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HomeMy WebLinkAbout1986/02/19 - Agenda Packet.p� �MQ1b Cl7Y OF > RATNfC ID �CMAMIOrCA,AA c e- Cll 1 l�l/1J1 ciL LL L C1 AGENIA :.1977 .1 Lions Park Cocmiaity Center 9161 Baas Line Used Rcacho Cucamaoge, California All item submitted for the City Council Agenda vast be in writing. The deadline for submitting these item is 5:00 p.m, on the Wednesday pr or to the meeting. The City Clerk's Office receives all each item. A. Pledge of Allegiance to Flag. B. Roll Call: Wright _, Buquet _, Mikels Dahl __, and Ling _. C. Approval of Minutes -: None Submitted A. Thursday, February 20, 1986 - 7:30 p.m. - PARS DEVELOPMENT COMMISSION - Lions Park Comm city Center, 9161 Base Line Road. B. Wednesday, February 26, 1986 - 7:00 p.m. - PLANNING COMMISSION - Lions Park Cocuemity Center. 9161 Base Line Road. C. Thursday, February 27, 1986 - 7 30 p.m. - JOINT ADVISORY COMMISSION /CITY COUNCIL MEETING - Lions Park Commmity Center, 9161 Base Line Rnad. D. Presentation of a Proclamation to the American Cancer Society proclaiming April 3 - 5. 1986, as "Daffodil Days ". City Council Meeting -2- February 19, 1986 3. rO1189NT CAiyDAR The following Convent Calendar items are expected to be routine and eon- conuovermiol. They will be acted upon by the Council at one time without discaLsion. A. Approval of Warrants, Register Be',. 2 -19 -86 and Payroll ending 2 -2 -86 for the total amouot of $474,435.93. E. Approval to forward Claim (CL86 -10) against the City by Gloria J. Preston Pierce for automobile damage on Haven, near Foothill, to insurasce carrier. C. Approval to forward Claim (CL86 -11) against the City by Coil T. Edwards for automobile damage an Archibald and Peron, to insurance carrier. D. Approval to forward Claim (CL86 -12) against the City by Aron Rliewer for automobile damage on Rancho St., to insurance carrier. E. Approval of Improvement Agreement and Improvement Security for D. R. 85-0- Icoa :ed on the north side of Arrow Route. 350 feet vest of Haven Avenue, submitted by Lincolu Rauch, a California Limited Pa.toarship, RESOLUTION 10. 86 -36 A RESOLUTION OF THE CITY COUNCIL Of THE CITY Of RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMEUT AND IMPROVEMENT SECURITY FOR DEVELOPMENT REVIEW NO. 85-06 P. Approval of Improvement Agreement and Improvement Security for Tract Bo. 10046 submitted by Lewis Rome*, a general partnership. *ad releasing the Improvement Agreement and Improvement Security submitted by The Aadeo Croup, a general partnership, for Tract No. 10046, located on the north aide of Hillside Rood, east of Archibald Avenue. RESOLUTION NO. 86 -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IMPROVEMENT AGREEMENT AN D IMPROVEMENT SECURITY FOR TDACT NO. 10046 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY APPROVED BY COUNCIL ON DECEMBER 5. 1984 9 10 12 14 19 20 27 City Council Meeting -3- February 19. 1986 C. Approval of per:unnel modifications vithin 28 Adaloistrativr - vervices Departeeut. H. Approval of T,ansfer of Residential Refuse Collection 29 Permit in Semite Area One to Rancho Disposal Semite Incorporated. I. Approval of appeal of Planning Commission Conditions of 31 Approval - Devel .pmeut Review 85 -28 - Haven Avenue Food Court. 32 f ESOLU 1011 00. 81 -38 A RESOLUTIOV OF THE CITY COUNCIL OF THE CITY OF RANCHO :UCAMORGA. CALIFORNIA, MODIFYING PLANNING OOMMISSION RESOLUTION 86 -06 CONDITIONS 01' APPROVAL FOR DEVELOPM13T REVIEW 85 -28, RAVES AVEDUE FOOD COURT, LOCATED WITHIN THE VIRGINIA DARN CENTER AT THE NORTHWEST CORNER OF FOOTHILL AND HAVEN ON APPROXIMATELY 13 ACRES OF LAND IN THE CANERPL COMMERCIAL (G:) DISTRICT J. Approval of a Real Property Improvement Contract and 34 Lien Agreement, release of a previously recorded Real Property Impr"^:itvt Contract and Lien Agreement and approval of Subordination Agreement submitted by Erie and Denise Dumont for their property located at 12720 Amber Lane. RESOLUTIOM NO. 86 -39 49 A RESOLUTIOD Of THE CITY COUNCIL OF THE CITY OF RANCHO CUCAM)DGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DEMISE DUMONT AND AUTHORIZIDC THE MAYOR AND CITY CLERK TO SIGN THE SAME RESOLTTION Ho. 86-40 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMOIGA, CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DENISE DUMONT City Council Meeting -4- February 19, 1986 RESOLUTION NO. 9641 51 A RESOLUTION OF THE CITY COUNCIL OF INS CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING A SUBORDINATION AGREEMENT FROM ERIC AND DtMISE DUMONT AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SAME K. Approval of Comma Use Agreement with County Flood 52 Control District for bridge over Deer Creek at Church Street. City assumed maintenance liability for bridge through Flood Control rights -of -way. L. Approval of Tract Map, Improvement Agreement and 58 Security for Tract 10827 -1 located between Hermosa and Haven Avenue. south of Wilson Avenue submitted by First Nationwide Network Mortgage Company. RESOLUTION NO. 86-42 68 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APPROVING IM.- ROVEMFHT AGREEMENT, IMPROVEMENT SECURITY AND FINAL MAP OF TRACT NO. 10827 -1 M. Approval of Mops. Improvement Agreement and Improvement 69 Securities for Tract Nos. 12726 and 12727 located south of 19th Street and west of Beryl submitted by A -M Ccmpany. a California Limited Partnership. RESOLUTION NO. 86 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENTS, IMPROVEMENT SECURITIES, AND FINAL MAPS OF TRACT NOS. 12726 AND 12727 N. Set public heating - March 5, 1986 - Reprogramming of Community Development Block Grant Funds. A. PAR2 AND RECREATION LAND DEDICATION OmnINANCE AMFNDNENT - Proposed amendments to Chapter 16.32 of the Reecho Cucamonga Municipal Code pertaining to the dedication of Park and Recreation Land as a condition of subdivision. (At the February 5. 1986 meeting. Council directed to continue this item to March 5. 1986.) 78 City Council Meeting -5- February 19, 1986 B. THEE PRESERVATION ORDINANCE AMENDMENT - Proposed 79 ameadmeuts to Chapters 17.08 and 19.08 of the Rancho Cucamonga Municipal Code pertaining to the Preservation of trees on private property. ORDINANCE NO. 275 (second reading) 00 AN ORDINANCE OF THE CITY COUNCIL OF !HE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODS. PERTAINUG TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY ORDINANCE NO. 276 (second reading) 81 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. AMENDING CHAPTER 19.08 OF THE RANCHO CUCAMCNGA MUNICIPAL CODE. PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY C. EHVIRONMENT L. ASSESSMENT AND DEVELOPMENT CODE AMENDMERI AS -03 - CITY 07 RANCHO CUCAMONGA - An amendment to Title 17, Rwrsioas /Modifications, Section 17.02.0708, Oevelopmect Rwicv, Section 17.06.OIOG and 17.06.0200 regarding language changes and additions. ORDINANCE NO. 284 (second readfug) 92 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OP RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85 -03, AMENDING TITLE 17, REVISIONS /MODIFICATICHS SECTION 17.020.0708 AND NER APPLICATIONS FOLLOWING DENIAL OF SECTIONS 17.060.0I0C AND 17.060.0200, OF THE MUNICIPAL CODE D. STORK DRAIR PER ORDINANCE AMENDMENT - The proposed 94 Ordinance amends the Store Drain Fee Ordinance to split the City into drainage areas vith face to vary with the area. The Ordinance makes other miscellaneous modifications. ORDINANCE NO. 286 (second reading) 105 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, AMENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO STORM DRAINAGE PLANS City Council fleeting -6- February 19, 1986 RESOLUTION NO. 86 -34 110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ESTABLISHING AND ADOPTING A FEE SCHEDULE PERTAINING TO THE CONSTRUCTION OF PLANED DRAINAGE FACILITIES WITHIN THE CITY OF RANCHO CUCAMONGA RESOLUTION NO. Sb-44 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WIIH ANNEIA7I0H NO. 2 TO LANDSCAPE MAINTE21ANCE DISTRICT NO. 4 AND ALCEPTLYG THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12590, 12670, -1 THUS -4, 12672 AND 12319, -1 THEN -8 RESOLUTION NO. 66.45 137 A RESOLUTION Of THE CITY CODUCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 2 TO STREET LIGHTING MADiTERANCE DISTRICT NO. 4 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT F. ENVIRONMENTAL ASSESSMENT AND GENERAL PEAR AMENDMENT 160 85 -0IA - RIVKINS - A request to amend the Lend Use Map of the Camara) Plan from Low Density Residential (2-4 du /ac) to Low Medium Density Residential (4 -8 du /am) for 13.55 acres of land located on the south side of Peron Boulevard, east of Archibald - APB 209-055 -02, 03. 14. (Council vill only adopt one of the resolutions balm) i il. • i 1 1 A� 1 1; : 11 1 fl RESOLUTION NO. Sb-44 113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ORDERING THE WORK IN CONNECTION WIIH ANNEIA7I0H NO. 2 TO LANDSCAPE MAINTE21ANCE DISTRICT NO. 4 AND ALCEPTLYG THE FINAL ENGINEER'S REPORT FOR TRACT NOS. 12590, 12670, -1 THUS -4, 12672 AND 12319, -1 THEN -8 RESOLUTION NO. 66.45 137 A RESOLUTION Of THE CITY CODUCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 2 TO STREET LIGHTING MADiTERANCE DISTRICT NO. 4 AND ACCEPTING THE FINAL ENGINEER'S REPORT FOR TRACT F. ENVIRONMENTAL ASSESSMENT AND GENERAL PEAR AMENDMENT 160 85 -0IA - RIVKINS - A request to amend the Lend Use Map of the Camara) Plan from Low Density Residential (2-4 du /ac) to Low Medium Density Residential (4 -8 du /am) for 13.55 acres of land located on the south side of Peron Boulevard, east of Archibald - APB 209-055 -02, 03. 14. (Council vill only adopt one of the resolutions balm) City Council Meeting -7- February 19, 1986 RESOLUTION NO. 86-46 178 A RESOLUTION OF THE CITY COUNCIL OF TUE CITY OF RANCHO CUCAMONGA, CALIFORNIA APPROVIHC, GENERAL PLAN AMENDMENT 86 -01A - DAWKINS - REQUESTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FROM LOU DENSITY RESIDENTIAL (2-4 DU/AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4 -8 DUTAC) FOR 13.55 ACRES OF LAND LOCATED ON PERCH BOULEVARD EAST OF ARCHIBALD - APH 209 -055 -02, 03 A 14 DR RESOLUTION NO. 86-46 179 A RESOLUTION OF THE CITY COUNCIL OF TRR CITY Ol RANCHO CUCAMONGA, CALIFORNIA, DENYING GEROAL PLAN AMENDMENT 86 -0RA - HAWKINS - REQUESTING AN AMERDMERT TO THE LAND USE ELEMENT OF THE RANCHO CUCAMORGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 DU/AC) TO LOW MEDIUM DENSITY RESIDENTIAL (A -0 DO /AC) FOR 13.55 ACRES OF LAND LOCATED ON FERON BOULEVARD, EAST OF AhCHIBALD AVENUE - APR 209 -055 -02, 03 6 14 C. ENVIROMMITTAL ASSESSMENT AND VICTORIA PLINNED COMMUNITY 188 Q4ENDLAN. 85-01 - THE WILLIAM LYON COMPANY - A request to •mead the Planned Community test for the Victoria Pleased Community to allow com rcial RV storage and mini- varabouse in the Medium High (M8) Residential District. ORDINANCE NO. 287 (first reading) 228 All ORDINANCE OF THE CITY COUNCIL OF TUB CITY OF RANCHO CUCAMOFCA, CALIFORNIA, ADOPTING VICTORIA PLANNED COMMJNITY AMENDMENT 85 -01, TO IiODIFY THE COMMUNITT PLAN TEXT IO ALLOW A RECREATIONAL VEHICLE STORAGE LOT WITH MINI - WAREHOUSE IN THE MEDIUM -HIGH (MR) OR BIG (10 LAID USE CATEGORY AND TO ALLOW ITS OPERATION ON A COMMERCIAL FOR RENT OASIS OPEN TO THE GEN ERAL PUBLIC City Council Meeting -8- February 19, 1986 B. AIEDOMEST TO ANNEXATION AND DEVELOPMENT AGREEMENTS 234 BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CARYN DEVELOPMENT COMPANY. RAUFMAN AND BROAD LAND COMPANY, AND MARLBOROUGH DEVELOPMENT CORPORATION — Amendments to misting agreements relative to properties located between the extension of Banyan Avenue and Highland Avenue an the north and soutb, and between the extension of Rochester and Milliken Avenues on the east and vest - APN 225 - 141 -08, 12 -19; 225 -151 -01 through 03. D7, 0., 10 -13. ORDINANCE NO. 288 (first reading) 257 AM ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA APPROVING AN ANHIDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENTS BETWEEN TUB CITY OF RANCHO CUCAMONGA AND THE CAR-B JUVELOPMENT COMPANY, EAUFMAN AND BROAD LAND COMPANY AND hARLBOROUCB DEVELOPMENI CORPORATION RELATIVE TO PROPERTIES LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND HIGHLAND AVENUE ON IHE NORTH AND FOOTS, AND BEIVE121 THE EXTENSION OF ROCHESTER AND MILLIKEN AVENUES ON THE EAST AND NEST - ARE 225 - 141 -08, 12 -19; 225 -151 -01 THROUGH 03, 07, 08, 10 -13 a M J. ORDINANCE NO. 218 258 259 AN ORDINANCE OF TUB CITY COUNCIL OF IHE CITY OF RANCHO CUCAMONGA, CALIFORMLL, AMENDING CERTAIN SECTIONS 07 CHAPTER 5.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES 6. CITY MIMAGR'9 9T1TP f1 A. PRESENTATION OF NORTHTOWIL PARR CO CN BP1 y COUNCIL 265 kIlMis 4fl. Glty Council Meeting -9- February 19. 1986 B 6PER N-- ^^^'°°r A'RREMirer TNPROYHNEN2 SECURITY 272 AYD COH1112 TI08 1O11E1:1111T tOR TRACT p0. 19111 (D. R. ,1% -01 LOCATED AT TRH NORTRFACT CORNER OF ARROW ROUTH _AND YIN HYAan AYPNOH EOBNITTED BY ROBERTSON ROMHR, A DIVISION OF CATNIL CORPORA= - Zee RESOLUTION 90. 66-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA. APFROM718G IMPROVEMENT AGREEMENT. IMPROVEMENT SECURITY. CONDEMNATION AGREEMENT AND FINAL MAP OF TRACT N0. 131]1 NO ITEMS SUBMITTED A. Adjourn to a special abating (date and time to be acbeduled tonight) to beadle refunding of AD82 -1. 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CP � yeti nr. -` N I a.oI i UiP ►� M'V MY N ♦fie .... nJ r J LLLL � MY f ]p i M1Y >Yy 1 T - f.[ J MY f ]p i r,, r iri z&ew;!Vw& &&O#grJ� � \�2'R553 /Rg�i - -R -J -!-!C | !.j �_.| ; ;( ;._•.,....�_! « /�\2 / ac ;; ` / \ � / \G / / /J£ „ / \` /R /� � \/ I. \ 1-2 -.r a/w 72 \ - z er \ %3 J al■ / 3 k� 2{ » \£ /\ /; - _ � i � , e 5 \§ -' w e &. • a a = } & \- e ®,L. �{ \ i illy ., �_i r .•_tT7'-. -rT. t:..-. ! . , f 1 , .. - _-. cc a � L;:J. r >r >.7> a > nil ;,-AT >x e t -.twat n ' i •. �• . is i'„nn � ��� )� tea ~� ^yA >, Sta _ .•P..�- i....S- � '><' EETn.T -- •ry 1111 1•.n r.( . {1•.N.w� nY y`_f uu _y��� _��u� Pnnf _,•sp �np 1 IN yn.. .��Nl..•'w J nJ .. {• bna 10 6 '1 I I i I I I i i i I I I I I � Li ..�. - �I L I . ^.. •..a If, .�.t.. �r •.. y0u� -o jrafi�r �i . -. <SCfSS „ MITO, rz�croiii- aim: n N mil... 7i T rr ems' r T a i }rr ffL« � a T i Un nU n _ i I I i 8 r 19 CITY OF RAN HO UCA ONGA CLAIM fall DlwC6 an DLMNT ADMINISTRATION 1. Claims for death, Injury to person, or to personal property mJANG140 no Later than 100 days after the occurrence (Gov. Code, Sao. 911.2)m /.,�,N 2. Claims for damages to real 7A911MA n {gist the Fe property must be filed no later t i occurrence (Gov. Code, Sao. 911.2). .�3f /iYyLO Admre33 to which Claimant viohea notices sent. WW did damage or Injury oocur? _/ZZZ -i y — VMM did damage or injury occur? WHAT particular action by the City, or Its employees, Caused the alleged damage or injury? (Include names of employees, if known). MT sum do you claim? Inoludi/th °c estimated amount of any prospective 1033, insofar as it say be known at the time of the presentation of this claim, together with the basis of computation of the amounq olaimel. (Att"h estimates or bills, If possible). SD 06G RAW and 9ddres3e3 of S03(476) -RC(H) Total Amount Claimed: 19 >l 1". �Q t_ - CLAD[ FOR DY(IGi 03 IgJOIt CITY OF,RANCHO CUCAMONCA I. Claims for death, injury to parson, or to a sees' 'tgM(N1% TInN than 100 days after the occurrence (Gov. Code, See. 911.2). must a !sled bo lacer FEB ti 1986 2. Claims for damages to real property must be filed ao, y 1, y J" the accurtence (Gov. Code. S.C. 911.2). ` 1�i(�(c(91l(3(yl�(6 TO: CITY or RAUC20 CDCAMMCA 1 Goil T. Edwards 2115 Hickory Ave Ontarlo, Ca. 984 -C789 Name of Claimant Address Zip phone Age same as above. Zip 91762 Addrees to which Clalmaat wishes notices sent. - WHIN did damage or injury occur? _ January 13, 1986 at 8:30 am WIZ did damage or injury occur? Archibald Ave at the corner of Peron W and under what circumstances did demagw or injury occur? i w.e wh ere pine to 1 avw the offices of Cucamonga School District to go to Rancho C. Jr.H. to perform my function, as Schaniyayehnlmwigt. Irh b ld Ave. waw torn nn_and ,w Awr - ..- ....... - -.the south- bound lanes acre dug up and barrf Daded with widely ceased cones, wThere wag no clear mean, of atr7Lar exit from my mints of 1;dsl nest or env of the other 4uatnrsseg on the went aid. of Archibald* In my attempts to leave our driveway and carefully get back into traffic(S) and turn left(E) onto Peron when traffic a oenred clear I was struck b an auto coming reaulting in damage to both our vehicles. Ed Witham, Depty. Sheriff 5 B.Co. a�eknpaledge, (over) WRAT particular action by the City, or its employees, caused the alleged damage or Injury? (Include mama$ of employee., if known). I contend that the construction contractors employed by Lila City of Rancho CucLmonf e) in What sum do you clam? Include the estimated amount of any Trospective loss, Insofar as it may be known at the time of the presentation of this claim, together with the basis of computation of the amount claimed. (Attach estimates o: bills, if possible). DamaZ to my automubile (bills attached) 92033.29 Cost te,, me for ter rental matt'' - ,,air, sad, $138.32 Futur^ cooto due to Screaeed ineuromue rates _ $unknown as yet_co. %,. Total Amount Claimed: $ 2115.29 yr. NAM and addresses of witnwes. doctors, and hospitals: Fd Witham Deputy fheriff Rancho Cucamonga Jtntlen 2333 -9th Street_ Rancho Cucamonga , Ca. 91 ?30 (714) 989 -6611 February 4. 1985 Date —u— /O SAG Claimant Cont. ..there was no alternate route I could have taken and that the area was dangerous. Re. in fact, informed me that there had been another accident approximately 30 minutes prior, in the same area, resulting in injuries, Neither of us (i.e. me or the other driver) received a citation from Mr. Witham. However, my insurance company respond. to the claim of the other driver•and covered our damages # This will, no doubt, result in an 'ncreaee in my insurance rates, despite the fact that my driver's license had been extended last year for a "good driving record". MAIN 761 D11UCR OR IN3URT 1. Claims for death, injury to person, or to personal property must be filed no later than 100 days after the oceurremea .(Cov. Code, Sec. 911.2). 2. Claims for damages to real property must be filed an later than 1 year the occurrence (Gov. Code, Sec. 911 2). TO: CITT OF RANCHO COCMONGA (fot Todd K1lewer - 0:351 -3881 Aron Kliever minor dependent) 1743A1bright, Upland H:981 -7321 49 Name of Claimant Address 2l 86 phone Age 1743 Albright . Upland, CA 91786 Address to which Claimant wishes notices sent. R711M did damage or injury occur? October 31, 1985 @ Approx. 9:00 p.m VK= did damage or injury occur? Rancho St. cul de sac -East of Carnellon SON and under what circumstances did damage or injury occur? Cul de sac Is unmarked to show thet Rancho is not a through street See attached statement SHAT particular action by the City, or its employees, caused the alleged damage or injury? (Include memo* of empl gear, if know). Rancho Cucamonga's standards for traffic cortrol were not being met on Rancho St. on October 31. 1985 What sum do you claim? Include the estimated amount of any prospective loss, insofar as It may be know at the time of the presentation of this claim, to8ether with the basis o: computation of the amount claimed. (Attach estimates or bills, if pcssible). 1976 Honda Accord g 2,500 00 Tnwine b Storage Expense g 94 00 Less Salvage for Honda 8 (100.00) Total Amount Claimed: 9 2,496 00 RAVES and addresses of witnesses, doctors, and hospitals: _Ron lepsen, 8866 Rancho St. r — 5�— doe. Data Signature of Claimant %d- "ltechmenl to clel^ cy aeon r tie -rer SuPMARV GF CIRCUMzS AhCES CAbSIhri DAMAGE ,in Gct.oer 3 485 i abeut 9 00 am Toad 0!,ve• Ives o•o.eed,nd ncfth 0.1 Carnehan Street entl[•Dating to turn east on NI -Islde Street .nfdrunately ne turwed east ar Rancho Sheet tmnking he was an .ariellen Street As he proceeded east he saw the street lights of the c.nti^•uatian of Rancho Street across the wash east of Beryl Street The segment of Rancho that Todd was traveling did not nave street fights or -nu form of markings to Indicate that It was a dead end street when Todd noticed that the street ties andird -a set h -s or.kes strlk:ne_ the curb coming to a slap ereroklmaliy 30 feet beyond the end of he street The Ir^pact with the curb destroyed the front wheel drive system mno pent t ^e K'ame Of the car making the car unecccnomicai to reCar ' eSiCents on Rancho street informed us that several cars nave traveled dff the end of the sheet leading us to invsstlgete the reuse A detailed —vestigaPCn w•11 snow that Incidents of cars overrunning the end of t "e street aegar ac.urr,ng w -th the Installation sheet lights on Rancho east of Eery; St eat y0,,e ^per i 1925 1 met with one Cf your city enginaers to discuss •e ^aceauate ^iarsincs on Rancho Street i was Informed that the Cltu •a"'c er_,•een ^g drar.:ngs erd sas.•htaliens •ecu're a •eflecttve ._•••e• a• ' "e a -d of the street A Iaw days later your engineering .'aar•^Ie ^t d•d cause !1,e nste;'atien of a reflectwe sign at the end or the Wee* investigation wlli snow Ines cars are now safely traversing this sect-cr of Rancho Street without overshcoll^g lne culdesec .'m .Vaileble to discuss the Issues In mare detail If necessary and s ^oIV orals !.'Ken of the auto street slaking as Of No-ember I 1985 etc 'ease ccntact me at 714.351 -3e81 at warx a -98 - -3.1 it name -esoec Nullu 4tatk "ran trewe- /3 ■ CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: February 19, IS% TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Improvement Agreement and Improvement Security for D.R. 85 -06 located on the north side of Arrow Route, 350 feet west of Haven Avenue, submitted by Lincoln Ranch, a California Limited Partnership. O.R. 85 -06 was approved by the Planning Commission on August 28, 1985, in the Medium High Development District located mi thr north side of Arrow Route, 350 feet west of Haven Ave. The Developer, Lincoln Ranch a California Limited Partnership, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $318,190 Labor and Material Bond: $159,095 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. RECONIEHDATIOM It is recommended that the City Cnunctl adopt the attached resolution, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement. Res p tiully i mt led, LBN.LR• a / Attachments iy 4P=Ne CITY CE RANCHO CUCAMONGA IMPROVEMENT AGREEMENT FOR KNOW ALL HER 61 THE-( PRESENTS That this agreement Is bade and entered Into, in conferaance with the prdvls l one of the Municipal Coda and Regulations of the City of Rancho CWCamonga, State e/ Californla, a munlclpsl eorcaration, hereinafter letter ed to aP ((n CI( o and Oa been fgld Cl.y and Llaco lm 4e1b.. A 4llfemlr lisle t1t hefelna /[tf referred tO at the ee• oDer THAT, WHEREAS, said Developer desires to develop certain fell property In told City lot a led an the Borth 0144 of Arrcw ,mle.Weet of ft. Aveme _; and WHEREAS, said City has established certain requirements to be not by said Oeve;ayer as prerequisite to grsntl•g of final approval; and WHEREAS, the execution of lhls agreement aA po posting of Improvement security at hereln of ter ailed, . pD y the City Attorney are deeded to be equivalent to pr for co•pletlon of said repo lreaenls for the purpose of securinq fold aODrovel NOW, THEREFORE, It Is hereby agreed by and between the City and the Developer as follows: 1 The Developer hereby agrees to construct at developer's expense all Improvements described on page a hereof within I m +nths from the data hereof. g This agreese"t shall be effective on the data of the resolution of the Council of said City approving this agreement. This agreement shalt be In default on the day xoliow- Ing the first snnlrersa,y dsle of said approval unless An exten- slan of time has been gra,.ed by said City as hereinafter provid. ed S The Developer aaI request additional time In which to comp late the provisions of this aprow sent, in writlnq not lees than 70 days prior to the defau I dab, and in writ a at Of circumstances of necessity for add lll0n al the In considers. Lien of Such 'eaunt the City reserves the right to review the provisions hereof. Including ca.st.uctlan standards. cost estimate, a,d sufficiency of the Improvement security, and to require adjustments thereto •hen warranted by substantial changes there%,. e if the Developer fails or neglects to Comply with the provisions of thls agreement, the City shall have the right at any time to cause said provisions to be completed by any law. ful means, and thereupon l recover from sold Developer and /or hxs Surety the full cost and expense Incurred In to doing. S Construction permits shall be obtained by the 021e1- dper fro• the ofile@ of the City E,91,oer prior to star[ of any wore wIthl the public right -e / -w Y. and the developer shall conduct Such wart In full Compliance with the regulations contained therein Ron. compliance may result to stopping of the wort by the City, and assessment of the penalties provided 6 Public right of -,*I Improvement work required shall be conitructed In conformanra with approved Improvement plans, Standard Specification,, and Standard Drawings and any $;octal -1- CemP.my Iddr.... 4367 1, Jayne nnWld. $1.. 201 $.F , O.R., <s., P.M.'CUp amendments thereto Construction Shall Include any transitions and /or other Incidental work deemed necessary for drainage or Public Safety. Errors or om-issions discovered during construc- tion shall be corrected noon the direction of the city Engineer Revised .ark due to said plan modifications shall Da covered by the provisions of this agreement and secured by the Surety covering the original planned works y, work done within existing streets shall be diligent. ly pursued to Completion; the City shall have the right to Complete any and all work In the avant of unjustified deity In completion, and to recap. all cost and expense in<u rr ed from the Developer and /or his contractor by any lawful means 0 The Developer shall be responsible for replacement, relocations, or removal of any Component of any Irrlgatl sn water system In Cants lct with the required work to the satisfaction of the City Engineer and the owner of the .&ter system. 9 The 0e1e10Der that be responn lble for renaval of III loose rock and other debris from the ouollc right -of -way I0. The Oevelap.r shall plant and maintain parkway trees as directed by the Community Developoent Director 11 The Improvement security to be furnished by the Devaloper to guarantee completion of the terms of this cgret2ent shall be subject to t-e approval of the City Attorney jne prin- Clpal amount of Said Improvement security shall not be less than the amount showni .2. rM Al /6 EagEst CITY OF Us. 0 CLVM%A ENGINEERING OIVIS1oN ElMaWKW FEWT FEE SCHEDULE For Improvement: Arew Acute and civic Center bit.. Date: ft. 1 1 mtDY a y: r file M aencr. a as .,,h City Oraring NOTE: Does not include cunrent fee fur Wiling Permit Or PAY,ment deposits OIIAIITITY UN'T ITEM PRICE lMJL NT L.F P.C.C. curb - 12. C.F 24• quite•• 721 7ei5 L.f F.C.0 curb - B• C.F 21• guitar 6,.00 •� - L.F P.C.C. Lurb only S.50 5.50 L.F 11i7r S.F A.C. berm d• Y.O.C. sidewalk 50 1100 S.F Drive approach 1.75 24,010 _2148_ S.F B• I.C.C. cross gutter (Inc. curb) 1. 0 A• oo. _SBR� C.1 Street escalation 1 50 -A j63 C.Y Iyorted a bmsment 150 67773 SJ Preparation of t, ads . 0.15 .na rn SJ Crushed agg• base IDer inch thick) 0.07 366. 77300 TON A.C. over 1700 tons) 20.00 9, TON A.C. t900 to 1300 to AS) IS 00 43,2W. TON A.C. to 900 tons) 45 OD TON (1$00 A.C. under 500 tons) 60 y� S.F Patch(A.C. (trench) 1.75 III- $.F I• thick A.C. overlay 0.70 EA. Adjust sever manhole to grade 250.OG sps, EA. ER. Adjust sever :lean put to 9raM 150,00 Te EA. Adjutt eater ral.o t0 grade 73.00 Street lights 1000.00 -TT7uw.- �T L.F Barricades (Intersn 1500 min) 1•go 6f •- S.F 2 a 1• redvood header Aeweal of A.C. 175 t.F parnent Rmm941 of P.C.0 curb 0.35 3.30 'ia�,a _ T L.f RnovAI of A.C. berm 100 [A. EA. Street signs g00.W� Atflacto -s and post[ 30.00 -0- L.F Concrete block Walt 25.00 -- S.F Retaining vall 20.00 - TDIe Aggregate base g 00 C.T L.F. COxrete structures IB• 125 00 L.i ACP 2/• RCP RCP (7000 0+ (1500 0/ 29.00 i;t9Q- m- m- L.F 35• are 2000 0 3S.00 '� L.F -� EA. /8• RCP 1100 n a9'00 76.00 TTSwr- EA. Catch basin N v A• 2000 Do �W. - �� (A. Catch basin Y . 8• 2900:00 T EA. Catch basin N • 22' /�'W �• Local depression P _� EA. EA. Loral depression 12••W 1010.00 ��- EA. Nntticn structure 5000.00 - �� fA. Outlet structurq Std 1506 I•� [A. Outlet structure, Std 1501 x•00 L.F Guard posts 0.00 • L.F Guard panel (v,,e) 25.00 u. Savcut Read.all (AB' vinq) / 2.00 000'00 -7. TOO-- L.F S.f. Aeovood header LandiCapiny L Irrlgatlw 1.75 L.F. Roll curb P.C.C.) i.7s �TT- L.P. n• Ao 7 u. rp• cwnealon eio 10000.00 to,: NGINEFAING INSPECTION FEE SUB TOTAL REISTORAt10NJOELIREATION CALI nn DEPOSIT (REFUNDABLE )j CMTINOENC/ COOTS _ AITNFIL PERf0RCF �u ZZD- O:IAIENT BOND (100i) CASN) LABOR AND 141T[RIAL BON7 1301) T punuant to City of Rancho CVCa 9a Municipal Code, Title I, Chapter 1.00, adopting San arMade Pr CountF Cady Titles, [haDten 1.5, a e7uh restoratton /daltneatlon deposit shall e saes P71or to Issuance of An End 7ering Construction permit. TAITNFUL PERFORMANCE Type Pr Inc I al Mount: 91!,190 Name and address of surety tMITNIAL ISOMITT CD.PANT P n. eoi iris. SAS jots. cS. 9SIS0 MATERIAL A72 LABOR Type; Princ 1pal Mount: 159.095 Name cnd address of surety TN0.YTat AL INOO 1ITT COKPASf P.O. 10% WIS. 54 dotf CA 95150 CASH DEPOSIT NONUXENTATI9N Typi: PrinC pal Mount: O,A NINO And address of Surety TO RE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties Nerve have caused these p'esents to be duly uoculed and aclnomledpe with all lornallties reculred by 14 an the date set III to ppo.lte their signatures Cate ii /,Lf+� Dy g -.,- Developer / a ure Date Dy Developer gna ure � FMIT, F— — Ac opted: City of NAncho Cucs.onga. California A Kim .c 1p al Corporation a: mayor At t a tt•_ 1 er Approved TKEr. rney PARTNERSHIP ACINOWLNDOYNHT o _ I Wrrf1 gN.eq _411farnta Ondl M. ilia sumo, brrrAre to el DYb.Y mW I sa Canty or eon tvu m. m�arlYeNd M'.ra.I FNnr M9aMrlr a9pled �iac EAn .fP pP.avmw.mmS,e a 9~wna~noam�i. orowem naa.W easmalapu4c10Ir9HAN.a Mor.9 Nmr Kwm mot WaenoryY rmo 9.«wlaaW NVan WpPnanlM bDM1e11M oanwwe. aro «Irpwypp a m nr war off pP W.Nw ..«xn r fFE(J wrrHasa e.r nmd and anw Nr .. ..... _. ..... .._ ...... _ _ ., RESOLUTION NU, EBB i9 OR 13 i GI^ 1' OF RANCHO CUCA 1ONGA STAFF REPORT DATE: February 19, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician �CUCAMpiC 1977 SUBJECT: Approval of Improvement Agreement and Improvement Security for Tract 10046 located on the north side of Hillside Road, east of Archibald Avenue submitted by Lewis Homes, a general partnership, and releasing the Improvement Agreement and Improvement Security submitted by The Anden Group, a general partnership, for Tract 10046. Lewis Homes, a general partnership, is submitting an Improvement Agreement and Improvement Security for Tract 10046 to replace the Improvement Agreement and Security by The Anden Group, a general partnership, and approved by council on December 5, 1984, in the amount of: Faithful Performance Bond: 5247,000 Labor and Material Bond: $123,000 RECOMMENDATION It is recomended that the City Council adopt the attached resolution releasing the agreement and security submitted by The And n Group and accepting the agreeement and security submitted by Lewis Homes of California a general partnership and authorizing the Mayor and City Clerk to sign said agreement. Rcspectfull su itted, LBH: a Attachments ao CITY OF RANCHO CUCAMCN04 IMPROVEMENT ACNEEME41 FOR RNOU ALL HER BY THESE pRESEIT3 Tn at trait 87,00."t Is -ado and entered into. Confo,.4a,. w,ih hat this of the Subdivision Ha0 Act Of tat State of California, and of the Calllna Ale Ord,anCes Of the It of A[ach0 Cucamonga, Cal llornia a municipal CdrDOr at ion, Dr and ottredo said City, amyl inllter relayed to a, the City, and 1.w I.A. I neral artn 1111 hertln.ia1 re yre to IS ,rat Ot < oDu YITN!SSETH: IMAY. VhEREAS. told Oeotiop or dotfrt, to dere)Op approved real p•Op11tF in said City a snow, an to conditfohallY acartel, f obdlrlslOn known as _ —,a J_IM46 and WHEREAS, sai fait City has establ'lhtd Certain ieVuirotentl t0 Dt get Dr tied Otre lobe. if Drere9ulsite to DDrOr41 01 s Id subdfr fide generally 10Citld at north std, of Nfl lf�de Road, malt ai AwhL. d 812n ROV. THEREFORE. It Is hereby a9rotd Dr Said City aed by laid 91,41OPer is follows. 1. The 001010111 hereby a7•,ei voloper to construct at o f.,thin• twelve months I r.Ao the a of itc t lr a /data hV oaf 6 hire. t. This 69r441e1t shat' be effective an tM data DI the resolution of the Council of at0 Ciq apOrdlfng Ithe a9r agent This 49•tott4t 111411 bt In default on *he do, follow. 109 the first anniversary data n1 said approval unless ae e4ten. son Of time has been granted by Set o City as ha alslta prorid. S The Datlooer bay rt9,tst an ettenfl0, Of tip t0 complete tht tens h r,af Such 'most shall be submitted to tat tier of writing net Ills inan 70 days before the expiration bit• rat ear and "all Co'."' a ttlttment Of Circumstances Rata litelin9 the atanslon of tin! The City ih411 Mr4 tram light to ryrter ene Drdvllldns Of tall allotment, Including the Can Iluctio. standard,. Cost aati-Ile, end Improves eat tf CYrl[y, and t0 re0utrt adjustments therein If any fub,tatlal change tots dCCUrred during the term h11fa/ the a 1f the bae10011 fails Or n4gtgctf t0 COaily with at into elf ions Of this agreement, the city (hall 11ne tie ripnt not ofy ne lh.r.uP-1 .rCO .1.f o. tar@ Unv)optr�It by nli furyfy the Tull CO1t and tad ins! 1AC. rr ed. each lot Of said de.el pmata1, iCcordanca frith the art serviCt schedules, and fees of the Cut, .AAgo Caanty Yat,, Diftrlct 6 The 0erelap4r that) be rtsoenslble for nptecote rat, rtta Catlan. or r,,,.31 of any COq One Rt Of ace/ for "tlet ratty system In conflict ..n coast... it Cn Of re guon,d 1bpI'll" a t0 tM ottls /action of if" City Engineer and the lld I of s.cA voter srfte,. ai 7 Improvements required to be Constructed shall canfarl to the Standard Drawings end Standard Specifications of the City, and to tee Improvement plan approved by and on file In the office of the City Engineer Said lwo,taents are tabulated an the Cantructlon and Band Estimate, hereby Incorporated on Pigs 6 hereof, as taken fro. the I•Dro,erent plans listed thereon by nuber The Oeveloptr shall ale& be responsible for construe. Lion of any transitions or &tht- Incidental wort beyond the bat boundarits as needed for safety and prCper s.vface drainage Emirs or om.lttlont discovered during constructln $hall be Corrected upon the direction of the City Eng,hur Revised wort due to said plan modiflcattans shall be covered by Ste provlsi &n. of this agreement and secured by the surety covering the original plannec works 6 Construction permits Shall be obtained by the Developer from the office of the City Engineer prior to start of wore all regulations listed thereon shall be observed, with atttntlon given to Safety procedures, control of dust, moist sir other nulsince to the area, cad to proper notification or Atli Net and City Departments failure to comply section toill be subject to the penalties provided lheres•r 9 The Developer shall be responsible for removal of All loot* rocks and other &tbrls from public rlghts.af.way within ar adjoining said derv- lop.ent resulting from work Waliva to sets development 10. York done within Visiting streets shall be diligently pursued to completion; the City shall have the right to complete any and'ail work in the event of unjustified del,v In pompI Won, and to recover all Cost and &pens* Incurred fro. the Developer and /or hit contractor by any lawful means It Said Developer Shall at all times follo.ln; sidles. tlon of the streets and easements In said subldlvlslon, up to the completion and &,.ctptina* a said work or Improvement by Said Clt Council, give good and adequate warning to the traveling pu bg4 of each and every dangerous condstsan 9.11tent In said strett ar tistmenl, and .111 protect the traveling public from such defective or dahgtrovS Conditions until the te.pietlon of all E.pro4 Hnb, herein Incorporated on pat* 6 , to be performed, each o/ said streets not accepted at Improvleasty shall be under the charge of said Developer Said Dereloper may close all or a po rtsan of any street Subject to the cbndltlons contained In a temporary abut closure permit, Issued by the City Engineer, whenever It Is necessary to protect the rublle during t e construction of the Improvements herein agreed to be made 17 parkway trees required to be planted shell be Planted by the Developer after other improvement work, grading and cleanup nos been completed plantlag than bt done as proOded by Ordinance in &ac droance with the planting diagram approved by the City Community Oev slop. eht D1 %ctor Tile Developer shall be responsible for mil ntalning all trees Planted In good health until tht end of the gqera antMd maintenance period, or for one year altar pleating, .nlcnmr Is later 15 The Developer is responsible for outing alt coadl. tlonc established by the City pursuant to the Subdiv h lea .y. MftJOINIP... A.A. and no Improvement security provided hertlnvlth shall be eleased before such acceptance en less otllerwtsd provided and aitmoriznd by the City Council of the City le This agreement shell not tcrm mate until the maintenance guarantee security hereinafter described his been rate&Sao by the C ty. or until a new agreement togtther with the required improvement security has been submitted to the City by a successor to the herein moved, and by resolution of the City Council seem has bete acatpttd. and *his agrtement and the improvement socu -ity therofor has been Weased IS The ,mproienent seCUHty to be furnished by the Der al npv with tnf. agreement shall cnnsi at of the following and shall be 1n a fo •m ax Ce ptab la by the City Attorney: A. To secure faithful performance of this agreement 1. A bond or bands by one or more duly authorized Corporate Surat t as in the fore and content specified by Government Code Section 66499.1. 2 An Improvement Security Instrument In the form and cant ant specified by the City Attorney. 3 A deposit with the City of money or negotiable bonds of the kind approved for Securing deposits of public monies 4. To se curt laborers and materlalmen: 1 A bond or bonds by one or mart duly authorized corporate sureties to the form and content specified by Goverl.tnt Code S,Ctian 66499 2 2 An Improvement Security Instrument in the farm and content specified by the City Attorney. 7 A deposit with City of minty or negotiable bands of the kind &pp,c.td far securing C Cash deposit with the City to 9uarantat payment by the Developer to the engineer or Surveyor whift Certififate appears Ulan the final Nap for the setting of all bouidar•, lot earner. and $trot- centar Ina monwm ents ant for furnishing ccntarltne tit notes to the City. The amount of the deposit may bt any amount certified by the engineer or Surveyor at acceptable payment in full; or, if no V4144 is submitted, the cash bond shall bt as shown ah the Construction and land Estimate contained he'll" Sold Cash deposit nay be 'e funded of soon as pro,,• lure permits after receipt by the City of the centerline tie notes and written assurance of payment In full from the engineer or surveyor. D. The required bonds any Slit principal &,aunts thereof are set forth on pale 6 of this agreement 16 The Developer warrants that tnm improvements described In this agreement shall be free from defects in Materials and workmanship Any and all portions of the Improve. Monts found to be defective .Rhin one (1) year following the data on which the leprovememts art accepted by the City shall be rtpair.4 or repl&Ced by Developer free of all charges to the City The Developer seal] I ... lsh a maintenance guarantee security In a sum equal to tan percent (IDS) of the construction Sat imaSe or 1200.00 whichever is 1rt &ter. to stcure the faithful parforn.ncI of give paper's obligat ons as described to this par,. raph TRt oaln;alance guarantee security shall alto stcure the lA, thrum r2.fora•ace by the Developer of any obligation of the Dcvelart• to d, specified wort with respect to any parkway -S. 43 •$limit, ear Sy0J.00, rhich"er is greater, to secure the faithful Per ormance of Developer's cotlgati ores as described In this Para. graph, The maintenance guararti, security &hall alto Secs, the faithful performance by the Oer,loper of any abilgatla. o/ the Developer to ace specified .art with r, spect to any partway malntenrnce assessment district Once the Improvements have been accepted and a maintenance guarantee security has been tcceoted by the City, the other I.prwrtment security described In this agreement say be released provided that such retest, is otherwise authOrittd Dr the Subdivision Map Act and any applicable City Ordinance ll That the Developer shall take Out and maintain such Public liability and property damage Insurance a$ &hall protect him and any coatractor at subcontractor performing work covered by this agreement from claims for property damages welch may ar lse because Of the nature of the work or from operations under this agreement, whether such operations be by himSaif or by any contractor or Subcontractor, or anyone directly or Indirectly ,.P10 yed by said persons area though such demagas be not caused by the negligence of tat Developer or any contractor or subtontractor or anyone 0-010 y ad by said persons The public 'ability and property damage Insurance Shall list the City as addltonal insured and directly protect the City, Its offlctr$, agents and employees, as well as the Developer, his contractors and his s,Dcontrattors, and all insurance policies Issuid hereunder shall &a state The mini... a10Wits of such insurance shall be as follows: Contractor's liability Insurance P,o,tdiny bodily Injury or death liability limits of not Its% the $300,000 for each p.rso. and 11 000,000 for each accident or occurrence, and property damage liabil. ity Kant Of not less than 5100,000 for each aeel. dent or occurrence Rita an aggregate limit of S4SC,000 for c 1 b$ whiCh may ante from ln. opera. lions of the Developer in the pertor.a.ce of the more herein Provided Automobile liability Insurance covering all vehicles used In the performance of this agrtsment providing bodily Injury Lability it. tts 01 not less than 5200,000 for each person and $100,000 for each accident or occurrence, and property damage liability limits Of not less than SS0,000 for each accident or occurrence, with an aggregate of not less than 3700,000 which may rise from the opera. tiont of the Developer or his Contractor in performing the •ore Provided for herein Ill- That before the elocution of this agrtearnt, the Otrttopor Shall file with the City a Certificate or certlfte,t CS of insurance covering the specified Insurance Each such certificate &hall bur an andorseatnt precluding the cancellations, or reduction in Coverage of any policy evidences by Such Ctrtlfl6ate, before the uClration of thirty 110) days aster the City shall have received notification by registered mall from the 1ns.r4nce Carrier As evidence of understanding the provisions contained hereto, and of Intent to comply with tame, the Subdivider has Submitted the ollowing described imps.eoent secwtlty, and has offiled his signature hereto: as' rAlthrOl FFRroxxn E Type: Surety Principal Amount: 5217,000 Sue and address of font): pSTF1IWEAS VMRAuM CUHPAN7 3.3 Nllia", Ananeim, Cc 92801 MATERIAL AND LAEOR PAYMENT Type Surety Principal Amo.Alt $217,000 Name and address of surety M= M3 Itb11P.1.YE CUPARy 333 Sllihlre. Ana:laLC. C. 92001 CASH DEPOSIT MORUM(NIATION Type: Principal Amount: Sine and address of urety MAINTENANCE GUARANTEE Type: Principal Amount: Meet and address of surety: TO RE POWE0 PRIOR TO ACCEPTANCE NT INC CITY IN SIINESS N(RE01 the parties hereto have Caused these presents to be duly em¢uted and .can... edged ulth all /ore tIllies required by law on the dates set forth opposite their signatures LM HOMES Of IFDAMIA. a general partnership Data, 'P'? 9, by _ f(( •1 —.Developer Authorized A4XY ore i 4EF — Date by ,0eae1oper Signature n e ACCtotad City of AanChp Cu LJ Nmnya, California A Municipal Coiparation By: Mayor VA:aorwaara 1 p SAM BERNARDINO 1^ o JMary 28. 1906 a+YYW.Y•aYYaarww\wwr w awr a.�.w rr.e- Randall N. L 1 _ awwYYarw W �YYaaYYr W Yw,11w\rrryW.y wM Yawr•,y,aiYa W M wli.Y W Y,Yw W YMYrm wwYa W �� W\,w,K Mraww,\}aw W r1 aaM1 �aMY W r• \r 11 r \war /wawwwYw M II OrlWal \ra4 wwew.�Yras r.\ �p tauwROUMSOM /� apwr\�Gl"� a 7CX..,x ws..r.lwwurmr A. Rohldion m.e.,rwaww,.rnYy S CITY OF MEMO CVCA•q:ICA ( EhClNtERING OIYISICN r J.CROPLIMINT PERMIT FEE SCNECIKE For I7rovevent: Treat No 1001/ AnmMC P lane EMnfe9 Date • 11711. ppete Ie File aewence• City Driving o. NOTE: Ores not Include wrrent fee fcr .rising perelt er Psve.ent deposits QUANTITY UNIT ITN TRICE AMOUNT L.F P,C.C. curb • 12• C.F 24• Totter 7.25 X4820. L.F L.F P.C.C. two • 11- C.F 24• q,tttr C. 5.00 re,u}o.oD taro Only 5.50 L.F A.C. Den 4.50 1.510 Lino SJ SJ a• I.C.C. 114ev,7k Cr1re 1.15 u.eu s0 _yp3. Linn SJ C.T myoern 64 P.C.C. croft gutter (fnc. c6rb) 2.50 7.40 3.500 no 3.46}.}0 JOE) C.T Street tataratl" lwrted manse,nl I.so :50 13.}04.OD 29,460 S.F Plateratlm of sutiqrice 0.15 •50.00 SJ Wanil' d agi• Date IPer 10m thick) 0,07 13.419.44 1,744 TON TON A.C. over 1700 tons 27,00 4g-. A.C. 900 to 1100 tons) T03 A.C. Soo to 900 tans) 45.07 T03 A.C. under S00 tons) 60.00 S.F. A.C. thick) 0.55 S.F Patch A.C. (trench) 1.75 SJ 1v thick A.C. Over l,} 0.30 LA. Adjust serer .,Mole to grade 250.00 EA. Adjust serer clean out to grade 150.00 EA. Adjust .,ter r,l.es to grtle 75.00 14 fA. L.F Serest IlgSts 100000 T470B 6c il0 tan lades (lnters4•. 5300.141 L00 L.f 2 a a• re4vOW header 1.75 - 37f.3d- 1•wo S.F AMI&I of A.C. parnent 0.71 5. u0. L.F AnDral of I.C.C. Nn 7,30 L.F 2a . oval of A.C. per 1.00 _LL Street signs 200.00 U. U. Aeflecton and costs 75.00 L.F Concrete Clock all 25.00 2 Retaining .all 20.00 ::o4a Ton Aggre gate base 7.00 �I_ C.T Cr. Sta structures 425.00 4 19_ L.F 1 p 1000 01 29.00-5'S�T.'d8- it L.f 24• 'P 1500 01 75.00 Tf7o'66- goo L.f 2`.A Acv 2000 0) 36•e 72• 43.04 40C 13..03 L.F 46• RCp 1200 D 76,00 EA. Catch tail. V . 4• 2000.00 4�S 2 EA. Catch basin V a RK 2900.00 EA. catch basin N . 9X10•. /3 pates AS00100 3.000.00 _2_ EA. Local depression a- 50000 _ 4 EA. Local depression ,',SC t•e 10' 1000.50 2 EA. u.ctl4n structure }sic 300.00 MIRKA EA. sLll. 70cAte KME:/.tkATt. S :d f:RK 7,000.00 t2RXRK M Cutlet structure, Std 11507 500.00 EA. Guam pasts 4.60 l.F Ward Pars, (vm67 8.0) L.r. Scvcut 2.00 EA. nodvall (a6• Nn9) 4000.00 L.F Red.om header 1.75 S.F Landscapin7q a irrigations 2.71 L.f Anil curb (P,C C.) 7.50 ENGINEERING INSPECTIM FEE 6 10.305 419 TOTAL 6 224.366.16 i •IESTORA1I3N/OELINI71110A CAIN 3.000 CONTINGENtt COSTS DEPOSIT 11Co REN-TAT10N SLOETYE(CASH) 'A1T16b1 IWOINAKE 600 llwzl 45- '?4040:04 -% LA602 AND MATERIAL 6070 (505) 'S60�66 2Nn0at to EIL7 of Rancho C%KA.onga Municipal Code, Title 1, Q1,pter 1.06, Adopting SAO 6eroarolro County Cc" Tlties, Chapters I•S, a cask nstoratim /dall"Atlm deposit shall be .Ada prim m Issuance of as Engineering Cmstructlm levels, Revised 3164 4�r1 RESOLUTION N0, ter ty-= $ (e - 3 % A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY FOR TRACT NO. 10046 AND RELEASING THE IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY APPROVED BY COUNCIL ON DECEMBER S, 1984. WHEREAS, the City Council cf the City of Rancho Cucamonga, California, has for its consideration an Improvement Agreement executed an February 19, 1986, by Lewis Homes, a general partnerships as developer, for the improvement of public right -of -way adjacent to the real property specifically described therein, and generally located on the north side of Hillside Road, east of Archibald; and WHEREAS, the installation of such improvements, described to said Improvement Agreement and subject to the terns thereof, is to be done in conjunction with the development of said real property, Tract No. 10046; and WHEREAS, said Improvement Agreement is secured and accompanied by good and sufficient Improvement Sec rity, which is identified in said Improvement Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said said Improvement Agreement replaces the Improvement Agreement and Improvement Security submitted by The Aden Group, approved by Council on December S. 1984, be released and that said Improvement Agreement and Improvement Security submltte d by Lewis Homes, a general partnership, be and the same are hereby approved and the Mayor is hereby authorized to sign said Improvement Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk to attest thereto. PASSED. APPROVED, and ADOPTED this 19th day of February, 1986 AYES: NOES: ABSENT: on e. a—A yor� ATTEST: ever y u e e y er 1, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**, Executed this * day of *, 19 ** at Rancho Cucamong*, California. erer y A. u e e, y er et7 CITY OF RANCHO CUCAMONGA STAFF REPORT February 19, 1986 TO: City Cauncil i'ROMn Lauren M. Wasserman City Manager SUBJECT: Personnel Modifications In Administrative Services Department During the past few months, we have had on opportunity to review the staffing and organizational needs In the newly estab:ished Administrative Services Department. 1 am recommending some staffing adjustments w Ich would not change the number of positions approved in the budget, however would result in a salary savings of approximately $3,000 for the remainder of the fiscal year. Basically, there are five charges that would be taking place: A. Elimination of an Accounting rechnicion position. B. Re- titling of Business License Inspector position to Business License Technician. (Salary would remain at the Business License Inspector level). C. Establishment of a second Busi xss License Technician position. 0. Reclassification of an Account Clerk to Business License Technician E. Establishment of an Office Aide position. (Salary would be 10% — 20 code steps — below the Office Assistant position). The obovemention ed changes would modify the following position allocations within the Administrative Services Department. Account Clerk Accounting Technician Business License Technician (Inspector) Office Aide RECOMMENDATION Current Budget Proposed Approved Positions Changes 3 2 I 0 I 2 0 I It is recommended the City Council approve personnel modifications for the Administrative Services Department to be effective February 19, 1986. LMW:nk A3 CITY OF RAFCHO CUCAMONGA STAFF REPORT February 19, 1986 TO: City Manager and City Council FROM: Robert A. Rizzo Assistant City Manager SUBJECT: Transfer of Residential Refuse Collection Permit in Service Area One to Rancho Disposal Service Inc. rigi &M Best Disposal Company currently is the Residential Refuse Collection Permit holder in Service Area One. They are requesting the City Council approve the transfer of their permit to Rancho Disposal, Inc. The effective date of this transfer would bo March I, 1986. Rancho Disposal, Inc. would be assuming the liability and all other obligations of Best Dispuso: Company within this service area. The provision for such a change is contained b Rancl* Cucamonga MuniclF if Code 8.17.2607 B. Rancho Disposal, Inc. is presently per- nitted by the City to operate in Service Arm Four and has met all the necessary criteria {insurance, bonding, equipment Inspection, etcJ to retain their permit. RECOMMENDATION Approval of transfer of Residential Refuse Collection Permit in Service Arco One to Rancho Disposal, Inc. AS �14 giaila a &m MUNICIPAL CONTRACTOR nr� ma MONROVIA . DUARTE . BRADBUW . IRWINDALE . ARCADIA 9015a PdmmeAr w • moem.w.Caalomlealale (afe)iardaat . 