SUBDIVISION IMPROVEMENT AGREEMENT
by and between
CITY OF RIALTO
and
RICHMOND AMERICAN HOMES OF MARYLAND, INC.,
a Maryland corporation
Revised 1/7/2022
SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF RIALTO
AND
RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation Agreement Date:
Subdivider Name: RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation (hereinafter "Subdivider") Subdivision Name: Seasons at Acacia (hereinafter "Subdivision") Tract No.: 20237 (No. of Lots: 52
Tentative: 2019-0004 Map No.: 20237 (hereinafter "Approved Tentative Map") (Approval Date: June 23, 2020 )
Improvement Plans Approved On: (hereinafter "Plans")
Estimated Total Cost of Improvements: $ 208,342.30 $1,354,200 (Including Public Street Improvements, Street Lights, Signing and Striping, and Parkway Landscape and Irrigation) Estimated Total Cost of Monumentation: $ 8,800.00 (Based upon the Plans, including Individual lots, subdivision boundary and public improvements) Security:
Bond Nos.: 39K000229
Surety: The Ohio Casualty Insurance Company
-OR-
Irrevocable Standby Letter of Credit No.:
Financial Institution:
-OR-
Cash/Certificate of Deposit, Agreement Dated:
Financial Institution:
Designees for the Service of Written Notice:
CITY: SUBDIVIDER:
City Engineer Name: RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation City of Rialto Address: 5171 California Ave, #120
150 S. Palm Avenue Irvine, CA 92617
Rialto, CA 92376 Phone: 949-467-2670
Phone: (909) 820-2602
CITY PROJECT INSPECTOR: SURETY:
City of Rialto Name: The Ohio Casualty Insurance Company Public Works Department Address: 175 Berkeley Street
335 W. Rialto Avenue Boston, MA 02116
Rialto, CA 92376 Phone: 617-357-9500
Phone: (909) 421-7294
TABLE OF CONTENTS
Construction Obligations.. .....1
1.1 Works of Improvement 1
1.2 Other Obligations Referenced in Conditions of Tentative Map Approval
1.3 Intent of Plans.
1.4 Survey Monuments
1.5 Performance of Work
1.6 Changes in the Work
1.7 Defective Work
1.8 No Warranty by City
1.9 Authority of the City Engineer
1.10 Documents Available at the Site
1.11 Inspection...
1.12 Compliance with Law..
1.13 Suspension of Work.
1.14 Erosion and Dust Control and Environmental Mitigation
1.15 Final Acceptance of Works of Improvement..
1.16 Vesting of Ownership 5
1.17 Subdivider's Obligation to Warn Public During Construction 5
1.18 Injury to Public Improvements, Public Property or Public Utility .5
2. Time for Performance 5
2.1 Commencement and Completion Dates 5
2.2 Phasing Requirements.
2.3 Force Majeure.... 6
2.4 Continuous Work
2.5 Reversion to Acreage 6
Labor 7
3.1 Labor Standards
3.2 Nondiscrimination
3.3 Licensed Contractors
3.4 Workers' Compensation.....
4. Security 7
4.1 Required Security
4.2 Form of Security Instruments..
4.3 Subdivider's Liability
4.4 Letters of Credit..
4.5 Release of Security Instruments
TABLE OF CONTENTS
5. Cost of Construction and Provision of Inspection Service. 11 Subdivider Responsible for All Related Costs of Construction. 11 Payment to City for Cost of Related Inspection and Engineering Services 11
6. Acceptance of Offers of Dedication 11
7. Warranty of Work.. 11
8. Default... .11
8.1 Default by Subdvider. 11
8.2 Remedies.
12 8.3 'Notice of Violation 12
8.4 Remedies Not Exclusive 1 2
8.5 Attorney's Fees and Costs...
8.6 Waiver. 13
9. Indemnity/Hold Harmless..
13 10. Subdivider's Indemnity of Project Approval ..14
11. Insurance Requirements 14
12. Environmental Warranty ..16
13. General Provisions 17
13.1 Successors and Assigns. 17
13.2 No Third Party Beneficiaries.
1 8
13.3 No Vesting Rights 18
13.4 Subdivider is Not Agent of City...
13.5 Time of the Essence
.18
13.6 Notices .18
13.7 No Apportionment
.18
13.8 Severability 18
13.9 Captions.
18 13.10 Incorporation of Recitals ...19
13.11 Interpretation.. 1
13.12 Entire Agreement; Waivers and Amendments . 19
13.13 Counterparts .19
14. Authority ..19
IV
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is entered into this day of , 20 _ by and between the CITY OF RIALTO,
a municipal corporation, organized and existing in the County of San Bernardino, under and by virtue of the laws of the State of California, ("CITY"), and_RICHMOND AMERICAN HOMS OF MARYLAN, INC. , a Maryland corporation (Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision map identified as Tentative (Tract/Parcel) Map No. 20237 - (the "Map"), located in the City of Rialto, County of San Bernardino, State of California (the "Property"), as described on Exhibit "A. The Map requires Subdivider to comply with certain conditions of approval for the development of the Property (the "Conditions") as described on Exhibit "B".
Pursuant to the Conditions, Subdivider, by the Map, has offered for dedication to City for public use of the streets and easements shown on the Map. City desires to accept the streets and easements shown on the Map for public use, and certain other improvements described in this Agreement.
Subdivider has delivered to City, and City has approved, plans and specifications and related documents for certain "Works of Improvement" (as hereinafter defined) which are required to be constructed and installed in order to accommodate the development of the Property.
D. Subdivider's agreement to construct and install the Works of Improvement pursuant to this Agreement and its offer of dedication of the streets, easements and other improvements and facilities, as shown on the Map, are a material consideration to City in approving (Final/Parcel) Map No. 20237 - for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference and in consideration of City's approving the Map for the Property and permitting development of the Property to proceed, Subdivider agrees to timely perform all of its obligations as set forth herein.
1. Construction Obligations.
1.1. Works of Improvement. Subdivider agrees, at its sole cost and expense, to construct or install, or cause to be constructed or installed the street, drainage, domestic water, sanitary sewer, street lighting, landscaping, utility, and other improvements the "Works of Improvement"), as the same may be supplemented and revised from time to time as set forth in this Agreement (said plans and specifications, together with all related documents, the "Plans"). The estimated construction cost for the Works of Improvement is $ 208,342.30 $1,354,200
Subdivision Improvement Agreement Page 1 of 22 Revised 1/7/2022
1.2. Other Obligations Referenced in Conditions of Tentative Map Approval. addition to the foregoing, Subdivider shall satisfy all of the Conditions on the Map for the Property. The Conditions associated with the Map are included as Exhibit "B" attached hereto.
1.3. Intent of Plans. The intent of the Plans referenced in Section 1.1 is to prescribe a complete work of improvement which Subdivider shall perform or cause to be performed in a manner acceptable to the City Engineer, (or designee), and in full compliance with all codes and the terms of this Agreement. Subdivider shall complete a functional or operable improvement or facility, even though the Plans may not specifically call out all items of work required for Subdivider's contractor to complete its tasks, incidental appurtenances, materials, and the like. If any omissions are made or information necessary to carry out the full intent and meaning of the Plans, Subdivider or its contractor shall immediately notify its design engineer who will seek approval of the City Engineer for furnishing of detailed instructions. In the event of any doubt or question arising regarding the true meaning of any of the Plans, reference shall be made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized alterations affecting the requirements and information given on the Plans shall be in writing and approved by the City Engineer. The Plans shall be supplemented by such working or shop drawings as are necessary to adequately control the work. Without the City Engineer's prior written approval, no change shall be made by Subdivider or its contractor to any plan, specification, or working or shop drawing after it has been stamped as approved.
1.4. Survey Monuments. Before final approval of street improvements, Subdivider shall place survey monuments as shown on (Final/Parcel) Map No. 20237 in accordance with the provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City of Rialto. Subdivider shall provide security for such obligation as provided in Section 4.1(a)(iii) and, after setting the monuments, Subdivider shall furnish the City Engineer written notice of the setting of said monuments and written proof of having paid the engineer or surveyor for the setting of said monuments.
1.5. Performance of Work. Subdivider shall furnish or cause to be furnished all materials, labor, tools, equipment, utilities, transportation, and incidentals required to perform Subdivider's obligations under this Agreement.
1.6. Changes in the Work. The City Engineer, without invalidating this Agreement and without notification to any of the sureties or financial institutions referenced in Paragraph 4, may order extra work or may make changes by altering or deleting any portion of the Works of Improvement as specified herein or as deemed necessary or desirable by the City Engineer as determined necessary to accomplish the purposes of this Agreement and to protect the public health, safety, or welfare. The City Engineer shall notify Subdivider or its contractor in writing (by Correction Notice) at the time a determination has been made to require changes in the work. No field changes performed or proposed by Subdivider, or its contractor shall be binding on City unless approved in writing by the Subdivision Improvement Agreement Page 2 of 22 Revised 1/7/2022 City Engineer. The City and Subdivider may mutually agree upon changes to the Works of Improvement, subject to the security requirements in Section 4.
1.7. Defective Work. Subdivider shall cause its contractor to repair, reconstruct, replace, or otherwise make acceptable any work found by the City Engineer to be defective.
1.8. No Warranty by City. The Plans for the Works of Improvement have been prepared by or on behalf of Subdivider or its consultants or contractors, and City makes no representation or warranty, express or implied, to Subdivider or to any other person regarding the adequacy of the Plans or related documents.
1.9. Authority of the City Engineer. In addition to the authority granted to the City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to decide all questions which may arise as to the quality and acceptability of materials furnished and work performed, and all questions as to the satisfactory and acceptable fulfillment of the terms of this Agreement by Subdivider and its contractor.
1.10. Documents Available at the Site. Subdivider shall cause its contractor to keep a copy of all approved Plans at the job site and shall give access thereto to the City's inspectors and engineers at all times.
1.11. Inspection. Subdivider shall have an authorized representative on the job site at all times during which work is being done who has full authority to act for Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works of Improvement.
Subdivider shall cause its contractor to furnish the City with every reasonable facility for ascertaining whether or not the Works of Improvement as performed are in accordance inspector requests it, the Subdivider's contractor, at any time before acceptance of the Works of Improvement, shall remove or uncover such portions of the finished work as may be directed which have not previously been inspected. After examination, the Subdivider's contractor shall restore said portions of the work to the standards required hereunder. Inspection or supervision by the City Engineer (or designee) shall not be considered as direct control of the individual workmen on the job site. City's inspectors shall have the authority to stop any and all work not in accordance with the requirements contained or referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or its contractor of any obligations to fulfill this Agreement as herein provided, and unsuitable materials or work may be rejected notwithstanding that such materials or work may have been previously overlooked or accepted.
1.12. Compliance With Law: Applicable Standards for Improvements. In addition to the express provisions of this Agreement and the Plans, Subdivider shall cause construction of the Works of Improvement to be completed in accordance with all other applicable federal, state, and local laws, ordinances, rules and regulations. In addition, without limiting the foregoing, the Subdivider shall, at its expense, obtain and comply with the Subdivision Improvement Agreement Page 3 of 22 Revised 1/7/2022 conditions of all necessary permits and licenses for the construction of the Works of Improvement. The Subdivider shall also give all necessary notices and pay all fees and taxes as required by law.
Subdivider shall construct the improvements in accordance with the City standards in effect at the time of the adoption of the Approved Tentative Map. City reserves the right to protect the public safety or welfare or comply with applicable Federal or State law or City zoning ordinances.
1.13. Suspension of Work. The City Engineer shall have authority to order suspension of the work for failure of the Subdivider's contractor to comply with law pursuant to Section
1.12. In case of suspension of work for any cause whatsoever, Subdivider and its contractor shall be responsible for all materials and shall store them properly if necessary and shall provide suitable interim drainage and/or dust control measures, and erect temporary structures where necessary.
1.14. Erosion and Dust Control and Environmental Mitigation. All grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The City Engineer shall have the authority to require erosion plans to prescribe reasonable controls on the method, manner, and time of grading, landscaping, and construction activities to prevent nuisances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other construction traffic routes, noise abatement procedures, storage of materials and equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and similar matters.
1.15. Final Acceptance of Works of Improvement. After Subdivider's contractor has completed all of the Works of Improvement, Subdivider shall then request a final inspection of the work. If items are found by the City's inspectors to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City will inform the Subdivider or its contractor of such items. After the Subdivider's contractor has completed these items, the procedure shall then be the same as specified above for the Subdivider's contractor's initial request for final inspection. If items are found by City's inspectors to be incomplete or not in compliance after two (2) "final" inspections, the City may require the Subdivider or its contractor, as a condition to performing further field inspections, to submit in writing a detailed statement of the work performed subsequent to the date of the previous inspection which was found to be incomplete or not in compliance at that time. Subdivider shall be responsible for payment to City Engineer of re-inspection fees in the amount necessary to cover the City's costs for additional final inspections, as determined by the City Engineer.
No inspection or acceptance pertaining to specific parts of the Works of Improvement shall be construed as final acceptance of any part until the overall final acceptance by the City Engineer is made. The City Engineer shall make a certification of completion and acceptance on the Works of Improvement by recordation of a Notice of Acceptance on behalf of the City. Final acceptance shall not constitute a waiver by the City Engineer of defective work subsequently discovered.
Subdivision Improvement Agreement Page 4 of 22 Revised 1/7/2022 The date on which the Works of Improvement will be considered as complete shall be the date of the Notice of Acceptance.
1.16. Vesting of Ownership. Upon recordation of the Notice of Acceptance, ownership of the Works of Improvement shall vest in the City.
1.17. Subdivider's Obligation to Warn Public During Construction. Until recordation of the Notice of Acceptance, Subdivider shall give good and adequate warning to the public of any dangerous condition of the Works of Improvements and shall take reasonable actions to protect the public from such dangerous condition. Until recordation of the Notice of Acceptance, Subdivider shall provide forty-eight (48) hours' advance written notice to all neighboring property owners and tenants affected by Subdivider's operations or construction of the hours, dates and duration of any planned construction activities.
1.18. Injury to Public Improvements. Public Property or Public Utility. Until recordation of the Notice of Acceptance of the Works of Improvement, Subdivider assumes responsibility for the care and maintenance of, and any damage to, the Works of Improvements. Subdivider shall replace or repair all Works of Improvements, public property, public utility facilities, and surveying or subdivision monuments and benchmarks which are destroyed or damaged for any reason, regardless of whether resulting from the acts of the Subdivider, prior to the recordation of the Notice of Acceptance. Subdivider shall bear the entire cost of such replacement or repairs regardless of what entity owns the underlying property. Any repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer.
