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HomeMy WebLinkAbout2014/07/02 - Agenda Packet W of 4 HO UCAMONGA 10500 Civic Center Drive Rancho Cucamonga, CA 91730-3801 City Office: (909) 477-2700 AGENDAS FIRE PROTECTION DISTRICT BOARD PUBLIC FINANCING AUTHORITY CITY COUNCIL REGULAR MEETINGS 1St and 3rd Wednesdays 7:00 P.M. JULY 2, 2014 ORDER OF BUSINESS CLOSED SESSION Tapia Conference Room 5:00 P.M. Call to Order Public Communications Conduct of Closed Session City Manager Announcements REGULAR MEETINGS Council Chambers 7:00 P.M. MEMBERS MAYOR L. Dennis Michael MAYOR PRO TEM Sam Spagnolo COUNCIL MEMBERS William Alexander Marc Steinorth Diane Williams CITY MANAGER John R. Gillison - "" CITY ATTORNEY James L. Markman • �••Mir P S rte . ter } CITY • CLERK Janice C. Re Reynolds . • , ` INFORMATION FOR THE PUBLIC L�� a,441-1-,O(JCAMONGA TO ADDRESS THE FIRE BOARD, PUBLIC FINANCING AUTHORITY, SUCCESSOR AGENCY AND CITY COUNCIL The Fire Board, Public Financing Authority,Successor Agency and City Council encourage free expression of all points of view. To allow all persons to speak, given the length of the Agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others,the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Fire Board, Public Financing Authority, Successor Agency and City Council by filling out a speaker card and submitting it to the City Clerk. The speaker cards are located on the wall at the back of the Chambers, at the front desk behind the staff table and at the City Clerk's desk. If as part of your presentation, you would like to display visual material, please see the City Clerk before the meeting commences. Any handouts for the Fire Board, Public Financing Authority, Successor Agency or City Council should be given to the City Clerk for distribution. During"Public Communications,"your name will be called to speak on any item listed or not listed on the agenda in the order in which it was received. The "Public Communications" period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period,all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items)will be accepted once the business portion of the agenda commences. Any other"Public Communications"which have not concluded during this one-hour period may resume after the regular business portion of the agenda has been completed. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. If you are present to speak on an"Advertised Public Hearing"or on an"Administrative Hearing"Item(s),your name will be called when that item is being discussed, in the order in which it was received. Comments are to be limited to five minutes per individual or less,as deemed necessary by the Chair,depending upon the number of individuals desiring to speak. AGENDA BACK-UP MATERIALS Staff reports and back-up materials for agenda items are available for review at the City Clerk's counter, the City's Public Library(-ies) and on the City's website. A complete copy of the agenda is also available at the desk located behind the staff table during the Council meeting. LIVE BROADCAST Fire Board, Public Financing Authority, Successor Agency and City Council meetings are broadcast live on Channel 3 for those with cable television access. Meetings are rebroadcast on the second and fourth Wednesdays of each month at 11:00 a.m. and 7:00 p.m. The City has added the option for customers without cable access to view the meetings"on-demand"from their computers. The added feature of"Streaming Video On Demand"is available on the City's website at www.cityofrc.us/cityhall/council/videos.aspfor those with Hi-bandwidth (OSL/Cable Modem) or Low-bandwidth (Dial-up) Internet service. The Fire Board,Public Financing Authority,Successor Agency and City Council meet regularly on the first and third Wednesday of the month at 7:00 p.m.in the Council Chambers located at 10500 Civic Center Drive. Members of the City Council also sit as the Fire Board,Public Financing Authority,Successor Agency and City Council. Copies of the agendas and minutes can be found @ www.citvotrc.us If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's office at (909) 477-2700. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. Please turn off all cellular phones and pagers while the meeting is in session. FIRE PROTECTION DISTRICT, _; •• . PUBLIC FINANCING AUTHORITY AND 1 •.• •• • ':- CITY COUNCIL AGENDA • o oNL JULY 2, 2014 A. 5:00 P.M. - CLOSED SESSION CALL TO ORDER - TAPIA CONFERENCE ROOM Al. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams CLOSED SESSION CALLED TO ORDER AS THE CITY COUNCIL. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) ID. CONDUCT OF CLOSED SESSION - TAPIA CONFERENCE ROOM I D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. D2. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229-021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. E. CITY MANAGER ANNOUNCEMENTS (NO DISCUSSION OR ACTION WILL OCCUR) F. RECESS CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. FIRE PROTECTION DISTRICT, =•• • PUBLIC FINANCING AUTHORITY AND 2 • ::• j CITY COUNCIL AGENDA C.6cAmoNc.,A JULY 2, 2014 qui G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS THE REGULAR MEETINGS OF THE FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL WILL BE CALLED TO ORDER. IT IS THE INTENT TO CONCLUDE THE MEETINGS BY 10:00 P.M., UNLESS EXTENDED BY CONCURRENCE OF THE FIRE BOARD, AUTHORITY BOARD AND COUNCIL. G1. Pledge of Allegiance G2. Roll Call: Mayor Michael Mayor Pro Tern Spagnolo Council Members Alexander, Steinorth and Williams H. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Fire Protection District, Public Financing Authority Board and City Council on any item listed or not listed on the agenda. State law prohibits the Fire Protection District, Public Financing Authority Board and City Council from addressing any issue not previously included on the Agenda. The Fire Board, Public Financing Authority Board and City Council may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals desiring to speak. All communications are to be addressed directly to the Fire Board, Authority Board or City Council not to the members of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises, or engaging in any activity which might be disruptive to the decorum of the meeting. The public communications period will not exceed one hour prior to the commencement of the business portion of the agenda. During this one hour period, all those who wish to speak on a topic contained in the business portion of the agenda will be given priority, and no further speaker cards for these business items (with the exception of public hearing items) will be accepted once the business portion of the agenda commences. Any other public communications which have not concluded during this one hour period may resume after the regular business portion of the agenda has been completed. FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND 3 • ' CITY COUNCIL AGENDA _awfiooK,AmoN,A JULY 2, 2014 CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. r I. CONSENT CALENDAR - FIRE PROTECTION DISTRICT 11. Approval of Minutes: June 18, 2014 (Regular Meeting) June 11, 2014 (Special Meeting) --- 12. Approval of Check Register dated June 11, 2014 through June 24, 2014 for the total of 1 $168,890.64. 13. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 6 14-1 (APN: 0209-122-01— Royal Falcon Investment Company LLC, Owner) located on the northeast corner of Center Avenue and 2401 Street into Community Facilities District No. 85- 1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-018 8 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 14. Approval to adopt an Annexation Map showing Assessor Parcel Number 0209-122-01, 18 (Royal Falcon Investment Company LLC, Owner), located on the northeast corner of Center Avenue and 24'h Street, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-019 19 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-1) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 FIRE PROTECTION DISTRICT, jotey- • PUBLIC FINANCING AUTHORITY AND 4 • CITY COUNCIL AGENDA t '.fl i CAMONGA JULY 2, 2014 15. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 22 14-3 (APN: 0229-192-20— All State Paper & Metal Recycling CO., Owner) located on the south side of Whittram Avenue east of Pecan Avenue into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the Annexation Territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-020 24 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 16. Approval to adopt an annexation map showing Assessor Parcel Number 0229-192-20, (All 34 State Paper & Metal Recycling CO., Owner), located on the south side of Whittram Avenue east of Pecan Avenue, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-021 35 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-3) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 17. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 38 14-4 (APN: 1089-581-06— Etiwanda Congregation Jehovah's Witness., Owner) located on 12692 Base Line Road into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-022 40 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-4) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 FIRE PROTECTION DISTRICT, ;••. PUBLIC FINANCING AUTHORITY AND 5 ••r • ' CITY COUNCIL AGENDA JULY 2, 2014 18. Approval to adopt an annexation map showing Assessor Parcel Number 1089-581-06, 50 (Etiwanda Congregation Jehovah's Witness., Owner), located at 12692 Base Line Road, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-023 51 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-4) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 19. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 54 14-5 (APN: 1089-581-01— Dr. Horton., Owner) located at the north east corner of Base Line Road and San Carmela Court into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. RESOLUTION NO. FD 14-024 56 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 110. Approval to adopt an annexation map showing Assessor Parcel Number 1089-581-01, (Dr. 66 Horton., Owner), located at the north east corner of Base Line Road and San Carmela Court, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-025 67 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-5) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 111. Approval to adopt a Resolution of Intention to annex territory referred to as Annexation No. 70 14-6 (APN: 0229-041-09— Lennar Homes., Owner) located at 13200 Arrow Route into Community Facilities District No. 85-1, specifying services proposed to be financed, to set and specify the special taxes proposed to be levied within the annexation territory and set a time and place for a public hearing related to the annexation. FIRE PROTECTION DISTRICT, • • PUBLIC FINANCING AUTHORITY AND 6 • • • CITY COUNCIL AGENDA vim: JULY 2, 2014 RESOLUTION NO. FD 14-026 72 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 112. Approval to adopt an annexation map showing Assessor Parcel Number 0229-041-09, 82 (Lennar Homes., Owner), located at 13200 Arrow Route, which is proposed to be annexed into Community Facilities District No. 85-1. RESOLUTION NO. FD 14-027 83 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85- 1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-6) SHOWING PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 113. Accept the bids received and award and authorize the execution of the contract in the 86 amount of $2,651,034.00, to the lowest responsive bidder, Oakview Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $265,103.40, for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility to be funded from Fire Protection District Capital Funds, Account No. 3288501-5602 and approve an appropriation in the amount of $416,140.00 from Fire District Capital Reserves to Account No. 3288501-5602 with authorization for staff to allocate the appropriation among capital-related expenditure object numbers as needed. 114. Authorization to execute a Memorandum of Understanding for Phase II Joint Solar 89 Procurement with SANBAG, approval of Resolution No. FD 14-028 for the reimbursement to the City for related cost through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for an additional solar candidate site. RESOLUTION NO. FD 14-028 100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING REIMBURSEMENT TO CITY OF COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FINANCING PROGRAM FIRE PROTECTION DISTRICT, ,::•••, PUBLIC FINANCING AUTHORITY AND 7 •,:•• CITY COUNCIL AGENDA JULY 292014 J. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY I J1. Approval of Minutes: June 18, 2014 (Regular Meeting) K. CONSENT CALENDAR - CITY COUNCIL I K1. Approval of Minutes: June 18, 2014 (Regular Meeting) June 11, 2014 (Special Meeting) K2. Approval of Check Register dated June 11, 2014 through June 24, 2014 and payroll ending 101 June 24, 2014 for the total of $5,354,338.26. K3. Accept the Central Park Pavilion Project, Contract No. 13-146 as complete, release the 135 bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of$261,363.09. RESOLUTION NO. 14-108 137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CENTRAL PARK PAVILION PROJECT, CONTRACT NO. 13-146 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K4. Approval of a contract extension between NEC Corporation of America and the City of 138 Rancho Cucamonga for Telephone System Maintenance and Support Services for Fiscal Year 2014/15, and approve an authorization to appropriate $3,186.00 from Telecommunications Fund 1001217-5300 (Contract Services). K5. Authorization to execute an Enterprise License Agreement (ELA) for Geographic 139 Information Systems (GIS) Software between Environmental System Research Institute (ESRI) and the City of Rancho Cucamonga in the total amount of $300,000 for a three (3) year term beginning Fiscal Year 2014/2015 through Fiscal Year 2016/2017 payable in three annual installments. K6. Approval of Amendment No. 001 renewing the Professional Services Agreements with a 142 fee increase for Ninyo & Moore (CO 13-132), Leighton Consulting, Inc. (CO 13-134) and Converse Consultants (CO 13-135) for providing annual soils and materials testing services for FY 2014/2015, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2014/2015 Budget. K7. Approval to authorize the advertising of the "Notice Inviting Bids" for the 19th Street 144 Pavement Rehabilitation from Haven Avenue to West City Limit and Hellman Avenue from Base Line Road to 19th Street to be funded from Gas Tax RT7360 and Measure I funds. FIRE PROTECTION DISTRICT, = • PUBLIC FINANCING AUTHORITY AND 8 •• ••' CITY COUNCIL AGENDA 10 aCAMONGA JULY 2, 2014 RESOLUTION NO. 14-109 146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS K8. Accept the Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track 150 and Baker Avenue from 8th Street to 9th Street, Contract No. 14-011 as complete, release the bonds, accept a maintenance bond, authorize the City Engineer to file a Notice of Completion and approve the final contract amount of $152,853.50. RESOLUTION NO. 14-110 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET, CONTRACT NO. 14-011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK K9. Approval of an agreement for acquisition of real property and joint escrow instructions with 154 Intex Properties Inland Empire Corp. for the acquisition of right-of-way located at 5747 East Avenue in the City of Rancho Cucamonga (APN 0225-131-21) needed for the Wilson Avenue Extension and Rehabilitation Project and the approval of an appropriation of $4,300 to Account No. 11243035650/1515124-0 from undesignated fund balance. K10. Recommendation to quitclaim vehicular access rights for Lot 15 of Tract Map 9324, along 157 Carnelian Avenue located on the west side of Carnelian Avenue south of Hillside Road — APN 1061-671-28. Related File: DRC2014-00030. RESOLUTION NO. 14-111 159 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECCESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED K11. Approval of final map and monumentation cash deposit for Parcel Map 18904, located at 161 the southwest corner of Laurel Street and Red Oak Avenue, submitted by RC Laurel Properties, LLC, a California Limited Liability Company. 51' FIRE PROTECTION DISTRICT, •• • PUBLIC FINANCING AUTHORITY AND 9 L• _::] CITY COUNCIL AGENDA JULY 2, 2014 RESOLUTION NO. 14-112 163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 18904 K12. Approval of final map for Parcel Map 19481, located at 10801 and 10803 Foothill 164 Boulevard, north side of Laurel Street, submitted by PV Rancho LLC, a California limited liability company. RESOLUTION NO. 14-113 166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP FOR PARCEL MAP 19481 K13. Approval of Amendment No. 06 renewing the Professional Services Agreements with a fee 167 increase for All City Management Services, Inc. (CO#13-150) for Professional Crossing Guard Services to be funded from Account No. 10187015300 (Contract Services FY 2014- 15). K14. Consideration to set a public hearing to approve revisions to the residential and 168 commercial/industrial refuse and recycling rates. K15. Authorization to execute a Memorandum of Understanding for Phase II Joint Solar 170 Procurement with SANBAG, approval of Resolution No. 14-114 for the reimbursement to the City for related cost through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for an additional solar candidate site. RESOLUTION NO. 14-114 181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA AUTHORIZING REIMBURSEMENT TO CITY OF COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY FINANCING PROGRAM L. ADVERTISED PUBLIC HEARINGS CITY COUNCIL The following items have been advertised and/or posted as public hearings as required by law. The Mayor will open the meeting to receive public testimony. L1. Environmental Assessment and Development Code Amendment DRC2014-00205 City of 182 Rancho Cucamonga - a supplement to Development Code update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a negative declaration of the environmental impacts for consideration. FIRE PROTECTION DISTRICT, • PUBLIC FINANCING AUTHORITY AND 10 •.':;� CITY COUNCIL AGENDA f«CaC,MONt, JULY 2, 2014 ORDINANCE NO. 867 (FIRST READING) 237 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENT TO THE DEVELOPMENT CODE UPDATE, AMENDING TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO CLARIFY DEFINITIONS, ADMINISTRATIVE PROCEDURES AND CORRECT PRIOR ERRORS AND OMISSIONS M. CITY MANAGER'S STAFF REPORTS CITY COUNCIL & FIRE PROTECTION DISTRICT The following items have no legal publication or posting requirements. Ml. Update on 2014 City Council Goals. - City 285 M2. Approval to authorize an increase to Contract No. FD13-019 in the amount of 292 $1,237,500.00 ($1,125,000.00 plus a ten (10) percent contingency) to HMC Architects and approve Amendment No. 02 for the addition of Phase II Architectural, Civil, Electrical, Mechanical and Structural Engineering services to the original architectural design services for the Fire District Training Center, in accordance with the proposal dated May 22, 2014, funded from Account No. 3288501-5650/1735288-6311 (Capital Project —Training Facility) and approve an appropriation in the amount of $1,237,500.00 from Fire District Capital Reserves to Account No. 3288501-5650/1735288-6311. - Fire N. COUNCIL BUSINESS The following items have been requested by the City Council for discussion. N1. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) N2. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) 0. IDENTIFICATION OF ITEMS FOR NEXT MEETING P. ADJOURNMENT I, Debra L. McNay, Assistant City Clerk/Records Manager, of the City of Rancho Cucamonga, or --- my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on June 26, 2014, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. June 18, 2014 RANCHO CUCAMONGA CITY COUNCIL, FIRE PROTECTION DISTRICT, SUCCESSOR AGENCY CLOSED SESSION, REGULAR MEETINGS MINUTES A. CALL TO ORDER The Rancho Cucamonga City Council and Fire Protection District held a regular closed session on Wednesday, June 18, 2014 in the Tapia Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. The meeting was called to order at 5:00 p.m. by Mayor L. Dennis Michael. Present were Council/Fire Protection District Members: Bill Alexander, Diane Williams, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Council/Fire Protection District Member Marc Steinorth was absent. Also present were: John Gillison, City Manager; City Attorney Jim Markman; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Lori Sassoon, Deputy City Manager/Administrative Services and Robert Neiuber, Human Resource Director. B. ANNOUNCEMENT OF CLOSED SESSION ITEM(S) The following closed session items were considered: D1. CONFERENCE WITH LABOR NEGOTIATOR ROBERT NEIUBER AND LIEBERT CASSIDY WHITMORE PER GOVERNMENT CODE SECTION 54954.2 REGARDING LABOR NEGOTIATIONS WITH SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION, RANCHO CUCAMONGA CITY EMPLOYEES ASSOCIATION AND THE EXECUTIVE MANAGEMENT EMPLOYEES. D2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) — DENO JOSEPH BOSSIERE, SR.; LETICIA BOSSIERE, INDIVIDUALLY AND AS SUCCESSORS IN INTEREST TO DEVIN BOSSIERE, DECEDENT V. CITY OF RANCHO CUCAMONGA; COUNTY OF SAN BERNARDINO; STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION; AND DOES 1 THROUGH 100, INCLUSIVE. CASE NO. CIVRS 1401497. D3. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 5546 WEST BERYL AVENUE, AND GENERALLY REFERRED TO AS THE HERITAGE PARK EQUESTRIAN CENTER; NEGOTIATING PARTIES: NETTIE NIELSEN, COMMUNITY SERVICES DIRECTOR;WILLIAM WITTKOPF, PUBLIC WORKS SERVICES DIRECTOR, CITY OF RANCHO CUCAMONGA AND THE ALTA LOMA RIDING CLUB; REGARDING LEASE TERMS. D4. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT 12400 ARROW ROUTE (APN 0229- 021-60-0000); NEGOTIATING PARTIES JOHN GILLISON, CITY MANAGER AND JEFF BLOOM, DEPUTY CITY MANAGER AND OMNITRANS; REGARDING PRICE AND TERMS. D5. CONFERENCE WITH PROPERTY NEGOTIATORS PER GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY GENERALLY LOCATED AT BASE LINE ROAD AND DAY CREEK (APNS 089-031-15-0000, 1089-031-16-0000 AND 1089-031-35-0000); NEGOTIATING PARTIES LINDA DANIELS, ASSISTANT CITY MANAGER, CITY OF RANCHO CUCAMONGA AND ROBERT MARTIN, VICE PRESIDENT, MANAGING DIRECTOR—LAND ACQUISITION, LEWIS OPERATING CORP.; REGARDING PRICE AND TERMS. * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 1 of 8 IC. PUBLIC COMMUNICATIONS ON CLOSED SESSION ITEM(S) I No public communications were made. E. CITY MANAGER ANNOUNCEMENTS I No discussion or actions were taken. F. RECESS I CLOSED SESSION TO RECESS TO THE REGULAR FIRE PROTECTION DISTRICT, PUBLIC FINANCING AUTHORITY AND CITY COUNCIL MEETINGS AT 7:00 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, LOCATED AT 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA. The closed session recessed at 6:15 p.m. with no action taken. G. REGULAR MEETING CALL TO ORDER - 7:00 P.M. COUNCIL CHAMBERS The meetings of the Rancho Cucamonga Fire Protection District, Successor Agency, Financing Authority and City Council reconvened in the Council Chambers of the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. President/Chairman/Mayor L. Dennis Michael called the meeting to order at 7:00 p.m. Present were Council/Fire Protection District/Successor Agency Members: Bill Alexander, Diane Williams, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Council/Fire Protection District/Successor Agency Member Marc Steinorth was absent. Also present were: John Gillison, City Manager; Jim Markman, City Attorney; Linda Daniels, Assistant City Manager; Jeff Bloom, Deputy City Manager/Economic and Community Development; Trang Huynh, Building & Safety Services Director; Bill Wittkopf, Public Works Services Director; Veronica Fincher, Animal Care and Services Director; Fire Chief Mike Bell; Nettie Nielsen, Community Services Director; Debra McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. H. ANNOUNCEMENTS/PRESENTATIONS I H1. Presentation of Certificates of Recognition to Teen Trac Member Jacob McGaughey and Kohls #601 Team Members -2014 California Park and Recreation Society(CPRS) District 11 Layman Award Recipients. Mayor Michael presented certificates of recognition to the 2014 California Park and Recreation Society District 11 Layman Award Recipients. H2. Progress Update on Rancho Cucamonga's participation in the Cool California Challenge. Deborah Allen, Management Aide, announced the Cool California Challenge and what residents can do to participate. H3. Presentation of ParkRancho.com parking permit website for reserved parking in Rancho Cucamonga. Tiffany Cooper, Management Analyst II, presented an update on the ParkRancho.com parking permit program. * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 2 of 8 I. PUBLIC COMMUNICATIONS I 11. Janet Walton offered a prayer for the City Council and the audience. 12. Rob Dennis thanked the Fire Protection District and the mutual aid partners for their assistance during the recent fire. 13. Bill Hanlon addressed Item L4 (Red Hill Park Lake). He indicated that the person that created the estimate should be terminated and the contractor should not be paid for the extra work. 14. Allison Murray Kreider stressed that volunteers are always needed at the Animal Care and Adoption Center, along with a compassionate Director. The No Kill goal requires rigorous implementation. 15. Dana Keithly expressed a concern with the inflated numbers in the Animal Care and Adoption Center's annual report. She noted that the number of volunteers has gone down and the animal pictures on the Internet site are poorly done. Mrs. Keithly introduced the video, Redemption: The Myth of Pet Overpopulation and the No Kill Revolution in America by Nathan J. Winograd. 16. Melissa Schweigert continued playing the video by Mr. Winograd. 17. Ondra Gilbertson continued with the video presentation. 18. Susan Keithly indicated that the City was given a road map on how to achieve No Kill at the Animal • Care and Adoption Center and did not use it. She stressed the need for the Director to follow the procedures set forth by Mr. Winograd. 19. Jim Frost thanked the Police Chief and the Police Department for their assistance in ensuring that the Run for the Wall participants reached the Riverside National Cemetery safely. CONSENT CALENDARS: The following Consent Calendar items are expected to be routine and non-controversial. They will be acted upon by the Fire Board/Successor Agency/Authority Board/Council at one time without discussion. Any item may be removed by a Fire Board/Successor Agency/Authority Board/Council Member for discussion. J. CONSENT CALENDAR - FIRE PROTECTION DISTRICT I J1. Approval of Minutes: June 4, 2014 (Regular Meeting) J2. Approval of Check Register dated May 28, 2014 through June 10, 2014 for the total of $75,442.91. J3. Approval to receive and file current Investment Schedule as of May 31, 2014. J4. Approve Amendment No. 002 to renew Contract (CO 12-071) with ASSI Security through June 30, 2015 with no price increase, in an amount not to exceed $100,000 annually ($25,000 Fire, $75,000 City Facilities) for the maintenance and repair of access controls and related security services for the existing City and Fire Facilities to be funded from various General Fund and Fire District accounts contingent upon the adopted budget for FY 2014-2015. * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 3 of 8 J5. Approve Amendment No. 003 to renew Contract CO 03-084) with EMCOR Service/Mesa Energy Systems, Inc. (EMCOR Service), on a month-to-month basis with no fee increase for Fiscal Year 2014-2015 for HVAC/Control work and related energy management systems in the amount of $206,240 ($17,186 per month) for City Facilities; approve extra repair work for City Facilities not to exceed $215,000 and $25,000 for Fire District Facilities; and perform indoor air quality modifications as needed at city-wide facilities not to exceed $10,000; to be funded from various City and Fire Accounts contingent on the adopted budget for Fiscal Year 2014-2015. MOTION: Moved by Spagnolo, seconded by Williams,to approve the staff recommendations in the staff reports. Motion carried 4-0-1 (Steinorth absent). K. CONSENT CALENDAR - PUBLIC FINANCING AUTHORITY K1. Approval of Minutes: June 4, 2014 (Regular Meeting) MOTION: Moved by Williams, seconded by Spagnolo, to approve the minutes. Motion carried 4-0-1 (Steinorth absent). L. CONSENT CALENDAR - CITY COUNCIL L1. Approval of Minutes: June 4, 2014 (Regular Meeting) L2. Approval of Check Register dated May 28, 2014 through June 10, 2014 and payroll ending June 10, 2014 for the total of$2,594,739.11. L3. Approval to receive and file current Investment Schedule as of May 31, 2014. L4. Approve Amendment No. 001 to Contract CO 14-082 with United Storm Water, Inc. to increase the contract amount to $140,650 to continue with the drainage and cleaning of Red Hill Park Lake to be funded from 1001319-5300/1897-0 (Park Maintenance); and to appropriate $40,780 to 1001319-5300 from 1001319 fund balance. L5. Approval to terminate Contract CO 12-093 with Contact Security, Inc. and approve the award of a month-to-month contract with Allied Barton Security Services, LLC (CO 14-145) of Riverside, California for Security guard services at various City locations on an emergency basis, until these services are formally re-bid in the 14/15 Fiscal Year not to exceed 7 months; in the amount of $26,250 for the remainder of Fiscal Year 13/14 and $173,200 for Fiscal Year 14/15 to be funded from City Facility, Landscape Maintenance District 3B, Sports Complex and Library Accounts; Appropriate $10,830 in Fiscal Year 14/15 from 1001312 (Facilities Maintenance- $2,500), 1700312 (Sports Complex-$2,000), 1133303 (Landscape Maintenance 3B-$5,400), and 1290606 (Archibald Library-$930) fund balances into 1001312-5304, 1700312-5304, 1133303-5304, and 1290606-5300. L6. Approve Amendment No. 002 to renew Contract CO 13-008 with Able Building Maintenance of Santa Ana, California, with NO fee increase and consistent with the original competitive bid process, effective July 1, 2014 through June 30, 2015 for window cleaning services at various City facilities, contingent on the adopted budget for Fiscal Year 2014-2015 in an amount not to exceed $78,000 ($68,000 base amount plus $10,000 extra work), to be funded from accounts 1001312-5304 (Facilities Maintenance) and 1700312-5304 (Sports Complex). L7. Approve Amendment No. 002 to renew Contract (CO 12-071) with ASSI Security through June 30, 2015 with no price increase, in an amount not to exceed $100,000 annually ($25,000 Fire, $75,000 City Facilities) for the maintenance and repair of access controls and related security services for the existing City and Fire Facilities to be funded from various General Fund and Fire District accounts contingent upon the adopted budget for FY 2014-2015. * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 4 of 8 L8. Approve Amendment No. 003 to renew Contract (CO 03-084) with EMCOR Service/Mesa Energy Systems, Inc. (EMCOR Service), on a month-to-month basis with no fee increase for Fiscal Year 2014-2015 for HVAC/Control work and related energy management systems in the amount of $206,240 ($17,186 per month) for City Facilities; approve extra repair work for City Facilities not to exceed $215,000 and $25,000 for Fire District Facilities; and perform indoor air quality modifications as needed at city-wide facilities not to exceed $10,000; to be funded from various City and Fire Accounts contingent on the adopted budget for Fiscal Year 2014-2015. L9. Accept the bids received,award and authorize the execution of a contract in the base bid amount of $110,448 and additive bid amount of $26,880.00 for the "LMD-4R Paseo and Park Lighting Project" to the lowest responsive bidder, Torga Electric, of San Bernardino and authorize the expenditure of a contingency in the amount of$12,672 to be funded from Account No. 1134303- 5650/1858134-0 (LMD-4R Park Lighting Retrofit). L10. Approve Amendments No. 002 to renew contracts CO 02-018 and CO 09-125 with Trugreen Landcare of Riverside, California, with no fee increase and consistent with the original competitive bid process, effective July 1, 2014 through June 30, 2015 for the maintenance of City landscape sites, contingent on the adopted budget for FY 2014-2015, in an amount not to exceed $800,400 to be funded from General Fund Account 319 (Park Maintenance) and Landscape Maintenance District Accounts 136 (Caryn Community), 137 (North Etiwanda), 138 (South Etiwanda), 139 (Lower Etiwanda) and 140 (Rancho Etiwanda). L11. Accept the bids received and award and authorize the execution of the contract in the amount of$86,369.00, to the lowest responsive bidder, TSR Construction and Inspection and authorize the expenditure of a 10% contingency in the amount of $8,636.90, for the sidewalk improvements on Banyan Street (north side) from Merlot Court to Cantabria Avenue and Beryl Street(west side)from Base Line Road to 19th Street to be funded from Gas Tax RT7360 Funds, Account Nos. 1174303-5650/1862174-0 and 1174303-5650/1863174-0. L12. Release of Maintenance Guarantee Bond No. 58696729-M in the amount of $124,259.76, for Arrow Route from Baker Avenue to Archibald Avenue; Milliken Avenue from Arrow Route to Base Line Road and from Fairmont Way to 80' north of Kenyon Way Pavement Rehabilitation, Contract No. 12-123. L13. Approval of Cooperative Agreement between the Cucamonga Valley Water District and the City of Rancho Cucamonga for the construction of a 24" water main in conjunction with the City's Wilson Avenue Extension Project — between East Avenue and Wardman Bullock Road, and authorize the Chairman to sign said Cooperative Agreement. L14. Approval of Amendment No. 001 renewing the Professional Services Agreements with no fee increase for Aufbau Corporation (CO 13-141), Onward Engineering (CO 13-143) and Dan Guerra & Associates (CO 13-142) for providing annual public works inspection/construction support and engineering support annual services for FY 2014/2015, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2014/2015 Budget. L15. Approval of Amendment No. 001 renewing the Professional Services Agreements with no fee increase for Dawson Surveying, Inc. (CO 13-137), LEH & Associates (CO 13-138), Westland Group, Inc. (CO 13-139) and Madole & Associates (CO 13-140) for providing annual survey services for FY 2014/2015,for proposed capital improvement projects throughout the City,to be funded from various individual project accounts as approved in the FY 2014/2015 Budget. L16. Approval to renew Professional Services Agreement (CO 12-078) with Applied Metering Technologies, Inc. for installation, configuration and meter reading services within the Rancho Cucamonga Municipal Utility Service Area for FY 2014/15 to be funded from 17053035309 Municipal Utility Fund. * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 5 of 8 L17. Approval to renew Professional Services Agreement (CO 12-077) with Butsko Utility Design, Inc. for Technical Electrical Engineering support within the Rancho Cucamonga Utility Service Area for FY 2014/15 to be funded from 17053035309 Municipal Utility Fund. L18. Approval to renew Professional Services Agreement (CO 13-083) with Richard Heath and Associates, Inc. for Energy Conservation Audits and Implement a Customer Direct installation program for Rancho Cucamonga Municipal Utility Customers for FY 2014/15 to be funded from 17063035300 Utility Public Benefit Fund. L19. Approval to renew Professional Services Agreement (CO 12-075) with International Line Builders, Inc. for operation and maintenance of the Arbors Substation and the Municipal Utilities Electrical Distribution System within the Rancho Cucamonga Municipal Utility Service Area for FY 2014/15 to be funded from 17053035309 and 17053035603 Municipal Utility Funds. L20. Approval to renew and amend Professional Services Agreement (CO 13-196) with Industrial Electric Machinery, LLC for tri-annual maintenance testing at the Rancho Cucamonga Municipal Utility Arbors Substation for FY 2014/15 to be funded from 17053035309 Municipal Utility Funds. L21. Approval for award and authorize the execution of the contract and Addendum #1, in the amount of $77,987.40, including 5% contingency, to Jacobs Engineering Group Inc., for design professional services for the Etiwanda Avenue Grade Separation at Metrolink Tracks, between 6th Street and Arrow Route Project, to be funded from Transportation Funds, Account No. 1124303-5650/1076124 and Citywide Infrastructure Funds, Account No. 1198303- 5650/1076198. L22. Approval for award and authorize the execution of the contract in the amount of $10,000.00 to Douglas Engineering Inc., for project design support services for the Etiwanda Avenue Grade Separation at Metrolink Tracks between 6th Street and Arrow Route Project, to be funded from Citywide Infrastructure Funds, Account No. 1198303-5650/1076198. L23. Approval to authorize an increase to Contract No. 14-006 in the amount of $72,300.00 to Econolite Control Products, Inc., for the installation, configuration, integration, training, and testing of Traffic Signal Communication equipment along Foothill Boulevard and Base Line Road for the Traffic Management Center upgrade project Citywide, to be funded from Transportation fund, Account No. 11243035650/1831124-0. L24. Approval of an agreement for Design Professional Services in the amount of$319,604 with RJM Design Group, Inc. and authorize the expenditure of a 10% contingency in the amount of $31,960, for the design development and construction document services for Southwest Cucamonga Park, a 3.5 acre neighborhood park to be funded by a Proposition 84 Grant from Account No. 1235305-5650/1754235-0. MOTION: Moved by Williams, seconded by Spagnolo, to approve the staff recommendations in the staff reports. Motion carried 4-0-1 (Steinorth absent). * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 6 of 8 M. CONSENT ORDINANCES The following Ordinances have been introduced for first reading. Second readings are expected to be routine and non-controversial. The Fire Board, or Council will act upon them at one time without discussion. The City Clerk will read the title. Any item can be removed for discussion by a Board Member, or Council Member. M1. Adoption of Ordinance 865 Establishing Police, Library, Animal Center, Park Land Acquisition in-lieu, Park Land Acquisition Impact, Park Improvement, Community and Recreation Development Impact Fees; in the City of Rancho Cucamonga. (Second Reading) ORDINANCE NO. 865 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING TITLE 3 AND TITLE 16 OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO REPEAL CHAPTERS 3.24 AND 16.32 IN THEIR ENTIRETY AND ADDING CHAPTERS 3.52,3.56,3.60, 3.64, AND 3.68 ESTABLISHING DEVELOPMENT IMPACT FEES FOR COMMUNITY AND RECREATION CENTER, LIBRARY, ANIMAL CENTER, POLICE, AND PARK IN-LIEU/PARK IMPACT FEES The Assistant City Clerk/Records Manager read the title of Ordinance No. 865. MOTION: Moved by Spagnolo, seconded by Williams, to adopt Ordinance No. 865. Motion carried 4-0- 1 (Steinorth absent). M2. Consideration of an Ordinance amending Chapter 19.12 of the Municipal Code pertaining to flood damage protection to comply with the latest Federal Emergency Management Agency (FEMA) regulations in the City of Rancho Cucamonga (Second Reading) ORDINANCE NO. 866 (SECOND READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AMENDING CHAPTER 19.12 OF THE RANCHO CUCAMONGA MUNICIPAL CODE, PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS The Assistant City Clerk/Records Manager read the title of Ordinance No. 866. MOTION: Moved by Williams, seconded by Alexander, to adopt Ordinance No. 866. Motion carried 4-0- 1 (Steinorth absent). N. CITY MANAGER'S STAFF REPORTS The following items have no legal publication or posting requirements. Ni. Authorize the City Manager to enter into a Buyers Joint Project Agreement and a Power Purchase Agreement with RE Astoria 2 LLC for the purchase of 6 megawatts of solar energy. Utility Manager Fred Lyn presented the staff report. MOTION: Moved by Spagnolo, seconded by Williams, to approve the staff recommendations in the staff report. Motion carried 4-0-1 (Steinorth absent). * DRAFT * June 18, 20141 Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga 1 City Council Minutes 1 Page 7 of 8 N2. Approval to receive and file Animal Center 2013 Annual Report. Veronica Fincher, Animal Services Director, presented the staff report. Council Member Alexander indicated that the report was provided at the last minute and was not accurate. In response to Mayor Michael and Council Member Williams, Council Member Alexander indicated that the hours were duplicated and voiced a concern with a senior citizens interaction at the Animal Care and Adoption Center. After discussion, Council Member Williams requested a written report. MOTION: Moved by Williams, seconded by Spagnolo, to receive and file the report. Motion carried 3-1- 1 (Alexander no; Steinorth absent). 0. COUNCIL BUSINESS I The following items have been requested by the City Council for discussion. 01. INTER-AGENCY UPDATES (Update by the City Council to the community on the meetings that were attended.) Council Member Williams reported on this morning's meeting of the Local Agency Formation Commission during which the reorganization of the Big Bear City Community Services District was discussed. Mayor Michael invited the community to the Local History Night at the Biane library on June 20, 2014. Also on Saturday, he noted that there is an Applebee's flapjack fundraiser as well as the Annual Volunteer recognition program. Tour de Fork will be next week, June 26, 204 at Victoria Gardens. 02. COUNCIL ANNOUNCEMENTS (Comments to be limited to three minutes per Council Member.) No announcements were made. P. IDENTIFICATION OF ITEMS FOR NEXT MEETING I No items were identified. Q. ADJOURNMENT The meeting was adjourned at 8:21 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * June 18, 2014 I Regular Fire Protection District, Public Financing Authority, City Council Meetings City of Rancho Cucamonga I City Council Minutes I Page 8 of 8 June 11, 2014 CITY OF RANCHO CUCAMONGA CITY COUNCIL MINUTES FIRE PROTECTION DISTRICT MINUTES SPECIAL MEETING A. CALL TO ORDER A special meeting of the Rancho Cucamonga City Council and Fire Protection District was held on Wednesday, June 11, 2014, in the Tri-Communities Room at the Civic Center located at 10500 Civic Center Drive, Rancho Cucamonga, California. Mayor/President L. Dennis Michael called the meeting to order at 5:00 p.m. Present were Council Members/Board Members: Bill Alexander, Marc Steinorth, Diane Williams, Mayor Pro TemNice President Sam Spagnolo and Mayor/President L. Dennis Michael. Also present were: John Gillison, City Manager; Linda Daniels, Assistant City Manager; Lori Sassoon, Deputy City Manager/Administrative Services; Jeff Bloom, Deputy City Manager/Economic and Community Development; Tamara Layne, Finance Director; Robert Neiuber, Human Resources Director; Candyce Burnett, Planning Manager; Bill Wittkopf, Public Works Services Director; Nettie Nielson, Community Services Director; Trang Huynh, Building and Safety Services Director; Chief Mike Bell, Rancho Cucamonga Fire Protection District; Police Chief Anthony Onodera, Veronica Fincher, Animal Services Director, Debra L. McNay, Assistant City Clerk/Records Manager and Adrian Garcia, Assistant City Clerk. l B. PUBLIC COMMUNICATIONS 1 No communication was made from the public. C. ITEMS OF DISCUSSION Cl. DISCUSSION AND CONSIDERATION OF PROPOSED BUDGETS FOR FISCAL YEAR 2014/15 John Gillison, City Manager made a PowerPoint presentation on the proposed budgets for Fiscal Year 2014/15. He reported that FY 2014/15 marks a second consecutive budget of mostly positive overall growth. Mr. Gillison reported that unemployment in the City is down to 6% and stated that the City saw a net taxable property value increase of 3.1% overall with an increase in median price for SFRs by more than 20%. He addressed property tax and sales tax and discussed a chart which compared the sales tax revenue versus employment rate. Mr. Gillison discussed in more detail the principal challenges for Fiscal Year 2014/15. These include controlling rising costs for fixed utilities; controlling rising personnel costs while maintaining a quality workforce; controlling rising contact vendor costs; embracing mobile technologies; setting aside funding for capital and infrastructure needs and creating a new Economic Development Plan, strategy, and organizational culture to support it. Mr. Gillison addressed revenues and expenses, noting that City revenues are improving at a more normal gradual pace than pre-recession. He indicated that the total General Fund tax revenues are finally anticipated to meet their FY 2007/08 peak of $56.3 million; however at the same time, the prices for utilities, fuel, health care, and retirement continued to rise on average 1-3% per year. Mr. Gillison noted that our workforce is leaner, * DRAFT * Proposed Budgets for Fiscal Year 2013/14 Fire Protection District, City Council Minutes June 6, 2013 - Page 1 of 3 utilizes technology more, and delivers increased services as compared to the pre-downturn time period. Fiscal prudence is the watch word of the day. The Fiscal Year 2014/15 Operations and Maintenance budget changes were discussed, including a significantly increased expenditure for infrastructure replacement. Mr. Gillison noted that this year, the City must focus on succession planning and reorganization of departmental personnel. The goal is to minimize the growth of full- time workforce and prioritize changes that improve services, address a critical workload issue, make succession planning progress, and being the most cost-effective. Also, he addressed the major cost increase with the contract for law enforcement services. Mr. Gillison noted that the budget contains various performance metrics that indicate the activity levels in each department. Beyond performance metrics, he outlined other measurements that indicate return on investment. He also addressed the inclusion of funding in the budget to manage the holiday light display on Thoroughbred and Cucamonga Canyon. In summary, the City General Fund proposed budget is $69,162,990, the Fire District operational budget is $31,274,530 and the Library budget is $4,222,020. The key revenue sources in each budget were discussed. Also, the City Manager discussed each budget's reserve. He reported that $197 million in reserves previously funded by RDA were taken by the State in 2012. In Fiscal Year 2013/14, $508,680 was budgeted for the reserve.This year, $607,480 is proposed to be budgeted to go into the reserves. Mr. Gillison presented an operating budget analysis for the Fire District and the Library. The Fire District's budget is 9.3% higher than last year, primarily due to increased workers'compensation costs and the implementation of new labor contracts. The reserve is not being used to fund the FY 2013/14 expenses. The Library's budget is 2% higher than last year, primarily due to increased funding for eBooks and downloadable books. The Library budget utilizes $196,750 of reserves for continuing operations, as well as enhancements to the book budget and various services. Special Districts were discussed. Recommended changes for FY 2014/15 include an increase of 3%, or$11.40 per home, per year in LMD 4R, an increase of 2.1%, or $8 per home, per year in LMD 6R, an increase of 5%, or $30.81 per home, per year in LMD 10 and an increase of 14.63%, or $146.36 per home, per year in CFD 2000-03. The planned capital improvements in the special districts was also discussed. In conclusion, City Manager Gillison reported that the City remains committed to maintaining its 30+ year tradition of fiscal stability and providing the highest quality services within budgetary constraints for the community. He noted the need to plan as carefully for the last phases of the City's development as those before us with the goal to ensure that, in 20 years, Rancho Cucamonga is still the premier city in the Inland Empire in which to live or do business. Council Member Alexander appreciated the opportunity to meet with the City Manager. He indicated that the information that he received was helpful and was satisfied with the budget documents. Council Member Steinorth supported the succession planning, the park ranger concept and the proposed addition of a communication specialist. He looked forward to seeing decreased maintenance costs in the community facilities maintenance districts and supported the inclusion of funds towards the reserves. Mayor Pro Tem Spagnolo agreed with the succession planning. He noted that it is important for mature cities to maintain their infrastructure. He was pleased with the decrease in crime levels in the City and liked the park ranger concept. Council Member Williams also appreciated the meeting with the City Manager, noting that the budget was thorough and well-prepared. She was pleased that the recession was over and that the revenue stream was returning to the City. Mayor Michael really liked the budget message and how it referenced the Council goals. He supported controlling costs and implementing sustainable solutions. Mayor Michael thanked the employees for partnering with the City to control personnel costs. He also appreciated the change in economic development strategy as the City is now thinking about regional solutions. * DRAFT * Proposed Budgets for Fiscal Year 2013/14 Fire Protection District, City Council Minutes June 6, 2013 - Page 2 of 3 In response to Mayor Michael, the Council Members concurred that there was not a need to hold the second budget workshop, tentatively scheduled for June 19, 2014. City Manager John Gillison reported that the budget documents would be prepared for the City Council's consideration on June 26, 2014.The meeting will be at 5:00 P P Y g p.m. in the City Council chambers. * * * * * * I E. ADJOURNMENT I The meeting adjourned at 5:56 p.m. Respectfully submitted, Debra L. McNay, MMC Assistant City Clerk/Records Manager Approved: * DRAFT * Proposed Budgets for Fiscal Year 2013/14 Fire Protection District, City Council Minutes June 6, 2013 - Page 3 of 3 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P1 