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HomeMy WebLinkAbout04-80 - Resolutions RESOLUTION NO. 04-80 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY OF RANCHO CUCAMONGA ENTER INTO DEVELOPMENT AGREEMENT DRC2003-00411, ASSOCIATED WITH TENTATIVE TRACT MAP SUBTT14749, AS PROVIDED FOR IN SECTION 65864 OF THE CALIFORNIA GOVERNMENT CODE; AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0225-083-05, 06, 07, 10, 22, 23, 25, and 26, and 0225-084-02. A. Recitals. 1. Traigh Pacific filed an application for Development Agreement DRC2003-00411, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Agreement is referred to as "the application." 2. On the 9th day of June 2004, 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. The subject property of the Development Agreement is legally described herein. 4. A true and correct copy of the proposed Development Agreement is attached as Exhibit "A"to this Resolution. 5. By Resolution No. 04-75, the Planning Commission has certified the Environmental Impact Report (El R) prepared for the project as being in compliance with the requirements of the California Environmental Quality Act(Public Resources Code Section 21000 et seq.)for purposes of taking action on the Tentative Tract Map and has recommended that the City Council certify the El for purposes of taking action on the related Development Agreement. 6. 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. This 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 facts and information contained in the record of this project,the Planning Commission makes the following findings and statements, and takes the following actions,pursuant to the California Environmental Quality Act ("CEQA") (Public Resources Code Section 21000 et seq.): a. The Project that has been evaluated under CEQA involves a series of actions related to the annexation of land from unincorporated San Bernardino County into the City of Rancho Cucamonga,the approval of a General Plan Amendment, Etiwanda North Specific Plan Amendment, Tentative Tract Map No. 14749 (`TTM 14749") and the associated Development Agreement. The proposed project includes 269 single-family housing units on approximately 168.8 acres and includes a 3.1 acre neighborhood park, 2.7 acre equestrian park, .44 acre equestrian trail, and 61.5 acres of PLANNING COMMISSION RESOLUTION NO. 04-80 DEVELOPMENT AGREEMENT DRC2003-00411 —TRACY DEVELOPMENT June 9, 2004 Page 2 remainder lots for flood control purposes. The gross density of the project is approximately 1.59 dwelling units per acre, a net density of 2.5 units per acre, a minimum lot size of 8,400 square feet, and an average lot size of 11,600 square feet. b. The City of Rancho Cucamonga, acting as the lead agency, prepared the Draft Environmental Impact Report ("Draft EIR") for the Project (State Clearinghouse No. 2003081085). The Draft EIR was circulated for a 45-day public review and comment period from Decembers,2003 through January 28, 2004. Comments were received during that period and written responses were prepared and sent to all commentors. Those comments and the responses thereto have been included in the Final EIR, as have the appendices to the Draft EIR. Those documents together comprise the Final EIR. C. The Planning Commission finds that the Final EIR was completed pursuant to the CEQA, and the State Guidelines for Implementation of CEQA, 14 California Code of Regulations, Section 15000, at. seq. ("the Guidelines"). By Resolution No. 04-75, the Planning Commission has certified the EIR as being in compliance with the requirements of the CEQA. d. The Planning Commission finds that the Final EIR was presented to the Planning Commission and that the Planning Commission reviewed and considered the information in the Final EIR and has reached its own conclusions with respect to the Project and as to whether and how to recommend approval of various components of the project approvals before makings its recommendation in this Resolution. e. The Planning Commission finds that the Final EIR represents the independent judgment of the Planning Commission of the City of Rancho Cucamonga and adequately addresses the impacts of the Project and imposes appropriate mitigation measures for the Project. f. The Planning Commission finds, based upon the Initial Study, the Final EIR, public comments, public agency comments, and the entire record before it, that the Project may create significant impacts in the areas of Earth Resources; Water Resources;Transportation/Circulation;Air Quality, Biological Resources, Hazards, Noise, Public Services, Utilities, Aesthetics, and Cultural Resources. The proposed project will also contribute incrementally to cumulatively considerable impacts related to land use, flood control, water quality from urban runoff, loss of alluvial fan sage scrub, hazardous material dumping, congestion of evacuation routes, overcrowded schools, inadequate utilities, and loss of views. With respect to the impacts to all of these resources and services, the EIR identifies mitigation measures for each of those impacts that will substantially lessen the impacts. g. Implementation of mitigation measures identified in the Final EIR will substantially mitigate many of the environmental impacts described in paragraph f of this Section, to the extent feasible, as described in Exhibit "A" of Resolution No. 04-75, which is incorporated herein by reference. The Final EIR also identifies significant adverse impacts that cannot be fully mitigated or avoided, including impacts from short-term impacts on air quality from construction-related emissions, long-term impacts on air quality from project emissions, and biological resources. h. The Final EIR describes a range of alternatives to the Project that might fulfill basic objectives of the Project. These alternatives include the required "No Project-No Development" alternative, and the "No Project—Open Space" alternative, the 'Reduced Density' alternative, the Modified Site Plan (clustered)" alternative, and the 'Rural Density' Alternative. As set forth in the Exhibit "A" of Resolution No. 04-75, the alternatives identified in the EIR are not feasible because PLANNING COMMISSION RESOLUTION NO. 04-80 DEVELOPMENT AGREEMENT DRC2003-00411 —TRACY DEVELOPMENT June 9, 2004 Page 3 they would not achieve the basic objectives of the Project or would do so only to a much smaller degree and,therefore, leave unaddressed the significant economic, infrastructure,and General Plan goals that the Project is intended to accomplish, and are thus infeasible due to social and economic considerations, and/or they are infeasible because they would not eliminate the adverse environmental impacts of the proposed Project. Accordingly,the Planning Commission recommends that the City Council find each of the alternatives is infeasible. i. Mitigation measures described in the Mitigation Monitoring Program will avoid or substantially lessen the potentially significant environmental effects of the Project. Further, the environmental, physical, social, economic and other benefits of the Project, as set forth in this Section and Resolution No. 04-75, and specifically Exhibit"A"thereto, which is incorporated herein by this reference, outweigh any unavoidable, significant, adverse impacts that may occur as a result of the Project, including short-term impacts on air quality from construction-related emissions, cumulative long-term impacts on air quality from project emissions, and impacts to biological resources. Therefore, due to overriding benefits of the Project and because the alternatives identified in the EIR are not feasible, as discussed in paragraph i above, the Planning Commission hereby recommends that the City Council find that any unavoidable impacts of the Project, including the mitigated but unavoidable impacts from short-term impacts on air quality from construction- related emissions, long-term impacts on air quality from project emissions, and impacts to biological resources are acceptable based on the findings contained herein and in Resolution No. 04-75 and the staff report, which are incorporated herein by this reference. This determination shall constitute the Planning Commission's recommendation to the City Council for a statement of overriding considerations within the meaning of CEQA and is based on any one of the following environmental and other benefits of the Project identified in the Final EIR and the record of the Planning Commission's proceedings: i. Providing for the use of land consistent with the established policies and goals of the City of Rancho Cucamonga General Plan, Etiwanda North Specific Plan, City Development Code, and all other City Development guidelines; ii. Annexing the project site into the City of Rancho Cucamonga; iii. Integrating the project with the character of the surrounding neighborhoods and establish a development that results in logical, coordinated growth; iv. Establishing a project-wide circulation system that meets regional and local transportation needs and accommodates both vehicles and pedestrians; V. Providing a system of publictcommunity facilities, including trails,open space areas, and landscaping to support the residents of the project and surrounding area in an efficient and timely manner; vi. Limiting Impacts to surrounding uses and residents, and to the community character; vii. Providing backbone public infrastructure(i.e. roads, utilities)to serve project residents and the surrounding community; viii. Minimizing impacts to, and generate revenues in excess of costs for,various public service agencies, and PLANNING COMMISSION RESOLUTION NO. 04-80 DEVELOPMENT AGREEMENT DRC2003-00411 —TRACY DEVELOPMENT June 9, 2004 Page 4 ix. Providing quality housing opportunities compatible with existing and planned development that responds to market demands. j. The Planning Commission recommends that the Mitigation Measures in the FINAL EIR that correspond to the environmental impacts which may result from the Project be adopted and made a condition of approval of, or incorporated into, the Project. The Planning Commission also recommends that the City Council adopt the"Mitigation Monitoring Plan"attached hereto as Exhibit "B." The Mitigation Monitoring Plan will be used to monitor compliance with the mitigation measures and conditions that have been adopted or made a condition of Project approval as set forth in this Section of this Resolution and Exhibit "B" of this Resolution. 3. This Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the General Plan of the City of Rancho Cucamonga. Specifically, the project that will be approved as part of this project provides a logical transition of land uses in this area, based upon surrounding existing and approved land uses. This project is within an equestrian overlay zone and provides amenities consistentwith that overlay zone. The project is consistent with the General Plan guidelines and will be consistent with the net density requirements based on the concurrent amendment to the General Plan. 4. The Commission hereby specifically finds that the Development Agreement and each and every term and provision contained therein conforms to the Etiwanda North Specific Plan based on the concurrent amendment to that Specific Plan. The proposed project with its two parks,equestrian trails, landscaping plan and other design considerations is generally consistent with the intent and goals of the Etiwanda North Specific Plan. 5. The Planning Commission finds that the Development Agreement does comply with the requirements of California Government Code Sections 65865 through 65869.5 in that the Development Agreement does specify in detail and contains the following: a. Provisions are included in Section 3 (A) of the Development Agreement requiring periodic review of the Agreement at least every twelve months, at which time the applicant shall be required to demonstrate good faith compliance with the terms of the Agreement (California Government Code Section 65865.1). b. The duration of the Development Agreement is specified in Section 2.1 of the Agreement as being for ten (10) years (Government Code Section 65865.2). C. The permitted uses of the property, the density and intensity of use, the maximum height and size of the proposed structures, and other required provisions are referred to in Sections 2 (A) of the Development Agreement (Government Code Section 65865.2). d. The Development Agreement includes conditions, terms, restrictions and requirements for subsequent discretionary actions in Section 2 (B) of the Agreement(Government Code Section 65865.2). e. The Development Agreement includes terms and conditions in Section 2(C)(6)and (7) that require the developer to improve portions of public streets around the perimeter of the property and provide for and improve private streets inside the development (Government Code Section 65865.2). PLANNING COMMISSION RESOLUTION NO. 04-80 DEVELOPMENT AGREEMENT DRC2003-00411 —TRACY DEVELOPMENT June 9, 2004 Page 5 f. The Development Agreement specifies that the project is to be constructed in coordination with the construction of certain public infrastructure improvements as specified in Section 2 (D) of the Agreement. (Government Code Section 65865.2). 6. Based upon all the findings contained in this Resolution, this Commission hereby recommends approval of the Development Agreement attached hereto as Exhibit "A." 7. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF JUNE 2004. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ABY: Larry T cNiel, Vice Chairman ATTEST• , rad Bu reta I, Brad Buller, Secretary of the Planning Commission of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the Planning Commission held on the 9th day of June 2004, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, McNIEL, McPHAIL, STEWART NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MACIAS DRAFT (as revised 06/02/2004) DEVELOPMENT AGREEMENT DRC2003-00411 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC PROPERTIES (dba TRACY DEVELOPMENT) CONCERNING THE PROPOSED TENTATIVE TRACT 14749 This Agreement (the "Development Agreement") is made and entered into this _ day of , 2004, by and between Traigh Pacific Properties (dba Tracy Development) and Parkwest Landscape California corporations; and San Bernardino Flood Control District, and the City of Rancho Cucamonga, a municipal corporation (the "CITY") pursuant to the authority of Section 65864 through 65869.5 of the California Government Code. Traigh Pacific Properties Parkwest Landscape and San Bernardino Flood Control District, and its successors and assigns, if any, are referred to collectively hereinafter as the "Property Owner". The CITY and Traigh Pacific Properties et.al. are collectively referred to herein as the "Parties". RECITALS: A. To provide more certainty in the approval of development projects, to encourage private participation in comprehensive planning, and to reduce the economic risk of development, the Legislature of the State of California has adopted Sections 65864, et seq. of the California Government Code, thus authorizing the CITY to enter into binding development agreements with persons having legal or equitable interests in real property, in order to establish development rights with respect thereto. B. Section 65865(b) of the California Government Code authorizes the CITY to enter into a binding development agreement with respect to real property which is in unincorporated territory but also within the CITY's sphere of influence, provided that the effectiveness of the development agreement is conditioned upon the annexation of such real property to the CITY within the period of time for annexation as specified in the Development Agreement. C. Property Owner owns fee title to approximately 168.8-acres of real property located entirely within the County of San Bernardino (the "County") and more particularly described in Exhibit "A" and depicted on Exhibit "B" attached hereto (the "Project Site"). D. On April 24, 2003 the City received an application for Tentative Tract Map (SUBTT14749), a General Plan Amendment (DRC2003-00410), an Etiwanda North Specific Plan Amendment (DRC2003-00409), along with this Development Agreement (DRC2003-00411) and a request for Annexation (DRC2003-01051) of the Proposed Project. An Environmental Impact Report has been prepared to address the potential environment impacts of the proposed project and all discretionary actions anticipated by the CITY and the Local Agency Formation Commission. E. As set forth in Ordinance No. _ adopted by the City Council on (the "Enacting Ordinance"), the execution of this Development Agreement and performance of and compliance with the terms and conditions set forth herein by the + Development Agreement 1 Traigh Pacific Properties Parties hereto: (i) is in the best interest of the CITY; (ii) will promote the public convenience, general welfare, and good land use practices in the CITY; (iii) will promote preservation of land values; (iv) will encourage the development of the Project by providing a level of certainty to the Property Owner; and (v) will provide for orderly growth and development of the CITY consistent with the CITY's General Plan. AGREEMENT: NOW, THEREFORE, in consideration of the above recitals, and the mutual promises and covenants of the Parties, and for other good and valuable consideration, the receipt and sufficiency of which us hereby acknowledged, the Parties agree as follows: Section 1. GENERAL PROVISIONS A. Effectiveness of Development Agreement Notwithstanding the effective date of the Enacting Ordinance, this Development Agreement shall only become effective, and the rights and obligations of the Parties shall only arise, upon the date that the last of the following have occurred: 1. The project site has been annexed to the CITY and said annexation is final as to any and all administrative actions, and is not subject to judicial challenge; and 2. The Project and the Final EIR have been approved by the CITY and all entitlements have been issued for completion by Property Owner. B. Term The term of this Development Agreement shall commence on the Effective Date and shall extend for a period of 10 years thereafter, unless this Development Agreement is terminated, modified or extended by circumstances set forth in this Development Agreement, including, without limitation, the extensions provided below and any extensions attributable to "force majeure" circumstances described in Section 2.D.4 hereof or by mutual written consent of the Parties. Following the expiration of the Term, this Development Agreement shall be deemed terminated and of no further force and effect; provided, however, that such termination shall not affect any right or duty arising from the project entitlements granted prior to, concurrently with, or subsequent to the approval of this Development Agreement and the structures that are developed in accordance with this Development Agreement and the use of those structures shall continue to be governed by this Development Agreement for purposes of ensuring, for land use purposes, that those structures continue to be legal conforming structures and that those uses continue to be legal conforming uses. C. Assignment Subject to the terms of this Development Agreement, Property Owner shall have the right to convey, assign, sell, lease, sublease, encumber, hypothecate or otherwise transfer (for purposes of this Development Agreement, "Transfer") the Project Site, in whole or in part, to any person, partnership, joint venture, firm or corporation or other entity at any time during the term of this Development Agreement, and to the extent of each such Transfer, the transferor shall be relieved of its legal duty to perform such obligations under this Development Agreement at the time of the Transfer, except to the Development Agreement 2 Traigh Pacific Properties extent Property Owner is in default, as defined in Section 3.0 hereof, of any of the terms of this Development Agreement when the Transfer occurs. If all or a portion of the Project Site is Transferred and there is noncompliance by the transferee owner with respect to any term and condition of this Development Agreement, or by the transferor with respect to any portion of the Project Site not sold or Transferred, such noncompliance shall be deemed a breach of this Agreement by that transferee or transferor, as applicable, but shall not be deemed to be a breach hereunder against other persons then owning or holding any interest in any portion of the Project Site and not themselves in breach under this Development Agreement. Any alleged breach shall be governed by the provisions of Section 3.0 hereof. In no event shall the reservation or dedication of a portion of the Project Site to a public agency cause a transfer of duties and obligations unless specifically stated to be the case in this Development Agreement, any of the exhibits attached to this Development Agreement, the instrument of conveyance used for such reservation or dedication, or other form of agreement with such public agency. Concurrently, with any such sale, transfer or assignment, or within ten business days thereafter, the Property Owner shall notify the CITY, in writing, of such sale, transfer or assignment and shall provide the CITY with an executed agreement, in a form reasonably acceptable to the CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of the Property Owner under this agreement. D. Amendment of Agreement This Development Agreement may be amended from time to time by mutual consent of the Parties in accordance with the provisions of Government Code Sections 65867 and 65868. Notwithstanding anything stated to the contrary in this Development Agreement, the parties may enter into one or more implementing agreements, as set forth below, to clarify the intended application or interpretation of this Development Agreement, without amending this Development Agreement. Property Owner and the CITY acknowledge that the provisions of this Development Agreement require a close degree of cooperation between Property Owner and the CITY and that, in the course of the development of the Project Site, it may be necessary to supplement this Development Agreement to address the details of the Parties' respective performance and obligations, and to otherwise effectuate the purposes of this Development Agreement and the intent of the Parties. If and when, from time to time, the Parties find that it is necessary or appropriate to clarify the application or interpretation of this Development Agreement, the Parties may do so through one or more implementing agreements (the "Implementing Agreement"), which shall be executed by the City Planner and by an authorized representative of Property Owner. After execution, each Implementing Agreement shall be attached as an addendum and become a part of this Development Agreement, and may be further changed or supplemented from time to time as necessary. Such Implementing Agreement shall not require the approval of the City Council of the CITY and shall only be executed by the City Planner (on Behalf of the CITY), if the City Planner has made a reasonable determination that such implementing agreements are not materially inconsistent with this Development Agreement, and applicable ordinances, rules, Development Agreement 3 Traigh Pacific Properties regulations and official policies of the CITY in effect at the time of execution of this Development Agreement. Any changes to this Development Agreement which would impose additional obligations on the CITY beyond those which would be deemed to arise under a reasonable interpretation of this Development Agreement, or which would purport to change land use designations applicable to the Project Site under the applicable Project Entitlements, shall be considered "material' and shall require amendment of this Agreement in accordance with the provisions of California Government Code Sections 65867 and 65868. Section 2. PLANNED DEVELOPMENT OF THE PROJECT A. Land Use and Project Entitlements The Project Entitlements are depicted on the Tentative Tract Map, Conceptual Grading Plan, and Conceptual Landscape Plan, attached hereto as Exhibits 1A — 1C. Project Entitlements refers to the following material related to the approval of the Development Agreement (DRC2003-00411) and the Tentative Tract Map (SUBTT14749): all plans that constitute the approved project, all Planning Commission and City Council Resolutions of Approval including the associated conditions of approval, and all mitigation measures included in the Mitigation Monitoring and Reporting Plan and the Environmental Impact Report. The Parties acknowledge that, without being obligated to do so, Property Owner plans to develop the Project Site in substantial conformity with the Project Entitlements as approved by this Development Agreement. During the Term of this agreement, the permitted uses for the Project, or any portion thereof, the density and intensity of use, zoning, maximum height and size of proposed buildings, building and yard setback requirements, provisions for the reservation or dedication of land, design and performance standards and other terms and conditions of development of the Project constitute the Entitlements as approved by this Development Agreement. The specific terms of this Development Agreement shall supercede and be controlling over any conflict and/or inconsistency with the Project Entitlements. The Parties acknowledge and agree that the total number of lots in the approved tract totals 269 lots, and that lots may be shifted between phased tracts without increasing the overall number of lots and be in substantial conformity with the Project Entitlements as approved by this Development Agreement. The CITY Planner shall exercise his reasonable discretion to review transfers of lots between tracts and make the determination of substantial compliance. Other certain specific modifications of the Project Entitlements to which the Parties agree are set forth below. All Exhibits attached hereto constitute material provisions of the Development Agreement, and are incorporated herein. B. Rules and Regulations Pursuant to California Government Code Section 65856 and except as otherwise explicitly provided in this Development Agreement, (1) the ordinance, rules and regulations and official policies governing permitted uses of the Project Site, the density and intensity of such uses, and the design, improvement, and construction standards and specifications applicable to development of the Project and in effect as of the date of this Development Agreement, and (2) and those ordinances of the CITY, as implemented by this Development Agreement, rules, regulations and official policies in effect as of the date of this Development Agreement, but only to the extent that they are Development Agreement 4 Traigh Pacific Properties consistent with the Project Entitlements, as modified and/or amended by this Development Agreement (collectively the "Existing Laws"), except that the CITY's street improvement, lighting, storm drain, and the Americans with Disabilities Act ("ADA") standards shall be followed, and the landscape standards applicable shall be those specified in this Development Agreement or if none are so specified, the CITY's Standards. In the event of any conflict between the Existing Laws and the other CITY ordinances, rules, regulations and official policies, then the Existing Laws shall control. The CITY shall not be prevented in subsequent actions applicable to the Project, from applying new ordinances, rules regulations, and policies in effect ("Future Policies") to the extent that they do not conflict with the Existing Laws. Such conflict shall be deemed to occur if, without limitation, such Future Policies: 1. Modify the permitted types of land uses, the density or intensity of use, the maximum height or size of proposed buildings on the property, building and yard setback requirements, or impose requirements for the construction or provisions of on- site or offsite improvements or the reservation or dedication of land for public use, or the payment of fees or the imposition of extractions, other than as are in each case specifically provided for in this Development Agreement; 2. Prevent the Property Owner from obtaining all necessary approvals, permits, certificates or other entitlements at such dates and under such circumstances as the Property Owner would otherwise be entitled under this Development Agreement; 3. Render any conforming use of the Project Site a non-conforming use or any structure on the Project Site a non-conforming structure. C. Design and Infrastructure Issues 1. Gated Community The Proposed Project is approved as a private gated community, which shall include formation of a Homeowners Association. The Homeowners Association must be formed to assume responsibility and maintenance of the gates, common area streets, drainage facilities, interim detention basins, utility easements, streetlights, sidewalks, landscaping (including the north side of 'Lower Crest Collector') and walls throughout the project. The terms and conditions of the CC&Rs establishing the Homeowners Association shall be subject to City approval prior to recordation. 2. Homeowners Association and Private In-tract Slopes In-tract streetscape plans depicting slopes on the Homeowners Association and private slopes shall be reviewed and approved by CITY. Slopes of a ratio 2H:1 V may be permitted up to 30-feet in height upon review and approval of the City Planner with retaining walls as approved by the City Planner. Proposed specific slope treatments, which shall be applied are depicted on Exhibit 2. 3. Dry Utilities The Project Entitlements do not require that Burd vaults be installed and the CITY and Property Owner agree that no Burd vaults will be required throughout the Project Site. Development Agreement 5 Traigh Pacific Properties 4. Community Trail The Property Owner shall design and construct improvements to the CITY Community Trail network along the Etiwanda Creek levee, and parallel to the northerly extension of Etiwanda Avenue along the west project boundary, in accordance with CITY Standards. 5. Grading The Grading Plan, included in the Project Entitlements, shall conform to the Design Guidelines of the Etiwanda North Specific Plan. However, with an average slope across the site less than 8%, the Project is exempt from the CITY Hillside Development Regulations of the Development Code. 6. Street Sections The CITY desires that the design of East Avenue, Etiwanda Avenue and "Lower Crest Collector", be designed as depicted in the Etiwanda North Specific Plan Exhibit 13(D)/with community trail, and Exhibit 13(E), respectively. The following deviations from the standard CITY Engineering Division street standards or policies are acceptable as depicted on the approved plans included as part of the Project Entitlements: a. The straight sections on interior streets (Street W) may be greater than 800-feet due to the fact that the project is a private gated community, thereby limiting the project from traffic impacts form any other development through the project. b. All interior streets that have driveway access to single-family residential lots may be designed with a 50-foot right-of-way utilizing a rolled curb; all other streets within the tract shall have a 60-foot right-of—way with a City standard 6-inch curb face. 7. Circulation Issues and Fees a. Transportation Fee/Traffic Impact Analysis The Property Owner shall construct all circulation improvements necessary to serve the area in and around the Project Site, as generally depicted on Exhibits 3A — 6A. In addition, the Property Owner shall comply with Transportation Development Fees In accordance with CITY ordinance. Upon formation of a Community Facilities District ("CFD") Property Owner may include the cost of the improvement specified in this Section 2.C.7.b as part of the CFD financing. The Property Owner shall receive credit against, or reimbursement of costs, in excess of the Transportation Development Fee for the following "backbone" improvements as described herein, in conformance with City Policy: East Avenue, Lower Crest Collector and middle 38 feet of Etiwanda Avenue (full width across Southern California Edison corridor) Development Agreement 6 Traigh Pacific Properties b. Other Circulation Improvements The Property Owner shall design and construct the following improvements: (i) Etiwanda Avenue: Improve as a Secondary Arterial from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 4A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. Property Owner may request reimbursement agreement to recover the cost for non-backbone improvements west of the centerline from future development as it occurs on adjacent properties in the City limits. If the Property Owner fails to submit for said reimbursement agreement within 6-months of the public improvements being accepted by the City, all rights of the Property Owner to reimbursement shall terminate. (ii) East Avenue: Construct Collector Street improvements from the north boundary of Tract 16072 to Lower Crest Collector, as depicted in Exhibit 3A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. (iii) Lower Crest Collector: Construct Collector Street improvements along the entire length of the Project Site, as depicted in Exhibit 6A. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. 8. Storm Drains The Property Owner shall design and construct the following improvements based on the criteria in the Etiwanda/San Sevaine Drainage Policy: a. Etiwanda/San Sevaine Area 3 Master Plan Storm Drain (i) The Property Owner shall provide adequate easements and construct local and Master Plan System 3 drainage facilities extending from the Project Site to the Etiwanda Regional Spreading Grounds. System 3 includes the projection of the existing open channel on the north boundary of Tentative Tract 14139, east of East Avenue to the Etiwanda Spreading Grounds. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) The Property Owner shall participate in construction of Interim Master Plan Basin No. 2 and either the Etiwanda/Summit or the Etiwanda/Arrow Interim Regional Basin, to the satisfaction of the San Bernardino County Flood Control District. b. Etiwanda/San Sevaine Area 2 Master Plan Storm Drain Development Agreement 7 Traigh Pacific Properties W The channel along the north tract boundary constitutes a portion of the Master Plan System 2, which is required to protect the site from upstream flows. The channel shall be designed to be extended westerly along the Rancho Etiwanda Estates project. The Property Owner may also be required to install interim Master Plan Basin No.1, within the Project Site, to the satisfaction of the San Bernardino County Flood Control District. All flood protection improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer, including a Letter of Map Revision (LOMB) issued by FEMA. Standard drainage fees for the project shall be credited to the cost of permanent master plan facilities, in accordance with City Policy. The Property Owner may request a reimbursement agreement within 6 months of public improvements being accepted by the CITY, or all rights of the development to reimbursement shall terminate. (ii) Property owner shall construct Interim Master Plan Basin No. 1 if so directed by the San Bernardino County Flood Control District. These improvements shall be completed prior to the first release of occupancy, or to the satisfaction of the City Engineer. C. Local Storm Drains The Property Owner shall construct local storm drains to convey development drainage to the Master Plan Storm Drain. Extend the local storm drain system as far on the Project Site as needed to contain 025 within the tops of curbs, 0100 within rights-of-way and provide a 10-foot dry lane in Q10. The cost of the local storm drain system shall be borne by the Property Owner without Fee Credits. d. If interim basins are required by the San Bernardino County Flood Control District, easements shall be provided to the City for any lots containing said basins. Also, a maintenance agreement shall be executed guaranteeing private maintenance of the facilities, but providing the City with the right of access to maintain the facilities if private maintenance is insufficient and allowing the City to assess those costs to the developer. The developer may request a reimbursement agreement to recover the proportionate cost of the land and ultimate basin related facilities (outlet, etc.) from future development using the basin. If the developer fails to submit said reimbursement agreement within 6 months of the public improvements being accepted by the City, all rights of the developer to reimbursement shall terminate. e. Development within the Etiwanda/San Sevaine Drainage Area is responsible for the City's adopted regional drainage fee, which is not subject to fee credit/reimbursement like the master plan drainage fee. 9. Development of Park Sites Property owner agrees to construct the Parks in substantial conformity with the depiction and description of Exhibits 7A, 7B, and 7C in conformance with all applicable standards and permit requirements. The Parks improvements shall be completed substantially complete by the one-hundredth (100`") building permit issuance in the Project. The Property Owner will make a good faith effort to complete all actions necessary to secure and complete work necessary to include the off-site special event parking area as depicted in Exhibit 7A. The City agrees to promptly process all applications and permits consistent with its usual and customary procedures. A portion of the required Equestrian Mitigation Fee shall be set aside as an endowment for capital replacement and maintenance purposes, in the event of private maintenance default by the tenant Development Agreement 8 Traigh Pacific Properties organization. The amount to be set aside shall be based on studies by the developer, subject to approval of the City Planner and City Engineer. The endowment shall be paid to the City prior to the issuance of building permits for the facility. 10. Park Fee/Equestrian Mitigation Fee/Beautification Fee The Property Owner shall pay the following fees: a. Property Owner will pay CITY a sum totaling $269,000 (based upon $1,000 per unit) for equestrian purposes; however, the Property Owner shall receive Equestrian Mitigation Fee credit for development of the North Etiwanda Equestrian Center on Lot E as depicted on Exhibit 7A, which Equestrian Center development costs will be limited to the total amount of Equestrian Mitigation Fees paid by Tentative Tract 14749 and other contributing project. The current estimate of available Equestrian Mitigation Fees is $1.54 million. In addition, the Property Owner may request a reimbursement agreement from the City, for costs incurred in the development of the Equestrian Center that are over and above the obligation as noted above. The credit will be based on the actual cost of the improvements toward payment of the standard CITY Equestrian Mitigation Fee and the CITY Park Fee listed below in Section 10 b. Reimbursement in excess of the CITY Equestrian Mitigation Fee reimbursement shall be in the form of Park Fee credits toward the payment of the City Park Fee listed below in Section 10 b. The North Etiwanda Equestrian Center shall be constructed with phase 1 of project development. b. The Property Owner shall pay the CITY a sum totaling $1,775,400 for park purposes (based upon a value of $6,600 per unit); however, the Property Owner shall receive Park Credit for the improvements to the North Etiwanda Preserve Trailhead on Lot F as depicted on Exhibit 7C, and for the excess development cost of the Equestrian Center pursuant to Section 10 a. above. The credit will be based on the actual cost of the improvements toward payment of the standard CITY Park Fee. The North Etiwanda Preserve Trailhead shall be constructed with phase 1 of project development. C. In exchange for construction of landscaping improvements along the south side of Lower Crest Collector, the Property Owners shall not be required to pay CITY Beautification Fees for future residential construction. 11. Development Standards The project shall be developed in accordance with the following Development Standards. The Development Standards set the minimum requirements, however, the intent of the Project is to develop the project consistent with the goals of the CITY's Low-Density Residential District of the Etiwanda North Specific Plan. a. Lot Area: 7,200 SF minimum b. Lot Width: 60-feet minimum as measured at building setback line. d. Lot Coverage: 40% maximum of lot area for building structures. Paving driveways patios or pools shall not be calculated as part of building coverage. Development Agreement 9 Traigh Pacific Properties e. Building Setbacks (i) Front Yard: Should be staggered with a minimum of 18- feet and an average of 20 feet throughout the tract as measured at the right-of-way line. (ii) Side Yard: 15-feet building separation is required with a minimum of 5-feet and 10-feet side yards measured form the property line. (iii) Rear Yard: 15-feet minimum useable (iv) Garage Placement: Where garages are entered from the local street and the garage doors do not face the street (side-entry garages) the setback shall be 10-feet minimum from the back of the sidewalk. (v) Building Height: 35-feet maximum f. Number of Housing Units: The project entitlements include 269 housing units. 12. Design Review Process The Project, and all subsequent applications for residential development, shall be subject to the CITY Development/Design Review process. 13. Architectural Guidelines The Project, and all subsequent applications for residential development, shall be subject to the Architectural Guidelines of the Etiwanda North Specific Plan. 14. Open Space Transfer Plan The Property Owner shall transfer to the County of San Bernardino Special Districts OS-1 other qualified conservation entity approved by the City, in fee, a minimum of 164-acres of off-site land for permanent open space and habitat preservation; along with funding in an amount to be determined by County of San Bernardino Special Districts (or other conservation entity), to provide for long-term maintenance of said land. The preferred location of the off-site land is in the environment surrounding the North Etiwanda Preserve in the CITY Sphere of Influence, other properties may be considered based the review of appropriate Biological Habitat Assessments and concurrence of the CITY Planner. The transfer and funding shall occur prior to recording of the first final map of the Project. D. Timing of Development and Fees 1. Development of the Perimeter Landscaping and the Etiwanda North Specific Plan Neighborhood Monumentation All perimeter landscaping, including the Upper Etiwanda Neighborhood Monumentation, fencing, signage, and landscaping as depicted in the Etiwanda North Specific Plan Exhibit 25A-C, shall be completed prior to the release of occupancy of the Development Agreement 10 Traigh Pacific Properties 100'" dwelling within the project. In addition, improvements to East Avenue, Etiwanda Avenue and Lower Crest Collector shall conform to the Upper Etiwanda Neighborhood Landscape theme as illustrated in the Etiwanda North Specific Plan Exhibit 21 (Landscape Street Sections B-1, M-1, and B-2, respectively). The landscape improvements shall be annexed to LIVID No. 7, or other district as approved by the City Engineer. 2. Development of the Remainder of the Site Neither the property owner nor CITY can presently predict when or the rate at which phases of the project shall be developed, since such decisions depend on numerous factors which are not within the control of the Property Owner including, without limitation, market orientation and demand, interest rates, absorption, competition and other factors. The parties acknowledge and agree that Property Owner, subject to the restrictions and conditions in the Development Agreement, retains flexibility under this Development Agreement to develop the Project in such order and at such rate and times as are appropriate within the exercise of the Property Owner's business judgment. The CITY further acknowledges that Property Owner may desire to market, sell, or otherwise arrange for disposition of some or all of the Project Site, prior to development, and that the rate at which the Project develops will likely depend upon the business judgment of subsequent owners of the Project Site. 3. CITY's Cooperation CITY shall use good faith efforts to promptly process and take final action on any applications for permits or approvals filed by Property Owner with respect to the Project. Such cooperation shall include, without limitation, (a) using good faith efforts to process subsequent Development/Design Review in accordance with state regulations; and (b) promptly processing all ministerial permits in accordance with Section 2.1 below. Without limiting the effect of any other provision of this Development Agreement, any future regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Project Site or the extent thereof, shall be deemed to conflict with . Property Owner's vested rights to develop the Project under this Development Agreement and shall, to that extent, not apply to the development of the Project. Processing and review of development proposals shall be subject to established procedures in effect in the entire CITY, including Development and Design Review, as specified in the Existing Laws. However, the criteria used in the evaluation of each development proposal shall be based on the objectives, policies and specific development standards specified herein. 4. Force Maieure Notwithstanding anything to the contrary contained in the Development Agreement, Property Owner and CITY shall be excused from performance of their obligations under this Development Agreement during any period of delay caused by acts of God or civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the Property Owner, as Development Agreement 11 Traigh Pacific Properties applicable. The time of performance of such obligations as well as the term of this Development agreement shall automatically be extended by the period of such delay hereunder. E. Future Entitlements With respect to any entitlements that Property Owner may require in the future, including, without limitation, tentative tract and parcel map approvals, conditional use permits, and Development/Design Review, the CITY shall retain its discretionary review authority and the CITY's applicable ordinances, rules, regulations and official policies. However, any such discretionary review shall be expressly subject to the provisions of this Development Agreement and the CITY may only impose conditions upon such discretionary entitlements which are consistent with the Project Entitlements as approved by this Development Agreement, except as otherwise specifically required by state or federal law. F. Environmental Review Other than the mitigation measures and conditions of approval set forth in the EIR and the Project Entitlements (and any additional future mitigation programs contemplated therein), no other mitigation measures for environmental impacts created by the Project, as presently approved and as evaluated in the EIR, shall be required. In connection with the CITY's issuance of any further entitlement (as contemplated in Section 2.E above), which is subject to CEQA, the CITY shall promptly commence and diligently process any and all initial studies and assessments required by CEQA, and to the extent permitted by CEQA, the CITY shall use the EIR and other existing environmental reports and studies as adequately addressing the environmental impacts of such matter or matters, without requiring new or supplemental environmental documentation. In the event CEQA requires any additional environmental review, the CITY may impose additional measures (or conditions) to mitigate, as permitted by CEQA, the adverse environmental impacts of such future entitlements, which were not considered at the time of approval of the Project. G. CITY Fees and Mandates by State and Federal Laws The Parties acknowledge and agree that the fees and impositions which may potentially be imposed by the CITY on the Project and Property Owner (collectively "fees") fall within one of three categories: (a) fees for processing land use and construction permit applications which are not otherwise governed by the provisions of Section 66000 of the Government Code (but which are subject to the limitations set forth in Sections 66013, 66014, and 66016-66018.5 of the Government Code) (collectively, the "Processing Fees"); (b) fees or other monetary exactions which are contemplated under ordinances or resolutions in effect as of the date of this Development Agreement and which purport to defray all or a portion of the cost of impacts to certain public facilities, improvements and other amenities from the development projects, including any fees described in Government Code Sections 66000 et seq. (collectively, the "Existing Fee Categories") (the Existing Fee Categories include any increases, decreases, or other modifications to existing fees, so long as such modified fees relate to the same category of impacts identified in the Existing Fee Categories); and (c) fees or other monetary exactions which may be imposed in the future by the CITY for purposes of defraying all or a portion of the cost of public facilities, improvements, or amenities related to development projects, but excluding the Existing Fee Categories ("other Fees"). The Property Owner's obligation to pay Fees shall be specifically governed by the following provisions: Development Agreement 12 Traigh Pacific Properties I. Processing Fees. The CITY may charge Planning and Engineering Plan Check and Permit Fees and Building Permit Fees, which are in force and effect on a CITY-wide basis at the time of Property Owner's application for a land use entitlement, or a construction permit. The amount of any Processing Fees shall be determined by the CITY in accordance with all applicable laws, including, without limitation, Government Code Sections 66013, 66014, and 66017-66018.5 (or any successor laws, as applicable). Unless otherwise agreed by Property Owner and the CITY, the Processing Fees assessed Property Owner shall be the same as those imposed upon other development projects throughout the jurisdictional limits of the CITY. 2. Other Fees. In consideration of the Property Owner's Agreement to modify the Project Entitlements as specifically set forth in this Development Agreement and implement the timing of development in accordance with the terms set forth above, no Other Fees shall be imposed upon the Property Owner or the Project during the term of this Development Agreement, except as may be specifically required to carry out any state or federal law or mandate enacted after the effective date of this Development Agreement, as necessary to mitigate environmental impacts of the project in accordance with 2.G above. 