HomeMy WebLinkAbout2016-08-24 - Agenda Packet - PC-HPCTHE CITY OF RANCHO CUCAMONGA
THE REGULAR MEETINGS OF
RANCHO
CUCAMONGA THE HISTORIC PRESERVATION COMMISSION
I_1.I C
THE PLANNING COMMISSION
AUGUST 24, 2016 - 7:00 PM
Rancho Cucamonga Civic Center
COUNCIL CHAMBERS
10500 Civic Center Drive
Rancho Cucamonga, California
11 I. CALL TO ORDER 11
Pledge of Allegiance
Roll Call
Chairman Oaxaca Vice Chairman Macias
Munoz _ Wimberly _ Fletcher
11 II. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Historic Preservation Commission or the
Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic
Preservation Commission or the Planning Commission from addressing any issue not previously included on
the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and
set the matter for a subsequent meeting.
Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair,
depending upon the number of individuals desiring to speak. All communications are to be addressed
directly to the Historic Preservation Commission or Planning Commission, not to the members of the
audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain
from any debate between audience and speaker, making loud noises, or engaging in any activity which
might be disruptive to the decorum of the meeting.
9 HISTORIC PRESERVATION COMMISSION
1 % AND PLANNING COMMISSION AGENDA
CftI�I,NONO AUGUST 24, 2016
ONCA
Page 2
III. CONSENT CALENDAR/HISTORIC PRESERVATION
COMMISSION AND PLANNING COMMISSION
A. Consideration of minutes dated August 10, 2016.
B. VACATION OF A PORTION OF BASE LINE ROAD, LOCATED EAST OF AMETHYST
STREET (V-232) — NAS ALTA LOMA, LLC — A request to vacate a portion of Base Line
Road, located east of Amethyst Street — APN: 0202-161-10. Related file: DRC2008-00909
11 IV. PUBLIC HEARINGS/PLANNING COMMISSION
The following items have been advertised and/or posted as public hearings as required bylaw. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project. Please sign in after speaking.
C. DEVELOPMENT AGREEMENT AMENDMENT DRC2016-00667 — 7418 ARCHIBALD, LLC
- An amendment to Development Agreement DRC2014-00610 between the City of Rancho
Cucamonga and 7418 Archibald, LLC, for the purpose of providing a senior housing project
in accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating
from certain development standards, for the development of a 24,641 square foot, 60-unit,
senior apartment complex on 2.25 acres of land located on the west side of Archibald
Avenue, south of Base Line Road; APN: 0208-03-158 and 0208-031-59. The City Council
adopted a Negative Declaration of environmental impacts for this project on June 3, 2015.
The California Environmental Quality Act provides that no further environmental review of
Negative Declaration is required for subsequent projects or minor revisions to projects within
the scope of a previous Negative Declaration. This item will be forwarded to the City
Council for final action.
V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND
PLANNING COMMISSION
D. INTER -AGENCY UPDATES
E. COMMISSION ANNOUNCEMENTS
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION AGENDA
FNceo AUGUST 24, 2016
CUCAMONGA Page 3
11 V1. ADJOURNMENT
1, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby
certify that a true, accurate copy of the foregoing agenda was posted on August 18, 2016, at least 72 hours prior
to the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga.
If you need special assistance or accommodations to participate in this meeting,
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
INFORMATION FOR THE PUBLIC
TO ADDRESS THE PLANNING COMMISSION
The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given
the length of the agenda, please keep your remarks brief. If others have already expressed your position, you
may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the
views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain
from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Planning Commission on any agenda item. To address the Planning Commission,
please come forward to the podium located at the center of the staff table. State your name for the record and
speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium.
It is important to list your name, address and the agenda item letter your comments refer to. Comments are
generally limited to 5 minutes per individual.
If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is
opportunity to speak under this section prior to the end of the agenda.
Any handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be
used for the official public record.
All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
AVAILABILITY OF STAFF REPORTS
Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning
Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These
documents are available for public inspections during regular business hours, Monday through Thursday,
7:00 a.m. to 6:00 p.m., except for legal City holidays.
P
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION AGENDA
AUGUST 24, 2016
Page 4
APPEALS
Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's
decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office
and must be accompanied by a fee of $2,597 for all decisions of the Commission. (Fees are established and
governed by the City Council).
Please turn off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas, staff reports and minutes can be found at
www.CityofRC.us.
Vicinity Map
Historic Preservation and
Planning Commission Meeting
August 24, 2016
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Item B: Vacation (V-232) - Base Line Road east of Amethyst
Item C: Development Agreement Amendment dRC2016-00667—West side
of Archibald Avenue south of Base Line Road
THE CITY OF RANCHO CUCAMONGA
THE REGULAR MEETING MINUTES OF
RANCHO
GUCAMONGA THE HISTORIC PRESERVATION COMMISSION
Pledge of Allegiance
Roll Call
In1► h:
THE PLANNING COMMISSION
AUGUST 10, 2016 - 7:00 PM
Rancho Cucamonga Civic Center
COUNCIL CHAMBERS
10500 Civic Center Drive
Rancho Cucamonga, California
I. CALL TO ORDER
Chairman Oaxaca X Vice Chairman Macias X
Munoz X Wimberly X Fletcher X
Additional Staff Present: Candyce Burnett, Planning Director; Steven Flower, Assistant City
Attorney; Tom Grahn, Associate Planner; Donald Granger, Senior Planner, Brian Sandona,
Associate Engineer; Dominick Perez, Associate Planner, Lois Schrader, Planning Commission
Secretary; Jennifer Yoshida Office Specialist l; Nikki Cavazos, Assistant Planner
11 II. PUBLIC COMMUNICATIONS
This is the time and place for the general public to address the Historic Preservation Commission or the
Planning Commission on any item listed or not listed on the agenda. State law prohibits the Historic
Preservation Commission or the Planning Commission from addressing any issue not previously included on
the Agenda. The Historic Preservation Commission or the Planning Commission may receive testimony and
set the matter for a subsequent meeting.
Comments are to be limited to rive minutes per individual or less, as deemed necessary by the Chair,
depending upon the number of individuals desiring to speak. All communications are to be addressed
directly to the Historic Preservation Commission or Planning Commission, not to the members of the
audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain
from any debate between audience and speaker, making loud noises, or engaging in any activity which
might be disruptive to the decorum of the meeting.
None
Item A —1
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
RANCHO AUGUST 10, 2016
CUCAMONGA Page 2
I_-
10
III. CONSENT CALENDAR/HISTORIC PRESERVATION
COMMISSION AND PLANNING COMMISSION
Consideration of regular meeting minutes dated July 13, 2016.
Consideration of adjourned meeting/workshop minutes dated July 13, 2016.
Moved by Wimberly, seconded by Fletcher, carried 5-0, to approve the Consent Calendar.
IV. PUBLIC HEARINGS/PLANNING COMMISSION
The following items have been advertised and/or posted as public hearings as required bylaw. The
Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5
minutes per individual for each project. Please sign in after speaking.
C. CONDITIONAL USE PERMIT DRC2015-01190 - FIEDLER GROUP FOR RALPHS FUEL
CENTER - A proposal to modify previously approved Conditional Use Permit DRC2010-
00348 to allow the construction of an extension of 1,200 square feet to the existing
overhead canopy, and installation of two (2) new fuel dispensers, at a gas station within an
existing shopping center in the Neighborhood Commercial (NC) District, Terra Vista
Community Plan (TVCP) located at the northeast corner of Haven Avenue and Base Line
Road; APN:1076-481-25. Related files: Minor Design Review DRC2015-01191, Conditional
Use Permit DRC2010-00348, and Development Review DRC2010-00348D. On March 9,
2011 a Mitigated Negative Declaration was adopted by the Planning Commission for
Conditional Use Permit DRC2010-00348. California Environmental Quality Act Section
15162 (a) provides that no further environmental review or Negative Declaration is required
for subsequent projects or minor revisions to projects within the scope of a previous
Negative Declaration.
D. MINOR DESIGN REVIEW DRC2015-01191 - FIEDLER GROUP FOR RALPHS FUEL
CENTER - A proposal to construct an extension of 1,200 square feet to an existing
overhead canopy, and install two (2) new fuel dispensers, to a gas station within an existing
shopping center in the Neighborhood Commercial (NC) District, Terra Vista Community Plan
(TVCP) located at the northeast corner of Haven Avenue and Base Line Road; APN: 1076-
481-25. Related files: Conditional Use Permit DRC2015-01190, Conditional Use Permit
DRC2010-00348, and Development Review DRC2010-00348D. On March 9, 2011 a
Mitigated Negative Declaration was adopted by the Planning Commission for Development
Review DRC2010-00348D. California Environmental Quality Act Section 15162 (a) provides
Item A -2
HISTORIC PRESERVATION COMMISSION
c AND PLANNING COMMISSION MINUTES
Lr
O
RANCHO AUGUST 10, 2016
C.UC.AMONGA Page 3
that no further environmental review or Negative Declaration is required for subsequent
projects or minor revisions to projects within the scope of a previous Negative Declaration.
Nikki Cavazos, Assistant Planner, presented the staff report and Powerpoint presentation.