010sa2118 February 12, 1986 Mr. Robert vizzo Assistant City Manager P.O. Box 807 Rancho Cucaoong .. California 91730 Dear Bob: As port of a company reurganizatlon. Best Disposal intends to sell its business in Rancbo Cucamonga to Rancho Disposal, I believe that this transfer of operation from us to Rancho will con. tinue to provide good serv:.:a to the residents of Service Area 1. In fact since Rancho is more locally based than we are, service might be improed. We will make the transfer effective March 1, 1986 and will do everything necessary regarding working with Rancho to take it as smooth as possible. Beat and Rancho will work together to advise the residents of the area and to work out any billing details, such that each resident continues to pay on the same achedule. The City of Rancho Cucamoogs including yet and your staff have been good to Best. I have personally enjoyed working with you albeit only a abort tine It is of personal goal to effoct this transfer with no disruptiou whatsoever of service. By copy of this letter I ® advlsing you of our intent to transfer Our rights under the current contract to Rancho Disposal Co. and request that the City of Rancho Cucamonga give Its written consent. Sincerely, BM D02ISPOSSAL COMPANY o Y� Robert L. Cheney President E General Manger RLCtjm DA. E: TO: FROM: BY: CITY OF RANCHO CUCABIONGA STAFF REPORT February 19, 1986 car vrz� f A FLb Mayor and Members of the City Council Brad Buller, City Planner Howard, Fields, Assistant Planner ABJECT: APPEAL OF PLANNING COMMISSION CONDITIONS OF APPROVAL - pea y app can o Planning commission conditions-of approval for the development of a one -story retail /restaurant (10,000 sq. ft.) building located within the Virginia Dare Center at the northwest corner of Foothill and Haven on approximately 13 acres in the General Commercial (GC) District - APR 1077- 401 -027. I. BACKGROUND: The above- referenced project was reviewed during 1Te_Fe6rury 5, 1986, City Council meeting. The City Council upheld the applicant's appeal and approved the proposed development with modiNcations to Planning Commission Resolution 86-06. Specifically, Condition 07 was modified to Include the deletion of only 1 parking stall on the west side of the historical grape crusher building, and Condition f8 was added to clarify the applicant's commitment to provide a public viewing area within the grape crusher building for exhibiting artifacts associated with the historical Virginia Dare Winery. Staff was directed to prepare the attached Resolution of Approval for formal adoption by the City Council. II. RECOMMENDATION: If the City Council determines that the revised cond1tTonS are consistent with their action, adoption of the attached Reiolution would be appropriate. Respectfully submitted, a f ' / Brad Buller City Planner BB:HF:das Attachment: Resolution of Approval 3/ RESOLUTION NO. ft-,Tgoft 8 (P ' 3 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, MODIFYIAG PLANNING COMMISSION RESOLUTION 86 -06 CONDIITIONS CF APPROVAL FOR DEVELOPMENT REVIEW 85 -28, HAVEN AVENUE FOOD COURT, LOCATED WITHIN THE VIRGINIA DARE CENTER A7 THE NORTHWEST CORNER OF FOOTHILL AND HAVEN ON APPROXIMATELY 13 ACRES IN THE GENERAL COMMERCIAL (GC) DISTRICT WHEREAS, on the 3rd day of November, 1985, a complete application was filed by C/A Limited (" applicdnt'3 for review of the above - described project, which called for the removal of the historic lanftark grape crusher building; and WHEREAS, on the 3rd day of October, 1985, the Historic Preservation Commission denied the applicant's request for a landmark alteration permit to remove the grape crusher building; amd WHEREAS, on the 7th day of October, 1985, the applicant filed a timely appeal of the Historic Preservation Commission decision which was subsequently withdeawn on the 29th day of October, 1985; and WHEREAS, the applicant submitted revised plans preserving the grape crusher building on the 30th day of October, 1985; and WHEREAS, on the 8th day of January, 1986, the Rancho Cucamonga Planning Commission adopted its Re:. ,)lution 86 -06, thereby approving Development Review 85 -28; and WHEREAS, on the 23rd day of January, 1986, an appeal was filed by Don Christeson, applicant for the above-described project; and WHEREAS, an tae 5th dry of 1'abrvdry, 1366, the City Council of the City of Rancho Cuc=, toga held a duly advertised public hearing to consider the applicant's appeal on the above - described project; and WHEREAS, on the 5th day of February, 1986, the City Counril of the City of Rancho Cucamonga reviewed and upheld the applicant's appeal; and WHEREAS, the City Council further determined that a balance of landscaping should be provided along the sides of the historic landmark grape crusher building, and WHEREAS, the applicant has agreed to open up the grape crusher building to public view and display winery artifacts that highlight this building as an historic landmark; d i t P02- 19 -03R Page 2 NON, THEREFORE, the City Council of the City of Rancho Cucamonga does resolve as follows: SECTION 1: The City Council hcreb� amends Condition 97 of Planning Commission eso u on 86 -05 to read as follows: 7. The applicant shall replace only one (1) parking stall on the west side of the historical grape crusher building with landscaping. Also, special landscaping treatment shall be provided to enhance architecture and soften wall appearance along the south and west elevations for City Planner review and approved prior to issuance of building permits. SECTION 2: Further, that Condition P8 1s hereby added to Planning Commission MUTU- fbn 86 -06 to read as follows. 8. That the grape crusher building shall be opened up to public view and winery artifacts displayed to highlight this historic landmark and the heritage of the Virginia Dare Vinery. NOW, THEREFORE, DE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Development Revive 85.28 is hereby approved and the City Attorney is authorized to present same to the City Clerk to be filed for ec ord. PASSED, APPROVED, and ADOPTED this * day of *, lg *. AYES: NOES: ABSENT: on 0 Mikels, or ATTEST: every e e , Uty er 33 CITY OF RANCHO CUCAbIONGA STAFF REPORT BATE: Februa-y 19, 1996 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Assistant Civil Engineer 1a�luarq� < c 0 3 a z E —> ISM SUBJECT: Approval of a Real Property Improvement Contract and Lien Ag- eement, release of a previously recorded Real Property Improvement Contract and Lien Agreement and approval of Subordination Agreement submitted by Eric and Denise Dumont for their property located at 12720 Amber Lane. Mr and Mrs. Dumont have submitted a Real Property Improvunant Contract and Lien Agreement to replace a previously submitted agreement. This new agreement cover, the construction of the off -site improvement and the construction and dedication of on -site equestrian trails. In addt:ton Mr Dumont Is requesting the Real Property Improvement Contract and Lien Agreemen be sulronlinated to alljw him to reference the pro -erty The following resolutions a•e attached for approval: 1. Resolution accepting a Real Property improvement and Contract and Lien Agreement. 2. Resolution releasing a Real Property Improvement and Contract and Lien Agreement. 3 Resolution accepting a Subordination Agreement. RECOMMENDATI04 It is recommended that the City Council approve the above described reso'utiem and authorize the Mayor and C'ty Clerk to sign same and direct the City Clerk to recrd same in the office of the County Recorder of San Bernardino County. 11y submitted, 'LI K:bgl Attachments 3`i L C IW . 0 1 1 I I 5 3 I ' j ' I 1 ' I Iq,pK 1 • I I i I a I ' I I I 1 � ®•ter i 1 0,K X Oi IOK � � •••K.R �+ IQ'1 4q<V• f'•'b tIKN I jI 30 0 ° p 14 A, 1 ; IT94 ? m —K • ,y — SIMVIi Rem ST .T W NUE 1 . .,.117 •:(•.wc:i u. •- Y:n .• • i. I CITY OF PROJECT: 12720 After Lane RANCHO CUCAMONGA TITLE: Vicinity Map ENGINEERING DIVISION EXHIBIT: W m RECORDING REQUESTED OT: and WHEN RECORDED MAIL TO: City CLEAR CITY OF RANCHO CUCAMONGA F, 0. tax 007 RANCHO CUCAMONGA. CALIFORNIA 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT THIS AGREEMENT• made and entered Into this �6 day o/ 4"'d 198S• by and OetweN Eric and Demise Owont (Mnl- n+ft.r referred to of •OtreloDer'l. and the CITY OF RANCHO CUCAMONGA. CALIFORNIA, a municipal corporation (hereinafter referred to as •City -), provides as falls.% WHEREAS, as a general condition precedent to the Issuance of a building permit for 12720 !later Lane development tht City r•guires the construction of rifting off -tile street Iaoroveatntt Including Asphalt pavement, curt, gutter, sidewalk and appurtenant wort adjacent to the property to be develoLtd, and WHEREAS, the Developer desires to postpone construction of such Improvements until a later data, as determined by the City: and WHEREAS, the City is agreeable o such Postponement pro•Ided that the Oeveloper enters Into this Agreement requiring the Developer to construct said Improvements, at no tape,%• to the City, after demand to do so by the City, which said Agretaant shall also Provide that the City may construct said Improvements If the Developer fills or neglects to do so and that the City shall have a lien upon the real property hereinafter described as security for the Developer's Perfo'mance, ;nd any repayment due City. NOJ, THEREFORE, THE PARTIES AGREE: 021 l Jr, ENGINEERING COPY I The Developer hereby agrees that they will fnetatl off -site street Improvements Including asphalt pavement, curb, gutter, sidewalk and appurtenant wort In accordance and co- ollancu with all applicable ordinances resolution%, rules and regulations of the City to effect at the time of the Installation Sold improvements %hall be Installed upon and along Asper Lane, not to exceed the centerline of said street or beyond the frontage of the subject property except as required to Provide for adequate drainage and traffic transition par C ty Standards 2 The iltallatlon of said Improvements shall be completed no later than one (1) year following written notice to the Developer from the City to commence Installation of the some Installation of said improvements shall be at no expense to the City j In the event the Developer %hall fall or refuse to Complete the Installation of laid Improvements If a timely canner, City may at any time thereafter, upon giving the Developer, written notice of its Intention to d0 so, enter upon the property hereinafter dose -lbed and Complete said Improvements and recover all costs of completion Incurred by the City frog the Developer a To secure the performance by the Developer of the tore$ and conditions of this Agreement and to secure the repAyment to City of any fund% which say be exprnded by City in coppl•ting laid Improvements upon default by the Developer hereunder, the Developer does by these presents grant, bargain, sell and convey to the City, to trust, the following described real property situated In the City of Asncho Cucamonga, County of San Bernardino, State of California, to -wit. that portion of the South one -half of Lots 2 and 10, Block C. Etiwanda Colony Lands, In the County of San Bernardino, State of Cltfornla, as per map recorded In Boot 2 of Naps, aage 246 In the off lCA of the County Becrder of said County. described as follows: 2 37 A 91�IOSi /a atf hamo ltM NMOrthlatt f 91. orner2 ofmithe eSauth force. half eof. Aut& 34 Said Lot 9; thence continuing North 89 degrees 20 minutes 04 second+ West 334 77 feet on the North line Of the South one -half of laid lots to the Northwest Corner thereof; thence South 0 degrees 05 minutes 18 seconds vest 331 28 feet an the vast line of said Lot 10 to the South line thereof; thence South 69 degrees dl minutes 49 seconds fast 331 29 feet on said South line to a /runt the Southeast corners of i+aldf LOt 9 seconds North /U degrees 39 minutes 56 seconds East 331 10 feat to the paint Of oeginn lnq. S This conveyance IS In trust for the purposes def:rtbed above 6. Nor, thteefore, if the 6eteloper8sha11 faithfully perform all of the act$ and things to be done under this Agreement, teen this conveyance shall be 1010, othurite. It shall remain In full force and effect and in all respect+ shall be considered and treated et a mortgage On ills real property and the rights and obligations Of the parties rites respect thereto shall be governed by the provision+ of the Civil CO, of the State of California, and any other applicable statute, pertaining to mortgages on real property. 7 This Agreeeent shall be binding Upon and $hall Inure to the berefit of the hairs. executors, adminlstraters, successors and asslgns of each of the parties heratO 6 TO the talent required to 2114 effect of this Agreement as a mortgage, the term - Developer' shall be 'mortgagor' and the City shalt be the 'mortgagee' as those toms are used in the the Civil Cede of the State of California and any other statute parta/ning to mortgages on real property I If legal lotion f+ comaenced to *micros any of the provisions of this Agrtemrnt, to recover any sum rhleh the City is entitled to recover from the Dereloptr hereunder or to foreclose the mortgage created herebyt then the prevailing party shill be entitled to recover its costs and such reasonable attorneys fees as :hail be ararded, by the Cmu'l. 18 3 IN WITNESS WHEREOF, the Parties hereto hire executed this Agrament on the day and year first above Written. CITY DEVELOPER CITY ALI OF RANCHO CUCAMONGA. corporation a municipal .) cor0ontlan pp By: an r. Mayor ATTEST? +� City Clerk at k ..r. Wee ..rae..re.e.....e..e....s..... 0100...... e..e....e...r...• STATE Oi CALIFORNIA 3 COUAT} OF $AM L/EA NAROINO) $a /yv ^iL'� ,19 kS be fare ma Iirt. ELI —rR= TF the olic, oa te�y aapex • IIF 0— pTi[[S and It, RI} A AUTHC LET Dertomally tnawe to a to be the Mayor area City Clerk, respectsvefy, of the CITY OF RANCHO CUCAMONGA. CALIFORNIA, a municipal corporation, and known to at to be the Persons rho executed the Within Instrument an behalf of Said mun lc lDtI COrParatlon. and aCknoWledgfI to me that Such municipal C...... on lattutea It WITNESS MY HAND AND OFFICIAL SEAL =rO"L�-VULA fata r ur� e Wx ar STAY ( OF CALIFORX IA )) COUNY OF SAN I[R MAAOIAO) SS me. On this the 12 of S.y _ f qg5 before th m ors na notary u c per area y aDpeare qq,, C c %ol _ G tbL— �ur.r.pT Persons y nawn o p F33��- Y prored t. q On the bai li of tatisfaCt ry evidence to be the Dartpn(i) ehoae namt(iI Cam, subscribed to the riCMn inttrn.ant and ank.orle ad tA7E —ir.; executed It, WITNESS M} HAND AND OFFICIAL SEAL 4'IW Kra � THEY X NEARX =- a. ot:ry 5� IgnatY r� M C..O fr., w in Frei NOTE: WHEN DOCUMENT IS EIECUTED BY A CORPORATION ON PARTNERSHIP. THE AROSE ACCAnrtfDGENEMT TS NOT ACCEPTABLE. A CORPORATLO] /BAR — tDCFIIENT IS arquIRED. e 39 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY CLEAR CITY OF RANCHO CUCAMONGA P. 0. lox 807 RANCHO CUCAMONGA. LALIfOAMIA 917!0 NOTICE OF RELEASE OF LIEN Let notice Be given that the City of Rancho Cucamonga hereby release Its lien which It had caused to be recorded on the land hereinafter more falls described, said lien having been placed thereon by the recording of a contract between the City of Rancho Cucamonga and Eric and Denise Dumont dated August 18, 198S and recorded August 219 1985 as Document No 85- 207612 Recorded In official Records. San lerntrdlno County. State of California The description of the land Is a fellows: That portion of the South one -half of Lots 9 and 10. Black C. Etiwanda Colony Lands. In the County of San Bernardino. State of California, at per map recorded In Boot 2 of Maps, pegs 20. In the office of the County Recorder of said County. described of follows: " inning at a point North 89 degrees 20 minutes Oa seconds West 942 OS feet from 'he Nor Ueatt corner of the South one -half of said lot 9; thence contlnelna Rarth 89 degrees 20 minutes 04 seconds Vest 774 77 flit on the North Ilne of the South one -half of sold lots to the northwest corner thereof; thence South 0 depress OB minutes 18 seconds Vast 721.28 feet on the Vast line of said Lot 10 to the South 1'ne thereof; thence South 89 degrees 21 minutes 49 seconds East 771 29 feet an sold South 1100 to a point North 89 degrees 21 minutes 49 seconds West 949.42 feet from the Southees' corner of said Lot 9; thence North 0 degrees 39 minutes 56 seconds East 171 10 feet to the point of beginning CITY OF RANCHO CUCANDNGR. CALIFORNIA. a municipal corporation Bn Jon Mlktls. 4,yor STATE OF CALIFORNIA I as COUNTY OF SAN BERNARDINO I On .19 ,before •e. the er—un d Tigner—, Mom pa hl I In and for sold State, personally appeared Jon 0. Rltels, known to me to be the Mayor of the City of Rancho Cucowelga, California, a municipal co rpm rat l on that execute the within Instrument, known to at to oa the person -he executed the within Inttrumen t, on behalf of said manic pal corperat Ion, therein named, and acknowledged to me that such eon It lost corporation executed the same 'm_ vQ WITNESS my hand and official ...T RECOROING REOUESTEO tYt N vxEN RECNUe E0 MAIL Tot CITY CLERK CITY OP RANCHO CUCAMONGA 0. Rot 807 RANCHO CUCAMONGA. CALIF02MIA 91730 REAL PROPERTY IMPROVEMENT CONTRACT AND LtE2 AGREEMENT THIS AGREEMENT, Made and entered Into t'it ;?Ole day of �l it l.�y . 19� by and between (hereinafter referred to as 'Developer'). and tee CITY OF RANCHO CUCAMONGA. CALIFORNIA, a Municipal corporation (hereinafter referred to as - City-). provides as follows: WHEREAS, as a general condition precedent to .ae Issuance of a buliding permit for 12720 Amber Lane development the City requires the tonstrvction of mitring off -site Street imprpvemeets. en -site equestrian trail Improvements and dedlCetIOP of assailants at located adjacent to and on the PrePerty to be developed These improvements to Include curb, uattev, asphalt pavement and appurtenant street Improvements for Off -site wort and split rail fencing concrete curb, and grading for Squestrian trail for mn -site wort WHEREAS, the 00,010Par desires to postpone constrmctlon Of such Improvements untti a late, date, as determined by the City: and 1// WHEREAS, the City Is agreeable to such postpenement provided that the Developer enters Into this Agreement requiring the OeeelOper to construct sold Improvements, at no expense to the City. after doolnd to do to by the City. which $410 Agreement shall also provide that the City way construct salt Improvenentt If the Developer falls or neglects to do to and that the City shall Cave a lien upon the reel property hereinafter described as security for the Oneloper's performance, and any repayment due City. NOV. THEREFORE, THE PARTIES AGREE: I The Developer hereby agrees that be x111 Install off -site and on -site street Iwproveusts Including es described abaee,IA accordance and compliance with all applicable ordinances resolutions, rules and regulations of the City In effect at the time Of the installation. Said Improvements Shall be Installed upon and along Amber Lane, not to exceed the canttrllne of said Street or beyond the frontage of the subject property Jxcept as required to provide for adequate drainage and traffic transition per City Standards Said On -site Improvements shall be Installed on the property moan as 12720 Amber Lana within an equestrian easement. 10 feet In width t0 be located adjacent I. the east. north, or test and north property lines of the property de%C -ibed In paragraph a below. further. Developer shall dedicate Said equestrian easement to City within 30 days of Developer's receipt Of a notice ham City to da at which notice shall describe the final easement area Should Developer refuse or fail to timely dedicate said easement. City may enforce Developer's obligation to do 10 by WAY of ar action for specific performance. 2 I=ftmmr. PAL 2. The InitlilgtlOa Of sold Impro.ement3 cell- be completed do later thin Oat (1) year following written ndtice to the Developer prat the City to Cameence twallation of the but. I#Ileliatlon Of laid Improvenonts small be at Ad *cots,# to the City. 3. In the event the Developer %hall fall or refuse to Complete the Installation of said IeproRUnts In 4 timely manner. City say at any time theYaftess aeon giving the 041610pol written notice of Its Intention to do so. enter upon tea prOperfy hertloafper d4,Cribtd ant cospieta Said loproverents and recover all 10mtf Of COApletlon Incurred by the City from the Developer. 4 To $fear* the Performance by the Developer of the toles and rondlti2as of sett 41r *emeat And to Secure the rmeayArnt to City Of any funds Which mey be elpemdld by City In COApltti:g told bpraOAemtt wcon default b/ the Developer hereunder. the Developer dote by these prttent$ grant. bargain, a*" and convoy to the City. In trust. teal fel•ovleg described real property eltudted In the City of poncho COPemengs. County of son Iern vdlno. State Of California, t0•wltl That Onrtlen Of the tooth One-half of Lott 9 6 10, Block C , CthandA Colony land$. recorded In toot 2 Of MAPS. page 24. County of San 9ernArdlna. State Of California. described as folio.$, at a total North Be everted to of said lots to the Northwest career thereof- theme* South 0 dgrea 03 minutes IC •.lend•. Vast 331.23 feet an the Ymel Ilea o! said tot 10 to the SO11L foe thareofl teanc* South 0f degrees 21 mlostes 49 seconds cast 331 29 feet me sold South 9d to s poi #t North 39 Ogres% 21 ■hates 49 Intends west 949.42 feet from itI Seatbeast corner •f sold cot 92 theme# Martin 0 degrees 39 mingle$ 56 etccedt cut 331.10 hat to the point of beginning. ys S This coal g4nca is to trust for the purposes described above 6 how, therefore, If the Developer shall faithfully perform all of the sets and thingl to be done alder this Agreement, then this conveyance 1M11 be void, otherwise, It shall remain In full force and effect and in all raspects shall be considered and treated of 4 mortgage on the real property and the rights and obligations of the parties with respect the r e to shall be governed by the prorislons of the Civil Code of the State of California, and any other appllable statute, pertaining to mortgages an real property. I This Agreement shalt be binding open and shall Inure to the benefit of the heirs, executors, adm,nittrators. Successors and assigns of each Of the parties hereto a. To the extent required to 9116 effect of this Agreeont as a mortgage, the term 'Developer' shall be - asrtgagore add the City shall be the 'eortgagae• as those terms are used In the the Civil Code of the State of California and any other statute percgleing to mortgage, on real property. 9 If Intel action is couenced to enforce any of the pralislanl of this Agreement, to retOVer 4n, sum vnich the City is entitled to recgve- from the 01,41004• hereunder or to foreC1a56 the mortgage treated hereby. then the prevailing party shall be entitled to recover its costs and Such reasonable attorneys fans 41 shall be awarded by the Court 1��..9. // 1/ 4 IN VITMESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written CITY DEVELOPER CITY OF RANCHO CUCANOAG/, CALIF OR AN. a municipal corporation By: It —• on e t Mayor ATTEST: APPROVED AS TO FORK ever y A AuM or' Yy OrOay City Clark ................................. ............................... STATE OF CALIrORN1A ff COUNTI Oi SAM RERAAR DINO N On ,1g—,before the un ers one Notary u c, persona Y appear RTRE[S and REVEAL, A AUTHELET personally known to ea to be the Major and Cit. Clerk, 1SPOCtirely, or the CITY OF RANCHO CUCAMONGA, CALIFORNIA, a municipal corporation, and known to me tc be the pertont who exeCwted the within Inttrueeet on behalf of said municipal corporation and acknowledgtd to me that such municipal corporation executed it WITNESS My HARD AND OFFICIAL SEAL Notary gnetil ure STATE OF tALIFORNIA as COUNT/ Of SAN RCRMA0.0I,�N.OI me, 2'. 0,+ h i s s the /_dry, of �1 �t 4u/) b F. r /9Y : before .T �itn,t LIEU- - tne un�,11 eri gned Notiry .r persona app.ary h, r'l71. R. i.ur.,,t ri, new,. � .. .1. {x l personally knoen to me ii i) Droved to at on the basis of satisfactory evidence t0 be the perso.(ti vbase nael(s) ,(.,, subscribed to the within Instrument and acknowleyed that 4( 0.ecuted It WIrNESS NY NAND AND OFFICIAL SERI —'—OT- ro o ary qi re ws cm,,"Lxx . u.w e1 < „ NOTE: AVER DOCUMENT IS EXECUTED RT A CORPCRATIOR OR PARTNERSHIP, THE ABOVE ACKNOWLEOGENEMC IS NOT ACCEPTABLE. A F70UE C ORP ORAr IOR / ►ARIAF4SRTP— ECEOGENEAT IS REQUIRED. S SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN TOUR SECURITI INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND LOWEC PRIORITY THAN THE LIEN OF SJNI OTHER 01 LATER SECURITY INSTRUMENT. THIS AGREEMENT, made this �g�das of ,IB�� DT JJa(�rftta� owner e e ana er•lne/t.r defc,6a�wn ers na ter n erreU to as 'Owner' and the City of Rancho Cucaanga hereinafter referred to a 'City', ovrtr and holder at the certain Real property and Lien Agreement hereinafter referred to as 'Lien Agreements WITNESSETH THAT WHINERS, dates corer ng: Legal "arrival" par MIRIT we atc a heato am Mae a Part heraot cam- "mead of was Poe. to secure which was recorded in • official Records of said County, an WMENEAS, owner hat eacut•a a deed of trait and flat* In the cum o /per, Sim nwr rwaura , a" n sorer of ereinofttr n erre ;91.1 m err , pal s a with er a� upon the tarot and Condltlant described thoenn. which deed of trust is to be recorded Concurrently herewith; and WHEREAS. It Is a Condition precedent to making Said loan that sold dead of trust last .hove motioned shall unconditionally be and remain at all time& a lien or charge span tho land hereinbaforI described, prior and Superior to the flan Or charge of the Len Agreement; and WHEREAS, tender Is willing to make sold loan provided the dad of trust securing the same It a lien or charge upon the about described property vrior to superior to the lien or charge of the Lien Agrament and provided that City will tpanif lCaily and man conditionally subordinate the lien or charge of the Lien Agreement to tot Ilan or Charge of the dad of trust Its favor of Leader; and WHEREAS. It is the mutual benefit of the pa-ties hereto that Lender modify said loan to Owner; and City is willing that the deed of trust tCn Ing the same shall constituti a lien or charge upon a lit tend :,,.Ch Is unconditionally prior to superior to the lien or charge on the Len Agreement MOW. THEREFORE, in Contlderstiou of the mutual benefits Accuring to the part l as hereto and other valutole tdetlar&tioa, the receipt and tofflClency of rhlch eottlderation is hereby acknowledged, and in order to Induce Lender to mod l fir the loan abort referred to, it is hereby declared, uadeettodd and agreed As fO110w3: (1) That sold dad of trust securing said note to favor of Lender and any renewals or extensions thereof, shall once ha, tionally be AnJ ream at All limit a lien or charge on the property therein described prior and superior to the lien or charge • of the Lien Agreement F=tftmmp. VC (E) That Llndll would not Pate Its loan above described Without this subordination agreement. (0) That this agreement %hail be the whale and only agreem4et with rega•d to the subordnatlon of the lien or charge of the Lien Agreement to the lien or the rge of the data of trust In lover of Lender above roferrrd t� and shall %:d -rtede and Cancel, but only Insofar as .0,14 affect the priority between the sold if trust had lien Agfeoemt Ply prior agree." as to such Subordination Includ Mg, but Limited to, %hose pror,sions, If dn" contal In the lien Agreement which pro•1Jr for the Su bar dinition of the lien or charge thereof to another deed or deeds of trust or to another so -tgage Or mortgages The City de. area, agrees and ace now ledges that: (a) He GO"llOU t0 and appro Wl all o,O.Isiont Of the note and dead of butt In favor of Linder above reflrrld to by that certain madiflcetlon agreement by and 09t.emn Owner and lenddr, dated (b) hl .ntentlanally and unconditionally w. en, r4linquiShet and subordinates the lien or charge of the Lien Agreement to faro, of the lien or charge upon Sala laid Of the deed of trust In furor Of Lender abort referred to and understand% that In reliance upon, a,a In CO,,idor&tIOM of this .alror. r#Iinqulsh.t,t and tubordlnatlon specific loans and advances are being and will be made and as a part and parts: thereof, specific 00etbry led other obligations are being and +III be entered Into which would not be 0904 or entered Into but for sold reliance upon this waiver, 1411n4u1ihment and Subordination; and (c) Al en0015e18nt has been placed upon the Lien Agreement that Said ♦lees Agreement has by tale Instrument beef. sup0,dinated to the lien or charge of the deed of trust In favor of tender above referred to NOTICE THIS SCIOROINATION AGREEMENT CONTAINS A PROt'tIOP WHICH ALLOWS THE P..RSON OBLIGATED ON YOUR REAL PROPERTY S.' -ITT TO OITAIN A LOAN, A PORTION OP WHICH MAY IE EXPENDED FOR PURPOSES OTHER THAN vH PA OVENENT OF THE LAND VALE +.• MAYOR +o ,wu• m 14a MaJ1 �hYl1 WTICOR TITLE INSURANCE n rawt, tr.. Y.. w r.•r1 Y sr cr f4 L V M L.LdMYr I•J,P[IY M Yt h•MS. •hrr Pw143L- wprMea Y.Y weer oa.•,xr W r1r.Ydwa •WiJV{ rw r•W J +.,e J rid rYW nI W W MP,eL1.eLL a". ilk AP`7' y7A/7 .M..'Pothe r W am LS++latr A. or CCam T1ON• TI+E' LPUp prrFp!'_t+ TO NERFII/ ES PEFMRIPOJMO. STA/E OF CALJFOF,MIA, A Awn NO t • AND ISIOESrFO IN THE COL+NTy VwAr CRIEEO aS FOLLOAt Ar f CoUvrr SE OER OF S0OX COOF ft pEFMYC`INO. Npjarr 0' c IFORMIRINRNOA TT RE OF Napf. FA I ekJMY1NG AT R_'OtOr NOA'N Ae �.- -- OffCRlBED AS FO LLOMS. 1'E 0/ E brl rE �OAO ERSF DR�uiO�siONNO EGRESS O+^EIT THE S00 COtOW t rN" SOOI,f OY NA(F AS PEA NAMD, CO THE COVNIy OF SaN O[p"M JN FLO_K py SD 'r< COUNTY RECOPDE9 IN FOOF Oc O. STATE•Cr Ert fixOA RECORDER OF SAID COUNTRrAA$' FACE 21, IN THE OFFICE pFA, FCCFPr 1NRT PORTION LYING MJTMJN PAPCEL NO I ABOVE C/ P RESOLUTION NO. E e%*I:W 3(e —39 A RESOLUTION OF 11NE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, ACCEPTING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DENISE DUMONT AND AUTHORIZING THE MAYOR AND CiTY CLERK TO SiGN THE SAME WHEREAS, the City council of the City of Rancho Cucamonga adopted Ordinance No. 58 on February 21, 1979, to establish requirements for construction of puulic improvements in conjunction with building permit issuance; and WHEREAS, installation of off -site improvements of curb, gutter, sidewalk and pavement and on -site improvements and dedication of equestrian tails established as prerequisite to issuance of building permit for 1272D Amber Lane has been met by entry into a Reel Property Improvement Contract and Lien Agreement by Eric and Denise Dumont. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga, California does accept said Real Property Improvement Contract and Lien Agreement, authorizes the Mayor and the City Clerk to sign same, and d.•ects the City C1erK to record saw in the Office of the County Recorder of San Bernardino County, California PASSED, APPROVED, and ADOPTED this 19tn day of February, 1986 AYES: NOES: ABSENT: Jon U. Mikels, Mayor ATTEST: Beverly A. Aut a et, City lerk I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19 * *. Executed this * day of *, 19 ** at Rancho Cucamonga, California. Beverly A. Authelet, City Clerk yF RESOLUTION NO. Eff-M W 004 -qo A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RELEASING A REAL PROPERTY IMPROVEMENT CONTRACT AND LIEN AGREEMENT FROM ERIC AND DENISE OUMONT WHEREAS, the City Council of the City of Rancho Cucamonga adopted Resolution No. 85 -236 accepting a Real Property Improvement Contract and Lien Agreement from Eric and Denise Oumont; and WHEREAS, said Real Property Improvement Contract and Lien Agreement was recorded in Official Records of San Bernardino County, California, on Auguest 21, 1986 as Document No. 85- 203612; ar.d required. WHEREAS, said Real Property Contract and Lien Agreement is no longrr 4OW, THEREFORE, BE IT RESOLVED that the City Council of the City of Rancho Cucamonga does hereby release said Real Property Improvement Contract and Lien Agreement and that the City Clerk shall cause Release of Lien to be recorded in the office of the County Recorder of San Bernardino County, California. PASSED, APPROVED, and ADOPTED this 19th day of February, 1986 AYES: NOES: ABSENT: Jon D. eis, 5yyor A - TEST: Beverly A.-ARFeTeT.-My-M-e-FIF I. BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at a regular (special, adjourned) meeting of said City Council held on the * day of *, 19**. Executed this * day of *, 19** at Rancho Cucamonga, California. Beverly A. A5­tFeT—et—.Ut-y—Cre-rF M. RESOLUTION NO. f42- 4J9.091h 3 (r - 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, APPROVING A SUBORDINATION AGREEMENT FROM ERIC AND DENISE DUMONT A140 AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SANE WHEREAS, a Real Property Improvement Contract and Lien Agreement for the installation of off -site improvements along the frontage of property located 12720 Amber Lane was approved by City Council on February 19th, 19E6 and recorded in San Bernardino County on *, 19 *, Instrument No. *; and WHEREAS, for the developer to secure financing for the project, the lender requires that the above - mentioned l :en be subordinate to the lien in favor of the lender; and WHEREAS, the developer has submitted a Subordinate Agreement to that effect for the City's cpproval and execution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, that said Subordinate Agreement be and the same are hereby approved and the Mayor is hereby authorized to sign said Subordination Agreement on behalf of the City of Rancho Cucamonga, and the City Clerk attest thereto. PASSED, APPROVED, and ADOPTED this 19th day of February 1986. AYES: NOES ABSENT: ATTEST: Beverly A. Authelet7TTT­y_ZTF­rr Jon 0. Mikels, Mayor I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly Gassed, approved, and adopted by the City COUnLil of the City o` Rancho Cucanonga, at a regular (special, adjourned) meeting of said City Council held on the * da of *, 19". y Executed this * day of *, 19** at Rancho Cucamonga, California Beverly A. ut a et, C ty C er 57 CITY OF RANCHO CUCAMONGA STAFF REP01Vr o 6 1977 DATE: February 19, 1986 TO: City Council and City Manager FROM: Lloyd B. Nubbs, City Engineer SuBaECT: Approval of Common Use Agreement No FA 18601 with County Flood Control District for bridge over Deer Creek at Church Street Attached for :ouncil execution is the subject agreement. This agreement Street i crosses DeertLeekrloUnderhtheoagreement, thecCiCitgynassumeseliability c operation reoFdr and nejnizes a responsibility not h ndethe ope ationof the Flood Control The ughout ethe Cityy and is required to legalize othe nestabl: shed crossing. thro RECOMMENDATION Staff recommends Crek et Land eexcution of Consent and Common Use Agreement Attachments Si- N 6, SAN DERNARDMO COUNTY FLOOD CONTROL DISTRICT STANDARD CONTRACT FOR DISTRICT USE ONLY ,a•rwMOh. C1Mnr,•p CMCM O,IONf Cy„rN qO CwvN L]bvY. eC,b•n l,pr•awYUh C•«Va JX%eS L. DUNN 1634 h M. N"'. r.J {NOpVn N• IW NO Mo NO 010 691 PA18601 IN:r N••.•CONSENT TO COHNON ' •e..,•n e•••.e. «uw« ACREEhiNT - CHURCH ST `M"°'n•o"raia..i,r ACROSS DEER CRR., C rni"w.n a,rrnan _ aawn••..•r• «nw ".tae THIS CONTRACT is entered Into in the State of California by and between the San Bernardino County Flood Control District, hereotter called the District, and t:ae• CITY OF RANCHO CUCAMONCA CITY htrealter celled Nan,N P O. Box 807 OJnnwn n....m -qw f e nl 71n re.:N Y�nb o..• iwrm�o we a, s« "�sann•N• IT IS HEREBY AUREED AS FOLLCAYS: 10M 30" below and iddroon/ bard dwers Set faith wriv, to be nMlered, amount to be paid, marwwr of payment tit for perfomruYe or ramprenon. Cemfminadn Of "Orrfa:raly Pedofmna and taus for errminafion other afmrt and MId'honl. and ertiA Plans. meafiuoont. nd abrade, if airy.) W I T N E S S E T H WHEREAS, CITY desires to effect, at CITY coat, the operation and ma Sntenonce of a new bridge for Church Street across the i)eer Creek, C/E Mich operation and maintenance will necessitate CITY, acquisition of certain road rights -of -way therefor anu k HEREAS, said road rights -of -wad will occupy. in port, portions of tba DISTRIC" owned lands, hereinafter called "DISTRICT LANDS "; and WHEREAS CITY deslrws to operate and maintain Bald new bridge and appl.rtc- rances within DISTdICT IAaDS an,. wlthtn adjoining CITY ounNd lands, which DISIRICT ar.d "ITt lands are hereinafter referred to is "AREAS Ot COHMON USE ", which ARL1S OF 10HMON USE are descriood on attached "E..hiblt A" and shown on attached plat map marked "Fxhiblt 9 ", and WHEREAS, DISTRICT dcsir.ts to preserve, maintain, construct and operate flood control and water conservation works within and across said AREAS OF C014HON USE; FA18601 0,.1100 S3 CITY CLERK 1 3 •n•_ of- UCW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. DISTRICT hereby consents to CITY'S construction, recvn :rwtion. maintenance and operation of a bridge and appur.enances thereto, at CITY'S expense within the AREA.. nF COMMON USE and .o allow CITY and the traveling public to occupy and use said AfiA OF COMMON USE for street end highway purposes; provided, however, that no such construction, reconstruction, maintenance, operation, occupancy, or use shall be effected by CITY, its successors or assigns, to any manner which, In the opinion of the Chief Engineer of the DISTRICT, may interfere or conflict with any structures, faellitte3 operations or uses which DISTRICT has or intends to have upon said lands, without first submitting plans of such occupancy or use to DISTRICT'S Chief Engineer at least 30 days prior to the date of :uch Intended occupancy or use and obtain his written approval therefor, vhich ..pprovsl shall not be wlthhelr, if in the opinion of the Chief Engineer, the proposal does not interfere or conflict with tho DISTRICT'S interests; and providing further that CITY, its successors and assigns shall assume full responsibility for the operation And maintenance of bridge and roadway factlities (Including all roadway culverts, pipes and those portions of bridge structure, includlne approaches, sidewalks and other appurtenant works, lonated above the bottom plane of bridge seats or soffit of deck structure, whichever is lowest). 2. CITY acknowledges DISTRICT'S right to AREAS Of COMMON USE and the priority of DISTRICT'S right wl•hin DISTRICT LANDS. DISTRICT has and reserves the right to we AREA OF CANNON USE In any manner not in conflict with CITY'S needs for the proposed improved public roadway, without necessity for any further permit or permission from CITY. Except in emergencies, CITY shall give reasonable notice to DIS'i RICT before performing any work on CITY'S facilities in sald AREAS OF COMMON t'SE, where such work will be performed within channel or levee areas, o^ which said work will in any way alter or obstruct the flow of or potential ilea of waters within said flood control and water conservation works. FAI8601 Page 2 of 3 C t/ I. CITY hereby consents to the construction, reconstruction, maintenance, operation or use by DISTRICT, its contractors, agents and employees, of flood control and water conservation facilities and appurtenances thereto under, over, upon and along said AREAS OF COMMON USE, upon and subject to the terms and conditions herein contained. a. CITY shall Indemnify and hold the DISTRICT and all officers, employees. and agents of said public body free and harmless from any and every claim, demand or action for damages, or Injury to ary person or persons or property of any kind whatsoever, and scall assume any cost or expense in connection therewith, and agrees to defend the DISTRIC', the County of San Bernardino, and all officers, cr.p /oyees and age" s of said public bodies against any claims ar demands which may arise oat of or result it= the CITY'S occupation and activities within AREA OF COMMON USE. S. DISTRICT shall, except In emergencies, give reasonable notice to CITY before performing any work on CITY'S facilities in said ARFA OF COINON USE. THIS AGREEMENT shall inure to the benefits of and be binding upon the successors and assigns of both parties. APPROVED AS TO FORM: SAN BERNARDINO COUNTY City Attorney FLOOD CONTROL DISTRICT CITY OF RANCHO CUCAMONGA 6w> Ietryan0en,es,prrr.•¢1 Chairman. Board of SuPeNIiOra ATTESTCD. Secretary of the Flood Control Dntnct crop Cwn,w 1 Ow � o 02d24sH2r aw 2100 OY ► JON 0 MIKELS rAereo,u•ed SS2" ) Dated FEBRUARY 20, 1986 Title MAYOR 9320 RASE LINE ROAD. RANCHO CUCAMONGI Apney AOMna ~CAO ° ^• -- ��'FnID Ol That portion of Lot 1, Tract 2202, as per plat recorded in Book 34 of `Laps, page 67, records of San Bernardino County. lying within that parcel of land described in document recorded March 24 1987 as Instrument No 82- 056914, Official Records of San Ber.,ardino County, said portion further described as lying within a strip of land 88 feet wide, being 44 feet on each aide of the following described centerline: Beginning at a San Bernardino County Surveyor's brass disc marking the Southwest corner of the Northwest quarter of Section 1, Township 1 South, Range 7 West, Son Bernardino Meridian, said Southwest corner being a point in the centerline of Haven Avenue (134 feet wide being 101 feet Easterly and 33 feet Westerly from said centerlina); thence South 89' 19' 11°' East, 428 feet to the point of termination EXHIBIT A YA18601 S6 m F xmi;AS� wa�°•F ag �m�w7 n 4�IY �YY 4 JI Yi .p j< m z N m DEER CREEK OOP LOT. TWT2Z02.WV31 2 N�Y`e �� g•a un � ° w °• 3 m• W 111T s TA16601 SAN BERNARDINO C01W FLOOD CONTNJ_ MI Rt.' •4C�S Y• �I I1 ,Ca xl NIVO 7l' w� �m 1'� • q i •y yA n \ A N � O N B tiO n6i i �� a S•n o -L'C DEER CREEK OOP LOT. TWT2Z02.WV31 2 N�Y`e �� g•a un � ° w °• 3 m• W 111T s TA16601 SAN BERNARDINO C01W FLOOD CONTNJ_ MI Rt.' •4C�S Y• �I I1 ,Ca xl NIVO CITY Or RANCHO CUCAMONGA STAFF REPORT DATE: February 19, 1986 TO: City Council and City Manager FROM: Lloyd S. Hubbs, City Engineer BY: Linda Seek, Engineering Technician SUBJECT: Approval of Tract Map, improvment Agreement and Improvement Security for Tract No. 10827 -1 located between Hermosa Avenue and Haven Avenue, south of Nilson Avenue submitted by First Nationwide Network Mortgage Company. Tentative Tract No. 10827_1 was approved by the Planning commission on July 25, 1984, for the division of 57.7 acres into 321 lots in the Low Medium Development District located between Hermosa Avenue and Haven Avenue, south of Wilson Avenue. The Oevelooer, First Nationwide Network Mortgage Company, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Faithful Performance Bond: $898,000.00 Labor and Material Bond $449,000.00 Letters of approval have been received from the high school a elementary school districts and Cucamonga County Water District. C.L. d and have also nd been approved by the City Attorney. RECOMMENDATION it is recommended that the City Council adopt the attached resolution approving Tract aye 10827 -1 accepting said agreement and security and map to record. the Mayor and City 'Clerk to sign said agreement and to cause said map t0 record. Res tfu11Y bnlitted i Jaa / Attachments s$ CITY OF RANCHO My Npnr�O�wbPrwl CryM MK1G QIGMY�11 G1lGN� r, PROJECT: Tr 10,827-1 CUCAMONGA TITLE; ENGINEERING DIVISION EXHIBIT:_ A S-51 CITY Or RANCHO CUCAMONGA IM;ROYEKENT AGREEMENT FOR TRACT RO 10827.1 [NOV ALL KEN 81 THESE PRESENTS: That this 1q1.4esent Is ma do and entered Into. In conformance with the provis ons of the Sesdlvttlon Nap Apt Of the State of California, end of the applicable DrdlmenCes Of the City of Rancho Cucamonga, California, a municipal corporation, by and between said City, hereinafter referred to as the City. and First Nationwide Network is ortgage Company, a California Corporation, hereinafter referred to as the Developer VITNESSETN: THAT. WHEREAS, said Developer desires to develop certain real property In said City it thorn on the conditionally approved subdivision tno.o as T,jCt RD 10827 -1; and WHEREAS. said City has establlthe! certain requirement, to be rat by sold Developer as prerequisite to approval of said so bdtr lslon gererally located between Hermosa Avenue and Haven Avenue. south of Wilson Avenue NOW. THEREFORE. It Is hereby agreed by said City and by told Developer as folio.$: I The Developer hereby agrees to construct at Developer s expense all lopr000.ents detcrlbed an page 6 here• Of within twelve months tram the effective date here';. 2. This agreement shall be effeative on the date of the resolution Of the Cosncll of said City approving this agreement. This agreement shall be In default an the day follow. Ino the first anniversary date at said Ipprerai unless in eaten. Stan of time has been grafted by said City as hereinafter provid- ed 7 The Developer may request am extension of time to comPlate the terms hereof Such request shall be submitted to the City In writing not lets than 30 days before the aspiration date hereof, and shall contain a Statement o/ circumstances necessitating sac extension of time The City Shall have the right to review the provisions of this agreement, Including the t.4struction ateni3rds. Cost 0.tim ate, and Improvement security, and to esquire adJuetnnts there,, i; any substantial change has OCCUrIrd during the term hereof e If the Developer falls or neglects to comply with the prov i 2 tom Of this agreement. the City she 11 have the r aht at any time to Cause said provisions to be met by any la. /sal eons, and thereuPon recover fr as the Developer and /or his wrote the full Cott and expente incurred S The Developer shall provide metered voter service to each lot of 2413 development in accordance with the reggulations. schedules, and fees of the Cucamonga County Water Olt t, lCt. 8 The Developer Shall be responsible for replacement, relocation or removal Of any component of any Irrigation water System In COmfi -ict with construction of required loproweeents to the Satisfaction of the City Engineer and the owner of Such water system 7. INprofetents required to be constructed shall -I. fn 0 7 teDrort'ents rtqutred to be constructed Shell eaororm to the Standa.d Dravleat and Standard Specifications of the City and to the Improve.@• elan approved by and on file In the offtca of tha C1 I, Engineer Sold Improvements are tabulated an the Cons buctson and land L tioate, hereby incorporated an page 6 hereof, as taken (,oft the Lprav e.ent eLnf listed the -44n tnumber lb• 0eveloper shad also be rvvnontlble for construe. lion of any transitions or other Inoldintal volt beyo -d tee tract boundaries as ntided for Safety and proi,er surface drainage. Er rare or o.mb SIOns discovered during conit toCtln shall be Corrected upon the direction of the City Engineer Revised wark due to said plan modifications Beall be covered by the provisions of this agrelaent and Secured by the surety covering the original Planned vorkt 6 Colntruction permits shall be obtained by the Developer from the office of the City Engtn car prior to start of work; all regulations If sled thereon skill ht mblerved. with at toil ion glvan to safety procedural. Control 0 dust, noise, or other nuisance to the area, and to proper natlllcation of public utllittet and Illy pepar beast Fa lure to comply with this Section shall be subject to the penalties pr DOW therefor 9. The Developer -hall be reSponsible for removal of all lease rpcas and other debris frog public rlghtt -of -way within or adjoining fold developeent resulting from work relat'.ve to 2a 14 development. 10. work done wlthln existing streets shall be diligently pursued to coast&"on; loo City shall have the right to complete any re , d all work in the Ant of unjustified delay in Completion, and to re Or at all to end e4penta Incurred Ire. the Developer end /Or his COntfMtOr Oy any lawf Yl means 11 Said 0e1eloper shall at all times folloelnq dedlca. tlon of the struts and easements In said subidlvftipn, o to the completion and Acceptance of Said work or Improvement by said Ctt COUn<11. gi good and adequate warning to the travel said pYO� rt ic of each And every dangerous condition 0412 tent a laid street or tafe.ent, and wilt protect the traveling Public from such de fit if ve or dangerous conditions. Until the CoeptetIOn of 411 Improvements, herein Incorporated on Page 6 , to be perfor,ed. tact. of said Struts not acce Dtad u Improvement% Shall be under the charge of sold Oeveloacce SA 10 D . per may close all or a Portion of Any Street tu0l ePS to the C Old ItlOnf contained In a temporary street closure permit. to the by the City Engineer, whenever It If necessary to p -mtect the publtc during the cons tructlon of the tmprprement9 herafn agreed to be .ado. y Parkway plantar y the Develperreaftere otherd improvement Planted and cleanup has been campteted el ant lnq Shalt be done at provided by Ordinance to at corde.ta with the Planting diagram approved by the City Caeounit) civilopoint Director The Developer (bell be responsible for .aints king all trees p lan tad in good health until the end of the yyn arant fed selntenanct period. or 'or one year after planting. whichever If I ter 13 The Developer If responsible for meeting all Condi- "Ons eSt4bifihad by the City p.rtuent to the Subdivision nap Act, C11y OrdlAiCes. and this agreteert for the development, and for the satntenance of all ImOrovuih•t constructed thereunder .2. until the Improvement Is accepted for maintenance by the City and no imprOveeeet Security provided hareinwlth shall be released before such acceptance unless Otherwise provided and authorized by the City Council of the City. 14 This agreement shall not terminate until the maf ntenan ce guarantee security hereinafter described has bass released by the City, or until a new agreement together with the required Improvement security has been submitted to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the Improvement Security therefor has been released is. The improvement security to be furnished by the Developer wlth this agreem -nt Shall consist of the following and shall bs In a /are acceptable by the City Attorney: To secure faithful performance of this agreement 1 A bond or bands by one or more duly authorited corporate sureties in the fare and content specified by Government Code Section 66499 1 2 An Improvement Security Instrument In the form and content specified by the City Attorney. I. A deposit with the City of money or negctiable bonds of the kind approved for securing deposits of public monies To secure laborers and mterialmen: 1 A bond or bonds by one or more duly authorized corporate sureties In the form and content specified by Government Code Section 66499 1 2 An Improvement Security Instrument In the fare and content specified by the City Attorney. I A deposit with City of money or negotiable bonds of the kind approved for securing A cash d• osit with the City to guarantee payment by the Develaps, to the engineer or std veyor whose oertlfirste appears upon the Final Nap for the tall lnyy of all Boundary, tat corner, and street c :nt .dine ounumants and for furnishing centerline tie notes to the City. The amount of the deposit may be any amount certified b77 the engineer or surveyor is payment In full; or. If no value Is submitted, the cash bond shall be as shown an the Construction and Band Estimate contained herein Said cash deposit may be refunded as soon at proce- dure permits after receipt by the City of the centerline tie notes and written assurance of payment in full from the engineer or surveyor The required bonds and the principal amounts thereof are set forth on page 6 of this agreement. 