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 WHEREAS, the City of Chino has adopted an ordinance establishing and regulating the Chino Community Services Commission codified in Chapter 2.38 of the Chino Municipal Code; and WHEREAS, the City desires to amend the name of the Chino Community Services Commission to the Chino Community Services, Park, and Recreation Commission, to better align with the authority and obligations of the Commission; and WHEREAS, the City desires to additionally amend the name of the Community Services Department to the Community Services, Parks, and Recreation Department to better align with the authority and services of the Department; and WHEREAS, the City desires to additionally amend the name of the Community Services Director to the Community Services, Parks, and Recreation Director to reflect the above-referenced name changes; and WHEREAS, the City desires to reflect these amendments throughout the Chino Municipal Code; and WHERAS, all legal prerequesits to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL FO THE CITY OF CHINO DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The City Council finds that the above recitals are true and correct and are incorproated herein by this reference.
Section 2. Chapter 2.38 of the Chino Municipal Code is hereby renamed “Chino Community Services, Parks, and Recreation Commission,” and is amended as follows (additions in bold underline):
Chapter 2.38 - CHINO COMMUNITY SERVICES, PARKS, AND RECREATION COMMISSION
2.38.010 - Purpose of chapter.
To recognize the importance of involving the public in the design and delivery of community services, parks, and recreation opportunities and that the establishment of a community services, parks and recreation commission is appropriate to such aims.
2.38.020 - Establishment.
There is established a Chino community services, parks, and recreation commission with members, organizations, duties, and responsibilities as provided in this chapter.
2.38.030 - Membership—Appointment and term of office.
A. The membership of the community services, parks, and recreation commission, as appointed by the mayor of the City of Chino, shall consist of seven members representing a broad interest in recreation, human services, park planning, cultural arts, youth, and senior citizens. Six members shall be appointed by the mayor of the City of Chino with the approval of the city council and one member shall be appointed by the six other commissioners (member at large). The appointment of the member at large is to be ratified by the city council.
B. In the event that a member appointed by the mayor of the City of Chino is required to take a temporary leave of absence, the mayor may appoint a temporary replacement with the approval of the city council. In the event that a member resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the mayor may appoint a member to fill the vacant position with the approval of the city council.
C. In the event that a member appointed by the six other commissioners (member at large) is required to take a temporary leave of absence, the other six members may appoint a temporary replacement. In the event that the member at large resigns or dies before the end of his or her term, or for any reason is unable to complete the term, the other six members may appoint a member to fill the vacant position. The appointment of the member at large is to be ratified by the city council.
D. All members of the community services, parks, and recreation commission appointed by the mayor of the City of Chino, as well as the at-large member, shall be residents of the City of Chino at the time of their appointment and throughout their terms of office.
2.38.040 - Terms of office.
There shall be seven community services, parks, and recreation commissioners who shall be appointed for four-year, staggered terms. Effective July 1, 2023, the terms shall be staggered as follows:
Three terms ending June 30, 2027, (three city appointees) One term ending June 30, 2024, (one city appointee)
Three terms ending June 30, 2025 (two city appointees one member at large appointed by majority vote of the six other commissioners). …
2.38.055 - Removal of members.
Any member of the community services, parks, and recreation commission who was appointed by the mayor may be removed by the mayor at any time, with the approval of the city council. His or her successor may be appointed by the mayor with the approval of the city council and shall serve the remainder of the term of office. …
2.38.080 - Meetings.
The community services, parks, and recreation commission shall conduct its affairs at regularly scheduled meetings, or at special meetings, in such a manner as is prescribed by law of the state of California. Regular meetings are to be held on the fourth Monday of each month.
2.38.090 - Staff assistance.
The director of community services, parks, and recreation or his/her designee, to the fullest extent possible, shall provide such staff assistance as the commission may require from time to time.
2.38.100 - Duties and responsibilities.
