Agenda packet — Chino City Council, July 18, 2023 (part 1 of 5)

Those persons wishing to speak on any item included on the agenda, or on any matter within the subject matter jurisdiction of the City Council, are invited fill out and submit to the City Clerk a “Request to Speak” form (name and address optional) which is available at the entrance to the City Council Chambers. Additionally, members of the public may submit electronic inquiries or comments by submitting emails to [email protected]
If you require a reasonable accommodation to participate in this meeting per your rights under the Americans with Disabilities Act or for any other reason, please contact the City Clerk’s Office (909) 334-3306, at least 48 hours prior to the advertised starting time of the meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available in the City Clerk’s Office during normal business hours at City Hall located at 13220 Central Avenue, Chino. In addition, such documents will be posted on the City’s website at www .cityofchino.org

CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

FINAL - CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY JULY 18, 2023

REGULAR MEETING
AGENDA
CLOSED SESSION – 5:30 PM
OPEN SESSION – 6:00 PM
_________________________________________________________________________________

ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.

CLOSED SESSION PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about the closed session items. Ordinance No. 97-08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address the Council, except as provided under Government Code 54954.3(b)(2).

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Elise Brown v. County of San Bernardino et al. (Central District Court Case No. 5:20-cv-01116-MCS-SP)

FLAG SALUTE

CEREMONIALS
Recognition of Chino Cultural Foundation Scholarship Winners. Recognition of Chino Cultural Foundation's Scholarship Winners.
1 CHINO CITY COUNCIL
JULY 18, 2023 2
Recognition of the Retirement of City of Chino Police Chief Wes Simmons. Recognition of Chino Police Department Chief Wes Simmons retirement date August 13, 2023.

REPORT OUT OF CLOSED SESSION

AGENDA ADDITIONS/REVISIONS

PUBLIC ANNOUNCEMENTS
This is the time and place for the Mayor to inform the public of all upcoming events and past occurrences of communitywide interest and concern.

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council about subjects that do not appear elsewhere on the agenda. Due to Council policy and Brown Act requirements, action will not be taken on any issues not on the Agenda. Ordinance No. 97 -08 (Chino Municipal Code Section 2.04.090) limits speakers to no more than five (5) minutes in which to address Council, except as provided under Government Code 54954.3(b)(2).

CONSENT CALENDAR
At this time, members of the public may present testimony as to why an item should be removed from the Consent Calendar for separate discussion. Unless a member of the public or City Council requests that an item be removed from the Consent Calendar, all items will be acted upon as a whole and by one vote. Items placed on the Consent Calendar represent routine expenditures and/or actions that support ongoing City operations.

1. Warrants. Approve expenses as audited and within budget for warrants 766068 to 766279, and Electronic Fund Transfers 517529E to 517617E, totaling $5,909,364.26.

2. Minutes. Regular Meeting Minutes June 20, 2023 (All Members Present).

3. Elected City Officials’ Report Regarding Travel, Training, and Meetings. Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

4. Designation of League of California Cities Voting Delegates. Designate Council Member Curtis Burton as the Voting Delegate, Council Member Lucio as the 2nd Voting Delegate, and Mayor Pro Tem Karen C. Comstock as the 3rd Voting Delegate for the 2023 League of California Cities Annual Conference and Expo.

5. Renewal of Live Entertainment Permit - The Patio Grill & Cantina. Approval of a renewal Live Entertainment Permit for The Patio Grill &Cantina at 13511 Central Ave. for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of permit.

6. Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/2025 -2028/2029.

Adopt Resolution No. 2023-048, approving Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025-2028/2029.

7. Adoption of Ordinance Nos. 2023 -005 and 2023 -015, Ramona Francis Annexation (Second Reading) Adoption of Ordinance Nos. 2023 -005 and 2023-015, Ramona Francis Annexation (Second Reading).

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, 2 CHINO CITY COUNCIL
JULY 18, 2023 3
STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23 -0015 (ZONE ORDINANCE AMENDMENT).

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.

8. Adoption of Ordinance No. 2023 -014 pertaining to the Yorba Villas Pre -Annexation and Development Agreement (Second Reading). Adoption of Ordinance No. 2023 -014 for the Yorba Villas Pre-Annexation and Development Agreement (Second Reading).

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 13.35 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.

9. Adoption of Ordinance No. 2023 -016, Community Services Name Change (Second Reading).

Adoption of Ordinance No. 2023-016, Community Services Name Change (Second Reading).

ORDINANCE NO. 2023 -016 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF CHINO MUNICIPAL CODE

TO CHANGE THE NAME OF THE COMMUNITY SERVICES DEPARTMENT AND THE

COMMUNITY SERVICES COMMISSION

10. Purchase Order Approval - Porter Corp. Approve a purchase order in the amount of $59,297.94 for Porter Corp, Holland, MI for the purchase of a Poligon shade shelter for the Walnut Park Improvements project (PK223).

11. Notice of Completion: WA19C Eastside Water Treatment Plant Paving Project. Accept Project No. WA19C Eastside Water Treatment Plant Paving Project as complete and authorize the Director of Public Works to file the Notice of Completion.

12. Notice of Completion: R2071 - Benson Avenue Permanent Lift Station Project. Approval of a Notice of Completion for Project No. R2071 - Benson Avenue Permanent Lift Station Project.

13. Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2023 -24. Adopt Resolution No. 2023-050 approving the Road Maintenance and Rehabilitation Account Project List for Fiscal Year 2022 -23 to be funded by SB 1: The Road Repair and Accountability Act of 2017.
3 CHINO CITY COUNCIL
JULY 18, 2023 4

PUBLIC HEARING
Prior to the vote of the City Council, any member of the audience will have the opportunity to address Council on any items listed under Public Hearings. Council requests, but it is not required, that you state your name and address prior to making any remarks.

14. Approve the Introduction of Ordinance No. 2023 -017. Introduction of Ordinance No. 2023 -017, amending Chapters 15.45 and 15.46 of the Chino Municipal Code to integrate Climate Action Plan standards and provide for solar panel applications through SolarAPP+.

Staff Report By: Mike Heroux, Deputy Director of Development Services RECOMMENDATION: 1) Conduct a public hearing; and 2) approve the introduction of Ordinance No. 2023-017, to be read by number and title only and waive further reading of the Ordinance.

ORDINANCE NO. 2023 -017 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, AMENDING MULTIPLE SECTIONS OF TITLE 15 OF THE CHINO MUNICIPAL CODE TO INCORPORATE UPDATES TO THE CITY’S CLIMATE ACTION

PLAN AND UPDATE THE ROOFTOP SOLAR PERMITTING PROCESS TO INCLUDE SOLARAPP+

15. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2023 -2024.

Conduct the Public Hearing and adopt Resolution No. 2023 -049, directing the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Conduct the Public Hearing; 2) adopt Resolution No. 2023 -049; and 3) direct the City Clerk to file a certified copy of the diagram and assessments with the County Auditor/Controller Recorder.

NEW BUSINESS

16. Award of Contract for City Park Restrooms Restoration. Award a contract to New Millennium Construction Services, Inc., Chino Hills, CA in the amount of $538,985.55 for the restoration of city park restrooms.

Staff Report By: Keith Martinez, Assistant Public Works Services Manager RECOMMENDATION: 1) Appropriate $496,782.55 to the program 3607220, with a corresponding year end General Fund transfer to Fund 360; 2) award a contract in the amount of $538,985.55 to New Millennium Construction Services, Inc., Chino Hills, CA, for the restoration of City park restrooms; 3) authorize $107,797 for extraordinary work, for a total contract amount not-to-exceed $646,782.55; and 4) authorize the City Manager to execute the necessary documents on behalf of the City.

17. Citywide Pavement Rehabilitation Project - Phase 1 Pilot Program. Receive presentation and provide direction regarding the City of Chino Citywide Pavement Rehabilitation Project – Phase 1 Pilot Program.

Staff Report By: Amer Jakher, Special Projects Administrator RECOMMENDATION: Receive presentation from staff and provide direction regarding the Citywide Pavement Rehabilitation Project - Phase 1.

18. Memorandums of Understanding, Compensation and Salary Adjustments. Adjustment in compensation and terms and conditions of employment for affected employees of the City of Chino.

Staff Report By: Debbie Pacheco, Senior Management Analyst 4 CHINO CITY COUNCIL
JULY 18, 2023 5
RECOMMENDATION: 1) Adopt Resolution No. 2023 -051 approving the Memorandums of Understanding with the: Chino Police Professional Employee’s Association (CPPEA); American Federation of State, County and Municipal Employees (AFSCME); Chino City Hall Confidential Employee Association (CCHCEA); Teamsters Local 1932 Professional, Technical, and Clerical Unit (Teamsters) and amendments to the compensation and terms and conditions of employment referenced for other employees of the City of Chino; 2) Adopt Resolution No. 2023-052 approving the Classification and Compensation Schedules; 3) Approve a total appropriation in the amount of $1,568,666 to the various funds listed below in the fiscal impact; and 4) Authorize the City Manager to execute all necessary documents on behalf of the City.

19. Approval of Purchase and Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well site. Purchase & Sale Agreement between the City of Chino and Chino Development Corporation for the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario.

Staff Report By: Sylvia Ramos, Associate Engineer
RECOMMENDATION: 1) Appropriate $230,300 from the unappropriated reserves of the Water Fund and schedule a corresponding year -end transfer in the same amount from The Preserve Water Source, Storage & Distribution Facilities Development Impact Fee Fund 261; 2) approve the Purchase and Sale Agreement between the City of Chino and Chino Development Corporation, a California corporation for the purchase of the Bon View Well Site located at the northeast corner of Bon View and Schaefer Avenues in the City of Ontario; 3) authorize a payment to Fidelity National Title Company in the amount of $150,000 for the purchase of the Bon View Well site and authorize up to $7,500 for associated escrow costs; 4) approve an immediate reimbursement to Chino Development Corporation per the terms of the amended and restated Preserve Development Agreement for improvements associated with the Eastside Water Treatment Facility in the amount of $72,800; and 5) authorize the City Manager to execute all of the necessary documents of behalf of the City.

MAYOR AND COUNCIL REPORTS
This is the time and place for the Mayor and Council Members to report on prescheduled Council Committee Assignment Meetings that were held since the last Regular Council Meeting, and any other items of interest. Upon request by an individual Council Member, the City Council may choose to take action on any of the subject matters listed below.

Mayor Ulloa
Mayor Pro Tem Comstock
Council Member Burton
Council Member Flores
Council Member Lucio
City Manager's Report
City Attorney's Report
Police Chief's Report
Fire Chief's Report
5 CHINO CITY COUNCIL
JULY 18, 2023 6

ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 5, 2023 at 6:00 p.m. (Closed Session no earlier than 4:00 p.m. if necessary) in these Council Chambers.

I, Natalie Gonzaga, City Clerk of the City of Chino, hereby declare that on Thursday, July 13, 2023 this agenda was posted on the south window of Chino City Hall and this agenda together with all of the agenda reports and related documents were posted on the City’s website at www.cityofchino.org by myself or under my direction.
_______________________________________
Natalie Gonzaga, City Clerk.
6 MEMORANDUM

CITY OF CHINO

COMMUNITY SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: SILVIA AVALOS, COMMUNITY SERVICES DIRECTOR

SUBJECT
..titl e
Recognition of Chino Cultural Foundation Scholarship Winners. ..end

RECOMMENDATION
Recognition of the Chino Cultural Foundation’s Youth Arts, Rose Ann Hammond Memorial, and Gretchen Hartt McCombs Memorial Music Scholarships recipients. ..body

FISCAL IMPACT
None.

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:
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure:

Transfer In: Transfer Out:
7 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: RECOGNITION OF CHINO CULTURAL FOUNDATION SCHOLARSHIP WINNERS.

PAGE: 2

BACKGROUND
The Chino Cultural Foundation supports music, theatre, and visual arts by providing scholarships to students living within the Chino Valley Unified School District. The Youth Arts Scholarship goes to students enrolled in music, theatre, or visual arts programs, and may be used for training, instrument rental /purchase, as well as to purchase equipment and materials.

The Rose Ann Hammond Memorial Scholarship is awarded to a student w ho is graduating from Buena Vista High School in Chino, who will be pursuing education, training, or a career in the arts. The Gretchen Hartt McCombs Memorial Music Scholarship is awarded to a graduating senior or a current college student, who is enrolled in a college or university as a music or music education major.

ISSUES/ANALYSIS
The following individuals have been named as the Youth Arts Scholarship Recipients: Angelo Gibbs, Catherine Gruen, Patrick Quiroz, Joseph Rice, and Rhlee Smith; Rose An n Hammond Memorial Scholarship Recipient: Kaylee Pitts; and Gretchen Hartt McCombs Memorial Music Scholarship Recipient: Kelsey Rhebergen.

8 MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: MEMBERS OF THE CHINO POLICE DEPARTMENT

SUBJECT
..titl e
Recognition of the Retirement of City of Chino Police Chief Wes Simmons. ..end

RECOMMENDATION
Recognize Chief Wes Simmons for his 28 years of dedicated service to the City of Chino. ..body

FISCAL IMPACT
None.

Revenue:

Expenditure:

Transfer In: Transfer Out:
9 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: RECOGNITION OF THE RETIREMENT OF CITY OF CHINO POLICE CHIEF WES SIMMONS.

PAGE: 2

BACKGROUND
Chief Simmons began his career with the Chino Police Department in August of 1995 as a Police Officer after graduating from California State University at Fullerton. Chief Simmons served as Police Officer, Field Training Officer, SWAT Team Operator, Corporal, Detective, Sergeant, Lieutenant and Captain before being appointed as the Chief of Police in July of 2019.

Chief Simmons is a graduate of the 255 th Session of the FBI National Academy and Class 60 of California’s POST Command College. He has a master’s degree in Organizational Management from the University of Phoenix, and he completed the Harvard Kennedy School’s Senior Executives in State and Local Government.

10 MEMORANDUM

CITY OF CHINO

FINANCE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: ROB BURNS, DIRECTOR OF FINANCE

SUBJECT
..titl e
Warrants.
..end

RECOMMENDATION
Approve expenses as audited and within budget for warrants 766068 to 766279, and Electronic Fund Transfers 517529E to 517617E, totaling $5,906,364.26. ..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 22-23 Operating Budget.

Revenue:

Expenditure:

Transfer In: Transfer Out:
11 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: WARRANTS.

PAGE: 2

BACKGROUND
As prescribed by Government Code Sections 37202 and 37208, the following demand registers are herewith submitted for Council ratification:

NO. WARRANTS DATE FY AMOUNT

1. 766068 – 766191 6/15/23 22-23 $1,325,388.70

2. 766192 – 766279 6/22/23 22-23 $1,460,930.72

3. 517529E – 517582E 6/16/23 22-23 $436,039.04

4. 517583E – 517617E 6/23/23 22-23 $2,684,005.80

5. 6.

E: Electronic Fund Transfer
TOTAL $5,906,364.26

ISSUES/ANALYSIS
See attached exhibit for detailed information on warrants exceeding $50,000.

RB:hm
Attachment:

Warrants Exhibit 7-18-23
12 Council Meeting 7/18/23

CITY OF CHINO
A/P Warrant Register Over $50,000

Check
Number
Check Date Vendor Name Description Amount
766097 06/15/2023 CHINO VALLEY UNIFIED SCHOOL DISTRICT CHINO HS CONSTRUCTION $368,713.75 766100 CIVICA LAW GROUP, APC OUTSIDE ATTORNEY SERVICES- MARCH $63,302.08 766133 LANDSCAPE WEST MANAGEMENT SERVICES,
INC.

LANDSCAPE MAINTENANCE $62,950.00
766135 LENNAR HOMES OF CALIFORNIA, INC. DIF REIMBURSEMENT TRAFFIC SIGN $113,466.00 766170 SO CAL EDISON CO SERVICE PERIOD: 05/04-06/04 $232,274.11 766189 WEST COAST ARBORISTS, INC. TREE TRIMMING SERVICES $54,579.75 517537 06/16/2023 BUREAU VERITAS TECHNICAL ASSESMENTS
LLC
ADA TRANSITION PLAN $53,987.88
517558 MYERS & SONS HIWAY SAFETY STREET SAFETY SUPPLIES $77,172.14 517567 MERCHANTS LANDSCAPE SERVICES, INC. LANDSCAPE MAINTENANCE $55,318.02 517569 NEXTECH SYSTEMS, INC. TRANSPORTATION SERVICES $84,120.00 766215 06/22/2023 EBS GENERAL ENGINEERING, INC. CONTRACT SERVICES $174,761.24 766224 GENERAL PUMP COMPANY, INC. WELL 17 REHABILITATION $242,915.00 766244 LOS ANGELES ENGINEERING, INC. MVP PUBLIC RIGHT OF WAY $422,751.50 766260 S/B COUNTY ASSOC GOVERNMENTS SR60/CENTRAL INTERCHANGE $312,970.31 766275 WEST COAST ARBORISTS, INC. TREE TRIMMING $54,212.25 517586 06/23/2023 CHINO VALLEY INDEPENDENT FIRE DISTRICT FIRE PROTECTION SERVICES-JUNE $1,142,262.00 517603 MAMCO, INC. WATER MAIN LINE REPLACEMENT $947,612.41 517614 WATER FACILITIES AUTHORITY IMPORTED WATER $356,957.78 517617 YUNEX LLC CITYWIDE TRAFFIC SIGNAL MAINTENANCE $129,160.27

19 TOTAL $4,949,486.49

13 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Minutes.
..end
..body

Attachment:

Minutes (Draft) June 20, 2023
14 CHINO CITY COUNCIL

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
REGULAR MEETING – CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710

TUESDAY JUNE 20, 2023

CLOSED SESSION – 4:30 PM
OPEN SESSION – 6:00 PM

MINUTES

CALL TO ORDER
The June 20, 2023, Regular Meeting of the Chino City Council / Successor Agency to the Redevelopment Agency was called to order at 4:32 p.m. by Mayor Eunice M. Ulloa in the Council Chambers.

ROLL CALL
PRESENT: Mayor Eunice M . Ulloa, Mayor Pro Tem Karen C. Comstock, Council Members Curtis Burton, Christopher Flores, and Marc Lucio.

ABSENT: None.

CLOSED SESSION PUBLIC COMMENTS
There were no requests to speak.

CLOSED SESSION
City Attorney Fred Galante read into the record the items listed on the Closed Session agenda.

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino City Hall Confidential Employee Association, Chino Police Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 -Professioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36 -Local 3183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Sworn Management, Executive Management, Elected Officials.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Pursuant to Government Code Section 54956.8
Properties: 5412 Francis Avenue (APN 1014-281-03): Grand West Coast Investment, LLC and 0 Francis Avenue (APN 1014-281-08): Grand West Coast Investment, LLC Agency Negotiator: Linda Reich, City Manager
Negotiating Parties: Grand West Coast Investment, LLC
Under Negotiation: Price and terms of potential acquisition. 15 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 2

Mayor Ulloa announced she will abstain from the closed session item #2 discussion.

The City Council recessed to Closed Session at 4:35 p.m.

Mayor Ulloa exited Closed Session at 6:01, prior to the discussion for Closed Session item #2.

The City Council concluded Closed Session at 6:03 p.m. and reconvened the regular meeting at 6:08 p.m.

FLAG SALUTE
Council Member Lucio led the assembly in reciting the Pledge of Allegiance.

REPORT OUT OF CLOSED SESSION
City Attorney Fred Galante reported out of closed session as follows:

1. CONFERENCE WITH LABOR NEGOTIATOR(S).

Pursuant to Government Code Section 54957.6:

Agency Negotiator: Geriann Kingslan, Director of Human Resources/Risk Management.

Employee Organizations: Chino City Hall Confidential Employee Association, Chino Police Professional Employees Association, San Bernardino Public Employees Association (SBPEA)/Teamsters Local Union No. 1932 -Professioinal, Technical and Clerical, American Federation of State, County and Municipal Employees (AFSCME District Council 36-Local 3183), Chino Police Officers Association, Chino Police Management Association, Unrepresented Management, Unrepresented Sworn Management, Executive Management, Elected Officials.

The City Council received an update, provided direction, and no further reportable action was taken.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR.

Mayor recused herself from Closed Session item #2 . The City Council received an update , provided direction, and no further reportable action was taken.

CEREMONIALS
Presentations
Mayor Ulloa announced the June 2023 Mayor’s Home Beautification Award winner as Alma D.

Jimenez, 4400 Philadelphia Street who was unable to be present to accept the award.

16 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 3

AGENDA ADDITIONS/REVISIONS
City Manager Linda Reich reported there were no agenda additions or revisions.

INFORMATION
Legislative Update - Tracked Legislation.

PUBLIC ANNOUNCEMENTS
Mayor Ulloa issued a reminder about the following scheduled community events:
 Chino Summer Nights will occur every Friday night at 6:30 p.m. (with the exception of June 30 for the Fireworks Spectacular) from June 23 to July 28 at the City Hall Lawn. For questions, call the Carolyn Owens Community Center at 909-334-3258.  Kiwanis Summer Concerts will occur every Thursday night beginning July 6 to August 3 from 7:00 p.m. to 9:00 p.m. All events will be held on the lawn in front of City Hall except for the concert on August 11 that will be held at Founders Park in The Preserve.  Fireworks Spectacular two-day event will occur Friday, June 30 from 4:00 p.m. to 10:00 p.m. and the Fireworks Spectacular on Saturday, July 1 from 1:00 p.m. to 10:00 p.m. at Ayala Park.