16. The Developer warrants that the laproveaents described In this agreement shall be free from defects In materials and workmanship Any and all cortions of the Improve. ments found to be defective within one (1) year following the data on which the Improvements are accepted by the City shall be repaired or replaced by Developer free of 411 charges to the C it Y. The Developer shall furnish a maintenance guarantee security In a sum equal to ten percent (10%) Of the construction of timate or 3290 00 whichever is greater, to secure the faithful perform . of DanoSopar- obligations as described In this para- graph. The maintenance guarantee security shall also secure the faithful performance by the Developer of any obligation of the -I- �A.X Developer to do specified work with respect to any parkway maintenance assessment dlstriet Once the Improvements have teen accepted and a maintenance guarantee security has been accepted by the City, the Other Iap,ovevemt security described in this a9 r ateent may be released provided that such release Is otherwise autho ^Ia ed by the Subdivision Map Act onJ any applicable City Ordinance 17 That the Developer shall take out and maintain such public liability and property damage Insurance as shall protect him and any contractor or subcontractor performing work covered by this agreement from :l alas for property damages which may arise because of the nature of the wort or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or indirectly employed by said persons, even though su.h damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed by said persons The public liabilityy and property damage insurance shall list the City as addltonal Insured and directly protect the City, Its officerse agents and employees, as well as the 0 e at,-,:., n;. contractors and his subcontractors, and all in•urance policies issued hereunder shall so state The minimum amounts of such !nsurance shall be as follows: A. Contractor's Ilabitit// insurance pray.din bodily Injury or death li.bllity limits of net lass the $300,000 for -stn person and $1,000,000 for each accident or occurrence, and property damage llabll- Ity limits of not less than $100,000 for each acci. dent or occurrence with in a9gre ate Ilo:t of 5250,000 for claims which may arise Iron the opera- tions of the Developer In the performance of the work herein provided 8 Automobile liability 'nsurance covering all vehicles used in the performance of this agreement 4 rovidinq bodily injury liability limits of not ets than $200,000 for each person and $300,000 for each accident or occurrence, and property damage liatility limits of not less than $50,000 for each accident or occurrence, with in ag7ragate of not lass than 5100,000 which may arise gram the opera. Slone of the Developer or his Contractor in performing the work provi ed for heroin. 18 That before the execution of this agreement, the Developer shall file with the City a certificate or certificates Of ante ante covering the specified Insurance. Each such Cartlficata shall bear in endorsement precluding the cancellations, or reduction In ctiarage of any policy evidences by such certificate, before the aspiration of thirty (30) days after the City shall have received notification by registered mall from the Insurance carrier. As evidence of understanding the provisions contained herein, and of Intent to comply with teat, the Subdivider has submitted the following described improvement security, and has affixed his signature hereto: taZ� 63 0-= FAITHFUL PERFORMANCE Type: Principal Amount: 1090,000.00 Name and address of surety: MATERIAL AND LASCR PAYMENT Type: Principal Amount: S449,000.00 Mash and address of surety CASH DEPOSIT MDRUMENTATION Type: Principal Amourt: S 3,500.00 Mace and address of surety- MAINTENANCE GUARANTEE Type: Principal Amount: R/A 'lame and address of surety: TO BE P05TED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the parties hereto Mora caused these presents to oe duly executed and acknowledged with all forma11tle, raguired by law on the dates t forth opposite stair signatures I" ST T- INWIJL7 ET 11 ryOATGAGE GVIPAHY Data 11/7/05 b 'v .'( , � 7y / ,Developer gnat era 1 M�c .r 11A : .n w 'Y !' ac rr n[ e Data 1r >_G 0— Dy Q2 ,ipm � //n 2.e.,�,.. ,Developer gnature �Swher_ a GAaC,ri vrinioo Accepted. City of Rancho Cucamonga, California A Municipal Corporation By: Mayor Attest: City Clerk Approved: DEVELOPER'S SIGNATURE MUST BE NOTARISED ra y -5- 1ST NATIONWIDE SAVINGS February 11, 1986 City of Rancho Cucamonga 9320 Base Line, Suite C Rancho Cucamonga, California 91701 References Irrevocable Letter of Credit No. 622 -S Tract No. 10827 -1, Faithful Performance Gentlemens At the request and for the account of 15t Nationwide Network Mortgage Company, we hereby establish in your favor our Irrevocable Letter of Credit No. 622 -S In the amount of EIGHT HUNDRED NINTY -EIGHT THOUSAND 110 /100 DOLLARS - *898,000,00. This Irrevocable Letter of Credit is available against your sight drafts drawn on First Nationwide Savings and accompanied by your letter certifying that the City of Rancho Cucamonga is entitled under its agreement with lat Nationwide Network Mortgage Company, relating to Tract No. 10827 -1. Said certification shall be final and binding on the right of the City of Rancho Cucamonga to so draw. The amount available under this Irrevocable Letter of Credit No. 622 -5 will be reduced from time to time to the extent of payment of your drafts or upon your written authority drawn hereunder and upon your request, upon receiving from you a letter certifying the amount by which this Irrevocable Letter of Credit No. 622 -S is to be reduced, and the amount that will be available hereunder after such reduction. This Irrevocable Letter of Credit No. 622 -S expires on October 5, 1987, in the United States of America. We here by undertake that your drafts when drawn under the terms and conditions of this Irrevocable Letter of Credit will be duly honored by us upon presentation. Plaase ensure that all drafts bear a reference to our Irrevocable Letter 6f Credit No. 622 -S Respectfully submitted, FIRST NATIONWIDE SAVINGS A Federal Savings and Loan Association By 3 Den - rno J (a ry ne Reed, Assistant - Secreta Oi. Vice President 0w0 sa,n s.w� a .,a 4.. A-W-1 a 00)45 Tw. zn 04:-20) 1sy NATIONWIDE SAVINGS February 11, 1986 City of Rancho Cucamonga 9320 Base Line, Suite C Rancho Cucamonga, California 91701 References Tract Nob110827 -1, oLabore ( and materials CentlemenL At the request and Poor account of Mortgage Company, Irrevocablo Letter of Credit No. 630 -5 in the amount of FOUR HUNDRED FORTY-NINE THOUSAND AITD NO /100 DOLLARS - 9449,000,00. This Irrevocable drafts drawn First Nationwide Savingslandg sight accompanied by your letter certifying that the City of Rancho Cucamonga is entitled under its re final with Network Said Mortgage Company, certiffc Rancho shalamongaitolsondrawinding on the right of the ti t d The available ucr sec No. 630Swillbreded fromtime tome to the extent of payment of your drafts or upon your written authority drawn hereunder and upon your request, upon receiving from you a letter certifying the amount by which this Irrevocable Letter reduced, an be available hereunder after such reduction. th a amount that will This i1IrCevocableULetterSof Credit No. 630 -3 expires on October We here by undertake that youL drafts when drawn under the terms and conditionLLe fuponsprasentation.LsPlease ensuret that Irrevocable be duly honored by all drafts bear a reference to our Irrevocable Letter of Credit No. 630 -3 Respectfully submitted, FIRST NATIONWIDE SAVINGS A Federal Savings and Loan Association By Nn aarno Sr. vice president e -nee Aeed, ssistant Sf.cretary G!]0 S SwME, pppe.uQLN1,",k CA Po 45 TeS T2 C'2.0 fm N 1ST NATIONWIDE SAVINGS February 11, 1986 City of Rancho Cucamonga 9320 Base Line, Suite C Rancho Cucamonga, California 91701 References Irrevocable Lettet of Cred' v•. 623 -S Tract Ile. 10827 -1, Site G T Gentlemen: At the request and for the account of 1st Nationwide Network Mortgage Company, we hereby establish in your favor our Irrevocable Letter of Credit No. 623 -3 in the amount of TWO HUNDRED EIGHTY THOUSAND NO /100 DOLLARS - $280,000,00. This Irrevocable Letter of Credit is available against your sight drafts drawn on First Nationwide Savings and accompanied by your letter certifying that the City of Rancho Cucamonga is entitled under its agreement with 1st Nationwide Network Mortgage Company, relating to Tract No. 10827 -1. Said certification shall be final and binding on the right of the City of Rancho Cucamonga to so draw. The amount available t.Tder this Irrevocable Letter of Credit No. 623 -5 will be reduced from time to time to th. extent of payment of your drafts or upon your written authority drawn hereunder and upon your request, upon receiving from you a letter certifying the amount by which this Irrevocable Letter of Credit No. 623 -S is to be reduced, and the amount that will be available hereunder after such reduction. This Irrevocable Letter of Credit No. 623 -S expires on October 5, 1987, in the United States of America. We here by undertake that your drafts when drawn under the terms and conditions of this Irrevocable Letter of Credit will be duly honored by us upon presentation. Please ensure that all drafts bear a reference to our Irrevocable Letter of Credit No. 623 -5 Respectfully submitted, FIRST NATIONWIDE SAVINGS A Federal Savings and Loan Association Bp � ��...�r- Den Sarpo, Sr. ic7 —e President a ne Reed, Assistant ecretarp 67 oeao sou s.w� s.a....a tm Asps• a oao.s r.� a3 at -moo RESOLUTION 110. erg 34 - 4a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 10827 -1 WHEREAS, the Tentative Map of Tract No. 10827 -1, consisting of 56 lots, submitted by First Nationwide Network Mortgage Company, Subdivider, located between Hermosa Avenue and Haven Avenue, south of Wilson Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided to the Subdivision Map Act of the State of Califo ^nia, and in compliance with the requirements of Ordinance No. 08 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Map offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreement be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and thr Final Map delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 19th day of February, 1986. AYES: NOES: ABSENT: Jon D. Mikels, Mayor (.9 — CITY OF RANCHO CUCAMONGA STAFF :REPORT DATE: February 19, 1986 TO: City Council and City Manager FROM. Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician SUBJECT: Approval of Maps, Improvement Agreements and Improvement Securities for Tracts 12726 and 12727 located south of 19th Street and west of Beryl submitted by A -M Company, a California Limited Partnership. Tracts 12726 and 12727 were approved by the Planning Commission on September 12, 1984, for the division of Tract 12726, 4.28 acres into 33 lots and Tract 12727, 2.6 acres into 21 lots in the Low Medium Development District located south of 19th Street and west of Beryl. The Developer, A-M Company, a California Limited Partnership, is submitting an agreement and security to guarantee the construction of the off -site improvements in the following amounts: Tract 12726 Tract 12727 Faithful Performance Bond: £68,255 £39,696 Labor and Material Bond: £34,127 £19,848 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C.dR.s have also been approved by the City Attorney. RECOMhTND4TI0N It is recommended that the City Council adopt the attached resolution approving for Tracts 12726 and 12727, accepting said agreement and security and authorizing the Mayor and City Clerk to sign said agreement and to cause sai.t map to record. LBH: as Attachments 69 CITY OF RANCHO CUCANOAGA IMPROVEMENT AGREEMENT FOR TRACT NO. 12726 KNOt ALL MEN BY THESE PRESENTS: That this ayreement Is made and entw-ad Into. In conformance with the prowls of the Subdiv l Stan Mt; Act of the State of California, and of the applicable Ordinances of the City of Rancho Cucamonga, Californlae a municipal corporation, by Inc between said City, hereinafter referred to as the Lity, and -� 1.. out. ulu.e nnr•a la. Or a•wlr. Nwr,e a fmY, 1 <„ 4.,n1 bnwr NCH lna tr referred 0 as the 1eveveloper WITNESSETH: THAT, WHEREAS, said Developer desires to develop certain rent property In sold City a shown on the conditionally approved subdivision known as Tract No 12726; and WHEREAS, said City ha established certain requirements to be not by said Developer as prerequisite to approval of said subdivision generally located between Star Creek A..ve and Saddle Dact Place MOW, TNF BEFORE, it is hereby agreed by said City and by said Developer as follows: 1 The Developer hereby agrees to construct at Developer's e.pnnse all lmprov 0sent% dascrlbed on Page 6 here. of within twelrw months from the affective date hereof. 2. This agreement shall be effective on the date of the resolution of the Council of said City approving this agreene at. This agreement shall be in default on the day follow. Irg the first anniversary date of said approval unless an eaten. slon of time has been granted by said City as hereinafter provide ed 1. The Developer may request In extension of time to complete the terms hereof. Such request shall be Submitted to the City In writing not less than SO days before the expiration date hereof, and shall contain a statement of circumstances necessitating the extension of time Tic City shall have the right to review the provisions of this agreement. Including the construction standards, cast estimate, and Improve security, and to require adjustments therein if any substantial ent change has occurred during the term hereof. N. If the Developer falls or neglects to <omaly with the provisions of this agreement, the City shall to we the right At Any time to cause sold provisions t0 be sit by any lawful meant, and tnereupon recover from the Developer and /or his surety the full cost and expense incurred. S. The Developer shall provide metered water service to each tat of said development In accordance with the regulitlo;s, schedules, and leas of the Cucamonga County Water District 6. The Developer shill be responsible for replacement, relocat'al. or removal Of any component Of any Irrigation water System to conflict with Construction of required improvements to the satisfaction of the City Engineer and the owner of such water system. .I- fir— 7n 7. improvements required to be constructed shall conform to 'he Standard Drawings and Standard Specifications of the C1tyll and to the Improvement Plan approved by and on file In the offlce of the City Engineer. Said Improvements are tabulated on the Construction and Bond Estimate, hereby incorporated on page 6 hereof, as taken from the Improvement slang listed thereon by numbsr The Developer shall also be responslb le for construc- tion of any transitions or other Incidental work beyond the tract boundaries as needed for safety and proper surface drainage Errors or *emissions discovered during cenftructim shall be corrected upon the direction of the City Engineer Revised work due to said plan modifications shall De covered by the pro. felons of this agreement and secured by the surety covering the original Planned works. 6. Construction permits shall be obtained by the Developer from the offl.a of the City Engineer prior to start of work; all regulations listed thereon Shall be observed, with attention given to safety procedures. control of dust. no ISO, or other nuisance to the area, and to proper notification of public utilities and City Departments failure to comply with this section Shall be subject to the penalties provided therefor 9. The Developer shall be responsible for removal of all loose rocks and other debris from public rights.cf -way within or adjoining said development resulting from work relative to said development. 10. York done within existing streets -hall be diligently pursued to completion; the City shall have the right to complete any and ail work in the event of unjusti /led delay In completion, and to recover All cost and expense Incurred from the Denloper and /or his contractor by any lawful means 11 Said Developer shall at all times following dedlca. tlon of the streets and alsenents in said subldtrision, up to the completion and accePtenca of said work or improvement by Said City Council, give good and adequate warning to the traveling public of each and every dangerous condition existent In said street or easement, and will protect the traveling public from such defective or dangerous conditions Until the completion of ell Improvements, herein Incorporated on Page 6 , to be performed, each of situ streets not accepted as 1mProrements shall be under the charge of said Developer. Said Developer say close all or a portion of any street subject to the condition. contained In a temporary street closure permit. Iss+ed by the .ety Engineer, whenever It Is necessary to protect the Public luring the construction of the imprevemantf herein agreed to be rade 12 Parkway trees required to be planted shall be planted by the Developer efter other Improvement work, grading and cleanup has been completed. Planting shall be done as provided by Ordinance in accordance with the planting diagram approved by the CItY C9"unitY Development Director The Developer shall be responsible for maintairing all bees Planted In good health until the end of the qq maintenance period, or for one year after planting, wh lcuaremed hever te ed later. is 11 The Developer Is responsible for meeting all condi. dons established by the City pursuant to the Subdivision Nap Act, C.ty Ordlances* and this agreement for the development. and for the maintenance of all Imprd.emIAta constructed thereunder -2. 71 until the Improvement is accepted for maintenance by the City, and no Improvement security provided herelnwlth shall bs released before such acceptance unless otherwise provided and authorized by the Clty Council of the City. le This agreement Shall not terminate until the maintenance guarantee security hereinafter described has been released by the City, or until a new agreement together with the required Improvement security has been subtitled to the City by a successor to the herein named, and by resolution of the City Council same has been accepted, and this agreement and the Improvement security therefor has been released 15. The improvement security to be furnished by the Des eloper with this agreement shall consist of the following and shall be in a form acceptable by the City Attorney: A. To secure 'afthful performance of this agreement 1 A bond or bonds by one or more duly authorized corporate sureties In the form and content specified by Government Code Section 66159 1. 2. An Improvement Security Instrument in the form and content specified by the City Attorney. 3 A deposit with the City of money or negotiable bonds of the kind approved for securing deposits of public manias. 6 To secure laborers and matertalmeni 1 A bond or bonds by ono or more duly authorized corporate sureties In the form and content specified by Government Code Section 66499.1. 2 An Improvement Security Instrument to the form and content Specified by the City Attorney. 3 A deposit with City of money or negotiable bonds of the kind approved for securing C A Cash deposit with the City to guarantee payment by the Developer to the engineer or surveyor whose certificate appears upon the final Nap for the totting of nt boundary, lot tamer, and :treat canter 1ne ■onumants and for furnishing centerline tie notes to the City. The count of the deposit may be any amount certtfled by the engineer or IUrveYOr as acceptable payment 1n full; or, if no value is Submitted, the cash Land shall be as shown on the Construction and Bond Estimate contained herein Said cash dep0 aft may be refunded as soon as proce- dure permits after receipt by the City of the centerline tie notes and written assurance of Payment In full from the engineer or surveyor 0 The required bonds and the principal amounts thereof are set forth on page 6 of this agreement 16. The Developer warrants that the Improvements described In this agreement shall be free from defects in materials and workmanship. Any and all Portions of the improve- ments found to be defective within one (1) year following the data on which the improvements are accepted by th Cfty shall ba repaired or replaced by Developer free of all charges to the City. The Developer shall furnish a maintenance guarantee security In a sue equal to ten percent (10%) of the Construction estimate or 5200.00 whichever Is greater, to 'a the faithful Perfnraance of Oeve{optr-s abligatgone as de I to this para- jrsph. The maintenance guarantee security also secure the althful performance by the Developer of a„ fgation or the .3 � Ala. Developer to co specified work with respect to any parkway maintenance assessment district. Once the Improvements have been accepted and a ssintensnce guarantee security has been accepted by the City, the other improverent security Jescribed in this agreement may be released provided that such release Is otherwise authorized by the Subdivision hap Act and any applicable City Ordinance 17. That the Developer shall take out and maintain such public liability and property damage Insurance as• shall protect his and any contractor or subcontractor performing work coreeed by this agreement frog claims for property damages which may Arlie because of the nature of the work or from operations under this agreement, whether such operations be by himself or by any contractor or subcontractor, or anyone directly or Indirectly employed by said persons, even though such damages be not caused by the negligence of the Developer or any contractor or subcontractor or anyone employed b/ said persons. The public liab IIIty and property damage Insurance shall list the City as addltonal insured and directly protect the City, its officers, agents and employaes, as well as the Developer, his contractors and his subcontractors, and alt Insurance policies Issued hereunder shall to state. The m,n isun amoun;5 of such insurance shall be as fellows: A. Contractor -s liability Insurance prorldlny bodily Injury or death liabl llty limits of not less the $100,000 for each person and $1,000.000 for *act accident or occurrence, and property damage habit- Ity limits of not less than $100.000 for each acci. dent or occurrence with an aggregate tiwit of 5250.000 for claims which may ar Ise from the opera- Lions of the Developer In the performance of the work herein provided B. Automobile liability Insurance covering all vehicles used In the performance of this agreement providing bodily injury liability limits of not lass than $200,000 for each person and $100,000 for each accldett or occurrence, and property Odmage liability limits of not less than $50,000 for each accident or occurrence, with in aggregate of not less than $100,000 which may crise from the opera. tions Of the Down lopor or his Contracto- In performing the work provided for herein. 18. That before the execution of this agreenan'., the Developer shall file with the City a certificate To certt:tcstes of Insurance coverinj the specified insurance i4ch such certificate shall Hr an endorsement precludlny the cancallatlont, or reduct.on In coverage of any policy or i dances by such certificate, before the expiration of thirty (30) days after the City shall have received notification by registered mail from the insurance carrier. As evidence of understanding the provisions contained herein, and Of intent to comply with cane, the Subdivider has submitted the following described Improvement security, and has Affixed his signature hereto: �� 73 FAITHFUL PERFORMANCE Type: Principal Amount: $68,255 00 Name and address of surety: OEy1+.0PEP3 1h5uALWE COMyaNY 333 Yllenive. Armre:y. Ca 92601 MATERIAL AND LABOR PAYMENT Type: Principal Amount: $34.127 00 Name and address of surety: pE,=pm ihiUPA1r.; Cn M 333 W11sh re. arohale, Ca 92801 CASH DEPOSIT MONUMENTATION Type: Principal Amount: $2,850.00 Name and address of surety: MAINTENANCE GUARANTEE Type: P- dnaipal Aacunt: Name and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the Parties hereto have caused these Presents to be duly erecuted and acknowledged with all formalities required by law signature$ on the tes set forth apposite their slgurts ern, .03,{ ,:. u.na wn,..wp• ar A•..lr. � a Date /y,+7Y S:� pwrni nn.., by ' Developer � atu ra err .:w w.r:ent Printed Data by Developer yna errs rna ACCC,tedt City of Rancho Cucamonga, Cal lfornL A Municipal Corporation °y0 Mayor Attest: City Clerk Approrad: DEVELOPER'S SIGNATURE MUST RE NOTARISED ,7 Y .S. ENCRO%AwtMl P .M. EPAIT.FEE SCIIEDOLE Improvement: _ TRACT M. 1r33h NOTE: pots not Nncludd current tee fcr writing perel't or pavtaent deposlta _QUANTITY UNIT ITEM PRICE Avn L.F. P.C.0 curb - 12• C.F 24• gutter 7 25 1 led L.F. P.C.0 Curb . 0• C.F 24• gutter 6.00 m L.F. P, C.0 Curb en. 550 rn, L.F. A.0 bare . 4.50 S.F. 4• P,C [ sidewalk 1.75 _ TT67 S. F. 90 S.F. Del'- appro.ch 0' P.C.C. 2 50 LL tgt 'A' C r cross gutter (Inc. curb) Street e5canhon Lao 7 50 v -t C.r Irtorted Mbankment 1.50 to n7N $,i Prep:rattoa el subarage 0.15 - !2,g],S_ 5.F Crushed Ogg. base ,per Inch th1Ck) 0.07 A�•-4n 3; . TON A.C. (over 1300 tons) 27 OC TON A.0 (900 to 1700 tons) 35.00 TON A C 1500 to n.00 tons) 4S DO TON A.0 under $00 tons) 60.00 -� 3D.92 SJ A.0 ;Y thick) 0.55 TMIFT -' _ S.F Patch A,C (trench) 1.75 SJ 1' thick A.0 Overlay 0.30 EA. AOjuSL sewer tannole to grade 250.00 EA. Adjust sneer clean out to grade 150.00 EA. Adjust water calve: to grade 75,00 ' �! EA. Street I,gh.F 1000.00 TrN+r- �� L.F eir"Cad's ("Ters2t. $500 min) 1.00 L.F 2 A 4• rec.cad nawder 1 15 700- S.F L.F 11"OvAl of A.r pavement Re naval of P.C.0 0.35 _>5 - __ L.F 2 Curb aCT01al of A.0 berm 3.30 1.00 EA. EA Street signs 200.00 Z T- Re /lectori and posts 35.00 L.F Concrete block wall 25.00 S.F Retalnvg we 1 10.00 TOT Ag7rk9ate bast 7 M C.r Concrete st•uctures 425.,0 __ L.F 18' RCP (700D 0) 27,00 L.F 24' RCP ISM 0) 75.00 __ L.F 35• 2000 0) 49.00 _� L.F ARC? 68• RCP 6 00 __ EA, Catch OaSiA W - a• 2000,00 EA. Catch bane w . 6• 2900.00 __ EA. EA. Catch basin w . 22 6500.00 Local depression a .00.00 _ -I_ EA. Local lepressbn 12 1000.00 CA, junction structure $000.00 1.000 EA. Outlet structure, Std 1506 1500,00 ��- EA. Outlet structure, Std 2507 500,03 EA. Guard posts 40.00 - L F Guard panel (MCOd) 25.00 L.F EA. sawcut 2.00 - VUOaall (48' rm9) 4000.00 L.F Redwood h;ader 1 75 S.F laOdSaap'n 6 Irrlgatlor 1.75 L.i Roll curb 1P.C.C.) 7 9 - -90 C.F. 1123' R.C.8 65.00 _ 7,650 ENGINEERING INSPECTION hE 'RESTORATION/Oft 13.145.48 Sj0 TOTAL INC, TION CASH LcOO.00 CONTIxfENtr Anhsp DM�SIT (REFOkOAP• -E) [0575 FAITxFOI PERFIWIMCE NOIAAU:rAt10N SUA :fr (CASH) BOND (100:) _ 2,850.00 LABOR AND MFTERIAL BCNU (501) 6A Z;S V.127 ,Purr. •• an City of Rancho C uaonga Municipal Code, Title I, L,apter 1.0e, adootfrg St. FAITHFUL PERFORMANCE Typo: Principal Amount: S39,696.00 Marne and address of Surety: DEVELCFEAS It AVXE COMPANY 333 Wllehlre, Anehela, fa 92801 MATERIAL AND LABOR PAYMENT Type: Principal Amount: $19,868.00 Name and address of surety: [C =pERS IMURANCE CCMPANT 333 Y1!ahlra, anahelm, Ca 9:801 CASH DEPOSIT RONUMENTATION TTpet Principal Amount: $2,300.00 Name and address of surety: MAINTENANCE GUARANTEE Type: Principal Amount: Same and address of surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN WITNESS HEREOF, the "'till hereto have caused theta Presents to be duly a,,c,t,d and acknowledged with all formalltles required by I" on the data, at forth opposite their signatures e+wr, • aa:5. a !hl =2W er. b A.arl•. asa a ./ / + +. m.r•tla•, at• owns n.o.. Date AA iS by f • ,Developer nature It, •Ir. aww ta+i Printed- Date _ by Signature —.Developer Printed Accepted: City of Ra Calif a" : ncho Cucamonga. A Municipal Corporation By: Mayor Attest: y er Approved: DEVELOPER'S SIGNATURE MUST BE NOTARIZED -S- 71. L" CITY Of RAYCNO OXAMORGA EAOINEERW DIVISION EHCROACNYENT PERMIT FEE SCHEDULE For I"favacent: TRACT W. 12727 Date: e.a et depute y: Peter > n FIIe Rel trance: 4.7 Clty Drawing o. 9s3 ROTE: Does rot Include current in for Writing permit or paveemnt deposits QUANTITY U41T ITEM PRICE ANDUNT L.F P.C.C. Cure - 12' C.F 24' Titter 7.25 n L.F. P.C.C. cure - 8- C.F 24• gutter 6,ro L., P.C.C. curb only 5.50 L.F A.C. berm 4.50 S.F. a- P.C.C. tideralk 1.75 S.F Drive approach 2. SO jpT- �� -�7" S.F 8• P.C.C. cross gutter (Inc. cure) 7.10 � 2 t 914 C.r Street excavation 1.50 C.T Incorted etbankxent 1.50 800 S.F Preparation of sul lade 0.15 ts am S.F. Crushed age, ease per inch thick) 0.07ToSb- TON A.C. over 1700 tons) 27.00 704 A.C. 900 to 13DO tons) 75.00 TON A.L. 500 t0 900 tons) 13- 45.00 TON A.C. under SDO tons) 60.00 13.1100 S.F A.C. thick) O.SS -7.77 - S.F Patch A.0 (trench) 1.75 n7 S.F 1• thick A.C. overlay 0.30 --7n- EA. Adjust sewn marl•ole to grade 250.00 EA. Adjust serer clean out to grade 1S0.00 EA. Adjust rater noes to grade 75.00 fA. Street lights 1000.00 4.000 L.F. barricades Elntersee SSro min) 1.00 L.f 2 x a• redmoos header 1.75 S.F Removal of A C. P4,Mflt 0. IS la 171 L., Rcaval of P.C.C. curb 3.30 56i L.F Removal of A.C. beat 1.00 �- EA. Street slgns 200.00 LA. Ref Iactars and posts 35.00 L.F Concrete Block Wall 25.00 -- - S.F Retainlrg rail 20.E0 TON Aggregate ease 7,00 C.Y. concrete structures 425.00 L.F 18' PCP (2900 0I 29.00 �- _� L.F 21• R[p DI 35.00 L.F 36' RCP 2000 D) 49.00 = L.F (((1500 as- RCP 1200 0 76.00 -- EA. Cato ball, H • a• 2000.0 EA. catch basin M • B. 2900.00 EA. Catch bast, u e 22' 4500.00 EA. Local depression 4. 500,00 -- EA. Local depression 12' 1000.00 EA. A nctlon structure 5000,00 EA. Outlet structure, Std 9506 1500.00 EA. pullet structure, Std 9507 SOO.00 EA. Guard posts 40.00 L.F Guard panel (mad) 25.00 _ L.F Sarcut 2.00 4aa EA. Headrall (ae• -1-9) 4000.00 L.F Redmod header 1.75 S.F Undtcapinpp C irrigation 2.75 LF Nall curb (P.C.C.) 7.50 ERDINEERINS INSPECYI OR FEE .yj aft 37 SUB TOTAL 4.cfe RESTORATION/DELINEATION CASH 3.000.00 CONTINGENCY COSTS s.ve DEPOSIT (REFUNDABLE FAITHFa PERFORMANCE BOND (IOOS) !9.696 PIDIUMENTATION 511917T (CASH) 2.300.00 LIBOR AND .`.ATERIAL BOND (SOS) 19.848 -Pursuant to City of Rancho Naavveaga Municipal Cade, Title 1, Chatter 1.08, adopting San ll pmrdlm County Coda Titles. Chapters 1 -5, a cash nstoration/delinutlon deposit sMil f� r BC awde prlw to Issuance of an Engineering ConttNetipn permit. Mlw RESOLUTION NO.402 —}e-eW f e. -V.S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, AND FINAL MAP OF TRACT NO. 12726 AND 12727 WHEREAS, the Tentative Map of Tract No. 12726 consisting of 33 lots, and Tract 12627, consisting of 21 lots, submitted by A-M Company, a California Limited Partnership, Subdivider, located south of 19th Street and west of Beryl has been submitted to the City of Rancho Cucamonga by said Subdivider .nd approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance No. 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tracts said Subdivider has offered the Improvement Agreement submitted herewith for approval and execution by said City, together with good and sufficient Improvement Security, and submits for approval said Final Maps offering for dedication for public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement Agreements be and the same are approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk is authorized to attest thereto; and 2. That said Improvement Securities are accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That the offers for dedication and the Final Maps delineating same be approved and the City Clerk is authorized to execute the certificate thereon on behalf of said City. PASSED, APPROVED, and ADOPTED this 19th day of February, 1966. AYES: NOES: ABSENT: -2Y Jon V. . s, ayor DATE: TO: FROM: BY: SUBJECT: CITY OF RANCHO CUCAMONGA STAFF REPORT February 19, 1986 Mayor and Members of the City Council Brad Buller, City Planner Dan Coleman, Senior Planner TREE PRESERVATION ORDINANCE AMENDMENT - Proposed amen ments to apter an of the Rancho Cucamonga Municipal Code pertaining to the preservation of trees on private property (Second Reading). I. BACKGROUND: At the meeting of February S. 1986, the City Council gave rst reading or this Item as amended. The amendments Included clarification that tree farms are exempt from the provisions of the Tree Preservation Ordinance, that all heritage tree removals other than Eucalyptus windrows shall rag0re replacement with the largest nursery grown trees available, and that where necessary, Eucalyptus windrows should be replaced with Spotted Gum Eucalyptus unless otnerwise specified by a Specific Plan or Community Plan. In addition, the language is modified In Section 19.08 OSO(B) to require that prior to Issuance of Tree Removal Permit that all discretionary approvals must be obtained from the City. The above described amendments have been Incorporated Into the revised Ordinance included in this packet. Il. RECOMMENDATION: It 1s recommended that City Council give Second ells ad ng to r nances 275 and 276. Res tfully su tied, Brad Buller City Planner 88:OC:ns Attachments: Ordinance No. 275 Ordinance No. 276 79 ORDINANCE 110. a '% 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, !WENDING CHAPTER 17.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY The City CounclI of tie City of Rancho Cucamonga does ordain as follows: SECTION 1: Chapter 17.08, Title 17 of the Rancho Cucamonga Municipal Code is hereby amended by adding Section 17.08.050 E.8 to read as folious: Section 17.08.050 Absolute Policies E. Resource Protection 8. The Project contains trees protected by the Rancho Cucamonga Municipal Code that are worthy of preservation; an application for a tree removal permit and report have been submitted and healthy trees are preserved through proper site planning and grading techniques. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once In The Daily Report, a newspaper of general circulation published in the City ntar o, California, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this • day of *, 19`. AYES: VOES: ABSENT: ATTEST: Jon D. Mikels, Mayor e�y A. Authelet, y er 8a ORDINANCE NO. Ail- 66-68 017 Co AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PERTAINING TO THE PRESERVATION OF TREES ON PRIVATE PROPERTY The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: Chapter 19.08, Title 19 of the Rancho Cucamonga Municipal Code is hereTy repealed. SECTION 2: The Rancho Cucamonga Municipal Code is hereby amended by adding Chapter . 8 thereto to read as attached hereto. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Reoort, a newspaper of general circulation published in the City -' ntario, 'Ira Ifornia, and circulated in the City of Rancho Cucamonga. California. PASSED, APPROVED, and ADOPTED this • day of *, 19 *. AYES: NOES: ABSENT: ATTEST: Beverly A. Authelet,—Crt—y Clerk S/ Jon D. mikels, Mayor CHAPTER 19.08 TREE PRESERVATION Section 19.08.010 Purpose and Intent The eucalyptus, palm, oak, sycamore, pine and other trees growing within the City of Rancho Cucamonga are a natural aesthetic resource which help define the character of the City. Such trees are worthy of protection In order to preserve the scenic beauty, prevent soil erosion, provide shade, wind protection, screening and counteract air pollution. It Is pertinent to the public peace, harmony and welfare that such trees be protected from Indiscriminate cutting or removal, especially where such trees are associated with a proposal for development. It is the Intent of this chapter to establish regulations for the preservation of heritage trees within the City of Rancho Cucamonga on private property In order to retain as many trees as possible consistent with the purpose of this chapter and the reasonable economic enjoyment of said property. In particular, the Eucalyptus windrows are a unique Inheritance whose cumulative value as a windbreak system Is a desirable resource. It Is the Intent of this chapter to perpetuate a windbreak system through protection of selected Blue Gum Eucalyptus windrows and expansion of the system through planting of new Spotted Gum Eucalyptus windrows along the established grid pattern, as development occurs. Section 19.08.020 Applicability The provisions of this chapter shall apply to all heritage trees on all private property within the City of Rancho Cucamonga, except as set forth in Section 19.084.0 of this chapter. Further, WLv chapter is not Intended to supercedo the tree preservation policies of the Etiwonda Specific Plan. Section 19.08.070 Definitions For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used L, this chapter are defined as followss A. "Heritage tree" shall mean any tree, shrub or plant which meets at least one of the following criteriat 1. All Eucalyptus windrows; or 2. All woody plants In excess of fifteen feet in height and having a single trunk circumference of fifteen Inches or more, as measured twenty -four inches from ground level; or 7. Multi -trunk tree(s) having a total circumference of thirty Inches or more, as measured twenty -four Inches from ground lovell or 2 a. 4. A stand of trees the nature of which makes each dependent upon the others for survival; or S. Any other tree as may be deemed historically or culturally significant by the City Planner because of size, condition, location, or aesthetic qualities. E. "Remove" shall Include any act which will cause a heritage tree to die, Including but not %mited to, acts which Inflict damage upon root systems, bark : other parts of tree by fire, application of toxic substances, rgcrallon of equipment or machinery; Improper watering; changing natural grade of land by excavation or filling the drip line area around the trunk; or by attachment of signs or artificial material piercing the bark of the tree by means of nails, spikes or other piercing objects. C. "Drip line" shall mean a line which may be drawn on the ground around a tree directly under Its outermost branch tips and n}hlch Identifies nat location where rain water tends to drip from the tree. D. "Associated with a proposal for development" shall mean any land area for Nhich an application for a specific plan, variance, parcel map, subdivision. development/design review or a time extension thereof, or special or conditional use permit has been filed wh.n and is pending consideration by the City or has been approved but the related project or applicable phase thereof has not been completed. E. "historic landmark" shall mean, for the purposes of this Ordinance, any tree designated as an historic landmark by City Council pursaant to Section 2.24.100. F. "windrow" - A row of trees. usually a variety of Eucalyptus, planted to provide a windbreak to protect property or agricultural crops. Section 19.08.040 Except[ans 11m following shall be exempt from the provisions of this chapten A. Trees which are fruit or nut bearing; D. 'hers planted, grown, and/or held for sale by licensed numerics and/or tree farms or the removal or transplanting of such trees pursuant to the operation of a licensed nursery and/or tree farms; C. 1Yees within existing or proposed public rIOt3 of way where their removal or relocation La necessary to obtain adequate line -of -sight distances as required by the City Engineer, nr his or 'ier designee; D. 71rees which, In the optnin" of the City Engineer, or his or her designee, will came damage to etsrtn; public Improvements; 33 L Trees which require maintenance or removal action toe the protection of existing electrical power or communieation lines or other property of a public utility. Section 19.08.050 Permit Required A. No person, firm or corporation shall remove, relocate or destroy any heritage tree within the City limits, Including an applicant for it building permit, without first obtaining a tree removal permit from the City Planner. B. No tree removal permit shall be Issued for the removal of any heritage tree on any lot associated with a proposal for development, unless all discretionary approvals have been obtained from the City, unless an emergency waiver Is gr.mted pursuant to Section 13.08.080. C. No tree designated as a historic lacomark shall be alterea, removed, relocated or destroyed by any person, firm or corporation without first obtaining a landmark alteration permit and tree removal permit. Section 19.08.060 Permit Application An application for a tree removal permit shall be filed, together with any required fee as set by Resolution of the City Council, with the City Planner on forms provided for the purpose. 'rho City Planner stall require a tree removal permit application together with any application for tel.tative subdivision maps or other prorosals to- urban development. The application shall be submitted with a report which shall contain the :ollowing Information: A. A statL'nent as to reasons (or removal or relocation, B. The number, species, and size (circumference as measured twenty -four Inches from ground level) and height of tree, C. The location of all trees on site on a plot plan in relation to structures and Improvements (e.g., streets, sidowelks, fences, slopes, retaining wells, etc.). If the application Is associated with a proposal for development, the location of all trees on site shall be plotted on a grading plan. D. Photographs of the trees to be removed or relocated. B. If a tree Is proposed to be relocated, the relocation site shall be Identified and site Preparation and relocation methods described, P. Proposed method of removal, 0. The health of any tree -clared diseased, Infested, or dying shall to verified by a written report of a qualified arborist If. In addition, the City Planner may cause is be prepared, at the applicant's expense, a report by a qualified arborist to assist in malting a determination to a tree removal permit application. .V Section 19.08.070 Permit Procedures Tar um rraaT now earT A. Privato rt . Where an application for a Tree Removal Permit is flied on private property and is limited r,) five (5) trees or fifty (50) linear feet of windrow the roMwing procedure is hereby established: 1. Upon receipt of the application, the City Planner or designee shall investigate the site and evaluate the request on the basis of the following criteria: a. The condition of the trees) with respect to disease, danger of collapse of ell or any portion of the trec(s), proximity to an existing structure, or interference with utility services; b. The necessity to remove a troo In order ti construct Improvements which allow economic anjoymeut of the property; C. 'Re number of trees existing in the neighborhood; and the effect the removal would have an the established character Of the area and the property values; d. Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designated as an historic landmark. Ss 2, subsequent to investigation, the City Planner may approve the permit for the removal'of all or some of the trees included in the application, and may attach conditions of compliance as deemed necessary, including but not limited to the replacement of the removed tree(s) with reasonably equivalent replacement trees. Mm City Planner, or his or her designee, may refer any request to the Planning Commission for a determination where It Is determined the application involves unusual site development requirements or unique characteristics, or raises questions of policy substantially more significant then generally pertain and which require Planning Commision consideration. 3. The permit shall be valid for a period of ninety (90) days, unless an extension is requested fourteen (14) days prior to the expiration of file permit. R. Aeociated with a Proposal for Development. Where an application for a Tree Removal Permit aaootetcd w un a proposal for development oe b nn private property and involves greater than five (5) trees or more tin fifth (50) thear feet of windrow, the following procedure is hereby established. 1. Upon receipt of the application, the City Planner or designee shall Investigate the site and evaluate the application on the basis of the following criteria& a. The condition of the tree(s) with respect to disease, danger of collapse of all or any portion of the tree(s), proximity to an existing structure, o& Interference with utility services; b. The necessity to remove a tree In order to construct Improvements which allow economic enjoyment of the property; C. The number of trees existing In the neighborhood; and the effect the removal would have on the established character of the area and the property values; d. Whether or not the removal of the tree(q) Is necessary to construct required improvements within the public street right -of -way or within a need control or utility right -of -way; o. Whether or not the tree could be preserved by pruning and proper maintenance or relocation rather than removal; f. Whether or not such tree(s) constitute a significant natural resource of the City; and g. Whether or not such trees are required to be preserved by any specific plan, community plan, condition of approval, or designation as historic landmark. 74 2. The City Planner shall give priority to the Inspection of those requests based upon hazardous conditions. 0. IY hfe�mhreue is he PIannin Commissionoradetermltion we t determined application involves unusual site development requirements or unique characteristics, or raises questions which require Planning Commissionacons consideration. 6. s proposal folredevel development Tree Removal Permit Is he City Planner shall complete with his Investigation and make a report to the Planning Commission. The public Planning aring commission here required,,coccurrently with the development application. in making his determination, the City Planner stall give consideration to the Commission's review and comment. S. Permit Notification. At least ten (10) days prior to making a ec s on, the C ty lanner or designee shall provide for public comment through notice to the property owners adjoining the subject property that such tree removal permit was requested and the results of the Investigation. The public hearing notification required by Section 17.02.110 shall Include a description of the tree removal permit reque:.t. 0. Commission shall approve, conditionally approve or deny Planning application to remove or relocate any heritage tree(s). The City Planner or Planning Commission may impose conditions deemed necessary to implement the provisions of this article, including, but not limited to, replacement of the removed or cut down tree or trees with tree(s) of species and quantity commensurate with the aesthetic relocation to other site on thep operty,nprovided that tree tke environmental conditions of said new location are favorable to the survival Of the tree, and accomplished by qualified landscape architec or qualified arborlstt. C. Msterle t.mdmark Trees. Where the trees in question are designated as a historic landmark, a request for a Tree Removal Permit shall be subject to review by the Preservation Historic procedure Pursuant to Section 24.20. landmark The action alteration othe Historic Prervation Com Commission shall mission. The following treesare be forwarded to the design ted as hi toric landmarkst 4? Victoria Avenue. 21 palm and 62 Eucalyptus street trees facing Lots 11, 15 and 16, Block H; Tract 5SS4, Block H; and Lots I and 2, Block J, Ettwanda Colony Lands (Designated 3 /4/81 by Ordinance No. 138). YFIgh_land Avenue. 41 palm and 291 Eucalyptus street trees facing Lots 13 -16, Block-77 and Lots 1-4, Block 11, Etiwanda Colcny Lends (Designated 4/1/81 by Ordinance No. 141). D. Appeal Procedure. Any person aggrieved by the denial or approval of a tree removal permit shall be afforded recourse of appeal In the manner described below. The filing of an appeal shall automatically suspend the permit issued until action thereon is taken by the appropriate authority. In hearing such an appeal, the appeal body (P.enn(ng Commission or City Council) may affirm, affirm In part, or reverse the previous determination on the tree removal permit. 1. Admintstrative Decision. Appeals based on decisions by the City Planner may be le ty an aggrieved party with the Planning Commission. Except as otherwise provided In this title, such appeal is to be filed with the secretary of tho Planning Commission In writing, together with any appeal fee, within ton (10) calendar days of the ductslve action. The Planning Commission may confider the matter and may affirm or reverse wholly or partly, the action which Is in question. 2. Plann[nX Commission Decision. Appeal of a Planning Commission decision may be made by filing a written notice of appeal with the City Clerk, together with any appeal fee, within ten (10) calendar days following the Planning Commislon's decision. The City Council will consider the matter and may affirm or reverse wholly or partly, the action which Is in question. E. Approval Period. Tree removal permits shall be ofrective following the ten 10 day appeal period and shall be valid for a period of ninety (90) days, subject to exte=Ion. Where the tree removal permit is a3soclated with a proposal for development, the ninety (90) days shall start from the date of final map recordation or building permit, whichever comes first. Sectlon 19.08.080 Ememency Waiver Where a tree Is determined by the City Planner or designee to be In a dangerous condition requiring emergency action to preserve the public health, safety and welfare, the permit requirement may be waived. In the event of an emergency caused by a hazardous or dangerous tree, which condition poses an immediate threat to person or property, any member of the Foothill Fire Protection District may authorize the destruction or removal of such tree without securing a permit therefor. 