She noted two proposed amended conditions placed before the Commissioners for their
consideration (copy on file): delete the requirement for automatic fire sprinklers and also
delete and reword #2: to read "Due to the condition to restripe the east leg of the
intersection of Valencia Avenue at Haven Avenue, loops on the east leg shall be reinstalled
per the City's latest project plans and specifications. The work shall include but is not
limited to, Type D loops at the limit line, Type E loops elsewhere. Type D and Type E loops
on separate detector channels, and new detector lead-in cables and detector cards for each
added detector channel. "
Commissioner Wimberly asked if the modifications to the site will improve circulation.
Ms. Cavazos said breaking up the linear planter and adding about 20 directional signs will
improve circulation during peak hours.
Commissioner Fletcher asked if the arrows are between the pumps and if they are
directional.
Ms. Cavazos reported that all the directional arrows will be painted on the pavement t
improve circulation to and from the pumps.
Chairman Oaxaca opened the public hearing.
Ken Barton of the Fiedler Group representing the applicants said they accept the amended
conditions. He noted they are also restriping on Valencia to improve the stacking problem.
Commissioner Fletcher informed Mr. Barton of needed improvements at the pumps such as
replacing worn out key pads, lack of receipt paper and pump trigger issues and said the
location is great but service at Costco is better.
Mr. Barton indicated these concerns are not part of the project but he would let corporate
know. He said the problem with the pump trigger is due to the prior customer "topping off".
Chairman Oaxaca closed the public hearing.
Moved by Macias, seconded by Fletcher, carried 5-0 to adopt the Resolutions approving
Conditional Use Permit DRC2015-01190 and Minor Design Review DRC2015-01191 with
the amended conditions.
E. MUNICIPAL CODE AMENDMENT DRC2016-00616 -CITY OF RANCHO CUCAMONGA -
A request to amend Titles 5, 9 and 17 of the Municipal Code to amend regulations regarding
Item A -3
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
CRANCM AUGUST 10, 2016
IONGA Page 4
new and existing massage establishments. This item is exempt from the requirements of
the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under
CEQA section 15601.b.3. This item will be forwarded to the City Council for final action.
Dominick Perez, Associate Planner, gave the staff report and Powerpoint presentation.
Commissioner Wimberly asked for clarification regarding the chain of authority with respect
to the Titles 5 and 9 portions of the application.
Mr. Perez explained that before the use was A CUP which runs with the land and now the
permit is being removed from running with the land and will run with the business operation
which gives more authority for the City to revoke the permit if the business is not complying.
Steven Flower, Assistant City Attorney said the review prior to issuance of the permit will be
at staff level. The City will no longer regulate it as a land use and it will not be under
Commission review; the City now will regulate it as a business. He said it will be the same
type of review and but regulated by another arm of the City.
Commissioner Wimberly said it seems the Commission is being by-passed and the
Commission has been removed from the process. He said the process also seems a little
muddled for Doctors to add the use to their practice.
Commissioner Fletcher asked if the owner can appeal if his permit is revoked and if a
complaint comes in on a business, who would handle that.
Mr. Flower said there will still be regulated as a land use but the regulation will be more
specific to the operator than the land use. He said a revocation is appealable to the City
Manager. The permit review and decision to issue or not to issue a permit is made in the
Planning Department, and the operator's expertise and background are reviewed. If the
decision is appealed it goes to the City Manager or his designee and if they don't like the
decision, they can file a lawsuit. He said other types of licenses and permits issued by the
City that also follow this path. He said the Planning Director will handle the complaints on
these business operations.
Chairman Oaxaca opened the public hearing and hearing and seeing no comment, closed
the public hearing. He mentioned that there are specific conditions listed that would trigger
suspension/revocation. He asked how the conditions will be tracked and if there will there
be regular checks and if the conditions can be enforced.
Mr. Perez said there is a massage task force in place that conducts inspections to ensure
compliance and would also work with other agencies if operators are working outside of
good business standards. He said this new process is a work in progress.
=7El
HISTORIC PRESERVATION COMMISSION
L�k;HAND PLANNING COMMISSION MINUTES
RANCHO AUGUST 10, 2016
CUCAMONOA Page 5
Mr. Flower said there is a provision in the new Title 5 found on page 22 of the agenda
packet (Section 5.18.170) that provides for inspections. He noted that the State still certifies
these individuals -and they can't practice without the certification. He said there is another
level of review in that we can do a cross check with the State if we believe someone does
not have the proper background. He said there is no feasible means to make sure all are up
to date and current at all times but if complaints come in then we can start looking at other
things that we might not look at in the initial application. He said the regular inspections
gives us a chance to see the red flags.
Commissioner Fletcher said the State conducts a background check.
Mr. Flower said we confirm with the State if needed.
Moved by Wimberly, seconded by Fletcher, carried 5-0 to adopt the Resolution
recommending approval of Municipal Code Amendment DRC2016-00616 by the City
Council.
F. DEVELOPMENT CODE AMENDMENT DRC2016-00563 - CITY OF RANCHO
CUCAMONGA - A supplement to Development Code Update DRC2010-00571 amending
Title 17 (Development Code) of the Rancho Cucamonga Municipal Code to revise
development standards for the Mixed Use (MU) District by removing maximum Floor Area
Ratio (FAR) requirements. The City Council adopted a Negative Declaration of
environmental impacts for this project on October 21, 2015. The California Environmental
Quality Act provides that no further environmental review or Negative Declaration is required
for subsequent projects or minor revisions to projects within the scope of a previous
Negative Declaration. This item will be forwarded to the City Council for final action.
Tom Grahn, Associate Planner gave the staff report and Powerpoint presentation.
Commissioner Fletcher asked what was the original intent and purpose to establish FAR.
Mr. Grahn said at the time it was to restrict the overall size of the development. He said we
did not realize the full impact of the restriction and how it would affect the proposition of
mixed use and marketability. In response to Commissioner Fletcher, he said the restriction
affects parking, density, building height, landscape standards, setbacks etc.
Chairman Oaxaca summarized by noting it does not fit for mixed use development.
Mr. Grahn said this requirement would prevent the higher residential density and
commercial component we are looking for along Foothill Boulevard.
Item A —5
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
RANCHO AUGUST 10, 2016
CUCAMONGA Page 6
Commissioner Wimberly said it would essentially eliminate the residential component at a
higher density.
Commissioner Munoz asked how this will impact parking for mixed use development and if it
will require less, the same or more parking.
Mr. Grahn said will not require more parking. He said the parking requirement will still be
tied to the number of bedrooms for the residential component and square footage for the
commercial component. If an applicant comes in with more bedrooms per unit, then the
parking calculation standard will trigger the need for more parking.
Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed
the public hearing.
Moved by Wimberly, seconded by Macias, carried 5-0 to adopt the Resolution
recommending approval of Development Code Amendment DRC2016-00563 by the City
Council,
V. COMMISSION BUSINESS/HISTORIC PRESERVATION AND
PLANNING COMMISSION
G. INTER -AGENCY UPDATES
None
H. COMMISSION ANNOUNCEMENTS
None
11 VI. ADJOURNMENT
7,50 PM
I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby
certify that a true, accurate copy of the foregoing agenda was posted on August 4, 2016, at least 72 hours prior to
the meeting per Government Code Section 54964.2 at 10500 Civic Center Drive, Rancho Cucamonga.
Item A —6
HISTORIC PRESERVATION COMMISSION
AND PLANNING COMMISSION MINUTES
RANCilo AUGUST 10, 2016
GucAntoNCA Page 7
®If you need special assistance or accommodations to participate in this meeting,
please contact the Planning Department at (909) 477-2750. Notification of 48
hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility. Listening devices are available for the hearing impaired.
INFORMATION FOR THE PUBLIC
TO ADDRESS THE PLANNING COMMISSION
The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given
the length of the agenda, please keep your remarks brief. If others have already expressed your position, you
may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the
views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain
from clapping, booing or shouts of approval or disagreement from the audience.
The public may address the Planning Commission on any agenda item. To address the Planning Commission,
please come forward to the podium located at the center of the staff table. State your name for the record and
speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium.
It is important to list your name, address and the agenda item letter your comments refer to. Comments are
generally limited to 5 minutes per individual.
If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is
opportunity to speak under this section prior to the end of the agenda.
Any handouts for the Planning Commission should be given to the Planning Commission Secretary for
distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be
used for the official public record.
All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for
scheduling agenda items will be at the discretion of the Commission and the Planning Director.
AVAILABILITY OF STAFF REPORTS
Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning
Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These
documents are available for public inspections during regular business hours, Monday through Thursday,
7:00 a.m. to 6:00 p.m., except for legal City holidays.
APPEALS
Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's
decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office
and must be accompanied by a fee of $2,597 for all decisions of the Commission. (Fees are established and
governed by the City Council).
Please turn off all cellular phones and pagers while the meeting is in session.
Copies of the Planning Commission agendas, staff reports and minutes can be found at
www.CityofRC.us.
Item A —7
STAFF REPORT
ENGINEERING SERVICES DEPARTMENT 4yi�
Date: August 24, 2016 I!:,
RANCHO
To: Chairman and Members of the Planning Commission CUCAMONGA
From: Dan James, Senior Civil Engineer
By: Willie Valbuena, Assistant Engineer
Subject:
east
RECOMMENDATION:
—A request to vacate a portion of Bas
61-10 Related File: DRC2008-00909
Staff recommends that the Planning Commission make the finding through minute action that the proposed
vacation is in conformance with the General Plan.
