Chino City Council
November 5, 2024

8. Estimate the administrative fees and expenses associated with the prepayment, including the costs of computation of the Prepayment Amount, the costs of redeeming Bonds, and the costs of recording any notices to evidence the prepayment and the redemption. This amount is the “Administrative Fee.”

9. Calculate the “Reserve Fund Credit” as the lesser of: (a) the expected reduction in the applicable reserve requirements, if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirements in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the applicable reserve funds on the prepayment date.

Notwithstanding the foregoing, if the reserve fund requirement is satisfied by a surety bond or other instrument at the time of the prepayment, then no Reserve Fund Credit shall be given. Notwithstanding the foregoing, the Reserve Fund Credit shall in no event be less than zero.

10. The “Amount to Call Bonds” is equal to the sum of the Bond Redemption Amount, the Redemption Premium, and the Defeasance Cost, less the Reserve Fund Credit (the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds).

11. The Prepayment Amount is the sum of the Payoff Amount and the Administrative Fee.

12. From the Prepayment Amount, the Amount to Call Bonds will be transferred to the debt service fund and used to defease or call bonds pursuant to the fiscal agent agreement or escrow agreement; the Administrative Fee will be transferred to the Administrative Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement and used to pay administrative expenses; the remainder will be transferred to the Surplus Taxes Fund or functionally equivalent fund or account pursuant to the fiscal agent agreement.

With respect to the Special Tax A obligation that is prepaid pursuant to this Section G, the City Council shall indicate in the records of Improvement Area No. 11 that there has been a prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such prepayment to indicate the prepayment of the Special Tax A obligation and the release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such Special Tax A shall cease.

Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such full prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all Outstanding Bonds in each future Fiscal Year.
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SECTION H

PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAX A
The Special Tax A obligation of an Assessor's Parcel of Developed Property, Approved Property, Undeveloped Property, or Provisional Undeveloped Property, for which a building permit has been issued or is expected to be issued, as calculated in this Section H below, may be partially prepaid, provided that there are no delinquent Special Tax A, penalties, or interest charges outstanding with respect to such Assessor’s Parcel at the time the Special Tax A obligation would be prepaid.

The Partial Prepayment Amount shall be calculated according to the following formula:

PP = PG x F
The terms above have the following meanings:

PP = the Partial Prepayment Amount.

PG = the Prepayment Amount calculated according to Section G.

F = the percent by which the owner of the Assessor’s Parcel is partially prepaying the Special Tax A obligation.

With respect to any Assessor’s Parcel that is partially prepaid, the City Council shall indicate in the records of Improvement Area No. 11 that there has been a partial prepayment of the Special Tax A obligation and shall cause a suitable notice to be recorded in compliance with the Act within thirty (30) days of receipt of such partial prepayment of the Special Tax A obligation, to indicate the partial prepayment of the Special Tax A obligation and the partial release of the Special Tax A lien on such Assessor’s Parcel, and the obligation of such Assessor’s Parcel to pay such prepaid portion of the Special Tax A shall cease.

Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Special Tax A that may be levied on Taxable Property after such partial prepayment, net of Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and principal payments on all currently Outstanding Bonds in each future Fiscal Year. 303

SECTION I

MAXIMUM SPECIAL TAX B

1. Developed Property
Maximum Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel of Developed Property for each Land Use Type is shown in the Tables below.

On each July 1, commencing July 1, 2025, the Maximum Special Tax for Residential Property for the prior Fiscal Year shall be increased by (i) an amount equal to the percentage change increase in the Consumer Price Index for the twelve month period ending in March of the prior Fiscal Year, not to exceed 7%.

The Maximum Special Tax for Multifamily Residential Property and Non -Residential Property shall not increase.

TABLE 4

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 1
Land Use Type Building Square Footage Rate
Residential Property Less than 2,800 $1,082 per Unit
Residential Property 2,800 – 3,000 $1,125 per Unit
Residential Property 3,001 – 3,200 $1,168 per Unit
Residential Property Greater than 3,200 $1,200 per Unit Multifamily Residential Property N/A $10,054 per Acre
Non-Residential Property N/A $10,054 per Acre

TABLE 5

MAXIMUM SPECIAL TAX B RATES
FOR DEVELOPED PROPERTY WITHIN ZONE 2
Land Use Type Building Square Footage Rate
Residential Property Less than 2,700 $1,071 per Unit
Residential Property 2,700 – 2,900 $1,115 per Unit
Residential Property 2,901 – 3,100 $1,146 per Unit
Residential Property 3,101 – 3,300 $1,195 per Unit
Residential Property 3,301 – 3,500 $1,220 per Unit
Residential Property 3,501 – 3,700 $1,241 per Unit
Residential Property Greater than 3,700 $1,276 per Unit Multifamily Residential Property N/A $9,334 per Acre
Non-Residential Property N/A $9,334 per Acre
304

2. Approved Property, Undeveloped Property, and Provisional Undeveloped Property No Special Tax B shall be levied on Approved Property, Undeveloped Property , or Provisional Undeveloped Property.

3. Method of Apportionment of the Maximum Special Tax B Commencing with Fiscal Year 2025-26 and for each following Fiscal Year, the City shall levy the Special Tax B at up to 100% of the applicable Maximum Special Tax B, Proportionately on each Assessor’s Parcel of Developed Property until the amount of Special Tax B equals the Special Tax B Requirement.

SECTION J

PREPAYMENT OF ANNUAL SPECIAL TAX B
Special Tax B cannot be prepaid.

SECTION K

TERM OF SPECIAL TAX A AND SPECIAL TAX B
For each Fiscal Year that any Bonds are outstanding the Annual Special Tax A shall be levied on all Assessor’s Parcels subject to the Annual Special Tax A. If any delinquent Annual Special Tax A amounts remain uncollected prior to or after all Bonds are retired, the Annual Special Tax A may be levied to the extent necessary to reimburse Improvement Area No. 1 1 for uncollected Annual Special Tax A amounts associated with the levy of such Annual Special Tax A amounts, but not later than the 2068-69 Fiscal Year.

Special Tax B shall be levied in perpetuity as long as the Services are being provided.

SECTION L

EXEMPT PROPERTY
The City shall classify as Exempt Property within the applicable Zone, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses or classified as Agricultural Buffer Property, or (vi) other types of public uses determined by the City Council.

Notwithstanding the foregoing, the City Council for purposes of levying the Special Tax A shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 305

below. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property within the applicable Zone to less than the Acreage amounts listed in Table 6 will be classified as Provisional Undeveloped Property, and will be subject to the levy of Special Tax A pursuant to Step Five in Section F.

TABLE 6

MINIMUM TAXABLE ACRES
Zone Acres
Zone 1 6.68
Zone 2 7.25

SECTION M

APPEALS AND INTERPRETATIONS
Any property owner claiming that the amount or application of the Special Tax A or Special Tax B is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax A or Special Tax B that is disputed. A representative(s) of CFD No. 2003-3 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of Special Tax A or Special Tax B, and rule on the appeal. If the representative’s decision requires that the Special Tax A or Special Tax B for an Assessor’s Parcel be modified or changed in favor of the property owner, The representative shall take any of the following actions, in order of priority, to correct the error:
(i) if possible, amend the Special Tax levy on the property owner’s Assessor’s Parcel(s) for the current Fiscal Year, if prior to the payment date, (ii) require the CFD to reimburse the property owner for the amount of the overpayment to the extent of available CFD funds, or
(iii) grant a credit against, eliminate, or reduce the future Special Taxes on the property owner’s Assessor’s Parcel(s) in the amount of the overpayment.

The City may interpret this Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguity and make determinations relative to the amount of Administrative Expenses.

SECTION N

MANNER OF COLLECTION
The Annual Special Tax A or Annual Special Tax B shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that Improvement Area No. 11 may collect Annual Special Tax A and Annual Special Tax B at a different time or in a different manner if necessary to meet its financial obligations.

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APPENDIX B
Boundary Map

307
308
Corporate Headquarters
3750 McCray Street
Riverside, CA 92506
951.686.1070
Murrieta Office
41870 Kalmia Street #160
Murrieta, CA 92562
951.686.1070
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MEMORANDUM

CITY OF CHINO

DEVELOPMENT SERVICES DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024

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

SUBJECT
..titl e
Amendment of the 2021 -2029 Housing Element Update and Introduction of Ordinance No . 2024-003 (ZOA PL23-0133).
..end

RECOMMENDATION
..recommendation
1) Approve Resolution No. 202 4-004 adopting an amendment to the City of Chino 2021 -2029 Housing Element, including any additional non -substantive revisions required by the California Department of Housing and Community Development (HCD); 2) approve the introduction of Ordinance No. 2024-003, to be read by number and title only, and waive further reading of t he Ordinance; and 3) authorize the City Manager to file all documents with HCD on behalf of the City.
..body

FISCAL IMPACT
There is no financial impact by approving the 2021 -2029 Housing Element Update and amending the Zoning Code related to implementation of the Housing Element.

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

Revenue:

Expenditure:

Transfer In: Transfer Out:
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BACKGROUND
The 2021-2029 Housing Element (Housing Element) was originally adopted by the City Council on January 4, 2022, and a revised version was adopted on January 17, 2023. As part of the Housing Element implementation, the City Council also adopted an ordinance (Ordinance No. 2023-008) in April 2023, which added Section 20.09.090 (Overlay Dist ricts for Affordable Housing) to the Zoning Code to implement Programs 3B (AHO-Affordable Housing Overlay) and 3C (MUO - Mixed Use Overlay) identified in the Housing Element. The adoption of this ordinance was required for HCD to certify the City’s updated Housing Element.

Following adoption, the updated Housing Element and proposed Zoning Code amendments were sent to HCD for review. After completing its review, HCD advised that additional revisions to the Housing Element and to the Zoning Code related to Programs 3B and 3C, and adding the implementation of Program 3F (Candidate Sites Used in Previous Housing Elements) were needed for HCD to be able to certify the City’s Housing Element. Staff also made changes to Sections 20.04.030 (Use Regulations) and 20. 21.340 (Senior Housing Projects) of the Zoning Code to completely address HCD’s additional comments. The proposed changes are summarized below in the Issues/Analysis section of the staff report. HCD also advised the City that following the adoption by the City Council of the proposed revisions to the Housing Element and Zoning Code to address their additional comments, HCD will be able to finally formally certify the Housing Element as it will comply with all State requirements.

