2025-12-17 – Item F1 - Regular City Council Meeting – Email with Video Received Video Received:
From: Armando Moreno <[email protected]>
Sent: Wednesday, November 26, 2025 3:46 PM
To: Marquez, Matt <[email protected]>
Subject: Hamilton brewery
(Video Duration 00.07 seconds)
Video with audio of alarm stating: “Please leave the area, this area is under surveillance, and you have been recorded.”
2025-12-17- Regular Meeting – Correspondence received for Item F1 From: julia espinoza <[email protected]>
Sent: Tuesday, December 16, 2025 2:13 PM
To: Marquez, Matt <[email protected]>
Subject: Protesting Hamilton Brewery
*NOTE: Attached video submitted not viewable – Sender contacted by City Staff RE: Video Format CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and can confirm the content is safe.
You don't often get email from [email protected]. Learn why this is important
I have plenty more if you need some.
Sent from Yahoo Mail for
2025-12-17 – Regular City Council Meeting – Item F1 – Additional Correspondence From: Lizzie <[email protected]>
Sent: Wednesday, December 17, 2025 1:06:40 PM
To: Marquez, Matt <[email protected]>
Subject: Antagonists Hamiltons Bar
Note – Video Provided
CAUTION: This email is from outside our Corporate network. Do not click links or open attachments unless you recognize the sender and can confirm the content is safe.
Hamilton’s brewery continues to be a nuisance to our community. There has been numerous incidents and again with drunk drivers on our small streets. This is an accident waiting to happen. Do we need a drunk driver to hit one of our community members? Our children? Our grandchildren are seniors who are right next-door to the brewery Who puts a brewery in a residential area?!! I can’t help but feel that just because we’re the Northtown area of Rancho Cucamonga the low income area with a gang injunction that we are being discarded with our concerns and our fears! Does somebody need to get seriously hurt for somebody to listen to us?
You don't often get email from [email protected]. Learn why this is important 2025-12-17 – Regular City Council Meeting – Item F1 – Additional Correspondence
From: Julia Moreno Espinoza <[email protected]>
Sent: Tuesday, December 16, 2025 1:33 PM
To: Marquez, Matt <[email protected]>
Subject: Protest of Hamilton Brewery
Hello Mr. Marquez, my name is Julia Espinoza and am writing this email so I can share my thoughts on this matter. When we first received the first letter from the city we already knew what was going to happen in our quiet neighborhood since we had seen how one of the largest breweries in Rancho Cucamonga was at it’s previous location, which we already knew it was going to be a nightmare and the city didn’t care for our thoughts nor the fact that we didn’t want Hamilton Brewery (a bar) in our peaceful neighb orhood where our children used to be able to play outside and now they can’t due to the fact that there’s too many people going back and forth trying to find a parking space. Mr Hamilton doesn’t care about the people that live in the area nor his own patrons since he did not think about the parking situation that he was putting his patrons inn. Now we the residents have to save our parking spots that we have been using for years and are constantly letting people know and they call us names and flip us off. We are constantly calling the police when they park in a no parking section due to it being in an area that the first responders need to park. It’s a 17 unit low income elderly apartments. The city needs to do more to keep Mr. Hamilton from getting away with what ever he wants, I’m sending you some videos of what goes on especially from Thursday to Sunday and let’s not forget Monday which is a day of football.
Absolute chaos everywhere and we hear it all very well since we live right across from the bar. Here are some pictures and videos of what happens there.
Sent from my iPhone
P: (626) 314-3821
E: [email protected]
Mitchell M. Tsai
Law Firm
139 S. Hudson Ave., Suite 200
Pasadena, California 91101
VIA E-MAIL
December 16, 2025
Sean McPherson
City Planning Department
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Em: [email protected]
RE: City of Rancho Cucamonga, 9th & Vineyard Development Project; City Council Agenda Item G2
Dear Mr. McPherson and the Members of the City Council:
On behalf of the Western States Regional Council of Carpenters (“Western Carpenters” or “WSRCC”), my Office is submitting these comments for the City of Rancho Cucamonga’s City Council meeting addressing the City of Rancho Cucamonga, 9th & Vineyard Development Project; City Council Agenda Item G2 (“Project”).
WSRCC would like to express its support for this Project. After further reviewing this Project, WSRCC believes that the Project will benefit the environment and the local economy by practicing protocols that will protect worker health and safety and will incorporate adequate environmental mitigation.
Should the City have any questions or concerns, the City should feel free to contact my office.
S
incerely,
_
_________________________
Ananya Raghavan
Attorneys for Western States Regional Council of Carpenters 2025-12-17- Regular City Council Meeting - Item G2 - Correspondence Received
REVISION:
Attached is a revised Attachment Nos. 05 (Resolution) and 06 (“Ordinance” and “Development Agreement”) for Public Hearing item G2. Following publication of the agenda and associated staff report and attachments for Item G2, staff and the City Attorney noted typos and inconsistencies in the Resolution and Ordinance. The CEQA findings and Statement of Overriding Considerations have also been included with the Resolution. In addition, the applicant requested minor revisions to the Development Agreement. After reviewing the requested revisions to the Development Agreement, staff supports edits to Section 10(B) and Section 11(B)(vi) that delete an unnecessary parenthetical statement and references to issuance of a Certificate of Occupancy . Further, a typographic error was noted by the applicant in Exhibit D to the Development Agreement. This error has been corrected in the revised attachment.
RECOMMENDATION:
Staff recommends the City Council certify the Environmental Impact Report, make findings pursuant to the California Environmental Quality Act, adopt a mitigation monitoring and reporting program and Statement of Overriding Considerations, and approve Desig n Review (DRC2019- 00742), Tentative Parcel Map (SUBTPM20173), Conditional Use Permit (DRC2022 -00009), Development Agreement (DRC2022 -00266) as revised , and Certificate of Appropriateness (DRC2019- 00854) through the adoption of the attached Ordinance and Resolution for the subject Project.
ATTACHMENTS:
DATE: December 17, 2025
TO: Elisa C. Cox, City Manager
FROM: Peter Castro, Deputy City Manager
BY: Jason C. Welday, Director of Engineering Services/City Engineer Jennifer Nakamura, CNU-A, Planning Director
Sean McPherson, Principal Planner
Jared Knight, Assistant Planner
SUBJECT: Public Hearing to Consider First Reading of City Council Ordinance No. 1052 to Approve Development Agreement DRC2022-00266 to be Read by Title Only and Waive Further Reading: to Consider a City Council Resolution to Adopt Design Review (DRC2019 -00742), Ten tative Parcel Map (SUBTPM20173), Conditional Use Permit (DRC2022-00009), and Certificate of Appropriateness (DRC2019-00854) for the Development of Three (3) Concrete Tilt-up Industrial Buildings Totaling Approximately 982,096 Square Feet on Approximately 45.96 Net Acres Bound by Vineyard Avenue to the East, 9th Street to the North, Baker Avenue to the West, and the BNSF/Metrolink Railroad Line to the South; APN:
0207-271-25, -27, -39, -40, -89, -93, -94, -96, -97. An Environmental Impact Report (SCH No. 201 9110456) was Prepared for the Project. (Primary Case File No: Design Review (DRC2019-00742). (RESOLUTION NO. 2025-101 AND ORDINANCE NO. 1052) (CITY)
MEMORANDUM
Engineering Services Department
Staff Report Memo: 12/17/2025 Item G2 – Public Hearing Item
Attachment 5 – Revised City Council Resolution with Findings and SOC with COA Attachment 6 – Revised Draft Ordinance No. 1052 and Development Agreement
RESOLUTION NO. 2025-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING DESIGN REVIEW
DRC2019-00742, TENTATIVE PARCEL MAP SUBTPM20173,
CONDITIONAL USE PERMIT DRC2022-00009, DEVELOPMENT
AGREEMENT DRC2022-00266, AND CERTIFICATE OF
APPROPRIATENESS DRC2019-00854 FOR THE DEVELOPMENT OF
THREE NEW INDUSTRIAL BUILDINGS TOTALLING 982,096 SQUARE FEET ON A CERTAIN 45.9 6 ACRE PROPERTY BOUNDED BY
VINEYARD AVENUE TO THE EAST, 9TH STREET TO THE NORTH,
BAKER AVENUE TO THE WEST, AND BNSF/METROLINK RAILROAD
TO THE SOUTH. APNS: 0207-271-25, - 27, -39, -40, -89, -93, -94, -96, AND -97
A. Recitals.
1. The applicant, CP Logistics Vineyard LLC, filed an application for the approval of Design Review DRC2019 -00742, Tentative Parcel Map SUBTPM20173, Conditional Use Permit DRC2022 -00009, Development Agreement DRC2022- 00266, and Certificate of Appropriateness DRC2019-00854 as described in the title of this Resolution. Hereinafter in this Resolution, the subject entitlements request is referred to as "the application."
2. On the 12th of November 2025, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application recommending that the City Council approve the proposed project and concluded said hearing on that date recommending that the City Council approve the project as proposed by a four -to- one vote.