Neither the City, nor any officer or employee thereof, shall be liable or responsible for any accident, loss or damage, regardless of cause, occurring to the work or Works of Improvements prior to recordation of the Notice of Acceptance of the work or improvements.
2. Time for Performance.
2.1. Commencement and Completion Dates. Subject to Sections 2.2 and 2.3 below, Subdivider shall (i) commence with construction and installation of the Works of Improvement thirty (30) days following City's approval of the Plans ("Commencement Date"); and (i) complete or cause to be completed all of the Works of Improvement two (2) years after the Commencement Date. In the event good cause exists as determined by the City Engineer, the time for commencement of construction or completion of the Works of Improvement hereunder may be extended for a period or periods not exceeding two (2) years. Extensions shall be executed in writing by the City Engineer. The City Engineer in his or her sole discretion determines whether or not the Subdivider has established good cause for an extension. As a condition of such extension, the City Engineer may require Subdivider to furnish new security guaranteeing performance of this Agreement, as extended, in an increased amount to compensate for any increase in construction costs as determined by the City Engineer. If Subdivider requests and is granted an extension of time for completion of the improvements, City may apply the standards in effect at the time of the extension.
Subdivision Improvement Agreement Page 5 of 22 Revised 1/7/2022
2.2. Phasing Requirements. Notwithstanding the provisions of Section 2.1, the City reserves the right to control and regulate the phasing of completion of specific Works of Improvement as required to comply with applicable City ordinances, regulations, and rules relating to the timely provision of public services and facilities. In addition to whatever other remedies the City may have for Subdivider's failure to satisfy such phasing requirements, as the same now exist or may be amended from time to time, Subdivider acknowledges City's right to withhold the issuance of further building permits on the Property until such phasing requirements are satisfied. Prior to issuance of building permits, Subdivider shall provide satisfactory evidence that all applicable requirements that are a condition to issuance of building permits have been satisfied. Such requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the Subdivider by the City, if, upon a determination by the City Engineer, completion of specific Works of Improvements or other requirements associated with the development of the Property have not been completed to the City Engineer's satisfaction.
2.3. Force Majeure. Notwithstanding the provisions of Section 2.1, Subdivider's time for commencement and completion of the Works of Improvement shall be extended for the period of any enforced delay caused due to circumstances beyond the control and without the fault of Subdivider, including to the extent applicable adverse weather conditions, flood, earthquakes, strikes, lockouts, acts or failures to act of a public agency (including City), required changes to the scope of work required by City, and similar causes; provided, however, that the period of any enforced delay hereunder shall not include any period longer than five (5) days prior to City's receipt of a written notice from Subdivider or its contractor detailing the grounds for Subdivider's claim to a right to extend its time for performance hereunder. The City Engineer shall evaluate all claims to Force Majeure and the City Engineer's decision shall be final.
2.4. Continuous Work. After commencement of construction of the Works of Improvement (or separate portion thereof), Subdivider shall cause such work to be diligently pursued to completion and shall not abandon the work for a consecutive period or more than thirty (30) days, events of Force Majeure excepted.
2.5. Reversion to Acreage. In addition to whatever other rights City may have due to Subdivider's failure to timely perform its obligations hereunder, Subdivider recognizes that City reserves the right to revert the Property to acreage subject to the limitations and requirements set forth in California Government Code Section 66499.11 through Section 66499.20.1. In this regard, Subdivider agrees that if the Works of Improvement have not been completed on or before the later of two (2) years from the date of this Agreement or within the time allowed herein, whichever is the later, and if City thereafter initiates proceedings to revert the Property to acreage, pursuant to Government Code Section 66499.16, Subdivider hereby consents to such reversion to acreage and agrees that any improvements made by or on behalf of Subdivider shall not be considered in determining City's authority to revert the Property to acreage.
Subdivision Improvement Agreement Page 6 of 22 Revised 1/7/2022
3. Labor.
3.1. Labor Standards. This Agreement is subject to, and Subdivider agrees to comply with, all of the applicable provisions of the Labor Code including, but not limited to, the wage and hour, prevailing wage, worker compensation, and various other labor requirements in Division 2, Part 7, Chapter 1, including section 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 to 1861, which provisions are specifically incorporated herein by reference as set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Works of Improvement.
3.2. Nondiscrimination. In accordance with the California Fair Employment and Housing Act ("FEHA"), California Government Code Section 12940 et seq., Subdivider agrees that Subdivider, its agents, employees, contractors, and subcontractor performing any of the Works of Improvement shall not discriminate, in any way, against any person on the basis of race, ethnicity, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of this Agreement.
3.3. Licensed Contractors. Subdivider shall cause all of the Works of Improvement to be constructed by contractors and subcontractors with valid California Contractors' licenses for the type of work being performed. All of Subdivider's contractors and subcontractors shall obtain a valid City of Rialto business license prior to performing any work pursuant to this Agreement. Subdivider shall provide the City Engineer with a list of all of its contractors and subcontractors prior to initiating any work, and all valid Contractor's licenses and business licenses issued thereto as a condition of constructing the Works of Improvements.
Worker's Compensation. Subdivider shall cause every contractor and subcontractor performing any of the Works of Improvement to carry Workers' Compensation Insurance as required by the Labor Code of the State of California and shall cause each such contractor and subcontractor to submit to City a Certificate of Insurance verifying such coverage prior to such contractor or subcontractor entering onto the job site.
Security.
4.1. Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to City the following bonds, letters of credit, instruments of credit (assignment of deposit account) or other security acceptable to City in its sole and absolute discretion and satisfying the requirements of the applicable provisions of this Section 4 below (hereinafter "Security Instruments"):
Subdivision Improvement Agreement Page 7 of 22 Revised 1/7/2022 A Security Instrument securing Subdivider's faithful performance of all of the Works of Improvement ("Faithful Performance Security Instrument"), in the amount of $200.342.90$1,354,200equal to 100% of the estimated construction cost referenced in Section 1.1.
(il) A Security Instrument guaranteeing the payment to contractors, subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor and Materials Security Instrument") with respect to the Works of Improvement in an amount equal to $ 208,342.30 $1,354,20 qual to 100% of the estimated construction cost referenced in Section 1.1.
A Security Instrument guaranteeing the payment of the cost of setting monuments as required in Section 1.4 in the amount of $ 8,800 equal to 100% of the cost thereof.
This Agreement shall not be effective for any purpose until such Security Instruments are supplied to and approved by City in accordance herewith. b) Required Security Instrument for Maintenance and Warranty. Prior to the City Council's acceptance of the Works of Improvement and recordation of a Notice of Completion, Subdivider shall deliver a Security Instrument warranting the work accepted for a period of one (1) year following said acceptance ("Maintenance and Warranty Security Instrument"), in the amount $ 20,884.23 $135,420 equal to 10% of the estimated construction cost set forth in Section 1.1 or a suitable amount determined by the City Engineer.
4.2. Form of Security Instruments. All Security Instruments shall be in the amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following minimum requirements and otherwise shall be in a form provided by City or otherwise approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such bond must be issued and executed by an insurance company or bank authorized to transact surety business in the State of California. Any insurance company acting as surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any bank acting as surety shall have a minimum rating of AA, as rated by Moody's or Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any letter of credit shall be an original separate unconditional, irrevocable, negotiable and transferable commercial letter of credit issued by a financial institution with offices in the State of California acceptable to City. Any such letter of credit shall specifically permit City to draw on same by unilateral certification of the City Engineer of the City that Subdivider is in default under its payment or performance obligations hereunder or in the event Subdivider fails to deliver a replacement letter Subdivision Improvement Agreement Page 8 of 22 Revised 1/7/2022 of credit not less than thirty (30) days prior to the date of expiration of any such letter of credit and shall further be subject to the provisions of Section 4.4. (c) Instrument of Credit. For Security Instruments which are Instruments of Credit, any Instrument of Credit shall be an assignment of deposit account assigning as security to City all of Subdivider's interest in funds on deposit in one or more bank accounts with financial institutions acceptable to City. (d) General Requirements for all Security Instruments.
(i) Payments under any Security Instruments shall be required to be made (and, with respect to bonds, litigation shall be required to be instituted and maintained) in the City of Rialto, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after the deadline for Subdivider's completing the Works of Improvement, in accordance with Section 2.1 (other than Instruments of Credit, which shall have no defined term or expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the Works of Improvement pursuant to the terms of this Agreement without notice to any issuer or surety and without affecting the obligations under such Security Instrument.
(iv) If the Subdivider seeks to replace any security with another security, the replacement shall: (1) comply with all the requirements for security in this Agreement; (2) be provided by the Subdivider to the City Engineer; and (3) upon its written acceptance by the City Engineer, be deemed a part of this Agreement. Upon the City Engineer's acceptance of a replacement security, the former security may be released by the City.
4.3. Subdivider's Liability. While no action of Subdivider shall be required in order for City to realize on its security under any Security Instrument, Subdivider agrees to cooperate with City to facilitate City's realization under any Security Instrument, and to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of any Security Instrument or any failure by any surety or financial institution to perform its obligations with respect thereto, Subdivider shall be personally liable for performance under this Agreement and for payment of the cost of the labor and materials for the improvements required to be constructed or installed hereby and shall, within ten (10) days after written demand therefor, deliver to City such substitute security as City shall require satisfying the requirements in this Section 4.
4.4. Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be entitled to draw on any such letter of credit if a replacement letter of credit Subdivision Improvement Agreement Page 9 of 22 Revised 1/7/2022 (expiring in not less than one (1) year, unless City agrees to a lesser term in City's sole and absolute discretion) is not delivered not less than thirty (30) days prior to the expiration of the original letter of credit, such substitute letter of credit being in the same amount and having the terms and conditions as the initial letter of credit delivered hereunder, issued by a financial institution acceptable to City as of the date of delivery of the replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its sole and absolute discretion, to apply any such funds drawn to the obligations secured by such letter of credit or to hold such funds in an account under the control of the City, with no interest accruing thereon for the benefit of the Subdivider. If the City elects to hold the funds in an account pursuant to the foregoing, City may thereafter at any time elect instead to apply such funds as provided in the foregoing. Subdivider agrees and hereby grants City a security interest in such account to the extent required for City to realize on its interests therein and agrees to execute and deliver to City any other documents requested by City in order to evidence the creation and perfection of City's security interest in such account.
4.5. Release of Security Instruments. The City shall release all Security Instruments consistent with Government Code Sections 66499.7 and 66499.8 and as follows:
City shall release the Faithful Performance Security Instrument and Labor and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of satisfaction of all other requirements in this Section 4.5; (ii) the Works of Improvement have been accepted;
(iii) Subdivider has delivered the Maintenance and Warranty Security Instrument; and
made pursuas after passage of the time within which lien claims are required to be made pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code of the State of California. If lien claims have been timely filed, City shall hold the Labor and Materials Security Instrument until such claims have been resolved, Subdivider has provided a statutory bond, or otherwise as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon Subdivider's written request upon the expiration of the warranty period, and settlement of any claims filed during the warranty period.
The City may retain from any security released, an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorney's fees.
Subdivision Improvement Agreement Page 10 of 22 Revised 1/7/2022 Cost of Construction and Provision of Inspection Service.
5.1. Subdivider Responsible for All Costs of Construction. Subdivider shall be responsible for payment of all costs incurred for construction and installation of the Works of Improvement. In the event Subdivider is entitled to reimbursement from City for any of the Works of Improvement, such reimbursement shall be subject to a separate Reimbursement Agreement to be entered into between Subdivider and City prior to construction of the Works of Improvement.
5.2. Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its authorized representative make the usual and customary inspections of the Works of Improvement. In addition, Subdivider shall compensate City for all design, plan check, evaluating any proposed or agreed-upon changes in the work. The procedures for deposit and payment of such fees shall be as established by the City. In no event shall Subdivider be entitled to additional inspections or a final inspection and acceptance of any of the Works of Improvement until all City fees and charges have been fully paid, including without limitation, charges for applicable penalties and additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as appropriate resolution or resolutions accepting all offers of dedication shown on the Map for the Property, with acceptance to become effective upon completion and acceptance by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to execute the Certificate made a part of the Map regarding said acceptance of the offer of dedication.
Warranty of Work. Subdivider shall guarantee all Works of Improvement against defective materials and workmanship for a period of one (1) year from the date of final acceptance. If any of the Works of Improvement should fail or prove defective within said one (1) year period due to any reason other than improper maintenance, or if any settlement of fill or backfill occurs, or should any portion of the Works of Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15) days after written notice of such defects, or within such shorter time as may reasonably be determined by the City in the event of emergency, shall commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. Should Subdivider fail to remedy defective material and/or workmanship or make replacements or repairs within the period of time set forth above, City may make such repairs and replacements and the actual cost of the required labor and materials shall be chargeable to and payable by Subdivider. The warranty provided herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law.
Default.
8.1. Default by Subdivider. Default by Subdivider shall include, but not be limited to:
(a) Subdivider's failure to timely commence construction of Works of Improvement under this Agreement;
Subdivision Improvement Agreement Page 11 of 22 Revised 1/7/2022 (b) Subdivider's failure to timely complete construction of the Works of Improvement;
(c) Subdivider's failure to perform substantial construction work for a period for 20 consecutive calendar days after commencement of the work; (d) Subdivider's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, either voluntary or involuntary, which Subdivider fails to discharge within 30 days;
(e) The commencement of a foreclosure action against the subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (f) Subdivider's failure to perform any other obligation under this Agreement.
Remedies. The City reserves all remedies available to it at law or in equity for a default or breach of Subdivider's obligations under this Agreement. The City shall have the right, subject to this Section, to draw upon or use the appropriate security to mitigate the City's damages in the event of default by Subdivider. The City's right to draw upon or use the security is in addition to any other remedy available to City. The parties acknowledge that the estimated costs and security amounts may not reflect the actual cost of construction of the improvements and, therefore, City's damages for Subdivider's default shall be measured by the cost of completing the required improvements. The City may use the sums provided by the securities for the completion of the Works of Improvement in accordance with the plans. In the event the Subdivider fails to cure any default under this Agreement within 20 days after the City mails a notice of such default to the Subdivider and the Subdivider's surety, Subdivider authorizes the City to perform the obligation for which Subdivider is in default and agrees to pay the entire cost of such performance by the City. The City may take over the work and complete the Works of Improvement, by contract or by any other method City deems appropriate, at the expense of the Subdivider. In such event, City, without liability for doing so, may complete the Works of Improvement using any of Subdivider's materials, appliances, plans and other property that are at the work site and that are necessary to complete the Works of Improvement.
8.3. Notice of Violation. The Subdivider's failure to comply with the terms of this Agreement constitutes Subdivider's consent for the City to file a notice of violation against all the lots in the Subdivision, or to rescind or otherwise revert the Subdivision to acreage.
Subdivider specifically recognizes that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of the City.