For questions, call the Carolyn Owens Community Center at 909-334-3258.  Chino City Hall will be closed on Tuesday, July 4 in observance of Independence Day. City Hall will re-open the following day on Wednesday, July 5 at its regular operating hours of 7:30 a.m. to 5:30 p.m.

PUBLIC COMMENTS
David Bustamante, Calvary Chapel Chino Valley, provided the invocation.

Janet Howl, shared information and invitation for the August 12, 2023, Relay for Lif e event to help promote cancer awareness that will occur at the Chino City Hall Lawn.

Julia Cabrera, of the Chino Valley Chamber of Commerce, provided an update on upcoming events and programs.

Steven Elie, Vice President of the Inland Empire Utilities Agency ( IEUA), spoke regarding the pass-through rates, and explained and discussed the IEUA fee collection process.

CONSENT CALENDAR

1. Warrants. Approve expenses as audited and within budget for warrants765691 to 765902, and Electronic Fund Transfers 517401E to 517483E, totaling $2,692,341.07.

2. Adopt Ordinance No. 2023 -013, Authorizing the Levy of Special Taxes (Sage Cedar) (Second Reading). Adopt Ordinance No. 2023-013, Authorizing the Levy of Special Taxes within the Community Facilities District 2023-1 (Sage Cedar) ORDINANCE 2023-013

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2023-1 (SAGE CEDAR) OF THE CITY OF CHINO AUTHORIZING THE LEVY OF SPECIAL

TAXES WITHIN THE DISTRICT

3. Adoption of Ordinance No. 2023-011, Lewis DA (Second Reading). Adopt Ordinance No. 2023-011, approving the Amended and Restated Preserve Development Agreement. 17 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 4

ORDINANCE NO. 2023-011

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA,

APPROVING THE AMENDED AND RESTATED PRESERVE DEVELOPMENT

AGREEMENT BY AND BETWEEN THE CITY OF CHINO AND THE CHINO PRESERVE DEVELOPMENT CORPORATION, ETC. RELATED TO THE DEVELOPMENT OF APPROXIMATELY 1,157 ACRES OF REAL PROPERTY IN THE PRESERVE WITHIN THE CITY OF CHINO (CONTRACT NO. 2004-073)

4. Temporary Appointment of a CalPERS Retiree Pursuant to Government Code Sections 7522.56 and 21221(h). Adopt Resolution No. 2023-043 for the temporary appointment of a CalPERS retiree Michelle Dawson pursuant to government code Sections 7522.56 and 21221(h).

5. Tri Pointe Homes Holdings, Inc. - Final Tract Map No. 20312-1 & Subdivision Improvement Agreement. Approve Tract Map No. 20312 -1, generally located south of the Southern California Edison Easement, west of East Preserve Loop and north of Pine Avenue; and approve the correlating Subdivision Improvement Agreement w ith Tri Pointe Homes Holdings, Inc., a Delaware corporation.

6. Amendment to Professional Services Agreement - General Plan Check & Other Related Engineering Services (ERSC) . Approve an amendment to the Professional Services Agreement with Engineering Resources of Southern California, Redlands, CA in the amount of $120,000 for a total contract amount not to exceed $670,000 for general plan check and other related engineering services through June 30, 2023.

7. Vendor Cap Increase and Amendment Approval fo r Various CIP Projects - Z & K Consultants, Inc. Approve a vendor cap increase and contract amendment in the amount of $98,000 to Z & K Consultants, Inc., for various CIP Projects.

8. Landscape and Streetlight Maintenance District Assessment for Fiscal Year 2023-24. Adopt Resolution No. 2023-035 directing the filing of an annual report; adopt Resolution No. 2023- 036 approving the Engineer's Report; adopt Resolution No. 2023-037 declaring its intention to order improvements for Assessment District Nos. 75-1, 75-2, 76-1, 76-2, 83-2, and 2002- 1; and schedule a public hearing for Tuesday, July 18, 2023.

9. Community Services Commission Compensation . Adopt Resolution No. 2023 -038, increasing the Community Services Commission per meeting stipend amount to $125/meeting.

Moved by Council Member Lucio, seconded by Council Member Burton, and carried on a 5-0-0 vote to approve Consent Calendar Items 1-9.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

NEW BUSINESS

10. Fiscal Years 2023-25 City Budget and Appropriations Limit . Adopt Resolution Nos. 2023 - 044, 2023-045, and 2023 -046, approving and adopting the City Budget for Fiscal Years 2023-25, approving and setting the Appropriations Limit for Fiscal Year 2023 -24; and approving amendments to the City's Classification and Salary schedule. 18 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 5

Linda Reich, City Manager provided a report on this item.

Moved by Council Member Lucio, seconded by Council Member Burton, and carried on a 5-0-0 vote to 1) Adopt Resolution No. 2023-044, approving and adopting the City Budget for Fiscal Years 2023 -25; 2) adopt Resolution No. 2023 -045, approving and setting the Appropriations Limit for Fiscal Year 2023-24; 3) adopt Resolution No. 2023- 046, approving amendments to the City’s Classification and Salary schedule; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

11. Annual Contract Amendments/Renewals and Blanket Purchase Orders. Authorize annual contract amendments or renewals and issue blanket purchase orders.

Jizelle Sandoval, Purchasing Manager provided a report on the item.

Moved by Mayor Pro Tem Comstock, seconded by Council Member Lucio, and carried on a 5 -0-0 vote to authorize the City Manager to enter into these annual contract amendments or renewals, issue blanket purchase orders, and execute all necessary documents on behalf of the City.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

12. Award Professional Services Agreements for the Development Services Department - General Plan Check Services . Approve Professional Services Agreements with Engineering Resources of Southern California, Inc., Redlands, CA; Cannon Corporation, Irvine, CA; a nd Bureau Veritas North America, Pasadena, CA for a total amount not to exceed $625,000 for engineering plan check services through June 30, 2024.

Jesus Plasencia, Assistant City Engineer presented a report on the item.

Moved by Mayor Pro Tem Comstock, seconded by Council Member Flores , and carried on a 5-0-0 vote to 1) Award Professional Service Agreements to: Engineering Resources of Southern California, Inc., Redlands, CA., for $250,000; Cannon Corporation, Irvine, CA., for $125,000 and Bureau Veritas N orth America, Pasadena, CA., for $250,000, to provide general plan checking and other related engineering services for an amount not to exceed $625,000; 2) authorize the City Manager to execute the necessary documents on behalf of the City, and to approve up to two (2), one-year contract extensions.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.
19 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 6

MAYOR AND COUNCIL REPORTS
Mayor Ulloa.

Mayor Ulloa reported on the following meetings and events attended since the last meeting that included the Omnitrans and San Bernardino County Transportation Authority (SBCTA) Board of Directors meeting ; Community Services Commission interview panel; Supervisor Hagman’s Open House; Water Facility Aut hority Special Board Meeting ; filmed a segment for the Chino Valley Independent Fire District State of the District ; City Branding Consultants meeting; California Institution for Women and the California Institution for Men meeting; Janet Howl meeting regarding the Relay for Life; June 13 Workshop; Mayor’s Prayer breakfast; Omnitrans Administration Committee meeting; San Bernardino County Transportation Authority ( SBCTA) Transit and Metro Valley committee meeting ; and City Pet Fundraiser event at Cal Aero . She wished her husband a happy 48th wedding anniversary, she also announced the Junior Fair will take place on Friday, July 14, and the Chino Demolition Derby will take place on July 22.

Mayor Pro Tem Comstock.

Mayor Pro Tem Comstock wished the Mayor a happy anniversary.

Council Member Burton.

Council Member Burton wished the Mayor a happy anniversary and reported on the following meetings and events attended since the last meeting that included the Supervisor’s Hagman’s Open House; Planning Commission meeting; City Manager Meeting; City Branding Consultant Meeting; June 13 Workshop; Mayor’s Prayer Breakfast ; Chino Valley Unified School District Board Meeting; City Manager Meeting; and City Council Meeting.

Council Member Flores.

13. Community Support Contribution. Approval of Community Support Fund Contributions to various non-profits and community groups.

Council Member Flores provided a report on this item.

Moved by Council Member Burton, seconded by Mayor Pro Tem Comstock , and carried on a 5 -0-0 vote to approve community support fund contributions in the amount of $500 each to Rancho Del Chino Rotary Club, Chino Valley Chamber of Commerce Foundation, Chino Valley Fire Foundation, and Isaiah's Rock.

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

Council Member Flores reported on the following meetings and events attended since the last meeting that included the City Branding Consultant meeting ; Fire Foundation Meeting ; Chino Valley Chamber meeting; June 13 Workshop; and wished the Mayor a happy anniversary.

Council Member Lucio.

14. Community Support Fund. Approval of Community Support Fund Contributions to various non-profits and community groups.
20 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 7

Council Member Lucio provided a report on this item.

Moved by Council Member Burton, seconded by Council Member Flores, and carried on a 5 -0-0 vote to approve community support fund contributions to: Chino Girls Fastpitch ($250), Chino AYSO Region 67 ($500), and Chino Police Explorer Post #211 ($250).

AYES: ULLOA, COMSTOCK, BURTON, FLORES, LUCIO.

NOES: NONE.

ABSENT: NONE.

Mayor Ulloa reported that Council Member Lucio’s father passed away and expressed her sincere condolences to him and his family.

Council Member Lucio thanked everyone who sent condolences messages for the recent passing of his father. He thanked the city staff for their support and the gift basket and noted that he appreciated all the support during this difficult time. He reported on meetings and events since the last meeting that included the City Branding Consultant meeting ; infrastructure committee meeting; open a left turn access to enter shopping center at Kimball and Euclid which will come forth to a future city council meetin g; citizens committee meeting for CIM and CIW ; and the Budget workshop. He wished everyone a 4th of July; wished a happy birthday to brother and his wife, wished the mayor a happy anniversary, and rooted for the Angels baseball team.

City Manager's Report.

City Manager Linda Reich thanked the Mayor and the City Council for approving the 2 -year budget. Dr. Reich thanked City staff for their efforts to put the budget together and their hard work and confirmed that the street repair discussion will be scheduled in July.

City Attorney's Report.

City Attorney Fred Galante had no report and e xtended his condolences to Council Member Lucio’s loss.

Police Chief's Report.

Police Chief Wes Simmons reported the Chino Police Department Annual report is available on the city’s website. He invited residents to the temporary Southeast Police Substation located at the Chino Valley Fire Station 63 on Kimball Avenue, on June 5 from 11:00 a.m. to 1:00 p.m., for a BBQ to promote their location. He thanked the Fire Department for hosting this area for the Police Department. Chief Simmons confirmed that the event will be promoted using social media and with the assistance of residents who reside near the substation.

Fire Chief's Report.

Fire Deputy Chief Carlos Skibar provided information on the ambulance services agreement, Fire Station 68, which is slated to begin construction this winter. He provided an update on Fire Department recruitments, the upcoming State of the District luncheon which will occur on October 25, and promoted mental health and post-traumatic stress disorder (PTSD) Awareness Month in June. He wished the Mayor a happy anniversary and expressed condolences to Council Member Lucio.

21 CHINO CITY COUNCIL
JUNE 20, 2023 MINUTES 8

ADJOURN
The meeting adjourned at 6:53 p.m. The next meeting of the City Council will be a special meeting held on Wednesday, July 5 , 2023, at 6:00 p.m. (Closed Session no sooner than 4:00 p.m. if necessary) in these Council Chambers.

APPROVED AND ADOPTED THIS 18th DAY OF JULY, 2023.

EUNICE M. ULLOA, MAYOR
ATTEST:

NATALIE GONZAGA, CITY CLERK

**************************************************
(These minutes are not official until signed.)
22 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Elected City Officials’ Report Regarding Travel, Training, and Meetings.

..end

RECOMMENDATION
Receive and file the Elected City Officials’ Report reflecting City Council business related expenses incurred by the City.

..body

FISCAL IMPACT
Sufficient funding is available in the adopted Fiscal Year 2023-24 Operating Budget.

CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above furthers the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:

 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000-43320
Transfer In: Transfer Out:
23 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ELECTED CITY OFFICIALS’ REPORT REGARDING TRAVEL, TRAINING, AND MEETINGS.

PAGE: 2

BACKGROUND
In accordance with Government Code Sections 53232.2 and 53232.3, implementing Assembly Bill (AB) 1234 on January 1, 2006, the City adopted Resolution No. 2005 -093 establishing a Business-Related Expense Policy. On December 6, 2016, the City approved Resolution No. 2016-075 adopting the latest revisions to this policy. In addition to requiring local agencies to adopt a business-related expense policy, AB 1234 requires that Elected Officials provide a brief report on meetings attended at the expense of the local agency at the next regular meeting of the legislative body.

ISSUES/ANALYSIS
In response to AB 1234, a report regarding Elected City Officials’ Travel, Training, and Meetings (Exhibit A) was created and is placed on the City Council Agenda Consent Calendar, as needed. The documents that pertain to the items listed on Exhibit A are available for public inspection at the City Clerk’s office located in City Hall at 13220 Central Avenue, Chino, CA.

Exhibit A - Elected City Officials' Travel, Training and Meeting Report 24 JULY 18, 2023 EXHIBIT A

Event Date Meeting Purpose and
Subject Matter
Location

City Official Attendees

July 11 – 13, 2023 National Association of
Latino Elected and
Appointed Officials
(NALEO) 40th Annual
Conference
New York, NY Council Member Lucio

25 MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: NATALIE GONZAGA, CITY CLERK

SUBJECT
..titl e
Designation of League of California Cities Voting Delegates. ..end

RECOMMENDATION
1) Designate Council Member Curtis Burton as the City’s Voting Delegate, Council Member Marc Lucio as the City’s 2nd Voting Delegate-Alternate, and Mayor Pro Tem Comstock as the 3rd Voting Delegate -Alternate for the 2023 League of California Cities Annual Conference in Sacramento, CA from September 20-22, 2023.
..body

FISCAL IMPACT
There is no fiscal impact associated with this action.

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:
 Positive City Image
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure:

Transfer In: Transfer Out:
26 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: DESIGNATION OF LEAGUE OF CALIFORNIA CITIES VOTING DELEGATES.

PAGE: 2

BACKGROUND
The League of California Cities (CalCities) 2023 Annual Conference and Expo is scheduled for September 20-22, 2023, in Sacramento, CA. An important aspect of the Annual Conference is the Annual Business Meeting (during the General Assembly) , which will take place on Friday, September 22, 2023. At this meeting, CalCities ’ membership considers and acts on resolutions that establish CalCities’ policy.

ISSUES/ANALYSIS
To vote at the annual business meeting, City Council action is required to designate a voting delegate. The City Council may also designate up to two alternate voting delegates to ensure the City can lend its support to resolutions that address statewide matters and augment CalCities’ policy. Per the 2023 -2024 City Council Commi ttee Assignments List, it is recommended that Council Member Burton be the primary designated Voting Delegate, Council Member Lucio as the 2 nd Voting Delegate-Alternate, and Mayor Pro Tem Comstock as the 3 rd Voting Delegate-Alternate.

Designating a voting delegate for the 2023 CalCities Annual Conference and Expo will authorize the City to vote on policy matters in the form of resolutions. Council Member Burton, or in his absence, Council Member Lucio or Mayor Pro Tem Comstock will be authorized to vote on behalf of the City on resolutions that focus on municipal issues or matters of Statewide concern.

A summary of CalCities ’ proposed resolutions will be brought to the City Council in early September after they have been published to CalCities’ website.

Attachment: 2023 CalCities Voting Delegate Form.

2023 Voting Delegate Packet
27 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
L
eague of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Ev
ery year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Tak
ing place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To ca
st a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Pl
ease complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New
this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Act
ion by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Pl
ease note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
28 Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

29 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

30 CITY: ________________________________________
202
3 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND

ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to

designate the voting delegate and alternate(s).

Na
me: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.
31 Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 32

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WES SIMMONS, CHIEF OF POLICE

SUBJECT
..titl e
Renewal of Live Entertainment Permit – The Patio Grill & Cantina. ..end

RECOMMENDATION
Approval of a renewal Live Entertainment Permit for the Patio Grill & Cantina at 13511 Central Ave, for a period of 12 months, subject to quarterly review of satisfactory compliance with terms, conditions, and restrictions of the permit.
..body

FISCAL IMPACT
There is no financial impact.

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:
 Positive City Image
 Superior Customer Service

Revenue:

Expenditure:

Transfer In: Transfer Out:
33 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: RENEWAL OF LIVE ENTERTAINMENT PERMIT - THE PATIO GRILL & CANTINA.

PAGE: 2

BACKGROUND
Jose Luis Guerrero and Blanchy Arriaza, the owners of The Patio Grill and Cantina located at 13511 Central Ave., submitted an application for a new Live Entertainment Permit. The request is for live music 3 -piece band on Tuesdays between 4:00 p.m. and 10:00 p.m. and Sundays between the hours of 4:00 p.m. and 7:00 p.m.

ISSUES/ANALYSIS
Pursuant to the Chino Municipal Code, Title 5 Business Licenses and Regulations, Chapter

5.20, Live Entertainment, 5.20.005 – 5.20.080, the Chino Police Department process ed this application, which included an administrative investigation of the applicant’s business. The investigation also included reviewing the applicati on for completeness, verifying the identity of the owner and manager and a review of calls for service at the location. The investigation did not result in any immediate disqualifying information being located with regards to the business owner.

Provided the attached conditions are agreed upon and adhered to, it is recommended that the Live Entertainment Permit be issued and granted for a period of 12 months to The Patio Grill and Cantina.

Attachment:

The Patio Grill Cantina COA
34 Chino Police Department

Terms, Conditions, and Restrictions- Live Entertainment

Applicant: The Patio Grill & Cantina
Address: 13511 Central Avenue, Chino, CA 91710
Scope of Live Entertainment: Live music on Tuesdays between the hours of 4:00 p.m. and 9:00 p.m.; Fridays and Saturdays between the hours of 4:00 p.m. and 10:00 p.m. and Sundays between the hours of 4:00 p.m. and 7:00 p.m.

1. No sound from the live entertainment to be audible beyond the premises under control of the permittee. D oors must be k ept closed during time when music is being played if entertainment takes place inside the restaurant (does not apply to entertainment taking place on exterior patio) . Should complaints arise from any area directly affected by the entertainment, the permittee shall use sound judgment to address the problem to the City’s satisfaction or cease the live entertainment.

2. The permittee must comply with State and County regulations and up -to-date San Bernardino County Department of Public Health guidelines.

3. The permittee is responsible for clean -up of all rubbish, refuse, trash and materials left behind by its patrons of the establishment at the close of business.

4. The permittee is responsible to ensure no loitering of patrons (either intended, present or past) occurs outside the permittee’s premises.

5. The permittee must provide adequate lighting on the exterior of the premises, within the guidelines of applicable codes and standards, which illuminates the area used by patrons of the establishment and whic h affords law enforcement officers easy viewing of the premises to the front and rear. The lights must remain on 30 minutes past closing.

6. This Live Entertainment permit will be reviewed quarterly from the time of issuance, monitoring all said conditions are being met.

7. The permittee must report any and all criminal activity to the Chino Police Department immediately.

8. The permittee shall have a copy of their Live Entertainment permit along with th e corresponding conditions posted in plain view in an area accessible by City officials.

9. The permittee must maintain a current and active ABC license at all times.

10. The permittee shall follow and strictly enforce any and all regulations and conditions pertaining to their current Alcoholic Beverage Control license.

35 11. This permit shall allow Live Entertainment no more than every Tuesday between the hours of 4:00 p.m. and 9:00 p.m.; Fridays and Saturdays between the hours of 4:00 p.m. and 10:00 p.m. and Sundays between the hours of 4:00 p.m. and 7:00 p.m.

12. The permittee agrees to notify the Chino Police Department and seek approval of any “Special Events” or promotions at least 30 days prior to the event.

13. The permittee agrees to limit the entertainment to a maximum of 3 persons playing family style music concurrent with full dinner service.

14. Dancing is not permitted by patrons or employees. Additionally, furniture in designated eating areas may not be reconfigured in a manner which invited patrons to dance or congregate near performers.

15. The permittee agrees not to exceed posted occupancy load.

16. No closures or traffic control in the public right of way.

17. No event signage in the public right of way.

18. Obey all traffic laws.

19. Do not block access or drive aisles into or out of any businesses.

20. No amplified music permitted.

21. Any modification to the Live Entertainment frequency shall require review and approval by City staff.

22. The permittee will specifically not allow music, narrative performances or any other form of entertainment that incites or glorifies violence or vulgar disrespect towards ethnic group, gender, sexual orientation or religious affiliation. Furthermore, the permittee will not allow any form of entertainment that promotes or glorifies street gang s, gang violence, gang membership or violence towards law enforcement.

23. This facility is prohibited from having “Adult -oriented Performers” or allowing any guests to be “Nude” or in a “state of nudity” or “Semi -nude” or in a “state of semi -nudity.” This includes the display of undergarments and the display of breasts or genitals through wet clothing.