BACKGROUND/ANALYSIS:
In conjunction with the review of Development Review DRC2008-00909 prior to approval by the Planning
Commission, it was determined that there is an excess right-of-way on Base Line Road, east of
Amethyst Street that needs to be vacated. Said excess right-of-way was previously granted to the County
of San Bernardino on March 4, 1976 in Book 8876 Page 772. Once vacated, said excess right-of-way will
be part of DRC2008-00909 development.
Utility companies, other agencies and various City divisions have been notified of the proposed vacation
and were asked for comments. There were no objections to the vacation from any of the groups notified.
The vacation is consistent with the General Plan and the Development Code because said excess
right-of-way is not required for street, highways and related purposes anymore and therefore will be part
of DRC2008-00909 development.
Respectfully submitted,
Dan Jameess�
Senior Civil Engineer
DJ:WV
Attachments: Vicinity Map
Exhibit "A" - Legal Description
Exhibit "B" - Plat
Item B —1
EXHIBIT "A"
That portion of Lot 6 of Block 8 of Cucamonga Homestead Association, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per map recorded in Book 6, Page
46, of Maps, in the office of the County Recorder of said County, described as follows:
Beginning at a point on the west line of said Lot 6, North 00 27' 20" West 29.17 feet from the
south west corner thereof;
Thence northerly along the west line of said lot, North 0` 27' 20" West 17.68 feet to a point of
cusp with a curve concave to the northeast having a radius of 20.00 feet and to which point a
radial bears South 89' 32' 40" West, said curve being on the north line of an easement for
highway and road purposes granted to the County of San Bernardino March 4, 1976 in Book
8876, Page 772, of Official Records of said county;
Thence southerly, southeasterly, and easterly 31.27 feet along said curve through a central
angle of 89' 34' 30" to a point on a line parallel with and 27.00 feet north from the south line of
said lot;
Thence easterly along said parallel line and along the north line of said easement, North 89° 58'
10" East 145.15 feet to the east line of that land granted to NAS ALTA LOMA, LLC November 29,
2012 in Document No. 2012-0509387, of Official Records of said county;
Thence southerly along said east line, South 0° 27' 20" East 10.00 feet to a point on a line
parallel with and 17.00 feet north from the south line of said lot;
Thence westerly along said parallel line, South 89° 58' 10" West 152.92 feet;
Thence North 45' 01' 50" West 17.22 feet to the Point of Beginning.
Containing 1, 661 S.F. more or less.
Exhibit "B" attached hereto and by this reference made a part hereof.
Prepared by me, or under my direction, in conformance with the Professional Land Surveyor's
Act.
l"-a�
Atanacio Payan, PLS 796
My registration expires 12/31/2017
Date: "I -Zq- 7Zo((c
Page 1 of 1
Item B -2 ✓- 23"
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EXHIBIT "B"
M.B. 6/46
BLOCK 8
PORTION OF LOT 6
DOC. NO. 2012-0509387
LINE
BEARING
DISTANCE
Lt
N 89'32'40" E
33.00'
L2
N 00'27'20" W
50.00'
0
N 00'27 20" W
29.17'
L4
N 00'27'20" W
17,68'
L5
S 00'27'20" E
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L6
N 45-01'50" W
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S 89'58 10 W
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LOT 6
BASIS OF BEARINGS:
N 89'58'10" E 145.15'
N 89'58110" E-198.00'
BASE LINE ROAD
THE BEARINGS SHOWN HEREON ARE BASED
UPON THE CENTER LINE OF BASE LINE ROAD,
BEING N 89' 58' 10" E AS SHOWN ON PARCEL
MAP NO. 5545 FILED IN BOOK 54, PAGES 49
AND 50, IN THE OFFICE OF THE COUNTY
RECORDER OF SAN BERNARDINO COUNTY.
ATANACIO PAYAN DATE
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B
152.92' 11`
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_ _ _ _ _ _ _
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NOTES:
OA AN EASEMENT FOR HIGHWAY AND ROAD
PURPOSES GRANTED TO THE COUNTY OF SAN
BERNARDINO MARCH 4, 1976 IN BOOK 8876,
PAGE 772, OF OFFICIAL RECORDS OF SAID
COUNTY.
VACATION AREA
i"
SCALE 1" = 30'
Item B —3
City of Rancho Cucamonga
Engineering Division
Vicinity Map
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Item: _ V = 232
Title: V/C/N/TY MAP
Item B -4
STAFF REPORT
14_ :_U► � 1 �_ : ;auia.0
Date: August 24, 2016
To: Chairman and Members of the Planning Commission
From: Candyce Burnett, Planning Director
By: Tom Grahn, Associate Planner
RANCHO
CUCAMONGA
Subject: DEVELOPMENT AGREEMENT AMENDMENT DRC2016-00667 — 7418 ARCHIBALD, LLC -
An amendment to Development Agreement DRC2014-00610 between the City of Rancho
Cucamonga and 7418 Archibald, LLC, for the purpose of providing a senior housing project in
accordance with the Senior Housing Overlay Zoning District (SHOZD), including deviating from
certain development standards, for the development of a 24,641 square foot, 60-unit, senior
apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south
of Base Line Road; APN: 0208-031-58 and 0208-031-59. The City Council adopted a Negative
Declaration of environmental impacts for this project on June 3, 2015. The California
Environmental Quality Act provides that no further environmental review of Negative
Declaration is required for subsequent projects or minor revisions to projects within the scope
of a previous Negative Declaration.
RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution
recommending the City Council approve Development Agreement Amendment DRC2016-00667.
BACKGROUND: On May 13, 2015, the Planning Commission recommended the City Council adopt
Development Agreement DRC2014-00610, General Plan Amendment DRC2014-00546, and Zoning Map
Amendment DRC2014-00547, and approved Design Review DRC2014-00545, Minor Exception
DRC2014-00713, and Tree Removal Permit DRC2015-00275 contingent upon the City Council approval
of the General Plan Amendment, Zoning Map Amendment, and Development Agreement applications. On
June 3, 2015, the City Council approved General Plan Amendment DRC2014-00546, Zoning Map
Amendment DRC2014-00547, and Development Agreement DRC2014-00610. On June 17, 2015, the
City Council heard the second reading of the Ordinances approving Zoning Map Amendment DRC2014-
00547 and Development Agreement DRC2014-00610.
Approval of Development Agreement DRC2014-00610 provided for the development of a senior housing
project in accordance -with the Senior Housing Overlay Zoning District (SHOZD), including deviating from
certain development standards for the proposed development of a 24,641 square foot, 60-unit, senior
apartment complex on 2.25 acres of land located on the west side of Archibald Avenue, south of Base Line
Road. Related applications include: General Plan Amendment DRC2014-00546 amending the General
Plan land use designation from Low (L) Residential to High (H) Residential; Zoning Map Amendment
DRC2014-00547 amending the Zoning Map from the Low (L) Residential District to the High (H)
Residential District and to establish a SHOZD; Design Review DRC2014-00545 requesting to develop a
24,641 square foot, 60-unit, three-story senior apartment complex on 2.25 acres of land in the High (H)
Residential District (24-30 dwelling units per acre); Minor Exception DRC2014-00713 requesting to
increase the height of a combination retaining and garden wall height from 6 feet to 8 feet along the west
and south property line; and Tree Removal Permit DRC2015-00275 requesting the removal of 3 heritage
trees.
ANALYSIS: Following the June 17, 2015, City Council action, the applicant submitted to the California Tax
Credit Allocation Committee (TCAC) to obtain low income tax credit financing for this affordable senior
C1
PLANNING COMMISSION STAFF REPORT
DRC2016-00667 — 7418 ARCHIBALD LLC
August 24, 2016
Page 2
housing project. On February 17, 2016 the Successor Housing Agency approved an amendment to the
Acquisition, Disposition, Development, and Loan Agreement (ADDLA) between the City and the Developer
for this project to allow for the use of 4% low income housing tax credit financing, along with other financing
resources, should the Developer be unsuccessful in securing a 9% low income housing tax credit from the
TCAC. The use of 4% low income tax credits for the project required a modification to the unit affordability
due to a reduction in the amount of revenues to construct and manage the project. This income affordability
modification was included in the amendment to the ADDLA. The Developer was unsuccessful in receiving
a 9% low income tax credit approval in March 2016 and notified the City of its intent to pursue the 4% low
income housing tax credit financing. The purpose of this Amendment is to modify the affordability
requirements included in the Development Agreement for the project as a result of the change in tax credit
financing. The proposed Development Agreement Amendment only amends the terms of the agreement,
not the development of the related senior apartment complex.
Environmental Assessment: Pursuant to the California Environmental Quality Act (CEQA) and the City's
local CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in connection
with the City's approval of Development Agreement DRC2014-00610. Pursuant to CEQA Guidelines
Section 15162, no subsequent or supplemental EIR or Negative Declaration is required in connection with
subsequent discretionary approvals of the same project. No substantial changes are proposed to the
project that indicate new or more severe impacts on the environment; no substantial changes have
occurred in the circumstances under which the project was previously reviewed that indicates new or more
severe environmental impacts; no new important information shows the project will have new or more
severe impacts than previously considered; and no additional mitigation measures are now feasible to
reduce impacts or different mitigation measures can be imposed to substantially reduce impacts. On
June 3, 2015, the City adopted a Mitigated Negative Declaration regarding the proposed development of
a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of
Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial changes to the
project or the circumstances surrounding the project which would create new or more severe impacts than
those evaluated in the previous Mitigated Negative Declaration. Staff further finds that the project will not
have one or more significant effects not discussed in the previous Mitigated Negative Declaration, not have
more severe effects than previously analyzed, and that additional or different mitigation measures are not
required to reduce the impacts of the project to a level of less -than -significant.
