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 public comments to CityClerk@cityofchino .org no later than 4:00 p.m. on the day of the meeting. In your email, please include the meeting date, agenda item you are commenting on, and your comment. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record for the meeting specified in email received.
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
CITY HALL COUNCIL CHAMBERS
13220 CENTRAL AVENUE
CHINO, CA 91710
TUESDAY, SEPTEMBER 10, 2024
WORKSHOP
AGENDA
6:00 PM
_________________________________________________________________________________
NOTICE AND CALL FOR A SPECIAL MEETING OF THE CHINO CITY COUNCIL / SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY THAT WILL BE HELD ON TUESDAY, SEPTEMBER 10, 2024 AT 6 :00 PM IN THE CITY COUNCIL CHAMBERS LOCATED AT 13220 CENTRAL AVENUE, CHINO, CA.
ROLL CALL
Mayor Eunice M. Ulloa, Mayor Pro Tem Karen C. Comstock, Council Member Curtis Burton, Council Member Christopher Flores, Council Member Marc Lucio.
FLAG SALUTE
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). If more than three (3) persons seek to address the same agenda item or the same subject matter, the Mayor shall establish a maximum period of time not to exceed thirty (30) minutes. 1 CHINO CITY COUNCIL
SEPTEMBER 10, 2024 2
DISCUSSION
1. Preserve Development Update. Receive and File The Preserve Development Update.
Staff Report By: Andrea Gilbert, City Planner
RECOMMENDATION: Receive a presentation regarding The Preserve development update.
2. City of Chino Planning Commission Sphere of Influence Commissioner. Discussion regarding the City of Chino Planning Commission Composition.
Staff Report By: Fred Galante, City Attorney
RECOMMENDATION: Discuss and consider the presentation of a draft Ordinance regarding the City’s Sphere of Influence Planning Commission participation and provide direction to staff.
ADJOURN
The next Regular Meeting of the City Council will be held on Tuesday, September 17, 2024 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, September 5, 2024 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.
2 MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 10, 2024
TO: LINDA REICH, CITY MANAGER
FROM: WARREN MORELION, AICP, DIRECTOR OF DEVELOPMENT SERVICES
SUBJECT
..titl e
Preserve Development Update.
..end
RECOMMENDATION
..recommendation
Receive a presentation regarding The Preserve development update. ..body
FISCAL IMPACT
There is no financial impact to the General Fund. The item being presented is for informational purposes.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above further s the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
Responsible Long-Range Planning
3 CITY COUNCIL MEETING DATE: SEPTEMBER 10, 2024
TITLE: PRESERVE DEVELOPMENT UPDATE.
PAGE: 2
BACKGROUND
The Preserve encompasses 5,435 acres of land and was annexed into the City of Chino in 2003, along with the adoption of The Preserve Specific Plan (“PSP”) . The PSP provides the frameworks for development, with a vision for a community based on a mixture of residential neighborhoods focused around a community core, interconnected with a system of paseos and trails to provide connectivity throughout the community. The Preserve consists of a variety of land uses in cluding residential, commercial, industrial, and open space. When adopted, The PSP anticipated the development of 9,779 residential dwelling units. Since 2003, there have been several amendments made to The PSP, increasing the total number of developable residential units to 11,725. To date, building permits have been issued for 6,747 residential units within The Preserve, with 6,191 homes receiving occupancy.
ISSUES/ANALYSIS
Development of The Preserve began north of Pine Avenue in 2003, with the approval of a Master Site Approval (MSA) for 370 acres of land owned by the Chino Preserve Development Corporation (Lewis holdings) , allowing the development of 2,744 residential dwelling units.
Subsequently, home construction began in 2004 after the appr oval of Site Approval (SA) applications for the first five home builders . Development continued north of Pine Avenue until the Great Recession of 2008, when residential development essentially came to a halt . During this time, Chino Preserve Development Corporation continued to master plan their land holdings located south of Pine Avenue and received approval in 2008 by the Planning Commission for a subsequent MSA to master plan an additional 522 acres of land, creating larger blocks of land for future development . Since the recession ended, residential development has continued to flourish, with north of Pine Avenue being close to buildout. Falloncrest Farms owns the largely vacant portion of land located north of Pine Avenue, which is anticipated to be developed in four phases. Three of the phases have received entitlements, with two of the phases currently under construction.
With the buildout of their holdings north of Pine Avenue, t he Chino Preserve Development Corporation has focused on developing south of Pine Avenue in more recent years. The block of land located south of Pine Avenue, north of Legacy Park Street, between Hellman Avenue and Main Street is developed with residential units. This block also includes the Town Center at The Preserve commercial center which opened in 2023 and the Legacy Academy Elementary School which opened in July of this year. Directly adjacent to the school, the City of Chino community center with a county library and Glenn E. Duncan Park will be constructed . More recently, s everal MSA’s have been approved south of Pine Avenue, which will continue the buildout of The Preserve.