24. The facility will be subject to inspection by designated City officials at any time food service is being provided; regardless if the event/activity is open to the public.

36 25. All said conditions are applicable to dining and entertainment open to both the public as well as private parties.

26. Any and all violations of the terms, conditions, and restrictions may result in the Chief of Police revoking this permit.

Acknowledgment of Terms, Conditions and Restrictions

I have read and agree to the Terms, Conditions, and Restrictions put forth by the Chino Police Department concerning a Live Entertainment Permit. I understand that the Terms, Conditions, and Restrictions will be effective for the duration of the Live Entertainment Permit issued by the City of Chino Business Licensing.

______________________________ ____________________________ Signature Date

______________________________
Printed Name

37 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, INTERIM DEVELOPMENT SERVICES

DIRECTOR

SUBJECT
..titl e
Measure I Five-Year Capital Project Needs Analysis for Fiscal Years 2024/2025-2028/2029. ..end

RECOMMENDATION
Adopt Resolution No. 2023 -048, approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/2025 -2028/2029; and authorize the City Manager to execute all the required documents on behalf of the City.
..body

FISCAL IMPACT
Adoption of the Measure I Five -Year Capital Project Needs Analysis (CPNA) will allow the City to acquire Measure I funds for shared development costs for certain regional projects. San Bernardino County Transportation Authority (SBTCA) staff will use the City’s CPNA su bmittal to develop a cash -flow analysis which will be the basis for allocation of Measure I funds. The allocation decision and approval of the list of projects eligible for reimbursement is approved by the SBCTA Board in conjunction with the annual budget in the Spring 2024.

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:
 Financial Stability
 Responsible Long-Range Planning

Revenue:

Expenditure:

Transfer In: Transfer Out:
38 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: MEASURE I FIVE -YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024/2025-2028/2029.

PAGE: 2

BACKGROUND
In November 1989, San Bernardino County voters approved the passage of Measure I, authorizing the San Bernardino County Transportation Authority (“SBCTA”) to impose a half - cent retail transaction and use tax applicable in the incorporated and unincorporated areas of the County of San Bernardino for a 20-year period (1990-2010).

In November 2004, a new exte nsion of Measure I was approved to extend the half -cent sales tax for 30 years (2010 -2040). The new Measure is referred to as Measure I 2010 -2040 to distinguish it from the first Measure I. The Measure I 2010 -2040 Expenditure Plan includes the Valley Major Street Program. This program provides funding for regional arterial projects that have been identified in the SBCTA Nexus Study (“Nexus Study”).

The Nexus Study provides the framework for shared development costs as well as the funding responsibility of M easure I funds towards specific regional transportation projects. Details of these funding obligations are included in the Major Street Arterial Sub-Program and Interchange Program. These projects must be included in the Nexus Study to be eligible to recei ve regional Measure I for the allocation of State or Federal Transportation funds administered by SBCTA.

Furthermore, the Measure I Strategic Plan requires local jurisdiction governing bodies to annually adopt a five -year Capital Projects Needs Analysis (“ CPNA”). This analysis documents project and program needs by fiscal year and includes the anticipated funding sources, funding amounts, and project phasing for the City’s major street projects. The CPNA is used by SBCTA to analyze the cash flow needs for t he Valley Freeway Interchange and Arterial Program and to support decisions that will be made by its Board as a part of the annual budgeting process. The CPNA and Resolution is due to SBCTA on or before September 30, 2023.

ISSUES/ANALYSIS
The CPNA serves to establish eligibility for reimbursement. Jurisdictions must be aware of its allocation balances and anticipated equitable share revenue to determine financial constraints.

The City’s current Measure I 2010 -2040 allocation balance for “prior” fiscal yea rs is approximately $18,613,913. The City sought reimbursement for a small project several years ago in the amount of $298,946; thus, bringing forward an allocation balance of $ 18,314,967 as shown below.

Allocations
FY 10/11 thru FY 23/24
Reimbursements
FY 10/11 thru FY 23/24
Allocation Balance
$18,613,913 $298,946 $18,314,967
Additionally, the total projected revenue for the upcoming five -year CPNA period from Fiscal Years 2024/2025-2028/2029 is as follows:

Fiscal Year Projected Revenue
FY 24/25 (Y1) $2,357,929
FY 25/26 (Y2) $2,423,714
FY 26/27 (Y3) $2,491,410
FY 27/28 (Y4) $2,561,071
FY 28/29 (Y5) $2,632,755
39 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: MEASURE I FIVE -YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024/2025-2028/2029.

PAGE: 3

It should be noted, the City requested a five -year advance of the Measure I funds, which was approved in the amount of $10.5 Million. This $10.5 Million may be programmed upfront in -lieu of the City requesting incremental reimbursements spanning over the f ive-year CPNA period.

Also, SBCTA offers an advanced reimbursement option to jurisdictions. The City has the option to progress invoice SBCTA throughout the course of construction for the projects listed in the proposed analysis (i.e., Pine Avenue Connector, Pine Avenue - Hellman to Euclid Avenues, and the Edison Avenue Widening). SBCTA will use the CPNA submittal to develop a cash -flow analysis. The cash -flow analysis informs SBCTA staff of the availability of program funds for loans and advances.

City staff continues to work closely with SBCTA to ensure that the City’s values and strategic goals are maintained to promote financial stability through responsible long -range planning of regional projects made possible through the City’s excellent external partnerships with SBCTA.

Therefore, it is staff’s recommendation that the City Council adopt Resolution No. 2023 -048, approving the Measure I Five -Year Capital Project Needs Analysis for Fiscal Years 2024/2025 - 2028/2029.

Attachments:

Exhibit A - Resolution 2023-048, 2025-2029 CPNA Draft
40 RESOLUTION NO. 2023-048

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, STATE OF

CALIFORNIA, ADOPTING THE MEASURE I FIVE-YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2024/2025 THROUGH 2028/2029.

WHEREAS, San Bernardino County voters approved the passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and

WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plan set forth in San Bernardino County Transportation Authority’s Ordinance No. 04-01 of the Authority; and

WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five -Year Capital Project Needs Analysis; and

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Chino hereby adopts the Measure I Five Year Capital Project Needs Analysis for Fiscal Years 2024/2025 through 2028/2029, attached to this Resolution as Exhibit A.

APPROVED AND ADOPTED THIS 18TH DAY OF JULY 2023.

EUNICE ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

41 RESOLUTION NO. 2023-048
PAGE 2 of 2

State of California )
County of San Bernardino ) ss.

City of Chino )

I, Angela Robles, City Clerk of the City of Chino, do hereby certify that the foregoing Resolution 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

Attachment: Exhibit A – CPNA report

42 Nexus Project Cost 27,948,000$
Dev. Loan No
5-Year Advance Yes
Public Share: 64.8%
Dev. Share: 35.20%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost:

Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $5,418,146.00
Fund Type: MSI Arterial $ 30,440.00 $ 786,364.00 $ - $ - $ - $ - $ - DEV FEE $ 713,146 $ 688,196 $ - $ - $ - $ - $ - DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: SAFETEA-LU $ 2,852,586 $ 347,414 $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - DEV FEE $ - $ - $ - $ - $ - $ - $ - DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $39,581,854.00
Fund Type: MSI Arterial $ - $ 12,028,292 $ 12,028,291 $ 378,382 $ - $ - $ - DEV FEE $ - $ 2,000,000 $ 2,000,000 $ 11,146,889 $ - $ - $ - OTHER $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Capital Project Needs Analysis
City of Chino
Design is 95% complete. Environmental is
substantially complete. Bidding is anticipated
in FY 2023-24. The Chino Hills portion is not
included in the City of Chino's Nexus Project
Costs.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Valley Arterial Sub-Program
Widen Pine Avenue from El Prado Road to
State Route 71 (SR-71)
Current Total Project Cost Estimate:
$45,000,000.00
Total Measure I Request:
$25,251,769.00
(Summation of Measure I)
Comments:
2025-2029 CPNA Draft - Proj 1 Pine Connector
43 Nexus Project Cost 8,546,000$
Dev. Loan No
5-Year Advance No
Public Share: 64.8%
Dev. Share: 35.20%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $2,000,000.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: ROPs $ 2,000,000.00 $ - $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - - Select Fund - $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $10,405,140.00
Fund Type: MSI Arterial $ - $ - $ 2,000,000.00 $ - $ - $ - $ - DEV FEE $ - $ - $ 1,974,140.00 $ - $ - $ - $ - OTHER $ - $ - $ - $ - $ - $ - $ - Other: ROPs $ 3,923,360.00 $ 2,507,640.00 $ - $ - $ - $ - $ - Capital Project Needs Analysis
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Comments:

This project is in active construction and is
anticpated to be completed in August 2023.

City of Chino
Valley Arterial Sub-Program
Widen Edison Avenue - Central Avenue
to Euclid Avenue from 4 to 6 lanes
Current Total Project Cost Estimate:
$12,407,140.00
Total Measure I Request:
$2,000,000.00
(Summation of Measure I)
2025-2029 CPNA Draft - Proj Edison West
44 Nexus Project Cost 7,355,000$
Dev. Loan No
5-Year Advance No
Public Share: 64.8%
Dev. Share: 35.20%
Project Information Phase Funding PRIOR* FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FUTURE PA&ED
Total Cost:

Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - - DEV FEE $ - $ - $ - $ - $ - $ - $ - - DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - PS&E
Total Cost: $3,340,995.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -$ DEV FEE $ 3,340,995 $ - $ - $ - $ - $ - $ - 3,340,995$ DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: SAFETEA-LU $ - $ - $ - $ - $ - ROW
Total Cost: $0.00
Fund Type: MSI Arterial $ - $ - $ - $ - $ - $ - $ - -$ DEV FEE $ - $ - $ - $ - $ - $ - $ - -$ DEV LOAN $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - CONST
Total Cost: $41,959,005.00
Fund Type: MSI Arterial $ - $ - $ - $ 3,530,077 $ - $ - $ - 3,530,077$ DEV FEE $ 7,508,334 $ 11,500,000 $ 11,500,000 $ 7,920,594 $ - $ - $ - 38,428,928$ OTHER $ - $ - $ - $ - $ - $ - $ - Other: $ - $ - $ - $ - $ - $ - $ - Reference: Measure I Policies 40005 and 40006
$45,300,000.00
Capital Project Needs Analysis
City of Chino
Valley Arterial Sub-Program
Widen Pine Avenue from Hellman Avenue to
Euclid Avenue from 2 to 6 lanes
Current Total Project Cost Estimate:

Comments:

Portions of the Pine Avenue improvements are
complete. The completed work (to date) was
performed by the City's master developer in
The Preserve. The costs associated with the
completed work have not been reconciled.

Also, the City is taking the lead on Pine Avenue
between Johnson and Euclid Avenues and the
intersection at Euclid and Pine Avenues. The
City is close to finalizing the design.
*Prior should identify any expenses incurred in prior years that have not yet been reimbursed by SBCTA including anticipated FY 2023/2024 expenses.

Total Measure I Request:
$3,530,077.00
(Summation of Measure I)
45 Program Jurisdiction Public
Share Project Name Dev
Loan
5-Yr
Advance
NEXUS
Project Cost
Current Cost
Estimate
MI
Prior
MI
FY 24/25
MI
FY 25/26
MI
FY 26/27
MI
FY 27/28
MI
FY 28/29
MSI
Future
MI
Total
Proj 1 Valley Arterial Sub-Program City of Chino 64.8%
Widen Pine Avenue from El Prado Road to
State Route 71 (SR-71) No Yes 27,948,000$ 45,000,000$ 30,440$ 12,814,656$ 12,028,291$ 378,382$ -$ -$ -$ 25,251,769$ Proj 2 Valley Arterial Sub-Program City of Chino 64.8%
Widen Edison Avenue - Central Avenue to
Euclid Avenue from 4 to 6 lanes No No 8,546,000$ 12,407,140$ -$ -$ 2,000,000$ -$ -$ -$ -$ 2,000,000$ Valley Arterial Sub-Program City of Chino 64.8%
Widen Pine Avenue from Hellman Avenue to
Euclid Avenue from 2 to 6 lanes No No 7,355,000$ 45,300,000$ -$ 3,530,077$ -$ -$ -$ -$ -$ 3,530,077$ 30,781,846$
46 FAPD MI MAJ ST unlock is cpna
Developer Share Vlookup Sort
AgencyList DeveloperShareList PhaseList FundList ProjectProgramList MSIFund AgencyList DeveloperShareList DevLoan/5YrAdv - Select Jurisdiction - - Select Phase - - Select Fund - - Select Project Program - AutoFill - Select Jurisdiction - 0.0% -Select Yes/No- City of Adelanto 63.5% PSR CMAQ Valley Arterial Sub-Program MSI Arterial City of Adelanto 63.5% Yes Town of Apple Valley 55.0% PA&ED DEMO Valley Freeway Interchange Program MSI InterchangeCity of Chino 35.2% No City of Chino 35.2% PS&E DEV FEE Victor Valley Major Local Highway Program MSI MLHP City of Chino Hills 13.7% City of Chino Hills 13.7% ROW DEV LOAN City of Colton 43.6% City of Colton 43.6% CONST HBP City of Fontana 32.1%
City of Fontana 32.1% LPP City of Grand Terrace 39.9%
City of Grand Terrace 39.9% MI LOCAL ST City of Hesperia 58.9% City of Hesperia 58.9% MI VFI City of Highland 46.4%
City of Highland 46.4% OTHER City of Loma Linda 38.8%
City of Loma Linda 38.8% PUC City of Montclair 18.9%
City of Montclair 18.9% PROP 1B City of Ontario 44.4%
City of Ontario 44.4% RIV COUN City of Rancho Cucamonga 28.7% City of Rancho Cucamonga 28.7% RXR City of Redlands 23.1% City of Redlands 23.1% STP City of Rialto 40.9%
City of Rialto 40.9% STIP City of San Bernardino 32.4%
City of San Bernardino 32.4% TCRP City of Upland 48.3%
City of Upland 48.3% City of Yucaipa 30.9%
City of Yucaipa 30.9% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Adelanto Sphere 63.0% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Apple Valley Sphere 57.2% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Chino Sphere 36.7% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Colton Sphere 37.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Devore/Glen Helen Sphere 62.2% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Fontana Sphere 41.7% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Hesperia Sphere 41.5% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Loma Linda Sphere 72.3% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Montclair Sphere 36.6% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Sphere 35.5% San Bernardino County - Redlands Donut Hole 62.0% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - Rialto Sphere 37.6% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - San Bernardino Sphere 23.1% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Upland Sphere 38.7% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Victorville Sphere 17.8% San Bernardino County - Yucaipa Sphere 39.5% San Bernardino County - Yucaipa Sphere 39.5% Town of Apple Valley 55.0% 47 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, INTERIM DIRECTOR OF DEVELOPMENT

SERVICES

SUBJECT
..titl e
Adoption of Ordinance Nos. 2023 -005 and 2023 -015, Ramona Francis Annexation (Second Reading)
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 2023-005 on second reading, amending selected provisions of the Zoning Code; and approve the adoption of Ordinance No. 2023-015 on second reading, prezoning approximately 145 acres of land to be annexed into the City. ..body

FISCAL IMPACT
There is no fiscal impact.

Revenue: Click or tap here to enter text.

Expenditure:

Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text. 48 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ADOPTION OF ORDINANCE NOS. 2023 -005 AND 2023-015, RAMONA FRANCIS

ANNEXATION (SECOND READING)
PAGE: 2

BACKGROUND
This matter was introduced on first reading by the City Council at their July 5, 2023 meeting.

Ordinance No. 2023-005 consists of amending selected provisions of the Zoning Code pertaining to nonconforming uses, structures and parcels, and Ordinance No. 2023-015 consists of a prezoning of approximately 145 acres of land to be annexed into the City, ensuring responsible long-range planning.

Once adopted on second reading, the ordinances will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
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, STRUCTURES AND PARCELS) OF THE CITY OF CHINO. PL23-0015 (ZONE ORDINANCE AMENDMENT).

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 CONN ECTION WITH (PREZONE/ANNEXATION PL23 -0014) AND AMENDING ORDINANCE NO. 2010-06.

Attachments:

Ord 2023-005 Annexation ZOA, Ord 2023-015, Ord 2023-015 EXHIBITS 49 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 50 ORDINANCE NO. 2023-005

Page 2 of 4 ends

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.

51 ORDINANCE NO. 2023-005

Page 3 of 4 ends

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 19TH DAY OF JULY 2023.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK
52 ORDINANCE NO. 2023-005

Page 4 of 4 ends

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 19th day of July 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
53 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 within 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 questions 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 consistent 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 o f 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). Upon annexation to the City of Chino, the zoning 54 ORDINANCE NO. 2023-015

Page 2 of 4 ends

designations of RD2 (Residential/Agricultural), RD4.5 (Re sidential, 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 cre ate 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; 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 surrounding 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 p hysically 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 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

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

WHEREAS, an Addendum to City of Chino General Plan EIR for the Annexation/Prezone and General Plan Amendment for the Ramona Francis Annexation, 55 ORDINANCE NO. 2023-015

Page 3 of 4 ends

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 d oes not constitute significant new information or change the assumptions, analysis, conclusions, or mitigation measures of 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 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 Ordinance. The City Council of the City of Chino declares that the y 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 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 said City in accordance with the provisions of the Government Code
56 ORDINANCE NO. 2023-015

Page 4 of 4 ends

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
57 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
58 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 59 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 60 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
61 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
62 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
63 MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: JULY 18, 2023

TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, INTERIM DIRECTOR OF DEVELOPMENT SERVICES

SUBJECT
..titl e
Adoption of Ordinance No. 2023 -014 pertaining to the Yorba Villas Pre -Annexation and Development Agreement (Second Reading).
..end

RECOMMENDATION
Approve the adoption of Ordinance No. 2023 -014 on second reading, approving the Yorba Villas Pre-Annexation and Development Agreement.
..body

FISCAL IMPACT
There is no fiscal impact.

Revenue:

Expenditure:

Transfer In: Transfer Out:
64 CITY COUNCIL MEETING DATE: JULY 18, 2023
SUBJECT: ADOPTION OF ORDINANCE NO. 2023 -014 PERTAINING TO THE YORBA VILLAS PRE-ANNEXATION AND DEVELOPMENT AGREEMENT (SECOND READING).

PAGE: 2

BACKGROUND
This matter was introduced on first reading by the Council at their July 5, 2023 meeting. The agreement provides terms of the annexation negotiated between the landowner (Yorba Villas, LLC) and the City and is consistent with the City’s General Plan , thereby furthering responsible long-range planning.

Once adopted on second reading, the ordinance will go into effect thirty (30) days thereafter.

ISSUES/ANALYSIS
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.

Ordinance 2023-014 - Yorba Villas Pre-Annexation Agreement 65 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 13.35 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 A UTHORIZATION.

W
HEREAS, 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”);
W
HEREAS, 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;
W
HEREAS, 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; W
HEREAS, 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; W
HEREAS, the City Council held a duly noticed public hearing regarding this 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;
W
HEREAS, 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:
66 Ordinance No. 2023-014

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01225.0005/901296.1
(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 City 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.

W
HEREAS, 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; W
HEREAS, pursuant to Government Code Section 56133, 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
W
HEREAS, 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.

W, 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 Municipal Code as Section 20.23. 070 of Title 20, including, but not limited to, the following specific reasons required by Subsection G therein:
• The A
greement 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 Agreement and to ensure that its provisions are consistent with the General Plan.

Section 2. The Agreement and Ordinance No. 2023- 14 confirms that Owne r’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.
67 Ordinance No. 2023-014

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01225.0005/901296.1
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 Residential 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 hereby made an enforceable condition of Project approval.

Section 3. Based on the above findings, the 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 portions 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 of 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.

APPR
OVED AND ADOPTED THIS 18TH DAY OF JULY 2023.

By :

E UNICE M. ULLOA, MAYOR
68 Ordinance No. 2023-014

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01225.0005/901296.1
ATT
EST:

NATALIE GONZAGA, CITY CLERK
St
ate of California )
County of San Bernardino ) ss
City of Chino )
I, N
atalie 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:

NOE
S: COUNCIL MEMBERS:

ABSENT
: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
At
tachments: 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 69 F

REE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

Cit
y 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 eff ective 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, Califor nia, commonly referred to as 4570 and 4664 Francis Avenue, Chino (“Property”), which consists of approximately 13.35 acres and is described in Exhibit A;
WHEREAS, t he Property i s w ithin the jurisdiction of t he 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 Tr act 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 ar ea included in City’s p lanned Ramona Francis A nnexation pro cess 01225.0005/845570.13
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)
70 01225.0005/845570.13 2

(“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 71 01225.0005/845570.13 3

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 72 01225.0005/845570.13 4

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 73 01225.0005/845570.13 5

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 74 01225.0005/845570.13 6

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 75 01225.0005/845570.13 7

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 76 01225.0005/845570.13 8

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.
77 01225.0005/845570.13 9

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 78 01225.0005/845570.13 10

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 79 01225.0005/845570.13 11

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.
80 01225.0005/845570.13 12

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]
81 01225.0005/845570.13 13

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

82 01225.0005/845570.13

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.
83 01225.0005/845570.13

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:

85 01225.0005/845570.13
Exhibit B
Vesting Tentative Map No. 20394
86 87

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 88 PROJ-2021-00008/PPA/ZC/PD/Yorba Villas Planned Development PAGE 2 of 2

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 90

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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

review and approval.

