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1981/04/01 - Agenda Packet
,~ crrv of Rnl~x]-lo c~JCnnaorlcr. CITY COUNCIL - --AGENDA April 1, 1981 All items submitted for the City Council Agenda must be in writing. The dead- line for submitting these items is 5:00 p.m. an Thursday prior to the first and third Wednesday of each month. The City Clerk's Office receives all such items. 1. CALL TO ORDER A. flag Salute B. Roll Call: Frost X Mikels~, Palombo~_,Bridge~_, and Schlosser X _ C. Approval of Minutes: March 9, 1981 ~ (1 March 18, 1981 2. ANNOUNCEMENTS a. Monday, March 30, 1981 - General Plan Public Hearing - 7:00 p.m. LTons Park Community Center, 9161 Baseline Road. • b. Thursday, April 2, 1981 - Victoria Planned Community Meeting ~ 7:00 p.m. Alta Loma High School Cafeteria, 8880 Baseline, c. Monday, April 6, 1981 - General Plan Public Hearing - 7:00 p.m. Lions Park Comnuni ty Center, 9161 Baseline Road d. Thursday, April 9, 1981 - Pre-Budget Meeting - Liens Park Community Center - 5:30 p.m. e. Tuesday, April 14, 1981 - Historical Commission - 7:00 p.m Lf ons Park Conmuni ty Center, 91fi1 Baseline Road 3. CONSENT CALENDAR The Following Consent Calendar items are expected to be routine and noncon- troversial. They will be acted Upon by the Council at one time, wi thou[ dis- cussion. a. Approval of Warrants, Register Number B1-4-1 for E167,439.45 _1 b, Resolution supporting State adoption of Plumbing Code published 3 by the International Conference of Building Officials. RESOLUTION 81-36 6 _ _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA SUPPORTING STATE OF CALI- FORNIA ADOPTION OF THE PLUMBING CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, City Council Agenda -2- April 1, 1981 c. Approval of Resolution establishing a fund for City Beautification Fees. 7 RESOLUTION 81-37 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING A FUND FOR CITY BEAUTIFICATION FEES. d. Release of Bond for Minor Subdivision 77-0534 Recommend that Council release the Certificate of Deposit for 9 Minor Subdivision 71-0534, located on Hellman Avenue north of 19th Street. Owner: June Brashear 9A e. Request for Time Extension for 7180 Pecan Avenue Recommend that Council approve the request for a one (1) year extension of time for Agreement and Surety for off-site improvements for 7180 pecan Avenue submitted by Oon Scarlett. f. Tract 9194 and Tract 9525 Recommend that Council approve the release of cash staking q bonds for both Tract 9194 and Tract 9525 both lying north of Arrow and west of Turner. The• bonds are for E240 and 5300 respectively. Owner: Arnold D. Anderson g. Tract 9445 Recommend that Council approve release of cash staking bond '_ 9 for $5,410.00 for Tract 9445 located on the east side of Archibald between Wilson and Banyan. Owner: Rancho de Cucamonga. 10 h. Request to set for public hearing on April 15, 1981 an appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 9441 i. Request to set for public hearing on April 15, 1981 an appeal _~p__ of Planning Commission Conditional Approval of Tentative Tract Map No. 11609 j. Request to set for public hearing on May 6, 1981 a Street Name Ordinance. 4. PUBLIC HEARINGS The following items are public hearings to which concerned ci ti tens may voice their opinion. Please wait to be recoyni zed by the Mayor and address the City Council from the public microphone by gluing your name and address. Zf possible, comments should be ltmited to ft ve minutes. Please register on th~~ "Sign-Up Sheet" before taking your seat. City Council Agenda -3- April 1, 1981 • A. MOBILE HOME PARK TENANTS REQUEST FORA RENT STABI LI- 2fi ZATION BOARD. Continued from March 18, 1981 Staff Report by Jim Robinson B. ZONE CHANGE N0. 60-12 - BARMAKI AN - A request for a 63 change of zone rom A- -5 limited agriculture, 5 acre minimum lot size) to R-1-20 (single family residential, 20,000 sq. ft. minimum lot size) for 24.36 acres of land lccated on the north side of Almond Road, east of Car- nelian Street - APN 202-181-07. Staff Report: Jack Lam ORDINANCE N0. 140 (Second Reading) 9B _ RN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NO. 202-181-07 FROM A-1-5 TO R-1-20 FOR DROPERTY LOCATED ON THE NORTH SIDE OF ALMOND ROAD, EAST OF CARNELIAN STREET. 100 C. NiSTORIC LANDMARK DESIGNATION - Designation of street _ tree p antings on High and Avenue between Etiwanda Avenue and East Avenue as a historic landmark. Staff Report: Bill Holley . 10s ORDINANCE N0. 141 (Second Reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE PALM RND EUCALYPTUS STREET PLANTINGS ON HIGHLAND AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE AS A SIGNIFICANT HISTORIC FEATURE OF THE CITY, AND THEREFORE, DESIGNATING IT AS A CITY HISTORIC LAN OMARK. 104 D. APPEAL OF TENATIVE TRACT N0. 11549 - LEWIS HOMES - A Request for the development of 90 lots on property located between ' Etf Wanda and East Avenues + 300' South of Summit in the R-1 (Single Family) zone. Staff Report: Barry Hogan 5. CITY FIANAGER'S STAFF REPORTS A__dasePlr-Avak~iart, Yuken-~Otispesal- Service. R~quesi to tddress X1'39-~ Council, B. RESOLUTION OF INTENTION TO MODIFY BOUNDARY TO ASSESSMENT 140 :STP.I CT 79-1 Recommend approval of Resolution of Intention to modify the boundaries of Industrial Assessment District 79-1. This will allow the notification of added property owners of proposed modifications in the Oistrict by the April 15 Hearing on the District. City Council Agenda -4- April 1, 1981 RESOLUTION 81-38 144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA DE- CLARING ITS INTENT TO ORDER CERTAIN CHANGES AND MODIFICATIONS TO THE BOUNDARIES AND PROCEEDINGS FOR A SPECIAL ASSESSMENT DISTRICT C. RESOLUT70N CONCERNING FOOTHILL FREEWAY RIGHT-OF-WAY PROTECTION 150 Recommend that Council approve the resolution requesting that SCAG and the California Transportation Cammi ssion honor their commitment to provide funding for right-of-way protection under the 1981 and 82 State Transportation Improvement Plan (STIP) RESOLUTION 81-39 151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING ALLOCATION OF FUNDS FOR THE PROTECTION OF FOOT- HILL FREEWAY CORRIDOR RIGHTS-OF-WAY . 6. CITY ATTORNEY'S REPORTS 7. 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Since the law was enacted, the International Conference of Building Officials has published the ICBO Plumbing Code based upon the National Standard Plumbing Code. • This new code is written in parallel fashion to the Uniform Building Code and other codes published by the International Conference of Building Officials and dovetails plumbing regulations with other codes currently in effect in Rancho Cucamonga. In addition to providing uniform and consistent administrative advantages it's adoption would also provide a supplementary budgetary advantage, by eliminating the need for membership in a code group. 1977 SUMMARY As the present state law stands, California Building and Safety regulatory agencies cannot adopt the ICBO Plumbing Code. Assembly Bill 591, recently introduced in the Legislature will allow for the adoption. We urge City Council adoption of the attached resolution supporting A. B. 591. JRG/ps d. 3, CALBO CONSULTANTS CONNERLV 6 ASSOCIATES, INC. ~ a l i f o r n l o CpntaeL' Patrick McLaHerry 2215 21St Street Sacramento, CA 95918 1916) 157-1103 wil ding March 12, 1981 O t iiciol~ Dear Building Official: PRESIDENT RicRARn$rAw Last year, 1980, the California Building Officials emq n~r.r ~,~ (CALBO), unanimously supported a resolution to promote Davis the adoption of the ICBO Plumbing Code by the State of California. This year, at their Annual Meeting, CALBO VICE PRESIDENT overwhelmingly supported AB 591, which places the ICBO RicRARO MIYAwRA 9lag a $a!ny Aam~n plumbin Code in the State Housin Law thereb allow- 9 g ~ Y o,na~n ing localities to adopt the code for residential construction. TR EASVRER w wo sorts The ICBO Plumbing Code is most compatible with the 9mg G!h aai state's adopted codes. It also provides greater flexi- No.a!n bilit to use new materials y , products, and systems which SECRETARY assist in the production of needed affordable housing. • R W $CR UILER Rl~y Uue~tor In addition to the abovementioned reasons for supporting Ne.. gun eea<I: the ICBO Plumbing Code, municipalities can realize economies because belonging to two code promulgating olRecTOSS organizations would be no longer necessary. Reductions LARNr AMVOrv s~p~ eumm~q in dues and meetin ex enses can be ex ected. 9 P P Los Angeles County r row,Ew E~ELO CALBO respectfully requests that you examine the issues c.. merry SROUSinq surrounding this important question. We believe that your in~pe~~ai 9aacn municipality will conclude, as CALBO has, that Lhe adop- JAGHROSCPRAIIGR Sup! Hbq 8 5ale~y lion of the ICHO Plumbin Code has man benefits. 9 Y $dn fJ..ln dlUinO Jot+rvwrnvER The enclosed resolution has been provided for your con- CmcIBi~lgimp venience in supporting AB 591. An executed copy should ~~~~"y ^' F'°'^~~ be sent to the legislators noted on the enclosed list PAST PRE SIDENT and the League of California Cities and County Supervisors Association of California. 0 J r.u...'I. ~~ L Thank you for your assistance in this important effort. ry V e truly yours, / / l RICHARD MIYAHIRA • President RM/ic Enclosure y. RESOLUTION NO. gl_36 • A RESOLUTION OF THE CITY COUNCIL OF 7NE CITY OF RANCHO CUCAMONGA SUPPORTING STATE OF CALIFORNIA ADOPTION OF 7HE PLUh18ING CODE PUBLISHED BY 741E INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. WHEREAS, the International Conference of Building Officials, a California nonprofit corporation whose voting membership consists solely of local and state governmental units, has published the ICBO Plumbing Code, and WIiCREAS, the ICBO Plumbing Code is compatible with the Uniform Building Code and other state and locally-adopted codes used throughout the State of California, and WHEREAS, the IC80 Phmibing Code permits the use of a wide range of new products, materials, and systems responsive to the quest for • affordable housing and rapid changes in the state of the art of the construction industry, without compromising minimum health and safety standards, and WHEREAS, legislation facilitating the use of the ICBO Plumb- ing Code for housing will enable local government to realize subsiant ial economies through the utilization of ICBO's support services, which include correlation of codes, research, and education, and resultant savings in dues and travel and meeting expenses, and WHEREAS, the current Slate Housing Law inhibits local government from utilizing the ICBO Plumbing Code and the advantages that it offers, and WHEREAS, Assembly Biil 591, introduced by, Assemblyman James Costa, co-authored by Senator Rose Ann Vuich will provide for [hat utilization. _- • NOIV, 711ERGFORE, BE IT RESOLVED that the City Council of the City i,f Rancho Q~camonga does hereby support Assembly Bill 591 of 1981 which provides for statutory adoption of the lCBO Plumbing Code in the Stale of California (lousing Law, and £' Resolution 81-36 BE IT FURTHER RESOLVED that the City Clerk be directed to . provide copies of this executed Resolution to Local Legislators, Assemblyman Costa, Senator Vuich, the League of California Cities, the County Supervisors Association of California, and appropriate Legislative Conuoittee Members. PASSED, APPROVED, and ADOPTED this day of 1981. AYES: NOES: ABSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • to . CITY OF RANCHO CUCAMONGA MEMORANDUM Dale: March 27, 1981 To: City Council £rom: Finance Direc~ Subject: New Fund In an effort to provide a thorough accounting of community beautification fees, i[ is necessary to establish a apecif is fund for said fees. Attached you will find a short resolution establishing that fund. This action results in removing [hose fees, collected for community • besot if icat Son, from the General Fund, and places them in a fund designed for a specific purpose. ~, • RESOLUTION N0. 51-37 A RESOLUTION OF THE CITY WUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA ESTABLISHING A FUND FOR THE FEES COLLECTED FOR COIRRINITY BEAUTIFICATION. WHEREAS, [he Ci[y Council of the City of Rancho Cucamonga deems it necessary to establish a fund in order to account for the fees collected for community beautification. THEREFORE, the community beautification fund 3s established. PASSED, APPROVED, and ADOPTED this 1st day of April, 1981. AYES: NOES: ABSENT: • Mayor ATTEST: • ~~ CITY OP RANG-10 CI;CAA4Q\GA STAFF REPORT DATE: April 1, 1981 TO: City Council and City Manager FR0t9: Lloyd B. Hubbs, City Engineer SUBJECT: Release of Bonds Tract 9445 - Located on the east side of Archibald between Wilson and Banyan OWNER: Rancho de Cucamonga, Inc. (Mark IZI Homes, Inc.) 2950 Redhill Rvenue Costa Mesa, CA 92626 The City has received final monumentation for Tract 9445 and requests the City Council to authorize release of the cash staking • bond for $5,910.00. Tract 9194 - Located north of Arrow and west of Turner OWNER: Arnold Anderson 520 North Euclid Avenue Ontario, CA 91764 The County of San Bernardino has received final monumentation for Tract 9194 and has requested the City Council of the City of Rancho Cucamonga to authorize release of the cash staking bond of $240.00. Tract 9525 - Located north of Arrow and west of Turner OWC7ER: Arnold Anderson 520 North F.uc lid Avenue Ontario, CA 91764 The County of San Bernardino has received final monumentation for Tract 9525 and has requested the City Council of the City of Rancho Cucamonga to authorize release o£ the cash staking bond of $300.00. Minor Subdivision No. 77-0534 - located on Hellman Avenue north of 19th Street OWNER: June Brashear 6649 Hellman Avenue A 1ta Loma, California 91701 Certificate of Deposit $2,793.96 x Q CITY OF RAI~F(O CI;CAM0IGA STAFF' REPORT • ~I DATE: April 1, 1981 -'~ TO: City Council and City Manager FRO:d: Lloyd B. Hubbs, City Engineer SUBJECT: Request for Time Extension for 7180 Pecan Avenue for Agreement and Surety for Off-site Improvements submitted by Donald Scarlett Mr. Scarlett is requesting a one year extension of time to install street improvements at the above referenced address. He has indi- cated that he would like to wait until Tract 10993 is developed to the north, thus allowing extension of the water line and construct of the street improvements at the same time. It is recommended that a one year extension of time be granted for 7180 Pecan to run from the present expiration date of April 8, 1980 to April 8, 1981. Respectfully submitted, LBH:BK:jaa i `J R CITY OP RA!~CI-10 Cl,'G\A70XGA ~oc~`~^ NO1 ~ ST.~1FF REPORT ~ ~~ C • ` v^ • F DATE: April 1, 1981 ~' 1977 TO: City Council and City Manager FROM: Lloyd 8. Hubbs, City Engineer SUBJECT: Appeal of Planning Commission Conditions for Tentative Tract Maps 11609 and 9441 The above referenced tracts have appealed Planning Comission conditions for their respective tracts which require the construc- tion of~the portions of Alta Loma Channel adjacent to their pro- jects. Attached are copies of the appeal requests, Planning Commission conditions and pertinent documents related to the im- posed condition. In recent months several tracts have been submitted along this channel and in each case this condition has been imposed. These are the first tracts to formally appeal the condition. • Alta Loma Channel is an unimproved flood control facility draining approximatley 960 acres of mountain and hillside lands. The site of both tracts is located entirely within the National Flood Insurance Program's flood overflow area. The westerly portion of the tract is particularly subject to flood hazard due to overflow, erosion an3 debris deposition. This channel in the recent past has undergone severe erosion £rom moderate storms and in the past year placed a residence at Hillside in severe jeo- pardy. The recommendation of development of the tibutary drainage area without attention to this facility would be negligent on the part of the Engineering Division. Because the proposed tracts are the most directly impacted by the channel construction and because they have been the first to apply for subdivision, they will be required to bear a substantial burden beyond the usual development. To offset burdens of this nature, the conditions provide for the execution of a re imbu rsment agreement. RE I:18URSEMEniT POLICY As we have begun to approve tracts under growth management and as we near adoption of the revised storm drain master plan, two facts have become apparent: First, the current storm drain fees are inadequate to construct the planned drainage facility and, second, that tracts within the inEill area require facilities that gener- ally are beyond any practical fee obligation. !U STAFF REPORT April 1, 19 R1 APPEAL OF PLANNING COMMISSION CONDITIONS FOR TENTATIVE TRACT MAP 11609 and 9941 Page 2 • As the Council is aware, the current City policy on reimbursement is to set aside 108 of all fees collected each year to be distri- buted among all outstanding agreements in proportion to the original agreement amounts. In reflection of the above referenced problems, it is likely that the City will be receiving very few fees with which to reimburse developments such as the two under aopeal. For this reason, several developers with this situation have asked that the amount of zeimbursement be increased or that reimbursement districts be formed to require all fees collected within the district area to apply directly to reimbursement. The impact of this policy will be and has been to severely limit the accumulation of storm drain fees for application to priority storm drains. In essence, storm drain priorities are being established by development activity rather than City needs. I'm afraid that this just confirms what we originally expected and that is that some means other than fees is required to deal with existing City problems. Fees are most affective in insuring that new development is handled responsbil y. CONCLUSION in the case of the tracts currently appealing the channel conditions, the Council has several options: 1. Require something less than full improvement of the channel - This option would subject future homes to severe flood hazard and reduce the likelyhood of any facility ever being complete. 2. The Council could contribute to construction of the channel - In that funds available are severely limited (would not recommend this solut ion)u :less the Council wishes to make this facility the City's number one priority drain. 3. The Council can allow the establishment of a reimbursement district within the watershed and pledge fees in the area to these agreements - This solution would reduce funds available in other areas of the City and have some of the effects of Option 2. 4. The Council could increase the amounts available for reimburse- ment to something higher than the current 108. • 5. Uphold the condition of the Planning Commission and maintain the current reimbursement policy. • STAFF REPORT April 1, 1981 APPEAL OF PLANN IL7G COMMISSION CONDITIONS FOR TENTATIVE TRACT • MAP 11609 and 9441 Page 2 Given the severe drainage problems throughout the City, the Staff recommends the fifth option to retain the condition and current reimbursement policy. Respectfully submitted, /~~ LBH:jaa Attachments • is s . , ~. r `~ "Rn `~~Y` `-' ~"' - 4~ HILLSIDE AVI;: ;. '.4~ ~ -w::>---tt 3-G r 1 ,._ zar.4_,. acmm-a,r~:', ~~~ z f` .__.._. ~ ____~_ ~ _ o~.~ ALTA LOMA"B&$IN$ Y.R.O, f00TNILL IEfO[R 4^ '" a-' i I_-__ "P~ f ~ off''.-' i ~~:p ~ ~ ' Z APPROVED TENTATIVE TRACT ® Cf'i'~ dT ~~~'~`~.'~~ ^~~3C~•'~'V~ COA9FREFENSNE STORFA L'RAIN PLAN TENTATIVE MAP PENDING ...... Pf;UJECT W0.2- 3 (~ ~~~j~~ (jn 517 N. Eut11d Avenue UANUARY ^l j~1~-7 DRAWING OF ~ Dntatto, CA 91762 ggl ~J $URR 6 FIELLYER cLO. nc.i+cq iiaee.iueal • q*n eq J e M;v6 „[v <„ •vwores ~ wn`AOgAV[w+forv Jwn[5 qe. 9uRF 1~90e.i9>il J OL fs 39Y N nuC [O w~1q 0511930-~9»I "~4 " JOnw O NBC Sqn[+, J Li<L e0N 60e6 $qN BER NAR DINO. CALIIORNIA 92912 Cn Oqr I>I.I ee...>O• ~'°`~ 5~"""`rv March 6, 1981 ~ $ ~' ~ ~ {j "~ `""' CITY OF RANCHO CUCAidONGA Vc=~^~=^*~~ ~~^ ADMINISTRATION Lauren Wasserman, City Clerk hiAR 071381 City of Rancho Cucamonga AM FAI 9320 Baseline Road ?I$191~I~Itt111213141$Is Rancho Cucamonga, CA Re: Appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 9441 on February 25, 1981; Resolution No. 81-20 Dear Mr. Wasserman: This office represents Nark III, the applicant with respect to Tentative Tract Map No. 9441. Enclosed is our client's appeal of the Planning • Commission's conditional approval of Tentative Tract Map Dlo. 9991 as expressed in Resolution No. 81-20 approved February 25, 1981. Also enclosed is our check in the amount of $100.00 payable to the City of Rancho Cucamonga representing the required appeal fee pursuant to Ordinance Code Section 1.901.10. Please address all notices and other correspondence regarding this appeal to: Surr & Nellyer (FJDJ A Professional Corporation P. 0. Box 6086 San Bernardino, CA 92412 If you would like to discuss this matter prior to the hearing on the appeal we will be happy to do so. Very truly yours, SURR 6 HELLYER A P ESSIOUAL CORPO • ey James D. Stroffe JDS/kw Enclosures `1 ~Cf~~'sWl`~. CITY OF RANCHO CUCA(dONGA AOM1II NISTRATION Lauren Wasserman, City clerk P"RR ~ ~ 191j1" City of P.ancho Cucamonga AR1 F'd~ 9320 Baseline Road 7181HI141111~I11213141516 Rancho Cucamonga, CA 4 Re: Appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 9441 on February 25, 1981; Resolution No. 81-20 TO: LAUREN WASSERMAN, CITY CLERK, CITY OF RANCHO CUCAPIONGA PLEP.SE TAKE NOTICE that the undersigned, Mark III, pursuant to California Government Code Section 66452.5 and Rancho Cucamonga Ordinance Code Section 1.901.10 hereby appeals from the action of the Planning Commission of the City of Rancho Cucamonga taken on February 25, 1981 conditionally approving Tentative Tract Map No. 9441. Specifically, the undersigned appeals the imposition of those conditions set forth in Resolution 81-20 Section 2 Item Numbers 2 and 3. Dated: March 6, 1981 MP.RK I, a Ca ~orni co or tion R •. J es Golfos, i e President STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On this 6 gay of March, 1981, before the undersigned, a Notazy Public in and for said County and State, personally appeared James Golfos, known to me to be the Vice President of Mark III, a corporation, the corporation that executed the within instrument and acknoculedged to me that such corporation executed the same. WITNESS my hand and official seal. _~ 'oiiinei'siei~' Z~~ _~ ~ ~ CRRA[N MII I[N ~~~~~~~ Hap4 ?uMi, . GLlnmp oxanct counn , ~_~ tlr [om~sAnn troir4 Mry y., 19W l Notary Public in and or said County and State ~~ of _ Page 2 r • (9) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 9441, 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. Unless the Developer of this tract chooses to exclude equestrian uses through the recordation of appropriate C. C. 8 R. s, approved by the City, local equestrian trails and easements will 6e required for equestrian access to all lots within the subdivision. Engineering Division 2. A dedication in fee to the Flood Control District shall be required along the westerly tract boundary to provide for an ultimate District right-of-way width of 80 feet measured from the channel's westerly rights-of-way line. 3. Design and construction of an adequate concrete lined channel with inlet structure along Alta Lama Channel • contiguous to subject tract shall be required to the satisfaction of the City Engineer. The construction cost of the facility shall be credited to the stonndrain fee for the project and a reimbursement agreement will be executed per City Ordinance No. 75 to cover the contribution which exceed the amount of the fee. 4. 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. 5. Final plans and profiles shall show the location of any existing utility facility that would affect construction. 6. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City standards. 7. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 8. Private drainage easements with improvements for cross lot drainage shall 6e required and shall be delineated on the final map. ~~ $ac $czra~d~xa eou.Ytrj FLOOD CONTROL DISTRICT ~__. ~, COUNTY OF SqN BE8N A8DINO ~•. .~.; 9 N 825 East Tbira Street S n Bcrna,J ino, CA 92415 171a1 3831665 _"= ~, VI8ON KS NT EL Y ~r'r"^.~Si'^^--•~„^•-•~•°~".T;~-_'"^^*^r_"'^ _ ~~r'. "i.'-_YU =~W~. ~-Ar^y,An~~N~^-m- ' •'! c.a. ui viE rno.rmea c,ronai r,,,¢n'{~r:CHO CI.'CAIiIGiIGR _ ~oNa n+ee nNn ni~: EVE! O''!AENT DEPT. A9e~~.v n~io~~~~:.,..o. LLiini:Uwl I'( C 1. ~'~ 2 u iii ill February 19, 1981 AH PN 7131~dOliilL;li21319i516 File: 1-aos/2.o2 ~ Tract 9441 Mark [tI 2950 Red Hill Avenue Costa Mesa, CA 92626 Attention: Mr. Jack Tannenbaum Director of Engineering Re: Zone 1, Alta Lorna Storm Drain Tentative Tract 3441 Gentlemen: The District is in receipt of your letter dated February 9, 1981, regarding dedi- cation of righ is-of-way for the Alta Loma Storm Drain to the District as part of approval of Tentative Tract 9441 located north of the District's Alta Loma Basin 1, west of liermo sa Avenue and east of the Alta Loma Channel in the northern portion of the City of Rancho Cucamonga. The District would be pleased to review a revised Tentative Tract Map 9441 which shows an unproved concrete lined channel for the R1 to Lorna Channel. The submittal should be made through the City of Rancho Cucamonga. At that time we will review the proposed channel section and rights-of-way then co~nnent to the City. Should you have any further questions regarding this matter, please contact Mr. Allan J. Ki elhold, Chief, Water Resources Division at (714) 383-2388. Very truly yours, C. J. DI PIETRO, Flood Control Engineer 8Y ,C~.~-. ~LLIs...,,~ Ruben V. hlontes Asst. Flood Control Enyineer Planning -Engineering RVVI: Rl1C:mj5 /cc: Ci[}' cf Rn ncho Cucamo n~,^ Encl. as noted • )7 Sao 3'caraas:tro G/ouwtrf (- FLOOD CONTROL DISTRICT °~„~, COUNTY OF SAN BERNARDINO ¢~°~ s~ ENVIRONMENTAL B25 East Third Street • San Bernardino. CA n2415 (714i 383-1665 - -UellC WORR$ AGENCY •DI PIE TqO, Flmtl COn irol Enqm r fi ~.°`~ JONNM e[^NnRD ~[er rt::va/r A9lnry Atlm sumo September 19, 1980 File: 1-405/1.00 ui `i I~ s ~ ~' ~ L'r' 1-406/1.00 CITY OF RA.IiCHO CUC„~ ~GNGA Tract 9441 CCflir;bhlTY CEVEtCeMiNT DFPT. s~a s s lse, City of Rancho Cucamonga AM PAi Engineering Department 718191Ad1t1111216141516 9340 Baseline Avenue 4 Rancho Cucamonga, CA 91730 Attention: Ms. Barbara Krall Re: Zone 1, Alta Loma Storm Drain Tentative Tract 9441 Gentlemen: The District is in receipt of your letter dated August 25, 1980 regarding Tentative Tract No. 9441. • The proposed tract is located adjacent and north of the District's Alta Loina Basin No. 1, west of Hermosa Avenue, and adjacent and east of the District's Alta Loma channel. The Alta Loma channel serves to outlet drainage originating in the mountainous areas to the north. The channel, adjacent to the tract, has interim improvements consisting of an earth- graded channel with rail and wire bank protection. Extending north and northeast of the site, the facility consists of an earth-graded channel. Although able to handle runoff from most small storms, neither improvement is considered adequate to withstand a major flood. The site is located entirely within the National Flood insurance Program's flcod overflow area. The westerly and southerly portions are within Zone AO (depth 1') and Zane A respectively. The remainder of the tract falls within Zone B. See Attachment A for location and clarification of zones. Therefore, in our opinion, the westerly portion of the tract abutting the Alta Loma channel is subject to infrequent flood hazards due to overflow, erosion and debris deposition in the event of a majcr storm until permanent channel and debris retention facilities have been provided, The tract is also subject to infrequent flood hazards due to overflow from accwnulated tributary drainage from the north in the event of a major storm. The southerly portion may also be subject to infrequent flood hazards due Lo overflow from Alta Loma Basin No. 1 in the event of a major storm until such time as the basin is fully excavated. • 1$ Cnn,tnrn i°n and OP^'a lin ns . Plan nrna and LvLno<rrnq . F+tl nr al Proi°rry City of Rancho Cucamonga Attn: Ms. Barbara Kroll September 19, 1980 Page 2 Our recommendations are as follows: 1. A dedication in fee to the Flood Control District shall be required along the westerly tract boundary to provide for an ultimate District right-of-way width of 80 feet measured from the channel's westerly rights-of-way line (see Attachment 6), The District will prepare the necessary right-af-way documents. 2. Construction of a 15-foot wide levee, eight feet (minimum) above the existing flowline. 3. A 50-foot building setback line from District's proposed rights-of-way should be shown an the grading plan and tract map for the site. 4. Installation of chain link fencing per District SP-151-C (Attachment C) or some other adequate barrier along the District's rights-of-Way. 5. Placement of a statement on the grading plans that a permit will be required from the District's Construction-Operations group, Permit Section, for any encroachment onto District's rights-of-way. • It is assumed the City will establish adequate provisions for intercepting • and conducting the accumulated tributary drainage from the north around or through the tract in a manner which will not adversely affect adjacent properties. It is also assumed that City will require provisions for flood-proffing the site per the National Flood Insurance Administration requirements. Should you have any further questions regarding this matter, please contact Mr. A11an J. Kieihold, Chief, Water Resources Division, at (714) 383-2388. Very truly yours, C. J. DI PIETRO Flood Control Engineer ev 2~ J GGC~.-. -F4a RUBEN V. MONTES Asst. Flood Control Engineer Planning - Engineering RVhI: RS1L:om Attach. • iq /• • LAw o~•:c<s or SURR 6 HELLVER -c,g a vru `O SC r.o+~n • enn~rs .:u+ai nF~nw•r: ~n~ 5. ":9 !e -^^ ``C as . •ae~wr • • m ~•mCS,e [.rvce-. _i~ •. .~ _ v ~ r UCi IC [C~ r - •° 5/N BER NFR OIN O. CFLI~OR NI492412 v NSCV B O Src ~C~ Ca •~~a4•~• . ~~. ~~ March 9, 1981 Lauren fasserman, City Clerk City of Rancho Cucamonga 9320 IIaseline Road Rancho Cucamonga, CA P,e: Appeal of Planning Commission Conditional Approval of Tentative Tract Map No. 11609 on February 25,1981 Resolution No. 81-19 Dear Mr. Wasserman: This office represents Bob Jensen Builders, Inc., the • applicant with respect to Tentative Tract Map No. 11609. Enclosed is our client's appeal of the Planning Commission's conditional approval of Tentative Tract Map C7o. 11609 as expressed in Resolution No. 61-19 approved February 25, 1981. Also enclosed is our check in the amount of $100.00 payable to the City of Rancho Cucamonya representing the required appeal fee puzsuant to Ordinance Code Section 1.401.10. Please address all notices and other correspondence regarding this appeal to: Surr & Hellyer (FJD) A Professional Corporation P. O. Box 6086 San Bernardino, CA 92412 if you would li4:e to discuss this matter prior to the ' hearing on the appeal we will be happy to do so. Very truly yours, ' SORB & HGLLYER • • A PROPRSSIONAL COR .ATION Ry ~~ ~ - Imes D. Stroffe JDS/kw • Enclosures ' ~U Lauren tJasserman, City Clerk City of Rancho Cucamonga 9320 baseline Road Rancho Cucamonga, CA Re: Appeal of Planning Commission Conditional Approval of Tentative Tract Map e7o. 11609 on February 25, 1981; Resolution Alo. B1-19 TO: LAUREN SJASSERMAN, CITY CLERK, CITY OF I2ANCH0 CUCAMOI7GA PLEASE TARE NOTICE that the undersigned, Bob Jensen Builders, Inc., pursuant to California Government Code Section 66452.5 and Rancho Cucamonga Ordinance Code Section 1.401.10 hereby appeals from the action of the Planning Commission of the City of Rancho Cucamonga taken on February 25, 1981 conditionally approving Tentative Tract Map rlo. 11609. SFecif ically, the undersigned appeals the imposition of those conditions set forth in Resolution 81-19 Section 2 Item t7umber 2. Dated: March 10, 1981 • 808 JENSEN BUILDERS, INC., a California corporati n i ~ obert C. Dense , resident STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARD INO ) On this /p,~day of March, 1981, before the undersigned, a Notary Public in and for said County and State, personally appeared Robert C. Jensen, known to me to be the President of Dob Jensen builders, Inc., a corporation, the corporation that executed the within instrument and acknowledged'to me that such corporation executed the same. ~/ ~ - 4JITNESS my hand and off~cial seal. ~~~ -/. ~\ ,..CnunYy and State i~:~l ', ...