At the workshop, staff will be providing further background information on The Preserve and an update on the existing and future roadway and utility infrastructure in the area. Representatives from Chino Preserve Development Corporation and Falloncrest Farms will also be providing an update on their development progress within The Preserve, as well as provide demographic information of the residents in the community.
4 MEMORANDUM
CITY OF CHINO
DEVELOPMENT SERVICES DEPARTMENT
CITY COUNCIL MEETING DATE: SEPTEMBER 10, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: LINDA REICH, CITY MANAGER
SUBJECT
..titl e
City of Chino Planning Commission Sphere of Influence Commissioner. ..end
RECOMMENDATION
..recommendation
Discuss and c onsider the presentation of a draft Ordinance regarding the City’s Sphere of Influence Planning Commission participation and provide direction to staff. ..body
FISCAL IMPACT
There is no fiscal impact.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES The recommendation detailed above will 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
Responsible Long-Range Planning
5 CITY COUNCIL MEETING DATE: SEPTEMBER 10, 2024
TITLE: CITY OF CHINO PLANNING COMMISSION SPHERE OF INFLUENCE COMMISSIONER.
PAGE: 2
BACKGROUND
In response to a request by the City Council at its July 5, 2023 meeting , the Planning Commission provided feedback on the Planning Commission appointment process and terms .
Specifically, to address one of the main questions, the Planning Comm ission voted 6-0 against appointing future SOI Commission members to serve on the Planning Commission in a voting capacity but voted 4 -2 in favor of having the SOI members serve in an advisory, non -voting capacity.
Following the Planning Commission ’s feedback, at a workshop held on April 9, 2024 , the City Council considered the following questions:
1. Whether to add one or more members to the Planning Commission to represent areas within the City’s Sphere of Influence (“SOI”)? If so, should the SOI mem ber(s) be appointed to serve in a voting or advisory capacity?
2. Whether the Planning Commission meetings should be broadcast? Ultimately, the City Council considered all the information provided at the workshop and directed staff to return with a proposed ordinance implementing the following directives:
1. One SOI member is to be appointed from each SOI area – North SOI and South SOI.
2. The SOI members serve for a term of two years, allowing the SOI members to remain in the position until the conclusion of their term if their SOI area is annexed by the City during their term.
3. The SOI members serve in a voting capacity.
4. The SOI members should have the ability to vote on matters or items that apply city - wide, or which involve land within or in close proximity to the Sphere of Influence area in which the ex-officio member resides. On matters or items that apply city -wide, each ex- officio member will also serve as an alternate to the other ex -officio member, so that if one member is absent, unavailable, or otherwise un able to participate in a matter or item, the other member may participate in his or her place.
The Council also considered staff’s recommendation not to have the meetings broadcast considering the cost involved in having to hire additional staffing to broadcast the meetings.
Additionally, the Council considered the relatively low number of viewers that log in to watch Council meetings live, which would likely trend lower for Planning Commission meetings. The Council directed that the meetings are not broadcast at this time, but wished to revisit this issue in the future.
ISSUES/ANALYSIS
The attached draft ordinance implements the City Council ’s direction from its April 9, 2024 workshop. The ordinance is provided to the Council for informational purposes and staff seeks direction on whether to bring the ordinance back in its current form for formal action or make any changes.
As discussed at the Council workshop, all State and City rules pertaining to conflicts of interests would apply to the SOI members. As such, if a matter has a material financial impact on an SOI member’s finances or real property, that member would be required to recuse him/herself.
Additionally, Brown Act quorum rules would apply to the SOI Member s prohibiting the majority of the members from discussing matters within the Planning Commission’s jurisdiction outside of a publicly noticed meeting.
6 ORDINANCE NO. 2024-0XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO,
CALIFORNIA, AMENDING CHAPTER 2.36 (PLANNING COMMISSION) TO
PROVIDE FOR THE ADDITION OF TWO MEMBERS OF THE CHINO PLANNING COMMISSION FROM THE CITY’S SPHERE OF INFLUENCE, AND TO PROVIDE SUCH MEMBERS VOTING AND ADVISORY POWERS AS DEFINED THEREIN.