8.4. Remedies Not Exclusive. In any case where this Agreement provides a specific remedy to City for a default by Subdivider hereunder, the Subdivider agrees that the choice of remedy or remedies for Subdivider's breach shall be in the discretion of the City.
Additionally, any remedy specifically provided in this Agreement shall be in addition to, Subdivision Improvement Agreement Page 12 of 22 Revised 1/7/2022 and not exclusive of, City's right to pursue any other administrative, legal, or equitable remedy to which it may by entitled.
8.5. Attorney's Fees and Costs. In the event that Subdivider fails to perform any obligation under this Agreement, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. In the event of any dispute arising out of Subdivider's performance of its obligations under this Agreement or under any of the Security Instruments referenced herein, the prevailing party in such action, in addition to any other relief which may be granted, shall be entitled to recover its reasonable attorney's fees and costs. Such attorney's fees and cost shall include fees and costs on any appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all other reasonable costs incurred in investigating such action, taking depositions and discovery, retaining expert witnesses, and all other necessary and related costs with respect to the litigation. All such fees and costs shall be deemed to have accrued on commencement of the action and shall be enforceable whether or not the action is prosecuted to judgment.
8.6. Waiver. No waiver by the City of any breach or default by the Subdivider shall be considered valid unless in writing, and no such waiver by the City shall be deemed a waiver of any subsequent breach or default by the Subdivider.
Indemnity/Hold Harmless. City or any officer, employee or agent thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement. Subdivider further agrees to protect, defend, indemnify and hold harmless City, its officials, boards and commissions, and members thereof, agents, and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions of Subdivider, its agents, employees, contractors and subcontractors in the performance of this Agreement, except for such claims, demands, causes of action, liability or loss arising out of the sole active negligence of the City, its officials, boards, commissions, the members thereof, agents and employees, including all claims, demands, causes of action, liability or loss because of or arising out of, in whole or in part, the design or construction of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design and construction of public drainage systems, streets and other improvements. Recordation of the Notice of Acceptance by the City of the Works of Improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this Section. City shall not be responsible for the design or construction of the property to be dedicated or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by the City in approving the plans or map, unless the particular improvement design was specifically required by City over written objection by Subdivider submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design.
Subdivision Improvement Agreement Page 13 of 22 Revised 1/7/2022 After recordation of the Notice of Acceptance, the Subdivider shall remain obligated to eliminate any latent defect in design or dangerous condition caused by the design or construction defect; however, Subdivider shall not be responsible for routine maintenance. The provisions of this paragraph shall remain in full force and effect for ten (10) years following the recordation of the Notice of Acceptance by the City of the Works of Improvements. It is the intent of this section that Subdivider shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving or reviewing any work or construction. The improvement security shall not be required to cover the provisions of this Paragraph.
Subdivider shall reimburse the City for all costs and expenses, including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs, incurred by City in enforcing this Section.
10. Subdivider's Indemnity of Project Approval. Subdivider shall defend, indemnify, and hold harmless the City and its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning the Subdivision. The City shall promptly notify the Subdivider of any claim, action, or proceeding and cooperate fully in the defense of any such claim, action, or proceeding. In the event City fails to promptly notify the Subdivider of any claim, action, or proceeding, or if the City fails to cooperate in the defense, the Subdivider shall not thereafter be responsible to defend, indemnify, or hold harmless the City. Nothing in this Section prohibits the City from participating in the defense of any claim, action, or proceeding if City bears its own attorney's fees and costs and defends the action in good faith. Subdivider shall not be required to pay or perform any settlement unless the settlement is approved by the Subdivider.
11. Insurance Requirements.
11.1. Subdivider, at Subdivider's sole cost and expense and for the full term of this Agreement and any extensions thereto, shall obtain and maintain all of the following minimum insurance requirements in a form approved by the City's authorized designee for Risk Management prior to commencing any work:
(a) Commercial General Liability policy with a minimum combined single limit of One Million Dollars ($1,000,000) for each occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, personal injury, and property damage arising out of or in connection with the activities of Subdivider and its contractors and subcontractors in performance of the work under this Agreement.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 0001) and shall, in addition to the other coverages specified in this subsection, include coverage for the following:
(i) Premises-operations; including X, C, and U coverage; (ii) Owners' and contractors' protection;
Subdivision Improvement Agreement Page 14 of 22 Revised 1/7/2022 (ili) Independent contractors;
(iv) Blanket contractual;
(v) Ongoing operations;
(vi) Products -completed operations hazard; and
(vii) Personal and advertising injury
(b) Commercial Business Auto policy with a minimum • $1 million per occurrence, combined single limit, for bodily injury and property damage, providing all of the following minimum coverage:
(i) Coverage shall apply to any and all leased, owned, hired, or non- owned vehicles used in pursuit of any of the activities associated with this Agreement; and
Any and all mobile equipment including cranes which are not covered under the above Commercial Business Auto policy shall have said coverage provided under the Commercial General Liability policy. (c) Workers Compensation and Employers' Liability policy in accordance with the laws of the State of California and providing coverage for any and all employees of the Subdivider:
(i) This policy shall provide coverage for Workers' Compensation (Coverage A); and
(ii) This policy shall provide coverage for $1,000,000 Employers' Liability (Coverage B).
(iii) Pursuant to Labor Code section 1861, Subdivider by executing this Agreement certifies: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." (iv) Subdivider shall cause each contractor and subcontractor to provide adequate Workers' Compensation and Employer's Liability Insurance for the protection of employees not otherwise protected.
(v) Prior to commencement of work, the Subdivider shall file with the City's Risk Manager a Certificate of Insurance or certification of permission to self-insure workers' compensation conforming to the requirements of the Labor Code.
Subdivision Improvement Agreement Page 15 of 22 Revised 1/7/2022 Endorsements. All of the following endorsements are required to be made a part of each of the above-required policies as stipulated below:
(i) The Commercial General Liability and Commercial Vehicle/ Automotive Liability policies are to contain or be endorsed to contain the following provisions:
a. Additional Insureds. The City of Rialto, its officials, officers, employees, agents and independent contractors shall be named as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Subdivider; and with respect to liability arising out of work or operations erformed by or on behalf of the Subdivider including materials, part:
or equipment furnished in connection with such work or operations b. Primary Insurance. For any claims related to this project, the Subdivider's insurance coverage shall be primary insurance as respects the City of Rialto, its officials, officers, employees, agents and independent contractors. Any insurance or self- insurance maintained by the City of Rialto, its officials, officers, employees, agents and independent contractors shall be excess of the Subdivider's insurance and shall not contribute with it. This endorsement is not applicable to the Commercial Vehicle/ Automotive Liability Policy.
C. Waiver of Subrogation. Endorsements waiving all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors shall be provided.
The Workers' Compensation policy shall be endorsed to waive all rights of subrogation against the City of Rialto, its officials, officers, employees, agents and independent contractors.
(e) Other Insurance Requirements. All policies required under this Agreement shall contain provisions stating that such policies cannot be canceled or reduced except on at least thirty (30) days' prior written notice to Subdivider ten (10) days' notice for cancellation due to non- payment). Subdivider further agrees to:
(i) Provide to City copies of any notices relating to cancellation or reduction of insurance within two (2) days of receipt; and (ii) Cause all certificates of insurance to include language indicating that the issuers or producers of such policies will endeavor to provide copies of any such notices directly to City.
(1) Commencement of Work. Subdivider shall not commence work under this Agreement until Subdivider has obtained all insurance required pursuant to this Section, and such insurance has been approved by City; nor shall Subdivider allow Subdivision Improvement Agreement Page 16 of 22 Revised 1/7/2022 any contractor or subcontractor to commence work on the Improvements until all similar insurance required of the contractor or subcontractor has been obtained.
Certificates, endorsements, and where applicable, full copies of policies shall be maintained on file with the City Clerk.
(g) Higher Limits. If Subdivider maintains higher limits than the minimums specified in this Section 11, the City requires and shall be entitled to coverage for the higher limits maintained by Subdivider. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(h) Insurer Rating; Acceptability. Except as set forth otherwise herein, the policies required by this Section shall be issued by a California-admitted insurer with a rating of at least a "B+; VIl" in the latest edition of Best's Insurance Guide.
A Commercial General Liability policy issued by an insurer that is on the California Department of Insurance's List of Approved Surplus Line Insurers ("LASLI") will be acceptable, if no coverage from an admitted insurer can be obtained by Subdivider, and further provided that such insurer maintains a Best's rating of at least "A-; X" and remains on the LASLI during the term hereof. Workers' Compensation coverage issued by the State Compensation Insurance Fund shall be acceptable if no other coverage can be obtained by Subdivider, and further provided such insurer remains admitted in California and is otherwise financially acceptable to City.
Deductibles. Any deductibles or self-insured retentions must be declared in writing by Subdivider to City and subsequently approved by City prior to its execution of this Agreement and prior to commencement of any work hereunder.
At City's option, Subdivider shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Subdivider shall procure a bond guaranteeing payment of losses and expenses.
Proof of Coverage. Subdivider shall submit to the City original certificates of insurance and endorsements evidencing the coverages required by this Section.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all insurance policies at any time and/or to require Subdivider to provide reports or status updates to evidence compliance of its contractors and subcontractors with the provisions of this Section. Subdivider's insurance company(ies) shall mail all required certificates of insurance and endorsements to:
City of Rialto
Risk Management
150 S. Palm Avenue
Rialto, CA 92376
Subdivision Improvement Agreement Page 17 of 22 Revised 1/7/2022
12. Environmental Warranty.
12.1. Prior to the acceptance of any dedications or Works of Improvement by City, Subdivider shall provide City with a written warranty in a form substantially similar to Exhibit "C" attached hereto and incorporated herein by reference, that:
(a) Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
(b) Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated shall use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any federal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
(c) Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. (d) Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.
12.2. Subdivider shall give prompt written notice to City of:
(a) Any proceeding or investigation by any federal, state or local governmental (b) authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and
Subdivision Improvement Agreement Page 18 of 22 Revised 1/7/2022 Subdivider's discovery of any occurrence or condition on any property adjoining or in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.
13. General Provisions.
13.1. Successors and Assigns. This Agreement shall be binding upon all successors and assigns to Subdivider's right, title, and interest in and to the Property and any portion thereof. Subdivider hereby consents to City recording this Agreement as official records of San Bernardino County, affecting fee title interest to the Property to provide constructive notice of the rights and obligations incurred by Subdivider in the City's approval of this Agreement. In the event the Property is subsequently conveyed by Subdivider to a third party prior to completion of the Works of Improvement, whereby the third party is intended to assume Subdivider's responsibilities with regard to this Agreement, (the "Replacement Subdivider"), the rights and obligations of this Agreement shall transfer to the Replacement Subdivider; however, the Security Instruments required pursuant to Section 4 of this Agreement, and furnished by Subdivider as a condition of the City's approval of this Agreement, shall remain Subdivider's responsibility to maintain until such time as Subdivider and its Replacement Subdivider enter into a Transfer and Assignment of Subdivision Agreement, (the "Transfer Agreement"), to acknowledge the transfer of fee title to the Property from the Subdivider to its Replacement Subdivider, and to acknowledge the rights and obligations associated with this Agreement upon the Replacement Subdivider, including Replacement Subdivider's responsibility to furnish replacement Security Instruments meeting the City's approval pursuant to Section 4 of this Agreement. Until such time as a Transfer Agreement, meeting the City's approval, is executed by Subdivider and its Replacement Subdivider, and replacement Security Instruments meeting City's approval are furnished by the Replacement Subdivider, Subdivider retains sole responsibility for maintaining all Security Instruments required pursuant to Section 4 of this Agreement.
13.2. No Third Party Beneficiaries. This Agreement is intended to benefit only the parties hereto and their respective successors and assigns. Neither City nor Subdivider intend to create any third party beneficiary rights in this Agreement in any contractor, subcontractor, member of the general public, or other person or entity.
13.3. No Vesting Rights. Performance by the Subdivider of this Agreement shall not be construed to vest Subdivider's rights with respect to any change in any zoning or building law or ordinance.
13.4. Subdivider is Not Agent of City. Neither Subdivider nor Subdivider's agents, contractors, or subcontractors are agents or contractors of the City in connection with the performance of Subdivider's obligations under this Agreement.
13.5. Time of the Essence. Time is of the essence of Subdivider's performance of all of its obligations under this Agreement.
Subdivision Improvement Agreement Page 19 of 22 Revised 1/7/2022
13.6. Notices. Unless otherwise specified in this Agreement, all notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this Section. Notice shall be effective on the date is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notice shall be provided to the persons listed on Pages 1 and 2 of this Agreement by the parties for this purpose.
Either party may provide a new designated representative and/or address by written notice as provided in this Section.
13.7. No Apportionment. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer mains, or other improvements pursuant to the provisions of the City ordinances providing, therefore. Nor shall anything in the Agreement commit City to any such apportionment.
13.8. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
13.9. Captions. The captions of this Agreement are for convenience and reference only and shall not be used in the interpretation of any provision of this Agreement.
13.10. Incorporation of Recitals. The recitals to this Agreement are hereby incorporated into the terms of this Agreement.
13.11. Interpretation. This Agreement shall be interpreted in accordance with the laws of the State of California.
13.12. Entire Agreement; Waivers and Amendments. This Agreement integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to all or part of the subject matter hereof, except as may be expressly provided herein. All waivers of the provisions of this Agreement must be in writing and signed by an authorized representative of the party to be charged, and all amendments hereto must be in writing and signed by the appropriate representatives of both parties.
13.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original.
14. Authority. The persons executing this Agreement on behalf of the parties warrant the:
(i) Party is duly organized and existing;
(ii) They are duly authorized to execute and deliver this Agreement on behalf of said party;
Subdivision Improvement Agreement Page 20 of 22 Revised 1/7/2022 (iii) By so executing this Agreement, such party is formally bound to the provisions of this Agreement; and
(iv) The entering into of this Agreement does not violate any provisions of any other Agreement to which said party is bound.
[SIGNATURES ON NEXT PAGE]
Subdivision Improvement Agreement Page 21 of 22 Revised 1/7/2022 N WITNESS WHEREOF, the City and the Subdivider have caused this Agreement • be executed the day and year first above writter
CITY OF RIALTO, CALIFORNIA
By:
Marcus Fuller, City Manager
APPROVED BY THE CITY COUNCIL
Date:
Agreement No.:
ATTEST:
By:
Barbara McGee, City Clerk
APPROVED AS TO FORM:
By:
Eric S. Vail, City Attorney
RECOMMENDED:
By:
David S. Hammer, City Engineer
Subdivision Improvement Agreement Page 22 of 22 Revised 1/7/2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange
On 2 / 9/22 _ before me, T Ris, Notary Public, personally appeared Sondra Harris, 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.