CORRESPONDENCE: This item was advertised as a public hearing in the Inland Valley Daily Bulletin
newspaper in a large, and the property was posted.
Respectfully submitted,
a,
Candyce Burnett
Planning Director
CB:TG/Is
Attachments: Exhibit A - Development Agreement DRC2014-00610 Senior Citizens' Housing by and
Between the City of Rancho Cucamonga and 7418 Archibald LLC (CO 15-122)
Resolution of Approval for Development Agreement Amendment DRC2016-00667, with
Attachment A - First Amendment to Development Agreement DRC2014-00610 Senior
Citizens' Housing by and between the City of Rancho Cucamonga and 7418 Archibald LLC
(CO 15-122)
C2
Tem �fAr,
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
and
WHEN RECORDED MAIL TO:
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA, 91729
Recorded In Official Records, County of San Bernardino
7/2112016
BOB DUTTON
2:56 PM
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SG
ASSESSOR — RECORDER — CLERK
SAN
P Counter
Dock: 2I016-0292138 Titles: 1
Pages: 23
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DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS' HOUSING
BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC
(CO 15-122)
Title of Document
EXHIBIT A C3
o0n�ct.rro
DEVELOPMENT AGREEMENT DRC2014-00610 Lco_
SENIOR CITIZENS' HOUSING
THIS DEVELOPMENT AGREEMENT ("Agreement") is entered into as of the Effective
Date by and between 7418 ARCHIBALD LLC, a California limited liability company
("Developer"), and the CITY OF RANCHO CUCAMONGA, a municipal corporation
organized and existing under the laws of the State of California ("City").
RECITALS
A. California Government Code Sections 65864 et seg. authorizes cities to enter into
binding development agreements with persons having legal or equitable interests in real property
for the development of such property.
B. California Government Code Section 65915 provides that a city may, by agreement
with a developer, grant a density bonus over that allowed by the maximum density established in
the development code and land use element of the general plan when a developer agrees to
construct housing for low income households.
C. Developer has requested City to consider the approval of a development agreement,
with a density bonus, pertaining to that real property located entirely within City, the common and
legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this
reference and hereinafter is referred to as the Site."
D. The Developer proposes to construct a senior housing residential project, including
low income units, within the City. Said project contemplated by Developer will require an increase
in the maximum density as currently provided in the Senior Housing Overlay District.
E. It is the desire of City to encourage developments designed to provide affordable
rental units for senior residents of the City. In furtherance of that desire, the City is hereby willing to
grant a density bonus to Developer as provided by the terms of this Agreement.
F. On &ne, 17 , 2015, City adopted its Ordinance N'o.974approving this
Development Agreement with Developer and said action was effective on Sul yi 7 2015
10705311639142.5
We
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
1. Definitions. In this Agreement, unless the context otherwise requires, the following
terms shall have the following meaning:
a. "40% Income Qualified Tenants" shall mean Qualified Tenants whose annual
income does not exceed forty percent (40%) of the Area Median Income.
b. "Affordable Rents" shall mean the total charges for rent, utilities, and related
services to an Extremely Low Income Qualified Tenant shall not exceed one -twelfth of thirty percent
(30%) of Extremely Low Income, adjusted for household size; to a 40% Income Qualified Tenant
shall not exceed one -twelfth of thirty percent (30%) of 40% of Area Median, adjusted for
household size; and to a Very Low Income Qualified Tenant shall not exceed one -twelfth of thirty
percent (30%) of Very Low Income, adjusted for household size. Initial rents for each unit shall be
set by the Developer at the time of initial occupancy of the Development. Rents may be adjusted
annually by the same percentage that income has increased, if any, for an Extremely Low Income
Qualified Tenant, a 40% Income Qualified Tenant and a Very Low Income Qualified Tenant, based
on changes in the Area Median Income. Rents may be set at the California Tax Credit Allocation
Committee allowable rents for a specific year for the comparable income categories of Qualified
Tenants as specified in this Agreement. Tenants occupying units restricted by this Agreement shall
be given at least thirty (30) days written notice prior to any rent increase. Examples of these
affordable rent calculations are attached on Exhibit C.
C. "Area Median Income" shall mean the median income for households in San
Bernardino County, California, as published from time to time by the United States Department of
Housing and Urban Development ("HUD") in a manner consistent with the determination of median
gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined
in Title 25, California Code of Regulations, Section 6932. In the event that such income
determinations are no longer published by HUD, or are not updated for a period of at least 18
months, the City shall use the income determinations used by the California Tax Credit Allocation
Committee or alternatively the Owner shall establish income determinations that are reasonably
similar with respect to methods of calculation to those previously published by HUD.
d. "City" is the City of Rancho Cucamonga, California.
C. "Effective Date" shall mean the 31" calendar day following adoption of the
ordinance approving this Agreement by City's City Council.
f "Extremely Low Income Qualified Tenants" shall mean Qualified Tenants
whose annual income does not exceed the qualifying limits as specified in California Health and
Safety Code Section 50106, as amended.
g. "Lower Income Qualified Tenants" shall mean Qualified Tenants whose
annual income does not exceed the qualifying limits as specified in California Health and Safety
Code Section 50079.5, as amended.
1076',55\1639142.5
C5
h. "Project" is the development approved by City comprised of sixty (60)
apartment units, recreational and common area facilities, sixty (60) parking spaces and other
amenities on the Site, all as set forth more fully in the site plan for Environmental Assessment and
Design Review DRC2014-00545 submitted by Developer and approved by City, a copy of which is
attached hereto, marked as Exhibit "B" and is incorporated herein by this reference. The Project is
subject to the conditions of approval which are not changed, altered or modified by this
Development Agreement unless specifically set forth herein.
i. "Qualified Project Period" means the time period beginning with the date the
certificate of occupancy is issued for the Project and continuing for fifty-five (55) years thereafter.
j. "Qualified Tenants" shall mean households consisting of a person who is 55
years of age or older and any qualified permanent residents under the applicable provisions of
California Civil Code Section 51.3 and the federal Fair Housing Act (except to the extent the Project
utilizes federal funds whose programs have differing definitions for senior projects in which case
those definitions will apply).
k. "Very Low Income Qualified Tenants" shall mean Qualified Tenants whose
annual income does not exceed the qualifying limits as specified in California Health and Safety
Code Section 50105, as amended.
2. Recitals. The recitals are part of the agreement between the parties and shall be
enforced and enforceable as any other provision of this Agreement.
3. Interest of Property Owner. Developer warrants and represents that it has entered into
an escrow or other agreement by which it is to acquire full legal title to the real property of the Site
and that it has full legal right to enter into this Agreement.
4. Binding Effect of Agreement. The Developer hereby subjects the development and
the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in
this Agreement. The City and the Developer hereby declare their specific intent that the covenants,
reservations and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Developer's successors and assigns in title or interest to the
Development. Each and every contract, deed or other instrument hereinafter executed, covering or
conveying the development or any portion thereof shall conclusively be held to have been executed,
delivered and accepted subject to the covenants, reservations and restrictions expressed in this
Agreement, regardless of whether such covenants, reservations and restrictions are set forth in such
contract, deed or other instrument.
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.
6. Term of Agreement. The term of the Agreement shall commence on the Effective
Date and shall expire fifty-five (55) years after the commencement of the Qualified Project Period,
so long as Developer remains in material compliance with this Agreement, as from time to time
amended. This Agreement shall be deemed to be terminated automatically if Developer does not
3
1076,551639142.5
C6
obtain a Certificate of Occupancy for the entirety of the Project within five (5) years after the
Effective Date, except to the extent this time frame is extended by the City Manager, or designee, in
writing in his or her reasonable discretion.
7. Restrictions on Rental Units. During the term of this Agreement, all tenants,
occupants and residents shall be Qualified Tenants. However, it is expressly understood by the
parties hereto that the Project has been specifically designed to meet the unique needs of senior
tenants. The apartment units in the Project shall not be rented, occupied, leased or subleased to
occupants who are not Qualified Tenants.
8. Rental Requirements. During the Qualified Project Period, at least six (6) of the units
in the Project shall be rented, leased or held available for Extremely Low Income Qualified Tenants
at affordable rents; at least twelve (12) of the units in the Project shall be rented, leased or held
available for 40% Income Qualified Tenants at affordable rents; and at least eleven (11) of the units
in Project shall be rented, leased or held available for Very Low Income Qualified Tenants at
affordable rents. All other units in the Project shall be rented, leased or held available for Lower
Income Qualified Tenants.
9. No Conversion. During the term hereof, all apartment units in the Project shall
remain rental units. During the term hereof, no apartment unit in the Project shall be eligible for
conversion from rental units to condominiums, townhomes or any other common interest
subdivision without consent of the City Council.
10. On -site Manager. A full-time manager shall be provided on the Project site.
11. Submission of Materials and Annual Review. Prior to occupancy, Developer shall
submit to City tenant selection procedures which shall detail the methods which Developer shall use
to advertise the availability of apartments in the Project and screening mechanisms which Developer
intends to use to limit the occupancy of the apartments to Qualified Tenants, including the income
restrictions on some of the units as set forth in this Agreement.