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amoum AP 00348173 2014/06/11 ( INTEGRITY DOOR& HARDWARE INC 349.66 AP 00348350 2014/06/18( FRANKLIN TRUCK PARTS 670.88 AP 00348491 2014/06/19 l INTERSTATE BATTERIES 527.20 AP 00348317 2014/06/181 BARTEL ASSOCIATES LLC 1,035.00 AP 00348350 2014/06/18 ( FRANKLIN TRUCK PARTS 106.26 AP 00348228 2014/06/111 RODRIGUEZ INC,R Y 645.75 AP 00348474 2014/06/18 l VORTEX INDUSTRIES INC 184.33 AP 00348474 2014/06/181 VORTEX INDUSTRIES INC 284.33 AP 00348492 2014/06/191 KME FIRE APPARATUS 119.40 AP 00348492 2014/06/191 KME FIRE APPARATUS 100.21 AP 00348327 2014/06/181 CAPITAL ONE COMMERCIAL 88.50 AP 00348204 2014/06/1 I 1 OFFICE DEPOT 92.36 AP 00348245 2014/06/11 ( SMART AND FINAL 66.76 , AP 00348474 2014/06/18 ( VORTEX INDUSTRIES INC 841.44 AP 00348316 2014/06/181 BARREDA, AUGIE 1,080.00 AP 00348229 2014/06/111 SAFE-ENTRY TECHNICAL INC 3,223.80 AP 00348246 2014/06/11 1 SOAPTRONIC LLC 925.29 AP 00348474 2014/06/181 VORTEX INDUSTRIES INC 310.26 AP 00348384 2014/06/181 LICHTMAN, OFER 225.00 AP 00348291 2014/06/12( INTERSTATE BATTERIES 104.78 AP 00348251 2014/06/11 ( SOUTHERN CALIFORNIA EDISON 366.05 AP 00348404 2014/06/18 ( OFFICE DEPOT 19.54 AP 00348410 2014/06/18 ( PAD TACTICAL 4,736.00 AP 00348415 2014/06/18 ( PLUMMER, JACQUES 225.00 AP 00348435 2014/06/18 ( RUSSO, MICHAEL 261.00 AP 00348460 2014/06/18 ( TERMINIX PROCESSING CENTER 84.00 AP 00348285 2014/06/12 l CUCAMONGA VALLEY WATER DISTRICT 1,602.47 AP 00348404 2014/06/18 ( OFFICE DEPOT 59.72 AP 00348437 2014/06/181 SC FUELS 591.78 AP 00348437 2014/06/181 SC FUELS 112.44 AP 00348159 2014/06/11 1 GRIFFIN,ALESSANDRA 160.46 AP 00348268 2014/06/11 1 WALTERS WHOLESALE ELECTRIC CO 1,627.42 AP 00348388 2014/06/181 MAGNUSON, PETER 250.00 AP 00348187 2014/06/11 ( LOWES COMPANIES INC. 10.25 AP 00348187 2014/06/111 LOWES COMPANIES INC. 146.85 AP 00348427 2014/06/18( RESCUE RESPONSE GEAR LLC 248.31 AP 00348460 2014/06/18 ( TERMINIX PROCESSING CENTER 48.75 AP 00348398 2014/06/18 ( NAPA AUTO PARTS 16.18 AP 00348404 2014/06/18 ( OFFICE DEPOT 33.09 AP 00348404 2014/06/181 OFFICE DEPOT 148.80 AP 00348404 2014/06/181 OFFICE DEPOT 33.09 AP 00348416 2014/06/181 POLLOCK, LARRY 225.00 AP 00348419 2014/06/181 PROBST,GARY 20.69 AP 00348430 2014/06/181 RICHARDS WATSON AND GERSHON 1,348.50 AP 00348437 2014/06/18( SC FUELS 1,201.49 User: VLOPEZ- VERONICA LOPEZ Page: I Current Date: 06/25/: • Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P2 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amouni AP 00348437 2014/06/18 ( SC FUELS 228.29 AP 00348442 2014/06/18 I SHRED PROS 35.00 AP 00348176 2014/06/111 JOHNSON EQUIPMENT COMPANY 1,911.35 AP 00348350 2014/06/181 FRANKLIN TRUCK PARTS 83.08 AP 00348354 2014/06/18 GRAINGER 34.35 AP 00348179 2014/06/11 ( LAWSON PRODUCTS INC 784.68 AP 00348333 2014/06/18( CONFIRE JPA 24,593.95 AP 00348350 2014/06/18( FRANKLIN TRUCK PARTS 168.67 AP 00348474 2014/06/18( VORTEX INDUSTRIES INC 384.33 AP 00348228 2014/06/11 ( RODRIGUEZ INC, R Y 1,869.01 AP 00348474 2014/06/18( VORTEX INDUSTRIES INC 284.33 AP 00348133 2014/06/11 ( CHARTER COMMUNICATIONS 256.92 AP 00348353 2014/06/18 ( GRACIANO,TAMMIE 370.00 AP 00348476 2014/06/18 ( WAXIE SANITARY SUPPLY 402.54 AP 00348491 2014/06/19( INTERSTATE BATTERIES 88.67 Ap 00348145 2014/06/111 EPSTEIN, SHAWN 200.00 AP 00348384 2014/06/18 ( LICHTMAN,OFER 200.00 AP 00348133 2014/06/11 1 CHARTER COMMUNICATIONS 256.92 AP 00348291 2014/06/121 INTERSTATE BATTERIES 212.75 AP 00348404 2014/06/181 OFFICE DEPOT 54.55 AP 00348415 2014/06/181 PLUMMER,JACQUES 225.00 AP 00348427 2014/06/181 RESCUE RESPONSE GEAR LLC 84.24 AP 00348263 2014/06/11 l VERIZON CALIFORNIA 141.53 AP 00348285 2014/06/12 l CUCAMONGA VALLEY WATER DISTRICT 264.92 AP 00348404 2014/06/18 ( . OFFICE DEPOT 97.50 AP 00348412 2014/06/18( PATTON SALES CORP 93.81 AP 00348187 2014/06/11 ( LOWES COMPANIES INC. 55.24 AP 00348437 2014/06/18 ( SC FUELS 1,461.19 AP 00348456 2014/06/18 ( STEAMX LLC 9.72 AP 00348460 2014/06/181 TERMINIX PROCESSING CENTER 73.00 AP 00348268 2014/06/11 1 WALTERS WHOLESALE ELECTRIC CO 1,140.22 AP 00348187 2014/06/11 1 LOWES COMPANIES INC. 67.11 AP 00348187 2014/06/11 ( LOWES COMPANIES INC. 39.95 AP 00348187 2014/06/11 ( LOWES COMPANIES INC. 141.87 AP 00348439 2014/06/18( SEGAAR,AARON 154.00 AP 00348445 2014/06/18( SOUTH COAST AQMD 118.94 Ap 00348460 2014/06/18 ( TERMINIX PROCESSING CENTER 37.00 AP 00348395 2014/06/18 ( MOLINA,GINA 50.00 AP 00348402 2014/06/18 1 OCCUPATIONAL HEALTH CTRS OF CA 55.00 AP 00348404 2014/06/18 ( OFFICE DEPOT 2.69 AP 00348404 2014/06/181 OFFICE DEPOT 18.71 AP 00348404 2014/06/18( OFFICE DEPOT 64.27 Ap 00348436 2014/06/18( SAN BERNARDINO CTY 4,914.20 AP 00348437 2014/06/18( SC FUELS 2,966.66 AP 00348437 2014/06/18 ( SC FUELS 629.30 User: VLOPEZ-VERONICA LOPEZ Page: 2 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P3 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amouni Ap 00348333 2014/06/18( CONFIRE JPA 19,675.16 AP 00348345 2014/06/181 EPSTEIN, SHAWN 225.00 AP 00348358 2014/06/18( HARTRICK, PATRICK 675.00 AP 00348480 2014/06/181 WINZER CORPORATION 31.47 AP 00348491 2014/06/19( INTERSTATE BATTERIES 259.66 AP 00348317 2014/06/18 ( BARTEL ASSOCIATES LLC 9,850.00 AP 00348176 2014/06/11 ( JOHNSON EQUIPMENT COMPANY 1,911.35 AP 00348182 2014/06/11 ( LIGHTHOUSE,THE 874.29 AP 00348474 2014/06/181 VORTEX INDUSTRIES INC 284.33 AP 00348477 2014/06/181 WENGER,JEFF 42.57 AP 00348492 2014/06/19( KME FIRE APPARATUS 58.81 AP 00348492 2014/06/191 KME FIRE APPARATUS 2,575.80 AP 00348132 2014/06/111 CARQUEST AUTO PARTS 289.42 AP 00348179 2014/06/11 1 LAWSON PRODUCTS INC 386.49 AP 00348333 2014/06/181 CONFIRE JPA 4,918.78 AP 00348476 2014/06/181 WAXIE SANITARY SUPPLY 508.16 AP 00348159 2014/06/111 GRIFFIN, ALESSANDRA 420.56 AP 00348267 2014/06/111 VORTEX INDUSTRIES INC 443.27 AP 00348251 2014/06/111 SOUTHERN CALIFORNIA EDISON 730.47 Al, 00348384 2014/06/181 LICHTMAN,OFER 225.00 AP 00348415 2014/06/181 PLUMMER,JACQUES 200.00 AP 00348430 2014/06/18( RICHARDS WATSON AND GERSHON 1,017.00 AP 00348437 2014/06/181 SC FUELS 1,277.68 AP 00348460 2014/06/18( TERMINIX PROCESSING CENTER 42.00 AP 00348263 2014/06/11 ( VERIZON CALIFORNIA 141.53 AP 00348285 2014/06/12( CUCAMONGA VALLEY WATER DISTRICT 92.00 AP 00348384 2014/06/18( LICHTMAN, OFER 200.00 AP 00348391 2014/06/18( MCCUISTION,MIKE 486.00 AP 00348404 2014/06/181 OFFICE DEPOT 114.23 AP 00348412 2014/06/18( PATTON SALES CORP 190.45 AP 00348436 2014/06/18( SAN BERNARDINO CTY 982.83 AP 00348437 2014/06/18 ( SC FUELS 257.58 AP 00348437 2014/06/18 ( SC FUELS 414.25 AP 00348455 2014/06/18 ( STAPLETON,JOSHUA 250.00 AP 00348268 2014/06/111 WALTERS WHOLESALE ELECTRIC CO 614.32 AP 00348268 2014/06/11 1 WALTERS WHOLESALE ELECTRIC CO 1,781.85 AP 00348391 2014/06/181 MCCUISTION, MIKE 688.00 AP 00348400 2014/06/181 NEXTEL 162.97 AP 00348422 2014/06/18( RAMBAUD, BRET 261.00 AP 00348187 2014/06/11 1 LOWES COMPANIES INC. 19.38 AP 00348187 2014/06/11 ( LOWES COMPANIES INC. - 6.03 AP 00348439 2014/06/18( SEGAAR, AARON 190.00 AP 00348445 2014/06/18( SOUTH COAST AQMD 118.94 Ap 00348456 2014/06/18( STEAMX LLC 146.08 AP 00348394 2014/06/18 ( MISSION AMBULANCE 200.00 User: VLOPEZ- VERONICA LOPEZ Page: 3 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P4 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amount AP 00348401 2014/06/18 1 NLE SYSTEMS INC 9,158.04 AP 00348404 2014/06/181 OFFICE DEPOT 59.72 AP 00348404 2014/06/18 1 OFFICE DEPOT 97.50 AP 00348404 2014/06/18 1 OFFICE DEPOT 171.83 AP 00348437 2014/06/181 SC FUELS 522.98 AP 00348437 2014/06/181 SC FUELS 841.04 AP 00348350 2014/06/18( FRANKLIN TRUCK PARTS 352.15 AP 00348362 2014/06/181 HOLT, RYAN 688.00 AP 00348215 2014/06/11 ( PIT STOP EMBROIDERY AND SCREEN PRINT 398.30 AP 00348245 2014/06/11 ( SMART AND FINAL 40.47 AP 00348286 2014/06/121 DAISY WHEEL RIBBON CO INC 753.65 AP 00348199 2014/06/11 1 NAPA AUTO PARTS 112.31 AP 00348231 2014/06/11 1 SAN ANTONIO COMMUNITY HOSPITAL 80.00 AP 00348474 2014/06/181 VORTEX INDUSTRIES INC 284.33 Ap 00348474 2014/06/181 VORTEX INDUSTRIES INC 284.33 AP 00348492 2014/06/191 KME FIRE APPARATUS 49.35 AP 00348132 2014/06/11 ( CARQUEST AUTO PARTS 587.60 AP 00348231 2014/06/111 SAN ANTONIO COMMUNITY HOSPITAL 80.00 AP 00348476 2014/06/18 ( WAXIE SANITARY SUPPLY 508.16 AP 00348483 2014/06/191 CITRUS MOTORS ONTARIO INC 15.94 AP 00348384 2014/06/18 1 LICHTMAN, OFER 200.00 AP 00348390 2014/06/18 1 MARLINK SA INC 135.00 AP 00348251 2014/06/11 1 SOUTHERN CALIFORNIA EDISON 844.26 AP 00348285 2014/06/121 CUCAMONGA VALLEY WATER DISTRICT 118.98 AP 00348380 2014/06/18( KVAC ENVIRONMENTAL SERVICES 125.00 AP 00348390 2014/06/18 I MARLINK SA INC 27.00 AP 00348411 2014/06/18( PARKES, DR KEVIN 12,000.00 AP 00348187 2014/06/11 l LOWES COMPANIES INC. 36.30 AP 00348460 2014/06/18 1 TERMINIX PROCESSING CENTER 78.00 AP 00348263 2014/06/11 I VERIZON CALIFORNIA 47.18 AP 00348285 2014/06/121 CUCAMONGA VALLEY WATER DISTRICT 364.07 AP 00348285 2014/06/121 CUCAMONGA VALLEY WATER DISTRICT 58.60 AP 00348388 2014/06/181 MAGNUSON, PETER 250.00 AP 00348404 2014/06/181 OFFICE DEPOT 69.25 AP 00348436 2014/06/181 SAN BERNARDINO CTY 3,931.36 AP 00348437 2014/06/18 1 SC FUELS 729.42 AP 00348437 2014/06/181 SC FUELS 591.78 AP 00348444 2014/06/18 1 SOURCE GRAPHICS 304.19 AP 00348460 2014/06/18 I TERMINIX PROCESSING CENTER 37.00 AP 00348268 2014/06/11 I WALTERS WHOLESALE ELECTRIC CO 385.94 AP 00348389 2014/06/181 MAIN STREET SIGNS 1,490.18 AP 00348422 2014/06/181 RAMBAUD, BRET 225.00 AP 00348427 2014/06/181 RESCUE RESPONSE GEAR LLC 211.68 Ap 00348187 2014/06/11 I LOWES COMPANIES INC. 22.46 AP 00348439 2014/06/181 SEGAAR, AARON 190.00 User: VLOPEZ- VERONICA LOPEZ Page: 4 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC -CK: Agenda Check Register Portrait Layout Time: 14:2 RANCHO CUCAMONGA FIRE PROTECTION DISTRICT P5 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amouni AP 00348445 2014/06/18( SOUTH COAST AQMD 118.94 Ap 00348456 2014/06/18( STEAMX LLC 10.00 AP 00348404 2014/06/18( OFFICE DEPOT 38.89 AP 00348404 2014/06/181 OFFICE DEPOT 114.22 AP 00348404 2014/06/181 OFFICE DEPOT 38.89 AP 00348430 2014/06/181 RICHARDS WATSON AND GERSHON 1,763.79 AP 00348437 2014/06/181 SC FUELS 1,480.95 AP 00348437 2014/06/181 SC FUELS 1,201.49 AP 00348443 2014/06/181 SMART AND FINAL 34.38 AP 00348465 2014/06/181 TURNOUT MAINTENANCE COMPANY LLC 2,407.48 Total for Entity: 168,890.64 • User: VLOPEZ- VERONICA LOPEZ Page: 5 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 14:2 P6 STAFF REPORT L RANCHO CUCAMONGA FIRE PROTECTION DISTRICT J RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Mana er From: Mike Bell, Fire Chief By: Chris Bopko, Management Analyst Ill Subject: APPROVAL TO ADOPT A RESOLU11ON OF INTENTiON TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.14-1(APN:0209-122-01—ROYAL FALCON INVESTMENT COMPANY LLC, OWNER)LOCATED ON THE NORTHEAST CORNER OF CENTER AVE.AND 24'"STREET INTO COMMUNITY FACIL TIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET A TIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 14-1 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Royal Falcon Investment Company LLC , owner of certain property (APN 0209-122-01) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for August 06, 2014 and (f) election requirements. P7 RESOLUTION OF INTENTION TO ANNEX JULY 2, 2014 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On August 06, 2014, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Resolution No FD 14-018 2. CFD 85-1 Map P8 RESOLUTION NO. FD 14-018 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-1) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 14-1 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P9 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 14-018- Page 2 of 9 P1O SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 14-018- Page 3 of 9 P11 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6th DAY OF AUGUST 2014, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 14-018- Page 4 of 9 P12 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 14-018- Page 5 of 9 P13 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 14-018- Page 6 of 9 P14 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 14-018- Page 7 of 9 P15 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 14-1 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 14-1 for Fiscal Year 2014-2015 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)) 81 — up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2014 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 14-018- Page 8 of 9 P16 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: - which is not owned by a public or governmental agency; - which is not vacant; - where a "certificate of occupancy" or"utility release" from the City of Rancho Cucamonga has been issued; - which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 14-018- Page 9 of 9 P17 a i CO F N w . n! *ea c 13 -t• u_ 0 ! tcrp.), 0 N CI .� CIA, 5 ! 4,' ny tiJag3 a) '—;, CC lik°116- 0 0 1 ITQ i \\m u Q Moe i ny}sea w I d— v •� Inv epueM43 ny epueMl 13 i ill . I8Naaa° I(ep._.._ ny iaisayooa ' ny Jaisayooj i ny ua)1!II!W r—.._.._.._.._.._: - Ay ua)$!II!W i i i Ay uaneH i 1 si ny uaneH 1 ny esowJaH i �`1 - ny esouuaH i III Ay Pleq!gDJy ! - AV Pleq!yoN 1 o 1 al ny ueWllaH i -- f a ny ueuall8H s or Y i < i / i ny pJeneu!n is ue!laweo • '$a�SIP:as I €' a Ys'� I 'a I* 84�� ag g` J d$F fill ag� 160 ei5 E 1...t I• • C m d I 00'0.* w w R � al 8 Q C m LL a) >, $ e CO ibilloql. I.** t fii!i.siiici P18 STAFF REPORT y RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chig4K By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 0209-122-01, (ROYAL FALCON INVESTMENT COMPANY LLC, OWNER), LOCATED ON THE NORTHEAST CORNER OF CENTER AVE. AND 24TH STREET, WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 14-1 showing property (located on the northeast corner of Center Ave. and 24th St.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Royal Falcon Investment Company LLC, owner of certain property (APN 0209-122-01) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1 , a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 14-019 P19 RESOLUTION NO. FD 14-019 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-1) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 14-1 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P20 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 14-019 - Pape 2 of 2 P21 MARCH 2014 SHEET 1 OF t ANNEXATION MAP 14-1 OF COMMUNITY FACILITIES DISTRICT NO 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA 26TH ST 25TH ST 0 24TH AV W i HLMBOLT AV W F- Z W 0 ASSESSOR PARCEL NUMBER ePaFEsstoy 0209-122-01 p 9e al5)*. 11EKcs'TF FAA 24TH ST ".Zr 0053572 ^' 9 • Exp.0.30. 1 s • n n 0 siS 50 100 r•est -PP /3rNII `y�h 1 Inch-106333333 lest `.176 C CO NOTE:THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE EXTENT OF THE TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT R 9e47/37 ANDHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION SIGNATU ATE: FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA MARK SfEUER FIRE PROTECTION DISTRICT,CALIFORNIA THIS DAY 2014 CITY ENGINEER LEGAL DESCRIPTION: ASST.SECRETARY ASSESSOR PARCEL NUMBER RANCHO CUCAMONGA FIRE PROTECTION DISTRICT 0209-122-01 STATE OF CALIFORNIA I HEREBY CERTIFY THAT THE WTHIN MAP SHOW NG BOUNDARIES OF NO CUCAMONGA TOWN LOTS 123 AND 4 BLK 58 TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.WAS APPROVED BY THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION DISTRICT AT REGULAR MEETING THEREOF.HELD ON THE DAY OF 2014.BY ITS RESOLUTION NO. SAN BERNARDINO COUNTY RECORDERS CERTIFICATE THIS ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT ND.85-1 OF THE RANCHO CUCAMONGA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS FIRE PROTECTION DISTRICT.COUNTY OF SAN BERNARDINO,STATE OF DAY OF ,2014,AT M.IN BOOK OF MAPS OF CALIFORNIA.PRIOR RECORDED ON AT BOOK OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS,AT THE REQUEST OF IN THE AMOUNT OF$ PAGE ,IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO.CALIFORNIA. DENNIS DRAEGER ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ASST.SECRETARY BY: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA DEPUTY RECORDER P22 STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire C12..K By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.143(APN:0229.192-20-ALLSTATE PAPER&METAL RECYCLJNG CO., OWNER)LOCATED ON SOUTH SIDE OF WHITTRAM AVENUE AND EAST OF PECAN AVENUE INTO COMMUNITY FACILITIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET ATIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 14-3 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Allstate Paper & Metal Recycling Co., owner of certain property (APN 0229-192-20) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for August 06, 2014 and (f) election requirements. P23 RLSOLUl'ION OF INTENTION TO ANNEX JULY 02, 2014 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On August 06, 2014, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Mike Belllll Fire Chief Attachments 1. Resolution No FD 14-020 2. CFD 85-1 Map P24 RESOLUTION NO. FD 14-020 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-3) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 14-3 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted,which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. • P25 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 14-020 - Page 2 of 9 P26 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, • procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 14-020 - Page 3 of 9 P27 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6`h OF AUGUST, 2014, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 14-020 - Page 4 of 9 P28 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 14-020 - Page 5 of 9 P29 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 14-020 - Page 6 of 9 P30 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 14-020 - Page 7 of 9 P31 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 14-3 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 14-3 for Fiscal Year 2014-2015 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)} 81 — up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2014 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 14-020 - Page 8 of 9 P32 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: - which is not owned by a public or governmental agency; - which is not vacant; - where a "certificate of occupancy" or"utility release" from the City of Rancho Cucamonga has been issued; - which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services — Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 14-020 - Page 9 of 9 P33 M 4 U) N CO Vaal N J nl o '' o 0 •� N co C U U o 0 .2 Ipso Q i -411 ny tiJa43 a) —. • .� r t.. c m iE (a o ITQ i \\C° lL Q Ad 1seR (n • my epueM!}D Ay epueM!;] M i 4 ' C ' O i18 )189-10 �BC II X AV Ja}sayooe{ ' < D ny JaisayooH r. i Ay ua)I!II!W -.._.._.._.._.._. ny ua�I!II!W i i Ay uaneH i AV uaneH i Ay esowieH j Ay esowieH i Ay plegiyo�y i H_ ny Pleq!yo�y i / i Ay uBWII8H — —ny U WIIaH I ! t / — ny ple�(au!n Is ue!Iaweo — i ' E=z °€ fl I 00 °` �..7 / eis �..._..-. •a_.."*—Cr.._.. ._..�.1 Ay 8AOJe A:E p�� ._.._..7.._.._..r.._..r (/) p 2 � s :91141:411 €fig ce C m U_ p°yg �_ a: Q) >, $`E $FF ° m m 31111::o a9 �T6- a (AVV:br, F Fed: Pb N S STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT # RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief��I By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 0229-192-20, (ALLSTATE PAPER & METAL RECYCLING CO., OWNER), LOCATED ON THE SOUTH SIDE OF WHITTRAM AVENUE AND EAST OF PECAN AVENUE, WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 14-3 showing property (located on the south side of Whittram Avenue and east of Pecan Avenue) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Allstate Paper & Metal Recycling Co., owner of certain property (APN 0229-192-20) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 14-021 P35 RESOLUTION NO. FD 14-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-3) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 14-3 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P36 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 14-021 - Page 2 of 2 P37 MARCH 2074 ANNEXATION MAP 14-3 OF SHEET 7 OF 1 COMMUNITY FACILITIES DISTRICT NO 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA ARROW RT 0 F u w NMITTRAM AV r L > VINICITY MAP NTS 0 U 0- a WHITTRAM AV ASSESSOR PARCEL NUMBER 0229192-20 1..4i111 �p:r4C I .;ISHLrn 3-y' ra A -' S 111111111111111•1•1111 Fait 1 Inch•201.666607 feel ��y NOTE:THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE SIGNATU.ea— DATE:`Y/ ///t EXTENT OF THE TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT T�COP MARK STEU RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION CITY ENGINEER FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA LEGAL DESCRIPTION: FIRE PROTECTION DISTRICT,CALIFORNIA.THIS DAY 2014 ASSESSOR PARCEL NUMBER 0229-192-20 ASST.SECRETARY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT TRACT NO 2102 FONTANA ARROW ROUTE LOT 400 TOGETHER WITH LOT 401 STATE OF CALIFORNIA OF SD TRACT EX THEREFROM E 255.11 FT TOGETHER WITH 5 36 FT W 52.50 FT I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF E 247.50 FT OF SO LOT 401 ALSO TOGETHER WITH S 36 FT W 7.61 FT E 255.11 FT TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES OF SD LOT 401 DISTRICT NO.B5-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT.COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA,WAS APPROVED BY THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION DISTRICT AT A REGULAR MEETING THEREOF,HELD ON THE DAY OF 2014,BY ITS RESOLUTION NO. 'I, • • 1 I I a THIS ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO.55-1 OF THE RANCHO CUCAMONGA THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS FIRE PROTECTION DISTRICT,COUNTY OF SAN BERNARDINO,STATE OF DAY OF .2014,AT M.IN BOOK OF MAPS OF CALIFORNIA.PRIOR RECORDED ON AT BOOK OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS,AT THE REQUEST OF IN THE AMOUNT OF PAGE ,IN THE OFFICE OF THE COUNTY RECORDER FOR THE COUNTY OF SAN BERNARDINO.CALIFORNIA. DENNIS DRAEGER ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ASST.SECRETARY BY: RANCHO CUCAMONGA FIRE PROTECTION DISTRICT STATE OF CALIFORNIA DEPUTY RECORDER P38 STAFF REPORT b y RANCHO CUCAMONGA FIRE PROTECTION DISTRICT live RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chi- By: Chris Bopko, Management Analyst Ill Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.144(APN:1089581.06—ETIWANDA CONGREGATION JEHOVAH'S WITNESS,OWNER)LOCATED AT 12692 BASE LINE ROAD INTO COMMUNITY FACILITIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET ATIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 14-4 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Etiwanda Congregation Jehovah's Witness, owner of certain property (APN 1089-581-06) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for August 6, 2014 and (f) election requirements. P39 RESOLUTION OF INTENTION TO ANNEX JULY 02, 2014 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On August 6, 2014, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, • Mike Bell Fire Chief Attachments 1. Resolution No FD 14-022 2. CFD 85-1 Map P40 RESOLUTION NO. FD 14-022 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-4) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 14-4 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P41 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference(the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 14-022 - Page 2 of 9 P42 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 14-022 - Page 3 of 9 P43 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6th DAY OF AUGUST 2014, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 14-022 - Page 4 of 9 P44 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 14-022 - Page 5 of 9 P45 • PASSED, APPROVED and ADOPTED this _day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 14-022 - Page 6 of 9 P46 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services (the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 14-022 - Page 7 of 9 P47 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 14-4 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 14-4 for Fiscal Year 2014-2015 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)} 81 — up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)} Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2014 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 14-022 - Page 8 of 9 P48 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY • The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; which is not vacant; where a "certificate of occupancy" or"utility release" from the City of Rancho Cucamonga has been issued; which has an existing building or structure onsite; which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services — Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 14-022 - Page 9 of 9 P49 to !t 2 CO p a V) C o C U 0 ® o al 0 0 !I cc 1 c Q I.1 I L V ! o 0 AU !`t � LL a • i ny lsej in v .� Inv epueM!13 ny epueM!�3 C I I 1 E E i19.�laaJ 0 ea 1- D0 Ay Jalsayoo�I ° o ny Ja�sayooj co x r• N d i ny uanwl #—.._.._.._.._ —. ny ua�I!II!W i I j i ny ueneH i i I. ny uaneH i AV esowJaH i ny esowJaH I Ay Pieq!yoJy i i Ay Pleq!y�Jy I / ny uewllaH ny uewllaH e Ay p enau!A IS ue!Iaweo ! I 1 1 ilial I Iii i ,..00.1 !WITH!' J Ay 0A0.19 $ L -s .0. .. •• c in Q.r C4-1) gi t a g 0 O L = 3 11:11111 co it i a P TM=g q w c aD U,m s allyil << ss liAsti4 Ail P50 STAFF REPORT w 41. RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chje ' Y , By: Chris Bopko, Management Analyst Ill Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 1089-581-06, (ETIWANDA CONGREGATION JEHOVAH'S WITNESS, OWNER), LOCATED AT 12692 BASE LINE ROAD, WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 14-4 showing property (located at 12692 Base Line Road) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Etiwanda Congregation Jehovah's Witness, owner of certain property (APN 1089-581-06) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, j17-"7 Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 14-023 P51 RESOLUTION NO. FD 14-023 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-4) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 14-4 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the `Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: • SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P52 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: • Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Resolution No. FD 14-023 - Page 2 of 2 P53 MAY 2014 SHEET 1 OF 1 ANNEXATION MAP 14-4 OF COMMUNITY FACILITIES DISTRICT NO 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA :4 < 0pppj< U o U O S\ 1,�'I' W \ BASE LINE RD I-U VINICITY MAP N T S F ASSESSOR JI PARCEL Y NUMBER 1089-581-06 c%OFE8SIO4/44 -_______ aI cREWS,of _ &30 e� In _ BASE LINE RD MI ��' OrFOF CMUUF�Q% ii iMI Feet I Inch•270.070246 lee NOTE:THIS ANNEXATION MAP SHALL GOVERN FOR ALL DETAILS AS TO THE EXTENT OF THE TERRITORY ANNEXED TO THE ABOVE REFERENCED COMMUNITY FACILITIES DISTRICT SIGNATUR DATE SAt MARK STEU RANCHO CUCAMONGA FIRE PROTECTION DISTRICT CERTIFICATION CITY ENGINEER FILED IN THE OFFICE OF THE SECRETARY OF THE RANCHO CUCAMONGA LEGAL DESCRIPTION: FIRE PROTECTION DISTRICT,CALIFORNIA.THIS DAY 2014. ASSESSOR PARCEL NUMBER 1089-581-06 ASST.SECRETARY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT ETIWANDA COLONY LANDS PTN LOT 14 BLK J AND PTN W 12 5 1/2 SE 1/4 STATE OF CALIFORNIA SEC 32 TP 1N R 6W DESC AS COM 1N C/L BASE L1NE AVE 40 FT W OF E L1 W12512 SE 1/4 SD SEC TH W 175 FTTH N 600 FTTH E 145 FTTH N 30 FT I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING BOUNDARIES OF THE 30 FT TM S 630 FT TO P08 2.30 AC EX ST TERRITORY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA. WAS APPROVED BY THE BOARD OF DIRECTORS OF SUCH FIRE PROTECTION SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE DISTRICT AT A REGULAR MEETING THEREOF, HELD ON THE DAY OF 2014,BY ITS RESOLUTION NO. .THIS ANNEXATION MAP AMENDS THE BOUNDARY MAP FOR COMMUNITY FACILITIES DISTRICT NO.85-1 THIS MAP HAS BEEN FILED UNDER DOCUMENT NUMBER THIS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, COUNTY OF DAY OF 2014,AT M.IN BOOK OF MAPS OF SAN BERNARDINO,STATE OF CALIFORNIA.PRIOR RECORDED ON ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE AT AT BOOK OF MAPS OF ASSESSMENT AND COMMUNITY THE REQUEST OF IN THE AMOUNT OF$ FACILITIES DISTRICTS,AT PAGE IN THE OFFICE OF THE COUNTY R ASSESSOR-RECORDER-CLERK EGE RA DENNIS DRAEGER FOR THE COUNTY OF SAN BERNARDINO, CALIFORNIA. COUNTY OF SAN BERNARDINO STATE OF CALIFORNIA ASST.SECRETARY RANCHO CUCAMONGA FIRE PROTECTION DISTRICT BY: STATE OF CALIFORNIA DEPUTY RECORDER P54 ce STAFF REPORT ; y RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 02, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Mana er From: Mike Bell, Fire Chief! By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.146(APN:1089-581-01—DR HORTON,OWNER)LOCATED AT THE NORTHEAST CORNER OF BASE UNE ROAD AND SAN CARMELA CT INTO COMMUNITY FACILJTIES DISTRICT NO.85-I,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET A TIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 14-5 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND DR Horton, owner of certain property (APN 1089-581-01) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for August 6, 2014 and (f) election requirements. P55 RESOLUTION OF INTENTION TO ANNEX JULY 02, 2014 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On August 6, 2014, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Resolution No FD 14-024 2. CFD 85-1 Map P56 RESOLUTION NO. FD 14-024 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-5) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 14-5 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW,THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P57 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference(the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 14-024 - Page 2 of 9 P58 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the , Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum • special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien • canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. • Resolution No. 14-024 - Page 3 of 9 P59 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6th DAY OF AUGUST 2014, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d)owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 14-024 - Page 4 of 9 P60 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of-the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 14-024 - Page 5 of 9 P61 PASSED, APPROVED and ADOPTED this day of _ , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 14-024 - Page 6 of 9 P62 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services(the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 14-024 - Page 7 of 9 P63 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 14-5 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 14-5 for Fiscal Year 2014-2015 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)} 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)} 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)} 81 — up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)}. Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2014 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 14-024 - Page 8 of 9 P64 REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: which is not owned by a public or governmental agency; - which is not vacant; - where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; - which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services — Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 14-024 - Page 9 of 9 PR5 co a) in II 00 T � o � cb ,_Q .J -0 z- u_ 0 4 _..�.� L C^` a)W ; J .r 3 0 o 0 u_ Q ny 3Se3 in Zit • r 1 •� my epuenn!13 ny epuenng3 E i III !18 �1awo Aep ,, ._.._.! 0 ♦ ♦ ny JalsayooH ° ® ny JaIsayooa v o e•. x a) ! c ny ua)I!II!VN —.._.._.._.._"..- Q AV ua�l!II!W I 1 1 ny uaneH i 1 ny uaneH 1 AV eS0Wi$H i _ ny esouuaH i Ay pleq!goJy ! � ny pleq!goJy i , ny uewllaH i ny uewllaH cr) .c � • •• ! Co ! ./..-V- i ny pieAeu!n is ue!lewe3 e• _ i E ! `i a E �.._.._: •�� _ Z.._...e•M y �, ny anal °�� 1 c ca m u_ ¢ lIlt' E in al a �yvA Wail Ail P66 STAFF REPORT sit y RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 02, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chte�fy 'ii`� By: Chris Bopko, Management Analyst Ill Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 1089-581-01, (DR HORTON, OWNER), LOCATED AT NORTHEAST CORNER OF BASE LINE ROAD AND SAN CARMELA CT, WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 14-5 showing property (located at northeast corner of Base Line Road and San Carmela Ct.) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND DR Horton, owner of certain property (APN 1089-581-01) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, _der Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 14-025 P67 RESOLUTION NO. FD 14-025 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-5) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 14-5 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P68 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary Pacnlnfinn Mn Ffl 1d419c _ Ponta 9 of 9 P69 4 ,` la N 1 P.Nom R6'34V YONYMIl3 _ R 1 4 N7�+avd : ' <R as i. I l ` Y12F0101ti I 1 I �� � � _ � a a s Na 1 tz0 111 N A 0 y 1 3 Tel Lq 1 X! I6 b I 0 < 18 N33210 AYO &S 0 w gi+gi La : 0 a : a f as s 114 : P t ; 11/1111/11 dl X:W ii6 , - _ arm Sava MINA ' ac— O o= � �o / I I 1u d OWEo' / ® /~ • CILAJ=tea / r Z N cc Ea ir.O ® / Q W O Q I / / (P /44u / 0 u- N a Z=A N g Zo�0 ® ° 0 © .-� 8 Zc.' `La l Q _�O / f® 0 L U O I I ® o l O ® ���—- -—I L-1—�--;� I I I I a ; 8 4 8a :na a �R� °0 a'XX se;1° yy+vfiv11{� N _ iSjja _ � � -, stts % l' ti Rats jgig01:11014§2111:334:n4:41!PgaiNh V 1015a511-i!nRa81X041 r""1:4;a4 §§R ogi i iii 8; axi istt s � w 4r ' li �1 �^1 ? s s° 1 i '` } fi itat=1 11 111 2 gi gii 1:5!I s ll a W a, a.t5 t ! p P70 STAFF REPORT `�' RANCHO CUCAMONGA FIRE PROTECTION DISTRICT be RANCHO Date: July 02, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City M�aannaa er From: Mike Bell, Fire Chiefs By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY REFERRED TO AS ANNEXATION NO.14 6(APN:0229-041-09-LENNAR HOMES,CANNER)LOCATED AT 13200 ARROW ROUTE INTO COMMUNITY FACILITIES DISTRICT NO.85-1,SPECIFYING SERVICES PROPOSED TO BE FINANCED,TO SET AND SPECIFY THE SPECIAL TAXES PROPOSED TO BE LEVIED WITHIN THE ANNEXATION TERRITORY AND SET A TIME AND PLACE FOR A PUBLIC HEARING RELATED TO THE ANNEXATION RECOMMENDATION Adoption of a Resolution of Intention to Annex Territory referred to as Annexation No. 14-6 into Community Facilities District No. 85-1 (the "District"), to specify the services to be financed, to set and specify the rate and method of apportionment of the special taxes proposed to be levied within the territory proposed to be annexed and to set a time and place for a public hearing regarding the annexation. BACKGROUND Lennar Homes, owner of certain property (APN 0229-041-09) within the Fire Protection District (the "Territory"), is conditioned by the City and Fire Protection District to annex such property into the existing Community Facilities District (CFD) No. 85-1 to satisfy fire protection service mitigation impacts. In order to initiate formal annexation proceedings, the Fire Board is being asked to adopt a resolution approving an annexation map of the territory proposed to be annexed and a Resolution of Intention to Annex. The Resolution of Intention generally sets forth: (a) the District's intention to annex the Territory to the District; (b) the facilities and services which will, in part, be financed (Exhibit "A" of said Resolution) through the levy of the special tax on the Territory if annexed; (d) the rate and method of apportionment of the proposed special tax (Exhibit "B" of said Resolution); (e) the date, time and location of the public hearing set for August 6, 2014 and (f) election requirements. P71 RESOLUTION OF INTENTION TO ANNEX JULY 02,2014 Warren Diven, Special Counsel for the District, has worked with staff to establish the annexation process, timelines and draft resolutions. The resolution is considered to be routine and non-controversial, as the property owners are in support of the annexation procedure. On August 6, 2014, there will be a public hearing for public input/concerns on this matter. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Resolution No FD 14-026 2. CFD 85-1 Map P72 • RESOLUTION NO. FD 14-026 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY (ANNEXATION NO. 14-6) TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, CALIFORNIA, ("Board of Directors"), formed a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"). The Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, the Board of Directors desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory"); and WHEREAS, a map entitled "Annexation Map No. 14-6 to Community Facilities District No. 85-1 Rancho Cucamonga Fire Protection District, County of San Bernardino, State of California" (the "Annexation Map") showing the Territory proposed to be annexed to the District has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this Board of Directors now desires to proceed to adopt its Resolution of Intention to annex the Territory to District, to describe the territory included within District and the Territory proposed to be annexed thereto, to specify the facilities and services to be financed from the proceeds of the levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities and services, and to set a time and place for a public hearing relating to the annexation of the Territory to the District. NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: RECITALS SECTION 1: The above recitals are all true and correct. LEGAL AUTHORITY SECTION 2: These proceedings for annexation are initiated by this Board of Directors pursuant to the authorization of the Act. INTENTION TO ANNEX; DESCRIPTION OF TERRITORY AND THE DISTRICT SECTION 3. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this Board of Directors declares its intention to annex the Territory to the District. P73 A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the Secretary and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District and as subsequently annexed to the District, as such properties were shown on maps of the original District and the territories subsequently annexed to the District, all as approved by this Board of Directors and designated by the name of the original District. Copies of such maps are on file in the Office of the Secretary and have also been filed in the Office of the County Recorder. SERVICES AND FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT SECTION 4: The services that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as the performance by employees of functions, operations, maintenance, and repair activities in order to provide fire protection and suppression services to the territory within the existing District. The District shall finance all direct, administrative and incidental annual costs and expenses necessary to provide the Services. The services proposed to be provided within the Territory and to be financed by the District from the proceeds of special taxes levied within Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference (the"Services"). If and to the extent feasible the services shall be provided in common within the existing District and the Territory. The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the existing District are generally described as (a) the acquisition of land for fire stations, (b) design and construction of fire stations and (c) purchase and acquisition of fire suppression apparatus and equipment. The facilities proposed to be financed by the District from the proceeds of special taxes levied in the Territory are generally described in Exhibit A attached hereto and incorporated herein by this reference. If and to the extent that it is feasible the facilities shall be provided in common for the existing District and the Territory. Resolution No. 14-026 - Page 2 of 9 P74 SPECIAL TAXES SECTION 5: It is the further intention of this Board of Directors body that, except where funds are otherwise available, a special tax sufficient to pay for the Services, Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied annually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to Exhibit B (the "Special Tax Formula"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Services and Facilities in the existing District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Services and Facilities in the Territory is higher or lower than the cost of providing those Services and Facilities in the existing District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the Special Tax Formula. The special taxes herein authorized shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative body may, by resolution, establish and adopt an alternate or supplemental procedure as necessary. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the Rancho Cucamonga Fire Protection District, acting for and on behalf of the District. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within the District shall not be increased as a result of the annexation of the Territory to the District. Resolution No. 14-026 - Page 3 of 9 P75 PUBLIC HEARING SECTION 6: NOTICE IS GIVEN THAT ON THE 6th DAY OF AUGUST 2014, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 10500 CIVIC CENTER DRIVE, RANCHO CUCAMONGA, CALIFORNIA,A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. • AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE SECRETARY PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. MAJORITY PROTEST SECTION 7: If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-half or more of the area of land in the territory included in the District, or(d) owners of one-half or more of the area of land included in the Territory, file written protests against the proposed annexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the Board of Directors on the issues discussed at the public hearing. Resolution No. 14-026 - Page 4 of 9 P76 ELECTION SECTION 8: Upon the conclusion of the public hearing, if the legislative body determines to proceed with the annexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, if there are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. NOTICE SECTION 9: Notice of the time and place of the public hearing shall be given by the Secretary by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. A copy of this Resolution shall be transmitted to the City Council of the City of Rancho Cucamonga as required by the Act. Resolution No. 14-026 - Page 5 of 9 P77 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014, at Rancho Cucamonga, California Janice C. Reynolds, Secretary Resolution No. 14-026 - Page 6 of 9 P78 EXHIBIT 'A' COMMUNITY FACILITIES DISTRICT NO. 85-1 DESCRIPTION OF THE SERVICES AND FACILITIES The Services. It is the intention of the Board of Directors to finance certain types of fire services(the"Services")that are in addition to those currently provided in or required for the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing services already available to the Territory. A general description of the Services to be financed is as follows: The performance of functions, operations, maintenance and repair activities in order to provide fire protection and suppression services to the Territory. The Facilities. It is the intention of this Board of Directors to finance the purchase, construction, expansion, improvement, or rehabilitation of certain types of fire facilities (the "Facilities") that are in addition to those currently provided to serve the Territory and are necessary to meet the increased demand for such fire services resulting from new development within the Territory and will not be replacing facilities already available to serve the Territory. A general description of the types of the Facilities to be financed is as follows: Fire protection and suppression facilities and equipment, rescue equipment,with a useful life of five (5) years or more, including collection and accumulation of funds to pay for anticipated facilities cost shortfalls and reserves for repair and replacement to the extent that such facilities are necessary to meet the increased demand for such facilities resulting from new development within the Territory. Resolution No. 14-026 - Page 7 of 9 P79 EXHIBIT 'B' COMMUNITY FACILITIES DISTRICT NO. 85-1 ANNEXATION NO. 14-6 RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The rate and method of apportionment, limitations on and adjustment to the Special Tax shall be as follows: To pay for fire suppression services and to finance fire suppression facilities, the Maximum Special Tax in Community Facilities District No. 85-1, Annexation No. 14-6 for Fiscal Year 2014-2015 shall be: Structures Maximum Annual Special Tax Residential 1 DU = ($151.71) Multi-Family 2 DU: 1.75 = ($151.71) 3 DU: 2.25 = ($151.71) 4 DU: 2.65 = ($151.71) 5-14 DU: 2.65 = ($151.71) + {.35 (TU-4) ($151.71)) 15-30 DU: 6.15 = ($151.71) + {.30 (TU-14) ($151.71)) 31-80 DU: 10.65 = ($151.71) + {.25 (TU-30) ($151.71)) 81 — up DU: 23.15 = ($151.71) + {.20 (TU-80) ($151.71)) Commercial ($151.71) per acre + $.082 per SF Industrial ($151.71) per acre + $.100 per SF Note: DU = Dwelling Unit TU = Total Units SF = Square Foot ANNUAL ADJUSTMENT The maximum Special Tax shall be annually adjusted commencing on July 1, 2014 and each July 1st thereafter for (a) changes in the cost of living or (b) changes in cost of living and changes in population as defined in Section 7901 of the Government Code, as amended, whichever is lesser. Resolution No. 14-026 - Page 8 of 9 P8O REDUCTION IN SPECIAL TAX Commercial and industrial structures shall be granted a .01 cent reduction in the Special Tax for the installation of complete sprinkler systems. In addition, multi-floor commercial and industrial structures shall also be granted a .01 cent reduction (not cumulative) in Special Tax for each separate floor above or below the main ground floor of the structure. LIMITATION ON SPECIAL TAX LEVY The Special Tax shall only be levied on Developed Property. Developed Property is defined to be property: - which is not owned by a public or governmental agency; - which is not vacant; where a "certificate of occupancy" or "utility release" from the City of Rancho Cucamonga has been issued; - which has an existing building or structure onsite; - which does not have as its sole use power transmission towers, railroad tracks, and flood control facilities. Areas granted as easements for such purposes shall be subtracted from the total acreage of the underlying lot. The annual levy of the Special Tax shall be based upon an annual determination by the Board of Directors of the Rancho Cucamonga Fire Protection District of the amount of other revenues available to meet budget requirements. As used in this formula, "available revenue" shall include ad valorem taxes, State of California augmentation, tax increment revenues received from the Redevelopment Agency of the City of Rancho Cucamonga and any other source of revenue except the Special Tax. The Board of Directors shall take all responsible steps to retain maximum Redevelopment Agency funding to which, by agreement, they may lawfully receive. To the extent available revenues are insufficient to meet budget requirements, the Board of Directors may levy the Special Tax. For further particulars regarding the rate and method of apportionment of the Special Tax, reference is made to the Final Report Mello-Roos Community Facilities District No. 85-1 for Fire Suppression Facilities/Services— Foothill Fire Protection District, a copy of which is on file in the office of the Fire Chief of the Rancho Cucamonga Fire Protection District. Resolution No. 14-026 - Page 9 of 9 PR1 a) u 4 9 `_ 1.41 • O OD Q c v o o ® o C N � I �` ny ,Gaauo cm r.. Q Fo •� C i � w V al ca Q ��m Q �L : ny;set in 4 111 I • my epuenn!13 fly epuenn!na I - E i18.�laa�° lea o ny�a�sayoo� ° Q D ny Ja;say0oel • • i ny ua){!IIlW r—.._.._.._.._ AV uail!II!W • i i ny uaneH ! I! - ny uaneH ! I] ny esouuaH i - Ay esOWJaH i n`d pl y ny pleq!uoay i I e i oa i qu i ny uewIlaH ny uewllaH i ,�.•�' s i AV pJel(au!^ 3S ue!lauJeo ! t---(" . ��:�a ! 6m€e4eE L2 FE E:° iip r . .4... ,.smp�•9 �s'4 VI 0 L °EEE• .kf: €si.. .-1 -I- CK C m Po.:g°aa a:�S as a a€.;iar :v_ c a� � at:;;: to as to iliPi: :731 co 4::s'i2° _1 g:sa :10:•.1,__ 85.5>as i g° i _o? 4?4C$gn!i5? P82 STAFF REPORT RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO Date: July 02, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Ch V)3 By: Chris Bopko, Management Analyst III Subject: APPROVAL TO ADOPT AN ANNEXATION MAP SHOWING ASSESSOR PARCEL NUMBER 0229-041-09, (LENNAR, HOMES), LOCATED AT 13200 ARROW ROUTE, WHICH IS PROPOSED TO BE ANNEXED INTO CFD NO. 85-1 RECOMMENDATION Adoption of a resolution adopting Annexation Map No. 14-6 showing property (located at 13200 Arrow Route) proposed to be annexed into Community Facilities District (CFD) No. 85-1. BACKGROUND Etiwanda Congregation Jehovah's Witness, owner of certain property (APN 0229-041-09) located within the Fire Protection District, is conditioned to annex into Community Facilities District (CFD) No. 85-1. In order to initiate formal proceedings to annex the referenced parcel into CFD No. 85-1, a Resolution adopting an annexation map is presented for Board consideration and approval. The annexation map (Exhibit "A") illustrates the territory proposed to be annexed. The territory is inclusive of the entire development project proposed by the owner. Respectfully submitted, Mike Bell Fire Chief Attachments 1. Annexation Map 2. Resolution No FD 14-027 P83 RESOLUTION NO. FD 14-027 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 85-1, ADOPTING AN ANNEXATION MAP (ANNEXATION NO. 14-6) SHOWING PROPERTY PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 85-1 WHEREAS, the BOARD OF DIRECTORS of the RANCHO CUCAMONGA FIRE PROTECTION DISTRICT (the "Board of Directors"), desires to initiate proceedings to annex territory to an existing Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT NO. 85-1 (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. 