3. On the 17th of December 2025, the City Council of the City of Rancho Cucamonga conducted a duly noticed public hearing on said application and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, it is hereby found, determined, and resolved by the City Council of the City of Rancho Cucamonga as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Council during the above-referenced public hearing on December 17, 2025, including written and oral staff reports, together with public testimony, this Council hereby specifically finds as follows:
a. The 45.96-acre project site is bounded by Vineyard Avenue to the east, 9th Street to the north, Baker Avenue to the west, and the BNSF/Metrolink railroad to the south; and
b. The project site includes a historic structure hereafter referred to as the Baker
House, located at 8803 Baker Avenue. The Baker House is currently owned by CP Logistics Vineyard LLC and is not currently in use; and
c. The application is for the development of three new industrial warehouse buildings to be located on three new parcels of land: Building 1 will total approximately 611,574 square feet including approximately 4,000 square feet of office space, Building 2 will total approximately 107,541 square feet including approximately 4,000 square feet of office space, and Building 3 will total approximately 262,981 square feet including approximately 5,000 square feet of office space. The project is in compliance with the applicable parking development standards and provides 362 parking stalls and 168 trailer parking stalls; and d. The application includes the subdivision of the project site into four new parcels to accommodate the proposed new buildings and the Baker House: Parcel 1 which will total approximately 28 acres and will be developed with Building 1, Parcel 2 which will total approximately 6 acres and will be developed with Building 2, Parcel 3 which will total approximately 12 acres and be improved with Building 3, and Parcel 4 which totals approximately 1 acre and will include the Baker House; and
e. The application includes a request for a Conditional Use Permit to allow the following uses to operate at the site: Wholesale and Distribution - Medium, Distribution/Fulfillment Center, Large, E-commerce Distribution, Storage Warehouse, and Manufacturing Light - Large; and
f. The project also includes the rehabilitation of the Baker House, in compliance with the Secretary of Interior Standards for the Treatment of Historic Places for future use by the city. Pursuant to the Certificate of Appropriateness, the city will review the rehabilitation and future use in conformance with the City's Historic Preservation Ordinance; and g. The project also includes a Development Agreement (DRC2022-00266) which is memorialized upon the approval of related Ordinance 1052 and which is hereby included with this Resolution by reference; and
h. The existing Land Use, General Plan and Zoning designations for the project site and adjacent properties are as follows:
Land Use General Plan Zoning
Site
Vacant
Neo-Industrial
Employment
(NI) District
Neo-Industrial (NI)
North
Industrial,
Residential,
Open Space
Neighborhood
Center, Neo-
Industrial
Employment (NI),
Suburban
Neighborhood Low,
Industrial
Employment (IE),
General Open
Space and Facilities
(OS)
Industrial Employment (IE), Neo -
Industrial (NI), Parks (P),
Neighborhood General 3- Limited
(NG3-L), Flood Control/Utility
Corridor (FC/UC), Medium
Residential (M)
South
BNSF Railway,
Industrial,
Residential,
Neighborhood
Commercial
Neo-Industrial
Employment (NI);
Low Density
Residential (within
Ontario),
Neighborhood
Commercial
(within Ontario)
Neo-Industrial (NI); Neighborhood
Commercial (CN) (within Ontario),
Low Density Residential (LDR5)
(within Ontario)
West Residential Traditional
Neighborhood District Low Medium Residential (LM)
East Industrial and
Cucamonga Creek
Open Space (OS)
and Neo-Industrial
Employment (NI)
Flood Control/Utility Corridor (FC/UC),
Neo-Industrial (NI)
3. The City Council hereby approves Design Review DRC2019-00742 as a part of the application and makes the following findings pursuant to the Development Code Section
17.20.040 in support of the recommendation:
a. The proposed development is in accord with the General Plan. The project site's General Plan Land Use Designation is Neo Industrial Employment. This land use designation supports industrial uses and the proposed industrial buildings have been designed such that they will have minimal impact upon neighboring residential and commercial uses.
Uses of similar scale are also present nearby; and
b. The proposed project is in accord with the objective of the Development Code and the purposes of the zone in which the site is located. The project site is located within the Neo-Industrial (NI) zone, which promotes light industrial uses with low environmental impacts, and allows for the operation of Wholesale and Distribution - Medium, Distribution/Fulfillment Center, Large, E-commerce Distribution, Storage Warehouse, and Manufacturing Light - Large uses with an approved Conditional Use Permit. Further, civic u ses are permitted by right relative to any future City use of the Baker House building; and
c. The proposed project complies with each of the applicable provisions of the Development Code for the zone in which it is located. The project was deemed complete on June 16th, 2021, prior to the adoption of the most current zoning and development standards.
At the time it was deemed complete, the project site was located within the General Industrial (GI) Zone. As such, the development standards that applied to the General Industrial (GI) zone on June 16, 2021, apply. The project complies with all applicable development standards for the General Industrial Zone as of June 16, 2021; and
d. The proposed project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The related environmental review determines that the majority of impacts created by the project will be mitigated to less than significant levels, with the exception of related noise impacts which will exceed thresholds even with mitigations. The project also results in a significant and unavoidable impact related to land use planning and recommended proximity of industrial uses to residential neighborhoods. The Planning Commission recognizes that these impacts require the City Council to adopt a Statement of Overriding Considerations, balancing these impacts against the project's economic development, job creation and infrastructure improvements benefits that align with the City's long-term goals.
4. The City Council hereby approves Tentative Parcel Map SUBTPM 20173 as part of the application and makes the following findings pursuant to the Development Code Section 16.20.060 in support of the recommendation:
a. The proposed subdivision is in accord with the General Plan, the objectives of the Development Code and the purposes of the district in which the site is located. The proposal is to subdivide a vacant property of approximately 45.96 acres into 4 numbered parcels for the purpose of industrial development and preservation and future use of the Baker House. The project site's General Plan Land Use Designation is Neo Industrial Employment.
This land use designation supports industrial uses with a reduced or minimal impact upon adjacent residential uses. Community/Civic uses are also permitted by right in this zone. The proposed industrial buildings have been designed such that they will have minimal impact upon neighboring residential and commercial uses. Uses of similar scale are also present nearby; and
b. The proposed subdivision complies with each of the applicable provisions of the Development Code for the zone in which it is located. The project was deemed complete on June 16
th, 2021, prior to the adoption of the most current zoning and development standards. At the time it was deemed complete, the project site was located within the General Industrial (GI) Zone. As such, the development standards that applied to the General Industrial (GI) zone on June 16, 2021, apply. The General Industrial zoning district required lots of a minimum area of half an acre, and a minimum width of 100 feet. The lots proposed by the tentative parcel map are all in excess of 1 acre in area and 100 feet in width. The project complies with all applicable development standards for the General Industrial district; and
c. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. The related environmental review outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these
impacts to less-than-significant. The proposed project will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
5. The City Council hereby approves Conditional Use Permit DRC2022-00009 as part of the application and makes the following findings pursuant to Development Code Section
17.20.060 in support of the recommendation:
a. The proposed use is consistent with the general plan. The project site's General Plan Land Use Designation is Neo-lndustrial Employment (NI), which permits the proposed industrial use.
b. The proposed use is in accord with the objective of the Development Code and the purposes of the zone in which the site is located. The project site is located within the Neo-lndustrial (NI) zone, which promotes light industrial uses with low environmental impacts, and allows for the operation of Wholesale and Distribution - Medium, Distribution/Fulfillment Center, Large, E-commerce Distribution, Storage Warehouse, and Manufacturing Light - Large uses with an approved Conditional Use Permit; and
c. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and absence of physical constraints that would make conduct of the proposed use undesirable. The project site is well suited to the proposed industrial uses as it is located along multiple street frontages, thereby providing multiple points of ingress/egress and emergency services access; and
d. The design, location, size and operating characteristics of the proposed use would be compatible with the existing and other permitted uses in the vicinity including transportation and service facilities. The proposed use is of a similar type, size, and intensity as existing industrial uses in the vicinity; and
e. The proposed use will not constitute a nuisance or be injurious to detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The related environmental review outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these impacts to less-than-significant. Where there exist significant and unavoidable impacts, specifically relative to noise and land use planning relative to the proximity of industrial uses near residential neighborhoods, a Statement of Overriding Considerations has been prepared for the City Council's consideration in order to weigh these impacts with the anticipated benefits of the project; and
f. The proposed use will not pose an undue burden on city services, including police, fire, streets, and other public utilities. The applicant shall provide traffic improvements to ensure that surrounding public streets and intersections maintain sufficient levels of service during construction and operation of the proposed buildings.
6. The City Council hereby approves Certificate of Appropriateness DRC2019-00854, and makes the following findings pursuant to Development Code Section 17.18.040 in support of the recommendation:
a. The proposed rehabilitation will not result in a substantial adverse change to the historic resource within the meaning of the California Environmental Quality Act (CEQA).