On or before March 15 of each year following the commencement of the Qualified Project
Period, the Developer, or its representative, shall file a certificate of continuing program compliance
with the City. Each such report shall contain such information as City may require including, but not
limited to, the following:
a. Rent schedules then in effect, including utility charges (if any);
b. A project occupancy profile;
C. A description of the physical condition and maintenance procedures for the
Project, including apartment units, landscaping, walkways and recreational areas.
City shall be allowed to conduct physical inspections of the Project as it shall deem necessary,
provided that said inspections do not unreasonably interfere with the normal operations of the Project
and reasonable notice is provided. City shall repair any damage and shall defend, indemnify and hold
1076`55`.1639142.5
C7
Developer harmless from and against any claims, liabilities, damages, costs, expenses incurred by
Developer relating in any way to City's inspections and investigations.
12. Tenant Selection. Contracts and Rules and Regulations. On receipt of applications for
income restricted units, Developer shall determine the eligibility of the occupancy under the terms of
this Agreement. Verification of tenant income eligibility shall include one or more of the following
factors, or any other factors permitted by the California Tax Allocation Committee for the low
income housing tax credit program:
a. Obtain an income verification form from the Social Security Administration
and/or the California Department of Social Services, if the applicant receives income from either or
both agencies;
b. Obtain an income tax return for the most recent tax year;
C. Conduct a TRW or similar financial search;
d. Obtain an income verification from all current employers; and
e. If the applicant is unemployed and has no tax return, obtain another form of
independent verification.
Developer shall be entitled to rely on the information contained in the application sworn to by
the applicant. All agreements for rental of all apartment units in the Project shall be in writing.
The form of proposed rent or lease agreement shall be reviewed and approved by City prior
to the commencement of the Qualified Project Period. Such agreement shall include all rules and
regulations governing tenancy within the Project.
13. Termination and Eviction of Tenants. A tenancy may be terminated without the
termination being deemed an eviction under the following circumstances:
a. The death of the sole tenant of the unit;
b. By the tenant at the expiration of the term of occupancy or otherwise upon
thirty (30) days' written notice;
C. By abandonment of the premises by the tenant; or
d. By failure of a tenant to execute or renew a lease.
Any termination of a tenancy other than those listed above in this paragraph 13 shall constitute
an eviction. Developer shall only evict in compliance with the provisions of California law and then
only for material noncompliance with the terms of the rental agreement.
14. Hazard Insurance. Developer shall keep the Project and all improvements thereon
insured at all times against loss or damage endorsement and such other risks, perils or coverage as
10N55\1639142.5
W.
Developer may detennine. During the term hereof, the Project shall be insured to its full insurance
replacement value.
15. Maintenance Guarantee. Developer shall comply with all City maintenance standards
enacted from time to time.
16. Standards and Restriction Pertaining to Development of the Real Property. The
following specific restrictions shall apply to the use of the Site during the term of this Agreement:
a. Developer is required to obtain all necessary land use entitlements, approvals
and permits for the Project.
b. Only residential uses of the real property shall be permitted in the Project; and
C. The maximum density of residential dwelling units in the Project shall never
greater than 30 dwelling units per acre.
17. Development Incentives. The City will grant Developer the following development
incentives for development of the Project:
a. Increase the maximum density on the site from 24 dwelling units per acre to
26.6 dwelling units per acre; and
b. Decrease the required number of on -site parking spaces to a minimum ratio of
0.7 non -covered parking spaces per unit, however, the Developer will provide a minimum ratio of 1
non -covered parking spaces per unit.
18. Project Design Amenities for Senior Citizens. The Project open space, buildings and
individual apartments shall be designed with physical amenities catering to the needs and desires of
the senior citizen residents. The following physical amenities shall be substantially included in the
Project:
a. Unit sizes shall be 693 square feet for 1-bedroom residential units and 945
square feet for 2-bedroom residential units;
b. Elevator service shall be provided to all upper story apartments;
C. All common access areas in the Project such as entryways, walkways, and
hallways will be wide enough to accommodate wheelchairs;
d. The Project will meet all applicable current requirements for access and design
imposed by law as administered by the City building and safety department, including, but not
limited to, the Fair Housing Act (42 U.S.C. See. 3601 et seq.), the Americans with Disabilities Act
(42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of
Regulations that relate to access for persons with disabilities or handicaps;
1076`55116391425
C. All units shall possess secured entryways off a common enclosed hallway;
W
f. The Project is designed to encourage social contact by providing at least one
common room (the Project community room) and at least some common open space (the Project's
garden meeting spaces).
19. 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 the direct or indirect
operations of Developer or those of its contractor, subcontractor, agent, employee or other person
acting on its behalf which relate to the Project. 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 caused by reason of Developer's activities in connection with the Project.
Notwithstanding the foregoing, this provision shall not apply to any such claims which arise out of,
or by reason of, the sole negligence or willful misconduct of the City.
20. 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.
21. Event of Default. Developer is in default under this Agreement upon the happening of
one or more of the following events or conditions:
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. A breach by Developer of any of the provisions or terms of this Agreement,
after notice and opportunity to cure as provided in paragraph 22.
22. 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) at the address of the Project,
and by registered or certified mail addressed to the address stated in this Agreement, and if such
violation is not corrected to the reasonable satisfaction of City within thirty (30) 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 thirty (30) days (provided that acts to cure
the breach or default must be commenced within said thirty (30) 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.
After completion of the Project pursuant to the terms of this Agreement, any default may
alternatively be enforced as any normal violation of the standards and provisions of the Rancho
Cucamonga Municipal Code.
23. No Wavier of Remedies. City does not waive any claim of defect in performance by
Developer if on periodic review City does not enforce or terminate this Agreement. Nonperformance
7
1076\55\1639142.5
L_ I0
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 or in City's regulations governing development agreements are available to the
parties to pursue in the event that there is a breach of this Agreement. No waiver by City of any
breach or default under this Agreement shall be deemed to be a waiver of any other subsequent
breach thereof or default hereunder.
24. Rights of Lenders Under this Agreement. Should Developer place or cause to be
placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ("Lender") of said
encumbrance or lien, including, but not limited to, mortgages, shall have the right at any time during
the term of this Agreement and the existence of said encumbrance or lien to:
a. Do any act or thing required of Developer under this Agreement, and any such
act or thing done or performed by Lender shall be as effective as if done by Developer itself;
b. Realize on the security afforded by the encumbrance or lien by exercising
foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the
security document evidencing the encumbrance or lien (hereinafter referred to as "the trust deed");
C. Transfer, convey or assign the title of Developer to the Project to any
purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order
or pursuant to a power of sale contained in a trust deed; and
d. Acquire and succeed to the interest of Developer by virtue of any foreclosure
sale, whether the foreclosure sale is conducted pursuant to a court order or pursuant to a power of
sale contained in a trust deed.
The City agrees that the terms of this Agreement arc subordinate to any such financing
instrument and shall execute from time to time any and all documentation reasonably requested by
Developer or Lender to effect such subordination.
25. Notice to Lender. City shall give written notice of any default or breach under this
Agreement by property owner to Lender and afford Lender the opportunity after service of the notice
to:
a. Cure the breach or default within sixty (60) days after service of said notice,
where the default can be cured by the payment of money;
b. Cure the breach or default within sixty (60) days after service of said notice
where the breach or default can be cured by something other than the payment of money and can be
cured within that time; or
C. Cure the breach or default in such reasonable time as may be required where
something other than payment of money is required to cure the breach or default and cannot be
performed within sixty (60) days after said notice, provided that acts to cure the breach or default are
1076\55\1639142.5
C11
commenced within a sixty (60) day period after service of said.notice of default on Lender by City
and are thereafter diligently continued by Lender.
26. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender
may forestall any action by City for a breach or default under the terms of this Agreement by
Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The
proceedings so commenced may be for foreclosure of the encumbrance by order of court or for
foreclosure of the encumbrance under a power of sale contained in the instrument creating the
encumbrance or lien.
27. 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.
Developer: 7418 Archibald LLC
c/o Orange Housing Development Corporation
414 E. Chapman Avenue
Orange, California 92866
with a copy to:
C & C Development Co., LLC
14211 Yorba St., Ste. 200
Tustin, CA 92780
Attn: Todd Cottle
City: City of Rancho Cucamonga
10500 Civic Center Drive
P.O. Box 807
Rancho Cucamonga, CA 91730
Attn: City Manager
28. Attomevs' Fees. In any proceedings arising from the enforcement of this Agreement
or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover
its costs and its reasonable attorneys' fees incurred during the proceeding as may be fixed within the
discretion of the court.
29. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall
inure to, the respective parties hereto and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires or admits.
30. Applicable Law. This Agreement shall be construed in accordance with and governed
by the laws of the State of California.
31, Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof
shall not in any way be affected or impaired thereby.
I0V55U639I42.5
C12
32. Recordation. This Agreement shall be recorded in the Official Records of the County
Recorder of the County of San Bernardino.
SIGNATURES ON FOLLOWING PAGE
10
1076`55\1639142.5
C13
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall
be effective on the Effective Date set forth herein.
