (e). TERM OF BOND. The 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 by [he grading permit is completed and approved by Che Building Official. Section 7008 (f). DEFAULT PROCEDURES. In the event the owner or his agent shall fail to complete the work or fail to comply with all terms and conditions of the grading permit, it shall be deemed a default has occurred. The Building Official shall give notice thereof to the principal and surety on the grading permit bond, or to the owner in [he case of a cash deposit or assignment, and may order the work required to complete the grading in conformance with the requirements of [his Code be performed. The surety executing the bond shall continue to be firmly bound under an obligation up [o the full amount of the bond, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work co be done. In the case of a cash deposit or assignment, the unused portion of such deposit oc funds assigned shall be returned or reassigned [o Che 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 deacr abed in the permit far the purpose of inspec sing the work. In the event of default in the performance of any term or condition of the permit [he surety or the Building Official, or any person employed or engaged in the behalf of either, shall have [he right [o go upon the pram is es to perform the required work. • The owner or any ocher person who Sn terferes with or obs cruc is the ingress co or egress from any such premises, of any authorized represen tatlve of the surety or of [he City of Aancho Cucamonga engaged in the correction or completion of the work for which a grading permit has been issued, after a default has occurred in the performance of the terms or conditions [hereof, is guilty of a misdemeanor. X. Section 7010 of [he Appendix of said Uniform Building Code is amended to read as follows: Sec [Son 7010 (a). GENERAL. Unless otherwise recommended in the approved soil engineering report, fll is shall conform [o Che provisions of this Sec[Son and to Figure A, Tyy is al LoC Cross Sec [ion for fills. In [he absence of an approved soil engineering report these provisions may be wa ivecl fox minor Ei lls not intended [o support strut to res. get Clon 7010 (b). FILL LOCATION. Fill slopes shall not be constructed on natural slopes sceepar Chan two to one or where the fill slope toes out ~i thin 12 feet horizontal Ly of the top of a lower existing or planned eu[ slopes except in the case of slopes of minor height when approved by the Building Offltial. get Clon 7010 (c). PREPARATION OF GROUND. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying • fill, tap-soil and other unsuitable materials scarifying to provide a band with the new fill, and, where slopes are steeper than five to one, and the helgh[ greater than 5 feet, by benching into sound bedrock ~? 1 Ordinance No. Page 16 or other comp eten[ 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 at least 30 fee[ wide. The area beyond the toe of fill shall be sloped for sheet • overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of fill shall be at least 10 feet wide but the cu[ 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 or placed in fills. EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves [he fill stability. The fallowing 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 shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with fines. Section 7010 (e). COMPACTION. All fills shall 6e compacted [o • a minimum of 90R 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 Buidling Official. EXCEPTIONS: Fills excepted elsewhere in [his ordinance and where the Building Official determines that compac [ion is not a necessary safety measure [o aid in preventing saturation, settlement, slipping, or erosion of [he fill. 2. Where lower density and expansive types of soil exist, then permission far lesser compactions may be granted by the Building Official upon showing of good cause under the conditions provided herein. All backf ill in utlli ty line trenches shall be compacted and tested. The soils engineer shall verify [hat [his backf ill ing has been satisfactorily accomplished. Alternate methods of filling and compaction may be utilized on specific projects when specified 6y [he soil engineer and/or approved by the Building Official. S ec[fon 7010 (f), SLOPE. The slope of fill surfaces shall 6e no steeper than is safe for the Intended use. Fill slopes shall be no steeper than two horizontal [o one vertical. • J ~2~ Ordinance No. Page 17 Section 7010 (g). DRAINAGE AND TERRACING. Drainage and • terracing shall be provided and the area above fill slopes and the surfaces of terraces shall be graded and paved as required 6y Section 7012. Section 7011 of [he Appendix of said Unifotm Building Code is amended to read as follows: Section 7011 (a). GENERAL. The setbacks and other restrictions 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 safety and stability or to prevent damage of adjacent properties from deposition or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used to reduce the required setbacks when approved by the Building Official. Section 7011 (b). SETEACKS FROM PROPERTY LINES. The tops of cuts and toes of fill slopes shall be act back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. I and Table No. 70-C. Section 7011 (c). DESIGN STANDARDS FOR SETBACKS. Setbacks between graded slopes (cut and fill) and structures shall be provided in accordance with Figure No. 2. 2. Section 7013 of the Appendix of said Uniform Building Code is • amended [o read as follows: Section 7013 (a). EROSION CONTROLS. The faces of cut and fill slopes shall be prepared and maintained to control against erosion. The protection for the slopes shall be ins tailed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted. Section 7013 (b). OTRER DEVICES. Where necessary, check dams, cribbing, riprap or ocher devices or methods shall 6e employed [o control erosion and provide safety. Section 7013 (c). PLANTING. The surface of all cut and Eill slopes more than five feet Sn height shall be pro[ec tad against damage by erosion by planting with approved grass or ground cover plants. Slopes exceeding 15 fee[ in vertical height shall also be planted with shrubs and trees at equivalent spacings, in addition to the grass or ground cover plants. The plants selected and planting methods used shall be suitable for the soil and climatic conditions of [he site. EXCEPTIONS: P lan Clog need not be provided for cut slopes, rocky in character and not subJ ec[ to damage by erosion, when approved by the Building Official. . 2. Slopes may he protected against eros inn damage by other me [hods when such methods have been specifically recommended by a soils engineer, engineering geolog is [, or equivalent and found [o offer erasion protection equal [o that provided by the planting specified in this Section. 2 Ordinance No. Yage LB Section 7013 (d). IRRIGATION. Slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slope, and plans therefore shall be submitted and approved prior [o installation. A functional [es[ of the system may be required. The requirements for permanent irrigation systems may be modified upon specific recortunendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, such irrigation system will not be necessary for the maintenance of the slope planting. Section 7013 (e). RELEASE OF BOND. The planting and irrigation systems required by this Section shall be installed as soon as practical after rough grading. Prior to final approval of grading and before [he release of the grading bond, [he 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 [a [ion of the provisions of this Code and to hear appeals provided for hereunder, there is hereby es ta6lished a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons other than employees of the CSty, appointed by the City Council and who shall serve a[ 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 conducting ics business and shall render all decisions and findings in writing to the Building Official with a duplicate copy [o the appellant. Appeals to the Board shall be processed in accordance with Chapter 12 of [his Code. B. Section 204 of said Uniform Housing Code is amended to read as follows: Section 204. It shall be unlawful for any person, firm or corpora [Son to erect, construct, enlarge, alter, repair, move, Smprove, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same [o be done Sn viola [ion of [his code. Any person, firm, or corporation violating any of [he provisions of this Code shall 6e guilty of a m Lsdemeannr, and each such person shall be deemed guilty of a separate offense for each and every day or portion [hereof during wh icli any violation of any of [he provis inns of [his Code is co~mni tied, continued, or permitted, and upon conviction of any such viola Lion such person shall be punishable by a fine of not more than $500.00 nr by imprisonment fur not more than six months, or by both such fine and imprisonment. C. Section ISOI of said Unifom Housing Code Ss amended to read as full 'WS: . lay Ordinance No. Page 1.9 Section 1501 (a). PROCEDURE. When any work of repair or demo liton is to be done pursuant to Section 1401 (c) 3 of this code, the • Building Official shall Cause [he work to be accomplished by city personnel or by private contract under the direction of the Building Official. Plans and specif ica[ions therefore may be prepared by [he Building Official, or he may employ such architec coral and engineering assistance on a contract basis as he may deem reasonably necessary. Section 1501 (b). COSTS. The cost of such work may he made a special assessment against the property involved, or may be made a personal obligation of [he property owner, whichever [he legislative body of this jurisdiction shall determine is appropriate. SECTION 6 The llniform Code for Aba [ement of Dangerous Buildings is amended as Eol lows: A. Sec Cion 203 0£ said Uniform Code for Aba [ement 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, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maincain any building or structure or unsafe grading site or cause or permit the same to be done in violation of [his code. Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor and each such person shall be • deemed guilty of a separate offense for each and every day or portion then eoE during which any violation of any of the provisions of [his Cnde Ss committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more Chan $500.00 or by imprisonment Eor not more than six months, or by both such fine and imprisonment. B, -,~„-. ins of said Uniform Code fur Abatemene of Dangerous Buildings ismamended to read as follows: Sec [ion 205. BOARD OF APPEALS. In order [o provide far final In terpreta [ion of the provisions of this Code and to heat appeals provided for hereunder, [Mere is hereby es[ab lashed a Board of Appeals consls [ing of five (3) members, said members to be members of the Cicy Counc ll or persons other Chan employees of the City, appointed by the City Council and who shall serve at its pleasure. The Building Off is lal shall be an ex-officio member of and shall act as Secretary [o said Board. The Roard may adopt reasonable rules and regulacions for conducting its business and shall render all decisions and findings in writing to the Building Off tcial wteh duplicate copy to the appellant. Appeals to Che Board shall be processed in accordance with the prov lsions contained in Seceian 501 of [his Cnde. • C. The Uniform Code for Abatement of Dangerous 8ulld ings is amended by adtl ing sec [ions 206 and 207 to read as follows: ~J Ordinance No. Page 20 Section 206. In addi[iott to the procedures provided for abatement of dangerous buildings as set forth in Chapter 4 of this Code, [he Building Official is hereby given summary power to secure Erom entry any sCructure or premises Which in his discretion he determines to be immediately dangerous, or immediately hazardous or in other manner injurious to public health or safeey. 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 this method and may use other methods at his discretion to accomplish [he same purpose Which may be more appropriate under the circumstances. The Building Official shall also post a sigtt s [a cing in effect "DANGEROUS BUILDING, DO NOT ENTER": or ocher appropriate sign upon [he strut cure or premises in at least one conspicuous place. The Building Official shall immediately upon such action send notice to the owners of the real property upon Which the strut tore or condition is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information: 1. That he has secured [he structure or correc Ced the hazardous conditions. 2. The cost incurred by the City thereby. 3. That he has posted signs as provided by this section. 4. The reasons why he has taken the action. 5. That an appeal may be made within [en (10) days [o the City Council, as provided in this Section. 6. That if his action is not annulled by [he City Council, the cost of secu-i ng the property shall become a lien upon the real property, unless the cost is paid to the City within thin [y (30) days o£ the mailing of the notice. If any owner of property, or any person having any interest in property affected by the action of the Bui Ld ing Official in securing a structure or abating a hazardous condition as permitted by Chis section, is aggrieved by the action of the Building Official in securing the structure, such person or persons may appeal [he action of [he Building Official by filing a written notice of appeal with [he City Clerk within ten (10) days after receipt of notice of the action by the Building Official. The notice of appeal must be verified under oath or under penalty of perjury and must state [he grounds upon which [he action of the Building Official is appealed. The City Council shall, upon recefv ing such notice of appeal, hear any evidence or other relevant matters pr es en ced by the appellant or the Bu Skiing Official at its next regular meeting after the filing of the notice of appeal, provided however, if [he notice of appeal Is filed less than ten days prior [o [he day of a regular meeting of the City Count ll, the hearing shall no[ be held at the firs[ regular meeting, but a[ the following regulac meeting. After hearing all evidence and other relevant matters presented at said hearing or without hearing if no appeal is made upon the report of [he Building Off lc tal, the City Council may then confirm, amend, or annul [he action of the Building Official. If Che action of the Building Of flcial is annulled, the City at its own • • /y (~ Ordinance No. Page 21 expense shall remove arty and all instruments used to secure said structure, and shall remove any and all signs • stating that the building is unsafe to enter. If, however, the City Council confirms the action of [he Building Off Scial in securing the structure at the hearing on appeal, or, if no appeal is taken, at any other regular meeting, or adjourned meeting, Chen 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 imposition of a lien upon [he property upon which Che structure is located to pay far Che cost of securing it, may be adopted upon receipt of a report from the Building Official. Such resolution may be filed with [he Ban Bernardino County Tax Assessor, and the lien imposed thereby may be collected for [he 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 this Code for abating through securing from entry any structure which is determined by the Building Official to be in®edlately dangerous or immediately hazardous may also be used by the Building Official in connection with the summary abatement of all other dangerous or ha zatdous condition upon private property which [he Building Official determines, at his discretion, as constituting art immediately dangerous or hazardous condition. The Building Official may [hen summarily abate such nu isence, at his discretion, in the most appropriate manner under the circumstances, which may include, • but shall not be limited to [he following methods: fencing, draining water from swinvning pools and filling with appropriate ballast, removing fire hazards, filling or covering open holes and grading or strengthening land fills or excava [ions. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his de [erminationa, seek the mast economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. D. Section 801 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 801. PROCEDllRE. When any work of repair or demolition is to be done pursuant to Sec [ion 701 (c) 3 of [his Code, the Building Official shall issue the order therefore and the work shall be accomplished by City personnel or by private contwet under [he direction of the Building OEf Scial, or he may employ such architectural and engineering assistance on a contract basis as he may deem reasonably necessary. If any part of the work is to he accomplished by private contract, standard public works con [roc rural procedures shall be followed. E. Said Uniform Code for Abatement of Dangerous Buildings is amended 6y deleting Section A02 Sn its enel rety. Section 901 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: ~ '~. '~ Ordinance No. Page 22 Section 901. The Building Official shall keep an itemized account of the expense incurred by the CI[y Sn the repair or demolition of any building done pursuant [o the provisions of Section 701 (c) 3 of . [his Code. Upon the 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 total cos[ of the work, a description of [he real property upon which the building or structure is or was iota tad, and [he names and addresses of [he persons entitled to notice pursuant to Sub sec Lion (c) of Sec rion 401. G. Section 9(12 of the Uniform Code for the Abatement of Dangerous Buildings Ss amended [o read as follows: Section 902. Upon receipt of said report, the City Clerk shall present it [o the City Council for consideration. The City Council shall fix a time, date and place for hearing such report, and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, posted as dit ac tad by [he City Council so as to give proper public notice, and served by car cif ied mail, postage prepaid, addressed to [he owner of the property as his name and address appears on the lase equalized assessment roll of the county, if such so appears, oz as known to the Clerk. Such notice shall be given at least ten (10) days prior [o the date set for hearing and shall specify [he day, hour, and place when the Council will hear and pass upon [he Building Official's report, together with any objections or protests which may be filed as hereinafter provided by any person interes led in or affected by [he proposed charge. Section 903 of the Uniform Code for the Abatement of Dangerous • Buildings is amended to read as follows: Section 903. Any person Snteres tad in or affected by [he proposed charge may Eile written protests or objections with the City Clerk at any time prior [o the time set for [he hearing on the report of the Building Official. Each such protest or obj action must con [sin a description of the property in which [he signer thereof 1s interested and the grounds of such protest or objection [he dace it was received by him. He shall present such protests or obj ec [ions to the City Council at the time set for the hearing, and no other proles is or objec [Sons shall be considered. I. Section 904 of the Dniform Code for the Abatement of Dangerous Buildings is amended to read as follows: Section 905. llpon Che day and hour fixed far [he hearing the Citv Council shall hear and pass upon the report of the Building Off lc ial loge [her with any such objections of protests. The founc it may make such revision, correction or modification in [he report or [he charge as it may deem just; and when the Council is satisfied with the correctness of [he charge, [he report (as submitted or as revised, correc led or modified) Loge [her with the charge Shall be confirmed or rejected. The decision of [he City Council nn the report and the charge, and on all protests or objections, shall he final and conclusive. • 13fi ' ~!i Ordinance No. Yage 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 is to establish minim~nu standards to make newly constructed dwelling units and additions to dwelling units and private garages resistant to unlawful entry and [o facilitate protection of property. B. Section 4102 of said Security Code is amended to read as follows: Section 4102. The provisions of this chapter 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 Build Sng Code, including openings between attached garages and dwelling un1 [s. EXCEPTIONS: 1. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 • feet horizontally from an accessible surface of any adj oining yard, court, Passageway, public way, walk, breezeway, patio, planter, porch or similar area. 2. An opening in an exterior wall when all por dons of such openings are more than 12 feet vertically or 6 feet horizontally from [he surface of any adjoining roof, balcony, landing, stair [read, platform or similar structure or when any portion of such surface is itself more than 12 fee[ above an accessible surface. 3. Openings where the smaller dimension is 6 inches or less, provided that the closest edge of such openings is at least 40 inches from the locking device of [he door or window assembly. 4. Openings protected by required fire door assemblies having a fire endurance racing of not less than 45 minutes. C. Section 4105 of said Uniform Building Security Code is amended ca read as follows: Section 4105. All main or front entry doors to dwelling units shall be arranged so [hat the occupant has a view of the area • immediately outside the door without opening the door. Except as provided in Section }704 (h) of the Uniform Building Code, such view may be provided by a door viewer having a field of view of no[ less then 180 degrees, through windows or through view pores, l2 ~~ Ordinance No. Page 24 D. Section 4016 of said Uniform Sul lding 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, Part 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 cons true [ion with a minimum thickness of one and three-quarters inches (1 3/4") except for recessed panels which may be no[ less than nine-sixteenths inches (9/16") thickness. Section 4106 (c). LOCKING DEVICES. Such doors shall be equipped with a double or single cylinder deadbole lock. The bolt shall have a minimum projection of one inch (1") end be constructed so as to repel cu tcing cool attack. The deadbolt shall have an embedment of at leas[ three-fourths inch (3 /4") into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (S) pin tumblers, and shall be connected [o the inner portion of the back by connecting screws of a[ least one-fourth inch (lt") in diameter. A dual locking mechanism constructed so that both deadbolt and latch can be refracted by a single action of the inside door knob, or lever, may be substituted provided St 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 (1i") and a minimum embedment of five-eights inches (5/8") into the head and threshold of the frame. Section 4106 (e). BLOCKING. In wood Framing, horizontal blocking shall be placed between studs at door lock height for three (0) stud spaces each side of the door openings. Any spaces between jambs and trimmers and adjoining studs shall be shinsned solid. Section 4106 (f). STOPS. Door stops of wooden jambs for inswinging doors shall be of one piece construction with [he jamb. Jambs for all doors shall be constructed or protec [ed so as [o prevent violation of [he strike. S ec [ion 4106 (g). GLAZING. Glazing in exterior doors within forty (40) inches of any locking mechanism shall be of fully tempered glass or burglary resistant glazing, except when double cylinder deadbolt locks are ins [a lied. Section 4106 (h). STRIKE PLATE INSTALLATION. In wood Frame con- struction any open space between trimmers and wood door jambs shall be solid shimmed by a single piece extending no[ less than 6 inches above and below the 5[r ike plate. Ser ike plates shall be attached to wood with not less than two No. 8 x 2" screws. All strike plates of doors in pairs shall be installed as tested. u lye Ordinance No. Page 25 Section 4106 (i). HINGES. Hinges which are exposed to the exterior shall be equipped with nonremovable hinge pins or a mechanical • interlock [o preclude removal of [he door from [he exterior by removing the hinge pins. E. Section 4107 of said Uniform Building Standard Code is amended to read as follow=; Section 4107. SLIDING DOORS. Section 4107 Sliding Door assemblies regulated by this chapter shall comply with UBC Standard 41-1, Part II or equivalent standard. F. Eectlon 4108 of said Uniform Building Standard Code is amended to read as follows: Section 4108. WINDOWS. Window assemblies which are designed to be openable and which are regulated by this Chapter shall comply with UHC Standard 41-2 unless Such windows are pro[ec red by approved metal bars, screens or grilles. C. Section 4109 of said Uniform Building Security Code is amended [o read as follows: Section 4109 (a). GARAGE VEHICULAR ACCESS DOORS. Rolling overhead, solid overhead, swinging/sliding or accordion doors provided for vehicular access [o private garages shall be constructed and installed as set forth in this section. • Section 4109 (bj. Such doors shall be provided wi [h an exterior covering of one of the following: 1. Exterior grade plywood no[ less than five-sixteenths inches (5/l6") in thickness. 2. Aluminum not less than four-hundredths inches (.04") in thicknesa. 3. Steel not less than three-hundredths inches (.03") in thickness. 4. Fiberglass having a density of not less than Eive ounr.es (5 oz.) per square foot, 5. Wood sld ing no[ less Chan nine-s ix teenchs inches (9/L6") in thickness. Sec [ion 4109 (c). L(1CKING DEVICES. All locking devices utllt zing a cylinder lock shat] have a minimum flue (5) pin tumbler opera[lon with [he locking bar or bolt extending into the receiving guide a minimum of one inch (1"). Slide bolt type locking assemblies shall have a bolt diameter of not less than three-eighths inch (1/8"). Slide bolts shall penetrate the receiving guide not less than one and one-half inches (111") and shall he attached with three (3) bolts that are not removable from [he outside. Ric^ts shall not be used to attach slide bolt assemblies. ~~~ Ordinance No. Page 26 Doors exceeding sixteen fee[ (16') in width shall be provided with opposite, centrally located locking points, either at each side or at top and bottom of the door. . EXCEPTIONS; 1. For doors nineteen feet (19') or less in width, a single locking point may be used if centrally located a[ the floor or top of [he door. 2. Doors provided with torsion spring counter-balance type hardware. Section 4109 (d). FRAMES. Frames for garage vehicle- access doors shall he constructed of one of the following: 1. Aluminum not less than twelve-hundredths inches (.12") in thickness. 2. Steel not less than six-hundredths inches (.06") in thickness. 3. Wood no[ less than one and one-half inches (17t") in thickness. H. Said Uniform Building Security Code is amended by adding Sections 4110 through 4115 to read as follows: Section 4110. COMPLEX DIAGRAM. There shall be positioned at each entrance of a multiple family development, an illuminated diagrammatic representation of the complex which shows the location of the viewer and the unit designations and locations within the complex. Section 4111. LIGHTING. Lighting in multiple family dwellings shall be as follows: Aisles, passageways and recesses related Co and within the building complex shall be illuminated with an intensity of at lease twenty-five one-hundredths (.25) foo[candles at the ground level during [he hours of darkness. Lighting devices shall be protected by vandal resistant covers. 2. Open parking to cs and car ports shall he provided with a minimum of one (1) footcand le of light on Che parking surface dnring the hours of darkness. Lighting devices shall be protected by vandal resistant covers, Section 4112, KEYING. Upon occupancy, each dwelling unit Sn a subdivision or multiple family development shall have locks using keys [hat are no[ in cerchangeable with any other dwelling unit in the subdivision nr multiple family development. Sec tlon 4113. DEFINITIONS. • 1. "Burglary Resistant Glazing" means [hose materials as def tnetl in Underwriters Laboratory Bulletin 972, 'i' ~_ Ordinance No. Page 27 2. "Double Cylinder Deadbol t" means a deadbolt lock which can be activated only by a key on both the interior and the • exterior. 3. "Door Stop" means that projection along [he top and sides of a door jamb which checks the door's swinging action. 4. "Dwelling" means a building or portion thereof designed exclusively for residential occupancy, including single family dwellings. 5. "Flush6olc" is a mawal, key or turn 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 Deadbol t" means a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar mechanism. Section 4i14. ALTERNATE MATERIALS AND METHODS. The provisions of this chapter are not intended [o prevent the use of any material, device, hardware or method no[ specifically prescribed in this chapter, when such alternate provides equivalent security and is approved by the Building Official. Section 4115. VIOLATIONS AND PENALTIES. It shall be unlawful for • any parson, Eirm, or corpora [Son [o construct, erect, enlarge or alter any building or permit the same to be done contrary [o, or in violation of, any of the 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 thereof during which any violation of the provisions of this Code is committed, continued or permitted, and upon conviction of such violation, such person shall be punishable by a fine of not more than $500.00 or by imprisonment for not more than six months or by both such Eine and imprisonment. SECTION 8: The Uniform Stgn Code is amended as follows: A. Section 103 (d) of said Uniform Sign Cnde is amended to read as follows: Section 103 (d). VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm or corperation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip or use or main [a to any s1Rn or sign structure in the City or cause or permit the same to be done contrary to or in viola Cion of any of the provisions of this Code. Any person, firm or corporation vin la tang any of the prow tsions of eh is Code shall be guilty of n misdemeanor and each such person shall be deemed guilty of a separate offense for each and every clay or por [ion ehoreof during which any vto la [Son of any of the provisions of this Code is committed, continued, or permitted; and, upon conviction of any such violation, such person shall be pu nishah Le by a Eine of not more than ~N Z~ l 1 Ordinance No. Page 28 $500.00 or by Imprisonment of not more than six months or by bath such fine and Imprisonment. e. Section 303 of said Uniform 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 [he responsibility for its exec cion and maintenance, compliance with the provisions of this Code, the Rancho Cucamonga Sign Ordinance, or any other law or ordinance regulating the same: 1. The changing of [he 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 6 feet above grade that are not electrically lighted. 4. Changing of theater marquees and similar signs specifically designed for the use of replaceable copy. My permiC issued for erection of a sign in violation of this Code or other ordinance is automatically void and shall be • cancelled by [he Building Official. C. Said llnifotm Sign Code 1s amended by deletion of Chapters 5, 6, 7, 8, 9, 10, I1, 12, and 14. SECTION 9: Pursuant to Health and Safety Code Sections 17958,5 and 17958.7 a cSCy may make such modifications in the requirements of the regulations adopted pursuant to Health and Safety Code Section 17922 as i[ determines to be reasonably necessary because of local conditions, and [he City Council of the City of Rancho Cucamonga determines [hat the modifications set forth herein are in fact reasonably necessary because of local conditions as set forth more fully below: a. IC is reasonably necessary, because of local condi [ions, co modify and supplement Chapters 2 and 3 of the Uniform Building Code, Chapters 2 and 15 of the Uniform Housing Code, 1979 Editions, dealing with administration and enforcement, iu order ..n provide for efficient and orderly operation of tae Building and Safety Oiv ision. b. I[ is reasonably necessary, because of local conditions, to modify Sec t'lons 420, 1101, and add Section 1107 • to Chapter 11 of Che Uniform Build inR Code, 1979 Ed itlon, in order to provide re gu lotion and protection from life hazard in and around swimming pools and other man-made bodies of water. I V~~~ Ordinance No. Page 29 c. IC 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. I[ is reasonably necessary, because of local conditions, to modify Sections 1704 and 3708 of the Uniform Building Code, 1979 Edition, and add Sections 1718 through 1720 to said Code, in order to reduce fire hazards and the spread of roof fires Sn buildings. e. I[ is reasonably necessary, due to local geological conditions, [o 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 Chia City Council has been necessitated bacause the provisions of the published Code are inadequate to provide for protection of health, safety and welfare of the general public and efficient, orderly adminie [ration of the Building and Safety Division. The above listed expressed findings shall be made available as a public record and a copy with the mod ificatlona thereof, shall be kept on file with the Building and Safety Division. • SECTION 10• The City Clerk shall file a certified copy of this ordinance with the State Department of Housing and Comm~~nity Development. SECTION 11: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after 1ta passage, a[ least once in The Da Sly Report, a newspaper of general circula[Son published in the City of Ontario, California and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED and ADOPTED this day of , 1980 by the following vote: AYES; NOES: ABSENT: 1</`, Ordinance No. Page 30 Phillip D. Schlosser, Mayor ATTEST: • Lauren M. Wasserman, City Clerk • C~ ~V~~ QTY OF RAN(7-10 CAJ('AMOt`K',A STAFF REPORT DATE: January 21, 1981 T0: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: INTERIM ZONING ORDINANCE ORDINANCE 123 As Council is aware, the Interim Zoning Ordinance was reviewed at the last City Council meeting. All modifications which were recommended by Council are being incorporated into the document, but the retyping will not be completed by Friday. A revised copy of the Ordf nance for Council's adoption will be Provided under separate cover on Monday, January 19, 1981. Please recall that the only changes not being incorporated are those several relating to Director Review. Res ectfully uhmitted, • JACK LAM, Director of Comnunity Development JL:jk l~ L SE Proyosed Revised Subdivision Ordinance PLEASE REFER TO JANUARY 7, 1981 FOR COI~LETE COPY OF ORDINANCE N0. 28-B (Distributed under separate cover) • ~~4 (]TYOF RAnQiO CUG\MQ1'C'A oc~"-^'v~ STAFF REPORT <~ DATE: January 21, 1981 v_ ' • ~ T0: Members of City Council and City Manager F ea U FROM: Barry K. Hogan, City Planner 1977 BY: Dan Coleman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE N0. 80-13 - NUBANK - request fora Zone Change from A-P Administrative Professional) to R-3 (Multi-family Residential) for 6.4 acres of land located south of Base Line on the west side of Hellman (Related Item: TT 11605) - APN 208-011-02, 03, and 04. ABSTRACT: The Planning Commission at its meeting of December 22, 1980, held a duly advertised public hearing to consider the above described project. Upon completion of the hearing, the Planning Commission voted 4-0 to recommend approval of the change of zone from A-P to R-3. A local resident spoke on the project expressing his concern with the information presented at the meeting. The resident stated that he was not in opposition to the project, however, he did have several concerns relative to the design of the proposed tentative tract. • The change of zone to R-3 is being requested for the development of a 65 unit condominium project on 6.4 acres of land, therefore giving the project approximately 10.2 units per acre. The Plan is consistent with the Interim and Proposed General Plans and meets all requirements of the Zoning Ordinance. The Planning Commission has approved the Tentative Tract 11605. Attached for your review and ccn sidera Lion are the Planning Commission Staff Reports, Environmental Assessment, and the Planning Commission Resolution. RECOMMENDATION: The Planning Commission has recommended that the City Counci approve Zone Change No. 80-13 for the above described project through the adoption of the attached Ordinance. Re pectf~yl ly bmitted, ap~ y~K/~/1 H/o ~ n(~-' Cilty Plann r B KH:DC:kp Attachments: Planning Commission Staff Report Planning Commission Resolution Ordinance • ~Yy ~, . DATE: December 22, 1980 CITY OF RAI~C~10 Cl,'C~O\GA STAFF REPORT T0: Planning Comm ssion FROM: Barry K. Hogan, City Planner BY: Otto Kroutil, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMEMT ANO ZONE CHANGE N0. 80-13 - NUBANK - A request for a zone change from A-P administrative-professional) to R-3 (multi-family residential) for 6.4 acres of land located south of Base Line on the west side of Hellman - APN 208-011-02, 03, and 04 Related Item: Tentative Tract No. 11605 • BACKGROUND: The applicant is requesting a change of zone for about 6.4 acres of and located south of Base Line Road, on the west side of Hellman Avenue (Exhibit "A"). The current zoning of the property is A-P (administrative professional) and the request is to change it to R-3 (multi-family residential). The applicant is requesting the zone change in conjunction with a request for approval of a 66-lot Tentative Tract map, which is also on this Agenda for the Commission's review and consideration. The proposed zone change must occur to allow the development of the project site as proposed by the applicant. AflALY525: The project site is currently vacant and is surrounded by a variety of land uses. Specific zoning and land uses for adjacent properties is as follows. LANG USE ZONING Site Vacant/one single family residence A-P North Vacant/one single family residence A-P East Service Station/Uacant A-p South Citrus Grove/single family residence R-1 West City park/single family residences R-1 The site is designated as medium density residential on both the Interim and the Proposed General Plans. The requested zone change is therefore consistent with the General Plan Land Use designations. Also attached for your rev icw and consideration is Part I of the Initial Study, compel ted by the applicant. Staff has completed Part II of the fnitial Study, the Environmental Checklist, and has comducted afield investigation. Upon completion and review of the Initial Study, Staff found no significant adverse impacts on the environment as a result of the zone change. Should the Commis- sion concur with these findings, and recommend approval of the zone change to the City Council, then the issuance of a Negative Declaration would also be retoinmended. /S~ ITEM E +/ ~ ~_ Planning Commission -2- December 22, 1980 Staff Report CORP,ESPONOENCE: The zone change was advertised as a public hearing item in the Dail Re ort newspaper, and over 50 public hearing notices were sent by certified mai to surrounding property owners within 300 feet of the subject property. To date, no correspondence for or against this zone change has been received. RECOMMENDATION: It is recommended that the Planning Canmiscion conduct public hearing to consider all public comments. If, after such hearing, the Commission concurs with Staff that the zone change is consistent with the General Plan, then a Resolution, recommending approval of Zone Change No. SO-13, should be adopted. A copy of such Resolution is attached for your consideration. Respectful_1~ s~6mitied, ;~ ~;y1.,1 ~ ~ / ~ ~rry~Y,. Hog n ` pity uPlanner~ BKH :.•tV: cd Attachments: Exhibit "A" -Location Map Initial Study, Part I Resolution of Approval • • C, J /S~ ` \ Zar~e Ch~rrge cSife P/ors u _ __ R-/ ~ s: ~ ~?-/ b~ ~ ~~ ' ~ v~ wont IPssid Box Lii~~ i Gbv~ ~~ 6igG~ i~n./f .