~ '~•i :'I,fSLCL. .'F~,. .. ;\~1.: \11 ~~I,~ pit.:;i•lil ;r ~~ ar. Page 2 • (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTI O"1 2: Tentative Tract Map No. 11609, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: Plann inq Division 1. A 6 foot high, decorative block wall shall be constructed along the north side of lots 1, 6, 7 and 12. in the required 25 foot front yards, and at equestrian easement locations, the wall shall be omitted. Colors, materials, and precise design and location of such wall are subject to approval by the City Planner prior to final map recordation. Engineering Division 2. Master planned stormdrain shall be required as follows: (a) Design and construction of an adequate concrete lined channel over Rlta Loma drainage course from the south tract boundary to the north edge of Wilson Avenue shall be required. • (b) The length of the Wilson Avenue crossing of the channel shall be based on master planned street width, and shall be designed to the satisfaction of the City Engineer and San Bernardino County Flood Con tral District. (c) Inlet structures north of street crossing and an outlet transition structure at south tract boundary shall he required. The outlet structure shall be adequately designed to protect the downstream end of the existing channel from erosion and overflow. (d) A dedication in fee to the Flood Control pistrfct shalt be required along the westerly tract boundary as shown on the tract map. (e) The design and improvements of the stormdrain facilities shall be done in conformance with the Flood Control District's standards and specifications and to the satisfaction of the City Engineer. Approval and permits for the stormdrain construction shall be obtained from the flood Control District. • a~ Page 3 (f) Reconstruction of full width of Wilson Avenue • shall 6e required on both sides of the approaches to the required channel crossing. (g) The cost of constructing the storm drain facilities shall be credited to the storm drain fee for the project and a reimbursement agreement will 6e executed per section 8 of the City Ordinance No. 75 to cover the contributions which exceed the amount of the fee. (h) The cost of constructing the Wilson Avenue channel crossing including the apprach road shall be credited to the system development fee for the project except for that portion of half width approach read contiguous to the subject tract which shall be the responsibility of the applicant. A reimbursement agreement, at the discretion of the City Council, may be executed to cover the contribution which exceeds the fee amount, with a stipulation that the system development fees from the proposed tentative tract 10047 shall be directly reimbursed as required to the applicant to cover the cost of construction. This reimbursement shall be made only after the system development fees • are collected in connection with the subdivision developments of the above-mentioned tract. 3. Adequate roll shall be provided on the tract access street at Wilson Avenue to preclude flood flows entering the tract. 4. 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. 5. Final plans and profiles shall show the location of any existing utility facii ity that would affect construction. 6. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City standards. 7. Existing City road requiring reconstruction, shall remain open for traffic at all times with adequate detours during actual construction. R cash deposit shall 6e required to cover the cost of the grading and paving prior to recordation of the tract map. On completion of the grading and paving, to the satisfaction of the City Engineer, the cash deposit shall be refunded. C, J a3 Sac ~fiTKQ/SL~li70 eouKdrj (" /FLOOD CONTROL DISTRICT 825 East Third Street Un 8crnardino. CA 92a 75 1 ~I PIE in O, Flootl Conrtol Engineer COUNTY OF SAN BFRNARDINO ENVIRONMENTAL JOMNM 9E RNARD Agen[y Pdmmiirrat or ~ ' . ~ h LCCr.f.;;,;,IGA September 25, 1980 ~Giti~,'CU 4.1 Y I:,.Vf ((i S(,(fiT CLi T. File: 1-405/1.00 C l.- 03 '."so0 1-406/1.00 tdd Ptl Tract 11609 City of Rancho Cucamonga Engineering Department 9340 Baseline Avenue Rancho Cucamonga, California 91730 Attention: Barbara Krall Re: Zone 1, Alta Loma Storm Drain Tentative Tract 11609 Gentlemen: The District is in receipt of your letter dated September it, 1980 regarding Tentative Tract No. 9441. The proposed tract is located adjacent and south of Wilson Avenue and adjacent and east of the District's Alta Loma Channel. The Alta Loma Channel serves to outlet drainage originating in the mountainous areas to the north. The channel, adjacent to the tract, has interim improvements consisting of an earth-graded channel with rail and wire bank protection. Extendfng north and northeast of the site, the facility consists of an earth-graded channel. Although able to handle runoff from most small storms, neither improvement is considered adeugate to withstand a major flood. The site is located entirely within the National Flood Insurance Program's flood overflow area. The westerly portion is within Zone RO (depth 1'). The remainder of the tract falls within Zone 8. See Attachment A for location and clarification of zones. Therefore, in our opinion, the westerly portion of the tract abutting the Alta Loma Channel is subject to infrequent flood hazards due to overflow, erosion and dehris deposition in the event of a major stornl until permanent channel and debris retention facilities have been provided. The tract is also subject to infrequent flood hazards due to overflow from accumulated tributary drainage from the north in the event of a major storm. • ~~. conlnwnon ma m..r,nnm . nannmq ane rnq~n,,,mq . Emnral r,o~~a, City of Rancho Cucamonga September 25, 1980 Page Two Our recommendations are as follows: • 1. A dedication in fee to the Flood Control District shall be required along the westerly tract boundary as shown on the tract map. The District will prepare the necessary right-of-way documents. 2. Construction of a 15-foot wide levee, eight feet (minimum) above the existing flowline. 3. A 50-foot huildin9 setback line from District's proposed rights-of-way should be shown on the grading plan and tract map for the site. 4., Installation of chain link fencing per District SP-151-C (Attachment B) or some other adequate barrier along the District's rights-of-way. 5. Placement of a statement on the grading plans that a permit will 6e required from the District's Construction-Operations Group, Permit Section, for any encroachment onto District's rights-of-way. It is assumed the City will establish adequate provisions for intercepting and conducting the accumulated tributary drainage from the north around or through • the tract in a manner which will not adversely affect adjacent properties. It is also assumed the City will require provisions for flood-proofing the site per the National Flood Insurance Administration requirements. Should you have any further questions regarding this matter, please contact Mr. Allan J. Kiel ho ld, Chief, Water Resources Division at 714/383-2388, Very truly yours, C. J. DI PIETRO Flood Control Engineer By I~-G..- U l~s.,_4. RUDEN V. MONTES Assistant Flood Control Engineer Planning - Engineering RVM:RWC:rn Enclosure • a~ CITY OF RANC7 i0 GUC4MONGA STAFF ~' PORT • March 25, 1981 • T0: City Manager and Members of the City Council FROM: Jim Robinson, Assistant City Manager SUBJECT: Mobile Home Park Tenants Re uest for A Rent Sta bt izatton Board At its meeting of March 18, 1961, the City Council received a petition and request for the CT ty to develop a Rent Stablization Board. Because neither the tenants or their attorney outlined the specifics of their request, it is not known what kind of rent stablizati on board would be acceptable to the tenants. [f the City Council wishes to implement a Rent Mediation Board with mandatory powers, the City Attorney has advised staff that it would still be necessary to meet the requirements of Birkenfield v.s. the City of Berkeley, In other words, Tf the CSty elects to establish a Mobile Home Rent Stabilization Board, it may be necessary to determine whether or not there is any existing shortage of mobile home spaces, or a low vacancy rate exists and rents are excessive. This information provides the City with adequate justification in the event of court challenges and provides the ordinance with a basis in fact. From a "cursory" review St appears that: (1) it could be construed that a shortage of mobile home spaces does exist, (2) there is a vacancy factor less than 1%, and (3) the rents are competitive wSth surrounding cities for parks with similar amenities Current rents for the five parks submitting petitions in Rancho Cucamonga average E169 - 5197 per month white rents in parks of adjoining communities,range from an average of E167 to 5188 per month. Amore in depth analysts by staff of these three criteria may be necessary to determine Tf the City satis- fiesthe basic criteria to implement a "mandatory" Stabilization Board Ordinance. Assuming the City Council wishes to implement some form of mediation Board, there are several alternatives available. These are listed in order of the mast mandatory form of Stabilization Board to strictly an Advisory or Mediation Board. Continued..... a c~ Mobile Home Park Tenants Request for Rent Stabilization Board Page Two March 25, 1981 1. Maximum Rent Limitation -The City of Los Angeles, Los Angeles County an Thousand Oaks are probably the most common of the Maximum Rent Limitation form of Board. Their Boards do not allow increases in rents to exceed 7%, 9.5% and 8% respectively, This form of rent con- trol is probably the most restrictive and the least acceptable to the owners. 2. Rialto Mobile Home Rent Review Commission - The City of Rialto has adopted a Mobile Home Rent Review Commission consisting of five members appointed by Council for one, two and three year terms. The Commission is comprised of one tenant, one owner, and three members selected at Targe. The Commission has the power to subpoena records and adjust maximum rents. Failure to comply with the Commission's decision fs a mfsdemeanor. The Commission only reviews those peti- tions from Mobile Home Parks where rents exceed 7% or exceed the Los Angeles - Long Beach Consumer Price Index. If the rent increase exceeds the C.P.I. and is not denied, then the petition is certified for arbitration 6y the Chairman of the Commission. If any party is unsatisfied with the result of the arbitration, the petitioners can request a full Commission hearing. The conclusion and findings of the Commission are final and there is no right of appeal to the City • Council. 3. Palm Springs - Rent Review Commission The Palm Springs Reni Review Commission is similar in composition to the Rialto Rent Review Conisston but includes all rental units and pro- hibits rents in excess of 3/4 of the C,P.I, Although this in itself is more restrictive than the Rialto Commission, the Palm Springs Com- mission's findings are administrative and not binding. There is no appeal to the City Council and any party not satisfied with the Com- missions' decision may seek judicial remedy. 4. Chino Mobile Home Park Rent Medtation Board The Chino Mobile Nome Park Rent Mediation Board is similar in com- position to both the Palm Springs and Rialto Ordinances. Petitions with signatures of 50% of tenants gr more are received and an "impartial forum" with the Board, owners and tenants is held for the purpose of assisting the tenants and owners in arriving at a rent equitable to both. The Board can conduct hearings and investigations but has no legal powers. If the owners and tenants cannot mutaully agree upon an Continued..... • ~~ Mobile Home Park Tenants Request for Rent Stabilization Board • Page Three March 25, 1981 equitable rent, the Board shall submit to the City Council its opinion of the proposed rent increase. If the tenants or owners refuse to participate, the Board prepares an opinion and report to the City Council based on the information available. 5. West End Mediation Board The least binding of all these options would be to refer all complaints to the West End Mediation Board which handles all rental complaints in the West End on a reference basis. A report was submitted to you last week outlining the composition of the Board and their success rate. At a minimum, the West End Mediation Board could be utilized by the City on a reference basis if the City's Rent Review Commission or Mediation Baard fails to resolve complaints or mediate differences between owners and tenants. The preceding alternatives outline a variety of Rent Review Commissions from the "restrictive mandatory form" to the factfinding advisory form to finally the voluntary mediation form of Commission. The ordinances and resolutions implementing these forms of Rent Re4tew Boards or Comm ssions are attached for your review. • If Council wants to adopt some form of Rent Review Commis=_ion, staff should 6e directed to prepare an appropriate Ordinance for your review. Council may want to appoint aCommtttee of the Council to work with staff in pre- paring this ordinance. Staff will prepare, under separate cover, a rough draft outline of the mechanics of such an Ordinance prior to the April 1, 1981 Council meeting. JR/vz Attachments c~ •- nn l,el "t~ • ~~ 1 r`Y P\ '0• S Office of the Clty Mannger (71413238201 March 2, 1981 CiCy o:(' PzL1nt ~.~~i~in~ Dn. i ~~n~. uevne ~p~wiJR~'4~1 Mr. Jim Robinson Assistant City Manager City of Ranchc Cucamonga Post office Box 807 Rancho Cucamonga, California 91730 Gear Jim: Attached is a copy of the Palm Springs Rent Control Ordinance. I want to emphasize that except for some minor changes made after the referendum that this ordinance was a referendum ordinance. • Neither the staff nor the Council recommended its approval. It is our feeling that regardless of whether one feels zent control is a good thing or not that the ordinance as adopted is not well drafted and is difficult to enforce. I should also point out that the ordinance was initially upheld but will probably be ap- pealed. I hope that this is helpful. Sincerely ^ /!// NOPMAN R. KING, City Manager NPX/mm Attachment: (1) • ay -.Ylw•.~i+Wru.n~nr.~..l~~wni• .. a1pxPXCF NO Ax CPoImANCE a rce <m a YA14 smlas Lnunw p[IIn OXPELOEY]INUry115 Yp4PGS a yromM+Ab W a a nanrry arm nunp In +vselry Iwr nraluY rYe. r+o-ery ramp aM uwsun torn agbnrq W[ pMlpe, Me M WLbYM erlnrale0n YI tlR enprnp Mu4M pwA rmpllNn a Mqn Oud[ mapgNY Ma9M M uM[ a a wmonrW PONnIYn p Yaae qlm SPIMa roupe'a Ma nW M Mu AwuM, lV WNEPFA£ mtl[ MMpfMy <mbllan rMaMY ma Yram AaM N rrMY[ m W Clly N Y+Im SPir9[. am a WnYly h IrbAA [N nply+a mr ws, mrralAa NYMa Y9 w yK'. wx. iMnpfOPl. m nlxMl. 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SMran P penal Innae.N II ary Pprrvar p An aenraaY a >Cp4[alrp-, N@n n tae rnnpE, su[n rmilrah+lYM ppl ah[ITY only Pwr3gn a i[plruupn, Te rom3[%NI porrfrav plm[bprYMY[ arcuwlex urnibn seawrr n tmnmm ro wnE~N er Ap n im [arm rn.n•T Ine rNidry N WS p0~.vaf ar ar1Y 4N mnFl O [IWlbrre], aysual G>MY [ k![ sN it h i nYpN m Te pFnlvq p11Y p pbirR IAf5F0. ANAPiFU ANp A WP[Fp M E+/ M 19 . [YYa a vu nn a raT sprnol AiiE51. tM tbl fRGI CITY CLERX Gtt Of PA(M SPPIiIG$ cox leas IRIM 9PAIYGS, CA 91163 OL4) J2J-8)04 if you have questtoez on these brd Lvancez pleaze call Clcy ' Attorney J2J-911t 3! ORDINANCE N0. Ltt) AN ORDINANCE OF THE CITY OF PALM SP RIN GE, CALIFORNIA, SUPPLEMENTING ANU FURTNEft IMPLEMENTING THE "DADS NANCE OF THE CITY OF PALM SPRINGS LIMITING RENTS ON RESIDENTIAL UNITS" HERETOFORE ADOPTED AT THE GENERAL MUNICIPAL ELECTION HELD AP RZL 8, 1980. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, GOES ORDAIN AS FOLLOWS: SECTION 1. Autho zi tY and Findings. This ordinance is adopted pursuant to Section 30 of "An Ordi nonce of th¢ City of Palm Springs Limiting Rents on Residential Units," adopted by a majority of the wte rs wting on the measure et the general municipal election held on April E, 1980. The City Council fi:.ds chat certain supplements and additions to Ne terns of said ordi- nance would add to the convenience of both landlords and to nonts .{,H.rrq,prsfw,.wv...:.;_gp;~~.,d-y in the administia ciao and applicaCion of said ordinance. The City Council furChez finds that this ordinance in no way diminishes • any protec ciao which Ne said initiative ordinance, adop [ed April R, 1980r affords to tenants. SECTION 2. Further Definitions. Section 2 of that certain ordi- nance entitled "An Ordinance of the City of Palm Sorings Limiting Rents on Residential clot ts" is hereby amended in ire following particulars; fa) By adding to Subsection "(a)" Nereo £, Ne follows n9: "The term 'residential rental unit' shall not include any premises subject to the transient occupancy tax of the City of Palm Springs for any period during which such tax is actually collected and paid to the City," (b) By adds ny to Sub se eticn "(b)" the rent, the following: "The term 'landlord' shall also include the owner, lessor or manager o£ any single Eamily residence which is occupied by a ten [c r." SECTION 1, Section 1 of that certain ordinance entitled "An Ordi- nance of the City of Palm Springs Limiting Rents on Residential Units" is hereby amended by adding to Subsection "(D)" Hereof, the following: "end any such unit subject to the transient occupancy tax of the City of Palm Springs Eor any period during which such tax is actually collected and paid to Ne City." S F.C TION 9. Ecction a of that re rta in oidinanc¢ entitled "An Ordi- nance of the City of Palm Spn ngs Limitiny qen is on Residential Units" is hereby amended by adding thereto Che following: "AS used he rc in, the to rm 'Consumer Price Index for the ' City of Los Angels s' shall mean that portion of the Con- sumer Price to dex published by the United sta cos Oe pa cement of Labor foi rho Los Angeles-Long Beach-Anaheim :ref zo politan • Arc a, designated as 'All Urban Consumers, All items, 1967 100.' Computation of rent increases allowable Dy Nis Ordi- nance shall be according to the fallowing [o caul a: lel 3~ Ord. No. l1V Page 2. lc2 Subtract 330.7 fCOnsumet Ptice Index, as above defined £or September, 19]9) from the Consumer Price Index for the closing month o£ the period to be measured. The -' ~~ ~ resulting Eigure is the index point difference. Divide the index point difference by 220.]. The to sal^_- ing Eigure is the pe reentage change in the Consumer Ptice Indexr expressed in decimal figures, for the period from September, 1979 Go the closing month of the period [o be measured. Multiply Such percentage change in the Consumer Price Index by .75. The resulting figure is Ne allowable percentage rent increase, expressed in decimal figures. Mul iiply the allowable percentage rent increase by the base zen t, as determined in Section 5 hereof. The re- sulting figure is Ne allowable rent increase, expressed in dolls xs, AC the landlord's option, for bookkeeping convenience, - ,.....'aa;, -.: ,y the rent (hose rent plus allowable increase) may be rounded to the nearest dollar, provided such adjustment • is made fox all to ntal units included in any group of rental units." SECTION 5. Section 6.5 is hereby added to that certain ordinance anti tletl ^An Ordinance of the City of Palm Springs Limi ti n9 Rents on Residential Units" as follows: "6 .5 other Mardshio Increase. If the City Council of Ne City of Palm Springs shall create and there shall crone iota existence a duly constituted and appointed board, commission or ocher public body, authorized to hear and de [e amine petitions or applications of landlords Eor hardship adjust- ments of rent, any landlord uho shall petition or apply for a hardship adjustment, and who shall be granted any ouch hardship adjustment as to any one or more tes ide ntial units, . may adjust the rent of such unit or units in en amount not area etl ing the emo ant of the hardship adjustment so granted or approved by such board, Comm issron or other public body, upon giving to the tenant such written notice as is required by law. Service upon a tenant of a copy of the petition or rw...^.w.,".. ,.,w,w,. »o...~. ,,, appli ca tton to such hoard, commission or other public hody for a hardship adjustment of rent shall be deemed to cans ti Cute [he no lice of re n[ increase referred to in Section 8 of ttie .. ordinance; provided, however, that the tenant shall be en- titled to at least thirty U01 days written na tice mE the actual de liar amount of any rent lne re ase." SECTION 6. Section ] of that certain ordinance entitled "An Ordi- nance of the City of Palm springs Limiting Rents on Residential V nits" is hereby amended by addrng thereto the following: "If a landlord who provides services to a rental ante in the nucure of utility services, shall reduce oc eliminate such service by separate me to ang or other lawful means o[ transEe rrinq from the landlord W the tenant the obligation Eor payment Eor such se [vices, Che • cost savings, iE any, re sal tr ng Erom such re due Gaon or ....,.^, .._....... 3 3 Ord. No. Itt] Page 3. elimination to be passed on to the tenant in the Eorm of a decrease of rent, shall be deemed to be the cost of sues transferred utility service for [he month of September, 19]9. If for any reason Ue utility bill for such service for the month of September, 19]9, is not repres en tafive o£ the normal or usual cost of such utility service at that time, of iE ei th eY landlord oz to na nc shall protest the use of the September 1979 bill- ing as the measure of such cost savings, then the computa- tion of such cost savings shall be based upon the average monthly charge for such service Eor the period of Septem- ber 1978 through Aurisc 19]9, i[alusive or such other period as the parties shall mutually agree is representative of . ~ such cost savings. "For purposes of this section in de teem fining to st savings to be passed on to the tenant in the fo nn of decreased rent, the cost of installation of separate utility meters, or similar o[ analogous costs to the landlord to sh iEt the obligation Eor payment of utility costs to the tenon [, shall not be considered. Nothing stated herein shall be ~mµva:aapNUw...a.n.:~z.r construed to proh ih it oz prevent the consideration or in- clusion of such costs, together with orh er opera iional • cos is of a landlord, in any proceeding before a duly appo in red board, commission or ocher appointed body, auiho zized to hear and de toxmine requests for hardship edjus wen ts." SECTION 7. Section 8 of that certain ordinance entitled "An Ordi- nance of the City of Palm Springs Limiting Rent on Re sidenci al Gnita" is hereby amended by adding thereto Subsec cion (d), to read as follows: "(d) If any notice of tent increase, served pursuant to Subsections (bl or (c) of Uis 5¢etion, does not state the actual dollar amount of such rent increase, a supplemental or additional ponce whi <h does state the actual dollar amount of such rent increase shall be served upon the cenan c, in the manner prescribed by law, not less than thirty (301 days prior co the e £fec Give date of such rent increase." SECTION 8. Rent Review Commission. (e) Creation. There is hereby created within the City of Palm Springs a Rent Review Commission, consisting of five f9) members, to be appointed by the City Council, to serve at the pleasure of the City Council. Ib) Uualif icatEons. Persons selecced to serve an the Rent Review Comm tssion shall be residents of the City o£ Palm Springs able and willing to render Eair and impartial decisions in matters per- taining to the administea cion of this ordinance. No person shall be ally ibla to serve on the Rent Review Commission who is a landlord or a tenant eE a can Gal unit or units sub jeet to the provisions of the ordinance of the City of Polm Springs lima Bing rents on residen- [SA1 UI11 C5. . (c) Term--Vacancies--VO tp. Members of t'~e Commission shall se[vc Eor the term p[o vided by Cha ptcr 2.06 0( Nc Palm Springs Munictpal Code, except that Chc members Eirsc so appointed shall, within 60 days of the appointment cf the last menber of the Board, 1 < J 1~4 Ord. No, lp) Page 4. "'- ""' a:ran a anon themselves, and re 9 4 port to the Cicy Clerk, the selection of ore ~ of [heir members whose term shall expire on the June IO th next follow- ing the appointment of such commission; the selection of two of their ' ~~ „ ~ members whose terms shall expire on the dune 30 to next Following the first anniversary of the appointment of such commission; and the selection of twe of their members whose terms shall expire on the dune 30th next following the second annive rsa ey of Ne appointment of such commission- A vacancy in Ne commission shall not impair the ~ right of the remaining members to exercise the powers 0£ the commis- ~I s ion pursuant to this ordinance. Three members shall cons ti[ute a ' quorum of the commission, antl any ruling, decision, or other action of the Commission may be taken by a majority of those members present provided a quorum is present. (dl DL scl osures. All candidates Eor appointment to the Aenc Re- view Commiss don shall disclose in a verified statement all present holdings and interests in real property, including ince res is in corpo- rations, trusts or aNer entities owning real property within Nis jurisdiction as defined by California Government Code Section a3035. Such disclosure statement shall be made available to the City Council prior to appointment of members of the commission, and shall be filed :1 wiN the City Clerk not less than ten days after appointment. Dia- ~ » a .e.. closure of holdings required herein shall be in addition to any other " disclosv re required by 9ta to or local law tar hol de cs Of public oftice. (e) Compensation. Members of the commission shall receive no compensation for their services on the commission as such, but shall _ be entitled to Yeceive $30 per member per hearing with a maximum of $60 per day for the conduct of hear ings of landlord's petitions for hardship adjustment of rent, SECTION 9. Pout rs and putiPS of the Commission. Nithin the limits- tions provided by law, the Rent Aeview Commission shall have the following powers and duties: i (a~ To meet at such times as may be regularly scheduled by the commission, or fmm time Lo time at the call of the chairman to hear and de [¢tmine petitions filed hereunder, at the requesc pE the City Manager, or otherwise to conduct business of Ne conmission, and to utilize City offices or tacilitias as needed and as avail- able. (b) To receives hear and determine pe ti dons or ocher requests .zr~~~~,",~ M F." of tenants or oeh er interested persons for the interpretations of _ the "Ordinance Limiting Aen is on Residential Vnits," hereinafter ~ " ' ~ referred co as "the ordinance." o[ Eor review of a landlord's actions purl lla nt to the ordinance. Tn he ari n9 such petitions or reque std of tenants or othor interested persons, the rommission shall have no I au NOri ty to fix or award civil penalties, damages or attorneys' fees, but shall have the eutho rE ty to assess against a landlord appearing in such proceeding Ne actual cost, in whole or in pare, of Ne conduct of such proceedings in those cases where the commission shall Eind and determine that the lanalo rd has, in fact, violated the terms of the ordinance. 2'hc Endings and de to [mina Lion or deoxslon of the the commission shall be available in written farm for use in any l udacial proceeding which may be brought pursuant to Ne ordinance. (c) To [e celve~ in Vestigate, hear and determine peti Glona of landlords for hardship adjustment o[ rent pu rsuanc to Section 6.5 of the ordinance. ............. 3~ ~r~wafrw.w:..,-.:..:-.. • .r.i.,.......~..,. ..~, w..w Urd. No. 111'! cage s. (d) 20 make or conduct such independent hearings or in- vestiga~ions as may be appropriate to obtain such information as ' s necessary to carry out its duties, and to tlelegate its pave[ to hear individual rent adjustmedt petitions to its individual r„embers as hearing examiners, or to such other hearing examiners s may be appo intetl by the City Council, or to panels of two or more of such members or othec hearing exami re rs. The commission shall review and make the final determination based upon the Eintlings of such hearing examiners or panels. All decisions of the commis Sion shall be prospective, and not retrospective, in ope ra iion and application. The commission shall have no power or avihoriiy to order the reimbursement o£ rent by a landlord to tenants, nor to authorize any landlord to impose retroactively any increase of rent. It Ghe commission shall find that a land- lord has accepted, [e cei ved of retained any rent payment in excess of the amounts permitted by the ordinance, or chat Ne landlord has oNerwise violated the terms of irte ordinance, the remedy of the tenant shall be a judicial proceeding pursuant to Section 9 of the ordinance. Nothing stated herein shall be con- strued to prohibit or preclude voluntary adjustment or settlement of any claims or causes of action Wh icY. may exist be tveen the landlord and the tenant. (e) To authorize an fine tease in the ma rimum amount of rent othe n+ise permitted to be charged oy a landlord pursuant to the ordinance. SucR authorization shall be given only in [hose cases where the commission finds that the application of the ordinance, apart from such authorized increase, results or Would result in undue hatdsh ip to the landlord, or mould prevent a land to zd Erom obtaining a just and reasonable re LUrn on the owne is property. Such authorization to fine cease the maximum rent may be granted fo[ a stated period of timer or pe xmanen tly as appropriate accord- ing to the facts. Such ad jus Gwent o£ maximum rent may take the form of a redetermination of. base rent, a surcharge of a given dollar or percentage amount, a separate charge for utility or other services, or such oth et Eo rm as Ue commission shall find most aop roo ria te. In de;erm in ino wherh er a hardship rent increase should ba authorised, the commission may consider, among ocher [ale vant factors, increased costs to the landlord or owner attributable to increases o[ decreases In master land and/or Facilities lease re ntr utility rates, property taxes, insurance, advertising, debt service cost, governme ntal assessments and fees, incidental services, normal to pair and maintenance, capital im- provements, upg radi ny and addition of amenities or sen rtes, net operating income, as well as just and reaso nab lc return on the owner's pmpe try. (t) To re ndoc, at lc ast semi-annually, a written re po rc to the City Council cpncc [ni ny its activi Gres, rulings, ac tionsr re sul es of hearrnys and all other matters pertine nc to the ordi- nance, rnclud inq recommendations (or ame n~Lnent thereof, within the limitatro ns of section 10 of Ne ozd finance. (yl To adopt, promulgate, amend and rescind administrative rules of procrdurn. Nothing in th rs Subnectron shall be construed as auchori ty Eor chc commission co make any admrnis trot five rules affecting the subs tan true rights of ev Cher landlords or tenants. (h) To marntain and keep a[ City Hall, hearing hies and dockets listing [he time, date and place of hewn nqs, the parties involved, the add ce ss es of said pa rocs and Ei nal drsposr lion of each such petition with appropriate findings. 