DEVELOPER:
7418 ARCHIBALD LLC, a California
limited liability company
By: Orange Housing Development
Corporation, a California nonprofit
corporation, its member
By:
Eunice Bobert ATTF,ST: Qs�
its ni C. Reynolds, City Clerk
CITY:
CITY OF RANCHO CUCAMONGA, a
municipal corporation
By:
Chief F,xecutive Officer
By: C&C Development Co., LLC, a
California limited liability company,
member
By:
Todd R. Cottle, its member
By: The Cottle Family Trust Dated
1/811987, its member
By:
Bbkry A. C e, Trustee
IsjJi111011 I:1i)>1Y1101163:7uA
RICHARDS, WATSON & GERSHON
By:
City Attorney'
11
1076\5546391425
C14
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California
County of
6 0- 91 a
On •71201 A,lL,
before me, Melissa Miller, Notary Public
era mx-.t namoam s.ec a F,
personally appeared �, I A � fir' L I � N I G I 1 t ( r" I, i� - c 'I
who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/shelthey executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
MELISSA MILLER
WITNESS my hand and official seal. commission x 2141978
Notary Public • California
i San Bernardino county
My Comm. Expires Fab 2.2020 r
Notary Public Signature (Notary Public Seal)
ADDI
OF THE ATTACHED DOCUMENT
(Tice or dascrpaon of attached doamenl)
el rpbon of attached document owbrued) _ - _
of Pages _ Document Date
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(i e)
❑ Partner(s)
❑ Attorney -in -fact
❑ Trustee(s)
❑ Other
INSTRUCTIONS FOR COAIPLFTING THIS FORM
Thia form complies itah currem Cal fomm statutzr regarding notan it circling and
if needed, should be completed and attached to the document Acknowledgments
front other stales mcty be completed for documents being sent to that state so long
as the it ording does nor require flee Cai forma noun to violate Ciffifurnius, notary
late
• Sure and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknow ledgnent.
• Date of nouriiAtion must be the date that the signer(s) personally appeared which
must also be the same daze the acknossiedgment is completed.
• The notary, public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the nermels) of document signer(s) who personally appear at the time of
notarintion
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he'shdtha . is Jere ) or circling the correct forms. Failure to coerced) indicate this
information may lead to rejection of document recording.
• the notary seal impression must be clear and photographically reproducible.
Impression must not cover test or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment fume.
• Signature of the notary public must match the signature on rile with the once of
the county clerk.
S• Additional information is not required but muld help to ensure this
acknowledgment is not misused or attached to a different document.
•} Indicate tide or type of attached document, number of panes and date.
Indicate the capacity claimed by the signer If the claimed capacity is a
corporate oRccr, indicate the title (i.e. CEO, CFO. Secreetar)).
• Securely attach this document to the signed document with a staple
��F
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached. and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On 1"1141 241, 2as , before me, E4w.,.ds , Notary Public,
personally appearea Qjg,tjgL a 8. , , fv.t << dobu� . who proved to me on the basis
of satisfactory evidence to be the pers n(s) whose name(s) Ware subscribed to the within instrument
and acknowledged to me that he'she'they executed the same in his44er'their authorized capacity(ies),
and that by hie=ktertthcir signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
S N JE3fR=
Gaumisaion • 2059013
< -� Notary Puti k • California
i�?�" Grange County
Comm. Expires Feb 23, 2018 r
1076 55 1639112.5
2.2
i
Notary Public
C16
EXHIBIT "A"
SITE LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
The North 160 feet of the South 1/2 of Lot I, Section 3, Township 1 South, Range 7 West, San
Bernardino Base and Meridian according to the Map of Cucamonga Lands, in the City of Rancho
Cucamonga, County of San Bernardino, State of California, as per Map recorded in Book 4 Page 9 of
Maps, in the office of the County Recorder of said County.
EXCEPT the East 45 feet thereof conveyed to the County of San Bernardino, a body corporate in the
Deed recorded March 19, 1965, in Book 6352, Page 952, of Official Records.
APN: 0208-031-58-0-000, 0208-031-59-0-000
A- I
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SITE PLAN e - - vlltA PACIFICA II - ••,• q 4 =
D PROJECT DATA
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EXHIBIT eC"
EXAMPLE INCOME AND AFFORDABLE RENT CALCULATIONS
Examples of the maximum incomes and Affordable Rents for different income levels as restricted
under this Agreement are shown on the following charts which are the maximum income levels and
rents published by the California Tax Credit Allocation Committee for 2015 for projects placed in
service after March 6, 2015. These charts arc for illustrative purposes only and the actual maximum
incomes and Affordable Rents will be based on the charts published by the California Tax Credit
Allocation Committee for each year after the Project is placed in service.
MAXIMUM INCOMES
Rented per HUE] `Jade& CALIFORMA TAX CREDIT ALLOCATION COMMITTEE
Ettect vw. Vetch 6, 2015 2015
Maximum Income Levels
ForProrea.-is ,Placed In Service on or aher 3/&2015
:ounty
Person
Person
Person
Person
Person
Person
Person
Person
AN BERNARDINO
00% Income Level
$43,500
$49.700
$55.900
$62,100
$67.100
$72,100
$77,100
$82,000
0% Income
Level
$26.100
$29.820
$33.540
$37,260
$40,260
$43,260
$46,260
$49.200
5%Income
Level
$23,925
$27,335
$30,745
$34,155
$36,905
$39.655
$42,405
$45.100
0%Income
Level
$21,750
$24,850
$27.950
$31,050
$33,550
$36,050
$38.550
$41,000
5Y. Income
Level
$19,575
$22.365
$25,155
$27,945
$30,195
$32,445
$34,695
$36.900
0%Income
Level
$17,400
$19.880
$22,360
$24,840
$26.840
$28,640
$30,840
$32.800
5%Income
Level
$15.225
$17.395
$19,565
$21,735
$23,485
$26,235
$26,985
$28.700
0%Income
Level
$13,050
514,910
$16,770
$18,630
$20,130
$21.630
$23,130
$24,600
C-1
1076 551639142.5
C19
AFFORDABLE RENTS
Revised perHODNotice CALIFORNIA TAX CREDIT ALLOCATION COMMITTEE
Etfeoave. A:,areh 6 2015 2015
Maxfrnum Rents for Pr*ct9 From CeAngs Fast-1989 and Those from Ilie r7e-1990
Ceilr ;s That Elected with the Secretary of the Treastcy to use the Pa91-1989 Rents
'f•�' IRC Section 42 - Section 13142(c) orrhe Ormbus Budget Reconcitatlon Act of 199.1)
For Projects Placed in Service on or after 3SIO15
CQUpty Emciency2BR 3BR 4DR
SAN BERNARDINO
100%Income Level
$1,086
$1,164
$1.396
$1,614
$1.802
$1,988
60%Income Level
$652
$699
$838
$969
$1.081
$1,193
55% Income Level
$598
$640
$768
$888
$991
$1.093
50% Income Level
$543
$582
$698
$807
$901
$994
45% Income Level
$489
$524
$628
$726
$811
$894
40% Income Level
$435
$466
$559
$646
$721
$795
35%Income Level
$380
$407
$489
$565
$630
$696
30% Income Levi
$326
$349
$419
$484
$540
$596
C-2
1016 55 1639142.5
C 20
1076',5511639142.5
EXHIBIT 'B"
SITE PLAN
[attached]
M.
C21
Bankof America
Merrill Lynch
TERM SHEET
(Soft Pay Subordinate Loan)
May 28, 2015
VIA EMAIL
Todd Cottle
C&C Development
14211 Yorba Street, Suite 200
Tustin, CA 92780
Re: Soft Pay Subordinate Loan for 815 N. Harbor, located in Santa Ana. California (the `Proiect')
Dear Todd:
This letter will serve as a prelimimuy outline of the terms under which Bank of America, N.A. (the
"Bank") would consider a loan request on the above referenced project. This letter does not represent
an offer or commitment by the Bank for the proposed financing, nor does it define all the terms and
conditions of a loan commitment, but is a framework upon which a loan request may be submitted.
Issuance of a commitment by the Bank is subject to, among other things, the completion of the
following items, and approval of the loan request under the Bank's internal approval process. The
Bank may decline to approve the loan request. Upon your response to this letter and after
providing any additional information which may be necessary, the Bank will proceed with the
necessary- due diligence to submit the loan request. The proposed terms and conditions are as
follows:
Project: To be constructed 70-unit apartment complex located on 2.26 +/- acre; in Santa Ana. California
on the above referenced property.
Borrower: Form and substance of Borrower must be acceptable to the Bank.
Reporting Requirements: Borrower and Guarantors' financial statements, covenant compliance
certificates, property operating statements, leasing summaries shall and any other reports required by
Bank shall be provided in detail and frequency as determined by the Bank in its sole discretion.
Know Your Customer: Within five (5) business days of opening an account with Bank, Borrower shall
have delivered to Bank all due diligence materials necessary and relevant to verifying Borrowers identity
and background information, as deemed necessary by Bank in its sole and absolute discretion.
Other Requirements: All of the following to be acceptable to the Bank: documentation and submissions
that are standard for loans of this type including, but not limited to, appraisal, ESA, legal documentation,
title/survey, condition of markets/submarkets, revenue/expense pro -formal, financial review of Borrower.
C 22
Guarantor; and (as applicable), proof of tax credit award, equity investor and pay -in schedule, and other
terms and conditions as may be required.
Confidentiality: This term sheet is strictly confidential and may not be shared by the Borrower with
anyone else other than the owners of Borrower.
SUBORDINATE LOAN:
Loan Amount: $1,400,000.00
Loan Limits: Funding will be limited to no more than $100,000 per affordable unit.