3. Fiscal Impact Analysis. CITY does not require Property Owner or the Project to complete a fiscal impact analysis for application or issuance of any approvals or permits that CITY might issue under this Development Agreement. H. Non-discretionary Permits The Parties acknowledge that in the course of implementing the Project, Property Owner will, from time to time, apply to the CITY for various ministerial permits, licenses, consents, certificates, and approvals, including, without limitation, non-discretionary subdivision approvals, grading permits, construction permits, certificates of occupancy and permits required to connect the Project to utility systems under the CITY's jurisdiction (collectively the "Non-Discretionary Permits"). Property Owner shall have the right to apply for any such Non-Discretionary Permits in accordance with the Existing Laws (and any applicable Future Policies under Section 2.13, above). The CITY shall issue to Property Owner, upon such applications, all required Non-Discretionary Permits, subject only to compliance with the terms of this Development Agreement, the CITY's usual and customary fees and charges for such applications and Non-Discretionary Permits (subject to the provisions of Section H above) and the terms and conditions of the applicable permit application. The CITY further agrees that upon its approval of any plans, specifications, design drawings, maps, or other submittals of Property Owner in conjunction with such Non-Discretionary Permits (the "Approved Plans"), all further entitlements, approvals and consents required from the CITY to implement the Project which are consistent with and further implement such Approved Plans, shall be expeditiously processed and approved by the CITY in accordance with this Development Agreement. I. Cooperation 1. Cooperation with Other Public Agencies. The CITY acknowledges that the Property Owner may apply from time to time for permits and approvals as may be required by other governmental or quasi-governmental agencies having jurisdiction over the Project, in conjunction with the development of or provision of services to the Project, Development Agreement 13 Traigh Pacific Properties including, without limitation, approvals in connection with the developing and implementing a tertiary water system, potential transportation improvements and other on-site and off-site infrastructure. The CITY shall cooperate with Property Owner in its efforts to obtain such permits and approvals from such agencies (including without limitation, the Cucamonga Valley Water District, the Inland Empire Utilities Agency, the San Bernardino County Flood Control District and Southern California Edison), and shall provide any documents or certificates reasonably required to process and obtain such permits and approvals. 2. Construction of Off-Site Improvements. To the extent that Property Owner is required to construct any off-site street improvements as a condition of developing the Project, the Property Owner shall make good faith efforts to acquire any off-site property interests necessary to construct the required public improvements. If Property Owner fails to do so, Property Owner shall, at least 120 days prior to submittal of the first final subdivision map for approval, enter into an agreement to complete the improvements under Government Code Section 66462 and 66462.5 at such time as the CITY decides to acquire the property interests required for the public improvements. Such agreement shall provide for payment by Property Owner of all costs incurred by the City if the City decides to acquire the off-site property interests required in connection with the subdivision. Security for a portion of those costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the City, at Property Owner's cost. The appraiser shall have been approved by the CITY prior to commencement of the appraisal. To the extent that such off-site improvements, or the construction of any substantial infrastructure on-site, substantially benefit other property owners or other portions of the jurisdiction of limits of the CITY, the CITY agrees to assist Property Owner to the fullest extent possible in obtaining reimbursement or other fair share contribution by such other benefited property owners. Such assistance may include, without limitation, conditioning the approval of development projects proposed by such benefited property owners upon such owners' contribution, on a fair share, pro-rata basis, to the construction cost of such improvements. Without limiting the generality of the foregoing, the CITY agrees with respect to the infrastructure improvements which are adjacent to and benefit other properties (whether such properties are undeveloped or developed), any further discretionary approvals sought by such property owners shall be conditioned to require fair share reimbursement to Property Owner for construction and related costs incurred in providing such improvements to the extent legally permissible. 3. Public Financing. The Parties hereby acknowledge that substantial public improvements must be funded in order to contribute to the Park, Beautification, Equestrian and School Fees, and the remainder of the Project Site and that public financing of a substantial portion of these improvements will be critical to the economic viability of the Project. Subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements, the CITY agrees to cooperate with and assist Property Owner to the fullest extent possible in developing and implementing a public financing plan for the payment of public infrastructure fees and the construction of the public infrastructure improvements. The implementation of such plan may include, without limitation, the formation of one or more assessment districts, or Mello-Roos community facilities districts, or the issuance of Development Agreement 14 Traigh Pacific Properties bonds, certificates of participation, or other debt securities necessary to implement such plan. J. Creation of the Landscape and Street Lighting Maintenance District The CITY agrees to promptly form the necessary Landscape Maintenance District (LIVID) pursuant to California Streets and Highways Code Sections 22500 et seq (the "Landscape and Lighting Act of 1972") for the Project development to encompass the Project Site as well as the area being annexed by the CITY. The Property Owner shall pay for the formation of the LIVID. The Parties agree that the LIVID must be established no later than recordation of the First final tract map and that the CITY may create an LIVID, which allows annexation of other areas. In addition, if outside agencies, upon their review and approval of various components of the project, impose any non- standard improvements that require extraordinary maintenance responsibilities of the CITY, the CITY may impose the creation of additional maintenance districts upon the proposed development. Upon acceptance of improvements, the CITY (throughout the LIVID) shall assume full responsibility for the maintenance, repair and replacement of the improvements to be maintained by the LIVID pursuant to the LMDs governing documents. The Parties also acknowledge that assessments for the LMDs are collected annually in June, and to the extent that assessments are collected through the LIVID for the period ending June 2006, the City may request, and the Property Owner agrees to provide, reasonable cash deposit to fund the LIVID. The CITY shall promptly upon receipt of assessments the following June, reimburse Property Owner for any such cash advances to fund the LIVID. Property Owner shall annex to the existing Street Lighting District for arterial streets city-wide (SLD1). Streetlights on local streets shall be privately maintained. Section 3. ANNUAL REVIEW A. Good Faith Compliance Pursuant to California Government Code Section 65866.1, the CITY shall once every twelve (12) months during the term of this Development Agreement, review the extent of good faith substantial compliance by Property Owner with the terms of this Development Agreement; provided, however, that it is intended that this review shall apply to the Project Site as a whole, as opposed to each individual property owner who may own a parcel comprising the Project Site. In connection with such annual review, Property Owner shall provide such information as may reasonably be requested by the CITY in order to determine whether any provisions of this Agreement have been breached by Property Owner. If at any time prior to the review period there is an issue concerning a Property Owner's compliance with the terms of this Development Agreement, the provisions of this Section 3 shall apply. B. Certificate of Compliance If Property Owner is found to be in compliance with this Development Agreement after annual review, the City Planner shall, upon written request by Property Owner, issue a certificate of compliance ("Certificate of Compliance") to Property Owner stating that, based upon information known to the CITY, the Development Agreement remains in effect and Property Owner is not in default. The Certificate of Compliance shall be in recordable form and shall contain such information as shall impart constructive record of Development Agreement 15 Traigh Pacific Properties notice of compliance. Property Owner may record the Certificate of Compliance in the Official Records of the County of San Bernardino. C. Finding of Default If, upon completion of the annual review, the City Planner intends to find that Property Owner has not complied in good faith with the material terms of this Agreement (a "Default"), he shall first give written notice of such effect to the Property Owner. The notice shall be accompanied by copies of all staff reports, staff recommendations and other information concerning Property Owner's compliance with the terms of this Development Agreement as the CITY may possess and which is relevant to determining Property Owner's performance under this Development Agreement. The notice shall specify in detail the grounds and all facts-allegedly demonstrating such noncompliance, so Property Owner may address the issues raised on a point-by-point basis. Property Owner shall have twenty (20) days after its receipt of such notice to file a written response with the City Planner. Within 10 days after the expiration of such 20-day response period, the City Planner shall notify Property Owner whether he has determined that Property Owner is in Default under this Development Agreement ("Notice of Default"). Such Notice of Default shall specify the instances in which the Property Owner has allegedly failed to comply with this Development Agreement and the terms under which compliance can be obtained. The Notice of Default shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of the Notice of Default, and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. D. Right to Appeal Upon receipt of the Notice of Default, the Property Owner may appeal the City Planner's decision directly to the City Council. Such appeal shall be initiated by filing a written notice of appeal with the City Clerk within the (10) calendar days following the Property Owner's receipt of the Notice of Default. The hearing on such appeal shall be scheduled in accordance with Section 17.02.080 of the CITY Development Code. At the hearing, Property Owner shall be entitled to submit evidence and to address all the issues raised by the Notice of Default. If, after considering all the evidence presented at the hearing, the City Council finds and determines on the basis of substantial evidence the Property Owner is in Default, then the City Council shall specify in writing to Property Owner the instances in which the Property Owner has failed to comply and the terms under which compliance can be obtained, and shall also specify a reasonable time for Property Owner to meet the terms of compliance, which time shall not be less than thirty (30) days from the date of such writing from the City Council and which shall be reasonably related to the time necessary to bring Property Owner's performance into good faith compliance. E. Property Owner's Cure Rights If Property Owner is in Default under this Development Agreement, it shall have a reasonable period of time to cure such Default before action is taken by the CITY to terminate this Development Agreement Oor to otherwise amend or limit Property Owner's rights under this Development Agreement. In no event shall such cure period be less than the time set forth in the finding of Default made under Sections 3C or 3D above (as applicable) or less than the time reasonably necessary to cure such Default. Any such cure period shall be extended by force majeure circumstances described in Section 2.D.4 above. Development Agreement 16 Traigh Pacific Properties Section 4. ENFORCEMENT A. Enforcement by Either Party Subject to all requirements mandated by applicable state or federal or other law, this Development Agreement shall be enforceable by any of the parties to this Agreement. B. Cumulative Remedies In addition to any other rights or remedies, any of the Parties may institute legal action to cure, correct or remedy any Default (to the extent otherwise permitted herein and in Government Code Section 65864 et seq. or any successor laws and regulations), to enforce any covenant or agreement herein in this Development Agreement or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, and relief in the nature of mandamus. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. The provisions of this Section 4B are not intended to modify other provisions of the Development Agreement and are not intended to provide additional remedies not otherwise permitted by law. C. Attorney's Fees In any legal proceedings brought by either party to enforce any covenant or any of the Parties' rights or remedies under this Development Agreement including, without limitation, any action for declaratory or equitable relief, the prevailing party shall be entitled to recover reasonable attorneys' fees and all reasonable costs, expenses and disbursements in connection with such action. Any such attorneys' fees and other expenses incurred by either of the Parties in enforcing a judgment in its favor under this Development Agreement, shall be recoverable separately from and in addition to any other amount included in this judgment, and such attorneys' fees obligation is intended to be severable from the other provisions of this Development Agreement and to survive and not be merged into any such judgment. Section 5. MISCELLANEOUS PROVISIONS A. Successors and Assigns Subject to the provisions of Section 1C above, the terms of this Development Agreement shall be binding upon and inure to the benefit of the Parties, and their successors and assigns. Insofar as this Development Agreement refers to Property Owner, as defined herein, if the rights under this Development Agreement are assigned, the term "Property Owner" shall refer to any such successor or assign. B. Proiect as a Private Undertaking It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither party is acting as the agent of the other in any respect under this Development Agreement, and that each of the Parties is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, joint venture or other association of any kind is formed by this Development Agreement. The only relationship between the CITY and Property Owner is that of a government entity regulating the development of private property and the owner of such private property. Development Agreement 17 Traigh Pacific Properties C. Captions The captions of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. D. Mortaaae Protection 1. Discretion to Encumber. This Development Agreement shall not prevent or limit Property Owner, in any manner, at Property Owner's sole discretion, from encumbering the Project or any portion of the Project or any improvements on the Project, by any mortgage, deed of trust or other security device securing financing with respect to all or any part of the Project or any improvements thereon (a "Mortgage"). 2. Effect of Default. This Development Agreement shall be superior and senior to any mortgage subsequently placed upon the property, or any portion thereof, or any improvement thereon, including the lien of any mortgage or deed of trust. Despite the foregoing, breach of any provision of this Development Agreement shall not defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith for value. 