HomeMy WebLinkAbout89-101 - Resolutions RESOLUTION NO. 89-101
A RESOLUTION OF THE PLANNING COMMISSION OF RANCHO
CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF
DEVELOPMENT AGREEMENT 89-03 (BLACKMON HOMES INC.) FOR
APPROXIMATELY 25 ACRES OF VACANT LAND LOCATED AT THE
NORTHEAST CORNER OF HIGHLAND AND ROCHESTER AVENUES, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 225-152-01,
02, 03, 04, AND 18.
A. Recitals.
(i) California Government Code Section 56864 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.
(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."
(ii) California Government Code Section 56865 provides, in pertinent
parts, 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. . ."
(iii) California Government Code Section 56865.2 provides, in part, as
follows:
"A Development Agreement shall specify the duration of
the Agreement, the permitted uses of the property, the
density or intensity of use, the maximum height and size
of proposed buildings, and provision 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
PLANNING COMMISSION RESOLUTION NO. 89-101
DA 89-03 - BLACKMON HOMES INC.
July 26, 1989
Page 2
or intensity of development set forth in the
Agreement. . ."
(iv) Attached to this Resolution, marked as Exhibit "1" and
incorporated herein by this reference, is proposed Development Agreement 89-03
concerning that property located at the northeast corner of Highland and
Rochester Avenues, and as legally described in the attached Development
Agreement. Hereinafter in this Resolution, that Agreement attached hereto as
Exhibit "1" is referred to as "the Development Agreement".
(v) Concurrent with this Resolution recommending approval of this
Development Agreement, the Planning Commission has adopted a Resolution
recommending approval of Development District Amendment 89-02 for the purpose
of pre-zoning the property to Low Density Residential (2-4 dwelling units per
acre) .
(vi) On July 26, 1989, the Planning Commission of the City of Rancho
Cucamonga held a duly noticed public hearing concerning the proposed
Development Agreement and concluded said hearing on that date.
(vii) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. NOW, THEREFORE, it is hereby 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. In conjunction with this Development Agreement, an Environmental
Assessment, in conformity with the requirements of the California
Environmental Quality Act, has been prepared. The Commission has determined
that this project would not have a significant adverse effect on the
environment, and hereby adopts a finding of no significant impact on the
environment and recommends issuance of a Negative Declaration by the City
Council .
3. This Commission specifically finds that:
(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) The Development Agreement conforms to the General Plan of the
City of Rancho Cucamonga.
4. It is expressly found that the public necessity, general welfare,
and good zoning practice require the approval of the Development Agreement.
PLANNING COMMISSION RESOLUTION NO. 89-101
DA 89-03 - BLACKMON HOMES INC.
July 26, 1989
Page 3
5. This Commission recommends approval of the Development Agreement
attached hereto.
APPROVED AND ADOPTED THIS 26TH DAY OF JULY, 1989.
PLANNING COMMI,�SION OF THE CITY OF RANCHO CUCAMONGA
BY: ��(1/// )22 Cr ,
arry .Ar ,ie , airman
ATTEST:
aN r, �• . - ,.ry -
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 26th day of July, 1989, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, WEINBERGER
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BLAKESLEY, TOLSTOY
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
Debra J. Adams
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, California 91730
DEVELOPMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the thirty-first day
following final adoption of the ordinance approving it (hereinafter, the
"Effective Date") by and between the CITY OF RANCHO CUCAMONGA, a municipal
corporation ( "City" hereinafter) and Homestead Land Development (hereinafter
referred to as "Developer") .
WITNESSETH:
A. Recitals.
(i) California Government Code Section 65864 provides 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 development 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.
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•
"(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."
( ii ) 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. . . ."
(iii) California Government Code Section 65865.2 provides as
follows:
"A development agreement shall specify the duration of
the agreement, the permitted uses of the property, the density
or 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 action, provided that such
conditions, terms, restrictions, and requirements for
subsequent discretionary actions shall not prevent development
of land for the uses and to the density or intensity of
development set forth in the agreement. The agreement may
provide that construction shall be commenced within a
specified time and that the project or any phase thereof be
completed within a specified time."
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(iv) _ Developer owns fee title in and to that real property
consisting of approximately 25 acres in the unincorporated area of San
Bernardino County now proposed for annexation to City. Said property is
legally described in the legal description Exhibit "A" attached hereto and
hereinafter is referred to as "the Site".
(v) City's General Plan Designation for the Site is Low Density
Residential (two to four dwelling units per acre) . Developer and City desire
to provide through this Development Agreement specific development criteria to
be applicable to the Site upon its annexation to City which will provide for
maximum efficient utilization of the Site in accordance with sound planning
principles.
(vi) This Agreement is entered into pursuant to the provisions of
Article 2.5 of Chapter 4, Title 7 of the California Government Code commencing
with Section 65864 thereof.
(vii) City has determined that the use and intensity of use
provided in this Development Agreement is consistent with the General Plan.
(viii) As part of the process of approving this Agreement, City has
undertaken, pursuant to the California Environmental Quality Act ( "CEQA") , the
required analysis of the environmental effects which would be caused by the
agreement and adopted a resolution documenting compliance with CEQA.
(ix) As further consideration for the assurances provided by this
Agreement to Developer that Developer will not be prevented from developing
the Property, City has requested that Developer provide, and is willing to
provide, certain additional sums and agreements to construct and transfer to
the public certain additional improvements.
B. Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
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1. Zoning/Pre-Zoning Designations. The parties hereby agree that
City's zoning and prezoning designation for the Site hereby is deemed to be
Low Residential ( L) District subject to the specific terms and provisions
hereof which shall supersede conflicting standards and requirements of the Low
Residential (L) District so long as this agreement is in full force and
effect.
2. Term of the Agreement. The term of the Agreement shall commence
on the effective date and shall expire on December 31, 1997, so long as
Development remains in material compliance with this Agreement, as from time
to time amended.
3. Standards and Conditions. The following development standards
and conditions shall govern the development of the Site during the term
hereof, subject to the provisions of paragraph 1 hereinabove:
A. City shall allow the Site to be developed to a density of,
not greater than, the Tract Map (TT 13835) , approved by San Bernardino County,
December 19, 1988. Development of the tract shall be in conformance with the
City standards of the Low Residential ( L) District or as modified by the
County Conditions of Approval .
B. If required by City as a condition of development of the Site
or any portion or portions thereof, Developer shall consent to the application
of the Mello-Roos Facilities Act of 1982, the Municipal Improvement Act of
1911, the Municipal Improvement Act of 1913, the Improvement Bond Act of 1915,
the Landscaping and Lighting act of 1972, and any and all other available
proceedings to provide for public conduit financing for the construction of
public improvements required as a condition to development of the Site or any
portion or portions thereof.
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C. In lieu of the dedication of land located within the Site,
Developer shall pay City's park fees required due to the residential
development of the Site. Said park fees shall be calculated in accordance
with standards in effect at the time any such fees are due and owing or
subject to subparagraph D. Said park fees shall be payable for a lot
contained within a final tract prior to the City release of utilities for
occupancy of that lot for residential use.
D. Subject to subparagraphs 2.E and F hereinbelow, Developer
shall pay any and all City fees required as a result of development of the
Site, or any portion or portions thereof, at rates current at the time
payable, including, but not limited to, beautification fees, park fees,
systems development fees, building permit fees, plan check fees and drainage
fees. Not withstanding the foregoing, the current fee schedule attached as
Exhibit "D" shall be in effect for the period of twelve ( 12) months from the
approval date of City Council of this Development Agreement and thereafter all
fees shall be based on the fee schedule in effect at that time.
E. No drainage fees are required. Regional drainage would be
as conditioned by the County with any drainage lines needed being installed by
the Developer.
F. Developer may request and City shall extend to Developer
credit against required systems development fees only to the extent of
Developer's direct construction costs incurred in constructing oversized
facilities (i .e. , facilities sized to service areas located outside of the
site) which are not located within the Site, or abutting the Site. Prior to
recordation, the Developer shall contribute his fair share toward the future
signalization of Highland Avenue at Rochester Avenue. His fair share is
estimated as $14,400 .00 based on a traffic report submitted by the Developer's
Traffic Engineer. See Page 7 of the County Conditions of Approval .
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G. Developer shall consent to the creation of an assessment
district or districts to provide for the construction and maintenance of any
and all lighting and landscaping within public rights-of-way within the Site
or abutting the Site pursuant to the Landscaping and Lighting Act of 1972 or,
if applicable, Developer shall consent to an annexation or annexations of the
Site or any portion or portions thereof to an existing assessment district
formulated under said Act for that purpose.
