HomeMy WebLinkAbout816 - OrdinancesORDINANCE NO. 816
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT 01-02
FOR THE DEVELOPMENT OF VICTORIA GARDENS,
GENERALLY BOUNDED BY CHURCH STREET TO THE
NORTH, FOOTHILL BOULEVARD TO THE SOUTH, I-15 TO THE
EAST, AND DAY CREEK BOULEVARD TO THE WEST,
INCORPORATING AMENDMENTS TO THE GENERAL PLAN,
VICTORIA COMMUNITY PLAN, VICTORIA ARBORS MASTER
PLAN, AND VICTORIA GARDENS MASTER PLAN; AND
MAKING FINDINGS IN SUPPORT THEREOF.
A. Recitals.
1. Forest City Development California, Inc, filed an application for Development
Agreement Amendment DRC2008-00385 as described in the title of this Ordinance. Hereinafter
in this Ordinance, the subject Development Agreement Amendment is referred to as "the
application."
2. The property subject to the application (hereinafter, the "subject property") is
comprised of approximately 174 acres of land, generally bounded by Church Street to the north,
the I-15 Freeway to the east, Foothill Boulevard to the south, Day Creek Boulevard to the west.
Said property is currently designated as Mixed Use.
3. The property to the north of the subject property is designated Mixed Use, and is
partially developed with a winery and single-family residential development. The property to the
west is designated Mixed Use, and is developed with multi-family residential units. The I-15
Freeway lies immediately to the east with the land further east designated Low-Medium
Residential and Medium Residential within the Etiwanda Specific Plan, and Regional Related
Commercial. Foothill Boulevard lies to the south, beyond which the land is developed with
commercial uses and designated Regional Related Office/Commercial.
4. Development of the subject property is governed by the Victoria Gardens Master
Plan, the Victoria Arbors Master Plan, the Victoria Community Plan, the City's General Plan,
and Development Agreement 01-02 between the City and the applicant.
5. Development Agreement 01-02 has previously been amended twice by mutual
agreement of the parties.
6. Subsequent to the 2002 approval of the Victoria Gardens Master Plan,
approximately 52% (36% built and 16% approved but not built) of the approved residential
dwelling units and 57% of the approved commercial, office, and civic uses included in the
Victoria Gardens Master Plan have been completed.
7. Concurrent with this application, the applicant has also applied for Victoria
Gardens Master Plan Amendment DRC2009-00145, Victoria Arbors Master Plan Amendment
DRC2009-00146, Victoria Community Plan Amendment DRC2008-00383, and General Plan
Amendment DRC2008-00384. The purpose of these other applications is to allow the
development of residential uses in the Main Street Area, increase the average height in the
Main Street Area to 120 feet, with a maximum of 160 feet, amend the building setback
requirements for the Main Street Area, and clarify permitted and conditionally permitted uses
within the Victoria Gardens Master Plan area.
Ordinance No. 816
Page 2 of 7
8. As shown in the attached Exhibit "A," the application proposes to amend
Development Agreement DA01-02 to incorporate the related amendments to the General Plan
Victoria Community Plan, Victoria Arbors Master Plan, and Victoria Gardens Master Plan, so
that these amendments will become part of the "Project Approvals" and "Applicable
Regulations" as those terms are defined in the Amended Development Agreement and thereby
convey to the applicant a vested right to develop the Victoria Gardens Master Plan area in
accordance with these amendments.
9. On February 20, 2002 and in accordance with the California Environmental
Quality Act ("CEQA"), the City certified Environmental Impact Report SCH No. 2001031028
(EIR), which analyzed the potential environmental impacts of the original Victoria Gardens
Master Plan. As the Lead Agency, the City considered the information in the EIR before
approvirig the Victoria Gardens Master Plan. At that time, the City Council also adopted a
Statement of Facts and Findings and Overriding Considerations for the Victoria Gardens Master
Plan, which is hereby incorporated by this reference. The Statement found that the economic,
social, or other benefits of the Victoria Gardens Master Plan outweighed the significant and
unavoidable impacts identified in the EIR.
10. Based on an Initial Study, comments received during the public review of the
Initial Study, and comments received during the public scoping meeting, the City determined the
changes to the Victoria Gardens Regional Lifestyle Center proposed by the application and the
related applications are substantial and required further environmental analysis with respect to
aesthetics and air quality. The City further determined that a supplemental EIR would make the
previous EIR adequately apply to the application.
11. Pursuant to CEQA Guidelines, Section 15082, the City published a Notice of
Preparation (NOP) of a Draft Supplemental EIR (SEIR) for the project, and circulated the NOP
to governmental agencies, organizations, and persons who may be interested in the project,
including nearby landowners, homeowners, and tenants. When the Draft SEIR was complete,
the City circulated it for public review and comment for 45 days. The City has responded to the
two sets of written comments regarding the Draft SEIR that were received during the public
review period. Those comments and the City's responses are included as Appendix C to the
Final Supplemental EIR/Response to Comments document (SCH#20010131028) ("Final
SEIR").