79 Section 19.08.090 Use of Explosives All persons engaged In felling or removing trees, and desirous of using explosives for this purpose within the City limits, shall first obtain approvals to use such explosives from the Euildmg Division and the Foothill f fro Protection District which ap; roval shalt be noted on the Tree Removal Pcrmit prior to Issuance of same by the City Planner or Planning Commission. In addition, the applicant shall furnish such bond or ssurance as shall be deemed necessary for the protection of surrounding property from any possible damage which might result from such activity. Section 19.08.100 '[Yee Replacement Policy A. Where existing Eucalyptus windrows are to be removed, they shall be replaced with Eucalyptus Naculata (Spotted Cum) along the established grld pattern In 15 gallon size minimum spaced at 8 feet on center and properly stalled, unless otherwise tpecificd by a Specific Plan or Community Plan. B. All other heritage tree removal shall require replacoment with the largest nursery grown tree(s) available as determined by the City Planner or Planning Commission. Heritage tree relocation to another location on the site Is the preferred alternative to replacement subject to a written report by a landscape architect or arborist on the feasibiilty of transplanting the tree. C. The City Planner or Planning Commission shall condition L ^co removal permit for replacement of tree(s) within a specific time period and in accordance with the replacement policy established herein. D. To assist the City Planner or Planning Commission In making a determination, the applicant for a tree removal permit may be required to submit an Independent appraisal prepared by an horticulturist, arborist, or licensed landscape architect to determine the replacement value of the tree(s) to be removed. Such appraisal shall be brsed upon the most recent edition of the "Guide for Establishing Values of Trees and Other Plants ", prepared by the Council of Tree Landscape Appraisers. Section 19.08.110 Protection of Existing Trees Caro shall be exercised by all Individuals, developers and contractors working Ilear preserved trees so that no damage occurs to said trees. All construrtlon shall preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace those removed In accordance with the following measures: A. All trees to be saved shall be enclosed by an approprleto construction barrier, such as chain link fence or other means acceptable to the City Planner, prior to the issuance of any grading or building permit and prior to commencement of work. Fences are to remaln In place during all phases of construction and may not be removed without the written consent of the City Planner until construction Is conplete; and 29 B. No substantial disruption or removal of the structural or abst eptive roots of a;,y tree shall be performed; and C. No fill material shall be placed within three (3) felt from the outer trunk circumference of any tree; and D. No fill materials shall be placed within the drip lino of any tree In excess of eighteen (18) Inches In depth. This Is a guideline and is subject to modlficatlot, to meet the needs of individual tree species as determined by an arbortst or landscape architect; and E. No substantial compaction of the soil within the drip line of any tree shall be undertaken; and F. No construction, Including structures and walls, that disrupts the root system shall be permitted. As a guideline, no rutting of roots should occur witldn a distance equal to 3 1/2 times the trunk diameter, as measured at ground level. Actua'. setback may vary tG meet the needs of individual tree species as detFrmtned by an arborlt cr landscape architect. Where some root removal is necessary, the tree crown may require thinning to prevent wind damage; and G. Eucalyptus windrows to be preserved slmll have adequate provL•tons for deep watering and limit surface watering within fifteen :15) feet of trunk; and N. The City Planner may impose such additional measures determined necessary to preserve and protect the health of trees to remain, relocated trees, and new trees planted to replace thosa removed. NO CONSTRUCTION WITHIN ORY LINE OR WRHW O' OF TRWK• WHIC4EVER �9 GREATER PROVIDE Tthf CRARY FENCANO AT ORF LANE DUAM CONUTRUCTION KEEP EGUIMEM Our OF DRIP MAE 90 Section 19.08.120 Theo Maintenance A. The maintenance of rees standing upon private or homeowner owned property shall be the responsibility of the owner or owners of these properties. B. Builders s1aE be required to prune, treat, and maintain existing trees and plant new ones in such a fashion that when the trees become City, assoclatt, a, or private property the trees will be free of various damuge, pests, diseases, and dead branches. The trees shall be in good biological and aesthetic condition upon acceptance. C. To Insure adequate and uniform maintenance, Eucalyptus windrows should be maintained In a manner that preserves the aesthetics and history of the Eucalyptus windrows, as described In Section 19.08.120D. D. Pruning prior to transfer of mature Eucalyptus windrows to be City, assoclat!ons or private owners must be done by builders as follows: 1. leaves, debris, dead branches and suckers accumulated along the base of the windrow shall be removed perlodloally, or as may be necessary for reasons of public health and safety. 2. Dead or decaying branches shall be removed, trunks stripped, and tree structure trimmed at least every four years or as may be necessary for reasons of public health and safety as well as aesthetics. 2. Trees should be trimmed to preserve their natural structure. 4. Remove unsightly or poorly crotched limbs and heavily leaning branches. 5. All cuts are to be made Rush and/or In line with proper arboricultural practices. 6. Dead, diseased, or dying trees shall be removed as may be necessary, and shall be replaced with 15 gallon Eucalyptus Maculata. E. Young Eucalyptus windrow trees shall be maintained, fertilized, and Irrigated as may be necesary to sustain them In healthy condition. Dead trees shall be replaced with same species of appropriate rdzej replacement trees need not exceed 15 gallon size. Section 19.08.120 Penalty Violation of any section of this Article shaft constitute a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not to exceed six (6) months, or both such fine and Imprisonment. Each tree removed in violation of this Article shall constitute a sepmate offense. M , . .. O6 ORDINANCE NO. 284 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 85 -03 AMENDING TITLE 17, REVISIONS/IIODIFICITIONS SECTION 17.020.070B AND 17.020.070C, AND NEW APPLICATIONS FOLLOWING. DENIAL OF SECTIONS 17.040.030X, 17.060.OIDG AND 17.060.0200 OF THE MUNICIPAL CODE. The City Counoil of the City of Rancho Cucamonga, California, does ordain as followsc SECTION 1s Section 1T.02.070B - Revisions/Modifications is hereby amended to read as followsl B. Major Revisions - Commission. Revisions or modifinations to site plans, gradlag plans, landscape plena, or architectural plans which are not considered minor as described in the previous section, shall be considered a major revision. Also, any request for a change in conditions of approval shall be considered a mayor revision. Major revisions shall be processed through the same approval procedure and authority wnich granted the original approval. The applicant requesting such revisions shall be required to supply my necessary plans, as deemed appropriate by the City Planner, and pay necessary fees to cover the review procedure. The decision of the ai.,,roval authority shall be final unless appealed in accordance with Section 17.02.080. Following the denial of a Major Revisions Application, no application for the sama or substantially the same revision shall be filed within one year from the date of denial. SECTION 2, Station 17.020.070C - RevialonsModiflcations is hereby added to mad—asollowsl C. Reconsideration of Revision/Modification. No application for a revision or modification shall be accepted for filing within one year from the date of any approval if the final decision making body rejected the substance of the proposed revision or modification in the process of granting that approval. SECTION 31 Section 17.040.30 - Conditional Use Permit is hereby amended to read as followss X. New Applications Following Denial or Revocation. Following the denial or revocation of a Conditional Use Permit application, no application for a Conditional Use Permit for the same or aubsteatlally the same use of the same on substantially the same site Shall be filed within one year from the date of denial or revocation. FM SEC1_ON 41 Section 17.060.0100 and Section 17.060.0200 are hereby amended as f0 owst Section 17.060.010 0. New A lioations Following Denial Following the denial of a Deve opmen Review appiieazzoa, an application for the same or substantially the same use on the name or substantially the same site ah. : be filed within ;no year from the date of denial. Section 17.060.020 G. New Applications Following Denial. Following tht Senial of a Minor Development Review application, no application for the same or substantially the same use on the .amt or substantially the same site shall be filed within one year from the date of denial. SECTION 41 The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Oa ariCallforaia, and circulated in the City of Rancho Cucamonga, California. PASSED, APPROVED, and ADOPTED this 5 day of 5, 195. AYESt NOESi ABSENTt ATTESTt Beverly A. Authelet, City Cler M Jon D. MSkels, Mayor CITY OF RANCHO CUCAPQONGA STAFF REPORT DATE: February 19, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: STORM ORAIN FEE ORDINANCE AMENDMENT CU—CA AtoICY c I r it Im The Council will consieer at this meeting the adoption of the revised Drainage Plan Ordinance and the establishment of fees by resolution. As discussed at first reading of the Ordinance, the fee amount has been changed to reflect the exclusion of public rights of way. The adjustment made for this revision was 20%. To verify this amount, Staff has calculated several examples for Council consideration. These examples are itemized below and areas are shown on the attached maps. In all cases, the areas of public use exc•ed the 20%. Of particular note is the industrial area between Fourth and Seventh Street east of the Devore Freeway. This area excluding consideration of future street dedications is 75 %. Edison corridors, the Freeway and Day Creek all have significant impacts on this calculation. It should be noted that with the exclusior of the Industrial Assxsment District and the Planned Communities, the only areas remaining in the fee program are infill areas and Etiwanda areas. These areas are p- imarlly residential in character. DRAINAGE FEE PARCEL AREA ANALYSIS GROSS NET PARCEL PARCEL PARCEL AREA AREA AREA % —srPfEi-b> TYRUTT-Mr APN 208 -52 659,000 s.f. 148,150 s.f. 510,850 s.f 22% 208 -53 648,350 s.f. 158,100 s.f. 490,250 s.f. 24% 208 -70 900,000 s.f. 242,230 s.f. 657,770 s f. 27% TT 12801 1,409,960 s.f. 381,410 s.f. 1,028,550 s.f. 27% Sample 21,725,000 s.f. 5,533,400 s.f. 16,191,600 s.f. 25% Industrial 4th to 7th, I -15 to Etiwanda Ave. �ctfult sub itte Nk /l' /Nj/ a At a ent 9Y 71 0 n ua� oroa � ..T_ allaarru e3q ` 0 z - K Ga co m m vs v_i N M 9 N 4i 5 ti ,e 0 K i0 R K n a � u s Z� 133tla5 NOAU1 N v ! K a � K On a K ON PC C7 • � a « e . K Oi• a O at .j a a O' 1! n ©: A M d O S ° G w ss 9s- 1 � 1 s Ez7 -R 4ai Y tJ C Q O 49 0 A ; 1 P1 %2.aftL(D 08 _14 t3Aats NaAaLL Q M © 01 O i S it vn({ O. p$ 0 P�� U � c� 7. Yx. O ,V or e a O a r 0 e 0 8� 0 U tc �8n , O t k OL I e • H zl i c. O U � c� 7. Yx. O ,V or e a O a H O 0 O 2 tc 0 K , O t k OL I e i U � c� 7. Yx. O 0 a i M�'vt3rl A a 0 f{ V J0 • � 3 0 vimO © p [ 7 • o { Oc nlr 9r. 11 8 r S n H O n aC R:OK 0 e � 133N1S 4 0• a K ) fs 29 J a °O 0 a i M�'vt3rl A a 0 f{ V J0 • � 3 0 vimO © p [ 7 • o { Oc nlr 9r. 11 8 r S I ^O C6 J R Z. U n 0QQ E. d. n U \ oo� !7 r N ODm �D Of n O Z ; O H SI cr I e 3AIF3 V-- p f. A p 0 ooU pro n� c QmN n � llllll. rw, . Z c' In' ! H 16 a,.l 1J!I.Fr�t L,•� l o a m 7 l�+Mf w, I: 98 P{ I 1 .fill . f l,i2r�1411. IIIII 1 a lill�i� lilii y t i i tlri �+I P c��aid I r f — 1 1 ! y y �l� 11►� ! 11;,1It 1 l l 1 F 1i!tt F���1$ E tiiii l IP, tlifi fill,' Im! n. It j tL�y Pb'•s • � r' m i , 7 atr. i! M1 4 8 fllY N + � m ra.rtr^ .rw • t''J y Q yet y! ❑Y :tl�f Ia {o 99 c n N A 0 I al a� Ada d or vfw J�� N 3nNJAY a I 9 N P 1 1 O I 1• 1 1 y d 1 � I , y' to a to i jY 1 c ^i ca r. �... m i , 7 atr. i! M1 4 8 fllY N + � m ra.rtr^ .rw • t''J y Q yet y! ❑Y :tl�f Ia {o 99 c n N A 0 I al a� Ada d or vfw J�� 9 P m i , 7 atr. i! M1 4 8 fllY N + � m ra.rtr^ .rw • t''J y Q yet y! ❑Y :tl�f Ia {o 99 c n N A 0 I al a� Ada d or vfw J�� CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: February 5, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer SUBJECT: STORM DRAIN FEE ORDINANCE AMENDMENT O L�IG.IlplC'. y' P1 > Z 1977 I The attached ordinance revises the Municipal Code sections dealing with the Storm Drain Master Plan and the collection of storm drain fees. The proposed revisions are highlighted in the ordinance and deal with the following areas: ESTABLISHMENT OF FEE DISTRI:TS The proposed ordinance recognizes seven distinct drainage situations involving the following areas: 1. Victoria Planned Comaunity 2. Terra Vista Planned Community. 3. Caryn Planned Community. 4. Etiwanda Area A (Etiwanda Drainage Plan - area tributary to Victoria Basins). S. Etiwanda Area B (Etiwanda Drainage Plan - areas draining to Etiwanda Creek south of Victoria Basins). 6. Assessment District areas (AD 84 -2 Alta Loma, AD 82 -1 Industrial Area). 7. General City Area. division The Assessment Districts, eacodifies ithe previously adopted aEtiwanda D ainage Plan and Policies and segregates the Planned Communities as distinct in character and design standards. Each Planned Community (PC) has introduced unique design elements which resulted in increased costs to the Master Plan facilities. In order to avoid General City subsidies to the PCs, they are being designated separately and required to install their own systems in -lieu of fee payments. FEE PAYMENTS The proposed ordinance makes several changes in regards to •.he application and calculation of fees. /00 CITY COUNCIL STAFF REPORT Storm Drain Fee Ordinance Amendment February 5, 1986 Page 2 1. Allows the modification of fees by Council resolution rather than through ordinance change. 2. Requires payment of fees in Etiwanda prior to recordation of maps to the case of subdivisions - codifies previously adopted Etiwanda Area policies. 3. Changes fee calculation from a gross to a net area basis. Feas are currently collected including street rights -of -way fronting the affected parcels. This procedure has proven difficult for the Building & Safety Division to administer and they have requested that the fee be based only on the lot area being built on. Because approximately 20 percent of theCity area is dedicated for streets, this change will increase the nominal fee by 20 percent. The net affect on any parcel will likely be negligible because of street area reductions. RECONSTRUCTION CLARIFICATION The proposed ordinance adds language to limit the exception for reconstructions to a 2 -year period. In order to be exempt from fees, a structure destroyed by fire, vandalism, wind, earthquake or other rratural or manmade disaster must be reconstructed within two years. REIMBURSEMENT TO PLANNED CQ%"UNITY The proposed ordinance includes provisions which allows the City to be reimbursed for drain construction which benefits area outside of tha PC. Reimbursements would be subject to separate agreement and cost proportioned in relationship to tributary drainage areas. FEE RESOLUTION Concurrent with second reading of the proposed ordnance, it is required that Council adopt a resolution establishing fees. Attached 1s the fee resolution establishing the following fees: General City 55,000.00 per acre Etiwanda Areas A & B S7,500.00 per acre RECD MENDATION It is recommended that Council set a date for second reading and proceed to adoptiun of the ordinance. Res ectfull su „fitted, f / L At chments /o/ a Sections: 13.08 010 13.08.020 13.08.030 13.08.040 13.08 050 13.08.000 13.08.070 13.08.080 13.08.010 -- 13.08.030 Chapter 13.08 STOPM DRAINAGE PLAN Intent. and purpose. Drainage plan and local area. Fcas-- Payment. Pees -- Amount. Fees -- Deposit and ut.lization. Exceptions. Single drainage fee payment. Construction by developer -- Reimbursement. 13.08.010 Intent and purpose The city is seriously affected by surface and storm waters and the continual sub- division and development of property within the city has Placed a serious demand on existing facilities which handle surface and atom waters. In order to plan and develop drain- age facilities for the removal of surface and storm waters and to provide an equitable manner for the apportionment of the cost of the development of such facilities, the city council determines that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of facilities described in the drainage plan. (Ord. 75 -B 51(part), 1983: Ord. 75 S1, 1979). 13.08.020 Drainage plan and local area. The compre- hensive storm drain plans numbers 1 and 2, the index there- to and the appropriate plan sheets for the area lying within the city limits of Rancho Cucamonga, together with con- struction costs and other relacad material, which comprehen- sive storm drain plans were prepared by the San Bernardino County Flood Control District, and all revisions or amend- ments subsequently adopted by the city council by resolution, are found and declared to be the drainage plan for the city. For the purposes of this chapter, planned drainage facilities means drainage contained within the drainage plan The city council finds that drainage problems are approximately of equal magnitude in all areas of the city, and declare that for the purposes of this chapter, all areau of the city shall constitute one local drainage area. (Ord. 75 -B sl (part), 1903: Ord. 75 S2, 1979). 13.08.030 Fees-- Pavmant A. As a cond.tion of ap- proval of a tentative map, reel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a building permit, the city shall require the payment of /O.1 159 (Rancho Cucamonga 5/83) 13 08.040 a fee as provided in this chapter for the purposes of do- trayinq the actual or estimated cost of constructing ?lanned drainage facilities for the removal of surface and storm waters from the local drainage area. The city council finds that development of property within the local drainage area will require construction of the facilrtrer described in the drarnago plan, and the Pees are fairly apportioned on the basis of benefits conferred on the property in the local drainage area and on the need for such facilities created by the pro- posed division or development of property in the local drain- age area The city cotncil further finds that the fee as to any property does not exceed the pro rata share of the amount Of the total actual or estimated cost of all facilities pur- suant to the drainage plan which would be assessable on any parcel of property if such costs were apportioned on a per acre basis. a. Fees required to be paid by this chapter bhall be paid at the time of issuance of a building permit. (Ord. 75 -B yl(part), 19831 Ord. 75 33, 1979) ,r 13,08.040 Fees -- Amount A.i-ihe fee required to be paid by this chapter rs forty dollars and `fifty cents per one one - hundredth of an acre oii fraction thereof fee shall Ebeobtsed onhthe1arearof ithe entire oarcelewithe , Y��r: �•,.• respect to which the building permit is issued.- C. If the parcel with respect to Which the building .-r w� Permit is issued is larger than one acre, the fee shall be based on: 1. The area of the developed portion of the parcel. J(, As used in this chapter, the phrase •are,. of developed per- , Clon of the Farcol• means the area of that portion of the ,r'i rrr) /r•J parcel lying within a single ructangle which encloses all r 1 improvements, landscaped areas, storage oreas, I�ru areas, required a.cess and required setback ltnesrk ing 2. Notwithstanding the provisions o° subdivision 1 of this subsection, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was developed prior to the effective date of the ordi- nance codified in this chapter, and which remains unchanged: provided, however, that this exception shall not apply once the total area of additions to structures, or new structures, constructed after the effective date of the ordinance codi- fied in this chapter, excaeds fifty percent of the area of the structures on the parcel which existed on the effective date of the ordinance codified in this chanter D The amount of the fee and the area for which the fee shall be considered paid shell be dotermined by the building official. (Ord 75 -B el(part), 1983: Ord. 75 -A 51, 1980: Ord 75 54, 1979) (Rancho Cucamonga 5/83) 160 /DS 13.08.050 -- 13.08.080 13.08.050 pees -- Deposit and utilization. The fee re- quired to be paid by this chapter shall be deposited in a planned drainage facilities fund and snall be expended solely for the construction or reimbursement for the con- struction of drainage facilities pursuant to the drainage plan or to reimburse the city for the costs of engineering, planning and administrative services to establish, design and construct the plan and facilities up to twenty -five per- cent Initial funds collected may be utilized for specific planning and engineering studies as designated by revolution or the city council. (Ord. 75 -B 51(part), 1983: Ord. 75 55, 1979). 13 08.060 Exceptions. Drainage fees shall not be re- quired as a condition of the issuance of a building permit for, A Alteratsonsi B. Reconstructions •`•'•�'"� 'r i,% •� .. rr,�.r,.,!!i .+ in,: ? h, C An addition to a single - tamily residence when the f,l....iir, ~' addition does not exceed six hundred fifty c•lvare feet in oh, ,. areas HA4.%-f j Construction of garages, carports, storage build- d.•..ite., ings, patio covers, swimming pools, r.,e similar structures, accessory to a single - family residence (Ord. 75 -B 51(part), 1983: Ord 7S 56, 1979). 13 OB 070 Sin le drainage fee avment. No portion of a parcel sna 1 be subject to payment of a drainage fee more than once If a drainage fee `is been previously paid with respect to a parcel, or portio:, thereof, credit shall be given f -.r such prior payment, and a proper apportionment shall be made toward any fee payment required by this chapter (Ord. 75 -8 51(part), 1983: Ord. 75 57, 1979). 13.08.080 Construction by developer. -- Reimbursement. Wherever the constructs, i of planned dra _Wage facilities is necessary for the proper drainage of a subdivision, the city may require the subdivider to construct such facilities with credit beinq given by the city toward any fee payment required by this chapter If the cost of such construction exceeds the fee which would otherwise be payable with respect to the subdivision, the city council will ante% into a reimburse- ment agreement with the developer. In the event a reimburse- ment ag.a..=ant is entered into, reimbursement shall be made only after the fee required by this chapter is collected in connection with a subdivision or developmsnt on other proper- ty in the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual cost of con- struction of the planned drainage facilities Thi term of a reimbursement agreement shall be as specified in the agree- ment (Ord 75 -B 51(part), 1983: Ord 75 58, 1979) 161 (Rancho Cucamonga 5/83) /D Y ORDINANCE NO. 286 All ORDINANCE OF SHE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 13.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO STORM DRAINAGE PLANS The City Council of the City of Rancho Cucamonga does ordain as follws: SECTION l: Chapter 13.08 of the Rancho Cucamonga Municipal Code is hereby amended to read, in words and figures, as follows: 'Chapter —!1M "STORM DRAINAGE PLAN nNectinae: "13.08.010 Intent and purpose. "13.08.020 Drainage plan and local areas. "13.08.030 Pees -- Payment. "13.08.040 Pees -- Amount. "13.08.050 Pees -- Deposit and utilisation. "13.08.060 Exceptions. "13.08.070 Single drainage fee payment. "13.08.080 Construction by developer-- Refmburcement. "13.08.010 Ins n[ and , The City is seriously affected by surface and storm waters and the continual subdivision and development of property within the City has placed a serious demand Om existing facilities which handle surface and storm waters. In order to plan and develop drainage facilities for the removal of surface and storm waters and to provide an equitable "most fo. the apportionment of the cost of the development of such facilities, the City Council determines that a drainage plan must be adopted and a drainage fee established to provide funds to be used for the construction of facilities described in the drainage plan. "13.08.020 Drama... alen and local areas. The Comprehensive Storm Drain Plan Number 2 prepared by the San Bernardino County Flood Control District, Muter Plan Revision Number 1 prepared by L.D. Ring Engineering, the Master Plan of Drainage Facilities for the Terra Vista Planned Community, the Etiwands Area Drainage Plan, the Victoria Planned Community Drainage Plan and the Caryn Planned Community Drainage Plan, together with construction costs and otbur related material and all revisions or smeudacats subsequently adopted by the City Council by resolution, are found and declared to be the drainage plan for the City. for the purpose of this Chapter, planned drainage facilities means facilities contained within the respective drainage plans and subsequent revisions. The City Council finds that drainage and land use configurations are significantly different within the Terra Vista, Caryn and Victoria Planned Communities, the boundaries of the Etivanda Specific Plan, and the boundaries of the Industrial Area Assessment District (AD82 -I) and Alta Lone Assessment District (AD84 -2). All other drainage problems are to r approximately of equal magnitude in all other areas of the City. For the purposes of this Chapter 13.086 the City •hall be comprised of the following local drainage &resat "1. The Victoria Planned Community Area; "2. The Terra Vista Planned Community Area; "3. The Carya Planned Community Area; "4. Etivanda Arse A (designated in the Etivanda Area Drainage Plan as Areas 1, 2, 3 and 6); "5. Etivanda Area E (designated in the Etivauda Area Drainage Plan as Areas 4, S, 7 and 8); "6. The Assessment District Areas (comprised of the IoduatrLsl Area Assessment District (AD82 -1) and the Alta Loma Assesoxent District (ANS -2); and "7. The Ceoeral City Area (comprised of all remainiO3 arose of •.e City not otbervise included in the above local drainage areas). - 13 Q8, lP Peea —POx=. "A. As condition of approval of a tentative map, a parcel map, the waiver of a parcel map, director reviews, site approval, location and development plan, conditional use permit, or the issuance of a builfing permit, the City shall require the payment of a fee as provided in this Chtpt "r for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and *term waters from the local drainage areas. The City Council tied& that development of property within the local drainage area will require construction of the facilit.es described in the drainage plan, and the fees are fairly apportioned on the basis of benefits conferred on the property in the local drainage areas and an the need for such facilities created by the proposed division or development of property in the local drainage area. The City Council further finds that the fee as to any property does Dot exceed the pro rata share of the amunt or the total actual or estimated cost of all facilities pursuant to the drainage plans which would be assessable an any parcel of property if such costs vere apportioned on a per acre basis. "B. The fees required to be paid within the Etivanda Area A and Etivanda Are. 3 local drainage areas shall be paid prior to the approval of any final or parcel map. All other fees required to be pr.id by this chapter shall be paid at the time of the issuance of a building permit. X06 "17.08.060 Pens — Amount. "A. Ea f q,jr#A to be id b3t tht h pt h 1L6w c h. zreol,tion of the CIL, Cou. Jl. "B. Bo fees shall be charged within the VLctoria, Carya and Terra Vista Planned Community Areas or the Assessment District Areas. All planned local drainage facilities within the Assessment District Areas have been completely constructed* eovevers in lieu of store: drain fee collections, facilities within the Victoria, Caryn and Terra Vista Planned Communities shall be constructed with development, at the Developer's "Pause. The City Engineer shall, in the exercise of his discretion, determine which facilities are to be constructed with a partic.lar development as a condition of such development. "C. Except as otherwise provided in this Chapter, the fee shall be based on the net of the area of th wetirw n r 1 . aftpr f th area of all publir rights of way, v4th rso.et to -hi h the huildingyermi[ is issued. "D. if the parcel with respect to which the building permit is issued is larger tboo one acre, the Ias shall be based on: "I. The area of the developed portiun of the parcel. As used in this chapter, the phrase 'area of developed portion of the parcel' means the area of that portion of the parcel lyicT within a single rectangle which enclose all improvements, landscaped areas, storage areas, parking areas, required access and required setback lines. "T. 8otvitbstanding the provisions of subdivision I of this subsection D, the fee shall not be based upon that portion of the area of the developed portion of the parcel which was lavfulif developed prior to the effective date of the original ordinance codified in this Chapter, and which remains unchanged; provided, bwever, that this exception shall not apply once the total area of additions to structures, or am structure@i constructed after the effective date of the ordinance codified in this Chapter, exceeds fifty percent of the area of the structures on the parcel vhi..0 existed on the effective date of the ordinance codified in thin Chapter. "E. When fees are collected upon the issuance of a building permit, the amount of the fee ,ad the area for which the fee shall be considered paid shall be determined by the Building Official. Vhan fees are collected prior to the recordation of a noel or parcel map, the amount of the fee and the area for which the fee shall be considered paid shall be determined by the City Engineer. "13.08.050 ,tjj4,.,tjOn. The fee required to be paid by this Chapter @ball be deposited in a planned drainage facilities fund and shall be expended solely for the construction or reimbursement for the construction of drainage facilities pursuant to the drainage plan or to reimburse the City for the costs of engineering. phoning and administrative /07 services to establish, design and construct the plan and facilities up to twenty -fiv. percent of the cost of construction. A separate planned drainage facilities fee fund shall be established for each local drainage area with the exception of the Victoria. Caryn and Terra Vista Planned community Areas, and the Assessment District Areas. Initial funds collected my be utilized for specific planning and engineering studies as designated by resolution of the City Council. "13.08.060 Preeationm. Drainage fees shall not be required as a condition of Oa issuance of a building permit for; -A. Alterations; "R. Reconstructiont where neraita are taeued within two veers of the destruction of the original structure duo to fire, vandalism. wind, aertbquaitas or other natural of manosdo disasters; -C. An addition to a single - family residence when the addition does not exceed six hundred fifty square feet in area; -D. Construction of garages, carports, storage buildings, patio covers, swimming pools, and similar structures, accessory to a single - family residence. e13.OR.070 QiRgle demingg re eeRal"nt. No portion of a parcel shall be subject to payment of a drainage fee more than once. If a drainage fee has been previously paid with respect to a parcel, or portion thereof, credit shall be given for such prior payment, and a proper apportionment shall be made, toward any fee payment required by this Chapter. s11.08.OR0 Construction by devet ones Reimbursement. -A. Whenever the coustruccion of planned drainage facilities is necessary for the proper drainage of a subdivision, the City may require the subdivider to construct such facilities with credit being given by the City toward any fee payment required by this Chapter. If the cost of such constructing exceeds the fee which would otherwise be payable with respect to the subdivision, the City Council will enter into a reimbursement agreement with the developer. In the "eat a reimbursement agreement is entered into, reimbursement shall be made only after the fee required by this chapter is collected in connection with a subdivision or development on other property in the area encompassed by the reimbursement boundaries described in the reimbursement agreement. The basis of reimbursement shall be the developer's actual coat of construction of the planned drainage facilities. The term of a reimbursement agreement shall be as specified in the agreement. 16 8 "B. Drains constructed in conjunction with the Victoria, Caryo and Terra Vista Planned cornnities *ball be eligible for reimbursements from areas outside of such Planned Communities. The reimbursement amount @ball be in porportion to the tributary drainage served by the constructed drain as determined by the City Engineer. Where tributary drainage originates outride of the City boundaries, reimbursements are subject to agreement with the Jurisdiction from which the runoff originates." SECTION 2: The 14gor shall sign this Ordinance and the City Clerk aball cause the same to be published within fifteen (15) days after its passage at least coca in The Dafty Retort. a newspaper of general circulation published in the City of Ontario. California, and circulated in the City of gaucho Cucamonga, California. PASSED, APPROVEr. and ADOPTED this day of 19 AYES: NOES: ABSLDTt Jon D. Mikels. Mayor ATTEST: Beverly A. Autbrlet, City Clurk I, BEVERLY A. AOTHELET, CITY CLERK of the City of Rancho Cucamonga. California, do hereby certify that the foregoing Ordinanca was introduced at a regular meeting of the Council of the City of Rancho Cucamonga bald on the 5th day of February. JP86, and vas finally passed at a regular meeting of the City Council of the City of Rancho Cucamonga bald on the * day of *, 19* *. Executed this * day of *, 19** at Rancho Cucamonga, California. Beverly A. Authelet, City Clark /0i RESOLUTION NO. 86 -34 A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ESTABLISHING AND ADOPTING A PER SCHEDULE PERTAINING TO THE CONSTRUCTION OF PLANNED DRAINAGE FACILITIES WITHIN THE CITY OF RANCHO CUCAHWGA A. Recitals. (1) Chapter 13.08 of the Rancho Cucamonga Aunicipal Coda contains those provisions pertainiog to the establishment of the drainage plan for the City and the desigoation of seven local drainage areas. (ii) Pursuant to Section 13.08.030, as a condition of development approval the City shall require the payment of a fee for the purposes of defraying the actual or estimated cost of constructing planned drainage facilities for the removal of surface and •term w -ters from the local drainage area. (iii) Pursuant to the terms of Crction 13.08.040. the fees required to be paid by said Chapter 13.08 shall as set by a resolution of the City Council. (iv) It is the desire of this Council to implement the fees related to those local drainage areas not otherwise exempted under the terms of Chapter 13.08. (v) All legal prerequisites prior to the adoption of this Resolutic% have occurred. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Rancho Cucamonga as folloval 1. In all respect@ as set forth in the Recitals, Part A, of this Resolution. 2. For the purpose of establishing fees for the purpose of defraying the actual or estimated cost of constructing plan drainaga facilities for tho removal of surf son and storm raters from those local drainage areas as established in Chapter 13.08 of the Rancho Cucamoaga Municipal Coda. this Council hereby adopts the fee schedule as follcvat a. Victoria Planned Community Area $0 b. Terra Vista Planned Community Area $0 c. The Caryn Planned Community Area $0 //O d. Btivand• Area A $79500 per met acre e. Btivanda Area B $7,500 per net acre E. Assessment District Areas $0 g. The Ceneral City Area $5.000 per net acre Resolution. 3. The City Clark shall certify to the adoption of this PASSED, APPRWED, and ADOPTED this day of , 19 AYBSt MOPS: ABSENT: Jon D. Mikels, Mayor ATTEST: Beverly A. Authclet, City Clerk I, BEYBRLY A. AOTHELET, CITY CLBBM of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, California, at a regular (special, adjourned) meeting of said City Council held on the • day of *, 19". Rzecuted thin * day of *. 19" at Rancho Cucamonga, California. Beverly A. Authalet, City Clark CITY OF RANCHO CUCAIIIONGA STAFF REPORT DATE: February 19, 1986 TO: City Council and City Manager FROM: Lloyd B. Hubbs, City Engineer BY: Barbara Krall, Engineering Technician SUBJECT: ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 2 TO STREET LIGHTING MAINTENANCE DISTRICT N0. 4 AND ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT N0. 4 (TERRA VISTA PLANNED C"UNITY) FOR TRACTS 12590, 12670, -1 THRU -4 AND 12319, -1 THRU -8 Attached for City Council approval is a resolution ordering the work in connection with Annexation No. 2 to Street Lighting Maintenance District No. 4 and Annexation No. 2 Landscape Maintenance District No. 4 for Tracts 12590, 12670, -1 thru -4 and 12319, -1 thru -8 located to the Terra. Vista Planned Community. Lewis Homes, developer of tract has been notified of the public hearing by mail. The attached resolution also approves the Engineers Report which was tentatively approved by Resolution Nos. 86 -20 and 86 -22. RE JMNENDATION It is recommended that City Council Street dLight ngresolution Maintenance District No. 4 and Annexation No. 2 to Landscape Maintenance District No. 4 and approving the Engineers Reports. 56M Attachments RESOLUTION NO. }l- 8 � ` YLI A RESOLUTION OF THE CITY COUNCIL OF TiE LITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION Wi'H ANNEXATION NO. 2 TO LANDSCAPE MAINTENANCE DISTRICT NO. 4 AND ACCEPTING THE FINAL ENGINEER'S REPORT FO'i TRACT NOS. 12590, 12670, -1 THRU -4 AND 12319, -1 THRU -I WHEREAS, the City Council of the City of hancho Cucamonga did on the 5th day of February, 198c, adoot its Resolui.'an of Intention No. 86 -23 to order the therein described work in connection with Annexation No. 2 to Landscape Maintenance District No. 1, which Restitution of Intention No. 86 -23 was duly and legally published in the time, form and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file to the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said resolution of Intention, headed "Notice of Improvement ", was duly and legally posted In the time, form, manner, location, and number as required by law, as appears from the Affidavit of Posting said notices, on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements described in said Resolution of Intention No. 86 -23 according to the names and addresses of such owners as the same appears on the last mailing or as known to the City Clerk of the City of Rancho Cucamonga, which said copies were duly wiled in the time, form, and manner as required by law, as appears from the Affidavit of Mailing on file in the office of the City Clerk; and WHEREAS, said City Council having duly received considered evidence, oral and documentary, concerning the ,Jurisdiction facts in this proceeding and concerning the necessity for the contemplated wnrk and the benefits to be derived there` -on and said City Council having now acquired ,Jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cuca- -mnga that the public Interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No 86 -23 be done and made; and SECTION 2: Be it further resolved that the report filed by the Engineer s sere y finally approved; and SECTION 3: Be it further resolved that the assessments and method of assessment n t e ngineer's Report are hereby approved. SECTION 4: Be it finally resolved that said assessments shall not begin unt a er 0 percent of said tracts have been occupied. 1 CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 2 to LANDSCAPE MAINTENANCE DISTRICT NO. 4 Terra Vista Planned Community Tract 12590, Tract 12672, Tract 12319, Tracts 12319 -1, -2, -3, -4, -5, -6, -7, -8, Tract 12670, Tracts 12670 -1, -2, -3, -4, and street plantings SECTION 1. Authority for Peoort This repnrt is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1982) SECTION 2. General Description Landscape Maintenance District No. 4 fthe *District") maintains street plantings, parks, trails, and similar areas throughout the Terra Vista Planned Community. All residentia' developments in Terra Vista are to be annexed to the District pursuant to Ordinance No. 190; areas to be maintained ihich lie outside residential develolvents are also to be annexed for maintenance purposes. This Annexation No. 2 annexes to the District the following areas: 0 Tract No. 12672 (128 multifamily dwellings) 0 Tract Nos 12590, 12319, 12319 -1, 12319 -2, 12319 -3, 12319 -4, 12319 -5, 12319 -6, 12319 -7, 12319 -8, 12670, 12670 -1, 12670 -2, 12670 -3, and 12670 -4 (total 458 single family dwellings) o Median planting in Base Line Road from future Milliken Avenue westward 2,077 feet o Median planting in Terro Vista Parkway from Church Street to Milliken Avenue 0 Median planting in Haven Avenue from Valtncie Avenue northward 380 feet u ktedian planting in Church Street from Haven Avenue to Terra Vista Parkway All landscaped areas to be maintained in the annexed tracts are shown on the tract maps for by separate instrument) as roadway right -of -way, dedica- tions, or easements to be granted to the City of Rancho Cucamonga. // I/ SECTION 3. Plans and Specifications The plans and specifications for the landscaping within residential tracts have been prepared by the developer and have been approved as part of tae Improvement plans for those tracts. Thr plans and specifications are in conformance with the Planning Commission conditions of approval. Plans and specifications for landscaped areas outsiae residential tracts have been separately prepared by the developer. Reference is hereby made to the subject tract maps and the assessment dlaorams for the exact location of the landscaped areas. The plans and specifications by reference are hereby made a part of this report to the same extent as if said plans and specifications were attached hereto. SECTION 4. Estimated Costs No costs will be Incurred for construction. All Improvements will be constructed by developers. Based on historical data, contract analysis, and developed work standards, it is estimated that maint -nance costs for assess- ment purposes will be as set forth below. These costs are estimated only; actual assessments will be based on actual cost data. // S i The estimated annual maintenance cost for Annexation No. 2 is as follows: Trails d Street2 Parkways Greenways Medians' Trees Tracts 12319, 12319 -1, -2, -3, -4, -5, -6, -7, and -8 Tracts 12670, 12670 -1, -2, -3, and -4 Tract 12590 Tract 12672 Base Line Road medfan3 Terra Vista Parkway medfan3 Church Street median3 Total areas (square feet) Unit cost (annuall Totals TOTAL ANNUAL COST 34,901 19,635 8,945 503 31,503 7,238 16,917 0 8,505 0 0 0 0 0 0 0 91m 21.873 35e per 35d per sq. ft. sq. ft. S32.139.10 $7.655.55 $50,660.05 '01 255 1,894 49 875 0 10,964 0 12,617 0 7,040 0 45 536 807 He P ?r 55 per sq. ft. tree 56,R30.40 S4,035 'Medians in perimeter major arterials adjoining property awned by others are shown at half actual area. 2Local street trees only. 3Medians adjacent to property not currently annexed to Landscape Maintenance District No 4. 3- //6 The estimated total annual maintenance cost. and estimated annual assess- ments, for the District after Annexation No. 2 are as follows: initial District an•i Annexation Annexation New total No. 1 _ No. 2 for District Total estimated annual maintenance cost S 98,010 SSC,660.05 $148,670.05 Assessment units: 1 Per single family dwelling unit 425 458 883 0.5 per multifamily dwelling unit 64 621111 1� 275 Assessment Rate: Total Cost ♦ Assessment Units • Assessment per Assessment Unit $154.10 $128.34 Assessment shalt apply to each r:sidentlal dwelling as enumerated in Section 6 at the attached Assessment Diagram. SECTION 5. Assessment Diagram A copy of the proposed assessment diagram is attached to this report. By this reference the diagram is hereby incorporated within the text of this report. SECTION 6. Assessment Mainteaance costs for the entire District are found to be of specific benefit to all developed residential property within the Oistrlct in accor- deice with the follo4ing relationship: Land Use Assessment Units —97e family residential dwelling Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year. SECTION 7. Order of Events 1. City Council adopts resolution instituting iroceedings. 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. 3. City Council adopts Resolution of Intention ti' Annex to District and sets public hearing oaten. 4 - //7 4. City Council conducts ;ublic hearing, considers all testimony and deter- mines to annex to the District or abandon the proceedings. S. Every year in May, the City Engineer files a report with the City Council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and epproves the individual assessments. 917LM -6- i/9 a 4 S ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12590 y CITY OF RANCHO CUCA,%,IOiNGA a•6.;;3c:�a�.c � ENGINEERING DIVISION � T VICINITY NAP 11 \`ll //9 nae. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12672 e ,• CITY OF RANCHO CUCAMONGA w ENGINEERING DIVISION 6i 6 i> VICINITY AIAP �^ Pe4P �Ro ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 / TRACT 12319 CITY OF RANCHO Ci:CANION'GA p ENGINEERING DIVISION �T VICINITY AIAP /,P/ ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 9All 4Nl v TRACT 12318 -1 3r �i � t IL lb-1 ,t CITY OF RANCHO CUC4iAI0NGA afA1 I; ENGINEERING DIVISION N n� VICINITY NIAP nacr /2;. ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 12319 -2 s� BASE unc- •_on —u -• s M it , 10' OI'O. O I � — r - -- . c� rat }; e HH Z_ i w nt��f . �J• W,• 1. L � O ,'Y s i0'O 'Oa .�. t i3. 11 - l: CITY OF RANCHO CUCAMONCA A title' ENGINEERING DIVISION VICINITY MAP nnee /1s ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEX,4T10N N0. 2 TRACT 12319 -3 BASE LINE ,��•^ (� ROAD Zm n L �[ � Ar _ V `�yp•�t,a is w ` t O CITt OF RANCHO CI.CA \(Oi \GA A A > ENGINEERING DIVISION .� T VICINITY A1. \P V •^ /.X,/ naE ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXATION NO. 2 TRACT 12319 -4 CITY OF RANCHO CUCA,%QOlNGA ENGINEERING DIVISION VICINITY NIAP /.IX na¢r �J ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEXATION N0. 2 TRACT 12318 -5 CITY OF RANCHO CUCANIOKGA E8!— s=ic � ENGINEERING DIVISION VICINITY AIAP nac� /.14 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 .r...'•�r ann�dR CITY OF RANCHO CUCA`IONGA w ENGINEERING DIVISION 6 1> VICINITY ,,AP N /,27 ll{1r, paQr i ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT N0. 4 ANNEXATION NO. 2 TRACT 12319 -7 '••�j ��O {T ry 1iVy'w � - .I �Fs�;° „ ••,r• ,{+r�i, to jt;� �QAIyt �O J ! w a � ^•rl. / V` •i /. �•or r.... Aw j- !� Ov a-�• '-'sitn�_�EY���y� l F1 ' Vw titlr., CITY OF RANCHO CUCAMONGA p ENGINEERING DIVISION A T '.. 5 �> VICINITY INIAP lv /2 ! s w� ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12319 -8 tY OF RANCHO CUCA,%IONGA A ENGINEERING DIVISION w T VICINITY MAP 1`� !29 ti[ puQo oqc-uf—qti. tC.l %) .> nn ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 TY OF RANCHO CUCANIONGA i ENGINEERING DIVISION N VICINITY MAP /.'.° nice ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 -1 CITY OF RANCHO CUCAJIONGA c ^ ENGINEERING DIVISION VICINITY DIAP N 131 pnRe ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNEXAT,ON NO. 2 TRACT 12670 -2 c v titlr.; SsS'y� CITY OF RANCHO CUCAr`IONGA — ENGINEERING DIVISION VICINITY AIAP N — I�n /3.2 i11Z� ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO 4 ANNFUTION NO. 2 TRACT 12670 -3 CITY OF RANCHO CUCAMONGA title; A LIP cENGINEERING DIVISION VICINITY AtAP N n�c„ 133 ASSESSMENT DIAGRAM LANDSCAPE MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12670 -4 PY OF RANCHO CUCANIOiNGA ENGINEERING DIVISION ' T VICINITY INAP Il��ll /7,1 vne L II z in A a z n x O A C O a 3 O z 9 a 9 X o fN I g I 0 x W 1�r F Ow g I\ N W V � z W= W F .n g; a3� 1Daa ,L 3Vi�AV N3)fTRY J ` �� H >y _J ma y 0 y li a y 0: H N p x H 3 ,0 1 0 i o , Y s �x j 6 N M O a O O LIJ N� 8 7 � IL o w Y T � y � � O N1 cl O O W 8 z h z U.W r —� —i RESOLUTION NO. Er� 8(p - y$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA ORDERING THE WORK IN CONNECTION WITH ANNEXATION NO. 2 TO STREET LIGHTING MAINTERPJICE DISTRICT NO. 4 AND A:CEPTING THE FINAL ENGINEER'S REPORT FOR TRACE ws. 12590, 12670, -1 THRU -4, AND 12319, -1 THPU -8 WHEREAS, the City Council of the City of Rancho Cucamonga did on the 5th day of February, 1986, adopt its Resolution of Intention No. 86 -19 to order the therein described work in connection with Annexation No 2 to Street Lighting Maintenance District No. 1, which Resolution of Intention No. 86 -19 was duly and legally published in the time, fore and manner as required by law, shown by the Affidavit of Publication of said Resolution of Intention on file in the office of the City Clerk; and WHEREAS, after the adoption thereof, notice of the passage of said Resolution of Intention, headed "Notice of Improvement°, was duly and legally posted in the time, form, manner, location, and number as required by law, appears from the Affidavit of Posting said notices, on file in the office of the City Clerk, and WHEREAS, afte- the adoption thereof, notices of the adoption of the Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the improvements lescribed in said Resolution of Intention No. 86 -19 according to the names and addresses of such owners as the same appears on the last mail ig or as known to ti.e City Clerk of the City of Rancho Cucamonga, which said copies were duly mailed in the time, form, and manner as required by law, as appears from the Affidavit of Mailing an file in the office of the City Clerk; and WHEREAS, said City Council having duly received consiCered evidence, oral and documentary, concerning the jurisdiction facts in this proceeding and concerning the necessity for the contemplated work and the benefits to be derived therefrom and said City Council having now acquired jurisdiction to order the proposed work. SECTION 1: It is hereby resolved by the City Council of the City of Rancho Cucamonga that the public interest and convenience requires the annexation to the District and the ordering of the work, and said City Council hereby orders that the work, as set forth and described in said Resolution of Intention No. 86 -19 he done and made; and SECTION 2: The Report filed by the Engineer is hereby finally approved; an SECTION 3: The assessments and method of assessment in the Engineer's eiF poTre hereby approved. SECTION 4: The assessments shall not begin until after 60 percent of said trot —fs1ra-vie been occupied. /37 CITY OF RANCHO CUCAMONGA Engineer's Report for ANNEXATION NO. 7 to STREET LIGHTING MAINTENANCE DISTRICT NO. 4 Terra Vista Planned Community Tract 12590, Tract 12672, Tract 12319, Tracts 12319 -1, -2, -3, -4, -5, -6, -7, -8, Tract 12670, Tracts 12670 -1, -2, -3, -4, and street right -of -way SECTION 1. Authority for Report This report is prepared in compliance with the requirements of Article 4, Chapter 1, Division 15 of the Streets and Highways Code, State of California (Landscaping and Lighting Act of 1982). SECTION 2. General Description Street Lighting Maintenance District No. 4 (the 'District-) provides for operation, servicing, and maintenance of street lights on total and collector streets and secondary arterials (except Church Street) in the Terra Vista Planned Community All residential developments in Terra Vista are to be annexed to the District pursuant to Ordinance No. 190; areas to be maintained which lie outside residential developments are also to be annexed for mainte- nance purposes This Annexation No. 2 annexes to the District the following areas: 0 Tract No 12672 (128 multifamily dwellings) o Tract Nos 12590, 12319, 12319 -1, 12319 -2, 12319 -3, 12319 -4, 12319 -5, 12319 -6, 12319 -7, 12319 -8, 12670, 17760 -1, 12670 -2, 12670 -3, 12670 -4 (total 458 single family dwellings) o Terra Vista Parkway right -of -way (north half) from easternmost boundary of Tract 12402 to easternmost boundary of P.M. 8842 o Terra Vista Parkway right -of -way (north half) from Spruce Avenue to Church Street o Terra Vista Parkway right -of -way from easternmost boundary of P.M. 8842 to Milliken Avenue o Rase Line Road right -of -way from Milliken Avenue to easternmost boundary of Tract 12364 SECTION 3. Plans and Specifications The plans and specifications for street lighting havt been prepared by 1511 the developers Tne plans and specifications are as stipulated in the con- ditions of approval for the development and as approved by the City Engineering Division - Reference is hereby made to the subject tract maps or development plans and the assessment diagrams for the exact location of the street lighting areas. The plans and specifications for <treet lighting improvements are hereby made a part of this report to the same extent as If said plans and specifications were attached hereto. SLCTION 4 Estimated Costs No costs will be incurred for street lighting construction All improve- ments will be constructed by developers. Based on available data, it 1s estimated that maintenance costs for assessment purposes will be as set forth below These r-osts are estimated only; actual assessments will be based on actual cost data. The estimated annual maintenance cost for Annexation No. 2 is as follows based on high pressure sodium vapor lamps: 5,800 Lumen 9,500 Lumen 16.000 Lumen Street Lights Street Lights Street Lights Tracts 12319, 12319 -1, -2, -3, -4, -5, -6, -7, and -8 77 13 0 Tracts 12670, 12670 -1, -2, -3, and -4 37 5 0 Tract 12590 5 3 0 Tract 12672 0 6 0 Church Street Right-of-way 0 4 0 Terra Vista Pjrkway Right -of -way 0 i 0 Base Line Road Right -of -way 0 3 1 Total lights 119 41 1 SCE monthly rata, maint, and energy x $8.75 z $9.90 r S11.73 Months per year x 12 x 12 x i? Totals 5121495 54,870.80 S140 76 TOTAL ANNUAL COST S17.506.56 street lights adjacent to property not currently annexed to Landscape Maintendnce District No. 4. _2_ 1,39 The estimated total annual maintenance cost, and estimated annual assess- ments, for the District after Annexation No. 2 are as follows: Initial District and Annexation Annexation New total No. 1 No 2 for District Total estimated annual maintenance cost $16,501 $17,506.56 534,007 56 Assessment units: I per sinole family dwelling unit 425 458 883 0.5 per multifamily dwelling unit 211 64 275 636 522 1,158 Assessment rate: Total Cost 4 Assessment Units • Assessment per Assessment Unit $25 94 S29.37 Assessment shall apply to each residential dwelling as enumerated in Section 6 and the attached Assessment Diagram. SECTION 5. Assessment Diagram A copy of the proposed assessment diaoram is attached to this report and by this reference is hereby incorporated within the text of this report SECTION 6. Assessment Maintenance costs for the entire District are found to be of specific benefit to all developed residential reoperty within the District in accordance with the following relationship: Land Use Assessment Units Single family residential dwelling 1 unit Multifamily residential dwelling .5 unit The City Council will hold a public hearing in June 1986, to determine the actual assessments based upon the actual costs incurred by the City during the 1985/86 fiscal year. SECTION 7. Order of Events 1. City Council adopts resolution instituting proceedings 2. City Council adopts Resolution of Preliminary Approval of City Engineer's Report. -3- /Y0 3. City Council adopts Resolution of Intention to Annex to District and sets public hearing dates. 