H. If required by City as a condition of development of the
Site or any portion or portions thereof, Developer shall consent to the
application of the Mello-Roos Facilities Act of 1982 thereto, or Developer
contribution of equivalent funds, to construct regional drainage facilities.
I . Development of the tract shall be in conformance with the
requirements of the City Development Code Exhibit "E" Architectural and Design
Guidelines, and the County Conditions of Approval and shall proceed through
the standard City design review process.
J. Developer shall provide each prospective buyer written
notice of the potential Fourth Street Rock Crusher project in a standard
format as determined by the City Planner, prior to accepting a deposit on any
property.
K. Developer shall provide street improvements as set forth in
Exhibit "Cu Supplement to County Conditions of Approval for Tract 13835
regarding street improvements of Rochester Avenue and Highland Avenue.
L. Developer shall consent to the annexation to the Community
Facilities District 88-2 in order to provide for continuous law enforcement
services for the project.
M. As determined by the affected school districts, in regards
to school student population impacts, the applicant shall consent to, or
participate in, the establishment of a Mello-Roos Community Facilities
District pertaining to the project site to provide in conjunction with the
•
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applicable School District for the construction and maintenance of necessary
school facilities prior to the recordation of the final map or the issuance of
building permits, whichever comes first. However, if any School District has
previously established such a Community Facilities District, the applicant
shall , in the alternative, consent to the annexation of the project site into
the territory of such existing District prior to the recordation of the final
map or the issuance of building permits, whichever comes first.
Further, it the affected School District has not formed a Mello-
Roos Community Facilities District within twelve months of the date of
approval of the project and prior to the recordation of the final map or
issuance of building permits for said project, this condition shall be deemed
null and void.
N. Developer will provide each buyer with a detailed disclosure
statement of all taxes and assessments on the property. Said disclosure
statement shall first be approved by the City Planner.
0. Developer shall comply to all Conditions of Approval set
forth December 19, 1988 by the San Bernardino County Board of Supervisors for
Tract 13835 (see Exhibit "B") .
4. Applicability of City Ordinances . Except as expressly modified
herein, all substantive and procedural requirements and provisions contained
in City's ordinances, specific plans, rules and regulations, including, but
not limited to, its Development Code, building code, electrical code, fire
code and plumbing code, as amended, shall apply to the development of the Site
pursuant to this Development Agreement. Further, any terms or phrases
contained herein for which there are definitions provided in City's said
Development Code shall be deemed to be utilized in accordance with those
definitions.
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5. Relationship of Parties. It is understood that the contractual
relationship between City and Developer is such that Developer is an
independent party and is not the agent of City for any purpose whatsoever and
shall not be considered to be the agent of City for any purpose whatsoever.
6. General Conditions . The parties further agree as follows:
A. Except as expressly set forth in this Agreement, no
representations of any kind or character have been made to one another by any
of the parties hereto or by any of the parties ' agents, representatives,
associates or attorneys with respect to each subject to which this Agreement
relates.
B. This Agreement contains the entire agreement of the parties
with respect to each subject to which it relates.
C. This Agreement can only be amended in writing, which writing
must first be executed by all of the parties hereto.
D. No provision of this Agreement may be waived, except in
writing, which writing must be executed by all of the parties hereto.
E. The parties hereto each agree that they shall execute and
deliver to the other, upon request so to do, any and all documents reasonable
and necessary to accomplish or evidence the agreements contained in or
contemplated by this Agreement.
F. In the event that any party should default in one or more of
its obligations provided in or contemplated by this Agreement, the defaulting
party shall pay to the other all expenses incurred in connection with efforts
to enforce such obligation, including reasonable attorneys' fees and costs,
whether or not suit be commenced.
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G. This Agreement, all other documents and agreements provided
in or contemplated hereby, and all rights and obligations arising therefrom
shall be binding upon and insure to the benefit of the parties hereto and
their respective heirs, representatives, successors and assigns.
7. Indemnification. Developer agrees to, and shall , hold City and
its elected officials, officers, agents and employees harmless from liability
for damage or claims for damage for personal injuries, including death, and
claims for property damage which may arise from construction operations of
Developer or those of his contractor, subcontractor, agent, employee or other
person acting on his behalf which relate to the construction and operation of
the Project, excluding claims made from injuries or damages to, or occurring
on, public property. Developer agrees to, and shall , defend City and its
elected officials, officers, agents and employees with respect to actions for
damages caused or alleged to have been caused by reason of Developer's
activities in connection with the Project, excluding claims made from injuries
or damages to, or occurring on, public property. This hold harmless provision
applies to all damages and claims for damage suffered or alleged to have been
suffered by reason of the operations referred to in this Development Agreement
regardless of whether or not the City prepared, supplied or approved the
plans, specifications or other documents for the Project.
8. Assignment. Developer shall have the right to sell , mortgage,
hypothecate, assign or transfer all or any portion of this Site (as may be
subsequently subdivided) , to any person or entity at any time during the term
of this Development Agreement. Any such transfer shall be deemed to include
an assignment of all rights, duties and obligations created by this
Development Agreement with respect to all or any portion of the Site. The
assumption of any or all of the obligations of Developer under this Agreement
pursuant to any such transfer shall relieve Developer, without any act or
concurrence by the City, of its legal duty to perform those obligations except
to the extent that Developer is in default with respect to any and all
obligations at the time of the proposed transfer.
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9. Amendments. This Agreement may be amended or canceled, in whole
or in part, only by mutual written consent of the parties and then in the
manner provided for in California Government Code Sections 65868 et seq.
10. Minor Amendments to Development Plan. Upon the written
application of Developer, minor modifications and changes to the Development
Plan may be approved by the City Planner pursuant to the terms of Section
17.02.070A ( "Minor Revisions--Administrative") of City's Development Code and
substantial changes to the site may be approved by the Planning Commission
pursuant to the terms of Section 17.06.010 ( Design/Development Review) .
11. Enforcement. In the event of a default under the provisions of
this Agreement by Developer, City shall give written notice to Developer (or
its successor) by registered or certified mail addressed at the address stated
in this Agreement, and if such violation is not corrected to the reasonable
satisfaction of City within sixty (60) days after such notice is given, or if
not corrected within such reasonable time as may be required to cure the
breach or default if said breach or default cannot be cured within sixty (60)
days (provided that acts to cure the breach or default must be commenced
within said sixty (60) days and must thereafter be diligently pursued by
Developer) , then City may, without further notice, declare a default under
this Agreement and, upon any such declaration of default, City may bring any
action necessary to specifically enforce the obligations of Developer growing
out of the operation of this Development Agreement, apply to any court, state
or federal , for injunctive relief against any violation by Developer of any
provision of this Agreement, or apply for such other relief as may be
appropriate.
12. Event of Default. Developer is in default under this Agreement
upon the happening of one or more of the following events or conditions:
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a. If a material warranty, representation or statement is made or
furnished by Developer to City and is false or proved to have
been false in any material respect when it was made;
b. If a finding and determination is made by City following an
annual review pursuant to paragraph 14 hereinbelow, upon the
basis of substantial evidence, that Developer has not complied in
good faith with any material terms and conditions of this
Agreement, after notice and opportunity to cure as described in
paragraph 11 hereinabove; or
c. A breach by Developer of any of the provisions or terms of this
Agreement, after notice and opportunity to cure as provided in
paragraph 11 hereinabove.
13. No Waiver of Remedies. City does not waive any claim of defect
in performance by Developer if on periodic review City does not enforce this
Agreement. Nonperformance by Developer shall not be excused because
performance by Developer of the obligations herein contained would be
unprofitable, difficult or expensive or because of a failure of any third
party or entity, other than City. All other remedies at law or in equity
which are not otherwise provided for in this Agreement are available to the
parties to pursue in the event that there is a breach of this Development
Agreement. No waiver by City of any breach or default under this Development
Agreement shall be deemed to be a waiver of any other subsequent breach
thereof or default hereunder.
14. Annual Review. During the term of this Development Agreement,
City shall annually review the extent of good faith compliance by Developer
with the terms of this Development Agreement. Developer shall file an annual
report with City indicating information regarding compliance with the terms of
this Development Agreement no later than July 15 of each calendar year.
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If as a result of such annual review, City finds and determines,
on the basis of substantial evidence, that Developer has not complied in good
faith with any of the terms of conditions of this Agreement, City may
terminate this Agreement.
