Agenda — Chino City Council, July 5, 2023 (part 2 of 4)

Because the UWMPs demonstrate that the MVWD and City of Chino would have sufficient water supplies to meet water demands within their respective districts through 2040, it can therefore be concluded that there would be

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Prepared by: T&B Planning, Inc. Page 4-73 Lead Agency: City of Chino sufficient water supplies to serve future development within the Annexation Area and reasonably foreseeable future development during normal, dry, and multiple dry years, and impacts would be less than significant.

Based on the foregoing analysis, the Project would not result in any new significant impacts not already analyzed in the GPU EIR or increase the severity of a significant impact as previously identified and analyzed in the GPU EIR.

c) Would the Project result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the P roject’s projected demand in addition to the provider’s existing commitments?
GPU EIR Finding: The GPU EIR found that buildout of the GPU would result in an increased deman d of between

10.5 and 10.7 mgd , which would not create a need for new or expanded wastewater treatment facilities.

Additionally, the GPU EIR identifies several GPU policies that address wastewater treatment facilities, including Public Services and Facili ty Goal PFS-9 and associated Policies P1 and P2 (generally requiring the disposal of wastewater in the City in safe, sanitary, and environmentally acceptable ways). The GPU EIR concludes that impacts due to insufficient wastewater capacity would be less than significant.

No Substantial Change from Previous Analysis : The proposed Project would consist of the annexation of 144.8 acres into the City of Chino boundaries. No new development or construction would be authorized with approval of the Project. As such, the Project would not directly result in an increased demand for wastewater treatment.

Notwithstanding, residential land uses are planned for the Annexation Area by the GPU, and already allowed by the existing San Bernardino County Countywide Plan land use designations and San Bernardino County zoning district classifications that apply to the Annexation Area, and additional residential development could occur in the future. Based on the analysis presented in the Project’s PFS (Technical Appendix A), vacant parcels within the Annexation Area ultimately could be developed with up to 114 additional residential dwelling units. As indicated by the GPU EIR, residential uses generate approximately 270 gallons per day (gpd) of wastewater. Thus, the additional 114 residential dwelling units, if constructed, would generate approximately 30,780 gpd of wastewater requiring treatment (114 du x 270 gpd/du = 30,780 gpd). This would represent approximately 0.0 4% of the 71.7 mgd of existing treatment capacity at regional wastewater treatment facilities (which is expected to increase in the future as facility expansion projects are completed). As such, future development of up to 114 additional residential structures within the Annexation Area would not result in a determination by the wastewater treatment provider which serves or may serve the Annexation Area that it has inadequate capacity to serve future residential development within the Annexation Area in addition to the provider’s existing commitments. Impacts would be less than significant.

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Prepared by: T&B Planning, Inc. Page 4-74 Lead Agency: City of Chino d) Would the Project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? e) Would the P roject comply with federal, State, and local management and reduction stat utes and regulations related to solid waste?
GPU EIR Finding: The GPU EIR found that although buildout of the GPU would result in an increased demand for landfill capacity, such demand would be accommodated by the El Sobrante Landfill. Additionally, the GPU EIR identified several GPU policies intended to reduce solid waste demand, including Policies P3 through P6 of the GPU Public Facilities and Services Element Goal PFS-12, Objective PFS-12.1 (generally promoting the reduction of solid waste generated in the City through collection, storage, transportation, recycling, and disposal). As such, the GPU EIR concluded that there would be a less -than-significant impact due to the projected solid waste disposal demands created by the GPU. The GPU EIR did not identify any significant impacts due to non -compliance with federal, State, or local statutes and regulations related to solid waste.

No Substantial Change from Previous Analysi s: The proposed Project would consist of the annexation of 144.8 acres into the City of Chino boundaries. No new development or construction would be authorized with approval of the Project. As such, the Project would not directly result in the generation of solid waste and would have no potential to conflict with federal, State, or local management and reduction statutes and regulations related to solid waste.

Notwithstanding, residential land uses are planned for the Annexation Area by the GPU, and already allowed by the existing San Bernardino County Countywide Plan land use designations and San Bernardino County zoning district classifications that apply to the Annexation Area, and additional residential development could occur in the future. Based on the analysis presented in the Project’s PFS (Technical Appendix A), vacant parcels within the Annexation Area ultimately could be developed with up to 114 additional residential dwelling units. Future development within the Annexation Area would be required to comply with the San Bernardino County Countywide Integrated Waste Management Plan (CIWMP) and the California Solid Waste Reuse Act of 1991 (Cal Pub Res. Code Section 42911), which require that up to 50 percent of solid waste shall be diverted from area landfills. In conformance with the CIWMP and as required by Chapter 8.16 (Refuse Collection) of the City’s Municipal Code, future development within the Annexation Area would require coordination with future contract refuse haulers to implement recycling and waste reduction programs for solid wastes. Mandatory compliance with the CIWMP and Municipal Code Chapter 8.16 would ensure that potential future development within the Annexation Area does not generate solid waste in excess of State or local standards, or otherwise impair the attainment of solid waste reduction goals, and would ensure that future development within the Annexation Area complies with federal, State, and local management and reduction statutes and regulations related to solid waste.

Impacts would be less than significant.

Solid waste generated by the future development of up to 114 dwelling units within the Annexation Area would be sent to the West Valley Material Recovery Facility and Transfer Station located in Fontana, where it would be conveyed to the El Sobrante Landfill located in Riverside County. As noted by the GPU EIR, the waste generation rate within the City is 7.2 pounds per day (ppd) per person. As reported by the Project’s PFS, development of the additional 114 dwelling units would result in a future increase in population by 370 persons. Thus, at full buildout (approximately 20 years into the future), new development within the Annexation Area would generate approximately 2,664 ppd of solid waste requiring disposal ( 370 persons x 7.2 ppd/person = 2,664 ppd). The El

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Prepared by: T&B Planning, Inc. Page 4-75 Lead Agency: City of Chino Sobrante Landfill is permitted to receive up to 16,054 tons per day (tpd) of solid waste , while the Wes t Valley Material Recovery Facility and Transfer Station is permitted a maximum of 7,500 tpd. Thus, the 2,664 ppd of solid waste that would be generated by future development within the Annexation Area would represent only 0.008% of the daily disposal capacity at the El Sobrante Landfill and only 0.0 2% of the daily conveyance capacity at the West Valley Material Recovery Facility and Transfer Station. As such, future development within the Annexation Area would not generate solid waste in exce ss of the capacity of local infrastructure, and impacts would be less than significant.

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4.20 WILDFIRE

New
Significant
Impact
More Severe
Impacts
Ability to
Substantially
Reduce
Previous
Significant
Impact
No Substantial
Change from
Previous
Analysis
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a. Substantially impair an adopted emergency
response plan or emergency evacuation plan? ☐ ☐ ☐ ☒
b. Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to, pollutant concentrations
from a wildfire or the uncontrolled spread of a
wildfire?
☐ ☐ ☐ ☒
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?
☐ ☐ ☐ ☒
d. Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides, as a result of runoff, post-fire slope
instability, or drainage changes?
☐ ☐ ☐ ☒

a) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project substantially impair an adopted emergency response plan or emergency evacuation plan?
b) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the P roject, d ue to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the un controlled spread of a wildfire?
c) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? d) If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?

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Prepared by: T&B Planning, Inc. Page 4-77 Lead Agency: City of Chino GPU EIR Finding: The GPU EIR disclosed th at adherence to GPU Goal SAF -3 (encouraging the protection of life and property from wildland fire hazards) and associated Policy P1 (requiring incorporation of measures to reduce wildland fire hazard threats) would provide protection from wildland fires. Additionally, the GPU EIR concluded that the City is generally buffered from wildland fires due its flat topography and the limited amount of open space immediately surrounding the City, as well as the separation between the City and the Chino Hills provided by State Route 71. As such, the GPU EIR concluded that impacts due to wildland fire hazards would be less than significant.

No Substantial Change from Previous Analysis : A State Responsibility Area (SRA) is land where the State of California is financially responsible for the prevention and suppression of wildfires. According to mapping information available from the California Board of Forestry and Fire Protection (BFFP), the Annexation Area is not located within any SRAs. The nearest lands within a n SRA are located approximately 6.4 miles northwest of the Annexation Area. (BFFP, n.d.)

Fire pro tection services within the Annexation Area are and would continue to be provided by the CVFD. As indicated on GPU EIR Figure 4.7 -1 (Wildland Urban Interface Threat to Community), the Annexation Area is mapped as having “Little or no threat” due to wildland fire hazards. The nearest area identifi ed as having a “Moderate threat” for wildland fire hazards occurs approximately 0.1-mile west of the northwestern boundary of the Annexation Area ; however, the Annexation Area is separated from these lands by existing residential developments and improved roadways. Furthermore, and as documented by the GPU EIR, conditions of approval for new development include a number of actions to reduce fire danger to new structures and th e community in general. Furthermore, the City of Chino enforces a Weed Abatement program to reduce fire hazards. As such, impacts related to wildfire would be less than significant . Therefore, the Project would not result in any new significant impacts not already analyzed in the GPU EIR or increase the severity of a significant impact as previously identified and analyzed in the GPU EIR.

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4.21 MANDATORY FINDINGS OF SIGNIFICANCE

New
Significant
Impact
More Severe
Impacts
Ability to
Substantially
Reduce
Previous
Significant
Impact
No Substantial
Change from
Previous
Analysis
a. Does the project have the potential to degrade the
quality of the environment, substantially reduce
the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal or
eliminate important examples of the major periods
of California history or prehistory?
☐ ☐ ☐ ☒
b. Does the project have impacts that are individually
limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are considerable
when viewed in connection with the effects of past
projects, the effects of other current projects, and
the effects of probable future projects)?
☐ ☐ ☐ ☒
c. Does the project have environmental effects which
will cause substantial adverse effects on human
beings, either directly or indirectly?
☐ ☐ ☐ ☒

a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
No Substantial Change from Previous A nalysis: The proposed Project would consist of the annexation of 144.8 acres into the City of Chino boundaries. No new development or construction would be authorized with approval of the Project. As such, the Project would not directly result in any impacts to b iological or cultural resources.

Moreover, a s indicated throughout the analysis in this EIR Addendum (refer specifically to EIR Addendum subsections 4.4, 4.5, and 4.18), potential future development within the Annexation Area would not substantially degrade the quality of the environment, substantially reduce the habit of fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, t hreaten to eliminate a plant or animal community, or reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. As such, impacts would be less than significant. Therefore, the Project would not result in any new significant impacts not already analyzed in the GPU EIR or increase the severity of a significant impact as previously identified and analyzed in the GPU EIR.

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Prepared by: T&B Planning, Inc. Page 4-79 Lead Agency: City of Chino b) Does the P roject have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
No Substantial Change from Previous Analysis : The proposed Project would consist of the annexation of 144.8 acres into the City of Chino boundaries. No new development or construction would be authorized with approval of the Project. As such, the Project has no potential to result in cumulatively -considerable impacts to the environment. Cumulative effects that would result from the future development of up to 114 homes within the Annexation Area have been evaluated throughout this EIR Addendum, which concludes that such impacts would not occur, would be less than significant, or would be reduced to below a level of significance with mandatory compliance with the City’s standard conditi ons of approval, GPU objectives and policies, and/or municipal code.

Accordingly, the Project would not have impacts which are individually limited, but cumulatively considerable.

Therefore, the Project would not result in any new significant impacts not already analyzed in the GPU EIR or increase the severity of a significant impact as previously identified and analyzed in the GPU EIR.

c) Does the Project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
No Substantial Change from Previous Analysis : The proposed Project would consist of the annexation of 144.8 acres into the City of Chino boundaries. No new development or construction would be authorized with approval of the Project. As such, the Project has no potential to result in environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Additionally, while up to 114 additional dwelling units could be developed within the Annexation Area based on the Site’s existing and proposed land use designations and zoning, residential uses are not associated with adverse environmental effects on human beings.

Accordingly, the Project would not have environmental effects which will cause s ubstantial adverse effects on human beings, either directly or indirectly, and impacts would be less than significant. Therefore, the Project would not result in any new significant impacts not already analyzed in the GPU EIR or increase the severity of a significant impact as previously identified and analyzed in the GPU EIR.

4.22 EARLIER ANALYSES
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negativ e declaration as per California Code of Regulations, Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:

Earlier Analyses Used, if any:

• City of Chino General Plan Environmental Impact Report (SCH No. 2008091064), certified July 6, 2010. • Yorba Villas Environmental Impact Report (SCH No. 2021060049), certified October 4, 2022.

Location: City of Chino Planning Department
13220 Central Avenue
Chino, CA 91710

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5.0 References
The following documents were referred to as information sources during the preparation of this document.

Cited As: Source:

BFFP, n.d. Board of Forestry and Fire Protection , no date. State Responsibility Area (SRA) Viewer (on -line mapping application). No date. Accessed February 21, 2022. Available online:
https://calfire-
forestry.maps.arcgis.com/apps/webappviewer/index.html?id=468717e399fa4238ad8686163876 5ce1

BFSA, 2021 Brian F. Smith and Associates, Inc., 2021. A Cultural Resources Study for the City of Chino Annexation Project. November 4, 2021. Included as EIR Addendum Technical Appendix B.

CalEPA, 2022 California Environmental Protection Agency, 2022. Cortese List Data Resources. 2022. Accessed February 18, 2022. Available online:
https://calepa.ca.gov/sitecleanup/corteselist/

CDC, n.d. California Department of Conservation, no date. DLRP Important Farmland Finder (on-line mapping application). No date. Accessed February 16, 2022. Available online:
https://maps.conservation.ca.gov/DLRP/CIFF/

CDC, n.d. California Department of Conservation, no date. Mineral Land Classification Map, Aggregate Resources Only, Claremont -Upland P-C Region, Special Report 143, Plate 6- 8. No date. Accessed February 14, 2022. Available online: https://filerequest.conservation.ca.gov/RequestFile/59290

Chino, 2010a City of Chino, 2010. Envision Chino, City of Chino General Plan 2025. July 2010. Accessed February 21, 2022. Available online:
https://cityofchino.org/city_hall/departments/community_development/planning/plans/general

Chino, 2010b City of Chino, 2010. General Plan Environmental Impact Report, City of Chino . May 21, 2010.

Accessed February 21, 2022. Available online:
https://cityofchino.org/city_hall/departments/community_development/planning/plans/general

Chino, 2021 City of Chino, 2021. Final 2020 Urban Water Management Plan . June 2021. Accesse d February 15, 2022. Available online:
https://p1cdn4static.civiclive.com/UserFiles/Servers/Server_10382578/Image/City%20Hall/Depar tments/Public%20Works/Environmental/UWMP%202021%20Combined.pdf

Google Earth, 2021 Google Earth, 2021. Google Earth Viewer (application). Accessed February 14, 2022.

Available online:
https://www.google.com/earth/download/gep/agree.html

LAFCO, n.d. San Bernardino Local Agency Formation Commission, no date. Water Districts on -line mapping application). No date. Accessed February 16, 2022. Available online:

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Prepared by: T&B Planning, Inc. Page 5-2 Lead Agency: City of Chino Cited As: Source:
https://sbcounty.maps.arcgis.com/apps/MapSeries/index.html?appid=e1a0b6df610f490892a970 b01952274d&entry=3

MVWD, 2021 Monte Vista Water District , 2021. Final 2020 Urban Water Management Plan . June 2021.

Accessed February 21, 2022. Available online:
https://www.mvwd.org/DocumentCenter/View/350/2020-Urban-Water-Management-Plan-PDF

Ontario, 2011 City of Ontario, 2011. LA/Ontario International Airport Land Use Compatibility Plan. April 19, 2011.

Accessed February 14, 2022. Available online:
https://www.ontarioplan.org/alucp-for-ontario-international-airport/

SAWPA, n.d. Santa Ana Watershed Project Authority, no date. Groundwater Recharge (online mapping application). No date. Accessed February 21, 2022. Available online:
https://www.sawpa.net/gisviewer/basemaps.htm

SB County, 1991 San Bernardino County, 1991. Comprehensive Land Use Plan, Chino Airport . November 1991.

Accessed February 16, 2022. Available online:
http://www.sbcounty.gov/uploads/lus/airports/chino.pdf

SB County, 2020a San Bernardino County, 2020. San Bernardino County Countywide Plan, County P olicy Plan .

October 2020. Accessed February 15, 2022. Available online:
https://countywideplan.com/policy-plan/

SB County, 2020b San Bernardino County, 2020. Final Program Environmental Impact Report, State Clearinghouse No. 2017101033, San Bernardino Countywide Plan . August, 2020. Accessed February 15, 2022.

Available online: https://countywideplan.com/resources/document-download/

SB County Assessor,
2021
San Bernardino County Assessor, 2021. San Bernardino County Assessor, Parcels under Open Space Contract Report. July 9, 2021. Accessed February 10, 2022. Available online:
https://secureservercdn.net/192.169.221.188/787.15f.myftpupload.com/wp- content/uploads/2021/07/NPP874-WilliamsonActParcels.pdf

SBCSD, n.d. San Bernardino County Sheriff’s Department, no date. About Us (web page). No date. Accessed February 17, 2022. Available online: https://wp.sbcounty.gov/sheriff/about-us/

SCAG, 2016 Southern California Association of Governments, 2016. The 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy. April 2016. Accessed February 18, 2022. Available online:
https://scag.ca.gov/sites/main/files/file-attachments/f2016rtpscs.pdf?1606005557

SCAQMD, 2016 South Coast Air Quality Management District, 2016. Final 2016 Air Quality Management Plan .

March 2017. Accessed February 11, 2022. Available online:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management-plans/2016- air-quality-management-plan/final-2016-aqmp/final2016aqmp.pdf?sfvrsn=15

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Prepared by: T&B Planning, Inc. Page 5-3 Lead Agency: City of Chino Cited As: Source:

SCAQMD, n.d. South Coast Air Quality Management District, no date. National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) Attainment Status for South Coast Air Basin. No date. Accessed February 11, 2022. Available online:
http://www.aqmd.gov/docs/default-source/clean-air-plans/air-quality-management- plans/naaqs-caaqs-feb2016.pdf

SRHA, 2023 Stanley R. Hoffman Associates, 2023. Ramona Francis Annexation Plan for Service and Fiscal Impact Analysis City of Chino. January 5, 2023. Included as EIR Addendum Technical Appendix A.

SWRCB, 2022 Storm Water Resources Control Board, 2022. Final 2014/2016 California Integrated Report (Clean Water Act Section 303(d) List / 305(b) Report) (online mapping application) . 2022. Accessed February 16, 2022. Available online:
https://www.waterboards.ca.gov/water_issues/programs/tmdl/integrated2014_2016.shtml

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ORDINANCE NO. 2023-015

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, PREZONING APPROXIMATELY 145 ACRES OF LAND TO RD2 (RESIDENTIAL/AGRICULTURAL), RD 4.5 (RESIDENTIAL) AND P (PUBLIC) FOR PARCELS LOCATED EAST OF NORTON AVENUE, NORTH

AND SOUTH OF FRANCIS AVENUE, NORTH AND SOUTH OF

PHILADELPHIA STREET AND WEST OF YORBA AVENUE WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE (APN’s: 1013-211-04-08, 10, 11, & 18-22, 1013-221-01-06, 09, & 11-18, 1013-341-03-07, & 09-13, 1013-351-16, 17, 20-23, 26-31, & 40, 1013-361-01-11, 14-21, & 25, 1013-371-03-22, 1013-411-11, & 14-18, 1013-421-01, 04-13, 16, 18, & 19, 1013-431-01, 02, 06, & 09-11, and 1016-121-04-07)., WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE AND IN CONNECTION WITH (PREZONE/ANNEXATION PL23-0014) AND AMENDING ORDINANCE NO. 2010-06.

WHEREAS, the proposed land use changes included in PL23-0041 (General Plan Amendment) will result in a reduction of approximately 13.35 acres (11.99 adjusted gross acres) of RD 2 (Residential, 2 units/acre) going to RD 4.5 (Residential, 4.5 units/acre), as shown in Exhibit “C”; and
WHEREAS, the City of Chino has initiated the prezone of property concurrently with its review of the related Annexation in compliance with State law and the requirements of the Local Agency Formation Commission (LAFCO); and

WHEREAS, a description for the annexation boundaries of the territory is set forth in Exhibit “A” and the proposed prezone in Exhibit “B” attached hereto and by this reference incorporated herein; and

WHEREAS, the proposed prezone is required at this time by the LAFCO, and state law, because of the proposed annexation of the properties; and

WHEREAS, the proposed prezone is consistent with the goals and policies of the Chino General Plan as the land use element of the General Plan identifies Goal LU -4 providing a clear transition for properties wi thin the Sphere of Influence (SOI). Public engagement with residents within and around the Ramona Francis Annexation area was conducted that included a workshop and open house to provide residents with information on the annexation process and to answer q uestions on the San Bernardino County (County) and City of Chino differences and similarities between regulations and services between the two agencies to provide a clear transition from County to City. The proposed prezone of the properties will be consis tent with the General Plan designations of the property within the annexation area that are currently designated as RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public); and

WHEREAS, the proposed prezone is reasonable and beneficial, and in the interest of good zoning practice as the General Plan designation of the property within the annexation area that are currently designated as RD2 (Residential 2 DU/AC), RD 4.5

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(Residential 4.5 DU/AC) and P (Public). Upon annexation to the City of Chino, the zoning designations of RD2 (Residential/Agricultural), RD4.5 (Residential, 4.5 dwelling units/acre), and P (Public) will be consistent with the City’s General Plan land use designation for the site, as required by State planning, zoning, and development law; and

WHEREAS, the proposed prezone will not have a significant adverse impact on the environment as an Addendum to City of Chino General Plan Environmental Impact Report (SCH No. 2008091064) (EIR) was prepared for this project. The analysis concluded that the proposed project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the project would not substantially increase the severity of any p reviously identified significant impacts; and

WHEREAS, the change will not adversely affect the harmonious relationship with adjacent parcels and land uses as there is no proposed development within the annexation area as a part of this project. The surro unding properties are developed with a range of single -family residential and agricultural uses that are consistent with the proposed RD2, RD 4.5 and P zoning. Therefore, the prezone of properties to RD2, RD 4.5, P will be in harmony with the surrounding parcels and land uses; and

WHEREAS, The subject site is physically suitable, including but not limited to parcel size, shape, access, availability of utilities, and compatibility with adjoining land uses, for the RD2, RD4.5 and P Prezone designations, as there are no proposed development, or proposed land use changes within the annexation area. Therefore, there are no impacts in terms of parcel size, shape, access, availability of utilities, and compatibility with existing land uses; and

WHEREAS, the Pla nning Commission of the City of Chino held a duly noticed public hearing in compliance with law on February 22, and June 7, 2023, entertained the written and oral reports of staff, took public testimony on the proposed Project, including the draft Addendum, and recommended, on a vote of 5 ayes to 2 nays, that the City Council approve the Prezone/Annexation (PL23-0014); and

WHEREAS, a notice was published in the Chino Champion newspaper on June 24, 2023 advising the public of a public hearing scheduled before the City Council on July 5, 2023, to consider the Project and the Planning Commission’s recommendation to approve the Prezone/Annexation (PL23-0014); and

WHEREAS, on July 5, 2023, the City Council held a duly noticed public hearing for the Project in compliance with law, entertained the written and oral reports of staff, and took public testimony on the Project, including the proposed Prezone/Annexation and General Plan Amendment; and

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WHEREAS, an Addendum to City of Chino General Plan EIR for the Annexation/Prezone and General Plan Amendment for the Ramona Francis Annexation, dated May 2023, has been prepared for this Project by T&B Planning. As outlined in CEQA Guidelines Section 15164, an Addendum is the appropriate environmental document if the proposed Project does not constitute significant new information or change the assumptions, analysis, conclusions, or mitigation measures of the EIR to a significant degree. The analysis concluded t hat the proposed Project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the Project would not substantially increase the severity of any previously identified significant impacts. Therefore, the proposed Project is within the scope of the previous General Plan EIR. The Addendum satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and

WHEREAS, the proposed pre-zoning will not have a significant adverse impact on the environment as a n Addendum has been adopted for the Project as Resolution No. 2023-0XX, and all potential impacts associated with the project will be mitigated to a level that will not have significant adverse impacts to the environment; and

WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the prezoning of the property have been complied with, including noticed public hearings.

NOW, THEREFORE, the City Council of the City of Chino does ordain as follows:

Section 1: The foregoing recitals are true and correct and incorporated herein.

Section 2: Ordinance No. 2010 -06 is hereby amended so as to prezone approximately 145 acres of land located east of Norton Avenue, north and south of Francis Avenue, north and south of Philadelphia street, and east and west of Yorba Avenue to RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public) as is more fully described on the legal and plat in Exhibit “A”.

Section 3: The following properties which are the subject of the City’s annexation application PL23-0014 (Prezone/Annexation) are hereby prezoned to RD2 (Residential 2 DU/AC), RD 4.5 (Residential 4.5 DU/AC) and P (Public) as is more fully described on the legal and plat in Exhibit “A” and as shown in Exhibit “B”.

Section 4: Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this O rdinance. The City Council of the City of Chino declares that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of any determination of invalidity.

Section 5: The City Clerk of the City o f Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of

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ORDINANCE NO. 2023-015

Page 4 of 4 ends

general circulation, printed and published within said City in accordance with the provisions of the Government Code

PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023.

___________________________
EUNICE M. ULLOA, MAYOR

ATTEST:

____________________________

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) §
City of Chino )

I, Natalie Gonzaga , City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the City Council at a regular meeting held on the 18th day of July 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

____________________________

NATALIE GONZAGA, CITY CLERK

Attachments:

Exhibit “A” – LAFCO Annexation Map/Legal Description
Exhibit “B” – Prezone Map
Exhibit “C” – General Plan Amendment Map

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R A M O N A A V E N U E

N O R T O N A V E N U E
PARCEL MAP NO. 2464P.M.B. 21/64

Y O R B A A V E N U E
TRACT NO. 13429M.B. 208/22-23

M O N T E V I S T A A V E N U E

F R A N C I S A V E N U E
TRACT NO. 7215M.B. 111/91-92
TRACT NO. 7937M.B. 100/97-98

Y O R B A A V E N U E
TRACT NO.16140M.B.283/37-41
PARCEL MAPNO. 1260P.M.B. 13/20
TRACT NO. 14373M.B. 245/59-60
TRACT NO. 9353M.B. 130/25-26TRACT NO. 12466M.B. 175/13-14 TRACT NO. 9100M.B. 125/71-72
TRACT NO. 9425M.B. 134/1-2
T1S, R8WT2S, R8W
SEC 34, T1S, R8W, S.B.M.

SEC 3, T2S, R8W, S.B.M.