8. Construction Hours: Construction will be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday throug h Saturday in accordance with the County of San Bernardino Development Code standards. No construction activities are permitted outside of these hours or on Sundays and Federal holidays.

9. Cultural Resources: During grading or excavation operations, should any potential paleontological or archaeological artifacts be unearthed or otherwise discovered, the San Bernardino County Museum shall be notified, and the uncovered items shall be preserved and curated, as required. For information, contact the County Museum, Community and Cultural Section, telephone (909) 798-8570.

10. Extension of Time: Extensions of time to the expiration date (listed above or as otherwise extended) may be granted in increments each not to exceed an additional three years beyond the current expiration date. An application to request consideration of an extension of time may be filed with the appropriate fees no less than thirty days before the expiration date. Extensions of time may be grant ed based on a review of the application, which includes a justification of the delay in construction and a plan of action for completion. The granting of such an extension request is a discretionary action that may be subject to additional or revised conditions of approval or site plan modifications. (SBCC §86.06.060)

11. Lighting: Lighting shall comply with Table 83-7 “Shielding Requirements for Outdoor Lighting in the Mountain Region and Desert Region” of the County’s Development Code (i.e., “Dark Sky” requirements). All lighting shall be limited to that necessary for maintenance activities and security purposes. This is to allow minimum obstruction of night sky remote area views. No light shall project onto adjacent roadways in a manner that interferes with on -coming traffic.

All signs proposed by this project shall only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or in the case of an approved electronic message center sign, a n alternating message no more than once every five seconds.

12. Underground Utilities : No new above -ground power or communication lines shall be extended to the site. All required utilities shall be placed underground in a manner that complies with the Califo rnia Public Utilities Commission General Order 128 and avoids disturbing any existing/natural vegetation or the site appearance.

13. Performance Standards: The approved land uses shall operate in compliance with the general performance standards listed in the County Development Code Chapter 83.01, regarding air quality, electrical disturbance, fire hazards (storage of flammable or other hazardous materials), heat, noise, vibration, and the disposal of liquid waste.

14. Construction Noise: The following measures shall be adhered to during the construction phase of the project: - All construction equipment shall be muffled in accordance with manufacturer’s specifications. - All construction staging shall be performed as far as possible from occupied dwellings. The location of staging areas shall be subject to review and approval by the County prior to the issuance of grading and/or building permits. - All stationary construction equipment shall be placed in a manner so that emitted noise is directed away fr om sensitive receptors ( e.g., residences and schools) nearest the project site.

15. Project Account : The Project account number is PROJ -2020-00066. This is an actual cost project with a deposit account to which hourly charges are assessed by various county ag ency staff (e.g., Land Use Services, Public Works, and County Counsel). Upon notice, the “developer” shall deposit additional funds to maintain or return the account to a positive balance. The “developer” is responsible for all expense charged to this account. Processing of the project shall cease, if it is determined that the account has a negative balance and that an additional deposit has not been made in a timely manner. A minimum balance of $1,000.00 must be in the project account at the time the Condition Compliance Review is initiated. Sufficient funds must remain in the account to cover the charges during each compliance review. All fees required for processing shall be paid in full prior to final inspection, occupancy and 91

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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

operation of the approved use.

16. Continuous Maintenance. The Project property owner shall continually maintain the property so that it is visually attractive and not dangerous to the health, safety and general welfare of both on- site users ( e.g., employees) and surrounding properties. The property owner shall ensure that all facets of the development are regularly inspected, maintained and that any defects are timely repaired. Among the elements to be maintained, include but are not limited to:
a) Annual maintenance and repair: The Home Owners Association shall conduct inspections for any fencing/walls, driveways, and signs to assure proper structural, electrical, and mechanical safety. b) Graffiti and debris: The Home Owners Association shall remove graffiti and debris immediately through weekly maintenance.
c) Landscaping: The Home Owners Association shall maintain landscaping in a continual healthy thriving manner at proper height for required screening. Drought -resistant, fire-retardant vegetation shall be used where practicable. Where landscaped areas are irrigated it shall be done in a manner designed to conserve water, minimizing aerial spraying.
d) Dust control: The Home Owners Association shall maintain dust control measures on any undeveloped ar eas where landscaping has not been provided.
e) Erosion control: The developer shall maintain erosion control measures to reduce water runoff, siltation, and promote slope stability.
f) Signage: The developer shall maintain all on-site signs, including posted area signs (e.g., “No Trespassing”) in a clean readable condition at all times. The developer shall remove all graffiti and repair vandalism on a regular basis. Signs on the site shall be of the size and general location as shown on the approved site plan o r subsequently a County-approved sign plan.
g) Lighting: The Home Owners Association shall maintain any lighting so that they operate properly for safety purposes and do not project onto adjoining properties or roadways. Lighting shall adhere to applicable glare and night light rules.
h) Fire Lanes: The Home Owners Association shall clearly define and maintain in good condition at all times all markings required by the Fire Department, including “No Parking" designations and “Fire Lane” designations. i) Parking and on-site circulation: The developer shall maintain all parking and on-site circulation requirements, including surfaces, all markings and traffic/directional signs in an un -faded condition as identified on the approved site plan. Any modification to park ing and access layout requires the Planning Division review and approval. The markings and signs shall be clearly defined, un-faded and legible; these include parking spaces, disabled space and access path of travel, directional designations and signs, sto p signs, pedestrian crossing, speed humps and “No Parking”, “Carpool”, and “Fire Lane” designations.

17. Expiration: This project permit approval shall expire and become void if it is not “exercised” within three (3) years of the effective date of this approval unless an extension of time is approved. The permit is deemed “exercised” when either: (a.) The permittee has commenced actual construction or alteration under a validly issued building permit, or (b.) The permittee has substantially commenced the approved land use or activity on the project site, for those portions of the project not requiring a building permit. (SBCC §86.06.060) (c.) Occupancy of approved land use, occupancy of completed structures and operation of the approved and exercised land use remains valid continuously for the life of the project and the approval runs with the land, unless one of the following occurs: - Construction permits for all or part of the project are not issued, or the construction permits expire before the structure is completed and the final inspection is approved. - The land use is determined by the County to be abandoned or non- conforming. - The land use is determined by the County to be not operating in compliance with these conditions of approval, the County Code, or other applicable laws, ordinances or regulations. In these cases, the land use may be subject to a revocation hearing and possible termination. PLEASE NOTE: This will be the ONLY notice given of this approval’s expiration date. The developer is responsible to initiate any Extension of Time application. 92

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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

County Fire - Community Safety

18. Fire AHJ: San Bernardino County Fire is not the Authority Having Jurisdiction (AHJ) for this property. Please contact:

Chino Valley Fire District 14011 City Center Drive Chino Hills ,CA 91709 Ph: 909- 902- 5260 Land Use Services - Land Development - Drainage

19. Tributary Drainage: Adequate provisions should be made to intercept and conduct the tributary off -site and on-site drainage flows around and through the site in a manner, which wil l not adversely affect adjacent or downstream properties at the time the site is developed.

20. Erosion Control Installation: Erosion control devices must be installed and maintained at all perimeter openings and slopes throughout the construction of the project. No sediment is to leave the job site.

21. Additional Drainage Requirements: In addition to drainage requirements stated herein, other "on -site" and/or "off- site" improvements may be required which cannot be determined from tentative plans at this tim e and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

22. BMP Enforcement : In the event the property owner/“developer” (including any successors or assigns) fails to accomplish the necessary BMP maintenance within five (5) days of being given written notice by County Public Works, then the County shall cause any required maintenance to be done. The entire cost and expense of the required maintenance shall be charged to the property owner and/or “ developer”, including administrative costs, attorney’s fees and interest thereon at the rate authorized by the County Code from the date of the original notice to the date the expense is paid in full.

23. Natural Drainage: The natural drainage courses traversing the site shall not be occupied or obstructed.

24. Continuous BMP Maintenance : The property owner/“developer” is required to provide periodic and continuous maintenance of all Best Management Practices (BMP) devices/facilities listed in the County a pproved Water Quality Management Plan (WQMP) for the project. Refer to approved WQMP maintenance section.

Public Health– Environmental Health Services

25. Refuse Storage and Disposal: All refuse generated at the premises shall at all times be stored in approved containers and shall be placed in a manner so that environmental public health nuisances are minimized. All refuse not containing garbage shall be removed from the premises at least 1 time per week, or as often as necessary to minimize public health nuisances. Refuse containing garbage shall be removed from the premises at least 2 times per week, or as often if necessary to minimize public health nuisances, by a permitted hauler to an approved solid waste facility in conformance with San Bernardino County Code Chapter 8, Section 33.0830 et. seq. For information, please call EHS/LEA at: 1-800-442- 2283.

26. Noise Levels: Noise level shall be maintained at or below County Standards, Development Code Section 83.01.080.

For information, please call EHS at 1-800-442-2283.

Department of Public Works – Surveyors Office

27. Parcel Map: A Parcel Map is required in compliance with the Subdivision Map Act and the San Bernardino County Development Code.

28. Easements: Easements within the reminder portion of the map are to be dedicated by separate document.

29. Non-interference Letter: Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

30. Easement of Record: Easements of record not shown on the tentative map shall be relinquished or relocated. Lots 93

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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

affected by proposed easements or easement of record, which cannot b e relinquished or relocated, shall be redesigned.

31. Parcel Map Review: Review of the Parcel Map by our office is based on actual cost and requires an initial $3000.00 deposit. Prior to recordation of the map all fees due to our office for the project shall be paid in full.

32. Title Report: A current Title Report prepared for subdivision purposes is required at the time the map is submitted to our office for review.

33. Land Survey Monuments: If any activity on this project will disturb any land survey monument ation, including but not limited to vertical control points (benchmarks), said monumentation shall be located and referenced by or under the direction of a licensed land surveyor or registered civil engineer authorized to practice land surveying prior to commencement of any activity with the potential to disturb said monumentation, and a corner record or record of survey of the references shall be filed with the County Surveyor pursuant to Section 8771(b) Business and Professions Code.

34. Record of Survey: Pursuant to Sections 8762(b) and/or 8773 of the Business and Professions Code, a Record of Survey or Corner Record shall be filed under any of the following circumstances:
a. Monuments set to mark property lines or corners;
b. Performance of a field survey to establish property boundary lines for the purposes of construction staking, establishing setback lines, writing legal descriptions, or for boundary establishment/mapping of the subject parcel; c. Any other applicable circumstances pursuant to the Business and Professions Code that would necessitate filing of a Record of Survey.

Prior to Land Disturbance / Recordation
Land Use Services - Building and Safety

35. Geotechnical (Soil) Report Required Before Grading: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to recordation of the parcel map.

36. Demolition Permit Required Before Grading: Obtain a demolition permit for any building/s or structures to be demolished. Underground structures must be broken in, backfilled and inspected before covering.

37. Composite Development Plan (CDP) Note Requirements: The following Composite Development Plan (CDP) Requirements shall be placed on the CDP submitted as a requirement for Recordation of the final map. Wall Plans:

Submit plans and obtain separate permits for any required retaining walls. Geotechnical (Soil) Report: A geotechnical (soil) report shall be submitted to the Building and Safety Division for review and approval prior to issuance of grading and/or building permits. Construction Plans: Any building, sign, or structure to be constructed or located on site, will require professionally prepared plans based on the most current County and California Building Codes, submitted for review and approval by the Building and Safety Division.

Land Use Services - Land Development - Drainage

38. WQMP: A completed Water Quality Management Plan (WQMP) shall be submitted for review and approval obtained. A $2,650 deposit for WQMP review will be collected upon submittal to the Land Development Division.

Deposit amounts are subject to change in accordance with the latest approved fee schedule. The report shall adhere to the current requirements established by the Santa Ana/Mojave Watershed Region. Copies of the WQMP guidance and template can be found at: http://cms.sbcounty.gov/dpw/Land/WQMPTemplatesandForms.aspx)

39. WQMP Inspection Fee: The developer shall provide a $3,600 deposit to Land Development Division for inspection of the approved WQMP. Deposit amounts are subject to change in accordance with the latest approved fee schedule. 94

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40. On-site Flows: On-site flows need to be directed to the nearest County maintained road or drainage facilities unless a drainage acceptance letter is secured from the adjacent property owners and provided to Land Development.

41. Drainage Improvements: A Registered Civil Engineer (RCE) shall investigate and design adequate drainage improvements to intercept and conduct the off -site and on-site 100-year drainage flows around and through the site in a safety manner that will not adversely affect adjacent or downstream properties. Submit drainage study for review and obtain approval. A $750 deposit for drainage study review will be collected upon submittal to the Land Development Division. Deposit amounts are subject to change in accordance with the latest approved fee schedule.

42. Road Dedication/Improvements: The developer shall submit for review and obtain approval from the Land Use Services Department the following dedications and plans for the listed required improvements designed by a Registered Civil Engineer (RCE) licensed in the State of California:

Francis Avenue (Secondary Highway – 88 feet):
• Road Dedication. A 35-foot grant of easement is required at the intersection of Francis Avenue and Yorba Avenue • Street Improvements. Design curb and gutter with match up paving 32 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “C”. Curb Returns and Sidewalk Ramps. Curb r eturns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.

Yorba Avenue (Collector – 66 feet):
• Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way. Street A, Street C (Private Road – 60 feet) • Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. •Sidewalks. Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per Coun ty Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130. • Cul-de-sac Design. The proposed cul -de-sac shall be designed to County Standard 120. Street B (Private Road – 60 feet):
• Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “B”. • Curb Returns and Sidewalk Ramps . Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.

43. Construction Permits: Prior to installation of road and drainage improvements, a construction permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387-1863 as well as other agencies prior to work within their jurisdiction. Submittal shall include a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design. 95

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44. Maintenance Bond : Once all required public road, drainage, WQMP, and/or utility improvements have been constructed and approved, then a maintenance bond for a period of one year shall be required to insure satisfactory condition of all improvements. Submit necessary fees, per the latest fee schedule, for new securities.

45. Improvement Securities: Any required public road, drainage, WQMP, and/or utility improvements for subdivisions shall be bonded in accordance with County Development code unless constructed and approved prior to recordation. All necessary fees shall be provided in accordance with the latest fee schedule.

46. CMRS Exclusion: Road improvements required for this development will not be entered into the County Maintained Road System (CMRS).

47. Road Standards and Design: All required street improvements shall comply with latest San Bernardino County Road Planning and Design Standards and the San Bernardino County Standard Plans. Road sections shall be designe d to Valley Road Standards of San Bernardino County and to the policies and requirements of the County Department of Public Works and in accordance with the General Plan, Circulation Element.

48. Project Specific Conditions: All required on-site, and off-site improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. Completion of road and drainage improvements does not imply acceptance for maintenance by the County.

49. Private Roads/Improvements: Prior to occupancy, construction of private roads and private road related drainage improvements shall be inspected and certified by the engineer. Certification shall be submitted to Land Development by the engineer identifying all supporting engineering criteria.

50. Street Gradients: Road profile grades shall not be less than 0.5% unless the engineer at the time of submittal of the improvement plans provides justification to the satisfaction of the County Department of Public Works confirming the adequacy of the grade.

51. Transitional Improvements: Right-of-way and improvements (including off-site) to transition traffic and drainage flows from proposed to existing sections shall be required as necessary.

52. Street Type Entrance: Street type entrance(s) with curb returns shall be constructed at the entrance(s) to the development.

53. Project Specific Conditions: Structural Section Testing. Prior to occupancy, a thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer shall be submitted to the County Department of Public Works.

Land Use Services - Planning

54. Diesel Regulations: The operator shall comply with all existing and future California Air Resources Board and South Coast Air Quality Management District regulations related to diesel-fueled trucks, which among others may include:
a) meeting more stringent emission standards;
b) retrofitting existing engines with particulate traps; c) use of low sulfur fuel; and
d) use of alternative fuels or equipment. South Coast Air Quality Management District rules for diesel emissions from equipment and trucks are embedded in the compliance for all diesel fueled engines, trucks, and equipment with the statewide California Air Resources Board Diesel Reduction Plan. These measures will be implemented by the California Air Resources Board in phases with new rules imposed on existing a nd new diesel-fueled engines.

55. Air Quality: Although the Project does not exceed South Coast Air Quality Management District thresholds, the Project proponent is required to comply with all applicable rules and regulations as the Project is in non- attainment status for ozone and suspended particulates [PM10 and PM2.5 (State)]. To limit dust production, the Project proponent must comply with Rules 402 nuisance and 403 fugitive dust, which require the implementation of Best 96

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Conditions of Approval

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Available Control Measures for eac h fugitive dust source. This would include, but not be limited to, the following Best Available Control Measures. Compliance with Rules 402 and 403 are mandatory requirements and thus not considered mitigation measures:
a. The Project proponent shall ensure that any portion of the site to be graded shall be pre-watered prior to the onset of grading activities.

1. The Project proponent shall ensure that watering of the site or other soil stabilization method shall be employed on an on-going basis after the initiation of any grading. Portions of the site that are actively being graded shall be watered to ensure that a crust is formed on the ground surface, and shall be watered at the end of each workday.

2. The Project proponent shall ensure that all disturbed areas are treated to prevent erosion.

3. The Project proponent shall ensure that all grading activities are suspended when winds exceed 25 miles per hour.
b. Exhaust emissions from vehicles and equipment and fugitive dust generated by equipment traveling over exposed surfaces, will increase NOX and PM10 levels in the area. Although the Project will not exceed South Coast Air Quality Management District thresholds during operations, the Project proponent will be required to implement the following requirements:

1. All equipment used for grading and construction must be tuned and maintained to the manufacturer's specification to maximize efficient burning of vehicle fuel.

2. The operator shall maintain and effectively utilize and schedule on-site equipment and on-site and off-site haul trucks in order to minimize exhaust emissions from truck idling.

56. MM CUL-1: Archaeological Resources: Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on -call services in the event archeological resources are discovered. The archeologist shall be present at the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discovery shall cease and the County shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County and the Gabrieleño Band of Mission Indians Kizh -Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in consultation with the County and the Gabrieleño Band of Mission Indians Kizh-Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall b e prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall have a repository agreement in hand prior t o initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.

57. MM BIO -1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which is March 15 through August 31 for songbirds and J anuary 1 through August 31 for raptors.

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migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre -construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre - construction survey shall be performed no more than three days prior to the commencement of construction activities.

The results of the pre-construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an addit ional survey shall be conducted. If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements.

If the qualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. T he biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.

58. MM HAZ-1: Prior to issuance of a grading permit, a Site Management Plan (SMP) shall be prepared by a qualified hazardous materials consultant and shall detail procedures and protocols for excavation and disposal of onsite hazardous materials, including:
• A certified hazardous waste hauler shall remove all potentially hazardous soils. Excavation of contaminated soils shall be to the depth of approximately 5 feet below the existing ground surface in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016). In addition, sampling of soil shall be conducted during excavation in the southern and western portions of the site, in areas identified in the Phase I and Phase II Environmental Site Assessment (Tetra Tech 2016), to ensu re residential Regional Screening Levels are not exceeded. Excavated materials shall be transported per California Hazardous Waste Regulations to a landfill permitted by the state to accept hazardous materials.
• Any subsurface materials exposed during construction activities that appear suspect of contamination, either from visual staining or suspect odors, shall require immediate cessation of excavation activities. Soils suspected of contamination shall be segregated from other soils to be tested for poten tial contamination. If contamination is found to be present per Environmental Screening Levels (ESLs), any further proposed groundbreaking activities within areas of identified or suspected contamination shall be conducted according to California Hazardous Waste Regulations.
• A Health and Safety Plan (HSP) shall be prepared for each contractor that addresses potential safety and health hazards and includes the requirements and procedures for employee protection. The HSP shall also outline proper soil handling procedures and health and safety requirements to minimize worker and public exposure to hazardous materials during construction.
• All SMP measures shall be printed on the construction documents, contracts, and Project plans prior to issuance of grading permits.

59. PPP HYD-1: National Pollutant Discharge Elimination System (NPDES). Projects will be constructed in accordance with the NPD ES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No. CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.