3y lc5 lc6 Oid. NO. 1IV Page 6. ""- ~ """ (i) To recovvne nd io the Ciiy Council the adoption of a fee schedule setting such fees and charges as appear necessary or de- sirable to defray in whole or in part the cost of adminfstra [ion of the commission and conduct of its assigned duties. SECTION 10. Initiation of Commission Proceedings. (a) Any tenant of a residential unit affected by the ordi- nance, upon payment of such filing fee as shall be duly established, may petition the convni ssion for an interpretation of the ordinance, or fora determination whether a proposed or actual action by the landlord of such tenant is legal, valid, and within Me terms of the o rd anance. If the cgmmiss ion shall es Gablish fo xms for such pe ti [ionsr L'~e petition shall be prepared and submitted upon such Form. In Ne absence of such designated form, the petition shall wneain the name, address, and telephone number, iE any, of the petitioner, and Ne name, address, and telephone number, if known, of Ue landlord, owner, ma nagez, or oNer person authorized to represent the wnec Of the rental unit; a brief statement Of the Eac [s giving rise to the request Eor interpretation or determination; and a statement that a copy of the petition has been personally served et mailed to ....nu...,P the owner, manager ox other person authorized to accept and receive ,,, _ nO CiCC6 io C11C kind lO rd. (b) Any landlord of a residential unit affected by the oxdi- • na nee may, upon payment of such filing fee as shall be duly established, petition the commissron Eor an interpretation of the ordinance, or Eor a determination whether a particular proposed cou [se of action by said landlo td is allowable, valid and in conformity with the ordi- nance. The commission may designate forms Eor the filing of such pcu [ions. In the event that no such form has been designated, the pe ei tion shall be in writi nq, and shall contain the namer add xe ss and telephone number, if any, of the person requesting the interpre- tation oz opinion: the name and address of each tenant of a rental unrt owned or managed by the person requesting the interpretation of opinion, if it is intended that such into tp re ration or opinion affect such rental unit; a brief statement of the facts giv inq rise to the request for interpretation or opinion: and a statement that a copy of such peti lion has been personally served upon o[ mailed co each such tenant who might be affected thereby, fcl A landlord, or eny re pzasen to Give of Lhe owner, lessor, opera for or manager Of a rental unit aEf ected by the ordinance, upon ,i~~,.+.-•,~,•-ro".. payment of such filing fee as shall be duly established, may petition ,,, , the comet iss+on for a hardship increase of Ne maximum rent pe zmitted !o be charged pursuant to the ordinance. IE the commission shall designate a Eo zm for the filing of such petition, such pe ei Lion shall ^e filed upon such form. If rro such form shall be designated, such pc tit ion shall he in writing, verified by the applicant, antl shall co ntaan the nave, address and telephone number of the applimnt; the name and address of the tenant of each rental unit which would be aEEgc red if Ghe petition were granted; a statement of Ne Eac is g wrnq n se to the petition for hardship increase, in sufficient de- W11 that if e5[ab ll5h(i d, sVCh faCtS MO Uld dBmV n6 LCd tC the ¢X36 LC nCa o[ a herd sh ip upon the landlord warranting such hardship incre asa; a statement that a copy of the petition has been served upon or mailed m each tenon! of a rental unic which would be affected by the hardah ip increase iE granted. • .. ,, ....~.. ~ ~ ~ _ 3 7 Ord. No. 111] Pays ]. SECTION 11. Conduct of Commission Pra ceedincs. ' (a1 Each party tc a hearing may have assistance in present- ing evidence or in setting forth by argument his position, from an attorney or such other p¢zson as may b¢ deals na red by said party. (b) Formal rules of evidence shall not apply in commission proceedings, however, all oral testimony offered as evidence shall be under oath. (c) In the event that any party shall fail to appear at the time and place sei Eor hearing of a pa tit ion, the convnission may hear and review such evidence as may be presented, ana may make such findings and decisions as shall be suppo zted by the evidence presented. (d~ The commission, or des igna ced hearing officer, shall make findings based on the evidence as to each fact relevant to the commxss ion's decison on the peti tie n. The decision of the commission shall be based upon the findings, and shall (1) inter- pret the ordinance; and/or ~2) de tezmine whether the action or -w-.na proposed action of a landlord is valid, permitted, and in can- ...,, ., _ fo rmi ty with the ordinance; and/or (l) determine whether a hoed- . ship ezis ts, and if so, the nature and amount of relief to be granted or authorized to the landlord. (e) '1Te coimni ss ion shall make a final decision no later than ten days aF tee the conclusion of its hearing on any petition. No rent increase shall be au rho zized unless supported by Ghe p reponde [once of the evidence. A notice of the cormisa ion's decas ion shall be sent to each party to a proceeding. Unless good cause to the contrary shall appear, each tle cisien of Ne commission shall apply on a unit by unit basis, taking into ac- count chc possibility of differences in base re ntr services provided, and other factors differs r.cia ring rental units. (E~ Nothing in this ordinance, o[ in any de<ision of the Rent Review Commission shall require any landlord Co ra lse rents or charges [o tenants. If an increase in the maximum permissible renc is authorized, a landlord may raise rents or charges by a lesser amount, or fora lesser time than is autho- xized by the decision of the commission. .ew..,ti..~.n.~ ., (g) The findings and decisions of the commission shall De final admani scrativc action. There shall be no right of appeal " "' to the City Counc ll. Such findings and decisions shall be public .. records, and may be certified by the seers at[y of the commxssion, if any, or by the city clerk. s F,CTI09 12. Alto rnativ`ProcedureNot=~ndato ry_ The proc_ed- inys of the Rent~6evf ew Comm isszon are al !erns uve administrative pro cecd~ng s-, and arc not mandaco [7. No person, who then landlord or LennnL is regal rnd to file a pecation, nor to carry proceed- ings before the rommassion to co nclusran before ere rcising the right to seek judicial relief pursuant to Sections 6, 9, L1 0[ ti of the ordinancn: provided, however, chat the filing of an action in any court nE mmpc tent jurisdiction by a party who has filed a Mti Lion with the commtr,sion seeking the same oc similar relic E, shall be doomed Cn be an abandonment of the petition before the wmmisston if the sane shall not have proceeded to Eanal i<] 1c8 Ord. Na. ill] Page 8. ""' dectsio n, and the commission may thereupon stay all fur U:ez pro- eedcngs upon such petition; provided furthe[ that if a co uri in which any action is filed pursuant to the ordinance shall, in the exercise of iGS discretion, stay or abate such judicial proceeding, with ar without referral of such ace ion to the commission, and who then or not a petition has thereto EOre been filed with the coam issio n, the commission may receive, heat and determine any positron theretofore or thereafter Ei led as iE no such judicial proceeding were pending. There shall be no appeal, as such, from a final determination of the commission. A party not satisfied with such decision may then seek any judicial remedy provided by the oraina nee or ochetw ise provided by law. 5'cCTION lJ. Priorities--Timeliness of Proce edin s. The Rent Re- view Commission shall es [abl lah ca tegones of petrtions or re- quests, and may set priorities for those catego zies deemed most urgent. In view of the pto sections provided far [e pants el sewhe [e in this ordinance, the hig nest Frio ri ty for the proceedings of [he corm fission shall be given to the caeego ry for petitions of landlords for hardship fine rease, and among such peti bona, the highest prix rz ty shall be given to petitions based upon he rdsh ip alleged Co be created by the landlord's payment of utilities or oih er necessary services used in rental units. The commission shall so arrange its affairs Nat each petition filed by a landlord seeking a hardship rent increase shall be heard and determined not later than 90 days following the filing of such pe<•Lion. If ehe commission shall deem it necessary in order to meet such time eons traints, it shall zequ_s[ of the City Counsel the appoin[menc of one or more Tearing officers to hear such cases, make findings thereon, and recommend disposition thereof to the commission. In any c e in which a vac itied peti- ' trop, or an aEEid avi[ or declacatiov under penalty of pe rjucy has been filed Sy a landlo ra std ring facts which appear prima facie to constitute a hardship, iE such petition is not heard and determined wrthin 90 days of its filing, exclusive of any delays requested, consented to or caused by the landlord or his representative, no Ee es, cha rges or costs shall he charged or assessed against said landlord for any of the hearing costa of said commission. SECTION 14. Effective Date. This ordinance shall be in full force and effect thirty (l01 days ~af ter passage. ,r„_.~w SECTION 15. Publication. The Clty Clerk is hereby ordered and direc [ed to certify to ehe passage of this ordinance, and Go cause same ur a summary thereof or a display advertisement, duly prepared _ according to law, Lo be published in ecco rdance with law. ~ ADO PTEO this let day of October r 1980. AY F. S: cauncAlvpnAers Fle ld, Rose and 4 ,or .byle NOES: CauncilmenSer nc roar A RS ENT: Counctlramber Ile l rl ch ATTEST: CITY DF PALM SDRINGE, CALfFO RN to By /s/ J. sumtch ~ /s/ John F. Doyle Deputy City Clerk Mayor REVI E'.:ED c APPROVED t.~lr ll I,. • r~ L A' . • Ordinance Na. _ AY OROINI VCE OF THE GI iY Cp@:C 1L OF THE CITY OF ... - ., BTATC " .. ~.~ V "V " " HOBILE HOME PARK AOV [BOAY CpM1IiiEE ~~ =. THE CITY COUNCIL Of THE CITY OF MONTCLAIR DOES ORDAIY AS fOLLONi: MOBILE NOME PARK ADVISORY C0.sNIiiEE SECTION 1. ScDPE OF ARTICLE There is presently within the Cf ty pf Montclair and the Surrounding arees, a shortage of spaces for the location of mobile homes. Because there is a shortage, there is a low vacancy rate, and rents have been for several years, and are presently, rising rapidly and causing cpncern amongst a substantial nunber of Montclair residents. Bece use of the high cost of moving motile bonus, the potential for damaSe resulting therefrom, the req ut renznts relating to the fns tallat ion of mobile homes, including permits, landscaping and site preparation, the lack of alternative homesi tes for mobile home residents and the substantial investment of mobile homeowners in such banes, the C1 ty Council finds and declares it necessary to protect the owners and occupants of mobil! homes from unreasonable rent increases while at the same time, recognizing the need of the park owners Co receive a "fair return" on their Coves tnwnt and rental increases sufficient to cover the increased cost of repairs, maintenance, insurance, upkeep and additional amenities. '.W"nv%Mee~a SECTION T. DEFINITIONS. • (1) "Comm ttee." The Mobile Rome Park Advisory Committee estaDlis bed Dy Section 4 of this Ordinance. (2) "Members." Committee persons pf the Mobile Home Park Advisory Committee. (B) "Space Aen0." The cons ide ra lion, including any bonus, benefits or gratuity demanded nr recef ved in <onnectl an wi CA the use and occupancy of a mobile name space in a mobile home park, or Por the transfer of a lease far park spare services and amenities, subletting and security deposits. but exclusive of any amounts paid for the use of the mobile have dwelling unit. (4) "Mobile Nome park Owner." The owner, lessor, ppe ra tar or manager of a mobile Aome park within the purview of rids Ordinance. (B) "Mobile Home Resident" or "Resident." Any person entitled to occupy a mobile home dwelling unit pursuant to pwnership thereof or a rental or sea ze arrangement wi to the owner thereof. ' .rar,,..",.., SECTION 3. APPLICABILITY. TAe provisions pf LAis Ordinance ' sha11 not apply to any nob i le home park wAi ch contains fewer than fifty (50) space;. SECTION 4. AOV 1BpRY C0~"..H IT iEE ' (1) There is hereby creased within the City of Montclair, a NoDile Mome Park Advisory Conmit tee, consisting of members, the membership of which shdP be appoin [<d by [he City Counnl to serve at the council's p1edSYfP.. • f ,:,1 _ `1 f... / „ _ C.!'~ ~l ~.... . . _ . . ~~ (2l Two rembers shall De mobile home residents and shall De selectetl by the Lity Council. (71 ino members shall either 6e the mobile home Dark owner, operator or manager ar agent the reaf, and shall be selected Dy the Lity Council. (a) The fifth, sixth, seventh. eighth and ninth members shall be fam111ar with mobile home park living and/or operating a mobile hrne park and shall be selected by the Gi ty Council. (b) The tenth member shall De the Mayor of the Li ty of Montclair. (b) The eleventh member shall be a City Council person selected Dy the City Council. (7) The Melfth member shall be the Director of the Nausing and Retlevelognen[ Department of the City of Montclair. (D) Members of the Commi t[ee shall serve for terms of three (7) years. A nember chosen to fill a vacancy created Diner than by expiration of a term shall be appoi nfed far the unexpired tens of the member whom Ae is to succeed. A vacancy in the Committee shall not impair the right of the remaining members to exercise the porrers of the Committee. Mai on ty offs rvu ti ve votes are required for a ruling or decision. (9) Members of the Cammi ttee shall not Da compensated for their services on the Lommi tree. SECTION 5. POKERS OF THE LOMPAITTEE. Nlthin the limitations provided by laM, the Committee shall have Lhe folloeing posers: (i) To meet from tine to time as requested by a member or the City Ceuncll pf the City of Montclair, or upon the fil in9 of a petition by residents of a mobile none park, as defined herein, and to utilfxe Gity offices and/pr foci ll fist as needed. (2) To receive, investigate, hold head ngs on and Dass uDOn the petitions of mobl le home residents as set fortD in tMS Ordinance. (3) To make or conduct such independent hears ny5 or investigations as may De apDropM ate to obtain such information as is necessary to carry out their dunes. (4) To eddust maximum rents or service charges either upward ar dormward upon completion of their hearings and lnvesti9ations. (5) To render, at least semi-annually, a comprcnensive eri tten report to the City Council concerning their acttvitles, rul in9s, acHOns, results of hearfngs and all other matters pertinent to this Ordinance ehich may De of interest to the City Lounci 1. (lij To adapt, promulgate, amend and rescind administrative rules to effectuate the Durposes and policies of this Ordinance. (7) To maintain and keep at City Nall, mobile home park nearing files and tloc ke is lists nq the time, date and place of hearings, the parties involved, the addresses involvetl and the final disposition a/ Me petition. I' • yi SECTf Gil fi. AOV iSORY CG•M ITTEE REV IEH Ai10 HEAP.I.'iG PROLE GURES (1J A11 hearing requests regarding moDf le hor..e parks must be submitted nn a wrj Lien n=rifinn a ved by rnrr than fiffv nerrent (509') of the residents of Che Dark, stating specifically !nose items which require review. General statements of complaint will be unacceptable to the Committee and Mill De referred back to the complainant for further refinement and clarification. Upon receipt of a request for hearing, the Committee shall hold a hearing no sooner than ten (10j days and no later than forty (40) days, at a place and time to be set by the Carmit[ee. A reasonable continuance may be granted tf stipulated to by bath pa rtaei or aC the Comm [tee's discretion. A71 written requests for review and hearing shall be made to the Director of Housing and Redevelopment. (2) qll mobile home park advisory review hearings shall be open to the public. (3) In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, Che Committee may hear and review such evidence as may be presented and make such decisions Just as it both parties had been present. (/) The Comm ttee shall make a fines decision no la Ler than Len (10) days after the conclusion of its hearing on any petitimn. In the event a hearing is set to consider rent or service charge increase ar a proposed rent or service charge increase, no rent pr serv lee charge adjustment shall be granted unless supported by the preponderance of evidence submitted at She hearing. All parties to a hearing shall De sent a notice of the Committee's tleci si on and a ccpY of the findings '"~"~`"'~''"'""" upon which the ded lion is based. "°"" ~~ • (fi) Pursuant to the findings of a rent or service charge increase hearing, the Camml flee shall require the mobile home vark owner, opera tar or manager to: (a) Reduce the rental or service charges to a rate to be de tennined Dy the Committee. (b) Lan ti hue the rental or service charges as they existed under the former lease or rental arrangement. (c) Increase the rental or service charges to a rate set 6y the Conmittee, or to the rate reques [ed by the mobile home park owner, operator or manager. (fi) Any rental or service charge increases which have Deers collecte0 by a mobile home park owner, operator or manager pursuant to an increase which iz the subject of a petition for hearing and whl ch is later Bete rmined Dy the Cammi [tee to have Deers excessi v^, sha 11 be either returned fo the residents or credi tetl to future rental charges within the fo11ow1ng six '~, .~.......,~- (6) months. ., ..:. . (7) In evaluating the rent or service charge Increase proposed ar effected by the mobile home park owner, ope ra tar or manager, Che Committee Shall consider increased costs to the owner attributable to increases in utf ll ty races and property taxes, insurance, governmental assessments, cost-of-living increases attributable [o inri den tat services, normal repair ana ina intena n<e. capital improvements, uDgra ding and addf ti on of amenities or services as welt as fair rate of return on coves tment. • ~a (D) The conclusions and findings of the Committee may DQ appealed tp the CS ty Council of Me City of Mpn tclair by petition. lpl Fa{lure or refusal to crmoly with the Li ty fpunci 7's requirements shall be a misdemeanor. SECTION 7. SEPARABILITY. If any secflon, sentence, Clause or -. ._, phrase ar portion of this Drdi nonce is for any reason held invalid or unconstitutional by any court of competent jUrisdictjpn, such portion shall be tleemed a separate, distinct and an independent provision and such decision shall not affect the validity of the remaining portions thereof. SE[iION 8. PENALTY. If any Person shall violate any of the provi- sions of this ordinance, he saa11 De deemetl guilty of a misdemeanor, end upon conviction thereof, shall be punishable by a fine of not more than Five Xundre0 Dollars ($500.00) or by imprisonment in the County Bait for a period of not more than six (D) months, or by bath such fine and imprisonnent. Such person shall De deemed guilty of a separate offense for every day during such portion of whicA any via la ttan of this ordinance is cammi tted, cants nued Pr penni tied by such person and shalt De Dunish- able therefore as provided by this ordinance. SECTION 9: This Ordinance shall take effect and De 1n force Shirty (]0) days after the tlate of its passage, and the Ctty Clerk shall certify to the adoptt on of [A1s ordinance and cause the same to be published and posted in the wooer repot red by law. DASSED, pWPTED ANO APPROVED by the City Council of tAe City of ..~. ~w,,,,~,,,4 Montclair this _ day of , 1979, by the foil m+i ng roll call vote: "' AYES: COUNCILMEN: • NOES: CWNC ILMEN: ~ ABSENT: COUNCILMEN: ATTEST: ROL N. M YES, Io1Y OR O THE CITY OF MWTCLAIR Gertrude Hi , Cf fy C ark 1 L J 7 a !~ N-~. ga I ~ . - pESOnuTxoN No. 80-99 'i A RESOLUTION OF TILE CITY COUHC IL OF TIIE CITY OF ~ C11I NO, CALIFORNIA, CREATING A MO BILEIIOMF, PARR i ACNT MEDIATION DOARD FUR TIIE CITY OF CHINO ~ WHEREAS, the China City Council has received numerous complaints from tenants relating to rental increases and property maintenance in mobilehome parks; and WNEREAE, the Chino City Council has reviewed a SuDStantial amount of data and taken Lesti many From numerous la nd lo[ds and tenants concerning rent increases in mobilehome parks; and WHEREAS, the value of mobilehome parks within the Ciiy of Chino has increased rapidly over the pass several years; and wEEREAS, certain mobilehome park tenants have experienced large annual rent increases; and WHEAE,ASr the Chino City Council desires to limit the involvement of government in the establishment of rents in mobilehome parks; and WHEREAS, the Chino City Council desires to pxamo[e establishment of rents which are equitable to the tenants, which provide a reasonable rate of return to the mobilehome pack owner, and which are based on a conside za ti on of all pertinent economic factors; and WIICREAR, the Chino City Council finds that the formation of a Mobi lehome Park Rent Mediation Board would assist in providing Eor .~ • rents in mobilehome parks Ghat are equitable to both the mobilehome park owners and tenants in the City of Chino; NOW, THEREFORE, HE IT AESOLV ED by the City Council of the Ciiy of Chino as follows: 1 SECTION 1. MOBILEHOME RENT MEDIATION BOARD A. There is hereby created the Chino Mobileh Ome Paxk rent Mediation eoa rd [o be comprised of five members appoin i¢d by [he City Council. i e. The Board shall consist of one mobilehome park tenant, one ' mobilehome park owner, operator, or manager, and three members who are neither mobilehome park tenants nor mobilehome pa xk owners, ' operators, oc managers, not who have any direct interest In mobi ledaire pa rY.s. C. The Board shall automatically be disbanded at the end of three years, unless extended by the Council. 0. All members shall be appointed Eoc the,full th rc¢-year Germ. ~. SECTION ]. MEDIATION PROC 655 A. The Board sh nll be convened in the. event that a rent increase occurs at a mobi l¢h omn park and upon receipt oC a petition opposing Hoch incrcasn siyned by at lc ast 50 percent o[ the tenants affocted by the inc re a^.e. The petition sha l] be accompan icd by a Lee of $300. • 0. Any petition opposinry a rant inc cease shall De submitted to the Board within 30 days of cex Hatt Cica[L on Dy the owner to the tenants of the proposed incrc ace. ' C. •Phc Board shall be advi zed by the mobilehome park owners of any proposed rr. nt increase at Um same trmc that tenants arc 1 notif icd, ../•/ D. The Doard shall notify the mobllehome park owner or manager Of the petition and shall invite the owner and tenants to participate in a mediation conference. Tenants and owners each may be repre- sented by not mote than four individuals unless specifically authorized by the Board. SECTION 3. DUTIES AND RCSPONBI BILITIEB OF THE RDNT MEDIATION BOARD A. IL will be the purpose of the Aent Mediation Doard to provide an objective, impartial forum for the purpose of facilitating comment cations between mobilehome park tenants and owners to assist tenants and owners in arriving ai a rent th of is equitable to both. B. The Board shall have no legal powers, but shall attempt to guide the parties toward a mutual understanding of one another•s viewpoint, thereby enabling the parties to be fully informed of tall pertinent facts. By doing so, each party should be able to intelligently evaluate the other party's position, thereby permit- ting them to adjust their position or accept the other party's viewpoint based Upon this information. C. The Board shall make or conduct such independent hearings Or Snvestigati ons as may be appropriate to obtain such informs tion as is necessary to carry out their duties. D. In the event that owners and tenants cannot mutually agree upon an equitable tent after the mediation process Aas been completed, then the Board shall prepare an opinion stating its view of the faces and whether the proposed rent increase appears jus rifted and equitable. E. In concluding its opinion, the Hoard shall address [he • following to the extent that information is available: (1) The amount of the increase proposed; (21 The relationship of rho nroFesed increase to ace.^.o.^..ic 3ndi tarots, such as the Consumer Price Index and Feir Market Aents For government subsidized housing; (3) Whether the proposed increase is necessary Lo provide a just and reasonable return to the oune r; (4) The cost of pzoPe rty taxes, operating and maintenance expenses, and new eepitel impeovements as they may affect the proposed rent; (5) Any other factor which the Hoard determines to be relevant in establishing an egvitab le rent. F. In the evo nt Uat the tenants or owner refuses ko parti- Pate in the mediation process, the Board shall prepare an opinion and informational repoct based on the information available. G. The Board shall rehder comprehensive written minutes to the City Covncil concerning their activities, opt ni ous, actions, resin cs of hearings, and all other matters pertinent to this resolution which may be of interest [o the Council. APPROVED AND ADOPTED THIS Z].S tDAY OF OCLObE:T 1980 -- Mayor, Cr ty a[ Chano a • y~ u • f~ ii I 1 ORD::iJ,\'dCE ": Ct, 009 2 ~~~~ AN ORDTNAIJ Ctr; Or TkiL•' CITY COU+CI:,, CITY OP RItll;iO, STA';B OP CAL7I~ORNIA A;iB'JDI'v'G TkiE 3 i RIAL'CO MUNICIPAL COUP BY ADUIi~7G TITLE 4 6N1'ITLED CONS UiE P. PROTECTION. A 5 Ch auto 4.01 G MOBILIi ]90;QE RL•'[~i IiBVIEw C07i1LS;iI O:J 7 i THE CITY COIT.:CI7_ OP Tllli CITY OF P.IAL'iO DO$S OP,DAT.N AS S ! FOLLO:dS 9 4.01,010_ Vurnose_ The City Co vn cil finds and tie elates 10 iiiL ne cecsary to mote c.*_ Nte owners and Deco?ants o= noL ile hc~^~as 71 ifron: urtreasonab l.e rent increases while at the same time, iz irecnfnizing the need oi: rite nark owners to recei•.-e a "Pair 73 Irei'urn" on their investment and rental increases sufficient to lq l cover the increased costs of. repairs, tnaintenan ce, insurancz, 15 il~upl:eep and additional amenities. 15 I 4.07..020iDefinit:ion=. The fo Llo;v i.ng words ant pitrescs, 17 ~~for the purpose o£ this ct:anter, near. as defined in this sect.cr.: lfi i (1). "Commission". 'fire htohil.e Home Gent Ro vi.ee; lv ~I Commission es Cab Lishcd by Sii C'CI Oil 4.01.040 of th i.s Ordi.n ante. 20 ~I (2). "tiembe,-,", Cora~,iii.,s i.one rr: of the `!obi le Florae 2I ~.~Rent Rc.vicw Commi.sr;ion. c2 ~~ (3). "Spnce item". The consi.uc~.r~+ti on, i.~~tcluding anv 2+ ~!l>onus, bo~aafies or ;rntui.ty P.cmondca or rc cci.vod in connection 2A ~,~~~taith the use and occu-~.-m cy nf. a mobile hetan space in a mn6 i. i.e i5 ~',hc!rs nat'r., or, f.ur the (:rani. fc~ 01 a i.ca::e for earl: apace, 26 ~'~, scrvi Dos and a.^.onie.i c.+, ouLtlrl t.i n;; m;~i sccuri.Cy donor, i,CS, buC 2'7 ~o.xclus i. ve of any ;:nuir~.i t:; paid for Llte osc oP Chc taobi le home ~' i ii y h 1 I j (4). "i:obile Home Pnrle Ocaner". The own^r, lersor, ' 2 operator or manager of a mobile home park within the nurvi.ew of • 3 ,this Ordinance. i 4 (5). "Mob i.le Home 'l'enan t" or '"Penan t", My person 5 li l enti tlcd to occupy a mobile home dwelling unit purs;:ant to 6 l i ownership thereof or a rental or lease agreement with tl:e oorner ' 7 ~thercof. 8 I I (6). "Base Rent". T'ne space rent charoed for any 9 j I i ;n:mile home dwelling unit space in effect for that: space on IO I ~ l Aovember 1,19 u0, or any s±tb r•equer,C space rent which may be Il I ~,lower than the rent in effect on :7ovember 1, 1930. i 12 i j 4.01.030 Aa~cabi.lity 13 i (1) The provisions of this Ordinance shall apply to 14 jany mobile hone pari< eri thin the City of Rialto. 15 I i I (2) "None of the provisions of ttris Ordinance shall 'I l 1G I i prohibit any tenant of a mobile home nark from entering, into a t 19 ~ jwri. t:ten lease with the owner of said park which, by its terms, 18 j ,?rovides for rental increases greater than would be allowed by 19 ' 'Ith i& Ordinance. 20 i t 4.01.040 _:lohile llon,e Ren*_ Re vi eor Cncsti.s=iori\ 21 I (1) There is hereby created c/ithin the City of Rialto, 1 22 ' la t!obi.le 1!omc Rcnt Review Cotmaission, consi::ting of five (5) 23 ~ ,rel;ul.ar member„ the mer„bcrship o,: which shall. be aunoin led by 24 ~ilCho Cicy Co~.uicil to serve at the CaunciL's pleasure, and three (3) 25 I~I~lulte rn ate r.:^;abcr: e~~ be c6 os~u by Chu fi. vc (5; regular members ' 2G j'subject Co approval Ly the C.iCy Council.. 77 i (2) Oue of the re. rolar r..~mbr.r; shall, be a mobile ?;ome 28 i'~cnmtC ,md shrill bo aelecCed by tl:e Ci.t Council. from a ]i;t of i~ ~ II i I I -7 L' / I ~~no more than eh ree appl.i cants supplied through the Mobile Home • 2 Ten an is AssociaCi.on. 3 (3) One of the regular meml:e rs shall be a mobile hone 4 nark owner, onerator or manager and shall be selected by the 5 Ci Cy Council from a list of no more than three applicants suop lied 6 through the ?tiob ile Home Park Owners and Operators Association. 7 (4) The third, fourth and fifth regular members shall ~ g be neither mobile home teu ants nor mobile home park owners, f 9 lope ratora or managers, but shall be selected by the City Council 10 ~%from a list of appl. i.car,ts at large. ]l (5) One of the alternate members shall be a mobile 12 Tome tenant and sh ali be selected by a majority vote of the ]g I£i ve regular members from a list of no more than three 14 Kapp li cants supplied through the tiobi le Home Tenants Association. • ]5 T!iis alternate member shall not be a resident of or have a l IG f. i.n an cial intr rest in the mobile home park in which the re vuiar 77 !;tenan r-meiaber resides. 18 '! (5) One alternate member shall be a mobile home park u 19 ~ wner, operator or manager and shall be sa_].e cted by a maj erity 20 li•n to of the five reF ular members fro? a list of no more than i n 21 th ree applicants suppl. ied by the ?4ob i. Le Home Park Ocm ers ar.d it 42 f)eratora Association. This alternate member shall not he an Z9 9naner, operator, man a/.;er of nor have any Pi.nanci al intc rest in n 2n the mobi].c home nark rep rrn<•n ced by the regular owner/operator;- ~!~ 2$ nlan a,°,eY ipC tuber, 2G !!j (7) O;;c ;il Cernnty member shad be neither a mobile home y~ ,tenant nor. n mni~ile home part: o•„•ner, onerator or mana~cr and shall S 7. ; l.'l llll ~I ~ _1 ~f F 1 be selected by a majority vote of the five regular members from 2 a list of applicants at large. 3 (8) Each r,.ember of the Commission, both regular and 4 alte m ate, shall be a permanent resident of the City of Rialto. 5 (9) No member of the Commission, either regular or 6 alternate, may varticin ate in the hearing or decision o£ a ~ petition conce wing a mobile home park in which he or she g resides or has a financial or management interest. I 9 I (10) The three at large regular members shall be ' 30 appointed for terms of one year, two years and three years 11 respectively. 12 (11) The regular member who is the mobile home tenant 13 shall. be appointed for a term of three (3) years. t4 (12) The regular member who is the mobile home park 15 owner, operator or mana;er shall be appointed for a term of • I 1G i~l'hree (3) years. 17 I' (13) The three alternate members shall be apaoi_n ted 18 Ifor a term of one year. Nothing in this Ordinance shall pzolribit 17 Ian alto rn ate member from being reanpoin ted for a second one year 2!) It erm. 2l (14) No member of the Commission, either regular or 22 ialtcrnate, may serve more than two consecutive full terms. 23 ~ (15) A mc~miber chosen to fill a vacancy ere atcd other 2A lthan by expiration of a tcr~.t shall be appointed for the unrxr.irad 25 ~'te rm of the member whom he or she is to succeed. 2~ I'll (16) A oa cancy in the Commission of one of the at- i~; Zq I,lar.E;e positions steal.] pct impair the rif;hl' of. thn remaining 7.S '~,'1/l ~ ll~ 1 ~ ~l9 ~I 1 members to exercise the powers of Che Conunicsion. Three (3) ~ • 2 affinna ti ve votes are required for a rulinE or decision. I 3 (17) An alternate member may only repi ace a re pular 4 mamber~of the same category--tenant; owner, operator or manager; 5 at at-larga. The alternate members shall sit on the Conmiss ion G when his or her corresponding regular member is either absent i 7 or disquaLifie d. 8 (lf3) Neither regular nor alternate members of the 9 ~Oonv^ission shall be compensated for their services on the ]p li Carnnission, but shall be entitled to race ive the sum of thi rt_r ]I dollars ($30.00) per person, per hearing, and a maximum of 12 s hay dollars ($G0. 00) per day, when he ari.ng complain is from I3 the ten,;n es of a park with respect ~to a rent increase by the ' lq park ownership as hereinafter Fro vi de d. • 15 ~ 4_01.050 Pnc: ors of the Commission. i•7ithin the 1G li i mitati ohs provided by law, the Commission shall have the I7 +I following powers: 18 (L) To meet from time to tine as requested by the City ~ 39 Admi.n istratar of the City of Rialto, or upon the filing of a 20 fpeti ti on after. the failure of arbitration and to utilize City 'll pf£i cos and/or faci.lit ies as needed. 22 (2} To receive, im~es Ci.gate, hold hearings oa and vacs ~ 23 ~upon the petitions of mobile home ten nn is as sea forth in th i.s ~' 2n, ~ Ord i.n an ce. 25 (3) To m;:i:e or. co^duct,~, such it ate hen den t' hearins or ~ 2G investi;atirnts as may be npnropriate to obtain Such information I 27 as is necessary Cp cnrrv nuC Choir due i.es, • 28 !