3. Mortgagee Not Obligated. Notwithstanding anything in this Development Agreement to the contrary, (a) any holder of the beneficial interest under a Mortgage ("Mortgagee") may acquire to or possession of all or any portion of the Project or any improvement thereon pursuant to the remedies provided by its Mortgage, whether by I udicial or non-judicial foreclosure, deed in lieu of foreclosure, or otherwise, and such Mortgagee shall not have any obligation under this Development Agreement to construct, fund or otherwise perform any affirmative obligation or affirmative covenant of Property Owner hereunder or to guarantee such performance, and Mortgagee may, after acquiring title to all or any portion of the Project as aforesaid, assign or otherwise transfer the Project or any such portion thereof to any person or entity, and upon the giving of notice of such assignment or transfer to the CITY and the assumption by the assignee or transferee of the obligations of the Property Owner with respect to the Property Owner or portion thereof so acquired which arise or accrue from and after the date of assignment or transfer, Mortgagee shall be relieved and discharged of and from any and all further obligations or liabilities under this Development Agreement with respect to the Project or portion thereof so assigned or transferred; and (b) the consent of CITY shall not be required for the acquisition of all or any portion of the Project by any purchaser at a foreclosure sale conducted pursuant to the terms of any Mortgage, and such purchaser shall, by virtue of acquiring title to the Project or such portion thereof, be deemed to have assumed all obligations of Property Owner with respect to the Project or portion thereof so acquired which arise or accrue subsequent to the purchase date, but such purchaser shall not be responsible for any prior defaults of Property Owner; provided, however, that in either of the instances referred to in clauses (a) or (b) above, to the extent any obligation or covenant to be performed by Property Owner is a condition to granting of a specific benefit or to the performance of a specific covenant by CITY, the performance thereof shall continue to be a condition precedent to the CITY's granting of such benefit and performance of such covenant hereunder. Development Agreement 18 Traigh Pacific Properties 4. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If a Mortgagee files with the CITY Clerk, a written notice requesting a copy of any Notice of Default given Property Owner under this Development Agreement and specifying the address for delivery thereof, the CITY shall deliver to such Mortgagee, concurrently with delivery thereof to Property Owner, any notice given to Property Owner with respect to any claim of the CITY that Property Owner has not complied with the terms of this Development Agreement or is otherwise in Default under this Development Agreement. Each such Mortgagee shall have the right (but not the obligation) for a period of thirty (30) days after the expiration of any cure period given to Property Owner with respect to such Default, to cure such default; provided, however, that if any such Default cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be necessary to remedy or cure such Default, if such Mortgagee commences to remedy or cure within such thirty (30) day period, and thereafter diligently pursues and completes such remedy or cure. Notwithstanding the foregoing, if the Default is of a nature which can only be cured by Mortgagee by obtaining possession, such Mortgagee shall be deemed to have remedied or cured such Default such Mortgagee shall, within such thirty (30) day period, commences efforts to obtain possession and carry the same forward with diligence and continuity through implementation of foreclosure, appointment of a receiver or otherwise, and shall thereafter remedy or cure or commence to remedy or cure the Default within the cure period specified in Section 3.E above. 5. Bankruptcy. Notwithstanding the provisions of Section 5D4 above, if a Mortgagee is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings in the nature thereof to obtain possession of the Project Site by any process or injunction issued by any court or by any reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Property Owner, Mortgagee shall for the purposes of this Development Agreement be deemed to be proceeding with diligence and continuity to obtain possession of the Property during the period of such prohibition if Mortgagee is proceeding diligently to terminate such prohibition. 6. Amendment to Development Agreement. The CITY and Property Owner agree not to modify this Development Agreement or to allow this Development Agreement to be modified or amended in any way, or cancel this Development Agreement, without the prior written consent of each Mortgagee, which consent shall not be unreasonably withheld or delayed. Notwithstanding anything stated above to the contrary, the CITY and Property Owner shall cooperate in including in this Development Agreement, by suitable implementing agreement from time to time, any provision which may reasonably be requested by a proposed Mortgagee for the purpose of implementing the mortgagee-protection provisions contained in this Development Agreement and allowing such Mortgagee reasonable means to protect or preserve the lien of the Mortgage on the occurrence of a default under the terms of this Development Agreement. The CITY and Property Owner each agree to execute and deliver (acknowledge, if necessary for recording purposes) any implementing agreement necessary to effect such request; provided, however, that any such implementing agreement shall not in any material respect adversely effect any rights of the CITY under this Development Agreement or be materially inconsistent with the substantive provisions of this Development Agreement, the Project Entitlements and the Existing Laws. Development Agreement 19 Traigh Pacific Properties E. Consent Where the consent or approval of any of the Parties is required in or necessary under this Development Agreement, unless the context otherwise indicates, such consent or approval shall not be unreasonably withheld. F. Entire Agreement This Development Agreement and the documents attached to and referred to in this Development Agreement constitute the entire agreement between Parties with respect to the subject matter of this Development Agreement. G. Further Actions and Entitlements Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated under this Development Agreement in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. H. Governing Law This Development Agreement including, without limitation, its existence, validity, construction and operation, and the rights of each of the Parties shall be determined in accordance with the laws of the State of California. I. Recording The CITY Clerk shall cause a copy of this Development Agreement to be recorded in the office of the Recorder of the County of San Bernardino no later than ten (10) days following the effective date of this Development Agreement. J. Time Time is of the essence in this Development Agreement and of each and every term and condition of this Development Agreement. K. Waiver The failure of any of the Parties at any time to seek redress for any violation of this Development Agreement or any applicable law or regulation or to insist upon the strict performance of any term or condition shall not prevent any subsequent act or omission of the same or similar nature which would have originally constituted a breach of or default under this Development Agreement from having all the force and effect of an original breach or default, and such subsequent act or omission may be proceeded against to the fullest extent provided by this Development Agreement. No provision of this Development Agreement shall be deemed to have been waived by a parry unless the waiver is in writing and signed by any of the Parties. L. Partiallnvalidity If any term, covenant, condition or provision of this Development Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Development Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. M. Notices All notices between the CITY and Property Owner and any transferee under this Development Agreement, shall be in writing and shall be given by personal delivery, mail or facsimile. Notice by personal delivery or facsimile shall be deemed effective upon Development Agreement 20 Traigh Pacific Properties delivery of such notice to the party for which it is intended at the address set forth below (or, in the case of a transferee in a written notice to the CITY). Notice by mail shall be deemed effective upon receipt or rejection of the addressee. The Parties' current address are as follows: To CITY: Mr. Jack Lam, AICP City Manager City of Rancho Cucamonga 10500 Civic Center Drive Rancho Cucamonga CA 91730 With Copies to: Mr. James Markman City Attorney Richards, Watson, & Gershon One Civic Center Circle Brea CA 92821 To Property Owner: Mr. Tom Tracy Traigh Pacific/Parkwest Landscape c/o Tracy Development Company 26862 Paseo Cardero San Juan Capistrano CA 92675 With Copies to: Either Parties may change its mailing address or the person to whom notices are to be sent at any time by giving written notice of such change to the other Parties in the manner provided above. N. Indemnification Property Owner hereby agrees to indemnify, defend, and hold harmless the CITY and its Council members, representatives, agents, officers, attorneys, and employees (the "Indemnified Parties") from and against any third party claim, action, or proceeding against the Indemnified Parties to attack, set aside, void, or annul the approval of this Development Agreement, the Project Entitlements or both. IN WITNESS WHEREOF, the Parties have duly executed this Development Agreement as of the day and year first above written. CITY OF RANCHO CUCAMONGA TRAIGH PACIFIC PROPERTIES dba TRACY DEVELOPMENT Development Agreement 21 Traigh Pacific Properties By: By: Mayor NAME/TITLE ATTESTED TO: PARKWEST LANDSCAPE By: City Clerk NAMEITITLE APPROVED AS TO FORM: City Attorney Attorney for Traigh Pacific Properties (et.al.) Development Agreement 22 Traigh Pacific Properties MITIGATION MONITORING CHECKLIST Project File No.: SCH# 2003081085 Tract Development Project Applicant: Tracy Development Prepared by: Kent Norton — Michael Brandman Associates Date: April 28, 2004 ResponsibleMitigation Measures No. g of Method . FrequencyImplementing Action for Monitoring Date /initials Non-Compliance 1.0 Land Use and Planning 1-1 Prior to recordation of each phase,or issuance of grading CP Prior to Recordation or C, D 1, 2 permits for each phase,the applicant shall submit and obtain recordation grading permit approval of a landscape plan that demonstrates compliance or issuance issuance with the City of Rancho Cucamonga's Neighborhood Theme of grading Plan in the Etiwanda North Specific Plan,to the satisfaction of permits for the City Planning Department. each phase 2.0 Population and Housing None Required 3.0 Earth Resources 3-1 Prior to the issuance of building permits,the developer BO B Prior to building C 2 shall demonstrate that each lot is buildable & complies with permit issuance the recommendations and general earthwork and grading specifications found in the RMA Group Geotechnical Investigation (DEIR Appendix C). This measure shall be implemented to the satisfaction of the Building Official. 3-2 Prior to the issuance of grading permits and/or BO B Prior to grading C 1, 2 recordation of each phase, a detailed geologic and permit issuance geotechnical investigation shall be prepared and approved for and/or recordation the residential building areas and all roads. The report shall of each phase demonstrate that each lot is buildable and identify potential geologic and soil limitations and recommend appropriate engineering and design measures to adequately protect structures and inhabitants. This report shall also examine the drainage area adjacent to East Etiwanda Creek to identify potential landslide, erosion, or other slopes that could affect the residential area. Subsequent foundation and other design guidelines in these studies shall be consistent with the standards established in the RMA Group Geotechnical Investigation (DEIR Appendix C). This measure shall be implemented to the satisfaction of the City Engineer. Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date /initials Non-Compliance 3.0 Earth Resources 3-3 Prior to the issuance of grading permits and/or BO B Prior to grading C 1, 2 recordation, construction measures recommended by the permit issuance detailed geological investigation identified in Measure 3-2 and/or recordation shall be identified on grading plans and implemented to the satisfaction of the City Engineer. 3-4 Prior to the issuance of a grading permit for each phase, BO B C Prior to grading A, C 2,4 the developer shall prepare and submit a Dust Control Plan to permit issuance the City that meets all applicable requirements of the for each phase SCAOMD. The Plan must be approved by the City Building and Safety Department, prior to issuance of the grading permit and demonstrate that methods are in place to assure the following: a)Areas disturbed by construction activities and/or used to store backfill materials, will be sprayed with water at least twice a day, in the morning and afternoon, or more often if fugitive dust is observed migrating from the site. b)Storage piles, which are to be left in place for more than three working days shall either be sprayed with a non-toxic soil binder or covered with plastic or revegetated until placed in use. c)Tires of vehicles will be washed before the vehicle leaves the project site and enters a paved road. d)Dirt on paved surfaces shall be removed daily to minimize generation of fugitive dust. 3-5 Prior to the issuance of building permits,where cut and CP B Prior to building A 2 fill slopes are created higher than three feet, a detailed permit issuance Landscape and Irrigation Plan shall be submitted to the City Planning Department prior to grading plan approval. The plans shall be reviewed for type and density of ground cover, shrubs, and trees, and shall be consistent with the Neighborhood Theme Plan of the Etiwanda North Specific Plan. This measure shall be implemented to the satisfaction of the City Planner. 3-6 Prior to the issuance of building permits, graded, but BO B, C Prior to building A, C 2, 3 undeveloped land shall be maintained weed-free and planted permit issuance with interim landscaping within ninety days of completion of grading,unless building permits are obtained. This measure shall be implemented to the satisfaction of the City Building Official. 2OF21 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/Initials Non-Compliance 3.0 Earth Resources 3-7 Prior to the issuance of occupancy permits, planting of CE B, C Prior to A, C 3 developed land shall comply with the National Pollutant occupancy permit Discharge Elimination System (NPDES) Best Management issuance Practices Construction Handbook Section 6.2. This measure shall be implemented to the satisfaction of the City Engineer. 3-8 Prior to the issuance of building permits,all grading shall BO B, C Prior to building A,C 2 be conducted in conformance with the recommendations permit issuance contained within the Geotechnical Report included as DEIR Appendix B. This measure shall be implemented to the satisfaction of the City Engineer. 4.0 Water Resources 4-1 Prior to the issuance of a grading permit, the developer CE B Prior to grading A, C 2 shall obtain Clean Water Act Section 401 and 404 permits(for permit issuance water quality certification for dredge and fill operations), if necessary,from the U.S.Army Corps of Engineers. Copies of the same shall be provided to City Building and Safety. This measure shall be implemented to the satisfaction of the City Engineer. 4-2 Prior to issuance of the first occupancy permit, the CE B Prior to issuance B 3 planned revetment along the East Etiwanda Channel adjacent of first occupancy to the project site shall be installed,subject to approval by the permit San Bernardino County Flood Control District and receipt of that approval to the City Engineer. 4-3 Prior to the recordation of each phase or approval of a CE B Prior to the A, B, C 1, 2 grading permit, the project proponent will implement the on- recordation of and off-site drainage system improvements as outlined in the each phase or project Drainage Study (DEIR Appendix D). This includes approval of a detention facilities proposed at 24th Street(Wilson Avenue) grading permit and Etiwanda Creek or onsite, participation in the County's Etiwanda Creek fee program, and participation in the City of Rancho Cucamonga's Etiwanda/San Sevaine Area Drainage Policy program, including appropriate fair share fees. Implementation of this measure is subject to review and approval by the City Engineer prior to issuance of a grading permit. 3OF21 Mitigation Measures No. I Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action Date/initials Non-Compliance 4.0 Water Resources 4-4 Prior to issuance of building permits,the applicant shall CE B Prior to building D 2 submit to the City Engineer for approval of a Water Quality permit issuance Management Plan (WQMP), including a project description and identifying Best Management Practices(BMPs)that will be used on-site to reduce pollutants into the storm drain system to the maximum extent practicable. The WQMP shall identify the structural and non-structural measures consistent with the Guidelines for New Development and Redevelopment adopted by the City of Rancho Cucamonga June 2000. 