Due to vandalism and deterioration of existing materials, replacement of mortar, roofing, doors, and windows may be necessary in order to rehabilitate the historic structure. All required replacement of existing materials shall be done with materials that closely match the original materials in appearance, texture, and color, ensuring the preservation of the structure's historic character . Upon implementation of these measures to preserve the structure, the future community/civic use of this structure will not result in substantial adverse change to the historic resource; and
b. The project is consistent with the purposes of the Historic Preservation Commission, and more specifically Development Code Sections 17.18.030 (Maintenance of Historic Resources) and 17.18.040 (Certificate of Appropriateness). The project aligns with the intent of these regulations by maintaining the architectural integrity of the historic structure. The proposed rehabilitation, including the replacement materials, will preserve the visual character of the structure as an example of "Folk Architecture". This rehabilitation will increase the longevity of the structure and allow for its use as a public resource; and c. The project is consistent with the Secretary of the Interior Standards for the Treatment of Historic Properties by complying with the applicable Standards for Rehabilitation. Standard 2 states, "the historic character of a property shall be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided." The applicant proposes to rehabilitate the existing historical structure through the removal of graffiti and the replacement of deteriorated or missing structural elements with materials that are substantially the same as the original materials. Standard 6 states, "deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive
feature, the new feature shall match the old in design, color, texture, and where possible, materials. Replacement of missing features shall be substantiated by documentary and physical evidence." The brick-and-mortar construction of the historic structure is a distinctive feature of the folk architecture style. In order to maintain this distinctive feature, it is necessary to evaluate and replace the mortar where required to ensure the longevity of the historic resource.
7. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the application:
a. Pursuant to the California Environmental Quality Act (CEQA) an Environmental Impact Report (EIR) (SCH No. 2019110456), has been prepared for this project. The EIR was circulated for public review starting on March 15, 2022, and concluding on May 2, 2022. In response to this review, public concerns were raised regarding the content and adequacy of the analysis prepared for the original EIR. The primary public concern involved the inclusion of emissions credits from structures which had previously existed on the site, but that were not occupied. Further, those structures were demolished
between February and April 2022. Because the project site is now vacant and undeveloped, except for the Baker House, the decision was made to update technical studies for air quality, biological resources, greenhouse gas emissions, noise, and transportation based on the current site conditions. Ac cordingly, the DEIR was then recirculated and distributed for a new 45 -day public review period on June 20 th, 2024, with
the comment period concluding on August 5th, 2024, after which the City prepared a Final EIR (FEIR); and
b. The FEIR has been completed, and has analyzed the environmental impacts of the construction and operation of the proposed project; and c. The FEIR contains the information required by CEQA Guidelines Section 15132, including without limitation, the Draft EIR and all revisions and additions thereto, comments on the Draft EIR received from various agencies, organizations, companies, individuals or other interested parties, and the City’s responses to the comments received on the Draft EIR, and findings as required by CEQA statue; and d. The EIR concludes that upon implementation of the project and all recommended mitigation measures, certain impacts would result in significant and unavoidable impacts. These include impacts to Land Use Planning (Appendix G, Section XI), and Noise (Appendix G, Section XIII). Specifically, the project proposes new large industrial development to be located approximately 50 feet from the nearest existing residential development, which conflicts with General Plan Land Use policy LC -7.4, which discourages large industrial projects to be located within 1,000 feet of existing and planned residential development. Further, regarding impacts to noise, as the developer anticipates the proposed buildings to operate 24 hours a day, 7 days a week, anticipated noise generated from the use would be 60.2 decibels (dBA) as measured at nighttime (10:00 p.m. to 7:00 a.m.), as measured from the residences located along the north side of 9 th Street. Further, noise
thresholds will also be exceeded in Ontario, specifically as measur ed from the residences located on the southside of 8 th Street. Whereas the City of Ontario establishes nighttime thresholds of 49 dBA (10:00 a.m. to 7:00 p.m.), which is the current measured ambient noise level, operations from the project will result in approximately 58 dBA at this location along the southside of 8
th Street. As such, the operational characteristics of the proposed project will exceed the noise thresholds for both the City of Rancho Cucamonga and the City of Ontario; and
e. As part of project approval, the City Council has considered a CEQA Findings and a Statement of Overriding Considerations which acknowledges these unavoidable impacts, but which also acknowledges project benefits. The CEQA Findings and Statement of Overriding Considerations is included with this Resolution as “Exhibit A” and is hereby adopted upon approval of the project
8. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, 4, 5, 6 and 7 above, this Co uncil hereby approves the application subject to each and every condition set forth in the Conditions of Approval, attached hereto and incorporated herein by this reference. The effectiveness of the tentative map, design review, conditional use permit and certificate of appropriateness are contingent upon the developer’s execution of the development agreement.
9. The City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED THIS 17th DAY OF DECEMBER 2025.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY: ___________________________________
L. Dennis Michael, Mayor
ATTEST: _________________________________
Kim Sevy, City Clerk
I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and adopted by the City Council of the City of Rancho Cucamonga, at a regular meeting of the City Council held on the 17
TH day of December 2025, by the following vote-to-wit:
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ABSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER:
ORDINANCE NO. 1052
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA APPROVING DEVELOPMENT
AGREEMENT DRC2022-00266 BETWEEN THE CITY OF
RANCHO CUCAMONGA AND CP LOGISTICS VINEYARD LLC
TO FACILITATE THE DEVELOPMENT OF THREE NEW
WAREHOUSE BUILDINGS TOTALING APPROXIMATELY
982,096 SQUARE FEET ON AN APPROXIMATE 45.96-ACRE
PROJECT SITE BOUND BY 9TH STREET TO THE NORTH,
BAKER AVENUE TO THE WEST, VINEYARD AVENUE TO THE
EAST, AND ADJACENT TO 8TH STREET TO THE SOUTH; AND
MAKING FINDINGS IN SUPPORT THEREOF – APN: 0207-271-
25, -27, -39, -40, -89, -93, -94, -96, AND -97.
A. Recitals.
1. WHEREAS, CP Logistics Vineyard LLC (the “Applicant”), filed an application for and negotiated the terms of Development Agreement DRC2022 -00266, as described in the title of this Ordinance and attached hereto as Exhibit 1. Hereinafter in this Ordinance, the subject development agreement is referred to as the “application" or the “Development Agreement”; and
2. WHEREAS, On November 12 , 2025 , 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 at which point the Planning Commission voted 4 in favor and 1 against to recommend that the City Council approve Development Agreement DRC2022-00226; and
3. WHEREAS, On December 17, 2025, the City Council conducted a duly noticed public hearing, concluded said hearing on that date, and thereafter introduced for first reading this Ordinance; and
4. WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does ordain as follows:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct.
SECTION 2. Based upon the substantial evidence presented to the City Council during the above- referenced public hearing on December 17, 2025 , including written and oral staff reports, together with public testimony, the City Council hereby specifically finds as follows:
a. The application applies to the approximately 45.96-acre project site which comprises nine parcels, APN: 0207-271-25, -27, -39, -40, -89, -93, -94, -96, and -97. The project site is bounded by 9th Street to the north, Baker Avenue to the west, Vineyard Avenue to the east, and is adjacent to 8th Street to the south. The project site is currently vacant, with the exception of an existing cell tower, located approximately 300 linear feet west of Vineyard Avenue along the project’s southern property line, which would remain and not be removed. The project site also contains a vacant historic structure on the west side of the site at 8803 Baker Avenue (the “Baker House”); and
b. Concurrent with this application, the Applicant has also applied for a Tentative Parcel Map (SUBTPM20173) to consolidate the existing nine parcels into four new parcels, Design Review (DRC20 19-00742), Conditional Use Permit (DRC2022- 00009) and Certificate of Appropriateness (DRC2019-00854) to permit the use and construction of the proposed project; and
c. Development of the project is governed by the City’s General Plan, Development Code, all entitlements associated with the project, and the subject Development Agreement between the City and Applicant; and
d. The existing Land Use, General Plan and Zoning Designations for the project site and adjacent properties are as follows:
Land Use General Plan Zoning
Site Vacant Neo-Industrial Employment (NI)
District Neo-Industrial (NI)
North
Industrial,
Residential, Open
Space
Neighborhood Center, Neo-
Industrial Employment (NI),
Suburban Neighborhood Low,
Industrial Employment (IE),
General Open Space and
Facilities (OS)
Industrial Employment
(IE), Neo-Industrial
(NI), Parks (P),
Neighborhood General
3-Limited (NG3-L),
Flood Control/Utility
Corridor (FC/UC),
Medium Residential (M)
South
BNSF Railway,
Industrial,
Residential,
Neighborhood
Commercial
Neo-Industrial Employment (NI);
Low Density Residential (within
Ontario), Neighborhood
Commercial (within Ontario)
Neo-Industrial (NI);
Neighborhood
Commercial (CN)
(within Ontario), Low
Density Residential
(LDR5) (within Ontario)
West Residential Traditional Neighborhood District Low Medium Residential (LM)
East Industrial and
Cucamonga Creek
Open Space (OS) and Neo-
Industrial Employment (NI)
Flood Control/Utility
Corridor (FC/UC), Neo-
Industrial (NI)
e. The project is for the development of three new industrial warehouse buildings on four new parcels of land: Building 1 will total approximately 611,574 square feet including office space of approximately 4,000 square feet, Building 2 will total approximately 107,541 square feet including office space of approximately 4,000 square feet , and Building 3 will total approximately 262,981 square feet including potential office space of approximately 5,000 square feet . The project provides 362 parking stalls and 168 trailer parking stalls; and f. The project also includes the retention, rehabilitation and reuse of the Baker House, in compliance with the Secretary of Interior Standards for the Treatment of
Historic Properties for use by the City as a community center. Pursuant to the Certificate of Appropriateness (DRC2019-00854), the City will review the rehabilitation and future use in conformance with the City’s Historic Preservation Ordinance. g. As part of the Project, and in accordance with the California Environmental Quality Act (“CEQA”), the City has prepared Environmental Impact Report SCH No. 2019110456 (EIR), which analyzed the potential environmental impacts of the project and related approvals; and
h. Pursuant to Section 17.22.060 of the Development Code, Development Agreements have been determined to be beneficial to the public in that:
i. Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.
ii. Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of appr oval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.
iii. Development Agreements enable the City to plan for and finance public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.
i. The proposed Development Agreement Amendment is being made and entered into for the project to ensure that the above three goals are fulfilled; and j. The project complies with all requirements of the Development Code including setbacks, parking, design, and landscape coverage.