4. City Council conducts public heatinq, considers all testimony and determines to annex to the District or abandon the proceedings. S. Every year in Hay, the City Engineer files a report with the City council. 6. Every year in June, the City Council conducts a public hearing and approves, or modifies and approves the indi+.dual assessments. 917SL 4- /`// Annexation No 2 to Street Lighting Haintence District No 4 Key to Drawing 5800 Lumen Street Lights ( 16,000 Lumen where indicated ) I • 9500 Lumen Street Lights Note the last nap indicates approximate locations of street lights in arias to be annexed which are not a part of preceding maps !Yx it ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 LEGEND 9500 LUMEN ) 5800 LUMEN (16,000 LUMEN WHERE NOTED) CITY OF RANCHO CUCAMONGA tr' COUNTY OF SAN 13ERNARDINO g �L r` is STATE OF CALIFORNIA �� XT /ys Page ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 a s s TRACT 12590 W 5 6 W Q W W O 2 3 �O F� �J I This diagram is for maintenance district assessment Information -nlv_ �.,r =f°�b, CITY OF RANCHO CUCAMONGA title; COUNTY OF SAN BERNARDINO L' +� STATE OF CALIFORNIA ti J> N - °n LLOYD HUBBS,CITYENGINEER RCE23Be9 DATE F�ge !yy ® ® �➢ i y u. .I W i e ,... j DEERFIELD c a s s TRACT 12590 W 5 6 W Q W W O 2 3 �O F� �J I This diagram is for maintenance district assessment Information -nlv_ �.,r =f°�b, CITY OF RANCHO CUCAMONGA title; COUNTY OF SAN BERNARDINO L' +� STATE OF CALIFORNIA ti J> N - °n LLOYD HUBBS,CITYENGINEER RCE23Be9 DATE F�ge !yy ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12672 o ,• SIM 14 1 ms magram is for maintenance district assessment informa CITY OF RANCIIO CUCAMONGA COUNTY OF SA14 BERNARDINO `\ STATE OF CALIFORNIA 1: LLOYC Ausss CITY ENGINEER RCE T N DtE Pa INS ]4dsCss :1E "4:' DI AN1 1 STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 92670 This diagram is for maintenance district assessment InformatiD t., °mac, CITY OF RANCHO CUCAMONGA title; �> COUNTY OF SAN 13ERNARDINO STATE OF CALIFORNIA A � T Hit Hit l� LLOYD HU^9S CITY ENSEEER RCE 23889 NTE PaLe iyr, ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12670 -1 This diagram is for maintenance district assessment Inl CITY OF RANCHO CUCAMONGA I A COUNTY OF SAN BERNARDINO y' rE,r STATE OF CALIFORNIA o ja 1��T1 ton IIflJ111111]0[ /'ITV [I.IrI \[[� �n�n.nn� J IY7 nr\. ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12670 -2 I_ This diagram is for maintenance district assessment information oniv. I ASSESSMENT DIAGRAM' STREET LIGHTING MAINTENANCE DISTI„'Ci NO.4 ANNEXATION NO.2 TRACT 12670 -3 This diagram is for maintenance district assessment in �r =t°�b, CITY OF RANCHO CUCAMONGA p ., rf �L COUNTY OF SAN BERNARDINO \ a` r STATE OF CALIFORNIA �T c+ 6� 1 V a ton LLOYD HUa95 CITY ENGNEER RCE23e DATE !y9 P2Ee- ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO.2 TRACT 12670 -d Ims magram Is for maintenance alstrlct assessment Informatior. CITY OF RANCHO CUCAMONGA title; COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA � T _ ' LLOYD HUo95 CITY ELI \ —DAN 1;.7E—ER RCE 218e9 p2Et Is ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12318 FTR z ti i- CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO ton ^ STATE OF CALIFORNIA — T Isi v2ee ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12319 -2 BASIC � LINE _ Ll of s (� G.: Rio ` c i u.•, 1� Cl/ Y. i O -_ -! t: s� This diagram is for maintenance district assessmen' Informatic 0 o, CITY OF RANCHO CUCAMONGA title, �s COUNTY OF SAN BERNARDINO A STATE OF CALIFORNIA —_ ' "" LLOYD FNo95 CITY ENGINEER RCE 23W3 DATE � p2Et_ Is3. A ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO. 4 ANNEXATION NO. 2 TRACT 12319 -1 iqq 14 [r �- i! •;er '3 e� lit; It tel This diagram is for maintenance district assessment informatio CITY OF RANCHO CUCAMONGA ;•,% \s COUNTY OF SAN BERNARDINO — €., STATE OF CALIFORNIA T — Ion , , rvr ,n r_oe r,tv rmltwrro Orr IAQo r� F 1 • aaie /s3 ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12318 -4 This diagram is for maintenance district assessment Information only. '^0�b, CITY OF RANCHO CUCAMONGA tile; ` \ �S COUNTY OF SAN ,ERNARDINO n �" to STATE OF CALIFORNIA T LLOYD HUBBS CITY ENGINEER PC 23869 DeTE 1V P°Ee /sy ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 �7 -J ANNEXATION NO. 2 TRACT 12319 -5 This diagram is for maintenance district assessment informatio CITY OF RANCHO CUCAMONGA COUNTY OF SAN BERNARDINO L r.M f= - 6 STATE OF CALIFORNIA N 1 V L ��n LLOYD HUBB5 CITY ENSINEER RCE 2,',809 DATE P�g� /Sf It ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 This diagram is for maintenance district assessment in oc`'r"i o� CITY OF RANCHO CUCAhiONGA \L COUNTY OF SAN BERNARDINO : L r• l �`_ STATE OF CALIFORNIA T P � i inn y LLOYD I4U "o95 CITY EN:rI \EER RCE 238E9 DGTE _ /sG Page J t I ASSESSMENT DIAGRAM STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRAr.T 19'g1A -7 This diagram is for maintenance district assessment Informatit =4°�; CITY OF RANCHO CUCAMONGA title \s COUNTY OF SAN BERNAPDINO n f �= STATE OF CALIFORNIA N nn LLOYD MJ999 CITY ENGINEER R CE 239?9 DeiE P'E� /S? 4 ASSESSMENT DIAGRAM, STREET LIGHTING MAINTENANCE DISTRICT NO.4 ANNEXATION NO. 2 TRACT 12319 -3 This diagram is for maintenance district assessment informatior. Faf' `°�h. CITY OF RANCHO CUCAMONGA w title' �s COUNTY OF SAN BERNARDINO / \ is STATE OF CALIFORNIA 9977z LLOYD HUo95 CITY EN�I \EER RCE 2S?C9 DLTE 1 v P'Ee /s 4 ASSESSMENT DIAGRAM LANDSCAPE -MAINTENANCE DISTRICT N0. 4 ANNEXATION NO. Q LEGEND GROUND AND TREE MAINTENANCE TREE MAINTENANCE ONLY CITY OF RANCHO CUCA,%10i \`GA ,\ ` DIVISION tititle; ENGINEERING ' T E` I' VICINITY NIAP 11 \`II • /s9 -lice CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE: February 19, 1986 TO: Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Lisa Wininger, Assistant Planner SUBJ %T: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -OIA request to amend the Land Use Map of the enoraraiPlan from Low Density Residential (24 du /ac) to Low Medium Density Residential (4 -8 du /ac) for 13.55 acres of land located on the south side of Feron Boulevard between Archibald and Turner Avenues - APN 209 - 055 -02, 03, 14. I BACKGROUND: The applicant requested a General Plan Amendment from G Me—nsf-ty Residential (2 -4 di/ac) to Low Medium Density Residential (4 -P du /ac) for a 13 55 acre site located in the North Town neighborhood of Rancho Cucamonga. A previous General Plan application for this site which requested an increase to density to Medium Density Residential (4 -14 du /ac) was denied by the Coty Council in December 1985 The attached Planning Commission report provides core detailed information relative to this item. It PLANNING COMMISSION ACTION: The major issues considered by the ann ng ono ss nn at t e January 22, 1986 hearing were land use compatibility and wnsistency with the goals and policies of the Gererai Plan. The Planning Commission determined that the change to Low Medium Density would not create significant land use incompatibility with existing single family development surrounding the site. Issues regarding compatibility of ho zing type in the 4 -8 du /ac range with the predominantly single fan y detached homes In the neighborhood could be resolved through design and site plan review at the project level. Additionally, the location of the Low Medium Density project within a Low Density area was •letermined to be consistent with the goals and policies of the Gei.eral Plan by 'encouraging greater hous4 diversity without changing the single family character of surrounding residential neighborhood.* Thus, the proposed Change appears to be consistent with the General Plan if the single family character of the neighborhood is preserved by use of a compatible project type. /(.0 CITY COUNCIL STAFF REPORT GPA86 -OIA - HAWKINS February 19, 1986 Page 2 III. RECOMMENDATION: The Planning Commission recommends approval of the en—era 'non Mendment and issuance of a Negative Declaration. If the City Council concurs, adoption of the attached Resolution of Approval would be appropriate. Should the Council not concur, a Resolution of Denial is also attached. It should also be noted that the City Attorney advised staff and the applicant that prior to Council approval, additional documentation would be required indicating the applicant is authorized to act on behalf of property owner. As of this writing, this documentation has not been received. Unless satisfactory documentation is received prior to the hearing, this item should be continued. Re ectfully bra Brad Buller City Planner 88:LN:ko Attachments: Planning Commission Staff Report, January 22, 1986 Minutes of January 22, 1986 Planning Commission Meeting Resolution of Approval Resolution of Denial AW CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: January 22, 1986 TO: Chairman and Members of the Planning Commission FROM. Brad Buller, City Planner BY: Lisa Wininger, Assistant Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PL AMENDMENT 86 -01A w N - request toamen—dthe Zauo Use Map o t o enera an from Low Density Residentia' (2-4 du /ac) to Low Medium Density Residential (4 -8 du /ac) for 13.55 acres Lf land located on the south side of Feron Boulevard, east of Archibald - APu 209- 055 -02, 03, 14. 1. ABSTRACT: A General Plan Amendment is requested from Low Density e— s-Td—en—tTal to Low Medium Density Residential for a 13 55 acre site located in the North Town neighborhood of Rancho Cucamonga (see Exhibit •A'). The applicant previously requested General Plan Amendments to Medium -Nigh Density Residential and to Medium Density Residential, which were denied by the Planning Commission and City Council after review of the Environmental Impact Report and discussion regarding land use compatibility issues At this meetingy, the Commission will receive public Input and consider the General Plan Amendment to Low Medium Density Residential (4 -8 du /ac). it. BACKGROUND: The project applicant, John Hawkins, has requested a Genera an Amendment from Low Density Residential (2-4 du /ac) to Low Medium Density Residential (4 -8 du /ac). In 1984, the applicant submitted a request for General Plan Amendment 84 -03A from Low to Medium High Density Residential. After preparation of an EIR as required by the Commission, it was determined that the approval of the application would create significant environmental impacts which could not be mitigated. In addition, significant land use compatibility problems were noted The Amendment was denied by the Coammisslon, appealed to the Council, and in June 1985, denied by the Council. In September, 1985, the applicant submitted an application for General Plan Intendment 85 -04D fur a change to Medium Density Residential. The application was denied by the City Council in December 1985 on the grounds that the land use change was inconsistent with the policies of the General Plan relating to the land use compatibility and transition of density. The applicant has now resubmitted at a lower denisty range. 161 ITDI N PLANNING COM4ISSIO4 STAFF REPORT General Plan Amendment 86 -01A January 22, 1986 Page 2 111. PROJECT AND SITE DESCRIPTION: A. Action Re uested: Environmental Assessment per the attached Initial toy an consideration of the General Plan Amendment. B. Location: South side of Feron Boulevard, between Archibald and urrner. — C. Parcel Size: 13.55 acres. D. Existing Zoning: Low Density Residential. E. Existing Land Use: Vacant. F Surrounding Land Use and Zoning: North - Rancho Cucamonga ntial (2- 4 Middle School .designated Low South - AT b SF Railroad right of way and winery, designated Industrial Specific Plan. East - Singggen(2h-4 lenfamil(2ho es, designated Low Density Nest - Sin lfamilmes, designated Low Density G. General Plan Designations: North - Low Density Residential. South - General Industrial (Industrial Specific Plan). East - Law Density Residential. ..'est - Low Density Residential. H. Site Characteristics: The site lies at the terminus of a drainage channel with a small drainage course traversing the center of the site in a north -south direction. A large portion of the site lies within the 100 year, flood plain and is subject to periodic flooding. Vegetation consists of a row of Eucalyptus trees along Feron, scattered trees, shrubs and grasses. Feron Blvd. provides direct access to the site, with Main Street dead - ending into the site on the east and west property boundaries. IV. ENVIRONMENTAL DETERMINATION: The final EIR for General Plan enmgent TF03A discusses potential environmental impacts for four alternative land uses for the site; Low, Loa Medium, Medium and Nixed Use. The discussion of Low Medium Density stated that this alternative represented no significant impacts. Bated on the /63 PLANNING COK41SSION STAFF REPORT General Plan Amendment 86 -OIA January 22, 1986 Page 3 conclusion of the attached Initial Study and the EIR, staff recommends issuance of a Negative Declaration for General Plan Amendment 86 -01A. GENERAL PLAN AMENOMFNT ANALYSIS: The major issues to be consider regarding this app cation are land use compatibility of the proposed density with existing development and consistency with the goals and policies of the General Plan. In the Low Medium Density range of 4 -8 du /ac, development could theoretically occur with housing types in a single family, zero lot line, duplex, or low rise townhouse -type pattern. Since the surrounding area is developed with older, single family detached homes with densities up to approximately 6 units per acre, development in this range could be compatible with existing development. Development at the higher end of the 4 -8 unit range could create some incompatibility with surrounding development However, this concern can be addressed through appropriate design and site planning at the project level to assure compatibility and proper transition. The General Plan states that Low Medium Density is "characterized by residential densities somewhat greater than the Low Density Residential group.' It states that Low Medium Density would be appropriate within low density areas to encourage greater housing diversity without changing the single family character of the surrounding residential neighborhood. Therefore, it appears that development of the site at a Low Medium Density is not inconsistent with the goals of the General Plan, provided that the single family nature of the area is preserved by use of a compatible project type. VI. FACTS FOR FINDINGS: Should the Commission, upon examination of e General Plan endment, determine that the change from Low Density Residential to Medium Density Residential would promote the land use goals of the General Plan, and that tTiis Amendment would not be materially injurious to the adjacent properties, the oi-Tlowing findings are nev:ssary on approval: A. The Amendment does not conflict with the Land Use Policies of the General Plan, and; B. The Amendment promotes goals of the Land Use Element, and; C. The Amendment would not be materially injurious to the adjacent properties. Ay PLANNING COMMISSION STAFF REPORT General Plan Amendment 86 -01A January 22, 1986 Page 4 VII. CORRESPONDENCE: This item has been advertised as a public hearing n e a{1— a art and notices were sent to all property owners wit n eet or the boundary of the proposed property, in addition area e5d foot foot emental notification sign aobeen erected sie. supplemental VIII. RECOMMENDATION: Should hehmet,a adoptiondofothenattachedhResolution of Approval and issuance of a Negative Declaration would be Findingsacannot be met,ha Resolution oftDenial isaal also attached. Respectfully suLmitted, Brad Buller City Planner 38:Lil:ko Attachments: Exhibit 'A' - Vicinity Nap Initial Study Resolution of Approval Resolution of Denial /bt A MI EDIUM LOW E,J }j ,,SCHOOL SITE t I I 7 :: 4 I� t L'L•w ta -�` - •-GENERAL IND.USTRIAfF_ 3 �, i Fo GENERAL PLAN DESIGNATIONS WUH CITY Or nr-u 6P4 9(1-0/ b RANCHO CUCAMONGA TITLE. v,umAl m,t,p PLANNING DIVISKYN EXHINT. "A' SCALE-- /66 K C Page 2 YES MAYBE SD a. Changes In currents, or the course of direction of flowing streams,- rivers, or ephemeral stream channels? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? ✓ d. Change in the amount of surface water in anv body of water? - — -- ✓ e. Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? -- _ S. Change in the quantity of groundwaters, alther through d -recc additions or with- drawals, or through interference with au aquifer? Quality? Quantity? -- h The reduction in the amount of water other - wise available for public water supplies I- Exposure of people or property to water rala red hazards such as flooding or seiches? 3. Afc Duality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or Indirect sources? Stationary sources? b. Deterioration of ambient air quality and,or Interference with the attainment of applicable air quality standards? _ -- e. Alteration of local ri regional climatic conditions, affe,.ing air movement, moisture or tomperatu•at �[ 4. Biota Florc. Will the proposal have significant results So a. Change in the characteristics of species, In cluding diversity, distribution, or number If any species of plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? A72 _- i= r C CITY. OF M'ICHO CUCA.MONGA PART II - INITIAL STCDY Eh'VIRO \')M\'TAL CHECKLIST APPLICA:T: M _11; &) //1 f - FILING DATE: /A,(;—ZL/R -LOC UMBER:-6j6-*- a/j -om A PRNECr: ' Jk PROIICT LOCATION: s�j a� I. ENVIRO :ZE TAL IMPACTS (Explanation of all "yes" and "maybe" sheets) answers are required on attached YES KAYBE NO 1 Soils and Candor, Will the proposal have significant results in: a Unstable ground conditions or in changes in geoloolc relationships? b Disruptions, displacements, compaction or burial of the coil? — —. C. Change in topography or gtound surface contour intervals? d. The destruction, covering or modification Of any unique geolegie or physical features? e. Any potential increase in wind or water -C erosion of soils, affecting either on or off Site conditons? f. Changes in erosion siltation, or deposition? Y g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, grouni failure, or sinilar hazards? h. An increase in the rate of extraction and /or use of any mineral resource? f ._ 2. Hydrology. Will the proposal have significant results in: /G 8 ic9 Ppge 4 YES `!ME NO ' 8. Transe_ o`tation. Will the proposal have significant results a. Ceneration of substantial additional vehicular movement? -- I 1/ b. Effects on exlsr:ng streets, or demand for new street construrtlon? — -- ✓ C. Effects on existing parking facilities, or demand for new parking? d. Substantial impact upon existing transporta- clon systems? ✓ e. Alterations to present pat :.res of circula- — -- tion or =vement of people and /or goods? f. Alterations to or effects on present and Potential vat er -borne, rail, mass transit or air traffic? S. Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? -- 9. Cultural W111 the proposal have significant resin to in: a. A disturbance zo the integrity of archaeological, Paleontological. and /or historical resources? 10. P,ealth, Safotv and Nuisance Factors. Will the proposal have slgn!ficant results in: a. Creation of any health hazard or potential health hazard? b. Expo,ure of people to potential health hazards? e. A risk of explosion or release of hazardous substances in the event of an accident? d. An increase in the number of Individuals —_ or species of vector a. pathenogenic organisms or the exposure of people to such organists? e. Increase in existing noise levels? -- �_ J f. Exposure of people to potentially dangerous noise levels? -- S. The creation of objectionable odors? h. An increase in light or glare? —_ ✓ ic9 M C Page 3 YES `-ME NO C. Introduction of new or disruptive species of Plants Into an area? r -- d Peduction 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 OR numbers of any unique, rare or endangered species of animals? c Introduction of new or disruptive species of animals into an ar;a, or result in a barrier to the migration or movement of animals? d Deterioration or removal of existing fish or wildlife habitat? -- 5 Population. Will the proposal have significant results in a. Will the proposal alter the location, distri- bution, density, diversity, or growth race of the human population of an area? b. Will the proposal affect existing housing, or create a demand for additional housing? G S"AO- Economic Factors --�_• Will the proposal have signfiicaac rasulta in: A- Change in local or regional socio- economic characteristics, including economic or cocercial diversity, tax rate, and property values? b. Will project costs be equitably distributed among project beneficiaries, Le , buyers, tax payers or project users? 7. Land Use and Planr.ine Conelderations. Will the proposal have signet loan[ results Sn? a. A substantial alto ration of the present or Planned land use of in area? b. A toaflict with any designations, objectives, 1' Policies, or adopted plans of any governmental entities? — e. An i_ -pact upon the gUl41ty or quantity of existing consumptive or non- ronsuoptive recreational opportunities? /7O — —_ ` Page 5 • Y_S :AYbE \0 11 Aesthetics. Will the proposal have significant results in: a The obstruction or degradation of any scenic vista or view? ✓ b The creation of an aesthetically offensive site? c. A conflict with the objective of designated or potential scenic corridors? 12. Utilic lea and Public Services. 11111 the proposal have a significant need for new systems, or alterations to the following: a. Electric power? — -- b. Natural or packaged gas? c. Cocuniwtlons systems ? -- d Water supply? — -- c Wastewater facilities? — _— 2 f Flood control structures? — S. Solid waste facilities? — h. Fire protection? —_ I. Police protection? ✓ J. Schools? k. Parks or e.her recreational facilities? 1. Nafnronance of public facilities, including roads and flood control facilities? — m. Other governmental services? 13. EnerCV and Scarce Resources. Will the proposal have significant resulto in: a. Use of substantial or excessite fuel or energy? ' b. tiubstantlal increase In demand upon existing —_ saurccs of energy? ' c. An increase in the demand for development of — 7. new sources of energy? ✓ d. An increase or perpetuation of the consumption — t of non - renewable forms of energy, when feasible renewable sources of energy are available? _� / /%/ _ C e. Substantial depletion of any nonrenewable or scarce natural readurce? 14. Nandatoav Findings of Siciificance. a. Does the project have the potential to degrade the gtwlity of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to dr,:, below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate Important examples of the major periods of California history or prehistory? Page 6 YES Y..1YSE NO ' -- __ 1z — — z b. Does the project have the potential to achieve short -term, to the disadvantage of long -term. environmental goals) (A short -tem impact an the environment is one which occurs in a relatively brief, definitive period of tine while long- term impacts will endure wcil Into the future). 1/ C. Does the project have impacts which are Individually limited, but cumulatively considerable? (Cumulatively considerab)e eeans that the incremental effects of an Individual project are considerable when viewed In connection with the affects of part projects, and probable future projects). d. Does the project :lave environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? — II DISCUSSION OF E%%'ISO',"F — %7AL EVALUATION (S-e , of affirmative answers to the above questions plus a discussion of propoaad mitigation enaaurea) �a 7b At MPOed PtOjecb npitunts a. 10170C use M'4ROt a / /cwin9 4wlu d3 »Iany 0/olt / /091 u�+ti� as tc�s y /e�iav3/y pti�t�%kd 7!<c �/e I ales fla�f no SI9n) f1Pda.f 1W ust iialwcd WN6L MIIAN't 6t M/11 41tw cad? ottuo N tit JR'V-tItdi&M a/WA/ /61*7yc- /72. l C Page 7 III. DLTEMISATIOS On the basis of this initial evaluation: on the envirunc d ent, project SEGATIVE +DECLARATIOY ivillibenprepared. ' find that although the proposed project could have a significant affect on the environment, there vill not be a significant effect in this case because the mitigation measures described on an attached shoat have been added to the project. A zr:ATI% -E DECLAMTI0:7 WILL RE PREPARED. I ficd the proposed project IM have a significant effect on the envirnment, and an E.WIRO.%`-1'T I.w3ACT REPORT is required. Date gigoatu :e Title r' F t' O �_ 173 DRAFT EXCERPT - PLANNING COMMISSION MINUTES - JANUARY 22, 1986 N. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 86 -OIA - HAWKINS - A request to amen .e an se p o e General an from ow ensity Residential (2 -4 du /ac) to Low Medium Density Residential (4 -8 du /ac) for 13.55 acres of land located on the south side of Feron Boulevard, east of Archibald - APN 209 - 055 -02, 03, 14. Brad Buller, City Planner, reviewed the staff report. Commissioner Barker asked if the project was a market rate project, could the developer come in with a request for a bonus thereby increasing the density. Mr. Buller replied that a 25% density bonus could be possible which would increase the number of units from 8 to 10. He additionally advised that this would be an issue addressed by both the Planning Commission and the City Council, if requested by the applicant. Chairman Stout opened the public hearing. Tracy Tibballs, 10522 Wilson, Rancho Cucamonga, addressed the Commission on behalf of the applicant. Mr. Tibballs acknowledged that the 25% density bonus issue for affordable housing if requested would be addressed by the Planning Commission and City Council at a later date. He requested approval of the General Plan Amendment from Low Density to Low Medium Density. Nacho Gracia, 10364 Humboldt, Rancho Cucamonga, supported the amendment and stated that he was happy to finally see the density reduced to an appropriate level Commissioner Barker asked if Mr. Gracia understood that the density could come in at 10 with a density bonus for affordable housing. Mr. Gracia replied that he e,,uld like to see what that would mean on a site plan, since he w not sure how that would affect the number of dwellinr,s constructed. There were no further comments, therefore the public hearing was closed. Commissioner McNiel stated that this was the density wh was established as the one most suited for this parcel and was glad to see 't finally reduced to that level. Commissioner Chitiea stated that 4 -8 is acceptable and could be compatible. however, was concerned with compatibility should the density increase to 10 under a density bonus Commissioner Rempel was concerned with the development of condominiums or apartments in this area of the City He stated that this type of product is inherently incompatible with the area due to surrounding uses such as the school on one side and the railroad on the other, therefore, could not support th? amendment. He suggested that the project be developed under the terms of a Development Agreement. Commissioner Barker agreed that 4 -8 units per acre is an appropriate density for this parcel; however, was concerned with development at 10 units per acre under a density bonus Chairman Stout stated that he had not changed his opinion that 4 -8 units per acre is an appropriate density for the parcel. He indicated to the developer that when the Cemission expresses strong concerns regarding compatibility at higher than 8 units per acrs this issue will come up to the design phases, therefore strongly urged tha applicant to consider this concern in their building program. Commissioner Chitiea asked if there was a way to tie a development agreement to the land use amendment. Mr. Markman replied that a development agreement replaces zoning not the General Plan designation; therefore, could not be applied to the land use amendment. Mr Markman indicated that before this project goes before the City Council documentation would be necessary to indicate that the people signing the application are authorized to control the land use on the property. He advised that if this documentation is not received, it would be necessary for the City Council to continue consideration of this Item until it is received. Motion: Moved by McN1e1, seconded by Stout, carried to recommend issuance of a Negative Declaration and adoption of the Resolution approving Environmental Assessment and General Plan Amendment 86 -0IA, Hawkins, to the City Council. Motion carried by the following vote: AYES: COMMISSIONERS: MCNIEL, STOUT, BARKER NOES: COMMISSIOHERS: CHITIEA, RE14PEL ABSENT: COMMISSIONERS: NONE - carried ♦ f f f f /7s' RESOLUTION NO. E6 -16 A RESOLUTION OF THE PL4NNi4G C0144ISSION OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, RECIY44ENDiNG APPROVAL OF GENERAL PLAN AMENDMENT NO. 86 -01A, AMENDING THE LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2 -4 DU/AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4 -8 OU /AC) FOR 13.5 ACRES OF LAND LOCATED SOUTH OF FERON BOULEVARD AND EAST OF 1RCHIBALD AVENUE. WHEREAS, the Planning Commission has held a duly advertised public hearing to consider all comments or, the proposed General Plan Amendment No. 86 -OIA. SECTION 1. The Rancho Cucamonga Planning Commission hereby makes the follow i g fin -ings: A. The Amendment dies not conflict with the Land Use Policies of the General Plan. B. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. follows: SECTION 2:- The General Plan Land Use Map shall be amended as Assessor's Parcel Number 209- 055 -02, 03 and 14 shall be changed from Lou Density Residential (2 -4 du /ac) to Lox Medium Density Residential (4 -8 du /ac). SECTION 3: A Negative Declaration is hereby recomcended for adoption by f e—ETEy Council for th,s General Plan Amendment, based upon the completion and findings of the Initial Study. NON, THEREFORE, BE IT REtOLVED, that the Rancho Cucamonga Planning Commission does hereby recommend approval of General Plan Amendment No. 86 -01A to the City Council. /76 PLANNING CO1s41SSION RESOLUTION Page f2 APPROVED AND ADOPTED THIS 22HO DAY OF JANUARY, 1986. PLANNING- COK41SSION OF THE CITY OF RANCHO CUCANONGA BY: ✓M.tvjd: S9- enn s L. brWt, a rman ATTEST Brad Mier, Deputy Secre army I, Brad Buller, Deputy Secretary of the Planning Commission Of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held or, the 22nd day of January, 1986, by the following vote -to -wit: AYES: COMMISSIONERS: NOES: COICIISSIONERS: ABSENT: COMMISSIONERS: MCNIEL, STOUT, BARKER CHITIEA, RENPEL NONE /i 7 RESOLUTION NO. PBQ }9 -ei 9(r. - L%(p ,} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 86 -OIA - HAWKINS REQUESTING AN AMENDMENT TO THE LAND ,+ USE ELEMENT OF THE RANCHO CUCA14ONGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2 -4 DU /AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4 -8 DU /AC) FOR 13.55 ACRES OF LAND LOCATED ON FERON BOULEVARD EAST i, ARCHIBALD AVENUE - AoN 2D9- 055 -02, 03, E 14 WHEREAS, the Planning Commission held a duly advertised public hearing on January 22. 1986 to consider all comments on the proposed General Plan Amendment No. 86 -0IA; and WHEREAS, the City Council held a duly advertised public hearing to consider all comments on the proposed General Plan Amendment No. 86 -01A; SECTION 1: The Rancho Cucamonga City Council can make the following findings: — A. The Amendment does not conflict with the Land Use Policies of the General Plan. B. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. follows: SECTION 2: The General Plan Land Use Map shall be amended as APH 209 - 055 -02, 03 and 14 shall be changed from Low Denisty Residential (2 -4 du /ac) to Low Medium Density Residential (4 -8 du /ac). SECTION 3: A Negative Declaraticn is hereby adopted based upon the completion an�fi— nUThgs of the Initial Study. NDW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council hereby approves General Plan Amendment No 86 -01A. PASSED, APPROVED, and ADOPTED this 19th day of February, 1986. AYES: NOES: ABSENT: Jon U. Mikie`!Ts, yor /78 RESOLUTION NO. 9(p - 4I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DENYING GENERAL PLAN AMENDMENT NO. 86 -01A - HAWKINS REQUESTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE RANCHO CUCAMONGA GENERAL PLAN FROM LOW DENSITY RESIDENTIAL (2-4 OU /AC) TO LOW MEDIUM DENSITY RESIDENTIAL (4 -8 OU /AC) FOR 1i.55 ACRES OF LAND LOCATED ON FERON BOULEVARD, EAST OF ARCHIBALD AVENUE - APN 209- 055-02, 03, 6 14 WHEREAS, the Planning Commission held a duly advertised public hearing on January 22, 1986 to conslde• all comments on the proposed General Plan Amendment No. 86 -01A; and WHEREAS, the City Council held a duly advertised public hearing to consider all comments on the proposed General Plan Amendment No. 85 -01A; SECTION 1: The Rancho Cucamonga City Council cannot make the following n7f aings:— A. The Amendment does not conflict with the Lard Use Policies of the General Plan. B. The Amendment promotes goals of the Land Use Element. C. The Amendment would not be materially injurious or detrimental to the adjacent properties. NOW, THEREFORE, BE IT RESOLVED, that the Rancho Cucamonga City Council hereby denies General Plan Amendment No. 86 -01.1. PASSED, APPROVED, and ADOPTED this * Ray of AYES: NOES: ABSENT: Jon D. Mikels, Mayor /74 3 O a 0 N n M i v r O r� 9 0 c y T s' M Aso Now 1D m n ,c S N a S � ° A m o � , a 9 b f1 `F31 i a O a O m d 7 �n 3 r a � n .-r 0 rn A z T _ � K N M S N 9 0 c y T s' M Aso Now hcmmngeldo Apcdrea \ \ nay,nunu a nm yo,eu „puueu,� S Stanley b Cheryl Catalina " Cuamunga, CA 91730 R Rancho Cucamonga, CA 91730 R 9880 Jersey Blvd. CA 917. o 0209. 051 -07 Herman b Sirtona Apodaca V Virgil b Paula Navarrete R Ramon 3 Jennie Escobar Rancho Cucamonga, CA. 91730 O ROSewood CC 8 8725 Pasito Ave Rancho Cucar Ia. CA 81131 0209- 051 -OP is,' C C 209- 063 -12 209 - 063 -13 AMPARAN, Marceline 9893 Main Street 20.9-063, Jose d Esther 209- 067 -I4 NICVERSOY, Ray 6 Joan Raymond Cucamonga, CA 91730 9890 Main Street Cucamonga, G 91730 9882 Main Street Cucamonga, G 91770 209- 063 -15 209- J63 -16 CARCIA, Ezlquio d Hari¢ 9882 Main Street LOPEZ, , Joe d Trinidad 209- 067 -17 GONZALES. Hargarat CuC3 -n93, G 91730 9874 Hain Street 9874 Mai G 91770 9866 Main Street Cucamonga, G 91730 209 - 063 -18 209 - 052 -01 ARIAS, Auralla, etal 9858 Hain Street RAND=. Marceline 6 Cilborta 209 - 052 -02 MAGDYCU, David d Judy Cuc¢eong¢, G 91130 9890 Foron Blvd. Cucamonga. G 91730 9880 Feron Blvd. Cucamonga, G 91730 209 - 052 -03 LUCERO, Sabine d Guadalupe 209 - 052 -12 DURAN. Frank d Rosalba 209 - 052 -13 9870 Fozon Blvd. 9875 Jersey Blvd. Ah'GULANO, Prank d Angle 9885 Cucamonga, G 91730 Cucamonga, G 91730 Jersey Blvd. Cucamonga, G 917 30 309- 052 -14 VACONER. Clyde 24042 Rotunda Road Balencla, G 91355 is,' nattnew a .mnette trllpl C 6610 Archibald Ave. Paul, doe Lopez Juanita Wright Rancho Cucamonga, CA 91730 1495 EJoehLol Or. Pomona, eh 91767 614 Taraval St. 0:09- 031 -45 San Francisco, CA 94116 0209 - 061 -10 '0209= 061 -32 Charles Hofgaarden Raymond S Ronelia Sanchez Esperanza Stewart 3115 Doyne Rd Pasadena, CA 91107 10969 Cypress Ave Fontana, CA 92335 11732 Mapledale St. Norwalk, CA 90630 0209- 031 -45 0209- 061 -11 0209- 061 -33 Sebastian Filpi 8810 ArcInoald Avenue Simona Diaz 882' Reed St Son b Drutella Harrison Rancho 1ucamonga, CA 91730 Rancho Cucamonga, CA 91730 8889 Archibald Ave Rancho Cucamonga, 0203- 011 -77 0209 - 061 -14 CA 91730 0209- 062 -01 Mary td 919 East Olive Adeline 5 John. Martinez Santa Fe Land Improvement C Upland, Ca 91186 968 Songbird Lane 5200 E Sheila St Rm316 Bonita, CA 92009 Los Angeles, CA 90040 0209- 061 -01 0209 - 061 -15 0209 - 062 -02 Rafael b Severiana Salcedo Elizabeth Kelly 9790 Main St Topeka Atchison,Santa Fe RR 9465 Wilshire Blvd. No 203 Rancho Cucamonga, CA 91730 8897 Archibald AVe Beverly Hills, CA 90212 0209- 061 -16 Rancho Cucamonga, CA 0209 - 061 -03 0209- 062 -03 Alfonso Havan 1225 r Avenue Dionisio d Maria Herrera Topeka chison anta FE I Pomonaa, . CA 9 91767 P 0 Box 634 Rancho Cucamonga, CA 91730 0209 -061 -04 0209 - 061 -17 Tilo Gallardo Pauline Bonillas 8214 ltalachite Ave. Margaret Moreno John Dickerman Rancho Cucamonga, CA 91730 9722 Main St. 9838 E Dafnes Dr. 0209- 061 -06 Rancho Cucamonga, CA 91730 Temple City, CA 91780 0209- 061 -21 0209- 062 -05 Jahn E Virginia Angutano 9741 Feron St. I Val dz 92. Ea Olive Rancho Cucamonga, CA 91730 Upla-T� Mateo S nchez I CA 91786 9819 Main St. 0209 - 061 -07 0 O, a { -22 Rancho Cucamonga, CA 91730 0209 - 062 -06 Angela Gutierrez 9755 Feron Blvd International Church /Foursq Gos John Maldenaldo Rancho Cucamonga, CA 91730 1100 Glendsle Blvd Los Angeles, CA 90026 D29 Bain St 0209 - 061 -08 0209.061 -28 Rancho Cucamonga, 0209- 062 -07 9 91730 Susan Gomez 1346 W. Priqceton Virgil L Paula Navarette 745 Rosewood Ct. Carmen E Eloise Hernandaz Ontario, CA 91762 Ontario, CA 91762 9833 Hain St Rancho Cucamonga, CA 91730 0209 - 061 -09 0209- 061 -29 0209 - 062 -08 Paul, Joe Lopez 1495 Edgeh ll Or Nativ.dad Barnes 3813 Baldwin Jesus and ilargarit,: Ayala Porbn% \� Los Angeles, Apt 9003P Cucamonga, 0209 - 061 3 Rancho W 91130 -11 /$ n7no- na7-no Albert a Susan Fausto David and Judy Magdych Frank a Angie Anguiano 4705 London 9880 reron Blvd 9885 Jersey Blvd. Rancho Cucamonga, CA 9173Q- Rancho Cucamonga, Ca 91730 Rancho Cucamonga, CA 9173 0209- 051 -18 _ 0209 -05202 0209 - 052 -13 Frank a Irene Zamora 8700 London Avenue Rancho Cucamonga, CA 91130/ 0209- 051 -19 Rafael b Eleanor Torres 8710 London Avenue Rancho Cucamonga, CA 91730/ 0209- 051 -20 William a Hattie Scott 1017 Wingate Covina, CA 91724" 0209- 051 -21 Re -nd a Carmen Aleman P London Ave 4a..cno Cucamonga, CA 91730" 0209 - 051 -22 Frank 3 Carolina Condren 8740 London Ave Rancho Cucanonga, CA 91730 0209 - 051023 Sabino and Guadalupe Lucero 9870 Feron Blvd Rancho Cucamonga, Ca 91730,1 0209- 052 -03 Lars Rafael 9860 Feron Plvd Rancho Cucamonga, Ca 91730 0209- 052 -04 Solomon d Pauline Toki 9850 Feroo Blvd Rancho Cucamonga, Ca 91730 � 0209 - 052 -05 Hark 8 Nancy May 9840 Feron Blvd Rancho Cucamonga, Ca 91730 0209 - 052 -06 Tranouilinc and Aurelia Altanirano 9830 Feron Rancho Cucamonga, Ca 91730 0209- 052 -07 Enrique 6 Guadalupe Hirelez Dionicio and Consuelo Anno 8750 London Ave 9635 Jersey Blvd Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730, 0209 - 051 -24 1 0109- 052 -08 Valdo d Cppriana Santibanez 8760 Lordon Ave Craig d Ceverly Nelson Rancho Cucamonga, CA 917301"' 6051 Falling Tree 0209 - 051 -24 Rancho Cucamonga, CA 91701, 0209- 052 -09 Catalina Montez Victor E Marta Covarrubias 8770 London Avenue 9855 Jersey Blvd Rancho Cucamonga, Ca 91730 Rancho Cucamonga, CA 9173G, 0209 - 051 -26 0209 - 052 -10 Armando S Rosalind; Hirelez James a Nancy Raymond 8780 Londcr Avenue 9865 Jersey Blvd Rancho Cucamonga, CA 91730 *� Rancho Cucamonga, CA 91730 0209- 051 -27 1 0209- 052 -11 Clyde Wagoner 24042 Rotunda Rd Valencia, CA 913351" 0209- 052 -14 Ernesto b Amalia Franco 9895 slain St. Ranchu Cucamonga, CA 9 0209 - 062 -17 Arthur 6 La Vern Ayala 8203 Archibald Ave Rancho Cucamonga, CA 9172 0209- 062 -19 Benito Vasquez 8470 EAiin St Rancho Cucamonga, CA 917: 0209- 063 -04 George Campa 2015 S Cypress Ontario, CA 91761 0209- 063 -05 Manuel E Severa Gonzales 9849 Feron Rd Rancho Cucamonga, CA 917: 0209 - 063 -06 Vidal Heza 9859 Feron Blvd Rancho Cucamonga, a 917: 0209 - 063 -07 Silbestre and Altagracia Navarro 9865 Feron St. Rancho Cucamonga, CA 917 0209- 063 -09 Andy 6 Trisha Ledesma 9877 Feron St. Rancho Cucamonga, CA 917 0209 - 063 -30 Harcelino 8 Gilberts Ramirez 9890 Ferron Bivd Federal Rational Mortgage Assn, Arcadia Luna Rancho Cucamonga, Ca 91739 .11 Fourth d Blanchard Bldg 1033 S. Bonview 0209 -052 -01 Seattle, WA 98121 Ontario, CA 91761 0209 - 052 -12 /8 Y 0209 - 063 -11 209 - 085 -01, 15 4 16 TRAVACLIEA, Peto 9915 Feran Blvd Rancho Cucamonga, CA t- �Pf1 8�•o /a 209-095 -04 LOGL.. Felipi Angeles of Cue. c/o Conchs Ramirez 91730 1364 E. 9th Street Upland. CA 91786 209 - 085 -08 MARTINEZ. Agustin 6 Guadalupe 8824 Tumor Avenue Cucamonga, CA 91730 209- 085 -12 GONZALES, Joe 6 Esperanza 10077 Hain Street Rancho Cucamonga, CA 91730 209 - 071 -07 LOPEZ, Jesus 6 Vera 8785 Ramona Ave. Cucamonga, CA 91730 209 - 071 -10 NLVAREZ, Jose 6 Guadalupe 8755 Ramona Avenue Cucamonga, CA 91730 209 - 111 -19 RODRIGUEZ, Lorenzo 6 Tmida 231 1/2 Bay Street Santa Monica, CA 90405 20 ?- 101 -04, 05 4 06 ROMAN CATHOLIC BISHOP /S B. C/o Real Property lapartment 1450 N. "D" Street San Bernardino, CA 92405 209 - 085 -09 TELLO, Eloise 6 Albert P. 0. Box 202 Rancho Cucamonga, CA 91730 109- 085 -17 VILLAAREAL, Harfe, etal 10085 E. Hain Rancho Cucamonga, CA 91730 209 - 071 -08 VELASQUEZ, 4illiam 6 Victoria 8773 Ramona Avenue Cucamon0a, CA 91730 209- 102 -23 HOYM, Jennie 8:83 Ramona Avenue Cucamonga, CA 91730 209- 111 -20 BENCOM, Helsel 10123 Twenty Foarth Cucamonga, CA 91730 209 - 201 -18 NARANO REAL ESTATE CORP. c/o Langenburg, Peter 2045 McKinnon Avanun San Francisco, CA 94124 209- 062 -11 209 - 062 -12, 13 6 22 AYALA. Arthur 6 LaVerne VALADEZ, Mary C. 8203 Archibald Avenue 919 East Olive Cucamonga, CA 91730 Upland, CA 91786 209 - 062 -21 209- J63 -10 CHAVEZ. Delfina LEDESYA, Andy 6 Trim 9879 Hain 9877 Feron Street Rancho Cucamonga, CA 91730 Cucamonga, CA 91730 /Ps 209 - 085 -07 NONTEZ, Jennie 6 Miry 8183 Ramona avenue Cucamonga, -A 91730 209 - 085 -10 HINIJAREZ, George 6 Robert 12011 Center St , No. 2 Southgate, CA 90280 109 - 085 -18 SANCHEZ. Camen 8808 Turner Avenue Cucamonga, CA 91730 209- 071 -09 ALVAREZ, Thomas 6 Agnes 9765 Ramona Avenue Cucamonga, CA 91730 209 - 102 -32 6 33 BONILLA. Alfredo 614 Taramal Street San Francisco, CA 94116 209- 111 -21 BENCOXO, Hark 695 Hillcrest Drive Pomona, CA 91786 209 - 201 -19 6 20 BIANE, P Plena P. 0. Box 1515 Ontario, CA 91762 209- 062 -17 FRANCO, Ernesto 6 Awlia P. 0. Box 61 Cucamonga, C.% 91730 209 - 063 -11 LUNA, Arcadlo 6 Mary c/a J. D. LUNA " 1033 S. Bonvieu Ontario, CA 91761 Pete G. Travaglia f Jesus S Annie Martinez Ruben b Alice Flores P.O. Box 107, l 1668 E. Princeton C 10187 26th Rancho Cucamonga, CA 91730 Ontario, CA 91764 Rancho Cucamonga, CA 9173 209- 085 -01 , Logia Felipi Angeles of Santiago S Jessie Rubacalva David S Stella Olagues Cucamonga in 10151 26th 10186 25th 1364 F. 9th St. Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 9173 Upland, CA 91796 209- 085 -04 Jeannie S Mary Ilontez Vincent S Geraldine Martinez Albin& S Pilar 4urez 8183 Ramona 8572 Lomet 10154 24th Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 9173 209- 085 -07 Ausustin S Guadalupe Martinez Francisco S Luisa Martinez Jesus Hernandez 8824 Turner Ave 10173 26th 10185 25th Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 917: 209 - 085 -08 Eloisa S Albert Tello Jesus Martinez Ruben lic res P.O Box 202 10181 26th 1018' , Rancho Cucamonga, CA 91730 Rancho Cucamonga, CA 91730 R o Cutamo CA 917C 209- 085 -09 George L Robert Minliarez Ernest F Izzo David S YOlagues 12011 Center St. 12 10131 26th 1D186 25 Southgate, CA 9o23o Rancho Cucamonga, CA 91730 Ranc ucar"on CA 917. 209 - 085 -1U Joe S Esperznza Gonzales Jesus S Juanita Gonzales John Martinez S Juan Bece: 10077 Hain St. 10142 25th 13957 Daventry St. Rancho Cucamonga, CA 91730 209 - 085 -12 Rancho Cucamonga, CA 91730 Pacoima, CA 91331 Marie S Rafaela Villarreal 10065 Hain St. Anthony Ledesma Petra L. Montecino II' Rancho Cucamonga, CA 91730 P.O Box 386 Rancho Cucamonga, CA 91730 10141 25th Rancho Cucamonga, CA 917 209- 005 -17 Carmen Sanchez ' 8808 Turner Anthony S Elsie Ledesma Juan S Ofelia Aguilar Rancho Cucamonga. CA 91730 10134 25th Rancho Cucamonga, CA 91730 10147 25th Rancho Cucamonga, CA 917 2 -9- 085 -18 John S Monica Padillo 10109 26th Eustolia Casillas Victoria S Marian Cardena Rancho Cucamonga, CA 91730 Yolanda Sanchez 529 E ".1" Street 10226 24th Rancho Cucamonga, CA 917 Ontario, CA 91764 Andres 8 Maria Hungia 10135 Severo S Celia Martinez Esther Lopez 26th Rancho Cucamonga, CA 91730 Box 271 Rancho Cucamonga, CA 91730 1619 M. CA a90640e Montebello, /p6 i8rcelina A"Warlan Joe d Antonia Gonzales 9813 Feran SC. 110 S. OrargP Rancho Cuca�ncnna, CA 9173 Azusa, CA 91102 • 0209- 063 -12 Jose Ramirez 9696 Hain St. Rancho Cucamonga, CA 91730 0209 - 063 -13 Raymond A Joan Nickerson 9850 Main St Rancho Cucamonga, CA 91730 0209 - 063 -14 Eziquio E Maria Garcia 9882 Fain St Rancho Cucamonga, CA 91730 0209 - 063 -15 Joe d Trinidad Lopez 9874 lain St. Rancho Cucamonga, CA 91730 0209 - 063 -16 Margaret Gonzales 9065 Main St. Rancho Cucamonga, CA 91730 0209- 063 -17 Aurelio Arias 9858 Hain St. Rancho C"':wonga, CA 91730 0209 - 063 -18 Fmelio 8 Frecia Amparan 9850 Main St. Rancho Picamonga, CA 91730 0209- 00-19 Miguel E Edith Espinoza 9846 Main St. Rancho Cucamonga, CA 91730 0209- 063 -20 Prado Silveria /Harge Calder P.0 Box 3352 Ontario, CA 91761 0209 - 063 -21 /87 C 6 CiTY OF RANCHO CUCAMONGA STAFF REPORT DATE February 19, 1986 TO Mayor and Members of the City Council FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner r r > 19' SUBJECT: ENVIRONMENTAL ASSESSMENT AND VICTORIA P ANNED COMR1NITY AMENDMENT 85 -01 - THE WILLI" LYON COK�ANY A request to amen a Planned onnunsty ext ur ife Victnria Planned Community, to allow a recreational vehicle storage lot with mini- warehouse In the Medium -High (MH) or High (H) land use category, and to allow its operation on a commercial, for rent basis, open to the general public. BACKGROUND: This proposal is a request to amend that portion of tfi—e—MoRm-NnIty Plan Text for the Victoria Planned Community, that prohibits recreational vehicle storage in the Medium High or High land use categories, and further requires that any recreational vehicle storage lot allowed be private. The applicant is requesting approval to develon a commercial recreational vehicle storage lot with mini- warehouse. This request for a recreational storage faciltty is being proposed in fulfillment of the standard for the Victoria Planned Community requiring recreational vehicle storage be provided within each residential land use category of Low, Low - Madium, and Medium, for 25% of the lots or units contained within those lots within the Victoria Planned Community. 'n conjunction with this proposal to amend the Community Planned Text, the Planning Commission has tentatively approved a Conditional use Permit (CUP 85 -26), to develop a recreational vehicle storage facility with mini- warehouse on 4+ acres of land, located on the north side of Base Line, east of the Southern California Edison Utility Corridor Copies of the Planning Commission staff reports are attached for your information. It. CORRESPONDENCE: This Community Planned Amendment has been a vertu as a public hearing in The Daily Report newspaper. 111. FACTS FOR FINDING: Before approving this Planned Community Text Amen ment, —the must determine that the amendment will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposal must be consistent with the intent of the General Plan, and with the Victoria Planned Community. /88 CITY COUNCIL STAFF REPORT February 19, 1986 Victoria Planned Community Amendment 85 -01 Page 12 IV. RECOMMENDATION. The Planning Commission recommends approval of t s Caamun ty Plan Text Amendment. If the City Council concurs, issuance of a Negative Declaration and adoption of the attached Ordinance would be appropriate. Respectfully submitted, Brad Buller City Planner 88:BC:cv Attachments: Planning Commission Staff Report for VPC 85411, January 8, 1986 Planning Commission Resolution 86 -01 Planning Commission Staff Report for CUP 85 -:6, January 8, 1986 Planning Commission Resolution 86 -02 City Council Ordinance Ij9 C CITY OF RANCHO CUCAAMONGA STAFF REPORT DATE: January 8, 1986 TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Bruce Cook, Associate Planner p�'UarptCy �.. � A C z z 1977 I SUBJECT: ENVIRONMENTAL ASSESSMENT AND VICTORIA PLANNED C0.4MUNITY AMENOMENF - H w l L N O i- request to amen t e anned om. un ty text or t MCI; Planned Community to allow commercial recreational vehicle storage and mini- warehouse In the (Medium -Nigh) Residential District Related File: CUP 85 -26 I ABSTRACT: This pr•nposil is a request tc amend that portion of the a=unnuns Plan text for the Victoria Punned Community that Prohibits recreational vehicle stot4od in the I4.111im High or Nigh land use categories, and further requires that any recreatiohal vehirl@ storage allowed he P'lvata. The applicant is requesting approval to develop a commercial recre tinnal vehicle storage lot with mint- warehous *, in the Pedium -111gh land use category on the north side of Base Liue, east of Edison utility corridor II BACKG____ ROUI {p; ThZ Victoria PI, �RRq Community FPquirei that 3REM onnI vehicl stora q pp @ n1 lded within each reslUinllal �i•� use catege ry o� Lpg, "y Iie,� 9 q Melll l for 25% of the Aots 6i" udlla Conte(ned wl�bin lrp�e Idts w�tH1n the Victoria anned Comnuhlty Furthe(�, said R storage Is to be 010'41ded Char an the sit@ of each development, or within the boundaries of he Victoria Planned Community, as a privil@ rpereatlonal vehicle [91 lie lot. The HIii Iam Lyon Company is propcsing this avelopment (CUP 85 -26), to fill this requirement of the Victoria Planned Community III NW��LYS(S_ The Victoria Planned Co.