T. RIS
Notary Public - California
Orange County
Commission # 2361493
My Comm. Expires Jun 16. 2025
(Signature)
(Affix Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signe he document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of
On before me,
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
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 they 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. and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
Place Notary Seal Above
- OPTIONAL-
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer is Representing: Signer is Representing:
EXHIBIT "A"
MAP LEGAL DESCRIPTION
Map No. _, as recorded in Map Book _, Pages through _inclusive, records of San Bernardino County, California.
Exhibit "A"
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A SUBDIVISION OF A PORTION OF THE WEST ONE-HALF OF LOT 137, TOWN OF
RIALTO AND ADJOINING SUBDIVISIONS, IN THE CITY OF RIALTO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDD IN BOOK 4 OF MAPS, PAGE 11.
Exhibit "A"
EXHIBIT "B"
TENTATIVE IRACT MAP 20237_ CONDITIONS OF APPROVAL
The Conditions issued to Subdivider for development of the Property follow this page.
Exhibit "B"
DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 ORDINANCE NO. 1639
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 RIALTO, CALIFORNIA, APPROVING ZONE CHANGE NO.
2019-0005 TO CHANGE THE ZONING DESIGNATION OF
4 APPROXIMATELY 8.67 ACRES OF LAND (APNS: 0131-131-
5 13, -14, & -23) LOCATED ON THE EAST SIDE OF ACACIA
AVENUE APPROXIMATELY 775 FEET NORTH OF
6 RANDALL AVENUE TO MULTI-FAMILY RESIDENTIAL
(R-3).
7 8
WHEREAS, approximately 8.67 acres of land (APNs: 0131-131-13, -14, & - 23) located on 9 the east side of Acacia Avenue approximately 775 feet north of Randall Avenue, described in the 10 legal description attached as Exhibit A, ("Site") is currently zoned Agricultural (A-1) for the southern 11 parcel (APN: 0131-131-23) and Single-Family Residential (R-IC) for the two (2) northern parcels 12 (APNs: 0131-131-13 & -14); and
13 WHEREAS, the applicant, Asian Pacific, Inc., proposes to change the zoning designation 14 of the entire Site to Multi-Family Residential (R-3) ("Project"); and 15 WHEREAS, in conjunction with the Project, the applicant has also submitted General Plan 16 Amendment No. 2019-0007 to change the land use designation of the southern parcel (APN: 0131- 17 131-23) of the Site ("GPA Site"), described in the legal description attached as Exhibit B, from 18 Residential 2 with an Animal Overlay to Residential 6 ("GPA No. 2019-0007"); and 19 WHEREAS, in conjunction with the Project, the applicant has also submitted Tentative 20 Tract Map No. 2019-0004, also referred to as Tentative Tract Map No. 20237, to subdivide the 21 Site into fifty-two (52) single-family residential lots and nine (9) common lots for private streets, 22 common open space, landscaping, and stormwater detention ("TTM No. 20237"), and the Project 23 is necessary to facilitate TTM No. 20237; and
24 WHEREAS, pursuant to Section 18.06.030 of the Rialto Municipal Code, the Project 25 requires the approval of a zone change, and the applicant has agreed to apply for Zone Change No. 26 2019-0005 ("ZC No. 2019-0005"); and
27 28
-1-
DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 WHEREAS, pursuant to Section 18.06.030, the City Council is authorized to adopt a zone 2 change within the City; and
3 WHEREAS, pursuant to Section 18.06.030(C) of the Rialto Municipal Code, the Planning 4 Commission shall hold a public hearing for a proposed zone change and forward a 5 recommendation to the City Council for action; and
6 WHEREAS, on February 26, 2020, the Planning Commission of the City of Rialto 7 conducted a duly noticed public hearing, as required by law, on ZC No. 2019-0005, GPA No. 8 2019-0007, and TTM No. 20237, took testimony, at which time it received input from staff, the 9 city attorney, and the applicant; heard public testimony; discussed ZC No. 2019-0005, GPA No. 10 2019-0007, and TTM No. 20237; and closed the public hearing; and 11 WHEREAS, on February 26, 2020, the Planning Commission voted 6-0 (1 absence) to 12 recommend approval of ZC No. 2019-0005, GPA No. 2019-0007, and TTM No. 20237 to the City 13 Council; and
14 WHEREAS, on May 12, 2020, the City Council conducted a duly noticed public hearing, 15 as required by law, on ZC No. 2019-0005, GPA No. 2019-0007, and TTM No. 20237, and 16 continued the hearing to June 9, 2020; and
17 WHEREAS, on June 9, 2020, the City Council conducted a duly noticed public hearing, 18 as required by law, on ZC No. 2019-0005, GPA No. 2019-0007, and TTM No. 20237, took 19 testimony, at which time it received input from staff, the city attorney, and the applicant; heard 20 public testimony, discussed ZC No. 2019-0005, GPA No. 2019-0007, and TTM No. 20237; and 21 closed the public hearing; and
22 WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred. 23 NOW, THEREFORE, the City Council hereby finds, determines, and ordains as follows:
24 SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the 25 recitals above of this Ordinance are true and correct and incorporated herein. 26 SECTION 2. Based on substantial evidence presented to the City Council during the public 27 hearing conducted with regard to ZC No. 2019-0005, including written staff reports, verbal testimony, 28 project plans, other documents, and the conditions of approval stated herein, the City Council hereby -2-
DocuSign Envelope ID: 7ACODFDB-E611-4969-8723-46BF28D00449 1 determines that ZC No. 2019-0005 satisfies the requirements of Section 18.06.030 of the Rialto 2 Municipal Code pertaining to the findings which must be made precedent to amending a General 3 Plan. The findings are as follows:
4 5 That the proposed zone change is consistent with the General Plan of the City of Rialto; and
6 This finding is supported by the following facts:
7 8 In conjunction with the Project, the applicant proposes GPA No. 2019-0007 to change the land use designation of the southern parcel (APN: 0131-131-23) of the Site from Residential 9 2 with an Animal Overlay to Residential 6. The two (2) northern parcels (APNs: 0131-131- 13 & -14) of the Site contain a land use designation of Residential 6. The Residential 6 land 10 use designation, combined with the R-3 zone, will allow single-family residential 11 developments between 2.1 and 6.0 dwelling units per acre. GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237 are proposed to facilitate the development of a fifty-two (52) 12 single-family residence neighborhood with a density of 5.99 dwelling units per acre. The 13 zone change and the subsequent development are therefore consistent with the proposed General Plan land use designation, provided that GPA No. 2019-0007 is approved prior to the 14 proposed zone change.
15 i l That the proposed zone change will not adversely affect the surrounding properties. 16 This finding is supported by the following facts:
17 The Site is surrounded on the north and east by existing single-family residential subdivisions, 18 and on the south by a planned single-family residential subdivision. The density of the 19 proposed development is 5.99 dwelling units per acre and similar to the densities of other single-family residential subdivisions in the nearby area, including: (i) the planned Wagon 20 Wheel neighborhood, which will be located immediately adjacent to the south of the project site and has a density of 7.35 dwelling units per acre, (ii) Pepper Ridge, which is located 21 approximately 650 feet to the east of the project site, and (iii) California Knolls, which is located approximately 75 feet to the northwest of the project site and has a density of 5.57 22 dwelling units per acre. The Project will facilitate the development of detached single-family 23 residences in keeping with the character of the surrounding area. 24 The proposed development, in conjunction with the project, will include the installation of a 25 six (6) foot solid block wall along all property lines adjacent to the surrounding developments, as required by the Rialto Municipal Code. Additionally, each structure will meet the 26 ninimum required building setbacks. These design features, as well as others, will serve to make the proposed development as benign as possible.
27 28
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DocuSign Envelope ID: 7ACODFDB-E611-4969-8723-46BF28D00449 Additionally, mitigation measures, included in the Initial Study prepared for the Project 1 (Environmental Assessment Review No. 2019-0082), will assist in mitigating any impacts 2 related to Cultural Resources, Geology and Soils, Noise and Transportation and Traffic to a level of insignificance.
3 4 SECTION 3. An Initial Study (analyzing applicant's prior development of 60 single family 5 lots and accompanying residences) and an accompanying Consistency Analysis Memorandum 6 (analyzed the current development of 52 single family lots and accompanying residences) 7 (Environmental Assessment Review No. 2019-0082) has been prepared for GPA No. 2019-0007 in 8 accordance with the California Environmental Quality Act (CEQA). Based on the findings and 9 recommended mitigation with the Initial Study, staff determined that the project will not have an 10 adverse impact on the environment, provided that mitigation measures are implemented, and a 11 Mitigated Negative Declaration was prepared. The local newspaper published a copy of the Notice 12 of Intent to adopt the Mitigated Negative Declaration for the project, and the City mailed the notice 13 to all property owners within 300 feet of the project site for a public comment period held from June 14 20, 2019 to July 9, 2019. The Mitigated Negative Declaration was prepared in accordance with 15 16 CEQA. Based on the Initial Study, Mitigated Negative Declaration, and accompanying Consistency 17 Analysis Memorandum, which found that the reduction in the number of dwelling units proposed will 18 serve to reduce the previously determined less than significant impacts analyzed by the prior proposal 19 even further, the City Council hereby adopts the Mitigated Negative Declaration and directs the 20 Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for 21 San Bernardino County.
22 SECTION 4. The City Council hereby approves ZC No. 2019-0005 to change the zoning 23 designation of the Site to R-3, in accordance with the application on file with the Planning Division, 24 subject to the following conditions:
25 26 1. ZC No. 2019-0005 is approved changing the zoning designation of approximately 8.67 acres of land (APNs: 0131-131-13, -14, & -23) located on the east side of Acacia Avenue 27 approximately 775 feet north of Randall Avenue, described in the legal description 28 -4-
DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 attached as Exhibit A, to R-3. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the Project shall be subject to revocation. 2 2. Prior to the issuance of building or grading permits for the proposed development, a 3 Precise Plan of Design shall be approved by the City's Development Review Committee (DRC).
4 5 3. City inspectors shall have access to the Site to reasonably inspect the Site during normal working hours to assure compliance with these conditions and other codes. 6 7 4. The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, officers, or employees from any claims, damages, action, or proceeding against the City 8 or its agents, officers, or employees to attack, set aside, void, or annul any approval of 9 the City, its advisory agencies, appeal boards, or legislative body concerning ZC No. 2019-0005. The City will promptly notify the applicant of any such claim, action, or 10 proceeding against the City, and applicant will coopcrate fully in the defense. 11 5. In accordance with the provisions of Government Code Section 66020(d)(1), the 12 imposition of fees, dedications, reservations, or exactions for this Project, if any, are subject to protest by the applicant at the time of approval or conditional approval of the 13 Project or within 90 days after the date of the imposition of the fees, dedications, reservations, or exactions imposed on the Project.
14 15 6. Approval of Zone Change No. 2019-0005 will not be valid until such time that the City Council of the City of Rialto has approved General Plan Amendment No. 2019-0007, 16 which was prepared in conjunction with the Project.
17 7. Approval of Zone Change No. 2019-0005 is for the sole purpose of facilitating the 18 development of a single-family residential subdivision on the Site. The development of the Site into any use other than single-family residential is not permitted without the prior 19 approval of an amendment to this Ordinance by both the Planning Commission and City Council.
20 21 8. The applicant shall annex the Site within a Community Facilities District to offset operational costs to the City's General Fund associated with ZC No. 2019-0005, prior to 22 the issuance of any building permits.
23 9. Applicant shall comply with all conditions of approval contained in GPA No. 2019-0007 24 and TTM No. 20237, to the extent they are not in conflict with any condition of approval herein.
25 26
27 28
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DocuSign Envelope ID: 7ACODFDB-E611-4969-8723-46BF28D00449 1 2
3 SECTION 5. The Mayor shall sign the passage and adoption of this Ordinance and 4 thereupon the same shall take effect and be in force. 5 PASSED, APPROVED AND ADOPTED this 23rd day of June. 2020. 6 7
8 Danu finess
9 DEBORAH ROBERTSON, MAYOR
10 =
13 ATTEST:
14 15
16 Barkara 1. MuGu
17 BARBARA MCGEE, CITY CLERK
18 19 APPROVED AS TO FORM:
20 21 Erica Vega
22 ERICA VEGA, INTERIM ASSISTANT CITY ATTORNEY
23 24
25 26
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DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 STATE OF CALIFORNIA )
2 COUNTY OF SAN BERNARDINO ) SS
3 CITY OF RIALTO )
4 5 I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing 6 Ordinance No. 1639 was duly passed and adopted at a regular meeting of the City Council of the 7 City of Rialto held on the 23rd day of June, 2020.
8 Upon motion of Councilmember Trujillo, seconded by Councilmember Carrizales, the 9 foregoing Ordinance No. 1639 was duly passed and adopted. 10 Vote on the motion:
11 AYES: Mayor Robertson, Mayor Pro Tem Scott, Council Member Trujillo, Carrizales, Baca Jr. 12 NOES: None
13 ABSENT: None
14 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 15 Rialto this 24th day of June, 2020.
16 17
18 19 Barbara R. MiGue
20 BARBARA MCGEE, CITY CLERK
21 22
23 24
25 26
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=
DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 Exhibit 'A'
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DocuSign Envelope ID: 7ACODFDB-E611-4969-8723-46BF28D00449 Hoyce Ave E James St
Exames st
W Jefferson Ave
S Acacia Ave
0231-131-14
W Cherry S
S Acacia Ave S Pampas Ave
ant St
W Santolinas St
mer St
W Penny Ln
Ave E Randall Ave W Randall Ave W Randall Ave WiRa
Project Location Map
DocuSign Envelope ID: 7AC0DFDB-E611-4969-8723-46BF28D00449 1 Exhibit 'B'
2 3
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8 13
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18 19
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28 -9-
LOI DATA IN THE CITY OP RIALTO, STATE OP CALIFORNIA
LOT (NST TENTATIVE TRACT MAP 20237
3241
11532
0634 INSEL
OWNER
RACT 4508 3878 ASAN PACIFC, INC.
3834 5878 22832 GOLDEN SPRNS DR
BLOCK RALL 4450 SIDND PIR CA 01754
87:
(OX VOOS TIE
3300
3528 DEVELOPER/APPLICANT
878 ASAN PACIFIC, INC.
310
[a0.7 : PEROS PERTOS
BOLHAAI 3378 PROJECT CONSULTANT: MICHAEL RAMIREZ
ENGINEER OF WORK/PLAN PREPARER
OVE INONTRNG
кв. 230/7-8
ATTE THOMAS LOVE *
31915 RANCHO CALFORNA ROAD, SUITE 200-185
VODDEN ST 18.500| TVFCUA CA 92501 VICINITY MAP
ACACIA AVENUE PHONE: (951) 440-8149 FAX: (959) 240-3584
ASSESSORS PARCEL NUMBERS
TRACT 16310 0131-131-13, 0151-131-14, * 0131-131-23
« DA PERS AC.