12. On April 8, 2009, the Planning Commission conducted a duly noticed public
hearing on the application and concluded said hearing on that date, after which the Planning
Commission adopted Resolution 09-14, which recommended certification of the Final SEIR,
adoption of Findings and Statement of Overriding Considerations, adoption of the Mitigation
Monitoring and Reporting Program found in Exhibit "B" to this Ordinance, as conditions of
approval, and approval of the application.
13. On May 6, 2009, the City Council conducted a duly noticed public hearing and
considered the application and the Final SEIR as prescribed by law, and certified the Final
SEIR, and adopted Findings pursuant to CEQA, a Statement of Overriding Considerations, and
a Mitigation Monitoring and Reporting Program.
14. On May 6, 2009, the City Council conducted a duly noticed public hearing on the
application, and all interested persons were given an opportunity to present oral and written
evidence regarding the application and the Final SEIR and concluded said hearing on that date.
15. All legal prerequisites prior to the adoption of this Resolution have occurred
Ordinance No. 816
Page 3 of 7
B. Ordinance.
NOW, THEREFORE, it is hereby found, determined, and ordained by the City Council of
the City of Rancho Cucamonga as follows:
1. Recitals. The City Council hereby specifically finds that all of the facts set forth in
the Recitals, Part A, of this Ordinance are true and correct.
2. Findings. Based upon the substantial evidence presented to the City Council
during the above-referenced public hearing on May 6, 2009, including written and oral staff
reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The application has been processed, including, but not limited to, public
notice, in the time and manner prescribed by State and local law, including the California
Environmental Quality Act ("CEQA").
b. The application is consistent with the direction, goals, and policies of the
adopted General Plan and subject to the approval of the related applications (General Plan
Amendment DRC2008-00384; Victoria Community Plan Amendment DRC2008-00383, Victoria
Arbors Master Plan Amendment DRC2009-00146; and Victoria Gardens Master Plan
Amendment DRC2009-00145), the application does not conflict with the policies and provisions
of the General Plan or any specific plan applicable to the subject property.
c. Approval of the application would not be materially injurious or detrimental
to the adjacent properties and would not be detrimental to the health, safety, and general
welfare of the community.
d. The findings set forth in this Resolution reflect the independent judgment
of the City Council.
3. Determination. Based on the findings set forth in this Resolution and the totality
of the administrative record before it, the City Council hereby approves Development
Agreement Amendment DRC2008-00385.
4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published within 15 days after its passage.
Please see the /ollowing page
/or /ormal adoption, certification and signatures
Ordinance No. 816
Page 4 of 7
PASSED, APPROVED, AND ADOPTED this 20`" day of May 2009.
AYES: Gutierrez, Kurth, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
;~ ~
~.J Ja ce C. Reyn' I s, 'ty Clerk
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 6th day of May 2009, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
20'" day of May 2009.
Executed this 21st day of May 2009, at Rancho Cucamonga, California.
Janice C. Reynol s, City Clerk
Ordinance No. 816
Page 5 of 7
EXHIBIT A
THIRD AMENDMENT TO DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND
VICTORIA GARDENS-C, L.L.C.
THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT ("Third
Amendment") is made and entered into as of this 20"' day of May, 2009, by and between the
CITY OF RANCHO CUCAMONGA, a municipal corporation and general law city ("City'), and
Victoria Gardens-C, L.L.C., a California limited liability company ("Owner").
Recitals
A. The purpose of this Third Amendment is to incorporate into the Amended Development
Agreement, those amendments to the General Plan, the Victoria Community Plan, the Victoria
Arbors Master Plan, the Victoria Gardens Master Plan, and the supplemental EIR and Mitigation
Monitoring Program that the City approved on [DATE] (collectively the "2009 Amendments');
which are attached hereto as Exhibits 1 through 5 and incorporated into this Third Amendment
as if set forth in full herein. It is the Parties' mutual intent that the 2009 Amendments become
part of the "Project Approvals" and "Applicable Regulations" as those terms are defined in the
Amended Development Agreement.
B. On April 8, 2009, after holding a duly noticed public hearing, the Planning Commission of
the City of Rancho Cucamonga recommended the approval of this Third Amendment.
C. On May 20, 2009, the City Council of the City of Rancho Cucamonga, adopted
Ordinance No. 816, approving this Third Amendment
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, City and Owner hereby amend that certain Development
Agreement between them, dated February 20, 2002, as previously amended by the First
Amendment to Development Agreement, dated May 21, 2003 and the Second Amendment to
Development Agreement, dated June 18, 2003 (as amended, the "Amended Development
Agreement").