60. PPP HYD-2: Santa Ana RWQCB MS4 Permit. Projects will be con structed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 2010 (Order No. R8- 2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a 98

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Conditions of Approval

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WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges
• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments

61. Mitigation Measure TCR-1: Prior to commencement of any excavation activities, or the issuance of a grading permit and/or action that would permit site disturbance (whichever occurs first), the Project developer/applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, and retain a Native American Monitor from the Gabrieleño Band of Mission Indians Kizh-Nation to:
• Provide on-call services to address unanticipated prehistoric or tribal resources. The Native American Monitor shall be present at the pre-grading conference to establish procedures for tribal cultural resource surveillance. • Conduct a Native American Indian Sensitivity Training for construction personnel. The training session shall include a handout and focus o n how to identify Native American resources encountered during earthmoving activities and the procedures followed if resources are discovered, the duties of the Native American Monitor of Gabrieleño Ancestry, and the general steps the Monitor would follow in conducting a salvage investigation. • Monitor all Project -related, ground-disturbing construction activities (e.g., pavement removal, auguring, boring, grading, excavation, potholing, trenching, and grubbing) of previously undisturbed native soils. The Native American Monitor(s) shall be present on -site during the construction phases that involve ground disturbing previously undisturbed native soils and shall complete monitoring logs on a daily basis. The logs shall provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. The on-site monitoring shall end when the Project site grading and excavation activities of previously undisturbed native soils are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for tribal cultural resources. (**HAZWOPER certification is needed only if the site has hazardous concerns related to Mitigation Measure HAZ-1). • Consult on unanticipated discovery of human remains and associated funerary objects: o Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. If funerary objects are discovered during grading or archeological excavations, the y shall be treated in the same manner as bone fragments that remain intact and the construction contractor and/or qualified archeologist shall consult with the Gabrieleno Band of Mission Indians – Kizh Nation (Tribe). o As specified by California Health and Safety Code Section 7050.5, if human remains are found on the Project site during construction or during archaeological work, the County Coroner’s office shall be immediately notified and no further excavation or disturbance of the discovery or any nearby area reasonably suspected to overlie adjacent remains shall occur until the Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code 5097.98 The Coroner would determine within two working days of being notifie d, if the remains are subject to his or her authority. If the Coroner recognizes the remains to be Native American, he or she shall contact the Native American Heritage Commission (NAHC) within 24 hours. The NAHC would make a determination as to the Most Likely Descendent. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard shall be posted outside of working hours. If the remains are Native American, the Tribe shall make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed 99

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and the Project applicant/developer shall arrange a designated site location within the footprint of the project for the respectful reburial of th e human remains and/or ceremonial objects, if possible. The Tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation s hall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the Tribe for data recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes 4 or more burials, the location is considered a cemetery and a separate treatment plan shall be created. The Project applicant/developer shall consult with the Tribe regarding av oidance of all cemetery sites. Once complete, a final report of all activities shall be submitted to the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive diagnostics on human remains. o Each occurrence of human rema ins and associated funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location mitigated between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

62. MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance:

A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation (“Tribes”). The monitor shall be retained prior to the commencement of any “ground -disturbing activity” for the subject Project, at all Project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). “Ground -disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services on a rotating basis.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR -1, to the County Planning Department (?) prior to the earlier of the commencement of any ground -disturbing activity for the project, or t he issuance of any permit necessary to commence a ground-disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground -disturbing activity so that th e Tribe has sufficient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre-construction sensitivity/educational meeting prior to the commencement of any ground-disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staff members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of significance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notified of and allowed to attend the pre-grading meeting with the County and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the affected area.

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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

related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written confirmation from a designated Project point of contact to the Tribe representatives that all ground-disturbing activities and all phases that may involve ground -disturbing activities on the project site and at any off -site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any off-site project location possesses the potential to impact TCRs.

G. Any and all archaeological or cultural documents created as a part of the Project (isolate records, site records, survey reports, testing reports, etc.) shall be supplied to the Project Applicant/Developer and the County Planning Department for dissemination to the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation. The County Planning Department and/or Project Applicant/Developer shall, in good faith, consult with both Tribes until all ground disturbing activities of the Project are completed.

Public Health– Environmental Health Services

63. Vector Control Requirement: The project area has a high probability of containing vectors. EHS Vector Control Section will determine the need for vector survey and any required control programs. A vector clearance letter shall be submitted to EHS/Land Use. For information, contact Vector Control at (800) 442-2283.

Department of Public Works – Surveyors Office

64. Tentative and Final Map. A Tentative and Final Map is required in compliance with the Subdivision Map Act and the San Bernardino County Development Code.

65. Non-interference Letter. Subdivider shall present evidence to the County Surveyor's Office that he has tried to obtain a non-interference letter from any utility company that may have rights of easement within the property boundaries.

66. Easement. Easements of record not shown on the tentative map shall be relinquished or relocated. Lots affected by proposed easements or easement of record, which cannot be relinquished or relocated, shall be redesigned.

67. Fees. Review of the Final Map by our office is based on actual cost, and requires an initial $8,000.00 deposit. Prior to recordation of the map all fees due to our office for the project shall be paid in full.

68. Title Report. A current Title Report prepared for subdivision purposes is required at the time the map is submitted to our office for review.

69. Final Monumentation. Final Monumentation, not set prior to recordation, shall be bonded for with a cash deposit to the County Surveyor’s Office as established per the current County Fee Ordinance on file with the Clerk of the Board.

Prior to Issuance of Building Permit
Land Use Services - Building and Safety

70. Temporary Use Permit: “Temporary Use Permit: A Temporary Structures (TS) permit for non-residential structures for use as office, retail, meeting, assembly, wholesale, manufacturing, and/ or storage space will be required. A Temporary Use Permit (PTUP) for the proposed structure by the Planning Division must be approved prior to the TS Permit approval. A TS permit is renewed annually and is only valid for a maximum of five (5) years.”

71. Construction Plans: Any building, sign, or structure to be added to, altered (including change of occupancy/use), constructed, or located on site, will require professionally prepared plans based on the most current adopted County and California Building Codes, submitted for review and approval by the Building and Safety Division. 101

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72. Slope Easements: Slope rights shall be dedicated where necessary.

73. Soils Testing : Any grading within the road right -of-way prior to the signing of the improvement plans shall be accomplished under the direction of a soils testing engineer. Compaction tests of embankment construction, trench back fill, and all sub -grades shall be performed at no cost to the County and a written report shall be submitted to the Permits/Operations Support Division, Transportation Permits Section of the County Department of Public Works prior to any placement of base materials and/or paving.

74. Encroachment Permits: Prior to installation of driveways, sidewalks, etc., an encroachment permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387- 1863 as well as other agencies prior to work within their jurisdiction.

Land Use Services - Land Development - Roads

75. Encroachment Permits: Prior to installation of driveways, sidewalks, etc., an encroachment permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387- 1863 as well as other agencies prior to work within their jurisdiction.

76. Construction Permits: Prior to installation of road and drainage improvements, a construction permit is required from the County Department of Public Works, Permits/Operations Support Division, Transportation Permits Section (909) 387-1863 as well as other agencies prior to work within their jurisdiction. Submittal shall include a materials report and pavement section design in support of the section shown on the plans. Applicant shall conduct classification counts and compute a Traffic Index (TI) Value in support of the pavement section design.

77. Regional Transportation Fee: This project falls within the Regional Transportation Development Mitigation Fee Plan Area for the Chino Subarea. The Regional Transportation Development Mitigation Plan Fee (Plan Fee) shall be paid by a cashier’s check to the Land Use Services Department. The Plan Fee shall be computed in accordance with the Plan Fee Schedule in effect as of the date that the building plans are submitted and the building permit is applied for. The Plan Fee is subject to change periodically. Currently, the fee is $7,022.00 per unit for Single Family Use, which includes the 45 units per the site plan dated 07/13/2021. Therefore, the estimated Regional Transportation Fees for the Project is $315,990.00.

The current Regional Transportation Development Mitigation Plan can be found at the following we bsite:
http://cms.sbcounty.gov/dpw/Transportation/TransportationPlanning.aspx

Land Use Services - Planning

78. Lighting Plans . The developer shall submit for review and approval to County Planning a photometric study demonstrating that the project light does not spill onto the adjacent properties, or public streets. Lighting fixtures shall be oriented and focused to the onsite lo cation intended for illumination (e.g. walkways). Lighting shall be shielded away from adjacent sensitive uses, including the adjacent residential development, to minimize light spillover. The glare from any luminous source, including on- site lighting, sh all not exceed 0.5 foot -candle at the property line. This shall be done to the satisfaction of County Planning, in coordination with County Building and Safety.

79. Exterior Lighting Features . External structures or lighting shall be allowed only where the lighting is activated and controlled by motion sensors.

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

80. Streetlights. The project site is located within an urbanized area and streetlights are required. Street Lighting plans and plan check fees must be submitted to Special Districts Department for review and approval. Please submit plans to Special Districts Department, 157 W. 5th Street, 2nd Floor, San Bernardino, CA 92415 -0450, (909) 387-5940.

81. Power Lines. As required in County Development Code Section 84.27.050(k), the applicant shall not extend any new aboveground power or communication lines to the site, unless clear and convincing evidence demonstrates that undergrounding these lines would result in substantial environmental impacts. Prior to installation of power line whether undergrou nd or overhead, submittal of verification to the County Planning Division is required prior to issuance of building permits.

82. Landscape and Irrigation Plan. Landscape and Irrigation Plans shall be prepared in conformance with Chapter 83.10, Landscaping Standards, of the County Development Code. The developer shall submit four copies of a landscape and irrigation plan to County Planning.

83. Windows. All proposed windows shall provide a minimum 4 -inch relief from the exterior of the wall, and match the color and style of the proposed dwelling, as shown on the submitted plans. No white vinyl windows shall be allowed, unless it matches the base color of the building. Also, all windows facing a street shall be sound proof to reduce the noise from vehicles and pedestrians traveling on the street.

84. GHG – Operational Standards. The developer shall implement the following as greenhouse gas (GHG) mitigation during the operation of the approved project:

a) Waste Stream Reduction. The “developer” shall provide to all tenants and project employees County-approved informational materials about methods and need to reduce the solid waste stream and listing available recycling services.
b) Vehicle Trip Reduction. The “developer” shall provide to all tenants and project employees County -approved informational materials about the need to reduce vehicle trips and the program elements this project is implementing. Such elements may include: participation in established ride -sharing programs, creating a new ride-share employee vanpool, designating preferred parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading for ride sharing vehicles with benches in waiting areas, and/or providing a web site or message board for coordinating rides. c) Provide Educational Materials . The developer shall provide to all tenants and staff education materials and other publicity about reducing waste and available recycling services. The education and publicity materials/program shall be submitted to County Planning for review and approval. The developer shall also provide to all tenants and require that the tenants shall display in their stores current transit route information for the project area in a visible and convenient location for employees and customers. The specific transit routes displayed shall include Omni Trans Route 8, San Bernardino-Mentone-Yucaipa. d) Landscape Equipment. The developer shall require in the landscape maintenance contract and/or in onsite procedures that a minimum of 20% of the landscape maintenance equipment shall be electric -powered.

85. GHG – Construction Standards. The “developer” shall submit for review and obtain approval from County Planning of a signed letter agreeing to include as a condition of all construction contracts/subcontracts requirements to reduce GHG emissions and submitting documentation of compliance. The developer/construction contractors shall do the following:
a) Implement the approved Coating Restriction Plans.
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Record: PROJ-2021-00008 Planning Commission Date: A u gust 18, 2022 Board of Supervisor’s Date: October 4, 2022

b) Select construction equipment based on low GHG emissions factors and high -energy efficiency . All diesel/gasoline-powered construction equipment shall be replaced, where possible, with equivalent electric or CNG equipment.
c) Grading contractor shall provide the implement the following when possible:

1. Training operators to use equipment more efficiently.

2. Identifying the proper size equipment for a task can also provide fuel savings and associated reductions in GHG emissions

3. Replacing older, less fuel-efficient equipment with newer models

4. Use GPS for grading to maximize efficiency
d) Grading plans shall include the following statements:
• “All construction equipment engines shall be properly tuned and maintained in accordance with the manufacturers specifications prior to arriving on site and throughout construction duration.” • “All construction equipment (including electric generators) shall be shut off by work crews when not in use and shall not idle for more than 5 minutes.”
e) Schedule construction traffic ingress/egress to not interfere with peak -hour traffic and to minimize traffic obstructions. Queuing of trucks on and off site shall be firmly discouraged and not scheduled. A flag person shall be retained to maintain efficient traffic flow and safety adjacent to existing roadways. f) Recycle and reuse construction and demolition waste ( e.g., soil, vegetat ion, concrete, lumber, metal, and cardboard) per County Solid Waste procedures.
g) The construction contractor shall support and encourage ridesharing and transit incentives for the construction crew and educate all construction workers about the required w aste reduction and the availability of recycling services.

86. GHG – Design Standards. The developer shall submit for review and obtain approval from County Planning that the following measures have been incorporated into the design of the project. These are intended to reduce potential project greenhouse gas (GHGs) emissions. Proper installation of the approved design features and equipment shall be confirmed by County Building and Safety prior to final inspection of each structure. a. Meet Title 24 Energy Efficiency requirements implemented July 1, 2014. The Developer shall document that the design of the proposed structures meets the current Title 24 energy -efficiency requirements. County Planning shall coordinate this review with the County Building and Safety. Any combination of the following design features may be used to fulfill this requirement, provided that the total increase in efficiency meets or exceeds the cumulative goal (100%+ of Title 24) for the entire project (Title 24, Part 6 of the California Code of Regulations; Energy Efficiency Standards for Residential and Non-Residential Buildings, as amended January 24, 2013; Cool Roof Coatings performance standards as amended January 24, 2013):
• Incorporate dual paned or other energy efficient windows, • Incorporate energy efficient space heating and cooling equipment, • Incorporate energy efficient light fixtures, photocells, and motion detectors, • Incorporate energy efficient appliances,
• Incorporate energy efficient domestic hot water systems, • Incorporate solar panels into the electrical system,
• Incorporate cool roofs/light colored roofing,
• Incorporate other measures that will increase energy efficiency. • Increase insulation to reduce heat transfer and thermal bridging. • Limit air leakage throughout the structure and within the heating and cooling distribution system to minimize energy consumption.
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b. Plumbing. All plumbing shall incorporate the following:
• All showerheads, lavatory faucets, and sink faucets shall comply with the California Energy Conservation flow rate standards.
• Low flush toilets shall be installed where applicable as specified in California State Health and Safety Code Section 17921.3.
• All hot water piping and storage tanks shall be insulated. Energy efficient boilers shall be used. c. Lighting. Lighting design for building interiors shall support the use of:
• Compact fluorescent light bulbs or equivalently efficient lighting. • Natural day lighting through site orientation and the use of reflected light. • Skylight/roof window systems.
• Light colored building materials and finishes shall be used to reflect natural and artificial light with greater efficiency and less glare.
• A multi-zone programmable dimming system shall be used to control lighting to maximize the energy efficiency of lighting requirements at various times of the day. • Provide a minimum of 2.5 percent of the project’s electricity needs by on-site solar panels. d. Building Design. Building design and construction shall incorporate the following elements:
• Orient building locations to best utilize natural cooling/heating with respect to the sun and prevailing winds/natural convection to take advantage of shade, day lighting and natural cooling opportunities. • Utilize natural, low maintenance building materials that do not require finishes and regular maintenance. • Roofing materials shall have a solar reflectance index of 78 or greater. • All supply ductwork shall be sealed and leak -tested. Oval or round ducts shall be used for at least 75 percent of the supply ductwork, excluding risers.
• Energy Star or equivalent appliances shall be installed. • A building automation system including outdoor temperature/humidity sensors will control public area heating, vent, and air conditioning units
e. Landscaping. The developer shall submit for review and obtain approval from County Planning of landscape and irrigation plans that are designed to include drought tolerant and smog tolerant trees, shrubs, and groundcover to ensure the long -term viability and to cons erve water and energy. The landscape plans shall include shade trees around main buildings, particularly along southern and western elevations, where practical. f. Irrigation. The developer shall submit irrigation plans that are designed, so that all commo n area irrigation areas shall be capable of being operated by a computerized irrigation system, which includes either an on- site weather station, ET gauge or ET-based controller capable of reading current weather data and making automatic adjustments to independent run times for each irrigation valve based on changes in temperature, solar radiation, relative humidity, rain and wind. In addition, the computerized irrigation system shall be equipped with flow sensing capabilities, thus automatically shutting down the irrigation system in the event of a mainline break or broken head. These features will assist in conserving water, eliminating the potential of slope failure due to mainline breaks and eliminating over-watering and flooding due to pipe and/or head breaks. g. Recycling. Exterior storage areas for recyclables and green waste shall be provided. Where recycling pickup is available, adequate recycling containers shall be located in public areas. Construction and operation waste shall be collected for reuse and recycling.
h. Transportation Demand Management (TDM) Program. The project shall include adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. Preferred carpool/vanpool spaces shall be provided and, if available, mass transit facilities shall be provided (e.g. bus stop bench/shelter). The developer shall demonstrate that the TDM program has been instituted for the project or that the buildings will join an existing program located within a quarter mile radius from the project site that provides a cumulative 20% 105

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

reduction in unmitigated employee commute trips. The TDM Program shall publish ride -sharing information for ride-sharing vehicles and provide a website or message board for coordinating rides. The Program shall ensure that appropriate bus route information is placed in each building.

87. GHG – Installation/Implementation Standards . The developer shall submit for review and obtain approval from County Planning of evidence that all applicable GHG p erformance standards have been installed, implemented properly and that specified performance objectives are being met to the satisfaction of County Planning and County Building and Safety. These installations/ procedures include the following:
a. Design features and/or equipment that cumulatively increases the overall compliance of the project to exceed Title 24 minimum standards by five percent.
b. All interior building lighting shall support the use of fluorescent light bulbs or equivalent energy -efficient lighting.
c. Installation of both the identified mandatory and optional design features or equipment that have been constructed and incorporated into the facility/structure.

88. MM GEO-1: Paleontological Resources. Prior to the issuance of the first gr ading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division, or designee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the County. The PRIMP shall require that the paleontologist be present at the pre- grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.

In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examin e the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.

Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing significant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage, and t reatment shall be done at the Applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the paleontologist. Resources shall be identified and curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

Public Health– Environmental Health Services

89. Water Service Verification Letter: Applicant shall procure a verification letter from the water service provider. This letter shall state whether or not water connection and service shall be made available to the project by the water provider.

This letter shall reference the File Index Number and Assessor's Parcel Number(s). For projects with current active water connections, a copy of water bill with project address may suffice. For information, contact the Water Section at 1-800- 442-2283.

90. Sewage Disposal: Method of sewage disposal shall be Monte Vista Water District , if the District can legally provide the 106

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sewage disposal services. If not, sewage disposal shall be provided by the City of Chino .

91. Sewer Service Verification Letter: Applicant shall procure a verification letter from the sewer service provider identified.

This letter shall state whether or not sewer connection and service shall be made available to the project by the sewer provider. The letter shall reference the Assessor’s Parcel Number(s).

92. Water and Sewer Service Verification: Water and/or Sewer Service Provider Verification. Please provide verification that the parcel(s) associated with the project is/are within the jurisdiction of the water and/or sewer service provider. If the parcel(s) associated with the project is/are not within the boundaries of the water and/or sewer service provider, submit to DEHS verification of Local Agency Formation Commission (LAFCO) approval of either: (1) Annexation of parcels into the jurisdiction of the water and/or sewer service provider; or (2) Out-of- agency service agreement for service outside a water and/or sewer service provider’s boundaries. Such agreement/contract is required to be reviewed and authorized by LAFCO pursuant to the provisions of Government Code Section 56133. Submit verification of LAFCO authorization of said Out-of-Agency service agreement to DEHS.

93. Water Purveyor: Water purveyor shall be Monte Vista Water District or EHS approved.

94. Water Service Verification Letter: Applicant shall procure a verification letter from the water service provider. This letter shall state whether or not water connection and service shall be made available to the project by the water provider.

This letter shall reference the File Index Number and Assessor’s Parcel Number(s). For projects with current active water connections, a copy of water bill with project address may suffice. For information, contact the Water Section at 1-800- 442-2283.

95. Preliminary Acoustical Information: Submit preliminary acoustical information demonstrating that the proposed project maintains noise levels at or below San Bernardino County Noise Standard(s), San Bernardino Development Code Section

83.01.080. The purpose is to evaluate potential future on-site and/or adjacent off-site noise sources. If the preliminary information cannot demonstrate compliance to noise standards, a project specific acoustical analysis shall be required.

Submit information/analysis to the DEHS for review and approval. For information and acoustical checklist, contact DEHS at 1-800-442-2283.

Prior to Final Inspection
Prior to Occupancy
Land Use Services - Land Development - Drainage

96. WQMP Improvements: All required WQMP improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. An electronic file of the approved final WQMP shall be submitted to Land Development Division, Drainage Section.

97. Drainage Improvements : All required drainage improvements shall be completed by the applicant. The private Registered Civil Engineer (RCE) shall inspect improvements outside the County right-of-way and certify that these improvements have been completed according to the approved plans. Certification letter shall be submitted to Land Development.

98. LDD Requirements: Condition of Road Improvements. At the time of occupancy for all structures, the condition of all required on-site and off-site improvements shall be acceptable to the County Department of Public Works.

99. Structural Section Testing: Prior to occupancy, a thorough evaluation of the structural road section, to include parkway improvements, from a qualified materials engineer shall be submitted to the County Department of Public Works. 100. Private Roads/Improvements: Prior to occupancy, all required on -site, and off-site improvements shall be completed by the applicant. Construction of private roads and private road related drainage improvements shall be inspected and certified by the engineer. Certification shall be submitted to Land Development by the engineer identifying all supporting engineering criteria.
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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

101. Road Improvements : All required on -site, and off -site improvements shall be completed by the applicant and inspected/approved by the County Department of Public Works. Completion of road and drainage improvements does not imply acceptance for maintenance by the County.
102. LDD Requirements: CMRS Exclusion. Roads within this development will not be entered into the County Maintained Road System (CMRS).
103. LDD Requirements: Landscape Maintenance. Trees, irrigation systems, and landscaping required to be installed on public right-of-way shall be approved by the County Department of Public Works/current Planning and maintained by the adjacent property owner or other County-approved entity.