$.k AP ~_ ~`~4~~ '~ -~~ zi ~~ ,P-/ ~~ H ~ l/~'-- ., I ~ ~ ' \ CITY OF RANCAO CCCAMOAGA INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $80.00 • For all projects requiring environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis sta££ will prepare part II of the Initial Study. The Development Ae~iew Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one o£ three determinations: 1) The project will have no environmental impact and a Negative Declaration will be filed, 2) The project will have an environmental impact and an Environmental Imn act Report will be prepared, or 3) An additional information report should be supplied by the applicant giving further informatior. concerninc the proposed project. ~ • PROJECT TITLE• TE~TF,TPIE TRACT NO 11605 & TR'1TATP/E PARCEL MAP >FO 6395 APPLICAN'T'S NAME, ADDRESS, TELEPHONE: N<JBANK P,dI^tANA'i-iONAL, INC. 9014 W. OLYMPIC BLVD, BEVEP.LY NSLLu^, CA 9021 213/858-1540 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERAFZ=IG TFFIS PROJECT: PAUL COCMR3, NUBANK INFEHNATIONAL, 9014 W. OLY".~'PIC 9LUD., BFVEP,LY HILLS, CA 90211 213/858-1540 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PAi2CEL NO.) S.J CGPJ!F:R BASELIi:E & BELliMN AVE;;UE A.P. T7~~. 208-01-2; 208-G1-3; LIST OTHER PEW4I T5 NECESSARY FROM LOCAL, REGIONAL, STATE ANO FEDCRi,L AGENCIES AND TFSE AGENCY ISSUING SUCH PERMITS: DICE ~iiT FRG4 .iAil BF?!iARDR!0 COUi+TY FC~CD COMCPOL I-( /53 ~~ • PROJECT DESCRIPTION DESCRIPTION OF PROJECT: f. ~ .. „ - UNPP PIANNID UNTT DEVEIAFt~NL (P.U.D.) ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDIP]GS, IF ANY: P.U.D. - 6.4 ACRES: EXLSTINL' STRUCP.]F~S TO ~ REMOVID (2,000 S.F.); 100,000 S.F. OF PROP0.SID BLZLDINGS: EMPIRE SITE OF PARCEL MAP IS 10.2 ACRES DESCRIBE THE ENVIRON*IENPAL SETTL^IG OF THE PROJECT STTE INCLUDING INFO R6iATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUWING PROPERTIES, AND THE DESCRIPTION OF ANY $XISTI,\'G STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): THE°F' IS A DRAINAGE COURSE RUNM1IING THROLY)H THE APPR07CII~ATE CETfl'ER OF T7iE SITE YIITH A HIGH RIDGE AT THE S(iUTHERLY POR'T'ION OF T.1E SITE.. P?ATfi • 23 FEET' AND RAISING THE SWAIE BY 10 - 15 FEED, I'fiF7"tE:9Y hffNIMIZP~Y3 ??~' _ GRADE DIFFERFSICE THRWGH TE[E SITE. `1W0 CLD RESIDENCES OCCUPY THE STIE (TO BE REMOVID) OTHER47ISE PROPF?^:Y is the project, part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? z- z r sy__ PIA.`7^ i.SFE CO^!SISTS OF SS 'I'RIS (ELM. EUCALYPTJS AND AVOCADOI AND ,~ , `' ( ~ ~ .,_:. WILL THIS PROJECT: YPS NO . X 1. Create a substantial change in ground contours? _ X 2. Create a substantial change in existing noise or vibration? _ X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X 4. Create changes in the existin zon ni g or general plan designations? X 5: Remove any existing trees? How many? 55 _ X 6. Create the need £or use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers a,,..ve: 1) RIDGE TO BE I.G47P1L°_D APPROXlitiMTELY 23 PEEP; DRAINAGE CCU'RSE 'IC) BE RAISED 10 - 15 FEET. • 4) SCi~LY 64 ACRES FROM_A- P tC7 R-1. IMPJRTA?7T: If the project involves the construction of residential units, complete the fozm on the next page. CERTIFICAT ZO N: I hereby certify that the statements furnished above and in the attached exhibits present the date and information required for this initial evaluation to the best of my ability, and that the facts, statements, and inforr„ation presented are true and correct to the best of my knowledge and belief. I further understand tYa t additional information may be required to be submitted before an adequate evaulation can be made by the Develovr..enc Review Committee. ~4 /~~ Nate 19 Rw,. l9EC Signature ~---- Title Paes - NLLh..-~ Lh<.,.a~.:,,1 I-~ _.. _.. _.. -- - ~S"S - _---------- .. ~- ~- RE SZDENTIAL CONSTRUCTION • The folloe~ing information should be provided to the city of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Nubank International, Inc. A11605 Specific Location of Project: 295' S of SW corner of Base Line Aven. S Hellman Ave. PHASE I PHASF. 2 PHASE 3 PHASE 4 TOTAL 1. Number of single family units: Nil z. Number of multiple" 35 30 65 family units: Late proposed to begir. construction: April 1981 Jan. 1982 ~~ ~ ~~ 4. Earliest date of occupancy: Dec. 1981 July 1982 ~~~ ~ __ Modal 2 and of Tentative S, Bedrooms Price Rance M1 2 BDRM 90,000 8 7 15 1300-'att. . - N2 2 BDRM a7 n00 l0 9 19 147 ~ 'S'q-'t • -- p3 3 6DRM 9 11 20 1650 ca. ft, 104.n00 q4 3 BDRM 1875 <n. f^_. 110.000 _ R 3 11 " NOTE: Four (4) models, one of each pla. to be built in 1st phase but not sold until end of second phase as they will be oocorated and used as sales displays. 17~ .. <-, RESOLUTION N0. 80-88 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING • COMMISSION RECOMMENDING APPROVAL OF ZGNE CHANGE N0. 80-13 REQUESTING p CHANGE IN THE ZONING FROM A-P TO R-3 FOR 6.4 ACRES LOCATED SOUTH OF BASE LINE, ON THE WEST SIDE OF HELLMAN - APN 208-011-02-03 & 04. WHEREAS, on the 28th day of August, 1960, an appl icatton was filed and accepted an the above described project; and WHEREAS, on the 22nd day of December, 1980, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Commission has made the following findings: 1. That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing land use in the surrounding area; 2. The proposed zone Change would not have significant impact on the environment nor the surrounding properties; and • 3. That the proposed zone change is in conformance with the existing and proposed General Plan. SECitON 2: The Rancho Cucamonga Planning Commission has found that this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on Decemher 22, 1980. NOVI, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Cade, that the Planning Commission of the Lity of Rancho Cucamonga hereby recommends approval on the 22nd day of December, 1980, Zone Change No. 80-13. 2. The Planning Commission hereby recommends [hat the City Council approve and adopt Zone Change No. 80-13. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarciea to the City Council. APPROVED ANO ADOPTED THIS 22ND OAY OF DECEMBER, 1980. • ~S Paget • PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA I, JACK LAM, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucanonga, at a regular meeting of the Planning Commission held on the 22nd day of December, 1980 by the following vote to-wit: AYES: COMMISSIONERS: Sceranka, King, Rempel, Dahl NOES: COMMISSIONERS: None • ABSENT: COMMISSIONERS: Tolstoy \J i~~ CEI'1' OI' K.\XC.IIO CL C.\\Itl\'G.\ .~ 1t11' 1' ~ZL'.IaU1Zl • DATE: Decefnber 22, 1980 T0: Planning Conenission FROP1: Barry K. Hogan, City Planner BY: Otto Kroutil, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSh1E NT AND TENTATIVE TRACT N0. 11605 - NU9ANK - A total development and a su bd rvision of 6.4 acres into 66 lots, comprising 65 townhouse units in the proposed R-3 zone, generally located south of Base Line Road, on the west side of Hellman - APN 208-011-02, 03, and 04 Related Item: Zone Change No. 90-13 7 BAChGP,0UF10: The applicant is reGu esting review and appo rval of a total development consisting of 65 townhouse units on 6.4 acres of land located on the west side of Hellman Avenue, south of Base Line Road (Exhibit "A"), The subject site is currently zoned R-P (administrative-professional), however, a zone change to R-3 (multi-family residential) is being requested by the applicant in conjunction eri th this application. The zone change has also been placed on the Con;nission's Agenda for rev ieo-~ and consideration. The site developnie nt plans, as suMni tted by the applicant, indicate a residential density of approximately 10 units per acre. The Inter iin General Plan indicates medium density of 5-16 units per acre, the proposed General Plan also desig- nates this site for mediwn density residential 5-14 units per acre. The pro- posed density is, therefm~e, consistent with both land use designations. ' With the exception of a single family residence, the prof ect site is currently vacant, and is sm'rounded by the `eltowine land u;es. LANG USE ZONING • Site Vacant/one single family residence A-P to be removed. North Vacant/one singe family residence A-P to be removed. East Service Sta [ion/vac vrt A-P South Citru; Grave/single &rnily residence R-1 West City Park/single family resident= R-I This project has been revie•,red and rated by the pe;inn Pevier: and Groerth hlanage- men[ P,evi eo-r Conan ittees in accordance with the Residential Assessment System and the Growth I!anagement Ord inane e. The project reve ived a total paint rating of 7g,3 and met all minin.um point catrgm~ies within the rating system. As a result, the project is eligablc For Planning Conimissinn Review. ~S9 ITEM F Planning Connuission - -2- Dec ernb ar 22, 1960 Staff Report C The conceptual gradinn plan far the project had also been reviewed by the Grading Conunittee and has since been revised in accordance with the Grading Committee recomne nda Lions. However, the Grading Coimni ttee approved the Grading Plan in concept only, and subject to certain conditions of approval dealing with treatment of slopes in the southwest portion of the site (con- di Lions No. :-3). ANALYS iS: As noted above, the project will consist of 65 two-story townhouse units. Each dwelling will have a 2-car attached garage, and a private fenced patio. The unit mix will be as follows. UNIT TYPE SIZE N0. OF UN RS Plan 1 2 bed, 2 bath 1,300 sq. ft. 16 Plan 2 2 bed, 2'i bath, den 1,575 sq. ft. 18 Plan 3 3 bed, 3 bath 1,650 sq. ft. 20 Plan 4 3 bed, 2's bath, den 1,825 sq. ft. 11 According to plans, the dwellings will be clustered in rmvs of up to 7 units each, arranged around a comnon recreational area and circulation system. In addition to the 2-car oaraaes. 37 open guest oa rk irr_ spaces r•:i 11 be erov ided on site. The enn'ance to the project is shown off base Line Road, approximately 300 feet west of Hallman Avenue. The applicant indicates that the two remaining sites located between the proposed tmvnhou ses and Base Line Road will be developed in the future for administrative-professional uses. In order to satisfy fire district requirements fora secondary emergency access, a 24 foot wide emergency drive is proposed off the Southern Pacific right-of-way in the sou tl~east portion of the site. The applicant indicates that the railroad has virbally consented and that its property be used for emergency access purposes. Due to time con- straints, the applicant was unable to secure a formal agre einent prior to the hearing; he will be required to obtain emergency access rights from the railroad as a condition of approval prior to final Wrap recordation. However, if for some reason such an agreement cannot be obtained, the applicant indicates that an alternate emergency access drive can be provided off Hellman Avenue (see Exhibits .. B., 8 .,C„). The Oesign Revi erv Conrnitte reviewed the building elevations and architectural design of the project and was very satisfied with the style ("London flews") of the buildinys. The Cen~~mittee did rem,r+nend that a brick accent or cap be in- corporated into the design of the chinmeys. Colored renderings and elevations mill he available for review and conmrent at Lhe Planning Co,~nii ssion inee [i ng. Tire developer is proposing to provide, and received point u~ed it for, the followiny special fee CllreS within this level oP"'e nt: • • • ~~~ Plamti n9 Cormti ssion - -d- December 22, 19do Staff Report F _: n - Solid core exterior doors and security deadbolts - Other security devices, such as tempered glass in strategic locations, 5 foot high rod-iron gates at all patios, and appropriate lighting. - All units will be preplumbed for solar water heating - An option will be provided to potential home 6vyers to purchase solar collectors for water heating . Attached is Part I of the Initial Study as completed by [he applicant. The Com- mission will note that three items on page I-3 have been chec l•,ed off as "yes" and require to be addressed: Item °1 The project will create a substantial change in ground contours. To mitigate potential probl erns, the grading plan has been revised in accordance with the Grading Committee reconnnenda Ci ons. To further mitigate the effects of grading, it will be required that all slope banks in excess of 5 feet in vertical height, and 5:1 greater slopes be landscaped and irrigated in accordance with the C slope planting requ ire~nents of the City. Item =4 The zone change necessary for the development of this project is • consistent tvi th both the In ter ini and the Proposed General Plan Land Use designations. Item `5 The project o~ill result in the removal of a number of trees (E1'm; Eucalyptus and Avocado). The applicant will be required to retain existing mature trees wherever pos si6l e. A master plan of existing trees showing their precise location, size and type shall be com- pleted and submitted for approval to 4e Planning Division prior to approval of the final grading plan. Staff has completed Part II of the Initial Study, the Environmental Checklist, and found no significant adverse impacts on the enviromnent, prnv ided the above mitigation measures are incorporated into the final design of this pro- ject. A Nega live Declaration, conditioned upon the successful mitiya lion of Che above concerns would therefore 6e rec oir+nend ed. COP.RESPOIIOf CCE: A notice of public hearing was placed in the Daily Report newspaper. To date, nn co n~e spmtd ence for or against the proj ect~has been received by the Flamii ny Division. P.ECOIII ~~E IIDATIO'L It is reo o~•imended that the Plannln9 Cer~~•ii csion reviear the p ropo~s?d pro,;ect and tentative loan, and consider all puhl is cormen ts, (f .. Ilof Planning Commission ~ -4- Oecrr.ber 22, 1980 Staff Report C n LJ after the public hearing, the Lonmiission concurs with the findings and proposed conditions of approval reconmiend ed by Staff, then a motion to adopt the attached Resolution of Approval, with conditions, would be appropriate. Respectfully suGnitted, ' 0 Barry ,K. ,~ep City Ftlanner BKh:OY,: cd Attac hmer.ts • • l~~ 1 1 , S/ r _ I . _ ~ ~~~' . % ~c-sL PrtG I n ~.,, ~~l'i~.: '~,:r 1 R ~3 ~: _. _., .. ..._ S -, A~ [I Q-/ i~f-J `""9 ~!c-.-. ~c~rc . ~,/ `'~:' I I, ;~- f, S~i~jFCt s r~ ~,/ .~ ,\ 'AP i f,,; i ,,~ ~~`,'' ,, , -:..,: ,' ,, - fF _. I. ^.[. I, \~ \~~C~-: Lf ff I ,. ~ I I ` ' ` I~ \- I~ JJJ/// ~~. ~% ~ I~ ~ ~~ .....:. n'~r~.U I ~ _ /~ i ~'a l;l ~. ~ i . /,.e ~.. 'NF.l7' SiG^ Imo, ~ i `1 ~ I ~---~--t_~ r l ~ 1 ~ 'I ~~ 1 I.1 ~ ~ I ~~ --s_~~'- ~ - I Y I; -~ !~ i •i fir]' 24' ~7.7 - :s- ..--^-:. .fi ~ ~ - '~ ~ L~( ~', i i I \~ ~~- -C ~ _t~---i z-~~, !~ .ts^G r~ ~'-~- a *J ~. ,~ i ~,; Y h. 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WCIm~~~U:r~5 ..~ c; ~~ ` •'~ " . ~~~ ~ ~archileclure wesll~~• ll~roaR ba..cnn • R~•~9 _ _ _ _ IG7 ~= C ~~ riE ~,~ , . ,-jF Is.~; ~ , ~ Ir ,• !, --~ •... V \, \ / , 1 ',, • ., e ~~.. .. .. ,. I i ~~ ~~ f 'i r I .. ;_: ,;. ~ '\ ~5 ,- Ifi, ~ •~/ ~ ~ ~ _ i,} % .' .. W{~ l i I { ~ i _ --- ... - rF,- ! i~ .. ..-~- l68 (._ • • ,~„-.r., >~ .; ,._~' ~s. ~_ _ ~ ~,~. , `iP! -. A dC~134 fs61sM6140 ~G`9 Iii(, .. i. _.i.''lii ~ ~' .~,~I ~~I,~~ ,~~.. I~~il ~l 'I~ lif~~~ ._ ~ _ -.- --. __-_ i ~ I .. _._ _._. i Ilr. l L.VIIL~(~ IC 9 `....... LLL___ 16q C°~0f5G~4 GL,CNMp40 C~G"J W C~roI~ L~6i~27,p~40 ~G9 l^f~~~~r 9'~ iK O.I~z c; ~a~40~'Gd c_: l _ ` ~ E.~Nrur~~ ~JI /70 nrchileclurn nesl ; dr~~sr raa[~a~c~vo~rr~ ~o~%a,~ [~L4i~u,a~o s~ C- • C • r, u ~, QO~G~4 Crt6 G~C^L4140 ©ud U~~~ Wi~~Q ldl~C+/~~40~~W r u. :rnr~ ~,1irn,. ~~~ . <~J r erchlledurn wesl ~~ M ...._ _ ~.__ ~. _ _.'J~ d®P4 Cs66M6~4001nY P EdOG:]s7 C~dC~uC•a4p ~'P:i c • l ~~ W f= . GJO^~s~4 C~bC~~p40©C~ ,... „.,. I'71 n .. • h. C~P4 ~6C~Mp40 ~Gu G~L•~C~59'3 i=i i4;di~S~~~v ~e7fid ~'~w~ I+ISL"~~tYlu^OOOG7 C • • --~ .. ®~`` ___ ~~ _ QC®G94 C~6LMLR~400G9 bC~fr~4 C~6Cf bipl, 4~C~y -~,Ic.,;- I - ....... i ~(4 I prrhde:Lne wn;l , 173 C'c ._.. tM1n ..i _ c,i 5~f~. J~~;, FY-' G.`tw~ ratin;; form fur: "1'O"1:•\L. 1)L:~'ELO1'~ll~.N"1' PROJECT (FILE Y,O. /AFFLIC,',NT): II ~l i'i+~ r REVIEW PEfIGO: `~:-!-~•.-~ ! ,r.' . ~ ~_ .r z-. ' DATE: ' SECTION TOTr1LS SECTIC;I 1: PU3LIC SERVICES _~_ SECTIOII 2: SITE ORI EHTATI Oq AHD STREET OESIGiI __/~ SECTIO~I 3: ORDERLY CE`JELOFI1E11T _ (. SECT 1011 J: DESIGIi Q0,ILITY ~~C~ SECT I0;7 S: AFFOROA6LE HOUSING _[J SECT.OiI 6: PLAtI17CU LC'4"~.UIITIES AND PLAIINCD UIIIT ~ CE`JELGPP~EIITS I • i~ '90 Points Kaxirni,n; 68 Points 1linin~~un "usc 6e Attained fur Fm~[her Consideration of The Project, .~ ~~y C RESOLUTION PIO. • A RESOLUTION Of THE PLANN IfIG COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIfORN[A, CONDITIONALLY APPROVING TENTATIVE TRACT MAP N0. 11605. HHEREAS, Tentative Tract Map No. 11605, hereinafter "Map" submitted by tlu ba nk International, applicant, for the pur•po se of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as a total development of 6.4 acres comprising of 65 townhouse units in [he A-P zone (pending zone change to R-3) generally located south of Base Line on the west side of Hellman - APN 20B-011-02, 03 & 04 into 66 lots, regularly came before the Planning Lonmis5ion for public hearing and action on December 22, 19B0; and IJHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Divisions reports; and WHEP,EAS, the Planning Conniission has read and considered the Engineering and Planning Divisions reports and has considered other evidence presented at [he public hearing. l fIOIJ, THEREFORE, the Planning Commission of the City of Rancho Cucaa~anaa does resolve as follows: • SECTION 1: The Planning Commission makes the following findings in regard to Tentative Tract No. 11605 and the Map thereof: (a) The tentative tract is consistent with all applicable . interim and proposed yeneral and specific plans; (b) The design or improvements of [he tentative tract is consistent with all applicable interim and proposed general and specific plans; (c) The site is physically suitable for [he type of development proposed; (d) the design of the subdivision is not likely to cause substantial enviromnen cal damage and avoidable injury to hmnans and wildlife or thefi• habitat; (e) The tentative tract is not likely to cause serious public health prohl ems; (f) The design of the tentative tract will no[ conf Lict with any easeinen[ acquirod 6y the public at large, now of / record, for access through ar use of the property within the proposed subdivision. ~ 75 . L C (g) chat this project will not create adverse impacts on the environment and a Negative Declaration is issued. • SECTION 2: Tentative Tract Map No. 11605, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: Planning Division 1. Slopes shown as exceeding 2:1 rate must not exceed 1 3/4:1. 2. Slope at west boundary between lots 33 and 37 to be selected for surface erosion control and to be fully established prior to occupancy. 3. A slope easement shall be obtained for slopes extendin0 beyond boundaries of development. 4. Emergency access rights shall be obtained from the Southern Pacific Transportation Company to provide secondary emergency vehicle access into the ga to in accm•dance with Foothill Fire Cistrict requirements. In the event such access cannot be obtained across the Railroad property, alternate emergency access, acceptable to the Fire District and the Director of Cornrunity Development, shall be provided elsewhere on site. 5. Automatic sprinklers. or Other means of fire protection • acceptable to the Fire District, shall be required for structm•es located along the southeasterly bowrdary of the project. . 6. Prer.ise plans, indicating the treatment of landscaping and walls along Hellman Avenue, shall he subject to approval by the City Plamrer. Innovative use of landscape and other materials is encouraged. 7. A noise attenuation wall shall be constructed along the Railroad right-Of-way. Design of such wall, its height, precise loco tion, and materials shall 6e subject to approval by the City Planner prior to the issuance of Building Permits. 8. At the time of underground utility installation and prior to installation of street impro ven;ents, the developer shall contact. the appr•e prig to cable television company for the a rra and make arrangements which vmuld give the company - the opportunity to install cable at the time of trenching, If the cabl r. television company does not install Cable, then the rJe velnper shall install conduit and pull boxes th rq ug bout thr U~nc t. Such dn. tails shall be shovm and verified on the improvement plans. i7~v Page 3 Enginee ring Oivis ion • 9. Parcel Map No. 6395 shall be recorded prior to recordation of the tract map or the issuance of building permits, whichever comes first. 10. All condi tons contained in the resolution of approval for Parcel Map No. 6395 shall also apply to this tract. I1. Widening of Base Line per requirements for Parcel Map No. 6395 shall be completed to the satisfaction of the City Engineer prior [o issuance of any building permit. Widening project shall also include sound blasting and re striping of median island and lane stripes. 12. Alien agreement upon the property shall be executed to the satisfaction of the City Attorney binding the present and all future owners of the property for the required improvements of Hellman Avenue to some later date to be determined by the City. A notice shall be placed on the final map referencing [he book and page in the county recorders' office in which the agreement was recorded. r 13. Rn access road from Base Line shall be constructed to \ the satisfaction of the hu ilding Official. • 14. Installation of a portion of master planned stormdrain across the subject property from Base Line to the existing Cucamonga drain with all on-site and off-site easements shall be required. The cost of installation of the drain shall he credited to the stormdrain fee and a reim6urserlent agreement will be exceu ted per Section 8 of the City Ordinance No. 75 to cover contributions which exceed the fee amount. 15. All existing easements lying within the future right-of-way are [o be quit claimed or delineated as per the City Engineer's requirements, prior to recordation of the tract map. 16. Final plans and profiles shall shoel the location of any existing utility facility [hat vwu ld affect cons hvction. 17. Conc en :ra ted drainage fl oua shall not a•oss sidewalks. Under sidewalk drains shall be installed to City standards. 1£?. Adequate provisions shall he made for acceptance and di s;;osal of surface drainage entering the property from d djdCellL aYedS. App RO:EO A'10 ApnF'EC THlS 22'IO OA'r OF DECE"F.,En, 1930. 177 Page 4 PLANfII NG LOh41ISSI0N OF THE CITY OF RANCHO CUCA140NGA BY: Richard Dahl, Chairman ATTEST: Secretary of the Planning Commission [, BACK LAI.1, Secretary of the Planning Coim+i ssion of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 22nd day of December, 1980 by the following vote to-r+i t: AY'E S: CORPII SSfOtIE RS: ' r NOES: COt1h1I SSi0NERS: ABSEiIT: COhV4ISSI0NER5: • • ~~ a C; RESI DE!1T IAL 00`:STP,U CTION • The follo~:~inq information should be provided to the City of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Nuhank International, Inc. #11605 Specific Location of Project: 295' S of SW corner of Base Line Aven. d Hellman Ave. PHASE I PHASE 2 PHASE 3 P3fASE 4 TDTAL 1. Number of single family units: Nil 2. Number of multiplex 35 30 65 family units: Uate proposed to begin construction: April 1981 Jan. 1982 • 9. Earliest date of occur an cy: Dec. 1981 July 1962 f4odnl $ and °- of Tentative 5. Bedrooms Price Rance #1 2 BDRM 90,000 8 7 15 13iJtTs q~t . - N2 2 8DRP1 07 n^n 10 9 19 14io ~ . N3 3 BDRId 165n <<~ ft, lOr, _n00 9 11 20 N4 3 80219 1875 cn ft, lin,nnD P 3 11 •" NOiE: Four 4) n~~ndels, one of each plan to be built in 1st phase but not sold until end of second phase as they will be decorated and used as sales displays. • _ Z- 4 r ~9 DEPARTMENT DF COMMUNITY DEVELOPi4E[IT C STR"lDARD COilO IT IOIIS Subject: ~ ~I6o5 ~ • Applicant: 61!/P,C~1l<. /~/~- ~n~f1, Location: WE51 ~fri~ ~ ~IElGKa~l ~ `~-~fIN ~ ~..e: ~~16 Those items checked are conditions of approval. APPLiCRNT SHALL CONTACT THE PLANNIPIG DIVISION FOR COhIPLIAIICE 41ITH THE FOLLOWIIJG CONDITIONS: A. Site Development / I. Site shall be developed in accordance with the approved site plans on file in the Planning Division and the conditions contained herein. 2. Revised site plans and building elevations incorporating all conditions of approval shall be submitted to the Planning Division prior to issuance of building permits. [~ 3. Approval of this request shall not waive compliance +vith all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at ;; time of Building Permit issuance. 4. The developer shall provide all lots with adequate sideyard area for Recreati~ Vehicle storage pursuant to City standards. _ 5. Mail boxes, in areas where side~.val ks are reouired, shall be ir.s tolled and loco ted by the developer subject to approval by the Flann ing Division. / 6. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with view obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Division. if dwellings are to be constructed in an area designated by the Foothill Fire Districts as "hazardous", the roof materials must be approved by the Fire Chief and Planning Division prior to issuance of a building permit. _/_ 8. A sample of the roof ing terial shall be su br~i tted to the Planning Division for rev ie~.v and ap F''o'~al prier to issuance of building permits. / 9. 411 roof aocurte nances, includinn air conditioners, shall be arc hitec to r?tly it [a m~?tin shiel'_ f.- ~,; o,n ,•~d .,,, moo: a.,,.~i ~,.o.. ,a:.„_=nt Pre pe rties and ,tree is as required by the Planning and~6uilding Divisions. / 10. Prior to nny i,~cu of tt~o woj ect site er huciness ac :i vity being correnced Lhn rr r,n, all cnndi [inns n` approval con[einr.d herein shall be completed CO [be sa tisfac Linn of the Director of Community Development. • ~~ C / I1. A detailed li9 Ming plan shall be submitted to and approved by the Planning Division prior [o issuance of building permits. Such plan shall indicate style, illumina [ion, location, height and method of • shielding. No lighting shall adve rsely affect adjacent properties. /~ 12. All swimming pools installed at the time of initial development shall he solar heated. / 13. Tex[urized pedestrian pathways across circulation aisles shall be i provided throughout the development to connect dwellings with open spaces and recreational uses. i 14. All trash pick uD shall be for individual units with all recepticals kept out of pu hlic view from private and public streets. / 15. Standard patio cover plans shall be submitted to and approved by the City Planner and Building Official prior to occupancy of the first unit. V 16. All buildings numbers and individual units shall be identified in a clear and concise manner, including proper illumination. N 17. Solid core exterior doors, security dead bolts and locks shall be '~ installed on each unit in this project. / 13. Security devices such as window locks shall be installed on each unit. v' 19. All units within this development shall he preplumbed to be adapted • fora solar water heating unit. 20. Energy conserving building materials and appliances are required to he incorpara ted into this project [o include such things as but not limited to reduced consumption shower heads, better grade of insulation, double paned windows, extended overhangs, pilotless appliances, etc. f/ 21. This development shall provide an option to home buyers to purchase a solar water heating unit. / 22. Emergency secondary access shall be provided to this tract to the satisfaction of the Foothill Fire Protection District. 23. Local and Raster Planned Copes Irian Trails shall be provided throughout the tract in accordance with the Equestrian Trail Plan for Al [a Loma. A de [ailed equestrian trail plan indicating widths, maximum Slopes, physical cond iti o", fenr.ing and weed con[r^1 in accordance with City equestrian trail standards shall he submitted to and approved by the City Planner prior to apps oval and recordation of [he final map. ____ 24. This tract shall form or annex Co a maintenance district for maintenance of equestrian trails. L • /~~ 25. This Project shall prpvide percent of affordable housing and/or __ ~ rents, in conformance with General Plan housing policies and the housing C criteria defined in the Growth Management Ordinance. Affordahil ity shall be determined by current market rates, rents and median income levels • at the time of construction of the project. Proof of this provision shall be submitted to the Planning pivision prior to finalizing building permits and occupancy of the units. B. ~ Parking and Vehicular Access _ 1. All parking lot landscaped islands sha 11 have a minimum inside dimension ' of 4' and shall contain a 12" walk adjacent to pa rk inq stall. / 2. Parking lot trees shall be a minimum 15 gallon size. / 3. All two-way aisle widths shall be a minimum of 24 feet wide. ~/ 4. Eme rqe ncy access shall be provided, maintenance free and clear, a minimum of 24 feet wide at all times during construction in accordance with Foothill Fire District requirements. ~/ 5. All pa rkin9 spaces shall be double striped. / 6. All units shall 6e provided with automatic garage door openers. ~ _ 7. Des irnated visitor parking areas shall 6e turf blocked. 8. The C. C. & R.'s shall restrict the storage of recreational vehicles on this site unless they ar•e the pr-i nciple source of transportation for the owner. _ /L 9. Plo parking shall be permirted rai th in the inT erior cirulation aisle ether than in designated visitor parking areas. C.C. & R.'s shall be developed by the applicant and submitted to the City Plamrinq Division prior to issuance of building permits. C. Landscaping / 1. A detailed landscape anJ irrigation plan shall he submitted to and approved by The Planning Division prior to the issuance of building permits. V 2. Existing trees sh=11 be retained ':rh erever possible. A Waster plan of ex is Ling trees shu•ning their precise location, Size and type sha it be eomule. trd I^~ the Jevelnr,~~r. Said plan shall take into account the prgno sed ;•ading and shall he requirr.d to he submitted to and approved by the Plann inq hlvlsion prior [o approval of the final grading plan. l J • ~a / 3. Existing Eucalyptus trees shall be retained wherever possible and shall be tr inuued and topped at 30'. Dead, decaying or potentially dangerous trees CJ shall 6e approved for removal at the descretion of the Planning Division • during the review of the Master Plan of Existing On-Site Trees. Those trees which are approved for removal may be required to be replaced on a tree-for-tree basis as provided by the Planning Division. / 4. Street trees, a minimum of 15 gallon size or larger, shall 6e installed in accordance with the Master Plan of street trees for the City of Rancho Cucamonga and shall be planted at an average of every 30' on interior streets and 20' on exterior streets. ~/ 5. A minimum of 50 trees per cross acre, comprised of the following sizes, ' shall be provided within the development; 20`.~-24" box or larger, 70%-15 gallon, and 10%-5 gallon. / 6. All landscaped areas shall be maintained in a healthy and thriving condition, free from weeds, trash, and debris. / 7. All slope banks in access of five (5) feet in vertical height shall and are 5:1 or greater slopes 6e landscaped and irrigated in accordance with slope planting requirements of the City of Rancho Cu camnnga. Such slope planting shall include but not be limited to rooted ground cover and appropriate shrubs a'nd trees. All such planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection of the slopes shall be completed by the P1 r. r.ning Staff to determine that it is in • satisfactory condition. In the case of custom lot subdivisions, all such slopes shall be seeded with native grasses upon completion of grading or an alternative method of erosion control satisfactory to the Building Official. Irrigation on custom lot subdivisions shall be provided to 9ermina [e the seed and to a point 6 months after germination. / 8. All parkways, open areas, and landscapinq shall be fully maintained by a homeowners association or other means acceptable to the City. Such proof of maintenance shall be submitted to the City prior to issuance of building permits. _ 9. The front yard landscaping, and an appropriate irrigation system, shall 6e installed by the developer in accordance with submitted plans. _ /~ 10. The final design of the perimeter parkways, walls, landscaping and sidewalks shall he included in the required landscape plans and shall be subject to approval by the Planning Division. _ il. Amin iinum of _ specimen size trees shall be planted within [hc Pr'oj°c t. l.. SFe r.ial lamf scope f^.atures such as Hound ink, al Livial rack, spec imam size trees, and an abu ndanc? of landscaping is required along • / 83 D. Si_n_ns ~~~- 1. Any signs proposed for this development shall be designed in conformance with thie Comprei;ensive Sign Ordinance, and shall require review and approval • by Lhe Planning Division prior to installation of such signs. _ 2. A uniform sign program for this development shall be submitted to the Planning Division for their review and approval prior to issuance of Building permits. ~ 3. The signs indicated on the submitted plans are not approved with this approval and will require separate sign review and approval. E. Additional Approvals Required 1. Director Review shalt be accemplished prior to the issuance of a Building _ Permit. 2. Director Review shall be accomplished prior to recordation of the final _ subdivision map. / 3. Approval of Tentative Tract No. (IL'd~ is granted subject to the approval of Zone Change gp-13 and/or Variance/Conditional Use Permit 4. This 'Con di tional Use Permit is gran tee for a period of month(s) at _ which time the Plann inq Coimnission may add or delete condiilons or revoke the Conditi coral Use Permit. • 5. The developer is required to obtain the following signed statement by _ purchasers of homes which have a pri~va to or public equestrian trail on or adjacent to their property. In purchasing the home located on Lot Tract on I have read the C.C. R R.'s and understand Chat said lot is subject to a mutual re- ciprocal easement for• the purpose of allowing equestrian traffic to gain access. Signed Purchaser' Said sta Lemon[ is to be filed by the developer with the Li ty prior to occupancy. / 5. -_ Prior to apo royal and rncorda~ion of the final ran, w' orinr to issuance of builtfir, ~, Fo. ~t ^,s. ~J•nq no sv.`ii~:ision roc is in~r.l ~. ?i, ::ri~ten re rri'iC?t!on frnr., ,:11 af`ecr~d Sc ^nol DisG'ic ts, shall to Su hmi[L°d to the Department of Cornunif± Oevelnrm~n r, which sta [es Drat ademra !a sc hr;ol facilities are or ::ill .. at= n` ..r~l"n ry tinl ;tu dent this oroi_ Such ~ ~ - ~ ~ lntt~r of School D15[r1C[ tai thin ~ -tifira~~nn nu st ha~:~ teen issued th= by sixty !GD) rLi ys p,~inr r.o the final map apr.r^val in the case of the 5u bdivision nr,p or issuance of pzrmi cs in the case of all other redden tial proj efts. • ~~y ~7. Prior Lo approval and recordation of the final map, or prior to the issuance of building permits when no map is involved, written certification from the (--~~ affected water district, that adequate sewer and water facilities are or will 6e available to serve the proposed project, shall be submitted to the • Depa rtinent of Lomnunity Development. Such letter must have been issued by the water district within sixty (60) days prior to final map approval in' the case of subdivision or issuanra of permits in the case of all other residential projects. For projects using septic tank facilities allows 6le by the Santa Rna Regional Water Control Board and the City, written certi- fication of acceptability, including all supportive information, shall be obtained and submitted to the City. _/8. This approval shall become null and void if the tentative subdivision map ' is not approved and recorded or building permits issued when no map is involved, within twelve (12) months from the approval of this project unless an extension has been granted by the Planning Commission. _ 9. This subdivision was not submitted as a total development package and is required to reapply for a point rating relative to the design Section of the Growth Management Ordinance prior to final approval and recordation of the map if the subdivision is going to 6e developed as tract homes. APPLICANT SHALL CONTACT THE BUILDIIIG DIVISION FOR COh1PL[ANCE Id ITH THE FOLLD4II NG COIJDITi 0715: l Site Development • / 1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform taec hanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of approval of this project. _/_ 2. Prior to issuance of building permits for Iambus ti ble construction, evidence shall be submitted to the Foothill District Fire Chief Chat water supply for fire protection is available. / 3. Prior to the issuance of a building permit for a new residential dwelling unit(s) or major addition to an existing unit(s), the applicant shall pay develop~nen[ fees at the established rate. Such fees may include, but not 6e limited to: City 6eautifica tion Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fee. _ 4, Prior to the issuance of a building permit for a ne~a co~mierc ial or industrial development or addition Lo an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Systems Developnent Fee, Drainage Fee, Fermit and Plan Checking Fees. / 5. This aunro:nl shall tecome null an:J vn id if boil di nn cermits are not issued for thi; pro.lect vn thin one Tear from [he date of project approval. J/' 5. Street nacres and add rrsses shall be provided by the building official. ~~~ _ 7. Dwelling units shall be constructed with fire retardant ma ten al C and non-combustible roof material. / 8. All corner dvrellings shall have the building elevation facing the street upgrade with additional wood trim around windo~vs and wood siding or plan-ons where appropriate. ~ ' • G. Existing Structures 1. Provide compliance mi th the Uniform Building Code for property line clearances considering use, area and fire-resistiveness of existing buildings. 2. Existing building(s) shall be made to comply with current Building and Zoning regulations for the intended use or the building shall be demolished. / 3. Existing sewage disposal facilities shall be removed, filled and/or capped to comply with appropriate grading practices and the Uniform Plumbing Code. H. Grading /~ 1. Grading of the subject property shall be in accordance with the Uniform Building Code, Lity Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with the ._ approved conceptual grading plan. _ 2. A soils report shall be prepared by a qualified engineer licensed by the SW to cf California to perform such ;vo rk. _ 3. A geological report shall be prepared by a qualified engineer or geologist • and submitted at the time of application for grading plan checY,. t~ 4. The final grading plan shall he subject to review and approval by 'the Planning, Engineering and 6uil ding Divisions and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever tames first. APPLtCAIIT ;HALL COIITACT THE ERG CIEERIIIG OIhiSIOH FOR COt9PL[ARCE WITH THE FOLL04IING CC'ROI i 10 R5: De•Il ra [ions and Vehicular Access _ 1. (zdi r.a[ions shall he made by final map of all in [crier street rights-of-way and all neces; ary ?asement; as shov+n on the tentative map. 2. Dedir Mien shall be code of the follo•aing missing rights-of-way on the foll~r.ii ng street;: L ndrli tional fret on ad9i tional fee[ on a ddi tional feet on `J /g-o _ 3. Corner property line radius will be required per City standards. ' / 4. 1' A11 rigF is of vehicular ingresses anc~ egress from shall be dedicated as • follows : •IE.LL.Ne1 6II~. • l~.J 'N - ~, ~tI ~c / 5. Reciprocal easements shall he provided ensuring access to all parcels over private roads, drives, or parking areas. ' _ 6. Adequate provisions shall be made for the ingress, engress and internal circulation of any trucks which will be used for delivery of goods to the property or in the operation of the proposed business. J. Street Improvements 1. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, sidewalk, drive approaches, parkway trees and street lights on all interior streets. / 2. Construct the following missing improvements including, but not limited ta: STREET NAPIE CUP.B 8 GUTTER A.C. PVF1T. SIDE- IJALK DRIVE APPR. STREET LIGH?S A.C. OVEP,LAY WHEEL CHAIR RA14PS OTHER 1~f11MaJ Y .