The community services, parks, and recreation commission is responsible to the city council for policy advice recommendations on the scope of city-sponsored community service, parks, and recreation activities. The commission is also to provide assistance with community services that are offered by the city which impact the use of school district facilities that are utilized for service delivery. The duties and responsibilities of the community services, parks, and recreation commission shall be as follows:
A. To encourage broad citizen participation in community services activity, which includes parks, recreation, human services, cultural arts, youth, and senior citizens; B. To evaluate and weigh community values in the development of a community services program; C. To conduct studies and make recommendations which promote and encourage high standards and increased opportunities in community service activities and programs that are in the best interests of the city, in accordance with the city's general plan; D. As directed by the city council, to review and make recommendations on the capital improvement program as it relates to park and open space needs, and future community services developments, and the coordination of community services with other governmental agencies and volunteer organizations; E. To appoint and serve on committees, as necessary, to study and make policy recommendations on community services concerns, projects, and programs; F. To promote cooperative use and make recommendations on the utilization of school district facilities for the purposes of conducting community service programs and projects; G. To conduct public meetings where the community has the opportunity to provide input regarding community services programming.
2.38.110 - Compensation of members.
Each member of the community services, parks, and recreation commission shall be compensated for each commission meeting attended. The amount of the compensation shall be recommended by the city manager and adopted in the annual budget by the city council.
Section 3. Subsection B of Section 2.48.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. The director of emergency services shall designate the order of succession to that office, to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be designated as follows:
1. Assistant city manager;
2. Police chief;
3. Director of public works;
4. Director of community development services;
5. Director of recreation and community services, parks, and recreation; Section 4. Subsection A of Section 2.68.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. The "mobilehome park rent stabilization commission" is hereby created. The commission shall be comprised of three residents of the City of Chino including any existing member of the planning commission or community services, parks, and recreation commission. The members of the commission shall be appointed and removed by the city council by a majority vote of the city council. No member of the commission shall be or, at any time during the immediately five years, have been a park owner or mobilehome owner.
Section 5. Section 8.12.010 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
8.12.010 - Intent.
The provisions of this chapter are intended to regulate the sale and use of fireworks and the prevention of fires thereby. They are, furthermore, provided to ensure a community benefit from the revenues received. The fees in this chapter, along with the use of the community services, parks, and recreation commission as a designated oversight committee, are for regulation purposes.
Section 6. Subsection D of Section 8.12.030 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
D. At no time shall an organization be permitted to sublet a fireworks stand without first acquiring written consent from the community services, parks, and recreation commission. A hearing date, to be scheduled by and with the community services, parks, and recreation commission, shall determine if subletting will result in a benefit to the community. Permission from the commission shall require that all subleased units be subject to the same terms and conditions as applied to any other qualifying organization.
Section 7. Subsections C and D of Section 8.12.040 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
C. Submit official board minutes detailing the intent and authorization to sell fireworks. Such notes shall detail what sites, populations or projects will benefit and for what purposes. Minutes shall be attached to the application and shall be reviewed by the community services, parks, and recreation commission; D. Include a copy of the organization's 501(c)3, or other official verification of nonprofit status on letterhead of the nonprofit organization. Agencies not possessing the appropriate documentation of nonprofit status shall be required to seek written authorization from the community services, parks, and recreation commission prior to a permit being issued and prior to March 15th of each year. A hearing date, to be scheduled by and with the community services, parks, and recreation commission, shall determine whether organizations without proof of nonprofit status can proceed with operating the stand. The hearing date shall be coordinated between the applicant and the commission during the months of March and April; Section 8. Subsection B of Section 8.12.060 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. All applying organizations shall be required to demonstrate how revenues received will benefit the community of Chino. Self-profit seeking organizations shall be prohibited from participating, unless special circumstances as observed and approved by the community services, parks, and recreation commission permit.
Section 9. Subsection A of Section 8.12.070 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. No entity other than the permittee organization shall operate the stand for which the retail permit is issued, unless permitted by the community services, parks, and recreation commission.
Section 10. Section 8.12.135 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
8.12.135 - Location of fireworks stands—Changes.
Any change in the proposed location for a fireworks stand set forth in an application for a retail permit must be approved by a committee appointed by the community services, parks, and recreation commission prior to the issuance of the permit. There shall be no changes in the location of a fireworks stand once a permit has been granted.