14-6 to Community Facilities District No. 85-1, Rancho Cucamonga Fire Protection District, County of San Bernardino, State Of California" (the "Annexation Map") showing the territory proposed to be annexed to the District (the "Territory"). NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District does hereby resolve as follows: SECTION 1: The above recitals are all true and correct. SECTION 2: The Annexation Map showing the Territory proposed to be annexed to the District and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3: A certificate shall be endorsed on the original and on at least one (1) copy of the Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to annex or extent of the annexation to the District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State of California. P84 PASSED, APPROVED and ADOPTED this day of , 2014. AYES: NOES: ABSENT: ABSTAINED: L. Dennis Michael, President ATTEST: Janice C. Reynolds, Secretary I, JANICE C. REYNOLDS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a regular meeting of said Board held on the day of 2014. Executed this day of 2014 at Rancho Cucamonga, California. Janice C. Reynolds, Secretary RacnIutinn Nn P l 14_(197 - Pat-1p 9 of 7 P85 z z O< b U 8 - b b CC o mY 74w I o g3Y 1- I g „I -Iport„_ . I, rf� �=��I1I U ii O�£buz. 3 i Ib'E; �., n Irv' g °ga=mgt 155 w I Ib NI g o x it 1 ; ' " „ ! 1;g.2IBC 1 i o L; 0 `' IF 09'a'xt.sX I $ o xI4I a° F Z I , ang° a Ro =E a° g 6 r e iasga 2 mIf I a °a p O 4 u 4 n 0 ma t M ; §m Tr 01 CC 4 0 r.LL Z -] O c° ° 0 1 F= co oho g R NI. i_ frWI • � cJ F- 0 a F-- i �� a. OL_ 0 . Q Z_ I5 1 2 woo Inz � - - 8I<- - - - Z J ° Q 3fW3AV 333M15 X311 O 1ON3AV 0 SV7— 1 3 Q w AMOOMH Q wOm o X ° Z W z ° U) S O Q nQ ° • w S D F— O 311N3AV 3I1N3AV U Cg3Y 11VMNMO7 YZ N 3d '�R" 3n IV _ ,a sess4 " ,,'E o e.;--a$. re^„.3sb� y Lc 31IN3AV VONVM113 P86 STAFF REPORT `w lU\NCI-10 CUCAMONGA FIRE PROTECTION DISIRICI RANCHO Date: July 2, 2014 CUCAMONGA To: President and Members of the Board of Directors John R. Gillison, City Manager From: Mike Bell, Fire Chief By: Walt Stickney, Associate Engineer Shelley Hayes, Assistant Engineer Pam Pane, Management Analyst II Subject: Accept the bids received and award and authorize the execution of the contract in the amount of $2,651,034.00, to the lowest responsive bidder, Oakview Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $265,103.40, for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility to be funded from Fire Protection District Capital Funds, Account No. 3288501-5602 and approve an appropriation in the amount of $416,140.00 from Fire District Capital Reserves to Account No. 3288501-5602 with authorization for staff to allocate the appropriation among capital-related expenditure object numbers as needed RECOMMENDATION It is recommended that the Fire Board Accept the bids received and award and authorize the execution of the contract in the amount of $2,651,034.00, to the lowest responsive bidder, Oakview Constructors Inc., and authorize the expenditure of a 10% contingency in the amount of $265,103.40, for the Capital Maintenance Repair Projects at the Jersey Fire Station (174), Banyan Fire Station (175) and the Fire Maintenance Facility to be funded from Fire Protection District Capital Funds, Account No. 3288501-5602 and approve an appropriation in the amount of $416,140.00 from Fire District Capital Reserves to Account No. 3288501-5602 with authorization for staff to allocate the appropriation among capital- related expenditure object numbers as needed. BACKGROUND/ANALYSIS Per previous Board action, bids were solicited, received and opened on June 17, 2014, for the subject project. The Engineer's estimate for the base bid was $2,500,000.00. Staff has reviewed all bids received and found all to be complete and in accordance with the bid requirements with any irregularities to be inconsequential. Staff has completed the required background investigation and finds the lowest responsive bidder meets the requirements of the bid documents. P87 AWARD CAPITAL.MAINTENANCE.REPAIR PROJECTS JULY 2,2014 PAGE 2 The scope of work consists of minor demolition, new HVAC, new aluminum windows, finish carpentry and case work, tile work, acoustical ceiling, sandblasting, painting, and roofing. The contract documents call for one hundred fifty (150) working days to complete this construction. Respectfully submitted, Mike Bell, Fire Chief /sh Attachment: Vicinity Map P88 I i I I HILLS!BE RD :ILL•IDER, I IIH!U ILSO AV WILSON AV LSONV al ■re BAI Y N ST \/! co i IH _ – 1 210 ����IP . �i4C71�� � � s�� . w . . � - _ /TORI , x U BASE ° or E. ,, E.OTHI ULra �c>t zW RT ! 4 5 8 H ST �� I _' er INSTS 6TH ST a. cr LL 4 H S 0,ilk m PROJECT FROTH LLBt Ri0O_ CBCVEI— cc 1 WILSON AV \ ARROW RT ~ > j z ' JE YBL j — ;I g Q I FS 175 W ---- ----- , 01 Z BANYAN $T _4_,> FS/174 1 't- ------------+---- - Shop / I I -----> 17TH ST I i it I 4�9NRP 1 210 QV — — — 6TH ST —1 -- - II I ri k I i lh1 • Vicinity Map Fire Stations 174, 175, and Shop P89 STAFF REPORT ;� J bilge yI CITY MANAGERS OFFICE RANCHO Date: June 24, 2014 CUCAMONGA To: Mayor and Members of the City Council President and Members of the Board of Directors John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide — Sustainability Subject: Authorization to execute a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG; Approve Resolution No. FD14-028 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. RECOMMENDATION It is recommended that the City Council authorize the execution of a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG; Approve Resolution No. 14-114 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. BACKGROUND The City is a member agency of the San Bernardino Associated Governments (SANBAG), which is serving as the County's Council of Governments (COG), has undertaken a number of regional efforts to reduce greenhouse gas emissions in San Bernardino County. These include completing a regional greenhouse gas emissions inventory and implementing the popular HERO residential energy efficiency financing program. In September 2012, SANBAG initiated the feasibility of conducting a countywide joint solar power procurement initiative and invited cities and other public agencies to participate. By participating in a joint procurement and taking advantage of economies of scale, the City will benefit from increased vendor competition, competitive pricing, reduced transaction costs and administrative time, competitive contract terms, standardized procurement documents, accelerated financing, and the co-benefits of a regional reduction in greenhouse gas emissions and enhanced local economic activity and job growth. As part of first phase of the Joint Solar Power Procurement project, SANBAG contracted with Newcomb, Anderson, and McCormick to conduct a solar feasibility study for each site submitted by the participating cities and agencies. City staff submitted six Rancho Cucamonga facilities as potential sites for the consultants to analyze. The study provided a feasibility analysis of these potential sites and assisted SANBAG and participating agencies in their discussion on whether to proceed with a joint procurement for each site. In October 2013, the solar feasibility analysis and P90 Atl'I'I IORiz.\iioN 1/1 l?tl: :um.\I\11'.11()lt.\NDI'MI(I F UNDERSTANDING IUR P1IASE II JOINT SOLAR PAGE 2 PROCi'RRMENT V(1'1'I 1 SANBAG;API'RO\'I?RES()I.tlTlON NO. 14-114 mtt'1111 RI?IMMBE,RSI \II;NT I() TI Ii?CITY FOR RELATED COSTS 1IROI'GI I'I I II..CALIFORNIA SI'.\TI.V('IDE COMMUNITIES DEVELOPMENT FINANCING PR AND FUND 281 (FIRE FUND). J1'Nl:24,2014 report was completed and distributed. The first phase of the Joint Solar Power Procurement project was paid almost entirely by SANBAG. The analysis results demonstrated that four (4) city facilities - Central Park, Metrolink station, and the Banyan and Day Creek fire stations would benefit from solar installation. These sites were beneficial based on the life cycle cost of the solar photovoltaic system, project cash flow, and ownership payback. The estimated payback for the selected sites range from 16 to 19 years, are estimated to save $2,961,665 over the life of the systems, and will reduce approximately 11,000 tons of carbon dioxide equivalent (CO2e) of greenhouse gas emissions. Below is the summary of the solar site portfolio recommendations and estimated costs, revenue, and carbon reduction over a 25-year period: Site Total Carbon Net Estimated Site Name Payback System Project Total Reduction Benefit (in Size Costs Revenue (tons years) (kW) CO2e) Central Park 16 782 ($3,486,102) $5,839,476 8,975 $2,353,374 RC Metrolink Station 16 72 ($406,507) $702,095 826 $295,588 Banyan Fire Station 19 76 161 $31,182 #175 ($79,043) $110,225 Day Creek Fire Station 16 84 #173 ($411,510) $693,031 993 $281,521 TOTALS 1014 ($4,383,162) $7,344,827 10,995 $2,961,665 The next phase in the joint solar power procurement process is to notify SANBAG which sites the City is interested in moving forward with and to enter into a Memorandum of Understanding. Newcomb, Anderson, and McCormick will continue to provide consulting services through this phase which includes the development of a Request for Proposals (RFP), preparation of the solar design for specifications and the procurement documents, reviewing vendor proposals, assistance with vendor negotiations, and providing construction management services for all the recommended solar sites. The consultant costs for cities to participate in the second phase of the project is $12,775 per site. The FY 2014-2015 Budget includes funding for the consulting costs for Central Park and the Banyan and Day Creek fire stations; however upon further review, staff is also recommending the Metrolink station be included as well. An appropriation of $12,775 from Fund 133 would need to be authorized for the addition of the Metrolink Station. SANBAG is working with the California Statewide Communities Development Authority (CSCDA) in order to provide the participating agencies with a financing option for the solar installations. CSCDA is a Joint Powers Authority, formed to help public agencies by serving as a conduit bond issuer and providing access to capital. This creates market access efficiency, reduced costs, and better interest rates. This program will provide a financing option for the joint procurement of renewable solar photovoltaic (PV) power for the participating agencies. The bonds issued to finance renewable solar facilities will be Lease Revenue Bonds issued through the California Statewide Communities Development Authority ("CSCDA"). The bonds will not be cross collateralized amongst participants. The cost effectiveness of bond insurance will be evaluated and each city will be assisted throughout • P91 AU TI R 112 VAT'IUN'1'O EXECUTE A NIIiiMORANDUAI(11;UNDERSTANDING FUR PI IASI: II JOINT SOLAR PAGE 3 PROCURENIENI'WITH SANBAG;APPROPI?RESOLUTION No. 14-114 FoR TI IN RISIMIIRURSHNINNf TO THE CITY FOR RIUXI'ED COSTS T1IR000I I'I'I IN CALIFORNIA SI'A l EAX'IDN CO,IAIUNrI'IHS DHPELUP,UISNI'FINANCING PR AND FUND 281 (FIRE FUND). JUNE 24,2014 the process by well qualified consultants and CSCDA staff. Bond sale timing will be coordinated with the procurement of the solar installations. The CSCDA program does not preclude the City from pursuing its own financing options or paying cash. It is initially anticipated that Central Park and the Metrolink station will participate in the financing program while the two fire stations may not. The attached resolution allows the City to be reimbursed for the consultant's cost if we participate in the financing option and does not obligate the City to participate in the CSCDA program. Therefore, it is recommended the resolution be adopted as part of the Phase II Joint Solar Power Procurement project regardless of how the City ultimately decides to pay for the solar installations. CONCLUSION Staff recommends that the City Council authorize the execution of a Memorandum of Understanding for Phase II Joint Solar Procurement for the four (4) city facilities - Central Park, Metrolink station, and the Banyan and Day Creek fire stations; Approve Resolution No. 14-114 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. The Memorandum of Understanding and Resolution appears on the City Council and Fire Protection District agendas for approval. Respectfully'Submitted, �ro' wl.h Deborah Allen Fabian Villenas Management Aide — Sustainability Principal Management Analyst Attachments: Memorandum of Understanding for Joint Solar Power Procurement Phase II Resolution for Joint Solar Power Procurement Phase II P92 CI4132 MEMORANDUM OF UNDERSTANDING FOR PHASE II JOINT SOLAR POWER PROCUREMENT This Memorandum of Understanding ("MOU") is entered into by and among San Bernardino Associated Governments ("SANBAG") and the public entities whose executed signatures pages are attached to this MOU (collectively the "Participating Parties" and individually a "Participating Party"). SANBAG and the Participating Parties are referred to herein as "the Parties" and individually as a "Party". This MOU is nominally dated 2014, and is effective as of the date executed by SANBAG. RECITALS WHEREAS, the Parties desire to purchase either renewable energy or renewable energy generation equipment to provide energy for their respective operations; and WHEREAS, the Parties wish to take advantage of potential efficiencies when such purchases or acquisitions are made in large volumes; and WHEREAS, the Participating Parties desire that SANBAG shall be the lead Party for issuing a solicitation to purchase renewable energy and renewable energy generation equipment (the "Solicitation"); and WHEREAS, the Solicitation would be for large volume purchases of renewable energy or renewable energy generation equipment through a regional, multi-jurisdictional purchasing arrangement whereby project sites are aggregated into groups on the basis of type of technology, geographic location, and various risk and other financing related factors; and WHEREAS, large volume purchases likely result in more efficient procurement than would otherwise be available if individual jurisdictions independently purchased renewable energy or renewable energy generation equipment; and WHEREAS, the Parties acknowledge that the transaction costs associated with purchasing renewable energy and renewable energy generating equipment can be reduced when the Parties agree to the same terms and conditions incorporated within standardized template documents; and WHEREAS, SANBAG has engaged the engineering firm Newcomb Anderson McCormick ("Consultant") to perform an initial analysis of the Parties' potential renewable energy sites as well as a preliminary financial analysis of the cost to develop renewable energy from those sites whether by direct purchase of the equipment to generate the energy or through long-term purchase of the energy only; and 1 P93 WHEREAS, Consultant, as part of their original proposal to SANBAG and pursuant to SANBAG Contract No. C 12142, provided a set cost to perform Scope of Work for Phase II of the Joint Solar Power Procurement project on behalf of the Parties; and WHEREAS, it is the intent and purpose of this MOU for Participating Parties to provide funding to SANBAG to procure services of Consultant to perform the Scope of Work for Phase II of the Joint Solar Power Procurement as identified in Attachment "A"; and WHEREAS, at the completion of the Solicitation process, subject to the approval of its Board, Council or applicable governing body, each Party may enter into power purchase, financing, and/or other agreements with selected vendors ("Vendors") substantially in the forms of the Template Documents to be prepared pursuant to Sections 1.D. and I.E. of this MOU. NOW, THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms, conditions and provisions hereinafter set forth, the Parties agree as follows: SECTION I. ROLES AND RESPONSIBILITIES OF SANBAG A. SANBAG agrees to manage Contract No. C 12142, as may be amended from time to time, with Consultant to perform the Scope of Work for Phase II of the Joint Solar Power Procurement as described in Attachment"A", attached hereto and incorporated by this reference. SANBAG's Project Manager shall be responsible for review and approval of Consultant's invoices. B. SANBAG's Project Manager will have final approval of all Consultant deliverables; however, prior to final approval of a deliverable from the Consultant, SANBAG's Project Manager will consult with the designated staff from the Participating Parties. C. For purposes of this Agreement, SANBAG designates the following Project Manager for this project: Duane Baker Director of Management Services San Bernardino Associated Governments 1170 West Third Street, 2nd Floor San Bernardino, CA 90012 (909) 884-8276 D. SANBAG with services of Consultant shall (i) prepare and issue the solicitation, and be the lead jurisdiction and point of contact for the bidders, (ii) create templates of transaction documents, which may include, without limitation, a direct acquisition agreement, a form of power purchase agreement, and a form of lease (the "Template Documents"), and (iii) timely coordinate and communicate with Participating Parties, as necessary throughout the procurement process through recommendation for award and negotiations with the bidders. 2 P94 E. SANBAG will consult with the Participating Parties with respect to the content of the Solicitation and the terms and conditions contained within the Template Documents, provided, however, that any comments or concerns must be communicated to SANBAG within the allotted timeframe as provided by SANBAG, with such timeframe to afford a reasonable opportunity to respond. SECTION 2. ROLES AND RESPONSIBILITES OF THE PARTCIPATING PARTIES A. Each Participating Party has undertaken its own due diligence prior to entering into this MOU to determine the feasibility of renewable energy generation to be located at project sites and has designated on its signature page the number of sites at which the Participating Party desires to have . B. Each Party is responsible for meeting its individual legal, procedural and other requirements for the procurement of renewable energy or renewable energy generating equipment. C. Within 30 days of the Effective Date of this MOU, each Participating Party will designate a contact staff person for the project and notify SANBAG's Project Manager with contact information for that contact staff person. D. Upon conclusion of the Solicitation process, each Party may, subject to the approval of its Board, Council or applicable governing body, enter into binding agreements, substantially in the form of the Template Documents, with the selected Vendors, provided that each Party determines, to its satisfaction, that the Vendors are responsible, and comply with the Party's terms, conditions and requirements. The Parties may also negotiate with Vendors in order to conform the Template Documents with requirements of law, regulation and policy. SANBAG shall not be responsible for reference checks, performance, or for compliance with any agreement, regulations, laws or policies, except as to this MOU and any contracts between SANBAG and Vendors. Parties are not required to contract with any Vendor. E. Parties agree to participate in the Solicitation under the lead role of SANBAG and agree to work cooperatively and promptly with SANBAG throughout the Solicitation process. The Parties agree that time is of the essence; and failure of a Party to provide the required information in the requested format and within reasonable deadlines established by SANBAG may result in termination of that Party's participation in the Solicitation. F. The Parties agree that SANBAG will be the single point of contact for Vendors and necessary third parties throughout the Solicitation process, in order to avoid the potential for confusion. SANBAG agrees to provide the Participating Parties with all relevant information in a timely manner. G. Any Party may separately pursue its own solicitation of renewable energy and/or related facilities. 3 P95 SECTION 3. PAYMENT A. Except as expressly provided herein, each Participating Party shall provide SANBAG $12,775 per site for the number of sites designated on such Participating Party's signature page ("Phase II Cost Share") within thirty (30) days after the Effective Date of this MOU. B. From the Phase II Cost Shares paid by the Participating Parties to SANBAG, SANBAG shall pay for all costs and expenses incurred by Consultant related to the Scope of Work described in Attachment "A". C. Except as expressly provided herein, if any funds paid in advance by a Party are unspent upon the completion or termination of this MOU, SANBAG shall return a proportionate share of such unspent funds to each Party determined by dividing the Party's Phase II Cost Share by the aggregate Parties' Phase II Cost Shares. SANBAG shall return such unspent funds within 30 days of the completion or termination of the MOU. SECTION 4. TERM The term of this MOU shall commence on the Effective Date and shall expire June 30, 2016; however, the provisions of Sections 6 and 10 shall survive termination or expiration of this MOU. SECTION 5. GOVERNING LAW AND VENUE • The law governing this MOU shall be the State of California. In the event that suit shall be brought by any Party to this MOU, the Parties agree that venue shall be exclusively vested in the State's courts of the County of San Bernardino or if federal jurisdiction is appropriate, exclusively in the United States District Court, Central District of California, Riverside, California. SECTION 6. WARRANTY DISCLAIMER; LIABILITY; WAIVER A. No warranty, express or implied, is provided by any Party as to results or success of the Solicitation, this MOU, or any agreements ultimately entered into by the Parties. Each Party acknowledges that the others have not made, and are not making, any assurances, guaranties or promises with respect to the subject matter of this MOU and that each Party is ultimately responsible for conducting its own due diligence with respect to feasibility, pricing, technology, third parties and all other matters in any way related to the subject matter of this MOU. B. In no event shall any Party, nor its officers, agents, employees, or representatives be liable to another Party for any direct, indirect, incidental, special, exemplary, or 4 P96 consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way, directly or indirectly, from this MOU, participation in the Solicitation, or any agreement(s) between a Party and any third party, even if advised of the possibility of such damage. C. Each Party is responsible for negotiation, execution, administration of any contract with a Vendor or third party related to the subject matter of this MOU, and the agreements ultimately entered into by each Party shall not be cross-defaulted or cross-collateralized in any respect with the agreements entered into by any other Party to this MOU. D. No waiver by any Party to this MOU of any breach or violation of any term or condition of this MOU shall be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 7. NOTICES Notices shall be deemed effective on the date delivered if delivered by personal service or nationally recognized overnight delivery service, or if mailed, three (3) days after deposit in the U.S. Postal Service mail. All notices and other communications required or permitted to be given under this MOU shall be in writing and shall be personally served, delivered by overnight service, or by mail, first class, certified or registered postage prepaid and return receipt requested, addressed to the respective Parties as follows: SANBAG 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410 Attn: Duane Baker PARTICIPATING PARTIES ADDRESSES LISTED ON RESPECTIVE SIGNATURE PAGES SECTION 8. MISCELLANEOUS PROVISIONS A. If any term, condition or covenant of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this MOU shall be valid and binding on the Parties. B. This MOU may be executed in counterparts and will be binding as executed, with number of sites stated and address provided. C. All changes or extensions to this MOU shall be in writing in the form of an amendment executed by all Parties. 5 P97 D. This MOU is entered into only for the benefit of the Parties executing this MOU and not for the benefit of any other individual, entity, or person. E. The recitals are true and correct and are incorporated into this MOU. SECTION 9. WITHDRAWAUTERMINATION A. No Party may withdraw from or terminate this MOU during the period 30 days before the issuance of the Solicitation and the date that Vendor(s) have been selected. The date of the Solicitation will be pursuant to the schedule developed by SANBAG in collaboration with the Parties for such Solicitation. ' B. Withdrawal by any Party from this MOU shall not preclude remaining Parties from continuing the Solicitation contemplated under this MOU and from using the Template Documents created by any Party to this MOU, unless otherwise prohibited by law. C. Notice of withdrawal must be provided in writing to SANBAG. SECTION 10. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed on the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party that are in any way related to this MOU shall not be shared on a pro rata basis but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this MOU. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of another Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this MOU. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date. SAN BERNARDINO ASSOCIATED GOVERNMENTS BY: W.E. JAHN, PRESIDENT NO. OF SITES: SIGNATURES OF PARTICIPATING PARTIES ON FOLLOWING PAGES 6 P98 CITY OF RANCHO CUCAMONGA, CALIFORNIA BY: L. Dennis Michael, Mayor ADDRESS: 10500 Civic Center Drive Rancho Cucamonga, CA 91729 NO. OF SITES: Four (4) 7 P99 Attachment"A" Scope of Work I) Prepare a final report for each site ultimately selected for further analysis and procurement by participating public agencies at conclusion of Phase I that includes the following: a) Total generation potential, given available space. b) Anticipated electrical and/or natural gas savings. c) Potential CO, reductions. d) Minimum and maximum recommended installation capacity. e) Comparison of actual electricity consumption at the site to the optimized system size and output. t) Minimum and maximum recommended installation capacity, given expected energy usage. g) Any suggested tree trimming/removal for recommended capacities. h) Anticipated site specific challenges—especially potential CEQA concerns. i) Electrical and structural analysis to determine feasibility of connecting solar system to the building's electrical system, as well as whether or not the building's rooftop is structurally adequate to support the projected load in compliance with the Uniform Building Code. j) Compare the expected system output with the actual electricity consumption at the site to optimize system size for electricity generation, this should include a time of use load profile for the facility. k) Provide recommendations on any necessary upgrades to electrical transfer switches or other infrastructure needed for interconnection. 2) Assist SANBAG in drafting RFP conditions, system designs and specifications. 3) Assist SANBAG in drafting other procurement documents and agreements for use by each participating public agency. 4) Provide technical expertise throughout the procurement and assist in responding to vendor inquiries. 5) Assist SANBAG in evaluating proposals by providing technical analysis on technology, price and performance. 6) Assist with contract negotiations with vendor and assist with contract terms. Provide project management services for solar power installations including coordination between vendor and participating public agency and contract compliance. 8 P100 RESOLUTION NO. FD14-028 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT AUTHORIZING REIMBURSEMENT FOR COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) FINANCING PROGRAM WHEREAS, the City of Rancho Cucamonga is a member agency of the San Bernardino Associated Governments (SANBAG) that serves as the County's Council of Governments (COG) and has undertaken a number of regional efforts to reduce greenhouse gas emissions in San Bernardino County; and WHEREAS, the Fire Protection District is participating in the Joint Solar Power Procurement project led by SANBAG for the opportunity to collectively purchase solar photovoltaic systems and receive competitive pricing by taking advantage of economies of scale; and WHEREAS, a Solar Feasibility Analysis and Report was completed and demonstrates that two Fire facilities - Banyan and Day Creek fire stations - would benefit with solar installation through the Joint Solar Power Procurement; and WHEREAS, SANBAG is working with the California Statewide Communities Development Authority (CSCDA) organization, in order to assist the City in financing the solar improvements; and WHEREAS, CSCDA is a Joint Powers Authority and was formed to help public agencies by serving as a conduit bond issuer and providing access to capital; and WHEREAS, the Fire Protection District (the "Borrower") has or may make certain expenditures in connection with Joint Solar Power Procurement (the "Project"), prior to the date of this Resolution, and the Borrower expects to make additional expenditures for the Project in the future; and NOW, THEREFORE, the Board Of Directors of the Rancho Cucamonga Fire Protection District of Rancho Cucamonga, hereby resolves that the Borrower intends to reimburse itself for all or a portion of such expenditures, to the extent permitted by law, with the proceeds of bonds or other obligations to be issued by a political subdivision or other governmental entity for the benefit of the Borrower (the "Bonds"). BE IT FURTHER RESOLVED, that the maximum principal amount of the Bonds expected to be issued for the project are $490,553.00 for the Fire District. CITY OF RANCHO CUCAMONGA P101 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amouni AP 00348136 2014/06/11 ( CONSOLIDATED ELECTRICAL DISTRIBUTORS IT 1,110.24 AP 00348137 2014/06/11 ( CONTACT SECURITY INC 500.00 AP 00348138 2014/06/11 l COX, KATHY 500.00 AP 00348449 2014/06/18 l SOUTHERN CALIFORNIA EDISON 25.80 AP 00348449 2014/06/18 ( SOUTHERN CALIFORNIA EDISON 105.91 AP 00348449 2014/06/18 ( SOUTHERN CALIFORNIA EDISON 25.80 AP 00348302 2014/06/18 ( AGAPE EMPLOYMENT 13.02 AP 00348111 2014/06/11 ( ALL STATE PAPER AND METAL RECYCLING 500.00 AP 00348315 2014/06/18 ( BARNES AND NOBLE 97.75 AP 00348320 2014/06/18 l BOUND TREE MEDICAL LLC. 277.02 AP 00348178 - 2014/06/11 ( K K WOODWORKING 21,58 AP 00348329 2014/06/18 ( CARQUEST AUTO PARTS 104.82 AP 00348334 2014/06/18 ( COUNTRY ESTATE FENCE CO INC 1,620.00 AP 00348337 2014/06/18 ( D AND K CONCRETE COMPANY 390.96 AP 00348195 2014/06/11 1 MIJAC ALARM COMPANY 32.40 AP 00348348 2014/06/18 FIERRO,ALEX 405.00 AP 00348352 2014/06/18 l GOLDEN STATE CONSTRUCTORS INC -5,975.04 AP 00348357 2014/06/18 I HAIGHT BROWN& BONESTEEL LLP 163.52 AP 00348223 2014/06/11 I RANCHO REGIONAL VETERINARY HOSPITAL IN 29.49 AP 00348224 2014/06/11 I RICHARDS WATSON AND GERSHON 16,811.25 AP 00348235 2014/06/11 I SAN BERNARDINO CTY REAL ESTATE SVCS DEl 8,899.00 AP 00348247 2014/06/11 I SOUTH COAST AQMD 118.94 AP 00348275 2014/06/11 ( XEROX CORPORATION 1.48 AP 00348275 2014/06/11 ( XEROX CORPORATION 26.49 AP 00348275 2014/06/11 ( XEROX CORPORATION 52.14 AP 00348275 2014/06/11 ( XEROX CORPORATION 213.42 AP 00348275 2014/06/11 l XEROX CORPORATION 109.90 AP 00348283 2014/06/12 ( BRODART BOOKS , 14.54 AP 00348283 2014/06/12( BRODART BOOKS 327.05 AP 00348283 2014/06/12( BRODART BOOKS 4.48 AP 00348283 2014/06/121 BRODART BOOKS 6.64 AP 00348283 2014/06/121 BRODART BOOKS 274.06 AP 00348283 2014/06/121 BRODART BOOKS 949.22 AP 00348283 2014/06/121 BRODART BOOKS 8.96 AP 00348283 2014/06/12( BRODART BOOKS 13.44 AP 00348283 2014/06/12 l BRODART BOOKS 98.58 AP 00348283 2014/06/12( BRODART BOOKS 4.48 AP 00348283 2014/06/12( BRODART BOOKS 115.84 AP 00348116 2014/06/11 ( ASAP POWERSPORTS 187.87 AP 00348118 2014/06/11 ( AUFBAU CORPORATION 784.00 AP 00348123 2014/06/11 ( BURNS, HAYLEY 6.00 AP 00348133 2014/06/11 ( CHARTER COMMUNICATIONS 85.00 AP 00348134 2014/06/11 ( CINTAS CORP. #150 125.09 AP 00348136 2014/06/11 l CONSOLIDATED ELECTRICAL DISTRIBUTORS IT' 64.80 AP 00348449 2014/06/18 ( SOUTHERN CALIFORNIA EDISON 874.51 User: VLOPEZ- VERONICA LOPEZ Page: 1 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC-CK: Agenda Check Register Portrait Layout Time: 14:2 CITY OF RANCHO CUCAMONGA P102 Agenda Check Register 6/11/2014 through 6/24/2014 Check No. Check Date Vendor Name Amount AP 00348449 2014/06/18( SOUTHERN CALIFORNIA EDISON 25.08 AP 00348449 2014/06/18( SOUTHERN CALIFORNIA EDISON 22.80 AP 00348449 2014/06/18 ( SOUTHERN CALIFORNIA EDISON 23.70 AP 00348449 2014/06/18 ( SOUTHERN CALIFORNIA EDISON 25.94 AP 00348449 2014/06/181 SOUTHERN CALIFORNIA EDISON 25.80 AP 00348449 2014/06/181 SOUTHERN CALIFORNIA EDISON 60.73 AP 00348449 2014/06/181 SOUTHERN CALIFORNIA EDISON 36.58 AP 00348471 2014/06/18( VERIZON WIRELESS- LA 25.66 AP 00348471 2014/06/18( VERIZON WIRELESS- LA 51.85 AP 00348471 2014/06/18( VERIZON WIRELESS - LA 51.85 AP 00348471 2014/06/18 ( VERIZON WIRELESS - LA 51.85 AP 00348471 2014/06/18 ( VERIZON WIRELESS - LA 25.66 AP 00348471 2014/06/18 ( VERIZON WIRELESS - LA 25.66 AP 00348471 2014/06/18 ( VERIZON WIRELESS - LA 51.85 AP 00348471 2014/06/18 ( VERIZON WIRELESS - LA 25.66 AP 00348471 2014/06/181 VERIZON WIRELESS - LA 25.66 AP 00348471 2014/06/181 VERIZON WIRELESS- LA 27.65 AP 00348471 2014/06/181 VERIZON WIRELESS- LA 25.66 AP 00348471 2014/06/181 VERIZON WIRELESS-LA 36.86 Ap 00348471 2014/06/18( VERIZON WIRELESS- LA . 36.84 AP 00348471 2014/06/18( VERIZON WIRELESS- LA 36.82 AP 00348471 2014/06/18( VERIZON WIRELESS- LA 32.05 AP 00348471 2014/06/18( VERIZON WIRELESS - LA 51.85 AP 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00348292 2014/06/121 MWI VETERINARY SUPPLY 2,568.92 EP 00004387 2014/06/181 TENASKA POWER SERVICES CO 22,000.00 EP 00004376 2014/06/111 GREATER ONTARIO CONVENTION AND VISTOR 18,711.82 EP 00004385 2014/06/181 SAN BERNARDINO CTY SHERIFFS DEPT 2,376,510.86 EP 00004383 2014/06/181 FORTISTAR METHANE GROUP LLC 25,995.56 EP 00004378 2014/06/11 ( VIASYN INC 3,232.00 EP 00004377 2014/06/11 ( RCPFA 9,344.26 EP 00004375 2014/06/1 l 1 CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 1,450.00 EP 00004386 2014/06/181 VIASYN INC 10,431.18 EP 00004383 2014/06/181 FORTISTAR METHANE GROUP LLC 89,450.50 EP 00004386 2014/06/18( VIASYN INC 8,666.07 EP 00004379 2014/06/11 ( EXELON GENERATION CO. LLC. 114,858.10 EP 00004385 2014/06/18( SAN BERNARDINO CTY SHERIFFS DEPT 12,579.14 EP 00004380 2014/06/111 RCCEA 1,170.00 EP 00004375 2014/06/11 I CALIF GOVERNMENT VEBA/RANCHO CUCAMOI 7,550.00 EP 00004382 2014/06/181 CITIGROUP ENERGY INC 172,155.20 EP 00004384 2014/06/18( RIVERSIDE,CITY OF 6,052.00 Total for Entity: 4,321,258.07 User: VLOPEZ-VERONICA LOPEZ Page: 34 Current Date: 06/25/: Report:CK AGENDA REG PORTRAIT RC- CK: Agenda Check Register Portrait Layout Time: 14:2 P135 STAFF REPORT to COMN,UNI ITV SI.irvicis DI.P1\1z u: rnN r L' b,. RANCHO Date: July 2, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Nettie Nielsen, Community Services Director By: Shelley Hayes, Assistant Engineer Subject: ACCEPT THE CENTRAL PARK PAVILION PROJECT, CONTRACT NO. 13-146 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $261,363.09 RECOMMENDATION It is recommended that the City Council accept the Central Park Pavilion Project, Contract No. 13- 146, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $251,998.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $13,068.15 35 days after acceptance. Also approve the final contract amount of$261,363.09. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Central Park Pavilion Project scope of work consisted of the installation of a large picnic shelter, landscape and irrigation modifications, electrical service for the pavilion and infrastructure for a future drinking fountain. Pertinent information of the project is as follows: > Account Numbers: 1120401-5650/1803120-0, 1120401-5650/1834120-0 > City Council Approval to Advertise: May 1, 2013 > Publish dates for local paper: May 7 and 15, 2013 > Bid Opening: June 4, 2013 > Contract Award Date: June 19, 2013 > Low Bidder: Atom Engineering Construction Inc. > Contract Amount: $251,998.00 • Contingency: $17,640.00 > Final Contract Amount: $261,363.09 P136 CITY COUNCIL STAFF REPORT Re: CENTRAL PARK PAVILION PROJECT JULY 2, 2014 PAGE 2 ➢ Difference in Contract Amount: $9,365.09 (3.72%) The net increase in the total cost of the project is a result of two Contract Change Orders. The notable changes that were significant to the increase of the Contract amount were installation of electrical wiring and lights and a brass nipple at the backflow. Respectfully submitted, • NCO( eir Nettie Nielsen Community Services Director NN/sh Attachment • • • P137 RESOLUTION NO. 14-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE CENTRAL PARK PAVILION PROJECT CONTRACT NO. 13-146 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, the Central Park Pavilion Project, Contract No. 13-146, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 14-108 - Page 1 of 1 P138 STAFF REPORT Ii ADMINISTRATIVE SERVICES GROUP L J RANCHO CUCAMONGA Date: July 2, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: APPROVAL OF A CONTRACT EXTENSION BETWEEN NEC CORPORATION OF AMERICA AND THE CITY OF RANCHO CUCAMONGA FOR TELEPHONE SYSTEM MAINTENANCE AND SUPPORT SERVICES FOR FISCAL YEAR 2014/15, AND APPROVE AN ADDITIONAL APPROPRIATION OF $3,186.00 FROM TELECOMMUNICATIONS FUND 1001217-5300 (CONTRACT SERVICES). RECOMMENDATION: It is recommended that the City Council approve the contract extension between NEC Corporation of America and the City of Rancho Cucamonga for Telephone System Maintenance and Support Services for Fiscal Year 2014/2015, and approve an additional appropriation of $3,186.00 from Telecommunications Fund 1001217-5300 (Contract Services). BACKGROUND/ANALYSIS: In 1999, the City installed a complete Private Branch Exchange (PBX) telecommunications network for City Hall and all offsite locations manufactured by NEC Corporation of America (hereinafter "NEC"). NEC has been under contract to provide citywide telephone maintenance and support services on the City's equipment since 2001. NEC has proven to provide required technical knowledge, support service, and responsiveness resulting in minimal system down-time. Fiscal Year 2014/2015 will be the final year to contract with NEC. The City will be going out with a Request For Proposal (RFP) to explore the options available for replacing the entire phone system and/or a citywide phone upgrade phased over a number of years. When that decision is made and approved, it will include annual telephone system maintenance and technical support for Fiscal Year 2015/2016. NEC will be invited to submit a proposal at that time. P139 CA:e4STAFF REPORT L _ ADMINISTRATIVE SERVICES GROUP RANCHO CUCAMONGA Date: July 2, 2014 To: Mayor and Members of the City Council John R. Gillison, City Manager From: Lori Sassoon, Deputy City Manager/Administrative Services By: Ingrid Y. Bruce, GIS/Special Districts Manager Subject: AUTHORIZATION TO EXECUTE AN ENTERPRISE LICENSE AGREEMENT (ELA) FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) SOFTWARE BETWEEN ENVIRONMENTAL SYSTEM RESEARCH INSTITUTE (ESRI) AND THE CITY OF RANCHO CUCAMONGA IN THE TOTAL AMOUNT OF $300,000 FOR A THREE (3) YEAR TERM BEGINNING FISCAL YEAR 2014/2015 THROUGH FISCAL YEAR 2016/2017 PAYABLE IN THREE ANNUAL INSTALLMENTS. RECOMMENDATION: Staff respectfully requests the City Council provide authorization to execute an Enterprise License Agreement (ELA) for Geographic Information Systems (GIS) between Environmental System Research Institute (Esri) and the City of Rancho Cucamonga in the total amount of $300,000 for a three year term beginning Fiscal Year 2014/2015 through Fiscal Year 2016/2017 payable in three annual installments. BACKGROUND: Esri is the world leader in GIS software and the largest supplier to over 350,000 organizations worldwide. Esri software is the standard in state and local government and is used by more than 24,000 state and local governments across the nations. Without this very specialized software, GIS applications and mapping would be virtually impossible. The early introduction of this software in the organization has propelled the City into being one of the recognized local government leaders in the field on GIS technology that has successfully implemented and currently maintains GIS as an enterprise solution. Some of the many existing uses of GIS in various City departments include: • Fire o Fire department utilizes map books for emergency response on a daily basis. These maps are critical for any E911 call. o They also utilize a weed abatement program application which easily enables the fire inspector to perform efficiently in the field. • Business License P140 AUTHORIZATION TO EXECUTE AN ENTERPRISE LICENSE AGREEMENT(ELA)FOR PAGE 2 GEOGRAPHIC INFORMATION SYSTEMS (GIS)SOFTWARE BETWEEN ENVIRONMENTAL SYSTEM RESEARCH INSTITUTE(ESRI)AND THE CT Y OF RANCHO CUCAMONGA IN THE TOTAL AMOUNT OF$300,000 FOR A THREE(3)YEAR TERM BEGINNING FISCAL YEAR 2014/2015 THROUGH FISCAL YEAR 2016/2017 PAYABLE IN THREE ANNUAL INSTALLMENTS. JULY 2,2014 o Business License utilizes various mapping products which help the division in tracking businesses and also locate residential businesses operating without permits. In 2013, utilizing this application has enabled Business License to recover $14,385 in revenue. • Building & Safety/Code Enforcement o Building & Safety/Code Enforcement utilizes the basemap products that enhance daily work. Both divisions are currently using Accela and in conjunction with the basemap provide them with critical information regarding property, trails, violation etc. • Public Works o Public Works Department staff utilizes a number of GIS applications daily. These include street sweeping maps, trash pickup maps, and signs inventory. o They also utilize Interactive applications for sidewalk repair, catch basin and storm drain to capture the various locations of these features that enable staff to easily perform their work more efficiently in the field. • Engineering o Engineering Department use of GIS include interactive applications, map books and printing jobs. They are currently beta testing an application that will notify residents and businesses of critical projects within the city. • Community Services o Community Services uses the GIS software to create mailing labels that are essential to everyday functions. Other critical services are client distribution analysis, demographic analysis, and site suitability analysis to name a few. • Library o Library uses the GIS software to perform analyses for current card holders, active users of the Libraries and target locations to name a few. • Administration o Healthy RC uses GIS software to identify areas for community outreach, safe routes to school and promoting healthy lifestyles for all. • Animal Services o Animal Services uses the GIS software to create boundaries for use on the iPads when canvassing. P141 AUTHORIZATION TO EXECUTE AN ENTERPRISE LICENSE AGREEMENT(ELA)FOR PAGE 3 GEOGRAPHIC INFORMATION SYSTEMS (GIS) SOFTWARE BETWEEN ENVIRONMENTAL SYSTEM RESEARCH INSTITUTE(ESRI)AND THE CITY OF RANCHO CUCAMONGA IN THE TOTAL AMOUNT OF$300,000 FOR A THREE(3)YEAR TERM BEGINNING FISCAL YEAR 2014/2015 THROUGH FISCAL YEAR 2016/2017 PAYABLE IN THREE ANNUAL INSTALLMENTS. JULY 2,2014 Key features of ELA include the following: • A lower cost per unit for licensed software • Substantially reduced administrative and procurement expenses • One-stop Maintenance on all ESRI software deployed under the agreement • Complete flexibility to deploy software products when and where needed in the organization • Annual subscription to the ESRI Developer Network • Free attendance at ESRI User Training Conferences • Authorized Caller Support • All departments, employees and contractors of the City are eligible to use ESRI software and services The estimated cost of the ELA is $300,000 and the payment terms are as follows: 2014/2015 $100,000.00 2015/2016 100,000.00 2016/2017 100,000.00 Total Cost $300,000.00 P142 STAFF REPORT ' k ENGINEERING SERVICES DEPARTMENT LJ Date: July 2, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jerry A. Dyer, Principal Civil Engineer Subject: APPROVAL OF AMENDMENT NO. 001 RENEWING THE PROFESSIONAL SERVICES AGREEMENTS WITH A FEE INCREASE FOR NINYO & MOORE (CO 13-132), LEIGHTON CONSULTING, INC. (CO 13-134) AND CONVERSE CONSULTANTS (CO 13-135) FOR PROVIDING ANNUAL SOILS AND MATERIALS TESTING SERVICES FOR FY 2014/2015, FOR PROPOSED CAPITAL IMPROVEMENT PROJECTS THROUGHOUT THE CITY, TO BE FUNDED FROM VARIOUS INDIVIDUAL PROJECT ACCOUNTS AS APPROVED IN THE FY 2014/2015 BUDGET RECOMMENDATION It is recommended that the City Council approve Amendment No. 001 renewing the Professional Services Agreements with Ninyo & Moore (CO 13-132), Leighton Consulting, Inc. (CO 13-134) and Converse Consultants (CO 13-135), the "Consultants" for providing annual soils and materials testing services for FY 2014/2015, for proposed capital improvement projects throughout the City, to be funded from various individual project accounts as approved in the FY 2014/2015 Budget, and authorize the Director of Engineering Services/City Engineer to sign the amendment. BACKGROUND/ANALYSIS The Consultants have provided soils & materials testing services for the City the past fiscal year and some for many years prior. The Consultants are currently operating under agreements that were approved by City Council in FY 2013/2014, with an option to renew annually up to an additional two years after mutual agreement of both parties, with this being the first renewal year. The Consultants, except Salem Engineering Group (CO 13-133), have indicated their willingness to continue providing services for fiscal year 2014/2015 with a fee increase of $2.00 per hour for the personnel, field technicians and inspectors, subject to the State of California Prevailing Wage Requirements. Individual capital improvement projects requiring soils & materials testing services will be awarded on a rotating basis between the consulting firms and upon consultant availability. However, because the consulting firms have other clients other than the City and may not be available from time to time, having multiple firms under contract allows the City flexibility in awarding services. Services will be on a time and materials basis in accordance with the schedule of fees and type of project. Because each individual project testing requirement and cost will vary dependent on the work required, a proposal will be requested from the consultant along with an estimated cost. At that time a requisition will be processed for the services using the account number(s) for the individual project. The total cost for soils and material testing services for each individual project will not exceed the budgeted amount, unless authorized by the City Council. P143 CITY COUNCIL STAFF REPORT- RENEWAL OF PROFESSIONAL SERVICES AGREEMENTS July 2, 2014 Page 2 Respe submitted, • Mark A. Steuer \' Director of Engineering Services/City Engineer MAS/JAD:Is P144 STAFF REPORT •y ENGINEERING SERVICES DEPARTMENT ti RANCHO Date: July 2, 2014 CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Subject: APPROVAL TO AUTHORIZE THE ADVERTISING OF THE "NOTICE INVITING BIDS" FOR THE 19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET TO BE FUNDED FROM GAS TAX RT7360 AND MEASURE I FUNDS RECOMMENDATION It is recommended that the City Council approve specifications for the construction of 19'h Street Pavement Rehabilitation from Haven Avenue to West City Limit and Hellman Avenue from Base Line Road to 19'h Street, and approve the attached resolution authorizing the City Clerk to advertise the "Notice Inviting Bids". BACKGROUND/ANALYSIS The scope of work consists of, but not limited to cold milling, crack sealing, pavement overlay, adjusting existing manholes and valves to new grade, traffic loops replacement or installation of traffic signal video detection and striping. The project will be funded from Gas Tax RT7360 and Measure I Funds, Account Nos. 11743035650/1816174-0, 11773035650/1836177-0 and 11763035650/1836176-0. Staff has determined that the project is categorically exempt per Article 19, Section 15301(c) of the CEQA guidelines. The Engineer's estimate is $1,700,000. Legal advertising is scheduled for July 8, 2014 and July 15, 2014, with bid opening at 2:00 p.m. on Tuesday, July 22, 2014, unless extended by addendum. Respectfully submitted, Mark A.-Breuer Director of Engineering Services/City Engineer MAS/RMD:Is Attachment Pi_4� tt J w Z ix a HILLSIDE RD. (' �P��fY . < _ a WILSON A , > J cx yy0 u, w a < w ABANYANST. m /�ir 6-9 LEMON AVE. m LEMON AVE ~ II 4 IX HIGHLAND AVE. HIGHLAND AVE -- = I�I���a [210 3 i��1 I.L.. .... 11�/ r.m���v w No-�.�a��w��c.����ac��-s_'- �aa. ate.�.�.