15. Covenants Run with the Land. All of the provisions, terms,
covenants and obligations contained in this Agreement shall be binding upon
the parties and their respective heirs, successors (by merger, consolidation,
or otherwise) and assigns, devisees, administrators, representatives, lessees,
and all other persons acquiring any rights or interests in the Property, or
any portion thereof, whether by operation of law or in any manner whatsoever
and shall inure to the benefit of the parties and their respective heirs,
successors (by merger, consolidation or otherwise) and assigns. All of the
provisions of this Agreement shall be enforceable as equitable servitudes and
constitute covenants running with the land pursuant to applicable law. Each
covenant to do or refrain from doing some act on the Property hereunder (A) is
for the benefit of and is a burden upon every portion of Property, ( B) runs
with such lands and (C) is binding upon each party and each successive owner
during its ownership of such properties or any portion thereof, and each
person having any interest therein derived in any manner through any owner of
such lands, or any portion thereof, and shall benefit each party and its lands
hereunder, and each other person succeeding to an interest in such lands.
Notwithstanding any of the foregoing or in this Agreement to the
contrary, any assignee or transferee or mortgagee which acquires any right or
interest in or with respect to the Property or any portion thereof shall take
and hold such rights and interests subject to this Agreement and shall not
have been deemed to have assumed the Developer's obligations or the other
affirmative duties and obligations of Developer hereunder except:
( 1) to the extent that any of such assignees, transferees or
mortgages have expressly assumed any of the duties or obligations of Developer
hereunder;
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(ii) if any such assignee, transferee or mortgage accepts,
holds, or attempts to exercise or enjoy the rights or interests of Developer
hereunder, it shall have assumed the obligations of Developer; and
(iii) to the extent that the performance of any duty or
obligation by Developer is a condition to the performance of a covenant by
Developer, it shall continue to be a condition to Developer's performance
hereunder.
16. hbrtgage Protection. This Agreement shall be superior and
senior to any lien placed upon the Property, or any portion thereof, including
the lien of any mortgage. Notwithstanding the foregoing, no breach hereof
shall defeat, render invalid, diminish or impair the lien of any mortgage made
in good faith and for value and any acquisition or acceptance of title or any
right or interest in or with respect to the Property or any portion thereof,
by a mortgage (whether under or pursuant to a mortgage, foreclosure, trustee 's
sale, deed in lieu of foreclosure, or otherwise) , shall be subject to all of
the terms and conditions contained in this Agreement. No mortgagee shall have
an obligation or duty under this Agreement to perform Developer's affirmative
covenants of Developer hereunder, or to guarantee such performance; except
that to the extent that any covenant to be performed is a condition to the
performance of a covenant by City, the performance thereof shall continue to
be a condition precedent to City's performance hereunder.
Each mortgagee shall have the right ( but not the obligation) for a
period of ninety ( 90) days after the receipt of such notice from City to cure
or remedy, the claim of default or noncompliance set forth in the City's
notice. If the default is of a nature which can only be remedied or cured by
such mortgagee upon obtaining possession, such mortgagee shall seek to obtain
possession with diligence and continuity through foreclosure, a receiver or
otherwise, and shall thereafter remedy or cure the default or noncompliance
within thirty ( 30) days after obtaining possession. If any such default or
noncompliance cannot, with diligence, be remedied or cured within such thirty
(30) day period, then such mortgagee shall have such additional time as may be
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reasonably necessary to remedy or cure such default or noncompliance if such
mortgagee commences cure during such thirty (30) day period, and thereafter
diligently pursues and completes such cure.
17. Notice. Any notice required to be given by the terms of this
Agreement shall be provided by certified mail , return receipt requested, at
the address of the respective parties as specified below or at any other such
address as may be later specified by the parties hereto.
To Developer: Homestead Land Development
23470 Olivewood Plaza Drive, Suite 240
Moreno Valley, California 92388
Attn: Stephen L. Heinsohn
To City: City of Rancho Cucamonga
9320 Base Line Road, Suite C
P.O. Box 807
Rancho Cucamonga, California 91729
Attn: Jack Lam, City Manager
18. Recording. In accordance with California Government Code
Section 65868.5, a certified copy of this Agreement shall be recorded with the
Recorder of San Bernardino County, California, immediately upon this Agreement
becoming effective.
IN WITNESS WHEREOF, the parties have executed and entered into this
Agreement as of the effective date of the ordinance approving this Agreement.
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CITY OF RANCHO CUCAMONGA
Dated: By
Mayor
Dated: By
City Clerk
OWNER:
HOMESTEAD LAND DEVELOPMENT
Dated: By
-15-
FOR THE EXCLUSIVE USE OF:
LOCAL AGENCY FORMATION C,OMMTSSTON SHEETS NO. 1/1
LOCKWOOD ENGINEERING City of Rancho Cucamonga (Affected Agency)DATE 3/13/89
& SURVEYING COMPANY, INC. (Blackmon Hnmeg, Ap;lirantl BY rwr
380 West Foothill Boulevard ANNEXATION LEGAL DESCRIPTION 9101
Rialto, California 92378 DESCRIPTION R.c.E.NO.
LEGAL DESCRIPTION
All that portion of the West 1/2 of the East 1/2 of the Southeast 1/4 of Section
30, T. 1 N. R. 6 W, S.B.B. & M. being more particularly described as follows:
Beginning at the Northwest corner of the South 1/2 of the South 1/2 of the Northeast
1/4 of the Southeast 1/4 of said Section 30; Thence S 89°35'09" E along the North
line of said South 1/2, South 1/2,Northeast 1/4, Southeast 1/4 a distacne of 660.00
feet; Thence S 0°02'02" W a distance of 329.87 feet to the South line of said Northeast
1/4, Southeast 1/4 Section 30; Thence S 89°35' 21" E along the said line a distance
• of 2.91 feet to the Northeast corner of the West 1/2, Southeast 1/4, Southeast 1/4
of said Section 30; Thence S 0°04'02" W along the said East line of the West 1/2,
Southeast 1/4, Southeast 1/4 of Section 30 a distance of 1391.48 feet to the South line of
said Section 30 being the existing Rancho Cucamonga city limit line; Thence N
89°36'09" W along the said South line a distance of 662.15 feet to the Southwest
corner of said Southeast 1/4, Southeast 1/4, Section 30; Thence N 0° 02'02" E along
the said West line ofthe East 1/2, Southeast 1/4 Section 30 a distance of 1649.55
feet to the true point of begining
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1% .
* Exo 1231.92 *
`-- -� — ,r / \OF CAI0*
3 - i7—ty TT/3te.75
ANNEXATION 89-03 EXHIBIT "A"
OF SAN
-RECEIVED +/ COUNTY ENVIRONMENTALRDINO
LAND MANAGEMENT DEPARTMENT CfiYOFRANCHO „ PUBLIC WORKS AGENCY
•
385 North Arrowhead Avenue • San Bernardino. CA 92415-0180 • (714) 387-42&3 1 1�i�K \'% JOHN N. JAGUESS
rC O 1 1 jj," �/�i' �\ Land Management Director
718190°111112111218141516 Sharon W. Hightower
gh r
l County Planning Officer
i OFFICE OF SURVEYOR
Claude D. Tomlinson. L.S.
County Surveyor
January 20, 1989 Expires: December 19, 1991 OFFICE OF BUILDING AND SAFEr
Larry L. Schoelkopf, P.E.
County Building Official
Jeff Blackmon Lockwood Engineering &
Blackmon Homes Surveying Co. , Inc.
P.O. Box 5269 P.O. Box 396
Riverside, CA 92517 Rialto, CA 92376
RE: 745WVL88004251DC01 W199-62
745WVL88004251TT01 TR 13835
Dear Sirs:
This will advise you that after completion of the environmental
review process, and due consideration thereof, the above-referenced
project was conditionally approved by the County Board of Super-
visors at its meeting of December 19 , 1988 . Said project was
found to be in compliance with County policies and regulations
and was approved subject to the conditions as set forth on
attached pages 1 of 15 through, 15 of 15 .
In accordance with the San Bernardino County Development Code,
Section 84 . 0205 ( i) , all requirements specified on the attached
sheets shall be met within thirty-six (36) months after the date
of this letter, . or the Conditional Approval is void. One (1)
extension of time not to exceed three (3) years may be granted.