^iwnity encompasses approxlmatdjy T�871racres, and is planned for an ultimate buildout pf over 8,000 Imes Since Its adeptlon In 1981, 2,239 duelllijy lout! 1 3v to it either been developed approved, or planned lilhin V�ctoria see Exhlblt "A "). This equates to a requirement of 560 recreational vehicle spaces /90 ITEM C PLANNING CO3'441SSIO4 '7 ,REPORT r VICTORIA PLANNED C07)m,.,iTT AMENDMENT 85 -01 l January 8, 1986 Page 2 The Community Plan allows the flexibility of providing the RV spaces either on an Individual lot basis, or as a recreational storage lot. The ability to have an RV storage lot within the boundries of Victoria is because of the fret that the Community Plan permits smaller sized lots for single family homes, and these lots would not be large enough to accommodate cn -site storage of recreational vehicles. However, with the development of an RV Comm storage facility, the unity Plan requires that this facility: a. Be a private facility for the exclusive use of Victoria residents. b. Not be located within the Medium -High (MH) or High (H) land use designations (see Exhibit "8 "). The William Lyon Company is proposing the development of a 263 space RV storage lot. Also includea is the provision of nearly 33,000 square feet oI' min:- -:- ahouse storage space, as well as a dwelling unit for a resident caretaker. This RV storage lot would satisfy the need for the 225 RV spaces (see Exhibit "A "). However, for the William Lyon Company to develop the facility as proposed would require an amendment to the Community Plan. The Community Plan specific that any RV storage lot within Victoria be a private faclli.z for the exclusive use of Victoria residents. The Lion Company's proposal is for a commercial, business- for - profit venture open to the general public. The rationale for this approach is the belief that the facility would be better ma.ntained and provide better service for both the residents of Victoria and of the entire City if operated as a commercial venture rather than by a homeowner's group, the likely operators of a private lot. In regard to the current restriction of a RV storage lot in either the "MA" or "H" land -use districts, Staff does not believe this to be the most efficient approach. Instead of regulating the location of RV storage determined by zoning, Staff believes a rore viable approach is to regulate based upon conformance to performance standards That is to say, It makes more sense to determine an appropriate location for such a facility based upon such parameters as site location, access, compatibility to surrounding land uses, quality of design, etc., rather than as to the zoning of the site Another Issue raised as a resmit of thi: proposal is the appropriateness of a mini- warehouse storage facility. The Community Pldn makes no reference to nini -warehousing as a permitted use. An argument can be made that mini - warehousing, i.e., enclosed storage space of personal items, is a related and /9/ PLANNING CON41SSI(,N 'F REPORT VICTORIA PLANNED CO, nITY AMENDMENT 89 -01 January 8, 1986 Page 3 ca.q)limentary use to RV storage. it is just as viable an assumotlon that people who live to the Victoria Community will require enclosed storage space for their personal belongings as well as requiring storage space for their recreational vehicles. IV. FACTS FOR FINDING: Ir order to consider approval of this request., the ann ng omm ssion must find that this amendment is consistent with Victoria Planned Community and the General Plan. V. CORRESPONDENCE: This item has ocen advertised as a public hearing In he a v erg newspaper, the property posted, and notices were s ^_nt to a property owrers within 300 feet of the project site. VI. RECOMENDATION: Staff recommends that the Planning Commission consider a -material and input regarding this project. If the Commission concurs with the Facts for Findings, adoption of the attached Resolutlon and issuance of Negative Declaration would be In order RReespe�ctffilly submit'te( /dd,,�� //J Brad Buller City Planner 9B:BC:cv Attachments: Exhibit 'A• - Victoria Recreational Vehicle Analysis Exhibit •B• - Resolution 81 -37 Conditions Numbers 5 and 6 - General 19a TRACT NO. 11934 + 12044 s • 12045 • 12046 12832 12833 ' 13022 ' 13027 • 13052 13057 13058 • 13059 • 13060 U,ND USE Low Medium Low Medium Loa Low Medium Low Low Medium Low Medium Low Medium Medium Loa Low Medium Lew Medium Medium Low Medium Low TOTAL VICTORIA RY AAALYSIS OF UNITS 123 101 76 271 174 133 117 94 181 157 226 142 202 154 86 2239 0 OF RV SPACES REQUIRED 31 25 19 68 44 34 29 24 45 39 56 36 5o 38 22 4iji 'Tracts on which recreational vehicles storage spaces are provided on Individual lots Number of RV spaces required: _60 Number of RV spaces provided: 335 225 Rd spaces needed Notes: 1. Tracts 11934, 12832 12833, 13022 (Medium L -U only), 13057 and 13058 have no designated RV storage spaces. 2. The total RV storage space of these tracts is -5 spaces. 3. The proposed RV storage lot has 263 spaces. 4, guilt tracts: 11934, 12044, 12045 (partial), 12046 (partial) 5 Tracts under construction: 12045, 12046, 12833 6 Approved tracts 12831, 13022, 13027, 13052 7 Suomitted tracts 13057, 13058, 13059, 13060 i93 6#11317- ?1 Resolutior '10 8: -37 V Page 2 3 The Planned community text shall be revised :n incorporate all Condit -ons of approval where appropriate and to pro- vide revisions in organization of the text iron page 171 tO the end of the text to the satisfaction Of the City Planner 4. Definitions shall be added or deleted to the appendix A to coincide with the additions and /or deletions that h!ve occurred as a result of the revisions in the reguletions section t0 the satisfaction of the City Plannar S. Recreation vehicle storage sha those ll be provided within etch for 25, Of residential then lots use oraunitsycontained i within i medium, units Y within the Victoria Planned Comrunity RV storage shall be provided on the site of each develoment or within the bctndaries of the Planned Corunity as a private recreation venitle storage lot the percent Shell be revised on an annual basis and may be modified by the Planring Commission 6 Pecreation vehicle storage shall not be permitted in the medium -high Or high land use category and shall be restricted by CraRS, subject to review and approval of the City Attorney 7 Affordable housing shall be prov - in accordance with the revised regulations text. Page 225: 8. All tentative tracts shall be reviewed hr the P sign Review COmnittee prior to consideration by the Planning r=- ission and shall Lc=rly with Ordinance 86 - Growth Ma- ahe".en t. 9 iorte-five days after City Council consideration for a "Oval rf the Victoria Planned C.rriunity a revised teit iOcorporatiny all of the ch,rge-, and Organizational changes necessary shall be sucnittzd to the C ty Planne for review a „d comment prior .o a final draft text being reprinted for redistribution to tre City CC-ncil the City Clerk, the 7ldnnirg COrm155iin and Staff It ok” I I I I I t C, RESOLUTION N0. 86 -01 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING COMMISSION RECO.KMENDING APPROVAL OF VICTORIA PLANNED COMMUNITY AMENDMENT 85 -01, TO MODIFY THE COMMUNITY PLAN TEXT TO ALLOW A RECREATIONAL VEHICLE STORAGE LOT WITH MINI-WAREHOUSE AS A PERMITTED USE IN THE MEDIUM -HIGH (MM) LAND USE CATEGORY, AND TO ALLOW ITS OPERATION ON A COMMERCIAL, FOR RENT BASIS OPEN TO THE GENERAL PUBLILC. WHEREAS, on the 8th day of January, 1986, the Planning Commission held a duly advertised public hearing pursuant to Section 65854 of the California Government Code; and WHEREAS, the proposed amendment will provide for recreational vehicle storage lot in fulfillment of the requirements of the Victoria Planned Community. SECTION 1: The Rancho Cucamonga Planning Commission has made the following nn ngs: 1. That the subject property is suitable for the uses permitted in the proposed district in terms of access, size, and compatibility with existing land use in the surrounding area, and 2. That tae proposed Specific Plan Amendment would not have significant impact on the environment nor the surrounding properties; and 3. That the proposed district change 1* in conformance with the General Plan and the Victoria Planned Community. SECTION 2: The Rancho Cucamonga Planning Commission has found that this project wTTT not create a significant adverse impact on the environment and recommends issuance of a Negative Declaration on January 8, 1986. HOW, THEREFORE, BE IT RESOLVED 1. That pursuant to Section 65850 to 65855 of the California Guve *went Code, that the Planning CcMiSSion of the City of Rancho Cucamong, hereby recommends approval of Victoria Planned'Comnunity Anendment 85 -01. /9J- PLANNING COMMISSIOf1_ SOLUTION VICTORIA PLANNED COMMUNITY AMENDMENT 85_01 _ January 8, 1986 Page 2 2. The Planning Commission hereby recommends that the City Council approved and adept Victoria Planned Community Anendment 85 -01 to modify the Community Plan Text as follows: (a) Condition 95 of "General" of Resolution He. 81 -37 to read as follows: "Recreational Vehicle storage shall be provided within each residential land use category of Low, Low - Medium, and within Medium those lots of wlthin lots the or Victoria contained Planned Coucwnfty. RV storage shall be provided within the boundar'es Of the Victoria Planned Community. The percent of - ecreational vehicle storage spaces shall be revised on an annual basis and may be mod4fied by the Planning Commission." (b) Condition 86 of "General* of Resolution Ile. 81 -37 to read as follows: "Recreational Vehicle Storage" shall not be permitted in the Medium -High or High land use category unless within a designated RV storage lot, and shall be restricted by CC b R's subject to the review and storage lo of the ts may be permitted within he boundaries of the Victoria Planned Community subject to the granting o. a Conditional Use Permit by the Planning Commission. Prior to approving a CUP for a RY storage lot, the Planning Commission shall make the following findings: (1) That the sire and configuration of the proposed RV storage lot is adequate for the planned development. (2) That the location of the proposed facility is adjacent to a primary circulation route to permit reasonable access to the facility without resulting in negative impacts for• surrounding properties. (3) That the proposed RV storage lot is compatible with existing surrounding uses, or with those further uses permitted in the land use designations. /S6 PLANNING COMISSIOC - SOLUTION VICTORIA PLANNED COMUNITY AnfIDMIT 85 -01 January 8, 1986 Pare 3 (4) That the proposed RV storage lot would not be detrimental to and result in significant negative impacts for surrounding properties, property owner, and /or residents. (5) That the total number of RV spaces provided, whether as spaces on an individual lot basis or within a RV storage lot, does not exceed more than 25% of the total number of dwelling units in the Low, Low - Medium, a Medium land use categories. Mini - warehousing may be permitted when in conjunction with an RV storage lot developed in conformance to the above referenced requirements (1) A min.- warehouse shall be defined as a structure or group of structures providing enclosed and locked compartments for the dead storage of customer goods and wares where individual lockers or stalls are rented out to different tenants for storage. As w.th the primary RV storage lot, a mini- warehouse facility shall be designed to primarily cater to the needs of the residents of the Victoria Planned Community. (2) RV storage lots when developed with accessory mini- warehouse shall conform to the following development standards: (a) The minimum area of a lot for a mini - warehouse facility shall be 2 acres. (b) The maximum building height shall be 2 stories or 25 ft., except that any building or portion of a building within 25 ft, of the front or street side setback shall have a maximum height of 1 story or 10 ft. (c) Only one point of ingress and egress shall be allowed, unless another is required by the Fire Department. All driveways shall be radius type, and shay have an unobstructed length of 40 ft. from the curb to prevent vehicles and trailers from interfering with traffic flow in the street. /97 PLANNING comissioNr SOLUTION C VICTORIA PLANNED COMUNITY AMENDMENT 85 -0: January 8, 1986 Page 4 (d) Two (2) covered parking spaces shall be Provided esidence /office. Into addition. mono e(1) parking space for every 10,000 sq. ft, of gross floor area, or a minimum of three (3) parking spaces for facilities of less than 30,000 sq. ft. of gross floor area, ttiall be located adjacent to the office for the use of prospective clients. Required parking Shall not be rented or used for vehicular storage. (e) Building materials and treatment shall complement those existing in the surrounding area (f) Outdoor storage area shall be permanently screened so as not to be visible from the Public right -of way or from adjacent lots. (g) All utilities shall be underground. No water, gas or electric service shall be provided to the individual units. (h) On -site, 24 -hour management shall be provided. (1) The Planning Commission shall establish hours of operation as a condition of approval for any conditional use permit granted for fac ulty. a RV storage /mini- wareln •e APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY, 1986. PLAIP COK4ISSION OF THE CITY OF RANCHO CUCAMONGA BY• en 4la nis . tout, a raven ATTEST:_ A j u er, eputy ecre ary /5f PLANNING convisSICir ESOLUTIO11 VICTORIA PLAIIAED COMUITY AMENDMENT 85 -OS- January 8, 1986 Page 5 I, Brad Buller, Deputy 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 adapted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 8th day of January, 1986, by the following vote -to -wit: AYES: COMMONERS: HOES: COMISSIONERS: ABSENT: COMyISSIONERS: BARKER, NCNIEL, CHITIEA, RWEL, STOUT NONE NONE /99 C C CITY OF RANCHO CUCA.AIONGA STAFF REPORT DATE: January 8, 1986 _� TO: Chairman and Members of the Planning Commission FROM: Brad Buller, City Planner BY: Bruce Cook, As %oclate Planner SUBJECT: ENVIRONMENTAL A'.SESSMENT AhD CONDITIONAL USE PERMIT 85 -25 -H N ��[r•JN AN he op deve ment of the commrcial— retreat ona ve lc le storage with mtni- Ccm. ruse on 4.4 acres of land in the Victoria Planned Con,tunity (Hedium -High) Residential, 14 -24 du /ac), located on the north side of Base Line Road, east of the Southern California Edison Utility Corridor APN: 227 - 091 -42. I. PROJECT AND SITE DESCRIPTION: A. Action Re nested: Approval of site plan, elevations, and issuance of a Negative Declaration. B. Surrounding Land Use and Zoning: North - Southern Pacific Railroad; single- family residential, Low - Medium within the Victoria Planned ro^runity (4-8 du /ac) South - Vacant, Industrial planned; Heublein out - parcel within the Victoria East - Vacant,abandonedVineyards; Medium-High Residential within the Victoria Planned Comunity (14 -24 du /ac) Nest - Southern California Edison Utility Corridor C. General Plan Designations: North SiRallroadlRight- OfRNaY; Low- Medium2Resident) ial (4 -8 du /ac) South - High Residential (24 -30 du /ac East - Medium -High Residential (14 -24 du /ac) Nest - Utility Corridor A 0 0 ITEM D PLANNING COHM.ISSIOH `/'cF REPORT / Condittanal Use Perms, 85 -26 January 8, 1986 Page 2 D. Site Characteristlts An 180 fen' by 1,031 foot parcel, an the : north si a of ase Line Road, bounded by the west by the Southern California Edison Utility Corridor, and to the east b vacant residentialndevelopmente(notncont oliledHbyhthelWilliamuLyn CO.). The site ropes to the south at approximately a 3% grade. Eucalyptus windrows are present along the northern and southern site perimeters and a number o existing trees are scattered throughout the Project site. iI. ANALYSIS: A. General: The proposed facility includes 263 recreational vh%Te - parking spaces, seven guest parking spaces, 32,893 square feet of mini - warehouse storage space, and ?,100 square feet cf office and caretaker's residence. Additional facilities Include a recreational vehicle wash and dump station near the project entrance. Architecture along the Base Line frontage is reninisent of a Victorian "railroad depot* design, combining stucco with wood -type siding. Roofing material is proposed as asphalt shingle. A number of trees are present on the project site, including Blue Gum Eucalyptu, trees along both the northern and southern perimeters of the project site. The trees at the northern perimeter are adjacent to the railroad right -of -way. For past projects, the Commission has required that the Iii•ce Gums adjacent to the railroad be removed and replaced by the Spotted Gum (E. maculatta), per the windrow replacement standards as specified in the Etiwanda Specific Plan. The Blue Gum trees along the southern perimeter are at the Base Line frontage, and should be replaced with street trees per Victoria Landscape Standards. In regard to the trees in the site interior, again sufficient information is not available at this time as to their numbers, species, size or precise location. However, at the Design Review meeting, the Committee dio offer the direction that in relation to landscaping of the project site, the primary consideration should be landscaping and desigr, of the project perimeter to soften the visual impacts from off - s4te views into the site, and not internal landscaping of the facility B. Des' 12 Review CamnIttee• The Design Review Comtttte approved t pro ect•sub ect tome following recomerdat Ions: 1. The circulation system should be modified to allow functional use of the pull- through spaces where a vehicle can access a space without having to back -up. ao/ PI ANNING COMISSION S °F REPORT Conditional Use Perm& d5 -26 January 8, 1986 Page 3 2. Potable water should be provided. 3. All roofing material should be tile. 4. In relation to landscaping of the project site, the primary consideration should be the landscaping and design of the project perimeter to soften the visual impacts from off -site views into the site and not internal landscaping of the facility. S. Provide treatments to perimeter walls to soften their visual impacts by such means as using alternating materials, creating shadow lines, vine planting, pocket i ;ets of landscaping. etc. 6. Nall heights should be increased from 6 to 8 feet for means of additional screening and security. These comments have been included into the Conditions of Approval. C. Technical Review Committee: The Technical Review Committee reviewed the pro ect an etermined that with the recommended Conditions of Approval, the project is consistent with the applicable standards and conditions. D. Utility Undergroundina: Overhead utilities exist along the Base Ltne Road frontage of the proposed project. The project has a relatively narrow frontage (178 feet t). To underground the total project frontage' would require extending to the nearest utility poles. To do this would require undergrounding of 400 feet, a distance which is more than double the project frontage. The existing pole line is considerably south of its ultimate alignment; therefore, angle poles may be required at an additional expense. Based on the above, staff recommends that the developer not be required to underground the existing utilities at this time, but rather be required to pay an in- lieu fee as a contributor to a future undergrounding project for a longer reach along Base Line. E. Environmental Assessment: Part I of the Initial Study has been completed the applicant. Staff has completed Part II of the Environmental Checklist and found no significant impacts on the environment as a result of this project. A copy of Pert II of the :n0ronmental Checklist is attached for your review and consideration. A number of existing mature trees are present on the project site. As a means of implenenting City policy of tree preservation, a master plan of trees and tree removal permit shall be required prior to the issuance of building permits. .Z 0.1 PLANNING COMMISSION Fjr'QF REPORT Conditional Use Permit d5 -26 January 8, 1986 Page 4 IV. FACTS FOR FINDINGS: This project is consistent with the Victoria Planned Community as amended, within Victory Planned Community Amendment (VPC) 85 -01 and the General Plan. The project will not be detrimental to adjacent properties or cause significant environmental impacts. In addition, the proposed use and site plan, together with the recommended Conditions of Approval are in compliance with the applicable provisions of the Victoria Planned Community, the Development Cnde and City Standards. V. CORRESPONDENCE: This item has been advertised as a public hearing In The Dail Re ort newspaper, the property posted, and notices were sent to a property owne•s within 300 feet of the project site. VT. RECOMMENDATION: Staff recommends that the Plann'ng Commission cons der a material input regarding this project. If the Commission concurs tilth the Facts for Findings, and Conditions of Approval, adoption of the attached Resolution and issuance of a Negative Declaration would be in order. Respectfully submitted, Brad Buller City Planner 88:BC:cv Attachments: Exhibit "A" - Land Use Map Exhibit "B" - Location Map Exhibit "C" - Detailed Site Plan Exhibit "D" - Preliminary Landscaping Plan Exhibit "E° - Conceptual Grading Plan Exhibit "F" - Building Elevations Initial Study Part II Resolution of Approval with Conditions ao3 t= L NH lk u 4;, - s .t � a L `A f t FER 7. I N,\R Cs It . ? pi.a •t fl..i itV Y—. t. —j 2Mrs w+ RRr RR � RR `„ii r=( RR y : y >• { F 1 . —4 VICTORIA LAKES e RR _i n 1 y t {� � LEND USE LEGEND i■ , � it �` _ p• `� ��� . O uscun4 I RR O �o..sa....... AR OMy� Nq � f O - •....nrw. COMMUNITY PLAN t Victoria A Planned Community . In Rancho Cucamonga " DD E/N Cy F c c rroro.w Hr � nm w 0' ' f G l� i N Q W U 2 U 0 W Ij U N -II o •� I � a J = N U N cgQODU cos � 3 {j i r�•R'ffj I V Z a� Lul V a_ ;;00 //i� ry/ G o w- a4q` cn a a U� I —.ca . f 1 � rifi Waif lip �r aoc 4m ?.A*k 1 `P L� ' I �r Ji I - „ II I lgq- t a Nv- a��vNneo �.•v� ONIOW9 ltlflIOPNOD t�, l ill i 1 !11 s iEltli� ,, , �'- 1�'4�I Jl �� �iE1i•_ � �� III, I,Mll .1lttltE:jteiliilii:c --- T 0 t [ 3 i� r� li Ib r a^ !sl 9 5 7 ' C C CITY OF RA.\CHO L- JCA'tO \CA PART II - INITIAL STUDY ENVIRO:DO„;TAL CHECKLIST DATE:--- L�•L -�4-•f APPLIC:.:T: FILI. ;C DATE: b u 2 —�Qy 19 BLOC P py3 • 2/ �Q PROJECT :Davarz�- CL 'Taxis a 1.+. 6 M LI•.• J W: PROJECT LOCATION: 0IS P6,... •_ n _ r _ y I. ENVIRO:;`.D: \TAL I`iPACTS (Explanation of all "yes" and "maybe" answers are required on attached sheets) YES H4YRE NO 1. Soils and C_ eolo¢v Will the proposal have signizicant results 1n: a. Unstable ground conditionsor in changes in geologic relationships? b Disruptions, displacements, Compaction or burial of the soil? -- C. Change in topography or ground surface contour intervals? d. The destruction, covering or modification of any unique geologic or physical features? _ e. My potential Increase In wind or rater erosion of soils, affectlag either on or off vice conditons? f. Changes in erosion siltation, or deposition? Ile g Exposure of people or property to geologic hazards such as earthquakes, landslides, mud- slides, ground failure, or similar hazards? h M Increase In the rate of extraction and /or use of any mineral resource? 2. Hvdrolocv. pill the proposal have significant results in: A/0 CPage 1 YES MAYBE NO a. Changes in currents, or the course of direction Of flowing streams, rivers, or epheceral scream channels? A b. Changes in absorption rates, drainage patterns, or the rate and acount of surface water runoff? C. Alterations to the course or flow of flood waters? d. Change in the mount of surface water in any body of water? _ x C, Discharge into surface waters, or any alteration of surface water quality? f. Alteration of groundwater characteristics? g Change in the quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? h The reduction in the amount of water other - Wise available for public water supplies? 1. Exposure of people or property to water related hazards such as flooding or seiches? 3 Air Quality. Will the proposal have significant results in: a. Constant or periodic air emissions from mobile or indirect sources? Stationary sources? b. Deterioration of ambient air quality and /or Interference with .ne attair =cnt of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? -- 4. Biota Flora. Will the proposal have significant results In: A. Change in the characteristics of species, Including diversity,•distribution, or number of any species of plants? b. Reduction of the numbers of any unique, rare or endangered species of plants? .7l // -- .aC CC ?age 1 IES 4A1'SE \O e. Int�oductlon of new or disruptive cpecics of pl.mts into an area? -- d. Reductitn in the potential for agricultural production? — Fauna. Will the proposal hale significant results in: a. Change in the characteristics of species, Including liversity, distribution, or numbers of any spt.cics of rnimals? b. Redvctioa of the numbers of any unique, rare er enda•ugered species of animals? _ x e Introduction of new or disruptive species of animals into an area, or result in a barrier to t ^e migration or movement of animals? _ -- d. Deterioration or removal of existing fish or wildlife habitat? 5. Population. Will the propwsal have significant results in: a. Wt'/ the proposal alter the beat a, distri- bucion, density, diversity, or growth rate of the human Population of an area? b Will the proposal affec, existing housing, or create a demand for additional housing? 6. Socfo- Economic Factors. Will the proposal have significant results in: A. Change in local or regional aecle- economic characteristics, including economic or eoczarcicl diversity, tax rate, and property values? b. Will project costs be equitably distributed among project beneficiaries, i.c , buyers, tax payers or project users? -- 7. Land Use and Plannina ronsiderations Will the proposa: have signtt leant results in? a A substantial alt ration of the present or Planned land use of an area? _- b A conflict with any designations, objectives, Policies, or adopted plans of any governmental entitles? -- C. An impart upon the qulaity or quantity of existing consumptive or non - consumptive recreational opportunities? M, CC Page 6 YES YAYBE NO - B. Transo�tionn. Will the proposal have significant results in---" n: ' a. Generation of substantial additional vehicular movement? b. Effects o.. .listing streets, or demand for new street construction' c. Effects on existing parking facilities, or demand for new parking? d. Substantial impact upon existing transporta- tion systems? e. Alterations to present patterns of circula- tion or movement of people and /or goods? _ -- f. Alterations to or effects on present and potential vats - borne, rail, mass transit or air traffic? g. Increases In traffic hazards to motor vehicles, bicyclists or pedestrians? 9 Cultural Reso_ -rtes. will tha praposal have signzflcant result3 in; a. A disturbance to the integrity of arrbacological, paleontological, and /or historical resources? 10. Health. Safetv and Nulsance Factors. Will the proposal tuve sfgnlficant results in: a Creation of any health hazard or potently health hazar..? b. Exposure of people to potential health hazards? _ C. A risk of explosion or release of hazardous substances in the event of an accident? _ d. An Increase in the numbet of Individuals or species of vector or pa.henogenic organisms Or the exposure of ; No to such organisms? IX e. Increase in e-Isting noise levels? f. Exposure of people to potentially dangerous noise levels? S. The creatlin of objectionable odors? h. An increase In light or glare? - -x ais e. An increase in the demand for development of _ new sources of energy? d. An increase or perpetuation of the consumption of non- rcnevable forms of energy, when feasible ienevable sources of energy are available? Aly - - Page 5 YES MAYBE NO 11. Aesthetics. Will the proposal have significant resuacs in: i a. The obstructlon or degradation of any scenic vista cr view? b. The creation of an aesthetically offensive site? c. A conflict with the objective of designated or potential scenic corridors? 12. Utilities sand Public Sorviccs. Will the proposal have -- a significant need for new syjtees, or alterations to the following: A. Electric power? _— b. Natural or packaged gas? ` c. Cvmmunieatlons systems? d. Hater supply? a. Wastewater facilities? —. 4d f. Flood control structures? — X g. Solid waste facilities' — .f h. Fire protection? — I- Police protection? J. Schools? k. Parks or otter recreaciotml facilities? —. 1. Maintenance of public facilities, including roads and flood control facilities? m. Other governmental serva,es? — -- -"2f 11. Enerry and Scarce Resources. Will the proposal have significant rcaul is ln: a Use of substantial or excessive fuel or energy? �- Yu— b. Substantial Increase In demand upon existing sources of energy? e. An increase in the demand for development of _ new sources of energy? d. An increase or perpetuation of the consumption of non- rcnevable forms of energy, when feasible ienevable sources of energy are available? Aly - - Page 5 I CPage 6 YES :Aysr NO C. Substantial anpletion of any nonrenewable jet scarce natural resource? 14 Handatary vindincs of Sienlficance. a. Does the project have the potential to degrade the quality of the environment, subs tantlally reduce the habitat of fish or wildlife species, cause a fish or wildlife population co drop uelw self sustaining levels, threaten to eliml:.nta a plant or animal community, reduce the nt er or restrict the range of a rare or endingetsd plant or animal or eliminate important examples of the major periods of California history or prehistory? -- b. Does the project have the potential to achieve short -term, to the disadvantage of long -ten, environmental goals? (A short -term ledact on the environment is one which occurs in a relatively brief, definitive period of time while long- to= Impacts will endure wail into the future). e. Does the project have impacts which are lndividuzIly limited, but cumulatively considerable? (Cumulatively considerable means that the Incremenral effects of an individual project are considerable when viewed In connection with the effects of past projects, And probable future projects). d. Does the pro have environmental effects which will t e substantial adverse effects on human beinga, either ditectly or lodlretcly? _ II. DISCUSSION OF EMIJRO`.•:TA_ EVALDAT?ON (i a of affl,,,tivc the above questions plus a discussion of proposed 'litigation r •ra to measures). .1Ir III DET_ 4I::ATIC1l Ch. the basis of this Initial evaluation: t—) I find the proposed project COULD nOT have a lignlfitant effect 7�`,_L'� on the enviroroenc, and a \'ECA ;IIi DECL'.RATIO.Y will be prepared. ED I find that although the proposed pro;act could have a significant affect on the envirovent, there will not be a significant effect In this ease becauso the oitigatlon eeasures described on an atta:hed sheet have teen added to cho project A \EGAT1tE DECLIRATIOY WILL BE PFZPARED. ❑ I find the proposed project KAY have a significant effect on the eInvlrnzent, and an E::vIRONMNT IMPACT REPORT Lature DatC - -4 �f� wTa. 'r—Q Tit o -1/6 R' C RESOLUTION NO. 86 -02 A RESOLUTION OF THE RANCHO CUCAMONGA PLANNING C0114ISSIOII APPROVING CONDITIONAL USE PERMIT NO. 85 -26 FOR A RV STORAGE LOT WITH MINI - WAREHOUSE LOCATED 04 THE NORTH SIDE OF BASELINE, EAST OF THE SOUTHERN CALIFORNIA EDISON UTILITY CORRIDOR IN THE MEDIUM -HIGH RESIDENTIAL DISTRICT (14 -24 OU /AC) WITHIN THE VICTORIA PLANNED COMMUNITY. WHEREAS, on the 28th day of August, 1985, a complete application was filed by William Lyon Co. for review of the above - described project, and WHEREAS, on the 8th day of January, 1986, the Rancho Cucamonga Plarning Commission held a public hearing to consider the above - described project. NOW, THEREFORE, the Rancho Cucamonga Planning Comaisslon resolved as follows: SECTION 1: That the following findings can be met: 1. Plan,the theproposed bjectives is of in accord the e General Victoria Planned Community, and the purposes of the district in which the site is located. 2. That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use complies with each of the applicable provisions of the Victoria Planned Coc.mi ty. SECTION 2: That this project will not create adverse impacts on the enviromaent— an—d-Wat a Negative Declaration is issued on January 8, 1986. SECTION 3: That Conditional Use Permit No. 05 -26 1s approved subject to— E�toTTowing conditions: a/7 Planning 1. The approval of this permit is granted subject to the approval and adoption of Yictorta Planned Community Amendment (YPC) 85- 01 by the City Council. With adoption of VPC 85 -01, this project shall conform to all of its requirements for a RY storage lot. 2. The mint- warehouse portion of this facility shall operate only per the parameters of the definition of a mini- warehouse as specified, in the Yictorta Community Plan. 3. The parking spaces within the storage lot shall only be used for the storage of recreational vehicles and for no other purposes. 4. Covered enclosed parking shall be provided for the caretaker's unit. S. A master plan of trees shall be provided and a Tree Removal Permit granted for any trees to be removed prior to the issuance of permits. The existing Blue Gum Eucalyptus shall be removed along the project's northern perimeter and shall be replaced by the Eucalyptus Naculata, minimum 15 gallon size, planted at 8 feet on center. 6. The final design of the Base Line parkway shall be consistent with the approved standird for Base Line Road. This design shall be included in the landscape and irrigation plans submitted for the review and approval of the Planning Division prior to the issuance of permits. 7. The circulation system shall be modified to allow functional use of pull - through spaces where a vehicle can access a space without having to back up. 8. Potable water shall be provided. 9. Al: roofing material on the caretaker's quarters is to be tile to :he satisfaction of the City Planner. 10. The on -site landscaping should be designed with emphasis to screen and soften visual impacts from off -site views. 11. Treatments shall be provided to perimeter walls to soften their visual impacts by such means as using a'ternating materials, creating shadow lines, vine plantings o., wall, etc. to the satisfaction of the City Planner. ,119 Page 3 3 12. Masonry walls are to be provided along all property perimeters. Wall heights shall be increased from 6 to 8 feet for means of additional screening and security. The w_a)1 along Base Line shall be staggered to increase variety and visuel interest. 13. Final plans shall be submitted for the review and approval of the Design Review Committee prior to the issuance of building permits. Engineering 1. The developer's engineer shall provide a vertical alignment design for Base Line Road from Day Creek Boulevard to Victoria Park Lane to be approved by the City Engineer prior to the Issuance of a grading or building permit. The construction of portions of the street improvements may have to be deferred until a longer reach of roadway can be constructed, therefore, and in lieu, cash payment to the City will be required for deferred improvements. 2. The method of draining the site shall be compatible with the design of Base Line Road as approved by the City Engineer. If drainage is to be directed to the south as proposed, an easement from Base Line Road to the retention basin to the south will be required prior to the issuance of a grading or building permit. 3. A detailed flood report for the project shall be prepared by the developers Engineer and approved by the City Engineer prior to the issuance of a grading or building permit. The report shall contain detailed information such as calculations, sections, etc., to justify the proposed designs. In particular an lndepth analysis of the method of protecting the site from flows through the railroad culvert directly to the north of the project (240 cfs shown on the preliminary report) shall be provided. 4. Prior to the issuance of a building permit, the developer shall pay an existing half the s f e the overhead utilitiesfr fronting the oo n Base g sting Line Road. The fee shall be held for contribution to the future undergrounding of the utilities within the project area ai9 Page 4 APPROVED AND ADOPTED THIS 8TH DAY OF JANUARY, 1986. PLbJ1Nj v�CONMISSIO1 0� THE CITY OF RANCHO CUCAMONGA _ Dennis n L. Stout, Chairman ATTEST:,ClliC�(/ r u er, Deputy Secretary I, Brad Buller, Deputy 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 Commlssiou held on the 8th day of January, 1986, by the following vote -to -wit: AYES: COMMISSIONERS: REMPEL, BARKER, CHiTIEA, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE a;x0 y u a 0 6 R 0 hz'r a3'Yr ?e r! ied' zg:g3 a yaa 0-1 rtts. _a2 §zra@ IZ AT g gg 8ey th "CC-Y 84;E9 "eI Y�Z �• 8¢h�8 r1�4 YSrJ6 :g. 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N ''�7'N= - 9Z -S gS eZ 3b . .K_$ . `S S��SG a:E _yti L3eE�3 .�E sr fig° dry asec ka =Y_ tae a g_ '4 �eP -:... z :.- y - 6 "S�r Ya 3r 'fie: _.. . _ s;_ _ e °a ex :s zs 8. ._ zav " a ƒ d ! / \ � G § | 5 | \ 2 & / \ � A � y \ / % / = 5 #�� # � g �lq� 2! � � ` §� � �• - - s! §\gt \. §a# / »•/ • J @; !!!! /| | J ` rob. ! - - @ , -la; . |g�' -., . &; lb. �5a2 � ;� - Sty- ;.. . / \ � G § | 5 | \ 2 & / \ � A � y \ / % / = 5 #�� # j j j2k Ackr ;155�y �.: & & -.� ■w4• \�- \g \!) s! §\gt §a# / »•/ j j j2k Ackr ;155�y �.: & & -.� ■w4• \�- \g \!) � 2 t !| \ Shen {� = \ § 4 - ! ®- ! § / $ \s= \!, @ a#! | 2 ! &-.2 qt {re \r!3#\; \; ig zz §!l =� vili \ § §f 1xi q # %.§. Nib S- it AA (. \ ix � |!� {� |ƒ�( lit AA � \ !� § /\ \ \ 3- A \\ nil \� \ \ be \ \ \ !t§ \ f (\ Z AA (. \ ix � |!� {� |ƒ�( lit AA � \ l � J £ } { ] 7 Q| ! ! |4 � e . 4 ! § �• _ - / �# � � a = • e \, - \ \ =J \1 §\ \ \ t. \ is \ ! /_!. ,z J !q ! C / QI g! 5 2 z A #f ` w -1 Z} \\j j \ r ! sz \ b §\ z \ ` ! ;| ;| !! !! | ■!!; ■ !� ! \! g=/ - \� . \ :t \ � 5— :) g | §Z �� ORDINANCE IR / AN ORDINANCF OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, ADOPTING VICTORIH PLANNED COMMUNITY AMENDMENT 85 -01, TO MODIFY THE COMMUNITY PLAN TEXT TO ALLOW A RECREATIONAL VEHICLE STORAGE LOT WITH MINI- WAREHOUSE IN THE MEDIUM -HIGH (MH) OR HIGH (H) LAND USE CATEGORY, AND TO ALLOW ITS OPERATION ON A COMMERCIAL, FOR RENT BASIS, OPEN TO THE GENERAL PUBLIC. The City G,uncil of the City of Rancho Cucamonga, California, does ordain as follows: following: SECTION 1: The City Council hereby finds and determines the A. That the Planning Commission o` the City of Rancho Cucamonga, following a public hearing held In the time and manner prescribed by law, recommends the Community Plan text amendment hereinafter described, and this City Council has held a public hearing in the time and manner prescribed by law and duly heard and considered said recommendation. B. That this Community Plan text amendment 1s consistent with the General Plan of the City of Rancho Cucamonga. C. That this Community Plan test amendment is consistent with the original intent of the Victoria Planned Community. 0. This Community Plan text amendment will have no significant environmental impact as provided in the Negative Declaration filed herein. SECTION 2: The Cormunity Plan text of the Victoria Planned Community T- Fe —reb—y emended to read as follows: A. Condition /5 of "General" of Resolution No. 81 -37 to r ±ad as follows: 'Recreational Vehicle storage shall be provided within each residential land use category of Low, Low - Medium, and Medium for 25% of the lots or units contained within thuse lots within the Victoria Planned Community. RV storage shall be provided within the boundaries of the Victoria Planned A3 9 Page /2 Community. The percent of recreational vehicle storage spaces shall be revised on an annual basis and may be modifleu by the Planning Commission." B. Condition 16 of "General" of Resolution No. 81 -37 to read as follows: "Recreational Vehic in the Mediu..-n -High within a designate restricted by CC approval of the Ci storage lots may b of the Victoria f granting of a Cond Commission. Prim storage lot, the P following findings: e Storage" shall not be permitted or High land use category unless i RV storage lot, and shall be R's subject to the r .tew and Y Attorney. Recreational vehicle Permitted within the boundaries fanned Community subject to the tional Use Pe-mit by the Planning to approving a CUP for a RV anning Commission shall make the 1. That the size and configuration of the proposed RV storage lot is adequate for the planned development. P. That the location of the proposed facility 1s adjacent to a primary circulation route to permit reasonable access to the facility without resulting in negative impacts for surrounding properties. 3. That the proposed RV storage lot is compatible with existing surrounding uses, or with those further uses permitted in the land use designations. 4. That the proposed RY storage lot would not be detrimental to and result in signi'icant negative impacts for surrounding properties, property owners, and /or residents. 5. That the total number of RV spaces provided, whether as spaces on an Individual lot basis or within a RV storage lot, does not exceed more than 25% if the totat ot;=�?r of dwelling units in the Lox. Law - Medium, and Medium land use categories. Mini- warehousing may be permitted when in conjunction with an RV storage lot developed in conformance to the above referenced requirements. aa9 Page /3 1. A mini- warehouse shall be do-fined as a structure, or group of structures, providing enclosed and locked compartments for the dead storage of customer goods and wares There individual lockers or stalls are rented out to different tenants for storage. As with the primary RV storage lot, a mint- warehouse facility shall be designed to primarily cater to the needs of the residents of the Victoria Planned Community. 2. RV storage lots when developed with accessory mini - warehouse shall conform to the following development standards: a. The minimum area of a lot for a mint - warehouse facility shall be 2 acres. b. The maximum building height shall be 2 stories or 25 feet, except that any building or portion of a building within 25 feet of the front or street side setback shall have a maximum height of one -story or 10 feet. c. Only one point of ingress and egress shall be allowed, unless another is required by the Fire Department. All driveways shall be radius type, and shall have an unobstructed length of 40 feet from the curb to prevent vehicles and trailers from interfering with traffic flow in the street. d. Two (2) covered parking spaces shall be provided adjacent to the manager's residence /office. In addition, one (1) parking space for every 10,000 square feet of gross floor areas, or a minimum of three (3) parking spaces for facilities of less than 30,000 square feet of gross floor area, shall be located adjacent to the office for the use of prospective clients. Required parking shall be rented or used for vehicular storage. e. Building materials and treatment shall complement those existing in the surrounding area. X30 Page /4 f. Outdoor storage area shall be permanently screened so a-, not to be visible from the public right - of-way or from adjacent lots. g. All utilities shall be underground. No water, gas or electric service shall be provided to the individual units. h. On -site, 24 -hour managegmt shall be provided. I. The Planning Comission shall establish hours of operation as a Condition of Approval for any Conditional Use Permit granted for a RV storage /mint- warehouse facility. PASSED, APPROVED, and ADOPTED this * day of *, 19 *. AYES: NOES: ABSENT: on a s, -Mayor ATTEST: every A. Authelet, ty er I, BEVERLY A. AUTHELET, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the City Council of the City of Rancho Cucamonga, at aafregu1ar (special, adjourned) meeting of said City Council held on the * day Executed this * day of *, 19** at Rancho Cucamonga, California. everly A. Authelet. City Clerk A:I/ ;t3]L Dour N d « 9 C A d N Y .'l � N 0 W u � t n Z L e M+ i I- W p O itl i Y L d U a ` u11 O Z �Ji 6 O A O O N L A = p W Z u a ¢ A IL � Y pal O d ydi N L M N d 0 A J C d o 0 v Lo Z Z y N {I� LI \ 01 C OI OI A U N a m � C ;t3]L Dour ELLENA ECA 1792 N. EUCLID AVE UPLAND, CA 91786 SOUTHERN PACIFIC CO SOUTHERN PACIFIC CO. SOUTHERN CALIFORNIA EDISON COMPANY P.O BOX 800 ROSEMEAD, CA 91770 R J REYNOLDS TOBACCO COMPANY 401 N MAIN ST WINSTON -SALEM NC 27102 DEL MONTE CORPOR.ITION P.O. BOX 3575 SAN FRANCISCO, CA 94119-. TRANS -WEST SHIPPING INC 12471 BASELINE AVE ETIWANDA, CA 91739 RANCHO CUCAMONGA LODGE BPOE 2570 P.O. BOX 662 ETIWANDA, CA. 91739 SOUTHERN CALIFORNIA EDISON COMPANY P.O. BOX 800 ROSEMEAD, CA. 91770 SOUTHERN CALIFORNIA EDISON C(,MPANY P.O. BOX 800 ROSEMEAD, CA. 91770 FOOTHILL ASSOCIATES 19 CORPORATE PLAZA NEWPORT BEACH, CA 92660 1 — CITY OF RANCHO CUCAAtONGA STAFF REPORT DATE: February 19, 1986 �O G�erpiCr c I r C p 0! U 2 G S 1977 TO: Mayor and Members of the City Council FROM: Jack Lam, AICP, Community Development Director BY: Otto Kroutil, Senior Planner SUBJECT: AN AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF RANCHO U ON 10 HE CARYI DEVELOPMENT COMPANY U R D LAND COMPANY. ND MAXLdUKUUUM N - Kelative to properties located between the extens on of Banyan Avenue and Highland Avenue on the north and south, and between the extension of Rochester and Milliken Avenues on the east and west - APN 225 - 141 -08, 12 -19; 225- 151 -01 through 03, 07, 08, 10 -13. ?. ABSTRACT: The developer is requesting an amendment to the nexat on and Development Agreements for the Caryn Planned Community, modifying certain key provisions dealing with park and school issues. The Planning Commission reviewed the proposed modifications and recommends approval of the Amendment to the City Council. II. BACKGROUND: On March 20, 1935, the City and the developers entered nth— Development Agreement relative to the Caryn Pla••ad Community outlining the conditions under which the project wo�id develop. In brief summary, the agreement called for the development of the 248 acre site bounded by High'and and the future extensions of Milliken, Banyan and Rochester. The agreement outlined the development of 933 single family homes under Tentative Tracts 12642 and 12643. The development included a 7 acre park site donated by the owner. In addition, the agreement specified provisions dealing with improvements, timing and phasing, fees, and numerous other items. The Etiwanda School District has since decided it needs a 5.4 acre elementary school site in the center of the Caryn Planned Community where the park site would be. In order to satisfy the objectives of both the City and the School District, the owners are proposing modifications to the existing agreement. Key points of the proposed amendments are outlined below: a3Y CITY COUNCIL STAFF REPORT CARYN DEVELOPMENT COMPANY February 19, 1986 Page 2 1. In place of park donation, the developers will provide and fully develop a 5.4 acre elementary school facility As an equivalent to the original park site. the developers will donate to the City the sum of S ?50,000.00; 2 The amount will be designated as having been provided in the name of Caryn Di'Iorio; 3. The amount will be paid as building permits are issued except, with the respect to those permits issued before the Development Agreement is amended, the prorata amount will be paid at the time of amendment; and 4. In addition to the 933 lots presently approved under the tentative tract maps, the City will approve additional lots on those remaining portions of land. The revised Tentative Tract Maps 12642 and 12643 approved by the Planning Commission indicate seven (7) additional lots would be developed if this agreement is amended as proposed. III. ANALYSIS: The proposed change represents a departure from the original concept, in that the park location around which all the residential areas are clustered would be replaced by an elementary school site The system of pedestrian greenways connecting the central site with all areas of the community would remain intact. That portion of the community below the major east /west spine road (Vintage Drive) would remain unchanged. Minor changes in the areas above the spine would extend two cul -de -sacs to provide two (2) additinnal lots in Phase I (TT 12642) and five (5) additional Iris in Phase II (TT 12643) of the project (please see new and old lot layouts). The proposed revisions solve the school problem by providing a school facility in accordance with the Etiwanda School District's requirements. Substitution of funds for the original site will add substantially to the City's comprehensive park program. The Community Services staff has been involved in detailed discussions and indicate their support for the revised concept. IV. ENVIRONMENTAL REVIEW: The attached Initial Study indicates that no s gn cant env ronmentaI impacts are anticipated as a result of the proposed change The Issuance of a Negative Declaration is therefore recommended should the Amendment be approved. A3s CITY COUNCIL STAFF REPORT CARYN DEVELOPMENT COMPANY February 19, 1986 Page 3 V. COUNCIL ACTION RE11ESTEO: Development Agreements and their amendments requ re approvaiby by by the City Council. Tonight the Council is asked to review the proposed Amendment to the Annexation and Development Agreement and conduct first reading of the Ordinance. Vi. RECOMMENDATION: The Planning Commission recommends approval of the proposed FenZuent. Should the Council concur, adoption of the attached Ordinance amending the Annexation and Development Agreement would be appropriate. Respectfully submitted, Jack Lam, AICP Community Development Director JL:OK:ko Attachments: Exhibit •A• - Approved Project Exhibit •B• - Proposed Revisions Exhibit •C' - Amendment to Annexation and Development Agreements Exhibit 'D• - Initial Study, Part II Exhibit 'E• - Planning Commission Resolution Recommending Ap;.reval Exhibit 'F• - Ordinance Approving the Amendment asc E EXHIBIT ;° ,%37 Approved Project EXHIBIT '$' Proposed Revislons Asa RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Rancho Cucamonga 9320 "C" Baseline Road Rancho Cucamonga, California 91730 -0807 AMENDMENT TO ANNEXATION AGREEMENT AND DEVELOPMENT AGREEMENT This Amendment to Annexation Agreement and Development Agreement (the "Amendment ") is made and entered into as of this — day of February, 1986, by and among the City of Rancho Cucamonga ( "City "), a municipal corporation, The Caryn Develop- ment Company ( "Caryn "), a California corporation, Kaufman i Broad Land Company ( "KaB "), a California corporation, and Marlborough Development Corporation ( "MDC "), n California corporation. Caryn, K&B and MDC are sometimes herein referred to collectively as "Owner ". R E C I T A L Ss WHEREAS, the City and Owner are parties to that certain Annexation Agreement, dated December 19, 1984, and recorded in the Official Records of San Bernardino County on March 4, 1985 as Instrument No. 85- 049652 (the "Annexation Agreement "); WHEREAS, City and Owner are parties to that certain Development Agreement, dated March 20, 1985, and recorded in the Official Records of San Bernardino County on March 29, 1985 as Instrument No. 85- 074369 (the "Development Agreement "); lr ". 3z26zd 1 / � 1/28/86 A s5 WHEREAS, as part of the City Development Approvals, the City has heretofore approved Tentative Tract Nap Number 12642 (the property therein depicted being herein referred to as "Phase I "), and the City has heretofore approved Tentative Tract Nap Number 12643 (the property therein depicted being herein referred to as "Phase II"). Phases I and II are sometimes hereinafter collectively referred to as the °Property ". WHEREAS, Owner and City desire to amend the Annexation Agreement and Development Agreement as hereinafter set forth. Unless otherwise defined herein, defined tens shall have the same meaning as set forth in the Annexation Agreement or Develop- ment Agreement, as the case may be. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good, valuable and sufficient consideration, the receipt of which is hereby acknow- ledged, the pdrties Lereto agree as follows: 1.0 Park Site and Park Fees. 1.1 Paragraphs 1.3(d) and 3.7 of the Annexation Agreement and paragraphs 2.7 and 2.9(d) of the Development Agreement are hereby deleted in their entiretyr and clause (b) of Paragraph 2.4 of the Development Agreement and Clause (b) of Paragraph 3.5 of the Annexation Agreement are hereby modified in order to delete therefrom the references to the "Park Site ". 