On December 20, 2023, the Pl anning Commission held a public hearing on the pending revisions to the Housing Element and Zoning Code. One concern raised by the Planning Commission was the requirement that mixed use projects allow for 100% of the site to be developed with residential u nits and not be required to provide for a retail component. The Commission was informed that any additional amendments to the Housing Element, including removing or adding overlay sites, would likely further delay certification of the Housing Element.

The Planning Commission ultimately recommended the City Council adopt the revisions to the Housing Element and Zoning Code with no recommended changes by a vote of 6-0 (1 absent).

On February 6, 2024, the City Council held a public hearing to consider adoption of the revised Housing Element and the related Zoning Code amendments. The City Council voiced several concerns during the hearing related to the proposed Zoning Code amendments. The primary concern, similar to the Planning Commission, was a proposed chan ge that would allow sites within the MUO to be developed 100% with residential units, which could reduce the amount of existing or future commercial space in the City. Other questions brought up by the City Council included the impacts of not adopting the Housing Element and/or Zoning Code amendments and possibly removing some of the MUO sites to help protect commercial properties. As a result of their concerns, the Council requested the Housing Element and related Zoning Code amendments be brought to a Feb ruary 13, 2024 City Council study session to discuss the issues, and that the public hearing of the Regular City Council meeting be continued to February 20, 2024. At the continuation of the public hearing on February 20, 2024, the City Council directed st aff to have the General Plan Ad Hoc Committee meet with HCD representatives to discuss options related to required changes to the City’s MUO and AHO ordinance based on the City Councils concerns.

On April 28, 2024, the Housing Element Ad Hoc Committee met with Paul McDougall, Housing Policy Manager for HCD, to discuss the City’s concerns and to seek alternatives to the Zoning Code amendments. Some of the potential options initially identified by Mr. McDougall included finding additional non -commercial sites to add to the AHO districts; increasing the density and 311
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adding capacity at other existing AHO sites; and the removal of some commercial sites from the MUO, thereby reducing the number of total overlay sites. Mr. McDougall indicated that he would further evaluate the options he provided and respond back to the City once he had a chance to review the language in both Measure M (adopted in 1988) and Measure Y (adopted in 2022), which created the overlay districts to implement the new Housing Element.

The Housing Element Ad Hoc Committee met with Mr. McDougall again on July 15, 2024, to discuss his findings. At that meeting, Mr. McDougall confirmed that , after reviewing Measure M and Measure Y, the existing ordinance (Ordinance No. 2024-003) would need to be amended to include all the changes he originally requested and were last presented to the City Council in February. His recommendation is mostly due to the inability of the City to include alternative overlay sites to replace some of the MUO sites if removed by the City Council, or to increase the capacity at existing AHO sites, since doing so would require the passage of another ballot measure to amend the provisions approved under Measure Y, and to satisfy the requirements of Measure M. Mr. McDougall added that removing any current MUO district sites without replacing them in other areas of the City to accommodate the required RHNA number puts the City at risk of not having a large enough buffer capacity as recommended by HCD.

Another Housing Element study s ession was conducted on October 8, 2024, to go over all the information gathered by staff regarding the City Council’s concerns. Following the discussion at the meeting, the City Council directed staff to bring back the Housing Element amendments and Zoning Ordinance amendment as previously proposed on February 6 and 20, 2024, based on all the previous discussions and HCD’s feedback. The Council also directed staff to begin working with affordable housing developers to see if it is possible to develop affor dable housing projects in the City that are 100% affordable, or that include a greater percentage of affordable units than identified in the MUO and AHO. It was also recommended by Staff, the Housing Element consultant, and HCD that the revised Housing Ele ment and related Zoning Code amendments be adopted now so the Housing Element can be certified by HCD to be in compliance with State law. Following certification, the Housing Element can be amended if directed by City Council to address any remaining conce rns, subject to another potential ballot measure to amend provisions under Measure Y and approval of HCD.

ISSUES/ANALYSIS
2021-2029 Housing Element Revisions (Resolution No. 2024-004) The proposed revisions have been implemented in the revised Housing Element in direct response to the comments received by HCD on the Housing Element that was adopted in January 2023. A summary of the revisions is as follows:
 Assessment of Fair Housing, including analyzing disparities in access to opportunity and local knowledge and data on past zoning actions and City investment within the community.
 Clear goals, priorities, metrics, and milestones to address identified contributing factors to fair housing issues.
 Analysis of non-vacant sites resulting in further information on market trends. No change in candidate housing sites was made as a result of this analysis.  Reduction in assumption of Accessory Dwelling Units developed throughout the planning period.
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 Zoning for a variety of housing types consistent with the requirements of State law.  Evaluate processing and permit procedures, including typical timeframes for review.  Successful approval of the Measure Y vote, which implemented the overlay districts for affordable housing.
 Additional outreach, including a requ ired seven -day public review period prior to resubmittal of the Housing Element to HCD.

Zoning Code Revisions (Ordinance No. 2024-003)
The proposed revisions to the Zoning Code are in response to the meetings with HCD, and its review of proposed options as noted above. HCD’s determination is that the revisions below are required to comply with State law (Government Code Section 65583.2). A summary of the revisions is as follows:
 The Housing Element includes a Sites Inventory, which, among other things, list s sites that could accommodate lower-income housing developments. Some of these sites were also included in the Sites Inventory of previous Housing Elements but were never developed with housing. If a developer proposes a housing project on one of those si tes that makes at least 20% of its units affordable to lower-income households, then the City is required by State law to review that proposed project ministerially, without requiring any discretionary permits or California Environmental Quality Act (CEQA) review. There are different requirements, as defined within the Housing Element, depending on whether the site is vacant or nonvacant and how many previous elements the site has been included in. The proposed revisions to CMC Section 20.04.030 would imple ment this requirement.
 State law requires that sites with mixed use projects built in the MUO must reserve at least 50% of their floor area for residential use. The City is also required to allow projects to be 100% residential in the MUO, if proposed. The revisions to CMC 20.09.090 would implement these requirements.
 Similar to the first bullet point, State law requires that if a developer proposes a housing project in the AHO or the MUO that makes at least 20% of its units affordable to lower - income house holds, then the City is required to review that proposed project ministerially, without requiring any discretionary permits or CEQA review. The proposed revisions to CMC Section 20.09.090 would implement this requirement.  State law requires that the develo pment standards in the AHO and MUO zones must allow at least 16 units per site. The proposed revisions provide that the City will not enforce applicable development standards to the extent that they would physically preclude the development of at least 16 units on a site in the AHO or MUO.  Senior Housing is permitted to be developed in both the AHO and the MUO, pursuant to the standards set forth in Section 20.09.090. State law requires that all residential projects, including senior housing, on sites in th e AHO or the MUO be permitted to develop at a minimum density of 20 units per acre. The proposed revisions to CMC

20.09.090 and 20.21.340 clarify the density requirements for senior housing projects in the AHO or the MUO. Senior Housing is also permitted t o be developed in other residential zoning districts as well as various commercial zoning districts. Projects developed outside the AHO or MUO are subject to the development standards of the 313
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RD20 zoning district, which has a maximum density of 20 units per acre.

Environmental Review
On April 18, 2023, the City adopted an Addendum to the 6th Cycle Housing Element Update (2021-2029) Project Negative Declaration (ND) pursuant to Section 15164 of the CEQA Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code. Th e Addendum determined that the project was within the scope of the ND, which adequately described the activity for the purposes of CEQA, and included findings supported by substantial evidence that there was no potential for a significant effect on the env ironment attributable to the adoption of the Section 20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

PUBLIC NOTICE
A 1/8 th page 10 -day notice was published in the Chino Champion on October 26, 2024. In addition, the City sent information out on its social media platforms. The notices exceed legal noticing requirements. To date, no comments have been received. If any comments are received after the posting of the staff report, they will be addressed at the City Council hearing.

Attachments:

1. Resolution No. 2024-004

2. 2021-2029 Housing Element (strike out and underline version) (use link below)

3. Ordinance No. 2024 -003 ame nding Sections 20.04.030 (Use regulations), 20.09.090 (Overlay districts for affordable housing), and 20.21.340 (Senior housing projects)

https://www.cityofchino.org/591/Environmental-Documents

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01225.0005/942388.1
ORDINANCE NO. 2024-003

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHINO, CALIFORNIA, AMENDING SECTIONS 20.04.030,

20.09.090, AND 20.21.340 OF THE CHINO MUNICIPAL CODE

REGARDING OVERLAY DISTRICT S FOR AFFORDABLE
HOUSING AND SENIOR HOUSING PROJECTS.

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

Section 1. A new subsection ( D) is hereby added to Section 20.04.030 (Use regulations) of the Chino Municipal Code and shall read as follows (additions in red):

D. Uses by right.

1. Notwithstanding the other provisions of this Section 20.04.030, and in accordance with Government Code Section 65583.2(c), as may be amended, a housing development project in which at least 20 percent of the units are affordable to lower -income households shall be a use by right on the following sites:

a. Nonvacant Sites. A nonvacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accommodating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for a prior Housing Element planning period; and

iii. The site was not approved to develop a portion of the City’s housin g need during the previous planning period when the site was in the Sites Inventory.

b. Vacant Site. A vacant site that meets the following requirements:

i. The site is designated in the Sites Inventory of the 202 1-2029 Housing Element Update as accomm odating a portion of the regional housing need for lower - income households;

ii. The site was included in the Sites Inventory in a Housing Element for two or more consecutive prior Housing Element planning periods; and

iii. The site was not approved to develop a portion of the City’s housing need during the previous planning periods when the site was in the Sites Inventory.