4-5 Prior to issuance of grading or paving permits, applicant CE B Prior to grading or D 2 shall submit to the City Engineer a Notice of Intent(NOI)to paving permits comply with obtaining coverage under the National Pollutant Discharge Elimination System(NPDES)General Construction Storm Water Permitfrom the State Water Resources Control Board. Evidence that this has been obtained (i.e., a copy of the Waste Dischargers Identification Number) shall be submitted to the City Engineerfor coverage underthe NPDES General Construction Permit. 4-6 Prior to the issuance of building permits, drainage and CE B Prior to building A, C 2 flood control facilities and improvements shall be designed permit issuance and constructed in accordance with the San Bernardino County Flood Control District requirements, as applicable. This measure shall be implemented to the satisfaction of the County Flood Control District and receipt of approval by the City Engineer. 4-7 Prior to issuance of a grading permit,the developer will CE B Prior to grading C 2 pay the required drainage fee related to the San Bernardino permit issuance County Flood Control District Etiwanda Creek watershed. This measure shall be implemented to the satisfaction of the County Flood Control District and receipt of approval by the City Engineer. 4OF21 Mitigation Measures No. I Responsible g of Method • Implementing Action for Monitoring Frequency Verification Verification Date Anitials Non-Compliance 5.0 Transportation and Circulation - 5-1 Prior to the issuance of the first occupancy permit for the CE D Prior to first B, D 3 project, the following intersections are projected to be occupancy permit warranted for traffic signals by opening year: issuance • Day Creek Boulevard (NS)at Banyan Avenue(EW) • Day Creek Boulevard (NS) at SR-210 West Bound Ramp(EW) • Day Creek Boulevard (NS) at SR-210 East Bound Ramp(EW) • Etiwanda Avenue (NS)at Banyan Avenue (EW) • Etiwanda Avenue (NS)at Wilson Avenue(EW) • East Avenue (NS)at Banyan Avenue(EW) The applicant shall make a fair share contribution, as identified in the project traffic report, to the traffic signal mitigation program of the County of San Bernardino and/or City of Rancho Cucamonga, as appropriate. This measure shall be implemented to the satisfaction of the City Engineer. 5-2 Prior to the issuance of building permits for each phase, CE C Prior to building A, B. C 2 the project shall incorporate bus turn-outs and/or shelters if permit issuance required by Omni-Trans and/or the Transportation for each phase Commission. The project applicant shall consult with and obtain clearance from these agencies to assure compliance with the Regional Mobility and Air Quality Management Plans. Confirmation of contact and compliance with their requirements shall be provided to the City Engineer. This measure shall be implemented to the satisfaction of the City Engineer. 5-3 Prior to the issuance of building permits for each phase, CE B Prior to building C 2 the applicant shall pay a fair share basis for off-site permit issuance improvements as identified in the project traffic report. This for each phase measure shall be implemented to the satisfaction of the City Engineer, including but not limited to the following: • 241"Avenue(Wilson Avenue)from Etiwanda Avenue to Day Creek; • Day Creek Boulevard from 24'" (Wilson)to Highland Avenue; 24`" (Wilson)between Etiwanda Avenue and Wardman Bullock Road; and • East Avenue from south of the project limit to 23rd Street. 5OF21 Mitigation ActionImplementing Date/Initials Non-Compliance 5.0 Transportation and Circulation 5-4 Prior to the issuance of building permits for each phase, CE B Prior to building C 2 the applicant shall pay a"fair share"contribution towards off- permit issuance site impacts to linked roadways and intersections,as outlined for each phase in the project traffic report. The project share of the cost has been calculated based on the proportion of the project peak hour traffic contributed to the improvement location relative to the total new peak hour Year 2015 traffic volume. The project's fair share of identified intersection and roadway link cost is $63,818 as of the date of the traffic study. This measure shall be implemented to the satisfaction of City Engineer, including any changes in the project's fair share contribution due to changes in the Consumer Price Index or similar public works measures. 5-5 Prior to issuance of an occupancy permit for the first CE D Prior to first A 3 residential unit, the developer shall construct East Avenue occupancy permit and Etiwanda Avenue to City standards, as outlined in the issuance project traffic report. These improvements will be made to the satisfaction of the City Engineer. 5-6 Prior to the issuance of grading permits, the developer CE B Prior to grading A, D 2 shall coordinate all construction-related activities to minimize permit issuance congestion and delay on local roadways,to the satisfaction of City Engineer. 6OF21 Mitigation Measures No. I Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 5.0 Transportation and Circulation 5-7 Prior to the issuance of grading permits, the developer BO B Prior to grading D 2 shall submit a Dust Control Plan (DCP) to the City Building permit issuance and Safety Department consistentwith SCAQMD guidelines. The DCP shall include activities to reduce on-site and on-site dust production. This measure shall be implemented to the satisfaction of the City Building Official. Such activities shall include,but are not limited to,the following: a)Throughout grading and construction activities,exposed soil shall be kept moist through a minimum of twice daily watering to reduce fugitive dust. b)Street sweeping shall be conducted, when visible soil accumulations occur along site access roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving dirt or bringing construction materials. Site access driveways and adjacent streets will be washed if there are visible signs of any dirt track-out at the conclusion of any workday. c)AII trucks hauling dirt away from the site shall be covered to prevent the generation of fugitive dust. d)During high wind conditions(i.e.,wind speeds exceeding 25 mph), areas with disturbed soil will be watered hourly, and activities on unpaved surfaces shall be terminated until wind speeds no longer exceed 25 mph. 6.0 Air Quality 6-1 During construction, all construction equipment shall be BO C City Inspectors to A 4 maintained in good operating condition so as to reduce monitor during operational emissions. Contractor shall ensure that all construction construction equipment is being properly serviced and maintained as per manufacturers' specifications. Maintenance records shall be available at the construction site for City verification. 6-2 Prior to the issuance of any grading permits, developer CP B Developer to C, D 2 shall submit construction plans to City denoting the proposed submit schedule and projected equipment use. Construction documentation of contractors shall provide evidence that low emission mobile compliance construction equipment will be utilized, or that their use was investigated and found to be infeasible for the project. Contractors shall also conform to any construction measures City Inspectors to A 4 imposed by the South Coast Air Quality Management District monitor (SCAQMD)as well as City Planning Staff. compliance 7OF21 Mitigation Measures No. Responsible Monitoring Timing of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification . . - D. 6.0 Air Quality 6-3 During construction,all paints and coatings shall meet or BO C City Inspectors to A 4 exceed performance standards noted in SCAQMD Rule 1113. monitor Paints and coatings shall be applied either by hand or high compliance volume, low-pressure spray, to the satisfaction of the City during painting Inspectors. 6-4 During construction, all asphalt shall meet or exceed BO C City Inspectors to A 4 performance standards noted in SCAQMD Rule 1108,to the monitor satisfaction of the City Inspectors. compliance during paving 6-5 During grading and construction, the prime contractor BO C City Inspectors to A 4 shall post signs requiring that trucks shall not be left idling for monitor prolonged periods (i.e.,in excess of 10 minutes). compliance during construction 6-6 During construction, all construction equipment shall BO C City Inspectors to A 4 comply with SCAQMD Rules 402 and 403,to the satisfaction monitor of the City Inspectors. Additionally,contractors shall include nce complia the following provisions: during • Reestablish ground cover on the construction site construction through seeding and watering; • Pave or apply gravel to any on-site haul roads; • Schedule activities to minimize the amounts of exposed excavated soil during and after the end of work periods; • Dispose of surplus excavated material in accordance with local ordinances and use sound engineering practices; • Sweep streets according to a schedule established by the City if silt is carried over to adjacent public thoroughfares or occurs as a result of hauling. Timing may vary depending upon time of year of construction; • Suspend grading operations during high winds(i.e., wind speeds exceeding 25 mph)in accordance with Rule 403 requirements;and • Maintain a minimum 24-inch freeboard ratio on soils haul trucks or cover payloads using tarps or other suitable means. 8OF21 Mitigation Measures No. Responsible Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 6.0 Air Quality 6-7 During grading, the site shall be treated with water or BO B City Inspectors to A, D 4 other soil-stabilizing agent (approved by SCAQMD and monitor Regional Water Quality Control Board [RWQCBj) daily to compliance reduce PM10 emissions, in accordance with SCAQMD Rule during grading 403.This measure shall be implemented to the satisfaction of the City Inspectors. 6-8 Chemical soil stabilizers (approved by SCAQMD and BO C City Inspectors to A 4 RWQCB) shall be applied to all inactive construction areas monitor that remain inactive for 96 hours or more to reduce PM10 compliance emissions. This measure shall be implemented to the during satisfaction of the City Inspectors. construction 6-9 During construction, contractors shall utilize electric or BO C City Inspectors to A 4 clean alternative fuel powered equipment where feasible. monitor This measure shall be implemented to the satisfaction of the compliance City Inspectors. 6-10 During construction, contractors shall ensure that BO C City Inspectors to A 4 construction and grading plans include a statement that work monitor crews will shut off equipment when not in use. This measure compliance shall be implemented to the satisfaction of the City Inspectors. during construction 6-11 Prior to approval of building permits,the developer shall BO B Developer C 2 demonstrate that all residential structures have incorporated submits plans for high efficiency/low polluting heating, air conditioning, approval appliances and water heaters. This measure shall be implemented to the satisfaction of the City Building Official. 6-12 Prior to approval of building permits,the developer shall BO B Developer C 2 demonstrate that all residential structures have incorporated submits plans for thermal pane windows and weather-stripping. This measure approval shall be implemented to the satisfaction of the City Building Official. 6-13 Prior to the issuance of building permits,the developer CP B Developer C, D 2 shall submit and obtain approval of a plan forthe provision of submits plans for adequate pedestrian and bicycle facilities for project residents approval throughout the project. The plan shall detail the construction timing for bike racks at the two parks, sidewalks, and trails based upon completion prior to occupancy of the first unit of the subject phase. This measure shall be implemented to the satisfaction of the City Planning Department. 9OF21 Mitigation . I Responsible . . . Timing . . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 6.0 Air Quality 6-14 Prior to the issuance of the first occupancy permit,the CE B Developer C, D - 2 applicant shall make a fair share contribution to a park and submits proof of ride facility along the 1-15 or 1-10 Freeways that would serve fee payment project residents. The fair share calculation shall be determined to the satisfaction of City Engineer. The applicant shall place the appropriate funds in a special accountfor such purposes. This measure shall be implemented to the satisfaction of the City Engineer. 6-15 Prior to issuance of the first occupancy permit, the CE E Developer shall B, D 3 applicant shall provide a bus stop/shelter at the trailhead park construct bus to OmniTrans standards if so directed by OmniTrans, and to stop/shelter if the satisfaction of the City Engineer. needed 7.0 Biological Resources 7-1 If necessary, the applicant shall obtain the appropriate CP B Developer shall B, D 2 federal Clean Water Act(CWA)Section 404 permit from the obtain U.S. Army Corps of Engineers. If a permit is required, the determination applicant will mitigate any loss of jurisdictional land or wetland from USACOE if areas at a minimum 1:1 ratio, which is consistent with the permit is needed project delineation report. This measure shall be —developer shall implemented to the satisfaction of the City Planning obtain if needed Department prior to the issuance of grading permits. 7-2 Prior to the issuance of a grading permit, the applicant CP B Developer shall B, D 2 shall obtain a CWA Section 401 Certification from the obtain Regional Water Quality Control Board, if necessary. This determination measure shall be implemented to the satisfaction of the City from RWQCB if Planning Department prior to the issuance of grading permits. permit is needed —developer shall obtain if needed 7-3 If necessary, the applicant shall obtain a Streambed CP B Developer shall B, D 2 Alteration Agreement(SAA)from the California Department of obtain Fish and Game. If an SAA is required, the applicant will determination mitigate any loss of jurisdictional land at a minimum 1:1 ratio from CDF&G if as recommended by the project biology report. This measure permit is needed shall be implemented to the satisfaction of the City Planning —developer shall Department prior to the issuance of grading permits. obtain if needed 10 OF 21 Mitigation Measures No. Responsible of Verified Sanctions for ImplementingDate/initials Non-Compliance 7.0 Biological Resources 7-4 Prior to the issuance of occupancy permits, all CP D Developer shall A 3 manufactured slopes on the periphery of the development install required shall be landscaped as approved by Planning staff. This landscaping measure shall be implemented to the satisfaction of the City Planner, prior to the issuance of occupancy permits for the first unit in each phase. Prior to recordation of each phase, the phase map shall contain a note requiring this measure. 7-5 Prior to issuance of a grading permit,the applicant shall CP B Developer shall B, D 2 acquire and convey to the County Special District OS-1 or provide proof of other appropriate conservation organization 164 acres of land CSD within or near the NEOSHPP area that supports alluvial fan establishment sage scrub and/or upland sage scrub. This measure is proposed to mitigate the potential loss of habitat for sensitive plant and animal species,and the loss of raptor foraging land. This offsite mitigation land(OML)shall be of equal or greater habitat value than that of the project site. The identification and transfer of OML will be to the satisfaction of the City Planning Department,in accordance with the guidelines of the NEOSHPP. All reasonable efforts will be made to locate the CML within or near the NEOSHPP area. This measure shall be implemented to the satisfaction of the City Planning Department. 7-6 Prior to the issuance of grading permits, a protocol CP B Biologist shall D 2 gnatcatcher survey shall be conducted. If any individuals or conduct protocol nesting pairs of birds are found onsite, the developer shall surveys before obtain appropriate take authorization and additional mitigation grading land shall be added to the amount of Offsite Mitigation Land (OML) described in Measure 7-5 according to the following minimum ratios: individual = 15 acres, nested pair = 30 acres. If gnatcatchers are found onsite, an Incidental Take Permit would be required from the U.S. Fish & Wildlife Service either by a Section 10(a)permit or through a Section 7 Consultation with the U.S. Army Corps of Engineers. This measure shall be implemented to the satisfaction of the City Planning Department. 11 OF 21 - Mitigation . . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance ..-_ y. . . T=NT .T4 -. v3.W]IP•. AT 'e T.fti WT+4Y.�a� P.:�.. � .: 7.0 Biological Resources 7-7 Prior to the issuance of a grading permit,the developer CP B Biologist shall D 2 shall conduct a protocol survey for the San Bernardino conduct protocol kangaroo rat (SBKR) and the Santa Ana wooly star within surveys before those areas of East Etiwanda Creek within 50 feet of the grading "punch through" connection of the new northern drainage channel to the creek channel. This survey is to verify that these species do not occupy area to be disturbed by construction. If SBKR and/or Santa Ana wooly star are found to be present,the developer shall comply with applicable U.S. Fish and Wildlife Service requirements, which may include obtaining a federal Endangered Species Act Section 10(a) permit or a Section 7 Consultation through the U.S. Army Corps of Engineers. SBKR or wooly star habitat disturbed by construction will be mitigated at a minimum ratio of 2:1 subject to any subsequent USFBWS permit conditions and receipt or notification to the City Planning Department. 