~ ¢ ~ ~. krv~rb•~ L~. ~~ ,o 3. Prior to any work being performed in the public right-of-way, an encroachment permit and fees shall be obtained from the City Engineer's Office, in addition to any other permits required. / 4. Street improvement Dlans approved by the City Engineer and prepared by a Registered Civil Engineer shall be required, for all street improvements, prior to issuance of an encroachment permit. 5. Su re'.y shall be post=_d and an agreement eeecuted to the soli sfa then of the Li ty Engineer and the City Attorney, guaran teeing completion of the public improven•~en [s, prior to recording of the map or the issuance of building pe rrni [;, v;hichever canes first, / 6. All strant inpr'0 vemen t; shall be installed [o the satisfaction of [he City Cng in eer-, price to oc a~nanai, /~ 7. Pavement s[ripina, marti na, traffic and sG•eet nave sinning Shall be installed per the requircr~en is o` Ch,c City Engineer. /8~ K. Ora inage and Flood Control C /~1. The applicant will be responsible far construction of all onsite drainage facilities required by the City Engigeer. . 2. Intersection drains will be required ~at the following locations: 1/~ 3. The proDOS ed project falls within areas indicated as subject to flooding under the National Flood Insurance Program and is subject to the provisions of the program and City Ordinance No. 24. _ 4. A drainage channel and/or flood protection wall will be required to protect the structures by diverting sheet runoff to street. HEL{AGLJ dVG . e f 5 '~- ^-•- ^~«'- ^`^^^ shall 6e designed as major water carrying streetd requiring a combing tion4of special curb heinh ts,-eerwneyeaa~-typr -~i-~.e--aaaKeaslSes,-co3~led-sLceeLrscr+ecLian~, flood protection walls, and/or landscaped earth berms---'~-"'"-~"rweways--ate-preps-nEy-]-i.ac+• L. Utilities 1.~ 1. All proposed utilities within the project shall be installed underground including utilities along major arterials less than 12 KV. /~ 7. Utility easements shal'I he provided [o the specification of the serving • utility companies and the City Engineer. / 3. Developer shall be responsible for the relocation of existing public utilities, as required. _ /l- 4. Developer shall be responsible for the installation of street lighting in accordance with Southern Laiifornis Edison Company and City standards. J/' S. 4la ter and sewer system plans shall be designed and constructed to meet requirements of the Cucamonga County tla ter District (CLWO), Foothill Fire Dis[r ict and the Environmental Health Department of the County of San Bernardino. A letter of compliance form LCWD will be required prior to recordation. 6. Approvals havo not been sec!n'cd from all utilities and other interested aganciez in•: olved. ApUroval of the final map o-till be subject to any requ n'ements [hat orgy be received from them. 61. Ge nq ral Reu^i_nm_Pntan_d _(1o0rnvn15 I. Pe. rrniis from other agnnc ies Hill he re quirod as follows: L ,_A. Caltr :ns for: • 6. Ccun t~ Dust f•bJie~~~Pnr. required uri nr to issuance of a grading permi y~_f,. San 6~rnardinn Gnm ty Fl o~o~d; ~Contr~l Dits tri ct ' ,~ . .1_0. Oche r: ~'~7(ut_~a! :L_'t"°~'fs~_~I~l`A4,~.~..~ G.~ , /~ R /~2. A copy of the Covenants, Conditions and Restrictions (CC&R's) and Articles of Incorporation of the Homeovmers Association, subject to the approval of C the City Attorney, shall be recorded with this map and a copy provided to the City. • ~ ~,/olN 1LNc/t~J / 3. Prior to recordation, a Ho Lice of Intention t~ form Landscape and Lighting Districts shall be filed with the Lity Council. The engineering costs involved in Districts Formation shall be borne by the developer. 1/~4. Final parcel and tract maps shall conform to City standards and procedures. • ~~y ORDINANCE N0. 133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONOA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208-011-02, 03, ANU 04 FROM A-P TO R-3 LOCATED SOUTH OF BASE LINE ON THE WEST SIDE OF HEL LMAN AVENUE. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed 6y 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 recommendation. B. That this rezoning 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 described real property is hereby rezoned in the manner stated, and the zoning map is hereby amended accordingly. A-P (Administrative and Professional) to R-3 (Multiple-family residential). Said property is located south of Base Line on the west side of Hellman Avenue, known as Assessor's Parcel No. 208-D11-02, 03 and 04. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk sha1T cause the same to be published within fifteen (15) days after its passage at least once in The Oaily 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 1981. AYES: NOES: ABSENT: • /9D • v~ _ 133 Page 2 ATTEST: Lauren M. Wasserman, City Clerk Phillip D. Schlosser, Mayor /9( .. Jim fi Mary R. Howland 8344 Lion St. Rancho Cucamonga, G 91730 • December 9, 1980 City Council Rancho Cucamonga City Hall 9320 Vaseline Road Alta Loma, CA 91730 Dear Council Members; This letter is to express our concern over the proposed building of 398 condo- miniums on the Southwest corner of Foothill and Hellman. As hmseowners in the tract of homes located just below Foothill end He Llmen, we are appalled that Che city of Rancho Cucamonga would consider such en inappropriate use of Chat property. We are delighted with the single-family-home ne igh6orhood in which we are situated and believe that the presence of a large condominium unit would . destroy the family-type neighborhood we now live in. This mould be a set- back to us personally and also to the city of Rancho Cucaaonga in terms of it being a desirable area in which to live. I'm sure that various interest groups have their own selfish reasons for want- ing the condominiums built, but I hope that the City Council will weigh the mars cs of the groups and decide that because of the high density of the pro- posed condominiums and Che resulting traffic hazards, increased criminal activities ouch es vandalism, graffitti, burglary, etc., end the destruction of a family-type neighborhood, the perms sa ion to build the condominiums will be denied. (We should point out that we are not against use of the land for single-family dwellings. Even though these types of dwellings will add some- what to the traffic congestion and to the overcrowding in ouz schools, they would be Ln keeping with the type of desirable neighborhoods in which families hope to lf.ve.) Sincerely, \~~~i ~~; ~I2 ~" ~ ~/~7[ ~fix~.lC i ,~ a- J 19 ~ Oear Sir; , I am a working mother buying a home in Rancho Cucamonga. I have never written to any Local, S[a to or Federal Government Offical before. I feel so strongly about the issue at hand I know 1 must express my feelings to you. When my husband and I bought our home on Eastwood, we were told by the salesman [hatikhe field north of our lot would hp. developed into tract homes by Brock and Sons. Due to the building moratorium in effect at the time [his was not accomplished. Brock and Sons gave up their option fo buy [he property and [he field remains vacant. My impressions that some of the reasons the mora[ori um was brought forth include reasons I feel the proposed building of 398 condominui ms on this field is wrong. , When we moved to Rancho Cucamonga in the Spring of 1979, there was a definite over-crowding of the Central School Dis[ri ct. Through • concentrated efforts of a concerned community Dona Merced Elementary opened just in time to avoid double-session classes in [he elementary levels. I, also, would like io point out that the traffic hazards for the intersection of Hellman and Foothill would be compounded greatly. Please review road maintenance records of the number of [rips made [o the intersection of Flellman and Arrow. Vou will find many trips to clean mud, debris and BOULDERS that made [ravel on Hellman during rainy season hazardous, if not impossible. I know this project seems invi clog, but I feel [here are many more sui [a 61e areas in Rancho Cucamonga. Please consider the implications of safety and overpopulation in this area. Thank you for your time. Sincere iy, ~~ n~~ , ~~~~zo "~aa5 ~~~ 4r73d lR3 ... •. _ .. .. , Dcn2 _iRS .. ~ /Y1 `l tti i f C A iV D L Do N'c7 Li ~cE 7}J ~ ~ D ~o.:. aAJE uG (~E('.M~'TTING7IdC CoNST2l.cTC.N .~ ~~ ~ O~i= " N I6N DC,'V Si'P`I " ccn;DC ~S oN TaE Scx-'7H c.;~ST .. .. .. ~ ~ ~ ~ 4%RNc R` ~F fl GIWiAN AN II FcoTN/i.L. BESiDC a T7JL- J6~it~~ T!.AFi'1 ~ A~-+D :./ii'~ H(\zA RDS •i-!il) C~(lL Cr. E-ATE, G.;G ARC ALJO • GGh;GC(~NGD rLlfj i TNI S G,.IiL fi~-Se nr,~seN•r ~ ~~QG.Gy'~ Niil6H ~f r~NCr~..~ A'i M%S FN G"~. ~:, Mt.cN Li~t~: Tai: ~Rr-.~ J~s•r ~ ~~, or- acRE 4rN n~~ ~;IN'cYA ~~ IN C-'N 7AriG . (..•6 PI`L-}~(i ~~ SCaE S/nGl~ F/~Mlc_Y aoM~.S Gc. /H, As /N. '7Z/E or,;~/n•A~ m.J .S,Zo~x nL~~s, S Ut:~~ ODIC $tsi ;nTC-r~Ei'~ S n2~ Ycc2 3i=~ ~ /N i'S~cSi S . /s/ N ~e r,,::~.Y I ~e~ \q80 ~~'~v.q ire C0.~~S`~ < ~~4. C3~rC ~ O W~ ~~ ( 0.r'E QD~nC'err~eQ ~oOU.~' T~n'E._ (~ 3a8 Cc~~.~om:~c.~UV+~S ~o'~v.c* '.v~ o~~ O ~V:~\\ ~ ~~e\vv~av.. We 0.cQ \co % .v. a~~~amen~ \\ t V,_`,~ q~re~ ~~ zu~e~v.~ Ste,\~ ~'2 C~r.~~,n~K'LQ . -T ~na.,~\c ~ ~u ,ter-f 'f~~/o~ O'~vv.0- /9S` X1"1 ~O Dear Sir; I am a working mother buying a home in Rancho Cucamonga. 1 have never written to any Local, State or Federal Government Offical before. I feel so strongly about [he issue at hand I know I must express my feelings to you. ' When my husband and I bought our home on Eastwood, we were told by the salesman tha gthe field north of our lot would be developed into tract homes by Brock and Sons. Due to the building moratorium in effect at the time this was not accomplished. Brock and Sons gave up their option to buy the property and the field remains vacant. My impressions that some of [he reasons the moratorium was brought forth include reasons 1 feel the proposed 6uildi ng of 39° condomi nui ms on this field is wrong. When we moved to Rancho Cucamonga in the Spring of 1979. there was a definite over-crowding of the Central School District. Through concentra [ed efforts of a concerned community Dona Merced Elementary • opened just in time to avoid double-session classes in the elementary levels. I, also, would like to point out that [he traffic hazards for the intersection of Hellman and Foothill would be compounded greatly. Please review road maintenance records of [he number of trips made to the intersection of Flellman and Arrow. Vou will find man trips [o clean mud, debris and BOULDERS that made travel on Hellman during rainy season hazardous, if not impossible. I know this project seems inviting, but I feel there are many more suitable areas .n Rancho Cucamonga. Please consider the implications of safety and overpopulation in [his area. Thank you for your time. Sincerely, p ~~,~~ k~ti.~~(~ ~L . ~[: Ci~-1Q l96 •. C~-C ~~~~CItzWC~Zc, ~,e~ ~ ~v~,~J u~l/-~-~-e ~ N ~~ ,f^yC//ZLt~~u.~G/ ~- C7•'L-i ~L~ ~'i-~iC•'1-Z.e-J, u~.0 i :u,P,J ~ t~ ~~y ~Cp/`~ .a~.~.- .~~___.. a. ;4~ .. ~ s(wv~e.~~ C~d~~-~r~i r( JCS- ~, l c~^,.`l~l'G' dv-r~~7-o'.i~C~ - Jam'- ~G ~~ ~ ~~- ~%' ~.n' -i-~- Ca~ cyc. ~. ~if'~-z- ~~ ,c, L ~'- ~~- ~ ~~ ~ l~ii=~-.,give. ~.~ ,per, .,.~C~C; r .,~~~2~ _ _ fJ~ /q8 • fir/ ~ .~.~~.~,..~ ~ ~~~~~~ ..y- r~/~ s~~~ ~~~-mac. ~„ ~.~ ~~.~ ~~ ~~~ ~~ (~~ ~ ~ ,2 ~` ~~ ~~ ~ Q~T 30 • i a~' Cf['Y OF RA[~Y7-10 CIICAM(~GA o~~~cn.w STAFF REPORT ~~ : _s LL • DATE: January 21, 1981 ~ L T0: Members of City Council and City Manager X77 FROM: Barry K. Hogan, City Planner BY: Oan Coleman, Assistant Planer SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE N0. 80-16 - LANDMARK - A Zone Change from -1 Limited A9 ricultural to R-1 Single Family Residential) for 1.65 acres located on the west side of Turner Avenue at Ironwood Street (Related Item: TT 11577) - APN 1077-041-58. ABSTRACT: The Planning Commission, at its meeting of November 26, 1980, held a duly advertised public hearing to consider the above described project. Upon completion of the hearing, the Planning Commission voted 4-0 to recommend approval of the change of zone from A-1 to R-1. No opposition to the Zone Change was heard at this meeting. The Zone Change to R-1 is heing requested for the development of a 7 unit • single family subdivision on 1.65 acres of land, therefore giving the project approximately 4.2 units Der acre. The Plan is consistent with the Interim and Proposed General Plans and meets all requirements of the Zoning Ordinance. The Planning Commission has approved the Tentative Tract 11577. Attached for your review and consideration are the Planning Commission Staff Reports, Environmental Assessment, and the Planning Commission Resolution. RECOMMENDATION: The Planning Commission has recommended that the City Council approve Zone Change No. 80-16 for the above described project with the adoption of the attached Ordinance. Res pectfull bmitted, ~~~~ City Plan BKH:DC: kp Attachments: Planning Comm ssion Staff Report Planning Commission Resolution Ordinance • aoo - (1TY OF RA!\'CHO CL'G..~Q~A S~1FF RCPORT • GATE: November 26, 1980 T0: Planning Commission FROM: Barry K. Hogan, City Planner BY: Otto Kroutil, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANGE N0. 80-16 -LANDMARK - 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 IOT,-041-58. BRCKGROUND: The applicant is requesting a change of zone far about 1.65 acres of land located on the west side of Turner Avenue, south of Base Line Road, at Ironwood Street (Exhibit "A"). The current zoning of the property is R-1 (limited agricultural) and the request is to change it to R-1 (single family residential). The applicant is requesting the zone change in conjunction with a request for approval of a 7-lot Ten- tative Tract Map, which is also on the agenda for the Commission's re- view and consideration. The proposed zone change must occur to allow the development of the project site as proposed by the applicant. ANALYS75: The project site is presently vacant and is surrounded by. various resiaential and agricultural uses. The specific zoning and land uses for adjacent properties is as follows: Land Nse Zonin Site Vacant A-1 North Citrus Grove A-1 East Vacant, Grave with single family A-1 residence South Citrus Grove with 1 single family A-1 residence West Single family subdivision R-1-T a~( ITEM I F- < ; Staff Report Zone Change 80-16 - landmark Novemher 26, 1980 The site is designated for low density residential uses on both the Interim and Proposed General Plans. The requested zone change is therefore consistent with the General Plan land use designations. Also attached for your review and consideration is Part I of the Initial Study completeG by the applicant. Staff has completed Part II of the Initial Study, the Environmental Checklist, and has conducted a field investigation. Upon completion and review of the Initial Study, Staff found na significant adverse impacts on the environment as a result of the zone change. If the Commission concurs with these findings, and recommends approval of the zone change to the City Council, then the issuance of a Negative Declaration should also be recommended. CORRESPONDENCE: The zone change was advertised as a public hearing in The Dailv Reoort newspaper, and approximately 25 public hearing notices were sent to surrounding property owners within 300 feet of the subject property. To date, no correspondence for or against this project has been received. RECOMMENDATION: It is recommended that the Planning Commission conduct a • pub is hearing to consider all public comments. If, after such hearing, the Commission concurs with Staff that the zone change is consistent with the General Plan, then a Resolution, recommending approval of Zone Change 80-16, should be adopted. A copy of such Resolution is attached for your consideration. ptta chments: Exhibit "A" - Location Map Initial Study Part I Resolution of Approval • a o~ BY.N:OY,: jr (, ~-.. • ti 9.•ry/c /r.+ini/y o R F/°mte ' Cifi/s Crove F Mob:/c Nome lbrK -/-T R R•/-S ~ R-3-3000 w ba+a/ink Ave. i A-/ 4 ~ BC. E. SOO Radius Line ~ ~ s.~rfr1:M S.:.y /t FiinN Nemrs cl/rw . R-/-T o ~R -/-T It ~ A-f ~° ~ C "L ~ - 9~f ' ~ f F _, S• i4cenf t a~n A-l -hT ~ R-/ C.'/r/a Grove i S~ /e Fdm:;y 4 Nenree C j 4 r R-/ R-z-T R-/ Noft~ S.1r ~a Cenera/ P/annrd as R-/ SITE PLAN ao3 ~~ , ~ 1 , ~/ ~ 1 ,1 CITY OF RANCRO CDCAMONC,A INITIAL STUDY • PART I - PROJECT IIvTFD RMATION SHEET - To be completed by applicant Environmental Assessment Review Fee: $80.00 For all projects requiring environmental review, this form must be completed and submitted to the Developmene Review Committee through the department where the project application is made. Upon receipt of this application, the Environmental Analysis staff will prepare Part II of the Initial Study. The Development Review Committee will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no environmental impact an3 a Negative Declaration will be Ei1ed, 2) The project will have an environmental impact and an Environmental Impact Report will be pzepared, or 3) An additicnal information report should 'ne supplied by the applicant giving further information concerning the proposed project. PROJECT TITLE: Tentative Tract 11577-Gusto m Lot APPLICA\^f"S NAME, ADDRESS, TELEPHONE: Lana mark Consultants, Inc. 902 W. 9th St.. Upland. CA 91786 981-5602 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CO NCE RVING THIS PROJECT: Terrance A. Lane 902 W. 9th St. , Upland, CA 91786 981-5602 ION OP PROJEtCT (STREET ADDRESS A~'D ASSESSOR PA FiCEL NJ.) LIST OTHER PERMITS NECESSARY FP.OI.1 LOCAL, REGIONAL, STATE AND FEDGILIL :.GEaCIES AND THE AGENCY ISSUING SUCH PERMITS: C nca monga County Water Dis [r ict Calif. Dept, of Real Esta [e T-( ao~ ' ~ J~ ~ ~: ~~ PROJECT DESCRIPTION DESCRIPTION OF PROJECT: ~ 1 +s o to an bdi v'einn ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, Z£ ANY: 1.5 acres groan- no strnch,res at or esent Pr po ed str ctur s kno n DESCRIBE THE ENVIRONMENTAL SETTING OF THE PROJECT SITE INCLUDING INFORMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SHEETS): TL aLU 1 1 Fyjp f th rt. a1 ~Fy atnlY • ~I o ood St t as o t t d £ T r 4446 n,rr rntlY dead ands - at the 1Vest side of the orooerty. Three Citrus frees ar currently on th ooerty, T is the project, part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? Ih o. 1 U 1- Z aas .. ~-- C- WILL THIS PROJECT: YES NO X 1. Create a substantial change in ground contours? X 2. Create a substantial change in existing noise or vibration? X 3. Create a svbsta ntial change in demand for municipal services (police, fire, water, sewage, etc.)? X A. Create changes in the existing zoning or general plan designations? X 5: Remove any existing trees? How many? 3 X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? E.plarat ion of amp YES answers above: Zone will be eban~e= from arri culritre to residential • Three citrus trees will be removed. IMPJ RT.3~PP: If the project involves the constrv etion of residential units, complete the form on the next page. CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the date and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I further understand that additional information may be recv fired to be submitted before an adequate eva ulation can be made by the Developaanc Review Committee. Date C ~ -t Z ~ ~r Signature II~C~~..~ l ~ /~. Title Owner Y - ao~ - c- ~- • ItE SI DENTIAL CONSTP.UCTION The following information should be provided to the city of Rancho Cucamonga Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Morris Lane , Tract 11577 Specific Location of Project: Turner Aven. @ Ironwood St. PHASE I PFIP.SE 2 PHASE 3 . PHASE 4 TOTr.L 1. Number of single family units: 7 2. Number of multiple family units: ' 3 Uate proposed to • begir. construction: - ' 4. Earliest date of occupancy: ~~ ~~ Modal $ ' and of Tentative 5. Bedrooms Price Rance Unknown at this time- ' Prniect will be custom Lots. ~• ~--. 1 .~. 67 ~- ~. 1•i RESOLUTION N0. 80-71 v A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING • COMMISSION RECOMMEND[ NG APPROVAL OF ZONE CHANGE -* N0. 80-16 RE4l1ESTING A CHANGE iN THE ZONING FROM A-1 TO 2-1 FOR 1.65 ACRES LOCATED AT IRONWOOD, ON THE WEST SIDE OF TURNER - ASSESSORS PARCEL ,~ N0. 107-041 -58. WHEREAS, on the 29th day of August, 1980, an application was filed and accepted on the above described project; and WHEREAS, on the 2fi th day of November, 1980, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code. SECTION 1: The Rancho Cucamonga Planning Comniss ion has made the following findings: 1. That the subject property is suitable for the uses permitted in the proposed zone in terms of access, size, and compatibility with existing land use in the surrounding area; 2. The proposed zone change would not have significant impact on the environment nor the surrounding properties; and 3. That the proposed zone change is in conformance with the • proposed General Plan. SECTION 2: The Rancho Cucamonga Planning Commission has found that [his project will not create a significant adverse impact on the environment and has issued a Negative Declaration on November 26, 1980. NCW, THEREFORE, BE IT RESOLVED: That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Commission of the City of Rancho Cucamonga hereby recommends approval on the 26th day of November, 1980, Zone Change No. 80-16. 2. The Plann in9 Commission hereby recommends Chat the City Council approve and adopt Zone Change No. 80-16. 3. That a Ce~•tif;ed Cop, of this P._e^lu?ion end •e L :ed ^aterial hereby adopted by the Planning Commission shall be foro,a rded to the Ci[y Council. , APPP,OVED At10 ADOPTED THIS 26TH DAY OF IIOY EFIAER, 1980. • ao8 ut __ _ l Page 2 ~` 9~ • ~ PLANNING COhV4/1 S510N/OF THE LaaI TY OF RANCHO CUCAMONGA Richard Ua/h(/l~(,~I/(Cha rman ATTEST: l'~~""`~W ~~~~ Secretary of the Planning Comnission I, JACK LAM, Secretary of the Planning Commission of Lhe City of Rancho Cucamonga, do~hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Comnission of the City of Rancho Cucamonga, at a regular meeting of the Planning Comnission held on the 26th day of November, 1980 by the following vote to-wit: AYES: COMMISSIONERS: Sceranka, Tolstoy, Rempel, Dahl NOES: COMMISSIONERS: None • ARSENT: COMMISSIONERS: King , I 1 U a a9 G1'Y OF RAlVQiO C[X'ANIOI\K~A. STAFF REPORT DATE: November 26, 1980 ~ uH ""' 1977 T0: Planning Commission ~ ~• FROM: Barry K. Hogan, City Planner BY: Otto Kroutil, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT N0. 11577 LANDMARK - A custom lot subdivision of 1.65 acres into 7 lots in the proposed R-1 zone, generally located on the west side of Turner Avenue, south of Base Line Road, at Ironwood Street - APN 1077-041-58 BACKGROUND: The applicant is requesting approval of a custom lot subdivision for the purpose of subdividing 1.65 acres of land into 7 lots in a proposed R-1 zone. The project site is located on the west side of Turner Avenue, south of Base Line Road, at the proposed ex- tension of Ironwood Street (see Exhibit "A"). A zone change from A-I (limited agricultural) to R-1 (single family residential) has been submitted in conjunction with this subdivision, and is fully described in the preceeding Staff Report. The project has been reviewed by the Growth Management and Design Review Committees as a custom lot subdivision in accordance with the Growth Management Ordinance and received a rating of 48 points. This. rating exceeds the required threshold by 5 points, and the project is therefore eligible for cnns5 deration by the Planning Commission, (Exhibit "C", Growth Management Rating Form). The tentative map had also been reviewed by the Grading Committee, and has since been re- vised in accordance with ffie Grading Committee recommendations (an excessive slope bank at Lhe south side of tats 5, 6, and 7 has been eliminated). ANALYSIS: The tentative map has been prepared in accordance with the State Su6di vision Map Act and the CT ty's Subdivision Ordinance. The subdivider will be required to dedicate 11 feet of right-of-~~~ay along the east boundary of the tract, and improve both Turner and Ironwood Street frontages. The subdivider's proposing a 50 foot right-of-way width for Ironwood Street in lieu of the Standard 60 foot right-of-way. However, the proposed pavement width of 36 feet wieh sidewalks adjacent [o the curb will match the design of existing improvements on Ironwood Street in Tract No. 9449, adjacent impiediately [o the west. The full 60 foot right-of-way is therefore not necessary. ITEM J• Staff Report, TT 11577 November 26, 1980 Page 2 In its present form, the subdivision is a logical and orderly extension of existing development, and the lots meet the requirements of the proposed R-1 zone. However, it should be noted that the front yard setbacks must average 25 feet in depth, with 20 foot minimum front yard required. The 15 foot minimum front yard setbacks, shown on the map, are therefore not acceptable and should be revised prior to final map approval. Also attached for your review and consideration is Part I of the Initial Study completed by the applicant. Staff has completed Part II of the Initial Study, the Environmental Checklist, and has conducted a field investigation. Upon completion and review ~of the Initial Study, Staff found no significant adverse impacts on the environment as a result of the subdivision. If the Commission concurs with our findings, the is- suance of a Negative Declaration for this project is recommended. CDRRESPD}1DENCE: The tentative tract map was advertised as a public hearing item in the Daily Report newspaper. However, to date no cor- respondence for or against the project has been received. RE CDPRdENDATIDN: It is recommended that the Planning Commission conduct a public hearing to receive public input. If, after such hearf ng, the Commission concurs with the findings and conditions of approval recommended by Staff, the adoption of the attached Resolution of Approval, with conditions, would be appropriate. Respectfully submitted, / / +/ onrt rt,~ n.' nUU. ~,:Gi t~ Planner BRN:cd Attachments: Exhibit "A" - Location Map Exhibit "B" - Tentative Tract Map No. 11577 Exhibit "C" - Growth Management Rating Form Ini tf al Study, part I Conditions of Approval Resolution of Approval ~~r SITE UTILIZATI'~N MAP TENTATI''E TRACT Nib. 11577 _, c, a ,a,,..„._. .., _~~ ~~ f[]K-~- i •fa' ~: 3~ LO'f v'& i[9 '`/ W~ ail ~_C~"~ iJ: Ji ~- -inoe~aao` I I ~-- f- _~•L__-. TENTATIVE TRACT N':). 11577 ix fxe CITY OF NPNCHO CUCPMONGP !1f[Unf IIO~O _ - -----------=--- J Gf I J I J[l I ~ '\. .... ~j1t~ ~.° ,- :,;% -.~.__. ,~J '_~ ~ ., ;: - _ '-- .~ .,. ., .. - ,.;,f..,,~,,,w , o~«.., ;. I V~<IN/T~ uI/ •e4wine0 x[CIf ,..~_, ~,.a..,..,. c:..:. .nor .. v. c.. l ~~ .~..,.~ w r....... ai ne...wn .... n <........«.......... 4 ~'i :[ ...., o....,......' .......... ._ __ G ., _,. ~~s GROWTH t~1ANAGE\IEi\IT rating form for: CUSTOiVI LOT/ TRACT SUBllIVISIONS PROJECT (FILE N0. /APPLI CANT):~~ I~`77 -/Ld'~^t~LS.^-..~G REVIEW PERIOb:_°_~_ "ct13r_!Z. - N.--;'~.~%a+_,= ~,_~ DATE:?~ ~ ' SECTION TOTALS SECTION is PUBLIC SERVICES ~~~e- SECTi0t7 2: SITE ORIENTATIOF! AND STREET DESIGN 5? SECTION 3: ORDERLY DEVELOPMEPIT TOTAL RATING: ~'~ ~ *9U Points Maximum; 43 Points Minimum Must Be Attained For Further Considerat4on of The Project. a ( ` c ,, C CITY OF RANCAO COCAMONGA INITIAL STUDY • PART I - PROJECT INFD RMATION SHEEP - To be completed by applicant Environmental Assessment Review Fee: $80.00 • For all projects regvir ing environmental review, this form must be completed and submitted to the Development Review Committee through the department where the project application is made. Upon receipt o£ this application, the Environmental Analysis staff will prepare part II of the Initial Study. The Development Review Committee will meet and take action no later than ten ' (10) days before the public meeting at which time the project is to be heard. The Committee will make one of three determinations: 1) The project will have no envirenmertal impact and a Negative Declaration will be filed, 2) The project will have an environmental impact and an Environmental Impact Report will be prepared, or 3) An additional information report should be supplied C by the applicant giviay fv-. _her information concerninc the proposed project. • PROJECT TITLE: 'rP tali ve Tract 11577-Custom Lot APPLICANT'S NAME, ADDRESS, TELEPHONE: Lana mark Consultants, Inc. any tv oth St Upland CA 91786 981-5602 NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CO NCE RVZ?IG TFIIS PROJECT: Terrance A,Lane 902 W. 9th St., Upland, C ^ 9178h 98l -5602 _ __ 7.oCATI0:1 OF PROJECT (STREET ADURESS AhD ASSESSOR PARCEL No J _ __Turnar_.?,v~_~ itomvoo3 St.__ AP\ 1017. 041-58 _ LIST OTFiER PE:L^IT 2S NECESSARY FROM LOCA7:, REGIONAL, STATE AND FEDDFAL AG E;ICZES AND TH°_ AGENCY ISSUING SUCH PER^tITS: Cuca money County Water District Calif. Dep[. oC Real Esta [e . ', j a-s - c • PROJECT DESCRIPTION DESCRIPTION OF PROJECT: 7 lnr r•n atom lnr a.hdivi sine ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED EUILDINGS, ZF ANY: 1 S acre orn==_ nn s r. h.r _ at resent. Pro osed structures unknown DESCRIBE THE ENVIAO.PtENTAL SETTING OF THE PROJECT STTE INCLUDING INFO RMATION ON TOPOGRAPHY, PLANTS (TREES), ANIMALS, ANY CULTURAL, HISTORICAL OR SCENIC ASPECTS, USE OF SURROUNDING PROPERTIES, AND THE DESCRIPTION OF ANY EXISTING STRUCTURES AND THEIR VSE (ATTACH NECESSARY SHEETS): • 'I oP ~ ~ d st t as t utca t T oa16 srrlo aP=.i rod= a[ the tY t 'd of the o rv Thre Citr s frees cur a tlv th *t Is the project, part of a larger project, one of a series of cumulative actions, which although individually small, may as a whole have significant environmental impact? N o. art • - ~ l • WILL THIS PROJECT: YES NO , X 1. Create a substantial change in ground • contours? X ~ 2. Create a substantial change in existing noise or vibration? X 3. Create a substantial change in demand for municipal services (police, fire, water, sewage, etc.)? X __ 4. Create changes in the existing zoning or general plan designations? ' X 5: Remove any existing trees? How many? 3 _ _ X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? C - Explanation bf any YES. answers above: ,,one will be chanEes- fpm aV riculture to reaid ential _ ,Three citrus trees will be removed. IMPJ RTADTT: If the project involves the construction of residential units, complete the form on the next page, CERTIFIC:.T IO N: I hereby certify that the statements furnished above and in the attached exhibits present the data and . information required for this initial evaluation to the beat of my ability, and that the facts, statemenks, and informatics presented are True and correct to the best of my know le dyc and belief. I further Understand that additional information may be required to be submitted before an adr_quate evaulation can be made by the Develop: ent Review Committee. /^ ~} l Date $ ~ '- 2 ~; Signature Y~~l, ~~... 1 , J,. Title Owner . ~ ~-~~ ~.r~ RESIDENTIAL CONSTRUCTION • The follotuing infozmation should be provided to the City of Rancho Cucamonga , Planning Division in order to aid in assessing the ability o£ the school district to accommodate the proposed residential development. Name of Developer and Tentative Tract No.: Morris Lane, Tract 11577 Specific Location of Project:Turner Aven. @ Ironwood St, PHASE I ?RASE 2 PHASE 3 .PHP,SE 4 TOTF?, 1. Number of single family units: 7 2. Number of multiple family units: 3. Date proposed to • begir. construction: 4_ Earliest date of ~~ occupancy: ~.. .. Model 8 and ~ of Tentative 5. Bedrooms Price Rance Unknown at this time- Proiect will be custom Lots. T 4-~ .__~_..._._ d~~ ._. ._.~_ RESOLUTION N0. C A RESOLUTION OF THE PLANNING COMMISSION OF THE • CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING TENTATIVE TRRCT MAP N0. 11577. WHEREAS, Tentative Tract Map No. 11577, hereinafter "Map" submitted by Landmark Consultants, Inc. ,applicant, for the purpose of subdividing the real property situated in the City of Rancho Cucamonga, County of San Bernardino, State of California, described as a rectangular area of 1.65 acres generally located on the west side of Turner Avenue, at Ironwood Street, into 7 lots, regularly came before the Planning Commission for public hearing and action on November 26, 1980; and WHEREAS, the City Planner has recommended approval of the Map subject to all conditions set forth in the Engineering and Planning Divisions reports; and WHEREAS, the Planning Commission has read and considered the Engineering and Planning Divisions reports and has considered other evidence presented at the public hearing. NOW, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: ! Section 1. The Planning Commission makes the following findings in regard to Tentative Tract No. 11577 and the Map thereof: (a) The tentative tract is consistent with all applicable • interim and proposed general and specific plans; (b) The design or improvements of the tentative tract is consistent with all applicable interim and proposed general and specific plans; (c) The site is physically suitable for the type of development proposed; (d) The design of the subdivision is not likely to cause substantial environmental damage and avoidable fnjury to humans and wildlife or their habitat; (e) The tentative tract fs not likely to cause serious public health pro b'.ems; (f) The design of Che tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property _ with the proposed subdivision. • ^~I Page 2 No. (g) This projert will not create adverse impacts on the • environment and a Negative Declaration is issued. Section 2. Tentative Tract Map No. 11577, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: Planning Division 1. The project must be consistent with the General Plan and all of its policies and guidelines at the time of final map approval for subdivisions and at the time of building permit issuance for all other residential projects. 2. Prior to approval and recordation of the final map, or prior to issuance of building permits, when no subdivision map is involved, written certification from all affected School Districts, shall be submitted to the Department of Community Development which states that adequate school facilities are or will be capable of accommodating students generated by this project. Such letter of certification must have been issued 6y the School District within sixty (60) days prior to the final map approval in the case of the subdivision map or issuance of permits in the case of all other residential projects. • 3. Prior to approval and recordation of the final map, or prior to the issuance of building permits when no map is involved, written certification from the affected water district, that adequate sewer and water facilities are or will be avaflable to serve the proposed project, shall be submitted to the Department of Community Development. Such letter must have been issued by the water district within sixty (60) days prior to final map approval in the case of subdivision or issuance of permits in the case of all other residential projects. For projects using septic tank facilities allowable 6y the Santa Ana Regional Water Control Board and the City, written certification of acceptability, including all supportive information, . shall be obtained and submitted to the City. 4. All slope banks in access of five (5) feet in vertical height shall be landscaped and irrigated in accordance with slope planting requirements of the City of Rancho Cucamonga. Such slope planting shall include but not be limited to rooted ground cover and appropriate shrubs and trees. All such planting and irrigation shall be continuously maintained in a healthy and thriving condition b~ the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, an inspection of Che slopes shall be completed by • the Planning Staff to determine that it is in satisfactory condition. o~ ~ Resolution No. Page 3 5. This subdivision was not submitted as a total development • package and is required to reapply fora point rating relative to the design section of the Growth Management Ordinance if the subdivision is going to 6e developed as tract homes. 6. This approval shall become null and void if the tentative subdivision map is not approved and recorded within twelve (18) months from the approval of this project unless an extension has been granted by the Planning Comni ssion. 7. Solid core exterior doors, security dead bolts and locks shall be installed on each unit in this project. 8. A 15 foot corner cutoff area shall be provided and maintained at the southeast corner of Lot No. 5, to protect visibility and safety of access to the adjacent single family residence. 9. The design of the block wall along Turner Avenue is subject to approval 6y the City Planner and the Building Official prior to finai map recordation. The wall should not extent within the 25' front yard setback. C 30. Front yard setbacks must average 25 feet in depth, with a mainimum of 20 feet required. Such setbacks shall • be shown on the final map prior to its recordation. Engineering Division L1. A 5' wide easement for public utility purposes contiguous to Ironwood Avenue right-of-way, shall be dedicated and shall be delineated on final map. 12. All lots shall drain to Ironwood Avenue. 13. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 14. Flow easements or City drainage easements will be required where runoff from the tract flows onto private property. 15. A11 existing easements lying within the future right-of-way . are to be quit claimed or delineated as per the City Engineer's requirements, prior to recordation of the tract map. ' L • as ~ i nu. Page 4 • 16. Construct all storm drain and drainage structures as C~ shown on the tentative map or as required by the City Engineer. 17. All Deri meter landscaped parkways are required to be annexed into the landscape maintenance district. 18. Landscaping and irrigation systems required to be installed on public right-of-way on the Derimeter of this tract area shall be continuously maintained by the developer until accepted by the City and annexed into the landscape maintenance district. APPROVED AND ADOPTED THIS 26TH DAY OF NOVEMBER, 1980. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: Richard Dah ,Chairman ATTEST: Secretary of the Planning Commission / I, JACK LAM, Secretary of the Planning Commission of the Ct ty of Rancho Cucamongz, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 26th day of November, 1980 by the following vote to-wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: • L aaa- DEPART!IF.NT OF COM~:'1N ITY DEVELOPMENT STANDARD CONDITIONS C •. Sub]ect: r f~~. ~~rj77 -T~I'~6'Tfa ~77.+6 G Applicant: / ~ ~Ph'IA2lL ~~aN(~6~~$ v LNG Location: WGS7 SArJE ~ 7L/k'/fE/Z ~6r ~CoA/Nbop (A~~J 1077- o41-St?,~ Those item s checked ate conditions of approval. APPLICANT SHALL CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING POND IT IONS : A. Site Devel opment 1. Site shall be developed in accordance with the approved site plans on file ' in the Planning Division and the Conditions contained herein. ' 2. Revised site plans and Uu ild ing el eva[ions incorporating all conditions of _ approval shall be submitted to the Planning Division prior to issuance of ' building pe Cnits. f~ 3. Approval of this request shall not waive compliance with all sections of .' the Zoning Jrdinance and all other app Licabie City Crd finances in ef`ect at C time of Building Permit issuance. f • y 4. The developer shall provide all lots wi ch adequate aideyard area for Recreation Vehicle storage pursuant to City standards. ~/ i. Mail boxes, in areas where sidewalks are required, shall be installed and located by the developer subject to approval by the Planning Division. 6. Trash receptacle areas shall be enclosed by a 6 foot high masonry wall with View obstructing gates pursuant to City standards. Location shall be subject [o approval by the Planning Division. 7. IE dwellings are to be constructed in an area designated by the Foothill Fire District as "haza cdous:, the roof materials must be approved by the Fire Chief and Planning Division prior to issuance of a 6ui ld ing Permit. _ R. The developer aha L1 in terrace a variety of aor•:oved roof materials and color: into Urn design of the residential development in a manner which is both compatible and complimentary among each of the residential units. 9. All roof acpurtenances, including air cpndit ionere, shall be architecturally in tr. qra ted, sh ie+l 4ad (ram view and the snood hnf f.+rod from ad`.acenr.