Amendment
1. Recital G of the Amended Development Agreement is hereby
amended to read as follows:
"G. A depiction of the Tentative Map is attached hereto and
incorporated herein as Exhibit "C". For purposes of this Agreement, the "Project
Approvals" include: the General Plan, the Victoria Community Plan, the Victoria
Arbors Master Plan, the EIR and Mitigation Monitoring Program, the Victoria
Gardens Master Plan (including, but not limited to the Master Plan Signage
program), Tentative Map, and any amendments to the foregoing approved by the
City on or before the Effective Date; and any amendments to the foregoing
documents adopted by the City on May 20, 2009 and the 2009 Amendments to
the foregoing documents.
Ordinance No. 816
Page 6 of 7
2. Section 111.6.1 of the Amended Development Agreement is hereby
amended to read as follows:
"Applicable Rules. The parties hereby agree that, for the term of
this Agreement, the rules, regulations, and official polices governing permitted
uses, density, design, improvement, and specifications applicable to
development of the Property shall be those rules, regulations, and official polices
in force at the time of the Effective Date, together with the Project Approvals and
those later-enacted rules, regulations, and official policies made expressly
applicable to the Property by means of an amendment to this Agreement or by
the owner providing written notice approval to the City (collectively, the
"Applicable Rules"). Notwithstanding the foregoing, nothing in this Agreement
shall preclude City from applying changes occurring from time to time in the
Uniform Building code, Uniform Electrical Code, Uniform Fire Code, Uniform
Mechanical Code, or Uniform Plumbing Code, provided that such changes are
generally applicable to all property in the City."
3. Section 111.6.2 of the Amended Development Agreement is hereby
amended to read as follows:
"Conflicting Enactments. Any changes in the Applicable Rules,
including without limitation, any change in any applicable general plan,
community plan, master plan, area or specific plan, zoning, subdivision rule or
regulation, adopted or becoming effective after the Effective Date, including,
without limitation, any such change by means of an ordinance, initiative,
resolution, policy, order or moratorium, initiated by the City Council of the City of
Rancho Cucamonga, the Planning Commission of the City of Rancho
Cucamonga, or any other board, agency, commission, or department of City, or
any officer or employee thereof, or by the electorate, as the case may be, which
would, absent this Agreement or an amendment thereto, otherwise be applicable
to the Property and which would conflict in any way with or be more restrictive
than the Applicable Rules (such changes being hereafter called "Subsequent
Rules"), shall not be applied by City to the Property unless made expressly
applicable to the Property by an amendment to this Agreement. Any changes or
amendment to the Applicable Rules or Project Approvals sought by the Owner
shall be within the scope of this Agreement and shall, upon approval by the City,
constitute the Applicable Rules or Project Approvals applicable to the Property
without further amendment to this Agreement."
4. Except for the amendments expressly made herein, the Amended
Development Agreement remains unmodified and in full force and effect.
5. Pursuant to Section 65868.8 of the Government Code, the Parties
shall mutually assure that a copy of this Third Amendment is recorded against the Property
described in Exhibit "6" attached to this Third Amendment, with the County Recorder of San
Bernardino County within 10 days after the Effective Date.
Ordinance No. 816
7of7
IN WITNESS WHEREOF, Owner and City have executed this Third Amendment as of the date
first hereinabove written.
"City"
CITY OF RANCHO CUCAMONGA
a Municipal~Corp~oration
Mayor
Attest: L y~~l ~~
i Clerk
Approved as to Form:
By: , 2~2
Ci ttorney
"Owner"
FC VICTORIA GARDENS-C, INC., a California corporation
Its: ~r1r~+ l'. I.~tStY4~~~,~.,V~iCt-~ii~~r7~1
LC CUCAMONGA COMMERCIAL, INC., a Califomia corporation
n M. Goodman
Its:, r. VP/CFO
DEVELOPMENT AGREEMENT EXHIBITS
EXHIBIT "A"
LEGAL DESCRIPTION OF LANDS OWNED BY AMERICAN BEAUTY DEVELOPMENT
COMPANY AND VESTED TO CLICAMONGA 220, LP, A CALIFORNIA LIMITED PARTNERSFIIP
AS DESCKIBED IN A TITLE POLICY, ORDER #7200072A, PURCHASED FROM CHICAGO
TITLE.
DESCRIBED MORE FULLY AS:
BEING A SUBDNISION OF PORTIONS OF ETIWANDA COLONY LANDS, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOR 2, PAGE 24 OF MAPS, RECORDS OF SAID COUNTY, PORTIONS OF
ETIWANDA CACTUS ACRES, IIJ SAID CITY, COUNTY, AND STATE, AS PER MAP RECORDED
ID7 BOOK 19, PAGE 63 OF SAID MAPS FILED TAI BOOK 1, PAGE 1 OF PARCEL MAP RECORDS
OF SAID COUNTY AND A PORTION OF SECTION S, TOWNSHIP 1 SOUTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN, IN SAID CITY, COUNTY, AND STATE.