P H I L A D E L P H I A S T R E E TTRACT NO. 16140M.B. 283/37-41TRACT NO. 6751M.B. 85/81-82 PARCEL MAP NO. 1713P.M.B. 16/72 TRACT NO. 8849M.B. 125/33-34 TRACT NO. 8487M.B. 115/58-59
TRACT NO. 18743M.B. 359/18-19
PARCEL MAPNO. 529P.M.B. 5/19
PARCEL MAPNO. 2481P.M.B. 21/90
PARCEL MAP NO. 8759P.M.B. 96/21-22

CITY OF CHINOCITY OF CHINO ANNEXATIONSAN BERNARDINO CONTY, CA BASIS OF BEARINGS:BENCHMARK:PREPARED FOR:PREPARED BY:
• •
CITY OF CHINO13220 CENTRAL AVENUE,CHINO, CA 91710TEL:(909)334-3250 LEGEND

ASSESSOR'S PARCEL NUMBER LEGEND

NOTESGENERAL DESCRIPTIONAREAAGENCIES AFFECTED
EXHIBIT "B"
NO. 9584AARON P. TILLMANNSPROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIA 01/25/2023

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EXHIBIT “A”
LAFCO __________
CITY OF CHINO ANNEXATION NO. __

THOSE PARCELS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 1 SOUTH, RANGE 8 WEST AND SECTION 3, TOWNSHIP 2 SOUTH, RANGE 8 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE CENTERLINE INTERSECTION OF NORTON AVENUE AND FRANCIS AVENUE AS SHOWN ON PARCEL MAP NO. 8759, RECORDED IN BOOK 96, PAGES 21 AND 22 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
1 NORTH 00°00’00” EAST 660.00 FEET ALONG THE CENTERLINE OF SAID NORTON AVENUE TO THE NORTH LINE OF LOT 27, OF SAID SECTION 34, AS SHOWN ON SAID PARCEL MAP; THENCE
2 SOUTH 89°59’25” EAST 1320.45 FEET ALONG THE NORTHERLY LINE OF LOTS 27 AND 28 OF SAID SECTION 34 TO A POINT IN THE CENTERLINE OF RAMONA AVENUE, AS SHOWN ON SAID PARCEL MAP; THENCE
3 NORTH 89°59’45” EAST 1319.61 FEET ALONG THE NORTHERLY LINE OF LOTS 29 AND 30 OF SAID SECTION 34 TO THE INTERSECTION OF THE CENTERLINE OF YORBA AVENUE WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF PARCEL MAP NO. 2464, RECORDED IN BOOK 21, PAGE 64 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE 4 SOUTH 00°00’35” EAST 660.00 FEET ALONG THE CENTERLINE OF SAID YORBA AVENUE TO

THE CENTERLINE INTERSECTION OF YORBA AVENUE AND FRANCIS AVENUE, AS SHOWN ON SAID PARCEL MAP NO. 2464; THENCE
5 SOUTH 89°59’45” WEST 659.60 FEET ALONG THE CENTERLINE OF SAID FRANCIS STREET AND THE NORTH LINE OF TRACT NO. 13429, RECORDED IN BOOK 208, PAGES 22 AND 23 OF

MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO THE NORTHWEST CORNER OF SAID TRACT; THENCE
6 SOUTH 00°01’59” EAST 660.20 FEET ALONG THE WEST LINE OF SAID TRACT NO. 13429 TO THE SOUTHWEST CORNER OF SAID TRACT NO. 13429; THENCE
7 NORTH 89°59’42” EAST 659.47 FEET ALONG THE SOUTH LINE OF SAID TRACT NO. 13429 TO THE SOUTHEAST CORNER OF SAID TRACT NO. 13429, SAID POINT ALSO BEING A POINT IN THE CENTERLINE OF YORBA AVENUE; THENCE
8 SOUTH 00°01’18” EAST 1320.11 FEET ALONG SAID CENTERLINE TO THE WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 7215, RECORDED IN BOOK 111, PAGES 91 AND 92 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
9 SOUTH 89°59’59” EAST 659.08 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT NO. 7215 AND IT’S WESTERLY AND EASTERLY PROLONGATION TO THE NORTHWEST CORNER OF

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TRACT NO. 7937, RECORDED IN BOOK 100, PAGES 97 AND 98 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
10 SOUTH 00°00’45” EAST 660.10 FEET ALONG THE WESTERLY LINE OF SAID TRACT NO. 7215

AND ITS SOUTHERLY PROLONGATION TO THE CENTERLINE OF PHILADELPHIA STREET AS SHOWN ON SAID TRACT; THENCE
11 NORTH 89°59’58” WEST 658.98 FEET ALONG THE CENTERLINE OF SAID PHILADELPHIA STREET TO THE CENTERLINE OF YORBA AVENUE, AS SHOWN ON TRACT NO. 16140, RECORDED IN BOOK 238, PAGES 37 THROUGH 41 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
12 SOUTH 89°57’52” WEST 351.51 FEET ALONG THE CENTERLINE OF SAID PHILADELPHIA STREET TO THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID TRACT NO. 16140; THENCE
13 SOUTH 00°00’04” WEST 659.79 FEET ALONG SAID WEST LINE AND IT’S NORTHERLY PROLONGATION TO THE SOUTHWEST CORNER OF SAID TRACT NO. 16140, SAID POINT BEING ALSO A POINT IN THE NORTH LINE OF TRACT NO. 9353, RECORDED IN BOOK 130, PAGES 25 AND 26 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;

THENCE CONTINUING ALONG SAID NORTHERLY LINE,
14 SOUTH 89°57’25” WEST 307.20 FEET TO THE NORTHWEST CORNER OF SAID TRACT NO. 9353, SAID POINT BEING ALSO A POINT IN THE EAST LINE OF TRACT NO. 12466, RECORDED IN BOOK 175, PAGES 13 AND 14 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
15 NORTH 00°00’55” WEST 329.91 FEET ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID TRACT NO. 12466; THENCE
16 SOUTH 89°58’13” WEST 132.00 FEET ALONG THE NORTH LINE OF SAID TRACT NO. 12466 TO THE WEST LINE OF DEED RECORDED AUGUST 31, 2011 AS INSTRUMENT NO. 2011-0365571 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE
17 NORTH 00°00’55” WEST 329.95 FEET ALONG THE WEST LINE OF SAID DEED TO THE CENTERLINE OF PHILADELPHIA STREET; THENCE
18 SOUTH 89°57’22” WEST 317.57 FEET ALONG SAID CENTERLINE TO THE SOUTHERLY PROLONGATION OF THE EAST LINE OF PARCEL 1 OF DEED RECORDED NOVEMBER 16, 2006 AS INSTRUMENT NO. 2006-0780795 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE 19 NORTH 00°02’34” WEST 168.00 FEET ALONG SAID EAST LINE AND IT’S SOUTHERLY PROLONGATION TO THE NORTHEAST CORNER OF SAID DEED; THENCE 20 SOUTH 89°57’52” WEST 209.58 FEET ALONG THE NORTHERLY LINE OF SAID DEED AND IT’S WESTERLY PROLONGATION TO THE CENTERLINE OF RAMONA AVENUE; THENCE 21 NORTH 00°02’51” WEST 1152.56 FEET ALONG THE CENTERLINE OF SAID RAMONA AVENUE TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF TRACT NO. 9100, RECORDED IN BOOK 125, PAGES 71 AND 72 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
22 NORTH 89°58’36” WEST 660.62 FEET ALONG SAID EASTERLY PROLONGATION TO THE SOUTHEAST CORNER OF SAID TRACT NO. 9100; THENCE
23 NORTH 00°02’28” WEST 1320.40 FEET ALONG THE EAST LINE OF SAID TRACT NO. 9100 AND THE EAST LINE AND IT’S NORTHERLY PROLONGATION OF TRACT NO. 14373, RECORDED IN BOOK 245, PAGES 59 AND 60 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID

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COUNTY TO THE CENTERLINE OF FRANCIS AVENUE, AS SHOWN ON SAID TRACT NO. 14373; THENCE
24 NORTH 89°59’25” WEST 660.48 FEET ALONG THE CENTERLINE OF SAID FRANCIS AVENUE TO THE POINT OF BEGINNING.

CONTAINING 144.80 ACRES, MORE OR LESS

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.

__________________________________________
Aaron P Tillmanns DATE
PLS 9584

1/25/2023

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WB 60
EB 60

YORBA AVE

FRANCIS AVE

RAMONA AVE

PIPELINE AVE

NORTON AVE

PHILADELPHIA ST

MONTE VISTA AVE

PHILLIPS BLVD

CARLISLE AVE
WB 60 OFF

SERRA AVE

MAPLE ST

LIBERTY ST
WB 60 ON

SILICON AVE

VISTA AVE

ORGREN ST

MUSTANG RD

CRYSTAL AVE

JASMINE DR
ELM ST

ROUNDTREE LN

BUTTERFIELD AVE

TAFT ST

ALTURAS LN

LAMPLIGHTER LN

BOYER ST

ORCHARD DR

LEXINGTON AVE

LOCUST ST

OLIVE ST

DEL MAR AVE

HANCOCK ST

ADAMS ST

SAN FELIPE AVE

OLIVE PL

BRYANT ST

PILGRIM CT

REVERE ST

WALDEN ST

VISTA CT

BRYANT LN

LOMBARDY AVE

WAKEFIELD AVE

BUTTERFIELD PL

ESSEX AVE

WINTRESS DR

STARLIGHT LN

CONCORD CT

GREENWAY LN

CAMELIA CT

VALERIE LN

GREEN WAY LN

LA MASITA CT

LOMBARDY ST

LA CAUSEY CT

SUNVIEW LN

REVERE CT

JACKSON CT

ORANGE BLOSSOM LN

GOLDENROD CT

ORANGE BLOSSOM RD

COMPTON CT

BELMONT PL

INDEPENDENCE ST

OAKDALE DR

LOMBARDY CT

BIRDVALE DRSKYHAVEN LN

ORGREN AVE

COLLEGE AVE

CARLISLE AVE
ELM ST

REVERE ST

SERRA AVE

CRYSTAL AVE
¯
LEGEND
ANNEXATION AREA 1:
145 ACRES / 73% SURROUNDED BY CITY

CITY BOUNDARY

PARCELS
Prezone - Land Use
RD 2
RD 4.5
RD 8
RD 12
NC
P

CITY OF CHINO - ANNEXATION AREA - PREZONE
Date: 5/17/2023
RD 4.5
RD 2
RD 4.5
RD 4.5
RD 2
RD 8
RD 12
RD 2
NC
NC
RD 4.5
RD 4.5
P
RD 2
RD 4.5

EXHIBIT B

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WB 60
EB 60

YORBA AVE

FRANCIS AVE
RAM

ONA AVE

PIPELINE AVE

NORTON AVE

PHILADELPHIA ST
M

ONTE VISTA AVE

PHILLIPS BLVD

CARLISLE AVE
WB 60 OFF

SERRA AVE

MAPLE ST

LIBERTY ST
WB 60 ON

SILICON AVE

VISTA AVE

ORGREN ST

MUSTANG RD

CRYSTAL AVE
JASM
INE DR
ELM ST

ROUNDTREE LN

BUTTERFIELD AVE

TAFT ST

ALTURAS LN

LAMPLIGHTER LN

BOYER ST

ORCHARD DR

LEXINGTON AVE

LOCUST ST

OLIVE ST
DEL M
AR AVE

HANCOCK ST

ADAMS ST

SAN FELIPE AVE

OLIVE PL BRYANT ST

PILGRIM CT

REVERE ST

WALDEN ST

VISTA CT

BRYANT LN

LOMBARDY AVE

WAKEFIELD AVE

BUTTERFIELD PL

ESSEX AVE

WINTRESS DR

STARLIGHT LN

CONCORD CT

GREENWAY LN

CAMELIA CT

VALERIE LN

GREEN WAY LN

LA MASITA CT

LOMBARDY ST

LA CAUSEY CT

SUNVIEW LN

REVERE CT

JACKSON CT

ORANGE BLOSSOM LN

GOLDENROD CT

ORANGE BLOSSOM RD

COMPTON CT

BELMONT PL

INDEPENDENCE ST

OAKDALE DR

LOMBARDY CT

BIRDVALE DR

SKYHAVEN LN

ORGREN AVE

COLLEGE AVE

CARLISLE AVE
ELM ST

REVERE ST

SERRA AVE

CRYSTAL AVE
¯
LEGEND
ANNEXATION AREA 1:
145 ACRES / 73% SURROUNDED BY CITY

CITY BOUNDARY

PARCELS
General Plan Amendment - Land Use
RD 2
RD 4.5
RD 8
RD 12
NC
P

CITY OF CHINO - ANNEXATION AREA - GENERAL PLAN AMENDMENT Date: 5/17/2023
RD 4.5
RD 2
RD 4.5
RD 4.5
RD 2
RD 8
RD 12
RD 2
NC
NC
RD 4.5
RD 4.5
P
RD 2

SUBJECT SITE
RD2 TO RD 4.5

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RESOLUTION NO. 2023-040

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT TO
CHANGE THE LAND USE DESIGNATION FROM RD 2 (RESIDENTIAL, 2 UNITS/ACRE) TO RD 4.5 (RESIDENTIAL, 4.5 UNITS/ACRE) FOR

13.35 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF
FRANCIS AND YORBA AVENUES (APNS: 1013-211-21 AND 22) WITHIN THE CITY OF CHINO SPHERE OF INFLUENCE FOR PL23 -0041
(GENERAL PLAN AMENDMENT).

WHEREAS, the City of Chino has prepared an application for the prezo ning and annexation of approximately 145 acres of land located east of Norton Avenue, north and south of Francis Avenue, north and south of Philadelphia street, and east and west of Yorba Avenue. The annexation area includes the properties at the northwest corner of Francis and Yorba Avenues (APNS: 1013-211-21 and 22) as indicated in Exhibit A (“the subject site”); and

WHEREAS, the subject site is currently located within the unincorporated area of County of San Bernardino, within the City of Chino’s Sphere of Influence; and

WHEREAS, on October 4, 2022, the Board of Supervisors for the County of San Bernardino approved the Yorba Villas project for the subject site for the development of 45 single -family homes and a private park on 13.35 acres. The project included amendments to the land use designations with a Policy Plan Amendment from Very Low Density Residential (VLDR)(0-2 du/ac) to Low Density Residential (LDR)(2-5 du/ac) and a Zoning Amendment from Single Residential 1 -acre minimum lot size (RS -1) to Single Residential (RS)(4 du/acre); and

WHEREAS, California law and the policies of LAFCO and the City of Chino require that land uses permitted and/or approved located within an unincorporated County jurisdiction prior to being annexed into a City jurisdi ction are required to continue to operate and/or be developed as permitted and/or approved; and

WHEREAS, on July 6, 2010, the City adopted a comprehensive update to the general plan, referred to as General Plan 2025; and

WHEREAS, the City of Chino Munici pal Code establishes procedures on how to amend the General Plan as described in Section 20.23.040; and

WHEREAS, the City of Chino has initiated a General Plan Amendment application (PL23-0041) to amend the City’s General Plan Land Use Plan to change the land use designation of 13.35 acres of land from RD 2 (Residential, 2 units/acre) to RD 4.5 (Residential, 4.5 units/acre) (the “Project”)(Exhibit A); and

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RESOLUTION NO. 2023-040

Page 2 of 4 ends

WHEREAS, on June 7, 2023, the Planning Commission held a duly noticed public hearing for PL23-0041 (General Plan Amendment) in compliance with law, entertained the written and oral report of staff, and took public testimony on the Project and by a vote of 5 ayes to 2 nays recommended to the City Council approval of General Plan Amendment PL23-0041.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

A. The foregoing recitals are true and correct and incorporated herein.

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions on PL22-0041 (General Plan Amendment):

1. PL23-0041 (General Plan Amendment)
a. The proposed General Plan Amendment is internally consistent with the General Plan, as the land use element of the General Plan identifies Objective LU -1.1 identifying the need to provide a variety of housing types that meet the housing needs of residents of all income levels in the City. The residential development approved in October 2022 by the San Bernardino County Board of Supervisors will be built of 45 single- family, single-story homes at a density of 3.37 units per acre, providing a transitional housing stock from the existing RD 4.5 (Residential,

4.5 units/acre) to the southeast, the existing RD 2 (Residential, 2 units/acre) to the south, and properties within the County with a General Plan land use designation of RD 2 (minimum lot size 20,000 square feet) to the north, east, south, and west. Additionally, Objective LU -1.2 promotes creating and maintaining walking neighborhoods. Sidewalks will be installed along project frontage along Francis and Yorba Avenues that will connect to the existing sidewalks along Yorba Avenue, south of the project site and the existing sidewalk on the south side of Francis Avenue, east of the project site.

b. The proposed General Plan Amendment will not be detrimental to the public interest, heal th, safety, convenience or welfare of the City , as General Plan Goal CC-2 (Community Character) states it is important to preserve and enhance areas that create community identity and support Chino’s small-town character. The change from RD 2 to RD 4.5 will allow for the development of single-family homes at a size and scale similar to homes in the area on 7,800 and 9,400 square foot lot sizes .

Additionally, public improvements to the storm drain system, Francis and Yorba Avenues street widening, and internal project roadways designed and designated as public streets will provide a benefit to the health, safety, and welfare of residents in the area.

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RESOLUTION NO. 2023-040

Page 3 of 4 ends

c. The proposed General P lan Amendment will maintain the appropriate balance of land uses within the City , as the proposed Project results in a change of 13.35 acres of land from RD 2 to RD 4.5. The reduction in RD 2 land is minimal in relation to the amount of RD 2 designated la nd that exists in the area. General Plan Objective LU-1.1 is to enhance the livability of Chino Neighborhoods, by providing a variety of housing types that meet the housing needs of residents of all income levels in Chino.

The 45 single-family development is built at a density of 3.37 units per acre, which meets the General Plan goal to provide for a variety of housing types and by providing lots sizes that act as a transitional area from the existing RD 4.5 to the southeast, the existing RD 2 to the south, and County properties with a General Plan land use designation of RD 2 to the north, east, south, and west.

d. The subject sites are physically suitable sites, including, but not limited to parcel size, shape, access, availability of utilities, and compati bility with adjoining land uses, for the requested amendment and anticipated development, as the proposed residential Project meets all minimum lot size and development standards for the RD 4.5 zoning district in which it is located and is surrounded by ot her existing single -family developments.

2. CEQA Findings. An Addendum to City of Chino General Plan EIR for the Annexation/Prezone and General Plan Amendment for the Ramona Francis Annexation, dated May 2023 , has been prepared for this Project by T&B Planning. As outlined in CEQA Guidelines Section 15164, an Addendum is the appropriate environmental document if the proposed Project does not constitute significant new information or change the assumptions, analysis, conclusions, or mitigation measures o f the EIR to a significant degree. The analysis concluded that the proposed Project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the Project would not subst antially increase the severity of any previously identified significant impacts. Therefore, the proposed Project is within the scope of the previous General Plan EIR. The Addendum satisfies the requirements of the California Environmental Quality Act (CEQ A) and the CEQA Guidelines (California Public Resources Code §§ 21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.).

3. Approval of PL23-0041 (General Plan Amendment). The City Council has considered the recommendation of the Planning Commission and hereby approves PL2 3-0041 (General Plan Amendment), amending the Land Use Element as outlined in the attached Exhibit “B”.

4. Effective Date. This resolution shall become effective on the effective date of Ordinance No. 2023-015 for PL23-0014.

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RESOLUTION NO. 2023-040

Page 4 of 4 ends

5. Actions by the City Clerk. The City Clerk is hereby directed to attest as to the adoption of this Resolution as of the date set forth below.

PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF JULY 2023.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) §
City of Chino )

I, Natalie Gonzaga , City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 5th day of July 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments:

Exhibit “A” – LAFCO Annexation Map/Legal Description
Exhibit “B” – General Plan Amendment Map

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R A M O N A A V E N U E

N O R T O N A V E N U E
PARCEL MAP NO. 2464P.M.B. 21/64

Y O R B A A V E N U E
TRACT NO. 13429M.B. 208/22-23

M O N T E V I S T A A V E N U E

F R A N C I S A V E N U E
TRACT NO. 7215M.B. 111/91-92
TRACT NO. 7937M.B. 100/97-98

SEC 3, T2S, R8W, S.B.M.

CITY OF CHINOCITY OF CHINO ANNEXATIONSAN BERNARDINO CONTY, CA BASIS OF BEARINGS:BENCHMARK:PREPARED FOR:PREPARED BY:
• •
CITY OF CHINO13220 CENTRAL AVENUE,CHINO, CA 91710TEL:(909)334-3250 LEGEND

ASSESSOR'S PARCEL NUMBER LEGEND

NOTESGENERAL DESCRIPTIONAREAAGENCIES AFFECTED
EXHIBIT "B"
NO. 9584AARON P. TILLMANNSPROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIA 01/25/2023

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EXHIBIT “A”
LAFCO __________
CITY OF CHINO ANNEXATION NO. __

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TRACT NO. 7937, RECORDED IN BOOK 100, PAGES 97 AND 98 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
10 SOUTH 00°00’45” EAST 660.10 FEET ALONG THE WESTERLY LINE OF SAID TRACT NO. 7215

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COUNTY TO THE CENTERLINE OF FRANCIS AVENUE, AS SHOWN ON SAID TRACT NO. 14373; THENCE
24 NORTH 89°59’25” WEST 660.48 FEET ALONG THE CENTERLINE OF SAID FRANCIS AVENUE TO THE POINT OF BEGINNING.

CONTAINING 144.80 ACRES, MORE OR LESS

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.

__________________________________________
Aaron P Tillmanns DATE
PLS 9584

1/25/2023

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LEGEND
ANNEXATION AREA 1:
145 ACRES / 73% SURROUNDED BY CITY

CITY BOUNDARY

PARCELS
General Plan Amendment - Land Use
RD 2
RD 4.5
RD 8
RD 12
NC
P

CITY OF CHINO - ANNEXATION AREA - GENERAL PLAN AMENDMENT Date: 5/17/2023
RD 4.5
RD 2
RD 4.5
RD 4.5
RD 2
RD 8
RD 12
RD 2
NC
NC
RD 4.5
RD 4.5
P
RD 2

SUBJECT SITE
RD2 TO RD 4.5

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ORDINANCE NO. 2023-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING SELECTED PROVISIONS OF
THE ZONING CODE (CHAPTER 20.16 – RIGHT TO FARM AND
CHAPTER 20 .20 – NONCONFORMING USES, STRUCTU RES
AND PARCE LS) OF THE CITY OF CHINO . PL23-0015 (ZONE
ORDINANCE AMENDMENT).

The City Council of the City of Chino, California, does hereby ordain as follows:

Section 1. Chapter 20.16 (Right to Farm) of the Chino Municipal Code is hereby re vised as follows with the remainder of the ordinance remaining unchanged (additions in red; deletions in bold strikethrough):

Chapter 20.16 – RIGHT TO FARM

20.16.010 – Purpose
As urban de velopment occurs within the city, residential, commercial and indu strial land uses will locate adjacent to pre -existing animal keeping and other agricultural activities. As a result, animal keeping and agricultural operations may become the subj ect of nuisance complaints or litigation, and could be pressured to cease or decrease curtail operations, or may be discouraged from making farm improvements.

To conserve and protect the continued viability of both animal keepin g and agricultural operations, it is the intention of the city to limit the circumstances under which animal keeping or agricultural operations may be deemed to constitute a nuisance. The intent is to balance the rights of residents to keep animals and farmers to produce dairy products, food an d other agricultural commodities, with the rights of non -farmers who own, occupy or use land adjacent to animal keeping and agricultural properties.

20.16.020 – Applicability
The right-to-farm policy contained herein shall apply to all le gal animal keeping and agricultural operations within the city, the Agricultural Overlay District, and all other legally established other animal keeping and agricultural operations legally established in the County existing at the time the property was annexed to t he City of Chino. These properties are expected to continue animal keeping and agric ulture uses until they transition fully to their underlying residential zoning designation. For the purposes of this right-to-farm provision, agricultural operations shall include those uses permitted in the AG Zoning District.

20.16.030 – General Requirements
A. No animal keeping or agricultural operations conducted or maintained in a manner consistent with proper and accepted customs and standards, as established and followed by similar animal keeping or agricultural operations in the same locality, shall be or become a nuisance, private or public, due to any changed condition in or about the locality if the animal keeping or agricultural

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ORDINANCE NO. 2023-005

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operation was existing at the time of annexation or thereafter legally expanded, and if it was not a nuisance at the time it began.

B. Purchasers of lots near or adjacent to animal keeping or agricultural uses shall be notified of all s urrounding agricultural activities including the types of animals and agricultural activities , and their potential conflicts such as odors, noise, dust, pesticide abate ment, etc. I f the developer is the purchaser of the property, this notice shall be extended to subsequent owners.

C. Any dispute or controversy that ar ises regarding any inconveniences or dis comforts occasioned by animal keeping or agricultural or agricul tural processing operations or facilities should be settled by direct negotiat ion of the parties involved. Any such dispute or controversy that cannot b e s ettled by direct negotiation of the p arties involved should be submitted to a private mediator, a com munity mediat ion service, or another agency which provides dispute resolution services prior to the filing of any court action. Any costs associated with negotiation, mediation or dispute resolution pursuant to this section shall be borne by the parties.

D. This section shall not invalidate any provision contained in the Health and Safety Code, Fish and Game Code, Food and Agricultural Code, or Division 7 (commencing with Section 13000) of the Water Code of the state of California, if the agricultural opera tion constitutes a nuisance, public or private, as specifically defined or described in any such provision.

E. This section is not to be construed so as to modify or abridge the state law set out in the California Civil Code relative to nuisances, but rath er it is only to be utilized in the interpretation and enforcement of the provisions of city ordinances and regulations.

Section 2. Section 20.20.035 is he reby added to the Chino Municipal Code and shall read as follows (additions in red):

20.20.035 – Nonconforming animal keeping uses on properties annexed into the city.

Notwithstanding section 20.20.03 0, the following rules shall apply to nonconforming animal keeping uses on properties annexed into the city after January 1, 2023.

A. Right of continued use. An animal keeping use legally estab lished under county laws and existing on the property at the time of annexation that exceeds the num ber of animals or deviates from the kind s of animals allowed in the underlying zo ning district may continue to exist except as provided in subsection (E).

B. Discontinuation does not result in loss of use . An animal keeping use described in subsection (A) may be re established after discontinuation regardless of the duration of the discontinuation.

C. Limits on number a nd kinds o f animals . The number and kinds of an imals existing on a property subject to this section shall be limited to the number and kinds of animals that existed on the property at the time of annexation, unless additional animals are permitted in the underlying zoning district.

D. Change in owner ship, tenancy, or management. The provisions of this section shall continue to apply regard less of a change in ownership, tenancy , or management of the property on which the animal keeping use is located.

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ORDINANCE NO. 2023-005

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E. Conformance with city code upon development of property. Animal keeping uses on properties subject to this section shall be brought into conformity with Section 20.21.030 (Animal Keeping) as a condition of the development of the property in accordance with the city zoning district in which the property is located.

F. No legal st atus for violat ions of county laws. This section does not grant legal status to any animal keeping use existing at the time of annexation that was not legally established under county law s. An existing animal keeping use tha t was illegal under county laws at the time of annexation shall be immediately brought into conformity with the city’s animal keeping regulations upon annexation.