-properties and streets as requtrnd by the Planning and Puild inu Divisions. _ L0. Pr inr [o any usr of thr pro~nr r. site nr Uus umss activity being commenced r thrtrm n, all co nditionr of aFprnval contained he [e;n shall De completed [o th n, sans faction of Che Director of Cwmunir.y Development. • a~3 e. Parking and yehicu Lar Access • 1. All parking lot landscaped islands shall have a minimum inside dimension of 4' and shall contain a 12" walk adjacent to parking stall. _ 2. Parking lot lights shall be a maximum height of 12'From the finished grade _ _ of the parking surface and directed away from all property lines, adjacent streets and residences. 3. Parking lot trees shall be a minimum 15 gallon size. 4. All two-uay aisle widths shall be a minimum of 24 feet wide. 5. Emergency access shall be provided maintenance free and clear, a minimum . of 24 fee[ wide at all times during cons[n:ction in accordance with Foothill •. Fire District requirements. 6. A11 parking spaces shall he double stripped. C. Landscaping _ 1. A detailed landscape and irrigation plan shall be submitted to and approved by the Planning Division prior to the issuance of huildinq permits. • 2. A Master Plan of the Existing On-Site Trees shall be provided to the Planniag Division prior to the issuance of building permits and prior to grading to determine which trees shall be retained. _ 3. existing Eucalyptus trees shall be retained wherever possible and shall be trimmed and topped at 30'. Dead, decaying or potentially dangerous trees. shall be approved for removal at the discretion of the Planning Division during the review of the Master Plan of Existing On-Site Trees. Those trees which are approved Eor removal shall be reoLaced on a tree-fat-tree basis as provided by the Plann inq Division. _~ 4. Street trees, a minimum of 15 gallon size or larger, shall be installed in accordance with the Master Plan of street trees for the City of Rancho Cucamonga and shall be planted at an average of every 30' an interior streets and 20' on exterior streets. _ 5. A minimum of 50 trees per gross acre, comprised of the Eo llowinq sizes, shall be provided within the development; 209-24" box or larger, 709-15 gallon, and 101-5 gallon. _~ 5. All la nd scaoed areas shall be maintained in a healthy and thriving condi- tion, free Erom weeds, trash, and debris. ' • ~~ D. Signs C ~ 1. Any signs proposed for this development shall be designed in conformance ' with the Comprehensive Siqn Ordinance and shall require review and approval • by the Planning Division prior to installation of such signs. _ 2. A. uniform sign program for this development shall be submitted to the Planning Division foe their review and approval prior to issuance of Building permits. E. Recreation _ 1. The developer is required to obtain the following signed statement by purchasers aE 'nomes which have a private or public equestrian trail on or adjacent to their property. In purchasing the home located on Lot Tract on (date) I have read the CCSR•s and understand that said Lot is subject to a mutual reciprocal easement for the purpose of allowing equestrian traffic to gain ' access. Signed • Purchaser Said statement is to 6e filed by the developer with the City prior to occupancy. F. Addit ionnl AOOrovals Requi: ed L. Director Review shall 6e accomplished prior to the issuance o£ a Building Permit. 2. Director Review sha71 be accomplished prior to recordation of [he final / subdly rs ion map. N 1. Approval of Tentativa~.Trn ct No. I~. ;, is granted sub i=mot to the approval of J 4. Th i:; Conditional Ilse Pe emir. is yrnntnd for a pe and of month ls) at which ..ime the PLn nn inn Canmiss ion may add or delete conditions or revoke [h r, Conditional Use Fermi t. • ass APPLICANT SHALL CONTACT THE BUILDING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: • Site Deve looment C I. The applicant shall comply with the latest adopted Vn iform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and all other applicable codes and ordinances in effect at the time of approval of this project. 2. Prior to issuance of building permits for combustible construction, evidence shall be submitted to the Foothill Distriet.Fire Chief that water supply for fire protection is available. 3. Prior to the issuance of a building permit fer a new residential dwelling unit(s) or major addition to an existing unit(s), the applicant shall pay development fees at the established rate. Such Fees may include, but not be limited to: City Beautification Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking fees, and school fee. 4. Prior to the issuance of d building permit for a new commercial or industrial development or addition to an existing development, the applicant shall pay development fees at the established rate. Such fees may include, but not be limited to: Systems Development Fee, Drainage Fee, Permit and Plan Checking fees. 5. This approval shall become null and void if build inq permits ate not issued Eor this project within ore year from the date of project apprpva 1. • ~ 6. Street names and addresses shall be provided by the building off ital. H. Existing Structures 1. Provide compliance with the Un iEOrm Building Code Eor property line clearances considering use, area and fire-resistiveness of existing buildings. Z. Existing 6u ild inq (s) shall be made to comply with current Building and Zoning regulations for the intended use or the build inq shall be demolished. 1. Exis tinq sewage dispo<al facilities shall he removed, filled and/or capped to comply with appropriate grad rng practices and [he Uniform Plumbing Code. i I. Orodrm~ • / 1, r,; ud inq of thn suhject pro l,e rty shall be in accordance with Che Uniform Bu ildinq Code, City ,radinq Standards and accepted grading practices. a~c~ _ 2. A soils report shall be prepared by a qualified engineer licensed by the C State of California to perform such work. 3. A geological report shall be prepared by a qualified engineer oz geologist • and submitted at the time of application for grading plan check. ' 4. The final grading plan shall be subject to review and approval by the Planning, Engineering and Building Divisions and shall 6e completed prior to recordation of the final subdivision map or issuance of building permit whichever comes firs! APPLICANT Sf{ALL CONTACT THE ENGINEERING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: J. Dedications and Vehicular Access :`~I 1. Dedications shall be made by final map of all interior street rights-of-•••ay and all necessary easements as shown on the tentative map. 2. Dedication shall be made of the following missing rights-of-way on the follwing streets: ~• ~~ additional .feet on -//.l~A~E'O .Q~E • ' additional feet on additional feet on 3. Corner Property line radius will be required per City standards. 4. all rightt=of vehicular ingress to and egress from shall be dedicated as follows: ,~ ° ,-•.,~~,•. _•C~J4i r-,riloc::S ~ ~sf~ - • 5. ftec iprocal easements shall be provided ensuring access to all parcels over private roads, drives, or parking areas. , 6. Adequate provisions shall 6e made for the ingress, engross and internal circulation of any trucks which will be used for delivery of goods to the property or in the operation of the proposed business. K. Street Imoro vemenes 1. Construct full street impcovements including, but not limited to, curb and gutter, A.C. pavement, sidm+alk, drive appcoachec, parkway trees and street lights on all interior streets. r • a~7 2. Construct the .following missing improvements includ inq, but not limited - to: • TREET NAME S CURB fi GUTTER A.C. PVtTI'. SIDE- WALK DRIVE APPA. STREET LIGHTS A.C. OVERLAY WHEEL CNAIA RAMPS OTHER ~ } J{It?NER LSVc' / / / / _~ J. Prior to any work being per Eormed in the public right-of-way, an encroach- ment pemit and fees shall be obtained from the City Engineer's Office, in addition to any other permits required. !~ 4. Street improvement plans amproved by the City Engineer and prepared by a Registered Civil Engineer shall be required, for all street improvements, prior to issuance of an encroachment permit. / 5. Surety shall he posted and an agreement executed to the satisfaction of the City Engineer and the City Attorney, guaranteeing completion of the public improvements, prior to recording of the map or the issuance of building permits, whichever comes first. • / 6. All sties[ improvements shall be installed to the satisfaction of the City Engineer, prior to occupancy. 7. Pavement striping, marking, traffic and street name signing shall 6e installed per the requirements of the City Engineer. L. Dra in ago and Flood Control 1. The applicant will be responsible for construction of all posits drainage Eacil Kies required by the City Engineer. 2. in terser Lion drains will M re?u fired at the Eollo'.+inq locations: / 1. Thr. proposed project falls within areas indicated as su bj ecC Lo flooding under the thtion.al Floral in su since. Program and is subject to the provisions cf that program and City Ordiw nce ^o. 24. ,, J. •, dra inaye chunncl and/or Elood nro test ion ~.+all will 6e required to protect the structures b•; diverting sheet runoff to streets. aa~ "fuwJcrt b~ . d _f~ 5. `^1'^ - '-- - -hall be designed as major water carrying streets requiring a combination of special curb heights, commer- cial type d:ive approaches, rolled street connections, fl and protection walls, and/or landscaped earth berms and rolled driveways at property line: M. Utilities 1. All proposed utilities within the project shall be installed underground inclue>.ng utilities along major arterials less than 12 1(V. _~ 2. Utility easements shall 6e provided to the specification of the serving utility companies and the City Engineer. 1~ 3. Developer shall be responsible for the relocation of existing public utilities, as requited. 4. Developer shall he responsible for the installation of Street lighting in accordance with Southern California Edison Company and City standards. C _// 5. Water and sewer system plans shall be designed and constructed to meet requi: emen[s of the Cucamonga County Water District (CCIJD)r Foothill Fite • District and the Environmental Health Department of the County of San Bernardino. A letter of compliance from CCSwD will be required pz for to recordation. (,I 6. Approvals have not keen secured from all utilities and other interested agencies imo LVed, Approval of the final map ~.aill be subject to any requirements that may be received From them. N. Cennral Bean iremenis and Approvals 1. Fe mits from other agencies will be required as fo Llows: A. Cal[rans fur: _D. roun[y f:u st Aba [ement (reyuired prior to issuance of ,a _C. Son ftc rna nano County Flood Con [rot fli sir ict _ D. Other: 2. A ropy of the Covn,nants, Conditions and Restrictions (CCSR's) and • A r.tc .les of In corprn rattan of the fiomeo:mnrs AnSOCiation, subject to the approval o: the Ci C/ Attorney, shall be recorded with Chis map artd a copy provided to the Cicy. aaq _ 3. Prior to recordation, a Notice of Intention to form Landscape and Lighting Districts shall be filed with the City Council. The engineering casts r • involved in District Formation shall 6e home by the developer. l a. Final parcel and tract maps shall conform to City standards and procedures. lJ • C a3 0 ORDINANCE N0. 134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO • CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077-041-58 FROM A-1 to R-1 LOCATED ON THE WEST SIDE OF TURNER AVENUE AT IRONWOOD STREET. The City Council of the City of Ranchn Cucamonga, California, does ordain as follows: SECTIOPI 1: The City Council hereby finds and determines the following: A. That the Planning Commission of the City of Rancho Cucamonga, following a public hearing held in the time and manner prescribed by law, recommends the rezoning of the property hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law as duly heard and considered said reconmenda Lion. B. That this rezoning 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 described real property is hereby rezoned in the manner stated, and the zoning map is hereby amanded accordingly. A-1 (limited agricultural) to R-1 (single-family residential). Said property is located on the west side of Turner Avenue at Ironwood Street, known as Assessor's Parcel No. 1077-041-58. 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 pu6l fished in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of 1981. AYES: PIOES: AOS ENT: • ref u Ordinance No. 174 Page 2 Phillip O. Schlosser, Mayor • J ATTEST: Lauren M. Wasserman, City Clerk a.~ ~wTSr ~c o ~ nv-,.yam r, r~ s~w.rn STAFF REPORT January 13, 1961 To: •City Council and City Manager From: 8i11 Holley, Director, Community Services Department Subject: Amendment to Ordinance 105, relating to Park Dedication within new subdivisions. The Council is aware of the details of Ordinance 105 through an extensive public hearing process last summer. While having received no specific complaints about the formula's mechanics from applicants, I see a potential quagmire posed by the floating value of "L" in the formula. ~~ NSP L+D 1000 ' minimum fee NHERE: • N = number of proposed dwelling units. S - planned park acreage Der 1,000 population. P population per dwelling unit on a scale and density set by the responsible public agency. L = fair market value of parkiand per acre as represented by the land being subdivided. D = average cost per acre to develop park as determined by the public agency. (H) Park and Recreational Use Land Fair Market Value. The fair market value shall 6e determined at the time of recordation of the parcel map of final map in accordance with the following criteria: (1) The fair market value as determined by the City Council; or, (2) If the su6d ivider objects to such evaluation he may, at his own expense, obtain an appraisal of the property by a qualified real estate appraiser from the ganeral area approved by the City, which appraisal may be accepted 6y the City Council if found reasonahle." This, of course, makes it difficult fora developer to "pencil" cost to the planning stage, not knowing what the land value will be set at. It also poses a problem for the Building and Safety Division while collecting fees. ~ 33 Staff Report P9. 2 1/13/81 re: Ord. 105 The current formula is the best and most accurate method to use for park development fees in theory. In practicality, however, it should be modified to have a fixed "L" factor, set by Resolution, as is the case with "D". As to the figures for insertion into the Resolution, staff recommends: 1) E40,000 be the assigned value of "0". This is current value, and a telephone survey indicates there has not been significant movement on this cost. 2) E35,000 be the assigned value of "L". Based on recent appraisal work done at Heritage Park by Ed Hill, appraisor. Recommend First Reading of Ordinance 105 Bon January 21, 1981 with Second Reading and adoption of supportive Resolution, with "D" and "L" figures cited above, scheduled for February 4, 1981. The accompanying Ordinance and its supportive Resolution have both been reviewed and approved as to form by the City Attorney's Office. BH/ C~ • ~ 3~/ O0.D INANCE No. 105-B AN OROIN@iCE OF THE CITY OF RANCHO CULAMONGq, CALIFORNIA, AMENDING OPD INANCE N0. 105 The CSty Council at [he CS ty of Rancho Cucanan9a, California, does ordain as follows: Stttion 1: Section 2(f) of Ordinance No. 105 is hereby ameMed as for "Anpunt of Dark Fees Pe9uired. When Lhe requirements of LMi cpoe are compl led vi th on the basis of providing park fees, the minimum amount of fees [o be paid shall De computed by using the foliouing formula. FORMULA: NSR t*D . mi ni nxw fee 000 MHERE: N + number of proposed dwelling units. 5 planned park acreage per 1.000 population. P population per duelling unit on a scale and density set by [he responsible pubs is agency. L + average fair nu rket value of parkland per acre as determined by Lhe Dublic agency. D average cost per acre to develop park as determined by Me publ lc agency." . Se<ti on 2: Sects on 2(h) of Oro finance No. 105 is nereby amended as fo ovT1 sT "The City shall fix by Resolution the average fair marker Value of parkland per acre as represented by "L" in [he ionnu la contained in Section 2(1). further, the City shall Hx by Resolution the average cast per acre to develop park lantl represented by "D" in Sec[i on 2(f )". SecHOn 3: All other portions of Ordinance 105 should rena!n in full force and effect. Section 4: The Mayor shall sign [his Ordinance and the City C1 erk shalt attest tm the same, and the City Clerk shall cause the same to oe puDl isned of thin fHteen (15) days after its passage, at least once in the Dail Re ort, a noes paper of general circulation, published in Me City 3T Ontario, California, and circulated in the City of Rancho Cucamonga, California, PASSED, APPR DYED and ADOPTED Mid _ day of 1901. AYES: NOES: ABSENT: • P-hi)liD Sch~psser. Maypr ATTEST: _ ~3S _... LdureO ~. ad sse man, sty erk RESOLUTION N0. N1-)L A PESOLUTION OF THE CITV COUNCIL OF THE CITY OF PfWCHO CUCANONW, [ALIFORN IA, ESTABLISMI NG AVERAGE Fp1R IMRKET VALUE OF PARKLRND PFP AWE ANO AVERAGE COST PER ACRE TO DEVELOP PARKlANO IN RANCHO CUCAMONGA. WHEREAS, the Lity Council of the Lity of Rancho Cucamonga, California, has adopte0 Ordinance 705, relating to regulations for de0- icatipns of land, payment of fees, or bath, for park and recreational laM in subdivisions and planned conmunitiel; and, WHEREAS, Section 2(f) of Ordinance 10G establ is h¢s a formula r[eY1 r10g d5 Cgllppnlntl: 1. (The) average fair market value of parkland per acr¢ as determined Dy the public agency; and 2. (The) average cost Der acr¢ to develop parkland as determined Dy Ne public agency ;and WHEREAS, Section 2(hJ o/ OrOlnan<e 105 dl reds the average fair market value Of parkland per acre and the average cost per acre to develop pa rklan0 De set Dy Resolution; NOT, THEREFOPE, BE IT RESOLVED by the City Councii of the City Of Rancho Cucamonga, California, as follmrs: 1. The average Lair market value of parkland per acre in Rancho Cucamonga is es [aDlished at per acre, and it is • this figure of per acre tna- t wi7T~ apply in Me apps icatlan Of Ordinance 1055, and' 2. The average cast per acre to develop parkland in 0.dncho Cucamonga is hereby estaDl fished at E_ par acre, and it is this figure of 5 _ per acre that Mil apply in :he appti cation of Ordinance 105; and 3. That the City Councii shall revs ea and ad,lust, Dy resoluttOn, 1f warrantee, the fair market value of parkland per acre and the cost per acre co develop parkland in Poncho Cucamonga at the first regular Gi ty Councii meetings in January and July. PA SSEO, APPROVED and ADOPT EO this day of , 1981. AYES: NOES: A05ENT: ATTEG7: Phillip D, Schlosser, Mayor Lauren !7. das;e rman, City Clerk • CITY OF RANCHO C('CAMQ'VGA STAFF REPORT DATE: January 21, 1981 T0: Members of the City Council and City Manager FROM: Jack Lam, Director of Community Development SUBJECT: GENERAL PLAN HEARING DATES Please find attached to this reportthe schedule of confirmed Planning Commission meetings through February. Beginning in March, theCity Council will have the opportunity to begin their public hearing process. Also listed are possible meeting dates for the City Council to select. Staff requests that the City Council give consideration to certain key dates on which the Council definitely wish to conduct public hearings in order for the staff to arrange for meeting rooms to assure a place for the meetings. As staff has listed a considerable number of pas- sible meeting dates, the Council may wish to select a group of basic meeting dates for the present. The Council would always have the option of filling in with a special meeting when neces- sary for the remaining dates. RECOhMENDATION: Staff recommends that the City Council give staff direction as to core meeting dates for City Council General Plan meetings in order that meeting rooms may be arranged. submitted, ty Development JL :,ik Attach. r1 -J X37 PLANNING COMMISSION GENERAL PLAN PUBLIC HEARINGS Preliminary Agenda Topics December 18 1980 - Lion's Park Convnunit Center - North Alta Loma Planning Area Recommendations - Review General Plan Goal Recommendations - Review Housing Elenrent and Recommendation on Housing Policies Janua~ 12, 1981 - Cucamonga Neighborhood Fa ci lity - Review General Plan Policies for Cucamonga Planning Area - Review the Environmental Recourses Super-Element and the Public ~i~aalth and Safet,Y Super-Element Januarv 19, 7981 -lion's Park Convnunity Center - Recommendations on Land Use Designatigns for Cucamonga Planning Area - Recgmnendatir~ns ~n Environmental kesources Super-Element and Public Health and Safety Super-L'lement - Review Community Design/Energy Conservation Elements January 26. 1981__ Ftiwando intermediate Schuol - Review General Plan Policies for Etiwanda Planning Area - kecommendations cn Conmun5 ty Design/Energy Conservation Element February 2, 1981 - Lion's Park Conm~nity Center - Recommendations on Land UseDesignations for Etiwanda Planning Area - Review Park and Recreation Element Policies - Review General Plan Policies for Planned Communities Planning Area February 9 1981 - Lion's Park Community Center - Recommendations on Land UseDesignations for Planned Communities Planning Area - Recommends [ions on Park and Recreation Element Policies - Summary of Recommendations on Pu61ic input and Comments Received Februa rv 17~9;~7 _ Lion's Pa r~C Community Center - Approval of General Plan All meetings start at 7:00 p. m. and end no later than 12:00 midnight Note: E.;.R. will be discussed with each topic, . a3 s PROPOSED GENERAL PLAN SCHEDULE CITY OF RANCHO CUCRMONGA - 1981 v March 9, 1981 - ~' March 23, 1981 'c rM1., April 6, 1981 i" April 27, 1981 **March 16, 30, 1981 `*April 13, 20, 1981 **MaY 4, 1981 **Reserv ed for Special Meetings, if necessary NOTE: All meeting dates are Mondays • a39 (;ITY OF RAI~Q 10 Q.'GMO(VGA ~ c~`cn uOhc STAFF REPORT ' ~ o,n F_ U DATE: January 21, 1981 U is77 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Request to set March 4, 1981 as date for a Public Hearing regarding the continuation of efforts and expenditures for the purpose of establishing as Assessment District Eor streets and storm drains in the industrial area This item has been continued from the December 17, 1980 meeting. At that time the investigation report for the proposed assessment district (Ad-79-1) was presented, along with a map showing the boundaries for AD 79-1. The intent at that time was to approve a series of resolutions leading to the establishment of a date for a public hearing on the investigation report.(Please refer to the attached copy of the Staff Report for December 18, 1980.) On December 17, the Council postponed action on the resolutions • in order for more input from affected property owners to be obtained. Since December 17, there have been two informal meetings at which there was opportunity for the public to ask questions of staff and consultants. It is known that there is a desire by some groups of owners to be excluded from AD 79-1 or for AD 79-1 to be re-structured. As has been explained at these information meetings, such changes can be made and the public hearing portion of the AD >9-1 process is intended for just such a purpose. To make boundary changes before the public hearing will require a new Debt Report, not only causing new expense but nullifying what time and money has been - spent en the present report. There is no reason why the AD 79-1 boundaries cannot be re-st ruct;ired to accommodate the major protests now known. However, until a public hearing and receipt of official .protests from all affected parties, the extent of the necessary changes cannot be known. RECOMMENDATION It is recommended that Council approve the attached resolutions ~ adopting a map showing the general nature, location and extent of the construction of certain public works of improvements in showing proposed boundaries of the assessment district; designa- ting persons to perform various duties for special assessment proceedings; cro vering preliminary determination and ordering the ~y0 Assessment District January 21, 1981 Page 2 • preparation of a report on said improvement; and approving the report under the protest act of 1931 and fixing a date for public hearing. Respectfully submitted, LBH:PAR:jaa Attachment • a~~ - CITY OF RANI-10 CUCAM(a1GA STAFF REPORT • DATE: December 17, 1960 T0: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUHJECT: Request to set January 21, 1981 as date for a Public Hearing regarding the continuation of efforts and expenditures for the purpose of establishing as Assess- ment District for streets and storm drains in the industrial area The Council met in special session on December 11, 1980 to review the Investigation Report for the proposed Assessment District 79-1. As discusse3 then, the street and storm drain system proposed for construction by this District will allow development to occur in a now unacces sible part of the City's industrial area. Approx- imately eleven million dollars in improvements and associated costs will be financed by the proposed bond issue. By its action tonight, the Council will begin the process of estab- lishing the District by agreeing to a public hearing on the feas- ibility of assessing the property in question. RECOMMENDATION It is recommended that Council approve the attach~l resolutions adopting a map showing the general nature, location and extent of the construction of certain public works of improvement in showing proposed boundaries of the assessment district; designating persons to perform various duties for special assessment proceeding: covering preliminary determination and ordering the preparation of a report on said improvement; and approving the report under the protest act of 1931 and fixing a date for public hearing. Respectfully submitted, ,~ LBti: PAR: jaa Attachments aya. I -1 lJ _ ORDER OF PROCEDURE CITY OF RANCHO CUCA!4ONGA ASSESSMEtIT DISTRICT NO. 79-1 (6TH STREET INDUSTRIAL AREA) DATE OF t4EETING: ~ December 17, 1980 at 7:00 p.m. STAFF: Present proposed boundary map, generally showing the following: a. Boundaries of proposed assessment district; b. Extent of works of improvements. CITY COUNCIL: Adopt RESOLUTION ADOPTING PROPOSED BOUNDARY MAP. CITY COUNCIL: Adopt RESOLUTION DESIGNATING PERSONS. CITY COUNCIL: Adopt RESOLUTION COVERING PRELI5IINARY • DETERMINITION. STAFF: Present debt report pursuant to Division 4 of the Streets and Highioays Code of ' the State of California. STAFF: Summarize method and fo rmula Of assessment spread. CITY COUNCIL: Adopt RESOLUTION APPROVING REPORT AND SETTING PUBLIC HEARING (Proposed Public Hearing Date January 21, 19811. / / ~ 43 RESOLUTION No. ~0- ll6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING A :!AP SHOS9ING THE • GENERAL NATURE, LOCATION AND E:CTENT OF THE CONSTRUCTION OP CERTAN PUBLIC WORKS OF IMPROVE- MENT AND SHONING THE PROPOSED BOUNDARIES OF THE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS AND E\PENSES OF SAID IMPROVEDtENT WHEREAS, there has been received and presented, a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of the "P!unic ipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; said assessment district is known and desig- nated as ASSESS'~fENT DISTRICT NO.. 79-1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District"). NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCA!dONGA • CALIFORNIA, AS F0LL0~'.S: SECTION 1. That the above recitals are all true and correct. SECTIO?t 2. That a map of the Assessment District showing the general nature, location, and extent of the pro- posed public improvement work, and also showing and describing the boundaries of the proposed Assessment District and lands and property to be specifically assessed to pay all the costs and e:cpenses of the proposed improvements designated as PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 79-1 is hereby submitted, and the same is hereby app- roved and adopted. SECTION 3. That the original map of said proposed boundaries of the Assessment District, and one copy thereof, is to he filed in the Office of the Cit}• Clerk, and a copy thereof in the Office of the designated Superintendent of Streets. SECTION 4. That the City Clerk is directed to endorse on the original and on at least one copy of the map of ,~ the Assessment District as herein referred to, a certificate ev i.dencing the date and adoption of this Resolution, and is further directed to file ~' 7 the original of such in their office and within fifteen (15) days after the adoption of the Resolu- tion fixing the time and place of the hearing on the formation or extent of said Assessment District, a copy of said map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form proV ided for in Section 3111 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this day of DfAYOR CITY OF RANCHO CUCA.^fONGA STATE OF CALIFORNIA ATTEST: CZTY CLERi: CITY OF RANCHO CUCA.MONGA STATE OF CALIFORNIA • M aye RESOLUTION NO. V~ RESOLUTION OF TEIE CITY COUNCIL OF TEEE CITY OF • RANCHO CUCAMONGA DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS WHEREAS, this City Council is, at this time, considering the for- mation of a special assessment district and this City, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, said assessment district to be known and designated as ASSESSMENT DISTRICT NO. 79-1 (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time, this City Council is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF RANCHO CUCAi10NGA CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That LLOYD B. HUBBS, is hereby aopoin ted to perform all duties and functions of the Superintendent of Streets as said duties are specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above referenced assessment district. SECTION 3. ThaC the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent of Streets and said assessment roll and diagram, upon recordation, shall be kept as a permanent record of the City. SECTION 4. That the bAILY REPORT is hereby designated as the news- paper Eor all puhlications as required by law and as necessary for completion of this Assessment District. APPROVED and ADOPTED this day of CITY OF RANCHO CCCeU;ONGA ATTEST: C I'IY CLERK, CITY OF RANCHO CUCA410N A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA COVERING PRELIL•IINARY DETERMIN- ATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVEMENT THE CITY COUNCIL OF THE CITY OF RANCHO CUCA'dONGA CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOtxS: SECTION 1. That certain public works of improvement, together with appurtenances and appurtenant work in connection ther~- with, including acquisition where necessary, are pro- posed to be done and made within the boundaries of a proposed assessment district; said assessment district known and designate3 as ASSESSitiNT DISTRICT NO. 79-1 (6TH STREET ZLIDUSTRIAL AREA) (hereinafter referred to as the "Assessment District"). In connection therewith, said City Council finds and determines as folloc+sc A. That the specific nature o.`. the proposed wotl-s of improvement consist of all of the work as generally shown, on the map previously approved • relating to the oroposed boundaries for the Assessment District. B. That the boundaries of the Assessment District lands proposed to 6e assessed to pay the costs and expenses o` said proposed work and improve- ments are as shown upon a map of said Assessment District, c+h ich map has been heretofore approved by this City Council and is on file in the Office of the:City Clerk. Said map shall govern for all details as to the extent on said Assessment District. SECTION 2. That the statute under which it is preposed that the proceedings will 6e conducted will be the ";lunicioal Improvement Act of 19i3", being Division 12 of the Streets and Highc+ays Code of the State of California. SECTION 3. That this proposed i..^.p rovement is re Eecred to LIJJ}T/ D. HUBBS, the Appointed Superintendent of Streets who is hereby appointed and required to procure all necessary info ^atian to orepa re a report on the pro- posed imerovement in th-_ ma nr.er and fora provided for in pivision 4 of the Streets and highways Code of the State o° California, the "Special Assessment Investi- gation, Limitation. and ~!a jo rity protest Act of 1931". ~'!7 SECTION 4. That this Resolution and the Report as ordered . herein are pursuant to the provisions of the "Special Assessment Investigation, Lir,.itatien and Flajority Pzotest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California. SECTION S. That said Report, pursuant to Division 4, shall have attached to it, a copy of this Resolution, upon its adoption, with the Clerk's Certificate showing the date and vote for said approval. SECTION 6. That this legislative body does, at this time, in- tend to r..ake a contribution towards certain of the costs a..^.d expenses of the woz!:s of improvement, as proposed u^.der these proceedings. Said contribution shall generally be as follows: ' Prepaid fees in the amount of $54,614.00 shall be appropriated from the CITY OF RANCHO CUCA.""TONGA DRAINAGE FUND. ' SECTION 7. The works of improvements, as proposed for these proceedings consists of the construction of certain grading, clearing and grubbing, paving, storm • drain improvements, together with appurtenances and appurtenant work in connection therewith in portions of 6TH STREET AND OTHER STREETS in a special assessment district within the incorporated limits of the City, said assessment district designated as ASSESSMENT DISTRICT NO. 79-1. Fcr particulars, reference is made to the Exhibit attached hereto, referenced and so incornorated. APPROVED and ADOPTED this day of !fAYOR CITY OF RANCHO CUCA'fONGA STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF RANCHO CUCA.^tONGA STA^aE OF CALIFORNIA ~~ RESOLUTION NO. -~~1• RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMGONA APPROVING REPORT UNDER THE "SPECIAL ASSESSMENT ICIVESTIGATION, LIMITATION /~., AND MAJORITY PROTEST ACT OF 1931", AND FIXING i47"[ • A DATE OF HEARING THERE01~1~ .~Y Z'4 / &, [•JHEREAS, this Council did on the day of 1900 by Resolution No. order the preparation of a report under the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, heing Division 4 of the Streets and Highways Code of the State of California, in the matter of the construction of certain public works of improvement in a special assessment district kno•,m and designated as ASSESS'ENT DISTRICT N0. 79-1 , (6TH STREET INDUSTRIAL AREA) (hereinafter referred to as the "Assessment District"); said public works of improvement are generally described as follows: The construction of certain street improvements and drainage improvements, together with appurtenances and appurtenant work in portions of 6TH STREET AND OTHER STREETS within the incor_oorated limits of the CITY OF RANCHO CUCA!10NGA and, 1.7HEREAS, such Report has been prepared and submitted to this City Council. N047, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY O° RANCHO CUC,~^IOtIGA CALIFORNIA, AS FOLLO~iS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the Report for the Assessment District so pre- pared and presented be, and the same hereby is, approved, and the fact and date of this approval shall be endorsed thereon and the Report shall be filed wikh tha City Cle rl-. S!iCTION 3. TE4\T TEiIS CITY COUAICIL DOES HEREBY FIX Tk1E '~'kaS~ DAY OFhNRt6 JAliCi'RP.Y, 1931 , AT 'fHE FIOUR OF 7:00 P..`i. LICN CG'4'fUYITY CE~T~~.it, 9121 Eliselina Road, Rancho C\SCa:onga, AS '!I~ TL^: AND PLACE 1•;a EN A kIEASi Id:C ON SAID °REPO R'C" 14ILL kSE kiE LD BY THIS CITY COO^:C TL. TiiE CI'CY CLERK Sa:\LL GIVE NOT iCE OF SUCI[ HE:\RI.;G RY F.\I LCVG A COFY OF TIIE NOTIC°, FOST- AGE PREP`.I D, TO ALL PERSONS 0>VING RE.\L Pi.O PEitTI' {GH ICf[ IS PROPOSED TO BE ASSESSED TO F:\Y 1S `! P1R2 OF TIIE COST OF TH F. 1iO3 ~, 4: ii0 SE ;:A }!ES .\SD ,,\DORESSES APi~E.\4 OV TISE L\ST EQU ILI~EU .\SSi;SS S!E);T RO?,L AV:\I L.\6LE OV TiiE D:ITE TIIE REPORT tJ:\S C0:'_~fE\CED, AT f1I5 AUD7ES5 :\S SIIOfJN OV SUCf! ROLL, OR AS KSO'nti TO TFIE CITY CLERK, ALL 2:1 THE MANN F.R AXD F02^1 PiiOi CUiiU FOR IN S:\ID DIVISIO`I 4. inn . APPROVED and ADOPTED this day of CITY OF RANCHO CUCADIONGA STATE~OF CALIFORNIA ATTEST: CITY CLERK CITY OF RANCHO CUCA.90NGA STATE OF CALIFORNIA 2s6 ASSESSMENT DISTRICT NO. 79-1 6TH STREET INDUSTRIAL AREA CITY OF RANCHO CUCJtMONGA DESCRIPTION OF WORK The general description of work consists of the construction of certain grading, clearing and grubbing, asphalt concrete paving, aggregate bzse, and storm drains including all appurtenances and appurtenant work, including acqui- sition of all rights-oF-way and easements necessary to accomplish the above improvements to the specified widths and dimensions and all said work and acquisition is located in all or a portion of the following Listed streets or easements and as shown on the proposed boundary map (reduced) included herein: Streets - 2-Lane Divided Two 12-foot AC/AB travel lanes, separated by a 16-toot unimproved median, with a 6-foot AC shoulder on the outside of each lane and appurtenances thereto: 6th Street: From Haven Avenue to Rochester Avenue, a distance of approximately 9050 feet. Milliken Avenue: from 4th Street to 7th Street, a distance of approxi- mately 3990 feet. Streets - 2-Lane Undivided Two 13-foot AC/AB travel lanes with a 6-toot AC shoulder on each side and appurtenances thereto: Cleveland Avenue: From approximately 600 feet north of 4th Street to approximately 600 feet south of Gth Street, a distance of J • 6 ~SI approximately 1930 feet (east side only) and 2 lanes from ap- ~ proximately 600 feet south of 6th Street to 7th Street, a distance of approximately 1220 feet. New Rochester Avenue: From 4th Street to 6th Street, a distance of approximately 2650 feel, Storm Drain System and Appurtenances Line SC: Commencing at the SBCFCD Channel (Deer Creek) approxi- mately 600 feet west of Cenfer Avenue, thence easterly in Arrow Route to its terminus, a distance of approximately 6010 feet. line SD: Commencing at the SBCFCD Channel (Deer Creek) approxi- mately 600 feet west of Center Avenue, thence easterly in 6th Street to approximately B00 feet east of Haven Avenue, thence northerly in a 20-foot easement parallel to and approximately 800 feet east of Haven Avenue to the north side of the AT E SF Railway, thence easterly in a 20-foot easement parallel and ad- jacent to the AT E SF Railway to its terminus at Vincent Avenue, • ~ a total distance of approximately 8900 feet. Line 7E: Commencing in Cleveland Avenue at 4th Street, thence northerly in Cleveland Avenue to 6th Street, thence easterly in 6th Street to its terminus at Milliken Avenue, a distance of approximately 4660 feet. Line 19A: Commencing in 4th Street approximately 1600 feet east of Milliken, thence northwesterly and northerly in a 20-foot ease- ment to 6th Street, thence westerly in 6th Street to Pittsburgh Avenue, thence northerly in Pittsburgh Avenue to the terminus of Pittsburgh Avenue, thence northerly in a 20-foot easement to its terminus a[ the northerly side of the A7 E SF Railway right- of-way, a total distance of approximately 5125 feet. Line 19D: Commencing in Rochester Avenue at State Highway Route 31, thence continuing northerly in Rochester Avenue to the northerly side of the AT E SF Railway right-ot-way, thence easterly in a 20~foo[ easement parallel to and adjacent to the AT E SF Railway to its terminus approximately 1250 feet west of Rochester Avenue, a total distance of approximately 4460 feet. `J 7 a ss- Line 19F; Commencing a[ a proposed 72-inch RCP (Line 19D) in Roches- ter Avenue at 6th Street, thence westerly in 6th Street to its ter- minus, a distance of approximately 1300 feet, L7 ~ s3 \I C77'Y OF RAN(}IO CUI~NIOIvIGA S"TAPE REPORT Janaury 14, 1981 T0: City Council FROM: Lauren M. Wasserman, ity Manager s~°G`~c~M~,~~ < j ~~ r O - O F ~ Z U > 1977 SUBJECT: Recommended Adoption Solid Naste Management Master Plan Revision As the City Council is aware, the City has previously adopted the County of San Bernardino Solid Waste Management Master Plan. The original document, although adopted in October of 1915, was approved by the City Council in August of 1979. The primary revisions of the Solid Waste Management Master Plan have been made to the objectives with the creation of seven programs involving: Waste Storage Collection and Transportation Programs; Naste Disposal Improvement Programs; Resource Energy Recovery and Conservation Program; Hazardous Waste Management Program; Education and information Program; Litter and Indiscriminate Dumping Program; and Waste Management Admini- strative and Enforcement Program. In addition the report notes that the sanitary landfill sites in Yacaipa, Cajon, Fontana and Colton are anticipated to close by 1980, 1982, and 1984 respectively. Recommendation: It is recommended that the City Council approve Resolu- tion 81-6 concurring with the goals and objectives of the Solid Waste Management Master Plan Update. LMW/vz Enclosure asy SOLID WASTE MANAGEMENT 926 EM ThiN S9M • Sul Berrlydilro, CA 94616 • (7111 39}29Q7 B. C. ESCOBAR, Acting Director ew~~ City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Attention: City Manager Gentlemen: County of San Bernardino PUBLIC WORKS AGENCY ', ~:,:,~ ewno or esEflvlsofla \ .Inver L. M,ylNie. ClWrm,n..... finr~ GI MtElrmn .... ......... S,owM OUerr •. D,mi, N,mMAr ......... ... Tire oiarMr flobn 0 Tovn~ne ... .. .. Fouts oorkr BeE Mnmac4 ... ... .. .... ii/M ouvkr December 11, 1980 ~OMINISTfl~TIVF OF EICEN Ea.l GoWmn .