~~/,// ~~/~ II 5 ~~ i t S- it 1 , (4) To adjust rtaxinmm ]rots either upward or dowmoard 2 ]upon comple t.i on of th air hearings and investigations. • 3 (5) To render, at least semi-annually, a co nn reh^nsive q noritten report to the. City Council concerning their activities, 5 rulings, actions, results or hearings and all other matters G PertinenC to this Ordinance which may be of interest to the City i ~ ~Coun ci 1. All such repot. is are to be matters of nub lie record i g (which may be vieeued at the office of the City Clerk or may be g ii copied unon written zeq uest therefore and unon nnyment of ~; 10 i~. app ropriate cost of reproduction. 11 I' (G) To adopt, nro;:ulgate, amend and rescind admi.nistrati.w~ 12rules to effectuate the purposes and policies of this Ordinance. 13 I (7) To maintain and keop at Ci[y Hall, mobile home I iq (rent review hearing files and dockets list i~ng the time, date, 15 iand place of hearins , the nar[ies involved and the final • I 16 %disp osi ti on of the neti lion. These files and dockets are to 17 ~i~be a matter of public re co rd and are access able to the public i 18 iac cording to the zules and procedures enunciated i.n Paragraph 19 ~(5), above. 20 (S) To assess such amounts of money aF;ainsc the "hearing 21 (deposit fund" upon the conclusion of the hear inF, as may be I 22 ~reasonab ly necessary to compensate the me^.;bers of the Commis inn 23 I~in accordance wiCh L'he provisions set forth in Se ctior. 4.01.040, I,, 2q ;Nn. (lfi), not to exceed the sum of three hundred dollars ($300.00) 25 i~, and Co assess such nmc un is nf. money a{ia inst Che "heari. n {; deposit 2G ~~,fund" upon conclusion oI the haarine, as Wray be realnnablc to N 27 ~, compennate fur clcarical duti. e:, perfor; ,od b; Ci.l'y Staff, not Co i,i • 2g ~jo xceod th re r- hundred dollars, (x300.00). I -6- iI s~ u C, J .: 1 4.01.0 F,0 Initiation of Cotruni ssi.on Review, ArbiCra*_ion and kle art:ng Process. '~ 2 7 ~J (1) Upon the written pe ti t.ion of the resident(s) of 4 more than fifty percent (50`/,) of the spaces of. a mobile hor.~e i 3 park, who will be or have been within a sixty (60) day ueriod 6 subject to a rental or service charge increase, the Cormtission y in executive session, shall review the petition. Said review g ,shall result in ore of the follo~.a ing twc ontions: 9 i (a) If the re~at i.n crease which is the subject of JO j the peti Li on coma ores t'+ the 1. sser of either 11 ! seve±x percent ('Il) of the base rent o,. one hundred i 12 percent (100%) of Che percent a;;e by which the 19 Los Angel.cs - Long Beach - Anaheim Me tropo loan 14 ; Area Consumer Price Index for Urban Flage Earners I )5 I and C.l.ericai Workers, as reported to the U. 5. 16 ~, Bureau of. l.ahor SC aC is tics, has increased in the 57 I~ twelve (1.2) months immediately nroceudinv the ]Y ef.Peccive date of the sub,jec,_ rent increase, the lY i~ petition stall be deni.cd. 20 ~ (b) If the rent increase which is the subject of 21 the petii'i on is not do Hied ^. ors uant to Parap;arnh it 22 (1) (a) ab ode, i.t shall },e r_e rtificd for arbitration. 23 ~~' (2} If a ne[iCi nn is ccrtxfied for arbitration pursuant d 24 ~;~Cu t'nc provisions nf. Section 4.(J 1_060, Pln. Cl)Cb) the foil oca ir~g 25 prncr.ciurca r~bnll, be u:,;:d: 2L• (a) 'fie arbitration a~i',. 1. v^ conducted by the 27 dt:.;. r:,vm of Cite Cutr:m i:,'~: i.en who wil.1 act as the 2 arbi n'p t:: r.. , I I ~ ' ~- ~I ~ a- t i (b) The arbitration shall be an informal, non- 2 binding proceeding for the puraose of resolving 3 the issues pre rented in the ne ti ti on caithout the q need for a full hearing before the Commission, 5 (c) The arb itrator shall, within Chirty (30) days 6 of the certifica ti.on of the ne titi on by the ~ Commission, give at least fifteen <15) days g written notice to Che Harries to the arbitration. q The notice may be either personally delivered or t0 sent by U. S. :flail to the addresses of the nartius I 11 ~ on file with the Commission, Said notice shall 12 state the date, time and location of the 13 I arbitration proceedings. It shall also advise lq ~ the participants of their right to assistance of 15 counsel and that all documents needed Co support • iG their posi ti.on should be brought to th_ proceedings. (d) Following the procedures for. the arbitration, 17 ii to be established by the Commission, and reviewed 18 by Chem from time to time, the arb itracor shall 19 malcc his recommendation. This recommendal'ion •.vi.ll 2a be made orally at the nro ceedings and followed by 21 written notice to the parties within five (5) days 22 ~ of the tcrminati.on of the arbitration procce di.u gs. 23 qq (e) Anv party UnSat l'ifled with the result of the ?.5 + arbitration may, •a ithin fifteen (15) days of the 2fi ill written decision of the arbitrator, file a written 2Y Ii request for a hc;rri.n,n, beLnre the Commission. Said • 28 I request. is to be. fi. led with the of f. i. ce. cf the 'City _p_ ~~ i 1 Cle rl: between the hours of S a.m. an rl 5 p. m. 2 Monday through Friday. • 3 (3) If a full Cormiss ion hearing is requested the 4 ( following procedures shall be used: 5 i (a) At the request of the Chairman, the netitioner E '~ shall produce such records, reciepts or reports as i ? the Commission may require. Failure to produce g such req uested items shall be sufficient basis for q the Commission to to nnin ate the proceedings and 10 I deny the petition. 11 ~ (b) At the request of the Chairman, the owner, 12 manager, or onerator shall produce specified i7 financial records caith respect to the Dark. Upon I ]y failure of the owner, manager or operator to • IS produce the requested data, the Chairman may issue 16 ~ a subpoena directed to the owner, manager or l7 operator comrian ding said owner, manager or operator ~. to nro duce to the Cort¢nission the requested bucks, IE i ~ 19 ~ papers, records and documents in his possession or I ~ under his control relating to the affairs of the 20 mob i.le home park. 21 i 22 (c) Within a period of thirty (30) days following 2r ~~ the request for a hearing at a ti.mz and place sr_t 2., i by Che Comrni ssion for the prr.s an taCion of evidence 25 as Co the prep r.iety and/or re ason ab Leness of the 2C: subject renC increase. 41ri tCen notice of the ~ 2'I ~ ~ i I:ime and place of the hearint; sho11 be given ro • 2R ~ L':?c parties thereto not less than fifteen (li) I -9- a `~ 1 days prio r~rto the hearin,;, The notice shall be 2 given by personal de live ry or by deposition in • 3 the United States mail di re cted to the addresses 4 on file with the Commis:;i on. A reasonable g I continuance, not to exceed thirty (30) days may 6 be granted by stinulation of ti:e parties or at ~ discretion of Che Commission. S (d) In evaluating rent increases before the 9 Commission the followin factors sh al.l he I ~ 10 I ' considered by the Commission: 11 i 12 (1) i.n ere ases in u*_i lity rates and property 13 t axes ; ' 14 (2) Insurance; 15 ~ (3) Bove rnment al assessments; • I 16 I (4) amortized capital improvements; I (5) upgrading or. additi an of amenities or 17 18 services. I (e) The Commission shall make a final decision l9 no later than fifteen (15) days after the conclusion 20 of the hearing on the petition. All parties to the 2i ~ hearing shall be senC notice of the ruling of the 22 ' I Comm.i ss i.on to the address on file with .the Commission. 27 ' I • ~ I 24 ~ L (f) L: the event that ciL'her the petitioner or 25 i owner, manager or operator should fail Co apncor i 2~ at [hc hearing, the Commission may hear and nevi. r_w 27 such evidence as may be ores meted and make such ii 29 L de Cl^lOns as if both ParC 1.Cfi had been OT(!Fen t.' S 5' _1~_ 1 (g) All part ies t:o a hearing may have the assistance 2 in presenting evi <lence oz in setting forth by • 3 argument their nosicion, from an aCtorney or any 4 such other person as may be designated by said 5 parties. Each pa.cy, however, shall have only one ~ spokesperson at the hearin ;. ~ (h) All Mobile Hortie Pent Review Commission g hearings shall be open to the nub li.c. q (i) Any decision of the Cemmis si.on mus*_ be Ip supported by a prenon de ran ce of the evidence. 11 4 (j) The conclusion and findings of tha COmmission IZ shall be final and thare shall be no right of apne.al 19 to the City Coun ci !.. 14 (k) Any monies which have been col ).e cted by L'he • ~ IS owner, operator or manaver. of a mobi.l.e home nark 16 i which exceeds that amount al locoed pursuant to a 17 I decision of the Com,ission shall br refunded in full Co the tenants no later than thirty (3G) drays IF 19 following the notice of the Commisai en's de ci:.ion 20 en the neCit i.on. i t (1) ~.n7 faiiure nr refusal to coc:~n ly with an ordc r. 21 of the Corur~i ,,^,sion sh. a1..L be un l,awfttl and a misdem.anon. 22 zs I ~; a.ol.o~o_ Hc;,:-ink n~ootii.t nn,a. 24 Ili. tl;in ten (10) d.tvs from the dale of. t:hc request for a ?S ~hcaring before t:hc Co~::micsion Che oonro r, operator or iaan agcr I 2t; '~s ha77 depos~i,t +.oith the Commission the sum o£ six hw~dred <lo Mars i 27 C$GOG.(iG). S.-.id ,u:.i ::ha1.1 b. usru for the naymeu t•; of costs ! i t• 28 Ic~~iLhoti•r.ud by Lhis Ocdinonce. My rmnaininq bc•.lance shall be -11- l^ 1 returned L'o the owner, operator or manager within fifteen (15) 2 days of the mailing of the notice of the decision of the Commiss~ 3 4.01.080 P.e duction in Services Provided. 4 No landlord shall reduce nr eliminate any service in a 5 mobile home park or to any tenant within any mobile home pa:'k 6 unless and until a proportionate share of the cost savings 7 resulting front such reduction or elimination is passed on to g fiche tenant in the form of a decrease in rent. q ~ 4.01.090 Civil. Remedies. l0 (1) Any tenant aggrieved by the wil Lful violation of 11 any of the provisions of this Ordinance may sue thereon and 12 recover actual damages therefor, plus a civil oen alty not to 3 iexceed two hundred dollars ($200.00) for each such violation. tq (2) The fact of any will £ul violation of this Ig IlOrdin an ce may he used by the agreived tenant as a defense to ' I 7G lacy action for unlawful detainer. bro uvht 6y the o.aner, manager 17 ~or operator if said unlawful detainer is based on non-payment 18 I of rent. 19 ~ 4.01.100__ Termination. 20 l Un lest ext en de c] by action of the City Co w;cil this 2I Ordi.n an ce shall terminate and be of no force and ef. fe ct aft:er 22 Uece mher 31, 1983. i 25 I 4x01_110 Seoarahili. t~ 24 'i~ If any section, subsection, son ten ce, cl avse, oh rase or v 25 i,porti~n of this Ordinance is fnr any yeas nn held invalid or ?~ ~`un co ro; ti.t ution;al by any crn;rt of uomnelent: juris di.eCion, such 7.7 ~~//// //// 2Y I//// ' ///~ ~~ -12- S 7 1 2 • 3 4 5 6 7 S 9 10 lL 12 13 14 • 15 16 l7 I8 19 20 2l 22 23 2R 25 2( 27 i 28 portion shall be deemed a sepa r. aY.e, distir~ce and an in deoen dent provision and such decision shall not effect the validity of the re ula in i.ng portions thereof. PASSED, APP ROVP.ll and ADOPTED this 5th day of _ "IOVenber 19 SO . GERALD EAVES, :Qayor ATTEST: PH K, SA:'~SOV, City APPROVED AS TO FOR;4; / ~ / / W. B. C0~0?i~65, City Attorney /i/ /// /// /// /// /// /// /// /// /// /// ~„ ///% //// //// ~~// //// //// /~~/ //// //// ~~~/ //// ~~~~ -13- _';+ 1 2 3 4 5 6 7 8 9 ]0 I1 12 13 la 15 16 ]7 ]C 19 20 21 22 23 24 25 2( 27 2C sTn~e of c~v.IFUR~I+a > CO LIN'PY OP Sn~ BE R:~ARDI(\0 ) ss CZiY OF PSI ALPO ) ' I, JOSIi?H Id. Snt-tI SON, City Clerk of. the City of Rialto, DO IIE REBY CIi RTI FY that the foregoing Ordinance iVo. B09 was duly passed and adopted at a regular reeeting of the City Council of the City of Rialto held on the 5th 'day of =0~~h~~- -' 19 B0. Upon ?ro tion of Coun cilpe rs oa_,_ Sawver secon:ied by Co un cilpe rson_ Curtis „_, the foregoing Or. dinance was duly nassed and adonted. Vote oi: tiix ilot ion ; nYES: ~+.a vor Faves: CouncilmPn• Lennville, Curtis, °aarozr r:d uetl idOES : Itlor.e nI7sE;:T: r;~ne N IZI TNESS i~IlIE P,C OP, I have hereunto set my hai:d and rhe. Offi.ci nl Seal. of the City of P.i alto this 7th_ day cf :love_~,i',e:= _ 19 f30 . L ~/L `~J CS Ii. SAhiP50:1, City 'Clerl: i -lr~- sy ORDINANCE N0. 616 • 2 AN ORUllJANCE OP TI{E CITY COUNCIL, CITY OF RIALTO, 5'fATF. UL' CALIFOK~dI A, A[~:ENDING 3 CER'1'AI[J PO R'1'IU NS OF C+iAPTER 4,01 OF Tl1E RIALTO PfU1Ji CIPAL COUB 4 5 TpE CITY COUiJCIL 0'r' TtiE CITY 0° 2IALT0 DO%S ORDAIN G I AS POLLOWS: I 7 ~ Paragraph (6) of Section 4.01.020 is amended to read 8 as follows: 9 ,. .(6) "Base Rent". The space rent charged for any 10 I I mobile home dwelling unit space in effect fur that space on ' ~ 11 ~ i i November 1, 1950, or any subsequent space rent wai.cn has been 12 I ' set in accordance with the requirements of this Chapter. ... I 13 I Paragraph (8) of Section 4.01.040 is amended to read 14 as follows: 15 ...(8) Eacii at large member of the Cosvnission, both I6 regular and alternate shall be a permanent resident of the City 17 of Rialto. ... I8 Paragranh (1)(a) of Section 4.01.060 is amended to 19 read as follows: 20 ...(a) If the rent increase which is the subject i 21 of the petition computes to the la s er of either seven percent ~~' 22 I (7%) of Cne base re nf. or one hundred percent (lO C`/,) of the ~~ 2g percentaya by whici~ tha Los Angelis - Long Peach - Anaheim 24 ~ 14e tropo ].itan Araa Consumer Price Index for Urban Wage Earne r.s 25 I and Cla r. ical lJo rkers, as reported to the U.S. Bureau of. Labor 2f ij Statistics, has increased in the Cwelve (17.) months i~mnedia[cly 27 I preccdin; the eCf ecti.ve date of the subject rent inere are, Chc • I 28 II i I i~etition snap be den iad. Only one such rent increase shall be i II L~ J 1 2 3 4 5 6 7 8 9 ]0 11 ]2 13 14 15 1G 17 ]8 19 20 21 22 23 24 25 2G 27 2a allowed in any twelve (12) month period. ... Paragraph (1)(b) of Section 4.01.060 is arnended to . read as follows: ...(b) If the petition is not denied pursuant to paragraph (1)(a) above, it slta 11 be certified for arbitration.... Paragraph (2) of Section 4.01.060 is amended by adding suo-paragraph (f) as follows: ...(f) Tne party requesting the hear in,q before ttre Conuni ssior, shall have the burden of proof at the hearing. Such buroen shall be satisfied if the party proves their case by a preponderance of the evidence, ... PASSEll, APF ROVED and ADOPTED this ~yry_ day of ~~,.,.~, 1981, AT'PES'L _~~ li. Sa~~pson ~(:iL~Cl APPROVED AS 'IO FOR41: ~~ i ~~~~ I,/~ tZiam~l. i:voiaG.s City Attorney ~( 1 I STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDIf10 ) ss 2 CITY OF RIALTO ) • 3 I, .]OSEPH H. SAMPSON, City Clerk of the City of Rialto, 4 DO HEREBY CERTIFY that the foregoing Ordinance No. 809 was duly S passed and adopted at a reoular meeting of the City Council of F the City of Rialto held on the 10th day of (larch 7 1961. 8 Upon Motion of Counc it person Holland seconded 9 by Councilperson Curtis the foregoing Ordinance was t0 duly oassed and adopted. Vote on the Motion: Il AYES: Mayor Eaves: Couuil men Savryer> Curtis, Holland and Lonnvii t2 NOES: none l3 ABSEPIT: none ~, 14 • IN WITNESS IdHEREOF, I have hereunto set my hand and the Official IS Seal of the City of Rialto this iirn day of ~r~h , 19fl 1. 16 17 seph 61. Sanpson ~ l9 City Clerk ZO 21 22 23 24 25 2( 27 . 28 v= •: -3- ie GTYOF RA[~CIiO C1;CAMQ'~A ~oc`'cn•~^nhc STAFT REPORT DATE: March 18, 1981 c ~ l~ T0: Members of the City Council, and City Manager 1977 FROM: Barry K. Hogan, City Planner BY: Dan Coleman, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND ZONE CHANCE N0. 80-12 - BARMRKIAN - A request for a change of zone from A-1-5> limited agriculture, 5 acre minimum lot size) to R-1-20,000 (single family residential, 20,000 square foot minimum lot size) for 24.36 acres of land, located on the north side. of Almond Road, east of Carnelian Street - APN 1061-171-02. RELATED ITEM: Tentative Tract No. 10277. ABSTRACT: The Planning Commission, at i,ts meeting of February 25, 1981, held a duly advertised public hearing to consider the above-described project. Upon completion of the hearing, the Planning Commission Voted 4-0 (Commissioner King abstaining due to a conflict of interest), to recommend approval of the change of zone from A-1-5 to R-1-20,000. No opposition to the zone change was heard at this meeting. • BACKGROUND: The zone change to R-1-20,000 is being requested for development of a custom single family subdivision consisting of 30 lots on 24.36 acres of land. The proposed development and zone change fs consistent with the Interim and Proposed General Plans and meets all requirements of the Zoning Ordinance and adopted City standards. The Planning Commission has approved Tentative Tract No. 10277, subject to Council approval of this zone change (See attached map). Attached for review and consideration is the Planning Commission Staff Report, Environmental Assessment, and the Planning Commis Sion Resolution. RECOMMENDATION: The Planning Commission recommends that the Cf ty Council approve Zane Change No. 80-12, and adopt the attached Ordinance. Re ctful ubmitted, ~ ~- BKN: kp Attachments: Planning Commission Staff Report of February 25, 1981 Subdivision Map for Tentative Tract No. 10277 Planning Commission Staff Report for Tentative Tract No. 10277 Ordinance G3 CITY OF RANCHO CCCA~GA ocVCn.ti~ SIAF'P REPORT <~ ~, ,. F_ DATE: Fehrua ry 25, 1981 u 1977 T0: Planning Commission FP,OM: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUBJECT: ENVIROWMENTAL ASSESSMENT AND ZONE CHANGE N0. 80-12 - BARMAKIAN A request for a change of zone from A-1-5 limited agriculture, 5 acre minimum lot size) to R-1-20 (single family residential, 20,000 sq. ft. minimum lot size) for 24.36 acres of land located on the north side of Almond Road, east of Carnelian Street - APN 1061-171-02 RELATED ITEM: Tentative Tract No. 10277 BACKGP.OUPiD: The applicant is requesting a change of zone from A-1-5 limited agriculture, 5 acre minimum lot size) to R-1-20 (single family residential, 20,000 sq. ft. minimum lot size) for 24.36 acres of land located on the north side of Almond Road, east of Carnelian Street (Exhibit "A"). The applicant intends to develop a large lot single • family residential tract on this site. Also appearing on this agenda are the precise plans and tentative tract map far the subdivision of this land in accordance with the R-1-20 zone regulations. The site is presently undeveloped and contains some citrus groves and Eucalyptus trees. The topography slopes in a south/easterly direction at approxi- mately a 10; grade. The Interim and Proposed General Plans designate the protect site as very low residential uses at less than 2 dwelling units per acre. The surrounding to nd use and zoning is as follows: LAND USE ZONING North Vacant, hillside area A-1-5 South Low density residential uses R-1-20 East Vacant, hillside area R-1-20 West Vacant, hillside area and low R-1-20 density residential uses APIALYSIS: The zone change request is consistent with the Interim and Proposed General Plans and the applicant's intentions for development will conform to the request zone designation. The requested zone designation is consistent and similar to surrounding zoning and develop- ment. In accordance with past Commission policy, this request for the zone change can be reviewed concurrently with the actual tract map and development plans for the project site. The tract map, which is more fully described within the tract map Staff Report, is consistent with the development standards and philosophies of the proposed zone, R-1-20. • / 1TEi1 F Co u Zone Change No. 80-12 -2- February 25, 1981 . Part I of the Initial Study as completed by the applicant is attached for your review. Staff has completed Part II of the Initial Study and has conducted a field investigation and has not found any signifi- cant adverse impacts upon the environment as a result of this zone change. Therefore, if the Commission concurs with such findings then recommendation for issuance of a Negative Declaration to the City Council would be appropriate. CORRESPONDENCE: A notice of public hearing was placed in the newspaper advertising this item as a public hearing. In addition, approximately 25 public hearing notices were mailed to property owners within 300 feet of the subject property. To date, no written or oral communications have been received regarding this project. RECOM!-0ENOATION: It is recommended that the Planning Commission conduct a public hearing to consider public input on the project. If, after such consideration, the Commission concurs with the findings of the Staff Report, then it would be appropriate to adept the attached Resolution which recommends approval of the zone change to the City Council. • Res ectfully su/bmf tted, ~~ (1 i; RRY/K. OGAN ity/Planner BKH:MV:cd Attachments: Exhibit "A" - Location Map Part I - Ini tfal Study Resolution of Approval • (O ~ RESOLUTION N0. 81-16 • A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COi4MiSSION RECOMMENDING APPROVAL OF ZONE CHANGE N0. 80-32 REQUESTING A CHANGE IN THE ZONING FROM A-1-5 TO R-1-20 FOR 24.36 ACRES LOCATED ON THE NORTH SIDE OF ALMOND, EAST OF CARNELIAN. WHEREAS, an the 28th day of August, 1980, an application was filed and accepted on the above described project; and WHEREAS, on the 25th day of February, 1981, 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 existing and proposed General Plan. SECTION 2: The Rancho Cucamonga Planning Commf ssion has found that this project will not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on February 25, 1981. NOW, THEREFORE, BE IT RESOLVED: 1. That pursuant to Section 65850 to 65855 of the California Government Code, that the Planning Comniss ion of the City of Rancho Cucamonga hereby recommends approval on the 25th day of February, 1981, Zone Change No. 8C-12. 2. The Planning Commission hereby recommends that the City Council approve and adopt Zone Change No. 80-12. 3. That a Certified Copy of this Resolution and related material hereby adopted by the Planning Commission shall be forwarded to the City Council. APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 1981. PLANNING COt4MISSION OF THE CITY OF RANCHO CUCAMONGA • i WORTH CI"i Y OI' rrr.~i: 7,d.1~ CHt~tJC,~ A1o ~-~ IZr1\('I-IO CL'G1~I0\GA TITLC _ LLL~~tY1DA1 M/Er • PLA\NI\G DI~'LSIO~; GXHIRIT: ~_ SG\LL ~~ ' ~ ~7 . ,t ~ ~ . -; _ • CITY OF RANCHO CDCAMONGA ~'~ INITIAL STUDY PART I - PROJECT ZNFO RMATION SHEET - To be completed by applicant ' Enviro:vre ntal Assessment Review Fee: X70.00 • For all projects reaviring 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 stsff will prepare part II e£ 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. T::^.e Com;,,ittee will makz one o£ three determinations: 1) The project will have no environmental impact an3 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 by the applicant giving further information concerning the proposed project. O PROJECT TITLE: Tentative Tract No. 10277 APPLICA^P'5 NAME, ADDRESS, TELEPHONE: Barmakian-Wolff & Associates, 9375 Archibald Avenue, Suite 101, Rancho ucamonga, CA 91730 987-0909 NAME, ADDP.ES S, TELEPHONE OF PERSON TO BE CONTACTED CO NCEFiNING TFfIS PROJECT: Linville-Sanderson-Horn 8 Assoc., 9537 Arrow P,oute, Suite H, Rancho Cucamonga, CA 91730 714/980-1211 IpG~TION OF PROJECT (STREET ADDRESS ACID ASSESSOR PARCEL AU-) C;n rth ____ c.f A.Lc cro.'. St. _=- -.. --.. ~L.. A': ._ City of I?anrhro Oucamon~a. Fs ses;cr Pe rc.1 ;;o. 17411!71_01 LZ ST OTHER PEMIITS NECESSA R'i FROM LOCAL, REGIONAL, STATE AND FEDCR:,L AGECiCZCS ACID T1 L° AGENCY ISSUISG SUCEI PER:4ITS: I-I ~~ l ~ PROJECT DESCRIPTION ~ • DESCRIPTION OF PROJECT• A proposed 30 lot custom subdivision for single family d+ae P fines i re ~ r ( 9n nnn „~__ tee U on proposed R-1-20 zoning. Pro iect to be divided into Four phases. ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDIPIGS, IF ANY: 24.36 acres DESCRIBE THE ELNZROLD+E`1TAL SHTTI"IG OF THE PROJECT SITE INCLUD Li7G INM)R~1aTI0 Ld ON TO FOGRA PHY, PLA[vTS (TREES), ANIide`:LS, ANY CULTURAL, HISTORICAL OR SCELiIC ASPECTS, USE OF SURRO UNDI4IG PROPERTIES, AND THE DESCRIPTION OF A.7Y EXIST-T\G STRUCTURES AA'D THEIR USE (ATTACH NECESSARY SHEETS): Site if oartially covered Dv citrus and eucalyotus trees. Gopher, rabbit, lizards, ground squirrels, and birds are we serty sac reec mopes sou uieaster~y ac approxrmateLy _'6 ® into an existing canyon, while the remainder slopes south- westerly at appro x'r mately 10$ towards the same canvon. Sorl is very rocky. Site is traversed by Cwo north-south canyons one of which is acorgximately 332 feet east of the westerly property line, while the other is along the edge of the easterly property line. Is the project, part of a larger project, one of a series' of cumulative actions, which although individually small, may as a whole have sign if icart environmental impact? This pro fie^_r is divided inn fear nh sse; ~di r.h a total of 30 lots. k'ir;t phase rontains 8 lor;. • I- 2 _-._..._. _..._ . _., ..~y - - • .. ( ~ WILL TFIIS 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.)'. Y ~ 4. Create chances in the existing zoning or general plan designations? x 5: Remove any existing trees? How many?150 Aoo rc _ X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flamana bles or explosives? IMPORTANT: If the project involves the construction of ~~--- residential units, complete the form on the nexC page. .- CERTIPICr1T ZON: I hereby certify that the statements furnishes above and in the attached exhibits present the data and info rrwtion recu fired for this initial evaluation to the best of my ability, and that the facts, stat ements, .a nd information presented are true and correct-to the best of my knowledge and belief. I further understand tYat additional information may be required_ to be subaittcd before an adequate evaulation~can be m by th~.D~~ oc ..ent Revi etu committee. _ ~ - I''~G~t ~`~~.1~;',~ Gk'] CJ ~--~ \._-~°'(~ lnSriu u, rm;tlt a5°'"" n"'"- Date~~ ""1~---t ~-~~- Signature `r~~~- .. <t ~~1 i ~- mph Cic rr lV t:2 1: aIU'41-ltl Title Z ~ 7.n. Explanation of any YES answers above: t RESIDENTIAL CONSTP.f]CTZON The follo::ing information should be provided to the city of aancho Cucamong~ Planning Division in order to aid in assessing the ability of the school district to accommodate the proposed residential development. • (~ rilo 102-77 Name of Developer and Tentative Tzact No.: r~~,~/~~,-i-~. ~j ,ter specific Location of Project:_Cr~~~~~p~~, y~ A~n~~~d PHASE I PRASE 2 PHASE 3 P1iASE 4 TOTAL 1. Number of single family units: A 7 6 9 30 2. Number of multiple ~ ' family units: 3. Date proposed to 4 ~'I ~I begir. construction: 1_~_L~7 11~ 1'UI l _ ~2 ~ ,tiSj?~ -~ 4. Earliest date of occupancy: 4-- (LJ~.'~ Q !~ ~ ,Jr- Q ~ I J"U~ .q.^I r~~ Modal $ and ~ of Tentative ' 5.'~ B ed r oo ms Price Ran c e ~ ~ ~ l \ y - y ? L,,7 /~ ~ ~i fi~._..L- LI ~2~ c2~ ~ ~ ~ ~ ~~ ~: ~ i~~ J • I- 4 ~: .... :( i, ~:, -5-=. 4 .~ a a s j~j~ 'e § ~a rPjt , 3 ` ~ii zgz ~ ~ ~~~ 3 i i ~3 i~J q88 gg°• i2~) ~' 7 yy 3p3q ~ a= FF c~ ~a yygg iyy3 i~33` ~~~# 3'73 ~:3 Fi8 ~63 ~ ~~F^ ~ i f a~ ii: ¢q ~ ~j r. .. .if ~ .q. ~r.r. .f l~ N .;j~ :t " ;; g,• ,;~; . ? g~a• 0:3 iii ~ ~ ~,a jf~i ~; ` e btp'Zi$: E~ s ~k~'s?;3~ ~, ~3j ai 1i a 5 siE3 E~ '~t ~zs ~ it ~3~~ V . ... ~ 1~ ~ ~= ~: d ~'~ ~t ~` i ~ `e~. ~ii: ~ ~ ~ k : ~ t ~~ ~~ ~~ r-- CITI' OF RANCHO Q,'G\10\C.\ _ _ STAF'P REPORT GATE: February 25, 1981 T0: Planning Commission FROTf: Barry K. Hogan, City Planner BY: Michael Vairin, Senior Planner SUB dECT: EPIV IP,ONMENTAL_ASS ESSMENT FOR TENTATIVE TRACT N0. 10277 S~ C~'C.\ Nga~C ~~ ~ <r ' n < !-~ > c.~%:.-.,~.. ~ ~ r cl~~'~ o F~ Z c:I. ~ -> 1977 BARh!AK1AN - A custom lot subdivision consisting of 30 lots on 24.36 acres of land in the A-1-5 zone located on the north side of Almond Road, east of Carnelian Street - APPi 1061-111-02 RELATED ITEi•I: Zone Change No. 80-12 BACKGROUND: Barma kian-Wolff & Associates are requesting review and app rovai for the development of a custom lot subdivision on 24.36 acres of land located on the north side of Almond Road, east of Carnelian Street (Exhibit A). The subdivision proposes to provide 30 single family lots ranging in size from 23,000 square feet to 36,000 square feet. The applicant's intent is to develop a custom lot subdivision of large homes within a totally secured community, including a guard house and gate. - , The site is presently zoned A-1-6 (limited agricultural) and a zone change to R-1-20 is pending Commission approval. The site is presently undeveloped and contains some citrus groves and several stands of Eucalyptus. Property to the north, east, and west are of a similar character while south and farther west the area is developed with residential development similar to the density proposed within this development. The Interim and Proposed General Plan indicate very low residential as less than two unf is per acre. The Growth Management Review Committee has reviewed this tract in ac- cordance with the Growth Management Ordinance and the project has met the threshold point limit, thus allowing the Planning Commission to consider approval o f this project. ' ANALYSIS: The tract map, as shown on Exhibit "B", has been prepared in accordance with the State Suhd ivis ion flap Act and the City Subdivision Ordinance. Access to the tract fs being provided by the extension of Almond Street, which loops into the protect site and continues through the site with an interior public street system. The street design allows further extension of the street to the north for development of that ITEM E 7 ~ C TT 10277 -3- February 25, 1961 • RECOP:MEt1DATI0N: It is recommended that the Planning Commission conduct a public heart n9 to consider public input on this pro3 ect. If, after such consideration, the Commission concurs with the findings and conditions recommended by Staff, then adoption of the attached Resolution with conditions would 6e appropriate. Res pec tfully~ubmitted, i ~// ~;~Ir,~~/' i;7~i~ it BARRY K. HOGAN ,J City ,Pla nner BKH a1V:cd Attachments: Exhibit "A" - Site Location Map Exhibit "B" - Tentative Tract Map Exhibiti "C" - Conceptual Site Plan C Exhibit "D" - Preliminary Grading Plan • Exhibit "E" - Drainage Plan Part I of the Initial Study Resolution of Approval Conditions of Approval • ~y • o N r~l ~ ~ ~ v~ c ~ . __ ~ ~. a~ ., ~ - 3 R N G G' F ~ ~ ~ ~_ ~ ~ ~ -~ a ~_ ~..~~ ~ _- a o _ ,. _ N -, ~i ~. ~~ .c.. -` i ~\ ~" ' ~ ~ i e e ' ~~ a $ ~ ~ ~ ~ ~ ~ ~ ' ~ j ~ ~ e ~3~ ~ ~ _s ~ de bpd. ~'. 2~. ~~ ~ ,~ ~:~ ; ~'~ if ~~Yf gg ii ~id ~i3{~ ~<~ ~~~3i ~i 3 ~ ~ d ~ 3 i 4 l ~ .. _ .. N ~ ~t. ® -''~.' ~t +~~ a •. © 4i; ~': '~' j ,i~ ;~ji 3 9<. i,: ~ t ,.~ 9a;; ~ ~ ~~a stns i ai .: a - I ~ ~ a~a;~e~: ~;3: ~ aia :'~i ~ ~ . ;i. iY tE,i iE ~µi a ..-. - _ ~ € ;~ , . ~. ~~ ` ~~~ i~ ; ;~; ~ i ~ ~e;;r ;~ + i~kA ~c:' ~9 ~ jet. ~~~£ i i~ ! S .t..,.. ,.. • u ~~. . "•" ... n '. .. -~~,~ . " ;`~;5 . ~f c ,. .~ ~~ ~~° ~~ Y2~:~ L ~, 7 1(i. .,~ ~ far ~,irf.;; ~ € ~ ~ ~ r (1 ~ 1,* ,, ~, :.i; -,ice t '~I r sgi i ~- \ .._ ~t~~4i ;,_; ii l; ~ _ i ~' .~ ~~ ~~ ~ r ,, ~ ~ ~~ ,',. . _ :- ~- _- i-~ ~ I3 {.-~ , i .. • ~_ ~~ _. ~~~ ~. 7 TT ic~.~~ ~- .. _ QDraiHa92 wrap 3.It(II~iI1 p~N /~ • Ct7Y LIM17' l C9' NIDDEN _ -~ j ~.- Th ~~ ~ ~f i- ~fii 1-~~~~ r~, , . :.. _l ~: ,~, ,. . < C C CITY OF RANCHO COCeL,ONGA INITIAL STUDY • PART I - PROJECT IATFO RMATZON SHEET - To be completed by applicant Enviro;l~.ental Assessment Review Fee: gT 0.0O For all projects recviring environmental review, this form must be completed and submitted to the Development Review Con~nittee 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 Co:nmitt_e will meet and take action no later than ten (10) days before the public meeting at which time the project is to be heard. T::^.e Cor.~ittee will make one of three determinations: 1) The project will have no ervironmertal impact and a Negative Declaration will be Filed, 2) The project will have an environ^:e ntal impact and an Environmental Impact Remrt will be prepared, or 3) An additional information report should be supplied by the applicant giving further information concerning C the proposed project. • PROJECT TITLE: Tentative Tract No. 10277 APPLICA\'T'S NAME, ADDRESS, TELEPHONE: _ Barmakian-Wolff E Associates,~9375 Archibald Avenue, Suite i01, Rancho Cucamonga, CA 91730 987-09G9 NAME, ADDRESS, TELEPHONE OF PERSON TO HE CONTACTED CONCEIL`II NG TFIIS PROJECT: Linville-Sanderson-Horn E Assoc., 9597 Arrow Reute, Suite H, Rancho Cucamonga, CA 91730 714/980-1211 LOCATION OF PROJECT (STREET ADDRESS AND ASSESSOR PAi2CEL NO.) North site of Almond Street, east of carnelian Avenua, City o: Rancho i;uc~r.•,onra. Assessor Pa reel No. 10u1-171-C2 _ LIST OTHER PE R~iI TS NECESSARY FROM LOCI L, REGIONAL, STATE A.W FEDERAL AG E:;C IES AND THE AGENCY ISSUING SUCFI PE&M ITS: \. . 