•\ I'NTSI 7 • 2�MwaI��.LNa a m "xAw• '�oa"k%'�vS.aM �aaw it■ll.2�� �=caaat�:�aatw:t�u�•tiaaati auu w�ao aav ¢ 19th ST. O- w kg'. < MON 4 VISTA ST. � � ST. a It i� 8 N.T.S. o , kt PI t 0 1 0 6 N 3N 9�o m `� w UPLAND 2G, BAS NE AVE I A I BAS: LINE / 0 0 4 PROJECT e /Q- z w /QQ- a < a ���P / S CHURCH ST. I / LOCATION 5/ m I _ K HILL oyS"4� J SAN BERNARDI 0 RD a z Lu �F� >?' / FOOTHILL III W Q HALL& r tl :VON S� koo § 0 0 CAL WAR O CIVIC o a b o ` m CE LA CD Q = r _CC a a Nil < U 0 , 2 FERRON =® -J w_ I I I I I I ' I I _ I MAIN tl 1 11 8th STREET II II II II Lull . :II (// CITY OF RANCHO CUCAMONGA tt.Pr 19th Ave. Pavement Reha ain't tion (Haven Ave. to 1PCL) Alt" 7,740/0117/a Hellman Avenue (Baseline Rd. to 19th St.) N.T.3. P146 RESOLUTION NO. 14-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE "19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET", IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS WHEREAS, it is the intention of the City of Rancho Cucamonga to construct certain improvements in the City of Rancho Cucamonga. WHEREAS, the City of Rancho Cucamonga has prepared specifications for the construction of certain improvements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES, that the specifications presented by the City of Rancho Cucamonga be and are hereby approved as the plans and specifications for the "19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET". BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be substantially in the following words and figures, to wit: "NOTICE INVITING SEALED BIDS OR PROPOSALS" i Pursuant to a Resolution of the Council of the City of Rancho Cucamonga, San Bernardino County, California, directing this notice, NOTICE IS HEREBY GIVEN that said City of Rancho Cucamonga will receive at the Office of the City Clerk in the offices of the City of Rancho Cucamonga, on or before the hour of 2:00 p.m. on Tuesday, July 22, 2014, sealed bids or proposals for the " 19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET' in said City. Bids will be publicly opened and read in the office of the City Clerk, 10500 Civic Center Drive, Rancho Cucamonga, California 91730. Bids must be made on a form provided for the purpose, addressed to the City of Rancho Cucamonga, California, marked, "19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET". Resolution No. 14-109 - Page 1 of 4 P147 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the office of the City Clerk of the City of Rancho Cucamonga, 10500 Civic Center Drive, Rancho Cucamonga, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. Pursuant to provisions of Labor Code Section 1775, the Contractor shall forfeit, as penalty to the City of Rancho Cucamonga, not more than two hundred dollars ($200.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticable occupation to apply to the joint apprenticeship committee nearest the site of the public work's project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request of certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Resolution No. 14-109 — Page 2 of 4 P148 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Rancho Cucamonga, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Labor Code Section 1773.1. The bidder must submit with his proposal, cash, cashier's check, certified check, or bidder's bond, payable to the City of Rancho Cucamonga for an amount equal to at least 10% of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashiers' check, certified check, or bond shall become the property of the City of Rancho Cucamonga. If the City of Rancho Cucamonga awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Rancho Cucamonga to the difference between the low bid and the second lowest bid, and the surplus, if any shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be 100% of the contract price thereof, and an additional bond in an amount equal to 100% of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Rancho Cucamonga for the construction of said work. Contractor shall possess any and all contractor licenses, in form and class as required by any and all applicable laws with respect to any and all of the work to be performed under this contract; Including but not limited to a Class"A" License(General Engineering Contractor) License or Class "C-12" License in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et. seq.) and rules and regulation adopted pursuant thereto. The Contractor, pursuant to the "California Business and Professions Code," Section 7028.15, shall indicate his or her State License Number on the bid, together with the expiration date, and be signed by the Contractor declaring, under penalty of perjury, that the information being provided is true and correct. Resolution No. 14-109— Page 3 of 4 P149 The work is to be done in accordance with the profiles, plans, and specifications of the City of Rancho Cucamonga on file in the Office of the City Clerk at 10500 Civic Center Drive, Rancho Cucamonga, California. In an effort to go green and paperless, digital copies of the plans, specifications, and bid proposal, including any future addenda or revisions to the bid documents, are available by going to www.ciplist.com and signing up, by going to Member Login or Member Signup (it's free), then choose California, then scroll down to San Bernardino County and click on Browse Cities, then scroll down to Rancho Cucamonga and click on City Projects, then click on the Project of interest under the Title and follow directions for download. Note, copies of the plans, specifications, bid proposal, addendums and revisions will not be provided, digital copies must be downloaded from the above website then printed. Prospective bidders must register for an account on www.ciplist.com to be included on the prospective bidder's list(s) and to receive email updates of any addenda or revisions to the bid documents. Be advised that the information contained on this site may change over time and without notice to prospective bidders or registered users. While effort is made to keep information current and accurate and to notify registered prospective bidders of any changes to the bid documents, it is the responsibility of each prospective bidder to register with www.ciplist.com and to check this website on a DAILY basis through the close of bids for any applicable addenda or updates. No proposal will be considered from a Contractor to whom a proposal form has not been issued by the City of Rancho Cucamonga to registered prospective bidders from www.ciplist.com. The successful bidder will be required to enter into a contract satisfactory to the City of Rancho Cucamonga. In accordance with the requirements of Section 9-3.2 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Rancho Cucamonga, reserves the right to reject any or all bids. Questions regarding this Notice Inviting Bids for "19TH STREET PAVEMENT REHABILITATION FROM HAVEN AVENUE TO WEST CITY LIMIT AND HELLMAN AVENUE FROM BASE LINE ROAD TO 19TH STREET" may be directed to: ROMEO DAVID, ASSOCIATE ENGINEER & PROJECT MANAGER 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 (909) 477-2740, ext. 4070 ADVERTISE ON: July 8, 2014 and July 15, 2014 Resolution No. 14-109 — Page 4 of 4 P150 STAFF REPORT ENGINEERING SERVICES DEPARTMENT !At Date: July 2, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Romeo M. David, Associate Engineer Shelley Hayes, Assistant Engineer Subject: ACCEPT THE SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET, CONTRACT NO. 14-011 AS COMPLETE, RELEASE THE BONDS, ACCEPT A MAINTENANCE BOND, AUTHORIZE THE CITY ENGINEER TO FILE A NOTICE OF COMPLETION AND APPROVE THE FINAL CONTRACT AMOUNT OF $152,853.5 RECOMMENDATION It is recommended that the City Council accept the Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street, Contract No. 14-011, as complete, authorize the City Engineer to file a Notice of Completion, release the Faithful Performance Bond, accept a Maintenance Bond, authorize the release of the Labor and Materials Bond in the amount of $133,230.00 six months after the recordation of said notice if no claims have been received and authorize the release of the retention in the amount of $7,642.68, thirty-five days after acceptance. Also approve the final contract amount of$152,853.50. BACKGROUND/ANALYSIS The subject project has been completed in accordance with the approved plans and specifications and to the satisfaction of the City Engineer. The Sidewalk Improvements at 9th Street from Hellman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street scope of work consisted of clearing and grubbing, installation of new curb and gutter, sidewalks, driveway approach, handicap ramps, tree removals and paving. Pertinent information of the project is as follows: > Budgeted Amount: $303,600.00 > Account Numbers: 1234303-5650/1856234-0, 1198303-5650/1856198-0 > City Council Approval to Advertise: November 20, 2013 > Publish dates for local paper: November 26, 2013 and December 3, 2013 > Bid Opening: December 10, 2013 > Contract Award Date: January 15, 2014 > Low Bidder: Golden State Constructors Inc. > Contract Amount: $133,230.00 > Contingency: $13,323.00 • Final Contract Amount: $152,853.50 > Difference in Contract Amount: $19,623.50 (14.73%) P151 CITY COUNCIL STAFF REPORT -ACCEPT 9TH STREET-BAKER SIDEWALK IMPROVEMENTS Page 2 July 2, 2014 The net increase in the total cost of the project is a result of two Contract Change Orders, including the Balancing Statement. The notable changes that were significant to the increase of the Contract amount were additional drive approach square footage and curb and gutter linear footage that originally bid; and installation of retaining curb with irrigation system changes at the residence of 8714 9th Street. The Balancing Statement accounted for these quantity changes and other minor increases and decreases in the bid quantities. Respectfully submitted, Mark A. euer Director of Engineering Services/City Engineer MAS/RMD/SH:Is Attachment P152 ii AlNONam_ ' 411IMINIR A HILLSIDE RD. 1 p 1 _-\ IF 7 Wi ______ I — VILSCN AVE. .._I._. .0 ill t5i I BANYAN ST. > �� 4 LENIN AVE. j( 1 I LEMDNJIAVE I AA J .HIGHLAND AVE.__ IT HIGHLAND AVE �__� _ � - I� l ,0/i� .,.�. i� i z,��� IrT vICTORIryI filth ST. I --- i VAR f\- Kiln VISTA ST. ST. <i rill UPLAND >Al I c7 ~ .. . EAIRT 1p BASELINE VE I K_. -..-,' III r < P%VY ,41,64A a V t II > a SR CHURCH ST. K j1 i _ i L p __---. Mll A� SAN BCRNARDI RD ----.... t. �'q �'— te r §- . FOOTHILL BLVD.l 6ti 4 64/-C-711 111 131 1214 .1,_I 1 I . i l ARROV ROUTE �„ � JERSEY BLVD. i 1 �1. J Bt TRACT , W < tai 7th STREET ,� 6th , STREET �� ll J N III • PROJECT i *s I 15 tlI 4th STREET LOCATION u \\ A"° ONTARIO `� I-10 FREEWAY CITY OF RANCHO CUCAMONGA � 11 X4,44"W .,,,, 9TH ST. (SPUR TO HELLMAN AVE.) & :.rp •r BAKER AVE. (8TH ST. TO 9TH ST.) ■ •t. N.T.L P153 RESOLUTION NO. 14-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING THE SIDEWALK IMPROVEMENTS AT 9TH STREET FROM HELLMAN AVENUE TO OLD SPUR TRACK AND BAKER AVENUE FROM 8TH STREET TO 9TH STREET, CONTRACT NO. 14-011 AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE WORK WHEREAS, Sidewalk Improvements at 9th Street from Heilman Avenue to Old Spur Track and Baker Avenue from 8th Street to 9th Street, Contract No. 14-011, has been completed to the satisfaction of the City Engineer; and WHEREAS, a Notice of Completion is required to be filed, certifying the work complete. NOW, THEREFORE, the CITY COUNCIL of the City of Rancho Cucamonga hereby resolves that the work is hereby accepted and the City Engineer is authorized to sign and file a Notice of Completion with the County Recorder of San Bernardino County. Resolution No. 14-110 - Page 1 of 1 P154 C-4 STAFF REPORT ' h ENGINEERING SERVICES DEPARTMENT LJ Date: July 2, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Walt Stickney, Associate Engineer Subject: APPROVAL OF AN AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS WITH INTEX PROPERTIES INLAND EMPIRE CORP. FOR THE ACQUISITION OF RIGHT OF WAY LOCATED AT 5747 EAST AVENUE IN THE CITY OF RANCHO CUCAMONGA (APN 0225-131-21) NEEDED FOR THE WILSON AVENUE EXTENSION AND REHABILITATION PROJECT AND THE APPROVAL OF AN APPROPRIATION OF $4,300 TO ACCOUNT NO. 11243035650/1515124-0 FROM TRANSPORTATION FUND BALANCE RECOMMENDATION It is recommended that the City Council approve the attached Agreement for Acquisition of Real Property and Joint Escrow Instructions with Intex Properties Inland Empire Corp. ("Intex") and authorize the City Manager to sign the agreement on behalf of the City, and to approve an appropriation of$4,300 to account no. 11243035650/1515124-0. BACKGROUND/ANALYSIS On or about February 5, 2014, City Council approved the appraisal prepared by Riggs and Riggs, Inc. for the acquisition of right of way from the property located at 5747 East Avenue, which is needed as part of the Wilson Avenue Extension and Rehabilitation Project ("Project.") The Project requires the acquisition of a temporary construction easement for a term of one year consisting of 7,884 square feet along of the northern boundary of the future Wilson Avenue extension. At that time, Council also authorized staff and the City Attorney's office to proceed with negotiations with the property owners to acquire the needed property rights. Staff tendered an offer to Mr. Jeffrey Pierson, a representative of Intex, on February 26, 2014 by mail in the amount of$4,300.00, the estimated just compensation as outlined in the approved appraisal. On March 3, 2014, Mr. Pierson, on behalf of Intex, advised the City in writing that Intex accepted the City's offer of$4,300.00. Approval of the attached Agreement for Acquisition of Real Property and Joint Escrow Instructions will ratify the agreement to purchase the necessary right of way and allow staff to proceed with opening escrow and completing the purchase of the property interests for the Project. Funds are available in Account No. 11243035650/1515124-0 for the purchase of the subject right of way. The agreement has been reviewed and approved as to form by the City Attorney's office. P155 CITY COUNCIL STAFF REPORT- PURCHASE AND SALE AGREEMENT (INTEX) July 2, 2014 Page 2 Respectfully submitted,M, IA M.a' .�x+.i n S ice, y Engineer MAS/WS:Is Attachments: Agreement for Acquisition of Real Property and Joint Escrow Instructions Vicinity Map P156 • ' wusi eao .usme ao wisaxn I I ® I _ u1IS .— IJr ■. ���a.._� ��as>_�llll� \} ■ 5:■ Su cr: Imigarpotisi ■4t.s !I■ g-a= M ' 71x5 71ST , _-J Irks ..x,T p Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. al ¢I I 3; I WI j WI ON AV SON AV I / \'h,/� Ed I I // I BANYAN!ST 1 w -- } ai _>1 1210 F 1210-ct6r�-_—Ti 0. wI WVICTORIA Vicinity Map Wilson Ave. Extension from East Ave. to Wardman/Bullock Rd. P157 STAFF REPORT y'`'F' ENGINEERING SERVICES DEPARTMENT LJ RANCHO DATE: July 2, 2014 CUCAMONGA TO: Mayor and Members of the City Council John R. Gillison, City Manager FROM: Mark A. Steuer, Director of Engineering Services/City Engineer BY: Carlo Cambare, Engineering Technician SUBJECT: RECOMMENDATION TO QUITCLAIM VEHICULAR ACCESS RIGHTS FOR LOT 15 OF TRACT MAP 9324, ALONG CARNELIAN STREET LOCATED ON THE WEST SIDE OF CARNELIAN STREET SOUTH OF HILLSIDE ROAD—APN 1061-671-28. RELATED FILE: DRC2014-000030. RECOMMENDATION Staff recommends that the City Council approve the quitclaims of vehicular access rights for lot 15 along Carnelian Avenue within Tract 9324 located on the west side of Carnelian Avenue south of Hillside Road and adopt the following Resolution. BACKGROUND/ANALYSIS A resident at 8691 Dresden Court submitted an application for a second drive approach on the west side of Carnelian Street south of Hillside Road. Upon review of application, it was discovered that the recorded Tract Map 9324, shows non-vehicular access on the west side of Carnelian Street where the proposed approach is to be located. Vehicular access is allowed on the east side of Carnelian Street. The Subdivision map dedicates vehicular access rights to the City. The dedication of vehicular access rights to the City means anyone requesting a new drive approach would have to apply for a quitclaim of those rights to the City Council. The Traffic Engineering Division reviewed and recommends a drive approach at this location with conditions to vacate said access restriction. Because the residences currently have access to their property, the quitclaiming of this segment of vehicular access rights on Carnelian Street will not increase vehicular traffic on Carnelian Street. Respectfully submitted, Mark A. Steuer Director of Engineering Services/City Engineer MAS:CC/rlf Attachments: Exhibit "A" — Legal Description P158 Vicinity Map -8691 Dresden Ct ...i [ -rut tft.,. „,,, ' ' I 1 ,, Jr), .__ ,..,‘ k _ . • I. A '...t: -7,./1 '---4. - . ' 1 4• ;U 2 F id�R o 101116L �d AMU :1: 0 1•■•• 41*I1 .- r--1 L , . , — c:5 . . . , . Ir‘!•-•' 'T,' _, ...• \,. A - ,Raw' .t:-0.,s_ _ a:3,.._F 1 8691 Dresden Ct - 1 0 - \:._ 4 \ \,\ 4.to ,f,'- ,, 41 w71 ,. . . ilk: , ci . , 7 .\_. . .. .i. .....)—.7_,,, it e ',-,..v.,_ i. Y . + ,y ;III_ ��4,\:0.:N.14: ci-4-----1-__ wet 1 -. —--1.- ItEr', ft 0 4104,.,--4- _-fb. • 4_ .is r. � � {�. ' r t o ,- a i i ,iii. ,.4s, _ CIO- a: § 4111J1;,. 4h,,, -:II ,4,I4 $ , jr, --.4 1 C sk .. °•:c Tweet d■iar i -�ahtwood■D,r�r �. d .... - .ion-, ..aLa- P159 RESOLUTION NO. 14-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, FINDING THAT SAID ACCESS RIGHTS MORE PARTICULARLY DESCRIBED HEREIN, TO BE UNNECCESSARY AND RESTRICTIVE, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THAT CERTAIN DEED, A COPY OF WHICH IS ATTACHED HERETO, AND TO CAUSE THE SAME TO BE RECORDED WHEREAS, the vehicular access restrictions governing lot 15 along Carnelian Avenue within Tract Map 9324 located on the west side of Carnelian Avenue south of Hillside Road. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rancho Cucamonga as follows: SECTION 1: That the City Council of the City of Rancho Cucamonga hereby quitclaims vehicular access restrictions applicable to lot 15 along Carnelian Avenue within Tract Map 9324 located on the west side of Carnelian Avenue south of Hillside Road, on file in the office of the City Clerk of the City of Rancho Cucamonga, which has been further described in a legal description which is attached hereto, and by reference made a part thereof. SECTION 2: That from and after the date the resolution is recorded, said vehicular access restriction no longer constitutes a public easement. SECTION 3: That the City Clerk shall cause a certified copy of this resolution to be recorded in the office of the County Recorder of San Bernardino County, California. SECTION 4: That the City Clerk shall certify to the passage and adoption of this resolution, and it shall thereupon take effect and be in force. Resolution No. 14-111 - Page 1 P160 EXHIBIT "A" Description of the Property For Tract Map # 9324 FOR QUITCLAIM OF VEHICULAR ACCESS RIGHTS The following legal description of the described real property in the City of Rancho Cucamonga, County of San Bernardino, State of California is: LOT 15 OF TRACT 9324 AS PER MAP RECORDED IN BOOK 139, PAGES 81 THRU 83 OF MAPS, RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA. ALONG THE ENTIRE EASTERLY PROPERTY LINES ADJACENT TO CARNELIAN AVENUE OF SAID LOT 15 OF SAID MAP. THE ABOVE DESCRIBED PARCEL IS SHOWN ON EXHIBIT"B" ATTACHED HEREWITH AND BY THIS REFERENCE MADE A PART HEREOF. EXHIBIT "A' P161 STAFF REPORT ENGINEERING DEPARTMENT ��� Date: July 2, 2014 RANCHO To: Mayor and Members of the City Council CUCAMONGA John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Willie Valbuena, Assistant Engineer Subject: APPROVAL OF FINAL MAP AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 18904, LOCATED AT THE SOUTHWEST CORNER OF LAUREL STREET AND RED OAK AVENUE, SUBMITTED BY RC LAUREL PROPERTIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Final Map and Monumentation Cash Deposit for Parcel Map 18904 and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 18904, located at the southwest corner of Laurel Street and Red Oak Avenue, within the Industrial Park Development District, was approved by the Planning Commission on July 24, 2013. This project is for the subdivision of an existing office building that is part of a large office complex into twelve (12) individual condominium units. The Developer, RC Laurel Properties, a California Limited Liability Company, is submitting a Monumentation Cash Deposit to guarantee the installation of the monuments in the following amount: Monumentation Cash Deposit: $ 2,673.00 Copies of the Monumentation Cash Deposit are available in the City Clerk's Office. Respectfully submitted, •. ,may Mark A. Steuer Director of Engineering Services/City Engineer MAS/WAV:rlf P162 City of Rancho Cucamonga Engineering Division Vicinity Map ---,,al 0411 _ _ - - - - - - m == _ I J, 353.4E 405.31 128•42oe 100.27 t I Par. 1 1 :Par 4'ar. 'Par9.' `Par32..79, \ ,f-' ✓_4 90 217.18 545.6 Par. 2 �' 287.29 21 bs ''✓Par. 1125 51:- 14 m Par.3 to I= tl d 12 tnV3 3 I, ,,, Par 1 ry 0L Par. 3 I L1 = \%�Par. 2 184.14 I_ a3 °m 50.4 i6A 6 265..4 L31FC° aC, 'T ' °.4ag AC. " (3.313 AC.) t2 16 ac.):: ,4.4 ••, 2...4 y 1.644 Ar.IQ . 1 .644 AC. 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Y 422.79 rein ' a9 `e1 ,o6. al ,.�. • 90\%t- 3 5 4 - - - \ 6 Af�e 1.97140,, ^ / , p 1 72.02 184.83 1°1•y" ✓ / l ��,3 ., P 1 Par is \ �.,'()1e 1. - Par. 3 1� 2'1.6>' .:'.• ' l O6 A z r : 04 Q 1� 9 %� o ms`s 19 2 \ \I' / ' ar.2 •ar� � t 20.8.1 AC. � 17 6 1 j. / m�' i �_ 4r°Pnr S/TE N 4 W &"- E r S Item: /PAR IlAP/8901 Title: VAC/N/77° MAP P163 RESOLUTION NO. 14-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP AND MONUMENTATION CASH DEPOSIT FOR PARCEL MAP 18904 WHEREAS, Tentative Parcel Map 18904, submitted by RC Laurel Properties, LLC, a California Limited Liability Company and consisting of a subdivision of an existing office building that is part of a large office complex into twelve (12) individual condominium units, located at the southwest corner of Laurel Street and Red Oak, within the Industrial Park Development District, was approved by the Planning Commission of the City of Rancho Cucamonga on July 24, 2013; and WHEREAS, Parcel Map 18904 is the final map of the division of land approved as shown on the Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the final parcel map by the City Council of said City have now been met by RC Laurel Properties, LLC, a California Limited Liability Company, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Parcel Map 18904 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. Resolution No. 14-112- Page 1 P164 STAFF REPORT '`'�' ENGINEERING SERVICES DEPARTMENT LJ RANCHO DATE: July 2, 2014 CUCAMONGA TO: Mayor and Members of the City Council John R. Gillison, City Manager FROM: Mark A. Steuer, Director of Engineering Services/City Engineer BY: Willie Valbuena, Assistant Engineer SUBJECT: APPROVAL OF FINAL MAP FOR PARCEL MAP 19481, LOCATED AT 10801 AND 10803 FOOTHILL BOULEVARD, NORTH SIDE OF LAUREL STREET, SUBMITTED BY PV RANCHO LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the final map for Parcel Map 19481 and authorizing the City Clerk to cause said map to record. BACKGROUND/ANALYSIS Tentative Parcel Map 19481, located at 10801 and 10803 Foothill Boulevard, north side of Laurel Street, in the Industrial Park Development District,was approved by the Planning Commission on October 9, 2013. This project is for a subdivision of one existing 2.27-acre parcel that is currently developed with two (2) buildings into thirteen (13) units for condominium purposes. Respectfully submitted, r r Director of Engineering Services/City Engineer MAS:WAV/rlf P165 City of Rancho Cucamonga Engineering Division Vicinity Map SITE t� I.?, 388.46 405.31 42,:r". ;80.27 r 1 Par. 1 I :Par :4 219.1 `; 232.76• \ Jj 90 217.18 545.6 Par. 2 .� i 187.29 s Par. 1125.51'' �� e e Par.3 r O 's 9 ar.2�Par.. 1 Par. 1i . ' '> Par. i 0P " Par. ,!I © ��-- ,�51 ¶64.14 iN 03 m a '.415AC. l�U.w X12 t� 14 '�" - 1 ar. aC. �� o �i -j 4.• Par. 2 O y 50 „ ��1.2`4 A I {3.311 AC.) :I .tc. A 2.044 A-.3 >>6 'eau 384.22 396.4 9.46 AC.545.6 187 34 1 Q ' c2 1.544 AC. t Par. 1 ,,,�9J 143.6 276.49 •^•'1'' sra 217.58-T355.02-----+m �' I N 1350. I i5 Par.1 ° -? A 1 ? 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' ., 's•`.,. 9g 382.87 r:. a3 P. 71 305 L a t A '' Par.3s'.+ / '#3d'S .+� n �� 3a � 1Pc 95 •51 ( J I 489.61 J Oyol.^, u , `n° %.�i 3.5 A.l. °,`F�,,' P111 P�0 y� 1-1-''' 252 44r.o, 'e`er- 1, 1 A� °e. 08 6.61 AC. ,,�01 m 5 � �C f - 7 b I.I.A A. '•� 137 �. - _1504. 1 PMEM \ °,1 co 0?. ,.ti- , %%-6g Q �3 5 4 ; ,22.73 - - \ 1� w1. 1.971AC.- / ,` �____ Y '• �• 1`72.02 184.83 .. ' JJ ,t.".., p .M , S �1` P 1 ., \ ,:Parf 1 \1 m , .- �s' /1 �0 % .• Par. 3 �� ,' I -1.6a6C,`',•a +LJ1 QQ r1 4,• %c / .,�?7,> ., ,/a 1 u e 119 a \ / ar.2 'ar. \/ I 20.83 AC. \%.1.,,,, � �� 6 a� 11 \T W -s6...... E S Item: PARCEL MAP /948/. Title: V/C/N/T! NA P P166 RESOLUTION NO. 14-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING THE FINAL MAP OF PARCEL MAP 19481 WHEREAS, Tentative Parcel Map 19481, submitted by PV Rancho, LLC, a California Limited Liability Company and consisting of a subdivision of one existing 2.27-acre parcel that is currently developed with two (2) buildings into thirteen (13) units for condominium purposes, located at 10801 and 10803 Foothill Boulevard, north side of Laurel Street, within the Industrial Park Development District, was approved by the Planning Commission of the City of Rancho Cucamonga on October 9. 2013; and WHEREAS, Parcel Map 19481 is the final map of the division of land approved as shown on the Tentative Parcel Map; and WHEREAS, all the requirements established as prerequisite to approval of the final parcel map by the City Council of said City have now been met by PV Rancho, LLC, a California Limited Liability Company, as developer; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that said Parcel Map 19481 be and the same is hereby approved and the City Engineer is authorized to present same to the County Recorder to be filed for record. Resolution No. 14-113 — Page 1 P167 cig1,71 STAFF REPORT ENGINEERING SERVICES DEPARTMENT L;� J e Date: July 2, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Jason C. Welday, Traffic Engineers- Jarrod L. Alexander, Engineering Technician Subject: APPROVAL OF AMENDMENT NO. 06 RENEWING THE PROFESSIONAL SERVICES AGREEMENTS WITH A FEE INCREASE FOR ALL CITY MANAGEMENT SERVICES, INC. (CO#13-150) FOR PROFESSIONAL CROSSING GUARD SERVICES TO BE FUNDED FROM ACCOUNT NO. 10187015300 (CONTRACT SERVICES FY 2014-15) RECOMMENDATION It is recommended that the City Council approve Amendment No. 06, which renews the Professional Services Agreements for Professional Crossing Guard Services, (CO#13-150). The renewal will provide a fee increase, term of agreement adjustment and updated list of service locations. BACKGROUND/ANALYSIS The City has completed the fourth year of our annual "Professional Crossing Guard Services" contract with All City Management Services, Inc. The current contract was competitively bid in 2011 and provided for yearly extensions (for a maximum of 3 years) based on acceptable performance. This company has provided good service and in a timely manner. Also, staff is satisfied with the quality of their work. All-City Management Services, Inc. has indicated their willingness to continue providing services for fiscal year 2014/2015 with a fee increase of$0.94 per hour for personnel to compensate for a required State of California Prevailing Wage increase. This agreement will be reviewed again next year as the next mandated increase occurs. In regards to the term of agreement, All-City Management has been determined to be a Sole Source provider of the required services. As such, this contract is now eligible to be renewed up to seven (7) years from three (3) years. At this time, we would also recommend updating the list of crossing guard locations to show the currently agreed upon sites. Respectfully submitted, Mark ever Director of Engineering Services/City Engineer MAS/JCW/JLA P168 STAFF REPORT ' 0 ENGINEERING SERVICES DEPARTMENT L� Date July 2, 2014 RANCHO CUCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Mark A. Steuer, Director of Engineering Services/City Engineer By: Linda Ceballos, Environmental Programs Manager Subject: CONSIDERATION TO SCHEDULE A PUBLIC HEARING TO APPROVE REVISIONS TO THE RESIDENTIAL AND COMMERCIAL/INDUSTRIAL REFUSE AND RECYCLING RATES RECOMMENDATION It is recommended that the City Council schedule a public hearing to approve revisions to the existing residential and commercial/industrial refuse and recycling rates proposed by Burrtec Waste Industries during the regular City Council meeting on September 17, 2014. BACKGROUND/ANALYSIS The City's franchised waste hauler, Burrtec Waste Industries, is requesting an adjustment of both residential and commercial/industrial refuse and recycling collection rates. The proposed rate increase includes an adjustment for the Consumer Price Index increase to the service component, a pass through of any disposal/processing costs, and an adjustment in City fees based on the overall adjusted rate. It has been three years since the last increase in both residential and commercial rates. Staff examined the rates of neighboring communities. Both the overall rate, as well as the individual rate components (disposal/processing costs, hauler operational cost, and City fees) were reviewed and compared. The proposed adjustment for single family residential barrel service, if approved, would increase the rate by $0.60 per month. This represents a 2.74% increase from the current rate. The current monthly rate for single family residential barrel service is $21.88 and the proposed monthly rate is $22.48. City residents 60 years of age or older are eligible for the senior refuse and recycling rate. The proposed adjustment for senior single family service, if approved, would increase by $0.40 per month. This represents a 2.74% increase from the current rate. The current monthly rate for senior single family service is $14.66 and the proposed monthly rate is $15.06. Currently, the City of Rancho Cucamonga residential rate is among the lowest of the jurisdictions included in the rate survey. The single family residential rate includes once a week service for one 96-gallon refuse, one 64-gallon recycling, and one 96-gallon green waste container and up to four bulky item pick-ups per calendar year. Additionally, the City's rate for seniors is the lowest of the jurisdictions included in the survey. Many jurisdictions included in the survey adopted a variable rate structure for residents offering the ability to request different size containers at variable rates. The cities with variable rates do not offer a senior rate. P169 CITY COUNCIL STAFF REPORT-CONSIDERATION TO SCHEDULE A PUBLIC HEARING July 2, 2014 Page 2 The proposed adjustment for commercial and industrial refuse and recycling service, if approved, would result in an average increase for most commercial customers of 5.00%. The actual dollar amount increase will vary based on the bin size and pick-up frequency of each commercial customer. The current monthly service rate for a commercial/industrial customer with one three- yard refuse bin and one three-yard recycling bin serviced one time per week is $147.38, and the proposed monthly rate is $154.62. The Public Works Subcommittee reviewed the proposed rate adjustment requested by Burrtec Waste Industries on June 18, 2014, and directed staff to set a public hearing date and provide appropriate public notice. The procedures include: Action Date City Council Agenda Item — Recommendation to July 2, 2014 City Council Meeting schedule public hearing date for refuse and recycling service rate adjustment to be held at the City Council Meeting on September 17, 2014. Public Hearing Notice - Burrtec to mail out 45-day Mail public hearing notices by public hearing notification to rate payers. City to July 14, 2014. advertise Public Hearing in an advertisement in The Daily Bulletin. Newspaper advertisement on July 15, 2014. Hold public hearing. Regular City Council Meeting on September 17, 2014. Effective date for adjustment if approved by City January 1, 2015 Council. Respectfully submitted, Mark • . euer Director of Engineering Services/ City Engineer MS:LC/kl P170 STAFF REPORT y CITY MANAGER'S OFFICE �� J RANCHO Date: June 24;2014 CUCAMONGA To: Mayor and Members of the City Council President and Members of the Board of Directors John Gillison, City Manager From: Fabian Villenas, Principal Management Analyst By: Deborah Allen, Management Aide — Sustainability Subject: Authorization to execute a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG; Approve Resolution No. 14-114 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. RECOMMENDATION It is recommended that the. City Council authorize the execution of a Memorandum of Understanding for Phase II Joint Solar Procurement with SANBAG; Approve Resolution No. 14-114 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. BACKGROUND The City is a member agency of the San Bernardino Associated Governments (SANBAG), which is serving as the County's Council of Governments (COG), has undertaken a number of regional efforts to reduce greenhouse gas emissions in San Bernardino County. These include completing a regional greenhouse gas emissions inventory and implementing the popular'HERO residential energy efficiency financing program. In September 2012, SANBAG initiated the feasibility of conducting a countywide joint solar power procurement initiative and invited cities and other public agencies to participate. By participating in a joint procurement and taking advantage of economies of scale, the City will benefit from increased vendor competition, competitive pricing, reduced transaction costs and administrative time, competitive contract terms, standardized procurement documents, accelerated financing, and the co-benefits of a regional reduction in greenhouse gas emissions and enhanced local economic activity and job growth. As part of first phase of the Joint Solar Power Procurement project, SANBAG contracted with Newcomb, Anderson, and McCormick to conduct a solar feasibility study for each site submitted by the participating cities and agencies. City staff submitted six Rancho Cucamonga facilities as potential sites for the consultants to analyze. The study provided a feasibility analysis of these potential sites and assisted SANBAG and participating agencies in their discussion on whether to proceed with a joint procurement for each site. In October 2013, the solar feasibility analysis and P171 Amu() ) 1.:XE(a''17{.A MEMORANDUM OF JN1)IiRSI'.tNI)1N(; FOR PI 1 tS1'II JOINT SOLAR P,1GI'.2 PR()(a'RI MIiNT rrl I SANBAG;APPR( REtS()1.t'11C)N NO. 14-114 N)R'I'l Ili RE.I M[IiVILSI MliNT 11'c) TI Ili Cr11' N)1( MATH)(:OSl'S'111R()t'(1I 1"l'I11'.CALIFORNIA S'I'.1TI:wIl)I'.COM\ItINrl'IES I)I?vl I. )1'MI iNT FINANCING PR AND RIND 281 (FIRu?RIND). i t vN 124,2014 report was completed and distributed. The first phase of the Joint Solar Power Procurement project was paid almost entirely by SANBAG. The analysis results demonstrated that four (4) city facilities - Central Park, Metrolink station, and the Banyan and Day Creek fire stations would benefit from solar installation. These sites were beneficial based on the life cycle cost of the solar photovoltaic system, project cash flow, and ownership payback. The estimated payback for the selected sites range from 16 to 19 years, are estimated to save $2,961,665 over the life of the systems, and will reduce approximately 11,000 tons of carbon dioxide equivalent (CO2e) of greenhouse gas emissions. Below is the summary of the solar site portfolio recommendations and estimated costs, revenue, and carbon reduction over a 25-year period: Site Total Carbon Net Estimated Site Name Payback System Project Total Reduction Benefit (in Size Costs Revenue (tons years) (kW) CO2e) Central Park 16 782 ($3,486,102) $5,839,476 8,975 $2,353,374 RC Metrolink Station 16 72 ($406,507) $702,095 826 $295,588 Banyan Fire Station 19 76 161 $31,182 #175 ($79,043) $110,225 Day Creek Fire Station 16 84 #173 ($411,510) $693,031 993 $281,521 TOTALS 1014 ($4,383,162) $7,344,827 10,995 $2,961,665 The next phase in the joint solar power procurement process is to notify SANBAG which sites the City is interested in moving forward with and to enter into a Memorandum of Understanding. Newcomb, Anderson, and McCormick will continue to provide consulting services through this phase which includes the development of a Request for Proposals (RFP), preparation of the solar design for specifications and the procurement documents, reviewing vendor proposals, assistance with vendor negotiations, and providing construction management services for all the recommended solar sites. The consultant costs for cities to participate in the second phase of the project is $12,775 per site. The FY 2014-2015 Budget includes funding for the consulting costs for Central Park and the Banyan and Day Creek fire stations; however upon further review, staff is also recommending the Metrolink station be included as well. An appropriation of $12,775 from Fund 133 would need to be authorized for the addition of the Metrolink Station. SANBAG is working with the California Statewide Communities Development Authority (CSCDA) in order to provide the participating agencies with a financing option for the solar installations. CSCDA is a Joint Powers Authority, formed to help public agencies by serving as a conduit bond issuer and providing access to capital. This creates market access efficiency, reduced costs, and better interest rates. This program will provide a financing option for the joint procurement of renewable solar photovoltaic (PV) power for the participating agencies. The bonds issued to finance renewable solar facilities will be Lease Revenue Bonds issued through the California Statewide Communities Development Authority ("CSCDA"). The bonds will not be cross collateralized amongst participants. The cost effectiveness of bond insurance will be evaluated and each city will be assisted throughout P172 ALIT IORIZA'I'ION 9Y) EXECU'T'E A MEMORANDUM OF UNDERSTANDING FOR PI LASTS II JOINT SOLAR PAGE 3 PROcURENIENl'Wm!SANBAG;AI'I'ROVE R'SOLU'I'ION No. 14-114 FORTE REINIBURSD:MI?NT 1Y) TI IE CI'T'Y FOR RELATED(.OS'I'S'I'IIR000I I THE CALIFORNIA STATEWIDE COVIMUNIi 1ES DEVELOPMENT FINANCING PR AND FUND 281 (FlltB FUND). JUNE 24,2014 the process by well qualified consultants and CSCDA staff. Bond sale timing will be coordinated with the procurement of the solar installations. The CSCDA program does not preclude the City from pursuing its own financing options or paying cash. It is initially anticipated that Central Park and the Metrolink station will participate in the financing program while the two fire stations may not. The attached resolution allows the City to be reimbursed for the consultant's cost if we participate in the financing option and does not obligate the City to participate in the CSCDA program. Therefore, it is recommended the resolution be adopted as part of the Phase II Joint Solar Power Procurement project regardless of how the City ultimately decides to pay for the solar installations. CONCLUSION Staff recommends that the City Council authorize the execution of a Memorandum of Understanding for Phase II Joint Solar Procurement for the four (4) city facilities - Central Park, Metrolink station, and the Banyan and Day Creek fire stations; Approve Resolution No. 14-114 for the reimbursement to the City for related costs through the California Statewide Communities Development Financing Program; and authorize the appropriation of $12,775 from Fund 133 for the additional solar site. The Memorandum of Understanding and Resolution appears on the City Council and Fire Protection District agendas for approval. Respectfully Submitted, \ ) & )CXL�' v�� 1 r (. — Deborah Allen Fabian Villenas Management Aide — Sustainability Principal Management Analyst Attachments: Memorandum of Understanding for Joint Solar Power Procurement Phase II Resolution for Joint Solar Power Procurement Phase II P173 C 14132 MEMORANDUM OF UNDERSTANDING FOR PHASE II JOINT SOLAR POWER PROCUREMENT This Memorandum of Understanding ("MOU") is entered into by and among San Bernardino Associated Governments ("SANBAG") and the public entities whose executed signatures pages are attached to this MOU (collectively the "Participating Parties" and individually a "Participating Party"). SANBAG and the Participating Parties are referred to herein as "the Parties" and individually as a"Party". This MOU is nominally dated 2014, and is effective as of the date executed by SANBAG. RECITALS WHEREAS, the Parties desire to purchase either renewable energy or renewable energy generation equipment to provide energy for their respective operations; and WHEREAS, the Parties wish to take advantage of potential efficiencies when such purchases or • acquisitions are made in large volumes; and WHEREAS, the Participating Parties desire that SANBAG shall be the lead Party for issuing a solicitation to purchase renewable energy and renewable energy generation equipment (the "Solicitation"); and WHEREAS, the Solicitation would be for large volume purchases of renewable energy or renewable energy generation equipment through a regional, multi jurisdictional purchasing arrangement whereby project sites are aggregated into groups on the basis of type of technology, geographic location, and various risk and other financing related factors; and WHEREAS, large volume purchases likely result in more efficient procurement than would otherwise be available if individual jurisdictions independently purchased renewable energy or renewable energy generation equipment; and WHEREAS, the Parties acknowledge that the transaction costs associated with purchasing renewable energy and renewable energy generating equipment can be reduced when the Parties agree to the same terms and conditions incorporated within standardized template documents; and WHEREAS, SANBAG has engaged the engineering firm Newcomb Anderson McCormick ("Consultant") to perform an initial analysis of the Parties' potential renewable energy sites as well as a preliminary financial analysis of the cost to develop renewable energy from those sites whether by direct purchase of the equipment to generate the energy or through long-term purchase of the energy only; and 1 P174 WHEREAS, Consultant, as part of their original proposal to SANBAG and pursuant to SANBAG Contract No. C 12142, provided a set cost to perform Scope of Work for Phase II of the Joint Solar Power Procurement project on behalf of the Parties; and • WHEREAS, it is the intent and purpose of this MOU for Participating Parties to provide funding to SANBAG to procure services of Consultant to perform the Scope of Work for Phase 11 of the Joint Solar Power Procurement as identified in Attachment "A"; and WHEREAS, at the completion of the Solicitation process, subject to the approval of its Board, Council or applicable governing body, each Party may enter into power purchase, financing, and/or other agreements with selected vendors ("Vendors") substantially in the forms of the Template Documents to be prepared pursuant to Sections I.D. and I.E. of this MOU. NOW, THEREFORE, in consideration of their mutual promises and agreements, and subject to the terms, conditions and provisions hereinafter set forth, the Parties agree as follows: SECTION 1. ROLES AND RESPONSIBILITIES OF SANBAG A. SANBAG agrees to manage Contract No. C 12142, as may be amended from time to time, with Consultant to perform the Scope of Work for Phase II of the Joint Solar Power Procurement as described in Attachment "A", attached hereto and incorporated by this reference. SANBAG's Project Manager shall be responsible for review and approval of Consultant's invoices. B. SANBAG's Project Manager will have final approval of all Consultant deliverables; however, prior to final approval of a deliverable from the Consultant, SANBAG's Project Manager will consult with the designated staff from the Participating Parties. C. For purposes of this Agreement, SANBAG designates the following Project Manager for this project: Duane Baker Director of Management Services San Bernardino Associated Governments 1 170 West Third Street, 2nd Floor San Bernardino, CA 90012 (909) 884-8276 D. SANBAG with services of Consultant shall (i) prepare and issue the solicitation, and be the lead jurisdiction and point of contact for the bidders, (ii) create templates of transaction documents, which may include, without limitation, a direct acquisition agreement, a form of power purchase agreement, and a form of lease (the "Template Documents"), and (iii) timely coordinate and communicate with Participating Parties, as necessary throughout the procurement process through recommendation for award and negotiations with the bidders. 2 P175 E. SANBAG will consult with the Participating Parties with respect to the content of the Solicitation and the terms and conditions contained within the Template Documents, provided, however, that any comments.or concerns must be communicated to SANBAG within the allotted timeframe as provided by SANBAG, with such timeframe to afford a reasonable opportunity to respond. SECTION 2. ROLES AND RESPONSIBILITES OF THE PARTCIPATING PARTIES A. Each Participating Party has undertaken its own due diligence prior to entering into this MOU to determine the feasibility of renewable energy generation to be located at project sites and has designated on its signature page the number of sites at which the Participating Party desires to have . B. Each Party is responsible for meeting its individual legal, procedural and other requirements for the procurement of renewable energy or renewable energy generating equipment. C. Within 30 days of the Effective Date of this MOU, each Participating Party will designate a contact staff person for the project and notify SANBAG's Project Manager with contact information for that contact staff person. D. Upon conclusion of the Solicitation process, each Party may, subject to the approval of its Board, Council or applicable governing body, enter into binding agreements, substantially in the form of the Template Documents, with the selected Vendors, provided that each Party determines, to its satisfaction, that the Vendors are responsible, and comply with the Party's terms, conditions and requirements. The Parties may also negotiate with Vendors in order to conform the Template Documents with requirements of law, regulation and policy. SANBAG shall not be responsible for reference checks, performance, or for compliance with any agreement, regulations, laws or policies, except as to this MOU and any contracts between SANBAG and Vendors. Parties are not required to contract with any Vendor. E. Parties agree to participate in the Solicitation under the lead role of SANBAG and agree to work cooperatively and promptly with SANBAG throughout the Solicitation process. The Parties agree that time is of the essence; and failure of a Party to provide the required information in the requested format and within reasonable deadlines established by SANBAG may result in termination of that Party's participation in the Solicitation. F. The Parties agree that SANBAG will be the single point of contact for Vendors and necessary third parties throughout the Solicitation process, in order to avoid the potential for confusion. SANBAG agrees to provide the Participating Parties with all relevant information in a timely manner. G. Any Party may separately pursue its own solicitation of renewable energy and/or related facilities. 3 • P176 SECTION 3. PAYMENT A. Except as expressly provided herein, each Participating Party shall provide SANBAG $12,775 per site for the number of sites designated on such Participating Party's signature page ("Phase II Cost Share") within thirty (30) days after the Effective Date of this MOU. B. From the Phase II Cost Shares paid by the Participating Parties to SANBAG, SANBAG shall pay for all costs and expenses incurred by Consultant related to the Scope of Work described in Attachment "A". C. Except as expressly provided herein, if any funds paid in advance by a Party are unspent upon the completion or termination of this MOU, SANBAG shall return a proportionate share of such unspent funds to each Party determined by dividing the Party's Phase II Cost Share by the aggregate Parties' Phase II Cost Shares. SANBAG shall return such unspent funds within 30 days of the completion or termination of the MOU. SECTION 4. TERM The term of this MOU shall commence on the Effective Date and shall expire June 30, 2016; however, the provisions of Sections 6 and 10 shall survive termination or expiration of this MOU. SECTION 5. GOVERNING LAW AND VENUE The law governing this MOU shall be the State of California. In the event that suit shall be brought by any Party to this MOU, the Parties agree that venue shall be exclusively vested in the State's courts of the County of San Bernardino or if federal jurisdiction is appropriate, exclusively in the United States District Court, Central District of California, Riverside, California. SECTION 6. WARRANTY DISCLAIMER; LIABILITY; WAIVER A. No warranty, express or implied, is provided by any Party as to results or success of the Solicitation, this MOU, or any agreements ultimately entered into by the Parties. Each Party acknowledges that the others have not made, and are not making, any assurances, guaranties or promises with respect to the subject matter of this MOU and that each Party is ultimately responsible for conducting its own due diligence with respect to feasibility, pricing, technology, third parties and all other matters in any way related to the subject matter of this MOU. B. In no event shall any Party, nor its officers, agents, employees, or representatives be liable to another Party for any direct, indirect, incidental, special, exemplary, or 4 P177 consequential damages (including, but not limited to, procurement of substitute goods or services, loss of use, data, profits, or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way, directly or indirectly, from this MOU, participation in the Solicitation, or any agreement(s) between a Party and any third party, even if advised of the possibility of such damage. C. Each Party is responsible for negotiation, execution, administration of any contract with a Vendor or third party related to the subject matter of this MOU, and the agreements ultimately entered into by each Party shall not be cross-defaulted or cross-collateralized in any respect with the agreements entered into by any other Party to this MOU. D. No waiver by any Party to this MOU of any breach or violation of any term or condition of this MOU shall be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. SECTION 7. NOTICES Notices shall be deemed effective on the date delivered if delivered by personal service or nationally recognized overnight delivery service, or if mailed, three (3) days after deposit in the U.S. Postal Service mail. All notices and other communications required or permitted to be given under this MOU shall be in writing and shall be personally served, delivered by overnight service, or by mail, first class, certified or registered postage prepaid and return receipt requested, addressed to the respective Parties as follows: SANBAG 1170 W. 3rd Street, 2nd Floor San Bernardino, CA 92410 Attn: Duane Baker PARTICIPATING PARTIES ADDRESSES LISTED ON RESPECTIVE SIGNATURE PAGES SECTION 8. MISCELLANEOUS PROVISIONS A. If any term, condition or covenant of this MOU is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this MOU shall be valid and binding on the Parties. B. This MOU may be executed in counterparts and will be binding as executed, with number of sites stated and address provided. C. All changes or extensions to this MOU shall be in writing in the form of an amendment executed by all Parties. 