A written request must be submitted, with the appropriate fee, to
the Public Information Counter at the address above, prior to the
date of expiration. PLEASE NOTE: This will be the only notice
given for the above specified expiration date. The applicant is
responsible for initiating extension requests.
Sincerely,
EPWA/LAND MANAGEMENT DEPARTMENT
OFFICE OF PLANNING
TERRI RAHHAL, Associate Planner
West Valley Planning Team
cc: Surveyor/Land Dev. Division cc: County Special Districts
Environmental Health Svcs. County Fire Warden
Building and Safety County Sheriff
TR: rb
ANNEXATION AGREEMENT EXHIBIT 'B"
BLACKMON HOMES PAGE 1 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
GENERAL REOUIREMENTS
1 . All lots shall have a minimum area of 7, 200 square feet, a
minimum depth of one hundred (100) feet and a minimum width
of 60 feet, (70 feet on corner lots) . In addition, each lot
on a cul-de-sac or on a curved street where the side lot
lines thereof are diverging from the front to rear of the
lot, shall have a width of not less than sixty (60) feet
measured at the building setback line as delineated on the
composite development plan.
2 . Where lots occur on the bulb of a cul-de-sac, a minimum lot
depth of ninety (90) feet will be permitted. If the proposed
depth is less than ninety (90) feet, a plot plan must be
submitted to demonstrate that a buildable lot area is possible
and to justify the lesser depth.
3 . Roads within this development shall be entered into the
County Maintained Road System.
4 . The water purveyor shall be Cucamonga County Water District.
5 . Sewage disposal shall be by connection to Cucamonga County
Water District.
THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RECORDATION OF THE
FINAL MAP:
OFFICE OF BUILDING AND SAFETY
6 . A preliminary soil report, complying with the provisions of
Ordinance 2815 shall be filed with and approved by the
Building Official prior to recordation of the final map.
7 . A geology report, prepared by a licensed geologist, shall be
filed with and approved by the Building Official prior to
recordation. A deposit to cover the costs of the review
shall be submitted with the report. An additional deposit
may be required or a refund issued when the costs do not
match the deposit. The review costs shall be paid in full
prior to recordation of the final map.
DEPARTMENT OF ENVIRONMENTAL HEALTH SERVICES
8 . The following are the steps that must be completed to meet
the requirements for installation and/or finance of the
on-site/off-site water system and/or sewer system:
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
•
BLACKMON HOMES PAGE 2 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
A. Where the system is to be installed prior to recordation:
The water system, fire hydrants, and/or sewer system
shall be installed in accordance with requirements of
the State Health and Safety Code, and in accordance with
plans approved by the water and/or sewering utility and
the governing fire protection authority. The plans
shall be reviewed by a Civil Engineer, registered in the
State of California, and contain required certificates
and approval signatures. It is the developer' s responsi-
bility to submit to the OFFICE OF SURVEYOR, LAND
DEVELOPMENT SECTION, a copy of the approved plan and a
signed statement from the utility of jurisdiction
confirming that the improvement has been installed and
accepted.
B. Where a bond is to be posted in lieu of installation of
the improvement:
1. The domestic water plan and/or sewer plan which
meets the requirements of the State Health and
Safety Code shall be reviewed by a Civil Engineer,
registered in the State of California, and approved
by the water or sewering utility and the governing
fire protection authority . The plans shall
contain the required certificates and approval
signatures. A copy of the approved plan shall be
submitted to the OFFICE OF SURVEYOR, LAND DEVELOP-
MENT SECTION.
2 . Said engineer shall determine the amount of bond
necessary to install the improvements.
a. This amount plus ten percent shall be posted
with the County of San Bernardino. A statement
signed by the engineer stating that the
amount of bond recommended is adequate to cover
the cost of installation of the improvement
shall be included with the estimate and
submitted to the OFFICE OF SURVEYOR, LAND
DEVELOPMENT SECTION.
b. Or , in cases where the water agency or
sewering agency is a governmental subdivision,
the bond in the amount of 110 percent of the
cost of installation of the improvement may
be placed with the agency. A signed statement
from that agency stating that financial
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 3 OF 19
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
arrangements have been completed shall be
submitted to the OFFICE OF SURVEYOR , LAND
DEVELOPMENT DIVISION.
3 . Prior to release of the bond for the improvement,
the utility of jurisdiction shall submit a signed
statement confirming that the improvement has been
installed and meets the requirements of all
appropriate State and County laws pertaining to
such improvement. It is the developer' s responsi-
bility that such signed statement is filed with
the OFFICE OF SURVEYOR, LAND DEVELOPMENT SECTION.
**9 . An acoustical study shall be performed to assess noise
levels at the development and shall be reviewed and approved
by the Department of Environmental Health Services prior to
recordation. Prior to issuance of building permits a report
stating that the recommended mitigation measures have been
implemented shall be submitted to the Department of Environ-
mental Health Services.
COUNTY FIRE AGENCY
10 . The development and each phase thereof shall have two points
of vehicular access for fire and other emergency equipment,
and for routes of escape which will safely handle evacuations
as required in the Development Code.
11. Water systems designed to meet the required fire flow of
this development shall be approved by the Fire Agency. The
developer shall furnish the Fire Agency with two copies of
the water system improvement plans for signature and a
letter from the Water Purveyor stating the availability of
the required fire flow prior to recordation. Water systems
shall be operational and approved by the Fire Agency or
bonded for prior to recordation. Prior to any above grade
construction occurring, water for fire protection shall be
operational and approved by the Fire Agency.
12 . Six (6") inch mains shall be required.
*13 . Due to the project being in high hazard terrain, hydrants
must be spaced at 400 foot intervals.
*14 . Due to the project being in high hazard terrain, the fire
flow shall be a minimum of 1500 gallons per minute.
NOTE: Hydrant spacing may be increased and fire flow reduced,
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
•
BLACKMON HOMES PAGE 4 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
should the developer decide to install automatic fire
sprinklers in all the residences.
**15 . Developer shall commence, participate in and consummate, or
cause to be commenced, participated in, or consummated, a
Mello-Roos Community Facilities District for Foothill Fire
Protection District, to finance a fire station to serve the
development , including land facilities , equipment and
operations and maintenance. The station shall be located,
designed and built to all specifications of the Foothill
Fire Protection District, and shall become the District' s
property upon completion. The equipment shall be selected
by the District in accordance with its needs . In any
building of the station, Developer shall comply with all
applicable laws and regulations. The CFD shall be formed by
District and Developer by the time of recordation of the
final map.
OFFICE OF SURVEYOR
LAND DEVELOPMENT/DRAINAGE SECTION
16 . Flowage easements or San Bernardino County Drainage Easements
shall be obtained where diversion or concentration of runoff
from the site or drainage facilities dewaters onto private
property.
17 . Adequate rolls shall be provided on the entrance roads to
the site at Rochester to minimize the possibility of street
flow entering the site.
18 . Adequate provisions shall be made to intercept and conduct
the off-site tributary drainage flow around or through the
site in a manner which will not adversely affect adjacent or
downstream properties.
19 . Adequate San Bernardino County Drainage Easements (minimum
15 feet wide) shall be provided over the natural drainage
courses and/or drainage facilities. The easements shall be
designed to contain the 100-year frequency storm flow plus
bulking and freeboard per County Standard Criteria.
20 . In addition to the Drainage Requirements stated herein,
other "on-site"or "off-site" improvements may be required
which cannot be determined from tentative plans at this time
and would have to be reviewed after more complete improvement
plans and profiles have been submitted to this office.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
•
BLACKMON HOMES PAGE 5 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
*20a. Provide a storm drain pipe from the site to Day Creek Basin
or Day Creek Channel to connect to the Caryn project drainage
Added by B.O.S. system. The connection to the Caryn project drainage system
12-19-88 could be subject to payment of reimbursement for oversizing,
to the developer of that project.
*21 . Approval shall be obtained from the San Bernardino County
Flood Control District that the site is adequately protected
from the 100-year design storm in accordance with Federal
Emergency Management Agency (FEMA) regulations and the
County Development Code.
*22 . The developer' s engineer shall obtain or provide the necessary
engineering information to forward to FEMA in order to have
the site removed from the flood plain. This information
shall consist of copies of the plans of flood facilities now
under construction, and the hydrologic/hydraulic calculations
put into the format acceptable to FEMA (Hec 1, 2) .
*23 . The applicant shall contribute his fair share to the Day
Creek Channel Project. The amount shall be determined by
the Flood Control District, based on acreage.