PARCEL l: TIIRU ] R
PARCEL I:
DESCRIPTION
THOSE PORTIONS OF LOTS 3, 4, 5, 6, 11, 12, 13 AND ]4 IN BLOCK "S" OF ETIWANDA
COLONY LANDS, 1N THE COUNTY IF SAN BERNARDINQ, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 2 PAGE 24 OF MAPS, W THE OFFICES OF THE COUNTY
RECORDER OF SAiD COUNTY, TOGETHER WITH THAT PORTION OF PARCEL 2 OF PARCEL
MAP NO. I AS PER MAP RECORDED IN BOOK 1 PAGE 1 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUN'T'Y, DESCRIBED AS PARCELS 1, 2, AND 3 IN
DEEU TO B.D.Z. 1NVESTORS, RECORDED NL4Y 31, 1978 IN BOOK 9443 PAGE 976 OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP 7966, AS PER MAP
RECORDED IN BOOK 86 PAGES 1 TO 3, INCLUSNE OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSN$ OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2:
PARCEL NO. 3 OF PARCEL MAP NO. I, IN THE CITY OF RANCHO CUCAMONGA, COUNTY
OF SAN BERNARDINQ, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK I PAGE 1
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN THE EAST ONE-HALF OF THE
WEST ONE-HALF OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDINO
~~// MER®IDIA~N°.
Ordinance No. 816 -Page 7 of 7-1/10
EXHIBIT "A" Page 2
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES 51 TO SS INCLUSIVE OF RECORD OF SURVEYS, IN TT-IE OFFICE OF THE COlJNTY
RECORDER OF SAID COUNTY.
PARCEL 3:
LOTS I1 TO 20 INCLUSIVE, BLOCK 1; LOTS 1 TO 20, INCLUSNE, BLOCK 2; LOTS 1 I TO 18,
INCLUSNE BLOCK 8; THAT PORTION OF LOT "A"' LYING NORTI3ERLY OF AND ADJACENT
TO LOTS "B" AND "C" AND LOT l l BLOCK 1 AND LOTS ] 0 AND ] 1 BLOCK 2; THAT
PORTION OF LOT "B" LYING ADJACENT TD LOTS 11 TO 20, INCLUSNE, BLOCK 1 AND
LOTS 1 TO 10, INCLUSNE, BLOCK 2; THAT PORTION OF LOT "C" LYING EASTERLY OF AND
ADJACENT TO LOTS 11 TO 20, INCLUSNE, BLOCK 2 AND LOTS 11 TO 20 BLOCK 8; ALL IN
ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDLNO, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 19 PAGE 63 OF
MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEP'T'ING THEREFROM ANY PORTION LYING WITHIN TFIE WESTEP~LY 33D FEET OF SAID
BLOCK 1.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN 7T~IE WESTERLY 360 FEET
OF SAID LCT "A".
ALSO EXCEPTING TI-IEREFROM ANY PORTION LYING W[THLN THE EASTERLY 3.1. FEET OF
SAID LOT "C".
ALSO EXCEPTING THEREFROM THE EASTERLY 3. L FEET LYING SOUTH OF THE
NORTHERLY 1S FEET OF THAT PORTION OF SAID LOT "A" LYING NORTHERLY OF AND
ADJACENT TO SAID LOT "C".
ALSO EXCEPT FROM SAID LOT "A" THAT PORTION INCLUDED WITHIN' THE LINES OF THE
LAND DESCRIBED AS PARCEL 2 IN THE DEED TO SOUTHERN CALIFORNIA EDISON
COMPANY, A CORPORATION, RECORDED JUNE 5, 1973 W BOOK 8197, PAGE 27 OF
OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHII.L BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES S 1 TO SS INCLUSNE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 4:
LOTS 19 AND 20, BLOCK 8, ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 19 PAGE 63 OF MAPS, IN THE OFFTCE OF THE COUNTY RECORDER OF
SAID COUNTY.
Ordinance No. 816 -Page 7 of 7-2/10
EXHIBIT "A"
Page 3
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STA'L'E OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAID LAND 1S SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGES 51 TO 55 INCLUSIVE OP RECORD OF SURVEYS, IN THE OFF"1CE OF 'FETE COUNTY
RECORDER OF SAID COUNTY.