Land Use Services - Planning
104. Shield Lights: Any lights used to illuminate the site shall include appropriate fixture lamp types as listed in SBCC Table 83-7 and be hooded and designed so as to reflect away from adjoining properties and public thoroughfares and in compliance with SBCC Chapter 83.07, “Glare and Outdoor Lighting" (i.e., “Dark Sky Ordinance). 105. Rooftop Equipment: No roof top mechanical equipment or air conditioning units are allowed.

106. Landscaping/Irrigation: All landscaping, dust control measures, all fences, etc. as delineated on the approved Landscape Plan shall be installed. The developer shall submit the Landscape Certificate of Completion verification as required in SBCC Section 83.10.100. Supplemental verification should include photographs of the site and installed landscaping.

107. Installation of Improvements: All required on-site improvements shall be installed per approved plans.

108. Fees Paid: Prior to final inspection by Building and Safety Division and/or issuance of a Certificate of Conditional Use by the Planning Division, the applicant shall pay in full all fees required under actual cost job number .

109. Condition Compliance: Prior to occupancy/use, all conditions shall be completed to the satisfaction of County Planning with appropriate authorizing approvals from each reviewing agency.

If you would like additional information regarding any of the conditions in this document, please contact the department responsible for applying the condition and be prepared to provide the Record number above for reference. Department contact information has been provided below.

Department/Agency Office/Division Phone Number
Land Use Services Dept.
(All Divisions)
San Bernardino Govt. Center (909) 387-8311
High Desert Govt. Center (760) 995-8140
County Fire
(Community Safety)
San Bernardino Govt. Center (909) 387-8400
High Desert Govt. Center (760) 995-8190
County Fire Hazardous Materials (909) 386-8401
Flood Control (909) 387-7995
Solid Waste Management (909) 386-8701
Dept. of Public Works Surveyor (909) 387-8149
Traffic (909) 387-8186
Dept. of Public Health Environmental Health Services (800) 442-2283 Local Agency Formation Commission (LAFCO) (909) 388-0480 Water and Sanitation (760) 955-9885
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Administration,
Park and Recreation,
Roads, Streetlights,
Television Districts, and Other

(909) 386-8800

Special Districts
External Agencies (Caltrans, U.S. Army, etc.) See condition text for contact information...

109

June 7, 2023

Erik Pfahler
Yorba Villas, LLC

RE: Yorba Villas, LLC, PROJ-2021-00008, VTTM No. 20394 Summary of Clariﬁca�on of Condi�ons of Approval

Dear Mr. Pfahler,

The Condi�ons of Approval clariﬁca�ons for the above referenced project are provided below. With this leter, the clariﬁca�ons are stated in a single document.

1. Sewer Clariﬁca�on (February 3, 2023):

Clariﬁed Condi�ons:

91. Sewer Service Veriﬁcation Letter: Applicant shall procure a veriﬁcation letter from the sewer service provider identiﬁed. This letter shall state whether or not sewer connection and service shall be made available to the project by the sewer provider. The letter shall reference the Assessor’s Parcel Number(s).

And

92. Water and Sewer Service Veriﬁcation: Water and/or Sewer Service Provider Veriﬁcation. Please provide veriﬁcation that the parcel(s) associated with the project is/are within the jurisdiction of the water and/or sewer service provider. If the parcel(s) associated with the project is/are not within the boundaries of the water and/or sewer service provider, submit to DEHS veriﬁcation of Local Agency Formation Commission (LAFCO) approval of either: (1) Annexation of parcels into the jurisdiction of the water and/or sewer service provider; or (2) Out-of- agency service agreement for service outside a water and/or sewer service provider’s boundaries. Such agreement/contract is required to be reviewed and authorized by LAFCO pursuant to the provisions of Government Code Section 56133. Submit veriﬁcation of LAFCO authorization of said Out-of-Agency service agreement to DEHS.

Ques�on:

At what point in the permi�ng process do condi�ons 91 and 92 become pre-requisites and require sa�sfac�on?

Answer:

1. Will Serve leter required prior to issuance of building permit.

2. Sewer Connec�on required before issuance of Cer�ﬁcate of Occupancy.

Land Use Services Department
Planning

Chad Nottingham
Interim Director
Jevin Kaye
Assistant Director
385 N. Arrowhead Avenue San Bernardino, CA 92415 | Phone: 909.387.8311 Fax: 909.387.3223

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2. Interior Fence Material Clariﬁca�on (March 28, 2023):

Condi�on: none

Ques�on:

The applicant is planning on installing decorative masonry walls along the perimeter and all areas visible to the public. The clarification is to allow the use of vinyl or wood fencing between lots for side yards and internal rear yards where not exposed to the public? Answer:

Vinyl fencing along the side yard and internal rear yards are ok as long as they are not all white.

3. Tribal Clariﬁca�on (April 10, 2023):

Condi�on:

62. MM TCR-1: Retain a Native American Monitor Prior to Commencement of Ground Disturbance:

A. The Project Applicant/Developer shall retain a Native American monitor from (or approved by) the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation (“Tribes”). The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject Project, at all Project locations (i.e., both on-site and any oﬀ-site locations that are included in the Project description/deﬁnition and/or required in connection with the Project, such as public improvement work). “Ground-disturbing activity” includes, but is not limited to, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. Monitors from the San Manuel Band of Mission Indians and the Gabrieleno Band of Mission Indians-Kizh Nation shall provide Native America monitoring services on a rotating basis.

B. The Project Applicant/Developer shall provide documentation of its retention of a Native American monitor, as provided in Mitigation Measure TCR-1, to the County Planning Department (?) prior to the earlier of the commencement of any ground-disturbing activity for the project, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The Project Applicant/Developer shall provide the Tribe with a minimum of 15 days advance written notice of the commencement of any project ground-disturbing activity so that the Tribe has suﬃcient time to secure and schedule a monitor for the project.

D. The Project Applicant/Developer shall hold at least one pre-construction sensitivity/educational meeting prior to the commencement of any ground-disturbing activities, where at a senior member of the Tribe(s) will inform and educate the Project’s construction and managerial crew and staﬀ members (including any Project subcontractors and consultants) about the TCR mitigation measures and compliance obligations, as well as places of signiﬁcance located on the Project site (if any), the appearance of potential TCRs, and other informational and operational guidance to aid in the Project’s compliance with the TCR mitigation measures. The Native American Tribe(s) shall be notiﬁed of and allowed to attend the pre-grading meeting with the County and Project construction contractors and/or monitor all Project mass grading and trenching activities. In the event that suspected tribal cultural resources are unearthed, the Native American Tribe(s) shall have the authority to redirect earth moving activities in the aﬀected area.
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E. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground- disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-logs will identify and describe any discovered TCRs, including but notlimited to, Native American cultural and historical artifacts, remains, places of signiﬁcance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project applicant/Lead Agency upon written request.

F. Native American monitoring for the Project shall conclude upon the latter of the following: (1) written conﬁrmation from a designated Project point of contact to the Tribe representatives that all ground- disturbing activities and all phases that may involve ground-disturbing activities on the project site and at any oﬀ-site Project location are complete; or (2) written notice by the Tribe to the Project Applicant/Developer and the County Planning Department that no future, planned construction activity and/or development/construction phase (known by the Tribe at that time) at the Project site and at any oﬀ-site project location possesses the potential to impact TCRs.

Ques�on:

There is no record in the EIR or Cultural Report of any reference to the San Manuel Band of Mission Indians. Furthermore, there is no contact informa�on for them anywhere in the project documents. Is it possible the San Manuel Band of Mission Indians were added into the condi�ons by mistake?

Answer:

The reference to San Manuel was a mistake and was added to the condi�ons by error. In moving forward, a contract with the Kizh Na�on is required before the issuance of a grading permit.

4. Public Perimeter Parkway Clariﬁca�on (April 10, 2023):

Condi�on:

Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard 112
Yorba Villas, Conditions Clarification
June 7, 2023
PAGE 4 of 6

A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.

Yorba Avenue (Collector – 66 feet):
• Street Improvements. Design curb and gutter with match up paving 22 feet from centerline. •Sidewalks.

Design sidewalks per County Standard 109 Type “C”.
• Curb Returns and Sidewalk Ramps. Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of-way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.
• Cul-de-sac Design. The proposed cul-de-sac shall be designed to County Standard 120. Street B (Private Road – 60 feet):
• Road Dedication. A 60-foot grant of easement is required to provide a full-width right-of-way of 60 feet. • Street Improvements. Design curb and gutter with match up paving 18 feet from centerline. • Sidewalks. Design sidewalks per County Standard 109 Type “B”. • Curb Returns and Sidewalk Ramps. Curb returns and sidewalk ramps shall be designed per County Standard 110 and Caltrans standard A88A. Adequate easement shall be provided to ensure sidewalk improvements are within Public right-of- way.
• Driveway Approach. Design driveway approach per County Standard 129B and located per County Standard 130.

Ques�on:

The Condi�on regarding sidewalk design requires the use of County Standard 109 C (sidewalk curb adjacent). The Approved Ves�ng Tenta�ve Map and Site Plan is designed using County Standard 109 A (Sidewalk Parkway adjacent). The applicant requests using County Standard 109 A (sidewalk at ROW adjacent) in conformance to the approved Ves�ng Tenta�ve Map.

Answer:

Since the project includes a proposed permanent barrier for the project (block wall and tubular steel fencing with block pillars), then the Type “A” sidewalk can be used.

Note: The Oﬀsite Street Plans include using the City of Chino Curb Standard Drawing 1111 Curb Ramp Direc�onal Perpendicular at the intersec�on of Francis Avenue and Yorba Avenue. This is currently being reviewed and plan checked by County Land Use Services and will modify the applicable condi�on when approved by Land Use Services.

1. Ligh�ng Clariﬁca�on (April 28, 2023):

Condi�ons:
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All lighting shall be limited to that necessary for maintenance activities and security purposes. This is to allow minimum obstruction of night sky remote area views. No light shall project onto adjacent roadways in a manner that interferes with on-coming traﬃc. All signs proposed by this project shall only be lit by steady, stationary, shielded light directed at the sign, by light inside the sign, by direct stationary neon lighting or in the case of an approved electronic message center sign, an alternating message no more than once every ﬁve seconds.

And

Lighting ﬁxtures shall be oriented and focused to the onsite location intended for illumination (e.g. walkways). Lighting shall be shielded away from adjacent sensitive uses, including the adjacent residential development, to minimize light spillover. The glare from any luminous source, including on-site lighting, shall not exceed 0.5 foot-candle at the property line. This shall be done to the satisfaction of County Planning, in coordination with County Building and Safety.

Ques�on:

This condi�on requires all outdoor ligh�ng to include shields to meet the dark sky requirements. The proposed project will include streetlights. Are shields to the streetlights required to prevent light from spilling into front yards?

Answer:

No, does not apply to streetlights.

2. Exterior Ligh�ng Clariﬁca�on (April 28, 2023):

Condi�on:

79. Exterior Lighting Features. External structures or lighting shall be allowed only where the lighting is activated and controlled by motion sensors.

Ques�on I:

Are in-tract streetlights, private park lights and entry gate lights required to operate on mo�on sensors.

Does the condi�on only apply to coach lights and lights mounted on the houses or private homeowner security ligh�ng?

Answer I:

All lights should be on a �mer and should meet crime preven�on through environmental design standards for safety.

Ques�on II:

Accent lights in the entry and the private park provide security and ambiance and they would not be very eﬀec�ve if they were on mo�on sensors. Can we have the streetlights, project entry lights, and park lights work with a light level sensor vs a mo�on sensor?

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Answer:

All lights should be on a �mer and should meet crime preven�on through environmental design standards for safety.

3. Architecture Clariﬁca�on (April 28, 2023):

Condi�on:

83. Windows. All proposed windows shall provide a minimum 4-inch relief from the exterior of the wall and match the color and style of the proposed dwelling, as shown on the submitted plans. No white vinyl windows shall be allowed, unless it matches the base color of the building. Also, all windows facing a street shall be soundproof to reduce the noise from vehicles and pedestrians traveling on the street.

Ques�on I:

The condi�on requires a 4” recess around all windows. It also says, “as shown on the submited plans” and the submited plan does not show a 4” recess on the windows. Are changes needed to comply with the condi�on of approval?

Answer I:

The expecta�on is for a 4” recess for aesthe�c purposes.

Ques�on II:

If a recess is required, can this change to a degree. For example, if a 6” exterior wall provides a 2” deep recess around all windows, only 2” of “relief” can be provided. In that scenario, a 2” thick trim would account for the remaining 2” and would not be appropriate for the Spanish Colonial and Hacienda Ranch eleva�ons which should have only top and boom trim. Further, any recess is not architectural style appropriate for the California Ranch eleva�on. Can we use no recess if appropriate to the style of the home?

Answer II:

The windows should not impact the approved style or eleva�onal quality of the home. If it does, please use the appropriate window with no recess.

Ques�on III:

The condi�on states that the front eleva�on windows “shall be soundproof”. There is no such product as soundproof windows. Is there an STC ra�ng (sound ra�ng) speciﬁca�on we should use? Keep in mind these homes are not facing onto a busy street, or highway, and are not near any noise genera�ng facility like an airport. We would like to use a good standard residen�al STC ra�ng if possible.

Answer III:

An STC ra�ng that reduces the noise to a near soundproof ra�ng is required.

Sincerely,

Steven Valdez
Planning Manager
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01225.0005/845570.13
Exhibit C
City of Chino Development Impact Fees

• Applicable City Development Impact Fee Category: Detached Low Density Residential

• Applicable Development Impact Fees payable upon issuance of building permit by the City:
o Law Enforcement: $ 637.00 per unit
o Fire Suppression $1,310.00 per unit
o Circulation (Streets, Signals and Bridges) System: $4,586.00 per unit o Storm Drainage Collection System: $2,396.00 per unit o Sewage Collection**: $ 583.00 per unit
o General Facilities, Vehicles, and Equipment: $ 156.00 per unit o Public Use (Community Center) Facilities: $4,736.00 per unit o Administrative Fee:
(12% of the per unit total of above listed fees): $1,728.48 per unit o Residential Parks and Recreation: $22,494.00 per unit ** Sewage Collection Fee to be paid irrespective of whether the relevant building permit was issued by the County or the City.

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CITY OF CHINO CEQA FINDINGS AND FACTS IN SUPPORT OF

THE MODIFIED YORBA VILLAS RESIDENTIAL PROJECT

SAN BERNARDINO COUNTY, CALIFORNIA
STATE CLEARINGHOUSE NO. 2021060049

1. INTRODUCTION
The California Environmental Quality Act, Public Resources Code Section 21000 et seq. and the State CEQA Guidelines, 14 Cal. Code of Regs. Section 15000 et seq. (collectively, CEQA) , specifically CEQA Guidelines Section 15 381, provides that a public agency other than a Lead Agency which has discretionary approval authority over a project is a “Responsible Agency.” CEQA Guidelines Section 15096(a) provides that a Responsible Agency complies with CEQA by considering the Environmental Impact Report prepared by the Lead Agency and by reaching its own conclusi ons on whether and how to approve the project involved. Per CEQA Guidelines Section 15096( f), prior to reaching a decision on the project, the Responsible Agency must consider the environmental effects of the project as shown in the Environmental Impact Re port, and that a subsequent or supplemental Environmental Impact Report can be prepared only as provided in CEQA Guidelines Section 15162.

CEQA Section 15162 provides:
(a) When an Environmental Impact Report has been certified for a project, no subsequent Environmental Impact Report shall be prepared for that project unless the Responsible Agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous Environmental Impact Report due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Environmental Impact Report was certified as complete shows any of the following:
a. The project will have one or more significant effects not discussed in the previous Environmental Impact Report;
b. Significant effects previously examined will be substantially more sever than shown in the previous Environmental Impact Report;
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c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce on or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
d. Mitigation measure or alternatives which are considerably different from those analyzed in the previous Environmental Impact Report would substantially reduce one or more significant effects on the environment, but the project proponent s decline to adopt the mitigation measure or alternative.

Per CEQA Guidelines Section 15096(h), prior to approving a project, a Responsible Agency must make the findings required by CEQA Guidelines Section 15091 and, if necessary, CEQA Guidelines 15093. CEQA Guidelines Section 15091 provides:
(a) No public agency shall approve or carry out a project for which an EIR has been certified which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are:

1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR (“Finding 1”).

2. Such changes or alterations are within the responsibility and jurisd iction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can or should be adopted by such other agency (“Finding 2”).

3. Specific economic, legal, social, technological, or other considerati ons, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR (“Finding 3”). (b) The findings required by subdivision (a) shall be supported by subst antial evidence in the record.
(c) The finding in subdivision (a)(2) shall not be made if the agency making the finding has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. The finding in subsection (a)(3) shall describe the specific reasons for rejecting identified mitigation measures and project alternatives. (d) When making the findings required in subdivision (a)(1), the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures.
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(e) The public ag ency shall specify the location and custodian of the documents or other materials which constitute the record of the proceedings upon which its decision is based. (f) A statement made pursuant to Section 15093 does not substitute for the findings required by this section.

CEQA Guidelines Section 15093 further provides:
(a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered “acceptable.”
(b) Where the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the final EIR and/or other information in the record. This statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statemen t should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091.

Finally, per CEQA Guideline s Section 15096(g), when considering alternatives and mitigation measures, a Responsible Agency is more limited than a Lead Agency and thus has responsibility for mitigating or avoiding only the direct or indirect environmental effects of those parts of th e project which it decides to carry out, finance, or approve.

These findings have been prepared for the City of Chino’s approval, in its capacity as a CEQA Responsible Agency, of a pre-annexation agreement pursuant to which the city would provide sewer service to the Yorba Villas Residential Project and the applicant would support the potential annexation of the Project site from unincorporated San Bernardino County into the City of Chino for two parcels totaling 13.35-acres (Assessor’s Parcel Number (APN) 1013-211-21 and 2013 - 211-22). The sewer service connection would be utilized to serve the Yorba Villas Residential Project (Tentative Tract Map No. 20394) approved on October 4, 20 22, by the County of San Bernardino (County) in its capacity as CEQA Lead Agency (the “Approved Project”).

The Approved Project authorizes the development and operation of a 45 -unit residential project on approximately 13.35-acres. The Approved Project includes a County Policy Plan Amendment to increase the allowed density on the project site from Very Low Density Residential (VLDR) to Low Density Residential (LDR), Zoning Amendment to change the zoning from Single Residential 1-acre Minimum (RS -1) to Sing le Residential (RS), Planned Development Permit to allow for reduced setbacks from County Development Code Standards, and a TTM to subdivide the Project site into 45 numbered lots for residential use and 2 lettered lots for emergency vehicle access in 119

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the unincorporated area. The Approved Project was previously analyzed in the Final EIR certified by the County of San Bernardino in October 2022. The Approved Project can be identified with State Clearinghouse Number (SCH) 2020120545.

The certified Final EIR did not identify any significant and unavoidable impacts of the Approved Project. Environmental impacts considered less than significant with mitigation incorporated included: Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardou s Materials, and Tribal Cultural Resources. Less than significant impacts included: Aesthetics, Agriculture, Air Quality, Greenhouse Gas Emissions, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Noise, Population and Housing, Publi c Services Recreation, Transportation, and Utilities.

Having received, reviewed and considered the Draft Environmental Impact Report (DEIR) and the Final Environmental Impact Report (FEIR) for the Yorba Villas Residential Project, SCH No. 2021060049 (collectively, the EIR) certified by the San Bernardino County Board of Supervisors (County) on October 4, 2022 , as well as the Addendum #1 To The Final Environmental Impact Report For The Yorba Villas Residential Project SCH# 2020120545 (attached hereto as CEQA Findings Exhibit A and incorporated herein by reference (“Addendum”)) and all other information in the record of proceedings on this matter, the following Findings and Facts in Support of Findings (Findings) are hereby adopted by the City of Chino (City) in its capacity as the CEQA Responsible Agency.

These Findings set forth the environmental basis for the discretionary actions to be undertaken by the City for the development of the Modified Project, as defined in Section 2. These actions include the appr oval of the Pre-Annexation and Development Agreement by and between the City of Chino and Yorba Villas, LLC setting forth the terms and conditions pursuant to which the City will provide sewer service to the 45 single family home Yorba Villas residential project.

A. Document Format
These Findings have been organized into the following sections:

Section 1 provides an introduction to these Findings.

Section 2 provides a summary of the Modified Project and overview of the discretionary actions required for approval of the Modified Project.

Section 3 provides a summary of previous environmental reviews related to the Modified Project area that took place prior to the environmental review done specifically for the Modified Project, and a summary of public participation in the environmental review for the Modified Project.

Section 4 sets forth findings regarding environmental impacts id entified in the EIR which were determined not to be significant.

Section 5 sets forth findings regarding environmental impacts identified in the EIR which can feasibly be mitigated to a less than significant level through the imposition of project design features, regulatory requirements, and/or mitigation measures. In order to ensure compliance and 120

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implementation, all of these measures are included in the Mitigation Monitoring and Reporting Program (MMRP) for the Modified Project which shall be adopted by the City together with these Findings in accordance with CEQA Section 21081.6. Where potentially significant impacts can be reduced to less than significant levels through adherence to project design features and regulatory requirements, these findings specify how those impacts were reduced to an acceptable level.