*23a. The tract shall not be released for occupancx until Phase
Added by B.O.S. IIA of Day Creek Channel is complete and operational .
12-19-88
OFFICE OF SURVEYOR
LAND DEVELOPMENT/ROADS SECTION
24 . Road sections within and/or bordering the tract shall be
designed and constructed to Valley Road Standards and West
Valley Foothills Community Plan standards of San Bernardino
County, and to the policies and requirements of the County
Transportation and Flood Control Department in accordance
with the Master Plan of Highways.
25 . Any grading within the road right-of-way prior to the
signing of the improvement plans shall be accomplished under
the direction of a Soils Testing Engineer. Compaction tests
of embankment construction, trench backfill, and all subgrades
shall be performed at no cost to San Bernardino County and a
written report shall be submitted to the Contracts Division
of the Transportation and Flood Control Department, prior to
any placement of base materials and/or paving.
26 . Final plans and profiles shall indicate the location of any
existing utility facility which would affect construction.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 6 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
27 . Slope rights shall be dedicated on the final tract map where
necessary.
28 . A thorough evaluation of the structural road section, to
include parkway improvements , from a qualified materials
engineer, shall be submitted to the Transportation and Flood
Control Department.
29 . Existing County roads which will require reconstruction
shall remain open for traffic at all times, with adequate
detours, during actual construction. A cash deposit shall be
made to cover the cost of grading and paving prior to recorda-
tion of the tract map. Upon completion of the grading and
paving to the satisfaction of the Transportation and Flood
Control Department, the cash deposit may be refunded.
30 . Vehicular access rights shall be dedicated on Highland
Avenue, Future State Highway 30, Rochester Avenue, Vintage
Drive, and along the rear of double frontage lots.
*31. Future State Highway 30 right of way , including any
interchanges or grade separations, shall be reserved along
the project frontage and shown on the map as per the Cal Trans
letter of August 18 , 1988 .
32 . All road names shall be coordinated with the County Transpor-
tation and Flood Control Department, Traffic Division.
33 . Road improvement plans for Highland Avenue-State Highway 30
shall be submitted to the State Department of Transportation
by a registered civil engineer.
34 . Dedication shall be granted on Highland Avenue-State Highway
30 as necessary to concur with the Master Plan of Highways.
This dedication is to be coordinated with the State Department
of Transportation.
35. An approved type wall or barrier shall be required along the
rear of double frontage lots, and shall be constructed outside
of public right-of-way.
36 . All required road and drainage improvements shall be bonded
in accordance with the County Development Code, unless
constructed and approved prior to recordation of the Final
Map.
37 . Turn arounds at dead end streets shall be in accordance with
the requirements of the County Transportation and Flood
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
•
BLACKMON HOMES PAGE 7 OF 13
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
Control Department, and the Forestry and Fire Warden Depart-
ment.
38 . Existing utility poles shall be shown on the improvement
plans and relocated as necessary without cost to the County.
39 . The developer shall make a good faith effort to acquire the
required off-site property interests and if he or she should
fail to do so, the developer shall at least 120 days prior
to submittal of the final map, enter into an agreement to
complete the improvements pursuant to Government Code
Section 66462 at such time as County acquires the property
interests required for the improvements. Such agreement
shall provide for payment by developer of all costs incurred
by County to acquire the offsite property interests required
in connection with the subdivision. Security for a portion
of these costs shall be in the form of a cash deposit in the
amount given in an appraisal report obtained by developer,
at developer' s cost. The appraiser shall have been approved
by County prior to commencement of the appraisal.
40 . Right-of-way and improvements (including off-site) to
transition traffic and drainage flows from proposed to
existing, shall be required as necessary.
41. Trees , irrigation systems, landscaping required to be
installed on public right of way within this tract area
shall be maintained by other than the County Transporta-
tion/Flood Control Department, and shall be as specified in
County Transportation/Flood Control standards for tree
planting. Maintenance procedures acceptable to Transporta-
tion/Flood Control Department shall be instituted prior to
recordation.
**42 . Prior to recordation, the applicant shall contribute his fair
share toward the future signalization of Highland Avenue at
Rochester Avenue. His fair share is estimated as $14 , 400. 00
based on a Traffic Report submitted by the applicant ' s
Traffic Engineer.
OFFICE OF PLANNING
43 . Commitment shall be obtained, in writing, from the sewering
agency. Said commitment shall indicate that the agency has
the capacity to furnish sewer service to the subject project,
and that all necessary arrangements have been made with the
agency to supply such services. A copy of the commitment
shall be filed with the Office of Planning.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 8 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
44 . Developer shall provide for street lighting within the tract
as follows:
A. Low intensity, energy-efficient street lights at all
intersections;
B. Install underground conduit with a pull cord ( for
future installation of additional lights) through the
tract;
C. Deposit monies with the Special Districts Department to
cover all installation and connection charges for
additional street lights per adopted County policy
regarding light pole spacing and location.
D. Prior to recordation, the tract shall be annexed to the
appropriate district to provide street light maintenance.
45. Subdivider shall present evidence to the County Surveyor' s
Office that he has tried to obtain a non-interference letter
from any utility company that may have rights of easement
within the property boundaries.
46 . Easements of record not shown on the tentative map shall be
relinquished or relocated. Lots affected by proposed
easements or easements of record which cannot be relinquished
or relocated, shall be redesigned.
47 . The following building setback lines shall be delineated on
the composite development plan:
A. A variable front yard building setback line of at least
22 feet and averaging at least 25 feet.
B. A side yard building setback line of at least 15 feet
adjacent to side streets on corner lots.
48 . Four (4) copies of a Landscaping Plan shall be submitted for
Office of Planning review and approval. Said Landscape Plan
shall include the following:
A. The required slope planting. Slope planting shall be
required for the surface of all cut slopes more than
five (5) feet in height and fill slopes more than three
(3 ) feet in height . Said slopes shall be protected
against damage by erosion by planting with grass or
ground cover plants. Slopes exceeding fifteen (15) feet
in vertical height shall also be planted with shrubs,
spaced at not to exceed ten (10) feet on centers; or
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 9 OF 19
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
trees; spaced at not to exceed twenty (20) feet on
centers; or a combination of shrubs and trees as cover
plants. The plants selected and planting methods used
shall be suitable for the soil and climatic conditions
of the site.
Trees 10% 15 gal. ; 40% 5 gal . ; 50% 1 gal .
Shrubs 20% 5 gal . ; 80% 1 gal . ;
Groundcover 100% coverage.
B. The required street trees.
C. All required walls . All decorative walls shall be
designed and constructed to incorporate design features
such as tree planter wells , variable setback, split
block face, columns, or other such features to provide
visual and physical relief along the wall face.
D. Any existing trees to remain on site. Any existing
eucalyptus trees to be retained shall be topped to
thirty (30) feet, trimmed along the lower fifteen (15)
feet, and cleared of all dead leaves and branches.
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*E. Parkway treatments for Rochester and Vintage Avenues
shall be designed to match approved plans within the
City of Rancho Cucamonga ' s Carvn Development proiect.
Said plans shall be reviewed and approved by the City
of Rancho Cucamonga prior to recordation of the final
tract map. addition, permanent maintenance of these
improvementi shall be assured through the creation
of/or annexation of this area into a landscaping and
lighting assessment district.
49 . Four (4) copies of an irrigation plan shall be submitted for
Office of Planning review and approval when slope planting
is required. Slopes required to be planted shall be provided
with an approved system of irrigation, designed to cover all
portions of the slope. A functional test of the system may
be required. The maintenance of graded slopes and landscaped
areas shall be the responsibility of the developer until the
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
•
BUACKMON HOMES PAGE 10 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
transfer to individual ownership or until the maintenance is
officially assumed by a County Service Area. All irriga-
tion systems , where required, shall be designed on an
individual lot basis unless commonly maintained in an
approved manner.
50. A minimum number of one ( 1 ) inch caliper/ 15 gallon,
multi-branched trees shall be planted on the lot adjacent to
the street right-of-way for each of the following types of
lots:
A. Cul-de-sac lot - 1 tree;
B. Interior lot - 2 trees;
C. Corner lot - 3 trees.
The variety of tree to be provided is subject to County
approval and to be maintained by the property owner.
51. All landscaping and irrigation shown on the approved landscape
and irrigation plans and all required walls shall be completed
or suitable bonds posted for their completion.