5 P178 D. This MOU is entered into only for the benefit of the Parties executing this MOU and not for the benefit of any other individual, entity, or person. E. The recitals are true and correct and are incorporated into this MOU. SECTION 9. WITHDRAWAL/TERMINATION A. No Party may withdraw from or terminate this MOU during the period 30 days before the issuance of the Solicitation and the date that Vendor(s) have been selected. The date of the Solicitation will be pursuant to the schedule developed by SANBAG in collaboration with the Parties for such Solicitation. B. Withdrawal by any Party from this MOU shall not preclude remaining Parties from continuing the Solicitation contemplated under this MOU and from using the Template Documents created by any Party to this MOU, unless otherwise prohibited by law. C. Notice of withdrawal must be provided in writing to SANBAG. SECTION 10. INDEMNIFICATION In lieu of and notwithstanding the pro rata risk allocation that might otherwise be imposed on the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party that are in any way related to this MOU shall not be shared on a pro rata basis but, instead, the Parties agree that, pursuant to Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, employees, or agents, under or in connection with or arising out of any work, authority, or jurisdiction delegated to such Party under this MOU. No Party, nor any officer, board member, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of another Party hereto, its officers, board members, employees, or agents, under or in connection with or arising out of any work authority or jurisdiction delegated to such other Party under this MOU. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date. SAN BERNARDINO ASSOCIATED GOVERNMENTS BY: W.E. JAHN, PRESIDENT NO. OF SITES: SIGNATURES OF PARTICIPATING PARTIES ON FOLLOWING PAGES 6 P179 CITY OF RANCHO CUCAMONGA, CALIFORNIA BY: L. Dennis Michael, Mayor ADDRESS: 10500 Civic Center Drive Rancho Cucamonga, CA 91729 NO. OF SITES: Four (4) 7 P180 Attachment "A" Scope of Work 1) Prepare a final report for each site ultimately selected for further analysis and procurement by participating public agencies at conclusion of Phase I that includes the following: a) Total generation potential, given available space. b) Anticipated electrical and/or natural gas savings. c) •Potential CO, reductions. d) Minimum and maximum recommended installation capacity. e) Comparison of actual electricity consumption at the site to the optimized system size and output. t) Minimum and maximum recommended installation capacity, given expected energy usage. g) Any suggested tree trimming/removal for recommended capacities. h) Anticipated site specific challenges—especially potential CEQA concerns. i) Electrical and structural analysis to determine feasibility of connecting solar system to the building's electrical system, as well as whether or not the building's rooftop is structurally adequate to support the projected load in compliance with the Uniform Building Code. j) Compare the expected system output with the actual electricity consumption at the site to optimize system size for electricity generation, this should include a time of use load profile for the facility. k) Provide recommendations on any necessary upgrades to electrical transfer switches or other infrastructure needed for interconnection. 2) Assist SANBAG in drafting RFP conditions, system designs and specifications. 3) Assist SANBAG in drafting other procurement documents and agreements for use by each participating public agency. 4) Provide technical expertise throughout the procurement and assist in responding to vendor inquiries. 5) Assist SANBAG in evaluating proposals by providing technical analysis on technology, price and performance. 6) Assist with contract negotiations with vendor and assist with contract terms. Provide project management services for solar power installations including coordination between vendor and participating public agency and contract compliance. 8 P181 RESOLUTION NO. 14-114 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, AUTHORIZING REIMBURSEMENT TO CITY FOR COSTS RELATED TO SANBAG'S PHASE II JOINT SOLAR PROCUREMENT THROUGH ITS PARTICIPATION IN CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) FINANCING PROGRAM WHEREAS, City is a member agency of the San Bernardino Associated Governments (SANBAG) that serves as the County's Council of Governments (COG) and has undertaken a number of regional efforts to reduce greenhouse gas emissions in San Bernardino County; and WHEREAS, the City is participating in the Joint Solar Power Procurement project led by SANBAG for the opportunity to collectively purchase solar photovoltaic systems and receive competitive pricing by taking advantage of economies of scale; and WHEREAS, a Solar Feasibility Analysis and Report was completed and demonstrates that four City and Fire facilities - Central Park, Metrolink station, Banyan and Day Creek fire stations - would benefit with solar installation through the Joint Solar Power Procurement; and WHEREAS, SANBAG is working with the California Statewide Communities Development Authority (CSCDA) organization, in order to assist the City in financing the solar improvements; and WHEREAS, CSCDA is a Joint Powers Authority and was formed to help public agencies by serving as a conduit bond issuer and providing access to capital; and WHEREAS, the City (the "Borrower") has or may make certain expenditures in connection with Joint Solar Power Procurement (the "Project"), prior to the date of this Resolution, and the Borrower expects to make additional expenditures for the Project in the future; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, HEREBY RESOLVES that the Borrower intends to reimburse itself for all or a portion of such expenditures, to the extent permitted by law, with the proceeds of bonds or other obligations to be issued by a political subdivision or other governmental entity for the benefit of the Borrower (the "Bonds"). BE IT FURTHER RESOLVED, that the maximum principal amount of the Bonds expected to be issued for the project are $3,892,609.00 for the City and $490,553.00 for the Fire District. P182 STAFF REPORT PLANNING DEPARTMENT Lt Date: July 2, 2014 RANCHO C,UCAMONGA To: Mayor and Members of the City Council John R. Gillison, City Manager From: Candyce Burnett, Planning Manager By: Jennifer Nakamura, Associate Planner Subject: ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2014-00205 CITY OF RANCHO CUCAMONGA - A supplement to Development Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a Negative Declaration of the environmental impacts for consideration. RECOMMENDATION: The Planning Commission and Staff recommend the City Council take the following actions: 1. Adopt a Negative Declaration for Development Code Amendment DRC2014-00205; and 2. Approve Development Code Amendment DRC2014-00205. BACKGROUND: On July 18, 2012, the City Council, on the recommendation of the Planning Commission, adopted the City's updated Development Code. The updated Development Code became effective on September 4, 2012. At the City Council hearing, staff proposed to present Code updates on a regular basis to deal with issues that were discovered after the Code became effective. Since September 2012, staff has presented three Code amendments to address errors and update regulations. The changes proposed in this amendment are mostly procedural in nature. They would: (1) reinstate development standards that were unintentionally omitted; (2) correct technical errors; (3) streamline the development review process and (4) clarify existing regulations. Staff is recommending two changes to the development review process. Prior to being heard by the Planning Commission, certain projects may be initially reviewed by one or more of the following Committees: (1) Grading Review; (2) Design Review; (3) Technical Review and (4) Trails Advisory Committee. These Committees are designated to review projects with specific focus areas and provide recommendations to the Planning Commission. These committees were established many years ago when the City was in a high-growth mode. Currently the grading review is performed by staff in the initial review process and once a project is deemed complete, is scheduled for review by the Grading Committee. Staff determines that once the Grading Plan is deemed complete it is technically ready for Planning Commission review and action. Therefore the review by the Grading Committee is an unnecessary required step of the process. As the City moves towards infill development and redevelopment of underutilized properties, streamlining this process will continue to make the development review process more effective and efficient. Therefore staff is proposing the elimination of the Grading Review Committee. P183 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2014-00205 - CITY OF RANCHO CUCAMONGA JULY 2, 2014 Page 2 SUMMARY OF PROPOSED CHANGES: Staff recommends the changes to the Development Code summarized below. Attachment 1 of the Resolution prepared for the Commission's consideration includes the actual text changes to the Development Code. Typographic errors are not included in the summary of proposed changes, but are included in the body of Attachment 1. Article I Administration 1. Grading Review Committee. Amend Section 17.04.020 to remove the Grading Review Committee as a review authority. 2. Technical Review Committee. Amend Section 17.04.020 to add the Public Works Department representative to the Technical Review Committee. Article II Land Use and Development Procedures 3. Site Development Review. Amend Section 17.16.100 to revise the applicability requirements for projects subject to a Site Development Review. There was some ambiguity in the language that was making more small residential projects subject to this review than was originally intended. 4. Minor Design Review. Amend Section 17.16.130 to reorganize the residential projects versus the commercial projects that are subject to a Minor Design Review. This is a clarifying amendment to the text. 5. Large Family Day Care. Add Section 17.16.150 to include purpose, applicability, review, and noticing requirements for Large Family Day Care applications. These requirements previously did not exist. 6. Grading Review Committee. Amend Sections 17.16.130, 17.16.140 and 17.20.040 to remove the Grading Review Committee from review. Article III Zoning Districts, Allowed Uses, and Development Standards 7. New Allowed Use - Microbrewery. Amend allowed use regulations in Table 17.30.030-1 to add Microbrewery as a permitted use in the Industrial Park (IP) and General Industrial (GI) Districts. This is a new use added based on several inquiries received by staff for small scale microbrewery operations. These are designed to be primarily the manufacturing of beer consistent with other small or medium manufacturing uses currently allowed within those districts. On-site tasting rooms may be allowed with a Conditional Use Permit. 8. Allowed Use Descriptions. Amend Section 17.32.020 as follows: • Amend the definition of Bar/Nightclub to remove the references to brewpub or microbrewery and relocate those references to the definition of a restaurant, which is more consistent with their use. • Amend the definition of restaurant to correct a grammatical error and include brewpub and microbrewery with food service. P184 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2014-00205 - CITY OF RANCHO CUCAMONGA JULY 2, 2014 Page 3 • Add a definition for microbrewery as a manufacturing use. 9. Front Yard Setbacks. Amend Table 17.36.010-1 to reflect the front yard setback as an average setback that can vary by +/- 5 feet. This was unintentionally omitted from the Code. 10. Roof Mounted Air Conditioning Units. Amend Section 17.36.010 to allow for the replacement of existing roof mounted air conditioning units or the installation of new units out of public view. Article IV Site Development Provisions 11. Accessory Structures. Amend Table 17.42.040-1 as follows: • To remove the limitations for rear yard lot coverage for pools, spas, and pool accessories. • To limit the overall height of pool accessories (such as slides, diving boards, and grottos) to 8 feet. • To limit the lot coverage for decks and patios to 30% of the rear yard area. 12. Outdoor Display and Sales. Amend Section 17.60.030 B to clarify that a Conditional Use Permit is required for permanent outdoor display and sales greater than 10% of the gross floor area and that exemptions apply if all other Development Code requirements are met. 13. Water Budget. Amend Section 17.82.040 to correct an error in the Maximum Applied Water Allowance (MAWA) used to establish a water budget. Article V Specific Use Requirements 14. Temporary Uses. Amend Section 17.104.040 as follows: to eliminate a redundancy in the text relating to temporary outdoor displays and sales of merchandise. This is a duplication of a section elsewhere in the Code. • To eliminate a redundancy in the text relating to temporary outdoor displays and sales of merchandise. This is a duplication of a section elsewhere in the Code. • To allow retail parking lot and sidewalk sales greater than 19 days per calendar year with a Conditional Use Permit. This allows businesses with regional or national outdoor sales events (i.e. tent sales) to have increased flexibility in the number of sale days. Article VII Design Standards 15. Commercial, Office and Industrial Design. Amend Section 17.122.030 as follows: • Eliminate the design guideline regarding screening of parking areas. This is a development requirement elsewhere in the Code. • Eliminate the landscaping standards for size of trees. These development requirements are located elsewhere in the Code. In addition, any spelling, grammatical, and formatting errors that have been discovered since the publishing of the Development Code will be corrected. P185 CITY COUNCIL STAFF REPORT DEVELOPMENT CODE UPDATE DRC2014-00205 - CITY OF RANCHO CUCAMONGA JULY 2, 2014 Page 4 ENVIRONMENTAL ASSESSMENT: Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the project. This Development Code Amendment affects the City as a whole and does not impact any single development. Based on the findings contained in that Initial Study, City staff determined that there would be no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. NOTICE: Pursuant to Government Code Section 65090, this item was advertised 12 days in advance as a public hearing (1/8 page ad) in the Inland Valley Daily Bulletin newspaper. No individual notice to property owners was provided. Respectfully submitted, Candyce Bur ett Planning Manager CB:JN/Is Attachments: Exhibit A - Approved Planning Commission Minutes dated May 28, 2014 Exhibit B - Signed Planning Commission Resolution #14-15 Recommending Approval of Development Code Amendment DRC2014-00205 Draft Ordinance of Approval for Development Code Amendment DRC2014-00205 P186 HISTORIC PRESERVATION COMMISSION . 2-M AND PLANNING COMMISSION MINUTES RANCHO MAY 28, 2014 CUCAMONGA Page 3 Vice Chairman Fletcher said it is amazing and he is happy an. -ncouraged to see the progress and that they have so many people enthused abo e project. Commissioner Munoz thanked the folks that have .. ated time and services. He said you could all want one of these buildings forever . - until people donate, it can't really happen. He said it is great to see how it is comin: o fruition with all the community participation. Commissioner Oaxaca said w hey are doing is a real model for historic preservation. He said there is a new gen: -tion that is learning what it means and to appreciate the significance of the ol. 'oute 66. Chairman Ho , i yshell commended them for their leadership, work and the great report. She com . -nted on the big Teddy Bear and asked of its significance. Mr onzalez reported that a dedicated volunteer had the idea to place a visual reminder -ach week to keep the visual aspect of the gas station interesting. The report was received and filed. V. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual for each project. Please sign in after speaking. F. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT CODE AMENDMENT DRC2014- 00205 CITY OF RANCHO CUCAMONGA - A supplement to Development.Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures and correct prior errors and omissions. Staff has prepared a Negative Declaration of the environmental impacts for consideration. This item will be forwarded to the City Council for final action. Jennifer Nakamura, Associate Planner, presented the staff report and PowerPoint presentation (copy on file). It was noted that this item was carried forward from the last meeting and re-advertised because there was no quorum and therefore no action or formal continuance could be taken. Vice Chairman Fletcher asked where were microbreweries were previously allowed. He also asked about regulations regarding closeout sales, going out of business sales and related flags and banners. Ms. Nakamura said that it will be permitted by right but any tasting operations will require a Conditional Use Permit. She said previously they were a manufacturing use but did not • EXHIBIT A P187 w� HISTORIC PRESERVATION COMMISSION M' ii AND PLANNING COMMISSION MINUTES L•w. MAY 28, 2014 ANCeo Cj oc,vMoNCA Page 4 allow for tastings. She said they were primarily in Industrial Park and General Industrial zones. But those with a restaurant use are allowed all throughout our commercial zones. She said this is entirely a new use. With respect to the closeout signage, she said temporary signs are allowed 90 days in the calendar year and it is still limited to that— 1 sign per business. She said other remedies may occur in the future. Steven Flower, Assistant City Attorney said we cannot regulate them on content but if they falsely advertising, then it could be an unfair business practice and would be a separate cause of action someone could bring against them. Vice Chairman Fletcher asked for more regulations for this type of signage because of the appearance of it. Commissioner Munoz asked about the water budget. Ms. Nakamura said it relates to a state regulation from 2008. She noted there are 2 calculations and they primarily apply to new commercial and residential development. Chairman Howdyshell opened the public hearing and hearing none, closed the public hearing. Moved by Munoz, seconded by Oaxaca, carried 4-0-1, (Wimberly absent) to adopt the resolution 14-15 recommending approval of Development Code Amendment DRC2014- 00205 as presented by staff and to forward it and the environmental assessment to the City Council for final action. G. ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARC AP SUBTPM19505 - ROYAL FALCON INVESTMENT COMPANY, LLC - A re. .-st to subdivide a 0.29 acre parcel into two lots for a site located on the northeas orner of 24th Street and Center Avenue in the Low (L) Residential Development D . ict; APN: 0209-122-01. Related File: Variance DRC2014-00112. Staff has prepar-: a Negative Declaration of environmental impacts for consideration. H. ENVIRONMENTAL ASSESSME 'ND VARIANCE DRC2014-00112- ROYAL FALCON INVESTMENT COMPANY L - - A request for a variance to reduce the minimum net average lot size in conne- on with Tentative Parcel Map SUBTPM19505 located on the northeast corner of 2, Street and Center Avenue in the Low(L)Residential Development District -APN: 0 •'-122-01. Mayuko - ajima, Assistant Planner, gave the staff report and PowerPoint presentation (copy - file). Chairman Howdyshell opened the public hearing and hearing none, closed the public P188 RESOLUTION NO. 14-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE. A. Recitals. 1. The City of Rancho Cucamonga filed an application for Development Code Amendment DRC2014-00205 for a supplemental update to the City's Development Code found in Title 17 of the Rancho Cucamonga Municipal Code. 2. On May 28, 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on the application and concluded said hearing on that date. 3. All legal prerequisites prior to the adoption of this Resolution have occurred. B. Resolution. NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning Commission of the City of Rancho Cucamonga as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above-referenced public hearing on May 28, 2014, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The City Council adopted a comprehensive update to the City's Development Code that implements the policies of the General Plan, in July 2012. The new Development Code became effective on September 4, 2012. b. Based on feedback received since the effective date of the Development Code, the City prepared a set of amendments (the "Amendments"), which is included as Attachment A to this Resolution and is hereby incorporated by this reference as if set forth in full. c. Development Code Amendment DRC2014-00205 conforms to and does not conflict with the General Plan, including without limitation, the Land Use Element thereof, and will provide for development in a manner consistent with the General Plan. d. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the City staff prepared an Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. 1 EXHIBIT B P189 PLANNING COMMISSION RESOLUTION NO. 14-15 DEVELOPMENT CODE AMENDMENT DRC2014-00205 - CITY OF RANCHO CUCAMONGA May 28, 2014 Page 2 e. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. Based on these findings, the Planning Commission hereby recommends adoption of the Negative Declaration. 3. Based upon the findings and conclusions set forth in Paragraphs 1 and 2 above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment DRC2014-00205. APPROVED AND ADOPTED THIS 28TH DAY OF MAY 2014. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA BY: as hi 1/4 prances Howdyshell, Chairman ATTEST: - '/� w Candyce nett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 28th day of May 2014, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, HOWDYSHELL, MUNOZ, OAXACA NOES: COMMISSIONERS: NONE • ABSENT: COMMISSIONERS: WIMBERLY ABSTAIN: COMMISSIONERS: NONE 2 P190 Rancho Cucamonga Development Code Article I, Chapter 17.04 Chapter 17.04 Administrative Responsibility Sections: Section 17.04.010 Purpose 17.04-1 Section 17.04.020 Planning Agency 17.04-1 Section 17.04.010 Purpose The purpose of this Chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Planning Director, Planning Commission, City Council) for purposes of this Title. Section 17.04.020 Planning Agency California Government Code §65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the Title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A. Planning Director. The Planning Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows: 1. Application Process. Receive and review all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Development Review Committees, Planning Commission, Historic Preservation Commission, and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this Title. 3. Amendment. Initiate action for amendment of this Title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this Title. 4. Permit Issuance. Issue permits under this Title and certify that all such permits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to the administration of this Title with other agencies and City departments and provide information on the status of all development permits. 6. Authority. Serve as the administrative zoning body and exercise that authority set forth in Government Code §65900 et seq. 17.04 Attachment A 17.041 P191 Article I,Chapter 17.04 Rancho Cucamonga Development Code &B. Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director(or his or her designee). 13,C_Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering, Public Works and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements(such as streets,curbs,gutters), access to and from the public right-of-way and the project site, utilities, emergency access and circulation, fire hydrant locations, and landscaping in the public right-of-way. &D. Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. E. City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. 6-F_Planning Commission. Pursuant to California Government Code §65101, and as provided in Chapter 2.20,the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article II (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific Plans, prezoning, and other related planning studies. 17.04-2 P192 Rancho Cucamonga Development Code Article II, Chapter 17.16 Chapter 17.16 Planning Director Decisions Sections: Section 17.16.010 Purpose and Applicability 17.16-1 Section 17.16.020 Official Code Interpretations 17.16-1 Section 17.16.025 Director Determination Process (with Notice) 17.16-2 Section 17.16.030 Plan Check/Zoning Clearance 17.16-2 Section 17.16.040 Home Occupation Permit 17.16-3 Section 17.16.050 , Sign Permit 17.16-4 Section 17.16.060 Uniform Sign Program 17.16-4 Section 17.16.070 Temporary Use Permit 17.16-5 Section 17.16.080 Tree Removal Permit 17.16-6 Section 17.16.090 Similar Use Determination 17.16-10 Section 17.16.100 Site Development Review 17.16-11 Section 17.16.110 Minor Exceptions 17.16-13 Section 17.16.120 Conditional Use Permit 17.16-14 Section 17.16.130 Minor Design Review 17.16-15 Section 17.16.140 Hillside Development Review 17.16-18 Section 17.16.150 Reasonable Accommodation 17.16-23 Section 17.16.160 Large Family Day Care Permit 17.16-26 Section 17.16.010 Purpose and Applicability The purpose of this Section is to establish procedures for planning and zoning related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this Article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements and indicates whether the decision may be appealed. Section 17.16.020 Official Code Interpretations A. Purpose and Applicability. The Planning Director may issue official code interpretation pursuant to this Section when, in his or her opinion, the meaning or applicability of any provision of this Code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this Title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the Planning Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.The Planning Director may issue an official interpretation or refer the question to the Planning Commission for a determination. B. Review Process. 1. Official code interpretations shall be issued in writing and shall state the facts upon which the Planning Director relied to make the determination. 17.16-1 P193 Rancho Cucamonga Development Code Article II, Chapter 17.16 D. Findings. The Planning Director shall make a Similar Use Determination after finding all of the following. If the Planning Director does not make all of these findings, he/she shall not make the Similar Use Determination: 1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district. 2. The proposed use will be consistent with the purposes of the applicable zoning district. 3. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Development Code. E. Determinations. Determinations shall be made in writing and shall contain the facts that support the determination.The Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing,to the applicant and interested parties.The notice shall include: 1. A brief statement explaining the criteria and standards considered relevant to the decision. 2. A statement of the standards and facts relied upon in rendering the decision. 3. An explanation of appeal rights and appeal deadlines. Section 17.16.100 Site Development Review A. Purpose.The purpose of Site Development Review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity. B. Applicability. All applications for Site Development Review are required for residential, commercial, industrial, and institutional projects, which may or may not involve the issuance of a Building Permit for construction or reconstruction of a structure, which meets the following criteria: 1. Residential Projects. The following residential projects require Site Development Review: Modification to approved architectural designs and building configurations for multifamily development, which do not create greater bulk, scale, or change in the line of sight; i. Residential additions equal to or greater than fifty percent (50%)of the existing square footage. 17.16-11 P194 Article II, Chapter 17.16 Rancho Cucamonga Development Code ikiii. Architectural changes which do-not-change the basic form and theme; I iv. Exterior material or color changes which conflict with the original form and theme and which are not consistent and compatible with the original materials and colors; +v v. New construction, expansion, reconfiguration or significant reconstruction of driveways. v-vi_Installation of a satellite dish or antenna greater than twenty(20)square feet in surface area. 2. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Site Development Review: Changes to gross floor area of existing buildings or approved design plans which do not result in more than a 10 percent change; ii. New construction, expansion, reconfiguration or significant reconstruction of parking lots or driveways. Hi. Modification to approved architectural designs and building configurations,which do not create greater bulk, scale, or change in the line of sight. iv. Modifications to approved plans, which do not change the general location and layout of the site. v. The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is less than ten percent(10%)the gross floor area of the primary use. vi. The construction and/or placement of silos, antennas not regulated by Chapter 17.106, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment. vii. Grading alterations to approved plans that do not change the basic concept, increase slopes or building elevations or change the course of drainage. viii. Modification to existing landscaping or landscape plans in excess of five thousand (5,000) square feet. ix. Architectural changes which do not change the basic form and theme. x. Exterior material or color changes which do not conflict with the original form and theme and which are consistent and compatible with the original materials and colors. xi. Modifications to existing site features (e.g., trellis, pergola, water features). 17.16-12 P195 Rancho Cucamonga Development Code Article II, Chapter 17.16 approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). D. Findings. The Director shall approve, or approve with conditions, an application for a Conditional Use Permit after finding all of the following. If the Director does not make all of these findings, he/she shall deny the Conditional Use Permit: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. 2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. E. Conditions. In approving a Conditional Use Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.130 Minor Design Review A. Purpose. This Section establishes a Minor Design Review process for certain types of residential, commercial, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the General Plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. B. Applicability. Minor Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications: 1. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Minor Design Review: Vii. New construction on vacant property, where the buildings are less than ten thousand (10,000) square feet in area. Structural additions or new buildings which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000)square feet. 17.16-15 • P196 Article II, Chapter 17.16 Rancho Cucamonga Development Code ii. Reconstruction projects which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000)square feet. Projects involving a substantial change or intensification of land use such as the conversion of an existing building to a restaurant. so 2. Residential Projects. The following residential projects require Minor Design Review: Residential construction involving four(4) or less dwelling units. Projects involving a substantial change or intensification of land use such as the conversion of a residential structure to an office commercial use. t. C. Review Process. 1. An application for a Minor Design Review shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. 2. The Planning Director shall be the approving authority for Minor Design Reviews. The procedure for review and action shall be as provided in this Section. 3. All development proposals submitted pursuant to this Section may be reviewed by the following committees: (1) Design Review Committee—architecture and site planning; _ :•-••'• _: - -•'•• -- • -'•-ee; and (23) Technical Review Committee —compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. Upon acceptance of a complete application, projects subject to section 17.16.130 F 3 shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10)days prior to the meetings. 5. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan,design guidelines of the appropriate district, and any adopted architectural criteria for 17.16-16 P197 Rancho Cucamonga Development Code Article II, Chapter 17.16 specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. Hi. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. • 7-.6. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing,water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. D. Findings. The Planning Director, where authorized, shall make the following findings before approving a Minor Design Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 17.16-17 P198 Article II, Chapter 17.16 Rancho Cucamonga Development Code 4. 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. E. Conditions. In approving a Minor Design Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.140 Hillside Development Review A. Purpose. The Hillside Development Review process provides a mechanism to review development proposals in sensitive hillside areas,the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land. B. Applicability. All projects within the Hillside Overlay District and any properties with an eight percent(8%) slope or greater, including but not limited to: 1. Construction of one or more single-family homes. 2. Proposed lot development in conjunction with a Tentative Subdivision Map. 3. Proposed lot development in conjunction with a General Plan or Development Code Amendment. 4. Design Review Committee review ace-is required and ace-is advisory to the Planning Director. C. Exceptions. Projects, which are limited in scope, (e.g., regrading of yard areas, pool/spa construction, additions to existing structures, and/or construction of accessory structures which are less than nine hundred sixty [960] square feet) may apply for a Minor Design Review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall require a Hillside Design Review application. D. Application. An application for a Hillside Design Review shall be made on a form specified by the Planning Director and shall include, at minimum: 1. A natural features map,which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 2. A conceptual grading plan, which shall include the following items in addition to those required by the City's Submittal Requirement Checklist: ' A legend with appropriate symbols which should include, but not be- limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage. 17.16-18 P199 Rancho Cucamonga Development Code Article II, Chapter 17.16 H. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker,and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule: a. Natural slope of nineteen point nine percent (19.9%) or less requires two-foot(2')contours; b. Natural slope of twenty percent (20%) or greater requires five- foot(5')contours. 3. A conceptual drainage and flood control facilities map describing planned drainage improvements. 4. A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch (1")to one hundred feet(100')and a contour interval of not more than two feet (2') provided that the contour interval may be five feet (5') when the slope is more than twenty percent (20%). This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries. Delineate slope bands in the range of zero (0) up to five percent (5%),five percent(5%)up to ten percent(10%),ten percent(10%)up to fifteen percent (15%), fifteen percent (15%) up to twenty percent (20%), twenty percent (20%) up to twenty-five percent (25%), twenty-five percent (25%) up to thirty percent(30%), and thirty percent(30%)or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. 5. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent (8%) grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. 6. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three (3) slope profiles shall be included with the slope analysis. The slope profiles shall: Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. 17.16-19 P200 Article II, Chapter 17.16 Rancho Cucamonga Development Code ii. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. iii. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least one hundred fifty feet(150'). iv. The profiles shall be drawn along those locations of the project site where: a. The greatest alteration of existing topography is proposed; b. The most intense or bulky development is proposed; c. The site is most visible from surrounding land uses; and d. At all site boundaries illustrating maximum and minimum conditions. At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a forty-five (45) degree angle to the other slope profiles and existing contour lines. 7. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this Chapter. 8. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. 9. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces. 10. In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed,to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. . - .. 17.16-20 P201 Rancho Cucamonga Development Code Article II, Chapter 17.16 11. When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided. 12. The following items may be required if determined necessary by the 6fading Committee,,-Planning Director, or Planning Commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: A topographic model; ii. A line of sight or view analysis; Photographic renderings; iv. Any other illustrative technique determined necessary to aid in review of a project. 13. Exceptions to the filing requirements may be permitted by the Planning Director based on the size and scope of the project. E. Review Process. 1. The Planning Director shall be the approving authority for Hillside Development Reviews. The procedure for review and action shall be as provided in this Section. 2. . Scheduling for Review. Upon acceptance of a complete application, a project shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 3. All development proposals submitted pursuant to this Section may be reviewed by the Technical and-Design, and Grading Review committees: (1) Design Review Committee - architecture and site planning; and(23)Technical Review Committee-compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan,design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. • ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, 17.16-21 P202 Article II, Chapter 17.16 Rancho Cucamonga Development Code existing,or future developments,and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 6:5. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development, for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. F. Findings. The Planning Director, where authorized, shall make the following findings before approving a Hillside Development Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 4. 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. G. Conditions. In approving a Hillside Development Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings 17.16-22 • P203 Article II, Chapter 17.16 Rancho Cucamonga Development Code 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. L. Time Extension. The Planning Director may approve a single one (1) year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than thirty(30) days or more than ninety (90) days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. N. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code, or(2)the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 0. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this Title. P. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Section 17.16.160 Larne Family Day Care Permit A. Purpose. The requirement of a Large Family Day Care Permit ensures that lame family day cares in residential neighborhoods are compatible with the surrounding 17.16-26 P204 Rancho Cucamonga Development Code Article II, Chapter 17.16 neighborhood character. The Planning Director is authorized to approve, impose reasonable conditions upon such approval, or deny Large Family Day Care. B. Applicability. This Section applies to all Large Family Day Cares, as described in • Section 17.32 (Allowed Use Descriptions). C. Review Process.An application for a Large Family Day Care Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Director is the approving authority for Large Family Day Care Permits. However, the Planning Director may also refer a Large Family Day Care Permit to the Planning Commission for review and approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). Upon acceptance of a Large Family Day Care Permit application, the Planning Director or a designated representative shall review the request for compliance with all State and Local standards. D. Public Notice. The Planning Director shall, not less than ten (10) days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application pursuant to Subsection 17.16.025 (Director Determination Process). E. Findings. A Large Family Day Care Permit shall be granted only when the Planning Director determines that the proposed Large Family Day Care complies with all of the following findings: 1. The proposed home occupation is consistent with the General Plan, any applicable Specific Plan or Planned Community, and all applicable provisions of this Title; 2. The proposed Large Family Day Care is consistent with all applicable State and Local laws and ordinances; and 3. The establishment, maintenance. or operation of the Large Family Day Care applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. F. Conditions. In approving a Large Family Day Care Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16-27 P205 Rancho Cucamonga Development Code Article II, Chapter 17.20 Chapter 17.20 Planning Commission Decisions Sections: Section 17.20.010 Purpose 17.20-1 Section 17.20.020 Entertainment Permit 17.20-1 Section 17.20.030 Variance 17.20-3 Section 17.20.040 Design Review 17.20-4 Section 17.20.050 Adult Entertainment Permit 17.20-8 Section 17.20.010 Purpose The purpose of this Chapter is to establish permits and entitlements that are decided by the Planning Commission. Each permit and entitlement type is described in this Chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Section 17.20.020 Entertainment Permit A. Purpose. The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. B. Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this Chapter. C. Exceptions. The provisions of this Chapter shall not be deemed to require a permit for any of the following: 1. Use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds. 2. Entertainment provided for members and their guests at a private club where admission is not open to the public. 3. Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground. 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three (3) month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. 17.20-1 P206 Article II, Chapter 17.20 Rancho Cucamonga Development Code Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. ii. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. iv. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. v. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. F. Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this Section and impose reasonable conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by Subsection 17.20.030.E (Findings). Section 17.20.040 Design Review A. Purpose. This Section establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project review by local responsible agencies and the Development/Design Review Committees in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the General Plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. In addition,the City finds that a Design Review process will support the implementation of the General Plan, as it stresses quality community design standards. The City further finds that the quality of certain residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Section is not intended to restrict imagination, innovation, or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the City. It is the purpose of this Section to: 1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. 17.20-4 P207 Rancho Cucamonga Development Code Article II, Chapter 17.20 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. 3. Maintain the public health, safety and general welfare,and property throughout the City. 4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development. 5. Reasonably ensure that new developments, including residential, institutional, commercial, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. 6. Implement those sections of the City's General Plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. 7. Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. 8. Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement. 9. Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. 10. Encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views, and arrangement and spacing to accomplish grading policies. 11. Help ensure that adequate school facilities for all existing and future residential development in the City are provided. 12. Help insure that adequate levels of public services are provided for existing and future development in the City. 13. Encourage orderly development of residences within areas more readily served by public services. 14. Encourage the development of master planned projects that provide the service needs of the residents of these projects. 15. Encourage use of energy conservation techniques in new residential development. B. Applicability. An application for Design Review is required for commercial, industrial, institutional, and residential projects with five (5) or more dwelling units involving the 17.20-5 P208 Article II, Chapter 17.20 Rancho Cucamonga Development Code issuance of a Building Permit for construction or reconstruction of a structure which meets the following criteria. Projects of a limited size and scope that do not meet the below criteria may require an application for Minor Design Review as defined in Section 17.16.130 (Minor Design Review). 1. New construction on vacant property where the proposed buildings are over ten thousand (10,000) square feet in size. 2. Structural additions or new buildings which are equal to or exceed fifty percent (50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 3. Reconstruction projects which are equal to fifty percent(50%)of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 4. Any project being proposed along a special boulevard as defined by the General Plan, except for structures within projects with an approved Master Plan. 5. All projects which are master planned. Once the Master Plan, including architectural guidelines, has been approved by the Planning Commission, individual structures may be approved by the Planning Director. 6. All shopping centers over ten thousand (10,000) square feet in size, except individual structures may be approved by the Planning Director where a Master Plan, including architectural guidelines, has been approved by the Planning Commission. 7. Certain projects within a hillside area are subject to review pursuant to Section 17.52 (Hillside Development). 8. All projects within Mixed Use Zoning Districts. C. Review Process. The Design Review Procedure is outlined below. 1. Scheduling for committee review. Upon acceptance of a complete application for Design Review approval, a project shall be set on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 2. All development proposals for Design Review are initially reviewed by the Technical_Designand Design, committees: (1) Design Review Committee — architecture and site planning; (2) Grading Committoo and (23) Technical Review Committee — compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission, if applicable. . 3. Design Review Committee. Review and analysis by the Design Review Committee will consider design elements, such as, but not limited to, 17.20-6 P209 Rancho Cucamonga Development Code Article II, Chapter 17.20 compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets City design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the Design Review Committee will be based on the project conforming to the following criteria: • The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan,design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, Specific Plans, Community Plans, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the City's General Plan. iv. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. If the project is found to be not acceptable by the committee, the Planning Director will inform the applicant of the design issues and may suggest possible alternatives that would improve the design of the project. The committee will then direct the applicant to return to the committee with the revisions and/or work with staff to resolve the concerns prior to final approval by the Planning Commission. 4. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, uniform building code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance-with - - adopted codes and standards. They may also make recommendations to the Planning Commission on any policy issues or areas not covered by existing codes and standards. 