PEu71.6 SCHENED OVERFLOW
a 10-
51.7 18000
TT D BLOCK WALL
74 TOGT PATE
• tor
INTITRATION TRENCH TONGITUDINAL SECTION
12 :
SUMAC LN 201
PE-7032
NE TO n 52 5 82.5 INPITRATION TRENCH LATERAL, SECTION 5' SCENUK 3' SDEMALK
• CP9 TYPICAL SECTION Lo' CURS
D PENS72 PENeLO O ENCRL/SUKAC/4O00EN/PINE/ALRU
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ZONING (573+ 20°% 285.00
2a1C .UTES 5' SIDEWALK SIDEWALX
GENERAL PLAN DESIGNATION 1850 PS5 3,50,00,00+ TYPICAL SECTIOH AB 6° CURB 28 (RESIDENTAL 8) STANTON RUY EX SDEWALK-
PROP SCENALK
UTILITY INFO EX 8* CURB & GUTTA Ex a° CURB & CUTTER
LEX AB MICAL SECT
E ALRU ST
LEGAL DESCRIPIION LEGAL DESCRIPTION
APN 0131-131-13 LEGEND (
7C0,10.00
DOLMANRY
210 CENTERENE
BENCHMARK DESCRIETION: ACHT-O-WAY
7 80 S i
SEWER (COST)
LE CITY OF RIALTO BRASS
._301 N POC SEMALX 1 FOOT EAST SENER (PROP)
O CU 21 100 E C OF STORM DRAN (PROP)
BASIS DE BARINGE CENTERSNE OS RUER (0051) -..
CACH AVENUE BENC NOCT00 42'E PER 10 20 KERRLL
NOTE: AUAS AED TO SANE CETERLNE E WATER (PROP)
TRACT NO. 10825, M9 187/5-8
ladogamund Candea Alom EXHIBIT AMENOVENTS BENCHMARK: DY TEE CITY O KALLO, GLOREN C LOVE ENGINE ERENE D C100N
ALLEGRO
THO WORNG:
APNS 0131-131-013,014, & 023
YOU DEO
TOLL FREE -803-227-2600 PREPARED UNDER THE SUPERVISIOAL OF: TENTATIVE MAP 20237 UNGÊN CHONG BENEE LAT
FEBRUWRY 2, 2310 n- 18 208
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 RESOLUTION NO. 7612
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 RIALTO, CALIFORNIA, APPROVING GENERAL PLAN
AMENDMENT NO. 2019-0007 TO CHANGE THE LAND USE
4 DESIGNATION OF APPROXIMATELY 3.92 ACRES OF LAND
5 (APNS: 0131-131-23) LOCATED ON THE EAST SIDE OF
ACACIA AVENUE APPROXIMATELY 775 FEET NORTH OF
6 RANDALL AVENUE FROM RESIDENTIAL 2 WITH AN
ANIMAL OVERLAY TO RESIDENTIAL 6.
7 8 WHEREAS, approximately 3.92 acres of land (APN: 0131-131-23) located on the east side of Acacia Avenue approximately 775 feet north of Randall Avenue, described in the legal description 10 attached as Exhibit A ("Site"), is currently designated by the Land Use Element of the General Plan 11 as Residential 2 with an Animal Overlay; and
12 WHEREAS, the applicant, Asian Pacific, Inc., proposes to change the land use designation 13 of the Site to Residential 6 ("Project"); and
14 WHEREAS, in conjunction herewith, the applicant has also submitted Zone Change No. 15 2019-0005 to change the zoning designation of the Site and two (2) parcels of land (APNs: 0131- 16 131-13 & - 14) immediately adjacent to the north of the Site (Overall Site"), as described in the 17 legal description attached as Exhibit B, to Multi-Family Residential (R-3) ("ZC No. 2019-0005"); 18 and
19 WHEREAS, in conjunction herewith, the applicant has also submitted Tentative Tract 20 Map No. 2019-0004, also referred to as Tentative Tract Map No. 20237 ("TTM No. 20237") to 21 subdivide the Overall Site into fifty-two (52) single-family residential lots and nine (9) common 22 lots, and the Project is necessary to facilitate TTM No. 20237; and 23 WHEREAS, pursuant to Government Code Sections 65350-65362, the Project requires 24 the approval of an amendment to the General Plan, and the applicant has agreed to apply for 25 General Plan Amendment No. 2019-0007 ("GPA No. 2019-0007"); and 26 WHEREAS, pursuant to Government Code Sections 65350-65362, the City Council is 27 authorized to amend the General Plan within the City; and 28 -1-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 WHEREAS, pursuant to Government Code Sections 65350-65362, the Planning 2 Commission shall hold a public hearing for a proposed amendment to the General Plan and forward 3 a recommendation to the City Council for action; and
4 WHEREAS, on February 26, 2020, the Planning Commission of the City of Rialto 5 conducted a duly noticed public hearing, as required by law, on GPA No. 2019-0007, ZC No. 6 2019-0005, and TTM No. 20237, took testimony, at which time it received input from staff, the 7 city attorney, and the applicant; heard public testimony; discussed GPA No. 2019-0007, ZC No. 8 2019-0005, and TTM No. 20237; and closed the public hearing; and 9 WHEREAS, on February 26, 2020, the Planning Commission voted 6-0 (1 absence) to 10 recommend approval of GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237 to the City 11 Council; and
12 WHEREAS, on May 12, 2020, the City Council conducted a duly noticed public hearing, 13 as required by law, on GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237, and 14 continued the hearing to June 9, 2020; and
15 WHEREAS, on June 9, 2020, the City Council conducted a duly noticed public hearing, 16 as required by law, on GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237, took 17 testimony, at which time it received input from staff, the city attorney, and the applicant; heard 18 public testimony, discussed GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237; and 19 closed the public hearing; and
20 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 21 NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
22 SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the 23 recitals above of this Resolution are true and correct and incorporated herein. 24 SECTION 2. Based on substantial evidence presented to the City Council during the public 25 hearing conducted with regard to GPA No. 2019-0007, including written staff reports, verbal 26 testimony, project plans, other documents, and the conditions of approval stated herein, the City 27 Council hereby determines that GPA No. 2019-0007 satisfies the requirements of Government Code 28 -2-
. Docusign Envelope ID: A8042698-498B-467D-9FOE-5EOA9951E7DA 1 Section 65358 pertaining to the findings which must be made precedent to amending a General Plan. 2 The findings are as follows:
3 4 That the proposed General Plan Amendment is in the public interest. 5 This finding is supported by the following facts:
6 The Site is surrounded on the north and east by existing single-family residential 7 8
nearby area, including: (i) the adjacent Wagon Wheel neighborhood, which is scheduled to 9 begin construction soon, (ii) Pepper Ridge, which is located approximately 650 feet to the east 10 of the project site, and (iii) California Knolls, which is located approximately 75 feet to the northwest of the project site. The Project will facilitate the development of detached single- 11 family residences in keeping with the character of the surrounding area. 12 The Project will facilitate the development of a neighborhood consisting of fifty-two (52) 13 detached single-family residences. Any member of the public seeking to purchase a new home will be provided an opportunity to acquire a new high-quality residence within a high- 14 quality, well-maintained, gated neighborhood. An increase in the number of owner-occupied 15 single-family residences will likely positively affect the median income of the City of Rialto, albeit insignificantly. Furthermore, the development of fifty-two (52) detached single-family 16 residences will contribute to an increase in revenues collected in form of permit fees, development impact fees, sales tax, and property tax. In addition, the Site is mostly vacant 17 unimproved land, with the exception of one (1) single-family residence and an abandoned 18 poultry farm, and the general plan amendment and development of single-family residences will reduce existing blight and adverse effects of an empty, vacant lot, and an abandoned 19 poultry farm surrounded by urban uses.
20 SECTION 3. An Initial Study (analyzing applicant's prior development of 60 single family 21 lots and accompanying residences) and an accompanying Consistency Analysis Memorandum 22 23 (analyzed the current development of 52 single family lots and accompanying residences) (Environmental Assessment Review No. 2019-0082) has been prepared for GPA No. 2019-0007 in 24 25 accordance with the California Environmental Quality Act (CEQA). Based on the findings and 26 recommended mitigation with the Initial Study, staff determined that the project will not have an 27 adverse impact on the environment, provided that mitigation measures are implemented, and a 28 Mitigated Negative Declaration was prepared. The local newspaper published a copy of the Notice -3-
DocuSign Envelope ID: A8042698-498B-467D-9FOE-5E0A9951E7DA 1 of Intent to adopt the Mitigated Negative Declaration for the project, and the City mailed the notice 2 to all property owners within 300 feet of the project site for a public comment period held from June 3 20, 2019 to July 9, 2019. The Mitigated Negative Declaration was prepared in accordance with 4 CEQA. Based on the Initial Study, Mitigated Negative Declaration, and accompanying Consistency 5 Analysis Memorandum, which found that the reduction in the number of dwelling units proposed will 6 serve to reduce the previously determined less than significant impacts analyzed by the prior proposal 7 even further, the City Council hereby adopts the Mitigated Negative Declaration and directs the 8 Planning Division to file the necessary documentation with the Clerk of the Board of Supervisors for 9 San Bernardino County.
10 11 SECTION 4. The City Council hereby approves GPA No. 2019-0007 to change the land 12 use designation of the Site from Residential 2 with an Animal Overlay to Residential 6, in accordance 13 with the applications on file with the Planning Division, subject to the following conditions:
14 1. GPA No. 2019-0007 is approved changing the land use designation of approximately 3.92 15 acres of land (APN: 0131-131-23) located on the east side of Acacia Avenue 16 approximately 775 feet north of Randall Avenue, and described in the legal description attached as Exhibit A, from Residential 2 with an Animal Overlay to Residential 6. If the 17 Conditions of Approval specified herein are not satisfied or otherwise completed, the Project shall be subject to revocation.
18 19 2. City inspectors shall have access to the Site to reasonably inspect the Site during normal working hours to assure compliance with these conditions and other codes. 20 3. The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, 21 officers, or employees from any claims, damages, action, or proceeding against the City 22 or its agents, officers, or employees to attack, set aside, void, or annul any approval of the City, its advisory agencies, appeal boards, or legislative body concerning GPA No 23 2019-0007. The City will promptly notify the applicant of any such claim, action, or proceeding against the City, and applicant will cooperate fully in the defense. 24 25 4. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedications, reservations, or exactions for this Project, if any, are 26 subject to protest by the applicant at the time of approval or conditional approval of the Project or within 90 days after the date of the imposition of the fees, dedications, 27 reservations, or exactions imposed on the Project.
28 -4-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA
5. The applicant shall annex the Site within a Community Facilities District to offset operational costs to the City's General Fund associated with GPA No. 2019-0007, prior 2 to the issuance of any building permits.
3 6. The applicant shall comply with all conditions of approval contained in ZC No. 2019- 4 0005 and TTM No. 20237, to the extent they are not in conflict with any condition of approval herein.
5 SECTION 5. The Mayor shall sign the passage and adoption of this resolution and 6 thereupon the same shall take effect and be in force. 8 PASSED, APPROVED AND ADOPTED this_9th day of June. 2020. 9 10
DEBORAH ROBERTSON, Mayor
13 14
15 16
ATTEST:
17 18
Barbara d. MeGu
20 BARBARA MCGEE, City Clerk
21 22
APPROVED AS TO FORM:
23 24 Evic Vail
25 ERIC S. VAIL, Interim City Attorney
26 Burke, Williams & Sorensen, LLP
27 28
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA
STATE OF CALIFORNIA )
1 COUNTY OF SAN BERNARDINO ) SS
2 CITY OF RIALTO )
3 4 1, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing 5 Resolution No. 7612 was duly passed and adopted at a regular meeting of the City Council of 6 the City of Rialto held on the gth day of June 2020.
7 Upon motion of Councilmember Scott, seconded by Councilmember Baca Jr., the foregoing 8 Resolution No. 7612 was duly passed and adopted.
9 Vote on the motion:
10 AYES: Mayor Robertson, Council Member Scott, Trujillo, Carrizales and Baca Jr. 11 NOES: None
12 ABSENT: None
13 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 14 Rialto this 10th _day of June - 2020.
15 16
17 Barbara A. McGu
18 BARBARA MCGEE, CITY CLERK
19 20
21 22
23 24
25 26
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 RESOLUTION NO. 7613
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 RIALTO, CALIFORNIA, APPROVING TENTATIVE TRACT
MAP NO. 2019-0004 (TTM NO. 20237) TO ALLOW THE
4 SUBDIVISION OF 8.67 ACRES OF LAND (APNS: 0131-131-13, - 5 14, & - 23) LOCATED ON THE EAST SIDE OF ACACIA AVENUE APPROXIMATELY 775 FEET NORTH OF RANDALL AVENUE