1.2 Owner agrees to contribute to the City the sum of $750,000 (the "Park Contribution ") on the te.ms and subject to the conditions hereinafter set forth. The Owner's agreement to contribute the Park Contribution is in full satisfaction of (a) the obligation and requirement of the Owner, as set forth in the City Development Approvals (including former Paragraph numbered 3.7 of the Annexation Agreement and Paragraph numbered 2.7 of Development Agreement, and as may otherwise be described in Exhibits B, C. D, and E to the Development Agreement), to design, 3:26:d 2 1/28/86 a Ito improve, and dedicate or donate the Park Site to the City, and (b) any fee, exaction or imposition which may now or hereafter be imposed upon Owner by the City for park, recreation or open space purposes in connection with the 1•.velopment of the Property (including without limitation the City's Ordinance Number 105). 1.3 The Park Contribution shall be payable on a pro rate basis (calculated by dividing the Park Contribution by the number of single family residential lots approved for development in the Property, including those lots described in Paragraph 2.1 hereof) at the time each building permit for a residential dwelling to be constructed upon the Property by Owner is issued by the City to the Owner. By way of illustration only, and assuming that the number of single family residential lots approved for development is 940, the Park Contribution shall be payable at the rate of $797.87 for each building permit in fact issued to Owner for the Property. In the event that the City has or will issue building permits to Owner for dwelling units within Phase I prior to the time that the referendum period (as provided 'n Section 65867.5 of the California Government Code) shall have e.,, red, the pro rata portion of the Park Contribution which would otherwise have been paid at the time of the issuance of su-+ builaing permits shall be payable in lump sum upon the ex) ration of said referendum period. 1.4 The Park Contribution is and shall be paid by the Owner in the name and memory of Caryn Dilorio, and to the extent permitted by law, the City agrees to acknowledge such identifica- tion in connection with any project or purpose to which the City expends the Park Contribution. 2.0 Revised Tentative Mans. 2.1 The City has heretofore or concurrently herewith (a) approved the revisions or amendments to Tentative Tract Maps numbered 12642 and 12643 reflecting the use of a portion of the former Park Site as additional single family residential lots 3:26:d 3 1/28/86 Ay/ ('Additional Lots "). and W. taken such other actionb as may be necessary or appropriate to authorize the lawful subdivision and development of the Additional Lots as single family residential lots. City hereby deletec Condition numbered 107 of Exhibit B to the Development Agreement and designated as Ordinance No. 246 -A, and hereby amends the Planned Community Text /Development Plan attached as Exhibit B to the Development Agreement in order to reflect and autnorizo the Additional Lots in lieu of a portion of the Park Site; to the extent that any provision of the Planned Community Text /Development Plan is inconsistent with the forego- ing or any other provision of t::is Amendment, the s"e shall be deemed superseded by the terms of this Amendment. City agrees that Owner shall have the right to construct single family residences upon the Additional Lots in the same manner and subject to the same provisions of the Development Agreement as if such Lots were part of the Property at the time the Development Agreement was executed, and that such Lots shall for all intents and purposes be deemed part of the Property and be subject and entitled to the be.efits of the Development Agreement. 2.2 owner agrees that, with respect to the Additional Lots, Owner shall not improve such lots with single family resi- dential dwellings which have less than 900 square feet. 3.0 School Requirements. 3.1 Conditions numbered 96, 110, 111, 112, 113, 114, and 115 of Exhibit B to the Development Agreement and designated as Ordinance No. 246 -A, Conditions of Approval numbered 11 and 34 set forth in Resolution 85 -06 and attached as Exhibit C to tie Development Agreement and the counterparts thereof with respect to Phase II (including withont limitation Condition numbered 3 in Section 2 of Resolution 85 -77), are hereby deleted in their entirety. The City acknowledges and agrees that Owner's obliga- tions pursuant to Paragraph 2.9(a) of the Development Agreement and Paragraph 1.3(a) of the Annexation Agreement with respect to the Property have been fully satisfied. 3:26:d 4 1/28/86 2Y1. 3.2 City hereby agrees that Owner shall not be requir- ed to pay any fees, compensation or other consideration for or in respect of schools or schooling, whether by way of impact measure or otherwise, and whether designated as SB201 fees or other exactions, and whether for temporary or permanent facilities, in connection with the development or improvement of the Property or any portion thereof. Furthermore, City agrees it will not take any step to impose (or cause to be imposed) any fee respecting schools or schooling in connection with the recordation of any tract map for the Property, the issuance of building permits, the issuance of certificates of occupancy, or any other approval required for the development or occupancy of the Property, and will not oppose (or, if requested by Owner, fail to support) Owner's development of the Property or any application for the approval of any governmental authority of Owner's development of the Property. 3.3 The City hereby acknowledges, represents and covenants that the use of a portion of 'he former Park Site as and for a school facility is a permitted and acceptable use for such property. 4.0 Status of Caryn. 4.1 Pending the recordation of the deed conveying Phase I1 to RiB and MDC, (a) any approval or consent that is required or is permitted to be given pursuant to the Development Agreement or the Annexation Agreement by Owner, shall be deemed to have been given on behalf of the Owner if given solely by A6B and MDC, and (b) any amendwent or modification to the Development Agreement or the Annexation Agreement executed by RaB and MDC shall be binding upon each of the entities which comprise Owner, including Caryn. Upon and following the recordation of a deed conveying Phase II to R6B and MDC, Caryn shall cease to be a party to the Development Agreement and the Annexation Agreement, and shall not be deemed an Owner for any purpose under said Agreements. 3:26:d 5 1/28/86 3Y-3 4.2 In furtherance of Paragraph 4.1 above, Caryn hereby designates and appoints kie and MDC its agent, and attorney -in -fact, to act for and in its stead in connection with any mutter concerning the giving of any consent or approval which gay be required or may be given pursuant to this Agreement, and otherwise to act for and in the name of, and full power to bind Caryn, in connection with any matter concerning or affecting this Development Agreement. 5.0 Miscellaneous. 5.1 Except as hereinabove expressly provided, the Development Agreement and Annexation Agreement shall be deemed in full force and effect, and shall not be deemed amended or modified in any respect whatsoever. 5.2 This Amendment has been executed in one or more i counterparts each of which when so executed shall be deemed an original and all of which shall constitute one and the same k� instrument. IN WITNESS WHEREOF, this Amendment to Annexation Agreement and Development Agreement is made and entered into as of the day and year first above written. THE CITY OF RANCHO CUCAMONGA, a Municipal corporation By: Its: Mayor ATTEST: The City Clerk of The C ty of Rancho Cucamonga 3:26:d 6 1/28/66 -ayy APPROVED AS TO FORM AND SUBSTANCEt James Markman, City Attorney THE CARYN DEVELOPMENT COMPANY, a California corporation By: Its: By: STATE OF CALIFORNIA ) )ss. COUNTY OF ) On day of , 1986, before me, the under- signed, a Notary Public n and for said state, personally appeared personally known (or proved to me on the bas s o sat s actory evidence) to be the person who executed the within instrument as the ' and personally known to ma or proved to me on the basis of set sfactory evidence) to be the person who executed the within instrument as the of the Corpora- tion that executed the within instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Witness my hand and official seal. Notary's Signature Type or Print Notary's Name _ 3:26td 7 1/2e/86 Aq-r KAUFMAN AND BROAD LAND COMPANY, a California corporation By: Its: By: Its: STATE OF CALIFORNIA I )89. COUNTY CF ) On this day of , 1986, before me, the under- signed, a Notary Public n and or said state, personally appeared personally known (or proved to me on the bas s of sat sfactory evidence) to be the person who executed the within instrument as the ' and personally known to ma or proved to me on the basis of sat s actory evidence) to be the person who executed the within instrument as the of the Corpora- tion that executed the within—Instrument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Fatness my hand and official seal. Notary's Signature Type or Print Notary's Name 3:26:d S 1/28/86 2f/( MARLBOROUGH DEVELOPMENT CORPORATION, a California corporation By: Its• By: Its: STATE OF CALIFORNIA ) )ss. C(V Y OF ) On day of , 1986, before me, the under- signed, a Notary Publie n anted for said state, personally appeared personally known (or proved to me an the bas s o sat s actory evidence) to be the person who executed the within instrument as the ' and personally known to me or proved to me on the basis of sat s actory evidence) to be the person who executed the within instrument as the of the Corpora- tion that executed the within instiument and acknowledged to me that such Corporation executed the within instrument pursuant to its By -Laws or a Resolution of its Board of Directors. Witness my hand and official seal. Notary's Signature Type or Print Notary's Name 3.26:d 9 1/29/86 �2N7 CITY OF RANCHO CUCAMO \GA PART II - INITIAL STUDY ENVIRONMENTAL CHECKLIST DATE FILING DATE: LOG SURER.• PROJECT LOCATI0:7:__J�/ '1�G4nN� ��t7 MICLYG I. EN'VIRON.'EN'TAL i1fPACTS 7_— (Explanation of all "yes" and "eaybe" answers are required on attached sheets). avo YES KV.BE NO 1 Soils and Geoloay. Will the proposal have signiticant results in: a Unstable ground conditions or in changes in geologic relationships' b. Disruptions, displacements, cocpaction or burial of the soil? l c Change in topography or ground surface contour intervals? L d. The destruction, covering or modification of any unique geologic or physical features? L e Any potential increase in wind or water �- erosion of soils, affecting either on or off site conditons7 f. Changes in erosion siltation, or deposition? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, cud - slides, ground failure, or similar hazards? 1 h. An increase in the rate of extraction and /or use of any mineral resource? / 2. Hydr.,loev. Will the proposal have significant results in: avo Page 2 a. Constant or periodic air emissions from mobile or Indfrece sources? Stationary sources? b. Deterioration of ambient air quality and /or Interference With the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? 4. Riot, Plora. Vill the proposal havt significant results Sn: a. Change in the characteristics of species, including diversity, distribution, or number It any species of plant:? -- b. Reduction of the numbers of any unique, rare L or endangered species of plants? a49 — — YES MAYBE `0 a. Changes in currents, or the course of direction Of flowing streams; rivers, or ephemeral stream channels? / b. Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? / c. Alterations to the course or flow of flood -- waters! -- d. Change in the amount of surfaca water in any body of water., e. Discharge into surface waters, or any -- alteration of surface eater quality? f. Alteration of groundwater characteristics? S. Change in th0 quantity of groundwaters, either through direct additions or with- drawals, or through interference with an aquifer? Quality? Quantity? h The reduction in the amount of vatar other - wise i-L available for public water supplies? i Exposure of people or property to water related hazard, L such as flooding or seiches? 3. Air Quality 11111 the proposal have significant results in: a. Constant or periodic air emissions from mobile or Indfrece sources? Stationary sources? b. Deterioration of ambient air quality and /or Interference With the attainment of applicable air quality standards? c. Alteration of local or regional climatic conditions, affecting air movement, moisture or temperature? 4. Riot, Plora. Vill the proposal havt significant results Sn: a. Change in the characteristics of species, including diversity, distribution, or number It any species of plant:? -- b. Reduction of the numbers of any unique, rare L or endangered species of plants? a49 — — ?age 7 YES `:AYBE %0 c. Introduction of new or disruptive species of plants into an areal / d Reduction in the potential for agricultural — -- Production? --1 Fauna. Will the proposal have significant results In: a Change in the characteristics of species, Including diversity, distribution, or numbers of any special of animus? / b Reduction of the numbers of any unique, rare or erdargered species of animals? c. Introduction of new or disruptive species of animals into an area, or result in a barrier to the migration or =vacant of animals? f— d. Deterioration or removal of existing fish or Wildlife habitat? / 5 Population. Will the proposal have significant .L results in: a Will the proposal alter the location, distri- bution, density, diversity, or grouch rate of the human population of an area? b Will the proposal affect existing housing, or create a demand for additional housing? 6. BOeia -Ea nomiC Faetcrs. Will the proposal have elgn3f scant LGeults in: a. Change in local or regional socio- econamic eharactnristics, inel ding economic or commercial diversity, tax rate, and property -as? / Val b. Will project coats be equitably distributed among project beneficiaries, i G buyers, , tax payers or project users? / 7. ?and Use and Plannina Considerations W111 the -- proposal have s3gmflcant results in' a A substantial alteration of the presert or Planned land use of an area? / b. A conflict With any designations, objectives, Policies, or adopted plans of any governmental entitles? / c. An impact upon the qulaity or quantity of — existing consumptive or non - consumptive recreational opportunities? fro — Page G fir/ YES YAYSE NO g. Transoortatlon. Will the proposal have significant results in: a Generation of substantial additional vehicular =vacant? / b Effects on existing streets, or demand for new street construction? c Effects on existing parking facilities, or demand for new parkins? d. Substantial impact upon existing transporta- — tion systems? —_ e. Alterations to present patterns of circula- tion or movement of people and /or goods? f. Alterations to or effects on present and -- Potential watnr -borne, rail, mean transit or air traffic? — g Increases in traffic hazards to motor vehicles, bicyclists or pedestrians? 9. Cultura_ lResources. Will the proposal have significant results in: a A disturbance to the integrity of Archaeological, Paleontological* and /or historical resources? 10 Health. Safetv and Nuisance Factor,. Will the proposal have significant results ?s. a. Creation of any health hazard or potential health hazard? -- b Exposure of people to potential health hazards' c. A risk of explosion or release of hazardous substances in the event of An accident? d. An increase in the number of individuals --L or species of vector or pathenogenic organisms or the exposure of people to such organisms? e. Increase in existing noise levels' / I. Exposure of people to potentially dangerous yL noise levels? k _ -- f9. The creation of objectionable odors? { h. An increase in light or glare? i• l �G fir/ page 5 A S.1 YES MAYBE NO 11 es ca. W111 the Proposal have significant r results ults in: a The obstruction or degradation of any scenic vista or view? -- z b• The creation of an aesthetically offensive site? / c. A conflict with the objective of designated or potential scenic corrldors? / 12. Utilities and Public Services. Will the proposal have a significant need for new systems, or alterations to the following: a• Electric power? b. Natural or packaged gas? -- / L e. Cc=nieations systems2 d. Water supply? e. Wastewater facilities? .L f Flood control structures? -Z g• Solid waste facilities? h Fire protection? — -- 1 1. Police protection? Z J. Schools? _. k. parks or other recreational facilities? 1. Maintenance of public facilities, Including _L roads and flood control facilities? —_ m. Other goveroeental services? / 17. Enere9 and Scarce R so rcea. W111 the proposal have -- 1 algnSficanc results in: a. Use of substantial or excesaive fuel or energy? 1 b. Substantial Increase in demand _ upon existing sources of energy? e. An increase in the demand for development of -- new sources of energy? d. An increase or perpetuation of tha tons�op[Son of non - renewable forms of energy. when foaslble renewable sources of energy are available? / A S.1 Page 6 YES XAYSE NO e. Substantial depletion of any nonrenewable or scarce natural resourca? / 14 Mandatory Findings of SIC, lfltance. a. Does the project have the potential to degrade the quality of the environ_ent, substanclally reduce the habitat of fish or vildllfe species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant ar anloal coeunity, reduce the n=aer or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California hlstcty ar prehistory? / D Does the project have the potential to achieve short -ter, , to the disadvantage of long -[em environmental goals? (A short -tern !spec. on the environment is ore which occurs In a relacivsly brief, definitive pnr!od of time while long. to= impacts will eadu:e well into the future). c. Does the project have impacts which are r Individually limited, but cumulatively considerable? (Cumulatively considerable means that the Incremental effects of an Individual project are considerable when viewed In connection with the effects of past projects, and probable future projects). / d. Dois the project have environmental effects whch will Cause substantial advaraa effects on human beings, either directly or indlrectiy? II DheCa6ovoNqueatlona0plua a d cuasionu of ( proposed affir aion canswers)to %2 � lG - �1zo�d:.aL, 4dJct�� '�thC�i/r�rr 5r7 1165�r A 7Z�nt� SSE , GOf�L/ ztL� /Wad �rcr�,�N•sL. AS3 III DETMIII`:ATI0:7 Page 7 V o 6asiu of this initial evaluation: find the proposed project COLT) NOT have a significant effect n the nviroo,ent, and a NEGATIVE DECLtRATIOY will be prepared. find that although the proposed project could have a significant effect on the environ=ont, there will not be a significant effect In this case because the nitigation eaasures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION NI.L RE PREPARED. I find the proposed project MAY have a slgnil ca fe on the ED envirnment, and an ENVIRO.%-.M7 L` @ACT REpOg�[ Is re r Data_ As I/ RESOLUTION NO. 86 -25 A. RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF AN AMENDMENT TO THE ANNEXATION AGREEMENT AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMOAGA AND THE CARYN DEVELOPMENT COMPANY, KAUFMAN AND BROAD LAND COMPANY, AND MARLBOROUGH DEVELOPMENT CORPORATION, IN RELATION TO THE - kOPERTY GENERALLY LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND HIGHLAND AVENUE ON THE NORTH AND SOUTH, AND BETWEEN THE EXTENSION OF ROCHESTER AVENUE AND MILLIKEN AVENUE ON THE EAST AND WEST WHEREAS, the City and owners are parties to an Annexation Agreement, da ed December 19, 1984 and recorded in the official records of San Bernardino County on March 4, 1985; and WHEREAS, the City and owners are parties to a Development Agreement, dated March 20, 1985 and recorded in the official records of San Bernardino County on March 29, 1985; and WHEREAS as part of the City's development approval, the City has approved Tentatioe Tract Flaps 12649 and 12643; and Ww ,(EAG, the City and owners desire to amend the Annexatioa and Development Agreement as outlined in the attached amendment. NOW. THEREFORE, the Planning Commission of the City of Rancho Cucamonga does herehy recommend approval of the amendment to the City Council The issuance of a Negative Declaration 4S also recommended BY APPROVED AND ADOPTED THIS 12TH DAY OF FEBRUARY, 1986. COMMISSION OF THE CITY OF RANCHO CUCAMONGA er, a.r r Exa11b[t sstsz PLANNING COIIiISSION RESOLUTION NO. CARYN DEVELOPMENT COMPANY February 12, 1986 Page 2 !I, Brad Buller, Deputy Secretary of the Planning CAnission of the City of Rancho Cucamonga, do hereby certify that the foregr.ng Resolution was duly and regularly introduced, passed, and adopted by th, Planning Commission of the City of Rancho Cucamonga, at a regular meeting r the Planning Commission held on the 12th day of rebruary, 1986, by the foll,.oing vote -to -wit: AYES: COMMISSIONERS: CHITIEA, REMISE, BARKER, MCNIEL, STOUT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NOISE ash ORDINANCE NO. M0who; 1D 0 gg AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA APPROVING AN AMENDMENT TO THE ANNEXATION AND DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF RANCHO CUCAMONGA AND THE CARYN DEVELOPMENT COMPANY, KAUFMAN AND BROAD LAND COMPANY, AND MARL80R0GH DEVELOPMENT CORPORATION RELATIVE TO PROPERTIES LOCATED BETWEEN THE EXTENSION OF BANYAN AVENUE AND HIGHLAND AVENUE ON THE NORTH AND SOUTH, AND BETWELH ImE EXTENSION OF ROCHESTER AND MILLIKEN AVENUES ON THE EAST AND WEST - APN 225 -141- 08, 12 -:9. 225 - 151 -01 THROUGH 03, 07, 08, 10 -13. WHEREAS, the City is a party to that certain Annexation Agreement, dated December 19, 1984, and recorded In the Official Records of San Bernardino County on March 4, 1985 as Instrument No. 85- 049652 (the `Annexation Agreement'); and WHEREAS, the City is a pa ^ty to that certain Development Agreement, dated March 20, 1985, and recorded in the Official Records of San 8-- nardino County on March 29, 1985 as Instrument No. 85- 074369 (the 'Development Agreement *); and WHEREAS, the Planning Comaission recomnmds that the Annexation Agreement and Development Agreement be amended as rereinafter set forth. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: That amendment to the Annexation and Development Agreement, a true and correct copy of which is attached to this Ordinance as Exhibit •C• and incorp•ra -ed herein by reference, hereby is approved and the Mayor and City Clerk hereby are ruthorited to exe:ute said amendment on behalf of the City of Rancho Cucamonga. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its oassage at least once in The Daily Report, a newspaper of general circulation published in the City Ontar o, a tfornia, and circulated in the City of Rancho Cucamonga, California. pw fr Af zts7 - -STAFF REPORT cl�� 6 17" Date: February 19 1986 To: Mayor and Members of City Council From: JI t. Admintstrative Services - •-eetor Subject: loess License Amendmonta When the business license ordinance and procedures were established upon incorporation in 1977 the initial ordinance established the to ra of the license to be based on the calendar yea- with licenses e•piring on Decembe- 315t. At that time the number of licenses were a managable number altnough p ik work Wade occurred during the months of December, January and February Currently, there are approximately 5,000 active bus:nea.ies within Rancho Cucamonga With tots growth •ate, computerization of the licensing function became necessary ano was accomplished with final acceptance of the system in aid -1985 At that time It was determined the workload could evcntaally be spread throughout the year if the City established the business license petted to x one year (12 months) from the .nitial start date of the busl,.eas That way busineoaes opening in October. Nove:mbet and through mid- Dece -ber of any particular year would not be subject to buvness license fees again the following January but rather upon their annual renewal To effecutatc the change to annual staggered renewals, Title 5, Chapter 5 04 of the Municipal Code must be amended Attached for Councils con- sideration are the oectloas being modified Only those sections calling out that renewals are based on a calendar yeir have been amended These arc the sections reflected in the attached document Othe "Ise, the text of the ordinance remains intact That cne Rancho Cucamonga Municipal Code 5 04 be amended to reflect all license fees be due and payable one year (12 months) from initial start date then each one year period thereafter JN /tl A S B ORDINANCE NO. 21 -B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AMENDING CERTAIN SECTIONS OF CHAPTER 5.04 OF THE RANCHO CUCAMONGA MUNICIPAL CODE PERTAINING TO BUSINESS LICENSES. The City Council of the City of Rancho Cucamonca does hereby ordain as follows: SECTION 1: Section 5.04.020A of the Rancho Cucamonga Municipal Co�F:ereby amended to read, in words and figures, as follows: "A.'BUSinees' means and includes professions, trades, occupations and every other kind of calling carried on for profit or livelihood whether or not a profit or livelihood is earned thereby." SECTION 2: Section 5.04.020E of the Rancho Cucamonga Municipal Coe s ereby amended to read, in words and figures, as follows: "E.'Gross payroll' shall include all salaries of owners, officers, partners, agents, and employees of the company based at that location in the city for the year immediately preceeding any license application or renewal. 'Salary'shall mean wages, commissions, bonuses or other money payment of any kind which is received from or given credit for by his employer. It shall not include travel expenses incurred in the business of the employer and reimbursed by the employer." SECTION 3: Section 5.04.020 of the Rancho Cucamonga Municipal Coe s ereby amended to add a new Section 5.04.020P., to be read, in words and figures, as follows: "H. 'Starting date' as used in this chapter means that date when a newly established business first commences its operation." SECTION 4: Section 5.04.140 of the Rancho Cucamonga Municipal Cc3-e—lsiereby amended to read, in words and figures, as follows: -I- A S, ? Ordinance No. Page Two "S.ri 140 License taxes - payment due date. A. Unless o� -wise specifically prow e , a ter payment of the initial license tax, all annual license taxes provided in this chapter shall be due and pay- able one year from the initial starting date and on such date each year thereafter. "B. Except as otherwise provided, license taxes other than annual shall be due and payable as follows: "1. Monthly. Monthly license taxes, on the first day of each and every months 02. Weekly. Weekly license taxes, in advance on Monday of each weeks and, 03. Daily. Daily license taxes, in advance each day." SECTION 5: Section 5.04.150 of the Rancho Cucanonga Municipal Coe s ereby amended to read, in words and figures, as follows: "5.04.150 License Taxes - Penalties for delinquencies. For failure to pay a license tax when due, the co _eT ctoi shall add a penalty of fifty percent (SOt) of such license tax thirty (30) days after the due date thereof." SECTION 6: Section 5.04.280 of the Rancho Cucamonga Municipal o o s ereby amended to read, in words and figures, as follows: anw miacauanaaua. every person wno enge as in a rot, or w o esa a or other business within Lh., city, which business is not otherwise classified in this chapter, shall pay a license tax for each year based on the following: "A. Twenty -three dollars for the first twenty - five thousand dollards of gross receipts. "B. If applicable, an additional sixty cents per thousand dollars or portion thereof will be added to the above for the next seventy -five thousand dollars of gross receipts of the business. -2- zz 60 Ordinance tto. Page Three "c. If applicable, an additional thirty cents per thousand dollars or portion thereof will be added to the above for the next four hundred thousand dollars of gross receipts "D. If applicable, an addition fifteen cents per thousand dollars or portion thereof will be added to the above for any amount of gross rece3ots over five hundred thousand dollars." SECTION 7: Section S. 04.290A of the Rancho Cucamonga Municipal Co Re" Tsereby amended to read, in words and figures, as follows: "A. Every person who engages in a professional or semi - professional and similar businesses within the city, which business is not otherwise classified in this chapter, shall pry a license tax for each year based on the following: "1. Twenty -three dollars for the first twenty - five thousand dollars of gross receipts. "2. If applicable, an additional one dollar and twenty cents per thousand dollars or portion thereof will be added to the above for the next seventy -five thousand dollars of gross receipts of the business. "3. If applicable, an additional fifty cents per thousand dollars or portion thereof will be added to the above for the next four hundred thousand dollars of gross receipts. "4. If applicable, an additional twenty cents per thousand dollars or portion thereof will be added to the above for any amount of gross receipts over five hundred thousand dollars. "5. In the case of real estate brokers maintain- ing an office within the city, all real estate commis- sions will be included when reporting the gross receipLa of the business except such portion of gross receipts reflecting sales made of real property out of the city where the outside sales are required to be reported and business license paid thereon to another cornunity. In the case of real estate brokers maintaining an office within the city, gross receipts shall not be reduced because of any -3- A(*/ Ordinance No. Page Four compensation paid, directly or indirectly, to a real estate salesperson licensed under such broker. In the case of real estate brokers not maintaining an office within the city only real esta -e sales- men's commissions from sales of real property within the city shall be reported as gross receipts." SECTION 0: Section 5.04.310A of the Rancho Cucanonga Municipal oC�d%a hereby amended to read, in words and figures, as follows: "A Every person who engages in the above classification of businesses, which business is not otherwise classified in this chapter,shall pay a license tax for each year based on the follow- ing: "1. A base tax of twenty dollars will apply it all cases. "2. In addition, ninety cents per thousand dollars will be added to the base tax for the first one hundred thousand dollars of gross receipts of the business during the year. "3. If applicable, an additional forty cents per thousand dollars will be addcd to the above for the next six hundred fifty thousand dollars of gross receipts of the business. "4 If applicable, an additional twenty -five cents per thousand dcllars will be added to the above for any amount of gross receipts over seven hundred fifty thousand dollars of gross receipts." SL -TION 9: Section 5.04.310C of the Rancho Cucamonga Municipal Cpiierecy amended to read, in words and figures, as follows: "C Rentals shall include hotels, motels, apartments, apartment courts, roominghouses, duplexes, triplexes, trailer courts, mobile home parks, and similar rental units having four or more units, spaces or rooms on contiguous property in the city. In the event of the sale of any property described in this subsection, the holder of a license therefor may apply for a refund of the tax for any full quarter year remaining to -4- R6 J. Ordinance No. Page Five the end of the tax year on condition that the buyer shall have psid the license tax for the quarter year in which the sale vas completed and for the balance of the tax year including any penalties due." SECTION 10t Section 5.04.320A of the P.ancho Cucamonga Municipal Co�iF-7.ereby amended to read, in words and figures, as follows: "A. Every person, not having a fixed place of business within the city, who delivers goods, wares, or merchandise by the use of vehicles in the city shall pay a license tax for each year based on the following: "1. A bane tax of thirty -six dollars shall apr f in all cases. "2. In addition, sixty cents per thousand dollars will be added to the has" tax for any gross receipts in excess of ten thousand dollars resulting from sales in the city from all vehicles, routes, etc., for a tax year.- SECTION 11: Section 5.04 340A of the Rancho Cucaronca Municipal Co a is ereby amended to read, in words and figures, as follows: "A. Every person acting in the city as a manufacturer, processor, fabricator, administrative headquarters or warehouse only shall pay a license tax for each year based on the followings "1. A base tax of twenty dollars will apply in all cases. "2. In addition, sixty cents per thousand dollars will be added to the base tax for the first one hundred thousand dollars of gross payroll of the business during the tax year. "3. If applicable, an additional twenty -five cents per thousand dollars will be added to the above for the next nine hundred thousand dollars of gross payroll of the business. -5- ,A G3 Ordinance No. Page Six 04. If applicable, an additional ten cents per thousand dollars will be added to the above for any amount of gross payroll over one million dollars provided that the maximum license fee based on payroll shall be one thousand dollars annually.• SECTION 12: The City Council declares that, should any provis oni 8sectxon, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this ordinance shall remain in full force and effect. SECTION 13: The City Clerk shall certify to the adoption o Ffii'is didinance and cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published U tf,11C ty�3ntario, California, and circulated in the City of Rancho Cucamonga, California. 1986. PASSED and ADOP-ED this day of Mayor I. BEVERLY A. AUTHELET, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Rancho Cucamonga held on the day of , 1986, and was finally passed at a regueeting o t� tyy Council of the City of Rancho Cucamonga held on the day of , 1986, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ADSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Beverly A. Authelet, City Clerk City of Rancho Cucamonga -6- 26y na te, To, Prom, CITY OF RANCHO CUC OIONGA STAFF REPORT February 13, 1986 City Council and City Hanauer Bill Holley, Director, Community Service. Depar ant I 1917 Subject, Presentation of l.orth Town Perk Concept for Council Discussion AGENDA ITEM 6 -A, February 19, 1986 STAPP RECOMMENDATION, It is the recommendation of staff that the City Council consider and approve the concept of developing s 1.37 acre nlri -perk located approximately 200 feat east of Turner, and bounded on the north end mouth by 24th and Humboldt Streeto respectively. eurther, it is recormended that the City Ccuncil approve the concept of the development of a neighborhood softball diamond at the Rancho Cucamonga Middle School. Punding for these proposed projects would be provided by Community Development Block Grants. BACKGROUND, Thin project in eleven years old. When Community Development Block Grant Funds, first became available to our community in 1975, public hearings, coupled with technical reviews were conducted to determine our needs and eligibilitles Three major programs were identified as both desired and eligible... roadway and drainage improvementai a community service center; and, neighborhood park facilities. The first two programs have been successfully addressed. it is tro third and final portion of the original project list, the neighborhood park facilities, that you are considering with this proposal Six general community meetings have been held on this subject in the last eighteen months. Purpose of those meetings...rommunity input. It was determined through those meetings that the following items were important to the community, • That the park be a full -time, dedicated park site. That in, not a series of improvements located wholely on school grounds with conditioned availability, • It should he centrally located, • All lmprovenents should he located on the same site, • A first rate lighted softball diamond for teens and young adults was the highect priority, o Playground facilities, and o Picnic facilities. .No S* North Town Concept Pehruary 13, 1'86 Pace 2 Conhininq all of these desires onto one site is unfortunately, not an option. This is puite simply because suitable sites of 5 to 6 acres within the target area are no longer within our financial reach. We do have a solution, and in staff's view, an extremely good one. Thi proposed solution has been the focus of two general community meetings and has high general support. First, we proposed to purchase eight lots as called out in the a.tached Exhibit 'D', for the construction of playground and p /cn,c area improvements, as illustrated in Exhibit 'E'. Lots 15, 13, and 11 are of particular Interest in that tL,ey •re abandoned commercial buildings in states of general disrepair rangy., .ror. major deterioration to structural collapse. The proposed park lccation which includes these lots, would serve two purposes with one action...first, it would clean up a hatardoue and long existing eyesore within the neighborhood, and second, provide a clean, safe, pleasant area designed primarily for children and senior citizens activity. Lots 9 and 10 are vacant. Lot 16 has a 'out Wilding' type structure on it, and lots 16 and 12 have small 'unrented' structures present. Part two of the proposal is to approach the Cucamonga School District with the proposal to construct and improve a lighted softball diamond in the south east corner of the Middle School. This would of course be the subject of a lorq term use agreement and some form of eonelderatlon to the School District. SUMMARY AND CONCLUSIONS, Staff believes this project embraces the full and original Intent of the Community Development Block Grant Program. It eradicates that which is a '),light' and replaces it with a new neighborhood 'resource' which the neighborhood can be proud of. The $300,000 available from HUD for this Project should be sufficient to carry out the program of acquisition, design and construction. Should Council approve this concept, staff will immediately begin necessary procedures to cause implementation, i.e., cwnor contacts, appraisals, use agreement, etc. If I can answer any questions or you have comments please let me know. Thank you. BM,be Atts Exhibit 'A' -'E' ebb PhVIR[FNFNM IZVIFw RECORD NORTH TOWN PARK DEVELOPMENT 1986 -87 I. Project Description North Town is one of the five low and moderate income target areas for expenditure of CDBG funds within the City of Rancho Cucamonga. The attached map shows its location. This project involves the • evelopment of a neichborhood park on an approximately 1.5 cre parcel as well as 3.5 acre parcel to be developed as a ball field located on the Rancho Cucaronga Middle School property. Both sites are located within the target area. (see attached location rap) II. Environmental Impacts The neighborhood surrounding the proposed perk is substantially developed and urban in character. It is unlikely that there are any rare, ondanoered or threatened species wlthlr its bounds. Nothing has been identified by City Staff or previous surveys of the area. The site is not subject to flooding, in a wetland or high -rise area, or subject to safety hazards. Development of the perk will not affect the aquifers in the area, any wild or scenic rivers, or regional or local air quality. Pl,ally, the proposed park site well not affect any historic or architectural resources. The proposed ball field is also considered to have a negligible affect on any historic or architectural resources since the site Is currently used by the school. Development of the park and ball field is expected to have a beneficial iopact on the neighborhood by providing open apace for organised recreation activities, picnics, and informal recreation for residents of the area. ­a EX41 i. * uR u � 7 lJot�t( TOWAI Lo�.TroeJ a (.9 ArAw)L "40 �PII 'Iii a wuw .w u3 n° c6o: 91730 1 gXlp, i ^� a 4 Q` ar.0 cev`; ..w. � u>.liow.oulu 12 917: 4 s X 14 u v C I 4 3 iMl S +oi�wn Nu _ >n ,rn Ii '•� i PiMmwf Ar.rw IOC OW L�l':i 4]s.a1YG'JMNYNnC OS I + UmRi.,i 9, a�w+riw ZIP CODE 91764— ��.R�, -� � jyy I Y •VROIY Iy +O�. r•.Y..�II n ►TRi Cutw. , 23 24 -moo i io --------------- — -- ��° cunsn �4 .•wat ow..s d...s %I ell a h ��yyLL l/ ♦t t iva ZIP CODE I �A3 1 OI/ YmYW cm, m » _.,— .- � I 1 FQ' ;m I��C I W I �L�C� x� •I '7 � M I �! � .� 12 y o- U G h N U a- L I O . ^ 1 0 U O -� J ti a® N _ N h O j N T oa pQoaoa MLA N Y o�i .oti - - - -�— _ anb ajiv sn.t ZX416-16t' "DO ago 111 1 � C C11 W I \ C y o a c 7 W � � 6 O o O e _ M W `J U w W U) N 9 0 O AitC71ALO a —I CITY OF RANCHO CUCAAIONGA STAFF REPORT DATE February 19, 1986 TO: City Council and City Manager FROM Lloyd B. Hubbs, City Engineer BY: Linda Beek, Engineering Technician (�CUCA%fOiC f Y c ! r O A 2 1977 I SUBJECT: Approval of Tract Map, Improvement Agreement, Improvement Security and Condemnation Agreement for Tract No 13131 (D. R. 85 -17) located at the northeast corner of Arrow Route .nd Vineyard Avenue submitted by Robertson Homes, a division of Catwil Corporation Tentative Tract No. 13131 was approved by the Plarning Commission on October 9, 1985, for the division of 11.71 acres into 1 lot in the Medium Residential Development District located on the northeast corner of Arrow Route and Vineyard Avenue. lne Developer, Robertson Homes, a division of Catwil Corporation, is submit ing an agreement and security to guarantee the ccnstruction of the off - site improvements in the following amounts: Faithful Performance Bond: $172,000.00 Labor and Material Bond: S 86,250.00 Letters of approval have been received from the high school and elementary school districts and Cucamonga County Water District. C.C. b R.s have alsu been approved by the City Attorney Condemnation Agreement All Planning Commission conditions of approval have been met with the exception of the right of way required to construct final improvements across out parcels located on Arrow Route and Vineyard Avenue as shown an the attached site plan exhibits. It was the Commission's opinion that these improvements are required to insure public health and safety. If the deic,oper was unable to obtain the necessary rights of way to construct the improvements, the City should proceed with condemnation action at developer's expense to obtain needed rights of way (see attached Tentative Tract condition no. 3). Included for your consideration with the tract is an agreement dealing with the proposed condemnation action. The developer is currently negotiating to acquire both parcels for Incorporation into their protect. Should these negotiations be succesful, further action would not be necessary. Should negotiations fail, the City would be compelled to initiate condemnation action. a-2z CITY COUNCIL STAFF REPORT Approval of Tract Map, Improvement Agreement, Improvement Security and Condemnation Agreesnt for Tract No 13131 February 19, 1985 Page 2 If the Council concurs with the Planning Commission concerns, it would be appropriate to execute the attached condemnation agreement and direct staff to complete actions necessary to complete improvements through the out parcels. Should Council not wish to enter into a condemnation action, you would have the option of approving the Final Tract without the agreement. In this event, improvements would be limited to construction 4ithin the existing rights of way. Without additional right of way, it would be impossible to provide sidewalk improvements through the out parcels. RECOMMENDATION Staff recommends in conformance with the Planning Commission approval, the City Council adopt the attached resolution approving Tract No. 13131, approving the Final Map and authorizing the Mayor and City Clerk to execute Improvement and condemnation agreements. Respectfully s bm t!ted, LBN:,I�a Attachments .273 s II 017 �ARCE�r.3 ptov L� W 0 FORTH CITY Or a RANCHO CUCAJ40NGA �, PLANNING, DIVOGN EXHUHT - - -L Sr / ;k-PS( �LANi1ING COMMISSION OLUTION TT 13131 6 DR 85 -17 .tOOERTS03 HONES Octohrr 9, 1985 Page 2 (g) That this project will-not create adverse impacts on the environment and a Negative Declaration is issued. SECTION Tentative Trict attached hereto, s herebyapprovedsubj subject toallluf3the followingfconditions and the attached Standard Conditions: Desian Review 1. A 4 -foot landscaping berm shall be required along Vineyard Avenue and Arrow Highway for sound attenuation. 2. A final acoustical report to provide mitigation measures for interior noise reduction in compliance with Title 25 Standards ( 4 5 CNEL) shall be submitted to the Planning Division for review and approval prior to issuance of building permits. ._...d 3. The existing windrow at the northern property boundarytihaall1°^b`e' replaced with 5- gallon Eucalyptus Haculata (Spotted Gum), 8 -feet on center and need not be staked. 4. Special landscaping treatment shall be provided at the intersection of Arrow and Vineyard. 5. At least one hundred twenty -five cubic feet of enclosed, weatherproof, lockable storage space is to be provided for each unit. This storage space shall be in addition to that ordinarily contained within each unit. It may be either within or exterior to, bur. shall bear a reasorible locational relationship to each unit. Tentative Tract 1. Construct catch basin on Vineyard Avenue to tie in with existing catch basin on the west side of Vineyard Avenue. 2. Traffic signal relocation, if required, shall be completed by the developer. a 4. The developer shall acquire the additional de4lcation for right - of -way improvements and construct street improvements fronting the out parcels and obtain sufficient street dedications to construct said improvements. In the event that the developer is unable to acquire the appropriate street dedication and has requested the City's condemnation process for the additional right -of -way, the developer shall pay for all expense of such condemnation per the Subdivision Nap Act. An access easement over the interior loop street extending to the out parcel% for tuture access to said parcels shall be dedicated upon the firal map. ?.S AYES: COMMISSIONERS: REMPEL, CHITIEA, DARKER NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MCNIEL, STOUT - carried r f # f 4 # Vice- Chairman Barker advised that the following items were related and would be heard concurrently by the Commission. M. ENVIR,0rENTAL ASSESSMENT AND TENTATIVE TRACT 13131 - ROBERTSON "05S. INC. r - condom n um su v s on an design rev ew or un is on acres of land in the Medium Residential District (8 -14 du /ac) located at the northeast corner of Vineyard Avenue and Arrow Highway - APN 208 - 251 -11, 23. Related file: DR 85 -17. H. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT REVIEW 85 -17 - ROBERTSON HOMES INC. A residential deve opmenc o condominium units on 1L.Ji acres i of7and in the Medium Residential District (8 -14 du /ac) located at the northeast corner of Vineyard Avenue and Arrow Highway - APN 208- 251 -11, 23. (Related file: TT 13131) Nancy Fong, Associate Planner, reviewed the staff report. James Markman, City Attorney, advised that Option 3 as presented in the staff report was not an option for t5e City's consideration. Vice - Chairman Barker opened the public hearing. Hardy Strozier, representing the applicant, concurred with the staff report and Resolution with Conditions. Greg Meyer, 8395 Avenida Casino, Rancho Cucamonga, opposed the Proj•.,t based on incompatibility with the surroundir area and impacts on traffic and schuols. He was concerned with the project entrance on Bear Gulch Road because it was the only access road to Bear Gulch School. Mr. Meyer also objected to the number of high density projects being built in the City and 1 was concerned that many of the existing units are unrented. i I Gary Larson, Placer Street, Rancho Cucamonga, was concerned with school and traffic Impacts. V Phil Yenovklan, 5835 Burgundy, Rancho Cucamonga, was concerned with the number of high density project being approved in the City. There were no further comments, therefore the public hearing was closed. Planning Commission Minutes -7- October 9, 1985 .Z 74 r residentsn regardingsovercrowding eofCommission hools. co Henadvlise edthet concerns tated that the School Districts are the determining factor as to wheter a project can or cannot ba t built because each project must obtain a letter from the School District in acccommodate pthee additional astude ts.stating He that additionallyhave advised capacity that project has received such a letter from the School District stating that the students which are generated from this project can be accommodated. Regarding the driveway on Bear Gulch, he pointed out that this is not the primary access to s complex. Further s be n hp property to single familynomeson itecauso tenor and est re mediumdensity built up areas, and on south is industrial. jum zone and iisioappropriate under, that designation.c� She advised the that the roect advisedthat , concerns addrsiod the den it GeneralisPlanpheari gal, Further, that itpispaawell desilnrd project and offers a good deal of open space and bei hatcgted near a park is appropriate for this type of density. pareneters and the fact that the School Board has stated that they are happy 1J not find a basis to deny the to hive this project in their District, she cou project. the frustrations expressed Commissioner Barker stated tha- `e understoodlenty of apartment and doesn't the citizens and also felt that :e City has p really need any more; howeve , the General Plan has designated areas throughout the City as saes for high density projects. He stated that Rancho Cucamonga is rogress a In that to accommodate o4s the additionalristudents. Further, and that the City cannot keep someone from purchasing a piece of property one it, and'welluwithin legal boundaries; therefore, couldenotifind a legal reason or trafficc oncen expressedywith i egardathe Bear GulchcPlaceHandaasked,stafftto address this issue. Paul Rougeau, Traffic Engineer, advised that the main concern during staff's review was projected divert traffic fic a fi ay o thaneyVineyard, Avenue. r advised therefore ithe main Ar-llow is Project en additionally placed on that rw and a d tomato generated by this ;reject was in keeping with the capacity of both of these streets. Vice- lhairman Barker asked for discussion regarding the out parcels and the options provided by s toff. Planning Lommiss;en Minutes -8_ october 9, 1985 A?? Commissioner Rempel was concerned with requiring the developer to acquire additional right -of -way dedication for improvements and stated he would not like to make that a requirement. He was also concerned with option one since it required access through single family residential unit; without knowing if the developer will obtain those two parcels to the future. Nancy Fong, Assistant Planner, advised that the intent of this option is that if those parcels are redeveloped at some time in the future, the access problem will have to be solved. Barre Hanson, Senior Civil Engineer, stated that staff is not advocating that the existing residents would start taking access off that road, they would continue to use same access. Commissioner gempel stated that what the option actually states is that eventually there would only be access onto the loop street and out onto Arrow. Mr. Hanson replied that he understood Commissioner Rempel's concern with the language and it was staff's intent that if the two parcels are ever redeveloped the question would come up whether or not they are suitable to face that interior street and that staff would like to leave that option open if possible. Commissioner Rempel stated that he did not want this developer to be forced to take traffic through this loop -treet into this condo p, -)Jett. Jack Lam, Community Development Oirector, advised that these conditions are only with respect to easements granted for this project and the decision on where access will be taken for future development will be based on any decision made if and when development of the out parcels occurs Further, that the Commission would not be forcing this developer to take that access, but will provide an option for the future. Commissioner Ch'.1ea was concerned that school children walking west from Bear Gulch School along Arrow would be forced to walk out in the street under either option. Mr. Hanson stated that staff felt that sufficient dedication could be obtained under option 2 which would allow for the Jevelopment of a minimal sidewalk. He advised that there is a chain link fence out to the curb which might be dangerous for children. Commissioner Chitiea stated that as she was concerned with safety of the children, she would have to go with option 2. Commissioner Rempel stated that he no problem with option 2, but was still concerned with making access onto the loop street mandatory. Plannirg Commission Minutes -9- October 9, 1985 -17d Mr. Markman added language stating "pursuant to an agreement approved by the City Attorney after Subdivision Map Act under 0�14�n 2. He explained a detailed agreement would be necessary if condemn. -re pursued at the property owner's expanse. Commissioner Rempel asked if it would be possible to 'angua a to option 2 that if access is necessary it could only be utilized if the development of the out parcel is compatible with the existing development. Mr. Markman advised that if that language wero added the easement would then be conditional. lie advised that the existing language merely reserves the right to have that access at no expense to -the pub.ic in the event that it turns out as planned; if it turns out that it is planned to be needed, access would go in under option 2 basis. Mr. Lam pointed out that the Planning Commission would determine in the future wnether or not tha access goes in. Motion: Moved by Chitiea, seconded by Rempel, carried, to issue a Negative Declaration and adopt the Resolution approving Tentative Tract 13131 and Design Review 85 -17. Option 2 requiring the developer to acquire the additional dedication for right -of -way improvements and to construct street impruvements fronting the out parcels and obtain sufficient street dedications to construct said improvement. In the event that the developer is unable to acquire the appropriate street dedication and has requested the City's condemnation process for the additional right -of -way, the developer shall pay for all expense of such condemnation pursuant to an agreement approved by the City Attorney per the Subdivision Map Act. Additionally, an access easement over the interior loop street extending to the out- parcels for future access to said parcels shall be dedicated upon the final map. Motion carried by the following vote: AYES: COMMISSIONERS: CHITIEA, REMPEL, BARKER NOES: COK41SSIONERS: HONE ABSENT: COM.41SSIOIIERS: MCNIEL, STOUT - carried 0. ENVIROlC1ENTAL ASSESSMENT AND CONDITIONAL USE PERMIT 85 -17 - FOR KIDS ONLY o a ow construct on of a V,Zbu square foot preschool on acres of land In the Low Residential District (2 -4 du /ac) located on the south side of Baseline, east of Turner. Jack Lam, Community Bevel. +,ector, advised that this project should be removed from the agenda t.; for renotification and readvertising. He explained that the applicant had expanded the size of the project; however, had not provided staff with the appropriate list of adjacent property owners to be notified. Planning Commission Mfi.ates -10- October 9, 1985 A ?9 CITY Of R.'MCHO CUCAMONGA INPROEEMEIT AGREEMENT FIR Tract "131. aNOa At'. MEN 61 TxtSE PRESETS That this agreement IS old a and ertared Into, In ConforhanCe with the provisions of the 5u Id 'vision Mae Act of the state o• Cal I / dent t and of the ap011C10 It Ordin]nGe% Of the Cl to of Rancho Cucamonga. Car einaftar nd between said City• referred to as the City and Nobertac.. HOeO a Olvlelon of Catcall Corp. n r In r art ODer ! e a Nr r! HrrfO IO as she YIT4(SSETH THAT. YHEREAS, said Dn.I..er Ofslres to develop 4r4 in real P,:00,ty In said Clty tl morn on tie COn01t10n alt fubdiis 'an known as Tweet 1.. a 1 aP DrOred _ e and YHEREAS, said City has established Cartel. requirements to be mat by said Developer as prerequisite to appror +I of said al subdivision gentral Y located at Tht nr_en a et corner ..row pt. •nd Vineyard A NOV, THEREFORE. It IS hereby agreed by said !sty said Developer ea folio.%; and by 1 The OeiglOPer hereby agrees t construct at Oeq iopae•s ,dense all la p10"Oentf dascrlted on Page 6 here. of rl thin twl a months from tna /ectlrt of eat, hereof 2 This agreement %hall to effect,,, on the date of the •810lutian Of the Council of Said City 400,0"" this age a'RenI This agraerrnt shat, be in default on the day fo110w. ing In first anniversary date o/ s+ 10 approval unless an f10n fiean- 01 time hit been gri hied by sH 0 CItY is hereinafter prorld- ed Cc.,1atO the The hereof nay Such eqests shextension e submitted to the City In canting not less than 70 days before the eeplrvti0n data hereof• and $hall contain a statement of circumstances sec mss hating the eet.nitOn of tie. Th. City Shall ha.. the right to rev fiw the Provisions Of this agreement, 1nClu0lnq the Ctni tru CtIon standards. he Cost estimate. and I.,,,v eeeet security, and to requlra adJustmtnts therein If any substantial change he$ C reed during the term Mrtaf e if the Developer falls thS e Provisions of this neglects to CO-Ply with aq veto, wet, the City shall have the rt ht eeant� and thereupon ratorar free tine Developer and /or his by the full cost and expense Incurred each lot of s hid Dde development aIn Provide water frith ccordance the ,Chad,,.$• and fees of the Cuc'Range reylulatIL'to County lister District 6 The Developer s all be responsible for rep lacement• relocation, Or removal of any component of any irrl patio. water f YSttm In conflict with construction of required feprOr'Ren is to ant eatlilaction Of the City Engineer and syst ea. the Owner Of such .star 1- 100] Cooley Or 9N 102 Colton c• villa Po 2. IaDraveatr's required to be constructed shall Conform to *he Standard Drawings and Standard Specifications of the City, and to the Improvement Plan approved by and wh fllr In the Off1CO of the City Eng'.aeer Said Improvements are tabulated on tht Construction and land ❑tltute, hereby In:orporated on Palo 6 hereof, as taken Iron the Improneent plans Ititee thereon by number The Developer shall •130 be ru Da nslDl• for constreon lion of any transitions 01 othr Incidental work beyond the tract boundarles ac needed far safely and proper surface drainage Crrors or omml$+IOns disCarerb during conftructin shall be corrected upon the direction of tee City Engineer Revised work due l0 3ald Plan mad ""'bans ;hall Dt Carla ed by the Drarlilans of this mareeaent and secured by lie aurey Covering the original Dla this Aorta 6. Co nstructlon Permits shill be obtained by the Developer from the office of the City Engineer prior to start of work; all regulations listed thereon shall be observed, with attention given to safety procedures control of oust noise, or other Auftahte to the area and to proper notifltatlpn of public Oil il Its and City Dipartnents failure to Comply rich this sect I t shall be 3ubgect to ebe penalties provided therefor 9. The Developer shall be responsible for removal of III boat rocks and other debris from puolle rirhti -of -way within or 4dd0lntng Maid development resulting Eros cork relative to said development 10. Work done within existing streets $halt be dll igantly pursued to CoaDletlan, the City shall have the right to COa01•to any and all work in the event of unjustified delay In COeple tlon, and to recorlr all cast and expense incurred from the Oe vela Par and /or his contras SO,. Or by any lawful mulls 11 Said Developer shalt at All time, fallowing did -ca. lion of Sat streets and easements In said tubidirl$lon, up to the Como etion and acceptance of said w0•k or Improvement by said City Council, give good and adequate warning to the traveling Public of each and every dange. out condltlon existent Ste rat 1n sand street ar easement, and sill protect the traveling +ubl lC laid such defective or dangerous canditlant Dncll the Completion of all Improvements, herein Incorporated on Page 6 l to be Derfe Mad, each of said streets not accepted at Developer may shalt De under the Charge of said Developer Sold Developer May close All or a portion of any street subject to the by th ions contained In a tea portion street Closure permit, Issued by the Slty EA tit�ur, whenever It is nun ass May to protect the Public ade. the ccnft nictlon of the I :,,COVUeh is Aa rot agreed to be ode. 12 parkway trees required to be Planted shalt be plaited by the Developer after other Improvement work, grading and cleanup has been completed Planting shall Or done as Provided by Ordinance In accordance with the planting diagram approved by the City Community DerelaPment Directs The Developer shill be responsible for Maintaining ail trees plant to In 600- health until the end of the Surenteed lsterenuce period. or for One year after planting, whichever IS IS The Developer Is responsible a for meeting all Conti. lions uUbllsbed by the CIy Du rsu to the subdiv lflon .2. ,19/ and no Improvement security prO+ldee herelnvith Shall be released before Such ecteptanca aniesa otherwise prodded and Authorized by the Clty council of the city le This agreement Shall not terminate until the maintenance guarantee SOCW'ItY hanlnafter d*SOrlbO has ben vet mate by the City, ar until a now mgr e9ent to9eth@• with the reaulreit IMDro,d "ent Security has been submitted to the City by a f ucpeseor to the herein named and by rmsolutlOn of the City Council some he been accepted, and this agreement and the Improvement security therefor has been released Davalo0erl with this lagrea.eA ttsn�ll ,Consist Of the "following and Shall be In a form acceptable by the City Attorney: A. To sSturm faithful formance of this agreement I A band ar bonds mapery 00, or mere duly authorised Corporate sureties In the form and content Specified by Go,era ant Code Section 66499 1 E An Improvement Secu. ity InStrumant In the form Ind tr "tons specified by the City Attorney 0 A deposit with the City Of money or negotiable bonds of the kind approved for securing deposits Of public Manlet n B To secure laborers and mersAtmen: I A b:nd or bonds by one or more duly authorised corporate sureties In the fore and content 2 Ane lmDrovemin0 Security Cinst Instrument nln 6th@ form n d content I Adeposit r s l D tn City o the f moner y ors t negotiable bonds of the kind approved for recur In C A cash deposit with the City to guarantee 0ayaant by the Developer to the an9lnae, or fu„eyar Vhose certificate appears upon the Fl n a] Map for the I in? Of all boundary, lot tarn@,, and street center Jns monuments and for furnishing centerline tie notes to the city The amount of the deposit may be any ae01-nt certified by the engfnggr or Surveyor as acceptable payment In full: art if no live 1s Submitted, the cash bond fell be as shown on the Construction and Bond Eftlmtte Contained herein Said cash deposit may be refined of soon as prate• dire paral is after rata lot by the City of the canteriina tie notes mad written ass ur.Ace of payment in Iuli from the :Agin ear or Surveyor. D The required beds And the Principal aM OUnts thereof are set forth on Da go 6 of this agreement des cribels Id. in this agreement foal l ntbe free Iroa top, nln mater its end ro•k anfhip. Any and all portions of the impreva. cants found to be detective within one (1) year following the Me on which the loprcresents are acnepted may the foil Shall be repaired or replace by Developer Swam it All charges a the City The Developer snail /urnlsn a maintenance guarantee Security 1" • Sun equal is tan percent (101) of the construetlor I timite Or $200 00 which@,*, to S9relter, to secure the faithful performance of De +e1Gpors Obligetl0 -1 as described In this Dart grail" The Maintenance guarantee securltY fM1i Aso faun Chu /n tofu' performance D the Oare toper of may obligation of the Deeloper to do fDac tl lad work with respect to may parkway -9- .4ai 1MMUMr. estimate or 5200 00, whichever Is greater, to Secure the faithful p e rf l,.,PC, of Develop,, f obligations as described In this Para. grarh The maintenance guaranies security Shall also secure He •I thful performance by the P-veioper of any Obligation of t e Oee...... to do fpeclfled wort with respect to any partway maintenance assessment district. Once the - P1O19 -eDtS have been accepted lad a maintenance guarantee security has been accepted the aqr peen tl-Of b• re leased ,Provided nthata Such release llS dOtherwise 0r dlnm ed by th0 SYbdivlSICA HIP Act and any app llc JDia City 17 That the Developer Shalt tats out and .&later. Public liability and property damage Insurance such as shall protect him and say contractor or subcontractor performing work covered by this agreement from ClAf.I for property I'aagei wnlch may because of the nature of in* mart or from Oplratl0ni under this agreement, whether such operations be by himself or by any Contractor or subcontractor ar anyone directly or Indirectly Eplayed by said persons, even though such damages be Pat caused Su beantracto,ll or canyone employed by peSaid r any tontre or Or I iability mad dropnrty damage Insurnte shall s list the eCiity a addltont Insu•ed and directly protect the City, Its officers, a9*nes and employees, as well as the Derllauee, his contractors I r.d hli subrontracton, and ell Insurance policies issued hereunder shall to tale The .1 nlmw. amounts of such insurance Sh a 11 be as follows: A Contractor's liability Insurance providing bodily Injury Or death liability halts of not lets tha $$00,0[0 for each person and 5i 000,000 for each accident or occurrence, and prpputy damage Ilabll. ItY limits of not less than $100 000 for each acct. dent or occurrence with an aggregate ,Olt of 3250,000 for CIai-s which may arise from the opVa- tiont r the , dad Developer In the performance of the wire herein pray dad IT AulamDblle Itablllty Insurance covering all vehicles used In the performance of this agreement Providing bodily Injury liability limits of not Its& than $200,000 for each person and $$D0,0a0 for each accident or occurrence, and property damage !('ability If -Its of not lets than 550,000 for each 111dent or occurrence, with an aggregate of not 1065 than $100,000 whl.h -aY arise fro. the opera. tlonf of the DesalCper or his Contractor In performing the wore provided for bereln Oer el oper2 Shall 7hat before ith execution at cvtiflctt0i Or certificates Of Insurance covertny the specified Insurance. Each such cancellations, shall reduction le coverage endorsement .any Policy evidences the by such certificate, before the expiration of thirlty (30)d after the C•ty shall have received notification by registered sell fro- tale Insurancw carder, At evidence of understanding the provisions contained herein, and of Intent to comply with same, the Subdivider has Submitted the to 1, awing described reprove ant security, and has &l /laid his Signature hereto: .z 83 FAITHFUL PERPORMAUE Type: Principal Amount: 6172,500.00 Reliance Ina. -ante Company Name and address of surety: P.O Noe 15 )1 Sacramento, CA 95852 MATERIAL AND LABOR PAYMENT Type: rrinciPal Amount $ 06,250.00 Reliance Insucnnee Company Name and address of surety: P.O. Box 15901 Saccamento, CA 95852 CASH DEPOSIT MONUNENTATION Type: Principal Amount: $ 1,250.00 tlue and address of surety MAINTENANCE GUARANTEE Type: Principal Amount N/A Name and address of Surety: TO BE POSTED PRIOR TO ACCEPTANCE BY THE CITY IN VITNESS HEREOF, the parties hereto Aare Caused these present. to Be duly uecuted v acanualedged allh all Formalities reeulred by ha th dates Sjttiforth opposite their signatures Date t -2) -86 by ,Da•eloper gnature David H. Fisher Printed Date by ,Oeveloper Signature Accepted City of Rancho Cucamonga, California ._a_ Am Ical Cm remretion COMPOMATE ACMMOW EOOMEMT BIM•m1 , n''�.�•n.s Counha — TT...' Y' mai uut�M. — AvIO I. reYODOi IarY 0a0e aaa�Ya�l rNa azy7 P Enter V sa On W d,e1L M oF�(re. 1pSll blare ma. aY undengrya i1orN MNC PMaonMl yp•ane -I u.'k DE aa'.."anmanbm• aa. wm. cpn.»e.u.a,l.lelamraM1m•q�•.y,.q 72= • UKNadIM eeIW HaYVIM1Y � N,�• an MUlNlbwppauan tMnw reread. W Mamaaaapaero s•• Wt Jra <a,oa..tw MMViMm M aM hand grid allk4lt Q �tV Mores 154-1.0 - r - r7rer- CM Of RAIM COCA4CXGA ENOINE:RIRG DIVISION DUCACIMeNT PUNIT FEE SCNECIILE Far lepravavent: Tract 17111 Vlmynrd Awne /Anov/o n, 01h Date: Janmay r5717 -- slid Ael erence. 039uO l: . store a scud nrea City Drawing • NOTE: Dots net include ",tot fee far writing permit r payment dtpaflts _MAXIM OBIT ITEM MICE 7NOUNT L.F P.C.C. curb - 12• C.F 24• gutter 7.25 91 Lf P.C.C. taro - 8• C.F 21• gutter 6.00 17.<66�p, L.F P.C.C. curb only 5.50 20 L.F A.C. him 1.50 8,140 S.F S.F 1• P.C.C. sldewtlk Drive approach 1.75 _164 3 8• P.C.C. cross gutter (Inc. curb) J. 0 ut0'L [.v Street excavation I,go C.T Isparted eabMlment 1.50 a+ <sn S.F Prepantica of woynU O.is znn s+ S.i Crushed 199. oats (per Inch thleA) O.U7 TM A.C. over 1700 tons` 27.00 TON A.C. 5900 to 1700 ,0r ) 75.00 ,o. 11% nn TON A.C. to 9DO tons) 45.00 IOM {(500 A.C. under Sm tans) 60.00 SJ A.C. 7• thick) I 0.50 S.F. Path A.C. (trench) 1,75 19_I1T S.F EA. 1• thick A.C. overlay Fultust serer •YMale to grad) 0.70 150.00 yy-2�y -� EA. FG7ust seer CIeM out to gnat 150.00 EA. A:tust water valves to great 75.00 �A EA. Street lights 1000.00 e.0m.m LF Barricades (Intent➢. 7500 ,In) I.. L.F. 2 a 4• rtawood header 1,75 S.F. aevoval of A.C. pavement 0.75 y L.P L.F Removal of P.C.C. curb Removal 7,70 EA. of A.C. Oem Street sign: 1.00n.m 200.0 �L 11. Slg:mmttLlvy7utton L.S -L S.F petalninp T.Mn.ao eq1 .ON .ON wall Aggregate bate 20.00 7.00 MUS.00 Coacratg structures 025.00 L.F. Its RCP 2000 D 29.00 L.F. 2A• 0.CP 1500 0 75.00 zern.M L.F. 76• RCP 2000 D 49,00 L.F 48• RCP 1200 0 76.00 2A. Catch basin Y • 4` 2000,00 EA. Catch basin V • 14- 7600.00 EA. Catch bail" Y • 221 4500.00 _- EA. Local depression 4` 500.00 EA. Local depmsslm 121 1000.00 T EA. ,function structure 5000.00 EA. Outlet structure, Std 1506 1500.00 EA. Outlet structure, Std #507 500.00 EA. Guard posts 0,00 LF Guard pawl (wmd) MOD • L.F Sawcut 2.Iq M M LA. Rea01a11 YIN.) 4000.00 L.F hea0tr header 1.75 19"i7-� S.F Ladwom upinyy 7 Irrigation 2.75 an.tln M -_ L.F. Roll Roll curb (P.O.C.) 7,50 "GINEERING INSPECTION FEE _%s7:r. 04 wa TOTAL 1561899.90 tRESTORATIO(MELINEATjION CASH ~0 00 C04TINGENCV COSTS Z_ 7.rzr g-• 1 %MKTAT1ONN SURETY 125E oo LAlABOR AMD VATER�C8M ((50%)x) 1aL1�.�L *PMumt to City Of Reach* Ne"W94 704ICIVil Code. Tlt.e 1, Chapter 1.08, ada0tlr, Sap ItMardlm County Code Titles. ChaPLM 1.5, a cath re tratimidtitneatim deposlt shall be ms/a prior to tssuanca of an Engineering Cantructtm hovels. cmummi7•. Advised 7/84 .2df RESOLUTION NO. g -q7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA. CALIFORNIA, APPROVING IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY, CONDEMNATICN AGREEMENT AND FINAL MAP OF TRACT NO. 13131 WHEREAS, the Tentative Map of Tract No. 13131, consisting of 1 lot, submitted by Robertson Homes is division of Catwll Corporation, Subdivider, located at the northeast corner of Arrow Route and Vineyard Avenue has been submitted to the City of Rancho Cucamonga by said Subdivider and approved by said City as provided in the Subdivision Map Act of the State of California, and in compliance with the requirements of Ordinance Nc 28 of said City; and WHEREAS, to meet the requirements established as prerequisite to approval of the Final Map of said Tract said Subdivider has offered the improvement and Condemnation Agreement subnitted herewitn for approval and execution by said City, together with good and sufficient improvement Security, and submits for approval said Final Map offering for dedication for Public use the streets delineated thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rancho Cucamonga, California, as follows: 1. That said Improvement and Condemnation Agreemert be and the same is approved and the Mayor is authorized to execute same on behalf of said City and the City Clerk Is authorized to attest thereto; and 2. That said improvement Security is accepted as rood and sufficient, subject to approval as to form and content thereof by the City Attorney; and 3. That he offers for dedication and the Final Map delineating same be approved and the City Clerk Is authorized to execute the certificate thereon on tehalf of said City. PASSED, APPROVED, and ADOPTED this 19th day of February, 1986. AYES: NOES: ABSENT: von 0. Mik—M77a—yor .2d6 OJ-1 VARLOOROUGN nEVELOP. \LENT CORPORATION February 18. 1906 7-RECEIVED.— CTr er RANCHO CUCAMONGA "NINO DTv3*N AN FES 191986 T�8�8�fg11� 1tj1i5�314�5�F1 u City of Rancho Cucamonga 9340 Baseline Road Rancho Cucamonga, CA 91701 Attention: Dan Coleman Re: Tentative Tract 12642 and Tract 12944 Model Nome Agreement Gentlemen: Enr_osed is fully - executed Model Nome Agreement. Please note that Exhibit W of the agreement and the Site Plan are being mossengered this date under separate cover. Thank you for your cooperation in this matter. Sincerely, MARLBOROUGH DEVELOPMENT CORPORATION ul yrn s Vice President /sl ONE CENTURY PLAZA HIM9CENTURY PARK EAST SUITE 1550 LOS ANGELES CALIFORNIA 11DO61 12131 SM 5131 AGREEMENT THIS AGREEMENT is made and entered Into effective _ by and between Marlborough Development Co oration (hereinafter reterrea to as -Developer-), a California Corporation and the City of Rancho Cucamonga (hereinafter referred to as •City), a Municipal Corporation. RF'ITALS A. Developer is the owner of record of certain real property located in the City (the 'Property'), as described to Exhibit 'A' attached hereto and by this reference made a part hereof. B. Developer has undertaken subdivision of portions of the Property as Tentative Tract Mo. 1L�__6��4�2�_ ('Tract'), as described in Exhibit °A• attached hereto and by [hTs reference made a part hereof. Developer has obtained approval of the Tentative Tract Map by the City and proposes to develop this property in single family residential use. C. Developer desires to construct the model homes for the Tract, and associated improvements, prior to recordation of the final subdivision map for the Tract. D. The City wishes to permit such construction, provided that the public health, safety and welfare are not adversely affected, and provided that the City has adequate security that the ultimate subdivision and development of the Tract will be depleted, or that otherwise the property will be restored to its original condition. ROW, THEREFORE, the parties hereto agree that Developer may construct the model homes for the Tract, and associated improvements, prior to recordation of the final subdivision maps for the Tract, provided the following conditions are met: t. A maximum of 'four 4 -model homes in Tentative Tract1:642 may be constructed pr or to nal subdivision map recordation pursuant to this Agreement. 2. All construction and improvements shall be reasonably consistent with the Tentative Tract Map as approved by the City Planning Commission on February 12, 1986 3. Developer has provided to the City Planning Division detailed site plans Indicating the homes and improvements to be constructed, including streets, off- street parking areas, fencing, landscaping and signs. Such plans are subject to review and aoproval by thb City Planner. 4: Developer shall provide to the City Engineering Division detailed improvement plans and cost estimates for the public improvements to be constructed. Such plans and estimates are subject to review and approval by the City Engineer. S. Developer shall submit application for a Temporary Use Permit for the model home sales office to the City Planner. 6. The City shall issue a Temporary Use Permit for the model home sales office, pursuant to this Agreement, subject to the following conditions: (a) The sales office may be located in a garage, trailer or dwelling. (b) The sales office is to be used only for transactions involving the sale, rent or lease of lots and /or structures within the tract in which the sales office is located, or contiguous tracts. (c) Temporary off - street parking at a rate of two (2) spaces per model shall be completed to the satisfaction of the City Engineer and City Planner prior to commencement of sales activities or the display of model homes. (d) All fences proposed in conjunction with the model homes and sales office shall be located outside of the public right -of -way. (e) Flags, pennants, or other on -site advertising shall be regulated pursuant to the Sign Regulations of the Nmicipal Code. (f) Use of signs shall require submission of a Sign Permit application for review and approval by the Planning Division prior to installation. 7. Developer shall provide to the City Building and Sefety Division architectural plans for the model homes. Such plans are subject to review and approval by the Building Official. 8. The improvements to be included iu the model home construction shall include construction of streets, and associated landscaping, to provide adequate access to the model homes until the remainder of the street improvements for the Tract are completed. 9. All improvements related to the model complex for streets, grading, utilities, and drainage shall be constru_ted to ultimate standards as indicated on the proposed final subdivision maps and the proposed final engineering plans for the Tract prior to use of any model home. 10. Developer shall post bond for completion of all improvements to be performed. 11. The City shall issue building permits and other necessary permits for construction of the homes and improvements, and shall issue notices of completion for the homes when appropriate. However, developer warrants and agrees that there shall be •no occupancy of any model home for residential purposes until the final subdiiision map for the Tract in which it is located has been recorded. 12. Developer warrants and agrees that if the final subdivision map for the Tract is not recorded within two (2) years after building oermits for the first model home to be constructed are obtained, the yodel homes in said tract will immediately a demolished or removed, and the property restored to its original condition at developer's sole cost. Developer shall provide security for removal and /or demolition in the sum of the estimated value of the improvements plus S10,000.DD per house. 13. Developer shall provide adequate emergency access to the satisfaction of the Foothill Fire Protection District, and adequate flreflow, to the satisfaction of the Cucamonga County Water District prior to use of any model home. 14. Temporary model area fences will be as indicated on the detailed site plans. All )ther walls and fences will be installed to permanent standards. 15. Developer shall perform and bond to the satisfaction of the City Engineer and City Attorney for maintenance of all public landscaped areas included in the model home project until formation of the landscape maintenance organization as conditioned on the Tentative Tract Map. 16. This Agreement shall be recorded by the Developer in the Official Records of the County of San Bernardino following City approval of Agreement. 11. Promptly after recordation of the final moo or restoration of the property under Paragraph 12 of this Agreement, the City shall furnish Developer with a Certificate(s) of Compliance in a form suitable for recording upon request by Developer. Such Certificate of Compliance shall be, and shall so state, conclusive determination of satisfaction of the covenants and conditions required by this Agreement, and full compliance with the terms-hereof. After issuance of such Certificate of Compliance, any party than owning or thereafter purchasing, leasing cr otherwise acquiring any interest in that part of the Property for which a Certificate of Compliance has been Issued shall not incur any further obligation or liability under this Agreement, and shall be thereafter released from any covenants, conditions, or restrictions herein contained. 18. Should any party bring suit to enforce any provision of this Agreement or claim arising therefrom, the successful party in such proceeding shall be entitled to recover its costs and reasonable attorneys' fees and any judgement awarded shall include same. 19. This Agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective on the day and year first above written. 'City CITY OF RANCHO CUCAMONGA, A Municipal Corporation By: Mayor "Developer" ATTEST: City Clerk MARLBOROUGH DEVj' CORPORATION ,.�% By: / LC Pa Q1 N. D2=cs Vice President Karen Hudson, Asst. Secro ary CORPORATE ACKNOWLEDGMENT �vs..uC'_ Stareof Cnllfnrnln —}st Onthiathelikhdayof rph".Ly 1ggg..beforeme. County of Tos Angeles Fay D. Mathews 1 OFFICIAL SEAL [` FAY O MAH141145 npta[Y PVGUC CM%CamA a T -"`� tm L'a seem W «aa euvrn nr it. 1911 the undersigned Notary Public. personally appeared Paul N Byrnes. Vice President Karen Hudson- busistant Secretary (3Lpereonally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument u Vice Pres Amr and A r C' 't; or on behalf of the corporation therein named. and acknowleyyed tome that the corporation executed W1e6151imy he, dofficial seal �X IPii A� LEGAL DESCRIPTION ALL OF TRACT NO 12944 THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 8617 IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON A HAP RECORDED IN DOOi. 96, PAGES 82 THROUGH 85, INCLUSIVE, OF PARCEL MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT THE WESTERLY TERMINUS OF THAT CERTAIN COURSE OF THE EASTERLY BOUNDARY OF SAID PARCEL 3 SHOWN ON SA10 MAP AS HAVING A BEARING OF NORTH 89.34'46" WEST AND A LENGTH OF 81 00 FEET, THENCE ALONG SAID EASTERLY BOUNDARY IRE FOLLOWING COURSES COURSE 1 SOUTH 00.25'14" WEST 121.74 FEET; COURSE 2 OOUTH 01.43'04" PEST 82 16 FEET, COURSE 3: OUTII 01.05130" EAST 101.70 FEET, COURSE 4 OUTH 86.41'44" WEST 135.71 FEET; COURSE 5: SOUTH 00.29104" EAST 140.00 FEET, COURSE 6: SOUTH 07.51140" WEST 61 30 FEET, COURSE 7 SOUTH 00.08'11" EAST 103 92 FEET TO THE BEGINNING OF A HON- TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1238 00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 01.43'23" EAST, SAID BEGINNING ALSO LYING ON THE NORTHERLY RIGHT -OF -WAY LINE OF VINTAGE DRIVE AS SHOWN ON SAID MAP, THENCE WESTERLY 87 85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4.03'57 ", THENCE SOUTH 87.39'26" WEST 101 60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1138 00 FEET, THENCE WESTERLY 504.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25.23'47" TO THE WESTERLY LINE OF SAID PARCEL 3, THENCE ALONG SAID WESTERLY LINE THE FOLLOWING COURSES COURSE 11 NORTH 27.44'21" WEf.T 91 74 FEET, COURSE 12 NORTH 01.40'40" WEST 400 00 FEET, COURSE. 13 NORTH 88.19'20" EAST 24 57 FEET, COURSE 14 1:ORTH 00.16'36" EAST 288 99 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 3 SHOWN ON SAID MAP AS HAVING A BEARING OF "NORTH 89.43'24" WEST" AND A LENGTH OF "184 78 FEET ", SAID SOUTHERLY LINE ALSO BEING THE SOUTHERLY RIGHT -OF -WAY LINE OF TERRACE VIEW LOOP AS SHOWN ON SAID MAP, THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE SOUTH 89.43'24" LAST 1S0 11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 260.00 FEET, THENCE SOUTHEASTERLY 292 37 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64.25'49 ", THENCE LEAVING SAID RIGHT -OF -WAY LINE, NORTH 64'42'25" EAST 60 00 FEET; THENCE NORTH 30.06'33" EAST 124 83 FEET, THENCE SOUTH BD'34146" EAST 314 00 FEET TO THE POINT OF BEGINNING COMPRISING 11 54 ACRES #3470/#3471 PREPARED FEBRUARY 19, 1986 SSG dt PARLE MUCH DEVE LORI t CaFPNY E X H! SIT "B" ' VMEL SITE (TRACT 12944) NOTE: I,OT NUMBERING IS SUBJECT TO CHANGE (ADDITIONAL LOTS BEING ADDED TO TRACT 12944) J.N. 3470 MEMORANDUM TO: City Council/'Redeve-lopcent- Agency FROM: City Attorney /ilgenryYOn7(SST e.yr "� X!r DATED: ! - /f_& RE: Executive Session Notice -- Litigation Matters The following statement should be read into the record in accordance with California Government Code Section 54956.9 prior to recessing to an Executive Session: The Council /Agency will recess to Executive Session to consider a litigation matter under the authority of: I California Government Code Section 54956.9(a), —1 concerning a matter entitled Case No FCalifornia Government Code Section 54956 9(a), !� concerning an adjudicatory proceeding which has been formally initiated. The proceeding will not be identified. To do so would: ( I Jeopardize the City's/Agency's ability to effect service of process. ❑Jeopardize the City's,'Agency's ability to conclude existing settlement negotiations to its advantage. California Government Code Section 54956.9(b)(1) -- concerning a matter where there is a significant exposure to litigation. ❑California Government Code Section 54956.9(b)(2) -- concerning whether or not a closed session is authorized under Section 54956 9(b)(1) California Government Code Section 54956 9(c) -- The Council /Agency has decided, or is deciding, to initiate litigation. AGREEMENT RESPECTING THE ACQUISITION OF CERTAIN REAL PROPERTY This Agreemant is made and entered into by and between the CITY OF RANCHO CUCAMONGA ('City" hereinafter) and ROBERTSON dOMES, INC. ( "Developer" hereinafter). W I T N E S S E T Ht A. Recitals. (i) City is a general law city exercising govern- mental functions and powers and organized and existing under the laws of the State of California. (i1) Developer presently seeks to develop that real property constituting APN 208 - 251 -11, 23, generally located at the northeast corner of Vineyard Avenue and Arrow Highway within City ("the Development" tereinafter). (iii) In furtherance of the Development (a residential condominium subdivision), Developer obtained approval from City of Tentative Tract 13131 and Development Review 85 -17. (iv) The approvals referred to in Recital (iii) above were granted subject to, among other matters, the following condition which is predicated upon the provisions of California Government Code Section 66462.5: 'The developer shall acquire the additional dedication for right -of -way improvements and construct street improvements fronting the out parcels and obtain sufficient street dedications to construct said improvements. In the event that the developer is unable to acquire the appropriate street dedication and has requested the City's condemnation process for the additional right -of -way, the developer shall pay for all expense of such condemnation per the Subdi- vision Hap Act.' -1- (v) The property to be acquired pursuant to the condition specified in Recital (iv) above is hereinafter referred to ae 'the Property' and is legally described _n Exhibit 'A' attached hereto. (vi) To date of this Agreement, Developer has not been successful in attempting to .,cquire the Property through the process of negotiation. B. Agreement. NOW, THEREFORE, in consideration of the covenants contained in this Agreement, the parties hereto agree as follows; 1. In consideration of City's covenants herein con- tained, Developer hereby agrees to continue to attempt to ac7uiro the Property through negotiations for the 30 day period immediately following City's execution of this Agreement. 2. In consideration of Developer's continued efforts to acquire the Property through negotiations, should Developer not so acquire the Property within the 30 day period referred to in Paragraph 1 above and subject only to City's conducting a duly noticed public hearing pursuant to California Code of Civil Procedure Section 1245.235 and making the findings set forth in California Code of c }vil Procedure Section 1240.30 based upon substantial evidence presented at said hearing, City shall cause to be commenced and expeditiously process to com- pletion an action in eminent domain by which City shall acquire the Property and, at Developer's request, shall seek an order a / #1 IV Sb -2- %7 for immediate possession of the Property. City shall not seek such an order absent such reqtuest from Developer. Within 40 days following City's executior. of this Agreement, Developer shall either make a written selection of an arpraicer and /or legal counsel to service City in ,acquiring the Property or shall instruct City to make its own such selection or selections. Should Developer not make any such selection within said 40 day period, City shall do so by and througth its City Attorney. Developer shall bear all of the expenseta in City's so acgairi,.g said interests, which expenses shall inc_ude appraiser's fees and reimbursable costs, court costs, atto eys' fees and reim- bursable costs, deposits necessary to take mediate possession of any such interests, deposits reflecting v. -diets as to the value of any such interests necessary to City btaining any final order or orders of condemnation, relocate expenses pay- able to any Occupant of the site, any sum paid a;, and for a settlement of any suit filed by City pursuant to this Paragraph 2, and any and all incidental expenses related to any of the foregoing items. No such settlement shall be effected without Developer first providing to City Developer's written +proval thereuf. If Developer so directs City in writing, Agen shall process an appeal on any judgment entered in a suit filed ly City pursuant to this Paragraph 2 to, and including. the C. i- fornia State Supreme Court level. 3. As above indicated Developer shall solely bear all costs specified in Paragraph 2 hereinabove. In that regarc ..3- City shall on a monthly basis invoice Developer for costs incurred pursuant to Paragraph 2 above. Developer shall remit the amount reflected on any such invoice within thirty (30) days of the date of receipt of that invoice. 4. This Agreement shall not be assigned in whole or in part by Developer without Developer first obtaining the prior written consent to any such assignment by City, which congont shall not be unreasonably withhold. 5. Any and all notices, requests or other communica- tions required or permitted to be giver; under this Agreement or by reason of this Agreement shall be in writing and stall be deemed to have been given when delivered in person, or five (5) business days after mailing by certified or registered mail, return receipt requested, first -class postage prepaid, if mailed in the State of California, or seen (7) business days after so mailing elsewhere in the continental portion of the United States of America, or the date of actual receipt as indicated on the return receipt, whichever date first occurs; or ten (10) hou ;a after the time dispatched by telegram of cable; in every case addresced to the parties hereto as followsi A. If to City, tos CITY :F RANCHO,CUCAMONGA P.O. Box m A, Rancho Cucamonga, California 91730 O�v Attention: City Engineer 1 and -4- MARKMAN i ARCZYNSKI Number One Civic Center Circle P.O. Box 1059 Brea. California 92622 -1059 Attention: Mr J3m09 L. Markman, City Attorney B. If to Developer, to: t ROBERTSON HOMES, INC. 1003 Cooley Drive, Suite 102 Colton, California 92324 I� Attention: Mr. Cary Mazur ti or such other address or addresses as the party addressed may, from time to time, designate in writing in the manner herein b i specified Any notice dispatched by telegram or cable shall be reaffirmed by the sender within twenty-four (2.) hours by mail- ing a confirming letter in thu manner hereinabove specified. 6. In the event that either party hereto brings any action at law or suit in equity in relation to this Agreement, i ' or to declare such party's rights under this Agreement, the S t prevailing party in such suit or action, on trial or appeal, V �k in addition to ell other sums to which it may be entitled, may g. call upon the non - prevailing party to pay a reasonable sum for Y its attorneys' fees and to pay all other costs and expenses that t have been incurred by the prevailing party, either directly or indirectly, in connection with said action or suit, as shall be 1 fixed by the court. ` 7. Nothing in this Agreement, whether expressed or r implied, is intended to confer any rights or remedies under or by reason of the terms and provisions hereof on any person other than the parties to it and their respective succtasors and permitted assigns, nor is anything in this Agreement intended ' -5 f �V to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision hereof give any third persons any right of subroga- tion or action over or against any k y to this Agreement 8. Unless .;therwise requi 3 by a specific provi- sion of this Agreement, time hereunder is to be computed by excluding the first day and including the last day, unless the last day is a Sunday or a legal holiday, and then it is to he excluded. 9. Each party to this Agreement agrees to cooperate by performing any further acts and by executing and delivering an} and all additional documents which may be reasonably neces- sary to carry out the terms and provisions of this Agreement, and each party to this Agreement agrees that it will not act in any manner whatsoever which would hinder, impede, interfere with or prohibit or make more onerous or difficult the perfor- mance of the other party hereto under this Agreement. 10. To the best knowledge and belief of the parties to this Agreement, this Agreement contains no provision that is contrary to any federal, state or local law or to any regu- latory requirement or other ruling or regulation of a federal, state or local agency or that, would be in breach of the obliga- tions of either or both of the parties hereto under the terms and provisions of any legally binding agreement; however, if any provision of this Agreement, or any part thereof, shall at any time be held to be invalid, in whole or in part, under any M. applicable federal, state or local law by a court of competent jurisdiction, or by arbitrators or an admiristrative agency of the federal, state or local government with proper jurisdiction, then such provision or a portion thereof, as appropriate, shall remain in effect only to the extent permitted, and the remain- ing provisions hereof ahall remain in full force and effect and shall in no way be affected, impaired or invalidated, unless the invalidated provision(s) shall uniquely, materially and j adversely affect the rights and obligations of a party to thin Agreement. 11. No delay or omission to exercise any right, pcwer or remedy accruing to either party to this Agreement upon any i breach or default of the other party to this Agreement shall impair any right, power or remedy of the non- defaulting party nor shall it be construed to be a waiver of any such breach or default, or acquiescence therein or thereto, r.• of or in any similar breach or default thereafter occurringr nor shall any waiver of any single breach or default by either party to this Agreement be deemed to be a waiver of any other breach or default theretofore or thereafter occurring. All remedies, either under this Agreement or by law, equity or otherwise, shall be cumulative and not alternate 12. This Agreement and the instruments particularly referenced herein contain the entire and exclusive agreement i between the parties to it, and no promise, representation, A i warrant or covenant not included in this Agreement have beenQ JI/ Sjf'blV -7- or are being relied upon by any party to this Agreement. All obligations of City and Developer under this Agreement are expressly stated, and no other obligations, conditions or c ovenants are to be implied hereunda•. Each party to this Pgreement ties relied or is relying upo', its own examination of the terms and provisions of this Agreement, the counsel of its own advisors, and the warranties, repre ntations, duties and covenants contained in this Agreement. Moreover, the terms and provisions of this Agreement may not be changed orally, but only by an agreement in writing duly executed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 13. This Agreement and any amendment thereto may be executed in one or more counterparts, with the same legally binding effect as if all signatory parties were signatories to the same counterpart. If requested, any signatory party hereto will furnish the other party hereto with a duplicate original counterpart of this Agreement or any amendmant thereto, bearing said signatory's signature. 14. The terms and provleions of this Agreement shall not cause the parties hereto to lie construod in any mannor what- soever as partners, joint vegturerr or agents of each other in the performance of their respecti,te duties and obligations under this Agreement, or subject either party to this Agreement to any obligation, loss, chrrge or expense of the other party unless the party to be )`old responsible has independently contracted a , with the claimant so as to make it directly responsible for the performance and /or payment, as appropriate, of the pertinent obligation, loss, charge or expense 15. Should au; provision of this Agreement require interpretation, it is agreed that the person or persons inter- preting or construing the same shall not apply a presumption that the terms of this Agreement shall be more strictly con- strued against one party by reason of the rule of construction that a document is to be construed more strictly against the party thereto who itself or through its agents or counsel pre- pared the same or caused the saa:e to be prepared; it being agreed that the agents and counsel of all of the parties hereto have participated equally in the negotiation and preparation of this Agreement. The language in all parts of this Agreement shall be in all cases construed simply, fairly, equitably and reason- ably, according to its plain meaning and not strictly for or against any of the parties hereto. 16. Time is expressly made of the essence of each and every provision of this Agreement. 17. The pro - isions of this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. 18. No remedy or election hereunder shall be deemed to be exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. - jV -9- 19. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed and entered into this Agreement as of the date set forth below opposite the name of each such party. y ✓/_ AOB TS , I Dated: 13 By / Dated: By, CITY OF RANCHO CUCAMONGA Dated: By Meyor Dated: By city Cler -10- 1 2 3 4 5 6 e 9 /0 11 12 13 14 IS 16 11 16 19 20 21 22 23 24 25 26 27 28 29 30 51 32 OOIIBIT -A- PARCEI. 1 AN TASEIER TOR STREET. ROAD AUD PUBLIC UTILITIES 19. OVER AND UPON THAT CERTAIN MA. PROPERTY IN THE CITY OP RANCHO CUCAMONGA. COUNTY OT SAN .4.0ARDINO. STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS, THAT PORTION OP LOT 13 OF A SUBDIVISION OF LOT 30. CUCAMONGA VINEYARD TRACT. IH SECTIONS 9 AND 10. TOWNSHIP 1 SOUTH. RANGE T VERY. SAN BERNARDINO MCRIOIAN. AS SHOWN ON A MAP FILM IN BOOK 20. PACE 46 OP MAPS. IN THE OPPICC OP THE COUNTY RECORDER CP SAID COUNTY, DESCRIBED AS FOLLOWS, BEGINNING AT THE INTLRS CC-ION OF THE SOUTHERLY LINE Of SAID LOT 13 WITH A LINE PARALLEL WITH AND 65000 PER. AS MEASURED AT RIGHT AYGLEN. WESTERLY PROM THE EASTERLY LINE OF SAID LOT 131 THLNCC ALONG SAID PARALLEL LINE NORTH 00 00' 05' CAST. 11.00 PER TO A LINE PARALLEL WITH AND 11.00 RR. AS MEASURED AT RIGHT ANGUS. NORTHERLY FROM SAID SOUTHERLY LINE OF TOT 13, THENCE ALSO LAST SAID PARALLEL LINE SOUTH 490 40' 09' CAST. 65.00 RR TO A LINO PARALLEL WITH AND 593.00 PER. AS MEASURED AT PIC" ANGLES. WESTERLY FROM SAID CASTERLY LINE Of LOT 131 THENCE MONO LAST SAID PARALLEL LINE. SOUTH 00 Be, OS' VEST 11 00 PER TO SAID SOUTHCRLY LINE OP TOT 331 THENCE ALONG SAID SOUTHERLY LINE WOK.- 090 40' 09' NEST. 65.00 PER TO TYE POINT or BEGINNING SSLET 1 OT I SNECTS Q/ MOIIgNMiiSGM �Rn„A ,swasr lull bn @��9A1R7CLSID .w4Ww � /4Cn •W PM.,H�q. . } EXHIBIT 'A' 1 PARCEL 2 2 S AN EACCHLOT NR STREET. ROAD AND PUBLIC UTLLITIEB IN. 4 OVER AND UPON THAT CERTAIN REAL PROPERTY in THE CITY O7 6 AASCHO CUCAHONOA. COUNTY OF SAN BERNARDINO. STATC OF 6 CALIFORNIA. DESCRIBED AS FO�. 7 e THAT PORTION Of LOT 17 OF A SUBDIVISION OF LOT 10. 9 CUCAItlNUA VINEYARD TRACT. IN SCCTIOSS 9 AND 10, TONHS;HIP 10 1 SOUTH. RANGE 7 WEST. SAN BER.HARDINO MERIDIAN. AS SHOWN 11 OB A NAP FILED IN SOON 20. PAOC 44 Of HAPB. IN THC OFFICE 12 OF THE COUNTY ACCORDCA OF SAID COUNTY. DESCRIBED AS 17 FOLLOWS, 14 13 BEGINNING AT THC NORTHWEST MOSER OF SAID LOT 121 THENCE 16 ALONG THE OORTHERLY LINE OF LOT 11 BOOTH 090 40' 17' 17 CAST. 7.00 PER TO A Lin PARALLEL WITH ASO 7.00 FEET, AS IB MEASURED AT •'.GUY ANGLES. CANTCALY FRON TUC WE9TCALY LINE 19 OF SAID LOT Las THENCC ALONG SAID PARALLEL LINE SOUTH 00 70 18' 46' WEST. 110.00 FCET TO A LINO PARALLEL WITH AND 21 110.00 FFCT. AS H.7ASURED AT RIGHT ANGLES. SOUTHERLY FROM 22 SAID NORTHERLY LINE OF LOT 121 THENCE ALONG LAST SAID 27 PARALLEL LIVE WRTH 090 40' 77' WEST, 7.00 FEET TO SAID 24 WESTERLY LINE OF LOT 171 TUEWCC ALONG SAID WCSTCRLY LILAC 25 WORTH 00 10' 46' CAST. 110 00 FEET TO THE POINT OF 26 BCOINNINO 27 28 29 30 72 SHEET 2 OF 2 OREM oN i6A4m1RMiW� NYmOn H = == =. M. { i EASEMENT FOR STREET, ROAD S PUBLIC UTILITIES TELL LINE LOT 1)--a_ 1 BEAR (U1S.0 'a P EASEMENT FOR STREET H ROAD AND PUBLIC UTILITIES :r w as M{ 14 {!OC WILY LINE OF THE EASTERLY 650* P8 LOT 13 ww o LOT 13 rl J AI B 20/44 '• io 9 jJ �I 0 Y � J ¢ L07 14 » � MB 20/44 w °y Furuae w iS i .Jg L� EXIST R/W I • { PD6IYC{LS Y8 S WILY LINE LOT J _ L --- -J —r— nE7t6HD�YEHSt�. wood EASEMENT FOR STREET.ROAD AND PUBLIC UTIlTIE3 ^Z.-.'_ u•u r. rr 110 �p3T i. w� Bisseli Architects 3434 vu Lido Suae 250 NmDon Beach Camkxna926633 (714) 675-9901 s� February 19, 1986 TO: Mayor and Members of the City Council City of Rancho Cucamonga Planning Dept. 9320 Baseline Road, Suite C P. 0. Box 807 Rancho Cucamonga, CA 91730 ATTENTION: Brad Buller Re: Food Court Staff Report (dated 2- 19 -86) Dear Mr. Buller: On Tuesday of this week, I received in the mail the above mentioned staff report. Upon reading this report I discovered the added condition B8, statiny • ..the applicants commitment to provi a public viewing area within the grape crusher building for exhibiting artifacts associated with the histooical Virginia Dare Winery.' There is obviously confusion in this quote and condition. My recollection of Don Christeson, the applicants comments, referred specifically to the rear doors adjacent to the crusher building. The question was whether or not these doors could be accessible to the punlic. The answer was yes. To date there are no tenants for those spaces, however the doors are there for their usage. With respect to artifacts for display, Mr. Christeson indicated his desire to display crusher devices in the open landscape area adjoining the rear and sides of the crusher building. In our meeting. with Dan Coleman, Howard Fields and the Historical Society, the use of the crusher building was to be used for storage, refuse, electrical equipment and site maintenance equipment only. Therefore for the record, we request that condition I8 be clarified so stated in this letter. Sincerely, Glen Ge IWI GG:tms