Section 3. The City Council finds tha t this Ordinance i s ex empt from the Califo rnia Environmental Quali ty Act (CE QA) under CEQA Guidelin es Se ction 15061(b)(3), Common Sense Exemption, in that it can be seen with certaint y that there is no possibility for this action to have a significant effect on the environm ent, since the property owners will be continuing to keep animals as they have been previously permitted, and the changes are consistent with the goals and policies of the General Plan.

Section 4. Severability.

If an y sec tion, subsection, s entence, c lause, p hrase, or p ortion of this Ordinance, or the application thereof to any person or circumstances, is, for an y reaso n, held inv alid o r unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared t o be severable. Th e City Council her eby declares that it would have adopt ed this ordinance and each se ction, subsection, sente nce, clause, phrase, part or portion th ereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.

Section 5. This Ordinance shall be in full f orce and effect thirty (3 0) days after its second reading and adoption.

Section 6. Certification. The City Clerk of the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the Chino Champion, a newspaper of general circulation, w ithin said Ci ty in accordance w ith the pro visions of t he Government Code.

PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

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ORDINANCE NO. 2023-005

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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga, City Clerk of t he City of Chino , do h ereby certify that the foregoing Ordinance was duly adopted by sai d City Council at a regular meeting held on the 18th day of July 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK

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RESOLUTION NO. 2023-039

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO,

CALIFORNIA, REQUESTING THE LOCAL AGE NCY FORMATION

COMMISSION INITIATE PROCEEDINGS FOR THE ANNEXATION OF
APPROXIMATELY 145 ACRES OF LAND TO THE CITY OF CHINO
LOCATED WITHIN THE CITY OF CHINO ’S SPHERE OF INFLUENCE PL23-0014 (PREZONE/ANNEXATION).

WHEREAS, the proposed project consists of a prezone and annexation (PL23-0014) of approximately 145 acres of land located east of Norton Avenue, north and south of Francis Avenue, north and south of Philadelphia street, and east and west of Yorba Avenue (APN’s: 1013 -211-04-08, 10, 11, & 18 -22, 1013-221-01-06, 09, & 11 -18, 1013-341-03-07, & 09-13, 1013-351-16, 17, 20-23, 26-31, & 40, 1013-361-01-11, 14-21, & 25, 1013-371-03-22, 1013-411-11, & 14-18, 1013-421-01, 04-13, 16, 18, & 19, 1013 - 431-01, 02, 06, & 09 -11, and 1016-121-04-07) as fully described in Exhibits “A” and “B” (the “Project”); and

WHEREAS, an Addendum to City of Chino General Plan EIR for the Annexation/Prezone and General Plan Amendment for the Ramona Francis Annexation, dated May 2023, has been prepared for this Project by T&B Planning. As outlined in CEQA Guidelines S ection 15164, an Addendum is the appropriate environmental document if the proposed Project does not constitute significant new information or change the assumptions, analysis, conclusions, or mitigation measures of the EIR to a significant degree. The ana lysis concluded that the proposed Project would not create any new significant impacts or impacts that are significantly different than those identified in the original EIR. In addition, the Project would not substantially increase the severity of any previously identified significant impacts. Therefore, the proposed Project is within the scope of the previous General Plan EIR. The Addendum satisfies the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines (California Public Resources Code §§21000 et seq.; 14 Cal. Code Regs. §§ 15000 et seq.); and

WHEREAS, the Planning Commission of the City of Chino held a duly noticed public hearing in compliance with law on February 22, and June 7, 2023, entertained the written and oral reports of staff, took public testimony on the proposed Project, including the draft Addendum, and recommended, on a vote of 5 ayes to 2 nays, that the City Council approve the Prezone/Annexation (PL23-0014); and

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RESOLUTION NO. 2023-039
PAGE 2 OF 4

WHEREAS, the City Council of the City of Chino desires to initiate proceedings pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Ca lifornia Government Code, for Prezone/Annexation (PL23-0014); and

WHEREAS, the territory proposed for annexation is set forth in Exhibit “A” attached hereto and by this reference incorporated herein; and

WHEREAS, the reason for this proposed annexation is to provide municipal services for the proposed Project; and

WHEREAS, the proposed annexation is consistent with the sphere of influence of the City of Chino; and

WHEREAS, the City of Chino has reviewed and approved the Plan for Service and Fiscal Analysis prepared by the Stanley R. Hoffman Associates, Inc. (Exhibit “B”) for the subject property.

NOW, THEREFORE, the City Council of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

1. The Local Agency Formation Commission (LAFCO) for San Bernardino County is hereby requested to take proceedings for the annexation of territory as described in Exhibit “A ” according to the terms and conditions stated below and in the manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

2. The City of Chino further requests that the annexation be subject to the following terms and conditions:

a) The proposed annexation territory shall be annexed into City Council Election District No. 4; and

b) The standard terms and conditions imposed by the Local Agency Formation Commission shall be applied to the annexation territory.

3. The City acknowledges and agrees to abide by the LAFC O for San Bernardino County’s requirement for imposing legal indemnification as outlined in Policy 3 of Chapter 2 of the Internal Operations, Accounting, and Financial Section of i ts Policy and Procedure Manual.

4. The City Manager is hereby directed and authorized to execute, on behalf of the City of Chino, the application forms for the annexation which includes the preparation and certifying of the Plan for Service and Fiscal Analysis (PFS/FA) , copies of which are on file in the office of the City Clerk. As part of the application process with the LAFCO, staff will work with the County of San Bernardino to increase the City’s share of

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RESOLUTION NO. 2023-039
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property tax to be more consistent with the City’s historic share found throughout the City to allow for greater future tax revenues to better serve the project.

5. The City Clerk of the City of Chino is hereby authorized and directed to file, or cause to be filed, a certified copy of this Resolution with the Executive Officer of the LAFCO for San Bernardino County , but no earlier than authorized pursuant to that certain Pre-Annexation and Development Agreement by and between the City and Yorba Villas, LLC approved concurrently with this Resolution (Pre-Annexation Agreement).

6. The City Manager of the City of Chino is hereby authorized and directed to prepare and deliver, or cause to be prepared and delivered, to the Executive Officer of the LAFCO for San Bernardino County all application documents necessary for the initiation of proceedings for the proposed annexation , but no earlier than authorized pursuant to the Pre-Annexation Agreement.

7. The City Manager of the City of Chino is hereby authorized and directed to prepare and deliver, or cause to be prepared and delivered, to the Executive Officer of LAFCO for San Bernardino County all application documents necessary for LAFCO’s approval, pursuant to Section 65133 of the Government Code, of new or extended sewer service in accordance with the Pre-Annexation Agreement.

PASSED, APPROVED and ADOPTED THIS 5th day of July 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) ss
City of Chino )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

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RESOLUTION NO. 2023-039
PAGE 4 OF 4

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit “A” – LAFCO Annexation Map/Legal Description Exhibit “B” – Plan for Service and Fiscal Analysis

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R A M O N A A V E N U E

N O R T O N A V E N U E
PARCEL MAP NO. 2464P.M.B. 21/64

Y O R B A A V E N U E
TRACT NO. 13429M.B. 208/22-23

M O N T E V I S T A A V E N U E

F R A N C I S A V E N U E
TRACT NO. 7215M.B. 111/91-92
TRACT NO. 7937M.B. 100/97-98

SEC 3, T2S, R8W, S.B.M.

CITY OF CHINOCITY OF CHINO ANNEXATIONSAN BERNARDINO CONTY, CA BASIS OF BEARINGS:BENCHMARK:PREPARED FOR:PREPARED BY:
• •
CITY OF CHINO13220 CENTRAL AVENUE,CHINO, CA 91710TEL:(909)334-3250 LEGEND

ASSESSOR'S PARCEL NUMBER LEGEND

NOTESGENERAL DESCRIPTIONAREAAGENCIES AFFECTED
EXHIBIT "B"
NO. 9584AARON P. TILLMANNSPROFESSIONAL LAND SURVEYORSTATE OF CALIFORNIA 01/25/2023

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EXHIBIT “A”
LAFCO __________
CITY OF CHINO ANNEXATION NO. __

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TRACT NO. 7937, RECORDED IN BOOK 100, PAGES 97 AND 98 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE
10 SOUTH 00°00’45” EAST 660.10 FEET ALONG THE WESTERLY LINE OF SAID TRACT NO. 7215

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COUNTY TO THE CENTERLINE OF FRANCIS AVENUE, AS SHOWN ON SAID TRACT NO. 14373; THENCE
24 NORTH 89°59’25” WEST 660.48 FEET ALONG THE CENTERLINE OF SAID FRANCIS AVENUE TO THE POINT OF BEGINNING.

CONTAINING 144.80 ACRES, MORE OR LESS

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION.

__________________________________________
Aaron P Tillmanns DATE
PLS 9584

1/25/2023

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11661 San Vicente Blvd. Suite 306 Los Angeles, California 90049-5111 310.820.2680-p, 310.820.8341-f www.stanleyrhoffman.com DRAFT Ramona Francis Annexation Plan for Service and Fiscal Impact Analysis City of Chino Prepared for: City of Chino 13220 Central Avenue Chino, CA 91710 Attn: Mike Hitz, Principal Planner 909.334.3448 January 5, 2023 SRHA Job # 1392

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 i Plan for Service and Fiscal Impact Analysis City of Chino CERTIFICATION The City of Chino hereby certifies that this document presents the data and information required for the Plan for Service and Fiscal Impact Analysis for the Ramona Francis Annexation Area to the best of my ability, and that the facts, statements, and information presented herein are true and correct to the best of my knowledge and belief. DATE ___________ _________________________________________ SIGNATURE OF APPLICANT _________________________________________ TITLE OF APPLICANT City of Chino, California

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 ii Plan for Service and Fiscal Impact Analysis City of Chino CONTENTS EXECUTIVE SUMMARY .......................................................................................................................... v CHAPTER 1 INTRODUCTION .................................................................................................................. 1 1.1 Purpose of the Study .................................................................................................................... 1 1.2 Organization of the Report ........................................................................................................... 3 CHAPTER 2 PROJECT DESCRIPTION ....................................................................................................... 4 2.1 Land Uses ..................................................................................................................................... 4 2.2 Assessed Valuation ....................................................................................................................... 7 2.3 Projected Property Tax ................................................................................................................. 7 2.4 Projected Vehicle License Fees (VLF) - Property Tax In Lieu ........................................................ 8 2.5 Projected Off-Site Sales and Use Tax Captured in Chino .............................................................. 8 CHAPTER 3 PUBLIC FACILITIES BEFORE AND AFTER ANNEXATION ....................................................... 10 3.1 General Government and Community Development ................................................................ 12 3.2 Fire and Paramedic ..................................................................................................................... 12 3.3 Sheriff (Police) and Public Safety ................................................................................................ 13 3.4 Library ........................................................................................................................................ 14 3.5 Parks and Recreation .................................................................................................................. 14 3.6 Animal Control ........................................................................................................................... 14 3.7 Transportation ............................................................................................................................ 15 3.8 Street Lighting and Traffic .......................................................................................................... 15 3.9 Landscape Maintenance ............................................................................................................. 15 3.10 Water ......................................................................................................................................... 15 3.11 Wastewater/Sewer .................................................................................................................... 16 3.12 Solid Waste Management .......................................................................................................... 17 3.13 Flood Control and Drainage ....................................................................................................... 18 3.14 Utilities ....................................................................................................................................... 19 3.15 Schools ....................................................................................................................................... 19 3.16 Health and Welfare .................................................................................................................... 19 CHAPTER 4 ONE-TIME FEES AND CHARGES ......................................................................................... 20 CHAPTER 5 FISCAL IMPACTS OF ANNEXATION AREA ........................................................................... 23 5.1 Fiscal Impacts ............................................................................................................................. 23 5.2 Phased Fiscal Impacts ................................................................................................................. 24 5.3 General Fund Projected Recurring Revenues and Costs at Year 5 ............................................. 25 5.4 Fire Protection ............................................................................................................................ 26 CHAPTER 6 CITY OF CHINO FISCAL ASSUMPTIONS .............................................................................. 27 6.1 City General Assumptions .......................................................................................................... 27 6.2 City General Fund Revenue Assumptions .................................................................................. 29 6.3 City Gas Tax Fund ....................................................................................................................... 33 6.4 City General Fund Cost Assumptions ......................................................................................... 33 APPENDIX A SUPPORTING FISCAL TABLES ........................................................................................... 39 APPENDIX B PROJECT REFERENCES ..................................................................................................... 48

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 iii Plan for Service and Fiscal Impact Analysis City of Chino TABLES 1 Summary of Projected Fiscal Impacts ............................................................................................ vii 2-1 Development Description of Projected Growth ............................................................................... 6 2-2 Estimated 2021 Assessed Valuation of Annexation Area ................................................................. 7 2-3 Projected Off-Site Sales and Use Tax Captured in Chino .................................................................. 9 3-1 Service Providers Before and After Proposed Annexation ............................................................. 11 4-1 Summary of Cumulative Development Impact Fees, Year 5 and Buildout ..................................... 20 4-2 Cumulative Development Impact Fees, Year 5 .............................................................................. 21 4-3 Cumulative Development Impact Fees, Buildout 2040 .................................................................. 22 5-1 Summary of Projected Fiscal Impacts ............................................................................................ 23 5-2 Detailed Projected Recurring Fiscal Impacts .................................................................................. 25 6-1 City Population, Housing and Employment Assumptions .............................................................. 28 6-2 General Fund and Gas Tax Fund Recurring Revenue Factors ......................................................... 30 6-3 General Fund Recurring Cost Factors ............................................................................................. 34 6-4 Calculation of City General Government Overhead Rate ............................................................... 35 A-1 U.S. Census 2018 Live/Work Data, City of Chino ............................................................................ 39 A-2 General Fund Recurring Revenues ................................................................................................. 40 A-3 Current Tax Rate Area (TRA) Allocations ........................................................................................ 43 A-4 Estimated Vehicle License Fee (VLF) – Property Tax In Lieu Factor ............................................... 43 A-5 Calculation of Use Tax Factor ......................................................................................................... 44 A-6 Estimated Annual Residential Turnover ......................................................................................... 44 A-7 Revenue Transfers to the General Fund ......................................................................................... 45 A-8 General Fund Net Community Development Services Cost Factor ................................................ 46 A-9 Transfers from the General Fund to Other City Funds ................................................................... 47

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 iv Plan for Service and Fiscal Impact Analysis City of Chino FIGURES 1 Study Area Location, Ramona Francis Annexation Area ................................................................. vi 1-1 Aerial Map, Ramona Francis Annexation Area ................................................................................. 2 1-2 Proposed Site Plan, Ramona Francis Annexation Area .................................................................... 2 2-1 Study Area Parcel Map, Ramona Francis Annexation Area .............................................................. 5 3-1 Chino Valley Fire District Map ........................................................................................................ 13 3-2 Monte Vista Water District (MVWD) Service Area ......................................................................... 16 3-3 Inland Empire Utilities Agency Service Area .................................................................................. 18

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 v Plan for Service and Fiscal Impact Analysis City of Chino EXECUTIVE SUMMARY This report provides an assessment of public service delivery capabilities of the City of Chino and other agencies, or special districts affected by annexation of the City of Chino Sphere of Influence (SOI) Island Ramona Francis Annexation Area into the City of Chino. The 144.683-acre annexation area (identified as the Project Location in Figure 1) is currently located within the City’s sphere of influence in unincorporated San Bernardino County and surrounded by the City on 73 percent of its perimeter. It is located at the northern border of the City, generally centered on Ramona Ave and Mustang Road. The Ramona Francis Annexation Area currently includes low-density single family residential units, one public/religious structure and vacant parcels in an area zoned for RD 2 and RD 4.5 development per the City of Chino General Plan. The City’s General Plan for the SOI is in agreement with the San Bernardino County General Plan. The fiscal analysis assumes that City of Chino receives the entire 10.8 percent of the 1 percent property tax after annexation. Development after annexation for the Ramona Francis Annexation Area is based on known developments and estimated growth on identified opportunity sites within the area for the Annexation Development Scenario. The Annexation Development Scenario includes the Yorba Villas residential development approved by San Bernardino County, which includes 45 single family units on a 13.5-acre vacant parcel located at the northwest corner of Yorba Ave and Francis Ave, assumed to be completed Year 3 upon annexation. Added to 117 existing units within the Ramona Francis Annexation Area, this results in 162 cumulative units by Year 3. Additional residential units on other residential opportunity parcels identified by City of Chino staff result in another 75 units, assumed to be built by buildout year 2040 but after Year 5 upon annexation. Adjusting for an estimated replacement of units on approximately 6 parcels impacted by new development results in a net cumulative of 231 units at buildout, including 120 total new units. This results in a cumulative population of 749 persons by buildout year 2040. This report is being submitted to the County of San Bernardino Local Agency Formation Commission (LAFCO) as a “Plan for Service” required by California Government Code Section 56653. Upon annexation, the City of Chino would provide services including general government, police protection, community development, local parks and recreation, community services and public works services to the annexed area. The Chino Valley Independent Fire District will

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 vi Plan for Service and Fiscal Impact Analysis City of Chino continue to provide fire and paramedic services to the Project upon annexation. The County of San Bernardino will continue to provide Countywide services such as regional parks and recreation, regional flood control and drainage, law and justice, and health and welfare. Based on an analysis of current service delivery capabilities, the City is equipped to handle additional demand from the annexation of the proposed Ramona Francis Annexation Area. This report explains the transfer of service requirements upon annexation, estimates development impact fees and projects recurring fiscal impacts to the City of Chino for Year 5 upon annexation and buildout year 2040. Figure 1 Project Location Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 1 Study Area Location, Ramona Francis Annexation Area Source: City of Chino, Development Services Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 vii Plan for Service and Fiscal Impact Analysis City of Chino Table 1 Summary of Projected Fiscal Impacts Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 1 Summary of Projected Fiscal Impacts Summary of Fiscal Impacts As shown in Table 1, under the Annexation Development Scenario, a total of $192,376 is projected in annual revenues to the City General Fund at Year 5 upon annexation. The cumulative growth results in $382,892 in annual costs to the City General Fund for operations and maintenance. This results in a projected annual deficit of $190,525 to the City General Fund at Year 5 at a revenue to cost ratio of 0.5. Annual state gasoline tax to the City Gas Tax Fund is projected $12,873 at Year 5. Also shown in Table 1, at buildout year 2040, a total of $354,627 are projected in annual revenues to the City General Fund, including residential growth after Year 5 of annexation. The cumulative development at total Buildout 2040 results in $546,756 in annual costs to the City General Fund for annual recurring operations and maintenance. This results in an annual deficit of $192,129 projected to the City General Fund at Buildout 2040 for the Ramona Francis Annexation Area at a revenue to cost ratio of 0.65. Annual state gasoline tax to the City Gas Tax Fund is projected $18,365 at Buildout 2040. Chapter 5 presents the detailed fiscal impact analysis.

Category
Year 5
Upon
Annexation
Total
Buildout
2040
A. GENERAL FUND
Annual Recurring Revenues $192,367$354,627
Annual Recurring Costs $382,892$546,756
Net Annual Recurring Surplus or Deficit-$190,525-$192,129 Revenue to Cost Ratio 0.50 0.65
B. GAS TAX FUND
Annual Recurring State Gas Tax 1 $12,873$18,365

1. State gas tax generated by future project residents accrues to the City Gas Tax Fund and is then transferred to the City Transportation Fund to pay for street related operations and maintenance costs.

Source: Stanley R. Hoffman Associates, Inc.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 1 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 1 INTRODUCTION This report presents the plan for service and fiscal analysis of the proposed annexation of the Ramona Francis Annexation Area to the City of Chino. As shown in Figure 1, The 144.683-acre annexation area is currently located within the City’s sphere of influence in unincorporated San Bernardino County and surrounded by the City on 73 percent of its perimeter. It is located at the northern border of the City, generally centered on Ramona Ave and Mustang Road. The Ramona Francis Annexation Area currently includes low-density single family residential units, one public/religious structure and vacant parcels in an area primarily zoned for RD 2 and RD 4.5 development per the City of Chino General Plan. The City’s General Plan for the SOI is in agreement with the San Bernardino County General Plan. 1.1 Purpose of the Study The Local Agency Formation Commission (LAFCO) for San Bernardino County requires a Plan for Service and Fiscal Impact Analysis be prepared and certified when a jurisdiction is affected by a proposed change of organization or reorganization (e.g., annexation, formation). The unincorporated project intends to annex into the City of Chino, which requires the City to show that the necessary infrastructure improvements and services can be provided to the proposed development. Per the LAFCO May 2021 Policy and Procedure Manual, the Plan for Service must include the following components: a. A description of the level and range of each service to be provided to the affected territory. b. An indication of when the service can be feasibly extended to the affected territory. c. An identification of any improvement or upgrading of structures, roads, water or sewer facilities, other infrastructure, or other conditions the affected agency would impose upon the affected territory. d. The Plan shall include a Fiscal Impact Analysis which shows the estimated cost of extending the service and a description of how the service or required improvements will

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 2 Plan for Service and Fiscal Impact Analysis City of Chino Figure 1-1 Annexation Area Aerial Map Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 1-1 Aerial Map, Ramona Francis Annexation Area Source: Stanley R. Hoffman Associates, Inc; City of Chino; Google Earth 1-2 Proposed Site Plan, Ramona Francis Annexation Area

PROPOSED YORBA VILLAS PROJECT

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 3 Plan for Service and Fiscal Impact Analysis City of Chino be financed. The Fiscal Impact Analysis shall provide, at a minimum, a five (5)-year projection of revenues and expenditures. A narrative discussion of the sufficiency of revenues for anticipated service extensions and operations is required. e. An indication of whether the annexing territory is, or will be, proposed for inclusion within an existing or proposed improvement zone/district, redevelopment area, assessment district, or community facilities district. f. If retail water service is to be provided through this change of organization, provide a description of the timely availability of water for projected needs within the area based upon the factors identified in Government Code Section 65352.5 (as required by Government Code Section 56668(k)). 1.2 Organization of the Report Chapter 2 contains the description of the Ramona Francis Annexation Area. The analysis of existing public service delivery in the annexation area and upon annexation into the City is presented in Chapter 3. Chapter 4 discusses the development impact fees and charges for infrastructure associated with the proposed project. The fiscal impact analysis of the annual operations and maintenance costs for the provision of services to the Ramona Francis Annexation Area is provided in Chapter 5. Chapter 6 covers the revenue and cost assumptions used for the fiscal analysis. Appendix A includes supporting tables for the fiscal assumptions and Appendix B lists the project contacts and references used in the preparation of this study.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 4 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 2 PROJECT DESCRIPTION This chapter presents the detailed land uses proposed for the Ramona Francis Annexation Area Annexation. The projected market valuation, property tax and sales and use tax are also included in this chapter. Per the LAFCO requirement that the fiscal impact analysis in the plan for service shall provide, at a minimum, a five (5)-year projection of revenues and expenditures, the project description is presented for five years. Also presented are the fiscal impacts at buildout year 2040. 2.1 Land Uses The Ramona Francis Annexation Area currently includes low-density single family residential units, one public/religious structure and vacant parcels in an area zoned primarily for RD 2 and RD 4.5 development per the City of Chino General Plan. The City’s General Plan for the SOI is in agreement with the San Bernardino County General Plan. A total of 117 existing single-family units are estimated for the area. Projected Growth in Residential Units and Population Projected development in the annexation area is residential in character, with no non-residential use anticipated at this moment, based on inputs from City Staff. Development after annexation for the Ramona Francis Annexation Area is based on known developments and estimated growth on identified opportunity sites within the area for the Annexation Development Scenario. The Annexation Development Scenario includes the Yorba Villas residential development approved by San Bernardino County, as shown in Figure 2-1. This development includes 45 single family units on a 13.5-acre vacant parcel located at the northwest corner of Yorba Ave and Francis Ave, assumed to be completed Year 3 upon annexation. Added to 117 existing units within the Ramona Francis Annexation Area, this results in 162 cumulative units by Year 3. This results in a cumulative population of 525 persons by Year 3, stable through Year 5 upon annexation. Additional residential units on potential residential opportunity parcels identified by City of Chino staff result in another 75 units. These are assumed to be built by buildout year 2040 but after Year 5 upon annexation. Adjusting for an estimated replacement of units on approximately 6 parcels impacted by new development results in a net cumulative of 231 units at buildout, including 120 total new units. This results in a cumulative population of 749 persons by buildout year 2040.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 5 Plan for Service and Fiscal Impact Analysis City of Chino Figure 2-1 Annexation Area Parcel Map Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 2-1 Study Area Parcel Map, Ramona Francis Annexation Area Source: Stanley R. Hoffman Associates, Inc.

Yorba Villas

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 6 Plan for Service and Fiscal Impact Analysis City of Chino Table 2-1 Development Description of Projected Growth Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 2-1 Development Description of Projected Growth

(Upon TOTALAnnexation) BUILDOUTCategory Year 1Year 2Year 3Year 4Year 5Year 2040 A. Units and PopulationResidential UnitsExisting 117 117New Incremental Units 0 0 45 0 0 75 Cumulative New Units 1 0 0 45 45 45 120
Minus Units Replaced by New Development 2 0 0 0 0 0 6Total Net Cumulative Units 117 117 162 162 162 231 Population - Annexation AreaExisting Population (@ 3.37 per unit) 379 379 379 379 379 379Plus Cumulative New Population (@ 3.37 per unit)0 0 146 146 146 389Minus Population in Units Replaced (@3.37 per unit)0 0 0 0 0 19 Total Cumulative Population 3 379 379 525 525 525 749
B. Estimated Assessed Valuation
Current Valuation 4
Annexation Area 1 $49,427,627$0 $0 $0 $0$49,427,627Minus Valuation Replaced by Development$0 $0 $0 $0 $0$3,785,691Estimated Value per
New Unit 5
New Incremental Valuation $710,000$0 $0$31,950,000$0 $0$53,250,000 Estimated New Cumulative Valuation for PTVLF$0 $0$31,950,000$31,950,000$31,950,000$85,200,000 Cumulative Total Valuation for Property Tax incl.Base$49,427,627$49,427,627$81,377,627$81,377,627$81,377,627$134,627,627 C. Projected Annual Property TaxAnnual 1 Percent Property Tax Levy Cumulative 1 Percent Property Tax Levy$494,276$494,276$813,776$813,776$813,776$1,346,276 Annual General Fund Property (@ 10.8% of 1 Percent Levy) Total Cumulative Property Tax - General Fund $53,382$53,382$87,888$87,888$87,888$145,398 D. Projected VLF-Property Tax In Lieu
Total Annual Valuation for VLF-Property Tax In Lieu 6
Total Cumulative New Valuation for VLF-Property In Lieu $0$31,950,000$31,950,000$31,950,000$85,200,000 Total Annual VLF-Property Tax In Lieu (@ $700 per $1,000,000 Assessed Valuation)Total Cumulative Projected VLF-Property Tax In Lieu$0 $0$22,365$22,365$22,365$59,640

1. 45 new units for Yorba Villas are assumed in Year 3 after annexation, no additional new units are assumed within Year 5 of the cumulative analysis. An additional 75 units on opportunity sites identified by the City are assumed after Year 5 up to Buildout Year 2040 for a cumulative total of 120 new units by 2040.