PARCCLS:
THOSE PORTIONS OF ETIWANDA CACTUS ACRES, PQ THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAD
RECORDED IN BOOK 19 PAGE 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS PARCELS 1, 2, AND 3 IN DEED TO FOOTHILL ASSOCIATES
RECORDED FEBRUARY 9, 1982 AS INSTRUMENT N0. 82-026007 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN PARCEL MAP 7966, AS PER MAP
RECORDED LN BOOK 8G PAGES 1 TO 3, INCUSIVE, OF PARCEL IvfAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION OF THE EAST ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 5,
TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN BERNARDAIO MERIDIAN, IN THE CITY OF
RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF, AS IN BOOK 7275 PAGE 734 OF OFFICIAL
RECORDS OF SAID COUNTY, LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT A 'I'HItEE-QUARTER INCH IIZON PIPE MARKWG THE SOUTHEAST
CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF SAID SECTION, NORTH
89 DEGREES 55 MINUTES 06 SECONDS WEST 2551.30 FEET; THENCE NORTH 44 DEGREES 47
MINUTES 32 SECONDS EAST 628.66 FEET; THENCE AT RIGHT ANGLES, NORTH 45 DEGREES
12 MINUTES 28 SECONDS WEST 328.10 FEET TO THE TRUE POINT OF BEGINNING, SAID
POINT BEING THE BEGINNING OF ANON-TANGENT CURVE CONCAVE NORTWESTERLY
AND HAVING A RADIUS OF 2000 FEET; THENCE, COURSE "A", NORTHEASTERLY ALONG
SAID CURVE FROM A TANGENT BEARING NORTH 69 DEGREES 30 MINUTES 00 SECONDS
EAST THROUGH A CENTRAL ANGLE OF i 1 DEGREES 40 MINUTES 35 SECONDS, A
DISTANCE OF 407.58 FEET; THENCE, COURSE `-B" NORTH 57 DEGREES 49 MINUTES 25
SECONDS EAST 10.37 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTWESTERLY WITH .4 RADIUS OF 1800 FEET; THENCE COURSE "C" NORTHEASTERLY
ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 13 DEGREES 58 MINUTES O1
SECONDS A DISTANCE OF 435.78 FEET; THENCE, A COURSE "D" NORTH 43 DEGREES 51
MINUTES 24 SECONDS EAST TO THE NORTH LIIJE OF SAID EAST ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 5.
ALSO EXCEPTING THEREFROM THAT PORTION MORE PARTICULARLY DESCRIBED AS
PARCEL 44A.1 IN TF~ DEED TO CSM & C EXPANSION, A CALIFORNIA LIMITED LIABILITY
COMPANY, RECORDED JANUARY 30, 1997 AS INSTRUMENT NO. 97-033091 OF OFFICIAL
RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER
Ordinance No. 818 -Page 7 of 7-3/10
EXHIBIT "A" Page 4
SAID LAND [S SHOWN ON RECORD OF SURVEY FII.ED DECEMBER 1Q 1982 IN $OOK 47
PAGES SI TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SA[D COUNTY. AND FILED SEPTEMBER 7, 1979 IN BOOK 38 PAGE 53 OF
RECORDS OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COIINTY.
PARCEL 6:
LOTS ] I TO 20 INCUSNE, BLOCK 7, AND THE WEST ONE-HALF OF LOT "B" ADJOINING
SAID LOTS ON THE EAST, OF ETPJ/ANDA, CACTUS ACRES, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNAP.DINO, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK ] 9 PAGE 63 OF MAPS, IN 'ITIE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
ALSO EXCEPTING ANY PORTION LYING WITHIN THE WEST 330 FEET OF SAID BLOCK 7.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982, IN BOOK 47
PAGES 5] TO 55 INCLUSIVE OF RECORD OF SURVEYS, IN THE OFFICE OF TI-IE COUNT}'
RECORDER OF SAID COUN"I'Y.
PARCEL 7:
LOTS 1 TO 10 INCLUSNE, BLOCK 8, AND THE EAST ONE-I-IAI,F OF LOT "B" ADJOINING
SAID LOTS ON THE WEST, OF ETIWANDA, CACTUS ACRES, IN TFIE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP
RECORDER IN BOOK ]9 PAGE 63 OF MAPS, INI THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPTING THEREFROM ANY PORTION LYING WITHIN FOOTHILL BOULEVARD
CONVEYED TO THE STATE OF CALIFORNIA FOR THE WIDENING OF FOOTHILL
BOULEVARD.
SAID LAND IS SHOWN ON RECORD OF SURVEY FILED DECEMBER 10, 1982 IN BOOK 47
PAGE 51 TO SS INCLUSNE OF RECORD OF SURVEYS, AI THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 8:
LOTS I TO 10INCLUSNE, BLOCK 3; LOTS 1 TO 10INCLUSIVE, BLOCK 9; THE EASTERLY 3.1
FEET OF LOT "C" AND THAT PORTION OF LOT "A", LYING BETWEEN THE NORTHERLY
PROLONGATION OF THE EASTERLY LINE OF SAID LOT 1, BLOCK 3 AND THE NORTHERLY
PROLONGATION OF TIC WESTERLY LINE OF SAID EASTERLY 3.1 FEET OF LOT "C", ALL
OF ETIWANDA CACTUS ACRES IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS RECORDED IN BOOK 19, PAGE 63 OF MAPS IN
THE OFFICE OF THE COUNTY RECORDER OF SA[D COUNTY.
Ordinance No. 816 -Page 7 of 7-4/10
EXHIBIT "A"
Page 5
EXCEPTING THEREFROM THE NORTFIERLY 15 FEET OF SAID LOT "A".