SECTION 3. Based upon the substantial evidence presented to the City Council during the above-referenced public hearing and upon the specific findings of facts set forth in Sections 1 and 2 above, the City Council hereby finds and concludes as follows:
a. The proposed project is consistent with the General Plan. The project site comprises nine parcels: APN: 0207-271-25, -27, -39, -40, -89, -93, -94, -96, and -97. The General Plan designation for each of the nine parcels is Neo-Industrial Employment (NI) District , which permits the proposed industrial use.
b. The proposed use is in accord with the objective of the Development Code and the purposes of the district in which the site is located. Wholesale and Distribution Medium, Distribution/Fulfillment Center, Large, E -Commerce Distribution, Storage w arehouse, and Manufacturing, Light -Large are permitted within the Neo-Industrial (NI) District subject to the approval of a Conditional Use Permit. Conditional Use Permit DRC2022-00009 was submitted for the operation of the uses listed above..
c. The proposed use is in compliance with each of the applicable prov isions of the Development Code. The uses listed above are permitted within the Neo-Industrial Employment (NI) District upon the approval of a Conditional Use Permit. The project complies with all other development criteria outlined in the Development Code including setbacks, parking and design.
d. The proposed use is in conformance with the City’s Historic Preservation Ordinance. Pursuant to the Certificate of Appropriateness (DRC2019-00854), the City will review the rehabilitation and future use of the Baker House to require conformance with the City’s Historic Preservation Ordinance.
e. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. The related environmental review outlines potential environmental impacts related to the project and identifies project-specific mitigation measures that reduce these impacts to less -than-significant. The proposed use will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
SECTION 4. The Development Agreement, in addition to the Tentative Parcel Map, Design Review, Conditional Use Permit and Certificate of Appropriateness (collectively, the “Project”) were environmentally reviewed pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines. Pursuant to CEQA Guidelines Section 15060(d), the City determined that an EIR would clearly be required for the Project, and therefore prepared an environmental impact report (EIR) that focused on the potentially significant effects of the Project.
By separate Resolution No. 2025-101, the City Council has: (i) made the required CEQA findings and determinations, (ii) certified the Final EIR; and (iii) adopted a Mitigation Monitoring and Reporting Program for the Project. Resolution No. 2025-101, is incorporated herein by reference, and made a part hereof as if fully set forth herein. The documents and other materials that constitute the record on which this determination was made are located in the Planning Department and are in the custody of the Planning Director. Further, the mitigation measures set forth therein are made applicable to the Project.
SECTION 5. On the basis of the foregoing and the totality of the administrative record before it, the City Council hereby approves Development Agreement DRC2022-00266 as shown in Exhibit 1.
SECTION 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED THIS 17TH DAY OF DECEMBER 2025.
CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA
BY:
L. Dennis Michael, Mayor
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council held on the 17 th day of
December 2025, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:_______________________________
City Clerk of the City of Rancho Cucamonga
City Clerk
EXHIBIT 1
Development Agreement
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Record at the Request of and when Recorded
Mail to:
Kim Sevy
City Clerk
10500 Civic Center Drive
Rancho Cucamonga, California 91730
APNs: 0207-271-25, -27, -39, -40, -89, -93, -
94, -96, and -97
DEVELOPMENT AGREEMENT NO. DRC2022-00266
REGARDING THE 9TH AND VINEYARD WAREHOUSE DEVELOPMENT PROJECT,
RANCHO CUCAMONGA, CALIFORNIA
THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is made and entered into as of the “Effective Date” set forth herein, by and between CP LOGISTICS VINEYARD LLC, a Delaware limited liability company (“Developer”), and the CITY OF RANCHO CUCAMONGA, a California municipal corporation (“City”).
RECITALS
Section 1. On December 17, 2025 the City Council of the City of Rancho Cucamonga (“Council”) adopted the following resolutions:
A. Resolution 2025-101, approving Conditional Use Permit DRC2022-00009 (inclusive of following uses to be vested in perpetuity and approved separately via either a Conditional Use Permit (“CUP”) or Minor Use Permit (“MUP”): Wholesale and Distribution, Medium (CUP); Distribution/Fulfillment Center, Large (MUP); E-Commerce Distribution (CUP); Storage Warehouse (CUP); Manufacturing, Light – Large (MUP)); and B. Resolution 2025-101, approving Design Review DRC2019-00742; and C. Resolution 2025-101, approving Tentative Parcel Map SUBTPM20173; and D. Resolution 2025-101, approving Certificate of Appropriateness DRC2019-00854; and
E. Resolution 2025-101, certifying, after making appropriate finding, Environmental Impact Report (“EIR”) identified as SCH No. 2019110456.
Section 2. Collectively, the Resolutions identified in Section 1 of the recitals (collectively, “Project Entitlements”) amended the City’s land use regulations to permit the redevelopment of the site with three industrial buildings with warehouse distribution uses and ancillary office space, including the 611,574 square-foot (“sf”) in Building 1, 107,541 sf in Building 2, and 262,981 sf in
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Building 3, along with the construction of internal drive aisles, parking, on-site landscaping, lighting, and utility connections.
Section 3. California Government Code Section 65864, et seq. authorizes cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. Developer is owner of the Site, as defined below and generally described as a 45.96-acre site bound by 9th Street to the north, Baker Avenue to the west, Vineyard Avenue to the east, and adjacent to 8th Street to the south, in the City of Rancho Cucamonga, San Bernardino County, California comprising tax Assessor Parcel Numbers (APNs) 0207-271-25, -27, -39, -40, -89, -93, -94, -96, and -97, and has a legal interest in the real property subject to this Agreement.
Section 4. City and Developer mutually desire to enter into this Development Agreement to implement the Project.
Section 5. On December 17, 2025, City adopted its Ordinance No. 1052 (the “Approving Ordinance”), thereby approving this Development Agreement between the City and Developer, which is effective as of ________________. All requirements of the California Environment Quality Act have been met with respect to the Project, Project Entitlements, and this Agreement, and this Agreement is consistent with the City’s General Plan.
AGREEMENT
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning:
“Approving Ordinance” means Ordinance 1052, which approved this Agreement. “Baker House” means the abandoned home located on west side of the Site and having an address of 8803 Baker Avenue.
“Building 1” means the 611,574 sf building identified as “Building 1” in the Development Plan. “Building 2” means the 107,541 sf building identified as “Building 2” in the Development Plan. “Building 3” means the 262,981 sf building identified as “Building 3” in the Development Plan. “City” means the City of Rancho Cucamonga.
“Developer” means CP Logistics Vineyard LLC, a Delaware limited liability company. “Development Plan” means those plans, specifications, and images attached hereto, collectively marked as Exhibit “B” and incorporated herein by this reference. “Effective Date” means the date that this Agreement is executed by the City and Developer as set forth on the signature page hereto, and the Approving Ordinance becomes effective.
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“Material Handling Equipment” means all equipment intended for use in connection with the Project’s operation for the purpose of loading or unloading goods and materials, including all forklifts.
“Project” means the proposed development of the Site, consistent with the terms and conditions of the Project Entitlements.
“Project Entitlements” mean the Resolutions described in recital Sections 1 through 2. “RC Fiber” means the high speed broadband internet service and corresponding fiber-optic infrastructure City provides and operates.
“Sidewalks” means the sidewalks identified by the City in the area bounded by Arrow Route, Grove Avenue, 8th Street, and Vineyard Avenue.
“Site” means the real property that is the subject of the Project Entitlements and as legally described, depicted and identified in Exhibit “A-1” and Exhibit “A-2”. “Traffic Calming” means traffic calming enhancements/improvements the area bounded by Arrow Route, Grove Avenue, 8th Street, and Vineyard Avenue.
“Trees” means the trees identified by the City within the area bounded by Arrow Route, Grove Avenue, 8th Street, and Vineyard Avenue.