2. Redevelopment on opportunity sites identified by the City are projected to add 75 new units while replacing 6 existing units.

3. Total population is projected at the Citywide average of 3.37 persons per unit, and rounded to the nearest whole number.

4. Current valuation is based on the 2021 tax roll values as presented in Table 2-3. When new units are constructed in Year 3, the existing taxable valuation of $49.4 million is included to the cumulative property valuation for property tax projections.

5. The average value of $710,000 per unit was estimated from 6 month market sales transactions reported by Redfin for 3,4,and 5 bedroom units for Chino in June, 2021. This value has been used to reflect long-term average home price in reflection of current cooling in the housing market.

6. Vehicle license fees (VLF) property tax in lieu is projected based on the increase in assessed valuation in a jurisdiction. Per State law, when an annexation occurs the existing valuation in the annexing area cannot be used in adjusting the amount of assessed valuation in the annexing City. Therefore, the current taxable valuation of $49.4 million is not included in the projection of property tax in lieu of VLF in Year 1 (upon annexation).

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Development Services Department Annexation Area 1

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 7 Plan for Service and Fiscal Impact Analysis City of Chino

2.2 Assessed Valuation Cumulative new incremental assessed valuation for the Annexation Area at Year 5 is projected at about $31.95 million for the development scenario including Yorba Villas, as shown in Panel B of Table 2-1. New residential valuation is estimated at $710,000 per unit based on market data obtained for Chino. The current assessed valuation for the area of about $49.43 million is estimated. Taken together with the incremental valuation from new units, the total valuation base for the Ramona Francis Annexation Area is estimated at $81.38 by Year 5 upon annexation. Existing assessed valuation is based on the County Assessor’s annual 2021 tax roll values, as shown in Table 2-2. By Buildout 2040, additional new incremental assessed valuation for the Annexation Area is estimated at $53.25 million for the total 75 new units on other opportunity sites, as shown in Panel B of Table 2-1. New residential valuation is estimated at $710,000 per unit based on market data obtained for Chino. Added to the new valuation for Yorba Villas, this results in cumulative new valuation of $85.20 million by Buildout 2040. Adding to the existing base with adjustments for development replaced by the new units on opportunity sites results in net total valuation base of $134.63 million at Buildout 2040 for the Ramona Francis Annexation Area. The valuation replacement adjustment for the existing base on opportunity sites is estimated at $3.79 million. Table 2-2 Estimated 2021 Assessed Valuation of Annexation Area Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 2-2 Estimated 2021 Assessed Valuation of Annexation Area

2.3 Projected Property Tax It is assumed that the City General Fund will receive the full property tax share amounting to 10.8 percent of the basic one percent property tax levy on assessed valuation, as discussed in the Chapter 6 fiscal assumptions. 2022 Assessed Valuation
Annexation minus Exemptions Net
Area Land ImprovementHomeownerSpecial Value
Area 1 $22,372,010$31,288,346 $0 $4,232,729$49,427,627
Sources: Stanley R. Hoffman Associates, Inc.

San Bernardino County Assessor, Property Information Management System (PIMS), Year 2022 Tax Roll

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 8 Plan for Service and Fiscal Impact Analysis City of Chino Under the Annexation Development Scenario, as shown in Panel C of Table 2-1, property tax to the City General Fund for the current assessed valuation upon annexation (Year 1) is projected at $53,382. As the Yorba Villas residential units are completed in Year 3, cumulative property tax is projected to increase to $87,888 through Year 5 upon annexation accruing annually to the City General Fund. By Buildout 2040, the total cumulative annual property tax accruing to the City General Fund is projected to reach $145,398. 2.4 Projected Vehicle License Fees (VLF) - Property Tax In Lieu The City General Fund will also receive VLF-property tax in lieu based on the increase in assessed valuation in the City. Per State law, when an annexation occurs the existing valuation in the area that is being annexed cannot be used in adjusting the base amount of assessed valuation in the annexing City. The City will receive VLF-property tax in-lieu (PTVLF) based on the change in its gross assessed valuation of taxable property for new development in the annexed area. As shown in Appendix Table A-5, the VLF - property tax in lieu rate for the City is projected to increase at $700 per million dollars of new assessed valuation (AV). For the Annexation Development Scenario, as shown in Panel D of Table 2-1, no PTVLF is projected for existing valuation in Year 1 per State law. By Year 3 upon annexation through Year 5, PTVLF is projected $22,365 annually based on the estimated $31.95 million in cumulative new assessed valuation. By Buildout 2040, PTVLF is projected to increase to $59,640 on the cumulative new assessed valuation of $85.20 million. 2.5 Projected Off-Site Sales and Use Tax Captured in Chino Sales and use tax are projected for the retail taxable sales that will be captured in the City from off-site purchases made by the residents of the Ramona Francis Annexation Area. Only sales made by the new households in the annexation area are assumed for this calculation, based on discussions with the City Finance Director. Off-site retail sales and use tax from taxable purchases made by future residents in the Ramona Francis Annexation Area is projected based on the resident’s estimated household income and the estimated taxable retail purchases made in the City. Household income is estimated at 30 percent of average housing value based on conventional practices followed under federal and state housing guidelines. Based on the U.S. Bureau of Labor Statistic, Consumer Expenditure

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 9 Plan for Service and Fiscal Impact Analysis City of Chino Survey, the fiscal analysis estimates the Ramona Francis Annexation Area residents will generate total taxable retail purchases at about 32 percent of household income. For the Annexation Development Scenario, as shown in Table 2-3, estimated annual off-site retail sales and use tax from taxable purchases made by future residents are projected at $25,833 at Year 5 upon annexation. This estimate is based on total household income projected at about $9.59 million by Year 5 (30 percent of residential valuation of about $31.95 million). At 32 percent of household income, the projected retail taxable purchases made by new subdivision residents are projected at about $3.07 in Year 5. Based on previous studies for the City, it is assumed that 75 percent of the retail taxable purchases or about $2.30 million will be made in the City in Year 5 upon annexation. By Buildout 2040, projected off-site retail taxable purchases captured within the City increases to $6.13 million. At one percent of the estimated captured taxable sales, sales tax is projected at $23,004 in Year 5 upon annexation. At the City average use tax rate of 12.3 percent of sales tax, an additional $2,829 of use tax is projected in Year 5. Taken together, sales and use tax accruing to City General Fund is projected at $25,833 in Year 5, which increases to $68,889 by Buildout Year 2040. Table 2-3 Projected Off-Site Sales and Use Tax Captured in Chino Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 2-3 Projected Off-Site Sales and Use Tax Captured in Chino

BuildoutCategory Year 1Year 2Year 3Year 4Year 52040
Incremental New Residential Valuation $0 $0$31,950,000$31,950,000$31,950,000$85,200,000 Household Income (@ 30% of household valuation) 1 $0 $0$9,585,000$9,585,000$9,585,000$25,560,000 Retail Taxable Sales (@ 32% of household income)$0 $0$3,067,200$3,067,200$3,067,200$8,179,200 Projected Off-Site Retail Taxable Sales Captured in Chino 2 $0 $0$2,300,400$2,300,400$2,300,400$6,134,400(@ 75% capture) Projected Sales and Use Tax to ChinoSales Tax (@ 1% of taxable sales) $0 $0$23,004$23,004$23,004$61,344Use Tax (@ 12.3% of sales tax) $0 $0$2,829$2,829$2,829$7,545Total Projected Sales and Use Tax$0 $0$25,833$25,833$25,833$68,889

2. Based on conventional standards, household income is estimated at 30 percent of average housing value.3. Based on previous studies, including inputs from City Staff, Chino is assumed to capture 75 percent of the project residents' retail taxable sales.

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Finance Department Annexation Area 1

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 10 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 3 PUBLIC FACILITIES BEFORE AND AFTER ANNEXATION This chapter describes the existing and anticipated future service providers for the proposed Ramona Francis Annexation Area Annexation. The level and range of the following services are in this chapter: • General Government • Fire and Paramedic • County Sheriff and Public Safety • Library • Parks and Recreation • Animal Control • Transportation • Street Lighting and Traffic Signals • Landscape Maintenance • Water • Wastewater/Sewer • Solid Waste Management • Flood Control and Drainage • Utilities • Schools • Health and Welfare As presented in Table 3-1, San Bernardino County and local special districts provide many services to the annexation area, located in Chino’s Sphere of Influence (SOI), including general government, community development, sheriff services, library, animal control, street lighting, road maintenance, flood control, solid waste management and health and welfare. Fire and paramedic services are provided by the Chino Valley Independent Fire District (CVIFD). After annexation, the City of Chino is anticipated to provide services including general government, community development, public safety through the City of Chino Police Department, local parks and recreation, street lighting and traffic signals, landscape maintenance, transportation, water, sewer and solid waste management. Certain one-time development impact fees are collected for public facilities and are detailed in Chapter 4. The City of Chino will contract for animal control services from the Inland Valley Humane Society after annexation, and solid waste service providers (County contract for waste

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 11 Plan for Service and Fiscal Impact Analysis City of Chino Table 3-1 Service Providers Before and After Proposed Annexation Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 3-1 Service Providers Before and After Proposed Annexation management) will transfer from USA Waste of California and Burrtec Waste Industries for the area to Waste Management (company has an existing contract with the City of Chino).

Service Current Service Provider Anticipated Service Provider General Government Services:

Finance Division San Bernardino County City of Chino
Human Resources DivisionSan Bernardino County City of Chino Business Registration San Bernardino County City of Chino Economic DevelopmentSan Bernardino County City of Chino Community Development:

Planning San Bernardino County City of Chino
Building & Safety San Bernardino County City of Chino
Code Compliance San Bernardino County City of Chino
Fire and Paramedic Chino Valley Independent Fire DistrictChino Valley Independent Fire District Sheriff/Police San Bernardino County Sheriff City of Chino Police Department Library San Bernardino County Library San Bernardino County, Chino Branch Parks and Recreation:

Local facilities n/a City of Chino
Regional facilities San Bernardino County San Bernardino County Animal Control San Bernardino County Animal Care & Control ProgramInland Valley Humane Society Transportation:

Freeways and Interchanges Cal Trans Cal Trans
Arterials and collectors San Bernardino County Public WorksCity of Chino Local roads San Bernardino County Public WorksCity of Chino Transit Omnitrans, Foothill Transit, Orange County
Transportation Authority, Metrolink, Amtrak
Omnitrans, Foothill Transit, Orange County
Transportation Authority, Metrolink, Amtrak
Street Lighting and Traffic SignalsSouthern California Edison and/or County of San Bernardino
City of Chino
Landscape Maintenance n/a City of Chino
Water:

Domestic Water City of Chino/Monte Vista Water DistrictCity of Chino/Monte Vista Water District Recycled Water Inland Empire Utilities Agency Inland Empire Utilities Agency/City of Chino Water Quality Monte Vista Water District Monte Vista Water District Wastewater/Sewer Inland Empire Utilities Agency Inland Empire Utilities Agency/City of Chino Solid Waste ManagementSan Bernardino County contract with USA Waste of California (CFA-3) and Burrtec Waste Industries (CFA-2) Chino Contract with Waste Management
Flood Control and Drainage:

Local facilities San Bernardino County Flood Control DistrictSan Bernardino County Flood Control District Regional facilities San Bernardino County Flood Control DistrictSan Bernardino County Flood Control District Utilities:

Cable/Internet Provider/Telephone Time Warner/Verizon Time Warner/Verizon Power Southern California Edison Southern California Edison Natural Gas Southern California Gas Company Southern California Gas Company Schools Chino Valley Unified School District Chino Valley Unified School District Health and Welfare San Bernardino County Department of Public HealthSan Bernardino County Department of Public Health Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Website and Chino General Plan, Public Services and Facilities Element City of Chino, Planning Department
City of Chino, Finance Department
County of San Bernardino, Public Works Department and Special Services District

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 12 Plan for Service and Fiscal Impact Analysis City of Chino The County of San Bernardino will provide services such as county library, regional parks and recreation, flood control and drainage, and health and welfare after annexation. The Chino Valley Independent Fire District will continue to provide fire and paramedic services, and project residents will remain in the Chino Valley Unified School District. 3.1 General Government and Community Development Before Annexation San Bernardino County currently provides general government, including administrative and economic development, and community development services to the annexation area. After Annexation The City of Chino will provide general government services which include administrative services as well as services such as General Governance, Finance, Human Resources and Economic Development to the annexation area. Chino will provide Community Development services comprised of Planning, Building and Safety and Code Compliance; and Community Services to the annexation area. 3.2 Fire and Paramedic Before and After Annexation The Chino Valley Independent Fire District (CVIFD) provides fire and paramedic services to the Cities of Chino and Chino Hills, as well as surrounding incorporated areas which include the annexation area, as shown in Figure 3-1. The CVIFD will continue to provide fire and paramedic services after annexation. The district’s jurisdiction covers approximately 80 square miles in size and has an estimated population of 173,000. The firefighters, paramedics, and specialized teams respond to structure fires, vegetation fires, medical aids, traffic collisions, confined space rescues, water rescues, and hazardous materials incidents. The specialized teams include Urban Search and Rescue, and Hazardous Materials and Swift Water Rescue. The CVIFD includes seven fire stations which employ over 100 professional firefighters. The response time for emergency calls varies within the City. Based on the origination of the call, the drive time may vary. The two fire stations closest to the annexation area include

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 13 Plan for Service and Fiscal Impact Analysis City of Chino Station 5 located at 12220 Ramona Avenue (about 0.2 miles from the annexation area) and Station 7 located at 5980 Riverside Drive (about 2 miles from the annexation area). Figure 3-1 Chino Valley Fire District Map City of Chino and Surrounding Areas 3-1 Chino Valley Fire District Map

3.3 Sheriff (Police) and Public Safety Before Annexation The County Sheriff currently provides public safety services to the annexation area. After Annexation After the annexation, the City of Chino will provide local police services through the City of Chino Police Department. The police headquarters are located at 5450 Walnut Avenue, about 2.0 miles from the annexation area.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 14 Plan for Service and Fiscal Impact Analysis City of Chino

3.4 Library Before and After Annexation The Chino Branch Library is a branch of the San Bernardino County Library system that currently serves the annexation area and will continue to provide services after annexation. The library is located at 13180 Central Avenue in the City of Chino, about 2.5 miles from the project. 3.5 Parks and Recreation Before Annexation There are no local or regional San Bernardino County park facilities in the annexation area. Current annexation area residents are assumed to use nearby City park facilities. Regional park facilities outside the annexation area are operated and maintained by the County. After Annexation Local Park and Recreation services provided by the City of Chino and regional facilities located in San Bernardino County are expected to be accessible to the residents of the annexation area. Some of the amenities in the City parks are baseball fields, basketball courts, lighted tennis courts, volleyball/sport courts, open areas for football and soccer, playground areas (tot lot areas), picnic tables, barbecue pits, electricity upon request, drinking fountains, restrooms, trails and a dog park for small and large dogs. The Community Services Department is responsible for providing quality parks and facilities and the Public Works Department provides maintenance and improvements to the parks. According to the General Plan, the City’s standard provision of parks to residents is 3.0 acres of parkland per 1,000 residents. 3.6 Animal Control Before Annexation The County San Bernardino Animal Care and Control Program currently provides services to the annexation area. After Annexation Upon annexation, the City of Chino will contract with the Inland Valley Humane Society to provide animal control services to the proposed annexation area.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 15 Plan for Service and Fiscal Impact Analysis City of Chino

3.7 Transportation Before Annexation Current transportation services for Chino include freeways and interchanges serviced by Caltrans; arterials, collectors and local roads serviced by the County Public Works Department; and public transit serviced by Omnitrans, Foothill Transit, Orange County Transportation Authority, Metrolink, and Amtrak. After Annexation Caltrans and the previously mentioned public transit agencies will continue to provide their services post annexation. The City will service public arterials, collectors, local roads and signals associated with the proposed project. The developer will be responsible for street improvements and the fees for local circulation systems, as shown in Chapter 4. 3.8 Street Lighting and Traffic Before Annexation Two existing street lights are currently serviced by Southern California Edison (SCE). After Annexation Upon annexation, the project area will be annexed into Chino’s Street Lighting District. 3.9 Landscape Maintenance Before Annexation The annexation area is not currently in a landscape maintenance district. After Annexation The City Public Works Department will be responsible for landscape maintenance associated with the project after annexation. The developer is responsible for the plans and specifications for the landscaping and irrigation improvements for the proposed project. 3.10 Water Before and After Annexation The City of Chino and The Monte Vista Water District (MVWD) currently provide retail potable water service to different portions of the Ramona Francis Annexation Area. The service area for the MVWD is shown in Figure 3-2, which shows the district boundary cut midway between Ramona Ave and Yorba Ave. The annexation area currently receives domestic water and water quality services from Chino and MVWD, and recycled water services from the Inland Empire Utilities Agency (IEUA). These services will continue to be provided by the same agencies upon annexation.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 16 Plan for Service and Fiscal Impact Analysis City of Chino Figure 3-2 Monte Vista Water District (MVWD) Service Area City of Chino and Surrounding Areas 3-2 Monte Vista Water District (MVWD) Service Area Source: San Bernardino County, LAFCO. 3.11 Wastewater/Sewer Before Annexation Wastewater/sewer services are not currently provided to the Ramona Francis Annexation Area site. The site is located in the IEUA service area, which provides the operations and maintenance of regional sewer collection facilities for the City and the areas outside its boundaries, as shown in Figure 3-3. After Annexation The City of Chino is served by a local wastewater system and the regional IEUA system. The local system consists of a City-owned and maintained gravity flow collection and conveyance sanitary sewer system. The Ramona Francis Annexation Area will connect to the local City system upon annexation. The wastewater treatment capacity of the City system is 71.7 million gallons per day (mgd), with anticipated use of about 10.7 mgd at buildout of the City’s General Plan. There is Monte Vista Water District (MVWD)

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 17 Plan for Service and Fiscal Impact Analysis City of Chino sufficient surplus treatment capacity in the City system to accommodate the estimated 4,680 gallons of wastewater per day from buildout of the proposed Ramona Francis Annexation Area. The IEUA owns and operates a 66-mile regional interceptor system that collects and conveys wastewater from local sewers owned and operated by its member agencies, including the City of Chino. The IEUA has organized its service area into two portions: the Northern Service Area (NSA), generally north of State Route 60, and the Southern Service Area (SSA), generally south of State Route 60. The annexation area is within the NSA. The City of Chino itself does not have wastewater treatment facilities and therefore depends on the IEUA treatment plants. The City of Chino pays the IEUA for the treatment and disposal of wastewater. The wastewater treatment requirements of the projected growth in the Ramona Francis Annexation Area are within the existing capacity of the IEUA. 3.12 Solid Waste Management Before Annexation The current service provider for collection of solid waste in the annexation area is USA Waste of California within County area designated CFA-3 covering most of the annexation area and Burrtec Waste Industries within County area designated CFA-2 for a portion of the annexation area north of Francis Street between Yorba Avenue and Norton Avenue. After Annexation The City contracts with Waste Management, Inc. to provide solid waste collection services. Solid waste that is not diverted to recycling or composting facilities is transported to the El Sobrante Landfill. The proposed project is expected to have minimal impact on the landfill facility.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 18 Plan for Service and Fiscal Impact Analysis City of Chino Figure 3-3 Inland Empire Utilities Agency Service Area City of Chino and Surrounding Areas 3-3 Inland Empire Utilities Agency Service Area Sources: Stanley R. Hoffman Associates, Inc. Inland Empire Utilities Agency 3.13 Flood Control and Drainage Before and After Annexation The City of Chino, the San Bernardino County Flood Control District (SBCFD) and the Army Corp of Engineers manage flood control in the City. The City has several flood control channels and creeks. Deficiencies were identified in the City’s Master Plan of Drainage. Any required drainage improvement will be part of the conditions of project approval for new development.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 19 Plan for Service and Fiscal Impact Analysis City of Chino The County Flood Control District is responsible for intercepting and conveying flood flows through and away from the City. In accordance to the National Pollutant Discharge Elimination System (NPDES) permit program, the proposed project is required to design their storm water collection system to control water pollution by regulating point sources that discharge pollutants into the water. The on-site storm drain system would be designed, installed and maintained per City Public Works Division standards. Costs for these improvements will be covered by the developer or through development impact fees, as estimated in Table 4-2. 3.14 Utilities Before and After Annexation Utilities include Cable, Internet, Telephone, Power, and Natural Gas. Before and after annexation, the following services will be provided: 1. Cable/Internet/ Telephone - Time Warner and Verizon 2. Power – Southern California Edison 3. Natural Gas – Southern California Gas Company 3.15 Schools Before and After Annexation Public education in the City of Chino is provided by the Chino Valley Unified School District (CVUSD). Schools in the CVUSD that provide service to the annexation area include: E. J. Marshall Elementary School, Ramona Junior High School, and Don Antonio Lugo High School. Collectively, these schools provide education for students from Kindergarten through 12th grade. CVUSD is the current school service provider for the annexation area and will continue in this role after annexation. 3.16 Health and Welfare Before and After Annexation San Bernardino County Department of Public Health currently services the City for the general public’s health and welfare and will provide these services to the proposed project upon annexation with no changes in service levels or costs. The department provides a variety of programs and services that informs and educates the public about health issues.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 20 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 4 ONE-TIME FEES AND CHARGES This section presents the one-time fees and charges for the Ramona Francis Annexation Area associated with the new single family residential units under the Annexation Development Scenario, including total 45 new residential units by Year 5 upon annexation and total 120 new units by Buildout 2040. Development fees are one-time fees paid for by the developer to offset the additional public capital costs of new development. As summarized in Table 4-1, under the Annexation Development Scenario, the cumulative City development impact fees (DIFs) and the Chino Valley Unified School District (CVUSD) DIFs for the projected growth are estimated at a total of $2.79 million by Year 5. Of this total, City related development impact fees are estimated at $2.08 million, about 75 percent of the total fees, and the CVUSD development impact fees are estimated at $711,315 for the balance 25 percent. By Buildout 2040, total cumulative DIFs increase to $6.06 million, with $4.16 million accruing to the City of Chino and $1.90 million to the CVUSD. Detailed development impact fees for are presented in Table 4-2 for Year 5 and Table 4-3 for Buildout 2040. The City of Chino administers a capital impact administration charge that is 12 percent of the development impact fees related to categories B through J in Panel A of Table 4-2 and Table 4-3. The capital impact administration charge is not applicable to the CVUSD DIF in Panel B. Table 4-1 Summary of Cumulative Development Impact Fees Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 4-1 Summary of Cumulative Development Impact Fees, Year 5 and Buildout

Year 5 Buildout
Fee Category Impact Fees 2040
City of Chino Development Impact Fees $2,080,192$4,164,778 Chino Valley Unified School District Developer Impact Fees$711,315 $1,896,840 Total Fees $2,791,507$6,061,618
Sources: Stanley R. Hoffman Associates, Inc.

City of Chino Development Services Department, Fee Schedule, July 5, 2022.

Chino Valley Unified School District, Developer Fee Schedule, Board Effective, June 20, 2022

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 21 Plan for Service and Fiscal Impact Analysis City of Chino Table 4-2 Cumulative Development Impact Fees, Year 5 Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 4-2 Cumulative Development Impact Fees, Year 5

Units Fee per UnitTotal Fees
Panel A. City Development Impact Fees
Capital Impact Administration Charge 1 12% of City Development Impact Fees Subtotal

1.Law Enforcement Facilities, Vehicles and Equipment 45 $637 $28,665

2.Fire Suppression Facilities, Vehicles and Equipment 45 $1,310 $58,950

3.Circulation (Streets, Signals and Bridges) System 45 $4,586 $206,370

4.Storm Drainage Collection System Facilities 45 $2,396 $107,820

5.Water Source, Storage and Distribution 2 n/a n/a n/a

6.Sewage Collection System 45 $583 $26,235

7.General Facilities, Vehicles and Equipment 45 $156 $7,020

8.Public Use (Community Center) Facilities 45 $4,736 $213,120 Subtotal 1-8 $648,180
12% Capital Impact Administration Charge $77,782
City Development Impact Fees Subtotal $725,962
Additional City Related Development Impact Fees (with no 12 percent Capital Impact Administration Charge) Residential Parks and Recreation Fee 45 $22,494 $1,012,230 Sewage Facilities Development Fee 45 $7,600 $342,000
Additional City Related Development Impact Fees Subtotal $1,354,230 Total City Development Impact Fees $2,080,192
Panel B. School Development Impact Fees
Estimated Total
Square Feet of
Units 3
Fee per Residential
Building Square
Foot
Chino Valley Unified School District 148,500 $4.79 $711,315 Total Development Impact Fees $2,791,507

1. The City of Chino administers a Capital Impact Administration Charge that is 12% of the development impact fees related to categories 1-8 in Panel A. School Fees and Additional City Related Development Impact Fees are excluded from the Capital Impact Administration Charge.

2. The Yorba Villas project will receive domestic water and water quality services from the Monte Vista Water District.

Therefore, City water source, storage and distribution fees are not included for this project.

3. The estimated total square feet of units is based on an average size of 3,300 square feet per single family residence from prior studies single family residence. Therefore, a total of 148,500 square feet is estimated for 45 units.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino Development Services Department, Fee Schedule, July 5, 2022.

Chino Valley Unified School District, Developer Fee Schedule, Board Effective, June 20, 2022 Fee Category

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 22 Plan for Service and Fiscal Impact Analysis City of Chino Table 4-3 Cumulative Development Impact Fees, Buildout 2040 Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 4-3 Cumulative Development Impact Fees, Buildout 2040

Units Fee per UnitTotal Fees
Panel A. City Development Impact Fees
Capital Impact Administration Charge 1 12% of City Development Impact Fees Subtotal

1.Law Enforcement Facilities, Vehicles and Equipment120 $637 $76,440

2.Fire Suppression Facilities, Vehicles and Equipment 120 $1,310 $157,200

3.Circulation (Streets, Signals and Bridges) System 120 $4,586 $550,320

4.Storm Drainage Collection System Facilities 120 $2,396 $287,520

5.Water Source, Storage and Distribution 2 n/a n/a n/a

6.Sewage Collection System 120 $583 $69,960

7.General Facilities, Vehicles and Equipment 120 $156 $18,720

8.Public Use (Community Center) Facilities 120 $4,736 $568,320 Subtotal 1-8 $1,728,480
12% Capital Impact Administration Charge $207,418
City Development Impact Fees Subtotal $1,935,898
Additional City Related Development Impact Fees (with no 12 percent Capital Impact Administration Charge) Residential Parks and Recreation Fee 120 $11,619 $1,394,280 Sewage Facilities Development Fee 120 $6,955 $834,600
Additional City Related Development Impact Fees Subtotal $2,228,880 Total City Development Impact Fees $4,164,778
Panel B. School Development Impact Fees
Estimated Total
Square Feet of
Units 4
Fee per Residential
Building Square
Foot
Chino Valley Unified School District 396,000 $4.79 $1,896,840 Total Development Impact Fees $6,061,618

2. The Yorba Villas project will receive domestic water and water quality services from the Monte Vista Water District.

Therefore, City water source, storage and distribution fees are not included for this project.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino Development Services Department, Fee Schedule, July 5, 2022.