ALSO EXCEPTING THEREFROM THE SOUTHERLY 20 FEET OF SAID LOT 1, BLOCK 9 AND
THE SOUTHERLY 20 FEET OF LOT "C" AS CONVEYED TO THE STATE OF CALIFORNIA BY
DEED RECORDED MARCH 1 1, 1930, IN BOOK 594, PAGE 292, OF THE OFFICIAL RECORDS IN
THE OFFICE OF THE COUNTY RECORDER.
PARCEL 9:
LOTS 1 l TO 20 INCLUSNE, BLOCK 3; LOTS I 1 TO 20 INCLUSIVE, BLOCK 9; THE EASTERLY
3.1 FEET OF LOT "C" AND THAT PORTION OF LOT "A", ALL OF ETIWANDA CACTUS ACRES
IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BEILNARDINO, STATE OF
CALIFORNIA, AS RECORDED IN BOOK 19, PAGE 63 OF MAPS IN TI-TE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITI-IIN THE WESTERLY 330.00 FEET OF
THE EAST ONE-HALF OF THE WEST ONE-HALF OF SECTION S, TOWNSHIP l SOUTH,
RANGE 6 WEST, SAN BERNARDINO BASE MERIDIAN.
EXCEPTING THEREFROM THAT PORTION OF THE NORTI-IERLY l5 FEET OF SAID LOT "A".
ALSO EXCEPTING THEREFROM THE SOUTHERLY 20 FEET OF SAID LOT 2Q, BLOCK 9 AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 11, 1930, IN
BOOK 594, PAGE 292, OF THE OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER.
PARCEL 10:
TFIAT PORTION OF PARCEL 2 OF PARCEL MAP NO. 1, IN THE CIT'1' OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE 1, OF PARCEL MAPS, LN THE OFFICE OF TFIE COUNTY
RECORDER OF SAID COLJNII', LYING WITHIN THE WESTERLY 330.00 FEET OF THE EAST
FIALF OF THE WEST HALF OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREON.
PARCEL I1:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 1, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WITHIN THE WESTERLY 330.00 FEET OF THE EAST
HALF OF TIC WEST HALF OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WES"I, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 12:
THAT PORTION OF THE NORTH 15 FEET OF LOT "A" SHOWN ON THE MAP OF ETIWANDA
CACTUS ACRES, W THE C[TY OF RANCHO CUCAMONG.A, COUNTY OF SAN BERNARDINO,
STATE OF CALIFORNIA, ON FILE IN BOOK 19, PAGE 63 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE WESTERLY 330.00 FEET OF
Ordinance No. 816 -Page 7 of 7-5/10
EXHIBIT "A" Page 6
THE EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP 1 SOUTH, RANGE 6 WEST,
SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
PARCEL 13:
THAT PORTION OP PARCEL 2 OP APRCEL MAP NO. 1, IN THE CITY OF RANCi10
CUCAMONGA COUNTY OF SAN BERNARDINO; STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOK 1, PAGE 1 OF PARCEL MAPS, BJ THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, LYING WESTERLY OF A LINE THAT 1S WITH AND DISTANT
330.00 FEET EASTERLI', MEASURED AT RIGI-TT ANGLES FROM THE WEST LINE OF THE
EAST HALF OF THE WEST HALF OF SECTION 5, TOWNSHIP I SOUTH RANGE G WEST, SAN
BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THERFEROM THE EASTERLY 330.00 FEET.
ALSO EXCEPT THEREFROM ALL URANIUM, THORIUM AND OTHER FISSIONABLE
MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES; AND OTHER MINERALS AND MINERAL ORES OF EVERY KLV'D AND
CHARACTER, WHETHER SIMILAR TO THESE i~REIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING, OR WHICH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND, POR THE
PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM,
THORIUM AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPHALTUM,
AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, WITHOUT,
HOWEVER, THE RIGHT OF SURFACE ENTRY OR TO USE SAID LAND OR ANY PORT[ON
THEREOF TO SAID DEPTH OF 500 FEET FRO ANY PURPOSE WHATSOEVEK, AS RESERVED
BY SOUTHF,RN SURPLUS REALTY CO., A CALIFORNIA CORPORATION, IN THE DEED
RECORDED DECEMBER 8, 1982 AS INSTRUENT NO. 82-244151 OF OFFICIAL RECORDS, IN
SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 14:
THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 1, IN THE CITY OF RANCHO
CUCAMONGA, COUN7Y OF SAN BERNARDINQ, STATE OF CALIFORNIA, AS SHOWN BY
MAP ON FILE IN BOOR I, PAGE I OF PARCEL MAPS, IN SAID OFFICE OF THE COUIV'T1'
RECORDER OF SAID COUNTY, LYING WITHA' THE EAST HALF OF THE WEST HALF OF
SECTION 5, TOWNSHIP 1, SOUTH, RANGE 6 WEST, SAN BERN`ARDWO MERIDIAN,
ACCORDNG TO THE OFFICIAL PLAT THEREOF.
EXCEPT THEREFROM THE WESTERLY 330.00 FEET.