2. The projects described in subsection (1) shall not be required to obtain any discretionary permit, but shall be subject to the review procedures in Section 20.09.090(K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

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01225.0005/942388.1

3. For purposes of this subsection (d), the following terms have the following meanings:

a. “Affordable to lower-income households” means that:

i. The units shall only be rented or sold to lower -income households, as defined in Health and Safety Code Section 50079.5;

ii. Regardless of whether the applicant is seeking a density bonus, the applicant shall comply with the requirements in Government Code Section 65915(c)(1) for rental units and with the requirements in Government Code Section 65915(c)(2) for for-sale units.

b. “Housing development project” shall h ave the meaning given in Government Code Section 65589.5(h)(2).

c. “Sites Inventory” means the inventory of sites in the City suitable for residential development that is included in the City’s Housing Element, as further described in Government Code Sect ion 65583.2. The Sites Inventory in the City’s 20 21-2029 Housing Element Update is in Tables B-6 and B-7 of the Housing Element.

d. “Use by right” means that the project shall not require a conditional use permit, planned unit development permit, or othe r discretionary review or approval that would constitute a “project” for purposes of the California Environmental Quality Act.

However, any subdivision of the site shall be subject to all laws, including, but not limited to, the Subdivision Map Act and Ti tle 16 of this code. Projects that are a use by right shall be subject to design review, but such design review shall not constitute a “project” for purposes of the California Environmental Quality Act.

Section 2. Section 20.09.090 (Overlay districts for affordable housing) of the Chino Municipal Code is hereby revised to read as follows (additions in red; deletions in bold strikethrough):

20.09.090 - Overlay districts for affordable housing.

A. Purpose and intent. The purpose of the overlay districts for affordable housing - the affordable housing overlay (AHO) district and the mixed use overlay (MUO) district - is to promote the development of affordable housing for low and very low -income households in specific areas identified in the general plan at densities of up to thirty dwelling units per acre if affordability requirements established in this section are met. More specifically, the AHO and MUO allow residential uses where they would not otherwise be allowed and provide for additional density in return for projects providing more affordable housing. The AHO is intended for standalone affordable housing projects, while the MUO provides for mixed use development with affordable housing either on upper floors or in separate buildings. This section al so provides the residential development community two alternatives for construction of affordable housing within market-rate development and offers a streamlined process for administrative review of qualifying projects with affordable housing using checklists and objective standards as required by state law.

B. Relation to base zoning. The AHO and MUO district regulations shall apply in the case of a conflict with the base zoning district regulations when a housing project is proposed.

However, when an applicant proposes only non-residential uses, then only the base zoning 316
Ordinance No. 2024-003

01225.0005/942388.1
district land use regulations and development standards apply. The AHO and MUO regulations and development standards only apply to proposed housing projects.

C. Permitted uses. Table 2 0.09-4 identifies residential land uses permitted in the AHO and MUO districts in addition to the uses that are permitted within the existing base zoning district.

TABLE 20.09-4: ADDITIONAL LAND USES PERMITTED IN AHO AND MUO DISTRICTS Uses
District
Additional Regulations AHO and
MUO
Residential Uses
Accessory
Dwelling Units P Section 20.11.020
Multiple-Family
Dwellings P
Senior Housing
Projects P Section 20.21.340 with additional density allowed for affordable housing under criteria established in this section Warehousing and Storage
Public Storage C - MUO
only Sections 20.21.210 and 20.09.090(E)(4)

D. Required density and increased density for affordable housing.

1. Minimum and maximum density.
a. Rental projects. The maximum density for residential development with rental units in the AHO and MUO districts shall be twenty -six units per adjusted gross acre unless a project qualifies for additional density by providing more affordable housing pursuant to subsection (2) belo w or qualifies for additional density under state law under subsection (3) below, or both. The minimum density shall be twenty-six units per adjusted gross acre.
b. For sale projects. The maximum density for residential development with for -sale units in the AHO and MUO districts shall be thirty units per adjusted gross acre provided that at least three percent of the units are available for purchase by moderate income households at an affordable purchase price. The minimum density shall be twenty-six units per adjusted gross acre. c. Minimum density. The minimum residential density in the AHO and MUO districts shall be twenty-six units per adjusted gross acre.

2. Additional density for affordable rental housing. An increase in the maximum density is allowed, as shown in Table 20.09 -5, for qualifying residential development with rental units if the percentage of low -income units meets or exceeds the percentages shown, provided that the maximum density shall not exceed thirty units per adjusted gross acre.
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TABLE 20.09-5: ADDITIONAL DENSITY FOR QUALIFYING AFFORDABLE

RENTAL HOUSING PROJECTS IN AHO AND MUO DISTRICTS
Maximum Allowable Density
(Units per Adjusted Gross Acre)
26 27 28 29 30
Percent Affordable Units Required in Rental Projects:

Low Income Units 9 10 11 12 13

3. Additional density under state law. Applicants also may be eligible for a density bonus, incentives, and/or concessions under the state density bonus law, the Affordable Housing and High Road Jobs Act of 2022, and other applicable state laws.

E. Additional land use regulations for MUO district.

1. Types of mixed use allowed. Both horizontal and vertical mixed use development shall be allowed in the MUO district.
a. Horizontal mixed use development allows a range of uses adjacent to one another, either in separate buildings or parcels. Individual buildings may share project components, such as parking, serving, loading, and utility areas. b. Vertical mixed use allows for a mix of uses within a single building whe re non - residential uses occupy the ground floor and residential uses are on the upper levels. A vertical mixed use project may have surface parking, subterranean parking decks, and/or at grade and above grade parking decks.

2. Minimum amount of retail and service uses residential use required in a mixed -use project. In a mixed use project, at least ten fifty percent of the gross floor area shall be reserved for residential use. and occupied by retail shops, eating and drinking establishments, retail banks , financial and business services, or businesses offering personal services. If the project is within or adjacent to a shopping center or regional retail complex, this requirement for on -site retail uses shall be reduced to five percent.

3. One hundred pe rcent residential use allowed. Projects developed in an MUO district may be one hundred percent residential. No minimum percentage of non -residential uses is required.

34. Active and pedestrian-oriented frontages required. Along the primary building frontage, active ground floor uses are required in mixed use buildings with residential uses above commercial uses for at least sixty percent of street -facing spacing. These may include retail shops, eating and drinking establishments, retail banks, financial and business services, personal services, and offices for walk -in clientele, such as employment agencies, insurance offices, real estate offices, travel agencies, and offices for elected officials. For residential only buildings along a primary building frontage, an active frontage with a pedestrian orientation can include windows and glass doors, stoops and steps, covered entries, and windows providing views into active space within the building, such as lobbies and gyms. The director of development services also may allow these active and pedestrian-oriented frontages to be provided along private streets, interior walkways, and around plazas and courtyards 318
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within the interior of a mixed use project rather than on exterior frontages facing arterial streets.

45. Public storage facilities. In addition to the requirements of Section 20.21.210, public storage shall comply with the following standards:
a. Minimum site size. Public storage facilities are only allowed within mixed use development on sites with of five acres or more.
b. Setbacks. Public storage facilities shall be setback a minimum of fifty feet from front and street side property lines.
c. Maximum building height. If freestanding, the maximum building height for a public storage facility shall not exceed the building height of an adjacent residential only or mixed us building.
d. Maximum floor area. The maximum floor area for public storage facilities on a site shall not exceed twenty -five percent of the gross floor area for all residential and non-residential uses.
e. Exterior building materials. The exterior building materials, colors, and finishes of the public storage facility shall be the same as those used for residential and mixed use buildings on the project site to create a unified appearance. f. Building articulation. The building facades of public storage facilities that face streets or residential and mixed use buildings in a project shall include building projections or recesses, doorways or window trim, and other details tha t provide architectural articulation and visual interest.
g. On-site management. On -site, twenty -four-hour management shall be provided, and the planning commission may establish specific hours of operation as a condition of approval of a conditional use permit for a public storage facility.

F. Development standards for the AHO district. All residential development in the AHO district shall comply with the development standards in Table 20.09-6 and the supplemental design standards following the table; and with the multiple -family residential design standards in Section 20.17.050 to the extent these are not superseded by the supplemental design standards following the table. If no housing is proposed, then non -residential development must comply only with the standards of the base zoning district with which the AHO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-6: DEVELOPMENT STANDARDS FOR RESIDENTIAL

DEVELOPMENT IN THE AHO DISTRICT
Feature Standard Additional Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 65%
Maximum Floor Area Ratio (non-
residential space) 0.85 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter 20.10.060
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Building Form and Location
Maximum Building Height 40 feet Note 2
Minimum Setbacks:

Front 15 feet Notes 3, 4, and 5
Rear 10 feet; 15 feet if adjacent to a
Residential or Industrial district See also subsection (F)(1).

Interior Side 5 feet; 10 feet if adjacent to a
Residential district
Street Side 10 feet Chapter 20.18 and
Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading
for non-residential uses See Chapter 20.18 (Parking)
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 for projects with affordable rental units. The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.125 increase in allowable FAR. [2] Additional height is allowed up to 45 feet for lots with at least 100 feet of primary street frontage to enable provision of sloped roofs and common open space for recreational facilities.

The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a residential zoning district. [3] The front setback may be reduced to 10 feet on the following streets: Riverside Drive and Central Avenue.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer than 12 feet to the front property line and 5 feet to the street side property line.
[6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate affordable housing units.

1. Required side and rear yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the bu ilding wall containing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
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c. For all other walls containing windows, a setback of at least five feet shall be provided.

2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 6 0, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary street frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor residential uses are proposed, a minimum fifteen -foot setback is proposed, and substantial landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or dining area;
c. The building incorporates an alternative entrance design that creates a welcoming entry facing the street.

3. Building entrances.
a. Principal building entries shall front upon the primary street or be in a visually - prominent location as determined by the director of development services. b. Building entries s hall be accented with features such as moldings, lighting, overhangs, or awnings.

4. Building mass and scale.
a. To reduce upper-story building mass, floorplates for the third story and above shall not exceed eighty percent of the ground -floor floorpla te. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the top of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet.

5. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites over two acres in size shall incorporate such features as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fount ains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian con nections shall be provided between parking areas and buildings.
d. All sidewalks, crosswalks, courts, plazas and residential buildings shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities. 321
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6. Parking.
a. Parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear half of the site or within a parking structure. b. Multi-story parking structures within twenty -five feet of a street frontage shall be lined with foundation landscaping at the ground floor.
c. Building siting and parking design shall maximize opportunities for s hared parking, access entries, and driveways in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

7. Landscaping.
a. Street trees shall be included along all street frontages with multi -family housing development. Trees shall be selected from a list of city -approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

G. Development standards for th e MUO district . All residential -only buildings and mixed use development with residential units in the MUO district shall comply with the development standards in Table 20.09-7 and the supplemental design standards following the table, and with the multipl e-family residential design standards in Section 20.17.050 and the mixed use design standards in Section 20.17.060 to the extent these are not superseded by the supplemental design standards following the table. Non -residential development shall comply wit h the standards of the base zoning district with which the MUO district is combined and the commercial design standards in Section 20.17.070.