*51a. A revised master plan showing the new subdivision as it
relates to the adjacent properties to the east indicating
Added by B.O.S. circulation and access points for future development shall
12-19-88 be submitted to and approved by the City of Rancho Cucamonga
prior to recordation of the final tract map.
*51b. The "A" Street connection to Rochester Avenue shall be
redesigned as a cul-de-sac with emergency access connection
dded by B.O.S. to Rochester Avenue . In addition, said design or an
2-19-88 alternative design shall be reviewed and approved by both
the City of Rancho Cucamonga and the Foothill Fire District
prior to recordation of the final tract map.
*51c. This tract may have to be modified to provide an extension
of "E" Street to the adjacent areas to the east. Such
,dded by B.O.S. determination shall be made by the City of Rancho Cucamonga
2-19-88 upon review and approval of a revised master plan ot the
adjacent area. Said review and any redesign shall be
required prior to recordation of the final tract map.
*51d. Prior to recordation , an annexation/development agreement
dded by B.O.S. shall be established between the applicant and the City ot
2-19-88 Rancho Cucamonga.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 11 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
PERMITS SHALL NOT BE ISSUED UNTIL THE FOLLOWING CONDITIONS HAVE
BEEN MET:
OFFICE OF BUILDING AND SAFETY
52 . For projects where grading is to be done, grading plans are
to be submitted to and approved by the Office of Building
and Safety.
53 . Obtain a demolition permit for any building to be demolished.
Underground structures must be broken in, back-filled and
inspected before covering.
54 . Submit plans and obtain building permits for any required
walls.
55 . An erosion and sediment control plan shall be submitted for
review and approval by the Building Official prior to any
land disturbance between October 15th and April 15th.
56. A tree removal plan, permit and preconstruction inspection
in compliance with the County' s plant protected and management
ordinance shall be approved prior to any land disturbance
and/or removal of any protected trees or plants.
COUNTY FIRE AGENCY
*57 . All roofing materials used in this project shall be of a
non-combustible material. Treated materials of a temporary
nature will not be accepted.
OFFICE OF SURVEYOR
LAND DEVELOPMENT/DRAINAGE SECTION
*58 . A permit shall be obtained from the City of Rancho Cucamonga
for work necessary within the city streets, such as storm
drain connections.
OFFICE OF SURVEYOR
LAND DEVELOPMENT/ROADS SECTION
59 . An encroachment permit, or authorized clearance, shall be
obtained from the County Transportation and Flood Control
Department prior to issuance of a grading permit by the
Office of Building and Safety.
60 . An encroachment permit shall be required from the State
Department of Transportation prior to any construction within
• state right-of-way.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
ffiLACKMON HOMES PAGE 12 OF 15
SUS/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
*61. Projects subject to a building permit shall have all required
on and off-site improvements , required for each phase,
completed and approved prior to final inspection of any
buildings or structures. The term "phase" as used here shall
mean the following: "The block of building permits drawn on
less than the whole project" or "A plan of building
construction which indicates blocks of construction of less
than the whole project" . In each phase, the installation of
any on or off-site improvements shall be sufficiently
completed so as to assure protection from storm or drainage
run off, a safe and driveable access for fire and safety,
and the ordinary and intended use of the buildings or
structures. The Building Official, with the concurrence of
the Office of the Surveyor, may approve any plan or approve
a change to an approved plan, which complies with the intent
of this policy.
OFFICE OF PLANNING
*62 . Prior to issuance of building permits the developer shall
provide certification from the appropriate school district
as required by California Government Code Section 53080 (b)
that any fee, charge, dedication or other form or requirement
levied by the governing board of the district pursuant to
Government Code Section 53080 (a) has been satisfied.
63 . A final grading plan shall be required. Said grading plan
shall be submitted to the Office of Building and Safety for
review and approval. All on-site cut and fill slopes shall :
A. Be limited to a maximum slope ratio of 2 to 1 and a
maximum vertical height of thirty (30) feet. Setbacks
from top and bottom of slopes shall be a minimum of
one-half the slope height.
B. Be contour-graded to blend with existing natural
contours.
C. Be a part of the downhill lot when within or between
individual lots.
*64 . Recommended maximum heights for manufactured slope banks are
listed below. Vertical height shall be the measurement
between the elevation of the toe and top of the slope
including retaining walls. The natural slope for grading
purposes shall be determined on a parcel by parcel basis,
using the high and low elevation of the area to be graded.
Maximum heights shall not be exceeded unless grading can be
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 13 OF 13
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
significantly reduced by increased height. Alternative
designs that would reduce slope heights are preferred. Any
bank exceeding twenty-five (25) feet, regardless of length,
shall have variable gradients.
A. The maximum slope height where the natural terrain is
ten (10%) percent or less, is ten (10) feet.
B. The maximum slope height where the natural terrain is
greater than ten (10%) percent but less than or equal
to fifteen (15%) percent, is fifteen (15) feet.
C. The maximum slope height where the natural terrain
exceeds fifteen (15%) percent, is thirty (30) feet.
*65 . During construction, measures shall be taken to control
runoff from construction sites. Filter fabric fences, heavy
plastic earth covers, gravel berms or lines of straw bales
are a few of the techniques which should be considered.
*66 . Grading shall be phased so that prompt revegetation or
construction can control erosion. Where possible, only those
areas which will later be resurfaced, landscaped or built on
should be disturbed. Resurfacing of parking lots and
roadways should take place as soon as practicable, not at
the completion of construction.
67 . A copy of the final grading plan, approved by Building and
Safety, shall be submitted to the Office of Planning when
graded cut slopes exceed five (5) feet in height and fill
slopes exceed three (3) feet in height.
SUBJECT PROPERTY SHALL NOT BE OCCUPIED UNTIL THE FOLLOWING
CONDITIONS HAVE BEEN MET:
COUNTY FIRE AGENCY
68 . Address numerals shall be a minimum of four inches in height
on a contrasting background, and shall be visible from the
street. During the hours of darkness they shall be internally
illuminated. (Standard No. 122) .
69 . Each chimney used in conjunction with any fireplace or any
heating appliance in which solid or liquid fuel is used shall
be maintained with an approved spark arrester as identified
in the Uniform Fire Code (Standard Number 131) .
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BL,ACKMON HOMES PAGE 14 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
OFFICE OF- SURVEYOR
LAND DEVELOPMENT/ROADS SECTION
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B.O.S. *70 . Rochester Avenue shall be constructed half width to City of
12-19-88 Rancho Cucamonga Standards for a collector road, with a
minimum of 26 feet of pavement on a minimum 40 feet of
right-of-way. The vertical and horizontal alignment shall
conform to the approved plans for the City of Rancho
Cucamonga, including appropriate transitions to align with a
major arterial on the south side of Highland Avenue.
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Revised by 0A*41/6,f/AWkAYd/044:444 6;100(/$klaD( VA/
B.O.S. *71. Highland Avenue shall be improved to standards established
12-19-88 in a development agreement between the developer and the
City of Rancho Cucamonga. This condition is subject to the
City of Rancho Cucamonga providing a reimbursement agreement
to recover the cost of constructing the Permanent street
improvements from future development as it occurs on the
south side of Highland Avenue, on terms mutually acceptable
to the City and the developer.
tin/1////tfiehilit efl eat/thed W//ML.Eyfz7rafAN/0,,445,c0//iint iesed rdri//e)110/J//nH'
dfatfrok6'd'/tthigi.6014 41A/ainea//a'aLeE fa(t, httit/MSr /nfb41e'n(eMslitivai
Vrtairfiktiiinel
Revised by
B.O.S. *72 . Interim right turn deceleration and acceleration lanes for
12-19-88 westbound traffic shall be constructed on the north side of
Highland Avenue, with transitions to meet the permanent
pavement at both ends, to the satisfaction of the City of
Rancho Cucamonga.
73 . All required road and drainage improvements shall be installed
prior to occupancy.
OFFICE OF PLANNING
74 . Sidewalks shall be provided throughout the tract, including
all peripheral streets.
75 . Utility lines shall be placed underground in accordance with
the requirements of County Ordinance.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
BLACKMON HOMES PAGE 15 OF 15
SUB/87-110/W119-62/TR 13835
Conditions of Approval 12-19-88
76. All required landscaping and walls , as per the approved
landscape plan, shall be installed prior to occupancy.