17.20-7 P210 Article II, Chapter 17.20 Rancho Cucamonga Development Code - - asilitles;eresien &5_Other necessary committees as applicable (e.g., trails). D. Findings. The Planning Commission shall make the following findings before approving a Design Review application: 1. The proposed project is consistent with the General Plan; 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; • 3. The proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. 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. E. Conditions. The Planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Subsection 17.20.040.D (Findings). Section 17.20.050 Adult Entertainment Permit A. Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. The City council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this Section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. B. Applicability. The permittee must apply for a new Adult Entertainment Permit as follows: 1. Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment. 17.20-8 P211 Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Chapter 17.30 Allowed Land Use by Base Zoning District Sections: Section 17.30.010 Purpose 17.30-1 Section 17.30.020 Classification of Land Uses 17.30-1 Section 17.30.030 Allowed Land Uses and Permit Requirements 17.30-2 Section 17.30.040 Other Allowed Use Provisions 17.30-10 Section 17.30.010 Purpose The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base zoning districts. Uses allowed herein are consistent with and implement the corresponding land use designations in the City's General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 17.104 (Temporary Uses). Section 17.30.020 Classification of Land Uses In order to simplify land use regulations, land uses listed in this Chapter and throughout this Title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Chapter 17.32 (Allowed Use Descriptions). For example, "personal service use" includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this Title, "personal service use" is listed once and is further described in Chapter 17.32 (Allowed Use Descriptions). The following rules apply to use classifications: A. Specific Use Regulations. Additional use regulations for specific land uses are listed in Article V(Specific Use Requirements). B. Temporary Uses. Land use classifications in this Chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in Chapter 17.104 (Temporary Uses). C. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this Title. D. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city. E. Overlay Zoning Districts. When a property is located within an Overlay Zoning • District, any special allowed use provisions associated with said Overlay Zoning District shall apply. If the special allowed use provisions for the Overlay Zoning District are in conflict with the allowed use provisions of the base zoning district, the allowed use provisions for the Overlay Zoning District shall prevail. 17.30-1 P212 Article III, Chapter 17.30 Rancho Cucamonga Development Code TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT Land Use/Zoning District 2 z _ 3 O z U v U v (4V a = O = O = Residential Uses Adult Day Care P P P P P P P N N N N N N N N N N N N P N N Home Caretaker Housing C C C C C C C P P P N N N N C C C C P C P P Dwelling, Multi N N P P P P P N N N N N N N N N N N N N N N Family Dwelling, Second P P P P P P N N N N N N N N N N N N P P N N Unit(1) Dwelling, Single P P P P N N N N N N N N N N N N N N P P N N Family Dwelling, Two-Family N N P P P P P N N N N N N N N N N N N N N N Emergency Shelter N N N N N N N N N P N N N N N C N N N N N N Family Day Care C C C C C C C N N N N N N N N N N N N C N N Home, Large( ') Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation (2) P P P P P P P N N N N N N N N N N N P P N N Live-Work Facility N N N N N N P N N N N N N N N N N N N N N N Manufactured Home P P P P N N N N N N N N N N N N N N N P N N (3) Mobile Home Park(3) C C C C C C N N N N N N N N N N N N N N N N Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility Residential Care P P P P P P N N N N N N N N N N N N N P N N Home Single Room N N N P P P P N N N N N N N N N N N N N N N Occupancy Facility Transitional Housing P P P P P P P N N N N N N N N N N N N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N NIP N P P Animal Keeping, P P P P P P P N N N N N N N N N N N N P N , N Domestic Pets(4) Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals(4) 17.30-4 P213 Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Land Use/Zoning J j 2 2 x a v U ? O a = N x v V District -1 O x u- Veterinary Facility C N N N N N C N P P C C C N N P P P N N N N Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle N N N N N N N C N C N N P N C C N N N N N N Sales and Rental Auto and Vehicle N N N N N N N P P P P N P P P N N N N N N N Sales, Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales, Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N H N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N 1 N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational Vehicle N N N N N N N N N N N N N N N C C C N N N N Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N N N Distribution Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, Light N N N N N N N N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (9) Microbrewery N N N N N N N N N N N N N N P P N N N N N N Printing and N N N N N N N N N P N N N N P P N N I N N N N Publishing Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection 17.30-9 P214 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 Chapter 17.32 Allowed Use Descriptions Sections: Section 17.32.010 Purpose 17.32-1 • Section 17.32.020 Allowed Use Descriptions 17.32-1 Section 17.32.010 Purpose The purpose of this Chapter is to describe use classifications listed in Chapter 17.30 (Allowed Land Use by Base Zoning District). Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics.This Chapter should be used as a reference for the land use classifications listed throughout this Title. Additional definitions for specialized terms used in the Zoning Code can be found in Article VIII (Glossary). Section 17.32.020 Allowed Use Descriptions The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District) and throughout this Title. Individual use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification. Allowed uses are organized into the following seven use categories as follows: • Residential Uses • Agriculture and Animal-Related Uses • Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses • Utility, Transportation, Public Facility, and Communication Uses • Retail, Service, and Office Uses • Automobile and Vehicle Uses • •Industrial, Manufacturing, and Processing Uses A. Residential Uses. 1. Adult Day Care Home. Defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider's own home, for a period of less than 24) hours at a time. Homes serving more than six(6) adults are included in Adult Day Care Facility. 2. _ Caretaker Housing.A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site. 17.32-1 P215 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 automated teller machines (ATM) are considered an accessory use and not part of this definition 10. Bar/Nightclub. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment(e.g., music and/or dancing,comedy — subject to an entertainment permit) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. • - : :-- :- • • • • -•'. __ - -- Bars and nightclubs may include outdoor food and beverage areas. 11. Bed and Breakfast Inn. A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than six guest rooms is considered a hotel or motel and is included under the definition of Hotels and Motels. 12. Building Materials Store and Yard. A retail establishment selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in Wholesale, Storage, and Distribution (Heavy, Light and Medium.) Hardware stores are listed in the definition of Retail, General, even if they sell some building materials.Also see Home Improvement Supply Store for smaller specialty stores. 13. Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: • a. Equipment repair services (except vehicle repair, see Vehicle Services); b. Commercial art and design (production); c. Computer-related services (rental, repair); d. Copying, quick printing, and blueprinting services (other than those defined as Printing and Publishing); e. Equipment rental businesses within buildings(rental yards are Storage Yards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; 17.32-11 P216 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 unprepared unpackaged food or foodstuffs of any kind. For the purposes of this Section, a mobile food vehicle shall also include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 41. Mortuary/Funeral Home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include Crematorium, which is a separate use classification. 42. Office, Accessory. An office that is incidental and accessory to another business or sales activity that is the primary use(part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 43. Office, Business and Professional. This use listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations), and offices engaged in the production of intellectual property (e.g., advertising, architecture, computer programming). This use does not include medical offices (see Medical Services, General); temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, Accessory). Outdoor storage of materials is prohibited. 44. Pawnshop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 45. Personal Services. Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup), weight loss clinics, day spas, spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self- service laundries), shoe repair shops, and tailors.These uses may also include accessory retail sales of products related to the services provided. This use classification does not include massage or tattoo establishments, which are separately classified herein. 46. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption and establishments where most customers are served food at tables for on-premise consumption, but•may • - include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into , four-three categories as follows: 17.32-15 P217 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code a. Restaurant, No Liquor Service. Restaurants that do not serve liquor, including fast food establishments. b. Restaurant, Beer and Wine. Restaurants with liquor services limited to beer and wine for on-site consumption. May also include the brewing of beer as part of a brewpub or microbrewery. c. Restaurant, Full Liquor Service. Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption. 47. Retail, Accessory. The retail sales of various products(including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed-use project. 48. Retail, General. Stores and shops selling single and multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of Garden Center/Plant Nursery), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 49. Retail, Warehouse Club. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. 50. Secondhand Dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning,or auctioning secondhand tangible personal property such as"cash for gold".This use classification does not include a "coin dealer"or participants at gun shows or events, pawnshops or secondhand stores. 51. Shooting Range. An enclosed firing range with targets for rifle or handgun practice. .52. Smoke Shop.An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a 2 foot by 4 foot (2 feet in depth maximum) section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia. 17.32-16 P218 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code 6. Manufacturing, Medium. Activities typically include, but are not limited to, manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products which require frequent large container truck traffic or rail traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a component for further manufacturing, fabrication, and assembly. These types of business establishments are customarily directed to inter-plant transfer or to order from industrial uses, rather than for direct sale to the domestic consumer. Such uses may include, but are not limited to, canned food; textile products; furniture and fixtures; converted paper and paper board products; plastic products made from purchased rubber, plastic, or resin;fabricated metal products made from sheet metal;electrical and electronic machinery,equipment,and supplies;and office, computing, and accounting machines. These activities may produce noise, odors, vibrations, illumination, or particulates that affect persons residing in or conducting business in the vicinity. Where 24-hour, on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a Conditional Use Permit. • 6-7. Microbrewerv. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a Conditional Use Permit. 7,8_Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset,or electrostatic(xerographic)copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in Business Support Services. 8:9. Recycling Facility— Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines," an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the State. 0,10. Recycling Facility — Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, ° ' compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility—Collection. 17.32.20 P219 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Chapter 17.36 Development Standards by Base Zoning District Sections: Section 17.36.010 Development Standards for Residential Zoning Districts 17.36-1 Section 17.36.020 Development Standards for Mixed Use Zoning Districts 17.36-12 Section 17.36.030 Development Standards for Commercial & Office Zoning Districts ..17.36-14 Section 17.36.040 Development Standards for Industrial Districts 17.36-18 Section 17.36.050 Development Standards for Open Space Zoning Districts 17.36-24 Section 17.36.010 Development Standards for Residential Zoning Districts A. Purpose and Applicability. The purpose of this Section is to establish minimum development standards that are unique to development projects within Residential Zoning Districts. Development standards in this Section apply to all land designated on the Zoning Map within a Residential Zoning District. B. Residential Districts Described. As identified in Chapter 17.26 (Establishment of Zoning Districts), the city includes six Residential Zoning Districts: 1. Very Low(VL) 2. Low(L) 3. Low Medium (LM) 4. Medium (M) 5. Medium High (MH) 6. High (H) C. Residential Site Development Standards. General site development standards for Residential Zoning Districts are listed in Table 17.36.010-1 (Development Standards for Residential Zoning Districts). These development standards supplement the development standards in Article IV (Site Development Provisions) that apply to all zoning districts(e.g., parking, signs, landscaping, lighting). 17.36-1 P220 Article III, Chapter 17.36 Rancho Cucamonga Development Code TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ VL L LM M MH H Zoning District Lot Area(minimum) 20,000 sf 7.200 sf 5,000 sf 3 ac(1) 3 ac(1) 3 ac(1) Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 sf 3 ac(1) 3 ac(1) 3 ac(1) Lot Width(minimum) 90 ft(2) 65 ft(2) 50 ft(2) n/a n/a n/a Lot Width(corner lot) 100 ft 70 ft 50 ft n/a n/a n/a Lot Depth (minimum) 200 ft 100 ft 90 ft n/a n/a n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage(flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density(3) n/a n/a 4 du/ac 8 du/ac 14 du/ac 24 du/ac Maximum Density 2 du/ac 4 du/ac 8 du/ac(4) 14 du/ac(4) 24 du/ac 30 du/ac Minimum Setback Front Yard(5) 42 ft(6) 37 ft(6) 32 ft(6) 37 ft(6) n/a n/a Corner Side Yard(5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard (5) 10/15 ft 5/10 ft 5/10 ft 10 ft(7) n/a n/a Rear Yard(5) 60 ft 20 ft 15 ft 10 ft(7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR(8) 15/5(7) 15/5(7) 15/5(7) Building) Building Height(maximum in feet)(9) i Primary Buildings 35 ft 35 ft 35 ft 35 ft(10) 40 ft(t0) 55 ft(10) Lot Coverage(maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement(minimum percentage of open space per parcel or project) Private Open Space 300/150 sf 225/150 sf 150/100 sf 150/100 sf (Ground Floor/Upper Story) Open Space(Private and 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) Minimum Dwelling Unit Size(12) Single-Family 1,000 sf (attached and detached) Multi-Family(13) Efficiency/Studio 550 sf Multi-Family(t3) One Bedroom 650 sf 17.36-2 P221 Rancho Cucamonga Development Code Article Ill,Chapter 17.36 Development Standard/ VL L LM M MH H Zoning District Multi-Family 4131 Two Bedroom 800 sf Multi-Family(13) Three or More Bedrooms 950 sf Distance Between Building/Structure Fronts(8)(14)(minimum) Between buildings with no patio 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less 15 ft 15 ft 15 ft 15 ft than 5 feet in height Between patio fence/wall more 20 ft 20 ft 20 ft 20 ft than 5 feet in height Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height Between a patio fence/wall and a building wall 20 ft 20 ft 20 ft 20 ft With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements(8)(minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly.. VL-+/-10feet L 8LM-+/-5 feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.010.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback, which shall vary+/-5 feet.FroEN-yari-satbacJw+n-newreekienlial rievelayr-Perk-may-be retieeecl-by-lap to 5 foal to-al • - - - t#ai setbasksaie g-ikestre'N- (7) Add 10 feet if adjacent to VL, L or LM district. (8) Applies to buildings two stories and taller in height.Add 10 more feet for each story over two stories. (9) in hillside areas,heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply: 10% for efficiency/studio and 35% for one bedroom or up to 35% combined. Subject to a Conditional Use Permit,the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) "Front"is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. 17.36-3 P222 Rancho Cucamonga Development Code Article Ill,Chapter 17.36 F. Other Miscellaneous Residential Development Standards. 1. Zero Lot Line. The dwelling unit may be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10'), excluding the connecting elements such as fences, walls, and trellises. Pools, decks, garden features, and other similar elements shall be permitted within the ten foot (10') setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet (5') in width along the adjacent lot and parallel with such wall. 2. Usable Yard Area. For single-family detached/semi-detached subdivisions, a minimum fifteen feet (15') of flat, usable rear yard area shall be provided between the house and top or toe of non-retained slope banks or to the retaining wall in the case of retained cut or fill per City grading standard drawings. However, in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form, usable open space should be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor Parking. For projects with private streets or driveways, visitor parking required by Chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within one hundred fifty feet (150') of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include, but is not limited to, pavement marking, freestanding signs designating the stalls as visitor parking, and directory signs guiding visitors to the visitor parking area. 4. Driveway Depth/Width. All lots within single-family detached and semi- detached residential developments shall have driveways designed to accommodate the parking of two (2) automobiles in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of nineteen feet (19') and width of eighteen feet (18'). Drive approach shall be developed per City standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Storage Space. Each unit shall be provided with a minimum of one hundred twenty-five(125)cubic feet of exterior lockable storage space. The storage space shall be located outside of the dwelling at grade or floor level and easily accessible by the residents. The design of the exterior storage space shall be architecturally integrated and/or compatible to the dwellings. The individual storage space units can be located within the fully enclosed garages designated for that dwelling unit. 17.36-7 P223 Article Ill, Chapter 17.36 Rancho Cucamonga Development Code b. Laundry Facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five (5) units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units,or within the recreation room.The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing Materials.All new and existing development within Residential Zoning Districts shall have roofing material made of tile, or the imitation thereof, but not including composition shingles. Other roofing materials such as metal, slate, or the imitation thereof, but not including composition shingles, may be approved by the approval authority if it is determined that the roof material enhances the building design. Any replacement of existing roofing materials shall be consistent with the existing material or upgraded to a higher quality roofing material. For example,a composition shingle roof can be replaced with composition shingles or can be upgraded to higher quality roofing material such as tile or slate. 677. Roof Mounted NC Units. Replacement of existing permitted roof mounted NC units that are located on residential development may be permitted. All other proposed roof mounted NC units shall be placed entirely out of public view. 8. Slope Planting. Slope banks 5 feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks 5 feet or greater in vertical height an of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows:one 15-gallon or larger size tree per each 150 square feet of slope area, one 1- gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet vertical and of 2:1 or greater slope shall also include one 5-gallon or larger size per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners' Association may be required by the Planning Commission on a case-by-case basis. G. Special Streetscape. It is the intent of this Section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on street classification in the General Plan Circulation Plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. 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E 'S v N 'o, v E o m w a s E a a a a a a `O C � °i N o � cc a c c, O. 0 0 0 0 0 0 0 0 o Q c o°', c cu w ° c, k E - ) Z Z Z z z Z Z Z Z v o''m .`�Y �� o 2 � v c -c v c .„ 3 c, N h o , y Q N v v -2 5 a) Cl) a) U a c � a v 0 3 c 3 ' ' -° OI a 7 C s a e o ' '' '' a d cy O O ~ 2 � C c O j E N i N 0 O E c -0 c ' d Nv° v • °• c m 15 0 d 7 y h E O C ?' 3 2 ° v ° E o H � c U U 0 0 LL a 0 fC m N Cn c r ° y a ° v u U Q � N Q W a o = ao � 2E .:( , ... 4. •∎C moo` O N . y .O >, Y v = a >O 0 O O 0 O a) a) L 2 C c/) 0 > n.. a a o Ou_ 1- u) 0 ' O 3 ` ry m c ,n ko r. co o, P225 Rancho Cucamonga Development Code Article IV, Chapter 17.60 Chapter 17.60 Outdoor Sales, Storage, Display, and Seating Standards Sections: Section 17.60.010 Purpose 17.60-1 Section 17.60.020 Permit Requirements, Exemptions, and Liabilities 17.60-1 Section 17.60.030 Development, Operation, and Maintenance 17.60-2 Section 17.60.010 Purpose The purpose of this Chapter is to regulate permanent and temporary outdoor display, seating, and storage uses. The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. Section 17.60.020 Permit Requirements, Exemptions, and Liabilities The following outdoor activities shall be subject to the permit requirements as listed below. A. Permanent Outdoor Display and Sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of Section 17.60.030.8. (Standards for Outdoor Display and Sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a Conditional Use Permit(CUP). B. Temporary Outdoor Display and Sale. Permitted in commercial districts with the issuance of a Temporary Use Permit (TUP) and subject to the provisions of Section 17.60.030.B (Standards for Outdoor Display and Sales). C. Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a Conditional Use Permit in accordance with Section 17.16 (Permits and Entitlements Decided by the Planning Director). D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit pursuant to and consistent with the requirements of Section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a Temporary Use Permit. 1. Storage of construction materials and equipment as part of an active construction site, provided a valid Building Permit or Improvement Permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). 2. Emergency facilities to accommodate emergency public health and safety needs and activities. 17.60-1 P226 Article IV, Chapter 17.60 Rancho Cucamonga Development Code E. Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to approval of an Conditional Use Permit as established in Section 17.16.120 (Conditional Use Permit) and any other applicable entitlements (e.g., Minor Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this Chapter. 1. Required Findings for Approval of Outdoor Seating. The designated approving authority may issue a Conditional Use Permit (Section 17.16.120) if the proposed outdoor seating: a. Allows for a continuous pedestrian path of travel of at least four feet(4') in width and would not obstruct fire, pedestrian,and wheelchair access. b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows for unobstructed view of necessary authorized traffic devices. Section 17.60.030 Development, Operation, and Maintenance A. General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities. 1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an Encroachment Permit, or in accordance with the requirements of a Conditional Use Permit, pursuant to the requirements of Section 17.16.120 (Conditional Use Permit) or a Temporary Use Permit, pursuant to the requirements of Section 17.16.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code. 2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use. 3. Noise. Any noise generated by the outdoor activity shall be consistent with the City's Noise Ordinance. 4. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.74 (Sign Regulations 17.60-2 P227 Rancho Cucamonga Development Code Article IV,Chapter 17.60 for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot). 5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet (6') or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area. B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: 1. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such. 2. Maximum Area. Unless otherwise authorized by a Conditional Use Permit, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development code requirements are satisfied. 3. The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the store front or six(6) linear feet, whichever is greater and items may not project more than four feet(4')from the store front. 4. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet (6') above finished grade, unless a greater height is allowed through Use Permit approval. 5. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the City. 6. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 7. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety,or welfare or causes a public • nuisance. 17.60-3 P228 Rancho Cucamonga Development Code Article IV, Chapter 17.82 Chapter 17.82 Water Efficient Landscaping Sections: Section 17.82.010 Purpose and Intent 17.82-1 Section 17.82.020 Applicability 17.82-1 Section 17.82.030 Exceptions 17.82-1 Section 17.82.040 Development of a Water Budget 17.82-2 Section 17.82.050 Landscape Design Guidelines 17.82-3 Section 17.82.060 Soil and Grading Requirements 17.82-4 Section 17.82.070 Implementation 17.82-5 Section 17.82.080 Compliance/Enforcement 17.82-7 Section 17.82.090 Recycled Water 17.82-7 Section 17.82.100 Stormwater Management 17.82-8 Section 17.82.010 Purpose and Intent This Chapter implements the model ordinance adopted by the State of California pursuant to Government Code§65595 to require the efficient use of water resources. Section 17.82.020 Applicability A. This Chapter shall apply to the following: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total landscape area equal to or greater than twenty-five hundred (2,500) square feet requiring a building permit, plan check, or design review. 16. New construction and rehabilitated landscapes which are developer-installed residential projects with a total landscape area equal to or greater than twenty- five hundred (2,500) square feet requiring a building permit, plan check, or design review. 17. New construction projects which are homeowner-installed residential projects with a total landscape area equal to or greater than five thousand (5,000) square feet requiring a Building Permit, Plan Check, or Design Review. Section 17.82.030 Exceptions A. This Chapter does not apply to: 1. Registered local, state, or federal historical sites. 18. Ecological restoration projects that do not require a permanent irrigation system. 19. Mined-land reclamation projects that do not require a permanent irrigation system. 20. Botanical gardens and arboretums open to the public. 17.82-1 P229 Article IV, Chapter 17.82 Rancho Cucamonga Development Code Section 17.82.040 Development of a Water Budget A. Intent. In order to conserve water, applicable projects shall develop a water budget. The water budget is based on the Maximum Applied Water Allowance(MAWA), which is a calculation of the maximum amount of water allowed to be used within the landscape area, and the Estimated Total Water Use (ETWU), which is the actual amount of water to be used within the landscape area. The ETWU cannot exceed the MAWA. B. Establishing a Water Budget. 1. Maximum Applied Water Allowance. A landscape's maximum applied water allowance shall be calculated using the following formula: MAWA= (ETo) (0.627) (LA) [(0.627) + (.3 x SLA)] Where: MAWA= Maximum Applied Water Allowance ETo = Evapotranspiration Rate 0.7 = Evapotranspiration (ET)Adjustment Factor LA= Landscape Area 0.62 = Conversion factor(to gallons) SLA= Special Landscape Area 21. Estimated Total Water Use. A landscape's Estimated Total Water Use shall be calculated using the following formula: ETWU=(ETo)(0.62)(PF x AA +SLA) 0.71 Where: ETWU = Estimated Total Water Use ETo = Evapotranspiration Rate 0.62 = Conversion factor(to gallons) PF = Plant Factor HA= Hydrozone area (square feet) 0.71 = Irrigation efficiency SLA = Special Landscape Area (square feet) The evapotranspiration rate(ETo)for both calculations shall be consistent.The evapotranspiration rate(ETo)will be derived from current reference data, such as from the California Irrigation Management Information System (CIMIS) or other equivalent data, as determined by the Planning Director. 17.82-2 P230 Rancho Cucamonga Development Code Article V, Chapter 17.104 Chapter 17.104 Temporary Uses Sections: Section 17.104.010 Purpose 17.104-1 Section 17.104.020 Permit Requirements and Exemptions 17.104-1 Section 17.104.030 General Development Standards for Temporary Uses 17.104-2 Section 17.104.040 Standards for Specific Temporary Uses 17.104-3 Section 17.104.010 Purpose The purpose of this Chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety,and general welfare of the community is maintained. Section 17.104.020 Permit Requirements and Exemptions Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below.The process for application for and review and issuance of a Temporary Use Permit shall be as described in Section 17.16.070 (Temporary Use Permit). A. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requirements within this Section. 1. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including camivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e.g., race at a raceway). 3. Farmers markets, as defined in this Title, held on public or private property. 4. Swap meets, as defined in this Chapter, including flea markets, rummage sales, and similar events held on public or private property. 5. Seasonal sales as defined in this Chapter (e.g., Halloween, Christmas), including temporary residence/security trailers. 6. Temporary sales offices as defined in this Title. 7. Fruit and vegetable stands (related to on-site business). - 8. Outdoor display of merchandise as accessory to current on-site business. 17.104-1 P231 Rancho Cucamonga Development Code Article V, Chapter 17.104 Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. Section 17.104.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. A. Temporary Office Modules. 1. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a look of permanence, as much as practicable. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities, and landscaping. • ° • - • - - - - - - - ,, . - - ' allowing tomperary uses shall be permit subject to tho issuance of a Temporary Uco Pormit and tho feltewieg-limitatieias 1. Fre it-and-vegetable-sterds-(related to on site-business): 3. Outdoor recr ation uses. d. Parking lot and sidewalk sales(see Subsection C below). 5. Other activities and uses ci- . e 2.2 .2 2 • .. e: - • .•-e a •: - . •• ..- Director, GB_Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, in connection with current on-site businesses, subject to the approval of a Temporary Use Permit as provided in Section 17.16.070 (Temporary Use Permits)and the following criteria: 1. Each sale is limited to a minimum of three (3) consecutive days, with a maximum of nineteen (19) days per calendar year. unless authorized by a Conditional Use Permit.: 2. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within thirty(30) " days of another sale. 17.104-3 • P232 Rancho Cucamonga Development Code Article VII, Chapter 17.122 Chapter 17.122 Design Provisions by Development Type Sections: Section 17.122.010 Residential Development 17.122-1 Section 17.122.020 Hillside Development 17.122-9 Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 Section 17.122.040 Foothill Boulevard 17.122-35 Section 17.122.050 Haven Avenue 17.122-53 Section 17.122.060 Signs 17.122-58 Section 17.122.010 Residential Development The design standards and guidelines contained in this Section are supplemental to Chapter 17.120(General Design Provisions). A. Single-Family Home Designs. Placement of houses in single-family subdivisions is an important element in creating a functional, quality living environment. Single-family residential development should promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing tracts characterized by repetitious street scenes of nearly identical two-story houses built at the minimum setback lines are not desirable. Generally, it requires the use of a combination of design concept solutions to achieve the goal of creating varied, interesting, and attractive streetscapes. 1. Standards. a. At least twenty-five percent (25%)of all single-family detached units in any single-family residential development in a Residential Development District consisting of four(4) or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. b. Provide extra-deep setbacks for two-story houses on corner lots. c. Provide larger side yard setback (e.g., ten to twelve feet (10-12') minimum) on garage side of lot to allow vehicular access to the rear yard. d. Locate driveways as far as possible from intersections. e. Substantially vary front yard setbacks. f. Vary garage treatments such as detached and semi-detached,side and rear entries, etc. g. On flag lots, use twelve-foot(12')width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. 17.122-1 P233 Article VII, Chapter 17.122 Rancho Cucamonga Development Code shall be designated as common open space rather than private open space. vi. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. c. The Fire Chief may require brush, vegetation, or debris to be removed and cleared on each side of every roadway and access drive in accordance with the Municipal Code and Fire District codes and standards, and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they conform to Fire District codes and standards. As used in this Section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. d. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. e. Restrict structures and facilities from geologically hazardous areas. f. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. g. The Friant Escondido and Ramona/Arlington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site-specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. h. The Tujunga-Delhi soil association may have soil-bearing capabilities that could limit some development. Structures proposed on this soil type should be permitted only after a site-specific investigation has been performed that indicates the soils can adequately support the weight of the structure. For all development within the Alquist-Priolo or City-adopted "Special . Study Zone,"a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard. Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 P234 Rancho Cucamonga Development Code Article VII, Chapter 17.122 The majority of design standards and guidelines for commercial, office, and industrial development are provided in Chapter 17.120(General Design Provisions). This Section contains only those provisions that are unique to commercial, office, and/or industrial development. A. Special Site Design Provisions. 1. Standards. a. Provide employee break areas for office and industrial projects, and provide plazas where employees can rest and eat lunch, preferably away from public entrances to buildings, loading areas, or other high- traffic areas. Provide tables and/or benches, and shade trees and/or shade structures. Break areas shall be designed and sized to comfortably accommodate furniture and amenities, should have a minimum size of five hundred (500)square feet and have seating for at least ten percent(10%) of the anticipated workforce. b. Screen drive-through lanes from public view by orienting the building and a combination of landscaping, berming, and low screen walls. c. For shopping centers, vending machines and newspaper racks are to be recessed into the building facade. d. Completely screen long-term shopping cart storage. 2. Guidelines. a. For commercial projects, give special attention to creating pedestrian scale and an inviting place for pedestrians to shop. b. Site amenities, such as walls, hardscape, street furniture, trash enclosures, lighting, and monument signs, should be designed as part of the total architectural package for the project. c. Integrate signs into the architectural program. B. Parking Areas. The following standards and guidelines apply: 1. Standards. a. Screen parking areas from public view with mounding, landscaping, low walls, grade differentials, and building orientation. b. For parking areas, include one(1)tree for every three (3) parking stalls for shade. 2. Guidelines. a. Distribute parking evenly throughout a site instead of concentrating all in one large parking lot. 17.122-33 P235 Article VII, Chapter 17.122 Rancho Cucamonga Development Code b. Consider the types of users desired and plan the project accordingly rather than trying to maximize building floor area. c. Parking areas should not be the dominant element in the overall design of a project and should be designed to minimize visual disruption. e-d. The design of parking areas should also minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well-designed lights, and landscaping throughout the parking lot. C. Sped at-L-andscaping-P-ravisien s: 1. Standards. a----Twenty-percer (-2-0%)-of-iraes-planted-witia-inddstr+at-prejests-an+f irty percent (30%) o -- - - -- -- - - - a - B:C. Pedestrian Orientation. 1. Guidelines. a. Colonnades or loggias and other covered walkways or structures that provide shade to pedestrian spaces shall be utilized whenever possible. b. At street level, the use of building materials and building details that relate to human activity shall be required where appropriate. c. Convenient pedestrian circulation shall be provided throughout all projects to connect public streets, parking areas, and public transit facilities with buildings and pedestrian open spaces. d. Open spaces shall be integrated with pedestrian walks and defined by landscaping and other elements to create a sense of place. e. Where possible, open spaces shall be accessible to the public. f. Street Furniture. Benches, light standards, kiosks, drinking fountains, trash receptacles, and other street furniture in on-site open spaces shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space. g. Pedestrian areas shall be highly visible and well lit. • ED. Special Architectural Provisions. 1. Standards. 17.12244 P236 seekCity of Rancho Cucamonga NEGATIVE DECLARATION The following Negative Declaration is being circulated for public review in accordance with the California Environmental Quality Act Section 21091 and 21092 of the Public Resources Code. Project File No.: Development Code Amendment DRC2014-00205 Public Review Period Closes: July 2, 2014 Project Name: Project Applicant: City of Rancho Cucamonga Project Location (also see attached map): Planning Department, 10500 Civic Center Drive, Rancho Cucamonga, CA 91730 Project Description: A supplement to Development Code Update (DRC2010-00571) amending Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to clarify definitions, administrative procedures, and correct prior errors and omissions. Staff has prepared a Negative Declaration of the environmental impacts for consideration. This item will be forwarded to the City Council for final action. FINDING This is to advise that the City of Rancho Cucamonga,acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Negative Declaration based upon the following finding: The Initial Study indicates that there is no substantial evidence that the project may have a significant effect on the environment. If adopted, the Negative Declaration means that an Environmental Impact Report will not be required. The factual and analytical basis for this finding is included in the attached Initial Study. The project file and all related documents are available for review at the City of Rancho Cucamonga Planning Department at 10500 Civic Center Drive(909)477-2750 or Fax(909)477-2847. NOTICE The public is invited to comment on the proposed Negative Declaration during the review period. Julv 2, 2014 Date of Determination Adopted By P237 ORDINANCE NO. 867 AN ORDINANCE OF THE CITY COUNCIL OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT DRC2014-00205, A SUPPLEMENTAL UPDATE TO THE DEVELOPMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. 1. On May 28, 2014, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing with respect to the above referenced Development Code Amendment and, following the conclusion thereof, adopted its Resolution No. 14-15, recommending that the City Council of the City of Rancho Cucamonga adopt said amendment. 2. On July 2, 2013, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on the amendment. 3. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Rancho Cucamonga does ordain as follows: SECTION 1: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2: Based upon substantial evidence presented to the City Council during the above-referenced public hearing on July 2, 2013, including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows: a. The City desires to adopt a supplemental update to the Development Code in order to (i) reinstate development standards that were unintentionally omitted; (ii) correct technical errors; (iii) streamline the development review process; and (iv) clarify existing regulations; and b. The City has prepared a set of amendments (the "Amendments"), which is included as Attachment 1. SECTION 3: The City has prepared Initial Study of the potential environmental effects of the project. Based on the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the project would have a significant effect on the environment. Based on that determination, a Negative Declaration was prepared. Thereafter, the City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration and, based on the whole record before it, finds: (i) that the Negative Declaration was prepared in compliance with CEQA; and (ii) that there is no substantial evidence that the project will have a significant effect on the environment. The City Council finds that the Negative Declaration complies with the California Environmental Quality Act, its Ordinance No 867 (First Reading) — Page 1 P238 CITY COUNCIL ORDINANCE NO.867 DRC2013-00101 — DEVELOPMENT CODE AMENDMENT June 5, 2013 implementing regulations at 14 California Code of Regulations § 15000 et seq., and the City's local CEQA guidelines (collectively "CEQA"). SECTION 4: The City Council hereby adopts the Amendments to the Development Code attached to this Ordinance and incorporated herein by reference as Attachment 1. SECTION 5: The Council hereby directs the City Clerk to make all necessary, non-substantive conforming revisions to the Municipal Code necessary to codify this Ordinance, including, but not limited to, clerical corrections to section numbers, table and figure references, and cross references. SECTION 6: If any section, subsection, sentence, clause, phrase, or word of this Ordinance is, for any reason, deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or preempted by legislative enactment, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Rancho Cucamonga hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or words thereof, regardless of the fact that any one or more sections, subsections, clauses, phrases, or words might subsequently be declared,invalid or unconstitutional or preempted by subsequent legislation. SECTION 7: The City Clerk shall certify to the adoption of this Ordinance and shall cause a Summary of this Ordinance to be published in the manner prescribed by law. • Ordinance No 867 (First Reading) — Page 2 P239 Rancho Cucamonga Development Code Article I, Chapter 17.04 Chapter 17.04 Administrative Responsibility Sections: Section 17.04.010 Purpose 17.04-1 Section 17.04.020 Planning Agency 17.04-1 Section 17.04.010 Purpose The purpose of this Chapter is to establish and describe the respective administrative responsibilities of City officials and bodies (e.g., Planning Director, Planning Commission, City Council) for purposes of this Title. Section 17.04.020 Planning Agency California Government Code §65100 requires each jurisdiction to establish a planning agency to carry out the land use and planning functions of the jurisdiction. The functions of the planning agency, as designated by the Title, shall be carried out by the following bodies. In the absence of an assignment, the City Council shall retain responsibility and authority as the legislative body of the City. A. Planning Director. The Planning Director, or designee, shall have the responsibility and authority to administer and enforce this Title as follows: 1. Application Process. Receive and review all applications for development pursuant to this Title. Processing includes but is not limited to the certification of completed applications, the establishment of a permanent file, posting of public notices, collection of applicable fees, preparation of reports, processing of appeals, and presentation of staff reports to the Development Review Committees, Planning Commission, Historic Preservation Commission, and City Council. 2. Interpretation. Interpret the provisions and advise the public on the requirements of this Title. 3. Amendment. Initiate action for amendment of this Title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this Title. 4. Permit Issuance. Issue permits under this Title and certify that all such permits are in full conformance with its requirements. 5. Coordination. Refer and coordinate matters related to the administration of this •Title with other agencies and City departments and provide information on the status of all development permits. 6. Authority. Serve as the administrative zoning body and exercise that authority set forth in Government Code §65900 et seq. 17.04-1 ATTACHMENT A P240 Article I, Chapter 17.04 Rancho Cucamonga Development Code 2. .. _ -• _ - - - _ - _ - - - - •: -- - - -e - -- •- `--- ---- C-B. Design Review Committee. The Design Review Committee is responsible for reviewing the architecture (including material, finish, colors, and trim), site layout, building plotting, landscaping, compatibility with surrounding properties, and, when appropriate, signs, of new development. The committee's emphasis is on quality design in the community as described in the City's General Plan and this Title. The Design Review Committee consists of two Planning Commissioners and the Planning Director(or his or her designee). B-C. Technical Review Committee. The Technical Review Committee ensures a project conforms to adopted building and engineering standards. The Technical Review Committee consists of representatives from Planning, Engineering, Public Works and Building and Safety departments, as well as the Rancho Cucamonga Fire District. Representatives from outside agencies, such as the Cucamonga Valley Water District (CVWD), also provide comments. The focus of their review includes, but is not limited to, public improvements(such as streets, curbs,gutters), access to and from the public right-of-way and the project site, utilities, emergency access and circulation, fire hydrant locations, and landscaping in the public right-of-way. &D. Trails Advisory Committee. The Trails Advisory Committee is composed of two members of the Planning Commission and one member of the Planning Department, as well as equestrians and bicyclists. The Committee meets monthly to discuss and provide recommendations to the City Council on the development of the City's trail system. City Manager. The City Manager or designee shall oversee the work of the Planning Director and shall exercise such other powers and duties as are prescribed by state law or local ordinance, or as directed by the City Council. G-F. Planning Commission. Pursuant to California Government Code §65101, and as provided in Chapter 2.20, the City of Rancho Cucamonga has an established Planning Commission. The Planning Commission shall have the following land use responsibilities: 1. Hear and decide applications for entitlements as provided in Article II (Land Use and Development Procedures). 