1-) • PP.OJ PCT DESCRIPTION 1 DESCRIPTION OF PROJECT. A proposed 30 lot custom subdivision fnr sin¢1e family dweP Ines. ~a r^= ~=t< {~~~_~ vn nnn < feet) on oronosed R-1-20 zoning. Pro Tect to be divi~=~^ in :c Pour phases. ACREAGE OF PROJECT AREA AIv'D SQUA.4E FOOTAGE OF EXISTIi7G Ai~D PROPOSED SUZ LDIi7GS, IF AyY: 24.36 acres DESCRIBE THE EWZRO':'~LtiTaL SETTrNG OF TKE PROJECT SITE ItIC LUDii.G INFO Ri44TION O\ TO FOGBA PHY, PLANS (TREES), A.`7I21ALS, ANY CULTLRIL, HISTORICAL OR SCENIC AS FECTS, USE OF SUR.iO UNDING PRO 2ERT IES, AND THE DEBCRIPT IDN OF ANY EXISTING STRUCTURES AND THEIR USE (ATTACH NECESSARY SAEETS): Site if partially covered by citrus and eucalyntus tr=es. Goo::^.a r, rabbit, lizards, ground squirrels, and birds are co r'.mo r. to the area. a to pograpny ~s as tTlo•.rs: ,-ine • wester y 337 Teet aIopes southeasterly at aopro_ii^~ce>_TR'S` into an existing Canyon, while the remainder slopes soutA westerly at ap_p ro v.i ma to ly 10°a towards the sane canvor.. Soil is very rocky. Site is traversed by two north-south canycns one of which is anoeoxi mately 332 feet east of the uaesterly ' _ _ oro ^erty line, while the othep is alone the edge of th easterly property line. Is the project, part of a larger project, one of a series' of cv m;u lative actions, which although individually small, may as a whole have significant environmental impact? Thi ;~ cro iect is divi!ied into four Dhdn P.S Wl iil a total cf ?r, _;,.,. Ci r.;t oh lse conrai m: 3 1c r.;. • 1- ~. ~~~ i v / .- WILL THYS PP.OJECT: C YES A'0 • _ 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 chanoes in the existing zoning or ^ general plan designations? x 5: Remove any existing tr_es? How many?150 Anoro: _ X 6. Create the need for use or disposal of potentially hazardous materials such as toxic substances, flammables or explosives? Explanation of any YES answers_aba ve: _~.. to be A-1-20. _ _ It^n ;5: Pro iect ui11 use as much of er.is trees a5 possible. except in nad IMPJ ETAVT: If the project involves the construction of residential' units, complete the form on the next pace. ' CEIiT IFICAT ZO 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 best of my ability, and that the facts, statements, and information presented arc true and correct to the best of my knowledge and belief. I further understand ttr~t additional information may be required to. be s 'tted v _ before an ade vate evauuation can be m b th E, oo ..enc Review Comm ittce. ~-~" _:~, ^~ ~~ ^d3C~ P 191a A?an Date ~ "'"=~--~~~~~ SignatureCr~~`f- ~ ri ~~il m c~re~'wie tiart^lann Title I-~i ~~ o ~~ C RESinzvmlAZ covsTR,ucrlov C The follo:aing infomation should be orovided to the City of Rancho Cucamonga Planninc Division in order to aid in assessing the ability of the school district to accommodate the pzoposed residential development. b... VV',,~,, 1 r`lo. io2~77 Name of Developer and Tentative Tract NoLI: T~+rm „~LL~Y~'~~'~b'~~~'Y, Specific Location o£ Project:_C3~V7eVic"~~L ~~~e7.^ei PHASE I PHASE 2 PHASE 3 PHASE 4 TOTr.L 1. Ne;.bcr of single family units :___-_ _.,. 8..__-. ~ __.6__.- -.9~~ 30-~ 2. Nurber of multiple Family units: Uate proposed to ~p- ~ ~~ -~' begir. const_uction: I~~ ~~~ CJI ~`_- ~~G I ~~ 4: Earliest date of ,} q J ~~/n~ //'' J,,rr~~44 n f' occupancy: . _ `T- ~~'C_i` 9 !~"L'L ~-~i' I:TU~ . 4^I~7C~`q--~_~...._- Model $ and ¢ of Tentative ~ ~. 5. Bedrooms Price Rar.ce - - ~ ~i - ~cx~ d~ c~v ~ ~~ ~ 4 215 . _ __ ----~ - -- ~----- ~ ~ T- 4 ~83 RESOLUTION L10. 81-15 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONOI TIONALLY APPROVING TENTATIVE TRACT h1AP N0. 10277 WHEREAS, Tentative Tract Map No. 10277, hereinafter "Map" submitted by Barmakian/WOl ff Associates, 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 residential subdivision of 24.36 acres of land located on the north side of Almond Road, east of Carnelian Street into 30 lots, regularly came before the Planning Commission for public hearing and action on February 25, 1981; 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 Conmission has read and considered the Engineering and Planning Oivisions reports and has considered other evidence presented at the public hearing. NOIJ, THEREFORE, the Planning Commission of the City of Rancho Cucamonga does resolve as follows: • SECTION 1: The Ptann ing Commission makes the following findings in regard to Tentative Tract No. 10277 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 injury to humans and wildlife or their ha bf to t; (e) The tentative tract is not likely to cause serious public health problems; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. • ~ r/ lut. ilo. L1-L~ Page 2 • (g) That this project will not create adverse impacts on the environment and a Negative Declaration is issued. SECTION 2: Tentative Tract Map No. 10277, a copy of which is attached hereto, is hereby approved subject to all of the following conditions and the attached Standard Conditions: Engineering Division 1. Dedication by separate instruments of that portion of "A" Street and the southerly half of Almond Street, which are beyond the tract boundary, shall be recorded prior to or concurrent with the recordation of the final map. 2. An o`fer of dedication fora 60-foot wide easement for stormdra in purposes along the existing drainage course at the easterly tract boundary shall be made on the final map. 3. Drainage crossings with adequate inlet and outlet structures shall be installed to the satisfaction of.the City Engineer where the fire lanes and equestrian trails cross the existing drainage courses. 4. A minimum of 50-foot building setback lines from the flowline of the existing drainage courses shall be es to 6l fished and shall be delineated on the final map. The set-back lines shall remain in force until such time as the master planned storm drain facilities are constructed at the easterly drainage course and erosion protection measures are provided at the westerly drainage course. 5. Building pads adjacent to the drainage courses shall be elevated a minimum of 2 feet above 100-year flood elevations on the said drainage courses. Hydrology and hydraulic calculations to determine flood elevation shall be submitted for review by the City Engineer. 6. The applicant shall 6e required to upgrade, to the satisfaction of the City Engineer, the existing drainage culverts across Hidden Farm Road and Strang Lane at the downstream portion of the drainage course which traverses through the westerly part of the tract. 7. The applicant shall be required to upgrade and provide erosion protection measures at the confluence of those two drainage courses at north of Hillside Drive which traverse through the subject tract, • ~D Jl Pa ~~ ~~~ • 8. 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. 9. Final plans and profiles shall show the location of any existing utility facility that would affect construction. 10. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City standards. 11. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 12. If, the City Engineer determines that runoff from the tract flows onto private downstream properties, letters of acceptance shall be required. 13. Private drainage easements with improvements for cross lot drainage shall be required and shall be delineated on the final map. 14. At the time of underground utility installation and prior • to installation of street improvements, the developer shall contact the appropriate cable television company for the area and make arrangements which would give the company the opportunity to install cable at the time of trenching. If the cable television company does not install cabie, then the developer shall install conduit and pull boxes throughout the tract. Such details shall be shown and verified on the improvement plans. Building Division 15. Surety shall be posted and an agreement executed, guaranteeing completion of all on-site drainage facilities necessary for dewa tering all parcels, to the satisfaction of the Building and Safety Division. 16. Appropriate easements, for safe disposal of drainage water that are conducted unto or over adjacent parcelc, are to be delineated and recorded to the satisfaction of the Building and Safety Division. 17. On-site drainage improvements, necessary for de~.aa tering or protecting the subdivided properties, are to be installed prior to issuance of building permits for construction upon any parcel that may be subject to, or contributes to, drainage floras entering, leaving or within a parcel • relative to which a building permit is requested. (.~ Page 4 18. Final grading plans for each parcel are to be submitted to the Building and Safety Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) APPROVED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 1981• I, JACK LAM, Secretary of the Planning Comniss ion 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 25th day of February, 1980 by the follwoing vote to-wit: AYES: COtdMISSIONE RS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Sceranka, Tolstoy, Rempel, Dahl None Nane King • • l J 7 PLANNING COh1MISSION OF THE CITY OF RANCHO CUCAMONGA A CEPARTMENT OF COigMUNITY DEVELOPMENT STANDARD COitlDITI0N5 Su b; ec t: TETlTATI'~~ 7~ id2~7 Apoli Locat Those items checked are conditions of approval. APPLICA"IT SNALI CO^ITACT THE PLANNI FIG DIVISION FOR COMPLIAIICE WITH THE FOLLOWING C08DI TIONS: Sit= Oev elooment 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 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 with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect at time of Building Permit issuance. ~4. The developer shall proof de all lots with adequate sideyard area for Recreation Vehicle storage pursuant to City standards. 5. trail 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 vi eto obstructing gates pursuant to City standards. Location shall be subject to approval by the Planning Division. ' ~7. 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 mate ria7 shall be submitted to the Planning Division for revievr and approval prior to issuance of building permits. _ 9. All roof appurtenances, including air conditioners, shall be architecturally Integra teA, shielded from view and the sound 6u ffered from adjacent properties and streets as required by the Planning and Building Divisions. 10. Prior to an7 use of the project site or business activity being commenced thereon, all conditions of approval contained herein shall be completed to the sa [isfaction of the Director of Community Developmen [. L CQl ~' 1(. A detailed lighting plan shall be submitted to and approved by the Planning Division prior to issuance of building permits. Such plan shall indicate style, illumination, location, height and method of shielding. No lighting shall adversely affect adjacent properties. _ 12. All swimming pools installed at the time of initial development shall 6e solar heated. 13. Tex turized pedestrian pathways across circulation aisles shall be provided throughout the development to connect dwellings with open spaces and recreational uses. 14. All trash pick up shall be for individual units with all recepticals kept out of public 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. 16. All buiidings numbers and individual units shall be identified in a clear and concise manner, including proper illumination. ~17. Solid core exterior doors, security dead bolts and locks shall be installed on each unit in this project. 18. Security devices such as window locks shall be installed on each unit. _ 19. A11 units within this development shall be preplumbed to be adapted for a solar water heating unit. _ 20. Energy conserving building materials and appliances are required to be incorporated into this project to include such things as but not limited to reduced consumption shower heads, better grade of insulation, double paned windows, extended overhangs, pilotless appliances, etc. _ 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 Master Planned Equestrian Trails shall be provided throughout the tract in accordance with the Equestrian Trail Plan for Alta Loma. A detailed equestrian trail plan indicating widths, maximum slopes, . physical condition, fencing and weed control in accordance with City equestrian trail standards shall be submitted to and approved by the City Planner prior to approval and recordation of the final map. 24. This tract shall form or annex to a maintenance district for maintenance _ of equestrian trails. C~ ~9 25. This project shall provide percent of affordable housing and/or rents, in conformance with General Plan housing policies and the housing criteria defined in the Growth Management Ordinance. Affordability 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 Division prior to finalizing building pe rnits and occupancy'of the units. 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 trees shall 6e a minimum 15 gallon size. _ 3. All two-way aisle widths shall be a minimum of 24 feet wide. 4. Emergency 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 parking spaces shall be double striped. _ 6. All units shall be provided with automatic garage door openers. __ 7. Designated visitor pa rkfng areas shall be turf blocked. 8. The C.C. 8 R.'s shall restrict the storage of recreational vehicles on this site unless they are the principle source of transportation for the owner. 9. No parking shall be permitted within the interior cirulation aisle other than in designated visitor parking areas. C.C. 8 R.'s shall be developed by the applicant and submitted to the City Planning Division prior to issuance of building permits. C. Landscaoina _ 1. A detailed landscape and irrigation plan shall be submitted to and approved / by the Planning Division prior to the issuance of building permits. ~/ 2. Existing trees shall be retained wherever possible. A master plan of existing trees showing their precise location, size and Cype shall be completed by the developer. Said plan shall take into account the proposed grading and shall 6e required to 6e submitted to and apo rov ed _ by the Planning Division prior to approval of the final grading plan. 9~ 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 descreti on 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 he 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 be installed in accordance with the Master Plan of street traes for the Lity of Rancho Cucamonga and shall be planted at an average of every 30' on interior streets and 20' on exterior streets. S. A minimum of 50 trees per gross acre, comprised of the following sizes, shall be provided within the development; 20%-24" box or larger, 70'ti-15 gallon, and SO%-5 gallon. _ 6. All landscaped areas shaft 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 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 shail 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 Planning 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 germinate the seed and to a point 6 months after germination. ~~ 8. All parkways, open areas, and landscaping shall be fully maintained by a homeowners association or other means acceptable to the Lity. 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 he installed by the developer in accordance with submitted plans. ~10. The final design of the perimeter parkways, walls, landscaping and side:ralks shall be included in the required landscape plans and shall be subject to approval by the Planning Division. _ 11. A minimum of specimen size trees shall be planted within the project. 12. Special landscape features such as mounding, alleivial rock, specimen size trees, and an abundance of landscaping is Yequired along /~ D. SiS i^ns _ _ 1. Any signs proposed for this development shall be designed in conformance with [he 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 far 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 Aoorovals Required 1. Director Review shall be accomplished prior to the issuance of a Building Permit. 2. Director Review shalt be accomplished prior to recordation of the final subdivision map. ,]~ 3. Approval of Tentative Tract No ,SOY] is granted subject to the approval of Zone Change ig0-I2, - -- 4. This Conditional Use Permit is granted fora period of month(s) at which time the Planning Commission may add or delete conditions or revoke the Conditional Use Permit. 5. 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 I have read the C.C, 8 R.'s and understand that said Lot is subject to a mutual re- ciprocal 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. ~6. Prior to approval and recordation of the final map, or prior [o issuance of building permits, when no subdivision map is involved, written tern fication from all affected School Districts, shall be submitted to the De pa r[ment of Coc:nunity Development which states that adequate school facilities are or will be capable of accommodating studen is generated by this project. Such letter of certifica [ion must ha yr been issued by the School District within sixty (EO) days prior to the final map approval in the case of the subdivision C map or issuance of permits in [he case of all other residential projects. • G~ ~~~ ~. 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 available to serve the proposed project, shall be submitted to the Department of Community Development. Such letter must have keen 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 allows 6le by the Santa Ana 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. ~g. 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 prior to final approval and recordation of the map if the subdivision is going to be developed as tract homes. APPLICANT SHALL CONTACT THE ,BUILDING DIVISION FOR COMPLIANCE WITH THE FOLL041ING C01lDI TIONS: -~ Site Development 1. The applicant shall comply with the latest adopted Uniform Building Cade, 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 District Fire Chief that water supply for fire protection is available. ~3. Prior to the issuance of a building permit fora 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 a building permit for a new ~conmercial or industrial development or addition to an existing development, the applicant shall pay development fees at Lhe established rate. Such fees may include, but not be limited [o: Systems Development Fee, Drainage Fee, Permit and Plan Checking Fees. 5. This approval shall become null and void if huildin9 permits are not issued _ for this project within one year from the date of project approval. _ 6. Street names and addresses shall be provided by the building official . ~~ ~7: Dwelling units shall be constructed with fire retardant material ' and non-combustible roof material. _ 8. All corner dwellings shall have the building elevation facing the street upgrade with additional wood trim around windows and wood siding or plan-ons where appropriate. G. Existing Structures 1. Provide compliance with the Uniform Building Code for property line clezrances 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 6e demolished 3. Existing sewage disposal facilities shall be removed, filled and/or capced 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, City 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 qual ifd ed 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. 4. The final grading plan shall be subject to review and approval by the Planning, Engineering and Building Divisions and shall be completed prior to recordation of the final subdivision map or issuance of building permit whichever comes first. AP PL iCA.IT SHALL CONTACT THE EiIGIfIE ER R7G DIUISIOtI FOR CO?1PLIANCE WITH THE FOLL0411^1G CO'lDITIONS: I. Dedi ca liens and Vehicular Access ~1. Dedications shall be made by final map of all interior street rights-of-way and all necessary easements as shown on the tentative map. _ 2. Dedication shall he made of the fallowing missing rights-of-way on the follrnving streets: l• additional feet on additional fee[ on additional feet oh g~,v ~. Corner property line radius will be-required per City standards. 4. All rights of vehicular ingress to and egress from shall be dedicated as follows: 5. Reciprocal easements shall be provided ensuring access to a17 parcels over private roads, drives, or parking areas. - 6. Adequate provisions shall be made for the ingress, engress and internal circulation of any trvcks 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 streets7946,1ee1• to Pianrln~G [cvnnrssicv, rexhuictii reycudtivy SiUtuXlk Plnce~n¢nY• / 2. Construct the following missing improvements including, but not limited to: STREET NAP1E CURB & GUTTER A.C... PVi1T: SIDE- WALK DRIVE APPR. STREET LIGHTS A.C. OVERLAY WHEEL CHA1R RAt4PS OTHER t'di S12~IDi1 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 plans approved 6y 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 be pasted 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 street improvements shalt be installed to the satisfaction of the City Engineer, prior td occupancy. ~1. Pa vemant striping, marking, traffic and street name signing shall be installed per the requirements of the City Engineer. `~ ~~ K. Dra inane and Flood Control _ 1. The applicant will be responsible for construction of all onsite drainage facilities required by the City Engigeer. _ 2. Intersection drains will be required at the following locations: 3. The proposed project fails within areas indicated as su6j ect 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 streetrGY tv exrsti ~ dcalvrge Cc'u eS¢. 5. The following north-south streets sha 11 be designed as major water carrying streets requiring a combination of special curb heights, commercial type drive approaches, rolled street connections, flood protection walls, and/or landscaped earth berms and rolled driveways at property line. L. Utilities / 1. All proposed utilities within the project shall be installed underground including utilities along major arterials less than 12 KV. 2. Uiility 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, a5 required. / 4. Geveloper shall be responsible for the installation of street lighting in accordance with Southern California Edison Company and City standards. 5. lJater and sewer system plans shall be designed and constructed to meet requirements of the Cucamonga County Water Cistrict (CCND), Foothill Fire District and [he Environmental Health Department of the County of San Bernardino. A letter of compliance form CCIJD will be required prior to recordation. 6. Approvals 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. M. General Renuir~^.nnts and A^arovals _ 1. Permits frc~a other agencies will be required as follows: C A. Cal trans for: ,B. County Oust „6a [er.~.ent rrequired Uri or to issuance of a grading permit) C. San Bernardino Lounty Flood Control District `D. Other: ~/ 0 -- 2. A copy of the Covenants, Conditions-and Restrictions (CC&R's) and Articles of Incorporation of the Homeowners Association, subject to the approval of the City Attorney, shall he recorded with this map and a copy provided to the City. _ 3. Prior to recordation, a Notice of Intention to form Landscape and Lighting Districts shall be filed with the City Council. The engineering costs involved in Districts Formation shall be borne by the developer. ~4. Final parcel and tract maps shall conform to City standards and procedures. / 7 ORDINANCE N0. Ii{a • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBER 1051-171-02 FROM A-1-5 TO R-1-20,000, LOCATED ON THE NORTH SIDE OF ALMOND ROAD, EAST OF CARNELIAN STREET. 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 Co~mnission of the Ci[y of Rancho Cucamonga, following a public hearing held in the time and manner pro :;rihed 6y law, recosvnends the rezoning of the property here iriaf ter described, and this City Council has held a public hearing in [he time and manner prescribed by law as duly heard and considered said recommendation. B. That this rezoning is consistent with [he 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 slated, and the zoning map is hereby amended accordingly. A-1-5 (1lmi[ed agricu lturall to R-1-20,000 (single family residential). Said property is located on the north side of Almond Road, East of Carnelian Stree [, known as Assessor's Parcel No. 1061-171-02. SECTION 3: The Mayor shall sign this Ordinance and the City Clerk shall cause [he same to be published within fifteen (15) days after its passage at leas[ once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and r. Lrcula[ed in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this day of , 1981. AYES: NOES: ABSENT: • ^g i _ No. Page 2 • Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • • ~9 GTY OF RANCI-IO QKAMONC:A STAFF REPORT • Date: March 18, 1981 To: City Council and City Manager From: Bil', Holley, Director, Community Services Department Subject: Oesigna tion of Street Tree Plantings on Highland Avenue between Etiwanda Avenue and East Avenue as a Historical Landmark Find attached the application for Historic Landmark designation regarding the above referenced item submitted to Council by a unanimous vote of the Historic Preservation Commission on March 10, 1981. The subject plantings are within the public right-of-way of State Highway 30. A representative of Cal Trans was present at the Commissions' public hearing inquiring as to 'why would we want to save these trees'. Commis- sion responded that the plantings in part date back to 1883 when this part of our comnuni ty was first settled. RECOMMENDATION OF HISTORIC PRESERVATION COMMISSION: Designate, by Ordi- nance, the su ject Street Tree plantings as an Historic Landmark of the City of Rancho Cucamonga. /^T HIST0,41C LiIi;CFAR,C Desi~w Lion ID E..T If ICAi:C:i I. Cam,on name: Palm en! Eucalypt. ue Street PlantlnFo 2. Historic name, if kna+n: 3. Street or rural address: HSrhlnnd Ave. State P.oute 30 City: Rancho Cuca mn nra Zip: 91730 County: Ean 9e rna rdly Assessor's parcei Legal description:( Hichla nC Ava. between Eti wards Ave. and cast Ave. EcPaa nda, Ce1L. p. Present o'.vner, if known: State of Callfornla pddr¢ss: San Perna rd Sno Hiah'.ey Department City: Zip:. Ownership is: Fublic x private .. 5. Present Use: Pa rkxey Tree Plan tang Ori 9i nal Use: same and wl r.dhreeke Other past uses: , . DESCRIPTION 6. Briefly describe the present physical aooea ranc¢ of the site or struciu re and descrihe any mador alterations from its on 9tnal condition: Troea ere in ge cd condl Lion, a few have been removed on Lhe no r4h elde of the road. Adwlt3onal euca lyp tue Lreea have been planted on the eau th elde, attar 195• ' 7.. Lace clonal sketch map (d ran and label H. Approximate property size: site and surrounding streets, roads, ~ tot size (in feet) and prtminent landmarks): ~ Frontage k m13e Depth 66 ft. ~ Hlk H or approx. acreage Socr t 9. Condition: (check one) ' I s 3 i 14 15 I 16 ~ a. Ezcellent_ h, Gaad x ~ ~ c. fair d. Deteriorated ~ e. No longer in exfs Wnce _ 4 I 3~ 2 i t ~: _ 10. Is the feature a. Altered? ! !w', P.lk 1 ~ t. Unai[e red'__' ~° ~ ~ 11. Surroura in9s: (check mare Loan one n ro :< if nCCesSa ry) !~ ~ a. OPen Iand x 6, Pesidential ~ _ ' . c. Scattered huiidin9s _ J-'--- ~~'e• --~ -- -~ ~~ _ d. Denzel huild- Y uP_ 4 e. Ccarcrcial f. Industrial : _ - q, Other i / ~~ ! ~ ~ 12. ihrea ez to site: • a. [lane kno-:m__ D. Private development_Z e. Zoning d. PuDifc (larks Project a e. Vmidalism_ f. ONer_ 13. Oates of ¢nclosed photograph(s) n.r in,~ ivP~ IIOiE: The following (gems 14-19) are for structures only. 1a. Pri ma r)• exterior building material: a. Stone_ D. Brick^ c. Stucco d. Adobe "' e. NoaJ f. Ocher " ' I5. Is [he structure: a. On its original site?_ b, Moved?_~_ c. Unknown? lfi. Year of initial construction 1283 This dale is: a. Faciual_ D. Estimated x 17. Architect (if known): 4reea~ehasen by 'tim•,~Chaff ey~~~~~-~^~ 10. Builder (if knvwn): "'Oeo.~Frvet cups rvlecd tDe Diait LS r.2s _ , 19. Related features: a. Barn_ b. Carriage hause__ c. Outhouse d. Shed (s)_ e. Formal gardens ]_ _ f. Ni ndmi ll__ g. Natertower/tankhouse_ h. Othar_ i. None S IGpIF (LANCE 20. Briefly state his teri cal and/or arcnitedural inportan<a. (include dates, events, and persons associated with the site when known: Ceo. and 'dn, Chaffey Brea te` tha Etlwa nda Colony and das!eced ' tha to to and streets. TDe elm, Pepper, Eucalypt ua and ~rev111a Srox Aua CralSa were chosen by Nm. Chaffey. Geo. Frost helFed ave rsee Lhe plan tlncs. Capt. J.Sco Lt bu Slf the fire[ house cn Lot 3G, 91k E. after the Chaff eye eubdlvided, Bpr SnE of 1822. 21. Main theme of the historic resource: (check only one): a. Ar<hitectur¢_ h. Arts a Leisure c. Economic/industrial d. CavernmenC e. Eaplara ti an/Settlement x f. Mils to ry_ 9• Religion h. Social/Education 22. Se urces: lfst Oooks, dawnenes, surveys, personal ante rvf ews, and ;heir dates. 1. Llfe of Geo. Cho (fey Dy J.A. Alexander. 2. Ame rlcen 9lo vraphy and Ge nsalopy. Cu lif. Ed ltivn. Vo S.,I 3, interview vl th S^,es ter Frna t. Cec. 70, 1gE0 2/. Oats Porn prepared 1 5ho6/0y (name): .:o ^•eri L. HSe'~cox Add resz; 7^h0 'lade 41e t.a City: Luca monFa, Cali:. sip: 917:0 Phana: 922'1°L _ Organs is [i mr Pane,hv Cucanenea Hlsto riepl c c.r.. . f/Qy .. • ORDINANCE N0. I~"II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE PALM AND EUCALYPTUS STREET PLANTINGS ON HIGHLAND AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE AS A SIGNIFICANT HISTORIC FEPTURE OF THE CITY AND THEREFORE DESIGNATING IT AS A CITY HISTORIC LAND- MARY. The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION l: The City Council finds and determines that the Palm and Euca yptus Street plantings on Highland Avenue between Etiwanda Avenue and East Avenue have met the criteria established in Ordinance No. 70 for the Historic Preservation, and therefore, and with the recommen- dation of the Historic Preservation Commission, designates it as a Historic Landmark of the City of Rancho Cucamonga, California. SECTION 2: The Mayor shall sign this Ordinance and the City Clerk shall attest to the same, and the City Clerk shall cause the same to be published within fifteen (15) days after its passage, at least once in • The Dail Re ort, a newspaper of general circulation published in the City o nta rio, a ifornia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 18th day of March, 1981. AYES: NOES: A85ENT: ATTEST: ' Lauren M. Wasserman, City Clerk • Phi lip D. chlosser, Mayor CITY OF RA\CtiO CCGIAIO~~GA sr~r xEPORT • ` DATE: April 1, 1981 ,~ T0: Members of the City Cau ncil and City Manager FROM: Barry K. Hogan, City Pla nner.~~} SUB,IE CT: APPEAL OF TENTATIVE TRACT N0. 11549 - LEWIS HOh1ES - A request for the development of 90 lots on property located between Eti Wanda and East Avenues ! 300' south of Summit in the R-1 (Single Family) zone. ABSTRACT: As the City Council will recall, this item was asked to be placed onto the City Council Agenda at the tia rch 16, 1981 City Council meeting on the General Plan. This report contains the Planning Commis- sion Staff Report and some suggestions for consideration by the Council should they wish to indicate a possible redesign of the tract to the developer. DISCUSSION: The original tract design for this subdivision submitted by the developer contained a very rigid street design that lacked inter- est or showed an approach to tract developrtient in the Etiwanda area different than cookie-cutter subdivision. However, the first proposed tract did minimize grading and did save a number of Eucalyptus windrows. The new redesign, which was approved conditionally by the Planning Com- mission, contained more curvilinear streets providing greater interest and more design sensitivity, but also providing a reduction in the number of Eucalyptus windrows to be saved. In the process of subdivision review by the Staff there were indications made to Lewis Homes of how additional trees mfght be saved and inovative and creative technfques in land piannin9 employed to create an atmosphere other than a "cookie-cutter" subdivision. We have enclosed for the City Council's information 3 exhibfis of possible ways of dealing with develop- ments within windrow areas. The Planning Commission approved this tentative tract subject to condi- tions of approval. We are asking the City Council for direction relative to your concerns for the development of this tract. Investigations are currently under way as to whether or not the Eucalyptus windrows may 6e Saved on Summit Avenue and on East Avenue. This informatfon will be available at the time of the public hearing. B KH:cd Attachments ~6~/ "A" LAND USE detached cluster dwellings (optiorel development alternative) r`-^ ~ a :e .p mit xar[k _ single lot or multiple lot subdivision minimum lot size: 8000 s.f. Ondcpment tis rhu rvrgcrq ,~u" be uthn' a.auglt la ar mu[upu !at ru{XeiiJlow, k drurosiw auuru pnJervan"aw of m„cl~ eterv span: tJCle arm J/va[s4 Ee drJwneb aJ a rvho[c fo ~lxJUra [nu,iuut~ o(' ar~ivd~srz auG /nndJmpr. wrut ra pronik race dnriliny oath- »ix[r arrd prfraaJ. {4i,ulrmr rpuvo-! 