Section 2. Recitals. The recitals are part of this Agreement and shall be enforceable as any other provision of this Agreement.
Section 3. Interest of Developer. Developer warrants and represents that, as of the Effective Date, it will have legal title to or an equitable interest in the Site; that it has full legal right to enter into this Agreement; and that the persons executing this Agreement on behalf of Developer have been duly authorized to do so.
Section 4. Binding Effect of Agreement. Developer hereby subjects the Project and the Site 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 Developer’s successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project 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.
The City and Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Site by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by furthering the public purposes for which this Agreement is adopted.
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Section 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that City and Developer are each an independent party and neither is the agent or partner of the other for any purpose whatsoever and neither shall be considered to be the agent or partner of the other for any purpose whatsoever.
Section 6. Term of Agreement.
A. The term of this Agreement shall commence on the Effective Date and shall continue for eight (8) consecutive calendar years thereafter, unless the Term is otherwise terminated, modified, or extended in accordance with the provisions of this Agreement. So long as there are no material changes to the Project, the Developer is not then in breach beyond the notice and cure periods set forth in this Agreement, and the Developer has made all payments to the City as required pursuant to this Agreement, Developer has an option to extend the Term one time for an additional two (2) years upon mutual consent of the Parties. To exercise this option, Developer must, no less than ninety (90) days’ prior to the expiration of the Term, both: (i) provide City with written notice of the intent to exercise the option and (ii) pay to City one million dollars ($1,000,000.00). Upon receipt of such notice and payment, City will provide written confirmation that the Developer’s option to extend the Term has been exercised and accepted. The Term shall not be extended until City provides written confirmation to Developer.
B. Notwithstanding Subsection A above, this Agreement and the Project Entitlements shall terminate unless Developer obtains a building permit for the construction of the Project or the Baker House Improvements defined below within three (3) calendar years after the Effective Date and then construction commences on the Project or the Baker House Improvements within five (5) calendar years after the Effective Date. If Developer fails to perform by either (i) not obtaining a building permit for construction, or (ii) not commencing construction in accordance with the preceding sentence, then the Agreement and the Project Entitlements shall be of no further force or effect and City shall have no further obligations under this Agreement or to return any fees collected by City pursuant to this Agreement. For the avoidance of doubt, if Developer (i) obtains a building permit for construction of the Baker House Improvements within three (3) calendar years after the Effective Date, and (ii) commences construction on the Baker House Improvements within five (5) calendar years after the Effective Date, then this Section 6(B) shall no longer be in effect or otherwise enforceable.
Section 7. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), that failure of the parties to provide for the timing of development resulting in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right (without obligation), subject to the provisions of this Agreement, to complete the Project in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment.
Section 8. Assignment. In the event of a proposed transfer of interest in the Site or any portion thereof or in this Agreement by Developer to a transferee, Developer agrees to comply with the following conditions:
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(i) At least thirty (30) days prior to any such assignment, Developer shall provide the City with written notice thereof along with written evidence and documentation, of a form and substance reasonably satisfactory to the City, demonstrating the experience, capability, competence, and financial ability of the proposed assignee to carry out and complete the Development Plan and comply with the terms of this Agreement.
(ii) At least thirty (30) days prior to any such assignment, Developer shall also provide evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this Agreement. The assignment and assumption agreement shall be in a form reasonably satisfactory to the City Attorney. (iii) The City Manager shall have consented to the assignment of this Agreement, which consent will not be unreasonably withheld or conditioned.
Any assignment of this Agreement not made in strict compliance with the foregoing conditions shall constitute an event of default by the Developer pursuant to Section 18. Notwithstanding the foregoing, the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property.
Section 9. General Standards and Restrictions Pertaining to Development of the Site.
The following specific restrictions shall apply to the use of the Site pursuant to this Development Agreement:
A. Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement.
B. The type, density, intensity, configuration of uses allowed, size, and location of buildings and other improvements and provisions for the reservation or dedication of land for public purposes, location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement, including the Development Plan.
C. Public improvements including, but not limited to landscaping, irrigation, sidewalk, and traffic improvements, as set forth in the Development Plan, if any, shall be installed by the Developer.
Section 10. Effect of City Regulations on Development of Project. Except as expressly provided in this Agreement, all substantive and procedural requirements and provisions contained in City’s ordinances, specific plans, rules and regulations, including, but not limited to, the Rancho Cucamonga Municipal Code and Zoning Ordinance, in effect as of June 23, 2021, the date the City considered the Development Plan to be deemed complete, shall apply to the construction and development of the Project. The foregoing sentence does not apply to Conditional Use Permit DRC2022-0009, which covers the uses of the Project contemplated by this Agreement.
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A. The provisions of this Section 10 shall not preclude the application to the development of the Site those changes in City ordinances, regulations, plans, or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. In the event such changes in the law prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law.
B. The category of Development Impact Fees (“DIF”) applicable to the Project and attached as Exhibit “D” shall be those in effect as of the Agreement’s Effective Date; however the existing DIF and other development fees associated with the construction and development of the Project, including but not limited to land use approvals, development fees, building permits, etc., shall be pursuant to the rates as annually adjusted and in effect at the time application is made for such approvals or permits. Developer shall pay all such fees in accordance with the ordinances and regulations in effect at the time of payment, except that Developer shall pay the Affordable Housing Development Impact Fee (“AH DIF”) in accordance with the following schedule:
i. Thirty percent (30%) of the total AH DIF for the Project prior to or upon issuance of the first building permit for the Baker House; ii. Thirty percent (30%) of the total AH DIF for the Project prior to or upon satisfaction of the Developer obligations as set forth in Section 11(B) below; and iii. Forty percent (40%) prior to or upon issuance of the first building permit for Building 1, Building 2, or Building 3 of the Project.
C. City may only apply new ordinances, rules, regulations, plans, and specifications to the development of the Site after the Effective Date if such new rules and regulations are not inconsistent with the terms of this Agreement, and fall under one of the following categories:
i. Processing fees and charges imposed by the City to cover the estimated actual costs to City of processing applications for development approvals, provided that such fees and charges are uniformly imposed by the City at similar stages of project development on all similar applications;
ii. General or special taxes, including, but not limited to, property taxes, sales taxes, parcel taxes, transient occupancy taxes, business taxes, which may be applied to the Property or to businesses occupying the Property, provided that the tax is of general applicability City-wide and does not burden the Property disproportionately to other similar properties within the City; iii. Procedural regulations relating to hearing bodies, petitions, applications, notices, documentation of findings, records, manner in which hearings are conducted, reports, recommendations, initiation of appeals, and any other matters of procedure; provided such regulations are uniformly imposed by the City on all matters and do not result in any unreasonable decision-making delays; or
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iv. Ordinances, rules, regulations, plans, or specifications the Developer consents to in writing.
D. Nothing herein shall prevent the application of health and safety regulations (e.g., fire, building, and seismic, plumbing, and electric codes) that become applicable to the City as a whole.
Section 11. Developer’s Obligations. In consideration of the rights and benefits Developer is guaranteed under this Agreement, the Developer agrees to provide each and every one of the community benefits set forth in this Section 11.
A. Designation of City of Rancho Cucamonga as Point of Sale for Material Handling Equipment. The City of Rancho Cucamonga shall be designated as the point of sale for the Material Handling Equipment used in the Project’s operations. Developer shall include a requirement in all tenant leases that tenants shall designate the City of Rancho Cucamonga as the point of sale for the Material Handling Equipment used in the Project’s operations. City shall be a third-party beneficiary to all such terms included in tenant leases. City shall only be a third-party beneficiary with respect to such terms related to Material Handling Equipment and shall not have any ability to enforce other lease provisions. Provided that Developer complies with the preceding sentence in this Section 11(A), Developer shall not be in default of this Agreement if a tenant fails to cause City to be designated as a point of sale for the Material Handling Equipment used in that tenant’s operations. Except as set forth in this Section 11(A), City shall not have the ability to otherwise impact the viability or effectiveness of any tenant lease.
B. Baker House Improvements. Developer shall rehabilitate Baker House in compliance with the United States Secretary of the Interior Standards for the Treatment of Historic Properties, and shall construct a visitor parking area, landscaping and hardscape improvements (collectively, “Baker House Improvements”) in compliance with the approved Certificate of Appropriateness DRC2019-00854 and the site plan and specifications attached as Exhibit “C” to this Agreement (“Baker House Site Plan”). The Baker House Improvements shall be located on an approximately 0.99-acre portion of the Project site as generally depicted in the Baker House Site Plan (the “Baker House Site”). The Baker House Improvements shall be comprised of two components: (i) the shell building improvements consisting of renovating the existing Baker House structure (the “Baker House Shell Improvements”), and (ii) all improvements outside the existing Baker House structure (the “Baker House Site Improvements”). The total budget for the Baker House Shell Improvements and the Baker House Site Improvements is Two Million Five Hundred Thousand Dollars ($2,500,000) (the “Total Cost”). i. Following the Effective Date, Developer is to promptly prepare and submit to the City construction drawings in substantial conformance with the Baker House Site Plan (the “Baker House Construction Drawings”) for plan check. City shall not unreasonably delay acting on the Baker House Construction Drawings that are consistent with the Baker House Site Plan and all applicable building codes. Upon City’s approval of the Baker House Construction Drawings and confirmation that Baker House Construction Drawings are ready for permit issuance, such drawings shall be deemed the “Approved Baker House Construction Drawings.”