2. Initiate studies of amendments to this Title and make recommendations to the City Council for amendments as provided in Article II (Land Use and Development Procedures) and in Government Code §65853. 3. Hear and make recommendations to the City Council on applications for zoning amendments, the General Plan and amendments thereto, Specific Plans, prezoning, and other related planning studies. 17.04-2 P241 Rancho Cucamonga Development Code Article II, Chapter 17.16 Chapter 17.16 Planning Director Decisions Sections: Section 17.16.010 Purpose and Applicability 17.16-1 Section 17.16.020 Official Code Interpretations 17.16-1 Section 17.16.025 Director Determination Process (with Notice) 17.16-2 Section 17.16.030 Plan Check/Zoning Clearance 17.16-2 Section 17.16.040 Home Occupation Permit 17.16-3 Section 17.16.050 Sign Permit 17.16-4 Section 17.16.060 Uniform Sign Program 17.16-4 Section 17.16.070 Temporary Use Permit 17.16-5 Section 17.16.080 Tree Removal Permit 17.16-6 Section 17.16.090 Similar Use Determination 17.16-10 Section 17.16.100 Site Development Review 17.16-11 Section 17.16.110 Minor Exceptions 17.16-13 Section 17.16.120 Conditional Use Permit 17.16-14 Section 17.16.130 Minor Design Review 17.16-15 Section 17.16.140 Hillside Development Review 17.16-18 Section 17.16.150 Reasonable Accommodation 17.16-23 Section 17.16.160 Large Family Day Care Permit 17.16-26 Section 17.16.010 Purpose and Applicability The purpose of this Section is to establish procedures for planning and zoning related permits that are decided administratively by City staff or the Planning Director. Each permit and entitlement type is described in this Article in terms of purpose and applicability, approving authority, and unique processing provisions. Exemptions to permit requirements are listed throughout. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Table 17.14.060-1 (Approving Authority for Land Use Entitlements) provides a summary of the administrative and Planning Director permits and entitlements and indicates whether the decision may be appealed. Section 17.16.020 Official Code Interpretations A. Purpose and Applicability. The Planning Director may issue official code interpretation pursuant to this Section when, in his or her opinion, the meaning or applicability of any provision of this Code is ambiguous, misleading, or unclear. The purpose of such interpretations is to disclose the manner in which this Title shall be applied in future cases, provided that any interpretation may be superseded by a later interpretation when the Planning Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances.The Planning Director may issue an official interpretation or refer the question to the Planning Commission for a determination. B. Review Process. 1. Official code interpretations shall be issued in writing and shall state the facts upon which the Planning Director relied to make the determination. 17.16-1 P242 Rancho Cucamonga Development Code Article II, Chapter 17.16 D. Findings. The Planning Director shall make a Similar Use Determination after finding all of the following. If the Planning Director does not make all of these findings, he/she shall not make the Similar Use Determination: 1. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher level of activity, environmental impact, or population density than the uses listed in the zoning district. 2. The proposed use will be consistent with the purposes of the applicable zoning district. 3. The proposed use will be consistent with the General Plan, any applicable Specific Plan, and the Development Code. E. Determinations. Determinations shall be made in writing and shall contain the facts that support the determination. The Department shall maintain all such determinations on record for review by the general public upon request. The notice of decision shall be provided, in writing, to the applicant and interested parties. The notice shall include: 1. A brief statement explaining the criteria and standards considered relevant to the decision. 2. A statement of the standards and facts relied upon in rendering the decision. 3. An explanation of appeal rights and appeal deadlines. Section 17.16.100 Site Development Review A. Purpose. The purpose of Site Development Review is to provide for the administrative review of projects which, because of their limited size and scope, have minor aesthetic, land use, or traffic implications and do not create any significant impact on public utilities or services and to ensure that such limited projects comply with all applicable City standards and ordinances, and are not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the immediate vicinity. B. Applicability. All applications for Site Development Review are required for residential, commercial, industrial, and institutional projects, which may or may not involve the issuance of a Building Permit for construction or reconstruction of a structure, which meets the following criteria: 1. Residential Projects. The following residential projects require Site Development Review: Modification to approved architectural designs and building configurations for multifamily development, which do not create greater bulk, scale, or change in the line of sight; Residential additions equal to or greater than fifty percent (50%) of the existing square footage. 17.16-11 P243 Article II, Chapter 17.16 Rancho Cucamonga Development Code Architectural changes which de-net-change the basic form and theme; iii-iv_Exterior material or color changes which conflict with the original form and theme and which are not consistent and compatible with the original materials and colors; iv-v. New construction, expansion, reconfiguration or significant reconstruction of driveways. v vi. Installation of a satellite dish or antenna greater than twenty(20)square feet in surface area. 2. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Site Development Review: Changes to gross floor area of existing buildings or approved design plans which do not result in more than a 10 percent change; ii. New construction, expansion, reconfiguration or significant reconstruction of parking lots or driveways. Hi. Modification to approved architectural designs and building configurations, which do not create greater bulk, scale, or change in the line of sight. iv. Modifications to approved plans, which do not change the general location and layout of the site. v. The establishment and/or construction of an outdoor storage area on the same site as, and in conjunction with, an existing business that is . less than ten percent (10%)the gross floor area of the primary use. vi. The construction and/or placement of silos, antennas not regulated by Chapter 17.106, water tanks, roof- or ground-mounted equipment visible from public view, or similar structures and equipment. vii. Grading alterations to approved plans that do not change the basic concept, increase slopes or building elevations or change the course of drainage. viii. Modification to existing landscaping or landscape plans in excess of five thousand (5,000) square feet. ix. Architectural changes which do not change the basic form and theme. x. Exterior material or color changes which do not conflict with the original form and theme and which are consistent and compatible with the original materials and colors. xi. Modifications to existing site features (e.g., trellis, pergola, water features). 17.16-12 P244 Rancho Cucamonga Development Code Article II, Chapter 17.16 approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). D. Findings. The Director shall approve, or approve with conditions, an application for a Conditional Use Permit after finding all of the following. If the Director does not make all of these findings, he/she shall deny the Conditional Use Permit: 1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code, Municipal Code, General Plan, and any applicable Specific Plans or City regulations/standards. 2. The site is physically suited for the type, density, and intensity of the proposed use including access, utilities, and the absence of physical constraints and can be conditioned to meet all related performance criteria and development standards. 3. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity in which the project is located. E. Conditions. In approving a Conditional Use Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.130 Minor Design Review A. Purpose. This Section establishes a Minor Design Review process for certain types of residential, commercial, industrial, and institutional development proposals to facilitate project review in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to be consistent with the General Plan which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. B. Applicability. Minor Design Review is required for commercial, industrial, institutional, and residential projects that meet any of the following qualifications: 1. Commercial, Industrial, and Institutional Projects. The following commercial, industrial, and institutional projects require Minor Design Review: 4-i. New construction on vacant property, where the buildings are less than ten thousand (10,000) square feet in area. Structural additions or new buildings which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. 17.16-15 P245 Article II, Chapter 17.16 Rancho Cucamonga Development Code iii. Reconstruction projects which are less than fifty percent (50%) of the floor area of existing on-site building(s), or are less than ten thousand (10,000) square feet. 3:iv. Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a restaurant. 1. Residential additions equal to or greater than fifty percent(50%)of the existing square footage. 2. Residential Projects. The following residential projects require Minor Design Review: Residential construction involving four(4) or less dwelling units. Projects involving a substantial change or intensification of land use such as the conversion of a residential structure to an office or commercial use. c. the conversion of an existing building to a restaurant, or the conversion of a residential structure to an office or commercial use. C. Review Process. 1. An application for a Minor Design Review shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. 2. The Planning Director shall be the approving authority for Minor Design Reviews. The procedure for review and action shall be as provided in this Section. 3. All development proposals submitted pursuant to this Section may be reviewed by the following committees: (1) Design Review Committee—architecture and site planning; (2) Grading Committee grading and drainage; and (23) Technical Review Committee —compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. Upon acceptance of a complete application, projects subject to section 17.16.130 F 3 shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 5. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for 17.16-16 P246 Rancho Cucamonga Development Code Article II, Chapter 17.16 specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments, and will not create traffic or pedestrian hazards. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 6. Grading Committee. The Grading Committee will consider items such as, but not limited to, cut and fill areas, drainage and flood control facilities, erosion• -- - ..the City's Hillside Development Regulations, Chapter 17.52 (Hillside Development Standards). 6. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. D. Findings. The Planning Director, where authorized, shall make the following findings before approving a Minor Design Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 17.16-17 P247 Article II, Chapter 17.16 Rancho Cucamonga Development Code 4. 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. E. Conditions. In approving a Minor Design Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. Section 17.16.140 Hillside Development Review A. Purpose. The Hillside Development Review process provides a mechanism to review development proposals in sensitive hillside areas,the intent is to minimize the adverse effects of grading, and to provide for the safety and benefit the welfare of the citizens of Rancho Cucamonga while allowing for reasonable development of land. B. Applicability. All projects within the Hillside Overlay District and any properties with an eight percent (8%) slope or greater, including but not limited to: 1. Construction of one or more single-family homes. 2. Proposed lot development in conjunction with a Tentative Subdivision Map. 3. Proposed lot development in conjunction with a General Plan or Development Code Amendment. 4. Design Review Committee review ore is required and ace-is advisory to the Planning Director. C. Exceptions. Projects, which are limited in scope, (e.g., regrading of yard areas, pool/spa construction, additions to existing structures, and/or construction of accessory structures which are less than nine hundred sixty [960] square feet) may apply for a Minor Design Review. However, projects which require grading of large flat areas, including, but not limited to, such items as tennis courts or riding rings, shall require a Hillside Design Review application. D. Application. An application for a Hillside Design Review shall be made on a form specified by the Planning Director and shall include, at minimum: 1. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. 2. A conceptual grading plan, which shall include the following items in addition to those required by the City's Submittal Requirement Checklist: A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations, and change in direction of drainage. 17.16-18 P248 Rancho Cucamonga Development Code Article II, Chapter 17.16 i. A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and fill exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. Contours shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker, and proposed contours shall be depicted as above except with a solid line. Contours shall be shown according to the following schedule: a. Natural slope of nineteen point nine percent (19.9%) or less requires two-foot (2') contours; b. Natural slope of twenty percent (20%) or greater requires five- foot(5') contours. 3. A conceptual drainage and flood control facilities map describing planned drainage improvements. 4. A slope analysis map for the purpose of determining the amount and location of land, as it exists in its natural state falling into each slope category as specified below. For the slope map, the applicant shall use a base topographical map of the subject site, prepared and signed by a registered civil engineer or licensed land surveyor, which shall have a scale of not less than one inch (1")to one hundred feet(100')and a contour interval of not more than • two feet (2') provided that the contour interval may be five feet (5') when the slope is more than twenty percent (20%). This base topographical map shall include all adjoining properties within one hundred fifty feet (150') of the site boundaries. Delineate slope bands in the range of zero (0) up to five percent (5%), five percent(5%) up to ten percent(10%), ten percent(10%) up to fifteen percent (15%), fifteen percent (15%) up to twenty percent (20%), twenty percent (20%) up to twenty-five percent (25%), twenty-five percent (25%) up to thirty percent (30%), and thirty percent (30%) or greater. Also included shall be a tabulation of the land area in each slope category specified in acres. 5. The exact method for computing the percent slope and area of each slope category should be sufficiently described and presented so that a review can be readily made. Also, a heavy, solid line indicating the eight percent (8%) grade differential shall be clearly marked on the plan, and an additional copy of the map shall be submitted with the slope percentage categories depicted in contrasting colors. 6. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of three (3) slope profiles shall be included with the slope analysis. The slope profiles shall: Be drawn at the same scale and indexed, or keyed, to the slope analysis map, grading plan, and project site map. • 17.16-19 P249 Article II, Chapter 17.16 Rancho Cucamonga Development Code ii. Show existing and proposed topography, structures, and infrastructures. Proposed topography, structures, and infrastructures shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line. The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least one hundred fifty feet (150'). iv. The profiles shall be drawn along those locations of the project site where: a. • The greatest alteration of existing topography is proposed; b. The most intense or bulky development is proposed; c. The site is most visible from surrounding land uses; and • d. At all site boundaries illustrating maximum and minimum conditions. At least two (2) of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a forty-five (45) degree angle to the other slope profiles and existing contour lines. 7. Both the slope analysis and slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer, or land surveyor indicating the datum, source, and scale of topographic data used in the slope analysis and slope profiles, and attesting to the fact that the slope analysis and slope profiles have been accurately calculated and identified consistent with provisions of this Chapter. 8. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation, and biota research may also be required in order to help in the determination of the buildable area of a site. 9. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures, and open spaces. 10. In the event that no grading is proposed, e.g., custom lot subdivision, a statement to that effect shall be filed with a plan which shows possible future house plotting, lot grading, driveway design, and septic system location for each parcel proposed,to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. 17.16-20 P250 Rancho Cucamonga Development Code Article II, Chapter 17.16 11. When unit development is proposed, illustrative building elevations that show all sides of the proposed structure(s) and which accurately depict the building envelope for each lot shall be provided. 12. The following items may be required if determined necessary by the Grading Committee,Planning Director, or Planning Commission to aid in the analysis of the proposed project to illustrate existing or proposed conditions or both: A topographic model; ii. A line of sight or view analysis; iii. Photographic renderings; iv. Any other illustrative technique determined necessary to aid in review of a project. 13. Exceptions to the filing requirements may be permitted by the Planning Director based on the size and scope of the project. E. Review Process. 1. The Planning Director shall be the approving authority for Hillside Development Reviews. The procedure for review and action shall be as provided in this Section. 2. Scheduling for Review. Upon acceptance of a complete application, a project shall be scheduled on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 3. All development proposals submitted pursuant to this Section may be reviewed by the Technical and-Design, and Grading Review committees: (1) Design Review Committee — architecture and site planning; grading and drainage; and(23)Technical Review Committee—compliance with technical code requirements. If reviewed by any or all of the aforementioned committees, each committee shall make a recommendation on each project for consideration. 4. The Design Review Committee shall review the project design submittals and make recommendations to the Planning Director based on: Design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plan, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, 17.16-21 P251 Article II, Chapter 17.16 Rancho Cucamonga Development Code existing, or future developments, and will not create traffic or pedestrian hazards. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the General Plan of the City. iv. The design of the proposed development would provide a desirable environment for its occupants and the visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. 5. Grading Committee. The Grading-Committee will consider items such as, but control, retaining walls, and the effect of proposed grading on adjacent guidelines and policies. The decision of the Grading Committee will be the City's Hillside Development Regulations, Chapter 17.52 (Hillside 6-5. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, California Building Code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. The committee may also make recommendations to the Planning Director. F. Findings. The Planning Director, where authorized, shall make the following findings before approving a Hillside Development Review application: 1. The proposed project is consistent with the General Plan. 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. 3. The proposed use is in compliance with each of the applicable provisions of the Development Code. 4. 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. G. Conditions. In approving a Hillside Development Review, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings 17.16-22 P252 Article II, Chapter 17.16 Rancho Cucamonga Development Code 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. L. Time Extension. The Planning Director may approve a single one (1) year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the Director no less than thirty (30)days or more than ninety (90) days prior to the expiration date. The request for an extension shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. M. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of this Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. Revocation of a reasonable accommodation shall be subject to the same notice, hearing, and appeal requirements applicable to the original application. N. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the Planning Director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code, or(2)the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 0. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in this Title. P. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. Section 17.16.160 Large Family Day Care Permit A. Purpose. The requirement of a Large Family Day Care Permit ensures that large family day cares in residential neighborhoods are compatible with the surrounding 17.16-26 P253 Rancho Cucamonga Development Code Article II, Chapter 17.16 neighborhood character. The Planning Director is authorized to approve, impose reasonable conditions upon such approval, or deny Large Family Day Care. B. Applicability. This Section applies to all Large Family Day Cares, as described in Section 17.32 (Allowed Use Descriptions). C. Review Process. An application for a Large Family Day Care Permit shall be filed with the Planning Department in a manner prescribed by the Planning Director with the required fee as established by City Council resolution. The Planning Director is the approving authority for Large Family Day Care Permits. However, the Planning Director may also refer a Large Family Day Care Permit to the Planning Commission for review and approval as pursuant to Subsection 17.14.060.0 (Referral to the Planning Commission). Upon acceptance of a Large Family Day Care Permit application, the Planning Director or a designated representative shall review the request for compliance with all State and Local standards. D. Public Notice. The Planning Director shall, not less than ten (10) days before rendering a decision, provide for public comment through notice to adjacent property owners of the pending application pursuant to Subsection 17.16.025 (Director Determination Process). E. Findings. A Large Family Day Care Permit shall be granted only when the Planning Director determines that the proposed Large Family Day Care complies with all of the following findings: 1. The proposed home occupation is consistent with the General Plan, any applicable Specific Plan or Planned Community, and all applicable provisions of this Title; 2. The proposed Large Family Day Care is consistent with all applicable State and Local laws and ordinances; and 3. The establishment, maintenance, or operation of the Large Family Day Care applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, or general welfare of persons residing or working in the neighborhood of such use or to the general welfare of the City. F. Conditions. In approving a Large Family Day Care Permit, the Director may impose any reasonable conditions to ensure that the approval will comply with the findings required, as well as any performance criteria and development standards contained within this Code. 17.16-27 P254 Rancho Cucamonga Development Code Article II, Chapter 17.20 Chapter 17.20 Planning Commission Decisions Sections: Section 17.20.010 Purpose 17.20-1 Section 17.20.020 Entertainment Permit 17.20-1 Section 17.20.030 Variance 17.20-3 Section 17.20.040 Design Review 17.20-4 Section 17.20.050 Adult Entertainment Permit 17.20-8 Section 17.20.010 Purpose The purpose of this Chapter is to establish permits and entitlements that are decided by the Planning Commission. Each permit and entitlement type is described in this Chapter in terms of purpose and applicability, exemptions, review process, findings for approval, and conditions. General processing procedures are established in Chapter 17.14 (General Application Processing Procedures). Section 17.20.020 Entertainment Permit A. Purpose. The purpose of an Entertainment Permit is to provide a discretionary review process for new entertainment uses where food and/or beverage is sold concurrently with any form of entertainment in order to ensure public health and safety. B. Applicability. No person or business entity shall operate, conduct, or manage any place or premises open to the public where food or beverages are sold, offered for sale, or given away, and where any form of entertainment, as defined herein, is provided or furnished without first obtaining a permit so to do as hereinafter provided for in this Chapter. C. Exceptions. The provisions of this Chapter shall not be deemed to require a permit for any of the following: 1. Use of a radio or other electronic playback device, except when utilized by an announcer or disc jockey whose live performance consists of selecting or manipulating prerecorded selections of music or other sounds. 2. Entertainment provided for members and their guests at a private club where admission is not open to the public. 3. Entertainment conducted in connection with a regularly established motion picture theater, recreation park, circus, or fairground. 4. Entertainment conducted by or sponsored by any bona fide club, society, or association, organized or incorporated for benevolent, charitable, dramatic, or literary purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three (3) month period, when proceeds, if any, arising from such entertainment are used for the purpose of such club, society, or association. 17.20-1 P255 Article II, Chapter 17.20 Rancho Cucamonga Development Code Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this Code. ii. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same zone. Hi. Strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. iv. The granting of the Variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. v. The granting of the Variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. F. Conditions. The Planning Commission is authorized to grant a Variance to achieve those purposes as prescribed in accordance with the procedure in this Section and impose reasonable conditions as the Commission may deem necessary to ensure compatibility with surrounding uses; to preserve the public health, safety, and welfare; and to enable the Commission to make the findings required by Subsection • 17.20.030.E (Findings). Section 17.20.040 Design Review A. Purpose. This Section establishes the review procedures for residential, commercial, industrial, and institutional development proposals to facilitate project review by local responsible agencies and the Development/Design Review Committees in a timely and efficient manner; to ensure that development projects comply with all applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the environment; and to maintain consistency with the General Plan, which promotes high aesthetic and functional standards to complement and add to the physical, economic, and social character of Rancho Cucamonga. In addition,the City finds that a Design Review process will support the implementation of the General Plan, as it stresses quality community design standards. The City further finds that the quality of certain residential, institutional, commercial, and industrial uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Section is not intended to restrict imagination, innovation, or variety, but rather to focus on community design principles which can result in creative imaginative solutions for the project and a quality design for the City. It is the purpose of this Section to: 1. Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit. 17.20-4 P256 Rancho Cucamonga Development Code Article II, Chapter 17.20 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as signs, landscaping, parking areas, and streets. 3. Maintain the public health, safety and general welfare, and property throughout the City. 4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development. 5. Reasonably ensure that new developments, including residential, institutional, commercial, and industrial developments, do not have an adverse aesthetic, health, safety, or architecturally related impact upon existing adjoining properties, or the City in general. 6. Implement those sections of the City's General Plan that specifically refer to the preservation and enhancement of the particular character and unique assets of this City and its harmonious development. 7. Minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of terrain is retained. 8. Preserve significant topographic features, including rock outcroppings, native plant materials, and natural hydrology, while also encouraging improved drainage from lots directly to a street, storm drain, or through a public or privately maintained easement. 9. Limit the impact of slopes on adjacent developed properties and limit construction on identified seismic or geologic hazard areas. 10. Encourage the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities, maintenance of views, and arrangement and spacing to accomplish grading policies. 11. Help ensure that adequate school facilities for all existing and future residential development in the City are provided. 12. Help insure that adequate levels of public services are provided for existing and future development in the City. 13. Encourage orderly development of residences within areas more readily served by public services. 14. Encourage the development of master planned projects that provide the service needs of the residents of these projects. 15. Encourage use of energy conservation techniques in new residential development. B. Applicability. An application for Design Review is required for commercial, industrial, institutional, and residential projects with five (5) or more dwelling units involving the 17.20-5 P257 Article II, Chapter 17.20 Rancho Cucamonga Development Code issuance of a Building Permit for construction or reconstruction of a structure which meets the following criteria Projects of a limited size and scope that do not meet the below criteria may require an application for Minor Design Review as defined in Section 17.16.130 (Minor Design Review). 1. New construction on vacant property where the proposed buildings are over ten thousand (10,000) square feet in size. 2. Structural additions or new buildings which are equal to or exceed fifty percent (50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 3. Reconstruction projects which are equal to fifty percent (50%) of the floor area of existing on-site building(s), or have a minimum ten thousand (10,000) square feet in size. 4. Any project being proposed along a special boulevard as defined by the General Plan, except for structures within projects with an approved Master Plan. 5. All projects which are master planned. Once the Master Plan, including architectural guidelines, has been approved by the Planning Commission, individual structures may be approved by the Planning Director. 6. All shopping centers over ten thousand (10,000) square feet in size, except individual structures may be approved by the Planning Director where a Master Plan, including architectural guidelines, has been approved by the Planning Commission. 7. Certain projects within a hillside area are subject to review pursuant to Section 17.52 (Hillside Development). 8. All projects within Mixed Use Zoning Districts. C. Review Process. The Design Review Procedure is outlined below. 1. Scheduling for committee review. Upon acceptance of a complete application for Design Review approval, a project shall be set on the first available agenda for committee reviews. The applicant and any persons requesting notice will be notified at least ten (10) days prior to the meetings. 2. All development proposals for Design Review are initially reviewed by the Technical_, Designand Design, committees: (1) Design Review Committee — architecture and site planning; (2) Grading Committee and (23) Technical Review Committee — compliance with technical code requirements. Each committee shall make a recommendation on each project for consideration by the Planning Commission, if applicable. 3. Design Review Committee. Review and analysis by the Design Review Committee will consider design elements, such as, but not limited to, 17.20-6 P258 Rancho Cucamonga Development Code Article II, Chapter 17.20 compatibility of the project to surrounding properties, relationship of the design and layout of the project to the site, architectural design, and use of materials, grading, landscaping, screening and buffering techniques of adjacent properties, signs, and open space. This committee will determine if the project adequately meets City design guidelines and standards, and will transmit an appropriate recommendation to the Planning Commission. The recommendation of the Design Review Committee will be based on the project conforming to the following criteria: The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, Specific Plans, Community Plans, boulevards, or planned developments. ii. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring, existing, or future developments and will not create traffic or pedestrian hazards. iii. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly, and attractive development contemplated by this Section and the City's General Plan. iv. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. If the project is found to be not acceptable by the committee, the Planning Director will inform the applicant of the design issues and may suggest possible alternatives that would improve the design of the project. The committee will then direct the applicant to return to the committee with the revisions and/or work with staff to resolve the concerns prior to final approval by the Planning Commission. 4. Technical Review Committee. Review by this committee will consider items such as, but not limited to, circulation, street improvements, right-of-way dedication, utility easements, grading, drainage facilities, storm drain improvements, uniform building code requirements, security, fire flow, emergency access, location of fire hydrants, water and sewer line connections and sizing, water pressure, permit fees, streetscape and landscape standards, setbacks, parking, and requirements for environmental processing. The committee will require changes in any development for compliance with adopted codes and standards. They may also make recommendations to the Planning Commission on any policy issues or areas not covered by existing codes and standards. 17.20-7 • P259 Article II, Chapter 17.20 Rancho Cucamonga Development Code 6 5. Other necessary committees as applicable (e.g., trails). D. Findings. The Planning Commission shall make the following findings before approving a Design Review application: 1. The proposed project is consistent with the General Plan; 2. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located; 3. The proposed use is in compliance with each of the applicable provisions of the Development Code; and 4. 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. E. Conditions. The Planning Commission is authorized to approve or deny applications and to impose reasonable conditions upon such approval, as the Commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Commission to make the findings required by Subsection 17.20.040.D (Findings). Section 17.20.050 Adult Entertainment Permit A. Purpose. These regulations are intended to prevent problems of blight and deterioration which can be brought about by the concentration of adult entertainment businesses in close proximity to each other or proximity to other incompatible uses such as schools for minors, public parks, and residentially zoned districts. The City council finds that it has been demonstrated in various communities that the concentration of adult entertainment businesses causes an increase in the number of transients in the area and an increase in crime and can cause other businesses and residents to move elsewhere. It is therefore the purposes of this Section to establish establishes reasonable and uniform regulations to prevent the concentration of adult establishments or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas. B. Applicability. The permittee must apply for a new Adult Entertainment Permit as follows: 1. Prior to establishment of a new adult entertainment establishment or any change in the location of the adult entertainment establishment. 17.20-8 P26O Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Chapter 17.30 Allowed Land Use by Base Zoning District Sections: Section 17.30.010 Purpose 17.30-1 Section 17.30.020 Classification of Land Uses 17.30-1 Section 17.30.030 Allowed Land Uses and Permit Requirements 17.30-2 Section 17.30.040 Other Allowed Use Provisions 17.30-10 Section 17.30.010 Purpose The purpose of this Chapter is to establish allowed land uses and corresponding requirements for permits and entitlements for each of the City's base zoning districts. Uses allowed herein are consistent with and implement the corresponding land use designations in the City's General Plan. Allowed land uses include both primary and accessory uses that are permanent in nature. Regulations for temporary uses are listed separately in Chapter 17.104 (Temporary Uses). Section 17.30.020 Classification of Land Uses In order to simplify land use regulations, land uses listed in this Chapter and throughout this Title have been grouped into general categories on the basis of common function, product, or compatibility characteristics. These allowed use categories are called "use classifications." Use classifications describe one or more uses having similar characteristics but do not list every use or activity that may appropriately be within the classification. Each land use is described in Chapter 17.32 (Allowed Use Descriptions). For example, "personal service use" includes a wide range of individual personal service uses (beauty parlor, dry cleaning, tanning salons, tailors). Rather than listing all such uses individually throughout this Title, "personal service use" is listed once and is further described in Chapter 17.32 (Allowed Use Descriptions). The following rules apply to use classifications: A. Specific Use Regulations. Additional use regulations for specific land uses are listed in Article V(Specific Use Requirements). B. Temporary Uses. Land use classifications in this Chapter identify both primary and secondary or accessory uses that are permanent in nature. Temporary uses are separately listed and regulated in Chapter 17.104 (Temporary Uses). C. Uses Not Listed. Land uses that are not listed in the zoning district tables are not allowed, except as otherwise provided for in this Title. D. Illegal Uses. No use that is illegal under local, state, or federal law shall be allowed in any zoning district within the city. E. Overlay Zoning Districts. When a property is located within an Overlay Zoning District, any special allowed use provisions associated with said Overlay Zoning District shall apply. If the special allowed use provisions for the Overlay Zoning District are in conflict with the allowed use provisions of the base zoning district, the allowed use provisions for the Overlay Zoning District shall prevail. 17.30-1 P261 Article Ill, Chapter 17.30 Rancho Cucamonga Development Code TABLE 17.30.030-1 ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONING DISTRICT I Land Use/Zoning x District > -12 = O a z D U 3 Fee O a 7 z = O 2 uV. Residential Uses Adult Day Care P P P P P P P N N N N N N N N N N N N P N N Home Caretaker Housing C C C C C C C P P P N N N N C C C C P C P P Dwelling, Multi N N P P P P P N N N N N N N N N N N N N N N Family Dwelling, Second P P P P P P N N N N N N N N N N N N P P N N Unit(1) Dwelling, Single- P P P P N N N N N N N N N N N N N N P P N N Family Dwelling, Two-Family N N P P P P P N N N N N N N N N N N N N N N Emergency Shelter N N N N N N N N N P N N N N N C N N N N N N Family Day Care C C C C C C C N N N N N N N N N N N N C N N Home, Large(") Family Day Care P P P P P P P N N N N N N N N N N N N P N N Home, Small Guest House P P P N N N N N N N N N N N N N N N N N N N Group Residential C C C C C C C C C C C N C N N N N N N C N N Home Occupation(2) P P P P P P P N N N N N N N N N N N P P N N Live-Work Facility N N N N N N P N N N N N N N N N N N N N N N Manufactured Home P P P P N N N N N N N N N N N N N N N P N N (3) Mobile Home Park(3) C C C C C C N N N N N N N N N N N N N N N N Residential Care N N N C C C C N N N N N N N N N N N N N N N Facility Residential Care P P P P P P N N N N N N N N N N N N N P N N Home Single-Room N N N P P P P N N N N N N N N N N N N N N N Occupancy Facility Transitional Housing P P P P P P P N N N N N N N N N N N N P N N Agriculture and Animal-Related Uses Agricultural Uses N N N N N N N N N N N N N N N N N N P N P P Animal Keeping, P P P P P P P N N N N N N N N N N N N P N N Domestic Pets(4) Animal Keeping, C C C C C C C N N N N N N N N N N N N C N N Exotic Animals(4) 17.30-4 P262 Rancho Cucamonga Development Code Article Ill, Chapter 17.30 Land Use/Zoning v O O U uo o g District > E 0Z 0 0 u) c.) — Veterinary Facility C N N N : N N C N P P C C C N N P P P N N N N Automobile and Vehicle Uses Auto Vehicle N N N N N N N N N N N N N N N N N C N N N N Dismantling Auto and Vehicle N N N N N N N C N C N N P N C C N N N N N N Sales and Rental Auto and Vehicle N N N N N N N P P P P N P P P N N N N N N N Sales, Autobroker Auto and Vehicle N N N N N N N P P P P N P P P P N N N N N N Sales,Wholesale Auto and Vehicle N N N N N N N N N N N N N N N C P P N N N N Storage Auto Parts Sales N N N N N N N N P P N N P N N N N N N N N N Car Washing and N N N N N N N C C C C N C N N N N N N N N N Detailing Recreational Vehicle N N N N N N N N N N N N N N N C C C N N N N Storage Service Stations N N N N N N C C C P C N C C C C N N N N N N Vehicle Services, N N N N N N N N N C N N N N N P P P N N N N Major Vehicle Services, N N N N N N N C C P N N C N P P N N N N N N Minor Industrial, Manufacturing, and Processing Uses Fuel Storage and N N N N N N N N N N N N N N N C C C N NN Distribution Manufacturing, N N N N N N N N N N N N N N P P N N N N N N Custom Manufacturing, N N N N N N N N N N N N N N N N N P N N N N Heavy Manufacturing, Heavy-Minimum N N N N N N N N N N N N N N N N P P N N N N Impact Manufacturing, Light N N N N N N N N N N N N N N P P N N N N N N Manufacturing, N N N N N N N N N N N N N N P P P P N N N N Medium (9) Microbrewery N N N N N N N 1 N N N N N N N P P N N N N N N Printing and N N N N N N N N N P N N N N P P N N N N N N Publishing Recycling Facility, N N N N N N N N P P N N N N N P P P N N N N Collection 17.30-9 P263 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 Chapter 17.32 Allowed Use Descriptions Sections: Section 17.32.010 Purpose 17.32-1 Section 17.32.020 Allowed Use Descriptions 17.32-1 Section 17.32.010 Purpose The purpose of this Chapter is to describe use classifications listed in Chapter 17.30 (Allowed Land Use by Base Zoning District). Use classifications are land uses that have been grouped into general categories on the basis of common function, product, or compatibility characteristics.This Chapter should be used as a reference for the land use classifications listed throughout this Title. Additional definitions for specialized terms used in the Zoning Code can be found in Article VIII (Glossary). Section 17.32.020 Allowed Use Descriptions The following list represents the complete list of allowed uses by land use classification and corresponding descriptions as used in Table 17.30.030-1 (Allowed Land Uses and Permit Requirements by Base Zoning District) and throughout this Title. Individual use classifications describe one or more uses having similar characteristics, but do not list every use or activity that may appropriately be within the classification.Allowed uses are organized into the following seven use categories as follows: • Residential Uses • Agriculture and Animal-Related Uses • Recreation, Resource Preservation, Open Space, Education, and Public Assembly Uses • Utility, Transportation, Public Facility, and Communication Uses • Retail, Service, and Office Uses • Automobile and Vehicle Uses • Industrial, Manufacturing, and Processing Uses • A. Residential Uses. 1. Adult Day Care Home. Defined by state law as the provision of nonmedical care to six or fewer adults, including seniors, in the provider's own home, for a period of less than 24) hours at a time. Homes serving more than six (6) adults are included in Adult Day Care Facility. 2. Caretaker Housing.A residence that is accessory to a site with a nonresidential primary use and that is needed for security, 24-hour care or supervision, or monitoring of facilities, equipment, or other conditions on the site. 17.32-1 P264 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 automated teller machines (ATM) are considered an accessory use and not part of this definition 10. Bar/Nightclub. Any bar, cocktail lounge, discotheque, or similar establishment, which may also provide live entertainment(e.g., music and/or dancing, comedy — subject to an entertainment permit) in conjunction with alcoholic beverage sales. These facilities do not include bars that are part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. - •_ _ ___ __ __ _ _ _ _ ___ _ __ _ __ - - . Bars and nightclubs may include outdoor food and beverage areas. 11. Bed and Breakfast Inn. A residential structure with one family in permanent residence with up to six bedrooms rented for overnight lodging, where meals may be provided subject to applicable Health Department regulations. A bed and breakfast inn with more than six guest rooms is considered a hotel or motel and is included under the definition of Hotels and Motels. 12. Building Materials Store and Yard. A retail establishment selling lumber and other large building materials, where most display and sales occur indoors. Includes stores selling to the general public, even if contractor sales account for a major proportion of total sales. Includes incidental retail ready-mix concrete operations, except where excluded by a specific zoning district. Establishments primarily selling electrical, plumbing, heating, and air conditioning equipment and supplies are classified in Wholesale, Storage, and Distribution (Heavy, Light and Medium.) Hardware stores are listed in the definition of Retail, General, even if they sell some building materials. Also see Home Improvement Supply Store for smaller specialty stores. 13. Business Support Services. Establishments primarily within buildings, providing other businesses with services such as maintenance, repair and service, testing, rental, etc. Support services include, but are not limited to: a. Equipment repair services (except vehicle repair, see Vehicle Services); b. Commercial art and design (production); c. Computer-related services (rental, repair); d. Copying, quick printing, and blueprinting services (other than those defined as Printing and Publishing); e. Equipment rental businesses within buildings (rental yards are Storage Yards); f. Film processing laboratories; g. Heavy equipment repair services where repair occurs on the client site; h. Janitorial services; 17.32-11 P265 Rancho Cucamonga Development Code Article Ill, Chapter 17.32 unprepared unpackaged food or foodstuffs of any kind. For the purposes of this Section, a mobile food vehicle shall also include any trailer or wagon equipped and used as described in this paragraph and pulled by a vehicle. 41. Mortuary/Funeral Home. A funeral home and parlor, where the deceased are prepared for burial or cremation and funeral services may be conducted. This use does not include Crematorium, which is a separate use classification. 42. Office, Accessory. An office that is incidental and accessory to another business or sales activity that is the primary use(part of the same tenant space or integrated development). The qualification criteria for this definition is that the floor area of the accessory office use shall not exceed 50 percent of the total net habitable or leasable floor area of the tenant space for a single-use development or the combined floor area of an integrated development for a mixed-use project. 43. Office, Business and Professional. This uge listing includes offices of administrative businesses providing direct services to consumers (e.g., insurance companies, utility companies), government agency and service facilities (e.g., post office, civic center), professional offices (e.g., accounting, attorneys, public relations),and offices engaged in the production of intellectual property (e.g., advertising, architecture, computer programming). This use does not include medical offices (see Medical Services, General); temporary offices, or offices that are incidental and accessory to another business or sales activity that is the primary use (see Office, Accessory). Outdoor storage of materials is prohibited. 