TABLE 20.09-7: DEVELOPMENT STANDARDS FOR RESIDENTIAL AND

MIXED USE DEVELOPMENT IN MUO DISTRICT
Feature Standard Additional
Regulations
Site Requirements
Minimum Lot Area 10,000 sq. ft.

Minimum Lot Width 100 feet
Maximum Lot Coverage 80%
Maximum Floor Area Ratio (non-
residential space) 1.0 Note 1
Minimum Landscape Coverage 15% See Chapter 20.19
Refuse Storage and Recycling See Chapter

20.10.060
Building Form and Location
Maximum Building Height 50 feet Note 2
Minimum Setbacks (ft.):
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Front 10 feet; 15 feet if ground floor is
residential Notes 3 and 5
Rear 10 feet; 15 feet adjacent to a
Residential District See also subsection
(G)(1).

Interior Side 0 feet; 10 feet adjacent to a
Residential district
Street Side 10 feet Notes 3, 4, and 5
Minimum Building Separations 15 feet
Other Requirements
Off-street parking and loading for
non-residential uses See Chapter 20.18
Street curb cuts Note 6
Notes:
[1] Additional FAR is allowed up to 1.25 in mixed use development with affordable rental units.

The amount of additional FAR shall be calculated based on the increase in density allowed for qualifying projects meeting affordable housing criteria. For example, if a project receives a one unit per acre increase in density, then it receives a 0.0625 increase in allowable FAR. [2] Additional height is allowed up to 55 feet for lots with 100 feet of street frontage to enable provision of sloped roofs and common open space for recreational facilities. The upper story above 40 feet shall be setback back an additional seven feet from the interior property line if the project is adjacent to a Residential zoning district.
[3] A minimum 15 feet of front and street side setback shall be provided along primary and secondary arterial streets. A reduced front setback may be allowed on the following streets:

Riverside, Central, and Euclid.
[4] A minimum 20-foot setback must be provided for garages and carports facing a street. [5] Open or covered porches may be constructed in the front and street side setbacks to encroach no closer
than 12 feet to the front property line and 5 feet to the street side property line. [6] New street curb cuts are not allowed on lots with alley access unless approved by the director of development services and the city engineer to accommodate for affordable housing units.

1. Required side and re ar yards for residential uses. In order to provide light and air for residential units and additional separation for rooms that contain areas that require additional privacy considerations, the following minimum setbacks shall apply to any building wall containing windows and facing an interior side or rear yard. The required setbacks apply to that portion of the building wall containing and extending three feet on either side of any window.
a. For any wall containing living room or other primary room windows, a setback of at least fifteen feet shall be provided.
b. For any wall containing sleeping room windows, a setback of at least ten feet shall be provided.
c. For all other walls containing windows, a setback of at least five feet shall be provided.
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2. Required building wall on designated streets. Along Riverside Drive and Central Avenue south of Highway 60, building walls shall be constructed along or within ten feet of the front property line for a minimum of seventy percent of the primary stree t frontage and forty percent on secondary street frontages. This requirement may be waived by the director of development services upon finding that:
a. Ground-floor residential uses are proposed, a minimum fifteen -foot setback is proposed, and substanti al landscaping will be located between the build -to and ground-floor residential units as a buffer;
b. Entry courtyards, plazas, entries, or outdoor eating areas are located between the build-to line and the building and buildings are constructed at the edge of the courtyard, plaza, or dining area;
c. The building incorporated an alternative entrance design that creates a welcoming entry facing the street.

3. Required ground floor transparency for non -residential uses. Exterior walls for non - residential ground -floor uses facing and within twenty feet of a front or street side property line shall include windows, doors, or other openings for at least sixty percent of the building wall area between two feet and eight feet above the sidewalk. No wall shall run in a horizontal plane more than twenty-five feet without an opening. a. Openings fulfilling this requirement shall have transparent glazing and provide views into display areas, sales areas, work area, lobbies or other active spaces, and window displays shall be at least three feet in depth. b. Parking garages are not required to meet these transparency requirements. c. Alternatives to the building transparency requirement may be approved by the director of development services for uses that hav e unique operational requirements making windows or doors infeasible or for street-facing building walls that exhibit architectural relief and detail with landscaping that creates visual interest at the pedestrian level.

4. Building entrances.
a. Principal building entries shall front upon the primary street. b. Building entries shall be accented with features such as moldings, lighting, overhangs, or awnings.

5. Building mass and scale.
a. To reduce upper -story building mass, floorplates for the fourth story shall not exceed eighty percent of the ground -floor floorplate. The director of development services may waive this requirement upon finding the architectural articulation of exterior walls and a sloped roof modulates the visual mass of the to p of the building and avoids the appearance of a box-like structure. b. Buildings that are more than one hundred fifty feet in length shall include a minimum two-foot vertical variation in height for at least fifty feet. c. To maintain a human -scale at the street level where ground floor commercial space is provided, building storefront widths shall not exceed thirty feet without a recess or a break, which may be a building entry or a separate display window. d. Minimum ground floor height for commerc ial uses, including retail shops, restaurants, and offices: fourteen feet.
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6. Pedestrian orientation and accessible pedestrian facilities on designated streets. a. Along Riverside Drive and Central Avenue south of Highway 60, all development on sites o ver two acres in size shall incorporate features such as plazas, interior walkways, canopies, arcades, paseos, ornamental gates, trellises, lighting, plant materials, seating, fountains, or other similar features, as appropriate, to support and enhance pedestrian spaces.
b. Outdoor pedestrian space shall be landscaped and shall include appropriate street furniture to encourage pedestrian activity.
c. Clearly marked pedestrian connections shall be provided between parking areas and buildings.
d. Encroachments into the public right -of-way are allowed for outdoor seating in conjunction with full -service restaurants and food retailers, provided a minimum six-foot wide walkway and pedestrian clear zone is maintained, and the outdoor eating area is contiguous with interior eating space and does not encroach into the public right-of-way of an adjacent business. An encroachment permit issued by the city is required, and a fee may be charged.
e. All sidewalks, crosswalks, courts, plazas, and residential buildi ngs shall be designed to be safe, accessible, and convenient for individuals of all abilities, whether travelling by foot, wheelchair, or other mobility aid, consistent with the city's adopted policy on accessible pedestrian facilities.

7. Parking.
a. Long-term parking and residents' guest parking areas are prohibited between the building and primary street edge. On-site parking shall be in the rear of buildings in the back half of the lot or development site. Short -term drop-off spaces, short-term parking for retail shops, and a limited number of parking spaces for guests of residents may be allowed with valet service in courtyards and at building entries with approval of the planning commission.
b. Multi-story parking structures within twenty -five fe et of a street frontage shall be buffered with foundation planting or lined with commercial, retail, or residential use at the ground floor.
c. Building siting and parking design shall maximize opportunities for shared parking, access entries and drivewa ys in order to minimize the number of curb cuts and thus limit possible conflict between pedestrians and automobiles. d. Whenever possible, vehicle access shall be provided from side streets and alleys to limit the number of driveways along arterial streets.

8. Landscaping.
a. Street trees shall be included along all street frontages of mixed-use development.

Trees shall be selected from a list of city -approved trees and shall be approved by the director of development services prior to installation. b. Where pedestrian paths or walkways cross parking areas or driveways, the paths shall incorporate landscaping and decorative paving to define the pedestrian space.

H. Open spaces standards for residential projects. The open space requirements of the multiple-family residential design standards in Section 20.17.050 for private areas and 325
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common areas shall apply to all proposed residential development and to residential units in mixed use development with the following modifications. Private areas shall consist of balconies, decks, patios, or fenced yards directly accessible from the residence. Common areas shall consist of landscaped areas, walks, patios, swimming pools, picnic and barbeque areas, playgrounds, children's play areas, playing courts, turf, rooftop areas, gym and fitness facilities, space for yoga, dance and instruction, or other such improvements as are appropriate to enhance the outdoor living environment of the development and to provide recreational facilities for residents. Landscaped courtyard entries that are oriented towards the public street and create a welcoming entry feature are also considered common areas. All areas not improved with buildings, parking, vehicular accessways, trash enclosures, and similar items or devoted to per imeter landscaping shall be developed as common areas with the types of attributes described above.

1. Minimum amount of outdoor living area (private or common open space). The minimum percentage of net lot area devoted to permanent open space is twenty percent, and the minimum area to be devoted to outdoor living area (private or common open space) shall be four hundred square feet per unit.

2. Minimum amount of private open space. The minimum amount of private open space shall be at least twenty-five percent of the amount of outdoor living area required. This space shall be provided on patios, decks or balconies shall be as follows:
a. Ground floor units: one hundred fifty square feet patio with a minimum horizontal dimension of ten feet or seventy -two square foot deck with a minimum horizontal dimension of six feet; and
b. Upper level units: seventy-two square feet with a minimum horizontal dimension of six feet.

3. Minimum amount of common open space areas. A minimum of sixty-five percent of the required outdoor living area shall be provided as common open space with a minimum horizontal dimension of twenty feet. This common open space shall be a well - designed, coherent area that is an essential component of the project's design, not merely space left over after the building mass is placed. a. Landscape areas having minimum dimensions of less than twenty feet but at least five feet at any point which are contiguous with and an integral part of the common open space or are connected to the common open space by walkways, may be included in calculating the area of such space. Non -contiguous landscape areas proposed to be included shall not exceed twenty percent of the total area of common open space.
b. Up to one-half of covered patio areas designed to be commonly used by residents of a development may be included in calculation of common open space provided such area does not comprise more than twenty -five percent of the total common open space.
c. Up to fifteen percent of the required common op en space area may be provided within a recreational building.

4. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood plan king, concrete, or other serviceable, dust -free surfacing. The maximum slope shall not exceed ten percent.
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5. Accessibility.
a. Private open space . The space shall be accessible to only one living unit by a doorway to a habitable room or hallway.
b. Common open space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room.

6. Recreational facilities requirements. In high density multi -family or mixed use development with a minimum of twenty -five dwelling units per gross adjusted acre, essential recreational facilities, as prescribed below, may be proposed in lieu of the requirements of major and minor facilities in Section 20.17.050(C) which require more land than may be available in a high density project. These essential recreational facilities may include: 1) a gym or fitness room, 2) space for yoga, dance, or other instruction, 3) enclosed or outdoor space for playing courts or games, 4) children's play area, 5) picnic and barbeque area, or 6) children's daycare space. At least two hundred fifty square feet per unit shall be provided for these recreational facilities, and there shall be a minimum of two of these facilities in projects with ten to fifty units, three of these facilities in projects with fifty-one to one hundred units, and four or more of these facilities in projects with more than one hundred units. No essential recreational facilities are required in a small project, wi th less than ten dwelling units. The space allocated for recreational facilities shall count toward the requirement for common open space, and this space may be within buildings.

I. Minimum affordable housing requirement.

1. Requirement. Residential development projects in an AHO and an MUO district with ten or more dwelling units shall provide the following minimum numbers of affordable housing units:
a. Rental projects: nine percent of the total units affordable to low-income households at an affordable rent.
b. For-sale projects: three percent of the total units in a common interest development for moderate income households at an affordable sales price, provided that all of the units are offered to the public for purchase. c. Projects with both rental units and for sale units: The minimum numbers shall be calculated separately for each type of housing.

2. Calculations. All calculations of the number of affordable units required to be built on - site in a project that result in fractional units s hall be rounded up to the next whole number.

3. Common owners and control . An applicant for development within an AHO or MUO district shall not avoid the requirements of this section by submitting piecemeal planning applications. At the time of the first application for residential development, the applicant shall identify all contiguous property under common ownership and control. The applicant shall not be required to construct housing on contiguous property but must include such property in a comprehensive affordable housing plan.

4. Income qualifications. Household income qualifications shall be those established by the California Department of Housing and Community Development each year for San Bernardino County, as adjusted for household size, purs uant to California Code of Regulations, Title 25, Section 6932, and Health and Safety Code Section 50093. 327
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5. Location, size, design, and distribution of affordable units. Affordable units shall have the same bedroom and bathroom count ratio as the market rate units in a project, be equally distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. The affordable housing units shall be integrated with other housing units in the housing development with regard t o siting and placement within buildings and shall not differ in exterior appearance from the other housing units. The location of the affordable housing units may or may not be on contiguous parcels within the site. In no event shall the affordable housing units be located in only one portion of the housing development or situated in one building of a multi-building development.

6. Timing of construction. All required affordable units shall be made available for occupancy prior to, or concurrently with, t he market -rate units. The affordable units may be constructed in phases if the market -rate units are constructed in phases, provided that the percentage of affordable units developed in each phase shall be equivalent to or greater than the total percentage of affordable units to be developed as part of the residential development until such time that all the affordable units have been built.

J. Alternatives. In lieu of providing the affordable units in the housing development project required by Section 2 0.09.090.D. and I., the requirements of those subsections may be satisfied through one or more of the alternatives set forth below.

1. In-lieu fee.
a. For housing development projects proposing up to twenty units, the developer may, by right, pay a fee in lieu of providing affordable units on site. b. For housing development projects proposing more than twenty units, the developer shall only be allowed to pay in -lieu fees if the planning commission makes a finding that providing affordable units on -site would result in an extreme financial hardship to the developer and make the proposed project financially infeasible. The developer shall submit a request to pay a fee in lieu of providing affordable units on site as part of the project application. Such request shall include sufficient documentation and financial analysis to allow the planning commission to make the required findings. At the city's discretion, the city may contract with a third -party financial consultant to evaluate the documentation and analysis submitted by the applicant and make a recommendation to the city regarding the issues of extreme financial hardship and financial infeasibility. The developer shall be required to reimburse the city for all costs related to hiring any such third -party consultant, which shall be in addition to any other required application fees. The demonstration of financial hardship and infeasibility may be based on, among other things, such factors as project size, site constraints, and/or excessively large aff ordability gaps, or upon a demonstration that in the absence of allowing for payment of in -lieu fees, the imposition of the affordable housing production requirements in this section would violate the California and/or United States Constitutions because i t would be a regulatory taking of property without fair and just compensation.
c. In-lieu fees shall be paid as follows:
(i) The amount of the fee shall be calculated using the fee schedule established by resolution of the city council at the time the fee is paid. (ii) One-half of the in-lieu fee required by this subsection shal l be paid (or a letter of credit posted) prior to issuance of a building permit for all or any part of the 328
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housing development project. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the housing developme nt project. In a phased project, payment of fees also may be allowed in phases, corresponding to the number of units in each phase.
(iii) The fees collected shall be deposited in the overlay district affordable housing fund established by Section 20.09.090(M).

2. Land dedication. In lieu of providing affordable units on -site, a developer may request city council approval to dedicate land to the city or to a city -approved affordable housing developer that the director of development services determines i s suitable for the construction of the required number of affordable units and is within one mile of the project site. To accept a land dedication in lieu of on -site affordable units, the city council must determine the fair market value of the dedicated l and is equivalent to or greater than the amount of in -lieu fees that would have been needed to satisfy the housing development project's affordable housing obligation and that the required number of units for very low -income residents will be built on this land based on a proposed conceptual site plan and proforma financial analysis demonstrating project feasibility with available funding.
a. The developer must submit evidence that the land proposed to be dedicated is under the developer's control, will b e conveyed at no cost to the city or a city - approved affordable housing developer with experience building rental housing for very low-income households, is free of any liens, all property taxes and special taxes have been paid, does not contain any hazard ous materials, has the appropriate general plan designation and zoning to allow construction of the required number of units, and has the necessary infrastructure and public improvements to support the required number of affordable units. Only sites within an AHO or MUO district that are within one mile of the project site can be considered for land dedication.
b. The developer must disclose whether any hazardous materials were previously contained on the site; and hazardous materials were previously reme diated, the developer must provide evidence that the cleanup was performed in accordance with applicable law.
c. The land proposed for dedication cannot have been improved with any residential use for at least five years prior to the submission of a land dedication proposal. d. The affordable units to be constructed on the dedicated land shall be at least twenty percent of the total number of units in the project, and these units must be rental units affordable to very low income households.

3. Off-site construction. A market -rate developer may enter into an agreement with an affordable housing developer to construct, own, and operate affordable rental housing units required by Sections 20.09.090(D) and (I), provided:
a. The affordable housing develo per is approved by the director of development services on the basis of recent relevant experience;
b. The affordable housing developer does not request any financial assistance from the city;
c. The affordable rental housing units shall be constructed prior to or concurrently with the market -rate development triggering the affordable housing requirement; and
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d. At least twenty percent of the total number of units to be built on the site shall be rental units affordable to very low-income residents.

K. Review procedures.

1. Preliminary review. A developer requesting additional density above twenty -six units per adjusted gross acre for a rental project under Section 20.09.090(D) shall submit an application for preliminary review, accompanied by the required application fee, for feedback prior to the submittal of any formal requests for approval of additional density.

The purpose of the preliminary review is to determine whether the proposed development is in substantial compliance with applicable pla nning regulations and to establish the basis and procedures for granting the additional density. The following information is required to be submitted for preliminary review in the form of a proposed affordable housing plan in addition to information requi red by the department's preliminary review checklist:
a. Evidence that the project includes the qualifying percentages of affordable units set forth in Section 20.09.090(D) to justify the additional density requested; b. Calculations showing the maximu m base density and the density with the additional units;
c. Number and percentage of total units that are proposed to meet affordability criteria and the income level to which the units will be restricted; and d. A description of any proposed waivers or reductions of development standards or other zoning requirements, consistent with the provisions of Government Code Section 95915(k).

2. Site approval required. All residential development or mixed use development with residential units in an AHO or M UO district shall require approval of a site approval application as outlined under Section 20.23.090. For residential development and mixed use development with residential units, design review by the planning commission shall be undertaken only to determ ine compliance with the city's objective design standards using the site approval process.

3. Additional findings for approval. The planning commission shall grant a site approval if it makes the findings required by Section 20.23.090 and the following a dditional findings:
a. The proposed development meets the affordability criteria for the requested density in accordance with the requirements of subsection (D) and (I); and b. The increased density would not have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment or on any real property listed in the California Register of Historic Resources.

4. Conditions of approval. The plann ing commission has the authority to impose reasonable conditions that are related and proportionate to what is being requested by the applicant, as deemed necessary and appropriate to ensure that the provisions of the general plan, any applicable specific plan adopted by the city council, and this title are met, including requirements for needed off -site public improvements. The commission may require reasonable guarantees and evidence that such conditions are being, or will be, met.
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5. Special procedures for projects with at least 20 percent affordable units .

Notwithstanding any other provision of this section 20.09.090, owner -occupied and rental multifamily residential developments in either an AHO or MUO district that are located on a site that is inclu ded in Appendix B (Candidate Sites Analysis) of the city’s Sixth Cycle Housing Element (2021 -2029), meet the objective development standards and density requirements in this section, and in which at least 20 percent of the units are affordable to lower income households shall be a use by right. For purposes of this subsection (K)(5), “use by right” shall have the meaning given in Government Code section 65583.2(i), as may be amended. Developments that qualify under this subsection (K)(5) shall be subject to the review procedures in this subsection (K), except that neither the design review nor the site approval shall be considered a “project” for purposes of the California Environmental Quality Act.