330 r 660 : [4e Ctit(xg me jio-mavbik~ per[ nau m owr on twaaL spac[+,g. 0~[C [lM/l[ayf W Ilaa(tn[SG V[GNR (ilcn ~alL>tl dild[r~Ngr ~' [vraL yrrarc ryas prwulrJ nrcnr m par,4ig cox+rs: 2q(c will ro cwt nyu[Yrr; yp'rnUy ayarc"c ard- i parsed. m wtiatraw p/aistny. I ~ ....,1,.,,~,_„, ~~~ 1: - _ : . °~ ~ I ~,~ I` ~' ,~ l~ x 1. ~ ~ ~ ~ r, ..yn ,. .M ,... e $4 Nl ~; ~. .Ll ~ .. ... ... .. ...... .. .... ... .. ... •. .. '. .. .. .. .. ..~ ..'... ~. ,~~I II RuQlcrdliL drrsroJ 9wu4L harp 3 w 6 6wrUaiyrr ,vrnn)at w uvu u+d, dwrU+xg tar gaw apaoJpa~ vYJ,w. (i}1ftWayr J[I1L rAi tlal~t/rty3 O/ ((J1~ 1„aD )~ rG. N')RG. ~ E~ ~,~~ .~,~ ~ ~,~ pJl~riG ow4lrnr s~muJ avr{,[ly urza,rq n' ~i,u.:1 v ,wwspniuuy. L. lnrv(JrnYinq xa(L rrryAwiu nactiasru[Qrrounnc mlcr:urz p[aw. Txu ari6 +aaUu K~x[n teufnY.l grmuat ,fiveUirry~ re crruc pniacy; bwkW,yr m apfuunr' nwrcL riuo [a+r.[Ja:pc ! ~ery~ .uu pGuur.L w,Nu iuuw:+l,itt~suu, wu:re[rGunfa .' ~~ J I: 1 d S tas •A" LAND USE overview o/ development lypea FuACrAawL nnu vu, by A,/~ rr~nlnre~adng N~(r~v6M~i ryP'~'i hM+i+if+wG lo[r w+y !v tw6 fcr morsrnu q.vmi~,ciro m[lnm~tnx6 gnn..cr, autmn• hcmu, lmGrbirr. kit hcn/I, orm7w!r rw~cwo"rr'n~u cf iromrs. An c~[uwf devdoomrnt,lu.wrni[ [Gum, .[crarFd. i'vr.u~ vc.nf W'~''"9 rm•"a m Frerene tlw ofvn ,Fu<.: .~w~Gnrrf Hu. Hw4sw yrn >t ~ Lzrf Frrb[ri m[d by ,kr[lo~u rant rru, mny be o,c„yra. Minmunwlet,ire Fr 4v not fadrg fCw+urM1 V1~ ar V¢crwaSrme[, EoN,f. E>:'wrHla flr[mw: Wsyya loL (1o IXw,/,~ui~.)~1e~r, Hdrktl ru[rr~rn'~J (c~ ~~a+rKtf/d. fi~ 7 - - - -rte.-1~; i . i ~. -~.__ ~ I ~-, f.. - ~~- ~.~ ~ - f ®,~. ----. ~.. ;.. I ~, _ -~~ `. _- _~~^ ~. •~ :.: ~~ .: : ~ , ~ . ,ill= . - - (. .0. °fl' B ~ ,.`~~ r~a . ~r ~ ~ ' Esuniy kouw.r ~ I` ~ ~~~~~~ tr ~~~ ~ ~~~r f Vur,s.Srnn:Lpgckc(:o,nrosf,mb) ~` tbak h+~y~lw:vJ r~prcrk AwlrFU rsrr.~~ew Mdv d r(JN~k j'un,y r'bw, fer>..rt~iT. I (%lb ~. 182 I -- - •-- CITY OF RA\G 10 Cl'G\...JXGA ~o cy~^ ~ STAFI' REPORT <~ ,E` <~, ~ ~~ DATE: March 11, 1981 Iw7 T0: Planning Commission FROM:i Barry K. Hogan, City Planner BY: Fli chael Vairin, Senior Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT N0. 11549 LE'd I5 - A r~asidential tract subdivision of 52 acres into 90 lolots in the R-1 zone generally located on the south- west corner of Summit and East Avenue - APN 225-181-02 through 04, 06 through 09, 26, and 43 ABSTRACT: Lewis Homes has submitted a residential tract su hdivision in accordance with the Growth Management Ordinance for review and con- sideration by the Planning Commission. The tract has successfully exceeded the threshold point limit and is now subject to review and consideration by the Planning Commission. Staff has conipl eted its detailed analysfs and has supplied the Commission with appropriate conditions of approval should the Commission desire to approve the map. • BACKGROUtJD: The applicants are proposing to develop a 90-lot single family rest dentfal subdivision on approximately 52 acres of land located on the southwest corner of East and Summit Avenues (Exhibit A). The sub- division is proposing minimum 20 ,ODO sq, ft. lot sizes. The present zoning of the site is R-1 (Single Family Residential) and the area is planned for very low residential uses at less than 2 dwelling units per acre. The majority of the site is presently vacant and undeveloped. Several stands of Eucalyptus are contained throughout the site as well as some mature Fa lm trees surrounding an old residence in the middle of the site. The existf ng dwelling, which is named the Chaffey Garcia House, was recently recog of zed by the City Council as a historical landmark. Surrounding zoning, land use, and General Plan designations are similar to the characteristics of the project site. The Growth lia na Bement Review Committee has completed its point rating of the project which exceeded tfie threshold pof nt limit and is now hefore the Planning Commission for its consideration. A9ALYSIS: The project proposed is being developed in accordance with the State Subdivision tdap Act, the City Subdivision Ordinance, and the City's Zoning Ordinance. This project has been su binitted as a custom lot/tract subdivision and has not provided specific unit design nor unit placement at this ti em. The Grading Plan does, however, indicate the location of each of the building pad areas. I b -7 ITEN E TT 17549 _p_ March 11, 1981 • Staff Report The Tract Map> shown in Exhibit B, indicates that access will 6e provided from two points along East Avenue and one paint from Etiwanda Avenue. In addition, three future stub streets are being provided along the north/ south boundaries of the project site. All internal street improvements will 6e provided in accordance with the City Engineering Standards. Etiwanda Avenue is presently improved with rock curbs. It is recommended that the rock curbs 6e retained in order to preserve the character and image of Etiwanda Avenue. Miner repair to the curbing is needed in order to bring it into a good condition. The developer has tried to provide a street circulation system which provides some flexibility in the street design while trying to maintain windrows where possible. The conceptual grading plan is attached for your review. The Grading Committee has reviewed the grading plan and has approved it subject to the conditions listed in the attached Resolution. The Grading Com- mittee has worked with the applicant to provide a grading plan which does not significantly alter the natural grading of the property. Only a minimal amount of grading will be done as necessary to provide a • buildable area of the site. No perimeter or exterior parkways will be created by the subdivision. The subdivision was originally designed with a very rigid gridiron pattern which was able to retain more of the windrows than the present design does. However, based upon past Commission discussion, Staff requested a design with more curvilinear streets. In doing so, windrows will have to be removed in some places. It is our understanding that the Commission and Council would like to see selective preservation of some of the Blue Gums to retain the mature character of the area. in addition, replacement of trees reniov ed to more approprfate areas was desired to create new windbreaks. Therefore, Staff has recommended selective preservation and replacement of trees removed with a better variety of eucalyptus and planted in more appropriate areas. In addition, there are several mature Palm trees in the vicinity of the Chaffey Garcia House. Since most of Etiwanda Avenue presently contains Palm trees along the street frontage it is recommended that these Palm trees be relocated along the Etiwanda Avenue frontage be consistent with the existing tree planting pattern south of Highland Avenue. The Chaffey Garcia House which is located on the project site, is presently designated by the City Council as a historic structure. To preserve the structure, it will require relocation to another acceptable site. It is recommended that the developer work with the Director of Community Services and the Ilistorical Commission in the relocation of said structure. • lab • TT 11549 .3- March 11, 1981 Staff Report Part I of the Initial Study as completed by the applicant is attached for your review. Staff has completed Part II of the Initial Study and a field investigation. Based upon rr_view of the Initial Study and the proposed conditions of approval, Staff finds no significant adverse impacts upon the environment as a result of this project. Therefore, issuance of a Negative Declaration would be in order. CORRESPONDENCE: A public hearing notice was published in the local newspaper on Feb. 27, 1981. In addition, public hearing notices were mailed to property owners within 300 feet of the project site. To date no correspondence has been received on the project. RECOMMENDATION: It is recommended that the Planning Commission conduct a public hearing to consider public input and elements of this project. If, after such consideration, the Commission concurs with the findings and conditions of approval recommended, then the adoption of the attached Resolution would be appropriate. Re ~ectf//idly ~tubmitted, ~ARR,f K. H AN City Plan BKH ;MV:cd Attachments: Exhibit A - Site Utilization Map Exhibit B - Tract Map Exhibit C - Conceptual Grading plan Part I, Initial Study Resolutfon of Approval Condi tf ons of Approval U ioy 'II i ;~,a ~ --~ 4 ~~r ; i ~? ~ r ?,_ := _~; ~i e~ `~ i;sl i~e~ 1., i I ~ ~P s ro ~ I ~ I "/ ~ 1~ • ~~. ~ ,? hjl ~~'~ y 1,.~_ ~, ~ ~ j ~. ,~ ~~ ~ ~ ~~/ , a \ `~: ~ ° i i ~ ~~ 6 1 1 S L`il i.~ x ~ 1 ~f ~. ~ ke < 1 .y` : ~~ E'~ii' i° ~ 1 ~ ilk :' o" 1 I ~T i i r : _ Q u 1 I I \ 'I E" W ~ C ~= ~1 .~ ~ ' ~ w W _ ~ ~ ~ a r ~ ~':I i 1''~~P- ~-- W ~ _~ ~I' i ii~~'l ~ 3 3 _ _~:~~ ___- ......... .~~.i.` '~: 0 ~ .~ i ,III ~ ., L '•oY•• , I o ~;~ ,1.;~ ';~ ;Iti •i~ ~'~. :d!_ ? s u .,....~ ,..~.. -z ., rR; ~f gt ~~-- ~`. w \ tl} ~ ~` \ i ~? ~i~ 1 Q !1 r ~ o e M Y r I Y ~, • I 1 ~~ • e .). • pi 35 9 i. f \ 1. :~ ?iE i:' :i t I i i~, e.p I?'` F f I ~ { . •i I L ` ~ .• • F • :~ ~ *? - 1 .;` ig. 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'• ~~ ~~ 1 (; S.C ~ i c e I ., v ~ k"i ~ w r ~ - q ~ . ~ ~:..I ~~~: ~ ~ ~~~ $ ~ ~ Ir.-~ 1~. ~' 4 i c : i V ~.r _ . 1 ~ ~ i *. i : 1 ~ 7 } F ~ [t W m ~ ~ ~~ 1 /3 1 ( ~ //yyI~ F' ~. ~~ ;F : G. , > . , s ~ r.~ °¢ O ',' < 1 I 1 ~'. ~ ~ G ? T II' . , W < >. U . t ~ .. .:~ ~~:'::..~ r T i ;, _J ._~, I w., `~; _ , ': .~ . - . ~_- - _ --- - - .. ... ~ a° : ~ 4 , !rte .~ z ,I p Q Z>•~I {y C .. it L7 a,'. ~. ¢pW~~ ' ,aQ~ z W O O ~~: {~l i ~ `- ~a ~' -i: ~ { ~ 1-, ~ ~• ( [ °I ~ .~3 < i ... ~~ ._ - j^ 4~~ 2 o 2 i YJ~ _.... i n„ R,il ZI I ~.~i ' 1 I 1 1 , QCI ~; l1J • - ~~ ~, RESOLUTION N0. 81-17 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, CONOITI ONALLY APPRDVING TENTATIVE TRACT MAP N0. 11549. WHEREAS, Tentative Tract Map No. 11549, hereinafter "Map" submitted by Lewis Homes, 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 residential subdivision of 52 acres located on the southwest corner of Summit and East Avenues into 90 lots, regularly came before the Planning Commission for public hearing and action on March 11, 1981; 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 Dresented at the public hearing. NOW, THEREFORE, the Plann in9 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. 11549 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 injury to humans and wildlife or their habitat; (e) The tentative tract is not likely to cause serious public health pro 6lenis; (f) The design of the tentative tract will not conflict with any easement acquired by the public at large, now of record, for access through or use of the property within the proposed subdivision. • ~~3 Page 2 (g) That this project will not create adverse impacts on the • environment and a Negative Declara Lion is issued. SECTION 2: Tentative Tract Map No. 11549, 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 Garcia House shall 6e preserved by relocation to another site at the expense of the developer. The developer shall work with the Director of Community Services and the City Historic Coimnissidn to find an appropriate location. 2. A detailed plan indicating which trees are needed to 6e removed and where new windrows shall be planted, shall be submitted to and approved by the City Planner prior to final approval of map. The developer shall be responsible for planting new windrows where deemed appropriate by the City Planner. 3. The Palm trees near the Garcia House shall 6e relocated to the Etiwanda Avenue frontage by the developer. This shall be shown on the detailed tree plan. ENG INEERING DIVISION) ~ • 4. Erosion protection measures at the end of Ash Avenue shall be constructed to the satisfaction of the City Engineer, A letter from the downstream property owners agreeing to accept drainage runoff from Ash Avenue shall be required. 5. Complete hydrology study shall be submitted to the City to review the drainage impact on Summit, Etiwanda and East Avenue. 6. Construction of East Avenue improvements for the tract shall be coordinated with the construction of east side of East Avenue at the intersection with Summit Avenue which is a condition of approval for Parcel Map 5441. 7. Existing damaged rock curb and gutter on Etiwanda Avenue shall be repaired with similar type materials to the satisfaction of the City Engineer. 8. Dedication by separate instrument of that portion of Cassia Street outside of tract boundary shall be required concurrent with the recordation of the final map. ~/U Page 3 ~ ~- • 9. 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. 10. Final plans and profiles shall show the location of any existing utility facility that would affect construction. 11. Concentrated drainage flows shall not cross sidewalks. Under sidewalk drains shall be installed to City standards. 12. Existing City road requiring reconstruction, shall remain open for traffic at all times with adequate detours during actual construction. A cash deposit shall be required to cover the cast of the grading and paving prior to recordation of the tract map. On completion of the grading and paving, to the satisfaction of the City Engineer, the cash deposit shall be refunded. 13. Adequate provisions shall be made for acceptance and disposal of surface drainage entering the property from adjacent areas. 14. Letters of acceptance from downstream property owners shall be required where runoff from the tract flows onto • private properties. 15. Private drainage easements with improvements for cross lot drainage shall be required and shall be delineated on the final map. BUILDING DIVISION 16. Surety shall be pasted and an agreement executed, guaranteeing completion of all on-site drainage facilities necessary for dewa to ring all parcels, to the satisfaction of the Building and Safety Division. 17. Appropriate easements, for safe disposal of drainage water that are Conducted unto or aver adjacent parcels, are to be delineated and recorded to the satisfaction of the Building and Safety Division. 18. On-site drainage improvements, necessary for dewa to ring or protecting the subdivided properties, are to 6e install'ed prior to issuance of 6uildin9 permits far construction upon any parcel that may be subject to, or contributes to, drainage flows entering, leaving or within a parcel relative to which a building permit is requested. C~ 1 !~ Page4 19. Final grading plans for each parcel are to he submitted • to the Building and Safety Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) APPROVED AND ADOPTED THIS 11TH DAY OF MRRCH, 1981. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA I, ,LACK 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 Cucamonga, at a regular meeting of the Planning Conmission held on the 11th day of March, 1981 by the following vote • to-wit: AYES: COMMISS TOME RS NOES: COfiM ISSIONE RS: ABSENT: COMMISSIONERS: Sceranka, Rempel, King, Dahl None Tolstoy • ~ i '. ~ ~ ', DEPARTMENT Df COh1F1-NI TY OE'1ELDPMEi1T STA!JDARD COiID IT70NS • subject:~t~}Tr~!U~ .TR~" 115~~ Applicant:_~„(~(5 p!yht'~~ Location: ~~L ~~ ~`~„~ Those items checked are conditions of approval. APPLICANT SHELL CONTACT THE PLAtJilI BG DIVISION FOR COi•1PLIAiICE 41ITH THE FDLL041Ii;G CO^DITIONS: A. Site Cevelopment 1. Site shall 6e 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 he submitted to the Planning Division prior to fssuance of building permits. 3. Approval of this request sha 11 not waive compliance with all sections of the Zoning Ordinance and all other applicable City Ordinances in effect-at ' time of Building Permi t. issuance. _ 4. The developer sha 11 provide all lots with adequate sid eya rd area for Recreation Vehicle storage pursuant to City standards. 5. Mail boxes, fn areas where sidewalks are required, sha 11 be installed and Coca ted by the developer subject to approval by the Planning Division. _ 6. Trash receptacle areas shall be enclosed 6y a 6 foot high masonry wall with view obstructing gates pursuant to City standards. Location shalt 6e subject to approval by the Planning Division. 7. 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 material shall be submitted to the Planning Division for-review and approval prior to issuance of building permits. 9. All roof appurtenances, including air conditioners, shall be architecturally integrated, shielded from view and the sound buffered from adjacent properties and streets as required by the Planning and 6uil ding Divisions. ~10. Prier to any use of the project site or business attivity being tonmenced thereon, all conditions of approval contained herein shall be completed Co the sa [i5fac lion of the Director of Cos: ^uni Cy Developr..en t. -. J 1~~? ~ ~ 11. A detailed lighting plan shall be submitted to and approved by the Planning Division prior to issuance of 6u ilding permits. Such plan shall indicate style, illumination, location, height and method of shielding. No lighting shall adversely affect adjacent properties. _ 12. A11 swimming pools installed at the time of initial development shall be solar heated. _ 13. Texturized pedestrian pathways across circulation aisles shall be provided throughout the development to connect dwellings with open spaces and recreational uses. 14. All trash pick up shall be for individual units with all recepticals kept out of public 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. 16. All buildings numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 17. Solid core exterior doors, security dead bolts and locks shall be installed on each unit in this project. 18. Security devices such as window locks shall be installed on each-unit. 19. All units within this development shall he preplumbed to 6e adapted for a solar water heating unft. ~20. Energy conserving building materials and appliances are required to be incorporated into this project to include such things as but not limited to reduced consumption shower heads, better grade of insulation, double paned windo~.vs, extended overhangs, pilotless appliances, etc. 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. 1~ 23. Local and Master Planned Equestrian Trails shall be provided throughout the tract in accordance with Che Equestrian Trail Plan for Alta Loma. A detailed equestrian trail plan indicating widths, maximum sYopes, p hyrical condition, fencing and weed control in accordance with City equestrian trail standards.shall be submitted to and approved 6y the _ City Planner prior to approval and recordation of the final map. ~2C. This [ra ct shall form or annex to a maintenance district far maintenance of equestrian trails. • i ~ ~.' ' 25. This project shall provide percent of affordable housing and/or rents, in conformance with General Plan housing policies and the housing Criteria defined in the Growth Management Ordinance. Affordability shall • be determined by current market rates, 'rents and median income levels at the time of construction of Lhe project. Proof of this provision - shall be submitted to the Planning Division prior to finalizing building pe mits and occupancy of the units. B. ~ Parking and Vehicular Access --~ 1. All parking lot landscaped islands sha 17 have a minimum inside dimension of 4' and shall contain a 12" walk adjacent to pa rkinq 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. Emergency 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 parking spaces shall 6e double striped. 6. All units shall be provided with automatic garaee door openers._ _ 7. Designated visitor parking areas shall be turf blocked. • _ 8. The C.C. b R.'s shall restrict the storage of recreational vehicles on this site unless they are the principle source of transportation for the owner. 9. No parking shall be permitted within the interior cirulatien aisle other than in designated visitor parking areas. C.C. & R. 's shall be developed by the applicant and submitted to the City Planning Division prior to issuance of building permits. C. Landscaoing 1. A detailed landscape and irrigation plan shall he submitted to and approved by the Pla nn in9 Division prior to the issuance of building pernii ts. ~. Existing trees shall be retained wherever possible. A master plan of existing treys shovii ng their precise location, size and type shall be- eo--pleted by the developer. Said plan shall take into account the proposed grading and shall be recuired to be submitted to and ap?roved by the Planning Division prior [o approval of [he final grading plan. I i' i ~ C _~3. Existing Eucalyptus trees shall be retained wherever possible and shall be trimmed and topped at 30'. Dead, decaying or poten tiallY dangerous trees shall be approved for removal at the descretion of the Planning Division during the review of the hfaster 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 be installed in accordance with the Fla stet 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' an exterior streets. 5. A minimum of 50 trees per gross 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. _L/7. All slope banks in access of five (5) feet in vertical height shall and are 5:1 or greater slopes be landsca p~ed and irrigated in accordance with slope planting requirements of the City of Rancho Cucamonga. Such.slo pe planting shall include but not be limited to rooted ground cover and appropriate shrubs and trees. All such planting and irri gatien 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 shalt be completed by the Planning 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 germinate Lhe seed and to a point 6 months after germination, 8. All parkways, open areas, and landscaping 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 build in9 permits. _ 9. The front yard landscaping, and an appropriate irrigation system, shall be installed by the developer in accordance with submitted plans. 10. The final deli rn of the perimeter parkways, walls, landscaping and , sidewalks shall be included in the required landscape plans and shall be subject to approval by the Planning Division. ` 11. Amin i~-gar of specimen Size trees shall be planted' within the project. 12. Special landscape features such as mounding, alleivial rock, specic~an size trees, and an abundance of landscaping is required along L !~J ~' D. Si_yns _ 1. Any signs proposed for this development shall be designed in conformance 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 for their review and approval prior to issuance of Duildin9 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 Aoorovals Redui red _ i. Director Review shall be accomplished prior to the issuance of a Building Permit. 2. Director Revie~,v shall 6e accomplished prior to recordation of the final subdivision map. 3. Approval of Tentative Tract No. is granted subject to the approval of Zone Change _ and/or Varianc°/Conditional Use Permit ____ 4. This Conditional Use Penit is granted fora period of ~ month(s) at which time the Plannind Coraniss ion may add or delete conditions or revoke the Conditional Use Permit. 5. 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 I have read the C.C. & R.'s and und__=rstand that.5aid Lot is subject to a mutual re- ciprocal easement for the purpose of allowing equestrian traffic to gain access. Signed Pu rc tta ser Said statement is to 6e filed by the developer with the Ci[y prior to occspancy. y/`~E. Prior to a,,^.,-roval and recordation of the final map, or prior to issuance of building permits, vinan no subdivision map is involved, written certification from all affected Sc!tool Districts, shall be su 6ait[ed to the Department of Cc;rmunity Develop^ent v:h ich states that adequate sc hnol facilities are or will be ca;;a hle of acco:-roda ttng stu dr_ncs generated by this prof ec C. Such letter of certification must have been issued by the School District within sixty (GO) days ,,^.rior to the heal s,ap apcrnv„1 in the case of the 5utdivision map or issuance of permits in the case of all other residential projects. n C ~7. Prior to approval and recordation of the final map, or prior to the issuance of building permits when no map is invnived, written certification frem the affzcted water district, that adequate sexier and water facilities are or will be available 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 o£ permits in the case of all other residential projects. For projects using septic Lank facilities alloorabie Dy the Santa Ana Regional lJater Control Board and the Cf ty, written certi- fication of acceotabil ity, including all supportive information, shall 6e obtained and suhmitted to the City. ~8. ihis approval shall became null and void if the tentative subdivision map is not approved and recorded or bull di ng permits issued when no map is invclved, within twelve (72j months from the approval of this project unless an extension has been grantzd by the Planning Commission. ~"9. This subdivision was not suhmitted as a total development package and is required to reapply for a point rating relative to the design section of the Grod th i•ianagement Ordinance prior to final approval and recordation of the map if the subdivision is yoir~q to 6e developed as tract homzs. AP PLI CAiIT SHALL CO?17ACT THE BUII.DI?;G DIMS IO'I FDR COh1PLiANCE 14ITN THE FO1L047T PiG CD~'DITCO~75: Sitz Dev etocrznt - ~1. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Plational Electric Codz, and•. all other applicable codes and ordinances in effect at the time of approval 'of this project. ~2. Prior to issuance of huilding permits for combustible construction, evidence shall to suhmitted to the Foothill District fire Chief that water supply for fire protection is available. _y/'3. Prior to the issuance of a building permit fora new residential dwelling units} or major addition to an existing unit(s), the applicant shall pay development fees at the esta bT iShed rate. Such fees may include, but not be limited to: City Oeautifica tion Fee, Park Fee, Drainage Fee, Systems Development Fee, Permit and Plan Checking Fees, and School Fee. _ 4. Prier to the issuance of a building permit for a new commercial or industrial development or addition to an existing development, Che applicant shall pay development fees at the esta hl fished rate. Such fees may include, but not be limited in: Systems Development Fee, Drainage fee, Permit and Plan Chec Y,i ng Fees. 5. Ti,i> accr^,vai shall become null and void if bu itding permits are not issued fm' this protect ~.~i t".rn one year from tha date of project approval, S h'ee! na^.es and addresses shall ~te prariJed by the building official. ' J ..+: ,:. t ~. Dwelling units shall be constructed with fire retardant material and non-comhustible roof material. . _ 8. All corner dwellings shalt have the b}ii lding elevation facing the street upgrade with additional wood trim around ~nindows and wood siding or plan-ons where appropriate. G. Existing Structures 1. Provide compliance with 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 he demolished. 3. Existing sewage disposal facilities shall he removed, filled and/or capped to comply with appropriate grading practices and the Uniforn Plumbing Lodz. H. Grading y~l. Grading of the subject property shall be in accordance with the Uniform Building Lode, City Grading Standards and accepted grading practices. The final grading plan shall be in substantial conformance with~the - approved conceptual gracing plan. • ~2. A soils report shall 6'e prepared by a qualified engineer licensed 6y the State of California to perform such work. 3. A geological report shall be prepared 6y a qualified engineer or 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 be completed prior to recordation of the final su bd •; vision map or issuance of building permit oihichever comes first. APPLICANT SHALL COiITACT THE ENGiIiE E^RIG DIVISION! FOR CO?1PLIANCE IJI iH THE FOLLOII i iIG COUDITIOliS: - I. Oedi ca ticns and 'Jehicular Access i =- - ' o't 1. Dedications shall be made 6y final map of all inte:•ior street rights-of-v:ay ~s and all necessary easements as sho~.vn on the tentative map. sr 2. Cedicaticn shall 6e rode of the rolta::ing missing rfghts-of-way on the fcllo~.v ing strcety ~~ addi ticnal (eel on:-1.J-f ff5'C. Q}~!r.Lj ~tprn~~~,..{, ~!a~ • _ additional fe^[ on C~2.,~:~ ,e addi;ior.al feet cn 1,_^. 7 ~3. Corner property line radius will be required per City standards. 4. All rights of vehicular ingress to and egress from shall be dedicated as follows: 5. Reciprocal easements shall be provided ensuring access to all parcels over private roads, drives, or parking areas. ' _ 6. Adequate provisions shall be made for the ingress, en gre ss 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. Gtreet Improvements ~1. Construct full street improvements including, but not limited to, curb and gutter, A.C. pavement, siderral k, drive approaches, parkway trees and street lights on all interior streets. ' .f~ 2. Construct the follovrin9 missing improvements including, but not limited to: CURB & I A.C. SIDE- DRIVE STREET A.C. WHEEL STREET NAVE GU?TER PVIdT. WALK APPR. LIGHTS OVERLAY CHAIR RA:'=1PS (OTHER' C~/ .a^ .o a. d .sa er ~-,~ . - ~ m ~ I ~ ' !yt rst E ~ ' ~ ~.~1` ~ T'' u u 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 impro vemen[ plans approved by the City Engineer and prepared by a Registered Civil Engineer shall 6e required, for all street improvements, ,mow prior to issuance of an encroachment permit. _.s~ 5. Surety shall be posted and an agreement executed to the satisfaction of the City Engineer and the City-Attorney, guaranteeing completion of the p161ir improve^ents, prior to retarding of the crap or the issuance of building permits, whichever comes first. 1 J _,.P 6. All street imnrovemants shall be installed to the satisfaction of-the City Enqi r.e er, prior to occaoancy. 7. Pa vn^ent striping, marking, d•a ffic and street name signing shall be insta 112d per the requirements of Che Ci [y Engineer. la~l K. Dra inane and Flood Control 1. The applicant will be responsible far construction of all onsite drainage • facilities required 6y the City-Engineer. _ 2. Intersection drains will be required at the following locations: 3. The proposed project falls within areas indicated as suhj ect to flooding under the Plational Flood Insurance Program and is subject to the provisions 'of the program and City Drdina r.ce No. 24. 4. A drainage channel and/or flood protection wall will he required to protect the structures by diverting sheet runoff to street. _ 5. The following north-south streets shalt be designed as major water carrying streets requiring a combination of special curb heights, cormercial type drive approzches, rolled street connections, flood protection walls, and/or landscaped earth berms and rolled driveways at property line. L. Utilities - ~1. All proposed utilities within the project shall be installed underground including utilities along major arterials less than 12 KV. - • ~i~2. Utility easements shall be provided to the specification of the serving ~,s utility companies and the City Engineer. +~ 3. Developer shall be responsible for the relocation of existing public utilities, as required, -• w®'~4. Developer shall be responsible for the installation of street lighting in accordance with Southern California Edison Company and City standards. ,~ 5. 4later and sewer system plans shall be designed and constructed to meet requirements of the Cucamonga County Lla ter District (CCIJD), Foothill Fire District and the Environmental Health Department of the County of San Bernardino. A letter of compliance form LC4!D will be required prior to recordation. ~6. Approvals have not been seru red from all utilities and other interested age*+c:ies involved. Approval of the final map will be suhj ett to any requirements that may be received f+'om them. f1. General Raeuire~~n is ar,d Acorn eels - _ I. Pernits from other a,•~n r,i es wili 6e required as follows: A. Cal tra ni for: • -B. County Oust „bz recent r~nuii ed prior to issuance of a grading permit) ~C. San Perna rdino County .load Lontrol District D. Other: .,,. , C (, 2. A copy of the Covenants, Conditions and P,estrictions (CC uR's) and Articles of Incorporation of the Homeovmers Association, subject Lo the approval of the Lity Attorney, shall 6e recorded with this map and a copy provided io the Lity. _ ~ ~;~ . ~3. Prior to recordation, a Notice of intention ToAform Landscape and Lighting Districts shall be filed with the City Council. The engineering costs involved in Districts Formation shall be borne 6y the developer. ~4. Final parcel and tract maps shall conform to City standards and procedures. Ie~~ NEGATIVE CECLARATION 1. Drief Description of Project: ENVIRONPIENTAL ASSESSMENT FOR TENTATIVE TRACT N0. 