6 INTO FIFTY-TWO (52) SINGLE-FAMILY LOTS AND NINE (9)
COMMON LOTS FOR PRIVATE STREETS, COMMON OPEN
7 SPACE, LANDSCAPING, AND STORMWATER DETENTION.
8 9 WHEREAS, the applicant, Asian Pacific, Inc., proposes to subdivide 8.67 acres of land 10 (APNs: 0131-131-13, -14, & -23) located on the east side of Acacia Avenue approximately 775 11 feet north of Randall Avenue, described in the legal description attached as Exhibit A, ("Site") into 12 fifty-two (52) single-family lots and nine (9) common lots for private streets common open space, 13 landscaping, and stormwater detention ("Project"); and 14 WHEREAS, in conjunction with the Project, the applicant has also submitted General Plan 15 Amendment No. 2019-0007 to change the land use designation of the southern parcel (APN: 0131- 16 131-23) of the Site ("GPA Site"), described in the legal description attached as Exhibit B, from 17 Residential 2 with an Animal Overlay to Residential 6 ("GPA No. 2019-0007"); and 18 WHEREAS, in conjunction with the Project, the applicant has also submitted Zone 19 Change No. 2019-0005 to change the zoning designation of the Site, as described in the legal 20 description attached as Exhibit A, to Multi-Family Residential (R-3) ("ZC No. 2019-0005"); and 21 WHEREAS, the Project will create fifty-two (52) detached single-family lots in 22 accordance with the development standards of the R-3 zone and nine (9) common lots in 23 accordance with the development standards of the R-3 zone; and 24 WHEREAS, in conjunction with the Project, the applicant will also develop one (1) 25 detached single-family residence on each of the fifty-two (52) single-family lots on the Site; and 26 WHEREAS, the Project within the R-3 zone requires the approval of a tentative tract map, 27 and the applicant has agreed to apply for a Tentative Tract Map No. 2019-0004, also referred to as 28 -1-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 Tentative Tract Map No. 20237, ("TTM No. 20237"), in accordance with the Subdivision Map 2 Act (Government Code §§ 66410 et seq.); and
3 WHEREAS, on February 26, 2020, the Planning Commission of the City of Rialto 4 conducted a duly noticed public hearing, as required by law, on TTM No. 20237, GPA No. 2019- 5 0007, and ZC No. 2019-0005, took testimony, at which time it received input from staff, the city 6 attorney, and the applicant; heard public testimony; discussed the proposed TTM No. 20237, GPA 7 No. 2019-0007, and ZC No. 2019-0005; and closed the public hearing; and 8 WHEREAS, on February 26, 2020, the Planning Commission voted 6-0 (1 absence) to 9 recommend approval of TTM No. 20237, GPA No. 2019-0007, and ZC No. 2019-0005 to the City 10 Council; and
11 WHEREAS, on May 12, 2020, the City Council conducted a duly noticed public hearing, 12 as required by law, on TTM No. 20237, GPA No. 2019-0007, and ZC No. 2019-0005, and 13 continued the hearing to June 9, 2020; and
14 WHEREAS, on June 9, 2020, the City Council conducted a duly noticed public hearing, 15 as required by law, on TTM No. 20237, GPA No. 2019-0007, and ZC No. 2019-0005, took 16 testimony, at which time it received input from staff, the city attorney, and the applicant; heard 17 public testimony, discussed TTM No. 20237, GPA No. 2019-0007, and ZC No. 2019-0005; and 18 closed the public hearing; and
19 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 20 NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
21 SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the 22 recitals above of this Resolution are true and correct and incorporated herein. 23 SECTION 2. Based on substantial evidence presented to the City Council during the public 24 hearing conducted with regard to TTM No. 20237, including written staff reports, verbal testimony, 25 project plans, other documents, and the conditions of approval stated herein, the City Council hereby 26 determines that TTM No. 20237 satisfies the requirements of Government Code Sections 66473.5 27 and 66474 and Section 17.16.070 of the Rialto Municipal Code pertaining to the findings which must 28 be made precedent to amending a General Plan. The findings are as follows:
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 That the proposed tentative tract map is consistent with the General Plan of the City 2 of Rialto and the Multi-Family Residential (R-3) zone, as applicable; and 3 This finding is supported by the following facts:
4 GPA No. 2019-0007, prepared in conjunction with the Project, will change the land use 5 designation of the southern parcel (APN: 0131-131-23) of the Site to Residential 6. The two (2) northern parcels (APNs: 0131-131-13 & -14) of the Site contain a land use designation of 6 Residential 6. ZC No. 2019-0005, prepared in conjunction with the Project, will change the 7 zoning designation of the Site to R-3. The allowable density range within the Residential 6 land use designation is 2.1 to 6.0 dwelling units per acre. The R-3 zone allows for a density 8 up to 21.0 dwelling units per acre. The proposed density of the Site, as a result of the Project, is 5.99 dwelling units per acre, which is consistent with the Residential 6 land use designation 9 and the R-3 zoning designation.
10 Furthermore, the R-3 zone requires a minimum gross site area of 1.0 acres. The area of the 11 Site is 9.03 gross acres (8.67 net acres), which exceeds the minimum required. No minimum 12 individual lot sizes are specified within the development standards of the R-3 zone. As it pertains to the tentative tract map, the proposed subdivision of the Site is consistent with the 13 R-3 zone and the Residential 6 land use designation. 14 2. That the design and improvements of the proposed tentative tract map are consistent 15 with the Subdivision Ordinance, the General Plan of the City of Rialto, and the Multi- Family Residential (R-3) zone; and
16 This finding is supported by the following facts:
17 18 The Project will comply with all of the technical standards required by Subdivision Map Act.
Additionally, the Project is consistent with the proposed R-3 zone and the proposed and 19 existing Residential 6 land use designation, as all of the development standards for the R-3 zone and the density requirements of the Residential 6 land use designation are satisfied within 20 the Project.
21 An existing portion of Acacia Avenue will provide the primary access to the Project. A new 22 distinctive entryway, featuring a landscaped median, decorative paving, and signage, Will be located near the center of the Acacia Avenue street frontage. The applicant will also install a 23 secondary emergency-exit only driveway at the south end of the Acacia Avenue street 24 frontage. Access within the Project will be provided by a new private street system throughout the inside of the project site.
25 26 That the site is physically suitable for the type of proposed development; and 27 This finding is supported by the following facts:
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 The Site is a relatively flat, rectangular, expansive in size, and development of the land should be easily accommodated. The applicant will be required to submit a 2 geotechnical/soils report to the Public Works Department for review and approval prior to issuance of any building permits.
3 4 4. That the site is physically suitable for the proposed density of the development; and 5 This finding is supported by the following facts:
6 The Site is 8.67 net acres in size. Upon the completion of GPA No. 2019-0007 and ZC No. 7 2019-0005 the maximum density allowed on the Site will be 6.0 dwelling units per acre. The acreage of the Site is suitable to accommodate the proposed density of 5.99 dwelling units per 8 acre.
9 That the design of the land division is not likely to cause substantial environmental 10 damage or substantially injure fish, wildlife, or their habitat; and 11 This finding is supported by the following facts:
12 According to Section 4.4.2 of the General Plan Environmental Impact Report, the Site is 13 designated as a habitat for the endangered Delhi Sands Flower-Loving Fly (DSF). However, the applicant hired Powell Environmental Consultants to conduct surveys of the Site in 2017, 14 2018, and 2019 to determine if the DSF was present on the Site. Each survey determined that 15 the DSF was not present on the Site. A condition of approval contained herein requires the applicant to provide the Planning Division with documentation of clearance from the United 16 States Fish & Wildlife Services prior to the commencement of any ground disturbance activities on the Site. Additionally, the initial study prepared for the Project determined that 17 the Site did not contain suitable habitat for any other known threatened or endangered species, 18 including the Burrowing Owl and the San Bernardino Kangaroo Rat. 19 6. That the design of the land division is not likely to cause serious public health problems; and
20 21 This finding is supported by the following facts:
22 The Site is bound on the west by Acacia Avenue. To the north of the project site is an existing single-family residential neighborhood built in 1970. To the cast of the project 23 site is a single-family residential neighborhood built from 1990 to 1992 and located within 24 the City of San Bernardino. To the south is approximately 6.80 acres of vacant land recently approved for the development of fifty (50) single-family residences as a part of 25 the Wagon Wheel residential project by R.C. Hobbs Company, Inc., and to the west, both 26 adjacent to the project site and across Acacia Avenue, are several rural single-family residences. The current zoning of the project site is a mix of Agricultural (A-1) and Single- 27 Family Residential (R-1C). The zoning of the properties to the north is Single-Family Residential (R-1C), the zoning of the property to the south is Multi-Family Residential (R- 28 3), and the zoning of the properties to the west is Agricultural (A-1). The proposed -4-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 detached single-family development pertaining to the land division is consistent with all nearby land uses. Construction impacts will be limited through the strict enforcement of 2 the allowable construction hours listed in Section 9.50.070 of the Rialto Municipal Code, as well as enforcement of regular watering of the Site to limit airborne dust and other 3 particulate matter. Operationally, generally speaking, detached single-family dwellings 4 have little to no impact on the environment and on surrounding properties, specifically with respect to air quality, noise, and traffic. The Project is not likely to cause any public health 5 problems.
6 7.
That the design of the land division or proposed improvements will not conflict with 7 easements, acquired by the public at large, for access through or use of, property within the proposed land division.
8 This finding is supported by the following facts:
9 10 Four (4) easements exist on or in relation to the Site. The first two (2) casements are in relation to land dedicated to the City of Rialto for road, street, highway, and other incidental purposes. 11 Both of these easements will remain unaffected by the Project. The third easement is in favor 12 of the Semi-Tropic Land and Water Company and dates back to December 24, 1890. The fourth involves various agreements, conditions, and reservations as to water and rights-of- 13 way and easements of undisclosed route and width, as set forth in a deed from John H.
Carruthers to the Fontana Development Company recorded on March 30, 1901. The locations 14 of the third and fourth easements cannot be determined from the record information. 15 16 SECTION 3. An Initial Study (analyzing the prior development of 60 single family lots and accompanying residences) and an accompanying Consistency Analysis Memorandum (analyzing the 17 18 current development of 52 single family lots and accompanying residences) (Environmental 19 Assessment Review No. 2019-0082) has been prepared for GPA No. 2019-0007 in accordance with 20 the California Environmental Quality Act (CEQA). Based on the findings and recommended 21 mitigation with the Initial Study, staff determined that the project will not have an adverse impact on 22 the environment, provided that mitigation measures are implemented, and a Mitigated Negative 23 Declaration was prepared. The local newspaper published a copy of the Notice of Intent to adopt the 24 Mitigated Negative Declaration for the project, and the City mailed the notice to all property owners 25 within 300 feet of the project site for a public comment period held from June 20, 2019 to July 9, 26 2019. The Mitigated Negative Declaration was prepared in accordance with CEQA. Based on the 27 Initial Study, Mitigated Negative Declaration, and Consistency Analysis Memorandum, which found 28 -5-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 that the reduction in the number of dwelling units proposed will serve to reduce the previously 2 determined less than significant impacts analyzed by the prior proposal even further, the City Council 3 hereby adopts the Mitigated Negative Declaration and direct the Planning Division to file the 4 necessary documentation with the Clerk of the Board of Supervisors for San Bernardino County. 5 SECTION 4. The City Council hereby approves TTM No. 20237, in conjunction with GPA 6 No. 2019-0007 and ZC No. 2019-0005, to allow the subdivision of 8.67 acres of land (APNs: 0131- 7 131-13, -14, & -23) located on the east side of Acacia Avenue approximately 775 feet north of Randall 8 Avenue, described in the legal description attached as Exhibit A, into fifty-two (52) detached single- 9 family lots and nine (9) common lots for private streets, common open space, landscaping, and 10 11 stormwater detention, in accordance with the application on file with the Planning Division, subject to the following conditions:
12 13 1. TTM No. 20237 is approved allowing the subdivision of 8.67 net acres of land (APNs:
0131-131-13, -14, & - 23) located on the cast side of Acacia Avenue approximately 775 14 feet north of Randall Avenue, described in the legal description attached as Exhibit A, 15 into fifty-two (52) single-family residential lots and nine (9) common lots for private streets, common open space, landscaping, and stormwater detention, as shown on the 16 tentative map submitted to the Planning Division on February 15, 2020, and as approved by the Planning Commission and City Council. If the Conditions of Approval specified 17 herein are not satisfied or otherwise completed, the Project shall be subject to revocation 18 2. Prior to the issuance of building or grading permits for the proposed development, a 19 Precise Plan of Design shall be approved by the City's Development Review Committee (DRC).
20 21 3. City inspectors shall have access to the Site to reasonably inspect the Site during normal working hours to assure compliance with these conditions and other codes. 22 23 4. The applicant shall defend, indemnify and hold harmless the City of Rialto, its agents, officers, or employees from any claims, damages, action, or proceeding against the City 24 or its agents, officers, or employees to attack, set aside, void, or annul any approval of ne City, its advisory agencies, appeal boards, or legislative body concerning TIM No 25 0237. The City will promptly notify the applicant of any such claim, action, o 26 proceeding against the City, and applicant will cooperate fully in the defense. 27 5. In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of tees, dedications, reservations, or exactions for this Project, if any, are 28 subject to protest by the applicant at the time of approval or conditional approval of the -6-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA Project or within 90 days after the date of the imposition of the fees, dedications, 1 reservations, or exactions imposed on the Project.
2 6. Approval of Tentative Tract Map No. 20237 will not be valid until such time that the City 3 Council of the City of Rialto has approved General Plan Amendment No. 2019-0007 and 4 Zone Change No. 2019-0005, which were prepared in conjunction with the Project. 5 7. The applicant shall annex the Site within a Community Facilities District to offset operational costs to the City's General Fund associated with TTM No. 20237, prior to the 6 issuance of any building permits.
7 8. The applicant shall complete and abide by all mitigation measures contained within the 8 Mitigation Monitoring and Reporting Program associated with Environmental Assessment Review No. 2019-0082 prior to issuance of any Certificate of Occupancy. g
10 9. The applicant shall secure the services of a tribal cultural monitor to be present during all ground disturbance activities associated with the construction of this project. The tribal 11 cultural monitor shall be approved by the Gabrieleño Band of Mission Indians-Kizh 12 Nation, and documentation of coordination between the applicant and the Gabrieleño Band of Mission Indians-Kizh Nation on this matter shall be provided to the Planning Division prior to the issuance of a grading permit.
14 10. The applicant shall provide documentation indicating clearance from the United States 15 Fish & Wildlife Service in regards to the Delhi Sands Flower-Loving Fly (DSF) prior to the commencement of any ground disturbance activities and prior to the issuance of a 16 rough or precise grading permit.
17 11. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) for a Home 18 Owners Association (H.O.A.) to the Planning Division for review and approval by the City Attorney, at applicant's cost, prior to recordation of the Final Map. 19 12. The applicant shall include language within the CC&R's that prohibits property owners 20 and/or residents from converting their garage or using it for any purpose other than the 21 parking of vehicles.
22 13. The applicant shall construct a minimum six (6) foot high solid decorative masonry block wall around the perimeter of the project, or as approved by the Planning Division, prior to 23 the issuance of any certificate of occupancy. Decorative masonry block means tan 24 slumpstone block, tan split-face block, or precision block with a stucco, plaster, or cultured stone finish. All decorative masonry block walls shall include a decorative cap. 25 Pilasters shall be incorporated within the all block walls. The pilasters shall be spaced a maximum of fifty (50) feet and shall be placed at all corners and ends of the wall. All 26 pilasters shall protrude a minimum of six (6) inches above and at least six (6) inches to 27 the side of the wall. All pilasters shall include a decorative cap. 28 -7-
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 14. The private streets within the development shall be named as shown on the tentative map, and as follows:
2 a. The entryway shall be named "Stanton Way".
3 b. The westerly north-south street shall be named "Encina Avenue". 4 c. The center north-south street shall be named "Sumac Lane". d. The casterly north-south street shall be named "Pine Avenue". 5 e. The northerly east-west street shall be named "Vodden Street". f. The southerly east-west street shall be named "Alru Street". 6 15. The applicant shall pay all applicable development impact fees in accordance with the current City of Rialto fee ordinance, including any Transportation and Traffic Fair Share 8 Contribution fees, as applicable.