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ii. If prior to or during Developer’s construction of the Baker House Improvements pursuant to subsection iii below, a natural disaster or other natural forces (e.g. earthquake, fire, or flooding) renders construction of the Baker House Shell Improvements infeasible, then Developer may exercise one of the following options, as applicable:
a. If the Baker House is entirely destroyed due to the natural disaster, then Developer shall reconstruct a new, stick-frame structure or equivalent of less than or equal to the size of the Baker House, and provide a monument commemorating the historical significance of the Baker House in accordance with mitigation measure CUL-3 in the MMRP. In lieu of a new, stick frame structure, the City can authorize in writing an alternative means of compliance. b. In compliance with all related and applicable historic resource and environmental laws, the City can deem the Baker House uninhabitable and require it to be demolished if it is partially damaged or destroyed. Developer shall reconstruct a new, stick-frame structure or equivalent of less than or equal to the size of the Baker House, and provide a monument commemorating the historical significance of the Baker House in accordance with mitigation measure CUL-3 in the MMRP. In lieu of a new, stick frame structure, the City can authorize in writing an alternative means of compliance.
iii. In accordance with the EIR’s mitigation measures, Developer shall complete the Baker House Improvements in accordance with the Approved Baker House Construction Drawings and the terms specified in this Section 11(B). Developer shall select a general contractor who shall obtain competitive bids from at least three (3) licensed and insured subcontractors designated by Developer for each major trade component of the Baker House Improvements with a scope of work over twenty-five thousand dollars ($25,000.00) (“Major Trade Component”). Developer shall provide the City with copies of all of such Major Trade Component bids, and Developer shall adjust inconsistent or incorrect assumptions so that a like-kind comparison can be made. Developer shall select in good faith the applicable subcontractor for each Major Trade Component that provides the lowest qualified bid and who agrees to meet Developer's construction schedule for each of the applicable components of the Baker House Improvements.
a. If the total for all work to complete the Baker House Improvements is less than or equal to the Total Cost, then Developer shall complete all Baker House Improvements.
b. If the total for all work to complete the Baker House Shell Improvements is, on its own, equal to or greater than the Total Cost, then Developer shall complete the Baker House Shell Improvements and have no further obligation to complete the Baker House Site Improvements. For the avoidance of doubt, Developer shall be required to pay for any cost overage associated with the Baker House Shell Improvements, and, upon completion, City shall deem Developer’s obligations with respect to the Baker House complete regardless of the Site’s compliance with regulations from the Americans with Disabilities Act, parking requirements, or other development standards. Developer shall not be liable for any defects related to the Baker House Site Improvements.
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c. If the total for all work to complete the Baker House Shell Improvements is less than the Total Cost, but the combined price for all Baker House Improvements exceeds the Total Cost, then City shall either (i) reduce the proposed scope for the Baker House Site Improvements to result in a total bid price of less than or equal to the Total Cost for the Baker House Improvements, or (ii) direct Developer to contribute the difference between the Total Cost and the price for the Baker House Shell Improvements as a community benefit payment to be paid to City prior to the issuance of the first certificate of occupancy for the Project. iv. During construction of the Baker House Improvements, the City-appointed building inspectors shall not unreasonably delay construction or add new scopes of work beyond what is consistent with the approved Baker House Construction Drawings, excepting life safety items or items required by technical codes applicable to the construction of the Baker House Improvements.
v. Upon completion of the actions set forth in Sections (11)(B)(i)-(iv), Developer shall have no further obligations of any kind with respect to Baker House or the Baker House Improvements, and the City shall be solely responsible for any future improvements, programming, maintenance, or public use of the site. Developer shall also dedicate to the City by grant deed fee title to the Baker House Site upon completion of the actions set forth in Sections (11)(B)(i)-(iv).
vi. City shall not issue a Certificate of Occupancy for any building within the Project until Developer has completed the Baker House Improvements in accordance with the Approved Baker House Construction Drawings, and obtained City acceptance thereof.
Notwithstanding the foregoing, completion of the rehabilitation of Baker House and completion of the Baker House Improvements shall satisfy all but one hundred fifty thousand dollars ($150,000.00) of Developer’s public art requirements under Chapter 17.124 of the City Municipal Code and the Public Art in Lieu Fee, which may be satisfied either through the procurement of art or payment of an in-lieu fee.
C. Sidewalk, Trees, and Traffic Calming Improvements. Developer shall pay one million seventy thousand dollars ($1,070,000.00) as an in-lieu fee to City and contribution toward Sidewalks, Trees, and Traffic Calming improvements. The fee required pursuant to this Section 11(C) shall be due upon the issuance of the first building permit for the Project.
Developer’s contribution to the City for Sidewalks, Trees, and Traffic Calming improvements will satisfy any Condition of Approval, obligations/requirements in this Agreement, obligations/requirements in this Agreement, and any future obligations pertaining to Sidewalks, Trees, or Traffic Calming improvements.
D. Traffic Improvements. Developer shall construct and take other action related to traffic improvements as required by the Project Entitlements. Developer shall submit off-site plans to the satisfaction of the City Engineer for each of the improvements identified below, as applicable, consistent with the City’s standard off-site plan check review process required for issuance of an offsite encroachment permit(s).
i. Traffic improvements as required by the Project Entitlements shall be completed, to the satisfaction of the City Engineer, no later than by issuance of the Certificate of
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Occupancy of the Project’s first building. However in the event that Developer is unable to complete the improvements by issuance of Certificate of Occupancy despite best efforts, due to processing, required coordination with other projects, or other issues outside of Developer’s control, then Developer shall issue a bond for the remaining work and shall be obligated to complete the required improvements within one year of issuance of the Certificate of Occupancy for the Project’s first building.
ii. Developer shall construct the traffic improvements consistent with the demands outlined in the Project Entitlements.
iii. If Developer is unsuccessful in obtaining the necessary rights-of-way or easements to construct the required traffic or storm drain improvements as required by the Project Entitlements, including such improvements at the northwest and southwest corners of 9th Street and Vineyard Avenue, the City shall work in good faith to assist Developer’s effort to obtain the necessary right-of-way and easements, including by exercising the City’s eminent domain power where applicable pursuant to Government Code Section 66462.5; however, the Developer shall first attempt good faith negotiations to acquire the adjacent property needed for the right of way.
Further:
a. With regards to the right-of-way located at northwest corner of 8th Street & Baker Avenue, which the City owns, the City shall sell the approximately 86 square feet of required right-of-way by the Developer to permit Developer to construct the required improvements at the northwest corner of 8th Street & Baker Avenue for $5,000; and b. With regards to the right-of-way located at southeast corner of 8th Street & Baker Avenue, which is located within the City of Ontario (“Ontario”), the City will collaborate with Ontario to allow Developer to obtain the right-of-way. iv. Following completion of construction and approval by City, Developer shall dedicate these required traffic improvements and storm drain main to City. Developer’s provision of traffic improvements and storm drain main pursuant to this Section 11(D) will satisfy any Condition of Approval and any future obligations pertaining to these required traffic improvements and storm drain main.
E. Other City Fees. Developer is responsible for other applicable development fees, in accordance with Section 10(B), except that Developer shall be liable for one hundred fifty thousand dollars ($150,000.00) towards the public arts requirement, which may be satisfied by Developer as either through the procurement of art or payment of an in-lieu fee.
F. RC Fiber. Developer shall complete construction of the improvements intended to serve RC Fiber to the Project, as described in the Project Entitlements’ conditions of approval.
Further, Developer shall utilize, and shall cause all tenants of the Project to utilize, RC Fiber high- speed broadband (at a minimum of one (1) Gigabits (“Gbps”) per second service) for all fiber service within the Project’s buildings for a period of not less than 10 years from the date each lease commences. Developer shall cause all tenant leases to include such a requirement that they will use RC Fiber high-speed broadband (at a minimum of one (1) Gigabits (“Gbps”) per second service) for each tenant’s fiber service during such ten year period. Provided that Developer
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complies with the preceding three (3) sentences in this Section 11 (F), Developer shall not be in default of this Agreement if a tenant fails to obtain service from RC Fiber or does not carry out any obligations with RC Fiber. Except as set forth in this Section 11 (F), City shall not have the ability to otherwise impact the viability or effectiveness of any tenant lease. City shall be a third- party beneficiary to all such terms included in tenant leases.
Section 12. City’s Obligations. The City shall reasonably expedite review and processing of all plans and issuance of all permits associated with the Project.
Section 13. Annual Review. During the Term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. Developer shall file an annual report with the City indicating information regarding compliance with the terms of this Development Agreement by January 2 of each year following the Effective Date of this Agreement. Annual reports shall include all information necessary for the City to assess Developer’s compliance with the terms and provisions of this Agreement. Developer shall have the right to cause the annual report to be filed by any lessee then occupying the Site provided, however, that Developer shall remain primarily responsible for such filing.