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED WITHIN THE LINES OF THE LAND
DESCRIBED I_N THE DEED TO FOOTHILL ASSOCIATES, A CALIFORNIA GENERAL
PARTNERSHIP, RECORDER FEBRUARY 28, ]984 AS INSTRUMENT NO. 84046247 OF
OFFCIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER.
ALSO EXCEPT THEREFROM ANY PORTION INCLUDED WITHIN THE EXTERIOR
BOUNDARIES OF PARCEL MAP NO. 7966, AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES 1
THROUGH 3, INCLUSIVE, OF PARCEL MAPS; IN SAID OFFICE OF THE COUNTY RECORDER.
Ordinance No. 816 -Page 7 of 7-6/10
EXHIBIT "A" Pie 7
ALSO EXCEPT THFREFROM ALL URANIUM, THORIUM AND OTFIER FISSIONABLE
MATERIALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES, AND OTHER MINERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WIiETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIN OR
UNDERLYING, OR WHICH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE TFIAT PORTOON OF S AID LAND NSF-ITCH UNDERLIES A PLANL-' PARALLEL TO
AND 500 FEET FOR ANY PURPOSE WHATSOVER, AS RESERVED BY SOUTHERN SURPLUS
REALTY CO, A CALIFORNIA CORPORATION, IN THE DEED RECORDED DECEMBER 8, 1982
AS INSTRUMENT NO. 82-244151 OF OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY
RECORDER.
PARCEL I5:
THAT PORTION OF THE NORTH 15 FEET OF THE EAST 2675 FEET OF LOT "A" AS SHOWN
ON THE MAP OF ETIWANDA CACTUS ACRES, IN THE CITY OF RANCHO CUCAMONGA,
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ON FILE IN BOOK 19, PAGE 63 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE
EAST HALF OF TI-IE WEST HALF OF SECTION 5, TOWNSHIP l SOUTH, RANGE 6 WEST, SAN
BERNARDINO MERiDLAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THEREFROM THAT PORTION LYING EASTERLY OF THE SOUTHERLY
PROLONGATION OF THE EASTERLY LINE OF PARCEL 3 OF PARCEL MAP NO. 1, AS SHOWN
BY MAP ON FILE IN BOOK 1, PAGE 1 OF PARCEL MAPS, BV THE OFFICE OF THE COUNTY
RECORDER.
ALSO EXCEPT THEREFROM THE WESTERLY 330.00 FEET
ALSO EXCEPT THEREFROM THAT PORTION INCLUDED \VITHIN THE LINES OF THE LAND
DESCRIBED IN THE DEED TO FOOTHILL ASSOCIATES, A CALIFORNIA GENERAL
PARTNERSHIP, RECORDED FEBRUARY 28, 1984 AS INSTRUMENT NO. 84-046247 OF
OFFICIAL RECORDS, IN SAID OFFICE OF THE COUNTY RECORDER
ALSO EXCEPT THEREFROM ANY PORTION INCLUDED WITHIN THE EXTERIOR
BOUNDARIES OF PARCEL MAP NO. 7966, AS SHOWN BY MAP ON FILE IN BOOK 86, PAGES I
THROUGH 3, INCLUSIVE, OF PARCEL MAPS; IN SAID OFFICE OF THE COUNTY RECORDER
ALSO EXCEPT THEREFROM ALL URANIUIvI, THORIUM AND OTHER FISSIONABLE
MATERLALS, ALL OIL, GAS, PETROLEUM, ASPHALTUM AND OTHER HYDROCARBON
SUBSTANCES, AND OTHER MA'ERALS AND MINERAL ORES OF EVERY KIND AND
CHARACTER, WHETHER SIMILAR TO THESE HEREIN SPECIFIED OR NOT, WITHIIJ OR
UNDERLYING, OR WH]CH MAY BE PRODUCED FROM SAID LAND, TOGETHER WITH THE
RIGHT TO USE THAT PORTION ONLY OF SAID LAND WHICH UNDERLIES A PLANE
PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF SAID LAND, FOR THE
PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR EXTRACTING SAID URANIUM,
THORIUM AND OTHER FISSIONABLE MATERIALS, OIL, GAS, PETROLEUM, ASPAHTUM,
.AND OTHER MINERAL OR HYDROCARBON SUBSTANCES FROM SAID LAND, WITHOUT,
HOWEVER, THE RIGHT OF SURFACE ENTRY OR TO USE SAID LAND OR ANY PORTION
THEREOF TO SAID DEPTH OF 500 FEET FOR ANY PURPOSE WHATSOEVER, AS RESERVED
BY SOUTHERN SURPLUS REALTY CO., A CALIFORNIA CORPORATION, IN THE DL'ED
Ordinance No. 816 -Page 7 of 7-7/10
EXHIBIT "A» Page 8
RECORDED DECEMBER 8, 1982 AS INSTRUMENT NO. 82-244151 OF OFFICIAL RECORDS, IN
SAID OFFICE OF THE COUNTY RECORDER
PARCEL 16:
LOTS 3, 6 AND 7 OF BLOCK "X", TOGETHER WITH THE WEST 40.00 FEET OF LOT 2
OF SAID BLOCK "X», BOTH OF ETIWANDA COLONY LANDS, RECORDED IN BOOK
2, PAGE 24 OF MAPS, RECORDS OF THE COUNTY RECORDER OF SAN BERNARDINO
COUNTY, TOGETHER WITH BLOCK 6 AND LOTS A AND G OF ETIWANDA CACTUS
ACRES, IN THE CCFY OF RANCHO CUCAMONGA; COUNTY OF SAN BL^RNARDINO, STATE
OF CALIFORNIA; AS PER MAP RECORDED IN BOOK 19, PAGE 63 OF MAPS IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF CALIFORNIA.