Chino Valley Unified School District, Developer Fee Schedule, Board Effective, June 20, 2022 Fee Category

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 23 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 5 FISCAL IMPACTS OF ANNEXATION AREA This chapter presents the fiscal impacts of the Ramona Francis Annexation Area to the City of Chino General Fund on annual recurring basis and the projected recurring state gas tax to the City Gas Tax Fund after annexation. Projected annual recurring costs to the General Fund are for ongoing operations and maintenance expenditures. Fiscal impacts are shown in Constant 2022 Dollars with no adjustment for possible future inflation. The fiscal assumptions for the fiscal analysis are presented in Chapter 6. The fiscal analysis assumes that City of Chino receives the entire 10.8 percent of the 1 percent property tax after annexation. 5.1 Fiscal Impacts As summarized in Table 1, under the Annexation Development Scenario, a total of $192,376 is projected in annual revenues to the City General Fund at Year 5 upon annexation. The cumulative growth results in $382,892 in annual costs to the City General Fund for operations and maintenance. This results in a projected annual deficit of $190,525 to the City General Fund at Year 5 at a revenue to cost ratio of 0.5. Annual state gasoline tax to the City Gas Tax Fund is projected $12,873 at Year 5. Table 5-1 Summary of Projected Fiscal Impacts Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 5-1 Summary of Projected Fiscal Impacts

Source: Stanley R. Hoffman Associates, Inc.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 24 Plan for Service and Fiscal Impact Analysis City of Chino As also shown in Table 1, at buildout year 2040, a total of $354,627 are projected in annual revenues to the City General Fund, including residential growth after Year 5 of annexation. The cumulative development at total Buildout 2040 results in $546,756 in annual costs to the City General Fund for annual recurring operations and maintenance. This results in an annual deficit of $192,129 projected to the City General Fund at Buildout 2040 for the Ramona Francis Annexation Area at a revenue to cost ratio of 0.65. Annual state gasoline tax to the City Gas Tax Fund is projected $18,365 at Buildout 2040. 5.2 Phased Fiscal Impacts The projected cumulative impacts to the City General Fund for the first five years upon annexation and Buildout 2040 for the Annexation Development Scenario for the Ramona Francis Annexation Area are presented in Table 5-2. Up to Year 5 upon Annexation As shown in Table 5-2, at Year 1 upon annexation, an annual fiscal deficit of $183,441 is projected to the General Fund, which includes only the existing development in the Ramona Francis Annexation Area at a revenue to cost ratio of 0.34. This includes $92,719 in annual revenues and $276,160 in annual operations and maintenance costs. By Year 3 through Year 5 upon annexation, with the completion of the Yorba Villas project, the revenue to cost ratio improves to 0.5 with projected annual revenues increasing to $192,367 and annual costs increasing to $382,892 for a deficit of $190,525. State gas tax is allocated on a per capita basis. State gas tax is projected at $9,293 in Year 1 and increases to $12,873 at Year 5. These revenues are earmarked for road related expenditures. Buildout 2040 As shown in Table 5-2, by Buildout 2040, including residential growth after Year 5 of annexation, the revenue to cost ratio improves further to 0.65 with projected revenues increasing to $354,612 and costs increasing to $546,756 for a deficit of $192,129. State gas tax is allocated on a per capita basis is projected to increase to $18,365 at buildout.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 25 Plan for Service and Fiscal Impact Analysis City of Chino Table 5-2 Detailed Projected Recurring Fiscal Impacts Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 5-2 Detailed Projected Recurring Fiscal Impacts

5.3 General Fund Projected Recurring Revenues and Costs at Year 5 Recurring Revenues About 70 percent of the total projected revenues at Year 5 under Annexation Development Scenario include property tax, PTVLF, sales and use tax, and franchise fees. Recurring Costs Police protection and General Fund transfers to other City funds that provide City services are the largest projected recurring costs and account for about 85 percent of total projected recurring costs for the Ramona Francis Annexation Area at Year 5.

ANNEXATION AREA 1(Upon TOTALAnnexation) BUILDOUTPercentCategory Year 1Year 2Year 3Year 4Year 5Year 2040of Total A. GENERAL FUNDGeneral Fund Annual Recurring RevenuesProperty Taxes $53,382$53,382$87,888$87,888$87,888$145,39845.7%Property Tax - In Lieu of VLF 0 0 22,36522,36522,36559,64011.6%Franchise Fees 11,58211,58216,04416,04416,04422,8898.3%Off-Site Retail Sales and Use Tax 0 0 25,83325,83325,83368,88913.4%Real Property Transfer Tax 0 1,0871,7901,7901,7902,9620.9%Licenses, Permits, Fines and Fines2,2822,2823,1613,1613,1614,5091.6%Charges for Services (excluding one-time charges)1,3001,3001,8011,8011,8012,5690.9%Other Revenue 3,6843,6845,1035,1035,1037,2802.7%Transfers in to General Fund 20,48920,48928,38228,38228,38240,49114.8%Total Recurring Revenues$92,719$93,806$192,367$192,367$192,367$354,627100.0% General Fund Annual Recurring CostsGeneral Government $21,997$21,997$30,470$30,470$30,470$43,4718.0%Contribution to Chino Valley Independent Fire District1,3291,3292,1882,1882,1883,6200.6%Police Protection 154,897154,900214,568214,568214,568306,11656.0%Community Development 20,95120,95129,02229,02229,02241,4057.6%Public Works 1,0691,0691,4811,4811,4812,1120.4%Transfers to Other Funds 75,91775,917105,163105,163105,163150,03227.5%Total Recurring Costs$276,160$276,163$382,892$382,892$382,892$546,756100.0% General Fund Annual Recurring Surplus-$183,441-$182,357-$190,525-$190,525-$190,525-$192,129 General Fund Revenue/Cost Ratio0.34 0.34 0.50 0.50 0.50 0.65 B. GAS TAX FUND
Annual Recurring State Gas Tax 1 $9,293$9,293$12,873$12,873$12,873$18,365

Sources: Stanley R. Hoffman Associates, Inc.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 26 Plan for Service and Fiscal Impact Analysis City of Chino

5.4 Fire Protection The Chino Valley Independent Fire District (CVIFD) provides fire protection to the project site and will continue to provide service after annexation to the City of Chino. Based on discussion with the City Finance Director in prior studies, when the TRA allocation to the CVIFD is below the citywide average of about 15.07 percent of the basic one percent levy, the City has a contract to provide payments to the CVIFD to make up the difference between the specific TRA allocation for the annexed area and the citywide average of 15.07 percent. The Ramona Francis Annexation Area is located within TRAs 61056, 61060, 61101, 61102 and 61103, which allocate an average of about 14.80 percent of the one percent property tax levy to the CVIFD. Therefore, the City will transfer an amount equal to the difference of about 0.27 percent (15.07-14.80) of the basic one percent property tax levy for the Ramona Francis Annexation Area to the CVIFD.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 27 Plan for Service and Fiscal Impact Analysis City of Chino CHAPTER 6 CITY OF CHINO FISCAL ASSUMPTIONS This chapter presents the revenue and cost assumptions for the fiscal analysis of the Ramona Francis Annexation Area proposed annexation. The general demographic and economic assumptions used for calculating fiscal factors are first presented. The assumptions for projecting recurring revenues are then presented followed by the assumptions for projecting recurring costs. The City’s revenues and costs as presented in the City of Chino, Fiscal Year 2022-23 Budget and discussions with key City staff are the sources for calculating fiscal factors. 6.1 City General Assumptions Fiscal impacts that are not based on valuation and taxable sales are generally projected based on a per capita, per employee, or per service population basis. General fund revenue and cost factors are estimated by dividing the Fiscal Year (FY) 2022-23 budget categories by the City’s population, employment, or total service population. Table 6-1 provides the City’s general assumptions for this fiscal analysis. Population Chino’s total population of 91,998 is based on the State Department of Finance (DOF) estimate as of January 1, 2022. The City population estimate is used for projecting certain revenues and costs on a per capita basis, such as State subvened gas taxes. Employment The total City employment of 52,000 for the year end 2021 is based on an interpolation of the 2016 and 2040 City employment estimates from the Southern California Association of Governments’ (SCAG) Adopted 2020 Regional Transportation Plan (RTP). To account for the workers who live and work in the City, the estimated share of workers from outside the City is used as the employment estimate for the fiscal analysis. Based on the U.S. Census Bureau 2017 Longitudinal Employer-Household Dynamic (LEHD) report for the City, about 92 percent of the total workers in the City come from outside the City, as shown in Appendix Table A-1. When this share is applied to the total employment estimate of 52,000, workers that commute into the City are estimated at 47,906.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 28 Plan for Service and Fiscal Impact Analysis City of Chino Table 6-1 City Population, Housing and Employment Assumptions Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino 6-1 City Population, Housing and Employment Assumptions Estimated Service Population Fiscal factors that are impacted by population and employment are estimated by allocating total budgeted revenues or costs to the estimated service population. Service population includes the City’s total population plus 50 percent of the estimated City employment from outside the City. Employment from outside the City is weighted at 50 percent to account for the estimated less frequent use of City services by employment versus resident population.

Assumption Description
Population and Housing 1
87,854Household Population4,144Group Quarters Population91,998Total Population 21,337Single Family Units6,900Multi-Family Units28,237Total Housing Units 27,101Occupied Housing Units

3.24Average Citywide Household Size
Employment
52,000Total Employment in the City 2
times
92%Estimated Share of Total Employment Commuting into the City 3 equals
47,840Estimated Employment Commuting into the City 3
Estimated Service Population 4
91,998Total Population23,920Estimated Employment (at 50 percent of 40,172 workers commuting into the City)115,918Estimated Daily Total Service Population

1. Population and housing estimates are January 1, 2022 estimates from the California Department of Finance (DOF).

2. The total City employment estimate is for 2020 based on an interpolation of the 2016 and 2040 estimates from the Southern California Association of Governments (SCAG), Adopted 2020 Regional Transportation Plan (RTP).

3. Residents that live and work in the City are removed from the total City employment estimate because the impacts from these workers are included in the impacts to residents. Based on the 2018 U.S. Census Bureau Longitudinal Employer-Household Dynamics (LEHD) report for the City presented in Table A-1, about 92 percent of the total workers in the City come from outside the City, resulting in an estimate of 47,840 workers from outside the City.

4. The fiscal analysis defines the service population as an estimate of resident population plus 50 percent of employment from outside the City. Estimates of employment from outside the City are weighted at 50 percent to account for the estimated less frequents use of City services by employment versus resident population.

Sources: Stanley R. Hoffman Associates, Inc.

State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State -- January 1, 2010-2022, Sacramento, California, May 2022
Southern California Association of Governments (SCAG), Adopted 2020 Regional Transportation Plan (RTP) U.S. Census Bureau, Longitudinal Employer-Household Dynamics (LEHD), OnTheMap for Chino, California, 2018

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 29 Plan for Service and Fiscal Impact Analysis City of Chino As shown in Table 6-1, the service population for the City is estimated at 115,918. The service population estimate includes the resident population of 91,998 and the weighted employment from outside the City of 23,920 (50 percent of 47,840). The self-employed are not included in the weighted employment estimate, because they are assumed to be represented in the resident population estimate. 6.2 City General Fund Revenue Assumptions The revenue factors for the General Fund recurring revenues projected in the fiscal analysis are summarized in Table 6-2. These revenue factors are based on the City’s Fiscal Year (FY) 2022-23 revenues presented in Appendix Table A-2 and the City’s population and service population estimates that are presented in Table 6-1. As shown in Table 6-2, projected General Fund revenues include property tax; vehicle license fees (VLF) - property tax in lieu; franchise fees; sales and use tax; real property transfer tax; licenses, permits, fines and fees; intergovernmental revenues; charges for services; other revenue; transfers in to the General fund; and interest earned on recurring revenues. Property Tax Property tax revenues are projected based on the City’s share of the one percent property tax levy on the estimated assessed valuation for the proposed development in the Ramona Francis Annexation Area. The current allocation rates of the one percent property tax for the tax rate areas (TRAs) 61056, 61060, 61101, 61102 and 61103 in the annexation area are presented in Appendix Table A-3. The City’s historic share of the 1.0 percent basic levy is estimated at about 10.80 percent. It is assumed that the City will receive 100 percent of its historic allocation upon annexation of the Ramona Francis Annexation Area to the City. VLF - Property Tax in Lieu (PTVLF) Cities and counties began receiving additional property tax revenue to replace vehicle license fee (PTVLF) revenue that was lowered when the State reduced the vehicle license tax in 2004. This VLF - property tax in lieu is projected to grow with the change in the citywide gross

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 30 Plan for Service and Fiscal Impact Analysis City of Chino Table 6-2 General Fund and Gas Tax Fund Recurring Revenue Factors Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 6-2 General Fund and Gas Tax Fund Recurring Revenue Factors assessed valuation (AV) of taxable property from the prior year. VLF - property tax in lieu revenue is allocated in addition to other property tax apportionments. As shown in Table 6-2, the VLF - property tax in lieu in the City is projected to increase at $700 per million dollars of new assessed valuation (AV). This factor is based on the change in AV and Fiscal Year2022-23 Annual Projection
Revenue Source Revenues Projection Basis 1 Factors or Amounts A. GENERAL FUND
Property Tax 2 $13,800,000Case Study: Project Valuation10.8%City General Fund share of 1% levy
VLF - Property Tax In Lieu 3 $12,895,000Case Study: New Valuation$700per $1,000,000assessed valuationFranchise Fees $3,542,280Service Population =115,918 $30.56per service population Sales and Use Tax $35,540,000Case Study: Taxable Sales1%of taxable sales Use Tax as Percent of Sales Tax12.3%of sales tax
Real Property Transfer Tax $600,000 Property Turnover 4.0%turnover rateand Valuation Assumptions$0.55per $1,000 Licenses, Permits, Fines and Fees$698,050Service Population =115,918 $6.02per service population Intergovernmental Revenue $5,000 Total Population =91,998 $0.05per capita Charges for Services $397,133Service Population =115,918 $3.43per service population Other Revenue $894,411 Total Population =91,998 $9.72per capita Transfers to General Fund 4 $6,266,073Service Population =115,918 $54.06per service population Interest Earnings $1,800,000Share of Non-Interest 2.4%not projectedRecurring Revenues =$76,084,947 B. GAS TAX FUND
Ongoing State Gasoline Tax 5 $2,255,914Total Population =91,998 $24.52per capita

1. For fiscal factors that are based on population and employment, an estimated service population factor is applied, which represents the City's population plus 50 percent of the estimated employment commuting into the City, as shown in Table 6-1.

2. The fiscal analysis projects property tax to the City General Fund at the historic rate of 10.8 percent of the basic one percent property tax levy on the estimated assessed valuation for the Area 1 annexation area.

3. The State has lowered the amount of vehicle license fees (VLF) received by cities and counties. However, the State is providing property taxes to offset the VLF reduction. VLF is estimated to change according to the City's increase in assessed valuation, as shown in Table A-4.

4. Based on discussion with City Finance staff, the General Fund receives revenues from other funds for provision of services to the funds, such as enterprise funds (water, sewer, storm drain and sanitation). The revenue transfers to the General Fund that are considered ongoing are presented in detail in Table A-7.

5. The fiscal analysis does not project Gas Tax Section 2107.5 revenues, which do not increase at a one-to-one basis with population growth, but increase based on specific population levels for the total City. It is assumed that the proposed project will not impact this allocation. Also, interest earned on investments is not projected for the Gas Tax Fund.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Fiscal Year 2022-23 Budget
State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2010-2022, Sacramento, California, May 2022.

Southern California Association of Governments (SCAG), Adopted 2020 Regional Transportation Plan (RTP) City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 31 Plan for Service and Fiscal Impact Analysis City of Chino the change in VLF - property tax in lieu in the City from one fiscal year to the next fiscal year over the fiscal years from 2014 through 2021, as shown in Appendix Table A-4. Per State law, when an annexation occurs the existing valuation in the area that is being annexed cannot be used in adjusting the base amount of assessed valuation in the annexing City. The City will receive VLF - property tax in lieu based on the change in its gross assessed valuation of taxable property for new development in the annexed area. Franchise Fees The City receives a franchise fee from telephone/mobile, natural gas, electricity, water, cable/satellite and refuse businesses within Chino for use of public rights-of-way. Based on the City Fiscal Year (FY) 2022-23 adopted budget revenues of $3,265,000 and the City’s estimated service population, franchise fees are projected at $29.12 per service population, as shown in Table 6-2. Sales and Use Tax As part of the total sales tax levied by the State, all cities and counties in the State generally receive a basic one percent (1.0 percent) sales tax and have the option to levy additional sales taxes under certain circumstances. The fiscal analysis projects sales and use tax based on the estimated retail taxable sales made in the City by the future residents of the Project. In addition to sales tax revenue, the City receives revenues from the use tax, which is levied on shipments into the state and on construction materials for new residential and non-residential development not allocated to a situs location. Use tax is allocated by the State Board of Equalization (BOE) to counties and cities based on each jurisdiction's proportion of countywide and statewide direct taxable sales. Appendix Table A-5 presents the City sales and use tax provided by Hinderliter de Llamas and Associates (HdL). HdL estimates that $2,806,666 of total sales and use tax was made from levies designated as use tax and the remaining $22,778,236 of the sales and use tax was point-of-sale sales tax. Therefore, use tax revenues to the City of Chino are estimated at an additional 12.3 percent of point-of-sale sales tax. Real Property Transfer Tax Sales of real property are taxed by San Bernardino County at a rate of $1.10 per $1,000 of

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 32 Plan for Service and Fiscal Impact Analysis City of Chino property value. For property located in the City, property transfer tax is divided equally between the City and the County, with the City receiving $0.55 per $1,000 of transferred property value. Based on the U.S. Census Bureau, 2015-2019 American Community Survey, residential development in the City is assumed to change ownership at an average rate of about 4.0 percent per year, as shown in Appendix Table A-6. Licenses, Permits, Fines and Fees These fees are projected at $6.02 per service population based on revenues of $698.050 and the current city service population estimate of 115,198. Projected revenues in this category include recurring licenses, permits, parking citations, court fines and other fines as shown in Appendix Table A-2. Intergovernmental Revenue This category includes vehicle license fees and Peace Officer Standards Training (POST) which are allocated on a population basis. As shown in Table 6-2, these revenues are not projected based on the small amount of FY 2022-23 adopted revenues of $50. Charges for Services Charges for services include sales of maps and publications, towing fees, false alarm fees, vehicle impound fees and miscellaneous services, as shown in Appendix Table A-2. Recurring charges for services are projected at $3.43 per service population based on revenues of $397,133 and the current city service population estimate of 115,918. Other Revenue As shown in Table 6-2, these revenues are projected at $9.72 per capita based on FY 2022-23 revenues of $894,411 and the City population estimate of 91,998. Revenues in this category include reimbursements, contributions, and miscellaneous revenue.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 33 Plan for Service and Fiscal Impact Analysis City of Chino Transfers to General Fund As shown in Table 6-2, transfers to the General Fund are projected at $54.06 per service population based on FY 2022-23 budget revenues of $6.26 million and the City’s estimated service population of 115,918. Transfers to the City General Fund from other City funds for provision of services to these funds, include enterprise funds for sewer, storm drain and sanitation. Detailed ongoing transfers to the General Fund are included in Appendix Table A-7. Interest Earnings These revenues represent about 2.8 percent of projected recurring General Fund revenues. However, they are not projected in the fiscal analysis because they are minimal. 6.3 City Gas Tax Fund State gasoline taxes are projected at $24.52 per capita based on the FY 2022-23 budget revenue amount of $2.26 million and the City population estimate of 88,184. State Gasoline tax accrues to the Gas Tax Fund and is then transferred to the Transportation Fund. Gas tax revenues contribute to expenditures for street maintenance, including sidewalks, curbs, gutters and other street related maintenance. 6.4 City General Fund Cost Assumptions The General Fund cost factors that are used in preparing the fiscal analysis for the Ramona Francis Annexation Area are presented in Table 6-3. These factors are based on the expenditures in the City’s FY 2022-23 budget shown in Table 6-4 and the City’s population and service population estimates that were presented earlier in Table 6-1. Projected General Fund expenditures include general government, or overhead functions, and the following non-general government services of fire, police, development services, public works and transfers to other funds that provide ongoing direct departmental type services to the City. General Government General government costs such as Reserve Fund expenditures, Administration services (including Legislative, City Attorney, City Manager, City Clerk, Community Promotion, State of the City and Community Services Corps), Finance and Human Resources expenditures, provide overhead services that cannot be directly linked to a specific department. General government

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 34 Plan for Service and Fiscal Impact Analysis City of Chino Table 6-3 General Fund Recurring Cost Factors Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 6-3 General Fund Recurring Cost Factors

Fiscal Year2022-23 Annual
Cost Category ExpendituresNet Cost Projection Basis 1 Projection Factors General Government 2 $10,935,829$8,201,872Case study 8.7%of direct department costs,at a 75% marginal rate Fire Service Contract 3 $12,100,000n/a Case study 0.27%City General Fund share of 1% levy
Police Protection $47,375,851$47,375,851Service population =115,918$408.70per service population Development Services 4 $13,022,697$6,407,387Service population =115,918$55.28per service population Public Works $326,995$326,995Service population =115,918$2.82per service population Transfers to Other Funds 5
Community Services Fund$5,950,380$5,950,380Resident Population =87,854$67.73per capita Transportation Fund$6,559,221$6,559,221Service population =115,918$56.59per service population Landscape and Lighting Fund$7,288,897$7,288,897Service population =115,918$62.88per service population City's Portion for 50% Perimeter Fair Share$1,036,024$1,036,024Service population =115,918$8.94per service population Assessment District Backfill$483,565$483,565Service population =115,918$4.17per service populationTotal Transfers to Other Funds$21,318,087$21,318,087 $200.31per service population

1. For fiscal factors that are based on population and employment, an estimated service population factor is applied, which represents the City's resident population plus 50 percent of the estimated employment from outside the City, as shown in Table 6-1.

2. The calculation of the general government overhead rate is presented in Table 6-4. General government (overhead) costs are not assumed to increase on a one-to-one basis with new growth. Therefore, the fiscal analysis projects general government at a marginal rate of 75 percent of the current estimated rate of 7.3 percent of non-general recurring costs, or at 5.5 percent of direct costs.

3. The Chino Valley Independent Fire District (CVIFD) provides fire protection to the project site and will continue to provide service after annexation to the City of Chino. The CVIFD receives an allocation of the basic one percent property tax levy based on the tax rate area (TRA) in which the property is located. Based on with the City Finance Director, if the TRA allocation to the CVIFD is below the citywide average of about 15.07 percent of the basic one percent levy the City has a contract to provide payments to the CIFD to make up the difference between the specific TRA allocation for the annexed area and the citywide average of of 15.07 percent. The proposed annaexation area allocates about 14.84 percent of the one percent property tax levy, based on the the CVIFD. Therefore, the City will transfer an amount equal to about 0.38 percent (15.07 minus 14.39) of the basic one percent property tax levy to the CVIFD

4. Initial community development costs are reduced by projected one-time revenues, as presented in Appendix Table A-8.

5. Based on discussion with City Finance staff, certain ongoing transfers from the General Fund are made to other City funds for provision of direct departmental type City services (such as Community Services and Transportation), and are considered ongoing expenditures for the General Fund. Appendix Table A-9 presents all transfers from the General Fund and highlights those transfers that represent ongoing direct expenditures for City services.

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Fiscal Year 2022-23 City Budget City of Chino, Finance Department State of California, Department of Finance, E-5 Population and Housing Estimates for Cities, Counties and the State, January 1, 2010-2022, Sacramento, California, May 2022 Southern California Association of Governments (SCAG), Adopted 2016 Regional Transportation Plan (RTP)

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 35 Plan for Service and Fiscal Impact Analysis City of Chino Table 6-4 Calculation of City General Government Overhead Rate Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) 6-4 Calculation of City General Government Overhead Rate

Fiscal Year
2022-23
Budget General Non-General
General Fund Expenditures ExpenditureGovernmentGovernment

PANEL A
General Government
Internal Department - Reserve Fund $0 $0
Administration 7,573,300 7,573,300
Finance 3,270,663 3,270,663
Human Resources 91,866 91,866
Total Overhead Administration $10,935,829$10,935,829
Non-General Government
Fire - Payments to Chino Valley Independent Fire District$12,100,000 $12,100,000 Police 47,375,851 47,375,851
Development Services 13,022,697 13,022,697
Public Works 326,995 326,995
Ongoing Transfers Out To 1:

Community Services Fund5,950,380 5,950,380
Transportation Fund6,559,221 6,559,221
Landscape and Lighting Fund7,288,897 7,288,897
City's Portion for 50% Perimeter Fair Share1,036,024 1,036,024 Assessment District Backfill483,565 483,565
Subtotal Transfers Out 21,318,087 21,318,087
GRAND TOTAL GENERAL FUND $105,079,459$10,935,829$94,143,630

PANEL B
Current General Government Overhead Rate
General Government Expenditures $10,935,829
divided by
Direct General Fund Expenditures $94,143,630
equals
Current General Government Overhead Rate 11.6%
Marginal Increase in General Government Costs @ 75% 2 8.7%

1. Total transfers out from the General Fund are presented in Table A-9. Based on discussion with City Finance staff, only the ongoing transfers from the General Fund to other City funds for provision city services are highlighted in Table A-9. These highlighted ongoing transfers are considered expenditures for the General Fund for the SOI annexation areas and are the expenditures included in this table.