Section 14. Indemnification and Legal Challenge. To the maximum extent permitted by law, Developer agrees to, and shall, defend, indemnify and hold City and its elected officials, officers, contractors serving as City officials, agents, and employees (“Indemnitees”) harmless from liability for damage and/or claims for damage for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of Developer’s activities in connection with the construction of the Project or operation of the permitted use, and which may arise from the direct or indirect operations of Developer or those of Developer’s contractors, agents, tenants, employees or any other persons acting on Developer’s behalf, which relate to the construction of the Project or operation of the permitted use. This indemnity provision applies to all damages and claims for damage, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, any of the entitlement documents pertaining to the Project including, without limitation, the Conditional Use Permit, Design Review, Tentative Parcel Map, Certificate of Appropriateness, EIR, or any other supporting document relating to the Project, the Developer shall indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. The City shall have the right to select counsel of its choice. The parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, the Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and the City shall not be liable for any loss suffered as a result thereof.
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Section 15. 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 § 65868, et seq., or successor provisions thereto.
Section 16. Minor Amendments to Development Plan. Upon the written application of Developer, minor modifications and changes to the Development Plan, including modifications to the building design or footprint affecting setbacks, parking layout and design, and landscape design may be approved by the Planning Director (“Director”). Substantial changes in the Development Plan, as determined by the Director, shall be processed through the process required by law to amend or modify the Development Plan. Upon the approval of such changes to the Development Plan, Developer and City shall amend this Agreement to memorialize and acknowledge the revised Development Plan.
Section 17. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is served on Developer, 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 said 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.
Section 18. 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 made or furnished by Developer to City set forth herein or in any document incorporated by reference herein is false or proved to have been false in any material respect when it was made; B. If a finding and determination is made by City following an annual review pursuant to Section 13 hereinabove, upon the basis of substantial evidence, that Developer has not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in Section 17 hereinabove; or C. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in Section 17 hereinabove.
Section 19. No Waiver of Remedies. City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. Subject to the provisions of Section 20, all other remedies at law or in equity which are not otherwise provided for in this Agreement are available to each party to pursue
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in the event that there is a breach of this Development Agreement by the other party (subject to applicable notice and cure periods). No waiver by City or Developer of any breach or default under this Development Agreement by the other party shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
Section 20. City Not Liable For Damages. It is acknowledged by the parties that the City would not have entered into this Agreement if it could be held liable in monetary damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorney’s fees in accordance with this Agreement, the Developer covenants on behalf of itself and its successors in interest not to sue for or claim any monetary damages for any breach of this Agreement. Notwithstanding any terms to the contrary herein, Developer may institute an action for specific performance or other legal or equitable relief to cure, correct or remedy any default, to enforce any covenants or agreements herein, or to obtain any other remedies consistent with the purpose and terms of this Agreement.
Section 21. 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 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, or cure any default of Developer under this Agreement within the time limits set forth in Section 17, and any such act or thing done or performed by Lender or cure shall be as effective as if done by Developer; 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 “a 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.
Should any Lender require or request an amendment of this Agreement in respect of the rights and remedies granted to a Lender, City hereby agrees to execute and deliver such an amendment so long as the proposed amendment does not materially and adversely affect the rights, powers, and remedies of the City in respect of a default by Developer hereunder.
Section 22. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) simultaneously with such notice of default City gives to Developer and afford Lender the opportunity after receipt of service of the notice to:
A. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money;
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B. Cure the breach or default within thirty (30) 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 thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender.
Section 23. 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. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless:
A. They are commenced within thirty (30) days after service on Developer (and on Lender if Lender’s address is provided to the City) of the notice described hereinabove; B. They are, after having been commenced, diligently pursued in the manner required by law to completion; and
C. Lender keeps and performs all of the terms, covenants, and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction, or payment.
Section 24. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto.
To Developer: CP Logistics Vineyard LLC
2442 Dupont Drive
Irvine, CA 92612
Attention: Jacob R. LeBlanc
CDP Development, Inc.
2442 Dupont Drive
Irvine, CA 92612
Attention: Chase Metkovich
To City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, California 91730
Attention: Planning Director
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Section 25. Attorneys’ Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees and experts’ fees incurred during the proceeding (including appeals) as may be fixed within the discretion of the court.
Section 26. 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.
Section 27. Applicable Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Venue for any action or litigation brought for breach or to enforce any provision of this Agreement shall be the Superior Court of the County of San Bernardino, California.
Section 28. 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.
Section 29. Recordation. Developer shall record this Agreement in the Official Records of the County Recorder of the County of San Bernardino at Developer’s sole expense within ten (10) business days following the Effective Date. Upon the expiration of the terms of this Agreement and the request of the Developer, the City will execute and deliver, in recordable form, an instrument confirming that this Agreement is terminated and of no further force or effect.
Section 30. Force Majeure. In the event that either party hereto shall be delayed or hindered or prevented from performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, terrorism, war or other reason of similar nature not the fault of the party delayed in performing the work or doing the acts required under the terms of this Agreement, then the performance of such act shall be excused for the period of the delay caused by the foregoing. Financial inability shall not be deemed an excuse for delay under this Section 30.
Section 31. Integrated Agreement. This Development Agreement consists of this Agreement together with all Exhibits attached hereto, and all of the same are hereby incorporated by reference.
The provisions of this Agreement shall govern over any inconsistent or conflicting provisions set forth in the Exhibits. No representation or promise, verbal or written, not expressly set forth herein shall be binding or have any force or effect.
Section 32. Time of Essence. Time is of the essence in every provision hereof in which time is a factor.
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IN WITNESS WHEREOF, this Agreement has been executed by the parties and shall be effective on the Effective Date set forth hereinabove.
CITY:
CITY OF RANCHO CUCAMONGA,
a Municipal Corporation
Dated:
By:
L. Dennis Michael
Mayor
ATTEST:
Kim Sevy
City Clerk
Approved as to form:
Nicholas R. Ghirelli
City Attorney
[Signatures continue on following page]
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DEVELOPER:
CP LOGISTICS VINEYARD LLC,
a Delaware limited liability company
By: CP LOGISTICS PLATFORM, LLC,
a Delaware limited liability company,
its Sole Member
By: PANATTONI CLP, LLC,
a Delaware limited liability company,
its Administrator
By: PANATTONI CLP OPERATOR, LLC,
a Delaware limited liability company,
its Manager
By: _________________________________
William Bullen,
Vice President
CP LOGISTICS VINEYARD LLC,
a Delaware limited liability company
By: CP LOGISTICS PLATFORM, LLC,
a Delaware limited liability company,
its Sole Member
By: PANATTONI CLP, LLC,
a Delaware limited liability company,
its Administrator
By: PANATTONI CLP OPERATOR, LLC,
a Delaware limited liability company,
its Manager
By: _________________________________
Chase Metkovich,
Vice President
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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 Colorado )
County of Denver )
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 Colorado that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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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 Orange )
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)
11231-0267\3136111v15.doc
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)
1 10.9.19
9th & Vineyard
Legal Description
That certain real property located in the City of Rancho Cucamonga, County of San Bernardino, State of California, and is described as follows:
PARCEL 1:
ALL THAT PORTION OF LOT 31 LYING NORTH OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, SECTION 9, 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 PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY.
EXCEPTING THEREFROM THE WEST 200 FEET OF THE NORTH 160 FEET THEREOF.
APN: 0207-271-25
PARCEL 2:
THE WEST ONE-HALF OF LOT 25, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO
BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE CITY OF RANCHO
CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4 OF MAPS, PAGE 9, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THAT PORTION OF SAID LOT 25, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25 ON THE SOUTH LINE OF 9TH STREET, 60 FEET WIDE AS SHOWN ON SAID MAP; THENCE SOUTH 305 FEET; THENCE EAST 108 FEET; THENCE NORTH 125 FEET; THENCE EAST 123 FEET; THENCE NORTH 180 FEET TO THE SOUTH LINE OF SAID 9TH STREET; THENCE WEST ALONG THE SOUTH LINE OF 9TH STREET TO THE POINT OF BEGINNING.
ALSO EXCEPT THE INTEREST IN THE NORTH 33 FEET OF SAID LOT 25 AS CONVEYED TO THE COUNTY OF SAN BERNARDINO FOR HIGHWAY PURPOSES BY DEED RECORDED OCTOBER 24, 1958, IN BOOK 4638 PAGE 277, OFFICIAL RECORDS, AND BY DEED RECORDED APRIL 9, 1932, IN BOOK 809 PAGE 195, OF OFFICIAL RECORDS.