16. The applicant shall apply for annexation of the underlying property into City of Rialto 10 Landscape and Lighting Maintenance District No. 2 ("LLMD 2"). An application fee of $5,000 shall be paid at the time of application. Annexation into LLMD 2 is a condition 11 of acceptance of any new median, parkway, and/or easement landscaping, or any new 12 public street lighting improvements, to be maintained by the City of Rialto. 13 17. The applicant shall submit off-site landscaping and irrigation system improvement plans for review and approval at the time of first (15) public improvement plan submittal to the 14 Public Works Department. The parkway irrigation system shall be separately metered 15 from the on-site private irrigation to be maintained for a period of one (1) year and annexed into a Special District. The off-site landscape and irrigation plans must show 16 separate electrical and water meters to be annexed into the Landscape and Lighting Maintenance District No. 2 via a City Council Public Hearing. The landscape and 17 irrigation plans shall be approved concurrently with the street improvement plans, 18 including the median portion, prior to issuance of a building permit. The landscaping architect must contact the City of Rialto Landscape Contract Specialist at (909) 772-2635 19 to ensure all landscape and irrigation guidelines are met prior to plan approval. Electrical and water irrigation meter pedestals must not be designed to be installed at or near street 20 intersections or within a raised median to avoid burdensome traffic control set-up during 21 ongoing maintenance.
22 18. The applicant shall guarantee all new parkway landscaping irrigation for a period of one 23 (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material 24 to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. The applicant must contact the City of Rialto Landscape 25 Contract Specialist at (909) 772-2635 to confirm a full twelve (12) months' time of non- interrupted ongoing maintenance.
26 27 19. The applicant shall install City Engineer approved deep root barriers, in accordance with the Public Works Landscape and Irrigation Guidelines, for all trees installed within ten 28 (10) feet of the public sidewalk and/or curb.
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 20. All new street lights shall be installed on an independently metered, City-owned 2 underground electrical system. The developer shall be responsible for applying with Southern California Edison ("SCE") for all appropriate service points and electrical 3 meters. New meter pedestals shall be installed, and electrical service paid by the 4 developer, until such time as the underlying property is annexed into LLMD 2. 5 21. The applicant shall submit street improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans shall be 6 approved by the City Engineer prior to the approval of Tract Map No. 20237. 7 22. The applicant shall submit street light improvement plans by a registered California civil 8 engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the approval of Tract Map No. 20237. 9 23. The applicant shall submit sewer improvement plans by a registered California civil engineer to the Public Works Engineering Division for review. The plans. shall be 11 approved by the City Engineer prior to the approval of Tract Map No. 20237. 12 24. The applicant shall submit traffic and signage improvement plans by a registered 13 California civil engineer to the Public Works Engineering Division for review. The plans shall be approved by the City Engineer prior to the approval of Tract Map No. 20237. 14 15 25. The applicant shall submit copies of approved water improvement plans prepared by a registered California civil engineer to the Public Works Engineering Division for record 16 purposes. The plans shall be approved by Rialto Water Services, the City's water purveyor, prior to the approval of Tract Map No. 20237. 17 18 26. The applicant shall submit a Precise Grading/Paving Plan prepared by a California registered civil engineer to the Public Works Engineering Division for review and 19 approval. The Grading Plan shall be approved by the City Engineer prior to approval of Tract Map No. 20237 and prior to the issuance of any building permit. 20 21 27. The applicant shall submit a Geotechnical/Soils Report, prepared by a California registered Geotechnical Engineer, for and incorporated as an integral part of the grading 22 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be 23 submitted to the Public Works Engineering Division with the first submittal of the Precise Grading Plan.
24 28. The public and street improvements outlined in these conditions of approval are intended 25 to convey to the developer an accurate scope of required improvements, however, the City 26 Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required 27 by these conditions.
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DocuSign Envelope ID: A8042698-498B-467D-9FOE-5E0A9951E7DA 1 29. The applicant shall construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site 2 construction activities are complete. Unless the City Engineer provide prior authorization, paving of streets in one lift prior to completion of on-site construction is not allowed. If 3 City Engineer authorized, completion of asphalt concrete paving for streets prior to 4 completion of on-site construction activities, requires additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and 5 replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs. 6 30. The applicant shall repair all street cuts for utilities in accordance with City Standard SC- 7 231 within 72 hours of completion of the utility work; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section tollowed 8 by placement of standard base course material in accordance with the Standard Specifications for Public Work Construction ("Greenbook"). The base course material 9 shall be placed the full height of the structural section to be flush with the existing 10 pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.
11 31. The applicant shall backfill and/or repair any and all utility trenches or other excavations 12 within existing asphalt concrete pavement of off-site streets resulting from the proposed 13 development, in accordance with City of Rialto Standard Drawings. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete 14 pavement of off-site streets including pavement repairs in addition to pavement repairs 15 made by utility companies for utilities installed for the benefit of the proposed development (i.e. Fontana Water Company, Southern California Edison, Southern 16 California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting 17 from the proposed development may require complete grinding and asphalt concrete 18 overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better 19 than what existed prior to construction of the proposed development. 20 32. The applicant shall install underground all existing electrical distribution lines of sixteen 21 thousand volts or less and overhead service drop conductors, and all telephone, televisior cable service, and similar service wires or lines, which are on-site, abutting, and/o 22 transecting the site, in accordance with Chapter 15.32 of the Rialto Municipal Code.
Utility undergrounding shall extend to the nearest off-site power pole. Unless City 23 Engineer approved, no new power poles shall be installed. A letter from the owners of 24 the affected utilities shall be submitted to the City Engineer prior to approval of the Precise Grading/Paving Plan, informing the City that they have been notified of the City's utility 25 undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted 26 to the City Engineer identifying all above ground facilities in the area of the project to be 27 28
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 33. The applicant shall replace all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed 2 development prior to the issuance of a Certificate of Occupancy. 3 34. The applicant shall provide construction signage, lighting and barricading during all 4 phases of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in accordance 5 with Part 6 "Temporary Traffic Control" of the 2014 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction. 6 7 35. Upon approval of any improvement plan by the City Engineer, the applicant shall provide the improvement plan to the City in digital format, consisting of a DWG (AutoCAD 8 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City 9 may be authorized, upon prior approval by the City Engineer. 10 36. The applicant shall construct and include in the project design any and all Transportation 11 Commission recommended improvements.
12 37. The applicant shall construct 4-inch conduit within the parkway area along the entire 13 project frontage of Acacia Avenue for future use.
14 38. The applicant shall dedicate additional right-of-way along the entire frontage of Willow 15 Avenue, as necessary, to provide the ultimate half-width of 32 feet, as required by the City Engineer.
39. The applicant shall dedicate a property line corner cutback at the northeast and southeast 17 corners of the intersection of Acacia Avenue and Stanton Way, in accordance with City 18 Standard SC-235, as required by the City Engineer.
19 40. The applicant shall construct a curb ramp meeting current California State Accessibility standards at both the northeast and southeast corners of the intersection of Acacia Avenue 20 and Stanton Way, in accordance with the City of Rialto Standard Drawings. 21 41. The applicant shall construct a new underground electrical system for public street 22 lighting improvements along the project frontage of Acacia Avenue, as determined necessary by the City Engineer. New marbelite street light poles with LED light fixtures shall be installed in accordance with City of Rialto Standard Drawings. 24 42. The applicant shall remove existing pavement and construct new pavement with a 25 minimum pavement section of 4 inches asphalt concrete pavement over 6 inches crushed 26 aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire frontage of Acacia Avenue in accordance with City of Rialto 27 Standard Drawings. The pavement section shall be determined using a Traffic Index ("TI") of 6. The pavement section shall be designed by a California registered 28 Geotechnical Engineer using "R" values from the project site and submitted to the City -11-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 Engineer for approval. Pavement shall extend from clean sawcut edge of pavement at centerline.
2 43. The applicant shall install "No Stopping Anytime" R26A(S)(CA) signage along the entire 3 project frontage of Acacia Avenue, as required by the City Engineer. 4 44. All broken or off-grade street and sidewalk improvements along the project frontage of 5 Acacia Avenue shall be repaired or replaced, as required by the City Engineer. 6 45. The applicant shall connect the project to the City of Rialto sewer system and apply for a sewer connection account with Rialto Water Services.
8 46. The applicant shall provide certification from Rialto Water Services that demonstrates that all water and/or wastewater service accounts for the project are documented, prior to 9 the issuance of a Certificate of Occupancy or final inspection approval from the Public 10 Works Engineering Division.
11 47. Domestic water service to the underlying property is provided by Rialto Water Services 12 (KWS). The applicant shall be responsible for coordinating with RWS and complying with all requirements for establishing domestic water service to the property. The design 13 must include fire hydrants along Acacia Avenue.
14 48. The applicant shall install a new domestic water line lateral connection to the main water 15 line within Acacia Avenue, pursuant to the Rialto Water Services requirements. A water line plan shall be approved by Rialto Water Services prior to approval of Tract Map No. 16 20237.
17 49. The development of the site is subject to the requirements of the National Pollution 18 Discharge Elimination System (NPDES) Permit for the City of Rialto, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to 19 the NPDES Permit, the applicant shall ensure development of the site incorporates post- construction Best Management Practices ("BMPs") in accordance with the Model Water 20 Quality Management Plan ("WQMP") approved for use for the Santa Ana River 21 Watershed. The applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to 22 the City Engineer for review and approval.
23 50. The applicant shall submit a Water Quality Management Plan identifying site specific 24 Best Management Practices ("BMPs") in accordance with the Model Water Quality Management Plan ("WQMP") approved for use for the Santa Ana River Watershed. The 25 site specific WQMP shall be submitted to the City Engineer for review and approval with 26 the Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owners) to appropriate operation and maintenance obligations of on-site BMP's 27 constructed pursuant to the approved WOMP. The WOMP and Maintenance Agreement shall be approved prior to the issuance of any building permit and shall be recorded at the 28 -12-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 San Bernardino County Recorder's Office prior to the issuance of a Certificate of Occupancy.
2 51. The applicant shall prepare a Notice of Intent (NOD) to comply with the California General 3 Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified 4 September 2, 2009) is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge 5 Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. The applicant's contractor shall prepare and maintain a 6 Storm Water Pollution Prevention Plan ("SWPPP") as required by the General 7 Construction Permit. All appropriate measures to prevent erosion and water pollution during construction shall be implemented as required by the SWPPP. 8 52. All stormwater runoff passing through the site shall be accepted and conveyed across the 9 property in a manner acceptable to the City Engineer. For all stormwater runoff falling 10 on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the 11 property. Provide a hydrology study to determine the volume of increased stormwater 12 runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other 13 stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site 14 configuration or layout consistent with the findings of the final hydrology study. The 15 volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing "pre-developed" condition and proposed "developed" condition, using the 16 100-year frequency storm.
17 53. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the 18 adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor 19 storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through 20 parkway or under sidewalk drains. All on-site and off-site designs must comply with 21 NPDES stormwater regulations.
22 54. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved Precise Grading/Paving Plan to the Engineering Division 23 prior to the construction of any building foundation. 24 55. Prior to the issuance of a certificate of occupancy or final City approvals, the applicant 25 shall demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved 26 WQMP.
27 28
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 56. The applicant shall adhere to the City Council approved franchise agreements and disposal requirements during all construction activities, in accordance with Section 8.08 Refuse 2 Collection of the City of Rialto Municipal Code.
3 57. Prior to commencing with any grading, the applicant shall implement the required erosion 4 and dust control measures shall be in place. In addition, the following shall be included if not already identified:
5 a. 6 foot high tan colored perimeter screened fencing 6 b. Contractor information signage including contact information along the street 7 frontage of Foothill Boulevard, Spruce Avenue, Larch Avenue, and Grove Avenue.
8 c. Post dust control signage with the following verbiage: "Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) 9 XXX-XXX, If you do not receive a response, please call the AQMD at 1-800- 10 CUT-SMOG/1-800-228-7664"
11 58. The applicant shall remove any graffiti within 24 hours, before, during, and post construction.
12 13 59. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" 14 information and returned to the Engineering Division prior to issuance of a final certificate 15 of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 16 60. The applicant shall submit a final tract map (Tract Map No. 20237), prepared by a 17 California registered Land Surveyor or qualified Civil Engineer, to the Public Works 18 Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots 19 created therefrom, and copies of record documents shall be submitted with Tract Map No. 20237 to the Public Works Engineering Division as part of the review of the Map. Tract 20 Map No. 20237 shall be approved by the City Council prior to issuance of any building 21 permits.
22 61. In accordance with Government Code 66462, all required public improvements shall be completed prior to the approval of a final map (Tract Map No. 20237). Alternatively, the 23 applicant may enter into a Subdivision Improvement Agreement to secure the cost of all 24 required public improvements at the time of requesting the City Engineer's approval of Tract Map No. 20237. If a Subdivision Improvement Agreement is requested by the 25 applicant, a fee of $2,000 shall be paid for preparation and processing of the Subdivision Improvement Agreement. The applicant will be required to secure the Subdivision 26 Improvement Agreement pursuant to Government Code 66499 in amounts determined by 27 28 62. The applicant shall comply with all other applicable State and local ordinances. -14-
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 63. The applicant shall comply with all conditions of approval contained in GPA No. 2019- 2 0007 and ZC No. 2019-0005, to the extent they are not in conflict with any condition of approval herein.
3 4 64. Pursuant to Section 17.16.050A of the Rialto Municipal Code, approval of TTM No. 20237 is granted for a period of twenty-four (24) months from the effective date of this 5 resolution. Pursuant to Section 17.16.050C of the Rialto Municipal Code, an extension of time for TTM No. 20237 may be granted by the Planning Commission for a period 6 or periods not to exceed a total of thirty-six (36) months. The period or periods of 7 extension shall be in addition to the original twenty-four (24) months. An application shall be filed with the Planning Division for each extension together with the required 8 fee prior to the expiration date of TTM No. 20237.
9 10 SECTION 5. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
12 PASSED, APPROVED AND ADOPTED this_ 9th _ day of June, 2020. 13 14
15 DEBORAH ROBERTSON, Mayor
16 17
18 ATTEST:
Barbara d. MuGu
20 21 BARBARA MCGEE, City Clerk
22 23 APPROVED AS TO FORM:
24 Eric Vail
25 ERIC S. VAIL, Interim City Attorney
26 Burke, Williams & Sorensen, LLP
27 28
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA
STATE OF CALIFORNIA )
1 COUNTY OF SAN BERNARDINO
) SS
2 CITY OF RIALTO )
3 4 I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing 5 Resolution No. 7613 _was duly passed and adopted at a regular meeting of the City Council of 6 the City of Rialto held on the gth _day of June - 2020.