2. General government costs for the project are not assumed to increase on a one-to-one basis. Therefore, the fiscal analysis projects general government at a marginal rate of 75 percent of the current 9.8 percent of non-general recurring costs, or at 7.4 percent of direct recurring costs.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Fiscal Year 2022-23 Budget
City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 36 Plan for Service and Fiscal Impact Analysis City of Chino costs include administration and support of departmental line costs such as police, fire and public works. These General Government costs are usually viewed as citywide overhead and are projected using an overhead rate applied to direct departmental line costs. However, overhead costs are not assumed to increase on a one-to-one basis for the proposed project. General government costs are projected at a marginal rate of 75 percent of the current rate. As shown in Panel B of Table 6-4, FY 2022-23 adopted general government costs of $10.94 million represent about 11.6 percent of current direct line costs of $105.1 million. A marginal increase of 75 percent of 11.6 percent is 8.7 percent. Therefore, general government costs for the proposed project are projected at 8.7 percent of direct recurring costs. Fire Service Contract As discussed in Chapter 3, the Chino Valley Independent Fire District (CVIFD) provides fire protection to the project site and will continue to provide service after annexation to Chino. The CVIFD receives an allocation of the basic one percent property tax levy based on the tax rate area (TRA) in which the property is located. Based on discussion with the City Finance Director, if the TRA allocation to the CVIFD is below the citywide average of about 15.07 percent of the basic one percent levy, the City has a contract to provide payments to the CVIFD to make up the difference between the specific TRA allocation for the annexed area and the citywide average of 15.07 percent. The proposed Ramona Francis Annexation Area is located in TRAs 61056, 61060, 61101, 61102 and 61103, which allocate on average about 14.80 percent of the one percent property tax levy to the CVIFD, as shown in Table A-3. Therefore, the City will transfer an amount equal to about 0.27 percent (15.07 minus 14.80) of the basic one percent property tax levy for the Project to the CVIFD. Police Protection Police costs are projected at $408.70 per service population, as shown in Table 6-3, based on FY 2022-23 budget expenditures of $47.38 million and the City’s service population estimate of 115,918. Development Services The Development Services Department provides department administration, the City’s Planning

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 37 Plan for Service and Fiscal Impact Analysis City of Chino Commission, and planning, building, code enforcement and economic development services. Based on FY 2022-23 net community development costs of $6.41 million and the City service population estimate of 115,918, non-fee supported costs for development services are estimated at $55.28 per service population, as shown in Table 6-3. The total General Fund development services costs of $13.02 million are offset by one-time processing permit and fee revenues of $6.62 million, resulting in net development services costs of $6.41 million, as shown in Panel A of Appendix Table A-8. Public Works General Fund public works costs include department administration and land development services. As shown in Table 6-3, public works costs are projected at $2.82 per service population based on FY 2022-23 net public works costs of $326,995 and the City service population estimate of 115,198. Transfers to Other Funds Based on discussion with City Finance staff, the General Fund provides certain ongoing transfers to other City funds for provision of direct departmental type City services. In addition to these transfers from the General Fund, these other City funds also receive revenue from other sources. Appendix Table A-9 presents all transfers from the General Fund and highlights those transfers that represent the following ongoing direct expenditures for City services: Community Services Fund. This fund provides revenue for the Community Service Department which provides community and neighborhood parks, trails, recreation facilities, and human services for youth and senior populations. As shown in Table 6-3, the General Fund expenditures for the Community Services Fund are estimated at $67.73 per capita based on the FY 2022-23 General Fund transfer amount of $5.95 million and the City resident population estimate of 87,854 (excluding group quarters). Transportation Fund. The General Fund expenditures for the Transportation Fund are estimated at $56.59 per service population based on the FY 2022-23 General Fund transfer amount of $6.6 million and the City service population estimate of 115,198. This fund provides maintenance and operating services for the City’s public rights-of-way, including streets, traffic signals, landscaping, street lighting, City vehicles and equipment and City facilities. Based on discussion with City Finance staff, these funds will cover any ongoing maintenance and operations costs associated with the public road improvements for the Ramona Francis Annexation Area.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 38 Plan for Service and Fiscal Impact Analysis City of Chino Landscape and Lighting Fund. The General Fund cost for the Landscape and Lighting Fund is projected at $62.88 per service population. This cost factor is based on the FY 2022-23 transfer of $7.23 million and the existing City service population estimate of 115,198. City’s Portion for 50% Perimeter Fair Share. Based on the General Fund transfer of $1.04 million and the City service population estimate, these costs are projected at $8.94 per service population. Assessment District Backfill. These General Fund costs are projected at $4.17 per service population based on FY 2022-23 transfers of $483,565 and the estimated current City service population of 115,198.

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 39 Plan for Service and Fiscal Impact Analysis City of Chino APPENDIX A SUPPORTING FISCAL TABLES Table A-1 U.S. Census 2018 Live/Work Data City of Chino A-1 U.S. Census 2018 Live/Work Data, City of Chino

Category Count Share
Employed in the Selection Area 52,346100.0%
Living in the Selection Area 39,928 72.2%
Net Job Inflow (+) or Outflow (-) 12,418 -
Living in the Selection Area 39,928100.0%
Living and Employed in the Selection Area 4,440 10.7%
Living in the Selection Area but Employed Outside 35,488 89.3% Employed in the Selection Area 52,346100.0%
Employed and Living in the Selection Area 4,440 7.7%
Employed in the Selection Area but Living Outside 47,906 92.3% Sources: Stanley R. Hoffman Associates, Inc.

U.S. Census Bureau, OnTheMap Application and Longitudinal Employer-Household Dynamics (LEHD) Origin-Destination Employment Statistics, Chino, California, 2018 2018
Selection Area Labor Market Size (Total Jobs)
In-Area Labor Force Efficiency (Total Jobs)
In-Area Employment Efficiency (Total Jobs)

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 40 Plan for Service and Fiscal Impact Analysis City of Chino Table A-2 (page 1 of 3) General Fund Recurring Revenues Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) A-2 General Fund Recurring Revenues

Fiscal YearRevenues for SOI Annexation Area2022-23Annual ProjectedBudgetProcessingNot RecurringRevenue CategoryRevenueFees/Permits 1Projected 2 Revenue 3 TAXESFranchise FeesPublic Utility $806,000$0 $0$806,000Recycling/Waste 1,999,2800 0 1,999,280Telecommunication 737,000 0 0 737,000Franchise Fees Total$3,542,280$0 $0$3,542,280Property TaxesSecured $13,248,000$0 $0$13,248,000Unsecured 552,000 0 0 552,000Aircraft 281,000 0 281,000 0Unitary Utilities 506,000 0 506,000 0Supplemental 212,000 0 212,000 0Prior Years 348,000 0 348,000 0RDA Elimination 2,939,0000 2,939,0000Property Tax In-Lieu of VLF 12,895,0000 012,895,000Property Tax-RDA S.B. 211 352,000 0 352,000 0Homeowners Property Tax Relief98,000 0 98,000 0Property Taxes Total$31,431,000$0$4,736,000$26,695,000Other TaxesReal Property Transfer Tax $600,000$0 $0$600,000Special Tax - Annual Tax - Preserve1,825,0000 1,825,0000Sp Tax-Res/Unit-Pres-One Time181,991 0 181,991 0Sp Tx-Nonres/Ac-Pres-One Time237,753 0 237,753 0City Services Special Tax - College2,270,0000 2,270,0000Transient Occupancy Tax 397,000 0 0 397,000Business License Tax 1,050,0000 0 1,050,000Other Taxes Total $6,561,744$0$4,514,744$2,047,000Sales and Use Tax $35,540,000$0 $0$35,540,000 TOTAL TAXES $77,075,024$0$9,250,744$67,824,280LICENSES AND PERMITSScup-Site $10,372$10,372$0 $0Special Conditional Use Permits9,3969,396 0 0Home Occupation Permits 5,8205,820 0 0Building Permit 1,186,7411,186,7410 0Plumbing Permit 171,598171,598 0 0Electrical Permits 161,333161,333 0 0Mechanical Permits 175,929175,929 0 0A.D.A. S.B. 1186 24,63224,632 0 0R.O.W. Encroachment Permits90,00090,000 0 0Wide Overweight Vehicle Fees16,00016,000 0 0Detour & Lane Closer Fees 75,00075,000 0 0Bicycle License Fee 50 0 0 50Zone Restricted Parking Permit500 500 0 0Credit Card Conv Fee 37,00037,000 0 0Special Event Permit 2,0002,000 0 0Special Permit Investigation 2,9002,900 0 0Special Business/Comm Revenue3,8003,800 0 0Fireworks Fines 35,00035,000 0 0Film Permits 2,0002,000 0 0TOTAL LICENSES AND PERMITS$2,010,071$2,010,021$0 $50RENTAL INCOMERental Income $99,030$0 $99,030$0TOTAL RENTAL INCOME$99,030$0 $99,030$0INTERGOVERNMENTAL Vehicle License Fee $75,000$0 $75,000$0Peace Officer Standards Training$5,000 $0 $0 $5,000State Mandated Cost Reimbursement40,000 0 40,000 0School Resource Fee 413,982 0 413,982 0Grant 2,284,3350 2,284,3350TOTAL INTERGOVERNMENTAL$2,818,317$0$2,813,317$5,000

1. Revenues that occur on a one-time basis and revenues that occur as a fixed amount payment from other agencies are not projected. 2. Certain revenues, such as transient occupancy tax, are not projected because they are not impacted by the proposed annexation.3. These are the recurring revenue categories projected for the proposed annexation.4. Capital administration fees represent the one-time 12% administrative charge received by the General Fund from the Capital Improvement Budget, and are not projected for this study.

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Fiscal Year 2022-23 Budget City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 41 Plan for Service and Fiscal Impact Analysis City of Chino Table A-2 (page 2 of 3) General Fund Recurring Revenues Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars)

Fiscal YearRevenues for SOI Annexation Area2022-23Annual ProjectedBudgetProcessingNotRecurringRevenue CategoryRevenueFees/Permits 1Projected 2 Revenue 3 CHARGES FOR SERVICESGeneral Plan Update Fee $175,962$0$175,962$0Tentative Tract Map Fee 72,81972,8190 0Tentative Parcel Map Fee 0 0 0 0Environmental Assessment Fee5,6215,621 0 0Site Approval Fees 104,760104,7600 0Ag Contract Cancellation Fee0 0 0 0Ag Contract- Non Renewal 0 0 0 0Developer Modification Fee8,7968,796 0 0C.C. & R. Fee 15,00015,0000 0Preserve Cost Recovery Fee34,4250 34,4250Specific Plan Amendment Fee0 0 0 0Design Review-College Park Preserve26,7300 26,7300Landscape/Lighting/Wall Plan Review-16,780-16,7800 0General Plan Amendment 0 0 0 0Preliminary Project Review Fee3,998Adm Approval Type 1 & 2 W/D R.C.26,35526,3550 0Adm Approval Type 1-3 W/O R.C.1,4151,415 0 0Adm Approval Type 3 W/D R.C.28,77028,7700 0Public Notice-Mail 1,9351,935 0 0Public Notice-Newspaper 10,87510,8750 0Zoning Verification 1,0101,010Sign Plan Review Fee 13,50013,5000 0Sign Program Review 901 901 0 0Temporary Banner/Sign 0 0 0 0Developer Agreement 15,00015,0000 0Developer Ext.-Adm. Review6,3506,350 0 0Job Valuation 135,429135,4290 0Green Building Standards 1,4751,475 0 0Building Plan Check Fee 589,985589,9850 0New Construction Fees 427,257427,2570 0Technology Fees 63,31663,3160 0Home Warranty Permit 66,50066,5000 0Capital Administration Fees 4 2,400,00002,400,0000Engineering Planning Development Fee-East Chino0 0 0 0Grading Plan Check Fees 100,000100,0000 0Final Subdivision Map Fee 45,00045,0000 0Engineering Plan Check 775,000775,0000 0Public Improvement Inspection-Land Development1,900,0001,900,0000 0Public Utilities Inspection Fee175,000175,0000 0Engineering Plans Revision Fee30,00030,0000 0Intersection Design Fees 0 0 0 0Crime Prevention Fee 200 0 0 200Fire Alarm Fees 2,000 0 0 2,000Special Event Fee 10,0000 0 10,000Accident Report Fees 100 0 0 100Graffiti Abatement Recovery Fee10,0000 0 10,000Fingerprint Fee 500 0 0 500Photo Sales Fee 300 0 0 300Vehicle Report Certification4,500 0 0 4,500Crime Report Fees 500 0 0 500Vehicle Inspection Fees 6,000 0 0 6,000Towing Ordinance 80,0000 0 80,000DUI Response Fees 15,0000 0 15,000False Alarm Response Fees30,0000 0 30,000Records Clearance Check 500 0 0 500Vehicle Release Fees 150,0000 0 150,000Public Safety Service Fee 15,0000 0 15,000Local Criminal History Record100 0 0 100Photocopy Sales 10 0 0 10Research Service Fees 1,044 0 0 1,044Document Printing 10 0 0 10Return Check Charge 250 0 0 250Public Meeting/DVD Copy 55 0 0 55Business Licenses Duplication300 0 0 300Fireworks Cost Recovery Permit67,0000 0 67,000City 5% Strong Motion Fee3,764 0 0 3,764TOTAL CHARGES FOR SERVICES$7,643,537$4,605,289$2,637,117$397,133

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Fiscal Year 2022-23 Budget City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 42 Plan for Service and Fiscal Impact Analysis City of Chino Table A-2 (page 3 of 3) General Fund Recurring Revenues Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars)

Fiscal YearRevenues for SOI Annexation Area2022-23Annual ProjectedBudgetProcessingNot Recurring Revenue Category RevenueFees/Permits 1 Projected 2 Revenue 3 INVESTMENT INCOMEInterest Income Apportioned $1,800,000$0 $0$1,800,000Interest Income Loan Water 37,598 0 37,598 0Interest Income Loan Pension 1,147,933TOTAL INVESTMENT INCOME$2,985,531$0 $37,598$1,800,000FINES AND FORFEITURESTruck Route Citation $250,000 $0 $0 $250,000Parking Citation Fines 260,000 0 0 260,000General Court Fines 120,000 0 0 120,000Adm Citations Public Nuisance 68,000 0 0 68,000TOTAL FINES AND FORFEITURES$698,000 $0 $0 $698,000OTHER REVENUEAdvanced Expenditure Savings $3,188,200$0$3,188,200$0Legal Address Change-Owner Required187,476 0 0 187,476Evidence/Other 1,000 0 0 1,000Maps/Publications/Bid Spec 100 0 0 100Cost Recovery Public Nuisance 350,000 0 0 350,000Unclaimed Funds 1,000 0 0 1,000Cell Site Rental 1,000 0 0 1,000Recapture of Bad Debt 0 0 0 0Property Abatement 2,500 0 0 2,500Reimbursements & Contributions292,300 0 0 292,300C-F-D- Formation Reimburse 45,000Donations/Sponsorships 6,000 0 0 6,000Senior Housing Leasing Payment 403,000 0 403,000 0Other Revenue 21,500 0 0 21,500CFD 2006-2 Reimbursed Adm Fee 20,700 0 20,700 0CFD 99-1 Reimbursed Adm Fee 14,333 0 14,333 0CFD 2000-1 Reimbursed Adm Fee 4,809 0 4,809 0CFD 2001-1 Reimbursed Adm Fee 5,533 0 5,533 0CFD 2003-1 Reimbursed Adm Fee 11,289 0 11,289 0CFD 2003-2 Reimbursed Adm Fee 12,122 0 12,122 0CFD 2003-3 Reimbursed Adm Fee 84,721 0 84,721 0CFD 2003-4 Reimbursed Adm Fee 5,598 0 5,598 0CFD 2005-1 Reimbursed Adm Fee 52,742 0 52,742 0CFD 2005-2 Reimbursed Adm Fee 9,657 0 9,657 0CFD 2009-1 Reimbursed Adm Fee 5,511 0 5,511 0CFD 2006-1 Reimbursed Adm Fee 9,965 0 9,965 0CFD 2006-3 Reimbursed Adm Fee 9,994 0 9,994 0CFD 2016-2 Reimbursed Adm Fee 12,744 0 0 12,744CFD 2016-1 Reimbursed Adm Fee 8,612 0 0 8,612CFD 2019-1 Reimbursed Adm Fee 10,179 0 0 10,179TOTAL OTHER REVENUE$4,777,585$0$3,838,174$894,411Transfers InEnterprise Funds - Overhead Charges$2,081,792$0 $0$2,081,792Enterprise Funds - ROW Maintenance and Government Facilities Reimbursement2,230,433 0 0 2,230,433Other Transfers In 1,953,848 0 0 1,953,848General Overhead Total$6,266,073$0 $0$6,266,073 TOTAL GENERAL FUND OPERATING REVENUES$104,373,168$6,615,310$18,675,980$77,884,947

Sources: Stanley R. Hoffman Associates, Inc. City of Chino, Fiscal Year 2022-23 Budget City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 43 Plan for Service and Fiscal Impact Analysis City of Chino Table A-3 Current Tax Rate Area (TRA) Allocations Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino A-3 Current Tax Rate Area (TRA) Allocations Table A-4 Estimated Vehicle License Fees (VLF) - Property Tax In Lieu Factor Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino A-4 Estimated Vehicle License Fee (VLF) – Property Tax In Lieu Factor

WeightedAgency Average
Code Agency 1 TRA 61056TRA 61060TRA 61101TRA 61102TRA 61103Island AB01 GA01San Bernardino County General Fund0.172950.172890.166490.166580.164190.16787AB02 GA01Educational Revenue Augmentation Fund (ERAF)0.222040.221960.213740.213860.210790.21551BF01 GA01Flood Control Zone 1 0.025810.025790.024840.024850.024500.02505BF07 GA01Flood Control District, Administration, Zones 1 and 20.001830.001830.001760.001760.001740.00178BL01 GA01San Bernardino County Free Library0.014200.014190.013670.013680.013480.01378BS01 GA01County Superintendent of Schools, Countywide0.005030.005030.004840.004850.004780.00488BS01 GA03County Superintendent of Schools, Physically Handicapped0.001980.001980.001910.001910.001880.00192BS01 GA04County Superintendent of Schools, Mentally Handicapped0.001590.001590.001530.001530.001510.00154BS01 GA05County Superintendent of Schools, Development Center0.000520.000520.000500.000500.000490.00050SC16 GA01Chaffey Community College 0.042410.042390.040820.040850.040260.04116SU18 GA01Chino Valley Unified School District0.307070.306980.295590.295760.291520.29805UD98 GA01CSA SL-1 0.000000.000000.000000.000000.014480.00204WF07 GA01Chino Valley Independent Fire District - Unincorporated Area0.152490.152440.146790.146880.144770.14801WR04 GL01Inland Empire Joint Resource Conservation District0.000950.001000.000900.000820.000790.00087WT09 GL01Chino Basin Water Conservation District0.005610.005900.005320.004840.004660.00517WU08 GA01Inland Empire Utilities Agency 0.016660.016650.016040.016040.015810.01617WU08 GA05Inland Empire Utilities Agency - General Tax Levy Imp C0.028870.028860.027790.027800.027400.02802WW21 GA01Monte Vista Company Water District0.000000.000000.037480.037500.036960.027681.00000Total 1.000001.000001.000001.000001.000001.00000 Current Assessed Valuation of Portion of TRA in Project$10,751,909$1,742,240$14,047,281$14,817,266$6,765,404$48,124,100 TRA Share of Total Valuation22.34%3.62%29.19%30.79%14.06%100.00% Sources: Stanley R. Hoffman Associates, Inc. San Bernardino County Auditor-Controller, Property Tax Division, PI 739DYL Report, Roll Year 2018, 11/30/20

1. The property tax allocations affected by the annexation are shown in bold print.

VLF - Assessed VLF per
Fiscal YearProperty Tax In Lieu 1 Valuation (AV) 2 $1,000,000 AV 3 2014 $6,832,348 $9,938,219,988 $690
2015 $7,474,613$10,671,272,880 $700
2016 $8,021,564$11,278,697,488 $710
2017 $8,476,860$12,216,798,332 $690
2018 $9,169,512$13,397,159,037 $680
2019 $10,023,385$14,269,762,788 $700
2020 $10,731,212$15,060,588,792 $710
2021 $11,322,380$15,991,331,481 $710
Average $700

1. The property tax in lieu VLF amounts are from the City's budget as cited below.

2. City assessed valuation is from the County Assessor report as cited below.

3. Estimated VLF per $1,000,000 AV is rounded to the nearest tens.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino Budgets
County of San Bernardino, Assessment Rolls, 2014 through 2021

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 44 Plan for Service and Fiscal Impact Analysis City of Chino Table A-5 Calculation of Use Tax Factor Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino A-5 Calculation of Use Tax Factor Table A-6 Estimated Annual Residential Turnover Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino A-6 Estimated Annual Residential Turnover

City of Chino Amount
Use Tax
County Pool $2,796,226
State Pool 10,440
Total Use Tax $2,806,666
divided by
Point-of-Sale $22,778,236
equals
Use Tax Rate 1 12.3%

1. The use tax rate is the County Pool plus the State Pool divided by point-of-sale taxable sales tax.

Sources: Stanley R. Hoffman Associates, Inc.

The HdL Companies, Sales Tax Allocation Totals
Occupied
Housing Percent
City of Chino Units Turnover
Total Owner Occupied Units 16,435
Moved in 2015 or later 4,392
Moved in 2010 to 2014 2,807
Moved in 2000 to 2009 4,693
Total Moved 2000 to 2017 11,892
Annual Turnover Rate: 2000 to 2019 1 626 4%

1. The annual turnover rate is based on the assumption of nineteen years for the 2000 to 2019 period.

Sources: Stanley R. Hoffman Associates, Inc.

U.S. Census Bureau, 2015-2019 American Community Survey (ACS) 5-Year Estimates, Tenure by Year Householder Moved Into Unit, Report B25038, Chino, California

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 45 Plan for Service and Fiscal Impact Analysis City of Chino Table A-7 Revenue Transfers to the General Fund Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) A-7 Revenue Transfers to the General Fund

Fiscal Year 2022-23
Ongoing
Interfund Transfers
Transfer From Category to General Fund
Overhead
Water - General and Department Reimbursement $1,220,965 Sewer - General and Department Reimbursement 331,493
Storm Drain - General and Department Reimbursement 230,962 Sanitation - General and Department Reimbursement 298,372 Total Overhead Transfer $2,081,792
Enterprise Allocation
Water - ROW Maintenance and Govt. Facilities Reimbursement $940,097 Sewer - ROW Maintenance and Govt. Facilities Reimbursement 832,053 Storm Drain - ROW Maintenance and Govt. Facilities Reimbursement 403,753 Sanitation- ROW Maintenance and Govt. Facilities Reimbursement 54,530 Total Enterprise Allocation $2,230,433
Other Transfers in to General Fund
From Successor Agency Adm $0
Local Public Safety - Reimburse General Fund Expenses 998,000 Traffic Safety - Reimburse General Fund Expenses 70,800 AB 3229 Public Safety Grant - Reimburse General Fund COPS Grant Projects 0 Transportation DIF Fee - Reserves for Union Pacific Railroad R6221 32,849 Law Enforcement DIF - FY 19-20 Sworn Position Equipment N4900 0 Law Enforcement DIF - FY 19-20 Sworn Position Equipment N4901 0 Law Enforcement DIF - Addnli Traffic Officer N4221 14,003 Water Development DIF Fee Update N7207 0
Sewer DIF Fee Update N7207 0
Storm Drain Preserve DIF Transfer of Reserves for Preserve Storm Drain Master Plan MS20575,000 Storm Drain Preserve DIF Transfers of Reserves for ROW & Surveying Services Chino Airport209,622 B/S/T Preserve DIF Fee Update N7207 50,000
Public Education Government (PEG) - Capital Equipment 60,000 Public Education Government (PEG) - Agenda and Meeting System 35,853 RMP - Riverside Land Conservancy Project N6011 0
RMP - Transfer of Reserves for Bickmore and Kimball Basins N6026 0 Water - Transfer of Reserves to Repay Loan for Water Meter Replacement 407,720 Total Other Transfers in to General Fund $1,953,848
Total Transfers to General Fund $6,266,073
Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Fiscal Year 2022-23 Budget
City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 46 Plan for Service and Fiscal Impact Analysis City of Chino Table A-8 General Fund Net Community Development Services Cost Factor Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) A-8 General Fund Net Community Development Services Cost Factor

Category Amount
Development Services Costs
Administration $409,826
Planning Commission 50,227
Planning 3,826,191
Building 2,235,131
Code Enforcement 1,978,578
R.O.W. Permits and Inspections 1,109,183
ADA Accessibility 892,830
Development Engineering 2,520,731
Total Development Services Costs $13,022,697
minus
One-Time Development Processing Revenues
Permits and Fees $2,010,021
Charges for Development Services 4,605,289
Total One-Time Development Processing Revenues $6,615,310 equals
Recurring Net Development Services Costs $6,407,387
divided by
Service Population 1 115,918
equals
Citywide Net Cost Factor per Service Population for Community Development$55.28

1. For fiscal factors that are based on population and employment, an estimated service population factor is applied, which represents the City's resident population, plus 50 percent of the estimated employment from outside the City.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Fiscal Year 2022-23 Budget

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 47 Plan for Service and Fiscal Impact Analysis City of Chino Table A-9 Transfers from the General Fund to Other City Funds Ramona Francis Annexation Area Plan for Service and Fiscal Analysis, City of Chino (In Constant 2022 Dollars) A-9 Transfers from the General Fund to Other City Funds

Fiscal Year 2022-23
Interfund Transfers Out from General Fund
Transfer of Reserves to Other City FundsOngoing 1 Not OngoingTotal ROPS - Administrative Costs of the ROPS $0 $0 $0
Disaster Reserve - Maintain the 2.5% Reserve Policy 2 0 63,073 63,073 Transportation Planning Program 0 0 0
Transportation - Backfill Transportation Maintenance6,559,221 0 6,559,221 Transportation - Local Street Overlay Program-Maint MS1810 0 0 Transportation - Traffic Signal Cabinet Project MS1910 0 0 Transportation - Street Rehab FY15-16 #ST162 0 0 0
Transportation - Street Rehab FY16-17 #ST171 0 0 0
Transportation - ROW ADA Improvements ST173 0 0 0
Transportation - El Prado Rehab FY17-18 #ST181 0 0 0
Transportation - Bicycle, Pedestrian & Transit Improv. ST1820 0 0 Transportation - 18-19 Street Rehab & TSM Riverside Drive ST1830 0 0 Transportation - Street Rehab FY18-19 ST190 0 0 0
Transportation - Chino/Ramona Accessibility Imp. ST2020 0 0 Transportation - ADA Upgrades-Carissa/Grant ST2010 0 0
Transportation - Edison Ave TSM & Interconnect TR1510 0 0 Transportation - CCTV Camera Installation TR162 0 0 0
Transportation - CCTV Camera Installation TR182 0 0 0
Transportation - TSM Ramona Ave/Schaefer TR172 0 0 0
Transportation - Chino Avenue Storm Drain #SD151 0 0 0
Transportation - Union Pacific Railroad Project N72090 0 0 Transportation - CDBG Streetlight Installation MS1620 0 0 Transportation - SBCTA Traffic Signal Coord N7021 0 0 0 Transportation - Traffic Survey N7601 and Traffic Model N76020 0 0 Transportation - McBride RV Storage 0 0 0
Transportation - CIP Project Management Services MS1630 0 0 Community Services - Community Services Fund5,950,380 0 5,950,380 Park Fund Funds - PK 183,221, 222 and 223 0 0 0
Landscape/Lighting - Landscape and Lighting Fund7,288,897 0 7,288,897 LLMD Maintenance District - City's Portion for 50% Perimeter Fair Share1,036,024 0 1,036,024 Assessment District Backfill 483,565 0 483,565
Building Management Fund - Civic Center Master Plan N80740 0 0 Building Management Fund - Senior Center/Library Ph II ROW/Parking PF2030 0 0 Building Management Fund - City Interior Improvements PF2100 0 0 Total General Fund Transfers Out $21,318,087$63,073$21,381,160

1. Based on discussion with City Finance staff, the ongoing transfers from the General Fund to other City funds for provision of City services are highlighted. These transfers are considered ongoing expenditures for the General Fund for the proposed project.

2. While transfers to maintain the 2.5% reserve policy may be ongoing, they are not projected in the fiscal analysis based on discussion with City Finance staff.

Sources: Stanley R. Hoffman Associates, Inc.