11549 - A residential tract subdivision of S2 acres into 90 lots in the R-1 zone generally located on the southwest corner of Summit and F.a st Avenue - APN 225-181-02-04, 06-09, 26 and 43 2. Name and Address of Applicant: Lewis Homes of California 1156 N. Mounatin Ave. Upland, Calif. 91786 3. Pursuant to the provisions of the California Environmental 4uality Act of 1970, the City of ' Rancho Cucamonga has determined that the above project will not have a significant effect upon the environment. An Environmental Impact Report will not be required. 4. Eli nutes of such decision and the Initial Study prepared by the City of Rancho Cucamonga are on file in the Planning Division of the City of Rancho Cucamonga. 5. This decision may be appealed to the City Council of the City of Rancho Cucamonga. A written appeal and filing fee of $100.00 must be received by the • Planning Division no later than 5:00 p.m. March 25, 1981 6. This Negative Declaration is subject to the implementation of mitigating measures (if anyl as listed on the attachments. DATED March 12, 1981 :_ Y. -~,P~~ Chairman, arming Commission y. ~~ 7 CITY OF RA.4CH0 CUCh;ONGA' INITIAL STUDY PART I - PROJECT INFORMATION SHEET - To be completed by applicant Enviroivre ntal Assessment Review Fee: $80.00 For all projects reeuir ing environmental review, this form must be completed and submitted to the Development Review Co;nmittee through the department where the project anplicat ion is mzde. Vpon receipt of this application, the Envirormental Analysis staff will prepare Part IT 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 ComTittee will make one of three determinations: 1) The project will have no en•/irorupertal impact and a Nagative lleclaration will be filed, c) 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: Tract Number 11549 APPLICANT'S NAME, ADDRESS, TELEPHONE: t.ewis Homes of California, 1156 North Moun[ai Avenue, P. 0. Box NAME, ADDRESS, TELEPHONE OF PERSON TO BE CONTACTED CONCERNING TFiZS PROJECT: 1ton Nott in oh Lewis Homes of California, 1156 North Moun [ain Avenue, P. 0. Box 670, Upland, CA 91786 714/985-0971 ]:OG~T ION OF PROJECT (STREET ADDRESS AND ASSESSOR PA iiCEL NC.) Ec iwanda Avenue to East Avenue. southerly of Summit Avenue. , 225-181-02, 02, 03, 06, 07, O8, 09, 26, 43 LIST OTHER PE R'•iI TS NEC ESEA RY FFOM I,OCA L, REGIONAL, STATE Ai1D FEDERAL AGESCZES AND TkiE AGENCY ISSUING SUCH PERMITS: Santa Ana Ree inwl Water Duality Control Board I^ ) / ~t r' c. F: ~- ~ • PROJECT DESCRZPT ION DESCRIPTION OF PROJECT= 90 lot in 1 famtty r nid n tit ACREAGE OF PROJECT AREA AND SQUARE FOOTAGE OF EXISTING AND PROPOSED BUILDINGS, ZF ANY: 52 acres Existing Buildings 3,000 s.f. anprox ina tely Proposed Buildings = 170,000 s.f. apProx imateh• DESCRIBE THE E\^7I R0 `:)^?`ifAL SETTT_":3 OF THE PROJECT SITE INCLUDING ZNeO Rt iaTION ON TO PO GRn PHY, PLAh:S (TREES), ANIMALS, ADpI CULTL'~a L, HISTORICAL OR SCENIC ASPECTS, USE OF SURRO L'NDING PROPERTIES, AAA THE DESCRI?T ION OF AhY EXISTING STRUCTURES A\~ THEIR USE (ATTACH NECESSARY SHEETS): There are Eucalyptus windrows running east-west spaced a[ 33U teec= • plus north-south windrows along Eas[ Avenue and a[ two interior locations. (See attached map showing windrows.) A portion of [he site is covered were the rodents, birds, ar,d rabbits normal to the general area. There ,s an exist inc verv old house on the nroperCV. I[ appears [o be of marginal condition [o maintain. Rowever, we nave peen rn contacc wttn [he local historical soc iecy and will relocate ch is house to an appropr is to local location a[ our expense when the soc ie[v has provided such a site. Ores of surround in ro er[ies are sh wn on the enclosed sit utilization map. These uses consist of ex is[ing residences, vacant lots, orcn arcs. 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 envire n.^te ntal impact? I- 2 13. y . C WTLL. TiliS °P.O,i PCT: yES f:0 ~ 1. Create a substantial change in ground contours? _ _g 2. Create a substantial change in eri sting noise or vibration? _ .~. 3. Create a substantial change in dem=_nd for municipal services (po lie^, fire, water, sewage, etc.)'. _ x q. Create changes in t.*.e existing zor.ine or general plan designzt ions? % 5: Remove any eristing trees? How many? 350 g 6. Create the need for use or disposal of potentially hazardo:a r=_terials such as tonic substances, fla ^:.faL•les or explosive s? Explanation of an}' Y`5 an =_w•ers abot•e: The clans show the many • ex is ring eucalyptus windrows to be maintained if desirable to the Cicy. Howe VCr, aDPTOx SmatelV TO% oT 3$0 ¢U CalVpCUS [Lees aTe shown t h removed. Also, Chere is a small citrus grove which is noC maintained which will have to be rem ved (S a letter d t d 8/28/80 "th 'te 1 r~ard ins nossibly saving additional euealvp tus windrows alone East Avenue and Sunoni[ Avenue.) I D!?iRT ;77^: If the project invol:•es the construction of residential units, complete the form on the next page. CEP,TI FIC IT IO V: I hereby cerii.`y that the statements furnished shove and in the attached e>:h ib its present the date and into r;;•..~t ion required fer this initial evaluation to tl:c best o: r..y aL•ility, and that th^ :acts, statements, and inform ion presented are true and correct to the best of m}• knowledge and belief. I further understand t'.t]t additional in;or:^.a tics mn;~ bo required to be submitted befo=: an adequate evavuation can be Wade by the Devo!ornent Review Corun itice. Lewis Ho •s of California Date .l mnw rv 21 1981 '~• Signatur_ by wee ,i T1t1C A~ thori rrd Anrnt 7-l fJ J .. ~ . t.. • PL 570?:1TI1, C07^•S^?'~:C:'?7; The folloorinq information should be provided to the Cicy of Rancho Cu camor.ga Planning Di•:ision in order to aid in assessing the ab ill t!: of the school district to accorimodate the proposed residentizl doveleps~.e nt. t7ame o` Developer ar.d Tentative Tract No.: Lewis Homes of California tract 11549 Speci _`ic Location of PZOject: Etiwanda Avenue to East Avenue southerly of Summit Avenue PY.ASi; I PI'.r.SE Z PIiAS ^; 3 Pi?ASF. 4 TCT?.~ 1. 17~,. of si ~~e ~ fani lp cnits: 34 30 26 N/A 90 2. Nu ^.ber o` mvltiole family u..its: N/A N A N/A N/A N/A Cate o ocsed to October April October - becir. ccaatruetic^: 1981 198? 1982 N/A N/A 4, Car'_ie st date Of April October April oc c.: an c•:: 1982 L982 1983 N/:1 N/A tdodnl 5. Hedrocrs Ptice Rar 640 - 4RR slsp.nap 6 5 6 N/A 17 684.2 G84.3 - 43R 135,000 9 A 6 N/A 23 685 - 711R II4 r1ap 8 fi 7 NA\ 21 687 - 36R 170,n0a 10 9 8 N/,\ 27 • fy4 - IiR 155,ON1 I 2 1 N/A 4 Note: The above arc nor best est imntus at this date (8/28/80) and are gp subject to change. Revised I/2 Ue L - ~ ~ 1 CITY OF RANCHO CUCAMONGA PART II - INITIAL STUDY ENVIRONA(ENTAL CHECKLIST DATE: 3 '7 ~ O APPLIChtiT: y~iy~p {I(i/yty 7 FILING DATE: - LOG NUtIDER:~ II-J~9 PROSECT: PROSECT LOCATION: _ I. EWIRONMENTAL I3IPACTS , (Explanation of all "yes" and "maybe" answers are required on attached sheets). YES MAYBE NO 1. Soils and Geology. Hill the proposal have significant results in: a. Unstable ground conditions or in changes in geologic relationships? _ b. Disruptions, displacements, compaction or burial of the soil^. y c. Change in eepography or ground surface / contour intervals? ., 1/ d. The destruction, covering or modification " of any unique geologic or physical features? ,/ Y e. Any potential. increase in wind or water ' erosion of soils, affecting either on or off site condi [onsT ~/ -it f. Changes in erosion s7tatlon, or deposition? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? _ h. An increase in the rate of extraction and/or / use of any mineral resource? _ • 2. ydro logv, IJtll the proposal have signif scan[ results in: i 7 0 . _ rigs c YES MAYBE NO a. Changes in currents, or the course ~of direction • of Flowing streams, rivers, or ephemeral stream channels? . / -K b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? .L c. Al tera[ions [o the course or flow of flood waters? Y d. Change in the amount of surface water in any body of water?. 1/ L e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? g. Change in [he quantity of groundwaters, either through direct additions or with- drawals, or ihrongh interference with an aquifer?- Quality? Quantity? ~/ h. The reduction in the amount of water other- . wise available for public water supplies? i. Exposure of people or property [o water related hazards such as Flooding or seiches? . / - 3. Air Quali [y. Will [he proposal have significant Y res ults in: a. Constant or periodic air emissions from mobile or indirect sources?'" Stationary sources? _ b. Deterioration of ambient air quality and/or in eerEerence with the ae[ainment of applicable air quality standards? ~/ c.-- Alteration of local or regional climatic conditions, of Eecting air movement, mo is CU re or temperature? 4. gioCa Flora. (Jill the proposal have significant results Sn: • a, Change in the characteristics of species, including diversit distrib ti y, u on, or number of any species of plants? ~/ b. Reduction of the numbers of any unique, rare or endangered species of plants? - YES MAYBE NO c. Introduction of new or disruptive species of plants into an area? . d. Reduction in the potential for agricultural production? _ Fauna. Will the proposal have significant results in: a. Change in the characteristics of species, including diversity, distribution, or numbers of any species of animals? b. Reduction of the numbers of any unique, rare ,/ or endangered species of animals? _ c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or movement of animals? ~/ d. Deterioration or removal of existing fish or A wildlife habitat? _/• 5. Population. Will the proposal have significant results in: a. Will the proposal alter Che location, distri- bution, density, diversity, or growth rate of the human population of an area? b. Will the proposal affect existing housing, or create a demand for additional housing? _ fi. Socio-Economic Factors. Nill [he proposal have signif icon[ results in: a. Change in local or regional socio-economic characteristics, including economic or commercial diversity, [ax rate, and property values? b. Will project costs be equitably distributed among project beneficiaries, i.e., buyers, ~- tax payers or project users? 7. Land L'se and planning Considerations. Will the proposal have significant results in? a, A SUhS bin[ial Alta Ca Cln^ Of [he present OL planned land use of an area? b. A conflict with nny designations, ohj ec [Sues, policies, or adopted plans of any governmental ./~ entities? _~/ c. An impact upon the qulaity or quantity of existing consumptive or non-consumptive . / recreational opportuni[Ses? _ ~' • • yvKaN ~is~as~c sF~tvicF ~- P.O. Eet 1 Alle Lemo, Colifemia 91701 T~lephon~ (711) 9E7-2110 Beverly Authelte City Clerk Rancho Cucamonga, CA 91730 Dear Ms. Authelte: March 16, 1981 Please place me on the agenda for the April first meeting of the City Council. I request this time to discuss the information in a letter sent to the C;ty Council. • CC: City Council • Respectfu ly///, 'I" / /'^T ~.Ooseph Avakian I ~~i • ... ~ STAFF~REPORT`v~, DATE: April 1, 1981 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer ~O 1C G ~ f ~ a O - ~ U ~ i 1977 SUBJECT: Resolution of Intention to Modify Houndary Lo Assessment District 79-1 • Attached fcr Council approval is a Resolution of Intention to modify the boundaries of the Industrial Assessment District. These modifications follow closely the Staff recommendation presented in the March 4 Staff Report. Basically these changes remove the Daon property and squares off the southerly and wester- ly boundary to make them more consistent with the fee district. A detailed description of these changes is attached with a summary of the inpact in cost. The primary impact of these changes are to reduce the storm drain assessments from $4,700 per acre to $4,117 per acre. This would represent a considerable savings under the current fee which is $4,600/acre. Staff is requesting this Notice of Intention to allow us to re- notify the property owners of these changes prior to the April 15 hearing. in addition to notifying those prey iously, noticed~rew properties would also be informed and their input solicited. This action will not commit the Council to approval of the modified proposal. Staff has been meeting with property owners since the Public Hear- ing to obtain modification which would allow the District to pro- ceed with a substantial reduction in the previous protest. I am optimistic that a solution will be accomplished soon to present to the Council for your consideration. Respectfully s bmitted, LBH:jaa Attachments ~ `,~ 0 ASSESSMENT DISTRICT NO, 79-1 • 6TH STREET INDUSTRIAL AREA CITY OF RANCHO CUCAMONGA ESTABLISHMENT OF ASSESSMENT BOUNDARIES The area under consideration might be considered from a drainage standpoint as an alluvial fan. Runoff from the heavy ra infail encountered in the mountains northerly of the project concentrates into canyons and spreads out across the area where the proposed assessment district lies. The drainage Flows in a southerly direction with very little elevation differential occurring in the east- west direction other than the Day Creek and Deer Creek channels that align with the direction of the drainage flow. The storm waters flowing across the • area are not precisely confined except for the abovementioned channels. This is further borne out by the fact that maps prepared by the Federal Flood In- surance Administration indicate that the entire area between Interstate 15 and the Deer Creek channel is subject to flooding. The area of this assessment dis- trict, therefore, constitutes a part o(a much larger drainage shed. With the above background, the boundaries of this proposed assessment district are pro- posed as follows: Easterly Bounda~ The easterly boundary is proposed as the Interstate 15 Freeway. The freeway establishes a fixed boundary from a drainage standpoint with Storm waters crossing the freeway only in the conduits provided. Since the southerly flows across the area are impeded from changing course by the freeway, the freeway becomes a logical assessment district boundary (or drainage. • ~ Lf Southerly Boundary: The southerly boundary is proposed as the common City Limits line between the City of Rancho Cucamonga and the City of Ontario. This constitutes a legal jurisdictional boundary, although not necessarily a physical boundary from the drainage standpoint. By consistently attributing benefit to properties for storm drains installed at their southerly boundaries or pick-up points, the City Limits line assessment district boundary becomes consistent with the method of cost spread. Westerly Boundary: The westerly boundary is established as Deer Creek. Deer Creek, when fully constructed, will theoretically intercept all drainage flowing in an east-west direction such that the creek would be a physical boundary to any drainage plan. Northwest Boundary: The westerly boundary is modified northerly of Eighth Street and is extended easterly from Deer Creek to Haven Avenue and thence north of Haven Avenue to Arrow Highway. The reason for this is the nature of the property excluded by this westerly boundary modification. The property consists principally of • a golf course and residential units. Benefits to golf courses by drainage facilities are limited. Residential units are inconsistent with the proposed land use for the rest of the assessment district. There is a storm drain proposed on Eighth Street extending easterly from Deer Creek on the southerly boundary of this proposed area to be excluded. By not constructing that storm drain within this assessment district, the area so excluded will retain a drainage deficiency similar to that which its assessment would have been had it been included. Northerly Boundary: The northerly boundary for the proposed assessment district is proposed as Arrow Highway. In establishing this street as a 6ounda ry, it is recognized that this is not the boundary to the natural drainage shed. On the other hand, 6y omitting construction of the proposed storm drains on Arrow High- way such that these storm drains will become the obligation of the upstream owners, an equity as between those properties within and without the dis- trict is established. Arrow Highway then becomes a logical terminal point for benefit for works proposed by this assessment district. r1 U j ~~~ ASSESSMENT DISTRICT N0. 79-1 • 6TH STREET INDUSTRIAL AREA CITY OF RANCHO CUCAMONGA Amended 7 April 1987 CONSTRUCTION AND INCIDENTAL COSTS Original Balance to Assessments $11,417,277 Eliminate SC Storm Drain ~ - 7,865,952 Subtotal $ 9,551,325 Eliminate East 1 lane of Milliken between 6th E 7th and North 1 Zane of 6th between Milliken to 1090' easterly - 115,359 Subtotal $ 9,435,966 Eliminate 2 lanes of Cleveland from 6th to 7th - 130,996 • Subtotal $ 9,304,970 Add 48" Storm Drain extension of Trademark Street to Deer Creek + 107,040 Subtotai $ 9,412,010 Add 46" Storm Drain in 4th Street from Deer Creek to Center + 107,040 Subtotal $ 9,519,050 Less Storm Drain Fees from Lusk Properties - 5,800 I AMENDED BALANCE TO ASSESSMENT $ 9,513,250 LJ Iy~ ResocuxtoN Ne. 81-38 RESOLUTION OF THE CITY COUNCIL OECLARI NG ITS INTENTION TO ORDER CERTAIN CHANGES AND MODIFICATIONS TO THE BOUNDARIES AND PROCEEDINGE FOR A EPECIAL AEEEE$.MENT DIETAICT • • WHEREAS, this City Council has previously adopted a Resolution covering preliminary determination pursuant to [he p:ovisions of the "Special Assessment Inve s[igation, Limitation a Majority Protest Act of 3931", being Division 4 of [he StzeeCS and Highways Code of the State of California, and set a public he axi ng on certain improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. ]9-1 (here inaEtez ze fe czed to as the ^ASSe ssment District"); and WHEAEAEr at this time, this City Council is desirous [o declare its intention to oztlec ter Cain changes antl modifications to ehe works of improvements and boundaries of the proposed Assessment District; and NHEREAS, a map has now been submitted to this Couneil, dated the date o; this meeting, showing the amendment and addition of certain additional propertic s, as well as certain additional sGOrm drain improvements; and WHEREAS, it appeals to this City Council Chat said Changes and modifications ace in Che best public interest and all property owners again should be noticed by mail as to the of Eect and impact of these proposed changes and modifications. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the CITY OF RANCHO CUCh CONGA Se ate of California, as follows: SECTION 1. The above recitals ate all [eue and correct. SECTION 2. This City Council expressly declares its intention to order certain changes and modifications to the wo[k and boundaries eE [he Assessment District, as said amendments and modiEicat io ns are shown on a map attached hereto, marked Ephibit "A"r referenced and so incorpo catetl, SECT tON J. That said changes and nodi Ei<at io ns wilt cause thr ame ntlment and modification to the assessments s well as cause cerwin parcels to now ba assessed which were no[ previously propo s_d to be assessed, and this City Council at this time app:'oves an ~ y~r amended report of a essme nts as submitted to s the date of this meeting. this Counci Lr da Ced SECTION 4. NOTICE IS HEP.EBY GIVEN THAT ON THE 15TH OAY OF APRlL, 1981 AT THE HOUR OF ]:00 P.M. AT THE LION COi~iMUNITY CENTER, 9111 BASELINE ROAD, RAMC. f10 CUCRMONGA, ANY AND ALL PERSONS HAVING ANY OB.IECTIONS TO THE PROPOSED CHANGES AND MODIFZ CATIONS IN TFIE WORR AND THE PROPOSED INCLUS ICN OF ADDITIONAL PROPERTY WITHIN THE BOUNDARZ ES OF THE ASSESSMc'NT DISTRICT SHOULD APPEAR AND SHOW CAUSE cVHY SAID CHANGES AND MODIFICATIONS EHOULD NOT BE MADE. ANYONE OBJECTING TO SAID CHIUYGES AND MODIFICATIONS SHOULD FILE A WRITTEN PROTEST AND OB.IECT ION WITIt THE CITY CLERH PRIOR TO THE TIRE SET FOR SAID HEARING. SECTION 5. The City Cle[k is here Dy directed to immediately upon adoption of this Re so lu ciao, mail Notice to all prooerty owners within the boundaries of the Assessment Dis ttict, said Notice advising said property owners as to their estima[ed d69e56m000r db deteYT.ll med dt Gh 15 time by the :'.~i+~ ~~~ ~~r <.::_. ~; •-•~. -: ...~: Engineer of Work. APPROVER and ADOPTED this day o: • MAYOR CITY OF RANC110 CUCA.NONCA ATTEST: CITY CLE RR 1I 1I u _1_ ~_~~ CHANGES AND MODIFICATIONS TO WO RA PhOC EEDINGE AND BOUNDARIEE \ OF AEEESSMENT DISTRICT ~~ Proposed Changes: A. Delete storm drain line number 5(c( and modify boundaries to delete properties \no longer ceceivi ng a benefit Erom the l~coposed construction of said drainage H. De le all street imp roveme nes on CLEVE ND AVENUE, notthe[ly of 6TH STREET. . p.,: :.,,. .'.. .. ..... ...... .. . • ~ C. Delete el sheet improvements in MFLLI EEN A NUE, northerly of 6TH STREET (east ly he lE(. D. De le [e all stc t improvements in 6TH STREET from "LLI REN AVENUE io a point approxima ly HDo Eeec easterly D. Construct certain addi ion al storm drain improvements in t southwesterly portion of the distxict, nd modify the boundaries to add ce train tlitional properties now de to zmined to receive a benefit Erom the works of i roveme nC (For particula cs, reEe [e nee is ade to a map as submitted by ehe Ass ssme nt Engineer, dated the 1st day of Ap '1, 1981r a copy of which is on file i the office of the City Cle rk~. ~~~~~ '~ ~ F. Modify the boundaries and delete Parce No. 225, inasmuch as said parcel rece iv no benefit Erom the works of fmprovemen ESRIRIT "A" ~~ I y (o .. ~ ~- cNA.uces AND NDD:excATxONs TO tJORR PP.OCEEOTNGS AND BOU:IDdRi EE_ OF AESESSM_°.;IT DISTRICT Proposed Changes: A. Delete storm drain line number 9(c) and modify boundaries co delete properties ' no longer zeceiviny a benefit from the __ proposed construction of said drainage Facility. B. Delete all street improvements on CLEVELAND AVENUE, northeay aF 6TN STREET. ''!'""^Tr'"'""~"°' ""'^-^ C. Delete all street improvements in MILLIKEN AVENUE, northerly of 6TN • STREET (easterly half). ^. Delete all street impcoveme nts in ' 6TF1 STREET Erom All LLiREN .lu<NUE [o a point approximately 800 Eeet eascerly ' (northerly half on lyl. D. Construct certain additional s[on drain improvements in the southwesterly portion of th^_ district, and mod iEy [he boucda ci es [o add certain additional prop=rocs now determined to receive a be ne Eit from the works of improvements. (For particulars, reference is made to a map as submitted by the Assessment Enginee c, dated the 1st day of eloril, 1981, a copy of which is on Ei le in the office of the City Cle rkj. ..;,gyp, r,; ,.,,,,.,, :. ,.. ., ., ".. _ ~.~ F. AlodiEy the boundaries a,^,d dele to Pa rcml No. 225, ina smvch as said pa mcl receives ne be ne Eit from the works of imp mvema ncs. • i~l~ DATED this ~ ddy Of CITY OF RANCHO COCtuMONGA STATE OF CALIFORNIA THE ESTIMATED AMOUNT OF THE NEW PROPOSED AEEEEEMENT, OR MODIFIED AEEEEE:1ENT, UPON YOOR LANDS FOR THE IMPROVEMENTS FOR THE ABOVE REFERENCED AEEESEMENT DIETRZCT IE AE ENCLOEEO HEREIN. • )~"~ NOTICE TO PROPERTY OWNER NOTICE IS HEREBY GIVEN that the City COUncil OE the CITY OF RANCHO CUCAMONGA, State of California, did on the 1st day of April, 1981, adopt a Resolution of Intention to order certain changas and moditications to the boundaries of the Assessment District and works of improvements, said sp_cial assessment district having been designated as ASSESSMENT DISTRICT NO. 79-1 (6TH STREET INDUSTRIAL AREA) here inaEter referred to as the "Assessment District". The changes and meaiEications to the boundaries of the Assessment District will now cause certain pa Gels to be assessed which were not o[iginally proposed to be assessed, and also said proposed changes and modifications will cause •' ~ ~~~"~'~ ~ the amendments and modifications to parcels previously included within the bounds eies of the Assessment District. • These proceedings aze pursuant to the provisions of the ^Special ASSe ssment Snve stiga[ion, Limitation 6 Majo [i ty Protest Act of 1931", being Division 4 of the Streets and ' Highways Code of the State of California. The estimated cost of the improvements ace as follows: Estimated Cost of Constzuction: $ 6,395,938 Fs tuna tad Incidental Expenses: J, 0]],]26 Total Estimated Cost: $ 9,5]3,664 Estimated Contribution: 60,414 Balance to Assessm¢n t: $ 9,517,250 NOTICE ZE HEREBY GIVEN Tf1AT THE PUBLIC ^EAR ING ON TIIE ASSESSMENT DISTRICT HAS REEN CONTINUED TO THE 15TII DAV OP AP RILr 1981, AND ALSO AT SAID TIME THE CITY COUNCI I. WILL CONGIDER THE PROPOSED Cf1ANGE5 AND MODIFICATIONS TO THE WORSE OF IFIP ROVEMENTS AND BOUNpARIES OF TIIE AS6ESSME;T DISTRICT. SAID HEARING {JILL DE "' ~ - " " '~ HELC AT THE LION COM.MUNZTY CENTER, 9121 DAS EL INS ROAD, RANCHO CUC AMONGA AT THE HOUR OF ]: 00 P.M. ON SAID lSTH DAY OF APRIL, 1991, ANO ANY PERSONS t93 SIIING TO PROTEST OR Op.IECT TO SAID PROCEED INGS SIIOULD FILE A WRITTEN PROTEST NITII TIIF. CITY CLERK PRIOR 1'O SAID TINE. For p,a Cicula rs as to any yvestio ns mlo[ing eo Che proceedings, inym rics should be addressed to oho :ollovuinq: Lloyd B. Iiubbs Ci b+ En gi nc er CITY OF it\NCI!0 CUCNIONCd P. O. Pox 79J Rancho GUCam0 nga, CA 91730 (714) 989-1851 '~~ clry or a.a~c~-~o c~cania~c,~ STAFr REPORT •,r n U r~. DATE: April 1, 1981 T0: City Council and City t7anager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: Resolution Concerning Foothill Freeway Right-of-Way -rotection Attached for Council execution is a resolution requesting that SCAG and the California Transportation Commission honor their commitment to provide funding for right-of-way protection under the 1981 and 82 State Transportation Improvement Plan (STIP). The resolution is necessitated by the fact that under the CP.LTRANS guidelines for TIP submittals each Regional Tranasportation Plan- ning Agency was constrained from including all but now needs. This procedure if continued will preclude funding of protection for the 1981 year. This action is in direct contradiction to the Commission's actions under Resolution G67 passed on January 30, 1981 of this year. The City has already made Senator Ayala aware of this situation and SANBAG has passed a resolution upon which this resolution has been modeled. Our resolution could be added to SANBAG's for submittal to SCAG and the CTC to encourage the inclusion of pro- tection funds. / Respectfully suLbmitte~d, LBH:jaa Attachments IS'~ RESOLUTION NO. g~-39 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING ALLOCATION OF FUNDS FOR THE PROTECTION OF FOOTHILL FREEWAY CORRIDOR RIGHTS-OF-WAY WHEREAS, Route 3D is a critical uncompleted corridor gap through San Bernardino County, and WHEREAS, the California Transportation Commission acknowledg- ed this fact in 1979 and 1980 be deferring reciss ion action and by commissioninc a major consultant study, and WHEREAS, meeting on January 30, 1981, the California Transportation Commission accepted said study, which confirmed the need for a facility and the necessity of protecting the corridor from development, and WHEREAS, at said meeting, the California Transportation Commission adopted its Resolution G67, which, among other elements, declared its intention m protect right-of-way through December 1982, by providing right-of-way funds in appropriate STIPS, but WHEREAS, the 1981 Fund Estimate and STIP guidelines do not • allow inclusion of such funds in the Regional TIP by action of the San Bernardino County Transportation Commission or SLAG, and WHEREAS, the City of Rancho Cucamonga is receiving intense development pressure within the corridor, and WHEREAS, protection of the corridor and construction of the facility is a vital element in the City's General Plan, and WHEREAS, the San Bernardino County Transportation Commission and Rancho Cucamonga are desirous of assuring that such protection is contained in the 1981 and 1982 STZPS, NOW, THEREFORE, the City of Rancho Cucamonga does resolve as follows: 1. That protection funds be made an integral part of the 1981 SCP.G TIP submittal. 2. That the CTC be reminded of its intentions contained in its Resolution G67. 3. That the CTC is requested to provide adequately funded right- of-way protection funding, through its own initiative, in the 1981 and 1982 STIPS, because of STIP guideline constraints preventing said programming at the county or regional level. ~5i PASSED, APPROVED, and ADOPTED this day of 19~ AYES: NOES: ADSENT: Phillip D. Schlosser, Mayor ATTEST: Lauren M. Wasserman, City Clerk • ASSESSMENT DISTRICT NO. 79-1 6TH STREET INDUSTRIAL AREA CITY OF kANCHO CUCAMONGA ESTABLISHMENT OF ASSESSMENT BOUNDARIES The area under consideration might be wnsidered from a drainage standpoint as an alluvial fan. Runoff from the heavy rainfall encountered in the mountains northerly of the project concentrates into canyons and spreads out across the area where the proposed assessment district lies. The drainage flows in a southerly direction with very little elevation differential occurring in the east- west direction other than the Day Creek and Deer Creek channels that align with the direction of the drainage Flow. The storm waters Flowing across the area are not precisely confined except for the abovementioned channels. This is further borne out by the fact that maps prepared by the Federal Flood In- surance Administration indicate that the entire area between Interstate 15 and the Deer Creek channel is subject to flooding. The area of this assessment dis- trict, therefore, constitutes a part of a much larger drainage shed. With the above background, the boundaries of this proposed assessment district are pro- posed as follows: Easterly Boundary: The easterly boundary is proposed as the Interstate 15 Freeway. The freeway establishes a fixed boundary from a drainage standpoint with storm waters crossing the freeway only in the conduits provided. Since the southerly flows across the area are impeded from changing course by the freeway, the freeway becomes a logical assessment district boundary for drainage. Southerly Boundar The southerly beundary is proposed as the common City Limits line between the City of Rancho Cucamonga and the City of Ontario. This constitutes a legal jurisdictional boundary, although not necessarily a physical boundary from the drainage standpoint. By consistently attributing benefit to properties (or storm drains installed at their southerly lwundaries or pick-up points, the City Limits line assessment district boundary becomes consistent with the method of cost spread. Westerly Boundar The westerly boundary is established as Deer Creek. Deer Creek, when fully constructed, will theoretically intercept all drainage Flowing in an east-west direction such that the creek would be a physical boundary to any drainage plan. Northwest Boundary: The westerly boundary is modified northerly of Eighth Street and is extended easterly from Deer Creek to Haven Avenue and thence north of Haven Avenue to Arrow Highway. The reason for this is the nature of the property excluded by this westerly boundary modification. The property consists principally of a golf course and residential units. Benefits to golf courses by drainage facilities are limited. Residential units are Inconsistent with the proposed land use for the rest of the assessment district. There is a storm drain proposed on Eighth Street extending easterly from Deer Creek on the southerly boundary of this proposed area to be excluded. By not constructing that storm drain within this assessment district, the area so excluded will retain a drainage deficiency similar to that which its assessment would have been had it been inc~~ded. Northerly Boundar The northerly boundary for the proposed assessment district is proposed as Arrow Highway. In establishing this street as a boundary, it is recognized that this is not the boundary to the natural drainage shed. On the other hand, by omitting construction of the proposed storm drains on Arrow High- way such that these storm drains will become the obligation of the upstream owners, an equity as between those properties within and without the dis- trict is established. Arrow Highway then becomes a logical terminal point for benefit (or works proposed by this assessment district. ASSESSMENT DISTRICT NO. 79-1 6TH STREET INDUSTRIAL AREA CITY OF RANCHO CUCAMONGA Amended 1 April 1961 CONSTRUCTION AND INCIDENTAL COSTS Original Balance to Assessments $11,417,277 Eliminate SC Storm Drain - 1,865,952 Subtotal $ 9,551,325 Eliminate East 1 lane of Milliken between 6th 6 7th and North 1 lane of 6th between Milliken to 1090' easterly - 119,359 Subtotal $ 9,439,966 Eliminate 2 lanes of Cleveland from 6th to 7th - 130, 996 Subtotal $ 9,304,970 Add 48" Storm Drain extension of Trademark Street to Deer Creek + 107,040 Subtotal S 9,412,010 Add 48" Storm Drain in 4th Street from Deer Creek to Center + 107,040 Subtotal $ 9,519,050 Less Storm Drain Fees from Lusk Properties - 5,800 AMENDED BALANCE TO ASSESSMENT $ 9,513,250 A J CITY OF RANCHO CUCAMONGA MEMORANDUM April 1, 1981 T0: City Manager and Members of Che City Council FROM: AssistanC City Manager SUBJECT: Request for a Rent Stabilization Board If the City Council wishes to direct staff to prepare an ordinance creating a Ront Stabilization Board, staff would suggest [hat [he following issues and recommendations be taken into consideration while formulating such an Ordinance. 