L. Required affordable housing agreement for continued a ffordability. Prior to the issuance of a building permit for any residential development project with affordable housing units in an AHO or MUO district, the applicant shall enter into a written agreement with the city ensuring the continued affordability of the affordable dwelling units for a period of not less than seventy-five years or as long as the property is in residential use, whichever is greater, for rental units and forty -five years for for -sale units. The terms and conditions of the agreement shall be binding upon the successor in interest of the developer and shall be recorded in the main office of the San Bernardino County assessor -recorder-clerk. The agreement shall be executed by the city manager, be in a form acceptable to the city attorney, and include provisions for the following:

1. The number and proportion of housing units affordable to moderate -income, low - income, and very low -income households by type, their location, and the number of bedrooms in each one;

2. Standards for maximum qualifying household incomes and maximum rents or sale prices;

3. Minimum home buyer payments and sources of funds for them;

4. The party responsible for certifying rents and sales prices of affordable housing units and reporting this information to the city;

5. The process that will be used to certify incomes of tenants or purchasers of the affordable housing units;

6. The manner in which vacancies will be marketed and filled, including the screening and qualifying of prospective renters and purchasers of the affordable units;

7. Deed restrictions on the affordable housing units binding on property upon sale or transfer and any subsequent sale or transfer;

8. Enforcement mechanisms to ensure that the affordable rental units are continuously occupied by eligible households and are not rented, leased, sublet, assigned, or otherwise transferred to non -eligible households, with reasonable allowances for inherited units and units initially occupied by very low -income individuals who incomes may increase to a low-income level;

9. Provisions allowing moderate income homebuyers to resell the unit at fair market value in return for the city receiving payment equal to the original affordability gap plus a defined share of the equity appreciation achieved on sale, which shall be deposited in the city's overlay district affordable housing fund and used within three years for any of 331
Ordinance No. 2024-003

01225.0005/942388.1
the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership; and

10. Project phasing, including the timing of completions, and rental or sale of the affordable housing units, in relation to the timing of the market-rate units.

M. Overlay district affordable housing fund. There is a separate fund of the city known as the overlay district affordable housing fund, and all in -lieu fees or other funds collected under this section shall be deposited into the overlay district affordable housing fund. Additional funds from other sources also may be deposited in the overlay distr ict affordable housing fund.

1. Money deposited in the overlay district affordable housing fund may be used to pay for the direct costs associated with administration and enforcement of the affordable housing program established for the AHO and MUO districts.

2. After payment of expenses, at least seventy percent of the remaining money shall be expended to provide housing affordable to low income and very low -income housing holds; the remaining money may be expended to provide housing affordable to moderate-income households.

3. The fund shall be administered by the director of development services.

4. A developer receiving funding from the fund shall implement a local preference in their resident selection criteria.

Section 3. Section 20.21.340 (Senior housing projects) of the Chino Municipal Code is hereby revised to read as follows (additions in red; deletions in bold strikethrough):

20.21.340 - Senior housing projects.

A. Consistency with California Civil Code . Senior housing projects shall be limited to occupancy consistent with section 51.3 of the California Civil Code.

B. Development standards . Except as provided in subsection C, senior Senior housing projects shall be developed in accordance with the development standards and guidelines applicable to the RD 20 zoning district.

C. Projects in the Affordable Housing Overlay or Mixed Use Overlay . Senior housing projects in the Affordable Housing Overlay or the Mixed Use Overlay shall be subject to the density requirements and development stan dards of the overlay in which the project is located, which are found in Section 20.09.090.

Section 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or circumstanc es, 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 5. Environmental Review. On April 18, 2023, the City adopted an Addendum to the 6 th Cycle Housing Element Update (2021 -2029) Project Negative Declaration (ND) pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines for the adoption of the Section 20.09.090 of the Chino Municipal Code . The Addendum determined 332
Ordinance No. 2024-003

01225.0005/942388.1
that the project was within the scope of the ND, which adequately describe d the activity for the purposes of CEQA, and include d findings supported by substantial evidence that there was no potential for a significant effect on the environment attributable to the adoption of the Section

20.09.090. The revisions in this ordinance fall within the project described in the Addendum and the ND and therefore no further CEQA review is required.

Section 6. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its second reading and adoption.

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 19TH DAY OF NOVEMBER 2024.

By:

EUNICE M. ULLOA, MAYOR

ATTEST:

By:

NATALIE GONZAGA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) §

CITY OF CHINO )

I, Natalie Gonzaga , City Cl erk 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 19th day of November 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

By:

NATALIE GONZAGA, CITY CLERK
333
01225.0005/949050.1
RESOLUTION NO. 2024-004

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA ADOPTING THE CITY OF CHINO 2021-2029 HOUSING

ELEMENT

WHEREAS, the City has received a mandate from the State of California and the California Department of Housin g and Community Development (HCD) t o update the Housing Element of t he General Plan, in order to set forth the City’s strategy to preserve and enhance the community’s residential character, expand housing opportunities for all economic sectors, and provide guidance and direction for local government officials in all matters related to housing; and

WHEREAS, on January 17, 2023, the City Council adopted an updated Housing Element, which included a program for the creation of an Affordable Housing Overlay and Mixed Use Overlay in order to accommodate Chino’s share of the regional housing need for lower - income households; and

WHEREAS, following adoption, the Housing Element was sent to the California Department of Housing and Community Development (HCD), which requested amendments to the Housing Element before it could be certified; and

WHEREAS, on April 18, 2023, following a recommendation by the Planning Commission, the City Council adopted Section 20.09.090 of the Chino Municipal Code, establishing regulati ons and standards for the Affordable Housing Overlay and Mixed Use Overlay; and

WHEREAS, HCD reviewed Section 20.09.090, per the requirements of state law, and determined that revisions were required in order for the City to comply with the requirements i n Housing Element law, particularly Government Code 65583.2; and

WHEREAS, City staff and the City’s Housing Element consultant have worked closely with HCD to make revisions to the Housing Element and to Section 20.09.090 , as well as Sections 20.04.030 and 20.21.340, in order to comply with state Housing Element laws. These amendments are included as a separate ordinance (Ordinance No. 2024-003); and

WHEREAS, on December 20, 2023, the Planning Commission held a duly noticed public hearing for the proposed 2021-2029 Housing Element changes and for PL23-0133 and adopted Resolution No. PC2023-035, reaffirming their recommendation for the City Council to adopt the 2021-2029 Housing Element and Municipal Code Amendments; and

WHEREAS, all provisions of the California Government Code and Chino Municipal Code related to the 2021 -2029 Housing Element have been complied with, including a noticed public hearing; and

WHEREAS, the City Council has completed its study of the proposed amendments to the 2021-2029 Housing Element; and

WHEREAS, on November 5, 2024 , the City Council held a duly -noticed public hearing and considered all documentary and verbal evidence concerning the amendments to the 2021- 2029 Housing Element and closed the public hearing.
334
RESOLUTION NO. 2024-004

01225.0005/949050.1

NOW, THEREFORE, t he City Counci l of the City of Chino, California, does hereby FIND, DETERMINE, and RESOLVE as follows:

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

B. Based on substantial evidence, both written and oral, from the public hearing, the City Council makes the following findings and takes the following actions regarding the 2021-2029 Housing Element Update:

1. CEQA Findings. On January 4, 2022, the City Council adopted a Negative Declaration (State Clearinghouse No. 2021100569) for the 2 021-2029 Housing Element update.

The proposed amendments to the 2021 -2029 Housing Element are sufficiently addressed in the Negative Declaration, and therefore no further environmental review is required.

2. Findings For Non -Vacant Sites. The City Council f inds, pursuant to Government Code Section 65583.2(g)(2) and based on substantial evidence described in Section 4 and Appendix B of the 2021 – 2029 Housing Element, that any existing uses on sites identified to accommodate affordable housing are likely to b e discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the 2021 -2029 Housing Element. Any sites identified to accommodate 2021 -2029 RHNA need that have exi sting structures, improvements and/or activities demonstrate a likelihood for redevelopment during the 2021-2029 planning period. Parcels with existing uses or activities that were not likely to be discontinued during the planning period were generally r emoved if they had conditions suggesting continued use or activity during the planning period.

3. Approval of 2021-2029 Housing Element. The City Council hereby approves the updates 2021-2029 Housing Element. City Staff are permitted to make minor non -substantive technical edits, including fixing typos and/or grammatical errors , as necessary for final certification.

4. Actions by the City Clerk . The City Clerk is hereby directed to attest as to the adoption of this Resolution as of the date set forth below a nd forthwith transmit a copy of this Resolution, by regular mail, to the Applicant at the address of record set forth in the Application.

PASSED, APPROVED AND ADOPTED THIS 5TH DAY OF NOVEMBER 2024.

EUNICE M. ULLOA, MAYOR

ATTEST:

NATALIE GONZAGA, CITY CLERK

335
RESOLUTION NO. 2024-004

01225.0005/949050.1

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

I, Natalie Gonzaga, City Clerk of the City of Chino, do hereby certify the foregoing Resolution was duly adopted by the Chino City Council at a regular meeting held on the 5th day of November 2024, by the following votes:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

NATALIE GONZAGA, CITY CLERK
336

MEMORANDUM

CITY OF CHINO

POLICE DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024

TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE

SUBJECT
..titl e
Federal Asset Forfeiture Funds – Police Bloodhound K9 (Federal Grant G4255).

..end

RECOMMENDATION
..recommendation
1) Establish a Federal Grant Number G4255; 2) appropriate $23,794 from unappropriated reserves of the Asset Forfeiture/Department of Justice Fund 120 for the purchase of a Police Bloodhound Service Dog, including initial training and all necessary equipmen t for both the dog and handler (Police Bloodhound K9 Team) ; 3) increase the Asset Forfeiture revenue by $23,794; and 4) authorize the City Manager to execute all necessary documents on behalf of the City.

..body

FISCAL IMPACT
These purchases requir e an appropriation of expenditures and revenue of $23,794 from the unappropriated reserves of the Federal Asset Forfeiture/Department of Justice Fund balance.

There are sufficient funds for this appropriation.

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

Revenue: 12040002-59500-G4255

Expenditure: 12040002-40010/43050/43320/48090-
G4255
Transfer In: Click or tap here to enter text. Transfer Out: Click or tap here to enter text.

337
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: FEDERAL ASSET FORFEITURE FUNDS - POLICE BLOODHOUND K9 (FEDERAL GRANT G4255).

PAGE: 2

BACKGROUND
For several years, the Chino Police Department has directly participated in investigations or prosecutions that have resulted in a federal forfeiture and, therefore, an equitable share of the net proceeds of the forfeiture is returned to the city. Forfeiture funds can only be designated for law enforcement use and must be used to increase or supplement the resources of the receiving law enforcement agency. Forfeiture funds cannot be used to replace the resources of the Department.