Section 6 sets forth findings regarding growth inducement.

Section 7 sets forth findings regarding significant irreversible effects.

Section 8 sets forth findings pursuant to CEQA Guidelines § 15162.

B. Custodian and Location of Records
The documents and other materials which constitute the administrative record for the City’s actions related to the Modified Project are located at the City of Chino, Development Services Department, Planning Division, 13220 Central Avenue, Chino, CA 91710. The City of Chino is the custodian of the administrative record for the Modified Project.

2. PROJECT SUMMARY
A. Project Location
The project site is comprised of 13.35 acres of vacant and disturbed land, located at 4570 Francis Avenue, Chino, CA (APNs: 1013 -211-21 and 1013 -211-22) in the unincorporated area of San Bernardino County. The site is directly northwest of the intersection of Yorba Avenue and Francis Avenue. The site is curre ntly vacant but was previously developed with various residential and agricultural uses. The project site is adjacent to the City of Chino to the southeast and unincorporated San Bernardino County borders all other sides of the Modified Project site. The City of Montclair is approximately 1/4 mile to the north. Regional access is provided via State Route 60 (SR -60) which is located approximately 0.8 mile south and State Route 71 (SR -71), approximately 3.7 miles west. Local access is provided by Francis Avenue.

B. Project Description
On October 4, 2022, the San Bernardino County Board of Supervisors approved applications for a County General Plan Amendment (GPA), a County Zone Change (ZC), a Planned Development Permit (PDP), and a Tentative Tract Map (TTM) for the Approved Project. The GPA amended the County’s Countywide Policy Plan category from Very Low Density Residential (VLDR), which allows for a maximum of 2 dwelling units per acre, to Low Density Residential (LDR), which allows for a maximum of 5 dwelling units per acre. The Zone Change changed the County’s zoning designation for the project site from Single Residential 1 -acre Minimum (RS -1) to Single Residential (RS), which allows for a maximum density of 4 units per acre. The TTM provides for the development 45 single -family homes, new private streets, a small private park, street improvements (along Francis and Yorba Avenue), and onsite stormwater infrastructure. The PDP allows for flexibility in the application of County Development Code standards. The purpose is to allow for innovation in site planning and other aspects of project design, and more effective design 121

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responses to site features, uses on adjoining properties, and environmental impacts than the County Development Code standards would produce w ithout adjustment. The County expects each Planned Development Permit project to be of obvious, significantly higher quality than would be achieved through conventional design practices and development standards.

The Approved Project has a density of 3.75 dwelling units per acre. A total of 225 parking spaces are provided onsite for the proposed residences and guest parking. The Approved Project was approved by the County for single-family residences on approximately 7,861 to 13,285 square foot lots, with p rivate driveways and outdoor areas. A s approved by the County, a ll lots have landscaping and driveways accessed from the Approved P roject’s proposed internal, private streets. In addition, the Modified Project includes one detention and water quality basin (“Lot A”) near the southeast corner of the site and landscaping which is further described below.

Infrastructure. The project would construct new internal private streets, curb, gutter, sidewalks, storm drain improvements, wet and dry utilities, and related infrastructure improvements. The Approved Project included, and the Final EIR analyzed, the installation of an 8-inch private sewer line onsite that would use a lift station to connect to the existing, off-site 21-inch Inland Empire Utility Agency (IEUA) Regional Sewage System interceptor located in Yorba Avenue adjacent to the project site. The Final EIR analyzed construction of an approximately 123 -foot, 4-inch force main to connect t he On -Site Sewer Line directly to the off-site IEUA trunk line, with retail wastewater collection service to be provided by the Monte Vista Water District (MVWD) and wholesale wastewater treatment service to be provided by IEUA under contract with MVWD. The Approved Project now proposes modification so as to connect to the City of Chino’s existing sanitary sewer system via a City -owned, existing sewer line in Yorba Avenue accessible to the Project, with retail wastewater collection service to be provided by the City and wholesale wastewater treatment service to be provided by IEUA under contract with the City (the Approved Project as modified to connect its on -site sewer collection line to the City’s off -site sewer line is referred to herein as the “Modified Project”). The Modified Project would connect to the City of Chino sewer system, as shown in Figure 6 of the attached Addendum . The Modified Project includes the construction and trenching of 1,432 feet of a 4-inch sewer lateral, 1,698 feet of an 8- inch sewer main in Yorba Avenue and six 48 -inch diameter sewer manholes per City of Chino standards. The sewer main line extension in Yorba Avenue would allow for the Project site to connect to the existing sewer line in Yorba Avenue and receive sewer services from the City of Chino, with ultimate wastewater treatment being provided by IEUA under contract with the City of Chino.

County Approvals:

To implement of the Modified Project, the County, in its capacity as Lead Agency, as adopted the following discretionary approvals for the Modified Project:
• Certification of the Final EIR
• Adoption of a Mitigation Monitoring and Reporting Program • General Plan Amendment
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• Zoning Map Amendment
• Tentative Tract Map
• Planned Development Permit
Required Approvals:

The Modified Project will require the following the discretionary approval from the City , acting in its capacity as Responsible Agency:
• Pre-Annexation and Development Agreement setting forth terms and conditions pursuant to which the City will provide the Modified Project wastewater collection and treatment services in anticipation of the City’s potential annexation of the Modified P roject site, subject to the subsequent approval of the San Bernardino County Local Agency Formation Commission in accordance with Government Code § 65133.

3. ENVIRONMENTAL REVIEW AND PUBLIC PARTICIPATION
The FEIR includes the Draft Environmental Impact Report (Draf t EIR) dated December 2021, written comments on the Draft EIR that were received during the public review period, written responses to those comments, and changes to the Draft EIR. In conformance with CEQA and the State CEQA Guidelines, the County of San B ernardino conducted an extensive environmental review of the Modified Project, including the following:
• Preparation of a Draft EIR by the County, which was made available for a 47-day public review period (December 15, 2021, to January 31, 2022). The Draft EIR consisted of the analysis of the Yorba Villas Residential project and appendices, including the NOP and responses to the NOP. The Notice of Availability (NOA) for the Draft EIR was sent to all property owners and occupants within a 300 -foot radius from the Modified Project site, all persons, agencies and organizations on the interest list interested persons, posted to the State Clearinghouse website for distribution to public agencies, and published in the San Bernardino County Sun. The NOA was posted at the San Bernardino County Land Use Services Department’s office on December 15, 2021. Copies of the Draft EIR were made available for public review at County of San Bernardino Land Use Services Department Office, Chino Branch Library, and was available for download via the County’s website at
http://cms.sbcounty.gov/lus/Planning/Environmental/Valley.aspx. • Preparation of a Final EIR, including the Comments and Responses to Comments on the Draft EIR, occurred. The Final EIR/Response to Comments contains co mments on the Draft EIR, responses to those comments, revisions to the Draft EIR, and appended documents. The Final EIR Response to Comments was released for a 10 -day agency review period prior to the County’s certification of the Final EIR on October 4, 2 022. The discretionary land use approvals for the Modified Project were also approved by the San Bernardino County Board of Supervisors on October 4, 2022.
• Preparation of the Addendum.
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• Public hearings were held by the City regarding the City’s Modified Project approvals , including a Planning Commission hearing and a City Council hearing.

For purposes of CEQA and these Findings, the Record of Proceedings for the Modified Project consists of the following documents and other evidence, at a minimum:
• The Initial Study and NOP and all other public notices issued by the County in conjunction with the Modified Project;
• The Final EIR (includes Draft EIR) for the Modified Project; • All written comments submitted by agencies and members of the public during the public review comment periods on the Draft EIR;
• All responses to written comments submitted by agencies and members of the public during the public review comment period on the Draft EIR;
• The Mitigation Monitoring and Reporting Program (MMRP); • The reports and technical memoranda included or referenced in the Response to Comments of the Final EIR;
• All documents, studies, EIRs, or other materials incorporated by reference in the Draft EIR and Final EIR;
• The Addendum to and all written comments thereon, and all written comments on the Modified Project, submitted to the City by agencies and members of the public prior to the close of the City Council’s July 5, 2023, public hearing on the Modified Project. • The Ordinances and Resolutions adopted by the County in connection with the Modified Project, and all documents incorporated by reference therein; • The Ordinances and Resolutions adopted by the City in connection with the Modified Project, and all documents incorporated by reference therein;
• Matters of common knowledge to the City, including but not limited to federal, state, and local laws and regulations;
• Any documents expressly cited in these Findings; and
• Any other relevant materials required to be in th e record of proceedings by Public Resources Code Section 21167.6(e).

The documents and other material that constitute the record of proceedings on which these findings are based are located at the City of Chino Development Services office at 13220 Central Avenue, Chino, CA 91710 . The custodian for these documents is the City of Chino . This information is 124

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provided in compliance with Public Resources Code Section 21081.6(a)(2) and 14 California Code Regulations Section 15091(e).

4. FINDINGS FOR ENVIRONMENTAL EFF ECTS WHICH WERE DETERMINED

NOT TO BE SIGNIFICANT
Based upon the Initial Study prepared for the Modified Project (which Initial Study has been considered by the City) , the County determined , and the City concurs and hereby finds, that the Modified Project would have no impact or a less than significant impact on the following environmental topic areas and that no further, detailed analysis of these topics was required in the EIR:
• Agriculture & Forest Resources • Population and Housing • Air Quality • Public Services
• Energy • Transportation
• Greenhouse Gas Emissions • Utilities
• Mineral Resources • Wildfire
The evidence in support of the finding that the Modified Project will not have a significant impact on these environmental topic areas are set forth in th e EIR which is incorporated herein by this reference.

For those environmental impacts that were analyzed in the Draft EIR, the County determined, and the City concurs and hereby finds, based upon the CEQA threshold criteria for significance, that the Modified Project would have no impact or a less than significant impact to the following environmental topic areas, and that no mitigation measures were required. This determination is based upon the environmental analysis in the Draft EIR and the comments rece ived on the Draft EIR, as well as the Addendum . No substantial evidence was submitted to or identified by the County or the City which indicated that the Modified Project would result in a significant impact related to the following.

Aesthetics
Impact Finding: The City has considered the EIR, and its analysis of the Modified Project’s aesthetic impacts, and hereby finds that Modified Project would not conflict with applicable zoning and other regulations governing scenic quality (Draft EIR Page 5.1-5).

Facts in Support of Findings:

Countywide Plan : The project site’s current County land use designation is Low Density Residential (LDR), which allows up to 5 dwelling units per acre. As approved by the County, the Modified Project would develop 45 ne w single-family residences, resulting in a density of 3.75 units per acre , on lots ranging in size from 7,861 SF to 13,838 SF. The County’s Low Density 125

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Residential designation is compatible with the surrounding single -family, residential uses which have a land use designation of VLDR. Although the County’s Low Density Residential designation allows for development of residential uses to a maximum density of 5 dwelling units per acre compared to the VLDR of 2 dwelling unit per acre, the surrounding land uses include similar size lots ranging from multiple units per lot to the east of Yorba Avenue, 16,400 SF lots to the south of Francis Avenue, lots averaging 7,500 SF to the southeast, and 20,000 SF to 30,000 SF lots to the west.

Zoning: Under the County’s zoning ordinance, the project site is currently zoned Single Residential (RS) which allows for 4 units per acre. The Modified Project is there consistent with the County’s applicable RS development standards.

Overall, the Modified Project is located within an urbanized area and would not conflict with applicable zoning and other regulations governing scenic quality. Therefore, impacts would be less than significant. In addition, as the Modified Project would utilize the vacant land and develop single-family housing, which is consistent with the land uses adjacent to the site, the Modified Project would increase the visual cohesion between the Modified Project site and the surrounding single-family residential area. Hence, the proposed Modified Project would not degrade the visual character of the Modified Project site and surrounding area; and impacts would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of light and glare impacts, and finds that the Modified Project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area (Draft EIR Page 5.1-9).

Facts in Support of Findings:

The Modified Project site is largely undeveloped and does not contain lighting sources. As approved by the County, the Modified Project would include installation of new lighting sources on the project site, including exter ior lighting for streetlights, residential security lighting, walkways lighting, and interior lighting, which could be visible through windows to the outside and headlights from vehicles. In addition, the Modified Project would result in additional vehicular trips after sunset, which would temporarily and intermittently increase lighting in the street corridor and may affect existing residences that are adjacent to the streets. However, the lighting from vehicle headlights is focused on a downward trajectory and would be intermittent. Therefore, impacts related to lighting would be less than significant.

Glare in the vicinity of the Modified Project is generated by building and vehicle windows reflecting light. However, there are no substantial buildings or structures near the site that presently generate substantial glare since most of the buildings are limited to one -story structures that are constructed of non-reflective materials and are not surfaced with a substantial number of windows adjacent to one another that would create a large reflective area. The construction of offsite sewer improvements would not include new lighting or the use of reflective materials.

The exterior of the proposed residences would be finished in a palette of earth -toned colors, and consist of stucco with cement roof tiles, which are not reflective surfaces. Additionally, installation of outdoor lighting would be required to meet the requirements in Section 83.07.030, Glare and 126

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Outdoor Lighting, in the County’s Development Code, which would reduce the potential to generate glare from new lighting fixtures. As a result, the Modified Project would not create a substantial source of glare, and impacts would be less than significant.

Biological Resources:

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that the Modified Project would not have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensit ive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.2-8).

Facts in Support of Finding: The General Biological Resource s Assessment and Biological Assessment Update identified that the Modified Project site is highly disturbed and that no special status vegetation types were identified on the Modified Project site. In addition, no potentially suitable habitat for special s tatus plant species was identified onsite. Multiple special status wildlife species are known to exist in the region; however, no potentially suitable habitat exists on the Modified Project site to support these species. A habitat assessment for burrowing owl was conducted on July 13, 2021, in accordance with the CDFW Staff Report on Burrowing Owl Mitigation, due to the potential for the site to provide suitable foraging habitat for burrowing owl.

Although evidence of ground squirrels is present within the area of the Modified Project , no suitable burrows or burrowing owl sign were observed within the Modified Project site during the field surveys. Due to the high level of disturbance and lack of suitable burrows on the site, the habitat assessment concluded that there is no habitat for burrowing owl on the Modified Project site. Thus, impacts related to special status species, including burrowing owl, would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that the Modified Project would not have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service (Draft EIR Page 5.2-8).

Facts in Support of Findings: The Modified Project site consists of solely upland areas that do not contain any drainages, vernal pools, wetland habitats, creeks, or rivers. The Modified Project site does not contain any riparian habitat, jurisdictional streambed or wetland areas, or sensitive natural community identified by USFWS or CDFW. Thus, impacts to these resources would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that Modified Project would not have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, and coastal) through direct removal, filling, hydrological interruption, or other means (Draft EIR Page 5.2-9).

Facts in Support of Findings: The Modified Project site consists solely of upland areas that do not contain any drainages, creeks, rivers, or other wetland areas. The Modified Project site does not contain any jurisdictional areas that would be subject to Section 404 of the Clean Water Act, 127

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and the proposed Modified Project does not involve any hydrological interruption of any existing water resources. Thus, impacts to federally protected wetlands, as defined by Section 404 of the Clean Water Act, would not occur from implementation of the proposed Modified Project.

Impact Finding: The City has considered the EIR, and its analysis of biological resource impacts, and hereby finds that Modified Project would not conflict with any local policies or ordinances protecting biological resources, such as a tree pre servation policy or ordinance (Draft EIR Page

5.2-10).

Facts in Support of Findings: The Tree Preservation Report (Appendix C) prepared for the Modified Project site in January 2021 concluded that there are no protected trees onsite that are subject to reg ulation by the County of San Bernardino Development Code. In addition, the Modified Project includes landscaping that would replace the removed trees with new trees, as required by the County Development Code, and would install other plant species to provi de uniform vegetation on the Modified Project site and meet Low Impact Development (LID) standards. Compliance with the County Development Code standards would be verified through the County’s standard development permitting process. Thus, impacts related to conflict with local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, would be less than significant.

Regulatory Requirements:

PPP BIO-1: As approved by the County, the Modified Project must comply with Chapter 88.01 Plant Protection and Management of the County Development Code prior to removing any trees located on the Modified Project site.

Hydrology and Water Quality
Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or groundwater quality (Draft EIR Page 5.6-8).

Facts in Support of Finding:

Construction: As approved by the County, t he Modified Project would involve demolition, excavation and construction activities that would expose and loosen sediment and building materials, which have the potential to mix with stormwater and urban runoff and degrade surface and receiving water quality. Additionally, construction generally requires the use of heavy equipment and construction-related materials and chemicals that could be accidentally spilled or improperly disposed of during construction activities and could therefore pollute surface waters or groundwater, resulting in a significant impact to water quality. These types of water quality impacts during construction of the Modified Project would be prevented through the requirements of the National Pollutant Discharge Elimination System (NPDES) stormwater permit (NPDES Permit No. CAS618036 renewed under Regional Water Quality Control Board (RWQCB) Order R8-2010-0036 for San Bernardino County), which establish minimum stormwater management requirements and controls that are required to be implemented for construction of the proposed 128

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Modified Project, including preparation of a storm water pollution prevention plan (SWPPP) by a Qualified SWPPP Developer (QSD), which is included as plan, program, or policy (PPP) HYD-1 and GEO-2. Adherence to the existing requirements and implementation of the appropriate Best Management Practices (BMPs) that are required by the County’s permitting process and included as PPP HYD-1, would ensure that potential water quality degradation associated with construction activities would be minimized, and impacts would be less than significant.

Operation: Potential pollutants associated with the proposed residential uses include various chemicals from cleaners, pathogen s from pet wastes, nutrients from fertilizer, pesticides and sediment from landscaping, trash and debris, and oil and grease from vehicles. If these pollutants discharge into surface waters, it could result in degradation of water quality. The Chino Creek Reach 1B and the Newport Slough, to which the Modified Project site drains, are currently listed as impaired on the EPA’s 303(d) list for various pollutants. Therefore, additional pollutant discharge could create new, or exacerbate existing impairments wit hin these waterbodies, which could result in a significant impact related to water quality.

However, operation of the proposed Modified Project would be required to comply with the requirements of the Santa Ana RWQCB MS4 Permit, which requires the Modified Project to develop a project-specific Water Quality Management Plan (WQMP) (included as PPP HYD -2) that would include implementation of operat ional low-impact development (LID) infrastructure and non-structural, structural, and source control and treatment control BMPs to protect surface water quality. A Preliminary WQMP has been developed (included as EIR Appendix H) and recommends various post construction BMPs to be incorporated into the Modified Project. The final WQMP is required to be approved prior to the issuance of a building or grading permit.

Implementation of the WQMP pursuant to the existing regulations would ensure that operation of the Modified Project would not violate any water quality standards, waste discharge requirements, or otherwise degrade water quality; and impacts would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). The Modified Project will be constructed in accordance with the NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities, NPDES No.

CAS000002. Compliance requires a risk assessment, a SWPPP, and associated BMPs.

PPP HYD-2: Santa Ana RWQCB MS4 Permit. The Modified Project will be constructed and operated in accordance with the Santa Ana RWQCB Municipal Stormwater (MS4) Permit for the part of the Santa Ana Basin in San Bernardino County in 20 10 (Order No. R8 -2010-0036). The MS4 Permit requires new development and redevelopment projects to adopt a WQMP to:
• Control contaminants into storm drain systems
• Educate the public about stormwater impacts
• Detect and eliminate illicit discharges
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• Control runoff from construction sites
• Implement BMPs and site-specific runoff controls and treatments Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that Modified Project would not substant ially decrease groundwater supplies or interfere substantially with groundwater recharge such that the Modified Project may impede sustainable groundwater management of the Basin (Draft EIR Page 5.6-11).

Facts in Support of Finding: As approved by the Coun ty, the Modified Project includes two drainage conveyance systems. The northern offsite tributary storm flows would be collected along the northern boundary of the project site and would be conveyed in a private storm drainpipe which would include an outle t onto Francis Avenue at the southwest corner of the Modified Project’s curb outlet drain. The in-tract storm flows would be collected in a second private drainpipe system and conveyed to the detention basin at the southeast corner of the project site which would both detain 2 -year stormwater flows and percolate first flush stormwater into the onsite soils. As described by the Yorba Villa project’s Hydrology Report and preliminary WQMP, the storm drains and underground infiltration chambers have been designed to capture and filter the existing volume of water that infiltrates the existing project site. In addition, the Modified Project would mitigate the 2-year onsite storm flow and detain the 100 -year storm flows to 80 percent of undeveloped conditions in consistency with the County’s NPDES permit requirements. Therefore, the Modified Project would not substantially interfere with groundwater recharge, and impacts would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would result in substantial erosion or siltation on- or off-site (Draft EIR Page 5.6-12).

Facts in Support of Finding: The Modified Project site does not include, and is not adjacent to, a stream or river. Implementation of the Modified Project would not alter the course of a stream or river. T he existing drainage pattern through the site is a north -south sheet flow to Francis Avenue. There is no existing storm drain system near the Modified Project site. The proposed Modified Project would divert offsite stormwater that currently flows through the Modified Project site, to flow through a storm drainage system and a standard County curb outlet structure onto Francis Avenue, which would not generate erosion. Therefore, impacts would be less than significant.