1. Name of the Commission The original request from the attorney representing the tenants suggested that a Ren[ Stabilization Board be established. Sta- 611iza[ion £mp lies making rents stable or firm. Webster defines stabilization as "to keep from changing or fluctuating, as in price", Staff would recommend a Mediation $oard or Rent Review Cortunission/Committee which implies medla[ion, review and edu- cation of proposed rent increases rather than an attempt to stabilize rents. 2. Composition of the Conunisaion/Canmiit tee Staff would recommend five members selected by the City Council. One tenant, one owner, and three members selected at large [hat are neither owners or tenants. A71 members would be residents of the City of Rancho Cucamonga and serve specific terms at the pleasure of the Council. Council may also wish to consider establishing a "sunset" clause for the Commission at the end of a specific period of time, "unless extended by Council". 3. Scope of the Commission/Committee Staff recommends that the Commission/Committee established, restrict their review to petitions from a majority of tenants who are subject to increases Sn rents in excess of the Consumer Price Index. Pe [itions Erom parks where rents are well •within Contlnued. .. .. "r'` . Request for A Rent Stabilization Board April 1, 1981 Page Two the C.P.I. should be denied. Staff would also suggest that "Rent Review" be restricted [o Mobile Home Parks. Apartments, hotel rooms, etc. should be excluded. "Rent Review" should also be confined to rent increases only. Peripheral issues such as maintenance, park rules, eviction problems etc. would be better ameliorated through tenants and managers. Requests eo review such peripheral issues could be handled by [he West End Medi- ation Hoard, Purpose/Powers of the Coamission/Coamu[[ee Staff would recon®end that the powers of the Commission/Committee be advisory rather than mandatory and binding. The Commission would review, evaluate and mediate petitions from tenants where proposed rent increases exceed the Consumer Price Index during the twelve months immediately proceeding the effective date of the rent increase. The Commission should be prospective and retrospective in its review of proposed rent increases. In other words, Che Coamiiasion/Committee's review should be confined to proposed rent increases rather than prior year increases. As you may recall, [he attorney requesting the Rent Stabilization Board suggested that rents both past and present be monitored. The Conunission/Committee should have the authority to conduct independent review and investigations and obtain information necessary to conduct a proper review. In evaluating rent increases before the Commission, the following factors should be considered by the Commission/Committee: (1) Increases in utility rates and property taxes, (2) Insurance (3) Cove rnmental Assessments (4) Capital Improvements (5) Upgrading or addition of amenities The Conanisaion/Committee will prepare an informational report and render a conclusion of its investigations in evaluating pe[i[Sons. 5. Conuoission Review Process If Council elects to establish a Mobile Home Rent Review Commission, staff would suggest that a hearing process similar to the Rialto ordinance be adnp [ed. In summary, the Chairman reviews the petition and attempts Co arbitrate and makes a recommendation. If [he recom- mendation is unacceptable to either party, a request may be submitted Continued.... ,t Request for a Rent Stabilization Board April 1, 1981 Page Three for full hearing before the Rent Review Commission. Records are requested, a review conducted and a recommendation is rendered. The conclusion and findings of the Commission are final and have no appeal to the Ci[y Council. However, unlike the Rialto Ordinance, the Commission's conclusion would be advisory and not manda[ozy. In addition a fee should be assessed against all petitions to defray [he Coate of administration of the Commission and its assigned duties. Conclusion If the City Council has strong reservations about establishing another Cosmdssion, staff would recommend the Council consider establishing a Mobile Nome Ren[ Mediation Board similar to the one adopted by the City of Chino. Their Hoard has no legal powers and serves as a mediator between tenants and owners to "guide" the parties toward a mutual understanding end agreement in at- tempting [o mediate their differences. Thia mediation process is similar ro [he process conducted by the City Council two years ago when members of Council met with owners and tenants. However, if a Resolution/Ordinance was adopted, this mediation would be conducted by an "independent" Board, rather than the City Council. If Council wishes Co pursue this alternative, staff should be directed to prepare an Ordinance establishing an "Advisory" Mobile Home Park Rent Mediation Board. JR/vz CITY OF RANCHO CUCANIONGA MEMORANDUM March 19, 1981 T0: City Manager Members of the City Council FROM: Jim Robinson, Assistant City Manager SUBJECT: West End Mediation Board At our most recent City Council meeting of March 18, 1981, I asked that Laure Lathrop from the Nest End Mediation Board in Ontario be present to outline the rent mediation service that their Board provides. Because she did not have an opportunity to address the Council, I requested that background information be provided to the Council so that they could better understand the West End Mediation Board and possibly include their organization in our study of possibte alternatives to a rent sta blizaticn board requested 6y Mr. White, the attorney representing the tenants of the five mobile home parks in Rancho Cucamonga. Essen tf al ly the Nest End Mediation Board is a non-profit, commun- ity organization which provides a neutral mediator to resolve differences between tenants and owners. The West End Mediation Board was originally set up to handle apartment related issues but now has expanded into mobile home park disputes. The attached information outlines the background, procedure and training currently offered by the West End Mediation Board, as well as a statistical analysis of their resolution rate which is currently 80%. The City of Chino has recently implemented, by Ordinance, a Rent Mediation Board and is seriously considering utilizing the West End Mediation Board as a possible alternative. The West End Mediation Board alternative probably represents the minimum amount of action the Council could take short of recommending that nothing be done. It could also be the least acceptable by the mobile park home tenants in that it doesn't establish a formal on-going organ- ization where tenants would serve directly on the mediation hoard on a continuing basis. It is interesting to note that the City of Rialto's Mobile Home Rent Review Commission is currently in Liti- gation because one of the tenants who serves on the Board recently Continued..,.. West End Mediation Board Page Two March 19, 1981 sat in judgement which went against his own mobile home park owner. The Mobile Home Park Owners' Association is protesting that the tenant should not have participated in judgement and states that his action represents a conflict of 5nterest. Staff will begin more thoroughly evaluating the alternatives outlined for you in our Staff Report of Wednesday, March 18th and will also begin to evaluate any alternatives that the City Council may wish to consider. Probably the first step will be to review the City's legal position and determine whether or not the City meets the requirements of Birkenfield vs Berkeley, which the City did not necessarily meet some two years ago when the rents were found to he fairly competitive. I might mention that a thumbnail review of a number of mobile home parks in neighboring communities found the rents to be quite competitive when compared with the five mobile home parks represented at our Wednesday night meeting. The current rents average from a low of $169 to a high of $157 in Rancho Cucamonga, while those surveyed in surrounding cities averaged from a low of 5167 to a high of $188. It appears that the rents are probably still competitive; however tenants might argue that while they are competitive, other mobile home parks outside the community have also been faced with excessive rent increases. Enclosure JR/vz CC/ Sam Crowe Bob Dougherty ..Y WEST END MEDIATION BOARD 217 S. LEMON • ONTARIO, CA. 91761 (714)983-1633 To: City of Rancho Cucamonga From: West Ehd Mediation Board (contact: Laure Lathrop, Mark Gabrellian) Date, March 18, 1981 MEMORANDUM ON THE NATURE OF THE WEST END MEDIATION BOARD: A CITIZENS' DISPUTE RESOLUTION MECHANISM I. BACKGROUND Since its emergence in this area over three months ago, the West Ehd Mediation Board has served ae an alternative to the formal legal system for landlords and tenants. Its has dealt with situations, many of which were the result of misunderstanding or miscommunication, that otherwise might have erupted into a legal battle...or even worse. Although it certainly is not a prerequisite to legal action, the West End Mediation Board managed to attract certain situations that were not always appropriate to, and could be handled more expeditiously and inexpensively than through our Formal legal system. Those rental disputes that the Mediation Board assisted with included rental increases, thirty day notices to vacate, continued tardiness in rental payments, security deposit refunds, payment schedules for back rent, among others. Prior to, and since its opening, the West End Mediation Board has actively pursued an outreach program to familiarize community groups, governmental agencies, the legal community and the general public with its services and the meaning of mediation. Memo-page 2 Through public speaking engagements and media attention, the agency has striven to attract anyone with a rental dispute that may be more appropriate for mediation rather than litigation. II PROCEDURE Renters and landlords have become aware of the West End Mediation Board in a variety of ways---through the press, city government, community agencies, the apartment owners association, legal services or by personal referrals from friends. The individual will call our office and relate their situation. At that point, staff determines whether the case is "mediatable"~ or whether its complexi ti ea necessitate legal assistance. ''ere is a possibility that mediation may help resolve the dispute, and if the individual consents, a mediator will contact the other party involved, hear their side of the story, and see if an agreement can be reached. The majority of open cases are handled in this manner over the phone. However, if no agreement is attained over the phone, and if the parties are willing, a mediation session is scheduled at a "neutral site", such as a conference room. The mediation session is confidential with only the disputants and mediator in attendance. If the mediation is successful, its resultant agreement is put in writing and signed by everyone involved. III 'TRAINING Effective training in mediation technique is the cornerstone of a legitimate community mediation program. This agency's mediators have been trained by the Federal Mediation and Conciliation Service to insure the highest level of professional performance. Essentially, training consists of lecture, listening skills, discussion, and extensive role play by the trainees. The training was devised by the Federal Mediation and Conciliation Services in conjunetlon with this office and materials from other established community mediation boards. Memo-Page 3 V STATISTICAL ANALYSIS Nov. 17. 1980 - Feb. 28. 1981 TOTAL INTAKE NOV DEC JAN FEB TOTAL 31 76 137 113 347 Opened Cases 20 27 38 29 114 Mediation Sessions 1 2 1 0 4 (A sub-total that is included in the above category.) Informational Calls li 49 99 24 233 RESOLUTION RATE ( 80~) Total Resolved 14 2$ 28 23 90 Total Unresolved 6 2 10 6 24 CITY REPRESENTATION FOR OPENED CASE^a Ontario 22 18 14 13 48 Upland $ 7 6 ? 1$ Chino 2 4 3 3 10 Montclair 1 8 4 4 11 Rancho Cucamonga 1 2 1 0 5 Pomona 1 3 3 12 SS Others 6 l0 6 19 14 NOTES (1} Open Cases. The WEMB considers a case open the minute the respondent in the dispute is contacted by a mediator. (2) Informational Call. Many landlords anfl tenants call the office with no specific dispute, but in need of some information on their rental right and responsibilities. Although each call is prefaced with the reminder that staff are not lawyers, basic information is dispensed or referred to a more knowledgable source. (3) Resolved Cases. A mediation case is considered resolved when an understanding through the form of an agreement is reached by disputants. Hoth parties may not be oncirely satisfied with the agreement, but that is the nature of mediation, w VL W C _Q ri i .s: F z~ w a Q F O Q~ F~-~ A i. r. c _ _ _ _ - _ _ _ _~ a _ _ - ~ - "- "-_ _' _' _ - >. ~L = p fI.L ~ _ Y >L y _ a - .~ c .~ .~. 9 i. L ~ Ou r c. 'f. '!, v. L' ... C v C %. . ~, ~_~ ^ ? b = t .. E y - i. t ` C_ 'J.,, ~ b ~ oc s' b L C'~ ~ b =L E o F;OL ec" ~ c ~ O ~.E E, E m'-'.. O y N V L A 2W2 C L L E~ 9 F5m'~oE~EE a a 3 a a j a 0 i Y U O 6 m ~~ ~ a ~W U vi .ter sj n N O C 7 L ' i G ~_ o C < ._ ~ r~ T L F 9 ':. r c E C~ N E o 0 E c O cb.=' c c O ~-' c. y s b ~ E 6 C y F p s m ~ O L L E . ~~j •• .3 °i ~ i Y C ~ n 'C +~ w ' c m ~ P a `a E m ar 3 ""e £o E",o °' o S° E ~ ~ a S b t ~ ~ C C u C c 3 _° a ~ t C' r d W :i C. G 9" L Y r C.: i 9 Y G 4 v.0 E b L' 0 o p c' v° s ° b ° u m a G a 0 r, WE ...~~.ta e . . ' ._ t a s bmi ~ ~ i 2 N __ ydb'T Y ~O~EO.O 'O .Y L C.:'~ 'A T4tLUL0 . y .O W [[: 6'~ O~ q G . ~ 4 t y ~ y~ C y ~' L W ` ~ v o°~ F c e a 3~ m °-' 1 m S b 4 a ~ b w C `r 4C0 mr y W y F ~ r q5. ._ 'C E°' 3 y Om m OCTTl' E o y3,o F.E dy ~+m a; WW ~ y y o c ~. ;~v' $ „ E y T ~ T ~~~ yyT S L O N p Y r. r' 9 y L m ~ b ~~$ F.:oop~.E o5 Fa 9 n S mE y ,~ Summary During the four years, Jan, 1, 1977 to Jan. 1, 1980, the average increase in rent for Cive of the mobile home parks in Rancho Cuca- monga was about 80~ or 20~ per year, During this same period the consumer price index increased 41,b'i'o for en average of 10,4i~ Per year. Consider the case of Alta Laguna Mobile Home Park. The present owners assumod ownership as of Jan, 1, 1977. In the folloxing 1'c,ur years the rout of this park was increased about 92~ or an average of 23~ Per year, In the five years preceding Jan, 1, 1977, the total rent increase for this park Was about 31% or an average of 6,2~ per year: Dur1n8 triese same five years the consumer price indgxna total of 36,2% or an average of 7.6% per year. InLrau7 A.~ The residents of Alta Laguna have been asked to sign a one year lease effective Doc, 1, 1981, for an addstionnl rant increase oP 14%, Many residents have already signed this lease due to a threat by Mr, Wilk to increase the rent even more for those xho refuse to sign, Mr, Wilk imposed a 2n rent intro ase penalty on those res- idents who refused to aign the currant lease, The gross income to the owners of Alta Laguna in 1981 will 6e about 3714,000. If the lly~ rent increase is allowed to st und, the gross income from Alta Laguna in 1982 x111 be about $811,000, an increaso cf ~b47,000, Wh Sle Nr, Wilk has not seen fit to supply us with the operating cost of Alta Laguna, wa estimate that a 3rv rent increase or un increase of $21,000 in the 1982 rant would more than cover any possible Sncrease in the operating costs for 1982. If Nr, Wilk questions these figures, he should ba required to produce the records of the actual operating costs over the past four years, In 1978 there was a meeting of the Rancho Cucamonga Council to considor the possibility of establishing a rant review board, At this meeting Mr, Wilk stated that the-pro-Prop. 13 taxes for Alta Laguna were about v~39.000 and that the post-Prop. 13 taxes were about {32,000, Actually they were $29,303,68 before and $14,212,28 after Prop, 13. Mr, Wilk also claimed that the increase in the cost of trash collectionand sower service in 1978 more thuu uaed up the $1$,000 saved on taxes, The facts are us follow; Trash collection incr<:aae was 73~per coach, ~d increase in sewer service was 2$f~/coach /m v, or s total of 9~~/ coach/mo, Thera are 291{ coaches Sn the park. 294 % ,98 Ss 5218.12fmo, or n tot ul of ~f2b17.44 par year, On llec. 1 1978 our rent was Sncreased $2$.00/mo./coach for s total of 1~73$0/mo, or ~p8U,200/year, However, we are not asking for rent control. We are merely ask- ing for a rent review board, We believe that the presents of such a board would tend to deter any highly unJust rent increases, How ten anyono be opposed to this? l f~,/~/~ C~(E=C~.C,.,t~rc... ;~.. `=~ ~. r ~ 1 J .J. _i ~~.C ., -,;,- (, ~ ~. // VV I' ~_ THE INFLATION RATE MEANLY flAiE IIF INfflf.ASE IN CONSUMEN Pfl1CE INOF% lNS ANCELES~ rv lNN6 N[ACN ~ ANAHEIM NNITFC STATES C ~ ~N ~~I~ i, Iii i :I~, II J i II ~ ~^~~ LI ~ ~ ~ I III ~I ~ I. nm« LEWiS HOMES ttse Nodh Moanmin hence / po. 90: em / upwne, a vt7ee / 2+a vas~w7t HAND DELN EEED March 25, 1981 City of Rancho Cucamonga 9320 Base Line Road, Unit C Rancho Cucamonga, CA 91730 Attention: Mr. lock Ism, Director of Community Development Reference: Tract 11549 - Et iwanda Avenue S/0 Summit Avenue Dear Sack: In accordance with our telephone conversation, hand delivered herewith are six (6) prints of hoth the or iginat design and the tentative map approved by the Planning Commission. The maps have been colored to show the eucalyptus windxowe which we believe can be saved. With regards co the exact location of the windrows along Summit Avenue the typical street section shows the correct location; that fa, they are located ap proximately 28 feet southerly of the centerline of Summit Avenue. With the City's present design section of 22 feet to curb, the trees can 6e preserved. Aloqg East Avenue, the windrows are located 22 feet weaterLy of centerline whereas the curb is located et 32 feet which means the trees have to be removed. I hope this intonna tion assists you. If you need anything else, please contact me at your convenience. Co rdiel ly, Ran Nottingham Engineering Coordinator RN:gk:2034r April 1, 1981 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTEB Regular Meetin 1. CALL TO ORDER. The regular meeting of the City Council of the City of Rancho Cucamonga was held in the Lion's Park Community Center, 9161 Hase Line Road, on Wednesday, April 1, 1981. The meeting was called to order at 7:06 p.m. by Mayor Phillip D. Schlosser who led in the flag salute. Present: Councilmen James C. Frost, Jon D. Mikels, Michael A. Palombo, Azthur H. 9ridge, and Mayor Phillip D. Schlosser. Also present: City Manager Lauren M. Wasserman; City Attorney Samuel Crowe; Assistant City Manager James Robinson; Comounf[y Development Director Jack Lam; and Ciey Engineer Lloyd Hubbs. Approval of Minutes: Motion: Moved by Palombo, seconded by Bridge to approve the minutes of March 9, and March 18, 1981. Motion carried unanimously 5-0. 2. ANNOUNCEMENTS. a. Mayor announced that there would be an executive session following the meeting to di5CLL99 pending litigation. b. Mayor Schlosser read and presented a Proclamation which declared Sunday, April 26, 1981 as March of Dimes Superwalk Day. The Proclamation was received by Grace Brazell, Phil Tri~illio, and Anita Lee. c. Mr. Wasserman requested that item SA be removed. Hr. Avakian had requested that the item be removed. 3. CONSENT CALENDAR. Councilman 1flkels requested that item "b" be discussed. He said he wished co have an explanation of the differences between the ICOB and the National Plumbing Cade. Ne said chat we could proceed with the pesaing of the measure now. Ne said if there were problems, we could always come back. Either a memo or phone call from the Building Official explaining the differences would be sufficient. Councilman Palombo asked for an explanation of item "e'". Mr. Lam explained that the applicant was requesting the time extension in order [o do the street improve- ments after the completion of the tract [o [he north. The city has received the aecuritlea for the improvements. a. Approval of Warrants, Register Number 81-4-1 for $167,439.45. b. Resolution supporting State adoption of Plumbing Code published by the Inter- national Conference of Building Officials. RESOLUTION N0. 81-36 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, SUPPORTING STATE OF CALIFORNIA ADOPTION OF THE PLllMBING CODE PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. ,. y City Council Minu[ea April 1, 1981 Page 2 c. Approval of Resolution establishing a fund for City 8eau[ification Fees. RESOLUTION N0. 81-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CALIFORNIA, ESTABLISHING A FUND FOR CITY BEAUTIFICATION FEES. d. Release of Bond for Minor Subdivision 77-0534. Recommend that Council re- lease the Certificate of Deposit for Minor Subdivision 77-0534, located on Hellman Avenue, north of 19th Street. Owner: June Brashear. e. Request for Time Extension for 7180 Pecan Avenue. Recommend Chat Council approve the request for a one year extension of time for Agreement and Surety for off-site improvements for 7180 Pecan Avenue submitted by Don Scarlett. f. Tract 9194 and Tract 9525. Recommend Chat Council approve the release of cash staking bonds fos both Tract 9194 and Tract 9525 both lying north of Arrow and west of Turner. The bonds are for $240 and $300 respectively. Owner: Arnold D. Anderson. g. Tract 9445. Recommend Chat Council approve release of cash staking bond for $5,410 for Tract 9445 located on Che east side of Archibald between Wilson and Banyan. Amer: Rancho de Cucamonga. h. Request to set for public hearing on April 15, 1981 an appeal of Planning Commission Conditional Approval of tentative Tract Map No. 9441. i. Request to se[ for public hearing on April 15, 1981 an appeal of Planning Commission Conditional Approval of tentative Tract Map No. 11609. j. Request to set for public hearing on May 6, 1981 a Street Name Ordinance. Motion: Moved by Palumbo, seconded by Proat to approve [he Consent Calendar as submitted. Motion carried unanlmouely 5-0. 4. PUBLIC HEARINGS. 4A. MOBILE HOME PARR TENANTS REQUEST POR A RENT STABILIZATION BOARD. (Item had been continued from the March 18, 1981 city council meeting). Mayor Schlosser opened the meeting for public heazing. He requested that the spokesman from each group address only new Snformation and to limit their time to a few minutes. • Harry Pale, Alta Laguna realden[. • Samuel J. Rodda, realdent of [he P1nea. * Mr. Wilder, RSel[o. He helped work on organizing Rialto's rent review board ordinance. • Brad Downey, owner of Casa Volante and Sycamore Villa. Ne had been unable [o attend the last meeting. There being no further response, the Mayor closed the public hearing. Councilman Frost asked Co be briefed on the initial stages of the RSal[o ordinance. Mr. Johnson presented the briefing. City Council Minutes April 1, 1981 Page 3 Councilman Mikels stated that he felt it was appropriate to look into the develop- ment of some rules and regulations regarding mediation and/or arbitration; review some alterne tive framework for negotiations; and to evaluate some criteria for re- view. Me said it would be appropriate to have staff draft an ordinance with the help of a subconanittee of the Council and to report at the next mee ting or so. Councilman Rtidge said that the Council has spent considerable amount of time and energy during the past few weeks on this. The council recognizes the problems of the tenants who are looking for solutions. He expressed what was really needed was more mobile home parks. Rent control could have a serious effect on increasing the number of parks. He said they have had the opportunity [o study [he Rialto. Palm Springs, and Chino plans, and have had considerable input from staff. He said that 3 us[ today they were given another item to explore which would be a Eorm of com- promise and he said fie would like more time to look at this and study it. Motion: Moved by Hridge, seconded by Mikels to continue iha issue to May 6 in order to give Council more time to study the issue, and with direction to staff to work with a subcommittee of the Council appointed by the Mayor to review chose issues and to meet with representatives of the mobile home parks, and to meet with others who have been involved with Chis procedure in other cities, to develop a recommendation with alternatives. .Motion carried unanimously 5-0. Mayor Schlosser appointed Councilman Mikels and Councilman Bridge to serve an this subcommittee. Mayor Schlosser called a recess at 7:55 p. m. to allow time for the mobile home residents to clear the Council Chambers. The meeting reconvened a[ 8:20 p.m. with all members of Council and staff present. 4B. ZONE GRANGE N0. SO-12 - BARMAKIAN. A request for a change of zone from A-1-5 (limited agriculture, 5 acre minimum lot size) !o R-1-20 (single family residential, 20,000 sq. ft. minimum lo[ size) for 24.36 acres of land located on the north side of Almond Aoad, east of Carnelian Street - APN 202-181-07. Staff report by .Tack Lam. City Clerk Wasserman read title of Ordinance No. 140. ORDINANCE N0. 140 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF TIIE CITY OP RANCHO CUCAMONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL N0. 202-181-07 PROM A-1-5 TO R-1-20,000 FOR PROPERTY LOCATED ON THE NORTH SIDE OF ALMOND ROAD, EAST OP CARNELIAN STREET. Motion: Moved by Palombo, seconded by Bridge to waive further reading. Motion carried unanimously 5-0. Mayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Motion: Moved by Bridge, seconded by Palombo to approve and adopt Ordinance No. 140. Motion carried 6y [he following vote: AYES: Froa t, Mikels, Palombo, Bridge, and Schlosser. NOES: None. ABSENT: None. 'li. City Council Minutes April 1, 1981 Page 4 4C. HISTORIC LANDMARK DESIGNATION. Designation of street tree plantings on Highland Avenue between Etiwanda Avenue and East Avenue as a historic landmark. S toff repor[~by Hill Holley. CI[y Clerk Wasserman read the title of Ordinance No. 141. ORDINANCE N0. 141 (second reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOGNIZING THE PALM AND EUCALYPTUS STREET PLANTINGS ON HIGHLAND AVENUE BETWEEN ETIWANDA AVENUE AND EAST AVENUE AS A SIGNI- FICANT HISTORIC FEATURE OF THE CITY, AND THEREFORE, DESIGNATING IT AS A CITY HISTORIC LANDMARK. Motion: Moved by Mikels, seconded by Palumbo to waive further reading. Motion carried unanimously 5-0. Hayor Schlosser opened the meeting for public hearing. There being no response, the hearing was closed. Mo[Son: Moved by Frost, seconded by Mikels to approve and adopt Ordinance No. 141. Motion carried by the following vote: AYES: Frost, Mikels, Palumbo, Bridge, and Schlosser. NOES: None. ABSENT: None. 4D. APPEAL OF TENATIVE TRACT N0. 11549 - LEWIS HOMES. A request for the development of 90 lots on property located between Etiwanda and East Avenues +300 feet south of Summit in the R-1 (single family) zone. Staff report by Jack Lam. Item had been appealed by the City Council. Councilman Frost said that Chia tract, more than any other, sill set the tone for development north of Highland. Mayor Schlosser opened the meeting for public hearing. Richard Lewis, Lewis Homes. Ae presented their position, but said they would 6e happy to work with staff. Councilman Hridge said that Lewis Homes were attractive, but the layout of the property was monotonous. He expressed [here should 6e more effort in making [his mare attractive and different; perhaps more like a planned development. It may mean losing some of the trees in order to achieve this. Mr. Lam asked for some guidance regarding the trees since the development now tried to preserve the trees. Amore creative design may require the removal of many trees. Councilman Bridge said that in twenty years those present trees will not be [here, but [he design of the streets will be. He felt the street design should have pre- cedent. Nis feeling was that that Cype of tree was not a sa[iefac[ory street or yard tree. Councilman Frost said that in this area we should consider changing our present policy regarding street widths. Councilman Frost said he would like to see a group made up of some councilmembers, Planning Commissioners, and Lewis staff members to go out [o the property end take a look as a group and exchange ideas. Ron Tannebaum said he Eelt the item should be continued so that more planning could be done. Rick F.11as, resident on East Avenue. He expressed that the trees should be saved. Mrs. Kathy Elias. She expressed that the lot sizes should be ac least 3/4 to one acre lots. She also asked about equestrian trails since almost everyone in Etiwanda had a horse. She also felt [he trees should be saved. There being no further comments from the public, the Mayor closed the public hearing. City Council Minutes April 1, 1981 Page 5 Motion: Moved by Bridge, seconded by Mikels co come back in about 30 days after Council has had moce time to look into this with members of [he Lewis staff. Notion carried unanimously 5-0. Councilman Frost asked if we wanted to formalize a conunit[ee to discuss alternatives. Mr. Wasserman said it was not necessary to make [his a formal request. Staff will go ahead and se[ this up. 5. CITY MA,NAGER'S STAFF REPORTS. SA. Request by Joseph Avakian, Yukon Disposal Service [o address Council. Mr. Avakian had requested the item be removed From [he Agenda. SB. RESOLUTION OF INTENTION TO MODIFY BOUNDARY TO ASSESSMENT DISTRICT 79-1. Mr. Hubbs went over the changes that had been made to the map. He said [ha[ this action would allow staff to mail the property owners the proposed changes for the next meeting on April 15. Mayor Schlosser opened the meeting for public hearing. Vita DSVito Francesco asked if they would see the new assessment spreads at the meeting on the 15th. Mr. Hubbs said that they would be in the mail [o all property owners tomorrow. Thete being no further comments from the public, Che public hearing waa closed. Motion: Moved by Mikels, seconded by Palombo to approve and adopt Resolution No. 81-38 and to waive Che entire reading. Motion carried unanimously 5-0. City Clerk Wasserman read the title of Resolution No. 81-38. RESOLUTION N0. 81-38 A RESOLUTION OP THE CITY COUNCIL OF THE CITY OP RANCHO COCAMONGA, CALIFORNIA, DECLARING ITS INTENT TO ORDER CERTAIN CfIANGES AND MODIFICATIONS TO THE BOUNDARIES AND PROCEEDINGS FOA A SPECIAL ASSESSMENT DISTRICT. SC. RESOLUTION CONCERNING FOOTHILL FREEWAY RIGHT-OF-WAY PROTECTION. Report by Lloyd Hubbs. Councilman Mikels presented a revised resolution which he read in full. Motion: Moved by Mikels, seconded by Frost to adopt [he revised resolution as presented. Motion carried unanimously 5-0. RESOLUTION NO. 81-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, REQUESTING ALLO- CATION OF FUNDS FOR THE PR02ECTION OF FOOTHILL FREEWAY CORRIDOR RICRTS-OF-WAY. CSty Council Minutes April 1, 1981 Page 6 6. CITY ATTORNEY'S REPORTS. Mr. Crowe said he had nothing to report. ADDED ITEM: Councilman Proet asked abouC [he ancillary issue of the Coca Cola Company. After some discussion, Council agreed to set an appeal. Hotlon: Moved by Frost, seconded by Bridge to set April 15 for hearing of the appeal of DR-81-O1 - Coca Cola Company. Motion carried unanimously 5-0. 7. AD.tOURNMENT. Ho[ion: Moved by Mikela, seconded by Palombo [o adjourn. Motion carried unanimously 5-0. The meeting adjourned at 9:45 p.m. to an executive session not Co reconvene. Respectfully submitted, /wX.L4~.kf/ (,l,c~X.'Kt 1. Beverly Au/thelet Deputy City Clerk