Upon motion of Councilmember Scott, seconded by Councilmember Baca Jr., the 8 foregoing Resolution No. 7613 _was duly passed and adopted. 9 Vote on the motion:
10 AYES: Mayor Robertson, Council Member Scott, Trujillo, Carrizales and Baca Jr.
NOES: None
12 ABSENT: None
13 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 14 Rialto this 10th _day of June, 2020.
16 17
Barbara d. MiGu
18 BARBARA MCGEE, CITY CLERK
19 20
21 22
23 24
25 26
27 28
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DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 RESOLUTION NO. 7614
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 RIALTO, CALIFORNIA ADOPTING A MITIGATED NEGATIVE
DECLARATION (ENVIRONMENTAL ASSESSMENT REVIEW
4 NO. 2019-0082) FOR A PROJECT CONSISTING OF A
5 GENENERAL PLAN AMENDMENT, A ZONE CHANGE, AND A
TENTATIVE TRACT MAP FOR THE SUBDIVISION OF 8.67
6 ACRES OF LAND (APNS: 0131-131-13, -14, & - 23) LOCATED ON THE EAST SIDE OF ACACIA AVENUE APPROXIMATELY 775
FEET NORTH OF RANDALL AVENUE INTO FIFTY-TWO (52)
8 SINGLE-FAMILY LOTS AND NINE (9) COMMON LOTS, AND
THE DEVELOPMENT OF FIFTY-TWO (52) SINGLE-FAMILY
9 RESIDENCES THEREON.
10 WHEREAS, the applicant, Asian Pacific, Inc., proposes to subdivide 8.67 acres of land 11 (APNs: 0131-131-13, -14, & -23) located on the east side of Acacia Avenue approximately 775 12 feet north of Randall Avenue ("Site") into fifty-two (52) single-family lots and nine (9) common 13 lots ("Project"); and to construct fifty-two (52) single-family residences thereon; and 14 WHEREAS, in conjunction with the Project, the applicant has also submitted General Plan 15 Amendment No. 2019-0007 to change the land use designation of 3.92 acres of the Site, as 16 described in the legal description attached as Exhibit A, from Residential 2 (0.1-2.0 du/acre) with 17 an Animal Overlay to Residential 6 (2.1-6.0 du/acre) ("GPA No. 2019-0007"); and 18 WHEREAS, in conjunction with the Project, the applicant has also submitted Zone 19 Change No. 2019-0005 to change the zoning designation of the Site, as described in the legal 20 description attached as Exhibit B, from a mix of Agricultural (A-1) and Single-Family Residential 21 (R-1C) to Multi-Family Residential (R-3) ("ZC No. 2019-0005"); and 22 23 WHEREAS, the Project within the R-3 zone requires the approval of a tentative tract map, and the Applicant has agreed to apply for a Tentative Tract Map No. 2019-0004, also referred to 24 as Tentative Tract Map No. 20237, ("TTM No. 20237"), in accordance with the Subdivision Map 25 Act (Government Code §§ 66410 et seq.); and
26 WHEREAS, as part of the Project, the applicant will submit a Precise Plan of Design 27 application to allow the construction of fifty-two (52) single-family residences on the Site; and 28 -1-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 WHEREAS, pursuant to the provisions of the California Environmental Quality Act, 2 Public Resources Code Sections 21000 et. seq. (" CEQA"), the State's CEQA Guidelines, 3 California Code of Regulations, Title 14, Section 15000 et. seq., and Government Code Section 4 65962.5(f) (Hazardous Waste and Substances Statement), the City reviewed an Initial Study 5 (Environmental Assessment Review No. 2019-0082) prepared by Lilburn Corporation and 6 determined that there is no substantial evidence that the approval of the Project would result in a 7 significant adverse effect on the environment, provided appropriate mitigation measures are 8 imposed on the Project; thus, a Mitigated Negative Declaration was prepared and notice thereof 9 was given in the manner required by law; and
10 WHEREAS, the Initial Study analyzed the subdivision of the Site into sixty (60) single- 11 family lots and twelve (12) common lots, and the development of sixty (60) single-family 12 residences, as part of applicant's prior development that was considered by the Planning 13 Commission on July 31, 2019 but subsequently withdrawn in September, 2019; and 14 WHEREAS, a Notice of Intent to adopt the Mitigated Negative Declaration for the Project 15 was published in the San Bernardino Sun newspaper, and mailed to all property owners within 300 16 feet of the Project Site, and a twenty (20) day public comment period was held from June 20, 2019 17 to July 9, 2019; and
18 WHEREAS, one (1) comment letter was received from Mr. and Mrs. Renfro, which was 19 submitted on July 9, 2019; and
20 WHEREAS, the comment letter from Mr. and Mrs. Renfro expressed opposition to the 21 requested general plan amendment and zone change, and more specifically opined that the project 22 will create a significant amount of traffic, noise, and children attending local schools; and they 23 requested the preparation of a traffic study while the local schools are in session; and 24 WHEREAS, on July 11, 2019, the applicant submitted a response letter to the Planning 25 Division that noted that the traffic study prepared for the project was done while the local schools 26 were in session and considered school traffic as part of its study, and that the study determined that 27 the project will not create a significant impact related to traffic with the implementation of "fair- 28 share" payments towards future roadway improvements; and -2-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 WHEREAS, the Noise Impact Study prepared for the project indicated that the project 2 will not create any significant impact, as it relates to noise impacts, with the implementation of the 3 recommended mitigation measures including the installation of a six (6) foot high solid block wall 4 around the perimeter of the Site; and
5 WHEREAS, the Planning Division engaged the Rialto Unified School District (RUSD) 6 during the CEQA process, provided a copy of the Initial Study, the supporting technical studies, and the Notice of Intent, and at no point did the RUSD indicate to the Planning Division that the 8 RUSD does not have the capacity to serve future students, but rather the RUSD will collect school 9 fees from the applicant to provide for the educational services of students generated by the Project; 10 and
11 WHEREAS, on July 23, 2019 the Planning Division mailed a copy of the response letter 12 to Mr. and Mrs. Renfro; and
13 WHEREAS, after applicant's withdrawal of its initial development, in October 2019, the 14 applicant submitted the current development Project, which reduced the number of single-family 15 lots proposed from sixty (60) to fifty-two (52), reduced the number of common lots proposed from 16 twelve (12) to nine (9), and reduced the number of single-family residences proposed from sixty 17 (60) to fifty-two (52); and
18 WHEREAS, on December 5, 2019, Lilburn Corporation prepared a Consistency Analysis 19 Memorandum to compare the potential environmental impacts analyzed in the prior sixty (60) 20 single-family lot proposal to the potential environmental impacts analyzed in the current fifty-two 21 (52) single-family lot proposal; and
22 WHEREAS, as indicated in the Consistency Analysis Memorandum prepared for the 23 Project, the reduction in the number of single-family lots and single-family residences will not 24 increase, but rather decrease the environmental impacts analyzed in the Initial Study prepared for 25 the Project; and
26 WHEREAS, the City mailed public hearing notices for the proposed Project to all property 27 owners within 300 feet of the project site, and published the public hearing notice in the San 28 Bernardino Sun newspaper as required by State law; and -3-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA WHEREAS, on February 26, 2020, the Planning Commission of the City of Rialto 2 conducted a duly noticed public hearing, as required by law, on the Mitigated Negative 3 Declaration, GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237, took testimony, at 4 which time it received input from staff, the city attorney, and the Applicant; heard public 5 testimony; discussed the proposed Mitigated Negative Declaration, GPA No. 2019-0007, ZC No. 6 2019-0005, and TTM No. 20237; and closed the public hearing; and 7 WHEREAS, on February 26, 2020, the Planning Commission voted 6-0 (1 absence) to 8 recommend approval of the Mitigated Negative Declaration, GPA No. 2019-0007, ZC No. 2019- 9 0005, and TTM No. 20237 to the City Council; and
10 WHEREAS, on May 12, 2020, the City Council conducted a duly noticed public hearing, 11 as required by law, on the Mitigated Negative Declaration, GPA No. 2019-0007, ZC No. 2019- 12 0005, and TTM No. 20237, and continued the hearing to the June 9, 2020; and 13 WHEREAS, on June 9, 2020, the City Council conducted a duly noticed public hearing, 14 as required by law, on the Mitigated Negative Declaration, GPA No. 2019-0007, ZC No. 2019- 15 0005, and TTM No. 20237, took testimony, at which time it received input from staff, the city 16 attorney, and the applicant; heard public testimony, discussed the Mitigated Negative Declaration, 17 GPA No. 2019-0007, ZC No. 2019-0005, and TTM No. 20237; and closed the public hearing; and 18 WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. 19 NOW, THEREFORE, the City Council hereby finds, determines, and resolves as follows:
20 SECTION 1. The City Council hereby specifically finds that all of the facts set forth in the 21 recitals above of this Resolution are true and correct and incorporated herein. 22 SECTION 2. The City Council has independently reviewed and considered the proposed 23 Initial Study and Mitigated Negative Declaration (Environmental Assessment Review No. 2019- 24 0082) attached hereto as Exhibit "C" and incorporated herein by this reference, the public 25 comments upon it, and other evidence, and finds that the Mitigated Negative Declaration was 26 prepared in the manner required by law, and there is no substantial evidence in the record to support 27 a fair argument that the Project would result in a significant adverse effect upon the environment, 28 provided appropriate mitigation measures are imposed as recommended below. -4-
DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 SECTION 3. The Initial Study (Environmental Assessment Review No. 2019-0082) 2 prepared for the project identified that the Site did not have suitable habitat for any threatened or 3 endangered species, and therefore the proposed Project will have no individual or cumulative 4 adverse impacts upon resources, as defined in Section 711. 2 of the State Fish and Game Code. 5 SECTION 4. The attached proposed Initial Study and Mitigated Negative Declaration finds that there are no impacts or less than significant impacts to aesthetics, agriculture and forestry 7 resources, air quality, biological resources, greenhouse gas emissions, hazards and hazardous 8 materials, hydrology/water quality, land use/planning, mineral resources, population/housing, 9 public services, recreation, tribal cultural resources, and utilities and service systems. 10 SECTION 5. With the imposition of mitigation measures that address potential impacts 11 upon cultural resources, geology and soils, noise, traffic and transportation, and mandatory 12 findings of significance in the community, and as set forth in the Mitigation Monitoring & 13 Reporting Program, Exhibit "D" hereto, which is attached hereto and incorporated herein by this 14 reference, the proposed Project's potential significant impacts will be reduced below a level of 15 significance.
16 SECTION 6. For the foregoing reasons and based on the information and findings 17 included in the Initial Study and Mitigated Negative Declaration, technical reports, Mitigation 18 Monitoring and Reporting Program, Staff Report, public testimony, and all other documents and 19 evidence in the administrative record of proceedings, the City Council has determined that the 20 Project, as conditioned and mitigated, will not have a significant adverse impact on the 21 environment and also finds that the preparation of the Initial Study and Mitigated Negative 22 Declaration attached hereto complies with CEQA. Therefore, the City Council hereby certifies 23 the Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting 24 Program, making certain environmental findings to allow the Project. 25 26
27 28
-5-
• Docusign Envelope ID: A8042698-498B-467D-9FOE-5E049951E7DA 1 SECTION 7. The Mayor shall sign the passage and adoption of this resolution and thereupon the same shall take effect and be in force.
3 PASSED, APPROVED AND ADOPTED this_9h day of June. 2020. 5 Dobra abis
6 DEBORAH ROBERTSON, Mayor
8 ATTEST:
9 Barbara A. MeGu
12 BARBARA MCGEE, City Clerk
13 14 APPROVED AS TO FORM:
15 Eric Vail
16 ERIC S. VAIL, Interim City Attorney
17 Burke, Williams & Sorensen, LLP
18 19
20 21
22 23
24 25
26 27
28 DocuSign Envelope ID: A8042698-498B-467D-9F0E-5E0A9951E7DA 1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO
2 CITY OF RIALTO
3 4 I, BARBARA MCGEE, City Clerk of the City of Rialto, do hereby certify that the foregoing 5 Resolution No. 7614 was duly passed and adopted at a regular meeting of the City Council of the 6 City of Rialto held on the9th day of June , 2020.
7 Upon motion of Councilmember Scott, seconded by Councilmember Baca Jr., the 8 foregoing Resolution No. _ 7614_ was duly passed and adopted. 9 Vote on the motion:
10 AYES: Mayor Robertson, Council Member Scott, Trujillo, Carrizales and Baca Jr. 11 NOES: None
12 ABSENT: None
13 IN WITNESS WHEREOF, I have hereunto set my hand and the Official Seal of the City of 14 Rialto this 10th _day of June 2020.
15 16
17 Barkara d. MiGue
18 BARBARA MCGEE, CITY CLERK
19 20
21 22
23 24
25 26
27 28
-7-
EXHIBIT "C"
TRACT NO.
(Subdivision/Unit No.)
RICHMOND AMERICAN HOMES OF MARYLAND, INC., a Maryland corporation (Subdivider)
ENVIRONMENTAL WARRANTY
As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the above-named Subdivider to the City of Rialto for the above-referenced Subdivision, Subdivider hereby warrants to the City of Rialto that:
1. Neither the property to be dedicated nor Subdivider are in violation of any environmental law, and neither the property to be dedicated nor the Subdivider are subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with the environmental laws relating to the property to be dedicated.
2. Neither Subdivider nor any other person with Subdivider's permission to be upon the property to be dedicated has used, generated, manufactured, produced, or released, on, under, or about the property to be dedicated, any Hazardous Substance except in compliance with all applicable environmental laws. For the purposes of this warranty, the term "Hazardous Substances" shall mean any substance or material which is capable of posing a risk of injury to health, safety or property, including all those materials and substances designated as hazardous or toxic by any tederal, state or local law, ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 30, as the same shall be amended from time to time, or any other materials requiring remediation under federal, state or local laws, ordinances, rules, regulations or policies.
3. Subdivider has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated.
4. Subdivider's prior and present use of the property to be dedicated has not resulted in the release of any Hazardous Substance on the property to be dedicated.
Exhibit "C"
5. All persons executing this warranty hereby represent and warrant to the City of Rialto, and Subdivider hereby represents and warrants, that the signators hereto have the legal power, right and authority to execute this warranty on behalf of the Subdivider and that the signators hereto have sufficient knowledge or expertise, either personally, through reasonable inspection and investigation of the property, or through reasonable reliance upon the investigation and professional opinion of Subdivider's environmental experts, to make the representations herein, and that no consent of any other party is required to execute this warranty and make the representations herein on behalf of the Subdivider to the City of Rialto.
Each of the undersigned persons declares under penalty of perjury that the foregoing is true and correct.
Dated:
SUBDIVIDER*
*Proof of authorization for Subdivider's signatures is required to be submitted concurrently with this environmental warranty.
Exhibit "C"