Use: Loan Proceeds shall be available for development in connection with LIHTC, multifamily
transactions.
Subordinate Loan Interest Rate: Note rate will be zero percent (0%)
Subordinate Loan Maturity: Shall be coterminous with the first mortgage loan, and in the event of no
first mortgage loan, shall not be longer than eighteen (18) years from loan closing.
Repayment Terms: Principal will be due the earlier of maturity, sale or refinance and may be
forgiven based on certain performance criteria.
Collateral: Collateral shall include the following:
1) Non -Recourse Junior Lien Deed of Trust on land and improvements constructed thereon.
2) UCC filing on furniture, fixtures and equipment.
3) Collateral Assignment of Contracts, Management Agreements, Permits and other Project
related documents.
Marketing: Development must meet the same affirmative marketing standards as are set forth in
24 C.F.R. § 200.620.
Other Terms: Availability of the Loan under this term sheet is expressly conditioned upon the Borrower
and Project receiving approval for construction financing from Bank.
Special Conditions: Project must utilize federal Low Income Housing Tax Credits or equivalent and must
meet all of the following conditions:
1) At least 20% of the residential units are affordable at or below 50%Area Median Income
(AMI) or at least 40% of the units are affordable at or below 60% AMI.
2) Utilize a Land Use Restriction Agreement (LURA) with at least a 30 year term in a form
acceptable to the Bank.
3) Borrower must agree to accept Housing Choice Vouchers.
4) Project must close and fund no later than August 31, 2015.
Additional Special Conditions: Project must meet the following additional conditions:
1) Project is located at 815 N. Harbor Blvd, Santa Ana, CA 92703 and is located within a
Small Area DDA.
2
C 23
2) At least 19i of the total number of affordable housing units include two (2) bedrooms and
at least Wi include three (3) or more bedrooms'.
3) Project occupancy is not age restricted.
GENERAL PROVISIONS:
Fees and Expenses: Borrower will pay all reasonable costs incurred by the Bank in connection with the
loans including, but not limited to, legal, and third party report. Borrower acknowledges that Bank may
receive a benefit, including, without limitation, a discount, credit or other accommodation, from outside
counsel based on the fees such counsel may receive on account of their relationship with Bank including,
without limitation, fees paid pursuant hereto.
Material Adverse Change: Bank of America's obligations hereunder shall terminate if. prior to closing,
Bank of America determines, in its sole judgment. that there shall exist any conditions regarding the
property, or the operations, business, assets, liabilities or condition (financial or otherwise, including
credit rating) of Borrower or Guarantor, or there shall have occurred a material adverse change in, or
there shall exist any material adverse conditions in. the market for syndicated bank credit facilities or the
financial, banking, credit or debt capital markets generally. that could be expected to cause the loan to
become delinquent or present any guarantor from performing its obligations under any guaranty or to
materially and adversely affect the value or marketability of the loan or the property or Bank of
America's ability to syndicate the loan or the viability of obtaining permanent financing for the Project.
Assumptions made: The terms discussed herein are presented, based on the credit conditions in
the potential transaction as known b) Bank of America. Should additional facts come to light that
positively or negati%ely impact the situation, prices or other requirements quoted here may be adjusted.
Tax treatment: flank ofAnterica ntav be required to rcpurr dnr mri tuts of the• forgirern debt ro the
/nternul Rest rut .Serrire. ('un rrrt. federal tun' prnrider jirr rertuiu exreptimn ru tits lirrhilitt srlten debt is
forgeiren firr some rustomers Colder certain facts and rircunnstances: however, debt eliminutiaa men•
trigger state and federal income ta.t liabilities far rusromers. It? understand whether rheayutdi'A far one
of these e.tceptions and it -hat other tim implications MA irunactiart null have. we urge ctestonters m
contact a tax prafes.sional. Additional inlimnation tea debt fo{tivenea.s rear be frnnnd ar u u uairs. nr.
Expiration: This term sheet will expire at 5:00 p.m. on June 4, 2015, five (5) business days from the
date hereof unless you execute this term sheet and return it to us prior to that time. Upon receipt of the
signed letter, the Bank will proceed with the necessary due diligence to prepare and submit your loan
request, provided, however that in any event, this term sheet mill finally expire at 5:00 p.m. on July 29.
2015, the date which is sixty (60) days from the date hereof.
Please understand that this term sheet does not represent an offer or commitment by Bank of America, or
any of its affiliated entities, for the proposed new financing, nor does it define all of the terms and
conditions of a loan commitment, but is a framework upon which a loan request may be submitted.
Issuance of a commitment by Bank of America is subject to, among other things, the approval of your
loan request under the Bank's approval process. If Bank of America issues a financing commitment in
this transaction, it will in all respects supersede this letter.
The undersigned acknowledges and agrees that: (i) the transaction contemplated by this Term Sheet is an
arm's length, commercial transaction between you and Bank in which Bank is acting solely as a principal
and for its own interest; (ii) Bank is not acting as a municipal advisor or financial advisor to you; (iii)
C 24
Bank has no fiduciary duty pursuant to Section 15B of the Securities Exchange Act of 1934 to you with
respect to the transaction contemplated hereby and the discussions, undertakings and procedures leading
thereto (irrespective of whether Bank has provided other services or is currently providing other services
to you on other matters); (iv) the only obligations Bank has to you with respect to the transaction
contemplated hereby expressly are set forth in this Term Sheet; and (v) Bank is not recommending that
you take an action with respect to the transaction contemplated by this Term Sheet, and before taking any
action with respect to the contemplated transaction, you should discuss the information contained herein
with its own legal, accounting, tax, financial and other advisors, as it deems appropriate. If you would
like a municipal advisor in this transaction that has legal fiduciary duties to you, you are free to engage a
municipal advisor to serve in that capacity. This Term Sheet is provided to you pursuant to and in
reliance upon the "bank exemption" provided under the municipal advisor rules of the Securities and
Exchange Commission, Rule 15Bal-1 et seq.
Sincerely,
Bank of America, N.A.
u
"'�. p
� •'�u,l,�-fib ^— -'i �-�`�.--
U d -'
Maria Joyce Maynard
Senior Vice President, Community Development
333 S. Hope Street, 201h Floor
Los Angeles, CA 90071
213-621.7590;213-621-4820(fax)
maria.iovce@baml.com
Please submit a loan application as outlined above:
Name:
Title:
Date:
C 25
RESOLUTION NO. 16-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING ADOPTION
OF AN ORDINANCE AUTHORIZING THE CITY OF RANCHO
CUCAMONGA TO APPROVE AN AMENDMENT TO DEVELOPMENT
AGREEMENT DRC2014-00610 BETWEEN THE CITY OF RANCHO
CUCAMONGA AND 7418 ARCHIBALD, LLC, FOR THE PURPOSE OF
PROVIDING A SENIOR HOUSING PROJECT IN ACCORDANCE WITH
THE SENIOR HOUSING OVERLAY ZONING DISTRICT (SHOZD),
INCLUDING DEVIATING FROM CERTAIN DEVELOPMENT
STANDARDS, FOR THE DEVELOPMENT OF A 24,641 SQUARE FOOT,
60-UNIT SENIOR APARTMENT COMPLEX ON 2.25 ACRES OF LAND
LOCATED ON THE WEST SIDE OF ARCHIBALD AVENUE, SOUTH OF
BASE LINE ROAD, AS PROVIDED FOR IN SECTION 65864 OF THE
CALIFORNIA GOVERNMENT CODE, FOR REAL PROPERTY
DESCRIBED HEREIN, AND MAKING FINDINGS IN SUPPORT
THEREOF. APN: 0208-031-58 AND 0208-031-59.
A. Recitals
1. The applicant, 7418 Archibald, LLC, filed an application for Development Agreement
Amendment DRC2016-00667, 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 13th day of May 2015, the Planning Commission adopted Resolution No. 15-
35 recommending the City Council approve Development Agreement DRC2014-00610 for the
purpose of providing a senior housing project in accordance with the Senior Housing Overlay
Zoning District (SHOZD), including deviating from certain development standards, for the
development of a 24,641 square foot, 60-unit, senior apartment complex on 2.25 acres of land
located on the west side of Archibald Avenue, south of Base Line Road.
3. On the 3rd day of June 2015, the City Council approved Development Agreement
DRC2014-00610.
4. On the 17th day of June 2015, the City Council adopted Ordinance No. 876 for
Development Agreement DRC2014-00610.
5. Following the June 17, 2015, City Council action the applicant submitted to the
California Tax Credit Allocation Committee (TCAC) to obtain low income tax credit financing for
the project. On February 17, 2016 the City of Rancho Cucamonga Successor Housing Agency
approved an amendment to the Acquisition, Disposition, Development, and Loan Agreement
(ADDLA) between the City and the Developer for this affordable senior housing project to allow
for the use of 4% low income housing tax credit financing, along with other financing resources,
should the Developer be unsuccessful in securing a 9% low income housing tax credit from the
TCAC. The use of 4% low income tax credits for the project required a modification to the unit
affordability due to a reduction in the amount of revenues to construct and manage the project.
This income affordability modification was included in the amendment to the ADDLA. The
Developer was unsuccessful in receiving a 9% low income tax credit approval in March 2016 and
notified the City of its intent to pursue the 4% low income housing tax credit financing.