* NON-STANDARD CONDITION(S)
**ENVIRONMENTAL MITIGATIVE MEASURES
Exhibit "C"
Conditions of Approval
Street Improvements on Rochester and Highland Avenues
A. Rochester Avenue shall be constructed full width from Highland
Avenue to the north project boundary. The vertical and horizontal
alignment shall conform to the City's approved street plans,
including appropriate transitions to align with a major arterial on
the south side of Highland Avenue. The Developer shall revise the
approved plans to include the east side of Rochester Avenue, to the
satisfaction of the City Engineer, prior to issuance of an
encroachment permit. The Developer shall be reimbursed for actual
audited costs for constructing those improvements shown on the
approved street plans for Parcel Map 9192 (Sheets 3 and 4 of Drawing
No. 1215) from funds on deposit for the ultimate improvements.
B. Highland Avenue shall be constructed full width (44 feet of
pavement) for the entire length of the project frontage and for 442
feet west of the centerline of the intersection of Highland and
Rochester Avenues with appropriate transitions to the existing
pavement beyond those points. The Developer will be given a
reimbursement agreement to recover the cost of constructing the full
width permanent street improvements from future development as it
occurs on the south side of Highland Avenue.
C. Interim right turn deceleration and acceleration lanes for westbound
traffic shall be constructed on the north side of Highland Avenue,
with transitions to meet the permanent pavement at both ends, in
conformance with the City's approved plans. The Developer shall be
reimbursed for actual audited costs for constructing those
improvements shown on the approved street plans for Parcel Map 9192
(Sheet 17 of Drawing No. 1215) from funds on deposit for the
ultimate improvements.
•
SUPPLEMENT TO COUNTY CONDITIONS OF APPROVAL
ANNEXATION 89-03 EXHIBIT "C"
C CITY OF RANCHO CUCAMONGA c_casra
...4 I:- -
COMMUNITY DEVELOPMENT DEPARTMENT FEES �����
='; ib z
1977
The following fee schedule is in effect for the Building and Safety,
Engineering and Planning Divisions of the Community Development Department.
Please address any questions you may have about specific fees to the
Department in which the fees are collected. Fees are listed within the
Department heading responsible for the fee and the key code listed below will
indicate at what point the fee should be paid.
( 1) Upon submittal for review or application
(2) At time of- permit issuance
(3) Prior to approval of final map
(4) At time of plan check submittal
Planning Division Fees
(1) Tentative Map Submittal
Tract Map $649 + $32/Lot or actual cost
plus 20%, whichever is
greater
(1) Initial Study Part I $87
( 1) Extension of Tentative Tract Map $62
(1) Planning Development Review Fees
Design/Technical Review (Com' l & Ind) $251
Minor Development Review $62
Res . Dev. Design/Technical Review $1 ,272
Conditional Use Permit $398
Specific Plan/Planned Community $1,251
Environ. Assessment (Initial Study Pt.1) $87
Sign Permit (Individual Sign Review) $32
Uniform Sign Program Review $93
( 1) Amendments/Variances
Dev. District Amendment (Zone Change) $649 + $32/acre
General Plan Amendment $1 ,272
Variance $272
Minor Exception $62
( 1) Other Permits and Deposits
Temporary Use $-0-
Temporary Model Sales Office $32
Sales Office Cash Deposit $2,500
On-site Subdivision Sign Cash Deposit $628
Temporary Construction Office $126
\. ANNEXATION 89-03 EXHIBIT "D"
Revised 4/11/88 /
( 1) Appeals
*Appeal of a Director (Staff Decision) $62
#Appeal of a Planning Commission Decision $126
#Appeal of a Tract Map $251
*Appeal if filed through City Planner' s Office
#Appeal is filed through City Clerk' s Office
Engineering Division Fees
(1 ) Tentative Map Submittal
Parcel Map $207
Initial Study, Part I $87
Revert Subdivided Land to Acreage $62 + $1.25/acre
(1) Appeals
#Parcel Map $125
#Appeal is filed through City Clerk' s Office
(1) Extension of Tentative Map
Parcel Map $62
(1) Certificate of Compliance For:
Lot Line Adjustment $186
Parcel Map Waiver $186
Mergers $186
( 1 ) Street Vacation Request $125
(3) Monumentation Surety $2,400 + $50/Lot
(Cash Deposit, Refundable)
(4) Map Checking Fees
Residential Parcel Maps $600 + $80/parcel
Tract Maps and Non-Residential Maps of
10 lots or less $905
Tract and Parcel Maps over 10 Lots $755 + $15/lot or parcel
(4) Improvement Plans **
Widening of Existing Streets $0.60 per lin. ft. + sheet
charge for interior streets
Interior Streets: 1-2 Sheets $600 per sheet
3-5 Sheets $1 ,200 + $525/sheet over 2
Sheets
6-10 Sheets $2,775 + $480/sheet over 5
Sheets
11 or More $5,175 + $450/Sheet over 10
Sheets
-2-
Storm Drain Plans: Same as for interior streets
Hydrology Study: Drainage areas up to 150 acres - $600
Drainage areas over 150 acres - $1 ,200
(4) Landscape Plans: City maintained areas $310/Sheet
**For Improvement Plans, title sheets will not be included in calculating
charges unless, in the City' s opinion, it also serves as a plan-and-profile
sheet.
Maximus for rush jobs will be 501 greater than those listed above. Revisions
to approved plans/maps will be charged on the basis of actual costs.
(2) Public Works Insp. Fee 5.0% of improvement cost to $25,000
4.5% of improvement cost next $75,000
4.0% of improvement cost over $100,000
Building and Safety Division Fees
(2) Building Permit Varies based upon valuation of work
(4) Plan Check Fee 75% of Building Permit fee
(2) Drainage Fee**
General City Area $50 per 1/100th of net acre
Etiwanda Area A 8 B $75 per 1/100th of net acre
Assessment District
8 Planned Community No Fee
(2) Street and Highway 1% of Building Valuation
Systems Fee **
(2) Beautification Fee ** $0.20 per sq. ft. of gross building area
(Residential Only) under roof, or $200, whichever is greater
(2) Electrical Permits Calculated on a square foot basis for new
residential buildings; on outlet basis for
existing residential buildings and other
buildings.
(2) Plumbing E Mechanical Calculated on basis of number and size of
Permits fixtures and/or appliances.
**This fee schedule is not all inclusive -- please check with the Building and
Safety Department for specific fees.
-3-
•
Community Services Department
See attached fee schedule for calculations.
School Fees - Contact appropriate School Districts for fee amount and payment
Alta Loma (714) 987-0766
Central (714) 989-8541
Cucamonga (714) 987-8942
Etiwanda (714) 899-2451
Chaffey High School District (714) 988-8511
Utility Fees Contact appropriate Utility Company, (i .e. , gas , electric,
water, etc. ) for fee amount and payment. A list of utility companies and
telephone numbers is provided by the Engineering Division.
Undergrounding existing overhead utilities (in-lieu fees) - see separate
handout when fees are required. Current City adopted unit amounts are as
follows on a per foot basis:
Telephone - $ 75
Cable TV - $ 10
Electrical - depending upon when undergrounded as follows:
1986 and before - $100; 1987 - $135; 1988 and after - $128
NOTE: Letters of certification of capacity will be required from school
districts and water districts along with proof of payment of appropriate fees
prior to building permit issuance.
•
-4-
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1
TENTATIVE TRACT 13835
ARCHITECTURAL AND DESIGN GUIDELINES
EXHIBIT °E°
I . ARCHITECTURAL AND DESIGN GUIDELINES
A. Intent
It is the intent of this article to provide guidelines for
the design of structures or elements which reinforce and
establish the character of North Etiwanda Foothill Area.
It is also the intent to assure that new development be
designed in a manner that is sensitive to, and compatible
with, the character of Victoria, Caryn, Etiwanda and the
Etiwanda Specific Plan Area.
Projects which in the opinion of the Design Review
Committee do not meet the intent of this article shall not
be recommended for approval .
B. General Guidelines
1. Project design shall be guided by site-specific
factors such as views, mature vegetation, topography,
surrounding development, and similar
considerations. The use of designs and site plans
prepared for another site shall not be permitted
unless successfully modified to local conditions.
2. Architectural and design elements which relate to the
existing and desired character of North
Etiwanda/Foothills area are best describes as:
- rural , rather than urban
- informal , rather than formal
- traditional , rather than contemporary
- rustic, rather than polished
- low profile, rather than massive
- relating to people, rather than automobiles
-1-
ANNEXATION 89-03 EXHIBIT "E"
C. _Specific Standards
1. Excessive repetition of single family structures with
identical floor plans and elevations shall be
discouraged. Footprints and elevations shall be
discouraged. Footprints and elevations shall be
varied per Figure 3-1.