ISSUES/ANALYSIS
The Chino Police Department's personnel allotment designates four police service dogs, but currently staff three. To increase our operational capabilities, the Department has recognized the substantial advantages of incorporating a Police Bloodhound K9 Team to our existing K9 Unit.

Introducing a Police Bloodhound K9 Team into the Chino Police Department's existing K9 Unit offers significant operational benefits. Bloodhounds are recognized for their superior tracking abilities, particularly in locating m issing persons and criminal suspects across extended distances and challenging environments. Their highly refined sense of smell enhances the Department's ability to respond to critical incidents, locate individuals who have gone missing, and apprehend sus pects fleeing from crime scenes, ultimately boosting public safety.

Bloodhounds also excel in search and rescue missions, strengthening community relations and reflecting the Department's dedication to effective policing practices. Overall, a Police Bloodhound K9 Unit significantly elevates the operational effectiveness of the K9 Unit while building trust with residents.

As part of the research process for this project, K9 Unit supervisors consulted with several agencies in Southern California regarding their bloodhound programs and potential vendors.

After vetting multiple options, it was determined that Scent Evidence K9 best aligns with Department needs.

Scent Evidence K9, based in Tallahassee, Florida, provides AKC -certified bloodhounds that undergo an extensive 8-month training program before joining a new K9 handler. After the initial training, the bloodhound and han dler must complete a rigorous 5 -day certification course offered by Scent Evidence K9 in Tallahassee. It is strongly recommended that the unit's supervisory team attend this training as part of establishing the Police Bloodhound program.

The Police Bloodhound K9 Team will be incorporated into the existing K9 MOU and will occupy the fourth K9 position currently allotted.

FISCAL ANALYSIS:

The costs for the new Police Bloodhound Service Dog are projected to be:

 Purchase of a Bloodhound K9: $12,000
Total cost for the bloodhound is $13,500 - Initial $1,500 deposit paid from 2023/24 K9 operating budget

338
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: FEDERAL ASSET FORFEITURE FUNDS - POLICE BLOODHOUND K9 (FEDERAL GRANT G4255).

PAGE: 3

 Equipment, initial training, travel and lodging expenses for K -9 handler and two supervisors to Tallahassee, FL: $11,794

 TOTAL COST: $23,794

Ongoing costs for the Police Bloodhound will be paid from the annual K-9 Unit operating budget.

The Bloodhound K9 will be purchased through cooperative GSA contract #47QSWA22D0059 as reference in the attached noncompetitive source selection justification form. Coope rative purchasing is authorized per CMC Section 3.32.070.D.2.

The acquisition of a Bloodhound K9 is a strategic investment in the Chino Police Department's operational capabilities and community outreach efforts. With the outlined budget and the broad benefits, this program will significantly enhance our ability to serve and protect the community.

339

MEMORANDUM

CITY OF CHINO

PUBLIC WORKS DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024

TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS

SUBJECT
..titl e
Approve Construction Contract Change Order No. 2 with C.P. Construction Co., Inc., Upland, CA for the Kimball Avenue Preserve Improvements Project (ST232). ..end

RECOMMENDATION
..recommendation
1) Appropriate $717,809 from the Measure I Fund (322); 2) appropriate $700,000 from the SB-1 Road Maintenance Rehabilitation Fund (327); 3) reduce the funding source by $4,980,000 from the Preserve- Bridges, Signals and Thoroughfare DIF Fund 260; 4) reduce the project budget by a total of $3,562,191 for a revised project budget , in the amount of $4,494,049.94 for the Kimball Ave Preserve Im provement Project ST232; 5 ) approve Change Order No. 2 for $681,758.45 with C.P. Construction Co., Inc., Upland, CA (Contract No. 2024 -072) for Project (ST232) for Street Rehabilitation on Kimball Avenue from Rincon Meadows to Hellman Avenue for a revised total contract amount not to exceed $3,672,498.45; and 6) authorize the City Manager to execute all necessary documents on behalf of the City. ..body

FISCAL IMPACT
The Kimball Avenue Preserve Improvements Project (ST232) requires an appropriation of $717,809 from the Measure I Fund (322) reserves , an appropriation of $700,000 from the SB -1 Road Maintenance Rehabilitation Fund (327) reserves and a reduction of the Preserve-Bridges, Signals and Throughfare DIF Funding by $4,980,000. Contingency will not be used for Changer Order No. 2 and will remain at the current amount of $364,059. There are sufficient fund balance in Fund 322 and Fund 327 for this request.

TOTAL PROJECT BUDGET – ST232
Funding Source Adopted
Budget
Additional
Appropriation
Return to Fund
(260) Balance
Revised Project
Budget
*Fund 320 -
Transportation $6,790,756.94 $0 ($4,980,000.00) $1,810,756.94 Fund 322 -
Measure I $0 $717,809.00 $0 $717,809.00
Fund 327 –
RMRA (SB 1) $0 $700,000.00 $0 $700,000.00
**Fund 540 –
Storm Drain $1,265,484.00 $0 $0 $1,265,484.00
TOTALS: $8,056,240.94 $1,417,809.00 ($4,980,000.00) $4,494,049.94 * Fund 320 is being backfilled by the Preserve Bridges/Signals/Thoroughfares Fund (260) **Fund 540 is being backfilled by a Reimbursement agreement with the County of San Bernardino 340
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: APPROVE CONSTRUCTION CONTRACT CHANGE ORDER NO. 2 WITH C.P.

CONSTRUCTION CO., INC., UPLAND, CA FOR THE KIMBALL AVENUE PRESERVE IMPROVEMENTS PROJECT (ST232).

PAGE: 2

TOTAL PROJECT COSTS – ST232
Contractor Contract Amount Contingency Total Cost
C.P. Construction (includes CCO1) $2,959,540.00 $395,259.00 $3,354,799.00 C.P. Construction Change Order No. 1 $31,200.00 -($31,200.00) $0 C.P. Construction Change Order No. 2 $681,758.45 $0 $681,758.45 C.P. Construction New Contract
Total: $3,672,498.45 $364,059.00 $4,036,557.45
Construction Management $295,954.00 $0 $295,954.00
Inspection $147,977.00 $0 $147,977.00
TOTALS: $4,116,429.45 $364,059.00 $4,480,488.45

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
 Financial Stability
 Responsible Long-Range Planning
 Public Service Excellence through Internal and External Partnerships  Effective Technology

Revenue:

Expenditure: 3227190 – 48005 | 48009 – ST232
3277102 – 48005 | 48009 – ST232

Transfer In: Transfer Out:
341
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: APPROVE CONSTRUCTION CONTRACT CHANGE ORDER NO. 2 WITH C.P.

CONSTRUCTION CO., INC., UPLAND, CA FOR THE KIMBALL AVENUE PRESERVE IMPROVEMENTS PROJECT (ST232).

PAGE: 3

BACKGROUND
On July 5, 2023, the City Council awarded a construction contract to C.P. Construction Co., Inc.

Upland, CA for the Kimball Avenue Preserve Improvements Project (ST232) for $2,959,540.

The project includes two components:
 Kimball Avenue Street Improvements
The Street Improvements widen the northern half of Kimball Avenue between Rincon Meadows Avenue and Main Street (approximately ¾ mile) to accommodate two lanes of traffic in the westbound direction. These improvements will complete the master-planned facility from Euclid Avenue to Hellman Avenue in accordance with The Preserve Specific Plan and as included in the City’s Development Impact Nexus and Calculation Report. The scope of work also includes pavement rehabilitation on Kimball Avenue consisting of a mill and overlay along both sides of the roadway between Rincon Meadows and Main Street.
 Kimball Avenue Storm Drain Improvements
The Storm Drain Improvements constructed a boxed underground culvert structure beneath Kimball Avenue connecting two existin g basins located north and south of Kimball Avenue on County Department of Airports property. The City has executed a Cooperative Agreement Pass Through with the County in which the County will reimburse the City for construction of the drainage improvements upon completion and acceptance of the improvements by the City.

City Council authorized a project contingency for the Kimball Avenue Street Improvements of up to 15% of the original contract amount, and a project contingency for the Kimball Avenue St orm Drain Improvements up to 10% of the original contract amount for a total contingency amount of $395,259. Contract Change Order No. 1 was approved administratively on June 28, 2024, and reduced the project contingency to $364,059.

ISSUES/ANALYSIS
As noted above, the Kimball Street Improvement scope of work includes pavement rehabilitation along both sides of Kimball Avenue between Rincon Meadows and Main Street. To address Council comments from the July 5, 2023, City Council Meeting, regarding unifor m appearance along the entire corridor within the Preserve, the City has requested the contractor to expand the scope of pavement rehabilitation easterly to Hellman Avenue. The pavement rehabilitation will include a 2 -inch grind and overlay, striping, inst allation of new traffic signal loops, and adjustment of water valves and utility manholes. The project scope excludes the area recently improved by a development project along the northerly half between Flight and Hellman Avenues. The pavement rehabilitation within the corridor will also ensure consistent aging of the roadway. The proposed contract change order will expand the pavement rehabilitation from Main Street to the easterly city limit, Hellman Avenue (additional approximately ¾ mile). The total p avement rehabilitation is approximately 1.5 miles from Rincon Meadows Avenue to Hellman Avenue.

C.P. Construction Change Order No. 2 Amount
2-inch Grind and Overlay $1,170,000.00
Adjustment of Manholes to Grade $78,000.00
Adjustment of Water Valves, Box and Pipes to new proposed Grade $81,000.00 Remove Existing Striping and Install Final Striping $46,808.45 Install New Traffic loops $42,000.00
342
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: APPROVE CONSTRUCTION CONTRACT CHANGE ORDER NO. 2 WITH C.P.

CONSTRUCTION CO., INC., UPLAND, CA FOR THE KIMBALL AVENUE PRESERVE IMPROVEMENTS PROJECT (ST232).