6. The purpose of this Amendment is to modify the affordability requirements included in
C 26
PLANNING COMMISSION RESOLUTION NO. 16-47
DRC2016-00667 — 7418 ARCHIBALD, LLC
August 24, 2016
Page 2
the Development Agreement for the project as a result of the change in tax credit financing.
7. On the 24th day of August 2016, 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.
8. The subject property of the Development Agreement Amendment is legally described
herein.
9. A true and correct copy of the proposed Development Agreement Amendment is
attached as Attachment "A" to this Resolution.
10. All legal prerequisites prior to the adoption of this Resolution have occurred.
;011111111111111111 :?Me M=,
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. This Commission hereby specifically finds that the Development Agreement
Amendment and each and every term and provision contained therein conforms to the General
Plan of the City of Rancho Cucamonga based on the following findings:
a. The proposed Development Agreement Amendment is consistent with the
objectives, policies, and general land uses specified in the General Plan and any applicable
Specific Plans; and
b. The proposed Development Agreement Amendment is compatible and in
conformity with public convenience, general welfare, and good land use and zoning practice; and
C. The proposed Development Agreement Amendment will not be detrimental to
the health, safety, and general welfare of the City; and
d. The proposed Development Agreement Amendment will not adversely affect the
orderly development of property or the preservation of property values.
3. Pursuant to the California Environmental Quality Act (CEQA) and the City's local
CEQA Guidelines, the City adopted a Mitigated Negative Declaration on June 3, 2015, in
connection with the City's approval of Development Agreement DRC2014-00610. Pursuant to
CEQA Guidelines Section 15162, no subsequent or supplemental EIR or Negative Declaration is
required in connection with subsequent discretionary approvals of the same project. No
substantial changes are proposed to the project that indicate new or more severe impacts on the
environment; no substantial changes have occurred in the circumstances under which the project
was previously reviewed that indicates new or more severe environmental impacts; no new
important information shows the project will have new or more severe impacts than previously
considered; and no additional mitigation measures are now feasible to reduce impacts or different
mitigation measures can be imposed to substantially reduce impacts. On June 3, 2015, the City
C 27
PLANNING COMMISSION RESOLUTION NO. 16-47
DRC2016-00667 — 7418 ARCHIBALD, LLC
August 24, 2016
Page 3
adopted a Mitigated Negative Declaration regarding the proposed development of a 24,641
square foot, 60-unit, senior apartment complex on 2.25 acres of land located on the west side of
Archibald Avenue, south of Base Line Road. Accordingly, there have been no substantial
changes to the project or the circumstances surrounding the project which would create new or
more severe impacts than those evaluated in the previous Mitigated Negative Declaration. Staff
further finds that the project will not have one or more significant effects not discussed in the
previous Mitigated Negative Declaration, not have more severe effects than previously analyzed,
and that additional or different mitigation measures are not required to reduce the impacts of the
project to a level of less -than -significant.
4. This Commission hereby recommends approval of the Development Agreement
Amendment attached hereto as Attachment "A" with the special condition which follows:
a. The final draft of the Development Agreement Amendment shall be reviewed and
accepted by the City Attorney prior to approval by City Council.
5. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 24TH DAY OF AUGUST 2016.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
MIN
ATTEST:
Francisco Oaxaca, Chairman
Candyce Burnett, Secretary
I, Candyce Burnett, 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 24th day of August 2016, by the following vote -to -wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
C 28
RECORDING REQUESTED BY:
CITY OF RANCHO CUCAMONGA
and
WHEN RECORDED MAIL TO:
City Clerk
City of Rancho Cucamonga
P.O. Box 807
Rancho Cucamonga, CA, 91729
Exempt from Recording Fee per Government Code 6103
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZENS'
HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC
(CO 15-122)
ATTACHMENT A
Title of Document
C 29
FIRST AMEN DM ENT TO DEVELOPMENT AGREEMENT DRC 2014-00610 SENIOR CITIZEN'S
HOUSING BY AND BETWEEN THE CITY OF RANCHO CUCAMONGA AND 7418 ARCHIBALD LLC
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("First Amendment") is made and
entered into as of this day of , 2016, by and between 7418 ARCHIBALD, LLC, a
California limited liability company ("Developer") and the CITY OF RANCHO CUCAMONGA, a
municipal corporation organized and existing under the laws of the State of California ("CITY").
RECITALS
A. On June 17, 2015 the City Council adopted Ordinance 876 approving a Development
Agreement ("Development Agreement") with the Developer, recorded on July 21, 2016
with a document number of 2016-0292138, which provided for the development of 59
affordable senior housing units with one manager's unit located at 7418 Archibald
Avenue which consists of two parcels of land totaling 2.25 acres in the City of Rancho
Cucamonga.
B. On February 17, 2016 the City of Rancho Cucamonga, as Successor Housing Agency to
the Rancho Cucamonga Redevelopment Agency, approved an amendment to the
Acquisition, Disposition, Development, and Loan Agreement ("ADDLA") between the
City and the Developer for this affordable senior housing project to allow for the use of
4% low income housing tax credit financing, along with other financing resources,
should the Developer be unsuccessful in securing a 9% low income housing tax credit
from the California Tax Credit Allocation Committee ("TCAC"). The use of 4% low
income tax credits for the project required a modification to the unit affordability due to
a reduction in the amount of revenues to construct and manage the project. This
income affordability modification was included in the amendment to the ADDLA.
C. The Developer was unsuccessful in receiving a 9% low income tax credit approval in
March 2016 and has notified the City of its intent to pursue the 4% low income housing
tax credit financing.
D. The purpose of this First Amendment is to modify the affordability requirements
included in the Development Agreement for the project as a result of the change in tax
credit financing.
E. Capitalized terms used, but not defined, in this First Amendment shall have the meaning
set forth in the Development Agreement.
1076\55\1927081.2
C 30
AMENDMENT
1. Section 1.a. shall be deleted in its entirety.
2. Section 1.b. shall be deleted and replaced with:
b. "Affordable Rents" shall mean the total charges for rent, utilities and
related services that are no greater than that considered as "affordable rent" for low-income
households, adjusted for family size appropriate to the unit, pursuant to Section 50053 of the
California Health and Safety Code, as amended, or any successor statute thereto. The maximum
housing cost for the Qualified Tenant for each of the income levels set forth in this Agreement
must comply with the regulations promulgated by the California Department of Housing and
Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, to
the extent such regulations govern density bonuses and other incentives pursuant to Section
65915 of the Government Code. Initial rents for each unit shall be set by the Developer at the
time of initial occupancy of the Development. Rents may be adjusted annually by the same
percentage that Area Median Income has increased, if any, for an Extremely Low Income
Qualified Tenant, a Very Low Income Qualified Tenant and a Lower Income Qualified Tenant.
Rents may be set at the California Tax Credit Allocation Committee allowable rents for a specific
year for the income categories of Qualified Tenants as specified in this Agreement. Tenants
occupying units restricted by this Agreement shall be given at least thirty (30) days written notice
prior to any rent increase. Examples of these affordable rent calculations are attached on Exhibit
C.
3. Section 8. Rental Requirements. shall be deleted in its entirety and replaced with:
Section 8. Rental Requirements.
During the Qualified Project Period, at least:
a. Five (5) of the units shall be rented, leased or held available for Extremely Low Income
Qualified Tenants whose income does not exceed thirty percent (30%) of the Area
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
b. Seven (7) of the units shall be rented, leased or held available for Very Low Income
Qualified Tenants whose income does not exceed fifty percent (50%) of the Area
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
c. Seventeen (17) of the units shall be rented, leased or held available for Lower Income
Qualified Tenants whose income does not exceed sixty percent (60%) of the Area
1076\55\1927081.2
C31
Median Income, adjusted by family size appropriate to the unit, less a utility
allowance.
d. All other units, excluding one manager's unit, in the Project shall be rented, leased or
held available for Lower Income Qualified Tenants. Each unit must be occupied by a
Senior Household as its primary residence, and shall not be sublet.
4. Except for the modifications expressly made herein, the Development Agreement remains
unmodified and in full force and effect.
5. Pursuant to Section 65868.5 of the Government Code, the Parties shall mutually assure that
a copy of this First Amendment is recorded against the Site, with the County Recorder of San
Bernardino County within 10 days after the effective date of the Ordinance approving this
First Amendment.
SIGNATURES ON FOLLOWING PAGE
C 32
IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be
effective on the Effective Date set forth herein.
DEVELOPER:
7418 ARCHIBALD LLC, a California
limited liability company
CITY:
CITY OF RANCHO CUCAMONGA, a municipal
corporation
By: Orange Housing Development Corporation,
a California nonprofit corporation, its
member By:
wl
Eunice Bobert
Chief Executive Officer
By: C&C Development Co., LLC, a California
limited liability company, its member
0
Todd R. Cottle, its member
By: The Cottle Family Trust Dated 3/8/1987, its
member
L. Dennis Michael
Mayor
ATTEST:
Janice C. Reynolds, City Clerk
APPROVED AS TO FORM:
RICHARDS, WATSON & GERSHON
By:
Barry A. Cottle, Trustee
By:
City Attorney
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C 33
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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C 34
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
1076\55\1927081.2
C 35
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
1076\55\1927081.2
C 36
A notary public or other officer
completing this certificate verifies only
the identity of the individual who signed
the document to which this certificate is
attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of San Bernardino
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
1076\55\1927081.2
C 37