Regulatory Requirements:

PPP HYD -1: Nat ional Pollutant Discharge Elimination System (NPDES). As listed previously.

PPP HYD-2: Santa Ana RWQCB MS4 Permit. As listed previously. 130

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Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or through the addition of impervious surfaces, in a manner which would sub stantially increase the rate or amount of surface runoff in a manner which would result in flooding on - or off-site (Draft EIR Page 5.6-14).

Construction: Construction of the Yorba Villa p roject would require demolition of the existing building structures, including foundations, floor slabs, and utilities s ystems, though this will not be required with respect to offsite sewer improvements . These onsite activities, however, could temporarily alter the existing drainage pattern of the site and could result in flooding onsite or offsite if drainage is not prope rly controlled. However, as described previously, implementation of the Modified Project requires a SWPPP (included as PPP HYD-1 and PPP GEO-2) that would address site specific drainage issues related to construction of the Modified Project and include BMPs to eliminate the potential of flooding or alteration of a drainage pattern during construction activities.

Operation: The Modified Project would increase impervious surfaces that would result in an increase of the 2 -year, 24 -hour storm volume , though the offsite sewer improvements will be constructed below grade of existing impervious surfaces (i.e., existing paved roadways) . The Modified Project would manage the increased onsite runoff flows through detention and infiltration facilities as described in D raft EIR Table HWQ -1. The detention and water quality basin would infiltrate and detain the first flush stormwater. The storm drains and underground infiltration chambers have been designed to capture and filter the existing volume of water that infiltrates the existing Modified Project site. At the time of large flows, the stormwater would gravity flow through a standard County curb outlet structure onto Francis Avenue.

Additionally, as part of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the County’s Engineering Division to ensure that the proposed drainage would accommodate the appropriate design flows. Overall, the proposed drainage system and adherence to the existing MS4 permit regulations would ensure that Modified Project impacts related to alteration of a drainage pattern or flooding from operational activities would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollutant Discharge Elimination System (NPDES). As list ed previously.

PPP GEO-2. As listed previously.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not substantially alter the existing 131

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drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff (Draft EIR Page 5.6-15).

Construction: Construction of the proposed Modified Project would require demolition and excavation activities that could temporarily alter the existing drainage pattern of the site and could result in increased runoff and polluted runoff if drainage is not properly controlled. Implementation of the Modified Project requires a SWPPP (included as PPP HYD -1 and GEO -2) that would address site specific pollutant and drainage issues related to construction of the Modified Project and include BMPs to eliminate the potential of polluted runoff and increased runoff during construction activities.

Operation: As par t of the permitting approval process, the proposed drainage design and engineering plans would be reviewed by the County’s Engineering Division and, with respect to offsite sewer improvements, the City Engineer, to ensure that the proposed drainage would accommodate the appropriate design flows. Additionally, the permitting process would ensure that the drainage system specifications adhere to the existing MS4 permit regulations, which would ensure that pollutants are removed prior to discharge. Overall, wi th compliance to the existing regulations as verified by the permitting process, Modified Project impacts related to the capacity of the drainage system and polluted runoff would be less than significant.

Regulatory Requirements:

PPP HYD -1: National Pollut ant Discharge Elimination System (NPDES). As listed previously.

PPP GEO-2. As listed previously.

Impact Finding: The City has considered the EIR, and its analysis of hydrology and water quality impacts, and hereby finds that the Modified Project would not conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan (Draft EIR Page 5.6-16).

Facts in Support of Finding: The hydrologic features of the proposed Modified Project have been designed to slow, filter, and retain stormwater within a landscaping and infiltration basin on the Modified Project site, which would aid in managing groundwater and water quality. Furthermore, pursuant to County Development Code Section 35.0118, implementation of the Modified Project requires a WQMP, which has already been prepared for the proposed Modified Project and is included as PPP GEO-3.

The proposed Modified Project is located within the Santa Ana River watershed, and under the jurisdiction of the Santa Ana RWQCB, w hich sets water quality standards for all ground and 132

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surface waters within its region. Water quality standards for all ground and surface waters overseen by the Santa Ana RWQCB are documented in its Basin Plan, and the regulatory program of the Santa Ana RWQCB is designed to minimize and control discharges to surface and groundwater, largely through permitting, such that water quality standards are effectively attained. The Modified Project has been designed in compliance with the Basin Plan. Thus, Modified Project impacts involving conflict with, or obstructing implementation of, a water quality control plan or sustainable groundwater management plan would be less than significant.

Regulatory Requirements:

PPP GEO-3: As approved by the County, prior to grading permit issuance, the Modified Project developer shall have a Water Quality Management Plan (WQMP) approved by the County for implementation. The Modified Project is required by the County to comply with the County’s Development Code Section 85.11.030 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the RWQCB at the time of grading permit to control discharges of sediments and other pollutants during operations of the Modified Project.

Land Use and Planning
Impact Finding: The Modified Project would not cause significant environmental impacts due to conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the Modified Project adopted for the purpose of avoiding or mitigating an environmental effect (Draft EIR Page 5.7-5).

Facts in Support of Finding:

Southern California Association of Governments Regional Transportation Plan/Sustainable Communities Strategy Policie s: SCAG’s RTP/SCS policies focus largely on regional transportation and the efficiency of transportation, which are not directly applicable to the Modified Project. As shown in Draft EIR Table 5.7 -1, the Modified Project would not conflict with the adopted RTP/SCS. Therefore, implementation of the Modified Project would not result in conflict with SCAG policies, and impacts would not occur.

General Plan and Zoning Land Use Consistency : To implement the proposed Modified Project the County approved a an amendment of the Countywide Policy Plan to change the project site’s land use designation from Very Low Density Residential (VLDR) to Low Density Residential (LDR) to allow for an increase in density and a n amendment of the County zoning ordinance to change t he zoning from the County’s RS-1 (Single Residential 1 -Acre Minimum) zoning designation to the County’s RS (Single Residential) zoning designation. The County’s General Plan Land Use Element states that LDR includes single -family residential uses and Publi c and quasi-public facilities such as parks, religious facilities, schools, sheriff’s stations, and fire stations.

The Modified Project’s proposed Pre -Annexation and Development Agreement would obligate the City to amend the City’s General Plan so as to establish a land use designation of “RD 4.5 (4.5 du/ac)” for the project site, which designation is consistent with the Low Density Residential (LDR) land use designation under the County’s General Plan, and to amend the City’s zoning ordnance so as to establish a zoning designation of “RD 4.5” for the project site, which is consistent with the County’s RS-1 (Single Residential) zoning designation. 133

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The Modified Project would not result in a land use or zoning inconsistency. Rather, developing 45 single -family residences similar to the existing surrounding areas would create a cohesive neighborhood and would not conflict with a policy or plan adopted for the purpose of avoiding or mitigating an environmental effect.

Noise
Impact Finding: The City has considered the EIR, and its analysis of noise impacts, and hereby finds that the Modified Project would not result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Modified Project in excess of standards established in the applicable general plan or noise ordinance, or applicable standards of other agencies (Draft EIR Page 5.8-10).

Facts in Support of Finding:

Construction: Noise generated by Modified Project construction activities woul d result from a function of the noise generated by construction equipment, equipment location, sensitivity of nearby land uses, and timing and duration of the construction activities. Noise levels generated by heavy construction equipment can range from ap proximately 74 dBA to 84 dBA when measured at 50 feet, as shown on Draft EIR Table 5.8 -5. Through adherence to the limitation of allowable construction times provided in Section 83.01.080(g)(3) of the County Development Code, construction-related noise lev els would not exceed any standards established in the Countywide Plan nor would construction activities create a substantial temporary increase in ambient noise levels from construction of the proposed Modified Project. However, construction noise would not exceed the FTA threshold of 80 dBA Leq. Therefore, construction noise impacts would be less than significant.

Operation: Potential noise impacts associated with the operations of the proposed Modified Project would be from Modified Project-generated vehicular traffic on the nearby roadways. In addition, the proposed development would be adjacent to Francis Avenue and Yorba Avenue, which may create exterior and interior noise levels in excess of County standards at the Modified Project proposed homes. The proposed Modified Project is anticipated to generate 425 daily trips which were added to Francis Avenue for the Modified Project conditions. Draft EIR Table 5.8-7 shows that these vehicular trips would result in a 0.5 dBA noise level increase, which is below the 3 dBA noise level threshold that was the roadway noise threshold utilized in the Countywide Plan EIR.

Therefore, impacts would be less than significant.

The proposed Modified Project ’s potential offsite traffic noise impacts have been calculated through a comparison of the future year 2035 scenario to the future year 2035 with -project scenario. The results of this comparison are shown in Draft EIR Table 5.8 -8. The proposed Modified Project would not exceed the 3 dBA noise level threshold. Thus, off -site traffic noise impacts in the 2035 plus-project condition would be less than significant.

The Noise Impact Analysis determined that the exterior noise levels at the Modified Project ’s proposed residences would range from 43 to 51 dBA CNEL which would no t exceed the County Development Code standard of 60 dBA CNEL as shown in Table 5.8 -9. The interior noise levels were analyzed by the Nosie Impact Analysis to identify if the interior noise would exceed the 134

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Municipal Code Standard interior noise level standard of 45 dBA CNEL. As shown in Draft EIR Table 5.8-9, the interior noise levels at the proposed homes would range from 43-51 dBA with the proposed 6-foot walls. Thus, the proposed Modified Project would be below the County’s exterior and interior noise standards. Therefore, impacts related to exterior and interior noise would be less than significant.

Impact Finding: The City has considered the EIR, and its analysis of noise and vibration impacts, and hereby finds that the Modified Project would not result in generation of excessive groundborne vibration or groundborne noise levels (Draft EIR Page 5.8-14).

Facts in Support of Finding:

Construction: Vibration impacts from construction activities associated with the proposed Modified Project would typically be created from the operation of heavy off-road equipment. The nearest sensitive receptor to the Modified Project site is a single -family home loc ated approximately 15 feet to the north of the project site. Section 83.01.090 of the County’s Development Code restricts the creation of vibration which produces a particle velocity greater than 0.2 inch-per-second PPV. The primary source of vibration during construction would be from the operation of a bulldozer. As shown in Draft EIR Table 5.8 -10 below, a large bulldozer would create a vibration level of 0.089 inch per second PPV at 25 feet. Based on typical propagation rates, the vibration level at the nearest offsite home (15 feet to north) would be 0.156 inch per second PPV. The vibration level at the nearest offsite home would be below the County’s 0.2 inch per second PPV threshold. Thus, impacts related to construction vibration would be less than significant.

Operation: The ongoing operation of the proposed Modified Project would not include the operation of any known vibration sources other than typical onsite vehicle operations for a residential development. Therefore, impacts related to operationa l vibration would be less than significant.

Tribal Cultural Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts on tribal cultural resources, and hereby finds that the Modified Project would not cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k) (Draft EIR Page 5.9-5).

Facts in Support of Finding: The County sent letters to 6 Native American representatives identified by Native American Heritage Commission (NAHC), notifying them of the proposed Modified Project in accordance with SB 18 and AB 52. Formal consultation was not conducted with the Native American representatives as no requests for consultation with the County’s per AB 52 and SB 18 were received.
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The Modified Project site was historically used for agr iculture and residential uses and does not contain any historic resources. The most recent building demolition activities were permitted and authorized by the City. The Modified Project site currently does not contain any buildings. The site contains concrete slabs from former residences, which are not considered a historic resource.

In addition, there are no previously recorded cultural resources within a 0.5 -mile of the Modified Project site. Furthermore, no information regarding known or potential tribal cultural resources (TCRs) in the Modified Project vicinity was received during the SB 18 and AB 52 consultation period. Thus, the Modified Project site does not contain any historic resources eligible for listing in the California Register of Historical Resources, or as defined in Public Resources Code Section 5020.1(k) or TCRs; and impacts related to TCRs would not occur from implementation of the proposed Modified Project.

5. FINDINGS FOR IMPACTS MITIGATED TO A LEVEL OF LESS THAN

SIGNIFICANT
The following potentially significant environmental impacts were analyzed in the Draft EIR, which determined that project design features, compliance with existing laws, codes and statutes, regulatory requirements, and implementation of the identified feasible mitigation measures would reduce potentially significant impacts to a level of less than significant. The City has considered the EIR and hereby finds in accordance with CEQA Section 21081(a)(1) and CEQA Guidelines Section 15091(a)(1) that “Changes or alterations ha ve been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment,” which is referred to herein as “Finding 1”.

Where the potential impact can be reduced to less than significant solely through adherence to and implementation of project design features, standard conditions, and plans, programs, or policies, these measures are considered “incorporated into the project,” which mitigate or avoid the potentially significant effect, and in these situations, the City also makes “Finding 1” even though no mitigation measures are required.

Biological Resources
Impact Finding: The City has considered the EIR, and its analysis of impacts to biological resources, and hereby finds that the Modified Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites (Draft EIR Page 5.2-9).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.

Facts in Support of Finding: The Modified Project site contains ornamental trees that could be used by nesting bird species. Theref ore, impacts related to nesting birds could occur if site development activities are during the avian breeding season (typically February 15 through September 15). Any activities that occur during the nesting/breeding season of birds protected by the federal Migratory Bird Treaty Act (MBTA), could result in a potentially significant impact if requirements of the MBTA are not followed. Implementation of Mitigation Measure BIO-1 would 136

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ensure MTBA compliance and would require a nesting bird survey to be conduc ted prior to the commencement of construction during nesting season, which would reduce potential impacts related to nesting avian species and native wildlife nursery sites to a less than significant level.

Mitigation Measures:

Mitigation Measure BIO-1: Nesting Birds. To the extent possible, construction activities (i.e., demolition, earthwork, clearing, and grubbing) within the Project site and offsite infrastructure areas, shall occur outside of the general bird nesting season for migratory birds, which i s March 15 through August 31 for songbirds and January 1 through August 31 for raptors.

If construction activities (i.e., earthwork, clearing, and grubbing) must occur during the general bird nesting season for migratory songbirds (March 15 through August 31) and raptors (January 1 to August 31), a qualified biologist shall perform a pre -construction survey of potential nesting habitat to confirm the absence of active nests belonging to migratory birds and raptors afforded protection under the MBTA and California Fish & Game Code. The pre-construction survey shall be performed no more than three days prior to the commencement of construction activities. The results of the pre -construction survey shall be documented by the qualified biologist. If construction is inactive for more than seven days, an additional survey shall be conducted.

If the qualified biologist determines that no active migratory bird or raptor nests occur, the activities shall be allowed to proceed without any further requirements. If the q ualified biologist determines that an active migratory bird or raptor nest is present, no impacts within 300 feet (500 feet for raptors) of the active nest shall occur until the young have fledged the nest and the nest is confirmed to no longer be active, or as determined by the qualified biologist. The biological monitor may modify the buffer or propose other recommendations in order to minimize disturbance to nesting birds.

Cultural Resources
Impact Finding: The City has considered the EIR, and its analys is of cultural resources, and hereby finds that the Modified Project would not cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 (Draft EIR Page 5.3-9).

The City hereby makes Finding 1 and dete rmines that this impact is Less Than Significant with implementation of mitigation measures.

Facts in Support of Finding: The records search conducted for the Modified Project identified that 23 cultural resources investigations have been previously completed within a 1-mile radius of the Modified Project site, but none including the Modified Project site. The results of the previous investigations did not identify any previously recorded cultural resources within a 0.5-mile of the Modified Project site; however, five previously identified archaeological or historical resources are located within one mile of the Modified Project site. The Modified Project site has been highly disturbed from various past uses. The previous development involved excavations rel ated to installation and removal of septic systems, water lines, and other utility infrastructure. As a result, the potential for archaeological resources exists on site are low. However, Mitigation Measure CUL-1 has been included to ensure that the proper procedures would occur upon an inadvertent 137

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discovery of resources during ground -disturbing activities. With implementation of Mitigation Measure CUL-1, impacts would be less than significant.

Mitigation Measures:

Mitigation Measure CUL-1: Archaeological Resources. Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or designee, from a qualified professional archeologist meeting the Secretary of Interior’s Professional Qualifications for Archaeology as defined at 36 CFR Part 61, Appendix A stating that the archeologist has been retained to provide on-call services in the event archeological resources are discovered. The archeologist s hall be present at the pregrading conference to establish procedures for archeological resource surveillance. In the event a previously unrecorded archaeological deposit is encountered during construction, all activity within 50 feet of the area of discove ry shall cease and the County /City shall be immediately notified. The archeologist shall be contacted to flag the area in the field and shall determine, in consultation with the County/City and the Gabrieleño Band of Mission Indians Kizh-Nation, if the archaeological deposits meet the CEQA definition of historical (State CEQA Guidelines 15064.5(a)) and/or unique archaeological resource (Public Resources Code 21083.2(g)). If the find is considered a “resource” the archaeologist shall pursue either protection in place or recovery, salvage and treatment of the deposits. Recovery, salvage and treatment protocols shall be developed in accordance with applicable provisions of Public Resource Code Section 21083.2 and State CEQA Guidelines 15064.5 and 15126.4 in con sultation with the County /City and the Gabrieleño Band of Mission Indians Kizh -Nation. Per CEQA Guidelines Section 15126.4(b)(3), preservation in place shall be the preferred means to avoid impacts to archaeological resources qualifying as historical resources. Consistent with CEQA Guidelines Section 15126.4(b)(3)(C). If unique archaeological resources cannot be preserved in place or left in an undisturbed state, recovery, salvage and treatment shall be required at the developer/applicant’s expense. All recovered and salvaged resources shall be prepared to the point of identification and permanent preservation by the archaeologist. Resources shall be identified and curated into an established accredited professional repository. The archaeologist shall have a repository agreement in hand prior to initiating recovery of the resource. Excavation as a treatment option will be restricted to those parts of the unique archaeological resource that would be damaged or destroyed by the Project.

Geology and Soils
Impact Finding: The City has considered the EIR, and its analysis of geology and soils, and hereby finds that the Modified Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature (Draft EIR Page 5.4-10).

The City hereby makes Finding 1 and determines that this impact is Less Than Significant with implementation of mitigation measures.
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Facts in Support of Finding:

Unique Geologic Feature: There are no unique geological features in the Modified Project vicinity.

As such, development of the Modified Project would not result in impacts to unique geologic features.

Paleontological Resources: Record searches completed for the proposed Modified Project indicate that surface deposits consist of younger Quaternary alluvium. These younger Quaternary deposits typically do not contain significant vertebrate fossils in the uppermost layers, but they are usually underlain by older Quaternary alluvium that may contain significant fossil vertebrate remains five feet below the groun d surface. Two fossil localities were discovered in similar deposits near the Modified Project site. Therefore, grading and other earthmoving activities may have the potential to impact unknown paleontological resources. Although, Modified Project excavation is anticipated to reach a maximum depth of five -feet, Mitigation Measure GEO -1 is included to require preparation of a paleontological resource monitoring plan that requires spot checks if excavation reaches or exceeds depths of five feet, provides proc edures to follow for monitoring and fossil discovery, and requires a curation agreement with an appropriate, accredited institution.

With implementation of Mitigation Measure GEO-1, impacts related to paleontological resources would be less than significant.

Mitigation Measures:

Mitigation Measure GEO -1: Paleontological Resources . Prior to the issuance of the first grading permit, the Applicant shall provide a letter to the County of San Bernardino Planning Division/City of Chino Planning Division , or desig nee, from a paleontologist selected from the roll of qualified paleontologists maintained by the County/City, stating that the paleontologist has been retained to provide services for the Project. The paleontologist shall develop a Paleontological Resources Impact Mitigation Plan (PRIMP) to mitigate the potential impacts to unknown buried paleontological resources that may exist onsite for the review and approval by the County/City. The PRIMP shall require that the paleontologist be present at the pre -grading conference to establish procedures for paleontological resource surveillance. The PRIMP shall also require periodic paleontological spot checks if excavation reaches or exceeds depths of five feet in areas mapped as Quaternary alluvium.

In the event paleontological resources are encountered, ground -disturbing activity within 50 feet of the area of the discovery shall cease. The paleontologist shall examine the materials encountered, assess the nature and extent of the find, and recommend a course of action to further investigate and protect or recover and salvage those resources that have been encountered.

Criteria for discard of specific fossil specimens will be made explicit. If a qualified paleontologist determines that impacts to a sample containing s ignificant paleontological resources cannot be avoided by Project planning, then recovery may be applied. Actions may include recovering a sample of the fossiliferous material prior to construction, monitoring work and halting construction if an important fossil needs to be recovered, and/or cleaning, identifying, and cataloging specimens for curation and research purposes. Recovery, salvage, and treatment shall be done at the Applicant’s expense. All recovered and salvaged resources shall be prepared to th e point of identification and permanent preservation by the paleontologist. Resources shall be identified and 139

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curated into an established accredited professional repository. The paleontologist shall have a repository agreement in hand prior to initiating recovery of the resource.

Hazards and Hazardous Materials
Impact Finding: The City has considered the EIR, and its analysis of hazards and hazardous materials, and hereby finds that Modified Project would not create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous material (Draft EIR

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Chino City CouncilJuly 18, 2023

Chino City Council
July 18, 2023