7-8 If grading of the site has not occurred before February 15 CP B Biologist shall D 2 of 2005,protocol surveys for SBKR and gnatcatchers will be conduct protocol performed over the entire site, and each spring thereafter, surveys before until grading is completed. Any occupied habitat found during grading those surveys for either species will be added to the amount of offsite mitigation land required under the Draft EIR (164 acres). 7-9 The developer to provide an appropriate contribution for CP B Developer shall B 2 the project toward funding a local brawn-headed cowbird demonstrate proof trapping program to further benefit gnatcatchers in this area. of payment The amount of this contribution, and the location of the trapping program, shall be determined by the City in consultation with the California Department of Fish and Game. The contribution shall be made prior to grading,to the satisfaction of the City Planning Department in consultation with the California Department of Fish and Game. 7-10 Prior to issuance of grading permits,a qualified biologist CP B Biologist shall D 2 shall conduct a survey for nesting birds on the site. Any conduct protocol occupied nest shall be avoided and separated by at least 200 surveys before feet from ground-disturbing activities. Nesting areas are to be grading marked by orange construction fencing. The biologist shall verify a nest has been abandoned prior to removing the fencing and commencing ground-disturbing activities in anyof these areas. 12 OF 21 Mitigation Measures No. Responsible of Method of Verified Sanctions for MonitoringImplementing Action for . 8.0 Energy and Mineral Resources None Required 9.0 Hazards 9-1 Prior to the issuance of grading permits, the developer CE B Developer shall B, D 2 shall submit a plan to the Rancho Cucamonga Fire Protection submit plan for District (RCFPD) for each phase for the proper clean up of review and any hazardous or toxic substance that is discovered or approval by released during construction. The plan will require the RCFPD developer to properly clean-up and remove anycontaminated soil or other material;restore the affected area to background conditions or to regulatory threshold levels for the contaminant(s) accidentally released or discovered; and deliver the contaminated material to an appropriate treatment, recycling,or landfill facility in accordance with the regulations for the type of contaminant accidentally released and collected for management. This measure shall be implemented to the satisfaction of the RCFPD. 9-2 Each individual lot owner will be required to maintain their BO E RCFPD to A Notice/Fine for side and back yards with 30 feet of irrigated'Yirewise"Zone 1 conduct annual RCFPD to perform landscaping or equivalent. No buildings are to be built within inspections required work if this setback area. Swimming pools and non-combustible needed deck coverings are permissible. Any remaining portion of the backyard lot will be maintained to either Zone 1 or Zone 2 criteria depending on the lot depth. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-3 Landscape and maintenance for the manufactured BO E RCFPD to A Notice/Fine for slopes common areas will be to Zone 2 criteria. These areas conduct annual RCFPD to perform may be irrigated,ornamental firewise landscaping,or planted inspections required work if with native fire resistant plants and trees. Access points needed every 500 feet shall be available to perform annual maintenance. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 13 OF 21 Mitigation Measures No. Responsible of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 9.0 Hazards 9-4 A special fuel modification zone easement shall be BO E RCFPD to A Notice/Fine for located outside and adjacentto the northern project boundary conduct annual RCFPD to perform within the electric utility corridor and on flood control district inspections required work if land where all native and exotic vegetation will be treated to needed Zone 2 criteria on a strip of land 50 feet in width. Also,a Fuel Modification Zone Easement of 75 feet in width will be created and maintained by the maintenance authority adjacent to the east side of Lot 46,Phase 4. Alternatively,the tentative tract map may be modified to allow an appropriate onsite Fuel Modification Zone along the northern boundary if the electric corridor cannot be used. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-5 All residential structures within the Tract 14749 BO D RCFPD or City to A 3 development will be built with a Class A Roof Assembly, conduct including a Class A roof covering and attic or foundation inspections ventilation louvers or ventilation openings in vertical walls shall not exceed 144 square inches per opening. These opening shall be covered with I/. inch mesh corrosion- resistant metal screening or other approved material that offers equivalent protection. Atfic ventilation shall also comply with the requirements of the Uniform Building Code(U.B.C.). Ventilation louvers and openings may be incorporated as part of access assemblies. This measure shall be implemented to the satisfaction of the Rancho Cucamonga Fire Protection District. 9-6 A six-foot high solid non-combustible wall shall be CP D Developer to A 3 constructed along the entire length of the north,east and west construct property lines to minimize fire danger. This measure shall be perimeter walls implemented to the satisfaction of the City Planning Department. 9-7 Prior to the issuance of the first occupancy permit, the CP D Developer to A 3 applicant shall provide signs along the community trails, prepare and including the west bank of East Etiwanda Creek, that warn install signs per residents of the potential risk of wildlife/human interactions. City direction The wording, design, number, and placement of the signs shall be to the satisfaction of the City Planning Department. 14 OF 21 Mitigation . I ResponsibleMonitoring . . of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 9.0 Hazards 9-8 The applicant shall provide wildlife resistant trash CP D Developer shall A 3 receptacles at the parks and other public facilities to prevent provide required foraging by local wildlife. The design and placement of the facilities receptacles shall be to the satisfaction of the City Planning Department. 10.0 Noise 10-1 Construction or grading noise levels shall not exceed CP C Developer shall A 4 the standards specified in Development Code Section retain noise 17.02.120-D, as measured at the property line. Developer consultant to shall hire a consultant to perform weekly noise level perform required monitoring as specified in Development Code Section monitoring 17.02.120. Monitoring at other times may be required by the Planning Division. Said consultant shall report their findings to the Planning Division within 24 hours; however, if noise levels exceed the above standards,then the consultant shall immediately notify the Planning Division. If noise levels exceed the above standards,then construction activities shall be reduced in intensity to a level of compliance with above noise standards or halted. 10-2 During construction,haul truck deliveries shall not take BO C City Inspectors to A 4 place between the hours of 8:00 p.m. and 6:30 a.m. on monitor weekdays,including Saturday,or at any time on Sunday or a compliance national holiday. Additionally,if heavy trucks used for hauling during would exceed 100 daily trips (counting both to and from the construction construction site), then the developer shall prepare a noise mitigation plan denoting any construction traffic haul routes. To the extent feasible,the plan shall denote haul routes that do not pass sensitive land uses or residential dwellings. 15 OF 21 Mitigation Measures No. Responsible g of Method . Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 10.0 Noise 10-3 Prior to the issuance of grading and building permits for BO B Developer to D 2 each phase, the developer shall confirm to Building and submit Safety in writing that all construction equipment, fixed or documentation of mobile,shall use properly operating mufflers. No combustion compliance to equipment,such as pumps or generators,shall be allowed to City operate within 500 feet of any occupied residence from 6:30 p.m.to 7 a.m.unless the equipment is surrounded by a noise protection barrier. Stationary equipment shall be placed in such a manner as emitted noise is directed away from sensitive receptors. Additionally, stockpiling of vehicles and staging areas shall be located as far as practical from sensitive noise receptors as well. The developer shall include this provision and adherence to all conditions of approval as a requirement of all construction contracts for this site. This measure shall be implemented to the satisfaction of the City Planning Department. 10-4 Prior to the issuance of grading and/or building permits, CP B Developer C 2 all construction staging shall be performed at least 500 feet submits plan to from occupied dwellings. The location of staging areas, as City for review indicated on the grading plan, will be subject to review and approval by the City Planning Department. C City Inspectors A 4 monitor 10-5 Prior to the issuance of building permits for each phase, BO B Developer shall C, D 2 the developer will document that exterior residential areas will submit proof of have exterior noise levels of less than 65 dB CNEL, to the compliance satisfaction of the City Building and Safety Department. 10-6 Prior to the issuance of occupancy permits for each BO D Developer shall D 3 phase,the developer shall document that interior living areas submit proof of have noise levels less than 45 dB CNEL,to the satisfaction of compliance the Building and Safety Department. 10-7 Prior to the issuance of building permits for each phase, BO D City Inspectors to A, D 2 the developer shall incorporate site designs and measures to verify compliance help reduce proposed noise levels over the long-term. Residential lots with rear yards or side yards adjacent to collector streets(i.e.Lower Crest)shall be constructed with a 6-foot block wall along the perimeter or demonstrate with an additional noise study that ultimate traffic volumes onsite will not exceed the noise performance standards in the City Development Code to the satisfaction of the Building and Safety Department. 16 OF 21 Mitigation Measures . Responsible Monitoringg of Method of Verified Sanctions ImplementingDate Anitials Non-Compliance 11.0 Public Services 11-1 Prior to the issuance of building permits for each phase, BO B Developer to D 2 the developer and/or individual homebuilders shall pay all submit proof of legally established public service fees, including police,fire, fee payments schools, parks, and libraries to the affected public agencies as stipulated in the Development Agreement. This measure shall be implemented to the satisfaction of the City Building and Safety Department. 11-2 Prior to the issuance of building permits for each phase, CP B Developer to C 2 the developer and/or individual homebuilders shall comply submit plans to with all design requirements of affected public agencies such agencies for as police, fire, health, etc. This measure shall be review and implemented to the satisfaction of the City Planning approval Department. 11-3 Prior to the issuance of building permits for each phase, FC B Developer to C 2 the applicant shall obtain approval of the Fire Department with submit plans to regard to determination of adequate fire flow and installation RCFD for review of acceptable fire resistant structural materials in project and approval buildings. 11-4 Prior to the issuance of occupancy permits for each BO D Developer shall B 3 phase,the applicant shall pay all legally established impact submit proof of fees to the Etiwanda School District and the Chaffey Joint payment of school Union High School District in accordance with state law. fees Proof of such payment shall be submitted to City Building and Safety Department. 11-5 Prior to recordation for each phase,the developer shall CE B Developer shall D 1 post a bond in an amount to be determined by the City demonstrate Engineering Department to ensure installation and payment of bond maintenance of all public and private roads and drainage facilities necessary for each phase of the project. This measure shall be implemented to the satisfaction of the City Engineer. 12.0 Utilities 12-1 Prior to the issuance of building permits for each phase, • BO B Developer shall B 2 the applicant shall provide funding to the Cucamonga County demonstrate Water District for sewer service. Additionally,the Cucamonga payment County Water District will be required to provide funds to the Inland Empire Utilities Agency for treatment of the project's wastewater. Proof of such payment shall be submitted to the City Building and Safety Department. 17 OF 21 Mitigation . . g of Method of Verified Sanctions for Implementing Action for Monitoring Frequency Verification Verification Date/initials Non-Compliance 12.0 Utilities 12-2 Prior to the issuance of grading permits, development CE B Developer shall B 2 plans shall be provided to Southern California Edison, the submit proof of Gas Company, and Verizon, as they become available in review and order to facilitate engineering, design and construction of approval by other improvements necessary to provide electrical, natural gas, agencies and telephone service to the project site. This shall be done to the satisfaction of the City Engineer. 12-3 Prior to the issuance of building permits,the applicant CE B Developer shall B 2 shall apply for and obtain will-serve letters from SCE,SCGC, submit service and Verizon and place them on file with the City Engineer. letters from other agencies 12-4 Prior to the issuance of building permits,the applicant CE B Developer shall B, C 2 shall comply with the guidelines provided by SCE,SCGC,and submit proof of Verizon in regard to easement restrictions, construction review and guidelines, protection of pipeline easements, and potential approval by other amendments to right-of-way in the areas of any existing agencies easements of these companies. This shall be done to the satisfaction of the City Engineer. 13.0 Aesthetics, 13-1 All outdoor lighting shall be submitted to the Planning CP B Developer shall C 2 Department for plan check and shall comply with the submit lighting requirements of Etiwanda North Specific Plan design plans to City for guidelines and the City General Plan. This measure shall be review and implemented to the satisfaction of the City Planner. approval 13-2 Prior to issuance of building permits the developer shall CE B Developer shall C 2 submit construction plans for any signage associated with the submit signage site, including entrance monuments (but excluding street plans to City for signs and traffic signs), primarily of natural appearing review and materials (i.e. wood and rock), consistent with the Etiwanda approval North Specific Plan design guidelines. If signs are lighted, light must be directed toward the sign rather than backlighting. This measure shall be implemented to the satisfaction of the City Planning Department. 13-3 Prior to final inspection or occupancy of each phase,the CP D City Planners to A 3 City will evaluate the site lighting, including entrance lighting, inspect lighting The lighting will be adequately shielded or directed to minimize on-and offsite impacts,to the satisfaction of the City Planning Department. 18 OF 21 Mitigation Measures No. I Responsible Monitoring Timing of Method . Implementing Action for Monitoring Frequency Verification Verification Date 13.0 Aesthetics 134 Prior to recordation for each phase, the developer will BO B Developer to D 1 provide the telephone numbers of persons to contact if there provide numbers are complaints about noise, odors, night-lighting, etc. from to City activities on the project site. This information should be displayed on a sign visible from the entrance to the development. This measure shall be implemented to the satisfaction of the City Building and Safety Department. 13-5 Prior to issuance of building permits the developer will CP B Developer to C 2 prepare a detailed landscaping and wall treatment plan for the submit landscape Phase 1 area along the "Lower West Collector," to the plans to City for satisfaction of the City Planning Department.Special attention review and shall be given to the landscape treatments along Etiwanda approval Avenue and East Avenue and at entrances to the project. 