44. Pawnshop. Any room, store, building, or other place in which the business of pawn brokering, or the business of lending money upon personal property, pawns, or pledges, or the business of purchasing articles from vendors or their assignees at prices agreed upon at or before the time of such purchase, is engaged in, carried on, or conducted. 45. Personal Services. Establishments providing nonmedical services as a primary use, including, but not limited to, barber and beauty shops (including permanent makeup), weight loss clinics, day spas, spiritualist reading or astrology forecasting, clothing rental, dry cleaning pickup stores with limited equipment, home electronics and small appliance repair, laundromats (self- service laundries), shoe repair shops, and tailors.These uses may also include accessory retail sales of products related to the services provided. This use classification does not include massage or tattoo establishments, which are separately classified herein. 46. Restaurant. A retail business selling food and beverages prepared and/or served on the site, for on- or off-premise consumption. Includes eating establishments where customers are served from a walk-up ordering counter for either on- or off-premise consumption and establishments where most customers are served food at tables for on-premise consumption, but may include providing food for take-out. Also includes coffee houses and accessory cafeterias as part of office and industrial uses. Restaurants are divided into four-three categories as follows: 17.32-15 P266 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code a. Restaurant, No Liquor Service. Restaurants that do not serve liquor, including fast food establishments. b. Restaurant, Beer and Wine. Restaurants with liquor services limited to beer and wine for on-site consumption. May also include the brewing of beer as part of a brewpub or microbrewery. c. Restaurant, Full Liquor Service. Restaurants with a full range of liquor service, including beer, wine, and distilled spirits, all for on-site consumption. 47. Retail, Accessory. The retail sales of various products (including food service) in a store or similar facility that is located within a health care, hotel, office, or industrial complex. These uses include but are not limited to pharmacies, gift shops, and food service establishments within hospitals, and convenience stores and food service establishments within hotel, office, and industrial complexes. This use category also includes retail associated with industrial uses for the products sold, distributed, or manufactured on-site. Such retail area shall not exceed 25 percent of the total square footage of the tenant space of a single use development or the combined floor area of an integrated development in a mixed-use project. 48. Retail, General. Stores and shops selling single and multiple lines of merchandise. These stores and lines of merchandise include, but are not limited to, bakeries (all production in support of on-site sales), clothing and accessories, collectibles, department stores, drug and discount stores, dry goods, fabrics and sewing supplies, florists and houseplant stores (indoor sales, only; outdoor sales are plant nurseries and included in the definition of Garden Center/Plant Nursery), general stores, gift shops, hardware, hobby materials, musical instruments, parts and accessories, newsstands, pet supplies specialty shops, sporting goods and equipment, stationery, and variety stores. 49. Retail, Warehouse Club. Retail stores that emphasize the packaging and sale of products in large quantities or volumes, some at discounted prices. Sites and buildings are usually large and industrial in character. Patrons may be required to pay membership fees. 50. Secondhand Dealer. Any business where the primary or ancillary use includes buying, selling, trading, accepting for sale on consignment, accepting for auctioning, or auctioning secondhand tangible personal property such as"cash for gold". This use classification does not include a "coin dealer" or participants at gun shows or events, pawnshops or secondhand stores. 51. Shooting Range. An enclosed firing range with targets for rifle or handgun practice. 52. Smoke Shop. An establishment that either devotes more than 15 percent of its total floor area to smoking, drug, and/or tobacco paraphernalia or devotes more than a 2 foot by 4 foot (2 feet in depth maximum) section of shelf space for display for sale of smoking, drug, and/or tobacco paraphernalia. 17.32-16 P267 Article Ill, Chapter 17.32 Rancho Cucamonga Development Code 6. Manufacturing, Medium. Activities typically include, but are not limited to, manufacturing, compounding of materials, processing, assembly, packaging, treatment or fabrication of materials and products which require frequent large container truck traffic or rail traffic, or the transport of heavy, bulky items. The new products are semi-finished to be a component for further manufacturing, fabrication, and assembly. These types of business establishments are customarily directed to inter-plant transfer or to order from industrial uses, rather than for direct sale to the domestic consumer. Such uses may include, but are not limited to, canned food; textile products; furniture and fixtures; converted paper and paper board products; plastic products made from purchased rubber, plastic, or resin; fabricated metal products made from sheet metal; electrical and electronic machinery, equipment,and supplies; and office, computing, and accounting machines. These activities may produce noise, odors, vibrations, illumination, or particulates that affect persons residing in or conducting business in the vicinity. Where 24-hour, on-site surveillance is necessary, a caretaker's residence may be permitted when approved by a Conditional Use Permit. 6 7. Microbrewery. A small-scale brewery operation dedicated to the production of specialty beers and producing less than 15,000 barrels (465,000 U.S. gallons) per year. Ancillary on-site tasting and/or retail sales of beers produced on-site for off-site consumption may be permitted when approved by a Conditional Use Permit. 78. Printing and Publishing. Establishments engaged in printing by letterpress, lithography, gravure, screen, offset, or electrostatic(xerographic)copying, and other establishments serving the printing trade including bookbinding, typesetting, engraving, photoengraving, and electrotyping. This use also includes establishments that publish newspapers, books, and periodicals, and establishments manufacturing business forms and binding devices. Does not include "quick printing" services or desktop publishing which are included in Business Support Services. 8,9. Recycling Facility — Collection. A recycling facility used for the acceptance by donation, redemption, or purchase of recyclable materials from the public that does not occupy more than 500 square feet. This classification may include a mobile unit, kiosk-type units that may include permanent structures, and unattended containers placed for the donation of recyclable materials. Also includes so-called "reverse vending machines," an automated mechanical device that accepts one or more types of empty beverage containers including, but not limited to, aluminum cans, glass bottles, and plastic bottles, and issues a cash refund or a redeemable credit slip with value of not less than the container's redemption value as determined by the State. 9-10. Recycling Facility — Processing. A recycling facility located in a building or enclosed space and used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment or to an end-user's specifications by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Collection of recycling materials as the sole activity is included in the definition of Recycling Facility—Collection. 17.32-20 P268 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 Chapter 17.36 Development Standards by Base Zoning District Sections: Section 17.36.010 Development Standards for Residential Zoning Districts 17.36-1 Section 17.36.020 Development Standards for Mixed Use Zoning Districts 17.36-12 Section 17.36.030 Development Standards for Commercial & Office Zoning Districts ..17.36-14 Section 17.36.040 Development Standards for Industrial Districts 17.36-18 Section 17.36.050 Development Standards for Open Space Zoning Districts 17.36-24 Section 17.36.010 Development Standards for Residential Zoning Districts A. Purpose and Applicability. The purpose of this Section is to establish minimum development standards that are unique to development projects within Residential Zoning Districts. Development standards in this Section apply to all land designated on the Zoning Map within a Residential Zoning District. B. Residential Districts Described. As identified in Chapter 17.26 (Establishment of Zoning Districts), the city includes six Residential Zoning Districts: 1. Very Low (VL) 2. Low(L) 3. Low Medium (LM) 4. Medium (M) 5. Medium High (MH) 6. High (H) C. Residential Site Development Standards. General site development standards for Residential Zoning Districts are listed in Table 17.36.010-1 (Development Standards for Residential Zoning Districts). These development standards supplement the development standards in Article IV (Site Development Provisions) that apply to all zoning districts (e.g., parking, signs, landscaping, lighting). 17.36-1 P269 Article Ill, Chapter 17.36 Rancho Cucamonga Development Code TABLE 17.36.010-1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DISTRICTS Development Standard/ Zoning District VL L LM M Lot Area (minimum) 20,000 sf 7.200 sf 5,000 3 ac(1) Lot Area (minimum net avg) 22,500 sf 8,000 sf 5,000 3 ac(1) Lot Width(minimum) 90 ft(2) 65 ft(2) n/a Lot Width(corner lot) 100 ft 70 ft n/a Lot Depth (minimum) 200 ft 100 ft n/a Minimum Frontage 50 ft 40 ft 30 ft 100 ft 100 ft 100 ft Minimum Frontage(flag lot) 30 ft 20 ft 20 ft 50 ft 50 ft 50 ft Allowed Density(dwelling units per acre) Minimum Density(3) n/a : • - - du/ac Maximum Density 2 du/ac 4 • : • • - • du/ac Minimum Setback Front Yard (5) 42 ft(6) 37 ft(6) 32 ft Cb' 37 ft,E n/a nla Corner Side Yard (5) 27 ft 27 ft 22 ft 27 ft n/a n/a Interior Side Yard (5) 10/15 ft 5/10 ft 5/10 ft 10 ft(7) n/a n/a Rear Yard(5) 60 ft 20 ft 15 ft 10 ft(7) n/a n/a At Interior Site Boundary (Dwelling/Accessory NR(8) 15/5(7) 15/5(7) 15/5(7) Building) Building Height(maximum in feet)(9) Primary Buildings 35 ft 35 ft 35 ft 35 ft(10) 40 ft(10) 55 ft(10' Lot Coverage(maximum lot coverage with buildings as a percentage of the parcel or project) Lot Coverage 25% 40% 50% 50% 50% 50% Open Space Requirement (minimum percentage of open space per parcel or project) Private Open Space T 1 1 sf (Ground Floor/Upper Story) 300/150 sf 225/150 sf 150/100 sf 50/ 00 s Open Space(Private and 40% 35% 35% 35% Common) Minimum Patio/Porch Depth 6 ft X11' 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11) 6 ft(11> Minimum Dwelling Unit Size (12) Single-Family (attached and detached) 1,000 sf Multi-Family(13) y 550 sf Efficiency/Studio Multi-Family(13) 650 sf One Bedroom 17.36-2 P270 Rancho Cucamonga Development Code Article III, Chapter 17.36 Development Standard/ VL L LM M MH H Zoning District Multi-Family(13) Two Bedroom 800 sf Multi-Family(13) 950 sf Three or More Bedrooms Distance Between Building/Structure Fronts(8)(14)(minimum) Between no buildings with patio g p — — 30 ft 30 ft 30 ft 30 ft or recessed patio Between patio fence/wall less 15 ft 15 ft 15 ft 15 ft than 5 feet in height Between patio fence/wall more 20 ft 20 ft 20 ft 20 ft than 5 feet in height Between balconies above patio fence/wall more than 5 feet in — — 20 ft 20 ft 20 ft 20 ft height • Between a patio fence/wall and 20 ft 20 ft 20 ft 20 ft a building wall With common patio fence/wall — — 30 ft 30 ft 30 ft 30 ft Other Miscellaneous Building Setback Requirements(8) (minimum) Building to one-story detached garage/carport or other 6 ft/15 ft 15 ft 15 15 accessory structure • Building to wall or curb at 20 ft 20 ft 20 ft 20 ft project entry Table Notes: (1) On existing lots of record,parcels less than 3 acres or less than the required minimum frontage may only be developed at the lowest end of the permitted density range. (2) Average width, which shall vary accordingly: VL-+/-10 feet L&LM-+/-5feet (3) Excluding land necessary for secondary streets and arterials and in hillside areas shall be dependent on the slope/capacity factor contained in Chapter 17.52(Hillside Development Standards). (4) Developing multi-family in the LM district and single-family in the M district at the maximum density requires compliance with Standards for Higher Residential Densities as outlined in Subsection 17.36.010.D. (5) Setbacks are measured between the structure and curb face in front yards and corner side yards. Setbacks are measured between the structure and property line in rear yards and interior side yards. (6) Average setback, which shall vary+/-5 feet. - • -- •.. - - - -- • . . - •- -• • - to5footto. . . . .. . . ... . . . . . . (7) Add 10 feet if adjacent to VL, L,or LM district. (8) Applies to buildings two stories and taller in height.Add 10 more feet for each story over two stories. (9) In hillside areas,heights shall be limited to 30 feet. (10) Limit one story within 100 feet of VL or L district for multiple-family dwellings. (11) Free and clear of obstructions. (12) Senior citizen projects are exempted from this requirement. (13) To assure that smaller units are not concentrated in any one area or project,the following percentage limitations of the total number of units shall apply: 10% for efficiency/studio and 35% for one bedroom or up to 35% combined. Subject to a Conditional Use Permit,the Planning Commission may authorize a greater ratio of efficiency or one-bedroom units when a development exhibits innovative design qualities and a balanced mix of unit sizes and types. (14) "Front"is defined as the face of the building or unit with the major glass area and/or major recreation area and may include access to that private recreation area. This access may or may not relate to the primary entrance to the building that faces the street or drive;therefore,some buildings may have more than one front. 17.36-3 P271 Rancho Cucamonga Development Code Article Ill, Chapter 17.36 F. Other Miscellaneous Residential Development Standards. 1. Zero Lot Line. The dwelling unit may be placed on one interior side property line with a zero setback, and the dwelling unit setback on the other interior side property line shall be a minimum of ten feet (10'), excluding the connecting elements such as fences, walls, and trellises. Pools, decks, garden features, and other similar elements shall be permitted within the ten foot (10') setback area, provided, however, no structure, with the exception of fences or walls, shall be placed within easements required below. Where adjacent zero lot line dwellings are not constructed against a common lot line, the builder or developer must provide for a perpetual wall maintenance easement of five feet (5') in width along the adjacent lot and parallel with such wall. 2. Usable Yard Area. For single-family detached/semi-detached subdivisions, a minimum fifteen feet (15') of flat, usable rear yard area shall be provided between the house and top or toe of non-retained slope banks or to the retaining wall in the case of retained cut or fill per City grading standard drawings. However, in areas of hilly or sloped terrain where grading is being designed to minimize alteration to the natural land form, usable open space should be provided in the form of decks, patios, balconies, or some similar form of built structure designed to fit the natural topography rather than as graded level yard area. 3. Visitor Parking. For projects with private streets or driveways, visitor parking required by Chapter 17.64 (Parking and Loading Standards) shall be provided in off-street visitor parking bays within one hundred fifty feet (150') of all dwelling units. Visitor parking shall be clearly delineated through proper signage. Signage may include, but is not limited to, pavement marking, freestanding signs designating the stalls as visitor parking, and directory signs guiding visitors to the visitor parking area. 4. Driveway Depth/Width. All lots within single-family detached and semi- detached residential developments shall have driveways designed to accommodate the parking of two (2) automobiles in a manner that does not obstruct sidewalks or streets. Driveways shall have a minimum depth of nineteen feet (19') and width of eighteen feet (18'). Drive approach shall be developed per City standards. 5. Amenities. To enhance the quality of life for multi-family development, additional amenities shall be required as follows: a. Storage Space. Each unit shall be provided with a minimum of one hundred twenty-five (125) cubic feet of exterior lockable storage space. The storage space shall be located outside of the dwelling at grade or floor level and easily accessible by the residents. The design of the exterior storage space shall be architecturally integrated and/or compatible to the dwellings. The individual storage space units can be located within the fully enclosed garages designated for that dwelling unit. 17.36-7 P272 Article Ill, Chapter 17.36 Rancho Cucamonga Development Code b. Laundry Facility. Each unit shall be provided with a hookup for a washing machine and clothes dryer in the interior of the dwelling, or common laundry facilities shall be provided and equipped with washing machines and clothes dryers at a rate of one washing machine and clothes dryer per five (5) units. Common laundry facilities should be conveniently located for all residents within the complex. Common laundry facilities can be within freestanding buildings, attached to dwelling units, or within the recreation room. The design of the common laundry facilities shall be architecturally compatible to the dwellings. 6. Roofing Materials.All new and existing development within Residential Zoning Districts shall have roofing material made of tile, or the imitation thereof, but not including composition shingles. Other roofing materials such as metal, slate, or the imitation thereof, but not including composition shingles, may be approved by the approval authority if it is determined that the roof material enhances the building design. Any replacement of existing roofing materials shall be consistent with the existing material or upgraded to a higher quality roofing material. For example,a composition shingle roof can be replaced with composition shingles or can be upgraded to higher quality roofing material such as tile or slate. 6,7. Roof Mounted Air Conditioning Units. Replacement of existing permitted roof mounted Air Conditioning units that are located on residential development may be permitted. All other proposed roof mounted Air Conditioning units shall be placed entirely out of public view. 7.8. Slope Planting. Slope banks 5 feet or greater in vertical height and of 5:1 or greater slope, but less than 2:1 slope, shall be, at minimum, irrigated and landscaped with appropriate groundcover for erosion control. Slope banks 5 feet or greater in vertical height an of 2:1 or greater slope shall be landscaped and irrigated for erosion control and to soften their appearance as follows: one 15-gallon or larger size tree per each 150 square feet of slope area, one 1- gallon or larger size shrub for each 100 square feet of slope area, and appropriate groundcover. In addition, slope banks in excess of 8 feet vertical and of 2:1 or greater slope shall also include one 5-gallon or larger size per each 250 square feet of slope area. Trees and shrubs shall be planted in staggered clusters to soften and vary slope plane. Slope planting required by this section shall include a permanent irrigation system to be installed by the developer prior to occupancy. Maintenance by a Homeowners' Association may be required by the Planning Commission on a case-by-case basis. G. Special Streetscape. It is the intent of this Section to create streetscape standards for landscape, building, and parking setbacks that help to identify the function of streets and to improve the scenic quality of the community. Table 17.36.020-3 sets forth the minimum setbacks based on street classification in the General Plan Circulation Plan. These setbacks shall be required of all new developments that contain or abut any one of the street classifications listed in the table. Setbacks shall be measured from the face of the ultimate curb location. 17.36-8 P273 -a'c b a ` O O E t oo g , C41 O a c ° w• a COI_ (0 (0 (0 O `0 f`0 0 c ° b o r r r It) 4 C C C • j te a. °' E a 4,. A ° E a o O E " E v J MI O v u v u",--, <0 — m m o E w o >- % a 'a U ti v <0 y V " a a) R Cu - a -a { v w E O ` = ° • r f. 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The intent of these regulations is to encourage outdoor displays and activities that are compatible with associated and nearby uses and do not obstruct pedestrian or vehicle circulation or create an unsightly appearance of unrestricted clutter. Section 17.60.020 Permit Requirements, Exemptions, and Liabilities The following outdoor activities shall be subject to the permit requirements as listed below. A. Permanent Outdoor Display and Sales. If the display and sales are part of the primary use it is permitted by right, subject to the provisions of Section 17.60.030.8. (Standards for Outdoor Display and Sales). If not part of the primary use then permanent outdoor display and sales may be permitted with the issuance of a Conditional Use Permit (CUP). B. Temporary Outdoor Display and Sale. Permitted in commercial districts with the issuance of a Temporary Use Permit (TUP) and subject to the provisions of Section 17.60.030.8 (Standards for Outdoor Display and Sales). C. Permanent Outdoor Storage. Permanent outdoor storage is allowed in conjunction with the primary use if approved as part of the original planning entitlement request. New permanent outdoor storage requested in conjunction with an existing use or development shall require issuance of a Conditional Use Permit in accordance with Section 17.16 (Permits and Entitlements Decided by the Planning Director). D. Temporary Outdoor Storage. Temporary outdoor storage shall require the issuance of a Temporary Use Permit pursuant to and consistent with the requirements of Section 17.16.070 (Temporary Use Permit). The uses and activities listed below shall be exempt from the requirement for a Temporary Use Permit. 1. Storage of construction materials and equipment as part of an active construction site, provided a valid Building Permit or Improvement Permit is in effect and the materials and equipment are stored on the construction site pursuant to approved permit(s). 2. Emergency facilities to accommodate emergency public health and safety needs and activities. 17.60-1 P275 Article IV, Chapter 17.60 Rancho Cucamonga Development Code E. Outdoor Dining Areas. If not part of the original development permit for the principal use, outdoor seating may be permitted in all zoning districts except for residential zoning districts, subject to approval of an Conditional Use Permit as established in Section 17.16.120 (Conditional Use Permit) and any other applicable entitlements (e.g., Minor Design Review). In all cases, permanent outdoor seating shall be consistent with the development standards of this Chapter. 1. Required Findings for Approval of Outdoor Seating. The designated approving authority may issue a Conditional Use Permit (Section 17.16.120) if the proposed outdoor seating: a. Allows for a continuous pedestrian path of travel of at least four feet(4') in width and would not obstruct fire, pedestrian, and wheelchair access. b. Does not unduly interfere with pedestrian traffic on the sidewalk. c. Does not unduly interfere with access of public employees and utility workers to meters, fire hydrants, or other objects (street hardware) in the right-of-way. d. Allows for unobstructed view of necessary authorized traffic devices. Section 17.60.030 Development, Operation, and Maintenance A. General Development Standards for All Activities. The development standards listed below apply to all outdoor display, sales, and storage activities. 1. Location. Outdoor activities may be located within the public right-of-way, in required parking spaces or in designed vehicle drive aisles, or within required landscape planter areas only where permitted with the issuance of an Encroachment Permit, or in accordance with the requirements of a Conditional Use Permit, pursuant to the requirements of Section 17.16.120 (Conditional Use Permit) or a Temporary Use Permit, pursuant to the requirements of Section 17.16.070 (Temporary Use Permit). Outdoor activities shall occupy a fixed, specifically approved location that does not disrupt the normal function of the site or its circulation and does not encroach upon required setbacks, public rights-of-way, driveways, emergency vehicle/fire access lanes, landscaped areas, parking spaces, pedestrian walkways or pathways, bicycle lanes, seating, enhanced pedestrian amenities, such as trash receptacles and drinking fountains, or any other requirement listed in the Building Code. 2. Hours of Operation. Except as otherwise provided, hours of operation for outdoor activities shall be consistent with those for the corresponding primary use. 3. Noise. Any noise generated by the outdoor activity shall be consistent with the City's Noise Ordinance. • 4. Signs. No additional business identification or advertising signs for the outdoor activity may be permitted above the maximum allowable sign area for the corresponding primary use as established in Chapter 17.74 (Sign Regulations 17.60-2 P276 Rancho Cucamonga Development Code Article IV, Chapter 17.60 for Private Property), except when the outdoor activity is the primary use (e.g., Christmas tree lot). 5. Maintenance. Outdoor activity areas shall be kept free of garbage and other debris, and shall not encroach into required sidewalk clearance areas as follows: all outdoor activity areas shall leave a minimum horizontal clear space of six feet (6') or such greater amount of clear space as the Public Works Director finds necessary to protect and enhance pedestrian and vehicle traffic in the sidewalk area. B. Standards for Outdoor Display and Sales. The following development standards shall apply to all permanent and temporary outdoor display and sales activities: 1. Associated with the Primary Use. All outdoor display and sales activities shall be associated with the primary use of the property. Only those goods and services associated with the primary use may be stored, sold, or displayed. All outdoor display and sales activities that are independent of the primary use shall be considered their own primary use and regulated as such. 2. Maximum Area. Unless otherwise authorized by a Conditional Use Permit, the area used for permanent outdoor display and sales of materials shall not exceed ten percent (10%) of the gross floor area of the corresponding commercial building. Vehicle and equipment sales and rentals (e.g., automobile, boat, RV, construction equipment) are exempt from this requirement, provided storage and display is limited to vehicles offered for sale or rental only and all other development code requirements are satisfied. 3. The aggregate display area shall not exceed twenty-five percent (25%) of the linear frontage of the store front or six (6) linear feet, whichever is greater and items may not project more than four feet (4') from the store front. 4. Height Limit. Displayed outdoor sales, other than plant materials for sale (e.g., Christmas trees, nursery trees) shall not exceed a height of six feet (6') above finished grade, unless a greater height is allowed through Use Permit approval. 5. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the City. 6. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. 7. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs in part or in whole an emergency vehicle/fire access lane; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance. 17.60-3 P277 Rancho Cucamonga Development Code Article IV, Chapter 17.82 Chapter 17.82 Water Efficient Landscaping Sections: Section 17.82.010 Purpose and Intent 17.82-1 Section 17.82.020 Applicability 17.82-1 Section 17.82.030 Exceptions 17.82-1 Section 17.82.040 Development of a Water Budget 17.82-2 Section 17.82.050 Landscape Design Guidelines 17.82-3 Section 17.82.060 Soil and Grading Requirements 17.82-4 Section 17.82.070 Implementation 17.82-5 Section 17.82.080 Compliance/Enforcement 17.82-7 Section 17.82.090 Recycled Water 17.82-7 Section 17.82.100 Stormwater Management 17.82-8 Section 17.82.010 Purpose and Intent This Chapter implements the model ordinance adopted by the State of California pursuant to Government Code §65595 to require the efficient use of water resources. Section 17.82.020 Applicability A. This Chapter shall apply to the following: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total landscape area equal to or greater than twenty-five hundred (2,500) square feet requiring a building permit, plan check, or design review. 16. New construction and rehabilitated landscapes which are developer-installed residential projects with a total landscape area equal to or greater than twenty- five hundred (2,500) square feet requiring a building permit, plan check, or design review. 17. New construction projects which are homeowner-installed residential projects with a total landscape area equal to or greater than five thousand (5,000) square feet requiring a Building Permit, Plan Check, or Design Review. Section 17.82.030 Exceptions A. This Chapter does not apply to: 1. Registered local, state, or federal historical sites. 18. Ecological restoration projects that do not require a permanent irrigation system. 19. Mined-land reclamation projects that do not require a permanent irrigation system. 20. Botanical gardens and arboretums open to the public. 17.82-1 P278 Article IV, Chapter 17.82 Rancho Cucamonga Development Code Section 17.82.040 Development of a Water Budget A. Intent. In order to conserve water, applicable projects shall develop a water budget. The water budget is based on the Maximum Applied Water Allowance (MAWA), which is a calculation of the maximum amount of water allowed to be used within the landscape area, and the Estimated Total Water Use (ETWU), which is the actual amount of water to be used within the landscape area. The ETWU cannot exceed the MAWA. B. Establishing a Water Budget. 1. Maximum Applied Water Allowance. A landscape's maximum applied water allowance shall be calculated using the following formula: MAWA = (ETo) (0.627) (LA) [(0.€47) + (.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance ETo = Evapotranspiration Rate 0.7 = Evapotranspiration (ET) Adjustment Factor LA = Landscape Area 0.62 = Conversion factor(to gallons) SLA = Special Landscape Area 21. Estimated Total Water Use. A landscape's Estimated Total Water Use shall be calculated using the following formula: ETWU =(ETo)(0.62)YPFxHA +SLA I 0.71 J Where: ETWU = Estimated Total Water Use ETo = Evapotranspiration Rate 0.62 = Conversion factor(to gallons) PF = Plant Factor HA = Hydrozone area (square feet) 0.71 = Irrigation efficiency SLA = Special Landscape Area (square feet) The evapotranspiration rate(ETo)for both calculations shall be consistent. The evapotranspiration rate (ETo)will be derived from current reference data, such as from the California Irrigation Management Information System (CIMIS) or other equivalent data, as determined by the Planning Director. 17.82-2 P279 Rancho Cucamonga Development Code Article V, Chapter 17.104 Chapter 17.104 Temporary Uses • Sections: Section 17.104.010 Purpose 17.104-1 Section 17.104.020 Permit Requirements and Exemptions 17.104-1 Section 17.104.030 General Development Standards for Temporary Uses 17.104-2 Section 17.104.040 Standards for Specific Temporary Uses 17.104-3 Section 17.104.010 Purpose The purpose of this Chapter is to establish development standards for temporary activities and land uses to ensure the overall health, safety, and general welfare of the community is maintained. Section 17.104.020 Permit Requirements and Exemptions Uses of property (including land, buildings, and structures) and activities that are temporary in nature shall comply with the permit requirements described below. The process for application for and review and issuance of a Temporary Use Permit shall be as described in Section 17.16.070 (Temporary Use Permit). A. Temporary Use Permit Required. The following temporary activities and uses may be allowed, subject to the issuance of a Temporary Use Permit prior to the commencement of the activity or use and subject to the requirements within this Section. 1. Construction yards, storage sheds, and construction offices (off-site) in conjunction with an approved construction project, where the yard is located on a site different from the site of the approved construction project. 2. Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e.g., race at a raceway). 3. Farmers markets, as defined in this Title, held on public or private property. 4. Swap meets, as defined in this Chapter, including flea markets, rummage sales, and similar events held on public or private property. 5. Seasonal sales as defined in this Chapter (e.g., Halloween, Christmas), including temporary residence/security trailers. 6. Temporary sales offices as defined in this Title. 7. Fruit and vegetable stands (related to on-site business). 8. Outdoor display of merchandise as accessory to current on-site business. 17.104-1 P280 Rancho Cucamonga Development Code Article V, Chapter 17.104 Standards for height, off-street parking, setbacks, and other structure and property development standard that apply to the category of use or the zoning district of the subject parcel shall apply to all temporary activities. Section 17.104.040 Standards for Specific Temporary Uses The following standards shall apply to the specific temporary uses described below. A. Temporary Office Modules. 1. A master plan for development of permanent buildings shall be submitted in conjunction with such request. 2. The design of the office modules shall have a look of permanence, as much as practicable. This shall include such actions as screening temporary foundations, screening utility equipment, and using overhangs, walkways, and stepped roofs to mitigate the temporary appearance. 3. The approval of temporary office modules shall require necessary street improvements, grading, drainage facilities, and landscaping. Displays-and Sat is-. -- - - - -- -- - 1. Fruit and vegetable stands (related to on site business). 2. Outdoor display of merchandise as accessory to current on site business. 3. Outdoor recreation uses. 4. Parking lot and sidewalk sales (see Subsection C below). 5. Other activities and uses similar to those above as determined by the Planning Director- C-B. Parking Lot and Sidewalk Sales. Parking lot and sidewalk sales may be permitted on private property in the commercial/retail areas of the city, including retail/wholesale businesses located in industrial areas, in connection with current on-site businesses, subject to the approval of a Temporary Use Permit as provided in Section 17.16.070 (Temporary Use Permits) and the following criteria: 1. Each sale is limited to a minimum of three (3) consecutive days, with a maximum of nineteen (19) days per calendar year, unless authorized by a Conditional Use Permit.- 2. No sale for any single business or any other businesses located on the same lot or parcel, or within a shopping center, shall be permitted within thirty (30) days of another sale. 17.104-3 P281 Rancho Cucamonga Development Code Article VII, Chapter 17.122 Chapter 17.122 Design Provisions by Development Type Sections: Section 17.122.010 Residential Development 17.122-1 Section 17.122.020 Hillside Development 17.122-9 Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 Section 17.122.040 Foothill Boulevard 17.122-35 Section 17.122.050 Haven Avenue 17.122-53 Section 17.122.060 Signs 17.122-58 Section 17.122.010 Residential Development The design standards and guidelines contained in this Section are supplemental to Chapter 17.120 (General Design Provisions). A. Single-Family Home Designs. Placement of houses in single-family subdivisions is an important element in creating a functional, quality living environment. Single-family residential development should promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing tracts characterized by repetitious street scenes of nearly identical two-story houses built at the minimum setback lines are not desirable. Generally, it requires the use of a combination of design concept solutions to achieve the goal of creating varied, interesting, and attractive streetscapes. 1. Standards. a. At least twenty-five percent (25%) of all single-family detached units in any single-family residential development in a Residential Development District consisting of four(4) or more units should be single-story units. The number of single-story units may be reduced on a case-by-case basis when needed to serve the purposes of the Development Code and when justified by such considerations as location, lot size, and topography. b. Provide extra-deep setbacks for two-story houses on corner lots. c. Provide larger side yard setback (e.g., ten to twelve feet (10-12') minimum) on garage side of lot to allow vehicular access to the rear yard. d. Locate driveways as far as possible from intersections. e. Substantially vary front yard setbacks. f. Vary garage treatments such as detached and semi-detached, side and rear entries, etc. g. On flag lots, use twelve-foot (12') width for that portion of the driveway providing access to the garage to minimize concrete and maximize landscaping potential. 17.122-1 P282 Article VII, Chapter 17.122 Rancho Cucamonga Development Code shall be designated as common open space rather than private open space. vi. Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. c. The Fire Chief may require brush, vegetation, or debris to be removed and cleared on each side of every roadway and access drive in accordance with the Municipal Code and Fire District codes and standards, and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers, provided they conform to Fire District codes and standards. As used in this Section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel. d. If the Fire Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance of vegetation undesirable or impractical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. e. Restrict structures and facilities from geologically hazardous areas. f. Require special construction features in the design of structures where site investigations confirm potential geologic hazards. g. The Friant Escondido and Ramona/Arlington soil associations are not suitable for on-site wastewater disposal. Development not on public sewers within areas generally defined as being either of these associations shall be permitted only after site-specific investigations have been conducted that demonstrate the soils are suitable and the disposal of wastewater will not degrade the subsurface water quality. h. The Tujunga-Delhi soil association may have soil-bearing capabilities that could limit some development. Structures proposed on this soil type should be permitted only after a site-specific investigation has been performed that indicates the soils can adequately support the weight of the structure. For all development within the Alquist-Priolo or City-adopted "Special Study Zone," a statement shall be included on every deed, for each lot or parcel, which informs the prospective owner of the potential for seismic activity and the potential hazard. Section 17.122.030 Commercial, Office, and Industrial Development 17.122-32 P283 Rancho Cucamonga Development Code Article VII, Chapter 17.122 The majority of design standards and guidelines for commercial, office, and industrial development are provided in Chapter 17.120 (General Design Provisions). This Section contains only those provisions that are unique to commercial, office, and/or industrial development. A. Special Site Design Provisions. 1. Standards. a. Provide employee break areas for office and industrial projects, and provide plazas where employees can rest and eat lunch, preferably away from public entrances to buildings, loading areas, or other high- traffic areas. Provide tables and/or benches, and shade trees and/or shade structures. Break areas shall be designed and sized to comfortably accommodate furniture and amenities, should have a minimum size of five hundred (500) square feet and have seating for at least ten percent (10%) of the anticipated workforce. b. Screen drive-through lanes from public view by orienting the building and a combination of landscaping, berming, and low screen walls. c. For shopping centers, vending machines and newspaper racks are to be recessed into the building facade. d. Completely screen long-term shopping cart storage. 2. Guidelines. a. For commercial projects, give special attention to creating pedestrian scale and an inviting place for pedestrians to shop. b. Site amenities, such as walls, hardscape, street furniture, trash enclosures, lighting, and monument signs, should be designed as part of the total architectural package for the project. c. Integrate signs into the architectural program. B. Parking Areas. The following standards and guidelines apply: 1. Standards. a. Screen parking areas from public view with mounding, landscaping, low walls, grade differentials, and building orientation. b. For parking areas, include one(1)tree for every three (3) parking stalls for shade. 2. Guidelines. a. Distribute parking evenly throughout a site instead of concentrating all in one large parking lot. 17.122.33 P284 Article VII, Chapter 17.122 Rancho Cucamonga Development Code b. Consider the types of users desired and plan the project accordingly rather than trying to maximize building floor area. c. Parking areas should not be the dominant element in the overall design of a project and should be designed to minimize visual disruption. d. Parking areas should be screened from streets through a combination e-d. The design of parking areas should also minimize auto noise, light and glare, and ambient air temperature. This can be accomplished through the use of sound walls, general location, use of well-designed lights, and landscaping throughout the parking lot. 1. Standards. a. Twenty percent(20%)of trees planted with industrial projects and thirty •o .. arc to be twenty four inch (24")-box-size. ac. Pedestrian Orientation. 1. Guidelines. a. Colonnades or loggias and other covered walkways or structures that provide shade to pedestrian spaces shall be utilized whenever possible. b. At street level, the use of building materials and building details that relate to human activity shall be required where appropriate. c. Convenient pedestrian circulation shall be provided throughout all projects to connect public streets, parking areas, and public transit facilities with buildings and pedestrian open spaces. d. Open spaces shall be integrated with pedestrian walks and defined by landscaping and other elements to create a sense of place. e. Where possible, open spaces shall be accessible to the public. f. Street Furniture. Benches, light standards, kiosks, drinking fountains, trash receptacles,and other street furniture in on-site open spaces shall be designed in a coordinated fashion to enhance the appearance and function of the site and open space. g. Pedestrian areas shall be highly visible and well lit. &D. Special Architectural Provisions. 1. 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D ° 0 3 c� a 3 m µe - P285 STAFF REPORT a CITY MANAGER'S OFFICE L i_ RANCHO Date: July 2, 2014 CUCAMONGA To: Mayor and Members of the City Council From: John R. Gillison, City Manager Subject: UPDATE ON 2014 CITY COUNCIL GOALS In January 2014 the City Council held a workshop to review the status and achievements of goals set in prior years, as well as establish new goals. As can be seen on the attached Goals, since January 2014 many of the goals established by the City Council have been completed, or are near completion. The projects that were placed "On Hold" at the January 2014 workshop are still recommended to be placed on hold. Staff will provide a more detailed review of the goals during the City Council presentation. Respectfully Submitted, John R. 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Fr; -• w o w _77- o m o m (n 3 cD ,C Q 7- °- �• w (n .B S °' (D 0 3 co c m Q N CD P292 STAFF REPORT - y RANCHO CUCAMONGA FIRE PROTECTION DISTRICT RANCHO DATE: July 2, 2014 CUCAMONGA TO: President and Members of the Board of Directors John R. Gillison, City Manager FROM: Mike Bell, Fire Chief BY: Don Cloughesy, Deputy Fire Chief Pamela Pane, Management Analyst II Ruth Cain, CPPB, Acting Senior Buyer SUBJECT: APPROVAL TO AUTHORIZE AN INCREASE TO CONTRACT NO. FD13- 019 IN THE AMOUNT OF $1,237,500.00 ($1,125,000.00 PLUS A TEN PERCENT (10%) CONTINGENCY) TO HMC ARCHITECTS AND APPROVE AMENDMENT NO. 02 FOR THE ADDITION OF PHASE II ARCHITECTURAL, CIVIL, ELECTRICAL, MECHANICAL AND STRUCTURAL ENGINEERING SERVICES TO THE ORIGINAL ARCHITECTURAL DESIGN SERVICES FOR THE FIRE DISTRICT TRAINING CENTER, IN ACCORDANCE WITH THE PROPOSAL DATED MAY 22, 2014, FUNDED FROM ACCOUNT NO. 3288501-5650/1735288- 6311 (CAPITAL PROJECT — TRAINING FACILITY) AND APPROVE AN APPROPRIATION IN THE AMOUNT OF $1,237,500.00 FROM FIRE DISTRICT CAPITAL RESERVES TO ACCOUNT NO. 3288501- 5650/1735288-6311 RECOMMENDATION Staff recommends authorization to increase Contract No. FD13-019 in the amount of $1,237,500.00 ($1,125,000.00 plus a ten percent (10%) contingency) to HMC Architects and approve Amendment No. 02 for the addition of Phase II Architectural, Civil, Electrical, Mechanical and Structural Engineering Services to the original Architectural Design Services for the Fire District Training Center, in accordance with the proposal dated May 22, 2014, funded from Account No. 3288501-5650/1735288-6311 (Capital Project — Training Facility) and approve an appropriation in the amount of $1,237,500 from Fire District Capital Reserves to Account No. 3288501-5650/1735288-6311. BACKGROUND/ANALYSIS The Training Center represents the final phase of the Jersey Fire Station site plan, which was created nearly 25 years ago. The first phase opened in 1992 when the Jersey Fire Station became operational. In 2004, the District completed the second phase of the site with the opening of the Fire Maintenance Facility. Additionally, the Training Center project has been included in the list of adopted Council goals for the past four years. P293 PAGE 2 RE:AWARD PHASE II OF CONTRACT TO HMC ARCHITECTS FOR FIRE TRAINING FACILITY JULY 2, 2014 HMC Architects was awarded the first phase of the architectural design in December of 2013. Since that time, Fire District personnel have worked with HMC staff to prepare a conceptual design and the scope of the Phase I contract is complete. HMC has done an exceptional job in working with Fire District staff on a design that will provide a training environment to develop and maintain the multidisciplinary skills needed for personnel. Highlights of the project: • Design and construction costs were set aside, through many years of planning and budgeting, and are fully funded from Fire District Capital Reserves. • As designed the Training Center will provide realistic, adaptable and reusable facilities for training public safety personnel. Features are designed to simulate single and multi-family residential structures and a variety of commercial and industrial applications including multi-story buildings. • The facilities will allow for live burning of wood or propane as air quality regulations change over time. • Offers potential joint training opportunities with regional and community partners. • Will be designed to be durable, sustainable and include innovative and environmentally conscious ways to recycle all the training water used on site. • Includes meeting rooms (that can be available for community use), with capabilities for video and teleconferencing, and a public education facility. In April 2013, the Purchasing Division, in coordination with the District, solicited a Request for Qualifications (RFQ) to create a list of architectural firms to participate in a Request for Proposal (RFP) process to select a finalist. The District provided a scope of work to Purchasing to prepare a formal RFQ. As a result, one-hundred and twenty-four (124) firms were notified, seventy (70) firms downloaded the solicitation, and twelve (12) RFQ responses were received and considered responsive. After a thorough evaluation process of the RFQ responses, the Committee qualified three firms to participate in a RFP process. Through that RFP process, HMC was chosen and awarded Phase I of the Architectural Design Services for the Fire District Training Center in December of 2013. At that time, the Fire District informed the Board that the Fire District would come back to the Board for approval of Phase II based on HMC's performance on Phase I. HMC Architect's project team has exceeded the Fire District's expectations for performance on the Phase I design work. Therefore, staff recommends approval of Amendment No. 02 for the addition of Phase II Architectural, Civil, Electrical, Mechanical and Structural Engineering Services to the original Architectural Design Services for the Fire District Training Center, in accordance with the proposal dated May 22, 2014. The amount of the Phase II fee is based on the overall construction cost estimate. Once the Phase II drawings are completed, the final project will be brought back before the Board for review and approval to release bid documents. All documentation is on file in the Purchasing Division. Respectfully Submitted, tie Fire Chief • ., ' iret i p w , . At . ,„„,... 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