EXCEPTING THAT PORTION LYING WEST OP A LINE THAT 1S PARALLEL AN'D
CONCENTRIC WITH AND 52.00 FEET EASTERLY AND SOUTHEASTERLY, MEASURED AT
RIGHT ANGLES, OF THE FOLLOWING DESCRIBED LWE:
BEGINNING AT THE NORTHEAST CORNER OF THE LAND SHOWN ON PARCEL MAP NO.
7966 RECORDE IN BOOK 86, PAGE 1 THROUGH 3, INCLLUSNE, OF PARCEL MAPS,
RECORDS OF SAN BER\'ARDINO COUNTY, STATE OF CALIFORNIA, SAID CORNER BEING
THE CENTERLINE INTERSECTION OF MILLER AVENiTE AND VICTOP.IA LOOF, AS SHO'JJN
ON SAID PARCEWL M.4P; THENCE SOUTHERLY ALONG THE MOST EASTERLY LINE OF
SAID LAND, SOUTH 00°0734" WEST, 1065.16 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 800.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH .A CEN'T'RAL ANGLE OF 37°54'24", 529.28
FEET.
ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE
DEED TO FRANK BENETIC AND NANKA BENETIC PER DEED RECORDED JULY 11,19 i3 IN
BOOK 8222, PAGE 478 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, STA7`E OF
CALIFORNIA.
ALSO EXCEPTING THEREFROM ALL LAND LYING SOUTHEASTERLY OF THE
NORTHWESTERLY LINE OF THOSE CERTAIN PARCELS OF LAND DESCRIBED IN DEEDS TO
THE SPATE OF CALIFORNIA PER DEEDS RECORDED OCTOBER 17, 1972 IN BOOK 8042,
PAGE 213, AND RECORDED OCTOBER 25, 1972 IN BOOK 8047, PAGE 173, AND RECORDED
OCTOBER 25, 1974 IN BOOK 8544, PAGE 796; ALL OF OFFICIAAL RECORDS, RECORDS OF
SA[D COUNTY.
.ALSO EXCEPTING THEREFROM THAT FORTION OF SAID LOT 3 IN BLOCK "X" OF
ETIWANDA COLONY LANDS LYING EAST OF THE EAST LINE OF SAID LOT "G" OF
ETIWANDA CACTUS ACRES.
PARCEL 17:
LOT 3 IN BLACK "X" ACCORDING TO THE PRELIMINARY MAP OF THE ETIWANDA
COLONY LANDS, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF-SAN BERNARDINO,
STATE OF CALIFORNIA, AS SHOWN BY MAP ON' FILE IN BOOK 2, PAGE 24 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OP SAID COUNTY.
Ordinance No. 816 -Page 7 of 7-8/10
EXFIIBIT "A"
Page 9
EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE EXTERIOR BOUNDARIES OF
ETIWANDA CACTUS ACRES, AS SHOWN BY 1,4AP ON FILE W BOOK 19, PAGE 63 OF MAPS,
IAi SAID OFFICE OF THE COUNTY RECORDER.
PARCEL 18:
THE SOUTH HALF OF LOTS 9 AND 10 W BLOCKS AS SHOWN ON THE. PRELIMWARY MAP
OF TI-IE ETIWANDA COLONY LANDS, fiV THE CITY OF RANCHO CUCAMONGA, COUNTY OF
SAN BERNARDINO, STATE OP CALIFORNIA., AS SHOWN BY MAP ON FILE W BOOK 2, PAGE
24 OF MAPS, W THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTWG THOSE L.~NDS LYING SOUTH OF THE CENTERLWE ALIGNMENT OF CHURCH
STREET, EAST OF THE CENTERLINE OF DAY CREEK BOULEVARD, AND NORTH OF THE
CENTERLINE OF FOOTHILL BOULEVARD AS SHOWN ON TENTATIVE TRACT !5974.
AS SI30WN ON THE UNRECORDED PARCEL MAP 15641 (ATTACHED AND LABELED
EXHIBIT A-1), AS LOTS 20 THRU 26.
Ordinance No. 816 -Page 7 of 7-9/10
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Ordinance No. 816 -Page 7 of 7-10/10