Section 11. Subsections A and B of Section 8.12.200 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. The community services, parks, and recreation commission shall investigate and conduct hearings regarding violations of this chapter, and any organization found in violation of this chapter or proceeding without appropriate consent from the commission shall be ineligible to obtain a permit for selling fireworks for three years immediately following the violation, after which time they will be required to participate in a permit lottery.
B. A retail permit may be revoked at any time by the tax and license collector or the community services, parks, and recreation commission if the organization does not comply with the permit requirements set forth in this chapter.
Section 12. Section 9.80.020 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
9.80.020 - Definitions.
For purposes of this chapter, the following definitions shall apply:
"Law enforcement officer" means a police officer, code enforcement officer, the director of community services, parks, and recreation or the director's designee. "Minor" is any unemancipated person under the age of eighteen. "Parent" is any person having legal custody of a minor: (1) as a natural or adoptive parent, (2) as a legal guardian, (3) as a person who stands in loco parentis, or (4) as a person to whom legal or physical custody has been given by court order. "Public place" means any place to which the public or a substantial group of persons have access and includes, but is not limited to, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades and similar areas that are open to the use of the public. "Public street" means a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. "Street" includes, but is not limited to, alleys, the cartway of traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a street.
Section 13. Subsection O of Section 10.24.080 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
O. All organized events shall have the written approval of the director of community services, parks, and recreation or his designee.
Section 14. Subsection F of Section 12.20.033 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
F. The provisions of this section may be waived for activities of a special recreational nature authorized and/or supervised by the recreation and community services, parks, and recreation department.
Section 15. Section 12.20.040 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
12.20.040 - Hours of operation.
Any person who remains in any city park between the hours of 10:00 p.m. and 6:00 a.m. of the following day, except for organized activities approved by the community services, parks, and recreation department, is guilty of a misdemeanor.
Section 16. Table 16.05-1 of Chapter 16.05 of the Chino Municipal Code is hereby amended as follows with the remainder of the table remaining unchanged (additions in bold underline; deletions in bold strikethrough):
Table 16.05-1—Sign Regulation Matrix
Classification Type, Number &
Location Area Height Remarks 1. Signs Permitted in all Zoning Districts - Central Avenue Street Banner, Electronic Message Board, and Light Standard Banners (1) Refer to the guidelines for roadway promotions, regulated by the Community Services, Parks, and Recreation Department, for these types of signs. - Sports Organization Banners
One banner per street frontage.
150 SF per sign face.
No requirement.
(1) Banners for local youth sports organizations are permitted for the purpose of advertising league sign-ups in public parks. (2) The banner shall be approved by the Community Services, Parks, and Recreation Department prior to submitting a Temporary Sign Permit application. (3) Displays shall be limited to 60 calendar days per year.
Table 16.05-1—Sign Regulation Matrix
Classification Type, Number &
Location Area Height Remarks Regional & Community Parks One monument sign per boundary street frontage, located at the street entrance or intersection of boundary streets. 75 SF per sign face.
15 FT
(1) Signs shall identify the name of the park, and may include an electronic message board and identification for tenants, sub-tenants and/or franchisees within the park. (2) Minimum 8-inch high letters shall be provided for tenant identification. (3) Electronic message boards shall not contain any illumination that changes intensity, nor shall the display expose messages for less than 4 second intervals or have intervals between messages of less than one second. (4) Electronic message boards may advertise public or private events, businesses or services available on and off the premises. Display content shall be as determined appropriate by the Director of Community Services, Parks, and Recreation. (5) Directional signs, pedestrian signs and window signs shall comply with the requirements of the CG & CS zoning districts. (6) Commercial tenants, sub-tenants and franchisees shall comply with the requirements of the CG & CS zoning districts.
Section 17. Subsection C of Section 18.01.050 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
C. Common interest developments, as defined in Section 1351 of the California Civil Code, shall be eligible to receive a credit, as determined by the director of community services, parks, and recreation pursuant to Section 18.01.120 against the amount of land required to be dedicated, or the amount of the fee in lieu of such dedication imposed by this chapter, for the value of private space within the development which is usable for active recreational uses.