\GFNCV pgAINISTNATOfl file: F-5 IMn N. e„~..a Re: Solid Waste Management Master Plan Update Transmitted is the final draft of the County of San Bernardino Solid Waste Management Master Plan. The revision of the original Master Plan that was approved in 1975 was performed through input received from all cities, other governmental agencies and interested parties throughout the County during the past three months. A copy of the original draft was sent to your City on September 3, 1980 for your review and subsequent input at the public meeting of the Solid Waste Advisory Council on October 3, 1980. The final draft is now ready for your approval so that it can be submitted to the Board of Supervisors far their approval prior to forwarding to the State Solid Waste Management Board for final approval pursuant to State Government Code 66780 et seq. Attached is a draft of a resolution that can be used by your Council in approving the Master Plan. If the Resolution is not found appropriate, it is imperative that the Council approve the Plan in concurring with th_e four objectives as cited in the Resolution. In order for this office to meet the deadlines set, it is requested that your Resolution be returned to this office by January 16, 1981. ASS Solid Waste Management Master Plan Update December 11, 1980 . ~'GE TWO If additional information is needed, or if our appearance would be of help at your Council meeting, please advise. ~~urs ~~~~` B. C. ESCOBAR, Acting Director Solid Waste Management BC E: rn Enclosure 7 7 ash COUNTY OF SAN BERNARDINO Solid Waste Management Master Plan EXECUTIVE SVMMARY • INTRODUCTION: The disposal, of wastes, as it affects the environment and public health is now a critical nationwide issue. The Master Plan Update attemgts to establish a general direction Far the concerted efforts of all cities, [he county and private industry to provide an efficient, cost effective waste management system for the entire County. eACXGROUND: The original Master Plan was approved by the majority of cities in the County and adopted on October 6, 1975 by the County of San Demardino in response to the Nejedly-Z'berg-Dills Solid Waste and Resource Recovery Act. The Master Plan Update is mandated by State Government Code 66780 at. aeq. The Plan included waste generation, collection and disposal, emphasizing resource/energy recovery end conservation. It is essentially a compre- hensive guide for all solid waste management activities in the County. O&TECTIVES REVISION: • The objectives of the Mas[ez Plan are considerably revtsed with the creation of seven programs, namely: Waste Storage, Collection and Transportation Proyram; Waste Disposal Improvement Program; Resource/ Energy Recovery end Conserve [ion Ptogram; Hazardous Waste Management Program; Education and Information Program; Litter and Indiscriminate Dumping Program; and Waste Management Administra ttve and Enforcement Program. SANITARY LANDFILL INVENTORY REVISION: The inventory of County sanitary landfills have been revised. The Yucaipa, Cajon, Fontana Bnd Colton disposal st tee are anticipated t0 close by 1980, 19H0, 1982 and 1984 respectively. The San Timoteo landfill will be the only designated East Valley waste disposal site by 1985. Although most desert Iendf.ills have good life expectancy, due to fiscal constraints and RCRA regale lions the County must cronsider consolidating landfills and Cstablishing mint-transfer stations. Heaps Peak landfill will be replaced by a transfer station wtth final disposal at San Timoteo in 1961. RESOURCE/ENERGY RECOVERY REVISION: The Phase 77 Colton Study (refuse derived fuel) and the Kaiser Engineers 4 Study (waste-to-energy) are dtscussed. A grant from the Department of Enetgy to continue these studies for waste-to-energy facility construction implementation was accepted by the Caun ty amoun ling Co 5630,000. "a s 7 ECONOMIC FEASIBILITY REVISION: The economic feasibility aspect was not substantially changed. However, a Five year cost projection for Plan implementation shows ronsiderable increase due to Inflation and additional activt ties needed to conform to more restrictive regulations. Projected revenues rely progressively on income from permit fees, land use and landfill gate fees. Additional funding will be required to meet Sncreased Environmental Protection Agency environmental reatrlctians. ENFORCEMENT REVISION: Standardization of the storage, handling and transport of waste is identified in the Plan as a joint effort by both County and City goveznmenb, ehmugh enactment of a uniform ordinance for all areas of the County. The State Solid Waste Management Board designated the County Environmental Health Services Department as its offfctal agent to enforce state regulaticru pertaining tc transport, storage and disposal of all wastes in the County. A uniform procedure for enforcement is plumed to be formulated by the County with concurrence from the cities and private haulers. - PLAN ADMINISTRATION REVISION: The plan administration aspect was not materially changed, except for the _ proposed formation of a County Task Force to handle Hazardous waste spill • response. This Task Porce will coordinate wf th various Cuunty, city, state and federal agencies to provide emergency response and danger mi tigatton aeasures in case of hazardous waste spill within the County. CITY APPROVAL: In accordance with Government Code, Sections 66780 and 66783, the majority of cities conWining the majority of population in the incorporated area of the County must approve the Master Plan to render tt a valid document. These ci ties, by zesol utf on of their respective Ct ty Council, must also roncur on the fol3oMing: a. The objectives set forth to the plan] b. The methods and organization for implementation of the programs contained in the plan; c. The procedures for financing the recommended solid waste management program: d. The role identified in the Plan for the City in implemanting this coopers ttve effort for management of solid waste to an economical and envtronmentaIly acceptable manner. 7 iii ass RESOLUTION N0. 81-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA APPROVING THE REVISED BAN BERNARDINO COllNTY SOLID WASTE MANAGEMENT MASTER PLAN. WHEREAS, the State of California has adopted the Solid Waste Management and Resource Recovery Act of 1972 (Sections 66700-66793, Government Code); and WHEREAS, said Act requires each County to prepare a Solid Waste Management Mastez Plan; and WHEREAS, Section 66780.5 of said Government Code requires thae the Master Plan be revised at least every three years from the date of initial approval; and WHEREAS, the original Solid Waste Management Master was approved by a majority of the cities containing a majority of the population of the incorporated areas in 1975; and WHEREAS, the San Bernardino County Board of Supervisors has authorized revision of the said plan; and WHEREAB, Section 66780 of said Government Code requires the revised Solid Waste Management Master Plan for Ban Bernardino County be approved by a majority of the cities containing a mej ority of the population of Che incorporated area; and WHEREAS, said Master Plan has been reviewed by the CI[y Council • of [he City of Rancho Cucamonga. NOW, THEREFORE, BE IT RESOLVED, that the City Council of [he City of Rancho Cucamonga does hereby approve said Master Plan and concurs i.n the objectives se[ forth in the Master Plan; the methods and organization for implementation of the programs; procedures for financing recommended programs; and the role identified In the plan for [he City of Rancho Cucamonga. PASSED, APPROVED and ADOPTED the day of 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor pTTF.ST: Lauren M. Wasserman, City Clerk 2S ~/ CITY OF RANCHO CUCAMONCA MEMORANDUM January 13, 1981 To: City Council and City Manager From: Bill Holley, Director, Community Services Department Subject: Authorization to Durchase and install a "Code-A-Phone" system at City Hall to augment the Du61ic information service provided by the City. The City has an operational policy of doing everything possible to insure that it's citizenry is informed regarding City activities, especially upcoming meetings, This is done through Council announcements, postings, news releases and mail outs. Still, we get the frequent comment "I didn't know about the meeting until 10 minutes ago!" The fact of the matter is, we will not succeed in eliminating this complaint completely. Some people will not take the effort to become informed. However, we should do every- thing within reason to insure that there is no possible basis for the statement. Which brings us to the point of this request. The Code-A-Phone system (see attached) has the capabi litfes bf playing back up to sfx minutes of a pre-recorded message to a caller 24 hours a day 7 days a week without staff assistance. For example, a pre-recorded message could be put together on Friday, listing all City meetings for the upcoming seven day period. Times, locations and meeting purpose could be given in this method as well as the location of City Hall to pick up an agenda or more detailed information. Further, it could be employed to answer the huge volumn of calls received on a cyclical basis regarding dog licensing, voter registration, disaster information, etc. ' Cost of this item is $935.38 including tax. On going cost would be $10.80 per month for the separate phone number (something like 980-CITY) and $25 service to machine at 60,000 intervals. Funding for this project can 6e absorbed through the Special Projects functfons of the Community Services Department.. Recommendation: Authorize Community Service Department to purchase and install a Code-A-Phone system at City Hall. BH/nnv =mule ans ~- '~" a • >, •.~ I~~' ~ . ~-~ .. .. ~~'1... ,. ' i kt rYW:~ ' •+'~, 1 '•~ +Cl~+ ~~ ~ ice:.. r' .. ;, r ~,, ~ ~, i:M, ~W i , r. ,~ U 1 ~ ( ``.~`y4~.1t1'. L ri•;X Code-A-Phone-111 gives your callers up to stir minutes ~ of irdormatione anwnd the clock. I(your office gzb many calls for routine infortaton, the Cade-A-Phone III cart provide the answers, Just record any announ<emmt up to six rtdnutes in length. With the integral handset it's u euy as talking on the telephone. The 111 automatically answers with your message. After your wBer hangs up, it discormecb, quickly rewinds, and takes the next incoming cab. You art frets from answering the same questions over and over, so you can get down to business withom interruptions. The Code-A-Phone 111.2 with lint-hold capability. When your callers need more infomu- fian, the 171-2 can hold them on the line alter your announcement, and alert you that personal attention is necessary. You an give details. take orders, make resin vations, or note work progress. By con- trolling alight and power supply from the optional remote alarm jack, the Ill-2 can signal warehouse or production workers to answer when ofke help is unavailable. For every office, thereb another creative way to use the Code•A- Phone I11. The 111 was designed to give time tables, schedules, starting rimes, fares, weather reports and forecasts, curtent price and sales information, and emergency notices such as school closures and highway reports. But that's only a beginning. Let the 117 update your sales farm on price, inventory, and delivery in(or matiOn. Use the 111 as a new advertising medium. Consider some o! these possi- bilihcsusing a separate infnrmadmn Tine. Callers could deal htr a list ofgnxery (or other retail) spedals: gt Wien center plank ing bps; aulnmotive supply car care figs; or use It fur public rclahnns statenrenls fur radm and newspap¢r use. In gnvernmenL the Q+Je-A-Phone 111 serves as an mfurmabonal Bearing house The 111-1 prwida wrnnr aAMUIe in(ormanon hdds mlkrs nqumting rnemanom m thrlme. and public relatiom tool (or senators, mngressmm and government agenBes. Many legal jurisdictioro use Code-A- Phone to let potential jurists know about pending mat schedules. It's the perfect public service unit (or energy saving advice, crime prevention tips, and immunvation information. Oq let the 111 be your broadcast source in point of sale and trade show displays, by adding an exterior speaker and remote start button. The input jack lets you dub prerecorded material directly onto the 111 announcement tape. And, no retail store should be without a night and weekend recording of busi- ness hours and other stl K information, sm you get the must from your Yellow Page listing, Pair the 1112 with ,t Cude-A-Phone 97fi Call Diverter and, while your party is on line-hold. the call will be automatcally dialed through to vour employee nn call at anv direcbdial number. IYs made by Ford Industries, the nations most experienced maker of telephone answering equipment. That means the Ill Is backed by nvenn• years of expedenm. And more Code-A- Phone ansvenng eyuipmenl Is used by telephone companies than any other su you know ti's reliable. Adtanredmginrmng, prwm mmponmbmmNnr b make Por117-1 a high oolumewdlwrre. SpecificaHona Code-A-Phone 111-1!131.2 Announnmenl ' • Variable up to six minutes. • Record and review using integral handset. • Auxiliary recording input jack. Answer • Incoming call counter. •CPC, dialtoneandendofanrwunce- rat jack a0ows push button lavba<k for display, point-of- • remote speaker jack accepts additional speakers far retail or trade show use. • Ophnnal line-hold (711.21 leb you answer give caller more information. • Remote alarm jack Ili I-21 !mr attachment of boner or Bght to alert you that caller is on line-hold. Dimensions Height, 7.75"; Width, 13.75", Depth, 9.d'. Connection Power reyuirements I20V, A.C. SO-hf) Hx. a ~~- 'Cwlra.IT.ner. urp.,md M1n4~m.adRm~InJU.rn. In. r..nLm.l rV. the Cudr-A-Pharr ll]-1 /ree empbyeohorn the drvdgrryaJansrming rouftiieinfomrBw db. Q7'Y OF RAIV(]-i0 ClK'AMOfVC,e1 STAFF REPORT January 15, 1981 • 70: City Manager/Members of City Council FROM: Assistant City Manager;' SUBJECT: Adoption of Rules and Regulations/Proposed Modifications Some time ago the proposed employee Rules and Regulations were presented to Council for their consideration and adoption. This third and final volume known as the Employee Rules and Regulations contained the rules, procedures and necessary forms to administer the "Comprehensive Personnel System". However, several Councilmen expressed an interest to review the Rules and Regulations with staff. The following proposed modifications to the Employee Rules and Regulations are the result of this review. Staff would recommend that these modifi ca tfons be incorporated Tnto the previously presented Rules and Regulations and approve Lhe attached Resolution adopting Rules and Regulations for all Rancho Cucamonga employees. The Revised Rules and Regulations will be provfded to you under separate cover prior to the January 21, 1981 Council meeting. JR/vz Attachment January 15, 1981 PROPOSED MODIFICATIONS '~ EMPLOYEE RULES ANO REGULATIONS 1. Page 5 (1.3.19) "La. YOff" means the separation of an employee from 2. Page 19 RECOGNIZED EMPLOYEE ORGANIZATION shall mean an employee (3.1.2 (o) ) organization which has been formally acknowledged by the City council as the exclusive employee organization that represents the employees in an appropriate repre- sentation unit pursuant to this Rule. emp oyment with the City in the event, in the judge- ment of the City Council, as recoam,ended by the City nanager, it becomes necessary to abolish services provided by the City for reasons of economy or efficiency and as further defined in these Rules as to procedure. (p) SCOPE OF REPRESENTATION shall mean to include all matters relating to employment conditions and employer'employee relations*limited to wages, hours, and other terms and • conditions of employment...... * deleted "including but not" 3. Page 21 (2.1.4, (4)) Mithin twenty (20) days after receipt of said request from the employee organization, the Employee Relations Officer * may request from the Amerf can Arbf tra Lion a list of nine impartial hearing officers..... * deleted "shall" 4. Page 24 If the determina tton of the Employee Relations Officer (3.1.8 (d)) is in the afflrma tf ve, or if his negative final deter- Sth paragraph urination is reversed on appeal to the City council, he shall give written notice,,... 5. Page 25 meal Procedures.....a Decertification Petition has not (3.1,10) been filed in compliance with the applicable provisions of this rule, may appeal to the city council, the initial determination procedures set forth herein,.... • ~~y January 15, 1981 Proposed Modifications Employee Rules and Regulations Page Two 6. Page 30 3.2 Layoff Procedures 3.2.7 When Layoffs Occur: e v ,~ u~i~g9emer~t;,;;~,,,,~H.E~+ of the City Council ,`~"~'`r1tYrmun~~he' ~ city Hanager, it becomes necessary, due to the lack of work or monies...... 7. Page 45 Political Activity ... a person holding a position with the City must obtain a leave of absence before seeking election to the office of City Council member of the City of Rancho Cucamonga. 8. Page 63 5.5 Program Evaluation and Monitoring The Personnel Officer shall prepare an annual report to be submitted to the City Manager and city council 9. Page 33 Holidays ....... (b) Lincoln's Birthday • (c) Washington's Birthday* * "The second Monday in February" 8 "The third Monday ,in February" deleted KEY rtalics Additions to Rules and Regulations * Deletions to Rules and Regulations a4s RESOLUTION N0. 81-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ADOPTING COMPREHENSIVE RULES, REGULATIONS AND PROCEDURES GOVERNING THE DETAILS OF ADMINISTRATION OF THE CITK'.S PERSONNEL SYSTEM. WHEREAS, the City Council of the CSty of Rancho Cucamonga has previously adopted a personnel else sification plan and employee compensation program; and, WHEREAB, the City Council fa desirous of implementing the most modern and effective system of rules and regulations and such rules have been developed and received by the City Council. WHEREAS, it is necessary to develop, adopt, review, revise and re-adopt comprehensive personnel rules and procedures governing the details of all personnel, administration and management, encompassing all categories of appointed City employees; and, WHEREAS, such rules are deemed to 6e in essential compliance with all applicable federal and state laws, rulings and regulations governing fair, equal and bias-free public personnel administration; and, WHEREAS, the attached Rules and Regulations known as "Appendix A Personnel Rules", have been reviewed and approved by a committee of • employees composed of representatives from each ci.[y de par [ment Sn compl lance with app llcable state and federal laws. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby adopt the attached, (Appendix A), Rules and Regulations Governing the details of Administration of the City's personnel system. PASSED, APPROVED, and ADOPTED this day of , 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • a~6 C~.iG_f'IP' ~ _ __ `~ ,J . / a;T. ~i ..4.! ` •R ~., iLL~ ~ \ ~ ,mss' ~ cn ~ '"~ 11 ~ w ~.... ~.~}I vi m .. .. .~~i w ~,'1>i w W LL Q N W ~ Gf, W H C N W .-• W ~ W W w O qN H t/) Z Q Vi ad > w ~~ w ~3 ~ N ~ W O ~v ^'E N M 0 m M1 r'1 P Q ~ ~ Y ~ V m q u Z N C N ~ Ll Z ~ A A d P W ~ ~ E n O LL u v ~ m Z W '~' ~¢ ~ E C N O N O 2 C ~i:; ~ m C to U ~ 7 .~. F- 3 J ofa~ J M Z w ~ ~ ~ r q 0 A p z ux a w . . 0 a q 3 ^ O y O Q F=-- 2 H W .. U N 3 -~ ? O 2 Q T = v "'~ N M ~' ~~ W Q z w Q ~ Q U c to 3 N O S C- N O W J' z A N O O J LL W K Q n- O O J LL d Q S 3 v p'y ~~ ~. ,~ \8~~ ._. i r ` +~~ s..n~ ~. ~--.r; Vii.. \. ;i. w in z w ° ° ¢ ~ o r c o O N c.J ~ F - Z C O J S O 4' > d I--- N U d H Z 2 I--- U Z H H q O Z L7 A ~ W C Q C7 Z Q Y ~-- ~ lL ¢ to ~ N O Z 2 3 ~ ~ H W N 2 p f- W OJ O ~ N LL LL 3 LL LL O O J p ~ ? LL ~ ~ Y C 2 > i a ° w o ~ `¢ > ORDINANCE N0. 122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING THE 1979 EDITIONS OF THE INIFORM BUILDING CODE, UNIFORM HOUSING CODE, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND HARING CERTAIN CHANGES THEREIN NECESSARX TO MEET LOCAL CONDITIONS. The City Council of Che City of Rancho Cucamonga, California does ordain as follows: SECTION 1: fhap[ors 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 Che purpose of providing minimum standards m safeguard life, limb, property and public welfare by regulating the desSng, construction, quality of materials, use and occupancy, location and maintenance of buildings, structures, [hose certain codes known as [he "Uniform Building Code", the "L'n ifotm (lousing Code", the "Uniform Code for Abatement of Dangerous Rui ld ings", the "Un ifotm Sign Code", [he "Uniform Building Security Code", and the "Uniform eui ld ing Code Standards", 1979 ed itlons, prepared and published by the International Conference of Building Officials, including all their indices and appendices, and except said portions thereof as are hereafter deleted, modified or amended by this Ordinance, three (B) copies of each of which said codes are nn file in the Office of the City Clerk for public record and inspection, are hereby adopted by reference and made a pare of this Ordinance in full, subject, however, [o [he amendments, additions and deletions se[ forth in this Ordinance. In the event of any conflict or ambiguity between this Ordinance and said codes set forth above or any other Ordinance lawfully adopted by the City of Rancho Cucamonga, these amendments and additions shall con [rol. SF,CTION 3: Whenever any of the following names or terms are used in said odes, such name or term shall he deemed and construed to have the meaning ascribed to i[ in [his Ser ti nn as follows: A. Buiidit~ Offici_1 shall mean the Ru i.lding Off is lal of the Ci cy of Rancho Cucamonga or his designated representative. B. Health Officer shall mean the Director of Environmental Health Services of San Bernardino County or his designated represen [a [fve. C. Pi re Chief sha d mean the Fire Chief of the Foothill Fire District or his desiKnated representative. I I j Ordinance No. Page 2 D. Ruilding Depar [ment shall mean [he Ruilding and Saf e[y Division of Community Development Department of the C'_ty of Aancho Cucamonga. SECTION 4: The Uniform Building Code 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 this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of rive (5) members, said members [o be members of the City Council or persons, other than employees of the City, appointed by Che Ci[y Council and who shall hold office, at ics 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 its business and shall render all decisions and findings in writing [o the Building Official with a duplicate copy [o the appellant. B. Section 205 of said Uniform Building Code is amended to read as follows: Section 205. VIOLATIONS AND PENALITT.ES, I9 shall be unlawful for any Verson, firm, or corporation to erect, construct, enlarge, alter, repair, move, improcr, remove, covert, relocate, demolish, equip, use, occupy, or maintain any building or structure or unsafe grading site in the Cf ty, or cause the same to be done, contrary to or in viola [ion of any of the provisions of eh is Code. Maintenance of a building or structure which was lm lawful a[ the Cime it was constructed and which would be unlawful under this Code if constructed after Che effective date of such code, shall consCitu Ce a continuing violation of such code. Any person, firm or corporation violating any of the provisions of this Code shall he deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or por pion [hereof during which any violation of any of [he provisions of this Code is conunitted, continued, or permitted, end upon conviction of any such violation such person shall be punishah le fy a five of not more than 5500.00 or by imprisonment for not more than six months, or both such fine and imprisonment, 0. Section 303 of said Uniform Bu ild log Code is amended by addition of Rubsection (f) Co read as follows: $PCt inn 303 (f). UNFINISHED Bl1I LDINGS AND STRUCTURES. 4lhenever the Building OEf is [al determines by inspection that work on any building or structure for which a permit has been issued and the work started [hereon has been suspended for a period of I80 days or more, [he owner of the property upon which such structure is located or other person or agei~C to Control of sa ld property,upon receipt of notice in writing from the Department to do so, shall, within 90 days from the date of such written notice, obtain a new permit to complece She required work and d iligen[ly pursue the work to completion or shall remove or demol lsh the l `lj Ordinance No, Page 3 building or structure within 120 days from date of the wri [ten notice. Section 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 Ci[y Council. The determination of ~aalue of valuation under any of the provisions of [his code shall be made by the Building Official. The value to be used in computing [he building permit and building plan review fees shall be the total value of all construction work fox which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, Eire-extinguishing systems and any other permanent equipment. Whenever any work, for which a permit is reyuired by this Code, has been commenced without first ob Coining said permit, and when such work is discovered as a result of an roves tiga[ion, [he permit fees specified by City Council Resolution shall be doubled. The payment of such double fee shall no[ exempC any person form compliance with all other nrov isions of this Code nor from any penalty prescribed by law. Section 304 (b). PLAN REVIEW FEES. When a plan or other data is required to be submitted by Subsection (h) of Section 302, a plan review fee shall be paid at the time of submitting plans and specifications for review. Where plans are incomplete or changed so as to require additional pion review, an additional plan review fee shall be charged. Fees for plan review shall be as sec forth by City Council Resolution. Section 304 (c). EXPIRATION OF YiAN REVIEW. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted fnr review may Thereafter be returned to the applicant or destroyed by The Building Official. The Bui Ld ing Official may extend the time for action by the applicant, for a peT lod not exceeding 180 days, upon written request, showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Section 304 (d). EXEMPTION FROM FEES. Neither the state nor this nnr any other county, city, district, or other political subd ivislon, nor any ryub lie officer or body acting in his off iq ial capacity on behalf of the state oT of [his oz any county, city, dis [r is t, or other political subdivision shall pay or deposit any fee required by [his code. This Section does not apply to the State Compensation Insurance Fund or Public Housing Au thorlty or where a public officer is acting with referenoe to private assets which have come under his jurisdiction by virtue of his office. ~~~ Ordinance No. Page 4 Section 304 (e). REFUNDS. In the even[ that any person shall have obtained a hu ilding permit and no portion of the work or construction covered 6y such permit shall have been commenced and such permit shall have expired as provided for in Subsection (d) of Section 302, the permittee, upon presentation to the Building Official of a writ [en request on a form provided therefore, shall be entitled to a refund in an amount equal [o eighty percent (807.) of the building permit fee actually paid for such permit; however, the portion of the fee retained 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 [o applicant upon request. No refund shall be granted when receipt of the request occurs more than 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, Sn which case eighty percent (RO%) of the plan checking fee shall be refunded; however, the portion of the fee retained shall never he 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 [he payment of claims against the City. E. Subsec Cion (d) of Section 305 Ls amended to read as follows: Section 305 (d). APPROVAL REQUIRED. Nn work shall be done on any part of the building or structure beyond the point indicated in each successive i nspec Cion without first obtaining written approval of [he Building Official. Such written approval shall be given only after an inspection shall have been made of each successive step in Che construction as indicated by each of the inspections required in Subsection (e). There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ven Gila tfon and air conditioning inspections have been made and approval has been first obtained from the Ruild ing Official and all condi dons of developments approval completed or guaranteed, except as provided for in Section 307 (d) for a temporary certificate of occupancy. In [he event [he building is not completed and ready for final inspection in the time prescribed by the Building Official, the building shall be vacated and Che utilities disconnected until such time as Che building is completed and final inspection is made and a certificate of occupancy is issued as se[ forth in Subsection 304 (c) above. F'. Table 3-A entitled "Ru il.d ing Permit Fees", of said Uniform Code (s deleted. C. Section 420 of said Uniform 8ui ld lnR Code is amended by adding [he following definition: SFIMMINC, POOL is any body of water created 6y ar [if is ial means designed or used for swimming, immersion or therapeutic purposes. H. Section 1101 of said Uniform Building Code is amended to read as follows: ~~'v ~~i Ordinance No. Page 5 buildings. Section 1101. CROUP M OCCUPANCIES shall be: Division I. Private garages, carports, sheds and agricultural Division 2. Fences or walls over six feet (6') high, tanks, towers and swimming pools. For occupancy separations. See Table 5-B. follows: For occupancy load see Section 3301. Section 1105 of said Uniform Building Code is amended Co read as Section 1105. Sn building areas where motor vehicles are operated or stored, floors shall 6e of noncombustible, nonabsorbent construction. J. Chapter ll of said Uniform Building Code is amended by adding Section 1107 to read as follows: Section 1107 (a). Everv person in possession of land within Che City of Rancho Cucamonga, either as owner, purchaser under contract, lessee, tenant, licensee, or otherwise, upon which Ss situated a swi~mning pool, having a water depth exceeding 18", shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lo[ or premises, a fence or other scruc ture not less than five feet six inches (5'-6") in height with no opening Cherein, other than doors of gates, having a greater dimension exceeding Eour inches (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 structure 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 not in actual use, however, the door of any dwelling occup led 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 fee[ (5') above the ground. T1,e pool enclosure shall be in place and approved by the Building Official before water is placed Sn the pool. EXCEPTION: The provisions of this Section shall not apply to public swimming poo is for which a charge or admission price is zequired to he paid for use thereof, during the came chat 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). Notwithstanding the requirements n£ subsection (a) any fencing serving as enclosure For a swimming pool, lawfully in existence on the date of adoption of this ordinance, and meeting the requ tremen is for fenring in effect at the Cime of construction of the swimming pool, may continue; however, any replacement in whole or in part shad comply with the requirements of subaec Lion (a). K. Section 1210 (a) of Bald Unl Eorm Building Cnd e. is amended to read as Follows: Ordinance No. Page 6 Section 1210 (a). FIRE-WARNING SYSTEMS. Every dwelling unit and every guest room in a hotel or lodging house used Eor sleeping purposes shall be provided with smoke de[ectcrs conforming to U.A.C. Standard No. 43-6. In dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor cr area giving access to rooms used for sleeping purposes. In an efficiency swelling unit, hotel sleeping room and in hotel suites, the detector shall be centrally located on the ceiling of Che main room or hotel sleeping room. Where sleeping rooms are on an upper level, [he detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located in accordance wit}, approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the dwelling unit ur guest roam. 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, the entire building shall be provided with smoke detectors located as required for new Group R, Division 3 Occupancies. In new construction, required smoke detectors shall receive their primary power from [he 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 overcurren[ protection. Smoke detectors may be battery operated when installed in existing buildings, or in buildings which undergo alterations, repairs or additions regulated by [he second paragraph of this section. L. Section 1704 of said Uniform Building Code is amended [o read as follows: Section 1704. ROOF COVERINGS. Roof coverings shall be fire retardant excepc in Types III, IV and V buildings, where it may he as follows: 1. Ordinary roof coverings may he used nn buildings of Group R, Division 3 or Group M Occupancies. 2. Class C roof coverings which comply with U.B.C. Standard No. 32-7 may be used on Group R, Division 1 Occupancies which are not more than two stories in height and have not more than 6000 square feet of projected roof area and there is a minimum of 30 feet from the extremity of the roof to the property lines on all sides except for street fronts. Skylf.gh es shall be constructed as required In Chapter 34. Penthouses shall be constructed as required in Chapter 36. For use of plaselcs Sn roofs, see Chapter 52. For Attics: Access and Area, see Sec elon 3205. Por Roof Drainage, see Section 3207. ia~- Ordinance No. Page 7 M. Chapter 17 0£ said Uniform Building Code is amended by addition of Sections 1718 through 1720 to read as follows: Section 1718. FIRE STOPPING. Roof coverings having openings at eaves which would allow the entrance of embers or flames shall be fire-stopped at taut ends to preclude entry of embers or Flames under the roof covering. Section 1719. UNDERFLOOR AREAS. Buildings or structures shall have all underfloor areas enclosed to the ground with construction a required for exterior walls. EXCEPTIONS: 1. Enclosure is not required when the underside of all ezposed floors and all exposed structural columns, beams and supporting walls are of non-combustible construction or protected with one-hour Eire resistive materials. 2. The underside of cantilevered wood balconies and unroofed walking "decks", construe ced entirely of 2" or greater nominal thickness wood joists and decking, need not be enclosed. 3. Wood structural members having a min imam dimension of 6" nominal, tongue and groove flooring of 1!i" not thickness or plywood flooring of 1-1/8" net thickness need no[ he enclosed or fire-protected. Section 1720. OPENINGS. Openings into enclosed underfloor or attic areas shall be provided with doors or sash or shall be screened with galvanized or copper wire screen with maximum one- eighth inch (1/8") mesh size. N. Subsection 2907 (b) of said Uniform Ruilding Code is amended to read as follows: Section 2907 (b). BEARING WALLS. Bearing walls shall be supported on masonry or concrete foundations or piles or other approved founda[Son system which shall be of sufficient size to .support all loads. Where a design is not provided, the minimum foundation requirements for stud bearing walls shall be as set forth in Table No. 29-A. EXCEPTIONS: L. A one story wood or metal frame building not used for human occupancy and not over 200 square feet in floor areas may be constructed without a masonry or concrete foundations if walls are supported by a Por [land cement concrete slab not less than 3!5" in thickness. 2. The support of buildings by pos [s embedded in earth shall be designed as specified in Section 2907 (£). Wood posts or poles embedded in earth shall be pressure treated with an approved preservative. Steel posts or poles shall be protected as specified Sn Section 2908 (h). ~] Ordinance No. Page 8 O. Subsection 3203(£) of said Uniform Building Code is amended to read as follows: Section 3203(£). ORDSNARY ROOF COVERING. An ordinary roof covering shall be any one of [he following roofings: EXCEPTION: Unless otherwise required because of location as specified in Par [s IV and V of Ch is code. Group M. Division 1 roof coverings shall consist of no[ less than one layer of 55-pound smooth-surfaced organic cap sheet, or built-up roof Sng consisting of two layers of Type 15 organic fiber felt and one layer of surfacing material as specified in Section 3203 (f)3. 1. Any roof covering listed in Section 3203(e). 2. Any built-up roofing assembly not less than Class C roofing. 3. Any mineral aggregate surface built-up roof for application to roofs having a slope of not more than 3 inches to 12 Snches applied as specified in Section 3203 (d) 2, consisting of not less than the following; Rase Sheet and Plies Three layers of Type 15 organic or inorganic fiber felt, and Surfacing Material 300 pounds per roofing square of gravel or other approved surfacing material, or 250 pounds per roofing square of crushed slag in 50 pounds of asphalt, or 60 pounds of pitch. 60 pounds of pitch. 4. Any prepared roofing not less than Class C roofing. P. Chapter 37 of said Uniform Building Code is amended by adding Section 3708 to read as follows: Section 3708. Any chimney, flue, vent, or stovepipe attached Co any solid or liquid burning fireplace, stove, barbeque, or other device hereafter installed within or attached to any building or structure, shall be equipped with an approved spark awes [or. A spark arrestor is defined as a device constructed of non-combustible material equivalent to 12 guage steel welded or woven wire mesh or 3/16" thick cast iron plate. Perforations or openings in spark ar rr.s[ors shall be not less than one- half inch (i") and not larger than five-eighths inches (5/8") and shall be of. sufficient number so as not to reduce the required flue area. Spark arrestors shall be Installed in such a manner as [n he visible for inspection and accessible for maintenance. I ~`~ OYdinance No. Page 9 Q. Section 3210 of [he appendix of said Uniform Building Code is 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 the acceptability of an existing structure for reroofing. A final inspection and approval shall be obtained from [he Building Official when reroofing is complete. k. Section 7003 of the Appendix of said Uniform Building Code is amended to 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: I. Grading in an isolated, self-con Gained area if there is no danger to private or public property. 2. An excavation below finished grade for basements and Footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such exezva[ion nor exempt any excavation having an unsupported height greater than 5 feet after the completion of such structure. 3. Cemetery graves. 4. Refuse disposal sites controlled by ocher regulations. 5. Excavations for wells or tunnels or utilities. 6. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 7. Exploratory excavations under the direction of soil engineers or engineeridg geologists. g. An excavation which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 fee[ 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 with a slope flatter than 5 horizontal to one vertical, or less than 3 feet in depth, no[ intended to auppor[ structures, which does not exceed 100 cubic yards on any one lot and does no[ obstruct a drainage course or al.cer drainage patterns. I ~ 5 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 part of that permit. 11. Public works projects not requiring a building permit including sewer and storm drain construction, utility trenches, power transmission lines and appurtenant access roads and retaining walls or grading accomplished as par[ of street maintenance activities. 12. Recurring, regularly scheduled maintenance of existing facilities where no new construction is involved. This exemption includes [he replacement of a single transmission tower or pole, which can be projected [o 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[hslide, heat storm, earthquake, riot, sabotage, and the like. Section 7004 of Chapter 70 of the Appendix of said llniform Build log Code is amended to read as follows: Section 7004, "Whenever the Building Official determines that any ex is [ing natural slope, excavation, embankment, fill or other condition created by a grading proj ec[ has become a hazard Co life or limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the Building Official may Rive the owner of [he property upon which the condition is located, or other person or agent in control of said property, a written notice to abate the condition. Upon receipt of such written notice from the Building Official, the owner or other person or agent in control of said property shall within the period specified in the notice repair or eliminate such natural slope, excavation, embankment, fill or other condition so as to eliminate the hazard and be in conformance with the requirements of this Code." Section 7005 of the Appendix of said Uniform Building Code is amended by adding the following definitions: Final. Grading Plan is a plan showing all detailed drainage information, grade elevations, Building locations and floor elevations. Preliminary C,rading Plan is a plan showing building pad elevations, typ lcal drainage methods to be utilized, and similar generalized information, usually excluding finish floor eleva [iona, build inq locations, and specific drainage details. U. Section 7006 of the Appendix of Bald Uniform Building Code fe amended to read as follows: ~a~ Ordinance No. Page 11 Section 7006 (a). PERMITS REQUIRED. Except as exempted in Section 7003 of this Code, no person shall do any grading WiChoue first 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[ [he time of grading permit inssuance. Where grading is accomplished based upon a preliminary grading plan [he submittal of a final grading plan shall be required prior Co the issuance of any building permit for Che site. Preliminary grading plans shall include sufficient detail to assure [hat ac the time of final grading plan submittal, all standards and specifications of ch is code and other City grading regulations will be met. Section 7006 (b). APPLICATION. The provisions of Section 302 (b) are applicable to grading and in addition Che application shall state [he estimated quantities of work involved. Section 7006 (c). PLAN° AND SPECIFICATIONS. When required by [he Building Official, each applicant for a grading permit shall be accompanied by three sets of plans and specifications, 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 shall be drawn to scale upon substantial paper or cloth and shall be of sufficient clarity to indicate Che nature and extent of The work proposed and show in detail that they will conform to [he provisions of this Code and all relevant laws, ordinances, rules and regulations. The first she_t of each set of plans shall give the location of the work and name and address of [he owner and the person by whom they were prepared. The plans shall include the following information: 1. General vicinity of the 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 by the grading. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to he constructed with, or as a part of, the proposed work together with a map showing the drainage area and the extimated runoff of the area served by any drains. 5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property or which may be affected by the proposed grading operations. 6. Size, type and condition of vegetation that Ss to remain. 7. Legal restrictions such as property lines, easements, setbacks, etc. ~a Ordinance No. Page 12 g. Utility structures: catch basin, manhole, culvert, ecc. 9. Utility lines: drainage, sewer, water, gas, electric. 10. Any unusual site conditions. Contours, both existing and proposed, shall he shown in accordance with the following schedule: Natural Slopes Maximum Interval 2% or less 2 feet Over 2% to and including 9% 5 feet Over 9% 10 feet Spec if Scations shall contain information covering construction and material requirements. Section 7006 (e). SOIL ENGINEERING REPORT. The soil engineering report required by subsection (c) shall include date regarding [he nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and opinions and recommendations covering adequacy of sl [es to be developed by [he proposed grading. Recommendations included in the report and approved by the Building Official shall be incorporated in the grading plans or specifications. Section 7006 (f). ENGINEERING GEOLOGY REPORT. The engineering geology report required by subsection (c) shall include an adequate description of [he geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and reconvnenda[ions covering the adequacy of sites to be developed by the proposed grading. Section 7006 (g), ISSUANCE. The provisions of Section 302 are applicable to grading permits. The Building Official may also require submittal of the following additional infoxnati nn with the permit application. 1. Extent and manner of cutting of trees and clearing of vegetation, disposal of same, and measures for protection of undistributed trees and/or vegetation. 2. Schedule def Sning staging and [Suring of construction and estimated extent of disturbance a[ strategic points during construction. 3. Equipment, methods, and location of spoils disposal. 4. A plan defining the schedule, equ lpment, materials, and crew that will be used [o maintain all protective devices and drainage facilities shown nn the approved grading plan. 5. Designation of routes upon wh lch materials may be transported and menas of access [o the site. ~~'~ Ordinance No. Fage 13 6. The place and manner of disposal of excavated materials and control of erosion from such materials. 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 for the property rights, convenience, and reasonable desires ant the needs of said neighborhood or any portion thereof. 8. Limitations on the area, ex tenC and duration of Cime of exposure of unprotected soil surfaces. 9. Mitigating measures recommended by the Regional Water Quality Control Board or Resource Conservation District. (0. Phasing of operations to minimize water or other environmental impacts. 11. Such further applicable information as the Auilding 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 the responsibility of [he permittee Co notify the Building Official at least one working day in advance so that required inspections may be made. Section 7006 (j). PROTECTION OF ADSACENT PROPERTY. During grading operations, the permittee shall he responsible for the prevention of damage to adjacent prope ty and no person shall excavate nn land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, clacking, or other damage which might result. Section 7006 (k). TEMPORARY EROSION CONTROL. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage b`; erosion, flooding, and deposition of mud or debris originating from the site. V. Section 7007 of [he Appendix of said Uniform Building Code is amended to read as follows: Section 7007. FEES. Grading and plan check fees shall be as set for eh by the 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, feea shall be calculated from the overall yardage to be moved under each submittal. The fee for a grad log permit au [horizing addition work to [hat under a valid permic shall he the difference between the fee paid far the original permit and the fee shown fore the entire projec [. ~~ I Ordinance No. Page 14 Section 7008 of the Appendix of said Uniform Building Code is amended [o read as follows: Section 7008 (a). BONDS. Prior [o the issuance of a grading permit involving 5000 cubic yards or more of cut and fill, the applicant shall first post with the Building Official, a bond executed by the owner as principal and a corporate surety authorized to do business in [his state. In lieu of a surety bond, [he applicant may file a cash bond, or deposit and assign to the City, savings and loan car [ifica[es or ocher instruments of credit. Where unusual conditions or special hazards exist, the Building Official may require a bond for grading involving less than 5000 cubic yards. The bond required by [his Section may include incidental off-site grading on property contiguous with the site to be developed provided written consent of the owner of such contiguous property is filed with the Building Official. The Building Official may waive the requirements for grading necessary to remove a geological hazard, where such work is covered by an agreement and bond posted pursuant to provisions of other Ord Snances. Section 7008 (6). AMDUNT 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 pro[ectib le devices, work necessary to eliminate geological hazards, erosion control planting and required retaining walls, and masonry fences. That portion of the bond valuation based on the volume of material shall be computed as set for [h in the following table: 1000,000 cubic yards or le ss.. .....50% of the cost of grading work. Over 100,000 cubic yards.....-.....50% of the cos[ of the first 100,000 cubic yards plus 25% of Che estimated cost of that portion in excess of 100,000 cub is yards. Section 7008 (c). REDUCTION IN BOND. When rough grading has been completed in conformance with the requirements of this Code, the Building Official may at his discretion consent to a proportionate reduction of the bond to an amount estimated to be adequate [o insure completion of [he grading work, site development or planting remaining to be performed. The costs referred to in this Sec [ion shall be as estimated by the Building 0£f icial. Section 7008 (d). CONDITIONS. Every bond shall include the conditions that [he principal shall: Comply with all of the provisions of City Ordinances, applicable laws, and standards. 2. Comply with all of the terms and conditions of the grading permit. 3. Complete all of the work authorized 6y the permit within the time limit specified in the permit or wtthin any extension [hereof granted. No such ex [ens Sun of time shall release the surety upon the bond. )30 Ordinance No. Page 15 Section 7008 (e). TERM OF BOND. The term of each bond shall begin upon the filing thereof with [he Building Official and the bond shall remain in effect until the work authorized by the grading permit is completed and approved by the Building Official. Section 7008 (f). DEFAULT PROCEDURES. In the event [he owner or his agent shall fail to comple [e the work or fail to comply with all terms and conditions of the grading permit, it shall he deemed a default has occurred. The Building Official shall give notice thereof to the principal and surety on the grading permic bond, or [o the owner in the case of a cash deposit or assignment, and may order the work required to comp le [e the grading in conformance with the requirements of [his Code be performed. The surety executing the bond shall continue to be firmly bound under an obligation up co [he full amount of the bond, for the payment of all necessary costs and expenses that may be incurred by the Building Official in causing any and all such required work to be done. In [he 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). RIGNT OF ENTRY. The Building Official or the authorized representative of the surety company shall have access to the premises described Sn the permit for the purpose of inspecting the work. In [he event of default in [he performance of any term of condition of the permit the surety or the Building Official, or any person employed or engaged in the behalf o£ ei t}~er, shall have the right to go upon the premises tc perform the required work. The owner or any other person who interferes with or obstructs [he ingress to or egress from any such premises, of any authorized representative of [he surely or of the City of Rancho Cucamonga engaged in the correction or completion of the work for which a grading permit has been Issued, after a default has occurred in the performance of the terms or conditions thereof, is guilty of a misdemeanor. Section 7010 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7010 (a). GENERAL. Unless otherwise recommended in the approved soil engineering repot[, fills shall conform to the provisions of [his Section and to Figure A, Typical Lot Cross Section for fills. Ln the absence of an approved soil engineering report these provisions may be waived for minor fills no[ intended to support structures. Section 7010 (b). FILL LOCATION. Fill slopes shall not be cons [ruc[ed on natural slopes steeper than two to one or where the fill slope toes out within 12 fee[ horizontally of the top of a lower existing ur planned cut slopes except in the case of slopes of minor height when approved by [he Building Official. Section 7010 (c). PREPARATION OF GROUND. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying E ill, top-soil and other unsuitable materials scarifying [o provide a bond with the new fill, and, where, slopes are steeper than five to one, and the height greater than 5 Eeet, by benching into sound bedrock ~ J Ordinance No, Page 16 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 at leas[ 30 feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cu [, [he bench under [he toe of fill shall be at least 10 feet wide but the cut must he 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 1n fills. Except as permitted by the Building Official, no rock or similar irreducible material wi [h a maximum dimension greater than 12 inches be buried or placed in fibs. - - EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects its placement and approves the fill stability. The following conditions shall also apply: A. Prior to issuance of the Grading Petmit, potential rock disposal areas shall be delineated on the grading plan. e. Rock sizes greater than 12 Snches in maximum dimension shall be 10 feet or more below grade, measured vertically. C. Rocks shall be placed so as to assure filling of all voids with fines. Section 7010 (e). COMPACTION. All fills shall be compacted to a minimum of 90Y. 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 [he Buidliug Official. EXCEPTIONS: Fills excepted elsewhere in this ordinance and where the Building Official determines chat compaction is not a necessary safety measure [o aid in preventing saturation, settlement, slipping, or erosion of the fill. 2. Where lower density and expansive types of soil exist, then permission for lesser compactions may be granted by [he Building Official upon showing of good cause under the conditions provided herein. 3. All backf ill in utility line trenches shall he compacted and tested. The soils engineer shall verify that this backf illinq has been satisfactorily accomplished. Alternate methods of filling and compaction may he utf li zed on specific pro~ecta when specified by the soil engineer and/or approved by the Building Official. Section 7010 (f). BLOPE. The slope of Eill surfaces shall be no steeper than is safe £or the intended use. Fill slopes shall be no steeper than two horizontal to one vertical. i 3a. Ordinance No. Page 17 Section 7010 (g). DRAINAGE AND TERRACING. Drainage and terracing shall be provided and the area above Eill Slopes and [he surfaces of terraces shall be graded and paved as required by Sec[Son 7012. Section 7011 of [he Appendix of said llniform Building Code is amended to read as follows: Section 7011 (a). GENERAL. The setbacks and other restric[Sons 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 safety and stability or [o prevent damage of adjacent properties from deposi [ion or erosion or to provide access for slope maintenance and drainage. Retaining walls may be used Co reduce the required setbacks when approved by Che Building Official. Section 7011 (b). SETBACKS FROM PROPERTY LINES. The tops of cuts and toes of fill slopes shall be sec back from [he outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. 1 and Table No. 70-C. Section 701L (c). DESIGN STANDARDS FOR SETBACKS. Setbacks be Cween graded slopes (cut and fill) and structures shall be provided in accordance with Figure No. 2. Z. Section 7013 of the Appendix of said Uniform Building Cnde is ameneled to read as follows: Section 7013 (a). EROSION CONTROLS. The faces of cu[ and fill slopes shall be prepared and maintained to control against erosion. The protec [ion for the slopes shall be installed as soon as practicable and prior to calling far final approval. Where cu[ slopes are not subject [o erosion due to the erosion-resistant character of the materials, such protection may be omitted. Section 7013 (b). OTHER DEVICES, Where necessary, check dams, cribbing, riprap or other devices or methods shall 6e employed to control erosion and provide safety. Section 7013 (c). PLANTING. The surface of all cut and fill slopes mare than Five feet in height shall be protected agalns[ damage by erosion by planting with approved grass or ground cover plants. Slopes ex reed ing 15 feet in vertical height shall also be planted with shrubs and trees at equivalent spacings, in addition to the grass or ground cover plants. The plants selected and planting methods Used shall be suitable for the soil and climatic conditions of the site. EKCEPTIONS: P lanting need not be provided for cut slopes, rocky in character and not subject ko damage by erosion, when approved by the Building OEf Scial.. Slopes may be protected against erosion damage by other methods when such methods have been specifically recommended by a soils engineer, engineering geologist, or equivalent and found to offer erosion pro tectieh equal to that provided by the planting specified in this Section. 133 Ordinance No. Page 1R Section 7013 (d). IRRIGATION. Slopes required to be planted shall be provided with an approved system of irrigation designed to cover all portions of the slope, and plans therefore shall be submitted and approved prior [o installation. A functional test of the system may he required. The requirements Eor permanene irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plants selected, the planting methods used and the soil and climatic conditions at the site, such irrigation system will not he necessary for [he main [enance of [he slope planting. Section 7013 (e). RELEASE OF BOND. The planting and irrigation systems required by Ch is Sec [ion shall be installed as soon as practical after rough grading. Prior to Final approval of grading and before the release of [he grading bond, [he 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 [o provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members [o be members of [he City Council or persons other than employees of the City, appointed by the City Council and who shall serve 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 conducting its business and shall render all decisions and findings in writing to the Build Sng Official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with Chapter l2 of this Cade. e. Section 204 of said Uniform Housing Code is amended to read as follows: Section 204. It shall be unlawful for any person, firm or corporation to erect, cons tract, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit [he same Co be done in violation of this code. Any person, firm, or corporation violating any of the provisions of this Code shall be 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 whSch any violation of any of the provisions of this Code is conuni tied, continued, or permitted, and upon conv is tton of any such violation such person shall be punishable by a tine of not more than $500.00 or by imprisonment for not more than six months, or by bo ch such floe and imprisonment. 0. Sec tton 1501 of said Uniform Nousing Code is amended to read as fo];ows: la y 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 Building Official shall cause [he work to be accomplished by city personnel or by private contract under [he direction of the Building Official. Plans and specifications therefore may be prepared by the Huilding Official, or he may employ such architec [oral and engineering assistance on a contract basis as he may deem reasonahly necessary. Section 1501 (b). COSTS. The cost of such work may be made a special assessment against [he property involved, or may he made a personal obligation of the property owner, whichever the legislative body of [his jurisdiction shall determine is appropriate. SECTION 6 The Uniform Code for Abatement of Dangerous Buildings is amended as Eol lows: 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, alter, repair, move, improve, remove, convect or demolish, equip, use, occupy or maintain any building or structure or unsafe grading site or cause or permit the same to be done in violation of this code. Any person, firm, nr corporation violating any of the prowl sfons of this Code shall be 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, any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable by a fine of no[ more than $500.00 or by imprisonment far not more than six moo chs, or by both such fine and imprisonment. B. Section 205 of said Uniform Code for Abatement of Dangerous Buildings is amended to read as follows: Section 205. BOARD OF APPEALS. In order to provide for final interpretation of the provisions of this Code and to hear appeals provided for hereunder, there is hereby established a Board of Appeals consisting of five (5) members, said members to be members of the City Council or persons other than employees of the City, appointed by the City Council and who shall serve at its pleasure. The Building Official shall be an ex-officio member of and shall act as Secretary to said Board. The Roard may adopt reasonable rules and regulations for conducting its business and shall render all dec£s ions and findings in writing to the Ruild ing Official with dupliea to copy [o Che appellant. Appeals to the Board shall be processed in accordance with the p row is ions contained in Sec [i on SOI of this Code, C. The Un lform Code for Abatement of Dangerous Buildings is amended by adding sections 206 and 207 to read as follows: i3~ Ordinance No. Page 20 Section 206. In addition [o the procedures provided for abatement of dangerous buildings as set forth in Chapter 4 of this Code, the Building Official is hereby given summary power to secure from entry any structure or premises which in his discretion he determines to be immediately dangerous, or immed lately 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 no[ be limited to only this method and may use other methods at his discretion to accomplish the same purpose which may 6e more appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DANGEROUS BUILDING, DO NOT ENTER": or other appropriate sign upon the structure or premises in at least one conspicuous place. The Building Official shall immediately upon such action send notice to the owners of the real property upon which the s[rvc[u re or condi tine is located, as shown on the last equalized assessment rolls. Such notice shall contain the following information: 1. That he has secured the structure or corrected the hazardous conditions. 2. The cost incurred by the City [hereby. 3. That he has posted signs as provided by this section. 4. The reasons why he has taken the action. 5. Thst an appeal may be made within [en (10) days to the City Council, as provided in this Section. 6. That if his action is not annulled by the City Council, the cost of securing the property shall become a lien upon the real property, unless the cos[ is paid to the Ci [y within thirty (30) days of the mailing of [he notice. If any owner of property, or any person having any interest in property affected by the action of the Building Official in securing a scruc tore or abating a hazardous condition as permitted by Chia section, is aggrieved by [he action of the Building Official in securing the structure, such person or persons may appeal the action of the Building Official by filing a written notice of appeal with the City Clerk wi[hio ten (10) days after receipt of notice of the action by the Building Official. The notice of appeal must be verified under oath or under penalty of perjury and moat ata to the grounds upon which the action of the Building Official is appealed. The City Council shall, upon receiving such notice of appeal, hear any evidence or other relevant matters presented by [he appellant or the Building Official at its next regular meeting after the filing of the notice of appeal, provided however, if the notice of appeal Ss filed less than ten days prior to [he day of a regular meeting of the CSty Council, the hearing shall not be held at the first regular meeting, but at [he following regular meeting. After hearing all evidence and other relevant matters presented at said hearing or without hearing if no appeal is made upon the report of the Building Official, the City Council may then confirm, amend, or annul the action of the Building Offic lal. If [he action of the Building Official is annulled, the Ci[y at its own ) Ordinance No. Page 21 expense shall remove any and all instruments used to secure said structure, and shall remove any and all signs stating that the building is unsafe [o enter. If, however, the City Courtcll confirms the action of the Building Official in securing the structure at the hearing on appeal, or, iE nu appeal is taken, a[ any other regular meeting, or adjourned meeting, then the cost incurred by [he City in securing [he Structure shall become a lien against [he property, and a resolution of the City Council confirming [he ac Cion of Che Building Official, including the imposition of a lien upon the property upon which the structure is located to pay for the cost of securing it, may be adopted upon receipt of a report from Che Building Official. Suoh resolution may be filed with [he San Bernardino County Tax Assessor, and ttie lien imposed thereby may be collected Eor [he 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 this Code for abating through securing from entry any structure which is determined by [he Building Official to be i~edia[ely dangerous or immediately hazardous may also be used by the Building Offle ial in connection with [he summary abatement of all ocher dangerous or hazardous condition upon private property which the Building Official determines, at his discre [ion, as cons[itutinR an i~mnediately dangerous or hazardous condition. The Building Official may then sunmtarily abate such nuisance, at his discretion, in the most appropriate manner under the circumstances, which may include, but shall not be limited [o the following methods: fencing, draining water from swimming pools and filling with appropriate Gall as t, removing Eire hazards, filling or covering open holes and grading or strengthening land fills or excavations. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economical hardship upon the owner of the property, and only use those measures which will eliminate the dangerous and hazardous features. D. Section 801 of said Uniform Code for Aba cement of Dangerous Buildings is amended to read as follows: Section 801. PROCEDURE. When any work of repair or demolition is to be dm~e pursuant to Section 701 (c) 3 of this Code, the Building Official shall issue the order therefore and the work shall he accompl iahed by City personnel or by private contract under the direction of [he Building Official, or he may employ such architectural and engineering assistance nn a contract basis as he may deem reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractural procedures shall be followed. Said Uniform Code for Abatement of Dangerous Bu ild Sngs is amended by deleting Section 802 in its entirety. Section 901 of [he Unlfotm Code For the Ahatement of Dangerous Buildings is amended to read as follows: %7 Ordinance No. Yage 22 Section 901. The Building Official shall keep an itemized account of [he expense incurred by the CiCy in the repair or demolition of any building done pursuant [o the provisions of Section 701 (c) 3 of this Code. Upon the completion of [he work of repair or demolition, said Building Official shall prepare and file with the CSty Clerk a report specifying the work done, the itemized and coral cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of [he persons entitled to notice pursuant Co Subsection (c) of Section 401. G. Section 902 of the Uniform Code for the Abatemenc of Dangerous Buildings is amended to read as follows: Section 902. Upon receipt of said repot[, the City Clerk shall present it to the Ci[y Council Eor consideration. The City Council shall fix a Cime, date and place for hearing such report, and any proles [s or objections [hereto. The City Clerk shall cause notice of said hearing to he pos eed upon the property involved, posted as directed by the City Council so as to give proper public notice, and served by certified mail, postage prepaid, addressed to the owner of the property as his name and address appears on [he last equalized assessment roll of the c ouncy, if such so appears, or as known to the Clerk. Such notice shall be given at leas[ [en (10) days pilot [o the date seC for hearing and shall specify the day, hour, and place when the Council will hear and pass upon the Building Official's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. N. Section 903 of the Uniform Code for the Abatement of Dangerous Buildings Ss amended to read as follows: Section 903. Any person interested in or affected 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 [he Building Official. Each such protest or objection must contain a dear. riptien of the prcpcay in which [he signer thereof is interes [ed and the grounds of such protest or obj ec [ion [he date it was received by him. Ue shall present such protests or objections to the City Council at the time set Eor the hearing, and no other protesta or obj ectlons shall be considered. I. Section 904 of the ^niform Cade for the Abatement of Dangerous Bul ld ings is amended to read as follows: Section 905. Upon the day end hour fixed for the hearing the City Council shall hear and pass upon the report of the Ruilding Official together with any such objections or protests. The Council may make such revision, correction or modiflra tion in the report or the charge as it may deem just; and when the Council is satisfied with the correc [Hess of the charge, the report (as submitted or as revised, entree led or modified) together with the charge shall he confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall he final and conclusive. ~~~ ,;/ 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 is to establish minimum standards to make newly constructed dwelling units and additions to dwelling units and private garages resistant to unlawful entry and [o facilitate protection of property. B. Section 4102 of said Security Code is amended to read as follows: Section 4102. The provisions of [his chapter shall apply Co openings into dwelling units within apartment houses of Group R, Division 1 Occupancies and Group A, Division 3 Occupancies and into pr iva[e garages of Group M-1 Occupancies, defined in [he Uniform Building Coda, including openings between attached garages and dwelling units. EXCEPTIONS: I. An opening in an exterior wall when all portions of such openings are more than 12 feet vertically or 6 feet horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch oz similar area. 2. An opening in an exterior wall when all portions of such openings are more than 12 fee[ vertically or 6 feet horizontally from the surface of any adj oininq roof, balcony, landing, stair tread, platform or similar structure or when any portion of such surface is itself more than 12 feet above an accessible surface. 3. Openings where the smaller dimension is 6 inches or less, provided that [he closest edge of such openings Ss a[ least 40 inches from the locking device of the door nr window assembly. 4. Openings protected by required fSre door assemblies having a fire endurance rating of not less than 45 minutes. C. Section 4105 of sold Uniform Building Security Code is amended to r_ad as follows: Section 4105. All main or front entry doors to dwelling units shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. Except as provided in Section 3304 (h) of the llniform Building Cade, such view may be provided by a door viewer having afield of view of not less than 180 degrees, through windows or through view ports. 12, 4 Ordinance No. Page 24 D. Section 4016 of said Uniform Building Security Code is amended [o read as follows: Section 4106 (a). Swinging pedestrian doors and their hardware regulated by this chapter shall comply with UBC Standard No. 41-1, Part I or equivalent standard. Doors and hardware shall be installed as tested. 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 Chan nine-sixteenths inches (q/l6") thickness. Section 4106 (c). LOCKING DEVICES. Such doors shall fie equipped with a double or single cylinder deadbolt lock. The bolt shall have a minimum projection of nne inch (1") and be constructed so as to reoel cutting tool attack. The deadbolt shall have an embedment eE at least three-fourths inch (1/4") into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five (6) pin tumblers, and shall be connected to the inner portion of the back by connecting screws of at least one-fourth inch (lC") 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 substituted provided it meets all ocher specifications for locking devices. Sec Linn 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-h elf inch ('~") and a minimum embedment of five-eights :has (5/B") into [he head and threshold of t,ie frame. Section 4106 (e). BLOCKING. In wood framing, horizontal blacking shall be placed between studs at door lock height for three (3) stud spaces each side of the door openings. Any spaces between jambs and trimmers and adj olning studs shall be shimmed solid. Section 4106 (f). STOPS. Door stops of wooden jambs for inswinging doors shall be of one piece construction with [he jamb. Jambs for all doors shall he constructed or protected so as to prevent vlo lotion of [he strike. Section 4106 (g). GLAZING. Glazing in exterior doors within forty (40) inches of any locking mechanism shall be of fully tempered glass or burglary resistant glazing, except when double cylinder deadbolt locks are ine[a lied. Section 4106 (h). STRIKE PLATE INSTALLATION. In wood frame con- struction any open space hecween trimmers end wood door jambs shall be sol Sd shimmed b}' a single piece ex tend tng not less Chan 6 inches above and below the strike plate. Str lke plates shall be attached to wood with not less than two Nn. S x 2" screws. All s[r Ske plates of doors Sn pairs aha 11 be installed as tested. lyd Ordinance No. Page 25 Section 4106 (i). HINGES. Hinges which are exposed to the ex[er for shall be equipped with nonremovable hinge pins or a mechanical interlock to preclude removal o£ the door from [he exterior by removing the hinge pins. E. Section 4107 of said Uniform Building Standard Code is amended Co read as follows: Section 4107. SLIDING DOORS. Section 4107 Sliding Door assemblies regulated by this chapter shall comply with URC Standard 41-1, Part II or equivalent standard. F. Section 4108 of said Uniform Building Standard Code is amended to read as follows: Section 4108. WINDOWS. Window assemblies which are designed to he openable and which are regulated by this Chapter shall comply with UBC Standard 41-2 unless such windows are protected by approved metal bars, scxeens or grilles. G, Section 4109 of said Uniform Building Security Code is amended to read os follows: Section 4109 (a). GARAGE VEHICULAR ACCESS DOORS. Rolling overhead, solid overhead, swinging/sliding or accord ion doors provided for vehicular access to private garages shall be constructed and installed as set forth in this section. Section 4109 (b). Such doors shall be provided with an exterior covering of one of the following: L. Exterior grade plywood not less than five-six teen the inches (5/16") in thickness. 2. Aluminum not less than four-hundredths inches (.04") in thickness. 3. Steel not less than three-hundredths inches (.03") in thickness. 4. Fiberglass having a density of not less Chan five ounces (5 oz.) per square foot. 5. Wood sid tog no[ less than nine-sSxteenths inches (9/16") in thickness. Section 4L09 (c}, LOCKING DEVICES. All locking devices utilizing a cylinder lock shall fiave a minimum five (5) pfn tumbler operation with the locking bar or holt extending into the receiving guide a minimum of one inch (1"). Slide bolt type locking assemblies shall have a bolt diameter of not less than three-eighths inch (3/8"). Slide bolts shall penetrate the receiving guide not less than one and one-half inches (1!i") and shall be aC tached with three (3) bolts that are not removable from the outside. Rivets shall not he used to attach slide bole assemblies. )~~ Ordinance No. Page 26 Doors exceeding sixteen feet (16') in width shall be provided with opposite, centrally located locking points, either ae each side or at top and bottom of the door. EXCEPTIONS: 1. For doors nineteen feet (19') or less in width, a single locking point may be used if centrally located at the floor or top of the door. 2. Doors provided with torsion spring counter-balance type hardware. Section 4109 (d). FRAMES. Frames fox garage vehicle- access doors shall be constructed of one of the following: 1. Aluminum not less than twelve-hundredths inches (.12") in thickness. 2. Steel no[ less than six-hundredths inches (.06") in thickness. 3. Wood not less than one and ene-half inches (1;") in thickness. H. Said Oviform Building Security Code is amended by adding Sections 4110 through 4115 to read as follows: Section 4110. COMPLEX DIAGRAM. There shall be posi[Soned at each entrance of a multiple family development, an illuminated diagranuna tic representation of the complex which shows the location of the viewer and the unit designations and locations within the complex. Section 4111, i.IGHTING. i.i.ghting in multiple family dwellings shall be as follows: Aisles, passageways and recesses related to and within the building complex shall he illuminated with an intensity of a[ least twenty-five one-hundredths (.23) fontcandl es at the ground level during the hours of darkness. Lighting devices shell be protec [ed by vandal resistant covers. 2. Open parking lots and car ports shall be provided with a minimum of one (1) footcandle of light on the perking surface during the hours of darkness. Lighting devices shall be protected by vandal resistant covers. Section 4112. KEYING. Upon occupancy, each dwelling uni r. in a subdivision or multiple family development shall have locks using keys that are not interchangeable with any other dwelling unit in [he subdivision or mulelple family development. Section 4113. DEFINITIONS. 1. "Burglary Resistant Glazing" means those materials as def Sned in Underwriters Laboratory Bulletin 972. 1 l{ 1 Ordinance No, Page 27 2. "Double Cylinder Deadbolt" means a deadbolt lock Which can be activated only by a key on both [he interior and the ex [erior. 3. "Door Stop" means that projection along the top and sides of a door jamb which checks the door's swinging action. 4. "Dwelling" means a building or portion thereof designed exclusively fot residential occupancy, including single Family dwellings. 5. "Flushbol [" is a manual, key or Curn opezated metal bolt normally used on inactive door(s) and is attached to the cop and bottom of the door and engages in the head and threshold of the frame. 