WHEREAS, Chapter 2.36 (Planning Commission) of Article 2 (Administration and Personnel) of the Chino Municipal Code (“CMC”) establishes the Chino Planning Commission to consider issues of planning and land use within the City and regulates the Planning Commission therein; and
WHEREAS, pursuant to Chapter 2.36, the Planning Commission has the power and duty to 1) review a nd recommend the City’s General Plan for the City Council’s adoption ; 2) review and decide on applications for tentative maps, special conditional use permits, site approvals, and major variances; 3) review and recommend to the City Council, applications for general plan amendments, specific plan amendments, zone changes, zone ordinance amendments, and development agreements; and 4) participate in the development and design review process; and
WHEREAS, a Sphere of Influence is the pro bable, or eventual, physical boundary and service area of a city. Pursuant to state law, a city’s Sphere of Influence is ultimately determined by a Local Agency Formation Commission (LAFCO), and land within a city’s Sphere of Influence may eventually become part of a city’s jurisdiction through annexation overseen by a LAFCO. The LAFCO of San Bernardino serves as liaison between the City of Chino and San Bernardino County in determining the Sphere of Influence of the City of Chino; and
WHEREAS, the Sphere of Influence of the City of Chino encompasses approximately 31 square miles. The current land area includes 18,938 acres with a Sphere of Influence area of approximately 1,548 acres that is divided in two large areas at the northwest end of the City. Most of the SOI land area has existing single-family residential and agricultural land uses, established over time in an informal pattern; and
WHEREAS, CMC Section 2.36.020 provides that the Planning Commission shall consist of seven members, appointed by the mayor with the approval of the City Council, and requires that all members of the Planning Commission be residents of the City at the time of their appointment and throughout their terms of office; and
WHEREAS, pursuant to City Council direction provided at the July 5, 2023 regular City Council meeting, the Planning Commission discussed and provide d input on the Planning Commission appointment process and terms at its regularly scheduled meeting on August 16, 2023. One of the items discussed was whether a Planning Commissioner should be appointed from the City’s Sphere of Influence. At this meeting, the Planning Commission voted 4-2 in favor for the appointment of a Planning Commissioner from the City’s Sphere of Influence in an advisory capacity; and
WHEREAS, during its regular October 10, 2023 meeting, the City Council considered the Planning Commission’s discussion, input, and vote from the August 16, 2023 Planning Commission meeting regarding the appointment o f a Planning Commissioner from the City’s Sphere of Influence in a voting or advisory capacity. At that meeting, the City Council directed 7 ORDINANCE NO. 2024-0XX
01225.0005/990558.1
staff to prepare a proposal for adding one or more members to the Planning Commission to represent areas within the City’s Sphere of Influence and participate in a voting capacity; and
WHEREAS, the City Council now desires to amend Chapter 2.36 of the Chino Municipal Code to allow for the appointment of two additional Commissioners to the Planning Commission to represent areas within the City’s Sphere of Influence.
NOW, THEREFORE, THE CITY COUNCIL OF 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 incorporated herein by this reference.
Section 2. Section 2.36.020 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline; deletions in bold strikethrough):
2.36.020 – Members – Appointment and term of office.
A. The planning commission shall consist of seven nine members. Each member shall be appointed by the mayor with the approval of the city council and shall serve for a term of four years . In the event that a member 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.
B. All Seven members of the planning commission shall be residents of the city at the time of their appointment and throughout their terms of office , and shall serve for a term of four years (full commission membership).
C. Two members of the planning commission shall be residents of the city’s Sphere of Influence area, as defined under California Government Code section 56076 and determined by the Local Agency Formation Commission of San Bernardino (LAFCO), at the time of their appointment and throughout their terms of office, and shall serve for a term of two years as ex-officio members. One ex-officio Sphere of Influence member shall be a resident of the North Sphere of Influence, and one member shall be a resident of the South Sphere of Influence. Should the portion of the city’s Sphere of Influence area in which the commissioner resides be annexed into the city, the commissioner shall complete his or her original term and may thereafter apply for full membership to the planning commission under subsection (B).
C.D. Notwithstanding the provisions of subsection A above, members of the commission shall continue in office until their successors are appointed by the mayor with the approval of the city council.
8 ORDINANCE NO. 2024-0XX
01225.0005/990558.1
Section 3. Section 2.36.030 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):
2.36.030 – Chairperson.
The planning commission shall select a chairperson and vice chairperson from among the non-ex-officio members, and the chairperson and vice chairperson shall serve a term of two consecutive years. The commission may create and fill such other offices as it may see fit.
Section 4. Section 2.36.060 of Chapter 2.36 of the Chino Municipal Code is hereby amended as follows (additions in bold underline ; deletions in bold strikethrough):
2.36.060 – Other powers.
The planning commission shall review and recommend, and the city council shall adopt, a general plan in accordance with the terms and provisions of section 65300, et seq., of the Government Code of the state, which is referred to and made part of this chapter. The planning commis sion shall have the power and duty to:
(1) review and decide applications for tentative maps, special conditional use permits, site approvals, and major variances; (2) review and recommend to the city council, applications for general plan amendments, spec ific plan amendments, zone changes, zone ordinance amendments, and development agreements; and (3) participate in the development and design review process.
Ex-officio members of the planning commission, as defined in Section
2.36.020(C), shall only have the ability to vote on matters or items that apply city-wide, or which involve land within or in close proximity to the Sphere of Influence area in which the ex -officio member resides. A matter or item before the planning commission will be considered to be in close proximity to the city’s Sphere of Influence area if it pertains to land within the city that lies within 300 feet of the city’s boundary with the Sphere of Influence area.
Except on matters or items that apply city-wide, each ex-officio member will also serve as an alternate to the other ex-officio member, so that if one member is absent, unavailable, or otherwise unable to participate in a matter or item, the other member may participate in his or her place.
Section 5. Severability. If any s ection, 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 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.
9 ORDINANCE NO. 2024-0XX
01225.0005/990558.1
Section 7. 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 ______________ 2024.
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 __________ 2024 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
By:
NATALIE GONZAGA, CITY CLERK
10