City of Chino, Fiscal Year 2022-23 Budget
City of Chino, Finance Department

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Stanley R. Hoffman Associates, Inc. Proposed Ramona Francis Annexation Area January 5, 2023 48 Plan for Service and Fiscal Impact Analysis City of Chino APPENDIX B PROJECT REFERENCES CITY OF CHINO Community Development Department Warren Morelion, City Planner, 909.334.3448 Mike Hitz, Principal Planner, 909.334.3448 Finance Department Rob Burns, Director of Finance, 909.334.3262 Sherri Beckett, Budget Coordinator, 909.334.3340 Public Works Department Jésus Plasencia, Engineering, 909.334.3250 COUNTY OF SAN BERNARDINO Assessor and Auditor Controller www.sbcounty.gov Local Agency Formation Commission 909.388.0480 Samuel Martinez, Executive Officer CHINO VALLEY UNIFIED SCHOOL DISTRICT Facilities, Planning and Operations Department Greg Stachura, Assistant Superintendent, 909.334.3448

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Revenue: Expenditure:

Transfer In: Transfer Out:

M E M O R A N D U M

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

COUNCIL MEETING DATE: JULY 5, 2023

TO: LINDA REICH, CITY MANAGER

FROM: WARREN MORELION, AICP, INTERIM DIRECTOR OF DEVELOPMENT

SERVICES

SUBJECT: YORBA VILLAS PRE-ANNEXATION AND DEVELOPMENT AGREEMENT.

RECOMMENDATION
1) Conduct a public hearing; 2) approve introduction of Ordinance No. 2023 -014, approving the Pre-Annexation and Development Agreement by and between the City of Chino and Yorba Villas, LLC, to be read by number and title only, and waive further reading of the Ordinance; 3) adopt the CEQA findings included as part of the Ordinance; 4) adopt the Addendum to the Project EIR confirming no further CEQA review is required; and 5) authorize the City Manager to execute the necessary documents on behalf of the City.

FISCAL IMPACT
There is no direct fiscal impact associated with the agreements.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES:

The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

· Responsible Long-Range Planning

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BACKGROUND
Yorba Villas, LLC (“Owner”) owns property located at 4570 and 4664 Francis Avenue in the County of San Bernardino (“Property”), which was previously referred to as Francis Estates and consists of 13.25 acres. The Property is within the City’s sphere of influence and part of the City’s planned Ramona Francis Annexation currently in process (“Annexation Area”).

On October 4, 2022, the Owner received approval by the County’s Board of Supervisors of its Vesting Tentative Tract Map No. 20394, including conditions of approval for the development of a gated project at the Property (“Project”) comprised of 45 single -family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), and on - site stormwater infrastructure and related amenities at the Property (collectively, “Owner’s Entitlements”).

As part of the A nnexation Area, the Owner and City staff have been negotiating the terms of annexation of the Property. The Owner is supportive of the annexation, including the Property, subject to certain conditions as set forth in the proposed Pre -Annexation and Develo pment Agreement (“Agreement”) provided with this report. The Planning Commission reviewed the proposed Agreement on June 7, 2023, and recommended approval to the City Council by a 5 -2 vote.

ISSUES/ANALYSIS
The Owner supports the Property being included in the Annexation Area provided the City pre - zones the Property under the City’s RD 4.5 Zoning District (Residential - Single-Family, authorizing 3 to 4.5 units per acre) to be consistent with Owner’s Entitlements. The proposed pre-zoning action for the Annex ation Area and the Property is presented to the City Council separately as part of the annexation process. The annexation must then be approved by the San Bernardino Local Agency Formation Commission (“LAFCO”) in accordance with the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§ 56000-57550).

The proposed Agreement furthers responsible long -range planning because the purpose of the Agreement is to provide certainty as to the annexation of the Property to the City and Owner’s ability to develop the Property as contemplated by Owner’s Entitlements, while providing the City with certainty that the Owner will support the City’s application to LAFCO for the Annexation Area, including the Property. State law does not provide a statutory basis for a pre -annexation agreement and, as such, the Agreement is also being processed as a development agreement in accordance with the State Development Agreement Law (Government Code Sections 65864 et seq. and Section 20.23.070 of the Chi no Municipal Code). The Planning Commission determined that the Agreement is consistent with the General Plan and forwarded its recommendation to the City Council for approval.

The Agreement contains the following key negotiated terms:
· Support of City’s Annexation Application (Section 2.1 and 2.2). Owner agrees to support the City’s application for annexation of the Annexation Area, the City does not file such application with LAFCO until 5 business days following the County’s approval of the final map for Owner’s Project and the first County building permit for the Project. However, if the County delays such approval, which is not anticipated, then City may proceed to submit the annexation application by December 19, 2023. · Sewer Service for Project (S ection 3.1). Owner agrees to connect the Project to the

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City’s sewer service facilities and accept and abide by the City’s applicable rules related to sewage connection facilities under Chino Municipal Code Chapters 13.12 and 13.13.

The Agreement also serves as the extraterritorial sewer service agreement between the City and Owner for provision of sewer service to the Property, subject to approval by LAFCO. Approval of the extraterritorial sewer service by LAFCO is another precondition to the Owner’s support of the City’s application for annexation of the Annexation Area. · County to Process Permits for Project/Payment of City Fees (Section 3.3) . Following Annexation, Owner may elect to continue to have all post -final map permits for development of the Pr oject issued by the County, subject to the City and County entering into an agreement to authorize the County to process such permits. Should Owner decide to have the City process the permits, Owner will pay the City applicable City development impact fees for post-final map approval, as described in Exhibit C to the Agreement. Owner will nevertheless pay City all applicable City fees for sewer service, including City development impact fees for sewage collection facilities pursuant to Chino Municipal Code section 3.40.040(F) and then-applicable City sewer connection fees.
· Acknowledgment of Owner’s Entitlements (Section 3.2) . City acknowledges that Owner’s Entitlements have been issued by the County, are valid and binding upon City, and govern the develo pment of Owner’s Project. To this end, City acknowledges that Owner’s Entitlements are consistent and conform in all respects with the “RD 4.5 (4.5 du/ac)” land use designation established by the City of Chino General Plan, City’s RD

4.5 Zoning Designation , the City’s Small Lot Residential Subdivision Ordinance at Chapter 20.13 of the Chino Municipal Code, and City’s Subdivision Ordinance at Title 19 of the Chino Municipal Code, except as to Owner’s approval for private streets. City acknowledges in the Ag reement that the private streets qualify for a waiver of any applicable requirement for public streets pursuant to Section 19.01.120 of the Chino Municipal Code. The Agreement and Ordinance No. 2023 -14 confirms that the approvals granted by this action in clude approval under Chapter 20.13 of the Chino Municipal Code.
· Pre-Annexation of Property under RD 4.5 (Section 3.4) . The Agreement requires the City to consider the pre-zoning of the Property under the City’s RD 4.5 General Plan and zoning designation and Small Lot Residential Subdivisions Ordinance at Chapter 20.13 to be consistent with Owner’s Entitlements. This will allow Owner to operate the Project in a manner so as not to render it legal -nonconforming. The Planning Commission considered and recommended by 5-2 vote that the City Council approve the pre -zoning of the Property, which is presented to the City Council for separate action this evening. · Compliance with City’s Accessibility Policy (Section 3.5) . Owner will construct all publicly-owned City facilities and rights -of-way at or adjacent to the Property, including installation of accessible ramps at the northwest corner of Frances and Yorba at the entry of the Property, in accordance with the City’s 2019 Policy on the Accessibility of Pedestrian Facilities, as amended, to implement the requirements of the Americans with Disabilities Act of 1990.
· Term (Section 4.1). Term of the Agreement is 5 years after the Effective Date, which is 30 days after the City Council’s second reading of the ord inance approving the Agreement.

The Agreement is consistent with the City’s General Plan. Specifically, pursuant to Chino Municipal Code Section 20.23.070, the following specific findings required by Subsection G

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therein support this conclusion:
· The Agreement will implement the goals, objectives and policies of the City’s General Plan by providing for certainty in the development within the City’s sphere of influence; · The Agreement provides for an increased property tax base when annexed to the City above the current unimproved condition;
· The Project will include construction of public improvements and infrastructure to serve the Property;
· The Agreement furthers the City’s plan to provide sewer service to the areas within the City’s sphere of influence and property to be annexed to the City; · The Agreement provides for an increase in the City’s housing stock by 45 residential units to house future Chino residents; and
· A periodic review will be conducted to monitor the implementation of the Agreemen t and to ensure that its provisions are consistent with the General Plan.

ENVIRONMENTAL DETERMINATION
Planning Commission Resolution PC2023 -020 finds both that an Environmental Impact Report has been prepared for the project, citing the Yorba Villas Reside ntial Project Environmental Impact Report (SCH# 2021060049) certified by the County of San Bernardino Board of Supervisors on October 4, 2022 (the “Project EIR”) in its capacity as CEQA Lead Agency, and that the City Council’s adoption of Ordinance No. 202 3-014 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3), which finding is also reflected in Section 2 of Ordinance No. 2023-014 as recommended for adoption by Planning Commission Resolution PC2023 -020.

Staff recommends that the City Coun cil adopt a revised version of Ordinance No. 2023 -014, attached hereto, that further clarifies that the City Council is relying on the Project EIR in its capacity as a CEQA Responsible Agency in accordance with CEQA Guidelines Section 15096(a), which provi des that a “Responsible Agency complies with CEQA by considering the EIR or Negative Declaration prepared by the Lead Agency and by reaching its own conclusions on whether and how to approve the project involved.” In accordance with CEQA Guidelines Section 15096(h), staff has prepared proposed CEQA findings required by CEQA Guidelines Section 15091 for each significant effect of the Project (“CEQA Findings”), as well as a proposed Mitigation Monitoring and Reporting Program to be adopted by the City Council by revised Ordinance No. 2023-14 (“MMRP”). Staff has also prepared an Addendum to the Project EIR that demonstrates that there have been no substantial changes to the Project or new significant impacts or significant new information that warrant preparati on of subsequent or supplemental environmental review for the Project in accordance with CEQA Guidelines Section 15162 (“Addendum”). The CEQA Findings (including the Addendum) and MMRP are included as exhibits to revised Ordinance No. 2023-14.

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01225.0005/901296.1
ORDINANCE NO. 2023-014

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, APPROVING THE PRE-ANNEXATION

AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF CHINO AND YORBA VILLAS, LLC RELATED TO THE
DEVELOPMENT OF APPROXIMATELY 13.25 ACRES OF REAL
PROPERTY WITHIN THE CITY OF CHINO ’S SPHERE OF
INFLUENCE (APNs 1013-211-21 & -22); AUTHORIZING SUCH
DEVELOPMENT PER CHAPTER 20.13; AND APPROVING

SANITARY SEWER SERVICE FOR THE PROPERTY SUBJECT

TO LOCAL AGENCY FORMATION COMMISSION
AUTHORIZATION.

WHEREAS, a Pre-Annexation and Development Agreement (“Agreement”) has been prepared between the City of Chino (“City”) and Yorba Villas, LLC (“Owner”) for the purpose of defining the rights and obligations of each party as they relate to the overall development of the subject property, located at 4570 and 4664 Francis Avenue in the County of San Bernardino (“Property”), which Agreement has been made available for public review in the Development Services Department of the City beginning on May 27, 2023 and is attached hereto as Exhibit A;

WHEREAS, on October 4, 2022, Owner received approval by the County’s Planning Commission of its Vesting Tentative Tract Map No. 20394, including conditions of approval for the development of a gated project at the Property (“Project”) comprised of 45 single -family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), and on-site stormwater infrastructure and related amenities at the Property (collectively, “Owner’s Entitlements”);

WHEREAS, the Agreement provides certainty as to the annexation of the Property to the City and Owner’s ability to develop the Property as contemplated by Owner’s Entitlements, while providing City with certainty that Owner will support City’s application for the Annexation Area, including the Property;

WHEREAS, the Agreement further serves as an extraterritorial sewer service agreement between the City and Owner for provision of sewer service to the Property, subject to approval by LAFCO;

WHEREAS, at a duly-noticed public hearing on June 7, 2023, the Planning Commission reviewed the Agreement, and at the conclusion of the hearing and after considering the evidenc e and arguments submitted by City staff, the Owner, and all interested parties, considered whether the Agreement is consistent with the goals and policies of the General Plan and the recommendation that the City Council adopt an Ordinance approving the Agreement;

WHEREAS, the City Council held a duly noticed public hearing regarding th is Ordinance approving the Agreement on July 5, 2023, and considered the recommendation of the Planning Commission and the evidence, testimony and arguments submitted by City staff, the Developer, and all interested parties;

WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:

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(1) If the parcel is not adjacent to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the Cit y at such time as sufficient parcels can be assembled and qualify for annexation in accordance with the Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations; (2) If the parcel is contiguous to a City boundary, the owner will be required to annex said parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex; and
(3) All parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards.

WHEREAS, the Property is not adjacent to the City boundary and the owner of the Property has executed the Agreement providing for annexation of the Property;

WHEREAS, pursuant to Government Code Section 5613 3, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO; and

WHEREAS, the adoption of this Ordinance approving the Agreement under current and known circumstances, will not be detrimental to the health, safety or welfare of persons residing, conducting business, or owning property in the area of the Project or elsewhere in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Chino has considered Planning Commission Resolution No. PC2023-020 and finds that the provisions of the Agreement on file with the City are consistent with the General Plan , subject to the proposed pre -zoning of the Property to be separately considered by the Planning Commission and City Council , and comply with the requirements of Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code, commencing with Section 65864, Article XI, Section 7 of the California Constitution and the City Development Agreement Ordinance incorporated into its Muni cipal Code as Section 20.2 3.070 of Title 20, including, but not limited to, the following specific reasons required by Subsection G therein:

• The Agreement will implement the goals, objectives and policies of the City’s General Plan by providing for certainty in the development within the City’s sphere of influence; • The Agreement provides for an increased property tax base when annexed to the City above the current unimproved condition;
• The Project will include construction of public improvements and infrastructure to serve the Property;
• The Agreement furthers the City’s plan to provide sewer service to the areas within the City’s sphere of influence and property to be annexed to the City; • The Agreement provides for an increase in the City’s housing stock by 45 residential units to house future Chino residents; and
• A periodic review will be conducted to m onitor the implementation of the Agreement and to ensure that its provisions are consistent with the General Plan.

Section 2. The Agreement and Ordinance No. 2023 -14 confirms that Owner’s Entitlements are consistent and conform in all respects with the City’s Small Lot Residential Subdivision Ordinance at Chapter 20.13 of the Chino Municipal Code and the approvals granted herein include Project authorization under Chapter 20.13.

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Section 3. In its capacity as CEQA Responsible Agency, the City Council has reviewed and considered the Yorba Villas Residential Project Environmental Impact Report (SCH# 2021060049) certified for the Project by the San Bernardino County Board of Supervisors in its capacity as CEQA Lead Agency on October 4, 2022 (the “Project EIR”), and the City Council has considered the environmental effects of the Project as shown in the Project EIR. The City Council hereby makes the findings for each significant effect of the Project required by Public Resources Code Section 21081(a) and Sections 15091 and 15162 of Chapter 3, Title 14 of the California Code of Regulations (the “CEQA Guidelines”), as set forth in the City of Chino CEQA Findings and Facts In Support of Pre -Annexation and Development Agreement For The Yorba Villas Resid ential Project attached hereto as Exhibit B (the “CEQA Findings”), which CEQA Findings are hereby incorporated herein by reference in their entirety. In its capacity as CEQA Responsible Agency, and in accordance with Public Resources Code Section 21081.6 and CEQA Guidelines Section 15097, the City Council hereby adopts the Mitigation Monitoring and Reporting Program for the Project attached hereto as Exhibit C and incorporated herein by reference in its entirety (“MMRP”), implementation of which MMRP is her eby made an enforceable condition of Project approval.

Section 3 . Based on the above findings, t he City Council of the City adopts this Ordinance approving the Agreement between the City of Chino and Owner with any non -substantive typographical or scrivener errors corrected by the City Manager and approved by the City Attorney, and authorizes the Mayor to sign said Agreement after it has been signed by the other parties.

Section 4. The provisions of the Agreement providing for the Property to connect to the City’s sanitary sewer service facilities and provision of extra-territorial sanitary service thereto is also approved, conditioned on (i) approval by LAFCO in accordance with Government Code Section 65133, and (ii) reimbursement by the Owner of all applicable fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to approve City’s provision of sewer services to the Property pursuant to Government Code Section 56133 and in accordance with the Agreement.

Section 5. Pursuant to Government Code Section 65868.5, the City Clerk of the City shall record a copy of said Agreement with the County Recorder within 10 days after the effective date of said Agreement.

Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such determination shall not affect the validity of the remaining porti ons of this Ordinance. The City Council of the City of Chino declare that they would have enacted this Ordinance and each section, subsection, sentence, clause or phrase hereof irrespective of any determination of invalidity.

Section 7. The City Clerk o f the City of Chino shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in a newspaper of general circulation, printed and published within the City in accordance with the provisions of the Government Code.

APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023.

By:

EUNICE M. ULLOA, MAYOR

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ATTEST:

NATALIE GONZAGA, CITY CLERK

State of California )
County of San Bernardino ) ss
City of Chino )

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Ordinance was duly adopted by the Chino City Council at a regular meeting held on the 18th day of July, 2023, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK

Attachments: Exhibit A: Pre-Annexation and Development Agreement Exhibit B: CEQA Findings and Facts In Support of Pre-Annexation and Development Agreement For The Yorba Villas Residential Project Exhibit C: Mitigation Monitoring and Reporting Program

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01225.0005/845570.13

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Chino
13220 Central Avenue
Chino, CA 91710
City Clerk
____________________________________________________________________________

PRE-ANNEXATION AND DEVELOPMENT AGREEMENT

This PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (“Agreement”) is entered into and effective as of ________, 2023 (“Effective Date ”, subject to Section 4.1), by and between the CITY OF CHINO, a California municipal corporation (“City”) and YORBA VILLAS, LLC, a California limited liability company (“Owner”). The City and Owner are sometimes referred to herein individually as a “Party” and collectively as the “Parties”.

R E C I T A L S
WHEREAS, Owner is the beneficial owner of certain real property in the County of San Bernardino, California, commonly referr ed to as 4570 and 4664 Francis Avenue, Chino (“Property”), which consists of approximately 13.25 acres and is described in Exhibit A;
WHEREAS, the Property is within the jurisdiction of the County of San Bernardino (“County”) and in City’s sphere of influence; WHEREAS, Owner currently has received approval by the County’s Planning Commission of its Vesting Tentative Tract Map No. 20394, including conditions of approval thereto and various County comments clarifying the conditions of approval , attached her eto as Exhibit B ( collectively, the “VTM”), for development of a gated project at the Property (“Project”) comprised of 45 single- family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), and on-site stormwater infrastructure and related amenities at the Property. County’s approval of the VTM and anticipated approval of one or more final maps based on the VTM (“Final Map”), and any and all subsequent permits and approvals for development of the Project issued by County as described herein are hereinafter collectively referred to as “Owner’s Entitlements”;
WHEREAS, Owner is supportive of the annexation of the Property to the City as part of the area included in City’s planned Ramona Francis A nnexation process APNs 1013-211-0-000 and 1013-211-22-0-000 (Space Above This Line for Recorder’s Office Use) THE UNDERSIGNED GRANTOR DECLARES:

DOCUMENTARY TRANSFER TAX IS $0 per R&T
Code 11922
(Exempt from Recording Fee per Gov. Code
§6103)

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(“Annexation Area”), but Owner’s support is subject to certain conditions as set forth in this Agreement; and
WHEREAS, in connection with the anticipated annexation of the Annexation Area, City is in the process of considering an ordinance to pre- zone the Annexation Area and anticipates such process to be completed by September, 2023, including pre- zoning of the Property under the City’s “RD 4.5 ” zoning designation (Residential - Single-Family, authorizing 3 to 4.5 units per acre) , which is consistent with Owner’s Entitlements; and
WHEREAS, City’s proposed annexation of the Annexation Area (“Annexation”) must be approved by the San Bernardino Local Agency Formation Commission (“LAFCO”) in accordance with the Cortese -Knox-Hertzberg Local Government Reorganization Act of 2000 (Government Code §§ 56000-57550); WHEREAS, as of the Effective Date, City’s proposed A nnexation has been initiated, but is not yet complete and City has not formally applied for LAFCO approval thereof; and
WHEREAS, the Parties agree that this Agreement will promote and encourage the Annexation to City by providing Owner, and its successors, assigns, and lenders, with certainty as to the annexation of the Property to City and the ability of Owner to develop the Property as contemplated by Owner’s Entitlements, while providing City with certainty that Owner will support City’s application for the Annexation, including the Property pursuant to the terms herein; and
WHEREAS, th e P arties acknowledge that this Agreement is authorized under California law, including but not limited to, Owner ’s right to waive certain rights to oppose the Annexation (76 Ops Cal Atty Gen 227 (1993)).

NOW, THEREFORE, City and Owner mutually agree as follows:

ARTICLE 1. GENERAL PROVISIONS

1.1 Incorporation of Recitals . The rec itals stated above are hereby incorporated into the operative provisions of this Agreement.

1.2 Ownership of the Property . Owner represents that it has the requisite legal or equitable interest in the Property, and thus, Owner is qualified to enter into and be a party to this Agreement.

1.3 Pre-Annexation Agreement and Development Agreement . This Agreement is made and entered into as, and constitutes, a pre-annexation agreement in accordance with the holdings of Morrison Homes Corp. v. City of Pleasanton (1976) 58 Cal.App.3d 734 and Carruth v. City of Madera (1965) 233 Cal.App.2d 688, and consistent with 76 Ops. Cal. Atty. Gen. 227 (1993) , and Section 66413(a) of the Government Code. This Agreement is also mad e and entered to as, and co nstitutes, a development agreement pursuant to and in accordance with Section 65864 et seq. of

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the Government Code and Section 20.23.070 of the C hino Municipal Code, provided that, pursuant to Government Code Section 65865(b), and subject to the immediately following sentence, this Agreement shall not become operative as a development agreement unless and until the Annexation of the Property is completed prior to expiration of the Term. In the event that the Annexation of the Property is not completed prior to expiration of the Term, this Agreement shall remain unmodified, and in full force and effect and operative as a pre- annexation agreement for the then-remaining balance of the Term, except as it may be terminated by Owner in accordance with Sections 3.4.

The overall design, development, construction, and use of t he P roject and all on- site and off-site Improvements in connection therewith, including without limitation, permitted uses of the Property, the density and intensity of use, the maximum height and size of the proposed buil dings and structures, and provisions for reservation or dedication of land for public purposes, are as authorized and set forth in Owner’s Entitlements and this Agreement. Notwithstanding the foregoing, the provisions of Section 3.1 shall serve as a stand- alone agreement between the parties concerning the provision of extra- territorial sewer service to the Property irrespective of whether the Annexation of the Property is completed, as further set forth in Section 3.4.

1.4 Assignment of Rights. Owner shall be permitted to assign or otherwise transfer this Agreement, and all or a portion of its rights and obligations hereunder, to any other person, firm or entity, who acquires the Owner’s interest in all or a portion of the Property; provided the Owner and such assignee/transferee execute and record an assignment of this Agreement whereby such assignee/transferee assumes and agrees to be bound to City for all obligations of Owner hereunder with respect to all or such portion of the Property. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. To the extent of the interest of the Owner, and its assigns, in the Property, the covenants of Owner set forth in this Agreement shall be covenants running with the land and enforceable to the full extent permitted by applicable law. Notwithstanding any provision herein to the contrary, Owner may assign this Agreement to any lender for purposes of security without complying with the provisions of this Section.

1.5 Release Upon Transfer . With respect to and effective upon any assignment permitted pursuant to the provisions of Section 1. 4, Owner shall automatically be released from its obligations under this Agreement, provided the assignee/transferee expressly assumes the obligations under this Agreement.

ARTICLE 2. ANNEXATION OF THE PROPERTY

2.1 Annexation of the Property. The City is currently processing the Annexation and will, in accordance with this Agreement, continue to process such Annexation at City’s sole cost. In the event that the Annexation has not been completed within one (1) year of the Effective Date, Owner may, but is not required to, initiate proceedings for the annexation of the Property to the City and pay for all expenses involved with such Owner -initiated annexation process. The City shall not submit any application to LAFCO seeking approval of the Annexation (“Annexation Application”) unless and until the following preconditions have occurred : (i) Owner has received a

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copy of suc h Annexation A pplication; (ii) Owner has recorded the approved Final Map, provided recordation occurs within five (5) business days following the County’s final approval of the Final Map in recordable form; (iii) County has finally approved the first County building permit for the Project; (i v) LAFCO has finally approved the Property sewer service provisions as described in and pursuant to Sections 3.1, 3.4, and 3.6 of this Agreement in accordance with Section 65133 of the Government Code; and (v) the City Council has, consistent with Government Code § 55644(a), formally adopted a resolution of application directing submittal of the Annexation Application to LAFCO .

Notwithstanding the immediately preceding sentence, the preconditions identified in subsections (ii) and (iii) of the immediately preceding sentence shall not apply, and shall have no force or effect, on or following December 19, 2023. Subject to the qualification set forth in the immediately preceding sentence, o nce the five (5) preconditions to City’s submittal of the Annexation Application to LAFCO d escribed in this Section 2.1 have occurred or been satisfied, City shall promptly submit the Annexation Application to LAFCO in accordance with the Cortese-Knox-Hertzberg Local G overnment Reorganization Act of 2000 and the Parties agree to cooperate with each other with respect to such Annexation proceedings. The Parties further acknowledge and agree that, with respect to the Annexation of the Property, the City Council’s resolution of application and the City’s Annexation application shall include a request that LAFCO condition its approval and the effectiveness of such A nnexation upon the Parties’ compliance with this Agreement (the “Annexation Condition”).

2.2 Consent to Annexation. The Owner will cons ent to the A nnexation of the Property to the City i n accordance with the provisions of this Agreement and provided the A nnexation is made subject to the Annexation Condition. Subject to the terms of this Agreement, Owner shall support the Annexation and co operate with the City in the processing of the Annexation with respect to the Property and shall not object to such Annexation; provided such support does not cause significant additional costs to Owner.

ARTICLE 3. CONDITIONS TO ANNEXATION

3.1 Sewer Service. City represents and warrants and agrees that it has adequate sewer service capacity and, irrespective of LAFCO’s approval or disapproval of the Annexation, will provide sewer services to accommodate the expected sewer service needs for the Property, as developed pursuant to the Owner’s Entitlements. City acknowledges and agrees that all prerequisites to the provision of such services set forth in Section 13.12.091 (Sewer service within the city’s sphere of influence) of the Chino Municipal Code have been fully satisfi ed and City expressly waives the provision of City Resolution No. 2022-041, at Section 3, requiring the Property to be developed in accordance with the City’s General Plan unless and until pre- zoning of the Property is completed pursuant to Section 3.4 her ein. City acknowledges and agrees that that the Project shall be permitted to connect to the City’s sewer system by Owner , at its sole cost, installing a single, eight-inch (8”) sewer line on Yorba Avenue, the northernmost terminus of which will start approximately one hundred ninety two feet (192’) north of the Francis Avenue street centerline and extend south along and under the surface of Yorba Avenue where it will tie into a n existing manhole located at the intersection of

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Yorba Avenue and La Masita C ourt (collectively, the “Off -Site Sewer Improvements”), which manhole currently connects to an existing eight inch ( 8”) sewer owned and operated by the City, and further agrees that the Owner and Project shall not be required to fund, reimburse, construct, supplement, oversize, improve or otherwise subsidize the cost of any other sewer or wastewater improvements located outside of the Project Site boundary. The City acknowledges and agrees that Owner’s construction of the Off- Site Sewer Improvements will ad equately accommodate the expected sewer service needs for the Property, as developed pursuant to the Owner’s Entitlements.