APN: 0207-271-27
PARCEL 3:
PARCEL NO. 3 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 672 FOR LOT LINE ADJUSTMENT AS EVIDENCED BY DOCUMENT RECORDED JUNE 30, 2009 AS INSTRUMENT NO. 2009-0285832 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF THE EAST HALF OF LOT 25, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF CUCAMONGA LANDS AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, LYING WEST OF THAT CERTAIN EASEMENT 2 10.9.19
C
ONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED DATED NOVEMBER 23, 1943, AND RECORDED DECEMBER 2, 1943, IN BOOK 1642, PAGE 319, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE NORTH 30.00 FEET OF THE PROPERTY HEREIN DESCRIBED, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO FOR HIGHWAY PURPOSES, BY DEED RECORDED APRIL 9, 1932, IN BOOK 809, PAGE 195, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED FEBRUARY 28, 1979, IN BOOK 9632, PAGE 663, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF SAID LOT 25 WITH THE NORTH LINE OF SAID LOT; THENCE SOUTH 89° 45' 40" EAST 55.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 13' 15" WEST 222.33 FEET; THENCE SOUTH 17° 39' 31" EAST 123.77 FEET; THENCE SOUTH 00° 13' 15" WEST 43.18 FEET; THENCE SOUTH 89° 46' 45" EAST 371.43 FEET TO THE WESTERLY LINE OF THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED DATED NOVEMBER 23, 1943, AND RECORDED DECEMBER 2, 1943, IN BOOK 1642, PAGE 319, OF OFFICIAL RECORDS.
APN: 0207-271-94
PARCEL 4:
LOT 1 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 700 FOR LOT MERGER, AS EVIDENCED BY DOCUMENT RECORDED JULY 15, 2015 AS INSTRUMENT NO. 2015-0300680 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT LAND IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESCRIBED IN GRANT DEED RECORDED MAY 19, 1998 AS DOCUMENT NO. 1998- 0190862 OF OFFICIAL RECORDS OF SAID COUNTY TOGETHER WITH THAT LAND IN SAID CITY, COUNTY AND STATE DESCRIBED IN GRANT DEED RECORDED MAY 19, 1998 AS DOCUMENT NO. 1998-0190863 OF SAID OFFICIAL RECORDS DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LAND DESCRIBED IN GRANT DEED RECORDED MAY 19, 1998 AS DOCUMENT NO. 1998-0190862, ON THE SOUTH LINE OF NINTH STREET, 30.00 FEET IN HALF WIDTH, THENCE SOUTH 305 FEET; THENCE EAST 108 FEET; THENCE NORTH 125 FEET; THENCE EAST 123 FEET; THENCE NORTH 180 FEET TO SAID SOUTH LINE OF NINTH STREET; THENCE WEST 231 FEET TO THE POINT OF BEGINNING.
APN: 0207-271-97
PARCEL 5:
PARCEL 5A:
THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 150 FEET OF THAT PORTION OF LOT 31, LYING NORTH OF THE RIGHT OF WAY OF THE SOUTHERN CALIFORNIA RAILROAD COMPANY, 3 10.9.19
S
ECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF CUCAMONGA LANDS, AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY.
APN: 0207-271-39
PARCEL 5B:
THE WEST 200 FEET OF THE NORTH 160 FEET OF LOT 31, SECTION 9 TOWNSHIP 1 SOUTH, RANGE 7 WEST, ACCORDING TO MAP OF CUCAMONGA LANDS, IN THE 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 THEREFROM THE WEST 150 FEET, OF THE SOUTH 60 FEET.
APN: 0207-271-40
PARCEL 6:
PARCEL 11 OF PARCEL MAP NO. 16141, IN THE CITY OF RANCHO CUCAMONGA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 215 OF PARCEL MAPS, PAGES 85 THROUGH 87 RECORDS OF SAID COUNTY.
APN: 0207-271-89
PARCEL 7:
PARCEL NO. 2 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 672 FOR LOT LINE ADJUSTMENT AS EVIDENCED BY DOCUMENT RECORDED JUNE 30, 2009 AS INSTRUMENT NO. 2009-0285832 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 32, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF CUCAMONGA LANDS AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9, RECORDS OF SAID COUNTY, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 32 AND THE WEST LINE OF THE EAST HALF OF LOT 32; THENCE SOUTH 00° 13’ 15" WEST 102.56 FEET; THENCE SOUTH 89° 46’ 45" EAST 433.83 FEET; THENCE SOUTH 00° 13’ 15" WEST 8.30 FEET; THENCE SOUTH 89° 46’ 45" EAST 213.03 FEET TO THE EAST LINE OF SAID LOT 32.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF RANCHO CUCAMONGA, BY DEED RECORDED JANUARY 19, 1987, AS INSTRUMENT NO. 87-016234, OF OFFICIAL RECORDS.
TOGETHER WITH THAT PORTION OF THE EAST HALF OF LOT 25, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF CUCAMONGA LANDS AS PER PLAT RECORDED IN BOOK 4 OF 4 10.9.19
M
APS, PAGE 9, RECORDS OF SAID COUNTY, LYING WEST OF THAT CERTAIN EASEMENT CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED DATED NOVEMBER 23, 1943, AND RECORDED DECEMBER 2, 1943, IN BOOK 1642, PAGE 319, OF OFFICIAL RECORDS.
EXCEPTING THEREFROM THE NORTH 30.00 FEET OF THE PROPERTY HEREIN DESCRIBED, AS CONVEYED TO THE COUNTY OF SAN BERNARDINO FOR HIGHWAY PURPOSES, BY DEED RECORDED APRIL 9, 1932, IN BOOK 809, PAGE195, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT, BY DEED RECORDED FEBRUARY 28, 1979, IN BOOK 9632, PAGE 663, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE EAST HALF OF SAID LOT 25 WITH THE NORTH LINE OF SAID LOT; THENCE SOUTH 89° 45’ 40" EAST 55.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 13’ 15" WEST 222.33 FEET; THENCE SOUTH 17° 39’ 31" EAST 123.77 FEET; THENCE SOUTH 00° 13’ 15" WEST 43.18 FEET; THENCE SOUTH 89° 46’ 45" EAST 371.43 FEET TO THE WESTERLY LINE OF THAT PORTION CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED DATED NOVEMBER 23, 1943, AND RECORDED DECEMBER 02, 1943, IN BOOK 1642, PAGE 319, OF OFFICIAL RECORDS.
APN: 0207-271-96
PARCEL 8:
PARCEL NO. 1 AS SHOWN ON CERTIFICATE OF COMPLIANCE NO. 672 FOR LOT LINE ADJUSTMENT AS EVIDENCED BY DOCUMENT RECORDED JUNE 30, 2009 AS INSTRUMENT NO. 2009-0285832 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF LOT 32, SECTION 9, TOWNSHIP 1 SOUTH, RANGE 7 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO MAP OF CUCAMONGA LANDS AS PER PLAT RECORDED IN BOOK 4 OF MAPS, PAGE 9,
RECORDS OF SAID COUNTY, LYING NORTHERLY OF THE NORTH LINE OF THE ACHISON, TOPEKA AND SANTA FE RAILROAD RIGHT OF WAY (100 FEET WIDE).
EXCEPTING THEREFROM, THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF LOT 32 AND THE WEST LINE OF THE EAST HALF OF LOT 32; THENCE SOUTH 00° 13' 15" WEST 102.56 FEET; THENCE SOUTH 89° 46' 45" EAST 433.83 FEET; THENCE SOUTH 00° 13' 15" WEST 8.30 FEET; THENCE SOUTH 89° 46' 45" EAST 213.03 FEET TO THE EAST LINE OF SAID LOT 32.
APN: 0207-271-93
Exhibit A-2
Exhibit - B
Baker Avenue Community Center - Conceptual Design Package 8803 Baker Avenue, Rancho Cucamonga 91730
Date: 12/05/2024
2 SHIPPING CONTAINER VILLAGE - SITE PLAN UPDATE
PARKING SPACES - 14 TOTAL
12 STD SPACES
2 ACCESSIBLE SPACES
COVERED OUTDOOR
EVENT SPACE
2000 SF
PLAYGROUND
OPEN SPACEKITCHEN
160 SF
RESTROOMS
160 SF
MURAL
MURAL
OFFICE
80 SF
STORAGE
80 SF
TRASH
ENCLOSURE
GREAT ROOM
1068 SF
DROP-OFF
(ACCESSBLE)
PARK MEADOW
COVERED WALKWAY
NORTH
PORCH
HISTORIC
ENTRY
ACCESSIBLE
RAMP
NEW WAREHOUSE BUILDING
BAKER AVE
FIRELANE
0’ 32’ 64’ 128’
CMU SCREEN WALL
CMU SCREEN WALL
CMU SCREEN WALL
MURAL
MURAL
PROJECT BOUNDARY
PROJECT BOUNDARY
PROJECT BOUNDARY
PROJECT BOUNDARY
Exhibit C
11231-0267\3136111v15.doc
EXHIBIT D
DEVELOPMENT IMPACT FEES
Fees shall include and be limited to the following:
City-Wide Systems Fees for Transportation Development – South Zone (Rancho Cucamonga Municipal Code Chapter 3.28)
Police Impact Fee (Rancho Cucamonga Municipal Code Chapter 3.64) Fire Impact Fee (Rancho Cucamonga Municipal Code Chapter 3.80) Affordable Housing Development Impact Fee (Rancho Cucamonga Municipal Code Chapter
3.76)