FIGURE 3-1 FOOTPRINT/ELEVATION REQUIREMENTS
Minimum number
Number of single Minimum number of elevations
family dwellings of footprints* per footprint*
5-10 3 2
11-20 4 3
21-40 5 3
41-60 6 4
61-80 7 4
81-100 8 4
Over 100 1 additional 4
for each 40
dwelling units
over 100
* A reverse footprint of a floor plan will count as an additional
footprint. A side-on entry garage with an elbow driveway will
count as an additional footprint. .
2. Developer shall provide at least 50% of all lots be
side-on garages. However, a reduction in this
requirement, in 5% reduction increments, down to a
minimum of 20% of all garages within single family
tracts for side-on entries where an additional floor
plan per each 5% reduction is provided and if
approved by the Planning Commission. The intent is
to discourage a residential street lined with garage
fronts.
3. Driveways shall not exceed 15 feet in width through
the public parkway frontages on lots less than
75 feet in width . On lots 75 feet of greater in
width, driveways shall not exceed 24 feet, with a
•
-2-
_ smooth transition provided to the ultimate driveway
width within a depth equal to the parkway depth .
4. Two-story structures should not be planned for corner
parcels, unless sideyard setbacks of 25 feet or
greater are used. However, the Planning Commission
may consider existing one-story portions of two-story
structures not exceeding 12 feet maybe allowed a
maximum 15 foot street sideyard setback.
5. The project shall be designed in a manner that is not
only sensitive to, and compatible with the characters
of the Victoria, Caryn and Etiwanda Communities, but
also reinforces that character through an integrated
design and architectural theme.
6. While no specific architectural style is required,
the integrated theme selected shall reflect the
traditional architectural styles found in Victoria,
Caryn and Etiwanda, including but not limited to
those listed below. Any one of the following themes
may be utilized as dominant theme or they may be
interspersed. Both one and two story buildings are
appropriate to the following categories.
a. Victorian
Characteristics:
- fieldstone foundations
- steep gables and roofline
- porches and verandas
- bay windows
- vertical windows
- roundheaded windows
- clapboard and fascia
▪ board and batton siding
- large roof projections
b. California Bungalow
Characteristics:
- hip or gable roof/gently sloping front
- porches/verandas, enriched foundations
-3-
c. California Ranch
Characteristics:
- low, rambling
- rustic, informal , front porches/verandas
d. Mediterranean
Characteristics:
- vertical lines, arching windows and
entries, red tile roofs
- stucco siding
e. any other integrated design style which in the
opinion of the Design Review Committee meets the
intent of this article.
7. Materials, textures, and architectural detailing
shall be consistent with the design theme. "Stucco
stone" products may be used to create stone effects,
except where river rock occurs, which shall be native
stone. However, if any stone products are used, some
portion of the units shall include native stone.
8. Along major (collector or above) streets and the
street sides of corner lots enhanced masonry shall be
provided, see examples on page 6. All other fencing
within the rear and sideyards shall be provided at
the option of the builder, subject to City review and
approval of the designs and construction.
9. Street side landscaping and irrigation shall be
required prior to occupancy.
Said landscape and irrigation improvements shall
first be approved in plan form by the Design Review
Committee prior to the issuance of any building
permits. These plans shall contain the following
elements :
a. Architecturally designed mail boxes which which
color scheme is consistent with the dwelling
units provided for each house by the builder.
See example on page 7.
•
-4-
b. Enhanced driveway and front entry walk
treatments, utilizing decorative pavements and
wide walkways.
c. In addition to the standard parkway trees, at
least three 15 gallon trees per house would be
planted by the builder no later than occupancy
of the home. also, accent trees of at least 15
gallons in size will be provided in numbers
sufficient to equal one tree per corner for each
intersection within the tracts. This tree
planting is to be designed in a manner to
relieve any monotony of the streetscape, perhaps
by cluster planting between the homes.
d. Irrigated and turfed areas shall be provided for
each front and corner street side lot.
e. Paseo at the end of the "A" street cul-de-sac
shall be provided, landscaped and annexed to a
landscape maintenance district.
-5-
•
,., . I'�' ' ' CONCRETE CAP•
eta PILASTERS OCCUR EVERY
PSc j a 80' TO 100' O.C.
6,11 no+arlaa?milie a =""`- HEIGHT VARIES 5'-6"- 6'-6".
satits-__ aL 4.f�- eGp
• inesil r A ao ll 1lS:51
"/gam:argi�yt��;.il t CUT STONE VENEER
'±em Mr-at Lt.Je ff ort:is saws
∎uriatc*c Fcb trig . \1/wr_ 491isR,__ STUCCO WALL
. F- FINISH GRADE
AT PRIMARY ALONG PERIMETER
ENTRY MONUMENT SITE BOUNDARY
TUBULAR STEEL FENCE
WITH 5/8' PICKETTS
�V I. @ 5' O.C. -BEIGE COLOR
-40b, 9— I
e
�� ; � ,I I I � �' i ' ��` PLASTERS LOCATED AT
ere�� j� ; ' II PROPERTY LINES
r>R. II � �II1R�
lss 1 i;I• I HEIGHT VARIES FROM•
Fes[ II I' �yiee FINISH GRADE
` �� I I I I I .1 I A .V.'^. ... ��-41. .
. kr.- �' ="r.ses . PROVIDE 6' WIDE MOW
ii CURB WHERE TURF
-OCCURS ADJACENT
. TO FENCE.
VIEW FENCE
•
CONCRETE CAP-
1 = V ` PILASTERS OCCUR EVERY
==— •-, - —° ' 80' TO 100' O.C.x.
°e° oloa=°°rrr==ate •.. HEIGHT VARIES FROM 516" TO
.°°..o.aaraasau �m�m..
aei .f..arrarrr�.. rrr. , I1
f°s.ir.era°erast ups i 6.6.
�fm.���•S=°ry frame ti° BRICK VENEER
a Yrfaa .a•=gen. :fnr.r f.f�ararrr 1a.reer°fu - .:-r..'n° °°r°''. ' -`.--' TUCCO WALL
'a aaararr1, r..• .relm•• I--I as�rr.° a -
� \_d e+ •' FINISH GRADE
(
T( O
.. . _ . _ .. ; Y. rill,-,.': \,..72j:t•.
•
-
• p TYPICAL FENCE/WALL TREATMENTS
•i. l ?... °`' r .. .a , , • i f . )" .
- 6
18" 18"
STANDARD RURAL MAILBOXES
I ,
...•
3111 -----
a tiN a I , , _, . _2"x5" GRAB SUPPORTS*WI,TH
7-r--,.. -----,---------7". .. . .CHAMFERED ENDS -2.z.,.... ,
;i)
5"x5"'POST WITH A CHAMFERED
1 . TOP AND ROUTED GROOVE
/ Well
a 0.
_ ...-- RIVER ROCK BASE -
FINISH GRADE
I AK 1
.. . -.. .
TYPICAL MAILBOX STAND # 1
18' 18"
STANDARD RURAL MAILBOXES
i
Vii
2 VI II 2"x5" GRAB SUPPORTS WITH
CHAMFERED ENDS
`i) q
;r 5'x5" POST WITH A CHAMFERED
L0
TOP AND ROUTED GROOVE : ,
lllll IIIIIII BRICK BASE
=la= . , .. • „h
_I aw=
18- ----- - - (---
j FINISH GRADE
TYPICAL MAILBOX STAND #2
18" 180
STANDARD RURAL MAILBOXES
_ s
'
/ .
-„...3 '7:i _ I shi. ii,t. ;02; . -._.„ .
qt S — - Vx5* GRAB SUPPORTS WITH:-';
"4''... ti-TANiFEIRED .ENDS at. nn
73
-- - 511)(5 POTZWITH:-A CHAMFERED
;r I
".---"--- TOP AND 7.INOCITEL5-,qpiao\re::::: _,
- 1 .=77T-
." " I STONE eAST:-:::--nrirri-
.,
-.-:., e-4..INIsiti-g.F(Act„ ...„„.L...i.-:.... ,..-.4„..c, :.....-..
je ;Ea, 1 ..,,_._
NOTE: EACH ALTERNATIVE IS
SUBJECT TO ACCEPTANCE
TYPICAL MAILBOX STAND #3
BY U.S. POSTAL SERVICE
ii j - . • •
TYPICAL MAIL BOX TREATMENTS
et 7