6. "Single Cylinder Deadbolt" means a deadbolt lock which is activated from the outside by a key and from the inside by a knob, thumb-Curn, lever, or similar mechanism. Section 4114. ALTERNATE MATERIALS AND METHODS. The provisions of this chapter are not intended to prevent the use of any ma [erial, device, hardware or method not specifically prescribed in this Chapter, when such alternate provides equivalent security and is approved by the Huild ing Official. Sec Cion 4115. VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, or wrporation [o construct, erect, enlarge or alter any building or permit the same to be done contrary to, or in vio La Cion o(, any of th^ provision of this Code. Any person, firm, or corporation vio la [ing 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 Eor each and every day or portion [hereof Luring which any vio la ticn of the provisions of this Code is committed, eon [inued or permitted, and upon conviction of such viola Cion, such person shall be punishable by a fine of no[ more than $500.00 nr by imprisonment for no[ more than six months or by both such fine and imprisonment. SECTION 8: The lln if orm Sign Code is amended as follows: Section 103 (d) of ae id Uniform Sign Cnde is amended to read as follows: Sec tton 103 (d). VIOLATIONS ANU PENALTIES. It shall be unlawful for any person, firm or corpora tron to erect, constiuc t, enlarge, alter, repair, move, improve, remove, convert, demolish, equip or Use or maintain any sign or stgn structure in the City or cause or permit the same [o be done contrary to or in violation of any of Che provisions of this fod e. Any person, firm or corpora [ion violating any of the provisions of this Code sha tl be guilty of a misdemeanor and each such person shall he deemed guilty of a separate offense for each and every day or poi [loo th e+eof during which any violation of any of the provisions of [his Code is committed, continued, ur permitted; and, upon conviction of any such violation, such person shall he punishable by a fine of not more ehan INS Ordinance No. Page 28 $500.00 or by imprisonment of not mor=_ than six months or by both such fine and imprisonment. R. Section 303 of said Uniform 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 cons [rued as relieving Che owner of the sign from the responsibility for its erection and maintenance, compliance with the provisions of this Code, the Rancho Cucamonga Sign Ordinance, or any other law or ordinance regula clog [he same: 1. The changing of the advertising copy or message on a painted or printed sign. 2. Painting, repainting or cleaning of an adver [ising structure provided no struc CUral change is made. 3. Signs less than 6 fee[ above grade [hat are not electrically lighted. 4. Changing of [heater marquees and similar signs specifically designed for the use of replaceable copy. My permit issued for erection of a sign in violation of this Code or other ordinance is automatically void and shall h= cancelled by the Building Official. C. Said Uniform Slgn Code is amended by deletion of Chapters 5, 6, 7, 8, 9, 10, 11, 12, and 14. SECTION 9: Pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a city may make such modfElca[lona in the requirements of the regulations adopted pursuant to Health and Safety Code Section 17922 as it determines Co be reasonably necessary because of local conditions, and the City Council of the CS [y of Rancho Cucamonga determines [ha[ the modifications set Eor[h 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 Ruilding Code, Chapters 2 and 15 of the Uniform Housing Code, 1979 Editions, dealing with administration and enforcement, in order to provide Ear efficient and orderly operation of the Bu ilding and Safely Division. b. It is reasonably necessary, because of local conditions, to modify Sections 420, 1101, and add Section 1107 to Chapter ll of [he Uniform Building Code, 1979 Edition, in order to provide regulation and protection from life hazard Ln and around swimm~ing pools and other man-made bod les of water. ley Ordinance No. Page 29 c. It is reasonably necessary, because of local conditions, to modify Sections 1105 and 2907 (h) of the Uniform Building Code, 1979 Edition, dealing with floors, in order to reduce deterioration in certain buildings. d. Ic is reasonably necessary, because of local conditions, to modify Sections 1704 and 3708 of the Uniform Building Code, 1979 Edition, and add Sections 1718 through 1720 to said Code, in order to reduce fire hazards and [he spread of roof fires in buildings. It is reasonably necessary, due [o local geological conditions, [o modify chapter 70 of the Appendix of the Uniform Building Code, 1979 Ed itian, to reduce erosion and provide protection against development of hazardous grading conditions. Each and every modification of said Code as adopted by this City Council has been necessitated bacause the provisions of the publ Sshed Code are inadequate to provide for protection of health, safety and welfare of the general public and eff icien[, orderly adminis tra [ion of the Building and Safety Division. The above listed expressed findings shall be made available as a public record and a copy with the modifications thereof, shall be kept on Eila with the Building and Safety Division. SECTION 10• The City Clerk shall file a certified copy of this ordinance with the State Department of Housing and Conununi[y Development. SECTION 11: The Mayor shall sign this Ordinance and [he City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in The Dally Report, a newspaper of general circulation published Sn the City of Ontario, California and circulated in the Ci[y of Rancho Cucamonga, California. t PASSED, APPROVED and ADOPTED [his day oft , 1984 by the following vote: AYES: NOES: ABSENT: ~ U'i Ordinance No. Page 30 Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk / `~ (- AMENDMENTS TO INTERIM RANCHO CUCAMONGA ZONING ORDINANCE RESIDENTIAL, PLANNED DEVELOPMENT AND PARKING SECTIONS C- AMENDMENTS TO INTERIM RANCHO CUCAMONGA ZONING ORDINANCE RESIDENTIAL, PLANNED DEVELOPMENT AND PARKING SECTIONS R-1 Ois trict ~ ( 61.024A Page 1 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 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 (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 two (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 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. (H) Parks and playgrounds. (I) Electrical distribution subs to tf ons. (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) ACCESSORY USES, BUILGINGS AND 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 (1) horse for each R-I District 61.024A Page 2 ~ r- 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: PERMITTED ANIMALS One bovine per 20,000 sq Two calves per 10,000 sq Two sheep per 10,000 sq. Two goats per 10,000 sq. MAXIMUM NUMBER ft. or .... ........ .3 ft. or .... .........9 ft. or .. ... .. .......9 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 Cemr!unity 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 mare 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 huildi ngs. 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) Shall 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(6)(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(6)(5)(C). R-1 District b1.U[uN 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 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 app iica tion, the City Planner shall issue a valid temporary occupancy permit fora 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 6y 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. (R) 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. (G) 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(6). (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 61.024A Page 4 ;- ~ 61.0248 (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 Depth Yard Yard Side Yard Yard Cover 7200-8500 70 60 100 25 5/10 15 20 40 10000-15000 80 SO 100 25 5/15 15 25 30 20000 100 90 135 30 ** 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'. All dimensions are to be measured after dedications have been subtracted in accordance with the adopted Circulati on 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 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) A 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-1 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 (4D) forty feet. (7) Variable lat 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 tiie R-1-20000 or R-1-1 zones. In all cases the minimum lot widths and depths shall be met. 61.0246 HELD [N 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: (I) Same as R-1 District (Section 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. (0) 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). (R) 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 far 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 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 with space for maximum of 4 cars. (2) Home Occupation pursuant to Ordinance 12 of the City of Rancho Cucamonga. (3) A temporary sales office may be located in a subdivision developed in accordance with the Subdivision Cade, 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 area 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 tempura ry 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 prav iding 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 ex pira ti nn of the temporary occupancy permit. (R) The applicant must show that circumstances beyond his control have caused unusual delays. R-2 District __ 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 REQUi REMENTS: Same as R-1 District. (d) HEIGHT LIMITATIONS: Same as R-1 District. (e) MINIMUM AREAS AND DIMENSIONS OF LO'I S: (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. (3) R11 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 6e occupied by aone-family dwelling and accessory buildings only. (G) 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) iNTERfOR SIDE YARD REQUIRED: Five (5) feet on one side, Ten (30) feet on the opposite side. (h) REAR YARD REQUIRED: Twenty (20) feet from the ultimate right- of-wa;~. (i) Si DE 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 (30) feet. R-3 District __ Page 7 /_ 61.E _ I 61.024E R-3 DISTRICT The following regulations shall apply in R-3 Multiple-family Residence Districts: (a) GENERAL USES PERMITTED: (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 private 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 cha rf to ble institutions. (F) Mobilehome parks on parcels of ten (10) acres or more with a maximum density of eight (8) 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 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. (il) 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) LOADi NG SPACE REQUIREMENTS: loading space to be provided in accordance with Section 61.0219(b). (d) 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 (100) feet of a single-family (R-I) zone or a special boulevard as designated on the adopted Land Use Plan Map for the City of Rancho G icamonga. R-3 District !__ _ 64.024E Page 8 (e) 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 Lhan 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 (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 (60a) 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 planed 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 REQUIRED: Rear yards shall be at least twenty (20) feet in depth. (i) DISTANCE REQUIRED BETWEEN MAIN BUILDINGS: (1) Fifteen (IS) feet, except where; (2) Buildings front to front and where arranged around an open court shall be thirty (30) feet. R-3 District (_ 61 .,-_ Page 9 (j) SIDE STREET YARD REQUIRED: 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 District ~ til. .6 Page 10 61 0216 PD (PLANNED DEVELOPMENT) COMBINING DISTRICT (aj 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. (Z) Minimum disruption and maximum utilization of natural site resources. (0) 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 de~'el opment review held concurrently. (2) The maximum density of a Planned Development project shall be determined by the general plan for the particular property and sha 11 not exceed the densities as listed below: Zone District Maximum density/gross acre R-1-7200-8500 S 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 fallowing words and phrases shall have the meaning indicated: (1) "Homeowners gssocia ti on". 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. (li) Land which is accessible and available to all occupants of dwelling units for which use the space is intended. PD District 61.0216 Page 11 (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. (IV) Commercial, industrial, or office areas and the buildings, accessory buildings, parking and loading facilities thereof. (B) "Open space, common". Open space within a Planned Development owned, designed and set aside for use by all octu pa nts 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 awned 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 Devel opmen*.". 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 Oevelopment 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 pproperty; 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 District shall be permitted in the Planned Development. (2) Horses shall 6e permitted on lots twenty-thousand (20,000) square feet or greater subject to the regulations of the R-1 zoning district. 4lhere 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-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 Commis Sion. (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 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 ara listed in Section 61.0219(b) (h) OPEN SPACE: (1) The Planned Development project shall have a minimum of forty percent (40io) 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. (D) 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 Commission. 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, 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 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, 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 oe 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 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 far Development Review Application and Zone Changes. PD District 61.0216 Page 14 ~ - 4--- (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 concurently. (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 Commission denies the application, the matter shall die unless appealed to the City Council in accordance with Section 61.222. (A) The Planning Commission 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 uideline5 as approved by the Planning Conission. (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 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. Page~15 Requirem~_ _ 61.0219(b) 61.0219 PARKING REQUIREMENTS (b) PARKING REQUI REMEIITS: 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 erected or structurally altered, shall 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. (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 provided 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 pa rkinq 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 he 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 for ingress and egress by a standard American passenger vehicle. This standard is applicable to all uses, including single-family and two- family residential. (8) One way access drives leading to aisles within a pa rkinq 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. (D) The parking area shall be designed so that a car en terinq 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 remg^s ~_ 61.0 "c 19(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. (O) 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 c°mnercial 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 adjoining residential premises and public thoroughfares. (Amended by Ordinance 1413. 2/26/69) (I) Individual parking stalls shall he 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 (9p inches on either side of the stall sidelines: arrows painted on paving shall indicate direction of traffic flow. (J) Minimum Aisle Width for Two-way Traffic: For two- way traffic, aisle widths and 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. 46°/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, camper 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: (R) Every business, corimiercial> 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 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 dus tproofed surface of oil impregnated slag, crushed rock 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 shall 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. Parking RequiremG^`_5 _ 61 .0219(b) Page 17 ~ (E) R71 parking areas shall be paved with asphaltic concrete or concrete to the standards of the City. Additionally, 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, comnerci al 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 thboatcsaleseSmobilehome sales, (C) Automobile sales, retail nurseries and other open uses not in a building or structure: One (I) 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 ternthousand (10,000) square feet contained in such area, arkin (D) Bowling alleys and bilarkin hslaces foreeach billiard spaces far each bowling lane and two (2) p 9 P 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 (I) parking space for each employee or teacher and one (1) parking space for each five (5) children the facility is designed to accommodate. arkin (G) Children's homes: One and one-half (1~) p 9 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 (1B) 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. (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, (L) Medical offices, clinics, veterinary hospitals: Five (5) parking spaces for each doctor or dentist. Parking Requireme~`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. (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 (O) 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 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 (1) parking space far each staff member, faculty member and employee. (B) Schools, accredited general curriculum, grade Len 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 Pxclusively 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 space for each vehicle operated or kept in connection with the use, Parking Requireme Site Approval ~ 61.0219(b)(c )(d) He9ght Requiremen~. Area Requirements (h)(f )(g)' Pa a 19 ( ) (1) 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) MOB ILEHOME 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 Len (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 [S 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 REgUIREMENTS: (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 tare or parapet walls, 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) General: 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 shall be located at least fifteen (15) feet from side, side street and rear lot lines. (O) 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. (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 s hall 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 (10) feet from the nearest point of the main building wall excluding eave overhang and three (O) 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 into 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 nn more than three (3) feet from interior side property lines. Rrea Requirements _ ~ .. 61.0219(h) Page 21 (G) Openwork fences, hedges, walls or similar landscape architectural features, and guard railings 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 6e located on the side or rear lnt lines provided such fence, wa 11 or hedge does not extend 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. (J) Attached, unenclosed patio roofs may be located in the required rear yard, provided said patio roof shall be at least five (5) feet from the rear property line and, further, provided that the area of said patio roof in the rear yard shall 6e 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 (5) feet of the rear property line if located at least twenty (20) feet from the side street line. (L) f=ireplace 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 orovi sions 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 Deviations. 61.0219(1) Page 22 r- `- (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 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 requests 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 be combined with and made a part of an application fora building permit or other permit or approval required by the City. (6) The application shall be accompanied by a fee established by 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 limitations 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 by such fence, wall, hedge or screening in similar circumstances on flatter sites. (II) 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 abutting 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 parking facilities. Minor Oeviati ons. ~ 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 vse. (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 prf or 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 be given to the applicant by mail within 5 days of the decision. (5) Rc tion 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 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 fngress, 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 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 exercise the judgement required by this section. (6) Effective Date: (q) 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 Oirec for 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. (8) 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. 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. (B) An approved Minor deviation subject to lapse may be renewed by the City Planner an additonal period of six months, provided thai 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 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 with 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 Comniss ion 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 Cammission 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 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 With 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 Revi1- ~_ 61.0219(n) Page 25 1 (n) DEVELOPMENT REVIEW (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 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 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, the City Planner or the Planning Conmiss 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. (II) Address and legal description of the property. (I [[) 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 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 loatls and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiatSng the adequacy of proposed parking, loading, antl 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 fmprovement, 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 Lo 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. .9(n) Page 26 l (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 use. (VI) The City Planner may require additional information or plans, necessary to enable complete analysis and evaluation of the application. The application shall be accompanied by a fee established by Resolution of the City Cou ntil. (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 the public health, safety, and welfare, and to enable the City Planner to make the findings required by Section 61.0219(n)5. (B) If, in the opinion of the City Planner, the application for Development Review involves unusual site development requirements or unique operating characteris*_ics, or raises questions of development poiicy 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 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 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 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 Conmission to make the findings required by Section 61,0219(n)5. Development Rev i~r' ~ 61. .yl n) Page 27 1 (5) 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 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 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 Council: (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 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 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 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 he extended by the City Planner. If the application was approved by the Planning Conmission, 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 the findings prescribed in Section 61.0219(n)5. conditional use P -mi is 61.0219(n)(o) Page 28 C ~ ~- (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. (o) CONDITIONAL USE PERMITS (I) 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 far 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 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 regu l3 ti ons and to impose reasonable conditions upon the granting of Conditional Use Permi ts> 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) 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 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 prv perty. 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 ~-mits ~ _ 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 location and arrangement of uses on the site, and on abutting sites within lOD 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 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. (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 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 he 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. (III) 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 or occupants of sites within 600 feet of the subject property by regular nail at least 10 days prior to the date of the hearing. At a public hearing, the Commission shall review the application, and drawings su dni tted therewith and shall receive pertinent evidence concerning the application, particularly with respect to the findings prescribed in Section 61.0219(a)5. (B) The City Planner shall make an investigation of the application and shall prepare a report thereon which shall be available to Lhe Planning Commission and to the applicant prior to the public hearing, (L) 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 Conmission: (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 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 g-_-mi 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 Conmission 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. (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 I)That the proposed use will comply with each of the applicable prmvisions of this ordinance. (6) Effective Date: (A) The decision of the Planni no Commission shall be effective 14 days after the date of the decision unless an appeal has keen filed with the City Council. (7) Appeal to City Council: (A) 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 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 shall be specifically established as a condition of approval, a Conditional Use Permit shall lapse and sha 11 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 conmenced and diligently pursued toward completion on the site which was the subject of Lhe 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. (D) A Conditional Use Permit subject to lapse may be renewed by Lhe Planning Commission for an additional period of one year, provided that prior Lo 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 PP-mits 61.0219(0) Page 31 l -- (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 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 shall be permitted only upon the granting of a Conditional Use Permit as prescribed in this Chapter, provided that alterations not exceeding $2,500 in value as determined by the Building Official shall b~ 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 by or shall be reviewed and approved by the City Engineer and Building 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)8 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 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 conditions, a Conditional Use Permit shall be suspended upon notification 6y 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 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 Py_+ni is 61.0219(0) Page 32( ~-- shall become final 28 days following the date on which the Use Permit or location and development plan was revoked unless an appeal hzs been filed within the prescribed 14-day appeal period, in which case Section 61.0219(0)7 shall apply. (12) New Applicatiuns: (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: (A) Application for Development Review and fora 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 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 Conmission 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 enactment by the City Council of an ordinance changing the zone boundaries, provided that if the Council modifies a recommendation o`•' the Commission on a zoning reclassification, the Conditional Use Permit application shall be reconsidered by the Comni scion in the same manner as a new application, Variances ~ ._ 61... Page 33 (a) VARIANCES (1) Purposes and Authorization: (A) Variances from the terms of the Zoning Ordinance s ha 11 6e granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicintiy and under identical zoning classifica lion. 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 i5 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 lnadi ng 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) Application and Fee: (A) Application fora Variance shall be filed with the City Planner on a form prescribed by the City Planner and shall include the following data and maps: (!) 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, all fully dimensioned, as required to illustrate the following, to Lhe extent related to the Variance application: (a) Existing and proposed location and arrangement of uses nn 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 shill he sufficient to indicate the general height, bulk, scale, and architectural character. Variances 61.0220 Page 34 (c) Existing and proposed topography, grading, landscaofng, and screening, irrigation foci 7i ti es, 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. (6) 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 for Variances from more than one regulation applicable to the same site, or for similar Variances on 2 or mare adjacent sites with similar characteristics. (3j Public Hearing and Action: (A) The Planning Commission shall hold at least one public hearing on each application fora 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 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. (III) 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 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 on the application. The Commission may qra nt a Variance as the Variance was applied for or in modified form, or subj ecL to conditions, or the application may be denied. A 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: (R) The Planning Conmission shall, on the basis of the application and the evidence submitted, make findings of fact that establish that the circumstances prescribed below do apply, before granting a Variance: Variances 61.0220 Page 35 ~ ~ ~ -- (I) That strict or literal interpretation and enforcement of the specified regulation would result in practical difficul :; 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 Lhe 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. (B) 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 Lhe basis of the application and the evidence submitted. Lhe Commission makes findings of fact that establish that the following additional circumstances also apply: (ij That neither present 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 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 74 calendar days after the date of the decision unless an appeal has been filed with the City Council. (7) Appeal to 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. (B) The City Council shall hold a public hearing on a Variance as prescribed in Section 61.0222 if an appeal has been filed within Lhe prescribed 14-day period. The decision of the City Council shall be final. (8) 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 urtued toward completion on the site which was the subject of the Uaria nce 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 (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. (g) 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 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. P.dmendmen is f-- 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 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 Commis Sion or the Council. (2) Application and Fee: (A) Application far 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. (C) An application initiated by a property owner shall be accompanied by a fee established by Resolution of the City Council. (3) Public Nearing: (A) The Planning Commission shall hold at least one public hearing on each application fora 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. (III) Notice shall he given by publication at least 10 days prior to the date of the hearing. (IV) Rt 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 Lo 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 Page 38 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 he available to the Planning Conmiss ion and to the applicant prior to the Public Hearing. (C) Plotice 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 Conmiss ion. (4) Action by the Planning Commission: (A) Not more than 21 days following the closing of the public hearing, the Planning Comniss ion 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 reccmnend 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 Be Considered A NONE R-1-1 A R-1-20 A or R-1-1 R-1-10 A, R-1-20 or R-1-1 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 ar MR ht-~ 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 aoplica tion 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 L , __ 6Li Page 39 l (1) Action by the City Council: (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 following the closing of a public hearing, the Council shall make a specific finding as to whether the change is consistent with the o6j ectives 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 shall not modify a recommendation of the Planning Commission on a rezoning or change until it has requested and considered a report of the Conmissior. on the modification. Failure of the Commission to report within 30 days after receipt of the Council request shall be deemed concurrence. (S) 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 6ounda ries 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 o` Rancho Cucamonga, prezoni ng may be considered. Prezoning is subject to the same procedural requirements as press rihed 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) Opon 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 "prezoned" classification to become effective upon annexation, and shall identify each zone or zones applicable to such property with the label or nomenclature "PREZONEO" in addition to such other map designation as may be applicable. MEMORANDUM January 16, 1981 To: City Council From: Lauren Wasserman, City Manag. e~,,,y~/~ _ Subject: School Fee Increases ~jp1 On Friday, we received a call from the San Bernardino Sun asking our reaction to proposed increase in school fees being jointly requested by all school districts serving within Rancho Cucamonga. My response was that I was not aware of an increase. Apparently, the amount of the increase is relatively insignificant. The districts are seeking an increase to 51,000 per unit. However, if approved by the City the fee structure would be changed to group single family, condominium and townhouses all in the same category. This action was done without even taking the time to discuss it with the City. Of greater importance is the fact that statistically there is ample documentation to verify the fact that condominiums and apart- ments do riot genarate the same number of students as do single family residential properties. I am even more irritated at the manner in which the school d~i~tricts are handling the increase issue. They did not see fit to even bother letting the staff know what was, happening and how they were going to proceed. That is particularly irritating in view of the fact that we make an extra effort to meet on a regular basis with all of the super- intendents to discuss problems of mutual concern and to let them know what is happening in the City. The real problem I see is that the school districts have all the leverage at this point because they can refuse to write school letters for develop- ment. To further complicate the problem, what we don't need now is another emotional issue. We are just getting a handle on the General Plan process. The "natives" have been calmed down somewhat. Now it appears as though we will be stirring the pot once again as we deal with the request being submitted by the school districts. I intend to let each of the superintendents know how pleased we are that they did not bother to contact us, and also to share with them my enthus- iasm for the poor timing of the request. I have attempted to discuss the issue with each of the affected superinten- dents, however, at this writing I was unable contact any of the superinten- dents. They were all rn meetings. LW/mw SOLID WASTE MANAGEMENT Counfy of San Bernardino !26 East Third Street • San eemardim, CA 92415 " (714) 38&2890 -"''~ ~. PUBLIC WORKS AGENCY ~,~1°'~W B. CJ1. C. E~cting Director eoggo of swEgvlwgs J,me, L. MrvM1<Itl. Cnao man Fim amkt GI MC EIwun .. .L<aMOn(rircf " Rnm, HamMgr. IDntl Oierkr gohnO Townuna Founq Oi,nmf BoO Hammock .. .. F;IM Ormk1 January 30, 1981 POMINISTggTIVE OF FICEq Earl GoWwm File: F-5 AGENCY ggA1NI5TqqTOq JoM1n M eernve City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, Califoro a 91730 Attention: Lauren M. Wasserman City Manager Re: Solid Waste Management Master Plan Gentlemen: We referred your letter dated January 22, 1981 pertaining to the subject Master Plan Update to the County Department of Environmental Health Services, which is responsihle for the Hazardous Waste Section of Lhe Plan, for proper handling. The Department of Environmental Health Services will contact you directly regarding representation at your February 4, 1961 City Council meeting. This arrangement was confirmed with your office on January 30, 1981 by the undersigned. If you have any questions, please contact Gene Zdunowski, Chief, Environmental Health Protection Services at 383-3583. Very truly yours, B. C. ESCOBAR, Acting Director Solid Waste Management 8y ~ ~~ C. L. LAIRD, Chief Solid Waste Management - Planning CLL: RBT:rn SOLID WASTE MANAGEMENT r County of San Bernardino l25 East Thira Strrot•San eernaMino, CA 92415. 1714138&2fi00 ,,,,;~.'_ PUBLIC WORKS AGENCY ~`I IOgRO Gi SU~ERVIWNR / B. C. ESCOBRR, Acting Director ~~w.+rr in,awrm,~ ....r:,rA, ., ~~ Cw EkElwin ... ... &[dM Onnct Dmm, HwMOn9,r ............ ]MrJOiIIn[r poem O. ToxrlvoJ ......... Fouts Ouerir Roe Nxnmzv ............ ... FiIM P1ner December 11, 196D gVE•EINIRTRgTIVE OFFICER E,rl GOaO.,.n gGENGY gRMINI$TRRTOR File: F-5 ,a,~rn. R.r~,m City of Rancho Cucamonga P. 0. Box 807 Rancho Cucamonga, California 91730 Attention: City Ftanager Re: Solid Waste Management Master Plan Update Gentlemen: Transmitted is the final draft of the County of San Bernardino Solid Waste Management Master Plan. The revision of the original Master Plan that was approved in 1975 was performed through input received from all cities, other governmental agencies and interested parties throughout the County during the past three months. A copy of the original draft was sent to your Oity on September 3, 1980 for your review and subsequent input at the public meeting of the Solid Waste Advisory Council on October 3, 1980. The final draft is now ready for your approval so that it can be submitted to the Board of Supervisors for their approval prior to forwarding to the State Solid Waste Management Board for final approval pursuant to State Government Code 66780 et seq. Attached is a draft of a resolution that can 6e used 6y your Council in approving the Master Plan. If the Resolution is not found appropriate, it is imperative that the Council approve the Plan in concurring with the four objectives as cited in the Resolution. In order for this office to meet the deadlines set, ft fs requested that your Resolution be returned to this office by January 16, 1981. /` !" '"~ Solid Waste Management Master Plan Update December 11, 1980 Pa ye Two If additional information is needed, or if our appearance would be of help at your Council meeting, please advise. ~er~~' ly~tours~ B. C. ESCOBAR, Acting Director ~~ Solid Waste Management BCE:rn Enclosure (~ COUNTY OF SAN BERNARDINO Solid Waste Management Master Plan EXECUTIVE SUMMARY `. INTRODUCTION: The disposal. of wastes, as it affects the environment and public health is now a critical nationwide issue. The Master Plan Update attempts to establish a general direction For the concerted efforts of all cities, the county and private industry to provide an efficient, cost effective waste management system for the entire County. BACKGROUND; The original Master Plan Was approved by the 'majority of cities in the County and adopted on October 6, 1975 by the County of Sen Bernardino in response t0 the NejedZy-Z'berg-Dills Solid Waste and Resource Recovery ' Act. The Mastet Plan Update is mandated by State Government Code 66780 et. seq. The Plan included Waste generation, collection and disposal, emphasizing resource/energy recovery and conservation. It is essentially a compre- hensive guide for all solid waste management activities in the County. OBJECTNES REVISION: The objectives of the Master Plan are considerably revised Wi Gh the creation of seven programs, namely: Waste Storage, Collection and ' Transportation Program; Waste Disposal Improvement Program; Resource/ Energy Recovery and Conservation Program; Hazardous Waste Management Program; Education and Information Program; Litter and Indiscriminate Dumping Program; and Waste Management Administrative and Enforcement Program. SANITARY LANDFILL INVENTORY REVISION: The inventory of County Beni Lary landfills have been revised. The Yucaipa, Cajon, Fontana and Colton disposal sites are anticipated to close by 1980, 19tlD, 1982 and 1984 respectively. The San Timoteo landfill will be the only desiy..a Led East Valley waste disposal site by IS85. Although most desert ldndf.ills have good life expectancy, due to fiscal ~ constraints and RCRA regula trans the County must consider consolidating ~ Iandfills and es tabli;hinq mini-transfer stations. Heaps PeaA landfill ~ will be replaced by a transfer station with final disposal at San Timoteo in 1981. RESOURCE/ENERGY RECOVERY REVISION: Ttt ~. Phase II Cotton Study (refuse derived fuel) and the Xaiser Engineers C , Study (waste-to-energy) are discussed. A grant Fsom the Department of Energy to continue these studies for was to-to-energy facility cons tructfon implements tion was accepted by the County amour zing to $630,000. 11 ~ . ;, ECONOMIC FEASIBILITY AEVTSION: The economic feasibility aspect Bas not substantially changed. However, L• , a five year cost pmjeetion for Plan implementation shows rnnsiderable increase aue to inflation and additional activities needed to conform to more restrictive regulations. Projected revenues rely progressively on income From permit Fees, land use and landfill gate fees. Additional funding will be regui rod to meet increased Environmental Protection Agency environmental restrictions. ' ENFORCEMENT REVISION: Standardization of the storage, Handling and transport of waste is identified in the Plan as a joint effort by both County and Ctty governments, thmugh enactment of a uniform ordinance for all areas of the County. The State Solid Waste Management Board designated the County Environmental Neal th Services Department as its official agent to enforce state regulations pertaining to transport, storage and disposal of all wastes in the County. A uniform procedure for enforcement is planned to be formulated by the County with concurrence from the cities and private haulers. PLAN AONINISTRATION REVISION: The plan administration aspect was not materially changed, except for the proposed formation of a County Task Force to handle hazardous waste spill ~ ( response, This Task Force will coordinate with various county, city, state and federal agencies to provide emergency response and danger mitigation measures in case of hazardous waste spill wt thin the County. CITY AP?ROYAL: In accordance with Government Code, Sections 66780 and 66783, the msjori ty of cities containing the majority of population in the incrorporated area of the County musc approve the Master Plan to render it a valid document. These cities, by resolution of their respective Ct ty Council, muse also concur on the Following: _~ a. The objectives set forth to the plan] D. The methods and organization for implementation of the programs rnntained -~ Sn the plan; c. The procedures for financing the recortsnended solid waste management program; d. The role identified in [he plan for the City in implementing this coopers Live effort for management of solid waste in an economical and environmen[aZ1y acceptable manner. ~` ljl __ { ' !. RESOLUTION N0. 81-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CNCAMONGA APPROVING THE REVISED SAN BERNARDINO COUNTY SOLID WASTE MANAGEMENT MASTER PLAN. ~'~ WHEREAS, the Seate of California has adopted the Solid Waste Management and Resource Recovery Act of 1972 (Sections 66700-66793, Government Code); and WHEREAS, said Act requires each County to prepare a Solid Waste Management Master Plan; and WHEREAS, Section 66780.5 of said Govermnen[ Code requires that the Mas ter Plan be revised at least every three years from the date of initial approval; and WHEREAS, the original Solid Waste Management Master was approved by a majority of the cities containing a majority of the population of the incorporated areas in 1975; and WHEREAS, the San Bernardino County Board of Supervisors has authorized revision of the said plan; and WHEREAS, Section 66780 of said Government Code requires the revised Solid Waste Management Master Plan far San Bernardino County be approved by a majority of the cities containing a majority of the population of the incorporated area; and WHEREAS, said Master Plan has been reviewed by the City Council of [he City of Rancho Cucamonga. NOW, THEREFORE, BE IT RESOLVED, that the City Council of [he City of Rancho Cucamonga does hereby approve sa Sd Master Plan and concurs in [he objectives set forth Sn [he Master Plan; the methods and organization for implementation of the programs; procedures for financing recommended programs; and [he role identified in the plan for Che City of Rancho Cucamonga. PASSED, APPROVED and ADOPTED the day of , 1981. AYES: NOES: ASSENT: Phillip D. Schlosser, Mayor ATTEST: l• Lauren M. Wasserman, City Clerk i RESOLUTION N0. ~ ~ S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING REFUSE COLLECTION RATES WHICH MAY BE CHARGED FOR REFUSE COLLECTION FRDM RESIDENTIAL UNITS. The City Council of the City of Rancho Cucamonga, California, does resolve as follows: SECTION l: No refuse collector shall charge his residential customers within the City in excess of the fol looting for refuse collection services. (a) 55.5D per month per residential unit; (b) $4.50 per month per residential unit if the head of household thereof is age 62 or over. SECTION 2: The charges established by Section 1 are based upon refuse being coil ected from the premises of such residential customers at least once each calendar week. PASSED, APPROVED and ADOPTED this day of 1981. AYES: NOES: ABSENT: ATTEST: Rancho Cucamonga CITY CLERK c~. ~~ ~L~ ,~'~ ~/`/ I ossr~m~ ~aP/ ~' - -- --- S ~= ~~ ~~(/--eCS / F 3 ~, OL2 ~~ f,ew ~ . ~~/ pt fiif_o Y a sw/i f ;o? ~ G41P a„ ~'F' ///// ll 4 Y'/~ '~ ~~ ~'~L-F /G~~C ~/IM Is' / ~ } / 6 /Li', ~, ~/ ~ G-C~ ~~C/4 .._ / / i ~ ~~~ ~F'r w~;~ /S SXJ Of/ ~/e r, ~lss~~ rr , ~ ~ ~ 5 ~ ~~ ~G l~~-~ /' C//l/ / /^' ~~.~~~~ ~s Y "G d'/9i~ G %~ ~ #~= la~~`ft9/Ps ~.~~y ~~ti , ~ w//~• ~ f,'ck ~~ C i T/ /Ly~ ~4r ~/"~/~f ///// ' ' j /~~r.~ ~....%JJ q ~~~^-~ 4~ .J~ ~~«j ~~~~ ye ~~ ~ ~ her-Oo4d,` ~ ~ ~-e ~re W i ~~ ~ q ~GSS~~ ~~s~ ~~y ~/~~ ~i"' CFi.ciq ~ ~/~f OROINAN CE N0. ~~ AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE N0. 117 ANO REAFFIRMING THAT REFUSE COLLECTION WITHIN THE CITY IS CONTROLLED BY THE PROVISIONS OF CHAPTER 2, DIVISION 3 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE AS HERETOFORE ADOPTED 8Y ORDINANCE N0. 17 OF THE CITY AND DECLARING THE URGENCY TFIEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City council finds and determines that: (a) At the time Ordinance No. 117 was adopted it was contem- plated that the City of Rancho Cucamonga would enter into exclusive franchise agreements providing for the weekly collection of refuse from all residential units within the City. This has not occurred. (b) It now appears unlikely that acceptable franchise agreements will be entered into with any refuse collector in the fore- seeable future. (c) The enactment of Ordinance No. 117 did not by its terms repeal Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021) of the San Bernardino County Code entitled "Refuse Collection" heretofore adopted by reference by Ordinance No. 17. (r ~ 1-fi' That certain refuse collectors are attempting to collect refuse collection charges at rates higher than those authorized by law. SECTION 7_: Ordinance No. 117 entitled "An Ordinance of the City of Rancho Cuc anionga, California, Providing for the Control, Collection and Disposal of Refuse" is hereby repealed. SECTION 3: Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021 of the San Bernardino County Code entitled "Refuse Collection" as heretofore adopted and modified by Ordinance No. 17, shall rymaiy in full force and effect. -~ SA..Fw. SECTION For the reasons set forth in Section 1 hereof, this Ordinance is for the immediate preservation of the public peace, health or safety, and it shall take effect immediately upon its adoption. t // .' J Sie/,i.i L T/~ 'till N, I~1',p //h /,.} '/ ~f Ul<../: <%/~~/ oO~1 ~ /1~~/~~rQ I, ~S~ 1~~~}/ I~~/~NA x(I L.TTT ~N / /l G ~ / (d) The coexistence of Ordinance No. 117 and said Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code are, in the absence of the previously contemplated exclusive franchise agreements, causing great public confusion and concern. Ordinance No. Page 2 SECTION 5: 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 `~ sa day of I!r ~~•~- 1981. AYES: ~~. 2c' v., 1d. A<. ~.. ~ J~ Lo-_.,~~r C~. ~.l<`-<.< ~. NOES; A.c°-n-:. ABSENT: 1~`,~.5 •.~. Mayor Rancho Cucamonga ATTEST: City Clerk f ~~ ORDINANCE N0. AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE N0. 177 AND REAFFIRMING THAT REFUSE COLLECTION WITHIN THE CITY IS CONTROLLED BY THE PROVISIONS OF CHAPTER 2, DIVISION 3 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE AS HERETOFORE ADOPTED BY ORDINANCE N0. 17 OF THE CITY AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: The City council finds and determines that: (a) At the time Ordinance No. 117 was adopted it was contem- plated that the City of Rancho Cucamonga would enter into exclusive franchise agreements providing far the weekly collection of refuse from all residential units within the City. This has not occurred. (b) It now appears unlikely that acceptable franchise agreements will 6e entered into with any refuse collector in the fore- seeable future. (c) The enactment of Ordinance No. 117 did not by its terms repeal Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021) of the San 6e rnardino County Code entitled "Refuse Collection" heretofore adopted by reference by Ordinance No. 17. (d) The coexistence of Ordinance No. 117 and said Chapter 2 of Division 3 of Title 3 of the San Bernardino County Code are, in the absence of the previously contemplated exclusive franchise agreements, causing great public confusion and concern. (e) at cert 'n refuse col ctors in the ity, acti ostensibly u er the a thority of Or 'Hance No. 1 ,are atte ting to col ct refu collection c rges from o upants of idential units ven tho h such occupa shave not quested tha refuse collet 'on servi s be provide o them by s refuse collecto s. (~j That certain refuse collectors are attempting to collect refuse collection charges at rates higher than those authorized by law. SECTION ?: Ordinance No. 117 entitled "An Ordinance of the City of Rancho Cucamonga, California, Providiny for the Control, Collection and Disposal of Refuse" is hereby repealed. SECTION 3: Chapter 2 of Division 3 of Title 3 (commencing with Section 33.021 of the San Bernardino County Cade entitled "Refuse Collection" as heretofore adopted and modified by Ordinance No. 17, shall remain in full force and effect. SECTION 4: For the reasons set forth in Section 1 hereof, this Ordinance is fofor the immediate preservation of the public peace, health or safety, and it shall take effect immediately upon its adoption. Ordinance No. Page 2 SECTION 5: 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 Oaily 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 1981. AYES: NOES: ABSENT: Mayor Rancho Cucamonga ATTEST: City Clerk Ordinance No. 122 Page 16 Section 7011 (b). SETBACKS FROM PROPERTY LINES. The tops of cuts and Coes of fill slopes shall be se[ back from the outer boundaries of the permit area, including slope right areas and easements, in accordance with Figure No. 1 and Table No. 70-C. iM UI I sOp~_y_~ , l'A BLE NQ 70-C cm wFill r,. vov. ~ swR - afiTYACRa N a 0 1P-la' H/] H/S Orr ]a' 15 6 L ~a.~n ~. v~nnn tine. v.,m~urr,wwe.n FIGURE N0.1 Section 7011 (c). DESIGN STANDARDS FOR SETBACKS. Setbacks between graded slopes (cut and fill) and structures shall be provided in accordance with Figure No. 2. F«~N F<Nln~ LN <I 4N< ~H e<u1 SMU<Iw< 1 Nw rul {'w. M ~- xir wl r.w....<.N ..F u. < F18URE N0. 2 Z. Section 7013 of the Appendix of said Uniform Building Code is amended co read as follows: Section 7013 (a). EROSION CONTROLS. The faces of cue and fill slopes shall be prepared and maintained [o control against erosion. The pro tectfon for the slopes shall be installed as soon as practicable and prior [o calling for final approval. Where cut slopes are not sub,{ec[ to erosion due [o the erosion-resistant character of the materials, such protection may be omitted. Section 7013 (h). OTNER DEVICES. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. The owner or any other person who interferes with or obs eructs Che ingress to or egress from any such premises, of any authorized represen to [ive of [he surety or of the City of Rancho Cucamonga engaged in the correction or completion of the work for which a grading permit has been Ls sued, after a default has occurrad in the per Eormance of the Ccrms or condiciona thereof, is guil [y of a misdemeanor. X. Section 7010 of the Appendix of said Uniform Building Code is amended to read as follows: Section 7010 (a). GENERAL. llnless otherwise recolmnended in the approved soil engineering report, fills shall conform to Che provisions of this Section and to Figure A, Typical Lot Cross Section for F1l.ls. .ORIGINAL GpAOE L- a I ~"-1J~ °T' ~o+....cwnl. mi.. ~~ one ncomo.<t ]tl Nav. o~AtTEV t wH.r" eoln <m ena nn .<wa .m«+i+• SLOPE i0 G ocwr in EuilYiny oaf <r"a. MAINTAIN SHEET OVERFLOW II . ~ ~ C~Iy'~10'y REMOHES flEOUIflEO IF NATURAL L II SLOPE ENCEEOS ONE 111 VEpiICPL TOP OF CUT SLOPE TO FIVE Iyl HORIZONTAL. F IO URE "A" TYPICAL LOT CROSS-SECTION FOR FILLS In the absence of an approved soli engineering report these provisions may be waived for minor fills no[ 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 toes out within 12 feet horizontally of the [op of a lower exis [ing or planned cut slopes except in the case of slopes of minor height when approved by the Building Official. Section 7010 (c). PREPARATION OF GROUND. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, top-soil and other unsuitable materials scar iEying to provide a bond with the new fill, and, where slopes are steeper than five to one, and the height greater than 5 feet, by benching in CO sound bedrock or other competent material as determined by the soils engineer. The bench under [he toe of a fill on a slope steeper than five to one shall he a[ least 10 feet wide. The area beyond the toe of fill shall Ae sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under ttte toe of fill shall be at leas[ 10 feet wide but [he cue must be made before placing fill and approved by [he soils engineer and engineering geologist as a suitable foundation far fi 11. Section 7010 (d). FILL MATERIAL. Detrimental amount of organic ma tertal shall not be permitted in fills. Except as permitted by [he Building Official, no rock or similar irreducible material with a maximum dimension greater than 12 inches be buried or placed in fills. January 21, 1981 CITY OF RANCHO CUCAMONCA CITY COUNCIL MINUTES Regular Meeting 1. CALL TO ORDER. The regular meeting of the City Council was held in Che Lion's Park Community Center, 9161 Base Line Road, Rancho Cucamonga, on Wednesday, January 21, 1981. The meeting was called co order at 7:10 p. m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D, Mike ls, Michael A. Palombo, and Mayor Phillip D. Schlosser. Also present: City Manager, Lauren M. Wasserman; Deputy City Attorney, Robert Dougherty; Cortmuni[y Development Director, Jack Lam; City Planner, Barry Hogan; City Engineer, Lloyd Hubbs; Community Services Director, Bill Holley. Absent: Councilman Arthur H. Bridge; Finance Director, Harry Empey; and Assistant Ciey ttanager, Jim Robinson. All were attending the League of California Cities' Employer-Employee Relations Conference in San Francisco. Approval of Minutes: The December 11, 1980 minutes of the Assessment District Study Session had been presented for approval. Motion: Moved by Mikels, seconded by Frost to approve the December 11 minutes. Motion carried 4-0-1 (Bridge absent). 2. ANNOUNCEMENTS. a. Thursday, January 22, 7:00 p.m. - General Plan Public hearing to discuss the: Environmental Resources, Design Energy, Public Health -- [o be held in the Lion's Park Community Center. b. Jack Lam received a letter from Mike McCoy, Sullivan Publications, Inc., thanking the City for their helpfulness and cooperation so that their project was able to move ahead of [heir schedule. The letter named Barbara Kroll, Sue Burton, and Terry Nemer in particular. Council also thanked Jack and Lloyd and [heir employees Eor doing a good job. c. Councilman Frost said [hat the California Transportation Coamiission would be holding meetings next week, and he would be present representing [he City at these hearings. 3. CONSENT CALENDAR. Councilman Frost requested that item "b" be removed for discussion. a. Approval of Warrants - Register No. 81-1-21 in the amount of $623,184.01. b---Be}ee}en-ef-eereatn-reaerteltort-eeneernee}en-tn-3•ree!-He>-9589r-}'be-erect which-te_tn-Red-Nt}}-Beenlry-E}ab-erect;-eenletna-n-neee-thee-prebtbtea-een- item was removed for discussion. See comm~en[s at the end of the Consent Calendar Section. City Council Minutes January 21, 1981 Page 2 c. Approval for City Manager and inceresced Councilmembers [o attend the National League of Cities 1981 Congressional-City Conference, Pebruary 28 co March 3, 1981 in Washington, D. C. d. Resolution Authorizing Deposic of Public Funds. RESOLUTION N0. 81-7 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING THE CITY TREASURER OF THE CITY OF RANCHO CUCAMONGA TO DEPOSIT CITY FUNDS IN THE MONTEREY PARK NATIONAL BANK. e. Authorization Co Solicit an Award for Construction of a Wall at the Rancho Cucamonga Neighborhood Center to provide additional storage apace. RECOMMENDATION: To authorize the Conmunity Services Department to solicit an award for construction of a wall a[ the Rancho Cucamonga Neighborhood Center to provide a much needed additional storage area. f. Authorization to Pain[the Rancho Cucamonga Neighborhood Center. RECOMMENDATION: To authorize awarding of contract to low bid firm, Garness Paint Company, for painting of the Rancho Cucamonga Neighborhood Center interior. Amount of contract not to exceed $2,165 (if proposed wall is not constructed). g. Acceptance of Improvement Security and Agreement for single family residence. RECOP4IENDATION: Recommend that Council accept the improvement security Eor single family residence located at [he northeast comer of Red AS11 Ccuncy Club Drive and Valle Vista. RESOLUTION NO. 81-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR SINGLE FAMILY RESIDENCE LOCATED AT THE NORTH- EAST CORNER OP RED HILL COUNTRY CLUH DRIVE AND VALLE VISTA. h. Acceptance of Bonds and Agreement for Director Review 80-06. RECOMMENDATION: Recommend the Ci[y Council accept bonds and agreements for Director Review 80-06, located on [he north aide of 6th Street, west of Turner. Owner: Arnold D. Anderson. RESOLUTION NO. 81-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IIHpROVEI~NT SECURITY FOR DIRECTOR REVIEW N0. 80-06. i. Acceptance of Real Proper ey Improvement Contract and Lien Agreement for 6770 Hellman. RF.CO?L`tENDATION: Recommend [hat Ci[y Council accept real property improvement contracc and lien agreement for 6710 Hellman and release passbook account in the amount of $2,750.00. Developer: Glen E. Franklin. City Council Minutes January 21, 1981 Page 1 RESOLUTION N0. 81-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM CLEN E. FRANKLIN AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME. j. Req ue sC for time extension for Parcel Hap waiver. Request for extension of off-site agreement by James Van Antwerp for Waivers of Parcel Map located on the west side of Hellman Avenue, north of Banyan Street. k. Acceptance of Map, Bonds and Agreements for Parcel Map 6194. RECOMMENDATION: Recommend [hat Council accept map, off-site improvements and maintenance agreement and security for retarding basin on Parcel Map 6194, located east of Haven and on the south side of 8th Street. RESOLUTION N0. 61-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6194, IMPROVEMENT AGREEMENT, IMPROVIIIENT SECURITY, AND MAINTENANCE AGREEMENT. 1. Acceptance of Parcel Map 6658. RECO?LMENDATION: Recononend that City Council accept Parcel Map 6658 owned by Universal Real Properties, Inc., located at the northwest corner of San Bernardino Avenue and Etiwanda Avenue. RESOLUTION N0. 81-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Re4MCH0 CUCAMONGA, CALIFORNIA, APPROVING PARCEL MAP NUMBER 6658. m. Release of Bonds: Tract 9458: located on the southeast corner of Ivy Lane and Hase Line. Owner: Lebre t[ Homes, Inc. Performance Bond (landscaping) $28,000 n. Alcoholic Beverage License application for Herman S. Havagimyam, Nor-Arco, 9537 Foothill Blvd. o. Refer Claim by Loretta Gronek [o City Attorney for handling. Motion: Moved by Mikels, seconded by Palombo [o approve [he Consent Calendar, minus item "b". Motion carried 4-0-1 (Bridge absent). Discussion of Item "b": Councilman Frost req uas ted Ghat an Resolution No. 81-5 the second paragraph [he lag part of the sentence be deleted which reads, "thereby eliminating the Elood hazard on those said lots to the greatest extent." Motion: Moved by Palombo, seconded by Frost to approve item "b", and Resolution No. 81-5. Notion carried 4-0-1 (Bridge absent). C1[y Council Minutes January 21, 1981 Page 4 4. STORE( PREPAREDNESS UPDATE. Lloyd Nu66s presented a slide program showing storm damaged streets after the storms of lase year and pictures of "today" after repairs. Monte Prescher, Pu611c Works Inspector and one of the key personnel who worked on the Storm Procedures, presented a report on how the City would handle storm repairs and maintenance. Hill Holley, Director of Community Services, presen [ed a report on Public Awareness, Use of Cortonand Posts, and Disaster Assistance. He shoved a brochure which his department had developed whi<h would be distributed to school children aged K through 3rd grade which emphasized ways in which children could be safe. Council thanked each one for the repot[. 5. PUBLIC HEARINGS. SA. SOLID WASTE DISPOSAL FRANCHISE. A continued item. Deputy City Attorney, Robert Dougherty, presented a brand new ordinance No. 135 to [he Council which was an urgency measure. He recommended it be introduced and be given full reading by the City Clerk. City Clerk Wasserman read Ordinance No. 135 in full. ORDINANCE N0. 135 (uzgency) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REPEALING ORDINANCE NO. 117 AND REAFFIRMING THAT REFUSE COLLECTION NITHIN THE CITY IS CONTROLLED BY THE PROVISIONS OF CHAPTER 2, DIVISION 3 OF TITLE 3 OF THE SAN BERNARDINO COUNTY CODE AS HERETOFORE ADOPTED BY ORDINANCE N0. 17 OF THE CITY AND DECLARING THE URGENCY THEREOF. Mr. Dougherty said [hai Ordinance No. 117 was adopted in the hopes that an exclusive franchise agreements would be entered into; this was na[ Che case. He said that if this new ordinance was entered into then: 1. There is now no franchise agreement in effect. Ordinance 117 imposed a mandatory collection charge on residential units Yor residential refuse collection service. 2. There would be no mandatory charges in effect because these were only provided for in Ordinance No. 117. 3. The control of refuse collection would 6e by virture of the provisions of the San Bernardino County Code as modified by Ordinance No. 1; and further modified by Ordinance No. 135 in [etn4s of who will perform the functions of of the Department of Environmental Health Services. 4. Residents of the City would be free to contract with any refuse collection service vhEch holds a permit to collect refuse from residential units within [he City. Right now there are no permits issued for the Ci[y. Mr. Dougherty presented a resolution which would "grandfather" all companies providing residential refuse collection services by allowing [hem three months [o apply for permits. 5. Another Resolution would se[ a maximum fee which a company could charge for residential collection. Rates would be $5.50 per month and $4.50 per month for any resident in which the head of [he household was 62 years ar older. Mr. Dougherty explained that removal of refuse under the County Code placed the responsl6ili[y upon the resident on a weekly hasis, This can be accomplished by [he res idenc hauling [he refuse to an authorized disposal site or by contract between the resident and any authorized residentil refuse collection company in the city. City Council Minutes January 21, 1981 Page 5 Mr. Dougherty presented a Resolution which would establish the maximum rate that could be charged. City Clerk Wasserman read Resolution No. 81-LS in full. RESOLUTION N0. 81-15 A RESOI,UTfON OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ESTABLISHING RE- FI1SE COLLECTION RATES WHICN MAY AE CHARGED FOR REFUSE COLLECTION FROM RESIDENTIAL UNITS. Mayor Schlosser opened [he meeting for public input. There being none, the public portion of the meeting was closed. Motion: Moved by Palombo, seconded by Mikels [o adopt Resolution No. 81-15. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlossez. NOES: None. ABSENT: Bridge. Mr. Dougherty then presented a Resolution which established a three month deadline (April 21, 1981) for filing applications for refuse collectors permits. City Clerk Wasserman read Resolution No. 81-16 in full. RESOLUTION N0. 81-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Re4NCH0 CUCAMONGA, CALIFORNIA, ESTABLISHING A DEADLINE FOR FILING APPLICATIONS FOR REFUSE COLLECTORS PERMITS. Mayor ~SChlosser opened the meeting for public input. There being no response, ehe public portion of [he meeting was closed. Motion: Moved by Mikels, seconded by Palombo to approve Resolution No. B1-16. The motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge. 56. ENVIRONMENTAL ASSESSMENT AND PLANNED DEVELOPMENT N0. 80-02 - LESNEY. A change of zone from R-1-5 (single family resldencial) to P.D. (planned development) for 10 acres located on the northwest corner of Nermosa Avenue and Base Line Avenue - APN 202-182-13. City Clerk Wasserman read the title of Ordinance No. 130. ORDINANCE N0. 130 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF R4NCH0 CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBEZ 202-182-13 FROM R-1-5 TO P.D. LOCATED ON THE NORTNIJEST CORNER OF HERtfOSA AND BASE LINE. Motion: Moved by Mikels, seconded by Palombo to waive further reading of Ordinance No. 130. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Motion: Moved by Mikels, seconded by Palombo to approve and adopt Ord inanre No. 130. Motion carried by the fallowing vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. A85 ENT: 8rld ge. City Council Minutes January 21, 1981 Page 6 SC. BUILDING REGULATIONS ORDINANCE. City Clerk Wasserman read [he C1 tle of Ordinance No. 122. ORDINANCE N0. 122 (second reading) 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 ABATEMENT OP DANGEROUS BUILDINCE. UNIPOIQt SIGN CODE, UNIFORM BUILDING SECURITY CODE, AND UNIFORM BUILDING CODE STANDARDS AND INKING CERTAIN CHANGES THEREIN NECESSARY TO MEET LOCAL CONDITIONS. Motion: Moved by Palombo, seconded by Mikels to waive further reading of Ordinance No. 122. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mo [ion: Moved by Mikels, seconded by Palombo to approve and adopt Ordinance No. 122. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge. Councilman Frost suggested that we take this a step further now and for staff to meet with Chief Lee then come back to Council with additional suggestions as to whether wz wanted created shake in high hazard areas and what suggestions when the treatment looses its effectiveness after ten years and the woad shingle is still good. He said that perhaps in about a month or so they could come back with some type of recommendation. SD. PROPOSED REVISED INTERN ZONING ORDINANCE. Clty Clerk Wasserman read [he title of Ordinance No. 123. ORDINANCE N0. 123 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, AMENDING THE RESIDENTIAL, PARKING, PLANNED DEVELOPMENT, AND ADMINISTRATION SECTIONS OP THE INTERIM 20NING ORDINANCE. Motion: Moved by Palombo, seconded by Frost co waive further reading of Ordinance No. 123. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser opened [he meeting for public hearing. There being no response, Che public hearing was closed. Mo[Lon: Moved by Frost, seconded by Mikels to approve and adopt Ordinance No. 127. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: `lone. ABSENT: Bridge. City Council Minutes January 21, 1981 Page 7 SE. PROPOSED REVISED SUBDIVISION ORDINANCE. City Clerk Wasserman read the title of Ordinance Ho. 28-B. ORDINANCE N0. 28-B (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING AMENDMENT "B" OF ORDINANCE NO. 28 TO BRING THE EKISTINC CITY ORDINANCE INTO COMPLIANCE WITH THE LATEST ADOPTED STATE MAP ACT. Motion: Moved by Palombo, seconded by Frost to waive Further reading of Ordinance No. 28-8. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser opened the meeting for public hearing. There being no response, [he public hearing was closed. Motion: Moved by Mikels, seconded 6y Palombo [o adopt Ordinance No. 28-B. The motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser, NOES: None. ABSENT: Bridge. SF. ZONE CH/tiNGE N0. 80-13 - NUBANK. A Zone Change from A-P (administrative-professional) [o R-3 (multi-family residential) for 6.4 acres generally located south of Base Line of the west side of Hellman - APN 208-011-02, 03, and 04. Staff report presented by Barry Hogan. City Clerk Wasserman read [he title of Ordinance No. 133. ORDINANCE N0. 133 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 208-011-02, 03, AND 04 FROM A-P TO R-3 LOCATED SOUTH OF BASE LINE ON THE WEST SIDE OF HELLMAN. Motion: Moved by Mikels, seconded by Palombo to waive further reading. Motion carried 4-0-7 (Bridge absent). Mayor Schlosser opened the meeting Eor public hearing. There being no response, [he public hearing was closed. Mayor Schlosser set February 4 for second reading of Ordinance No. 133. SC. 20NE CHANGE N0. 80-16 - LANDMARK. A Zone Change from A-1 (limited agricultural) to R-1 (single family residential) for 1.65 acres '~cated on the west side of Turner Avenue a[ Ironwood Street (related item: iT 11577) - APN 1077-041-58. Barry Hogan presented the staff report. City Clerk Wasserman read the title of Ordinance No. 134. City Council Minutes danuary 21, 1981 Page 8 ORDINANCE N0. 134 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1077-041-58 FROM A-1 TO R-1 LOCATED ON THE WEST SIDE OF TURNER AVENUE AT IRONW000 STREET. Motion: Moved by Mikels, seconded by Palombo [o waive further reading of Ordinance No. 134. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser aped the meeting for public hearing. There being no response, the public hear _.., was closed. Mayor Schlosser set February 4, 1981 for second reading of Ord lnance No. 134. report was CS[y Clerk Wasserman read the title of Ordinance No. 105-e. ORDINANCE N0. 105-H (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING ORDINANCE N0. 105. Motion: Moved by Mikels, seconded by Palombo to waive further reading of Ordinanc No. 105-B. Motion carried 4-0-1 (Bridge absent). Mayor Schlosser opened the meeting for public hearing. There being no re=?onse, public hearing was closed. Mayor Schlosser set February 4, 1981 for second reading of Ordinance No, 105-8. Council concurred that Resolution No. 81-13 should be considered at the second reading of Ordinance No. 105-B. Mayor Schlosser called a recess at 8:30 p. m. The meeting reconvened at B:50 p.m. with all members of the Council and staff present except Councilman Bridge and staff members Mr. Empey and Mr. Robinson who were out of town. 6. CITY MANAGER'S STAFF REPORTS. 6A, GENERAL PLAN HEARING DATES. Mr. Lam presented a list of dates Eor General Plan public hearings that a facility would be available for Che hearing. After some consideration, Council concurred that the EolLowing dates should be eseab lished as Care Dates: March 9, 16, 70 and April 6. City Council Minutes January 21, 1991 Page 9 6B. APPROVAL OF RESOLUTIONS TO SET THE HEARING DATE FOR AS SESSENENT DISTRICT 79-1. Mr. Huhbs presented the item. Ne stated that some protests had been received co the est ab Lishment of the Assessment District. Mr. Gene Nazarek from Brown d Nazarek answered questions regarding legal procedures in establishing [he Assessment District, and outlined [he purpose of each Resolution which was before Council for adop eion. City Clerk Wasserman read the title of Resolution No. 80-116. RESOLUTION N0. 80-116 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING A MAP SHOWING THE GENERAL NATURE, LOCATION, ANO EXTENT OF THE CONSTRUCTION OF CERTAIN PUBLIC WORKS OF IMPROVEMENT IN SHOWING THE PROPOSED BODNDARIES OF T'HE ASSESSMENT DISTRICT TO BE ASSESSED FOR CERTAIN COSTS A.YD EXPENSES OF SAID II~ffROVEMENT. Mayor Schlosser opened [he meeting far public hearing. Mr. Hal Halldin, Civil Engineer of Seal Beach and representing those who were opposed to the establishment of the Assessment District, spoke [o Council. He said the people he represented wanted to form their own District and wanted [o do themselves because the assessments would be less. They were concerned about storm drainage also, but wanted to form their own District. They did not want to be forced into the city's plan because the assessments would be considerably hi.ghe r. Mr. Nazarek suggested that [he Council make their decerminationa at the public hearings after the} have had a chance to hear all the testimonies, He said there several ways this could be handled. There being no further discussion from the public, Mayor Schlosser closed the public hearing. Motion: Moved by Mikels, seconded by Palombo to approve and adopt Resolution No. 80-116. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge. City Clerk Wasserman read [he title of Resolution No. 80-117. RESOLllTION N0. 80-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFOR.IA, DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES FOR SPECIAL ASSESSMENT PROCEEDINGS. Mayor Schlosser opened the meeting far public hearing. There being no response, the public hearing was closed. Motion: Moved by Mikels, seconded `_ ...:..abo Co approve and adopt Resot,u [ion No, 80-117, Yntion carri~u ;,y the following vote: AYES: Frost, Mikels, Palombo, Schlosser. HOES: None. ABSENT: Bridge. City Council Minutes January 21, 1981 Page 10 City Clerk Wasserman read title of Resolution No. BO-118. RESOLUTION NO. 80-118 A RESOLUTION OF THE CITY COUNCIL OF THE CZTY OF RANCHO CllCAMONGA, CALIFORNIA, COVERING PRELIMINARY DETERMINATION AND ORDERING THE PREPARATION OF A REPORT ON SAID IMPROVETdENT. Mayor Schlosser opened the meeting for public hearing. There being no response, the public hearing was closed. Councilman Frost Snquired as to how much of the $55,000 in storm drain fees are we going to spend in case the Assessment District does not fly? Mr. Hubbs said at this point none of it unless the Assessment District proceeds ahead. Motion: Moved by Palombo, seconded by Mikels to approve and adopt Resolution No. 80-118. Motion carried by the following vote: AYES: Frost, Mikels, Palombo, Schlosser. NOES: None. ABSENT: Bridge. City Clerk Wasserman read title of Resolution No. 80-119. RESOLUTION NO. 80-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNAI, APPROVING THE REPORT UNDER THE "SPECIAL ASSESSMENT INVESTI- GATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931," AND FIXING A DATE OF HEARING THEREOF. Mayor Schlosser opened the meeting for public hearing. 8111 Millken asked where the $55,000 would be coming from. Councilman Mikels explained [hat [his was money which had been collected from Che storm drain fees. People who had already paid the $4600 in storm drain fees would receive a credit toward the assessment. There being no Further discussion from the public, the Mayor closed the public hearing. Motion: Moved by Mikels, seconded by Palombo to approve and adopt Resolution No. 80-119. Mo[Son carried by the following voce: AYES: Ftost, Mlke ls, Palombo, Schlosser. NOES: None. ABSENT: Bridge. 6C. RECOMMENDED ADOPTION OF SOLID WASTE MANAGEMENT MASTER PLAN REVISION. Councilman Mikels said he would Like [o see this item postponed. Ne said [here was a considerable amount of controversy regarding the proposal. Perhaps someone from the County could be present at the next meeting to answer some of the concerns of the Council. In particular he expressed concern over [he Hazard Weste Management sec[ian~ 6 Council concurred and deferred the item to the February 4, 1981 City Council meeting. ,~ City Council Minutes January 21, 1981 Page 11 6D. AUTHORIZATION TO PURCHASE A,YD INSTALL A "CODE-A-PHONE" SYSTEM AT CITY HALL TO AUGMENT THE PUBLIC INFORMATION SERVICE PROVIDED BY THE CITY. Mr. Bill Holley made the presentation. AFter some discussion, Council concurred eh at this Item should be put into the budget process in Julv. 6 F.. RECO?LMENDED ADOPTION OF EMPLOYEE RLLES AND REGULATIONS/PROPOSED MOOIFICATIOYS Mr. Wasserman presented the changes, then read the [i [le of Resolution No. 81-14. RESOLUTION N0. 81-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING COMPRE- HENSIVE RULES, REGULATIONS, AND PROCEDURES GOVERNING THE DETAILS OF ADMINISTRATION OF THE CITY'S PERSONNEL SYSTEM. Mayor Schlosser opened the meeting for public comment. There being none, the public portion of the meeting was closed. Frost suggested the following change for Section 3.2.1 on page 30 of the Rules and Regulations. "When Lavof Es Occur: Whenever in the judgement of the City Council, after consideration of the reconunendations by the City Manager, it becomes necessary, due to the lack of work or lack of monies, or because [he....." Motion: Moved by Palumbo, seconded by Frost !o approve and adopt Resolution No. 81-14 with the recommended changes in [he Rules and Regulations. Motion carried by the Eo Mowing vote: AYES: Frost, Mikels, Palumbo, Sch losses. NOES; None. ABSENT: Bridge. 7. CITY ATTORNEY'S REPORTS. There were none. 8. ADJOURYMENT. Motion: Moved by Palumbo, seconded by Mikels to adjourn. Motion carried 4-0-1 (Bridge absenc), The meeting adjourned at 9:35 p.m. Respectfully submitted, Beverly Au[helet Deputy City Clexk