PAGE: 4

Total Pavement Rehabilitation Costs: $1,417,808.45
Balancing Bid Items -($736,050.00)
Change Order No. 2 Total: $681,758.45
Roadway maintenance, or pavement rehabilitation costs, are not included in the Development Impact Fees. The original amount of $736,050 appropriated to the Transportation Fund (320) with the award of contract cannot be backfilled from the Bridges, Signals , and Thoroughfare Preserve Development Impact Fee Fund (260) reserves. With this Council action, costs for pavement rehabilitation included with the original bid items and the expanded scope (a total of $1,417,809) will be funded from the Measure I Fund (322) reserves and the SB -1 Roadway Maintenance and Rehabilitation Fund (327) reserves. The corresponding amount of $736,050 will be returned to the fund 260 balance.

Unexpended funds previously allocated totaling $4.98 million for the master -planned K imball Avenue Preserve Improvement Project will be returned administratively to the Preserve Bridges/Signals/Thoroughfares Fund 260 balance. None of these funds have been used for the project.

Staff recommends the City Council approve Change Order No. 2 f or $681,758.45 with C.P.

Construction Co., Inc., Upland, CA (Contract No. 2024 -072) for the Kimball Avenue Preserve Improvements Project (ST232) for a revised total contract amount not to exceed $3,672,498.45.

Attachments: Exhibit A – Project Location Map
Exhibit B – Change Order No. 2

343
LEGEND
Original
Contract
Limits

Additional
Limits
(CCO #2)
ST232 – KIMBALL AVE STREET IMPROVEMENTS
EXHIBIT “A”

344
DATE: 2
PROJECT: 2,959,540.00$
31,200.00$
LOCATION: 681,758.45$
3,672,498.45$
TO (Contractor):

ITEM NO. QUANTITY UNIT UNIT PRICE DECREASE IN

CONTRACT PRICE

INCREASE IN

CONTRACT PRICE
1 -43,000.00 SF 1.00$ (43,000.00)$ -$ 2 -43,000.00 LF 5.50$ (236,500.00)$
-$
3 -9.00 EA 2,500.00$ (22,500.00)$
4 -3.00 EA 1,350.00$ (4,050.00)$
5 -1.00 LS 25,000.00$ (25,000.00)$
6 -135,000.00 SF 3.00$ (405,000.00)$
-$
7 390,000.00 SF 3.00$ -$
1,170,000.00$
8 40.00 EA 1,950.00$ -$
78,000.00$
9 90.00 EA 900.00$ -$
81,000.00$
10 1.00 LS 46,808.45$ -$
46,808.45$
11 70.00 EA 600.00$ -$
42,000.00$
BID ITEM 7 - Saw cut, remove and dispose of AC Pavement and Base or native soil to depth per Project Plan.

BID ITEM 13 - Construct 5” AC over 9” AB at 95% compaction with subgrade preparation. See General Note 23. AC base course and finish course shall be Class PG 70-10 with ¾” rock
This document shall become an amendment to the contract and all provisions of the contract will apply hereto. This Change Order constitutes a complete and final resolution of all claims of the contract for additional time or additional compensation related to or affected by work that is the subject of this Change Order. Quantities of items other than Lump Sum are not to exceed the amounts indicated. (736,050.00)$ 1,417,808.45$
NET CHANGE IN CONTRACT PRICE 681,758.45$
The sum of $681,758.45is hereby added to the current contract price of $2,990,740.00and the total adjusted contract price to date

TOTAL CHANGE
thereby is $3,672,498.45.

The time provided for completion in the contract is extended by 0 days.

THE CONTRACT IS CHANGED AS FOLLOWS: Project is under budget, therefore, does not require Council approval.

PUBLIC WORKS DEPARTMENT

CONTRACT CHANGE ORDER
10/10/2024 CONTRACT NO.: CHANGE ORDER NO.:

Kimball Ave Preserve Improvements Project Original Contract Amount 2024-072
Previously Authorized Change Order Amount
Kimball Ave at Quality Way Authorized Amount for Current Change Order Adjusted Contract Amount
C.P. Construction Co.,Inc

DESCRIPTION
BID ITEM 32 - Remove existing striping by wet sandblasting and install final striping with thermoplastic materials per City Traffic Engineer.

Replace existing Traffic signs and posts per City of Chino Std. Dwg. 805 and current Caltrans standard traffic control signs. Deliver removed signs and posts to the City Yard.

BID ITEM 30 - Double adjust manhole to grade per City of Chino Std. Dwg. 535. (Phase 1 Work Area)
BID ITEM 31 - Adjust water valve, box and pipes to new proposed grade per City of Chino Std. Dwg 455 (Phase 1 Work Area).

Remove existing striping by wet sandblasting and install final striping with thermoplastic materials per City Traffic Engineer. Replace existing Traffic signs and posts per City of Chino Std. Dwg. 805 and current Caltrans standard traffic control signs. Deliver removed signs and posts to the City Yard.

Install new Type ‘E’ and ‘F’ traffic signal loops with 2” stubouts as shown per plan, splice to new DLC in pull box, include providing and installation of new DLC cables to controller cabinet, as noted on the Project Plans. Test and verify integrated phased operation per new requirements of proposed design. Per Caltrans Standard Drawing ES-5A and City of Chino Standard Drawings.

Cold plane 2” existing pavement and construct 2” min AC overlay existing pavement per pavement joint detail on Sheet 2 of 18, minimum 5’ width.

Overlay shall be Class PG 70-10 with ¾” rock. (Bid Schedule A – Phase 1 Work Area)
Cold plane 2” existing pavement and construct 2” min AC overlay existing pavement per pavement joint detail on Sheet 2 of 18, minimum 5’ width.

Overlay shall be Class PG 70-10 with ¾” rock. (Bid Schedule A – Phase 1 Work Area)
Double adjust manhole to grade per City of Chino Std. Dwg. 535. (Phase 1 Work Area)
Adjust water valve, box and pipes to new proposed grade per City of Chino Std.

Dwg 455 (Phase 1 Work Area).
345
APPROVED BY: Hye Jin Lee, PE
Director of Public Works Date
Project Manager Date
APPROVED BY: Albert Espinoza, PE
City Engineer Date
ACCEPTED BY: Charles Michael Pfister
Contractor
NOTE: All workmanship and materials called for by this Change Order shall be fully in accordance with the original Contract Document insofar as the same may be applied without conflict to the conditions set forth by this Change Order. The time for completing the Contract will not be extended unless expressly provided for in the Change Order. This Change Order shall not be considered as such until it has been signed by authorized representatives of the Contractor and the City. Upon final approval, distribution of copies will be made as required.

ATTEST: Natalie Gonzaga
City Clerk Date
APPROVED BY: Dr. Linda Reich
City Manager Date
Date
RECOMMENDED BY:Anthony Flores
346
DATE: 2

1. Necessity for change: Yes No

2. Yes No

3. Yes No

4. Yes No

5. Has consent of surety been obtained? Yes N/A

6. Yes No
Yes No

7. Yes No
CHANGE ORDER NO.:

This change reflects the cumulation of field verified changes to the bid quantities.

Effect on operation and maintenance costs:

Will proposed change alter the project scope?
Effect of this change on project contractors?
Due to the deterioration of Kimball Ave from Main St to Hellman Ave, this change order will allow the extension of the pavement work to be expanded from the original street restoration limits from Rincon Meadows Ave to Main Street on Kimball Ave. The new pavement restoration limits on Kimball Ave will now extend from Rincon Meadows Ave to Hellman Ave improving the stability and rideability of the pavement.

Is proposed change an alternate bid?
Will this change effect expiration or extent of coverage? If Yes, will the policies be extended?

CONTRACT CHANGE ORDER
10/10/2024 CONTRACT NO.: 2024-072

REQUEST AND JUSTIFICATION FOR CHANGE
347

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: MAYOR PRO TEM COMSTOCK

SUBJECT
..titl e
Community Support Fund – Mayor Pro Tem Comstock.
..end

RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to Chino High School Band Boosters – 77th Calvary.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2024-25 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:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2031
Transfer In: Transfer Out:
348
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: COMMUNITY SUPPORT FUND - MAYOR PRO TEM COMSTOCK.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non -profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Mayor Pro Tem Comstock recommends that the City Council approve the following contribution:
 Chino High School Band Boosters – 77th Calvary ($250) : An award -winning field competition band that has proudly represented Chino High School and the Chino community at renowned events that include the 113th annual Rose Parade in Pasadena.

By approving this contribution, the Chino High School Band Boosters – 77th Calvary will be better equipped to provide services to the Chino community. Therefore, as proposed by Mayor Pro Tem Comstock, staff recommends that the City Council approve the community support contribution to Chino High School Band Boosters - 77th Calvary.

349

MEMORANDUM

CITY OF CHINO

ADMINISTRATION DEPARTMENT

CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024

TO: MAYOR AND CITY COUNCIL MEMBERS, CITY OF CHINO
FROM: COUNCIL MEMBER LUCIO

SUBJECT
..titl e
Community Support Fund – Council Member Lucio.
..end

RECOMMENDATION
..recommendation
Approve a community support fund contribution of $250 to the Soroptimist International of the Chino Valley Hoe Down.
..body

FISCAL IMPACT
Sufficient funds have been included in the Fiscal Year 2024-25 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:
 Positive City Image
 Superior Customer Service
 Exemplary Leadership
 Public Service Excellence through Internal and External Partnerships

Revenue:

Expenditure: 1002000 43300 N2029
Transfer In: Transfer Out:
350
CITY COUNCIL MEETING DATE: NOVEMBER 5, 2024
TITLE: COMMUNITY SUPPORT FUND - COUNCIL MEMBER LUCIO.

PAGE: 2

BACKGROUND
The City of Chino is fortunate to have multiple non-profits and community groups dedicated to serving the public and preserving Chino’s unique history. To assist in their ongoing efforts, the City Council from time to time authorizes expenditures from the City’s community support fund.

These expenditures serve a valid public purpose by helping to continue the outstanding services that these organizations provide to our community.

ISSUES/ANALYSIS
To continue this tradition, Council Member Lucio recommends that the City Council approve the following contribution:
 Soroptimist International of the Chino Valley – Hoe Down ($250): Seeks to empower woman and girls by providing a number of educational opportunities, programs, and resources.

By approving this contribution, Soroptimist International of th e Chino Valley will be better equipped to provide services to the Chino community. Therefore, as proposed by Council Member Lucio, staff recommends that the City Council approve the community support contribution to Soroptimist International of the Chino Valley.

351