14.0 Cultural Resources 14-1 A qualified paleontologist shall conduct a CP B Developer to A, B, D 2 preconstruction field survey of the project site. The retain paleo to paleontologist shall submit a report of findings that will also survey site provide specific recommendations regarding further mitigation measures (i.e., paleontological monitoring) that may be appropriate. Where mitigation monitoring is appropriate,the program must include, but not be limited to, the following measures: • Assign a paleontological monitor, trained and equipped to allow the rapid removal of fossils with minimal construction delay,to the site full-time during the interval of earth-disturbing activities; • Should fossils be found within an area being cleared or graded,divert earth-disturbing activities elsewhere until the monitor has completed salvage. If construction personnel make the discovery, the grading contractor should immediately divert construction and notify the monitor of the find;and Submit summary report to City of Rancho Cucamonga. Transfer collected specimens with a copy of the report to San Bernardino County Museum. 19 OF 21 Mitigation . I Responsible . . . Timingof . . . . . VerificationImplementing Action for Monitoring Frequency Date/initials Non-Compliance 14.0 Cultural Resources 14-2 If any prehistoric archaeological resources are CP C Developer will A 4 encountered before or during grading, the developer will retain archaeo retain a qualified archaeologist to monitor construction monitor activities,to take appropriate measures to protector preserve them for study. With the assistance of the archaeologist,the City of Rancho Cucamonga will: • Enact interim measures to protect undesignated sites from demolition or significant modification without an opportunity for the City to establish its archaeological value; • Consider establishing provisions to require incorporation of archaeological sites within new developments, using their special qualities as a theme or focal point; • Pursue educating the public about the area's archaeological heritage; • Propose mitigation measures and recommend conditions of approval to eliminate adverse project effects on significant, important, and unique prehistoric resources,following appropriate CEQA guidelines; • Prepare a technical resources management report, documenting the inventory, evaluation, and proposed mitigation of resources within the project area. Submit one copy of the completed report with original illustrations, to the San Bernardino County Archaeological Information Center for permanent archiving;and • If artifacts of Native American (NA) origin are discovered,official representatives of the NA groupwill be consulted to determine the most appropriate disposition of the artifacts, to the satisfaction of the City Planning Department in agreement with County Museum and the NA group. 15.0 Agricultural Resources None Required 16.0Recreation, 16-1 The applicant will submit conceptual park design and CP B Developer to C 2 landscaping plans to the City subject to the approval of the submit park plans City Planning Department. to City for review and approval 20 OF 21 Key to Checklist Abbreviations Responsible Person Monitoring Frequency Method of veriftatlon „ . sanctions . CDD-Community Development Director or designee A-With Each New Development A-On-site Inspection 1 -Withhold Recordation of Final Map CP-City Planner or designee B-Prior To Construction B-Other Agency Permit/Approval 2-Withhold Grading or Building Permit CE-City Engineer or designee C-Throughout Construction C-Plan Check 3-Withhold Certificate of Occupancy BO-Building Official or designee D-On Completion D-Separate Submittal(Reports/Studies/Plans) 4-Stop Work Order PO-Police Captain or designee E-Operating 5-Retain Deposit or Bonds FC-Fire Chief or designee 6-Revoke CUP 21 OF 21 DRAFT ORDINANCE NO. 04- AN ORDINANCE OF, THE CITY OF RANCHO CUCAMONGA CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT DRC2003-00411, A DEVELOPMENT. AGREEMENT BETWEEN THE CITY OF RANCHO CUCAMONGA AND TRAIGH PACIFIC, FOR THE PURPOSE OF DEVELOPING AN APPROXIMATE 168.77 ACRE SITE WITH UP TO 269 RESIDENTIAL LOTS, FOR PROPERTIES GENERALLY LOCATED NORTH OF THE SCE CORRIDOR BETWEEN ETIWANDA AVENUE AND EAST AVENUE- APN: 0225-083-05, 06, 07, 10, 22, 23, 25, AND 26, AND 0225-084-02. A. Recitals. 1. California Government Code Section 65864 now provides, in pertinent part, as follows: "The Legislature finds and declares that: a. The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other developments to the consumer, and discourage investment in and commitment to comprehensive planning, which would make maximum efficient utilization of resources at the least economic cost to the public; and b. Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development." 2. California Government Code Section 65865 provides, in pertinent part, as follows: "Any city...may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property as provided in this article..." 3. California Government Code Section 65865.2 provides, in part, as follows: "A Development Agreement shall specify the duration of the Agreement, the permitted uses of the property, the density of intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The Development Agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for discretionary actions shall not prevent development of the land for the uses and to the density of intensity of development set forth in the Agreement..." 4. "Attached to this Ordinance, marked as Exhibit "A" and incorporated herein by this reference is proposed Development Agreement DRC2003-00411, concerning that property generally located north of the SCE corridor between Etiwanda Avenue and East Avenue, and legally described in the attached Development Agreement. Hereinafter in this Ordinance, the CITY COUNCIL ORDINANCE NO. 04-** DEVELOPMENT AGREEMENT DRC2003-00751 - HENDERSON CREEK PROPERTIES, LLC. June 16, 2004 Page 2 Development Agreement attached hereto as Exhibit "A" is referred to as the "Development Agreement." 5. On June 9, 2004, the Planning Commission of the City of Rancho Cucamonga held a duly noticed public hearing concerning the Development Agreement and concluded said hearing on that date and recommended approval through adoption of its Resolution No. 04-**. 6. On June 16, 2004, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing concerning the Development Agreement. 7. All legal prerequisites prior to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does hereby find, determine, and ordain as follows: SECTION 1: This 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: Prior to the adoption of this Ordinance, this Council has reviewed the Final Environmental Impact Report (EIR) as certified by the City of Rancho Cucamonga as legally sufficient for the Henderson Creek Properties development project. SECTION 3: Based upon substantial evidence presented during the above-referenced public hearing on June 9, 2004, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows: a. The location, design, and proposed uses set forth in this Development Agreement are compatible with the character of existing development in the vicinity. b. This Development Agreement shall not become effective until General Plan Amendment DRC2003-00410, and Etiwanda North Specific Plan Amendment DRC2003-00409 have been reviewed and approved by the City Council. SECTION 4: It is expressly found that the public necessity, general welfare, and good zoning practice require the approval of the Development Agreement. SECTION 5: This Council hereby approves Development Agreement DRC2003-00411, attached hereto as Exhibit "A." SECTION 6: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within 15 days after its passage at least once in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cucamonga, California. LEGAL DESCRIPTION The project is comprised of the seven assessor's parcels shown below and depicted on the Assessor's Parcel Map attached as Exhibit 13. Assessor's Parcel No. Owner 0225-083-26 Traigh Pacific Traigh gh Pacific 0225-083-07 Traigh Pacific 0225-083-22 Traigh Pacific 0225-083-23 (portion) Parkwest Landscape,Inc. 0225-083-23 (portion) Traigh Pacific 0225-083-10 San Bernardino County Flood Control District 0225-083-02 San Bernardino County Flood Control District LEGAL DESCRIPTION: A PORTION OF THE NORTH 112 OF SECTION 21 T 1 N, R 6 W SAN BERNARDINO BASE AND MERIDIAN. BENCH MARK: FOUND CHISELED 'X' IN THE MIDDLE OF A CONCRETE HEADWALL AT SW COR OF SUMMIT AVE. AND EAST AVE. PROJECT INFORMATION: OWNERSHIP: TRAIGH PACIFIC & PARKWEST LANDSCAPE, INC. ALL OF TR. NOS. 14749, EXCEPT LOT E, 14749-1, 14749-20 ALL OF TR. NO. 14749-3 EXCEPT LOTS 6 & 7 SAN BERNARDINO COUNTY FLOOD CONTROL DIST. LOTS 1 - 46 , B & C OF TR. NO. 14749-4 & LOT E OF TR. NO. 14749 AND LOTS 6 & 7 OF TR. NO. 14749-3 •CURRENT CITY ZONING: ENSP - VERY LOW RESIDENTIAL (<2 DU/AC) •CURRENT CITY GENERAL PLAN: VERY LOW RESIDENTIAL (<2 DU/AC) •PROPOSED CITY ZONING: ENSP - LOW RESIDENTIAL (2-4 DU/AC) AND FLOOD CONTROL I RESOURCE CONSERVATION •PROPOSED CITY GENERAL PLAN: LOW RESIDENTIAL (2-4 DU/AC) AND CONSERVATION EXHIBIT A ;'�W.f,Yy E.1/2 Sec.20 & Sec,21, TIN., R.6 W., SB.S.&M, eitiycnu"cra cucn°'m, e 225-G8 ;a +" 7ax Rate Area 70007,15099,15101 :fa , 10 a,l40.1 is 11:J pedOJ>f ,i1,! f.IfK SAcouA1ry10 Pt 00 D 1�' /I 71R416H sf.nic s,�a .c 00 ➢AGI FIG 4 i 7sAfGH WAIGH -rX4IGH p+uCific ygcrflG 'PAc1flc S.S.COUNT( p �acoD it.G 1[114- ,Y)tl .D.f hNgh CKI (�� MA-414-01 fMlll ,I - � ,rW f!l•11•r/r �i A.f fMKIt f r, w� O i �fDJ Y/L .,I � ..r•J� �� � � �_• vii¢ I } :1t Its,; I @i A S I ; rcet7i", Afufsori Nap f s h II t2 13 Bock 225 PCGOCB ,',f„�;l: :, Son Bernofofao County 111,11 .� EXHIBIT B A III III II IIII IIII �I SIN $�a,l win 111 til■ -on VAIL ffiarti Ilj itfu 1dZ I Nam ,� �'���sim-,SII. �1 ' Ma Rh I+ +-rJ•' I amia rY r UFA il WWI IMP ENV ficgox L ENO •�\,it��� _ �--- to, I — Ir Iruvmee. Cau.aaae ss4mM1v Cp. t SIG F.en, �� a .. ....iw • { far / ra) ........^. law I :-a to T �^ if. b Z .�. A 4 b OOa=M`ow .m.. ' � .� ,� ,f{r •x •a D �. H � IM1ttt,.{Y/., GnGSIIiRB ♦ � = � � S0.GLG0. — (Il / 1I) ♦ $ A 34. E � I �aimi®vie.a 8 JL u y I I • y r ]s jn i Z J: l° ° J.—z31 ,o o JL u $ 3L S SST — I r far / n) •� $ n J: — ^� L] 24 •'a A®wWT 7 ra Mem! A A ra 1 I yrs ° L• J4 ♦JL JL S z? dL :J B i z ohm 1 ♦ ♦ I I — ♦ far / ra] .� i�5��7�..,. _ ---= i1 CONCEPTUAL GRADING PLAN TENTATIVE TRACT NO. 14749 .eus am ]v.e COYOFMP ONCAMONGA• wL j GIIFVRMn Exhihlt i8 � ifs ......... T _ � � -°e 14,��� �a" . ' � - �� �� _. ._ � i a �Ili��������,9 ,•n�l, �'3"� ..FEE. ON \ �!�r,.•tiitlil'Il�w�rl�rT� � tl �YI�•s IN ♦ •• 6 � nj" 1 y,✓•9 �`;► 1 J �!� 111o•�:�r�9p�ya � a g �':���`+i°I/ _ � S^, S-.f., a .. `•^,��� ;,n #°��� R` °oar.'•.,���.<. � _°!aa,�d.�,•,v:,..C.•o.m M Pit ° die•'-�1T'ti � S•�7!1 � � c ' I• Rip 1+7►1FT'!iT IA+T- oII'i •l,�' a .��+�� � -° .�.��<<�.��,���11iA1oI�I�iAAAAA� - '`�v�,ls' �•;• \ WIZW e 9 ♦.• -`;�.� � �; _ `�:`� a ��; iA�p�4T�� p•p .per r�""Iy `fie it i mow.: 1 -,,�/ • �5icP9r? ',.Fu.va- ;iw.T_I!�e Ilh ...:x.+£ 161Ci?i.G•':•Ir aiiter�l� ilwlnr 3.7.:a`:• ,s Si .i Imo. f` i • SLOPE TREES: PROPERTY LINE SEE DETAIL WALL/VIEWFENCE RANDOM MASSES ON SLOPE is LOW SHRUBS j+ LOT � w p 4113 w� IRREGULAR VISUAL PLANE ALONG SLOPE WITH VARYING GROWTH HABITS �'LeM hit IP Y c b � TYPICAL SLOPE PLANTING SECTION NOT TO SCALE a I p 21 22,41 23j 24 25 26 PARK is w101e m^'^i I$fwIi°�"nwnd Y+6 np'nS I.a`ueimv Iwr�w v' ....v i 71 ACRES — -- 4 i 4. SRili , EOUEST.. TRAL i 4 LOT 'Z (REMAINDER PARCEL. �s I \ JOIN EAST. STORK DRAM QVVERT ( g S. B. C. F. C. D. Const t Faat Ave. offtra -t to 23rd Street or to connect to a street section of at least that which Is shown on Exhibit 3B whichever occurs first. ET Exhibit 3A R/W R/W 66' 12' 11' 22' 22' 11' TRAIL ESMT. FUTURE 1717' FUTURE EXIST. GRND. EXIST. GRND. EAST AVENUE Exhibit 3B 9fi'AAI4R3 m i I�&ll�bbfnl®� ® Z toa sfov tx 4 NNHd st RASE d, 1.01 99 99 .sem :e:: Vol J F :+ fsnIN 9* �9 least ' $ �.� W ZL R 1bfLffiI I bw 4 spy e Z7t, 3s8 :eta fa L1 stye „\. f :e{ml t E ss OL $:ySe wEl £ !sant tffisx Vb j�{m 9L lata ! sssan a t sl L :aa Ll set ,OL x 9b 0 49 + BL :fie s g 00 sffiff !de � 61 ssa g mM 6 . OZ 047 m ..a tas bL 20' EQUEST./HIKING TRAIL RAW 88' R/W 8' 12' 32' 32' 12' EQUEST. r-- ESMT. 5' <WATER BIKE LANEEXIST. GRND. 28i A EX. 12" RAW ETIWANDA AVENUE EX. 12" DOM. WATER FROM LOWER CREST STY E:hlhtt 4B at 32 3 10Mfs S��Si S:s�iL wr®r ,es 6 4 46 M.W awl too :tet 37 15 45 31 x 30 s 29 28 F� aum, �'�( wmv � 44 moi 38 16 9 y S mr, MIMS smcrr 74 7 LOT 'E' 39 17 M 19 - 0 21 _ 22 23 . 24 25 h 26 PARK o'p»m�i: 1f6fi �+atl0:- ror: wear ear � re aur �° rer 4n1pDni �s na: ramie r�'mi war' wiw's .71 ACRES Ir seM1° \, Construct East Ave- per E:hihit 5B LOT 'Z' Ap (REMAINDER PARCEL) .A' \ `1) l 00 1 ab W _ 2 W Q -xhibit SA N R/W R/W 66' 12' 11' 22' v 22' 17' TRAIL ESMT. EXIST EXIST: GRND. . GRND., EAST AVENUE Exhibit SR OR W.. WE m womIMCMVia XNno:114 0-00 41Pr im . �f 11111110 -� . . l" . . R/W R/W 66' 11' 22' a' 22' 11' i LOWER CREST COLLECTOR FROM ETIWANDA AVE. TO 900'± ETY STY PL _ R/W VARIES (66' MIN.) VARIES 22' I� 22' 11' S.C.E. CORRIDOR 3• VpR1E5 LOWER CREST COLLECTOR FROM 900'± ETY OF ETIWANDA AVE TO EAST AVE. Exhibit 613 LOT T PARKING RECAP: rntssoc rsv.� nwswocwsxu x ,.,uo.uwwo®rt•w a w'nuiwcnxapaxl + • 0 i 20 MEMtu � LU IX . � ao (12)I27OT OUTDOORCOVEREDSDILLS E7IWANDA EQUESTRIAN . INFORMATION KKM-kh TRAIL MAP 20M ND ' - DECOMPOSED GRANITE PANN GsuRFACE IM4fflf T.7.MN9 �� � ~ E060N CO.FUTURE OVERFLOW FAWONGSOUTNMCALFORNA , ; I , \ \`• Y� C`� - ; ••, ISN CQ LOT 'S' and 7 EQUESTRIAN CENTER and PARKING PreininaryEquast�anleMJSDesign Group Landscape Architecture+ Planning+Design and Traftad Firm taJ Lot Sigh Plan cwmory VIUM. 2817 Ufty tle N.,W Beak CA 92883 (949)6754981 Fax(948)675-9874 m 8TV*W-- EXHIBIT 7A Development Agreement DRC2003-00411 Equestrian Center Design Amenities General Description: The Equestrian Facility as proposed would consist of a large enclosed arena(100 feet by 250 feet). . Two covered round pens would be located one on each end for exercising animals and teaching some lessons. Bleacher seats for up to 50 persons would be needed for spectators. There would be 10—12 barn stalls to house Program horses. Special Event parking (up to 12 such events per year) would include 20 Trailer and 50 passenger car spaces to be located on a graded but unimproved area on adjacent to the south SBCFCD (fee owned)/SCE (easement) Utility Corridor Area. Other items would include snack bar, office,community meeting room,and care taker apartment within the main Barn Structure. The Arena would be used for riders, shows, clinics and seminars. This area would be equipped with lights and bells for the disabled. A hydraulic lift would be available for those in wheel chairs or others in need of assistance with mounting and dismounting. The living quarters would be used as a Care Taker residence for someone (possibly a student needing experience or an internship)to care for the animals and property. The following detail list constitutes the desired and not final amenities and will be modified based upon budget considerations during the design phase: 1. Indoor and outdoor dust control 2. Indoor Fly control system 3. Concrete floors on indoor barn and aisle with rubber mats/eqatile 4. Indoor Barn Stalls equipped with Dutch type doors 5. Ventilation—Cooling/Heating System for Barn complex(meets applicable UBC) 6. Automatic Fire and Burglar Alarm System 7. Closed circuit(B&W)TV monitoring system 8. Lighting both inside and out(outside area minimum 1 candle foot security requirement of the City) 9. 270 V electrical connection for ceramic kiln for Art Therapy Program 10. Data and Cable TV wired to Office and Care Taker Unit. 11. Telephones in Barn Aisle,Office and Care Taker Unit. 12. Out door drop off area and vehicle circulation for both disabled and Horse Trailers 13. On site Staff and Visitor Parking—6 Spaces. 14. Automatic Waters both inside and outside for each stall and 1 in the center aisle with individual and independent shut off valves. 15. Manure container enclosure with weekly pick up. 16. Signage 17. Inside and outside PA system 18. 2 Round Pens with covers 19. Vehicle security gates for driveway connections. 20. 12 outdoor horse stalls with covers and enclosures on three sides for visitors. 21. Limited(250 Sq.ft.max.)accent landscaped and irrigated planter at building entrance. 22. Perimeter landscaping shall be included within street and trail right of way and maintained by the LMD. 23. Arena Footing will consist of a minimum 6" gravel base, 4" arena Sand, and 2" of pine shavings or material may be considered during the design phase Exhibit 7 B I IAS � A I II ' ILOT'P PARKING RECAP: / � rtwuwwnwu n ,j" nun.riwnwomnwy �. I I wiulb141WaM'aMl � YN1.YS�{{MIIQNI/aO.t t� S E STRUCTURE whh PICNIC BENCHES DECOMPOSED GRANITE PAR/3NG SURFACE I } �/• S15'AC --- ' HANDICAP ACCESSIBLE RFSTROOMS � IN ON 1903K YAlh TRAILlMP VAN ACESSIBIE HANDICAP PARKING(CONCRETE) LOT HFH TRAIL HEAD PARKING Prelminlry Equesl>r�n Mer W SI D es i g n Group . and TPelibeed PaMft[a Sho Landscape Architecture+Planning+Design Cannery Mampe City of Rancho Cucamonga,CA 28171ffiaye6e Newpee Beam,CA SIM3 (918)67641964 Faa(869)675-9974 m)adesignWdm.mm EXHIBIT 7C