Section 18. Subsection D of Section 18.01.090 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
D. Fair market value of the land required to be dedicated by this chapter shall be determined by a qualified real estate appraiser selected by the director of community services, parks, and recreation for an annual appraisal of the median fair market value per acre of public parks of three acres or larger in residential areas within the city if such land were not used for or zoned for park or recreational purposes. Such appraisal shall include basic infrastructure abutting the land, such as rough grading, installation of streets, curbs, gutters, street lighting, sidewalks, and installation of available trunk line utility connections, but exclude on-site and other off-site improvements. Such appraisal shall be approved by resolution of the city council.
Section 19. Subsections A and B of Section 18.01.120 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
A. Any person requesting a credit against the dedication of land for park or recreational purposes or payment of fees in lieu thereof required by Sections 18.01.050 through 18.01.100 of this chapter shall file a written application therefor with the city clerk no later than sixty days after issuance of the first certificate of occupancy for private open space within the development or subdivision which is usable for active recreational uses. The application shall contain a description of the private open space within the development or subdivision which is usable for active recreational uses, the cost and value thereof, the amount of the in-lieu fees paid, the fair market value of land dedicated determined in accordance with Section 18.01.090 of this chapter, the amount of the credit sought, and all documents in support thereof. Upon the filing of said application, the city clerk shall refer the same to the director of community services, parks, and recreation, who shall prepare an analysis of the requested credit and provide a recommendation to the planning commission within sixty days of the filing of the application. Within thirty days of the receipt of the analysis and recommendation by the director of community services, parks, and recreation, the application shall be set for hearing before the planning commission for a determination on the request for a credit.
B. In order to be eligible for a credit, a residential subdivision or other development must contain private open space that is usable for active recreational uses. Where private open space for park and recreational purposes is provided in such a proposed subdivision or development and such space is to be privately owned and maintained by the future residents of such subdivision or development, partial credit on a square foot for square foot basis, up to an amount not to exceed fifty percent maybe given against the requirement of this chapter for land dedication and/or payment of fees in lieu thereof if the director of community services, parks, and recreation finds that it is in the public interest to do so and all the following standards are met:
…
Section 20. Section 18.01.130 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
18.01.130 - Credit for improvements and equipment.
If a subdivider or developer provides park and/or recreational improvements to land dedicated for park or recreational purposes, with or without the payment of fees in lieu thereof, or a combination of both, as a condition to approval of a tentative tract map, tentative parcel map, or other residential development, pursuant to the requirements of Section 18.01.080, 18.01.090 or 18.01.100 of this chapter, in addition to such dedication of land or payment of fees, the value of such improvements together with any equipment located thereon shall be a credit against such dedication of land or payment of such fees otherwise required by this chapter. The amount of such credit shall be determined by the director of community services, parks, and recreation in accordance with park improvement standards established by the city.
Section 21. Subsection B of Section 18.01.140 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
B. When dedication is required, it shall be accomplished in accordance with the provisions of the subdivision map act as implemented by this chapter. When fees are required, the same shall be deposited with the public works department prior to recordation of the final tract map. Open space covenants for private park or recreational facilities shall be approved by the city attorney and the director of community services, parks, and recreation prior to approval of the final subdivision map by the city council, and shall be recorded simultaneously with such map.
Section 22. Section 18.01.150 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
18.01.150 - Appeal by council.
Any decision of the director of community services, parks, and recreation or planning commission authorized by this chapter shall be final and conclusive unless appealed by the city council within sixty days of such decision.
Section 23. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstances, is, for any reason, held invalid or 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 to be severable. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional.
Section 24. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
Section 25. 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, within said City in accordance with the provisions of the Government Code.
ADOPTED THIS _____ DAY OF ______________ 2023.
By:
EUNICE M. ULLOA, MAYOR
ATTEST:
By:
NATALIE GONZAGA, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §
CITY OF CHINO )
I, Natalia Gonzaga, City Clerk of the City of Chino do hereby certify that the foregoing Ordinance of the City of Chino was duly adopted by said City Council at a regular meeting held on the ____ day of __________ 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
Ordinance No. 2023-016
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