Subject to the preceding provis ions, Owner agrees , subject to the provisions of Sections 3.2 and 3.4 , to accept and abid e by the Ci ty’s applicable rules related to sewage connection facilities set forth in Chino Municipal Code Chapter s 13.12 and

13.13 as in force and effect on the Effective Date; provided that City shall not apply to or enforce against the Project or the Property any s uch provisions in any manner that prevents, delays, or renders practically or economically infeasible the development of the Project pursuant to Owner’s Entitlements . City acknowledges that Owner is materially relying on the representation in this Section 3.1 and, without such sewer service, Owner shall be rel ieved of the obligation to consent to the Annexation as to all or any part of the Annexation Area, including but not limited to the Property, and, following Annexation, may take actions to de-annex the Property without City opposition. City agrees to use c ommercially reasonable efforts to expeditiously review and process all Project -related sewer improvement plans , as may be submitted to City by Owner, in accordance with Section 19.09.010 (Improvement Plans) of the Chino Municipal Code. City shall, within f ourteen (14) days following the Effective Date, formally request and apply to LAFCO for its approval, pursuant to Section 65133 of the Government Code, of the City’s provision of new or extended sewer service to the Project and Property outside of the City’s jurisdictional boundary in accordance with this Agreement, and to thereafter diligently process in good faith such formal request and application.

3.2 Acknowledgment of Owner’s Entitlements . City ackno wledges and agrees that Owner’s Entitlements have been duly approved and issued by the County , are valid and binding upon City, and shall apply to and govern the development of Owner’s Project at the Property. To this end, City acknowledges and accepts the density, intensity and uses , and all other aspects of t he Project authorized under Owner’s Entitlements. City further acknowledges and agrees that Owner’s Entitlements are consistent and conform in all respects with the “RD 4.5 (4.5 du/ac)” land use designation established by the City ’s Envision Chino General Plan 2025 (“General Plan”), City’s “RD 4.5” Zoning Ordinance at Chapter 20.04 of the Chino Municipal Code, the City ’s Small Lot Residential Subdivision Ordinance at Chapter 20.13 of the Chino Municipal Code, and City’s Subdivision Ordinance at Title 19 of the Chino Municipal Code, except with respect to the vested authorization for private streets (and with respect to such private streets, City he reby finds and determines that the Project qualifies for a waiver of any otherwise applicable requirement for public streets pursuant to Section 19.01.120 of the Chino Municipal Code) , and that, following City’s pre-zoning of the Property pursuant to Section 3.4, no further discretionary approvals shall be required from City for Owner to develop the Property consistent with Owner’s Entitlements. City agrees that, except as provided in Section 3.5, City shall not impose

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any additional conditions or development standards on Owner’s development of the Property in ac cordance with Owner’s Entitlements in any manner that Owner reasonably determines would prevent, delay, or cause an adverse economic impact on Owner’s development of the Project on the Property . Additionally, the Parti es acknowledge that Owner has a vested right to receive approval of its F inal Map; provided such final map is in substantial conformance with the VTM, which is included within Owner’s Entitlements. Should Owner wish to materially amend Owner’s Entitlements following annexation of the Property to City , Owner acknowledges and agrees that such amendment shall be subject to all applicable rules, standards and fees imposed by City in accordance with the Chino Municipal Code and City -adopted fees; provided that C ity, in conducting any review required for such amendment pursuant to the California Environmental Quality Act, City shall consider the Environmental Impact Report (“EIR”) certified by the County in connection with Owner’s Entitlements and, to the greatest legal extent, tier off such EIR in evaluating the proposed amendment .

Notwithstanding any provision of this Agreement to the contrary, the Parties agree that , for purposes of the immediately preceding sentence, any proposed or approved revision to any Project building plans , which does not require an amendment to the VTM, shall not constitute a material amendment of an Owner’s E ntitlement. The term of any subdivision map or any other map, permit, rezoning or other land use authorization or entitlement approved by the City, or approved as an Owner’s Entitlement or Post-Final Map Approval (as defined in Section 3.3), shall, to the fullest extent permitted by law, automatically be extended for the longer of the duration of this Agreement (including any extensions) or the term otherwise applicable to such approval if this Agreement is no longer in effect.

3.3 Applicable Development Permits and Fees . Prior to Ann exation of the Property, all Owner’s Entitlements shall be issued by the County and shall be binding on City for all purposes. Following Annexat ion, Owner may elect, upon written notice to City, to continue to have all post -Final Map permits for developmen t of the Project, including but not limited to building plan revisions, grading permits, building permits, and certificates of occupancy, and al l plan checks, inspections and certifications in connection therewith (each, individually, a “Post-Final Map Approval” or, collectively, the “Post-Final Map Approvals”), issued and conducted by County subject to City and Owner, using commercially reasonabl e efforts, securing an agreement with the County for such purpose and that is consistent with and does not diminish Owner’s right s under this Agreement and Owner’s Entitlements , which Post- Final Map Approvals shall be accepted by and be binding upon City f or all purposes , and to have all applicable related development impact fees required pursuant to Owner’s Entitle ments paid by Owner and collected by County. Absent such election by Owner, following Annexation, Owner may have any Post-Final Map Approval issued and conducted by the City, which Post-Final Map Approval shall not be conditioned, withheld or delayed. With respect to any Post-Final Map Approval issued or conducted by the City in accordance with the preceding sentence, Owner shall directly pay to the City the City development impact fees applicable to such Post -Final Map Approval , in the type and amount specified on the att ached Exhibit C. N otwithstanding any provision herein to the contrary, Owner shall pay all applicable City fees for sewer serv ice i mposed on a citywide basis , including but not limited to then- applicable C ity development impact fees for s ewage

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collection facilities pursuant to Chino Municipal Code section 3.40.040( F) and then- applicable sewer connection fees imposed on a citywide basis. Provided Owner and City are able to secure written approval by the County to perform all required inspections to approve the development of the Property pursuant to Owner’s Entitlements, with any reasonably -required cooperation of City for such County approval, then, without limiting the provisions of the first sentence of this Section, (i) City shall allow County representatives or a County -approved third-party to perform such inspections of, and issue necessary approvals for, the applicable improvements at the Property for consistency with C ounty standards and Owner’s Entitlements , and (ii) Owner shall only be required to post improvement bonds with the C ounty and City agrees that the County shall be solely charged with the authority and responsibi lity to release such bonds. Any additional or ancillary inspections not performed by County shall be performed by City at City’s then applicable inspections fees per the then-current City Master Fee Resolution.

3.4 Pre-Zoning of Property Consistent with Owner ’s Entitlements. City agrees to promptly process and present to the City’s Planning Commission and City Council for approval of an appropriate General Plan amendment and zoning ordinance to pre- zone the Property, consistent with the requirements of the Cor tese-Knox- Hertzberg Local Government Reorganization Act, so as to establish a General Plan land use designation for the Property that is consistent with the General Plan’s existing “RD

4.5 (4.5 du/ac)” land use designation and to pre-zone the Property consistent with the City’s “RD 4.5 ” zoning designation. Owner acknowledges that the approval of such General Plan amendment and pre-zoning ordinance is subject to the discretion of City’s Planning Commission and City Council. However, should the City Council not finally approve such general plan amendment and pre-zoning of the Property consistent with City’s “RD 4.5 (4.5 du/ac)” General Plan land use designation and with the City “RD 4.5” zoning designation within three (3) months following the Effective Date, or if either such approval or the Annexation is successfully challenged by a third- party in a court of competent jurisdiction, City acknowledges and agrees that Owner may , upon written notice to City, terminate this Agreement and thereupon Owner shall have no further obligations with respect to the processing of the Annexation and the Parties shall have no further obligation hereu nder; provided, however that, notwithstanding any such termination of this Agreement or City’s inability to complete Annexation pursuant to Section 2.1, Owner shall consent to having the City provide sewer service to the Property for the P roject and, upon receipt of such written consent, City shall promptly provide such extra- territorial sewer service and promptly permit Owner to con nect to City’s sewer infrastructure . Notwithstanding any provision of this Agreement to the contrary, should Owner terminate t his Agreement in accordance with this Section, Owner expressly reserves and does not waive any of Owner’s rights arising under applicable law to protest or otherwise oppose annexation of the Property to the City (collectively, “Owner Protest Rights”) , and in no event shall City’s performance of its obligation to provide extra- territorial sewer service to the Property for the Project in accordance with this Section be conditioned on, or otherwise require, Owner’s waiver of any Owner Protest Rights . The Parti es acknowledge and agree that , notwithstanding any provisions of this Agreement to the contrary, the provisos in the two preceding

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sentences shall continue to apply and be binding on the Parties notwithstanding any termination of this Agreement pursuant to the provisions of this Section 3.4.

3.5 Compliance with City Standards . Owner agrees that all publicly -owned City facilities and rig hts-of-way constructed by Owner at or adjacent to the Property , including installation of accessible ramps at the northwest corner of Frances and Yorba at the entry of the Property, shall be accomplished in accordance with the City’s 2019 Policy on the Accessibility of Pedestrian Facilities, as amended, to implement the requirements of the Americans with Disabilities Act of 1990 . C ity shall provide reasonable extensions of time for Owner to comply with City standards for design of any such public improvements.

ARTICLE 4. TERMINATION/DEFAULT AND REMEDIES

4.1 Term of Agreement . The term of this Agreement (“Term”) shall commence on the Effective D ate and shall continue until the later to occur of five (5 ) years from the Effective Date or five (5) years following completion of the Annexation, unless terminated earlier as provided in this Agreement. The Term shall be tolled during the pendency of any Third-Party Challenge (as defined in Section 4.5) and during the pendency of any third- party challenge to the pre- zoning of t he Property or to the Annexation. Notwithstanding any other date set forth in the first paragraph of this Agreement or any other provision herein to the contrary, this Agreement shall only become effective upon the effective date of the City ordinance approv ing this Agreement, whereupon for all purposes under this Agreement, the term “Effective Date” shall mean the effective date of such City ordinance.

4.2 Default. Subject to any extensions of time by written mutual consent of the Parties, the failure or unreasonable delay by any Party to perform any of its material duties or obligations hereunder or to comply in good faith with the terms of this Agreement for a period of th irty (30) days after the delivery of a written notice of default from another Party shall constitute a default under this Agreement (“Default”). If the nature of the alleged Default is such that it cannot reasonably be cured within such 30-day cure period, then the commencement of the cure within such time period, and the diligent pros ecution to completion of the cure thereafter, shall be deemed to be a cure within such 30- day period. Any notice of Default given hereu nder shall specify, in detail, the nature of the alleged Default and the manner in which such Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.

4.3 Remedies After Default . Upon the occurrence of a Default under this Agreement, the noticing non- defaulting Party may, at its option, institute legal and equitable proceedings against the defau lting Party in mandamus, specific performance, injunctive or declaratory relief, or, in the alternative, terminate this Agreem ent. During the time periods specified in Section 4.2 for the cure of an event of Default, the Party charged therewith shall not b e considered to be in Default for purposes of institution of legal or equitable proceedings with respect thereto.

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4.4 Rights and D uties Following Termination. Except as provided in Sections 1.3 and 3.4, upon the termination of this Agreement, no Party shal l have any further right or obligation hereunder except with respect to (i) any obligations to have been performed prior to said termination, or (ii) any material default in the performance of the provisions of this Agreement which has occurred prior to said termination.

4.5 Third Party Challenge . In the event of any third -party challenge to this Agreement (“Third-Party Challenge”) , and provided this Agreement is not terminated pursuant to Section 3.4 or upon mutual written consent of the Parties, Owne r shall have the obligation to defend the Third -Party Challenge at its sole cost and expense. The City agrees to cooper ate with the Owner in the defense of any Third -Party Challenge and shall not allow a default judgment to be entered against it or compromise the defense of the Third-Party Challenge without Owner’s prior written approval in Owner’s sole and absolute discretion. Subject to the preceding provisions of this Section, Owner shall indemnify and hold the City and its officials, agents and employ ees harmless from and against any claims, losses, or liabilities assessed or awarded, including any award of attorney fees and costs, against City by way of judgment, settlement or stipulation in resolution of such Third -Party Challenge. Notwithstanding an y provision of this Agreement to the contrary, Owner shall have no obligation to defend, or indemnify costs or liabilities City may occur with respect to, any third-party challenges to City’s pre - zoning of the Property , its adoption of any general plan ame ndment r elated to the Property, or to the Annexation.

4.6 Attorneys’ Fees. In the event that a Party to this Agreement brin gs an action agai nst the other Party hereto by reason of the breach of any condition, covenant, representation or warranty in this Agree ment, or otherwise arising out of this Agreement, the prevailing Party in such action shall be entitled to recover from the other reasonable expert witness fees, and its reasonable attorney’s fees and costs.

Attorneys’ fees shall include attorneys’ fees on any ap peal, and, in addition, a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, including the conducting of discovery.

4.7 Indemnity. Owner shall defend (with counsel reasonably acceptable to City), indemnify, and hold harmless City from and against any and all third party claims, demands, actions, damages, l iabilities, losse s, costs and expenses (including reasonable attorneys’ fees) incurred by City and to the extent arising or resulting fr om:
(a) Owner’s development of the Project following Annexation of the Property; (b) Owner’s failure to comply , followin g Annexation of t he Property, with any then - applicable state or federal law, including but not limited to California Labor Code § 1720, with respect to the Property or the Project, or (c) Owner’s breach of this Agreement.

4.8 Mortgagee Protection. Notwithstan ding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any deed of trust or m ortgage of the Property, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against and shall run to the benefit of any person or entity, including any deed of trust beneficiary or mortgagee who acquires title to or possess ion

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of t he Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise.

ARTICLE 5. MISCELLANEOUS PROVISIONS

5.1 Annual Review . This Agreement shall be subject to the annual review ("Annual Review") by the City Council pursuant to Chino Municipal Code Section

20.23.070, on or before each anniversary date of the Effective Date in order to determine Owner’s good faith compliance with the terms of this Agreement, which determination shall be made on the basis of written findings suppor ted by substantial evidence. Within thirty (30) days of receipt of written notice from the City Manager or designee of the City' s intent to conduct an Annual Review (“Review Notice”), Owner shall submit a report, in a form reasonably required by t he City Man ager or designee, describing its compliance with this Agreement during the immediately preceding twelve (12) month period. Such Review Notice shall include the form of the report.

Owner shall further reimburse City the reasonable costs incurre d by Cit y in conducting such review within thirty (30) days of the City’s request supported by an accounting of such costs. If, as a resu lt of the Annual Review , the City Council finds and determines, on the basis of substantial evidence, that Owner has not complied in good faith with the terms or conditions of this A greement, the City Council shall not take any action to amend or terminate the Agreement without first conducting public hearings in accordance with the procedures specified by Chino Municipal Code S ubsection

20.23.070 H as in effect on the Effective Date. If City fails, during any calendar year, to either (i) conduct the Annual Review or (ii) timely provide Owner the relevant Review Notice, and such failure remains uncured as of December 31 of any year d uring the Term, such failure shall be conclusively deemed an approval by City of Owner’s compliance with the terms of this Agr eement. With respect to any year for which Owner has been determined or deemed to have complied with this Agreement, Ci ty shall , within thirty (30) days following a request made by Owner, provide Owner with a written notice of compliance, in recordable for m, duly executed and acknowledged by City.

Owner shall have the right, in Owner’s sole discretion, to record such notice of compliance.

5.2 Amendment. This Agreement shall be amended only by a written instrument executed by the Parties hereto, or their successors in title.

5.3 Entire Agreement . This Agreement sets forth and contains the entire understanding and agreement of the Parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony of evid ence of any su ch representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

5.4 Severability. If any word, phrase, term, provision, clause, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the invalid provision shall be deemed to be severable from the remaining provisions

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contained within the Agreement. The Parties hereby state and acknowledge they would have adopte d each and every provision contained within this Agreement notwithstanding the presence of an invalid provision.

5.5 Interpretation and Governing Law . This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party or in favor of the City shall not be employed in interpreting this Agreement, all Parties havi ng been represented by counsel in the negotiation and preparation hereof.

5.6 Waiver. Failure of a Party to insist upon th e strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercis e its rights upon the default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compli ance by the other Party with the terms of this Agreement thereafter.

5.7 Mutual Covenants . The covenants contained herein ar e mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.

5.8 Further Actions and Instruments . Each of the P arties shall cooperate with and pr ovide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either P arty at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required ins truments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and t o fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement . The prov isions of this Section shall not require the taking of any actions which are prohibited by law or, except as expressly set for th in this Agreement, impair the lawful legislative discretion of the City as to those matters to which the law imparts legislative discretion to the City.

5.9 Corporate Authority. The person(s) executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute an d deliver t his Agreement on behalf of said Party, (iii) by so executing this Agreement such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement such Party is formally bound to the provisions of this Agreem ent, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such Party is bound.

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5.10 Notices. All notices under this Agreement shall be effective upon personal delivery, via facsimile so long as the sender rec eives co nfirmation of successful transmission from the sending machine, or three (3) business days after deposit in the United States mai l, first class, postage fully prepaid and addressed to the respective Parties as set forth below or as to such other address as the Parties may from time to time designate in writing:

To City: City of Chino
13220 Central Avenue
Chino, CA 91710
Attn: City Manager

Copy to:

To Owner:

Chino City Attorney
Aleshire & Wynder
18881 Von Karman Avenue, Suite 1700
Irvine, CA 92612
Attn: Fred Galante

YORBA VILLAS, LLC
Attn: Loren Bornstein
11766 Wilshire Boulevard, Suite 820
Los Angeles, CA 90025
[email protected]

Copy to: Bradley Brownlow
Holland & Knight LLP
560 Mission Street, Suite 1900
San Francisco, CA 94105
[email protected]

5.11 Time of the Essence . The Parties expressly acknowledge that time is of the essence in the performance of the provisions of this Agreement.

5.12 Counterparts This Agreement may be executed in any number of counterparts, each of which shall constitute one original and all of which shall be one and the same instrument.
[Signatures on following page]

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first set forth above.

CITY

CITY OF CHINO

By: ______________________________
Eunice Ulloa, Mayor

ATTEST:

By:
______________________________
Natalie Gonzaga, City Clerk

APPROVED AS TO FORM

By:
_____________________________
Fred Galante, City Attorney

OWNER
YORBA VILLAS, LLC, a Delaware limited
liability company

By: BE Residential VI, LLC
Its: Sole Member

By: Borestein Enterprises, a California
corporation
Its: Manager

______________________________
Loren Borstein, President

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STATE OF CALIFORNIA )
) ss.

COUNTY OF SAN BERNARDINO )

On _________________, 2023 before me, ___________________________, a notary public, personally appear ed _______________________________________________ who proved to me on the basis of satisfactory evidence to be the per son(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/thei r 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 S tate of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_________________________________________
Notary Public

SEAL:

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.

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STATE OF CALIFORNIA )
) ss.

COUNTY OF SAN BERNARDINO )

On _________________, 2023 befor e me, ___________________________, a notary public, personally appeared _______________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withi n 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 sign ature(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.

_________________________________________
Notary Public

SEAL:

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Exhibit A

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Exhibit B
Vesting Tentative Map No. 20394

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EFFECTIVE DATE: October 4, 2022
EXPIRATION DATE: October 4, 2025

October 19, 2022

Erik Pfahler, Borstein Enterprises
11766 Wilshire Blvd, Suite 820
Los Angeles, CA 90025

SUBJECT: A POLICY PLAN AMENDMENT FROM VERY LOW DENSITY RESIDENTIAL (VLDR) TO LOW DENSITY RESIDENTIAL (LDR) AND A ZONING DISTRICT CHANGE FROM SINGLE RESIDENTIAL- 1 ACRE MINIMUM (RS-1) TO SINGLE RESIDENTIAL (RS) FOR A PROPOSED 45 UNIT PLANNED DEVELOPMENT, CONSISTING OF THE SUBDIVISION OF TWO LOTS INTO FORTY -FIVE (45) OWNERSHIP LOTS AND TWO (2) COMMON LOTS LOCATED AT 4570
FRANCIS AVENUE IN THE UNICORPORATED AREA OF CHINO. APN: 1013- 21-121 & 22; PROJECT NUMBER: PROJ-2021-00008.

Dear Mr. Pfahler:

On October 4, 2022, the above referenced project was approved by the San Bernardino County Board of Supervisors, subject to completion of the attached conditions of approval. The proposed project is found to be in conformance with the County General Plan policies, and the standards of the County Development Code. The effective date of this approval is October 4, 2022. The Planned Development Permit shal l expire and become void on October 4, 2025, if it is not exercised pursuant to the conditions of approval.

PLEASE NOTE: THIS WILL BE THE ONLY NOTICE GIVEN FOR THE ABOVE SPECIFIED EXPIRATION DATE AND THE TIME LINES SPECIFIED IN THE CONDITIONS. THE

APPLICANT IS SOLELY RESPONSIBLE FOR INITIATING ANY TIME EXTENSION REQUEST THIRTY DAYS BEFORE EXPIRATION.

The conditions of approval are listed under specific headings accordi ng to when each condition must be completed for the applicable County Department. Among these headings are: “General Requirements”; “Prior to Grading Permit"; "Prior to Building Permit" and "Prior to Final Inspection or Occupancy”. The enclosed Condition Compliance Release Forms list each County Department or outside agency that must sign- off on the project prior to each stage of development. These forms must be completed with all required signatures in order to obtain each requested permit.

Prior to issuance of any permit, the developer shall return the completed and signed Condition Compliance Release Form with four (4) copies of the stamped approved plot plan and a copy of the conditions of approval to the Planning Division for review.

Within five wo rking days of submittal, the Planning Division will review and, if appropriate, will release the Planning Division hold on each requested permit by stamping the approved plot plans Land Use Services Department
Planning

David Doublet
Director
385 N. Arrowhead Avenue, First Floor, San Bernardino, CA 92415 | Phone: 909.387.8311 Fax: 909.387.3223

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with a “red” permit release stamp or by stamping the grading plans. The developer shall take a copy of the “red stamped” plans along with a copy of the signed Condition Compliance Release Forms to the Building and Safety Division. This will complete the Planning Division’s approval process for that permit. Please note that there may be other corrections and reviews by County Fire, County Public Works or Building and Safety Division that need to be satisfied prior to issuance of permits by the Building and Safety Division.

This completes the Planning Division’s review of this project. The condition of approval and the approved site plan is the final development criteria and design for this project. This is not considered a conceptual design, and as such, is not subject to change or alteration. Therefore, any proposed revisions or modifications will require additional fees and the submittal of a "Revision to Approved Action Application" for review and approval.

It has been a pleasure working with you on this project. If you have any questions regarding specific condition(s) outlined in the attached conditions of approval, please call the appropriate agency or department. The telephone numbers of each County Department are listed in the conditions of approval next to the department’s section heading. If you have any questions regarding this process or require additional information about specific Planning conditions, please contact the Planning Division at (909) 387-4421.

Thank you,

Steven Valdez, Senior Planner

Attachments: Conditions of Approval
Condition Compliance Release Forms
Stamped/Conditionally Approved Plot Plan

cc: County Fire Department, Hazardous Materials Division Building & Safety Division
Land Development Engineering/Roads & Drainage
Code Enforcement Division
Public Works, Solid Waste Management
County Fire/Community Safety
Environmental Health Services
Public Works, Traffic Division

SV/drp

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Conditions of Approval

Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

Planning Division

1. Project Description. a Policy Plan Amendment from Very Low Density Residential (VLDR) to Low Density Residential (LDR), including a Zoning District change from Single Residential, 1 -acre (RS -1) to Single Residential (RS), in conjunction with a Planned Development and Tentative Tract Map (No. 20394) to subdivide two lots into a 45 -unit residential housing tract. The developer shall provide a copy of the approved conditions and the approved site plan to every current and future project tenant, lessee, and property owner to facilitate compliance with these Conditions of Approval and continuous use requirements for the Project.

2. Project Location. The Project site is located at 4570 Francis Avenue, unincorporated Chino.

3. Indemnification. In compliance with SBCC §81.01.070, the developer shall agree to defend, indemnify and hold harmless the County or its “indemnities” (herein collectively the County’s elected officials, appointed officials [including Planning Commissioners], Zoning Administrator, agents, officers, employees, volunteers, advisory agencies or committees, appeal boards or legislative body) from any claim, action or proceeding against the County or its indemnitees to attack, set aside, void or annul an approval of the County by an indemnitee concerning the map or permit or any other action relating to or arising out of County approval, including the acts, errors or omissions of any person and for any costs or expenses incurred by the indemnitees on account of any claim, except where such indemnification is prohibited by law.

In the alternative, the developer may agree to relinquish such approval.

Any Condition of Approval imposed in compliance with the County Development Code or County General Plan shall include a requirement that the County acts reasonably to promptly notify the developer of any claim, action, or proceeding and that the County cooperates fully in the defense. The developer shall reimburse the County and its indemnitees for all expenses resulting from such actions, including any court costs and attorney’s fees, which the County or its indemnitees may be required by a court to pay as a result of such action.

The County may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the developer of their obligations under this condition to reimburse the County or its indemnitees for all such expenses. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The developer’s indemnification obligation applies to the indemnitee’s “passive” negligence but does not apply to the indemnitee’s “sole” or “active” negligence” or “willful misconduct” within the meaning of Civil Code §2782.

4. Development Impact Fees: Additional fees may be required prior to issuance of development permits. Fees shall be paid as specified in adopted fee ordinances.

5. Clear Sight Triangle: Adequate visibility for vehicular and pe destrian traffic shall be provided at clear sight triangles at all 90 -degree angle intersections of public rights -of-way and private driveways. All signs, structures and landscaping located within any clear sight triangle shall comply with the height and location requirements specified by County Development Code (SBCC§ 83.02.030) or as otherwise required by County Traffic .

6. Continuous Effect/Revocation: All of the conditions of this project approval are continuously in effect throughout the operative life o f the project for all approved structures and approved land uses/activities. Failure of the property owner or developer to comply with any or all of the conditions at any time may result in a public hearing and possible revocation of the approved land use, provided adequate notice, time and opportunity is provided to the property owner, developer or other interested party to correct the non-complying situation.

7. Revisions: Any proposed change to the approved Project and/or conditions of approval shall require that an additional land use application (e.g., Revision to an Approved Action) be submitted to County Land Use Services for

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Chino City CouncilJuly 5, 2023

Chino City Council
July 5, 2023